Livingston v. Cudd
Supreme Court of Alabama
Appeal from the Circuit Court of Morgan. Tried before the Hon. H. C. Speake. Action by J. H. Livingston against J. J, Cudd to recover the statutory penalty for the failure of the defendant to enter on the record satisfaction of a mortgage executed to him by the plaintiff — the same having been discharged by payment of the mortgage debt.
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Appeal from the Circuit Court of Morgan. Tried before the Hon. H. C. Speake. Action by J. H. Livingston against J. J, Cudd to recover the statutory penalty for the failure of the defendant to enter on the record satisfaction of a mortgage executed to him by the plaintiff — the same having been discharged by payment of the mortgage debt. The defendant demurred on the ground that the complaint did not allege that the plaintiff still owned or had an interest in the property embraced in the mortgage. The demurrer Avas sustained. Plaintiff declining to amend judgment final ivas rendered on the…
1Opinion of the CourtHaralson, J.
— Before the amendment of the statute in respect to satisfying mortgages on the record, to its present form, the original section of the Code was, “Any mortgagee Avho has received satisfaction of the amount secured by such mortgage, must, if the same has been recorded, at the request of the mortgagor, enter satisfaction etc.” — Code 1876, § 2222.
*318As amended it provides that, “If a mortgage which is of record has been fully paid or satisfied, the mortgagee Or the transferee or assignee of the mortgage, who has received payment or satisfaction, must, on the request in writing of the mortgagor,…
2Cases cited3 opinions
- Scott v. FieldSupreme Court of Alabama · 1883
- Deeter v. CrossleySupreme Court of Iowa · 1868
- Gay, Hardie & Co. v. RogersSupreme Court of Alabama · 1895
3Cited by2 opinions
- Capps v. United States Bond & Mortgage Co.Court of Appeals for the Eighth Circuit · 1921
- Henderson v. Allis-Chalmers Manufacturing Co.Idaho Supreme Court · 1943