Butler Cotton Oil Co. v. Brooks

McCLELLAN, j.

This is an action to recover the statutory penalty for failure, after-notice, to enter satisfaction of a mortgage on the margin of the record of the instrument. Code, § 4898. The former appeal is reported in 204 Ala. 195, 85 South. 778. •

The court, in its oral charge to the jury, distinctly limited the issues for the jury’s solution to the case averred in count 4, in consequence of which no prejudicial error resulted to appellant (defendant) from rulings on demurrers to counts 1, 2, and 3. That on the trial such was regarded as the effect of the court’s oral charge is further…