FALLON v. HACKNEY

6 Div. 656.

130 So.2d 49 (1959)

Charles L. FALLON and Adelaide L. Fallon v. Elizabeth Logan HACKNEY.

Court of Appeals of Alabama.

Rehearing Denied November 24, 1959.

Affirmed on Mandate May 9, 1961.


Attorney(s) appearing for the Case

Norman E. Moon, McDonald & Moon, Birmingham, for appellants.

Burr, McKamy, Moore & Thomas and M. L. Taliaferro, Birmingham, for appellee.


PRICE, Judge.

This action was brought by plaintiffs against defendant, as the assignee of a mortgage, to recover the penalty provided by Section 179 of Title 47, Code 1940, for failure to enter the fact of satisfaction on the mortgage record.

The cause was first tried in the Intermediate Civil Court of Birmingham, on a stipulation as to the facts. On appeal to the circuit court the agreed statement of facts was refiled, and was amended to include additional...

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