Hembree v. Glover

• Decision Date: 18 December 1890
• Citation: Hembree v. Glover, 8 So. 660, 93 Ala. 622 (Ala. 1890)
• Parties: HEMBREE v. GLOVER.
• Court: Alabama Supreme Court

8 So. 660

93 Ala. 622

HEMBREE v. GLOVER.

Supreme Court of Alabama

December 18, 1890

Appeal from chancery court, Jackson county; THOMAS COBBS, Judge.

The bill in this case was filed by the appellant, Louisa Hembree against the appellee, William C. Glover, and sought to have a vendor's lien fastened upon and enforced on certain lands specifically described in the bill, and which were alleged to have been purchased from the complainant by the respondent. The bill averred that the lands in controversy were purchased by respondent from the complainant, the purchaser giving his note for part of the purchase money, and agreeing to pay off certain incumbrances then upon the land as the other portion of the purchase money. The bill is filed to enforce the payment of the note so given. The respondent answered, and his testimony tended to prove, that, under the agreement entered into between him and B. F. Hembree, husband and agent for complainant, he had paid the full amount of the judgment rendered against him in favor of Kahn & Wolf, except the costs, and he had obligated himself to pay said costs, and had suffered judgment to be entered up against him for them and that, under an agreement with said B. F. Hembree, he was to be credited on the note by the amount of costs paid by him, but the said costs had not yet been paid. On a final hearing upon the pleadings and proof the chancellor decreed that the complainant was entitled "to enforce the lien of a vendor on her said note, subject, however, to a credit of the costs in the circuit court set up in the answer against the complainant." The complainant now appeals and assigns this decree as error. There were many exceptions to depositions offered in evidence; but, as the court does not refer to them, it is not deemed necessary to set out the facts relating thereto.

J. B. Ashley and W. L. Martin, for appellant.

Brown & Kirk and Watts & Son, for appellee.

MCCLELLAN J.

From all the evidence in this case, we feel fully justified in the conclusion that B. F. Hembree acted throughout the transaction here involved as the agent of the appellant Louisa Hembree. So considered, the agreement made by him, as shown in the testimony of Coulson, to the effect "that Glover was to pay the costs of the suit of Kahn & Wolf and others v. B. F. Hembree and Louisa Hembree, out of the money that Glover was to pay" for the land which he had purchased from Louisa Hembree in...