Martin v. Walker
Supreme Court of Alabama
Appeal from Clay County Court. Heard before Hon. E. J. Garrison. Action by H. E. Martin against W. R. Walker and George Gosdin, as partners, for the penalty,for the failure to satisfy the record of a mortgage. Judgment for defendants, and plaintiff appeals.
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Appeal from Clay County Court. Heard before Hon. E. J. Garrison. Action by H. E. Martin against W. R. Walker and George Gosdin, as partners, for the penalty,for the failure to satisfy the record of a mortgage. Judgment for defendants, and plaintiff appeals. Transferred from the Court of Appeals under section 6, Acts of 1911, p. 450. The notice is as follows: “Goodwater, Ala., 2-18-15. Dear Sirs: I see your mortgage on me hasn’t been taken off record yet, please give the matter prompt attention and take it off at once. The mortgage was due Nov. 1, 1914, recorded in Mortgage Record 42, page…
1Opinion of the CourtSayre, J.
It may be doubted that the notice in this case was the full equivalent of the request in writing which the statute, section 4898 of the Code, makes a condition precedent to the mortgagee’s liability for failing to enter the fact of payment or satisfaction on the margin of the record.—Clark v. Wright, 123 Ala. 594, 26 South. 501. But defendants knew what it meant, .and accepted it as the request prescribed by law. We shall therefore, for the purposes of this case, consider it as sufficient. So ■considering the request, we think there was no reversible error.(1) The ethical correctness of the…
2Cases cited7 opinions
- Sweet v. KimballMassachusetts Supreme Judicial Court · 1896
- Hooper v. WhitakerSupreme Court of Alabama · 1900
- Chattanooga National Building & Loan Ass'n v. EcholsSupreme Court of Alabama · 1899
- Mayhall v. WoodallSupreme Court of Alabama · 1915
- Clark v. Wright, Henderson & RainerSupreme Court of Alabama · 1898
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3Cited by5 opinions
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- International Harvester Co. v. SimpsonSupreme Court of Alabama · 1931
- Avant v. AvantSupreme Court of Alabama · 1922
- Hamilton v. Harry L. Hussmann Refrigerator & Supply Co.Supreme Court of Alabama · 1926
- People v. WrightIllinois Supreme Court · 1961