TENNECO OIL CO. v. CLEVENGER

Civ. 1499.

363 So.2d 316 (1978)

TENNECO OIL COMPANY, a corporation v. Willie F. CLEVENGER and Helen Ramsey Clevenger.

Court of Civil Appeals of Alabama.

Rehearing Denied October 18, 1978.


Attorney(s) appearing for the Case

Andrew W. Bolt, II of Wilson, Propst, Isom, Jackson, Bailey & Bolt, Anniston, for appellant.

Charles Thomason, Anniston, for appellees.


HOLMES, Judge.

The plaintiff-mortgagor brought suit against the defendant-mortgagee for the defendant's failure to satisfy a mortgage. A jury returned a verdict in favor of plaintiff. The amount of the verdict and resulting judgment was $2,750.

The defendant appeals, contending that the statutory penalty as provided by Code of Ala.1975, § 35-10-30, is the exclusive remedy available to the plaintiff and therefore the case is due to be reversed. We disagree...

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