Ikard v. Armstrong
Alabama Court of Appeals
Appeal from Madison Law and Equity Court. Heard before Hon. J. H. Ballentine. Action by Willie F. Armstrong against Ed. Ikard, . for the penalty for failure to satisfy the record of a mortgage. Judgment for plaintiff and defendant appeals.
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Appeal from Madison Law and Equity Court. Heard before Hon. J. H. Ballentine. Action by Willie F. Armstrong against Ed. Ikard, . for the penalty for failure to satisfy the record of a mortgage. Judgment for plaintiff and defendant appeals. There was no ac cord and satisfaction shown, and without it there was no payment of the mortgage debt, and the court erred in failing to so instruct the jury. — Scott v. Rawls, 159 Ala. 399; Rand Lumber Go. v. Rail, 147 Ala. 561; Rodges v. Tenn. Imp. Go., 123 Ala. 572; Singleton v. Thomas, 73 Ala. 205. There was a valid and binding accord and payment of the…
1Opinion of the CourtThomas, J.
The only question is whether or not the mortgages that appellant failed upon written demand to mark “satisfied” on the record, as required by section 4900 of the Code, had been paid before the making of the demand. Upon the theory that there was no evidence tending to show such payment and satisfaction, he, the appellant, defendant below, requested the affirmative charge, the refusal of the court to give which is the only error assigned.
On this subject the plaintiff testified in effect that he did not pay the mortgages off in cash, but that he delivered to defendant two mules, a wagon and…
2Cases cited5 opinions
- Hand Lumber Co. v. HallSupreme Court of Alabama · 1906
- Hodges v. Tennessee Implement Co.Supreme Court of Alabama · 1898
- Scott & Sons v. Rawls & RawlsSupreme Court of Alabama · 1909
- Louisiana Lumber Co. v. J. W. Farrior Lumber Co.Alabama Court of Appeals · 1913
- Brassell v. WilliamsSupreme Court of Alabama · 1874
3Cited by2 opinions
- American Workmen v. JamesAlabama Court of Appeals · 1915
- Manufacturers' Finance Acceptance Corp. v. AutreySupreme Court of Alabama · 1934