The Montgomery advertiser., 1901-07-26
~...~.~ ~~~*x*~ ~s~~ HEAD NOTES OF THE DECISIONS
 OF THE ALABAMA SUPREME COURT.

,.. .,,a \, ..4S:I. aI. Bill in Equity for the settlement or Partnerhip. Appeal from the Chancery Court of Hale.
 i. Bill for settlement of partnership; ] sufficiency of -verment.-A biit whicn alleges the formation of partnerenip | between the complainant and the de- fendants the name and interest or each partner, the terms of the partner | shin the transaction of business by tne | partnership. it's dissolution without | settlement and the defendants denia' of complainant claim against them | respectively, contains sufficient aVer- | ments to give a court Jurisdiction TOT the settlement of the partnership, ana | Is not demurrable. ,,, | 2. Same; same; case at bar.-A biii | filed for the settlement of partner. ship averred the formation or inc partnership between the l complainant and the defendants for the | purpose of purchasing plantation, inn proving it, renting it out and selling | 1t for a profit, and terms of the agree ment of partnership; that said parties purchased the plantation as 'contem- plated in the agreement, but upon de- fault in the payment of the purchase money it was sold under mortgage, | thereby depriving the partnership or all of it's property and destroying the purposes for which it was organized. | It was further averred that the defend- | ants were indebted to the complainant | for expenses incurred in reference to | the partnership business. Held: Such averments are sufficient to give court | of equity jurisdiction for the settlement of the partnership.
 l 3. Same; same; same.-1n such bill, which ayers that the complainant and the defendants purchased the lana, that a conveyance was made Of the same to the members of the partner
 ship, that from the time of the pur-
 chase to the time of the sale under
 the mortgage, one of the partners col-
 lected large sums for the rent of the
 land. and that the complainant, with
 the knowledge of the other members
 of the firm, paid out large sums of
 money in improving the property, in
 payment of the purchase money and
 for taxes due thereon. sufficiently
 shows that the partnership owned and
 controlled the property up to the time
 it was sold under the mortgage; and
 is not subject to demurrer upon the
 ground that it Is not averred that the
 partnership ever, in fact. owned and
 took possession of the property in ques-
 tion.
 1. Same: limitation of suit for set
 clement of partnership. bill ir
 equity to compel the settlement oi
 partnership accounts may be filed with
 in six years after the actual dissolu-
 tion of the partnership. or within siS
 years from a credit or other like part
 nership transaction on account, from
 which a promise by the defendant tc
 pay the balance due against him may
 be implied.
 5. Same; same; case at bar.-On 6
 bill filed for the settlement of a part.
 nership, where 1t is shown by the
 averments of the bill that more thar
 six years before the filing of the bill
 there was dissolution of the partner
 ship by reason of a sale under the
 mortgage of all of the property owned
 by the partnership, thereby destroying
 the purposes for which the parnershiI
 was formed. but from the time of sai6
 sale up to year before the filing O
 the bill. the complainant had beer
 forced to pay out large sums of money
 on account of the indebtedness of saiC
 partnership for their part of whicl the defendants, as his associates, haC
 refused to pay. and there was no prop
 erty belonging to the partnership, sucl
 bill Is not barred by the statute of linn
 itations of ten years.
 6. Agreement of partnership; suffi
 ciency of considerations z
 partnership is formed between severa
 parties for the purpose of buying ( plantation. improving 1t, renting thu ! place out and selling it for profit. al
 agreement between the partners tha the fee agreed to be paid by the own CTS of said plantation to one of tht 1 partners for effecting the sale should ? be equally divided between all of tn, Da artnerS and ha applied as mart O