Wilkerson v. Sorsby
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; John H. Miller, Judge. Suit by Hattie C. Wilkerson against J. Iv. Sorsby and others. Prom a judgment for defendants', plaintiff appeals. Hattie C. Wilkerson, formerly Hattie E. Cash, and her husband, John W. Cash, executed two mortgages in the year 1905 on certain real estate situated in Jefferson county to the King Lumber Company.
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Appeal from Circuit Court, Jefferson County; John H. Miller, Judge. Suit by Hattie C. Wilkerson against J. Iv. Sorsby and others. Prom a judgment for defendants', plaintiff appeals. Hattie C. Wilkerson, formerly Hattie E. Cash, and her husband, John W. Cash, executed two mortgages in the year 1905 on certain real estate situated in Jefferson county to the King Lumber Company. The husband, John W. Cash, died in January, 1906. Subsequently the widow, appellant héue, and lilaintiff in the court below, through appropriate proceedings in the probate court had the property embraced in said…
1Opinion of the CourtGardner, J.
Suit by the appellant for recovery of the statutory penalty provided by section 4898 of the Code of 1907 for the failure to mark “satisfied” the record of two certain mortgages executed by the plaintiff, who was formerly Hattie E. Cash, and her husband, John W. Cash, in the year 1905. The husband died in the year 1906. Requests for the satisfaction of the mortgages were given by said plaintiff in March, 1916. It was held in the court below that, as the undisputed evidence shows, there were two mortgagors, and the request for the satisfaction of the record was made by only one; therefore the…
2Cases cited8 opinions
- Grooms v. HannonSupreme Court of Alabama · 1877
- Jarratt v. McCabeSupreme Court of Alabama · 1883
- Smith v. Bank of EnterpriseSupreme Court of Alabama · 1906
- Mayhall v. WoodallSupreme Court of Alabama · 1915
- Jowers v. Brown Bros.Supreme Court of Alabama · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bright v. WynnSupreme Court of Alabama · 1923
- Butler Cotton Oil Co. v. BrooksSupreme Court of Alabama · 1920
- General Motors Acceptance Corporation v. CrumptonSupreme Court of Alabama · 1929
- International Harvester Co. v. SimpsonSupreme Court of Alabama · 1931
- Capps v. United States Bond & Mortgage Co.Court of Appeals for the Eighth Circuit · 1921
5 more not listed; retrieve them via the Exa API.