New South Building & Loan Ass'n v. Bowie
Supreme Court of Alabama
Appeal from the Circuit Court of Talladega. Tried before the Hon. G-eo. E. Brewer. Action by A. Y. Bowie against the New South Building & Loan Association to recover the statutory penalty for the failure on the part of the defendant, after request niade by the plaintiff, to enter on the margin of the record of a mortgage, partial payments made by the plaintiff.
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Appeal from the Circuit Court of Talladega. Tried before the Hon. G-eo. E. Brewer. Action by A. Y. Bowie against the New South Building & Loan Association to recover the statutory penalty for the failure on the part of the defendant, after request niade by the plaintiff, to enter on the margin of the record of a mortgage, partial payments made by the plaintiff. The facts are stated in the opinion. contended, that the statute is highly penal and should be strictly construed, citing, Grooms v. Hannon, 59 Ala. 512; Postal Tel. Go. v. Lenoir, 107 Ala. 640; Russell v. Trby, 13th Ala. 131; Bettis…
1Opinion of the CourtMcCLELLAN, C. J.
— This is an action by Bowie against the New South Building & Loan Association, to recover the penalty prescribed by section 1065 of the Code (§ 1868 of the Code of 1886) for a failure on the part of the defendant to enter alleged partial payments made by plaintiff upon a mortgage which he had executed to defendant on the margin of the record of said mortgage, request that such payments be so entered having, the complaint avers, been made. There are really but two questions in the case, viz: First, whether the payment of stipulated instalments of interest are partial payments on this…
2Cases cited3 opinions
- Loeb v. HuddlestonSupreme Court of Alabama · 1894
- Steiner & Bro. v. SnowSupreme Court of Alabama · 1885
- Jordan & Sons v. MannSupreme Court of Alabama · 1877
3Cited by4 opinions
- Lynn v. BeanSupreme Court of Alabama · 1904
- Southwestern Building & Loan Ass'n v. RoweSupreme Court of Alabama · 1899
- Brandon v. GarlandSupreme Court of Alabama · 1924
- Baty v. FosterSupreme Court of Alabama · 1931