Southwestern Building & Loan Ass'n v. Acker
Supreme Court of Alabama
Appeal from tlie Circuit Court of Shelby. Tried before the Hon. John Pelham. This was an action brought by the appellee, J. H. Acker, against the appellant, the Southwestern Building & Loan Association. ' The complaint contained two counts.
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Appeal from tlie Circuit Court of Shelby. Tried before the Hon. John Pelham. This was an action brought by the appellee, J. H. Acker, against the appellant, the Southwestern Building & Loan Association. ' The complaint contained two counts. In the first count the plaintiff sought to recover the statutory penalty for the failure to mark on the margin of the record the satisfaction or payment in full of the deed of trust executed by the plaintiff to the defendant after written request therefor. The second count sought to recover the statutory penalty for failure to enter upon the margin of the…
1Opinion of the CourtMcCLELLAN, C. J.
Reaffirming the case of Southern Building & Loan Association v. Rowe, 125 Ala. 491, it must be held that the trial court erred in refusing to give the affirmative charge requested by defendant on the second count of the complaint. The request for the entry of partial payment on the margin of the record of the deed of trust executed to Johnston to secure a debt due the defendant was made to the defendant, the cestui que- trust in the conveyance, and its failure to comply therewith is the ground of complaint set forth in the second count. As was ruled in the case cited, section 10G5 of the Code…
2Cases cited1 opinion
- Southwestern Building & Loan Ass'n v. RoweSupreme Court of Alabama · 1899
3Cited by2 opinions
- Butler Cotton Oil Co. v. BrooksSupreme Court of Alabama · 1920
- Wilkerson v. SorsbySupreme Court of Alabama · 1918