125 Ala. 491 | Ala. | 1899
We all know, and if is not disputed, that penal -statutes, of the kind of the one in question, 'are to he Strictly construed, and cannot he aided by implication. The said section of the Code as -amended, mentions four classes of persons, who are put under a duty “to enter upon the margin of the record of the mortgage or 'deed of trust the date 'and amount of such partial payments or payment.” These are (1) “a mortgagee,” (2) “or the ■assignee or transferee of a debt secured hy mortgage,” (3) “or trustee * * of a deed of trust to secure a debt,” and (4) “or cestui que trust of a deed of trust to secure a debt.” It then mentions a second class of per-sons on whose demand the persons constituting the first
Reversed and remanded.