FALLON v. HACKNEY

6 Div. 518.

130 So.2d 52 (1961)

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

Supreme Court of Alabama.

March 23, 1961.


Attorney(s) appearing for the Case

Mark L. Taliaferro, C. V. Stelzenmuller and Burr, McKamy, Moore & Thomas, Birmingham, for petitioners.

McDonald & Moon, Birmingham, opposed.


PER CURIAM.

Plaintiffs sued to recover the penalty imposed by § 179, Title 47, Code 1940, on a party therein named who, for thirty days after request in writing, fails to enter the fact of payment or satisfaction on the margin of the record of a mortgage. The case was tried in the circuit court without a jury, on an agreed statement of facts, and judgment was rendered for defendant. On appeal, the Court of Appeals reversed and rendered judgment for the plaintiffs...

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