Jowers v. Brown Bros.
Supreme Court of Alabama
Appeal from the Circuit Court of Clarke. Tried before the ITon. John C. Anderson, This action was brought by the appellants against the appellees. The- facts of itlhe case are sufficiently stated in the opinion. The plaintiffs separately excepted to the court’s refusal to> give at their request the general affirmative charge in their favor. They also excepted to the court’s giving at'the request of the defendants the general affirmative charge in their behalf.
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Appeal from the Circuit Court of Clarke. Tried before the ITon. John C. Anderson, This action was brought by the appellants against the appellees. The- facts of itlhe case are sufficiently stated in the opinion. The plaintiffs separately excepted to the court’s refusal to> give at their request the general affirmative charge in their favor. They also excepted to the court’s giving at'the request of the defendants the general affirmative charge in their behalf. There were verdict.and judgment for the defendants. The plaintiffs appeal and assign as error the rulings of the court upon the…
1Opinion of the CourtDowdell, J.
The appellants, J. M. Jowers and Effie A. Jowers, sued ’the defendants to recover a penalty under the statute, (Code, § 1066), for an alleged failure to enter satisfaction on the margin of the record by them as mortgagees of a mortgage executed to them by the; plaintiffs, after request in writing to do so; In Jarrett v. McCabe, 75 Ala. 325, it was said: “The statute giving the penalty is obviously penal in its nature, and must be strictly construed. It can not be extended by implication. ' The request to enter satisfaction must, for this .reason, be made by all tbe interested parties, by both…
2Cases cited1 opinion
- Jarratt v. McCabeSupreme Court of Alabama · 1883
3Cited by6 opinions
- Butler Cotton Oil Co. v. BrooksSupreme Court of Alabama · 1920
- Wilkerson v. SorsbySupreme Court of Alabama · 1918
- Fallon v. HackneySupreme Court of Alabama · 1961
- Clark v. HendersonSupreme Court of Alabama · 1943
- Glover v. HowellAlabama Court of Appeals · 1930
1 more not listed; retrieve them via the Exa API.