Tenneco Oil Co. v. Clevenger

The plaintiff-mortgagor brought suit against the defendant-mortgagee for the defendant's failure to satisfy a mortgage. A jury returned a verdict in favor of plaintiff. The amount of the verdict and resulting judgment was $2,750.

The defendant appeals, contending that the statutory penalty as provided by Code of Ala. 1975, § 35-10-30, is the exclusive remedy available to the plaintiff and therefore the case is due to be reversed. We disagree and affirm.

The plaintiff's complaint alleges that the plaintiff executed a promissory note and mortgage to the defendant; that the note was paid and…