Walker v. English
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. H. C. Speake. This action was brought by the appellees against the appellant, to recover the statutory penalty for a failure for three months, after written request, to mark a mortgage satisfied on the record. Among the several pleas which were filed by the defendant were the following : (3.) “The defendant denies that he refused to mark said mortgage satisfied, as requested by the plaintiff.”
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Appeal from the Circuit Court of Madison. Tried before the Hon. H. C. Speake. This action was brought by the appellees against the appellant, to recover the statutory penalty for a failure for three months, after written request, to mark a mortgage satisfied on the record. Among the several pleas which were filed by the defendant were the following : (3.) “The defendant denies that he refused to mark said mortgage satisfied, as requested by the plaintiff.” (6.) “That defendant is a citizen of the State of Tennessee, and at the time notice was given him, he was physically unable to come to…
1Opinion of the Court
BRICKELL, O. J.
— The action in which the appellees, as mortgagors, were plaintiffs, was brought against the appellant as morgagee, to recover the penalty of two hundred dollars which is imposed by the statute, (Code, § 1869), upon a mortgagee who fails for three months after the request in writing of the mortgagor, to enter satisfaction upon the margin of the record of the mortgage, the mortgage debt having been paid.
The defendant filed several pleas, to two of which, the third and sixth, demurrers were sustained.
The third plea is a mere denial of the refusal of the defendant to enter the…
2Cases cited1 opinion
- Renfro v. AdamsSupreme Court of Alabama · 1878
3Cited by6 opinions
- St. Louis-San Francisco Ry. Co. v. KimbrellSupreme Court of Alabama · 1932
- Craig & Co. v. Pierson L. Co.Supreme Court of Alabama · 1913
- Drennen Motor Car Co. v. EvansSupreme Court of Alabama · 1915
- Rasmus v. SchafferSupreme Court of Alabama · 1935
- Dittman Boot & Shoe Co. v. MixonSupreme Court of Alabama · 1897
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