§ 18-49-102 — Defense of payment or setoff

(a) In any action in a justice court or circuit court of this state in which it is attempted to foreclose any mortgage or deed of trust or to replevy, under a mortgage, deed of trust, or other instrument any personal property, the defendant in the action shall have the right to prove or show any payment or setoff under the mortgage, deed of trust, or other instrument. (b) Judgment shall be rendered for the property or the balance due thereon, and the defendant may pay the judgment for the balance due and costs within ten (10) days and satisfy the judgment and retain the property.

Legislative History

Acts 1901, No. 158, § 1, p. 303; C. & M. Dig., §§ 7410, 8654a; Pope's Dig., §§ 9468, 11388; A.S.A. 1947, § 51-1102.