Pickett v. Frost
Alabama Court of Appeals
Failure to Satisfy Mortgage. Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtís. Action by G. B. Frost against D. F. Pickett to recover tbe statutory penalty for failure to enter satisfaction of mortgage on tbe margin of tbe record. Judgment for plaintiff and defendant appeals.
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Failure to Satisfy Mortgage. Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtís. Action by G. B. Frost against D. F. Pickett to recover tbe statutory penalty for failure to enter satisfaction of mortgage on tbe margin of tbe record. Judgment for plaintiff and defendant appeals. Tbe statute prescribes tbe penalty and must be strictly construed. — Groons v. Haamon, 59 Ala. 510; Jarett v. Mc-Cabe, 75 Ala. 325; Scott v. Fields, 75 Ala. 419. Tbe request set up does not amount to a request to enter satisfaction on tbe margin of tbe record. — Loan Ass’n v. Echols, 125 Ala. 552;…
1Opinion of the CourtPelham, J.
This appeal is prosecuted by tbe appellant from a judgment in favor of tbe appellee in a suit brought to recover tbe statutory penalty provided by section 4898 of tbe Code for a failure to enter tbe fact of payment or satisfaction of a mortgage on tbe *445margin of the record. The second count of the complaint sets out the written notice given by the mortgagor to the mortgagee, and is in this language: “Sat. Dec. 3, 1910. Mr. D. F. Pickett — Dear Sir: Please have my moregage marked setel on the Record book in the Probate office at Jasper, and Big. G. B. Frost.” The defendant attacked this count…
2Cases cited3 opinions
- Chattanooga National Building & Loan Ass'n v. EcholsSupreme Court of Alabama · 1899
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