Fallon v. Hackney

This action was brought by plaintiffs against defendant, as the assignee of a mortgage, to recover the penalty provided by Section 179 of Title 47, Code 1940, for failure to enter the fact of satisfaction on the mortgage record.

The cause was first tried in the Intermediate Civil Court of Birmingham, on a stipulation as to the facts. On appeal to the circuit court the agreed statement of facts was refiled, and was amended to include additional payments made by plaintiffs to the mortgagee, which payments were omitted from the stipulation through error.

The agreed statement of facts is as follows: