The morning news. [volume] (Savannah, Ga.) 1887-1900, 1888-01-26
EIGHTY THOUSAND IN IT.
THE FAMOUS LAMAR MORTGAGE
CASE IN COURT.


The Grounds for thA suit-Lawyers
Attempt to Show How Man Bought
His Own Debt-History OF the Case,
and How it Started.
The famous equity cause Of II. c. and F.
c. Jones, administrators Of G. b. Lamar,
complainants, VS.. Mrs. Caroline A. Lamar,
administrators Of {. A. Lamar, and the
heirs of c. A. Lamar, defendants came up
for trial in the United States Circuit Court
yesterday.
The complainants are seeking to fore
close a mortgage for $4,000 and interest
made in 1873 by Mrs Caroline A. Lamar,
deceased, to the Bank of the Republic of
New York, which mortgage was trans
ferred to G. B. Lamar before his death.
The transactions leading up to the suit
were commenced during and perhaps before
the war. G. B. Lamar mortgaged certain
real estate in Savannah to secure debt.
Afterwards before the mortgage was re
corded, he sold the estate to his son, c. A.
Lamar, for 100000
GROUND FOR THE SUIT.
After the latter5 DEATH his
Administrative raised the point
that the mortgage was not good against the
property IN the hands of c. A. Lamar, be
cause he bought without notice OF 1t. u b.
Lamar and the bank then brought suit in the
Superior Court to foreclOse the mortgage, al
leging that c. A. Lamar did have notice OF
the mortgage when he bought the property.
The suit was compromised and a decree Of
the court was entered upon it, providing
that Mrs. Carolina A. Lamar, as admins
tratrix, should give "A new bond and mort
gage to the bank for 5000, the amount
due on the DEBT at that time, and that the
old mortgage made by Il. B. Lamar be can
celed, that G. b. Lamar should give
credit of $4,000 TO c. a. Lamar
on the account which the former had alleged
in his bill was due him from the latter, and
that the real estate should forever be free
from any of the then existing Indebtedness
of the estate of C. A. Lamar. Mrs. Lamar,
as administrators, executed the bond and
mortgage.
THE DEBT STILL EXISTS
The compliments allege that the $4,000
credit did not extnguish the Indebtedness
of c. A. Lamar TO G. b. Lamar, that the
former owed the latter a very large amount
growing out of losses in guano transactions
in which they were engaged. Mrs. Lamar
continued to pay interest on the mortgage to
I the bank for some time but IN her
President of the Bank of the Republic com
planned bitterly Of the great weight which
rested upon her mind with this large mort
gage covering all the property Of herself
and children. In reply to one of her letters
q. b. Lamar stated that he was about to
collect very large sum of money from the
United States government in which c. A.
Lamar was largely interested, and when
collected he would pay off the mortgage
70 hank ont Of IatnaIs mart
if he had no money of his own
to pay it with. Afterward G. B. Lamar
! did collect the money from the government
but never accounted to Mrs Lamar for it,
and the compliments allege that the money
collected was not sufficient to pay off the
balance of the old debt due by c. A. Lamar
to G. b. Lamar.
100000 FROM THE GOVERNMENT.
! On the other hand the defendants allege
| that G. A. Lamar'S part of the money col
| lected from the government was over 5000
| 600, and more than sufficient to pay off the
| old debt due on the guano transactions.
While having this money in hand G. b.
Lamar paid off, as the claimants allege, with
| his own money, the mortgage made by Mrs
! Lamar as administrators to the bank. and
| had the same assigned and transferred to
him. Some time afterward G. B. Lamar
| died. His administrators are now seeking
| TO IOfeclOse une mortgage, claiming UndU IT,
B. Lamar. when he paid off the mortgage
to the bank and took a transfer of it to
| himself was subrOgated to the rights of the
bank The defendants claim that the pay
ment of the mortgage by G. b. Lamar was
an extinguishment of the debt in law as
we'll as in equity.
NICE POINTS OF LAW.
| Several nice points Of law have been raised
| by the counsel on both sides, but the above
is an outline Of the issues involved. The
trial is attracting considerable interest on
account Of the prominence of the parties,
| the magnitude of the interests at stake and
! the questions Of law involved.
The defendants are Mrs Caroline A. La
mar and her daughters, among whom are
| Mrs c. Mayhem Cunningham and Mrs. +.
| G. duBignon. The administrators are suing
in the interest of the other heirs OF q. b.
! Lamar
The compliments are represented in court
! by Gen. Henry r. Jackson, Capt. George
! A. Mercer and Mr.. Brennan, Of New York /;
| the defendants by Messrs T. G. duBgnon,
Henry Cunningham and r. G. Erwin.
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