Partridge v. Wilson
Supreme Court of Alabama
Appeal from tlie Circuit Court oí Clay County. Tried before the I-ion. A. IT. Alston. This action was brought by the appellant, A. M. Partridge, against the appellee, IT. A. Wilson, to recover statutory penalties, amounting to $400.00, for the failure of the defendant to enter satisfaction upon the margins of the record of two mortgages executed by the plaintiff to the defendant, after having been requested so to do in writing. The complaint contains three counts.
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Appeal from tlie Circuit Court oí Clay County. Tried before the I-ion. A. IT. Alston. This action was brought by the appellant, A. M. Partridge, against the appellee, IT. A. Wilson, to recover statutory penalties, amounting to $400.00, for the failure of the defendant to enter satisfaction upon the margins of the record of two mortgages executed by the plaintiff to the defendant, after having been requested so to do in writing. The complaint contains three counts. The first count was in words and figures as follows: 1. “Tlie plaintiff claims of the defendant the sum of two hundred dollars,…
1Opinion of the CourtTyson, J.
It is entirely permissible to join counts for separate and distinct causes of actions to recover penalties under section 1066 of the Code of 1896. — Hoffman v. Knight, 127 Ala. 149.
The writlen request given by the mortgagor, as set out in the-first and second counts of the complaint is in this language: “You will please cancel all mortgages against me on the record, at once.”
The prime question presented by the demurrer to these two counts is whether this request is sufficient to impose the duty on mortgagee of entering “the fact of payment or satisfaction on the margin of the record of the…
2Cases cited7 opinions
- Steiner & Bro. v. SnowSupreme Court of Alabama · 1885
- Williams v. BowdinSupreme Court of Alabama · 1880
- Dothan Guano Co. v. WardSupreme Court of Alabama · 1902
- Chattanooga National Building & Loan Ass'n v. EcholsSupreme Court of Alabama · 1899
- Jordan & Sons v. MannSupreme Court of Alabama · 1877
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3Cited by7 opinions
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- Royal Lumber Co. v. ElsberrySupreme Court of Alabama · 1913
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