Horton v. Barlow
Supreme Court of Alabama
Appeal from Conecuh Circuit’Court. Tried before Hon. J. M. Carmichael. This action was brought by the appellee against the appellant on September 1st, 1894, for the purpose of recovering the statutory penalty of $200.00, for the failure of the defendant to enter on the record thereof, satisfaction of a mortgage executed to him by the plaintiff.
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Appeal from Conecuh Circuit’Court. Tried before Hon. J. M. Carmichael. This action was brought by the appellee against the appellant on September 1st, 1894, for the purpose of recovering the statutory penalty of $200.00, for the failure of the defendant to enter on the record thereof, satisfaction of a mortgage executed to him by the plaintiff. The plaintiff, having first shown the mortgage in question to be in possession of the defendant, and demand for its production, offered in evidence the record of the probate court, showing a mortgage corresponding to that described in the complaint. It…
1Opinion of the CourtHead, J.
Debt by appellee, Barlow, against appellant, Horton, for the statutory penalty of $200, for defendant’s alleged failure, upon written request, to enter satisfaction of a mortgage, as required by section 1869 of the Code of 1886. The defendant objected to the introduction of the original record, from the office of the judge of probate of Conecuh county, of what purported, to be a mortgage executed by the plaintiff to the defendant, . on May 7th, 1887, filed and recorded May 10th, 188.7,. and. acknowledged, in..the form, prescribed by.the statute, on- the 8th- day of . November, 1887 — some six…
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