Denton Bros. v. Foster
Supreme Court of Alabama
Appeal from Blount Circuit Court. Heard before Hon. J. E. Blackwood. Action by J. T. Foster against Denton Bros, to recover the penalty for failure to satisfy the record of a mortgage. Judgment for plaintiff, and defendants appeal. Transferred from the Court of Appeals under section 6, p. 449, Acts of 1911. The pleadings and the facts sufficiently appear from the opinion.
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Appeal from Blount Circuit Court. Heard before Hon. J. E. Blackwood. Action by J. T. Foster against Denton Bros, to recover the penalty for failure to satisfy the record of a mortgage. Judgment for plaintiff, and defendants appeal. Transferred from the Court of Appeals under section 6, p. 449, Acts of 1911. The pleadings and the facts sufficiently appear from the opinion. The following charge was given for plaintiff: (3)1 charge you that the mortgage in evidence does not cover and secure any doctor’s bill for services rendered since the execution of the said mortgage. The court also gave…
1Opinion of the CourtMcCLELLAN, J.
This action was instituted by the appellee against the appellants, composing a partnership, to recover the statutory penalty for their failure to enter the satisfaction of a chattel mortgage on the margin of the record thereon within the time prescribed, after notice. — Code, § 4898.
(1,2) The first count omitted to set forth the amount of the mortgage executed by the plaintiff to the firm, a blank space being left therefor. It is now insisted that because of the omission stated the count did not set forth a cause of action. It is not essential to the sufficient statement of a good cause of…
2Cases cited4 opinions
- Steiner & Bro. v. SnowSupreme Court of Alabama · 1885
- Williams v. BowdinSupreme Court of Alabama · 1880
- Johnson v. FrixSupreme Court of Alabama · 1912
- Horton v. BarlowSupreme Court of Alabama · 1895
3Cited by1 opinion
- Clark v. HendersonSupreme Court of Alabama · 1943