Barnett v. Wilson
Supreme Court of Alabama
Appeal from Geneva Circuit Court. Tried, before Hon. John P. Hubbard. Action by W. J. Wilson against W. W. Barnett for the statutory penalty under Code, § 10-66, for failure to mark a mortgage satisfied on the record. Prom a judgment for plaintiff defendant appeals. cited Home Protection of North Alabama v. Whid-den, 15 So. Eep. 567; 103 Ala. 203; S. B. & L. Asso. v. McCants, 120 Ala. 116; Kochs v. Briggs, 73 Am. Dec. 51; Moore v. Galhins, 29 Am.
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Appeal from Geneva Circuit Court. Tried, before Hon. John P. Hubbard. Action by W. J. Wilson against W. W. Barnett for the statutory penalty under Code, § 10-66, for failure to mark a mortgage satisfied on the record. Prom a judgment for plaintiff defendant appeals. cited Home Protection of North Alabama v. Whid-den, 15 So. Eep. 567; 103 Ala. 203; S. B. & L. Asso. v. McCants, 120 Ala. 116; Kochs v. Briggs, 73 Am. Dec. 51; Moore v. Galhins, 29 Am. St. Eep. 128; Grooms v. Hannon, 69 Ala. 510; Garrett v. McGabe, 75 Ala. 325; Scott v. Field, 75 Ala. 419; Chattanooga B. & L. Asso. v. Hchols, 27…
1Opinion of the CourtHaralson, J.
— 1. Before the trial the plaintiff gave the defendant notice to produce the notice given to him to mark the record of the mortgage satisfied. The defendant produced a written notice which he testified was the one he received from the plaintiff. It was addressed to defendant and requested him to go to the office of the judge of probate of the county and mark the note and mortgage given by him to defendant on the 17th February, 1897, payable on 1st September, thereafter, and recorded in mortgage book 13, page 52, satisfied on the margin of the record.
The plaintiff testified that this was not…
2Cases cited2 opinions
- Evansville, Paducah & Tennessee River Packet Co. v. SlaterSupreme Court of Alabama · 1893
- Childs v. StateSupreme Court of Alabama · 1877
3Cited by6 opinions
- Baker v. PattersonSupreme Court of Alabama · 1911
- Wolf v. Do ex dem. DelageSupreme Court of Alabama · 1907
- Byars v. JamesSupreme Court of Alabama · 1922
- Tumlin v. TumlinSupreme Court of Alabama · 1915
- Burton v. DangerfieldSupreme Court of Alabama · 1904
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