Adams v. Davidson

• Decision Date: 22 April 1915
• Docket Number: 579
• Parties: ADAMS et al. v. DAVIDSON.
• Court: Alabama Supreme Court

68 So. 267

192 Ala. 200

ADAMS et al. v. DAVIDSON.

No. 579

Supreme Court of Alabama

April 22, 1915

Appeal from Chancery Court, Wilcox County; Thomas H. Smith Chancellor.

Suit by Lillie M. Davidson against J.T. Adams and J.G. Donald and others. Judgment for complainant, and respondents appeal. Affirmed as to the respondent Donald, reversed as to the other respondents, and complaint dismissed as to them, and cause remanded.

The bill alleges that complainant and one Pauline Adams were joint owners to the extent of a half interest of a life estate in and to certain lands described in the bill; that respondent J.T. Adams, the husband of Pauline Adams, acts as her agent in the transaction of business; that the above lands were rented to Tom Andrews, for part of which he was to pay $350 per year rent under a ten-year lease since 1907; the other part he was to pay 16 bales of cotton per year rent under a five-year lease beginning with 1912; that other parts of the land were rented by Harris for $40 per year, and another part of the lands was rented by J.C. Harper and J.T Adams, both of whom are respondents, for the sum of $310 per year; that in March, 1912, complainant's husband, Paul Davidson, left his home and family, and has never returned and his whereabouts are still unknown; that soon after his departure J.T. Adams, who is her said husband's brother-in-law, made known to complainant that her husband was short in his account with the Bank of Pine Apple, of which bank he had been cashier, in a large sum of money, to wit $1,700; and that he was also indebted to respondent Dr J.G. Donald in the sum of $1,200. Adams informed complainant that said indebtedness must be paid, and that he could arrange the matter with the bank if she would secure him by executing to him a transfer of the rents above set out, but later informed her that he could not arrange the matter without the assistance of Donald, and that Donald would not come to his assistance unless complainant would agree to lease the said Donald a part of the rents of said lands to secure the debts due him by complainant's husband. It is alleged that complainant was inexperienced in business matters, did not know her liability in the premises, relied on the representations of Adams and Donald, and did execute to Donald a note releasing all claim on rent notes held by Dr. Donald for rent of the lands for the years 1912-13, and also executed to Adams a note, and as security a release on all the incomes, rents, and profits that may arise from the land above described until the note, with interest, is fully paid; that Adams, again representing that more than $1,000 was yet due the Bank of Pine Apple by her said husband induced her to sign some deed the nature of which she does not know, and has not been able to ascertain, but believes it to be a deed or conveyance of her dower interest in certain other lands owned by her husband. The conveyances are alleged to be without consideration, and that both the parties to whom they were made were interested in the Bank of Pine Apple as large stockholders and as officers. It is further alleged that the Bank of Pine Apple had an attachment against her husband with the levy upon certain lands, and his interest therein sold to satisfy the debt due from Paul Davidson to the bank ascertained to be in the sum of $2,317.98, and it is averred on information and belief that the debt due from her husband to said bank was thereby satisfied. and should have been canceled. The bill makes J.G. Donald, Pauline Adams, Tom Andrews, J.C. Harper, Sam Harris, and the Bank of Pine Apple respondents also.

The demurrers were that the bill was multifarious; that there was a misjoinder of parties respondent, because it prays for an accounting against the Bank of Pine Apple with which the other respondents are not concerned;...