49 So. 811 | Ala. | 1909
Bill by appellee against appellant to reform and correct certain deeds and mortgages between appellant and appellee, to take and state an account in the premises, and to foreclose the mortgages for the satisfaction of the sum so ascertained, together with the costs, etc. The parties entered into a written agreement, pending the litigation, wherein it was stipulated, among other things, that in stating the account the register “will credit respondent (appellant) with the value of the rents, as he shall find the same to be, of the James B. Edwards place during such time as he shall find from the proof that the complainant has had possession and control of the same since the date of the sale thereof by complainant to respondent.” It was provided in the mentioned agreement that the “register will, state the account between complainant and respondent from the date of the sale by complainant to the respondent of the Walter S. Edwards land,” which was, it appears, August 31, 1883.
The only questions argued on this appeal are: First, whether in stating the item of rents to which the agreement stipulates, as quoted, the respondent shall be credited the reasonable rental value of the place is the criterion, as appellant contends, or, whether the rents collected by the mortgagee in possession shall control; and, second, whether the statement of the account should be for and covering the period stipulated, as stated above, in the agreement. On the second question there can be no possible doubt from the letter of the agreement; and, in consequence, the exceptions to the register’s report, based expressly on an accounting for a much shorter and different period, should have been sustained, and the decree in this respect is necessarily erroneous.
Beversed and remanded.