Chattanooga National Building & Loan Ass'n v. Echols
Supreme Court of Alabama
Appeal from the City 'Court of Gadsden. Tried before the Hon. John H. Disqtje. The facts of the case are sufficiently stated in the opinion.
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Appeal from the City 'Court of Gadsden. Tried before the Hon. John H. Disqtje. The facts of the case are sufficiently stated in the opinion. The note as given the plaintiff asking for the cancellation of the mortgage was not a sufficient notice, within the meaning of the statute, to render the mortgagee liable for the statutory penalty for failure to enter satisfaction upon the mortgage record. — Loci) v. Huddleston, 105 Ala. 257; Gay, Hardie Co. v. Rogers, 109 Ala. 624; Scott v. Fields, 79 Ala. 214. The notice to cancel the mortgage given by plaintiff to defendant was sufficient. Jordan v.…
1Opinion of the CourtMcCLELLAN, C. J.
This action is prosecuted by Echols against the Chattanooga Building & Loan Association to- recover the penalty prescribed by section 1066 of the Code for a failure of the defendant to enter • satisfaction of a mortgage after an alleged request to that end. The facts involved are substantially these: Mrs. Payne executed the mortgage in question covering a house and lot to the Chattanooga Building & Loan Association to secure her note of even date for borrowed money. The association took out a policy of insurance on the house to protect its security. Some time afterward Mrs. Payne sold and…
2Cases cited1 opinion
- Steiner & Bro. v. SnowSupreme Court of Alabama · 1885
3Cited by8 opinions
- Partridge v. WilsonSupreme Court of Alabama · 1904
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- Henderson v. WilsonSupreme Court of Alabama · 1903
- Martin v. WalkerSupreme Court of Alabama · 1916
- Pickett v. FrostAlabama Court of Appeals · 1913
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