Legal Opinion

J. A. Fay & Egan Co. v. Southern Novelty Works

Alabama Court of Appeals

Decided May 15, 1917No. 1 Div. 178Published

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

  1. Drennen Motor Car Co. v. EvansSupreme Court of Alabama · 1915
  2. Jones v. Fidelity Loan & Trust Co.South Dakota Supreme Court · 1895
  3. Partridge v. WilsonSupreme Court of Alabama · 1904
  4. Walker v. EnglishSupreme Court of Alabama · 1894
  5. Dittman Boot & Shoe Co. v. MixonSupreme Court of Alabama · 1897

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