137 Ala. 581 | Ala. | 1902
The appellants, J. M. Jowers and Effie A. Jowers, sued ’the defendants to recover a penalty under the statute, (Code, § 1066), for an alleged failure to enter satisfaction on the margin of the record by them as mortgagees of a mortgage executed to them by the; plaintiffs, after request in writing to do so; In Jarrett v. McCabe, 75 Ala. 325, it was said: “The statute giving the penalty is obviously penal in its nature, and must be strictly construed. It can not be extended by implication. ' The request to enter satisfaction must, for this .reason, be made by all tbe interested parties, by both of the. mortgagors, and not bygone; of them alone in his own name. This is the letter of the statute, and comports also’with its policy and spirit. The right to sue for .the penalty is a joint cine, given to both of the mort
Affirmed.