Avant v. Avant

Appellees recovered a judgment against appellant for the statutory penalty provided by section 4S9S of the Code of 1907 for the failure to mark “satisfied” the record of a certain mortgage executed by them to the appellant, bearing date May 2, 1916, and which was duly recorded. It is well established by our decisions that the foregoing statute, being highly penal in its nature, is to be strictly construed, and to authorize a recovery thereunder the complaining party must bring himself within its letter. Wilkerson v. Sorsby, 201 Ala. 182, 77 South. 708.

The notice to the mortgagee demanding…