Brownlow v. W.T. Harrison, Inc.

• Decision Date: 09 July 1931
• Parties: BROWNLOW et ux. v. W. T. HARRISON, Inc., et al.
• Court: Florida Supreme Court

135 So. 848

102 Fla. 446

BROWNLOW et ux. v. W. T. HARRISON, Inc., et al.

Florida Supreme Court, Division A.

July 9, 1931

Suit by W. T. Harrison, Inc., and others against J. B. Brownlow and wife. Judgment for complainants, and defendants appeal.

Affirmed. Appeal from Circuit Court, Pinellas County John U. Bird, judge.

COUNSEL

Jones &amp White, of Clearwater, for appellants.

Joseph W. Nichols and T. Hagood Gooding, both of Clearwater, for appellees.

OPINION

BUFORD C.J.

The appellants were defendants in the court below, and the appellees were complainants in the court below.

George Moore, Maude C. Kibben, and W. T. Harrison, Inc., were the owners of a certain 20-acre tract of land, each owning an undivided one-third interest therein. W. T. Harrison, Inc. conveyed to Brownlow its undivided one-third interest in the land and George Moore and Maude C. Kibben, joined by her husband, Edward Kibben, conveyed their undivided two-thirds interests in the land to the said Brownlow. The two conveyances were in one trade or transaction. Prior to that time one W. T. Harrison, who afterwards conveyed his interest in the land to W. T. Harrison, Inc., George Moore, and Maude C. Kibben were indebted to Brownlow in the sum of $9,005, which indebtedness was evidenced by six promissory notes dated the 4th day of October, 1924. One note was for $2,000 due on or before one year from date; one note was for $1,000 due on or before one year from date; one note was for $1,000 due on or before two years from date; one note was for $2,000 due on or before two years from date; and one note was for $1,000 due on October 4, 1927; and one note was for $2,005 due on or before three years after date. To secure the payment of these notes they had mortgaged the N.E. 1/4 of the N.E. 1/4 of section 28, township 28 south, range 16 east, which included the 20 acres above referred to, the same being the west half of the tract last above described.

W. T. Harrison, joined by his wife, conveyed the undivided one-third interest belonging to W. T. Harrison to W. T. Harrison, Inc., and as a part of the consideration of the lastnamed conveyance W. T. Harrison, Inc., assumed and agreed to pay the mortgage debt. Prior to the 21st day of June, 1927, the mortgagors paid to Brownlow the note for $2,000 due one year from date, the note for $1,000 due one year from date, the note for $1,000 due two years from date with interest thereon, and had paid $1,000 on the principal and $320 interest on the note for $2,000 due on or before two years from date, and had paid the interest on the note for $2,005 up to October 4, 1925, and had paid the interest to October 4, 1926, on the $1,000 note due on or before October 4, 1927. On June 21, 1927, there was a balance due on the original obligation in the sum of $4,005, with interest from the dates above mentioned. Brownlow then repurchased the 20 acres of land above referred to from Moore, Kibben, and W. T. Harrison, Inc., and in consideration therefor agreed to pay the vendors a sum equal to the principal and interest due on the notes aforesaid and in lieu of paying cash, to cancel the notes then unpaid and to cancel and satisfy the mortgage. Brownlow, in pursuance of this agreement, executed and delivered a satisfaction in full of the mortgage, which was placed upon record, and returned to Moore, Kibben, and W. T. Harrison, Inc., the note for $2,000 due on or before two years after date, on which $1,000 had been paid, and the note for $2,005 due on or before three years after date, but did not return the note for $1,000 due on or before October 4, 1927, although he then and there distinctly promised to do so without delay, nor did he pay the balance of $1,000 as represented by such note.

It developed that Brownlow had theretofore indorsed and delivered the $1,000 note to his daughter, Sue Brownlow. She afterwards married one Hayes, and she, joined by her husband, about the 29th day of December, 1928, filed suit against W. T. Harrison and George Moore on the note for the principal and interest thereon. Judgment was recovered by plaintiffs in that suit.

It is shown that Brownlow had indorsed and delivered the note to his daughter before he purchased the 20 acres of land from Moore, Kibben, and W. T....