J. A. Fay & Egan Co. v. Southern Novelty Works
Alabama Court of Appeals
Appeal from Law and. Equity Court, Mobile County; Saffold Berney, Judge. Action by the Southern Novelty Works against J. A. Fay & Egan Company. From the judgment rendered, the defendant appeals.
1Per curiam
[1] While a request in writing to enter the fact of payment on the margin of the record of a mortgage or lien is essential to put in operation section 4900 of the Code, which provides a penalty against a lienholder for failing to enter such satisfaction after such request; yet the sine qua non of the cause of action is the failure of the lienholder to enter the fact of payment on the margin of the record. Code 1907, § 4900; Walker v. English, 106 Ala. 369, 17 South. 715; Ayres v. Craft, 128 Ala. 407, 29 South. 446.
The duty imposed by the statute on the lienholder is to enter upon the margin…
2Cases cited6 opinions
- Drennen Motor Car Co. v. EvansSupreme Court of Alabama · 1915
- Jones v. Fidelity Loan & Trust Co.South Dakota Supreme Court · 1895
- Partridge v. WilsonSupreme Court of Alabama · 1904
- Walker v. EnglishSupreme Court of Alabama · 1894
- Dittman Boot & Shoe Co. v. MixonSupreme Court of Alabama · 1897
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