Warren v. Lawson

• Decision Date: 11 January 1898
• Citation: 117 Ala. 339,23 So. 65
• Parties: WARREN ET AL. v. LAWSON. [1]
• Court: Alabama Supreme Court

23 So. 65

117 Ala. 339

WARREN ET AL. v. LAWSON. ^[1]

Supreme Court of Alabama

January 11, 1898

Appeal from city court of Montgomery; John G. Winter, Judge.

Bill by W. H. Lawson against J. R. Warren and others. Exceptions to register's report in favor of complainant were overruled and respondents appeal. Affirmed.

Thos H. Watts, for appellants.

Tompkins & Troy, for appellee.

HEAD J.

The bill was filed by Lawson against Warren and others to establish the payment and satisfaction of certain mortgages executed by him to secure the purchase money of certain lands, and the farm stock and certain supplies thereon purchased by Lawson from Warren; or to redeem, if it should be found that any part of the indebtedness remained unpaid. Under decree, an account was stated by the register involving many items and transactions between the parties, which ascertained a balance of $2.20 only against the complainant and the register's report was confirmed by the chancellor, the exceptions filed thereto by the respondents being overruled. The case comes before us from that ruling.

The controversy had its origin in the sale by Warren to Lawson the complainant, in 1875, of certain interests in real and personal property, at the price of $4,500, for which three notes were given, maturing, respectively, in December, 1875, 1876, and 1877. One of the notes and a part of another being paid, on December 30, 1880, a deed was executed to Lawson, and new notes given by him to Warren for something over $4,700, the amount supposed to be the balance then due, with a mortgage on the property to secure them. The parties, however, are in dispute as to whether this sum did not include an outside account for over $200 contracted by Lawson with Warren. It is charged that usury entered into these notes. The notes were discounted by Warren with banks, and sundry payments were afterwards made thereon. In January, 1881, Lawson desired to obtain advances from Warren to enable him to carry on his farming operations for that year, and to that end he executed to Warren his note for $6,000, reciting that it was given for such advances, but which, as the parties agree in their testimony, was really given to cover the balance due on the land notes, as well as the advances to be made. The parties are in dispute as to the amount of advances agreed to be made. This $6,000 note was secured by a mortgage on the crops for that year and 19 mules and other personal property. Large advances were made during the year, composed of many transactions, and numerous payments were made. There was some machinery of some kind on Lawson's place, upon which Lehman, Durr 7 Co. held a mortgage, which they foreclosed in 1881, and Warren paid to them $539.75, the amount due on their mortgage debt, and charged same to Lawson, claiming that the payment was made at Lawson's request, and as an advance under the $6,000 mortgage; while, on the contrary, Lawson claims that Warren purchased the machinery, at the mortgage sale, on his own account, and that it became his property, and that the amount paid was no proper charge against him. Their testimony is in conflict on this point. In the fall of 1881, Warren, who, it seems, was carrying on mercantile business, of some unexplained character, on his own account, but under the firm name of Warren & Co., took one Amerine in partnership with him, and thereafter the business was conducted by that partnership, under the same name. Advances were made to Lawson in 1882, and, as claimed by Warren, for each year up to 1887, while Lawson claims that for some of the years the advances were made to his tenants, and not to him, or on his account. He (Lawson) became a clerk for the firm, in 1883, on a salary, and continued as such for several years. There were charges and counter charges, covering many items of debit and credit, for advances claimed to have been made to Lawson, and payments made by him and by his tenants, in various ways. The mules included in the $6,000 mortgage were in December, 1882, taken by Warren at an agreed price of $1,700, and there is dispute as to the application of this money, and conflicting testimony in regard to it. There is decided conflict as to how large sums, located by the bookkeeper of Warren & Co., at the request of Lawson, from his tenants, in the winter of 1884-85, while Lawson was engaged in his public duties as a member of the legislature, and which were credited generally to...