McClendon v. Henderson Land & Development Co.
Alabama Court of Appeals
Appeal from Gadsden City Court. Heard before Hon. John H. Disquel Action by Charles McClendon against the Henderson Land & Development Company, for the statutory penalty for a failure to satisfy the record of the mortgage. Judgment for defendant and plaintiff appeals.
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Appeal from Gadsden City Court. Heard before Hon. John H. Disquel Action by Charles McClendon against the Henderson Land & Development Company, for the statutory penalty for a failure to satisfy the record of the mortgage. Judgment for defendant and plaintiff appeals. The complaint shows that the wife had no interest in the mortgaged property and joined in the mortgage solely for the purpose of barring her claim of homestead and dower rights, and she was not a necessary party to the notice or party to the suit. This allegation differentiates this case from the case of Jowers v. Browiv, 187…
1Opinion of the Court
THOMAS, J.-
This suit was brought by the appellant to recover of appellee the statutory penalty, provided by section 4898 of the Code, for a failure to enter upon the margin of the record of a mortgage the fact of its satisfaction and payment. It appears from the averments of the complaint, among other things, that, while the mortgage mentioned was executed by both the appellant and his wife, yet the request in writing made on appellee to enter of record the fact, of its payment, was made only by the appellant, his wife not joining therein. It is further alleged in the complaint, however, that…
2Cases cited4 opinions
- Coffman v. HendersonAlabama Court of Appeals · 1913
- Grooms v. HannonSupreme Court of Alabama · 1877
- Scott v. FieldSupreme Court of Alabama · 1883
- Jarratt v. McCabeSupreme Court of Alabama · 1883
3Cited by3 opinions
- Wilkerson v. SorsbySupreme Court of Alabama · 1918
- Glover v. HowellAlabama Court of Appeals · 1930
- Wills v. CleghornSupreme Court of Alabama · 1926