Scott v. Field
Supreme Court of Alabama
Appeal from Blount Circuit Court. Tried before Hon. LeBoy F. Box. Jason Scott commenced this action on 12th January, 1883, against Abijah E. Fields, to recover the statutory penalty of two hundred dollars for the alleged failure of the defendant to enter of record satisfaction of a chattel mortgage executed by the plaintiff to the defendant on the 14th February, 1881. The cause was tried on the plea of the general issue, the trial resulting in a nonsuit by the plaintiff,…
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Appeal from Blount Circuit Court. Tried before Hon. LeBoy F. Box. Jason Scott commenced this action on 12th January, 1883, against Abijah E. Fields, to recover the statutory penalty of two hundred dollars for the alleged failure of the defendant to enter of record satisfaction of a chattel mortgage executed by the plaintiff to the defendant on the 14th February, 1881. The cause was tried on the plea of the general issue, the trial resulting in a nonsuit by the plaintiff, with a bill of exceptions. After proof of the execution and registration of the mortgage had been made, evidence was…
1Opinion of the CourtBriokell, C. J.
The action is founded on the amenda-tory statute approved March 1, 1881 (Pamph Acts, 1880-81, p. 32), subjecting a mortgagee, or the assignee or transferee of a mortgage, having received “satisfaction of the amount secured by such mortgage,” to a penalty of two hundred dollars, if, for three months after request in writing by the mortgagor, he fails to enter satisfaction of such mortgage upon the margin of the record thereof, unless, when such request is made, or within said three months, there is a pending.suit between the parties involving the fact, whether such mortgage has been satisfied.…
2Cases cited1 opinion
- Grooms v. HannonSupreme Court of Alabama · 1877
3Cited by18 opinions
- Whipple v. FowlerNebraska Supreme Court · 1894
- Mitchell v. OliverSupreme Court of Georgia · 1985
- Smith v. ColsonSupreme Court of Oklahoma · 1912
- American Nat. Bank of Oklahoma City v. JordenSupreme Court of Oklahoma · 1926
- Butler Cotton Oil Co. v. BrooksSupreme Court of Alabama · 1920
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