Henderson v. Wilson
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. This action was brought by the appellee, W. J. Wilson, against the appellants, J. E. and W. E. Henderson, to recover the statutory penalty of two hundred dollars, for the failure to enter satisfaction upon the margin of the record of a mortgage, executed by the plaintiff to defendants, after being requested so to do in writing.
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Appeal from the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. This action was brought by the appellee, W. J. Wilson, against the appellants, J. E. and W. E. Henderson, to recover the statutory penalty of two hundred dollars, for the failure to enter satisfaction upon the margin of the record of a mortgage, executed by the plaintiff to defendants, after being requested so to do in writing. Tlie cause was tried upon issue joined upon tlie plea of the general issue. Upon the trial of the case, the plaintiff introduced in evidence a mortgage which was given b,y him to the…
1Opinion of the CourtTyson, J.
This action is brought to recover the statutory penalty of two hundred dollars for an alleged failure to enter satisfaction upon the margin of the record of a mortgage executed by plaintiff to the defendants, after a request in writing to do so. — Acts, 1898-99, ]). 26.
The chief important question presented is the sufficiency of the written request. It is in this language;: “April 28, 1902, J. E. and AY. E. Henderson. Please go to the probate’s office in Coffee county, Ala., and mark the mortgages and notes you hold open there against me satisfied on the record and oblige.
“W. J. Wilson and…
2Cases cited5 opinions
- Dothan Guano Co. v. WardSupreme Court of Alabama · 1902
- Chattanooga National Building & Loan Ass'n v. EcholsSupreme Court of Alabama · 1899
- Clark v. Wright, Henderson & RainerSupreme Court of Alabama · 1898
- Perryman & Co. v. SmithSupreme Court of Alabama · 1894
- L. & E. Lamar v. SmithSupreme Court of Alabama · 1900
3Cited by5 opinions
- Partridge v. WilsonSupreme Court of Alabama · 1904
- International Harvester Co. v. SimpsonSupreme Court of Alabama · 1931
- Potts v. EllisSupreme Court of Alabama · 1939
- Avant v. AvantSupreme Court of Alabama · 1922
- International Harvester Co. v. FulmerSupreme Court of Alabama · 1936