Smith v. Bank of Enterprise

— The suit is brought to recover the statutory penalty for an alleged failure, upon demand in writing, to enter the fact of payment or satisfaction upon the-margin of the record of the mortgage described in the complaint within the time prescribed by the statute. To entitle plaintiff to recover it was necessary to show to the reasonable satisfaction of the jury that the mortgage had been fully paid. No matter how small the balance due, if anything whatever on account of the indebtedness or obligation secured by the mortgage remained unpaid, the mortgagor would not be entitled to have…