Garner v. Prewitt
Supreme Court of Alabama
[BILL IN EQUITY FOR SETTLEMENT OF PARTNERSHIP.] Appeal from the Chancery Court of Eranklin. Heard before the lion. A. J. Walkee. This bill was filed by John Prewitt and Richard Prew-itt, the appellees, against Argy L. Garner, and sought a settlement of partnership accounts relating to a plantation and slaves, which the three parties had bought- as partners, a division of the property, &e.
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[BILL IN EQUITY FOR SETTLEMENT OF PARTNERSHIP.] Appeal from the Chancery Court of Eranklin. Heard before the lion. A. J. Walkee. This bill was filed by John Prewitt and Richard Prew-itt, the appellees, against Argy L. Garner, and sought a settlement of partnership accounts relating to a plantation and slaves, which the three parties had bought- as partners, a division of the property, &e. The defendant, in his answer, admitted the existence of the partnership, and averred his willingness to enter into a settlement. The plantation and negroes were bought on a credit; the defendant was the…
1Opinion of the CourtWalker, J.
In the decree of 3d November, 1854, it was referred to the register, to ascertain the amount of the annual expenditures on account of the partnership plantation, and also to ascertain the amount annually paid for rope and bagging for the partnership plantation. It is not determined, either in that, or in any previous order, whether or not Garner would be credited with those two items. It is altogether probable that he would be so credited, but it was not judicially determined. The equity of the parties as to two matters was thus left open and undecided. Is that a final decree, which thus…
2Cases cited30 opinions
- Cannon v. HemphillTexas Supreme Court · 1851
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3Cited by36 opinions
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