Young v. Campbell
Alabama Court of Appeals
Appeal from Lawrence Circuit Court. Heard before Hon. D. W. Speake. Action by Rebecca Young against C. CL Campbell, to recover the penalty prescribed by statute for a failure to enter partial payments on the record of a mortgage after request therefor. Judgment for defendant and plaintiff appeals.
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Appeal from Lawrence Circuit Court. Heard before Hon. D. W. Speake. Action by Rebecca Young against C. CL Campbell, to recover the penalty prescribed by statute for a failure to enter partial payments on the record of a mortgage after request therefor. Judgment for defendant and plaintiff appeals. The judgment entry shows that issue was joined upon the general issue, and this was conclusive as to the issues on the trial. — Providence B. L. I. Go-, v. Pruett, 157 Ala. 546. If full payment of the mortgage was a good defense it should have been specially pleaded. — Section 5381, Code 1907; Ann.…
1Opinion of the CourtPelham, J.
The right of a mortgagor to recover the statutory penalty prescribed by section 4897 of the Code of 1907 for failure upon the part of a mortgagee, within 30 days after notice, to enter partial payments on the margin of the record giving the dates and amounts of such payments, does not lie when, at the time of the notice, the debt secured by the mortgage has been fully paid or satisfied. The only right of the mort*495gagor under such circumstances is, under section 4898 of the Code, to recover the penalty for failure to enter the fact of payment or satisfaction on the margin of the record. Ayers…
2Cases cited1 opinion
- Ayres v. CraftSupreme Court of Alabama · 1900
3Cited by1 opinion
- American Ry. Express Co. v. StanleySupreme Court of Alabama · 1922