Jordan & Sons v. Mann
Supreme Court of Alabama
Appeal from the Circuit Court of Bullock. Tried before the Hon. H. D. Clayton. Action was brought by appellee against appellants for the recovery of the penalty of two hundred dollars, allowable to the party aggrieved under sections -2222, 2223, of the Code of 1876, for failure of mortgagee to enter satisfaction on the margin of the record when the mortgage debt has been paid.
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Appeal from the Circuit Court of Bullock. Tried before the Hon. H. D. Clayton. Action was brought by appellee against appellants for the recovery of the penalty of two hundred dollars, allowable to the party aggrieved under sections -2222, 2223, of the Code of 1876, for failure of mortgagee to enter satisfaction on the margin of the record when the mortgage debt has been paid. There is no dispute about the fact that the record had not been marked “satisfied,” but the question is, whether the defendant had been requested to enter such satisfaction. The plaintiff and his witnesses testified,…
1Opinion of the CourtBrickell, C. J.
The statute subjects a mortgagee, the mortgage debt having been paid, who fails for three months after request of the mortgagor, to enter satisfaction *597upon, the margin of the record of the mortgage, to a penalty of two hundred dollars, recoverable by the party aggrieved. Code of 1876, §§ 2222, 2223. The disputed question of fact in the present case was, whether the mortgagor had, after payment of the mortgage debt, requested the mortgagees to enter satisfaction on the record. The entry of satisfaction is a duty the statute casts on the mortgagee. He is not in default, and subjected to the…
2Cited by6 opinions
- Steiner & Bro. v. SnowSupreme Court of Alabama · 1885
- Partridge v. WilsonSupreme Court of Alabama · 1904
- Lynn v. BeanSupreme Court of Alabama · 1904
- Pickett v. FrostAlabama Court of Appeals · 1913
- New South Building & Loan Ass'n v. BowieSupreme Court of Alabama · 1898
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