Johns v. Rollison
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court, Southern District; George W. Clark, Judge; The court erred in refusing to direct a verdict for appellant. The request for satisfaction cannot be made by one of two joint mortgagors alone. 27 Cyc. 1427. The statute is penal and calls for strict construction. Jones on Mortgages, vol. II, 7th Ed. sec. 990. Not only were the mortgagors joint, but also the appellees. The suit should have been brought by both mortgagors.
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Appeal from Arkansas Circuit Court, Southern District; George W. Clark, Judge; The court erred in refusing to direct a verdict for appellant. The request for satisfaction cannot be made by one of two joint mortgagors alone. 27 Cyc. 1427. The statute is penal and calls for strict construction. Jones on Mortgages, vol. II, 7th Ed. sec. 990. Not only were the mortgagors joint, but also the appellees. The suit should have been brought by both mortgagors. J ones on Mortgages, supra. The mortgager did not tender any fee for satisfaction of record. See J ones on Mortgages, supra. The verdict is…
1Opinion of the CourtHumphreys, J.
This suit was instituted by appellee against appellant to recover the statutory penalty for failure to satisfy a mortgage of record within sixty days after the payment thereof and notice to appellee to appellant to satisfy same. The substance of the pleadings upon which the issues in the case were joined are briefly set out in appellant’s abstract, and are as follows:
“Appellee filed his complaint in the circuit court of Arkansas County, Southern District, alleging that on April 9, 1919, he and one W. L. Bollison executed and delivered to appellant and one C. E. Corley a chattel mortgage to…
2Cited by4 opinions
- Barnett v. Bank of MalvernSupreme Court of Arkansas · 1928
- Webb v. AlexanderSupreme Court of Arkansas · 1938
- Adams v. McKay & Binns Investment Co.Supreme Court of Arkansas · 1922
- Dickinson v. ReederSupreme Court of Arkansas · 1920