Clark v. Wright, Henderson & Rainer
Supreme Court of Alabama
Appeal from the Circuit Court of Crenshaw;. Tried before the Hon. J. W. Foster. This was an action brought by the appellant, J. W. Clark, against the appellees, Wright, Henderson & Rainer, to recover the statutory penalty of two hundred dollars, for the failure of the defendants to enter upon the margin of the record, the payment of a mortgage made by the plaintiff to the defendants. The cause was tried on issue joined on the plea of the general issue.
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Appeal from the Circuit Court of Crenshaw;. Tried before the Hon. J. W. Foster. This was an action brought by the appellant, J. W. Clark, against the appellees, Wright, Henderson & Rainer, to recover the statutory penalty of two hundred dollars, for the failure of the defendants to enter upon the margin of the record, the payment of a mortgage made by the plaintiff to the defendants. The cause was tried on issue joined on the plea of the general issue. The plaintiff introduced in evidence a mortgage, which was given by him to the defendants, and proved that said mortgage had been paid. After…
1Opinion of the CourtTyson, J.
The statute requires a mortgagee whose mortgage has been fully paid or satisfied, Avhen the mortgage is of record, on request in writing of the mortgagor, to "enter the fact of payment or satisfaction on the margin of the record of the mortgage. If he fails for two months after such request to make such entry, he forfeits to the mortgagor two hundred dollars, unless there is pending or there, is instituted a suit within that time in Avhich the fact of payment or satisfaction is or may be contested. — Code, § 1066.
It has been repeatedly decided that no particular form of words is necessary to…
2Cases cited2 opinions
- Steiner & Bro. v. SnowSupreme Court of Alabama · 1885
- Perryman & Co. v. SmithSupreme Court of Alabama · 1894
3Cited by4 opinions
- International Harvester Co. v. SimpsonSupreme Court of Alabama · 1931
- Henderson v. WilsonSupreme Court of Alabama · 1903
- Martin v. WalkerSupreme Court of Alabama · 1916
- Potts v. EllisSupreme Court of Alabama · 1939