Spottswood v. Bentley

• Court: Alabama Supreme Court
• Writing for the Court: HARALSON, J.
• Citation: Spottswood v. Bentley, 30 So. 493, 130 Ala. 310 (Ala. 1901)
• Decision Date: 14 June 1901
• Parties: SPOTTSWOOD v. BENTLEY.

30 So. 493

130 Ala. 310

SPOTTSWOOD v. BENTLEY.

Supreme Court of Alabama

June 14, 1901

Appeal from circuit court, Madison county; H. C. Speake, Judge.

Action by Martha A. Spottswood against A. J. Bentley to recover for money had and received. Judgment for defendant, and plaintiff appeals. Affirmed.

The evidence showed the following facts: During the second year of the Civil War, certain growing crops of the plaintiff, or grown on her land, were destroyed by the Federal army. Several years after the close of the war, her husband, Edwin Spottswood, acting as her agent, had a conversation with Bartley Harris, colored, now deceased, but formerly a slave belonging to plaintiff, and in said conversation it was agreed that a claim for this property was to be put in against the United States by and in the name of Bartley Harris, and whatever was realized therefrom was to be equally divided between Harris and plaintiff. The claim was put in in Bartley Harris' name and was allowed after Harris' death; $1,020 being paid thereof, of which Harris' attorneys received $510, and $510 was paid to A. J. Bentley who was administrator of Harris' estate. Bentley was notified by plaintiff, Mrs. Spottswood, and her son, of plaintiff's share, interest in, or claim upon one-half of this money, before he was appointed administrator and afterwards. He collected it as administrator. After the claim was allowed, and before it was paid, the government, hearing that plaintiff claimed an interest in it, had the matter investigated. On this investigation Mrs. Spottswood testified to her agreement with Bartley Harris, the same as that agreement is shown by her evidence in this case. Thereafter the government paid the money. Bartley Harris often, after the agreement was made with Edwin Spottswood, admitted having made the agreement,-such admissions being made both to Mrs Spottswood and her son,-and always promised that if he ever got anything she should receive half of it. This suit was brought to recover half of the $510 paid to Bentley as administrator, namely, $255.

Humes Sheffey & Speake, for appellant.

R. W Walker, for appellee.

HARALSON J.

The evidence discloses an agreement between the plaintiff and one Bartley Harris, a slave who belonged to her prior to and during the Civil War, and of whose estate the defendant, who is sued individually, was the administrator; under which agreement said Bartley Harris, who had no interest, was to put in a claim,-the war having ended,-against the government of the United States, for corn which belonged to plaintiff, and was taken away and destroyed by the Federal forces during the war. The agreement as shown was, that said Bartley should make the claim in his own name, and if anything was gotten on it, it was to be equally divided between said Bartley and plaintiff, each to receive half of what was realized. The claim, under this agreement, made by said Bartley was for $1,020, represented by attorneys, who successfully prosecuted it, and the same was paid to them in full, one-half of which they retained as fees, paying the other half,-$510,-to defendant as administrator of said Bartley, who died before the claim was allowed and paid.

No claim was made by the plaintiff and her husband, because, as she testified: "We thought it would be a hindrance to Bartley in getting it. They [the Federal authorities] were so much more in...