Baty v. Foster

This is an action for the statutory penalty for failing to satisfy a mortgage by the mortgagor against the mortgagee under section 9023 of the Code of 1923.

The mortgage was made to J. T. Foster, and the notice was directed to John Foster, but the proof shows that J. T. and John Foster were one and the "same person, and that the notice was served on the person to whom the mortgage was given.

While the notice could have been more specific, it was sufficient to apprise the mortgagee that the mortgagor desired a surrender of the mortgage and the satisfaction of same on the record. True, it did not…