Terrell v. Kay

ANDERSON, Chief Justice.

This is an action for the statutory penalty for the failure, after demand, to satisfy a mortgage upon the record within the time prescribed by law upon the theory that the same had been paid and satisfied (Code 1923, § 9024).

It is undisputed that the clerk or agent of the defendant received payment of the mortgage debt, receipted for same, and surrendered to the 'plaintiff the note and mortgage. It is insisted by the appellee that the payment did not include certain accrued interest, the tax, and record fee, and that the clerk had no authority to accept the sum he did…