Ayres v. Craft
Supreme Court of Alabama
Appeal from tbe Circuit-C-ourt of Randolph. Tried before' tlic Hon. N. L>. Denson. ’ ■•The facts of the case are 'sufficiently stated : in the opinion. The statute tinder which this action is prosecuted must he 'strictly construed, and-cannot be, extended by implication. — Jar-re tlrv.
Read the full summary
Appeal from tbe Circuit-C-ourt of Randolph. Tried before' tlic Hon. N. L>. Denson. ’ ■•The facts of the case are 'sufficiently stated : in the opinion. The statute tinder which this action is prosecuted must he 'strictly construed, and-cannot be, extended by implication. — Jar-re tlrv. McCabe, 75 Ala. 325; Crooms v. Hannon,- 59 Ala. 510. The word partial, used in this statute, section 1065 of the Code of 1896, means less than -the whole.--See Webster’s Dictionary, Unabridged Edition, 1895, p. 1046. The only question for the Supreme Court to decide in this case - is whether or not the circuit…
1Opinion of the CourtMcCLELLAN, C. J.
Action of debt by Craft and .others against Ayres to recover the penalty prescribed by section 1065 of the Code for the failure of a mortgagee for. thirty days after request in writing so to .do to-enter on the margin of the record of the mortgage the- dates and amounts of partial payments he has-received on the debt secured by the mortgage. On the trial the evidence 'showed that plaintiffs had made partial payments to the defendant before requesting him. to enter partial payments on the margin of the record, and that “defendant for thirty-one or two days after said request was made failed to…
2Cited by2 opinions
- Young v. CampbellAlabama Court of Appeals · 1911
- J. A. Fay & Egan Co. v. Southern Novelty WorksAlabama Court of Appeals · 1917