The morning news. [volume] (Savannah, Ga.) 1887-1900, 1888-12-19
TIE LAMAR COTTON CASE.
Hon. Alexander Proudht's Report as
Master in Chancery.


The report in the celebrated Lamar
cotton case, which was filed IN the United
States court this week by the Hon. Alex
ander Proudft, to whom, as master in
chancery, the case was referred, is lengthy
document, comprising 60 pages of type
written legal cap. AS the parties in this
case are well known here, short history OF
If will be of interest.
Mrs. Harriet CaZenove Jones' as admin
istratrix, and Frank Cazenove Jones, as
administrator, with tle will annexed of the
estate of the late G. B. Lamar, filed bill
in equity in the United States court III
Savannah against Mrs. Caroline A. Lamar
and her children for the foreclosure Of a
mortgage on the property which is known
as the Lamar press and wharves The
complalnants claimed that there was due
them under this mortgage upward of
SD, 200, with about fourteen years interest.
The defendants denied that the mortgage
soughtto he foreclosea was of any validity
in the hands of the compliments, as G. b.
Lamar originally owed the debt which the
mortgage was given OBSCURE, and having
acquired the mortgage from the original
mortgage in 1874. while he was unde; an
obligation to pay it, that his acquisition of
the mortgage really mounted to payment
of 1t, and that it could not be enforced by
u. Is. Lamar, or the representatives of his
estate, against the defendants. Tee defend
ants also filed cross bhl, in
which they alleged that the admin
istrators of q. B. Lamar we're in
debted to them in large SUN of money
as the share and interest of the late Charles
A. l.. Lamar in the proceeds of cotton
which q. b. Lamar recovered from the
United States government. Mr. and Mrs.
Jones answered this cross hill by setting up
that the estate of Charles A. L. Lamar was
largely indebted to the estate of G. B.
Lamar on account Of a copartnership in
guano, which existed during aud prior to
the war; and they also claimed that the
right of Mrs. Lamar and her children to
call for an accounting concerning the
cotton money collected by G.. B. Lamar
from the government was barred by the
statutes Of limitation.
My conclusion and judgment, therefore,
is that the mortgage given to the National
Bank of the Republic by Caroline A. Lamar,
as ADMINISTRATIVE on the estate of Charles
A. L. Lamar, and which was afterward
transferred TO G. B. Lamar, and which is
now sought to be foreclosed in this court
should be decreed to be delivered up to be
cancelled; that the property therein set
forth should be entirely freed from said
mcumbrance; and that the cloud which
now exists on the title Of said p operty by
reason of such mortgage should ba re-
neither Caroline A. Lamar, as administra-
trix on said estate or as an
individual, nor the heirs of
Charles A. Lamar whose names are
set forth in the pleadings should be held to
be liable on said bond aud mortgage; that
decree ould be rendered perpetualiy en-
joining said complainants, they or either of
them, or any transferee, or any assign of
them, either from attempting to foreclose
said nOrtpapp now the SlIbiact r1attpr Of
this litigation and from any further effort
to collect the bond secured by the same:
that both of said instruments be declared
null and void, and that decree be entered
to that effect; that further decree should
be entered in favor of Caroline A. Lamar,
Eliza A. Cunni ngham, Jane G. Cunning
ham, Caro- n. duBignon, Georgia A. Lamar
and Mary l.. Lamar, against Harriet Gaze
move Jones, Administrative, and Frank
Cazenove Jones, administrator, with the will
annexed, of Gazaway B. Lamar, for the sum
of $157 ,2S7 AZ, with interest thsreo from the
date of tue decree: or that. in the event the
court should determine that by the dis
missal of the original bill it carried with it
the cross bill fled by Caroline A. Lamar
and others whose names are therein men,
toned, and that Caroline A. Lamar is now
the only proper party before the court, my
judgment il that a decree should be rem
dered in her favor against said administra-
tor and administrative for the sum of
$780, 81, with in crest from the date of
such decree, said amount being one-sxth of
the total amount herein found to be due to
all the heirs of Charles A. l.. Lamar
Col. George A. Mercer and Messrs. Evarts,
Choate and Beuman are counsel for Mr.
and Mrs. Jones. and Me2srs Lawton &
Cunningham, Chisholm g. Erwin and +. G..
duBignon represent the defendants.