Lynn v. Bean
Supreme Court of Alabama
Appeal from the Circuit Court of Morgan. Tried before the Hon. Osceola Kyle. This action was brought by the appeelle, J. F. Bean, against the appellant, L. M. Lynn, and was instituted on March 15th, 1902. The complaint contained but one count, which was in words and figures as follows: “The plaintiff; claims of the defendant two' hundred dollars ($200.00) due from defendant to plaintiff, because defendant failed to enter on the margin of the record of a mortgage executed on…
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Appeal from the Circuit Court of Morgan. Tried before the Hon. Osceola Kyle. This action was brought by the appeelle, J. F. Bean, against the appellant, L. M. Lynn, and was instituted on March 15th, 1902. The complaint contained but one count, which was in words and figures as follows: “The plaintiff; claims of the defendant two' hundred dollars ($200.00) due from defendant to plaintiff, because defendant failed to enter on the margin of the record of a mortgage executed on April 11, 1900, by plaintiff to- defendant, which mortgage was recorded in the office of the Judge of Probate of Morgan…
1Opinion of the CourtHaralson, J.
1. There was no error .in overruling the demurrer to the complaint. No particular form of words is necessary to constitute a sufficient request to enter on the margin of the record of a mortgage a partial payment or payments on the mortgage. All that is necessary in such notice is, that the words used in the request are such, as shall reasonably inform the mortgagee that entry of payment is desired. If such be its reasonable wording, the mortgagee mast act upon it. The particular mortgage in question is identified by date; the amount of the payment made thereon is stated; the written request…
2Cases cited7 opinions
- Cleere v. CleereSupreme Court of Alabama · 1886
- Crass v. Scruggs & Co.Supreme Court of Alabama · 1896
- Steiner & Bro. v. SnowSupreme Court of Alabama · 1885
- Mobile & Kansas City Railroad v. OwenSupreme Court of Alabama · 1898
- Jordan & Sons v. MannSupreme Court of Alabama · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Dewberry v. Bank of Standing RockSupreme Court of Alabama · 1933
- W. L. Weller & Sons v. RensfordSupreme Court of Alabama · 1914
- Huntsville Knitting Mills v. ButnerSupreme Court of Alabama · 1917
- Commissioners Court v. State ex rel. Southern Ry. Co.Supreme Court of Alabama · 1906
- Equitable Life Assur. Soc. v. RobertsSupreme Court of Alabama · 1934
1 more not listed; retrieve them via the Exa API.