Murphree v. Farmers' Sav. Bank
Alabama Court of Appeals
Appeal from Circuit Court, Blount County; J. B. Blackwood, Judge. Action by J. M. Murphree and another against the Farmers’ Savings Bank for a failure to enter satisfaction on the record of a mortgage executed by plaintiffs to defendant. Judgment for defendant, and plaintiffs appeal.
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Appeal from Circuit Court, Blount County; J. B. Blackwood, Judge. Action by J. M. Murphree and another against the Farmers’ Savings Bank for a failure to enter satisfaction on the record of a mortgage executed by plaintiffs to defendant. Judgment for defendant, and plaintiffs appeal. The testimony for plaintiff tended to show that the mortgage was paid by an order accompanied by a savings book account for $463, and the payment of some cash, and the surrender of the mortgage to plaintiff, marked paid, and the notice to marked the record satisfied. Testimony for defendant tended to show…
1Opinion of the CourtBrown, P. J.
[1,2] The institution of a suit within two months after request to enter satisfaction of record of a mortgage in which the fact of payment or satisfaction of the mortgage may be contested by the mortgagor, is a complete defense to an action to recover the statutory penalty provided for in section 4898 of the Code. Whether the issues presented by the bill in equity filed by the defendant against the plaintiff and others were broad enough to embrace the question of the payment or satisfaction of the mortgage here in question was one of fact dependent upon the averments of that bill. The bill…
2Cases cited6 opinions
- Warble v. Sulzberger Co. of AmericaSupreme Court of Alabama · 1914
- Alabama Terminal R. R. v. BennsSupreme Court of Alabama · 1914
- Southern Railway Co. v. Kendall & Co.Alabama Court of Appeals · 1915
- Jones v. WhiteSupreme Court of Alabama · 1914
- Bridgeforth v. StateAlabama Court of Appeals · 1917
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Harding v. Home Investment & Savings Co.Idaho Supreme Court · 1930
- Choctaw Bank v. GewinAlabama Court of Appeals · 1918
- First Nat. Life Ins. Co. of America v. SimpsonAlabama Court of Appeals · 1932