Burton v. Phillips
Supreme Court of Alabama
Appeal from Walker Circuit Court. Heard before Hon. J. J. Kay. Action by C. W. Phillips and others against Adaline Burton for the penalty for a failure to satisfy a mortgage. From a judgment for plaintiffs’ defendant appeals. The first count in the complaint is for failure to enter partial payment on the margin of the record of the mortgage, and the second count, is for failure to enter full payment and satisfaction.
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Appeal from Walker Circuit Court. Heard before Hon. J. J. Kay. Action by C. W. Phillips and others against Adaline Burton for the penalty for a failure to satisfy a mortgage. From a judgment for plaintiffs’ defendant appeals. The first count in the complaint is for failure to enter partial payment on the margin of the record of the mortgage, and the second count, is for failure to enter full payment and satisfaction. C. W. Phillips, M. E. Phillips, and W. F. Wright signed the mortgage, which was for the purchase of certain lands. Two notes were executed, and the evidence tended to show that…
1Opinion of the CourtAnderson, J.
Counsel for appellant insist in their brief that the court erred in permitting the witness Hinsley to testify as to serving the written demand of the plaintiffs for a satisfaction of the mortgage and the entry of partial payment upon the defendant, because there was no proof that he was acting as agent of the plaintiffs when he served the demand on the defendant. The demand was in writing, signed by each of the plain tiffs. It was given him by one of the plaintiffs, and he returned the original after giving the copies to defendant. This was at least prima facie evidence that he was giving her…
2Cases cited5 opinions
- Humes v. O'Bryan & WashingtonSupreme Court of Alabama · 1883
- Hart v. KendallSupreme Court of Alabama · 1886
- McDonald v. CarnesSupreme Court of Alabama · 1890
- Camp v. DillSupreme Court of Alabama · 1855
- L. & E. Lamar v. SmithSupreme Court of Alabama · 1900
3Cited by2 opinions
- Robinson v. PulsCalifornia Supreme Court · 1946
- Robinson v. PulsCalifornia Supreme Court · 1946