Cudd v. Bentley
Supreme Court of Alabama
Appeal from Circuit Court, Morgan County; Horace C. Wilkerson, Judge. Action by E. P. Bentley and another against J. J. Cudd. Erom judgment for plaintiffs, defendant appeals.
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Appeal from Circuit Court, Morgan County; Horace C. Wilkerson, Judge. Action by E. P. Bentley and another against J. J. Cudd. Erom judgment for plaintiffs, defendant appeals. Appellees E. P. Bentley and J. R. Bentley brought this suit against the appellant to recover the statutory penalty for the failure to mark satisfied a personal property mortgage of record in Morgan county, Ala., executed by appellees to appellant in 1913. J. R. Bentley was the surety of his son E. P. Bentley on said mortgage. Plaintiff insisted the mortgage was paid in December, 1916. This suit was brought June 30, 1919.…
1Opinion of the CourtGardner, J.
Suit by appellees against appellant to recover the statutory penalty for failure to enter satisfaction on the margin of the record of a mortgage on personal property under section 4898, Code 1907. The notice requesting satisfaction bears date June 2, 1917; the suit being brought in June, 1919.
If the date upon the notice is correct, the defendant was entitled to a verdict upon his plea of the statute of limitations, and this is the question of prime importance upon this appeal, as it is most strenuously insisted that the trial court erred in refusing to grant the motion for a new trial upon…
2Cases cited1 opinion
- Southern Railway Co. v. GradySupreme Court of Alabama · 1915
3Cited by6 opinions
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- Birmingham Electric Co. v. GuessSupreme Court of Alabama · 1930
- Great Atlantic & Pacific Tea Co. v. DonaldsonAlabama Court of Appeals · 1934
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