Jarratt v. McCabe
Supreme Court of Alabama
Appeal from Lawrence Circuit Court. Tried before Hon. H. C. Speake. The facts are sufficiently stated in-the opinion. (1) The request required by the statute is not unlike the common law notice to quit by a landlord, which was sufficient if signed by one only, though several were interested in the premises jointly. — Bou. Law Die., title, Notice to Quit. The notice by Scott was within the spirit and letter of the statute.
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Appeal from Lawrence Circuit Court. Tried before Hon. H. C. Speake. The facts are sufficiently stated in-the opinion. (1) The request required by the statute is not unlike the common law notice to quit by a landlord, which was sufficient if signed by one only, though several were interested in the premises jointly. — Bou. Law Die., title, Notice to Quit. The notice by Scott was within the spirit and letter of the statute. (2) The mortgagor who did sign and deliver the request, was presumably acting for himself and co-obligor, who wrote the body of the notice, and was present when it was…
1Opinion of the CourtSomenyille, J.
The action is for a penalty of two hundred dollars, based upon the alleged failure of the defendant, as mortgagee, to enter satisfaction of a mortgage upon the margin of the record, within three months after payment of the mortgage debt, and after request to make such entry in accordance with the provisions of the act of March 1st, 1881, amendatory of sections 2222 and 2223 of the Code of 1876. Acts 1880-81, p. 32; Acts 1878-79, p. 70. The statute requires that such request should be made by the mortgagor, and that it must be made in writing. There were two mortgagors in the present case,…
2Cases cited3 opinions
- Harris v. Swanson & Bro.Supreme Court of Alabama · 1878
- Renfro v. AdamsSupreme Court of Alabama · 1878
- Bell v. WilkinsonSupreme Court of Alabama · 1880
3Cited by14 opinions
- Butler Cotton Oil Co. v. BrooksSupreme Court of Alabama · 1920
- Greek-American Produce Co. v. Illinois Central R. R.Alabama Court of Appeals · 1912
- Wilkerson v. SorsbySupreme Court of Alabama · 1918
- Jowers v. Brown Bros.Supreme Court of Alabama · 1902
- Fallon v. HackneySupreme Court of Alabama · 1961
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