Hamaker v. Bynum
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before the. Hon. J. A. Bilbro. On the 10th day of April, 1899, the appellants, C. M. Hamaker and. W. T. Bennett, executed to the appellee, three chattel mortgages, each in the sum of $300, and due July 30, October 30, 3899, and January 10, 1900, respectively. On each of said mortgages payments were made near the date of maturity, leaving a balance, due on each of them.
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Appeal from the Circuit Court of Jackson. Tried before the. Hon. J. A. Bilbro. On the 10th day of April, 1899, the appellants, C. M. Hamaker and. W. T. Bennett, executed to the appellee, three chattel mortgages, each in the sum of $300, and due July 30, October 30, 3899, and January 10, 1900, respectively. On each of said mortgages payments were made near the date of maturity, leaving a balance, due on each of them. On the 30th day of July, 1800, the appellants instituted this suit to recover the penalty of $200 under section 1066 of the Code for the failure of the appellee to mark the record…
1Opinion of the CourtSharpe, J.
Section 1066 of-the Code provides for the recovery of a forfeiture when a mortgage “has been fully paid or satisfied,” and there is no suit in which the- fact of payment or .satisfaction can he tested and the mortgagee fails for two months after -written request to “enter the fact of payment or satisfaction on the margin of the record of the mortgage,” etc. This *394suit is sought to .he maintained upon' the proposition that a tender of the amount clue on a mortgage, made after breach of its condition, will if the money be brought into court along with the suit, operate as a satisfaction of the…
2Cases cited6 opinions
- Frank v. PickensSupreme Court of Alabama · 1881
- Grooms v. HannonSupreme Court of Alabama · 1877
- Jarratt v. McCabeSupreme Court of Alabama · 1883
- Maxwell v. MooreSupreme Court of Alabama · 1891
- Southwestern Building & Loan Ass'n v. RoweSupreme Court of Alabama · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Sellers & Co. v. Malone-Pilcher Co.Supreme Court of Alabama · 1907