Royal Lumber Co. v. Elsberry
Supreme Court of Alabama
Appeal from Cleburne Circuit Court. Heard before Hon. A. H. Alston. Suit by W. L. Elsberry against the Royal Lumber Company, a partnership, to recover the statutory penalty for a failure to satisfy a mortgage of record. Judgment for plaintiff and defendant appeals.
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Appeal from Cleburne Circuit Court. Heard before Hon. A. H. Alston. Suit by W. L. Elsberry against the Royal Lumber Company, a partnership, to recover the statutory penalty for a failure to satisfy a mortgage of record. Judgment for plaintiff and defendant appeals. (Transferred from Court of Appeals.) Mr. Abney testified as follows: That he lived in Georgia, and that in 1909-10 had a transaction with the Royal Lumber Company with reference to the mortgage indebtedness of Mr. Elsberry. That the trade was made December 10, 1909. That he signed a note for Mr. Elsberry for $300 to take up the…
1Opinion of the Court
McCLELLAN, j.
Appellee instituted this action against the Royal Lumber Company, a corporation, to recover tbe penalty, prescribed in Code, § 4898, for tbe failure of tbe defendant to enter, on tbe margin of tbe record, tbe satisfaction of a certain mortgage, of date January 28, 1907, which plaintiff asserted bad been fully paid. During tbe taking of tbe testimony it was disclosed that tbe defendant was a firm composed of J. K. and F. H. Lichtenwalter. Thereupon, with ob*465vious propriety, the court permitted the plaintiff to amend the complaint so as to describe the defendant in its true…
2Cases cited5 opinions
- Loeb v. HuddlestonSupreme Court of Alabama · 1894
- Clem v. WiseSupreme Court of Alabama · 1901
- Johnson v. FrixSupreme Court of Alabama · 1912
- Partridge v. WilsonSupreme Court of Alabama · 1904
- Lynn v. BeanSupreme Court of Alabama · 1904
3Cited by1 opinion
- General Motors Acceptance Corporation v. HamlinAlabama Court of Appeals · 1933