Williams v. Flowers
Supreme Court of Alabama
Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 18th May, 1889, by J. J. Flowers, against IT. C. Williams and R C. Nuckols; and sought to enforce a vendor’s lien on land, for a balance of the purchase-money unpaid, as evidenced by the defendants’ promissory note under seal for $2,500, which was payable to W. A. Handley, and assigned by him to the complainant.
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Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 18th May, 1889, by J. J. Flowers, against IT. C. Williams and R C. Nuckols; and sought to enforce a vendor’s lien on land, for a balance of the purchase-money unpaid, as evidenced by the defendants’ promissory note under seal for $2,500, which was payable to W. A. Handley, and assigned by him to the complainant. The note contained a waiver of exemptions, and a further stipulation that the makers “shall pay all costs for collecting the above, not less than ten per-cent., on…
1Opinion of the CourtOlopton, J.
A demurrer was interposed to so much of the bill as seeks to enforce the collection of solicitor’s fees under the following stiiiulation, contained in the note upon which the bill is founded: “It is further agreed, that the *137undersigned [makers] shall pay all costs for collecting the above, not less than ten per-cent., on failure to pay at maturity.” The special grounds of demurrer are, that the term, ucosts for collecting,” does not include solicitor’s fees for bringing the suit, and if it does, that the contract is usurious. In practice, costs and fees are different in their nature; costs…
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