Farmers' & Merchants' Bank v. Hollind
Supreme Court of Alabama
Appeal from Circuit Court, Blount County; W. W. Haralson, Judge. Action by ,Jess E. Hollind against tbe Farmers’ & Merchants’ Bank for tbe statutory penalty for failure to mark satisfied tbe record of a mortgage. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under section 6, p. 449, Acts 1911. The facts sufficiently appear.
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Appeal from Circuit Court, Blount County; W. W. Haralson, Judge. Action by ,Jess E. Hollind against tbe Farmers’ & Merchants’ Bank for tbe statutory penalty for failure to mark satisfied tbe record of a mortgage. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under section 6, p. 449, Acts 1911. The facts sufficiently appear. The following is charge A given at the request of plaintiff: The court charges the jury that if you believe from the evidence that Mrs. Jess E. Hollind gave the original notice of the copy which is in evidence to IX K. Searcy, on…
1Opinion of the Court
ANDERSON, O. J.
The only error insisted upon in the argument of appellant’s counsel • was the giving of charge A' at thp request of the plaintiff. Appellant does not controvert the existence of all elements that would entitle plaintiff to recover, if such a request was made upon the defendant to satisfy the mortgage as is required by the statute. Section 4S98 of the Code of 1907. Nor is the sufficiency'of the request questioned, if properly made and served upon the defendant. The contention being that the mere delivery to the defendant’s cashier, Searcy, of the envelope containing the written…
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