Volume 126 — Alabama Reports

Tried before the I-Ion. J. A. Biluro. The appellants, Henry Bean and Harlin Bean, were Indicted and tried for murder in the second degree, were convicted of manslaughter in the first degree, and sentenced to the penitentiary for five years. The only question presented for review on the present appeal arose upon the triai of the issue under the plea of abatement filed by the defendants.

Tried before the Hon. A. D. Sayre. The appellant,'Pink Thomas, was indicted and tried for the murder of Albert .Harris, was convicted of murder in tlie second degree, and sentenced to the penitentiary for thirty years. On the trial of the case it was shown that the defendant killed Albert Harris by shooting him with a shot gun under the following circumstances: Tlie defendant and the deceased and the other parties hereinafter named were at a negro party.

Tried, 'before the Hon. A. I). Sayre. Tlie appellant in tliis case, Charles Ray, wag indicted, tried and convicted of burglarly; the indictment charging that he broke and entered into a carriage house within the curtilage of a dwelling house of S. B. Márks, and feloniously took and carried away therefrom one set of harness of the value of $15. On the trial of the case, the burglary and the larceny of the harness were proven.

Tried before the Hon. John P. Hubbard. The appellant, James Danzey, was jointly indicted with Festus McClenny and William Fuller for robbery. Before the trial of the defendant Danzey the other defendants were acquitted and James Danzey, was tried .alone. The indictment contained two counts.

Tried before the I-Iou. John P. Hubbard,. The appellant was indicted and, tried for the murder of Henry Thompson bjr shooting him with a pistol, was convicted of murder in the first degree and sentenced to the penitentiary for life.

Aiteal from tlie City Court of Gadsden. .Tried'before tlie Hon. John H. Disqtje. , The appellant, E. A. Rogers, was indicted, tried and convicted for an assault. This is the second appeal in this case. The assault was committed in September, 1890. At the January term of the Gadsden City Court, an indictment was preferred against the defendant. This indictment contained two counts.

Apdeal from the City Court 'Of Montgomery. Tried before tlie lion. A. 1). Sayre. The appellant, David Davis, was indicted and tried for the murder of Bama Williams, was convicted of murder in the first degree and sentenced to be hanged. When the case was called for trial, the defendant made a motion to quash the venire upon the ground that twenty-one of the jurors specially drawn for the case had not been summoned. It was shown that these jurors were not found by the sheriff.

Tried before the ITon. A. I). Sayre. The appellant in this case, Stephen Williams, ivas indicted, tried and convicted for forgery and sentenced to the penitentiary for three'years. The indictment was in the statutory form and set out the instrument alleged to have been forged in haec verba.

Appkal from County Court of Cleburne. Tried before tlie 1-Ion. T. J. Burton. Tlie appellant, Bud Gibson, was tried under an indictment charging him with manslaughter for the killing of one Monroe Simmons, was convicted of manslaughter in the second degree and sentenced to hard labor for the county.

A. D. Sayre. 'The appellant Jim Eldridge was indicted, tried and ■convicted for bigamy, in that, having a wife living, he •unlawfully married one Sylvia Williams. On the trial of the case, the State offered to introduce in evidence a marriage license which was issued by the Judge of Probate of Montgomery county, authorizing ■the celebration of the rite of matrimony between Jim Eldridge, colored, aud Sarah Lewis, colored.

Tried before the Hon. A. A. Evans. The appellant, Noah Barker, ivas indicted, tried and convicted for grand larceny in stealing thirty-three dollars in money from the store of one Jas. S. Willis; the money so stolen being described in the indictment as “Two ten dollar bills, two five dollar bills, two two dollar bills and one one dollar bill.” On the trial of the case, Jas.

AjT’EAT; from the Tuscaloosa Law and Equity Court. Tried before the lion. A. S. VandeGraaff. The appellant, John Roberts, was indicted and eonwicted for robbery and sentenced to the penitentiary for dive years.

Tried before the Hon. W. C. Christian. The appellant, Ike DuBose, was indicted, tried and ■convicted for carrying a pistol concealed about his person.

Tried before the Hon. William E. Skeggs. The appellant, Porter Barker, a negro, was indicted, tried and convicted for carrying a pistol concealed about his person. On the trial of the case, the State introduced evidence tending to show that the defendant, at the certain designated time and place, had concealed about his person a pistol.

Appear from tbe City Court of Montgomery. 'Tried before the Hon. A. D. Satre. Tlie facts of the ease aite sufficiently stated in the ■opinion. cited E.r parte Knight, 61 Ala. 382; Tayloe v. State, 112 Ala. .69.; .Coyle n. Gommonmealth, 104 Pa. St. 117; Grey-ton v. Piper, 14 Incl. 182; Sinurr v. State-, 105 Incl. 123-;. Ex parte Strang, 21 Ohio St. 601; In re Lee, 5' Fed.

Tried before the Hon. Joi-in Pelham. The tax commissioner assessed against the Alabama Mineral Land Company as escaped taxes for the years 1893 and 189-1, solvent credits amounting to $5,000 for -each year. This assessment was made'in the year 1898. After citation the said Alabama Mineral Land Company appeared before the Commissioners Court and resisted such assessment.

Heard before tlie Hon. S. H. Sprott. Tbe appellant, Willis Brownrigg, was tried and convicted for tbe violation of an ordinance passed by tbe Town Council of Livingston in Sumter county, Alabama. This ordinance is copied in the opinion, as is also tbe provisions of tbe charter of said town.

Tried before the Hon. John R. Tyson. This action was brought by the appellee, the Sullivan Timber Company, against the Louisville & Nashville Railroad Company, to recover damages for burning the plaintiff’s property which was alleged to have been caused by fire, which was started by sparks emitted from ■one of the'defendant’s locomotives while being run along its road. The complaint as amended contained five counts.

Apptcal from the Circuit Court of Henry. Tried before the Hon. J. C. Richardson. This was an action of tort brought by the appellant against the appellee. The complaint averred the sending over the line of the defendant from Dothan, Ala., to Climax, Ga., of a telegram from the plaintiff’s Avife to one Dock English, instructing him to notify the plaintiff to come home, that his AAÚfe bad given birth to a girl baby, and that said baby died a few hours after its birth.

Court of Birmingham, in Equity. Heard before the Hon. Chas. A. Sestn. The hill in this case was filed by the appellees against the appellants. The case made by the hill was as follows: Fannie T. Cl i shy died testate in January, 1889, leaving her husband, A. A. Olisby, and the complainants her only children and heirs at law, surviving her. At the time of her death she Avas possessed of a large estate of real and personal property. Her Avill Avas duly probated in March, 1889.

Heard before the Hon. William H. Simpson. ■ The appellant, James P. Pearce, instituted a suit in the Chancery Court of Marion county against James B. Smith, as administrator of the estate of Mary A. Smith, deceased. The bill in this cause was filed on the 14th day of August, 1897, and seeks to enjoin a statutory action of ejectment brought by the defendant’s intestate and now pending in the circuit court of Marion county, Alabama, for the recovery of the lands in dispute.

Tried before the Hon. John P. Hubbard. This was a statutory action of ejectment, brought by the appellee, R. W. Smith, against D. B. Ooskrey, as tenant of A. I). Wall, H. M. Sessions ’and C. A. Stokes, Avho Avere also made parties defendant to the suit.

Tried, before tlie Hon. John C. Anderson. This suit was brought by the appellants, Julia Hunter and Olive Herndon, against the appellees, J. T. Murfee and The Trustees of the Marion Military Institute. It is an action of ejectment to recover an undivided •one-lialf interest in the lots and buildings, situated in Marion, in said county, known as the Howard College buildings, now occupied and used by the defendant, J. T. Murfee, as the Marion Military Institute.

Tried before the Hon. James J. Banks. This was an action brought by the appellee, James B. Baker, against the appellant, the Birmingham Kailway & Electric Company, in which he sought damages for injuries received by him in a collision between a hose-wagon,in which the plaintiff was riding, and a street car belonging to and being operated by the defendant. There were two counts in the complaint.

Ai'pevi. from the Circuit Court of Greene. Tried before the lion. John O. Anderson. This action was brought by the appellee, J. P. Clark, -•against the Alabama Great Southern Bailrond Company to recover damages for the killing of a cow which was the property of the plaintiff. The complaint averred “that the killing of said cow was caused by the negligence of the defendant or its employes or agents.” The cause was tried upon the plea of the general issue.

Tried before the Hon. H. C. Speaks. This suit was originated in a justice of the peace court by the suing out by the appellant of -an attachment against the appellee, who was a non-resident. Upon this writ an attachment was levied upon certain lands,, in the absence of personal property belonging to the defendants, upon which the levy could be made.

Heard before the Hon. Thos. IT. Smith. In the case of Dial v. Gambrel in the Chancery Court of Sumter County, the complainant John Dial filed a petition addressed to the Chancellor, which averred the following facts: One Dewitt 'sold to Gambrel the N. 4 of the S. E. 4 of Section 11, Township 18, Itange 4, East, and on March 9, 188(5, executed to said Gambrel a deed in which the lauds were, by mistake, described as the N. 4 of the N. E. 4 of Section 11.

Heard before the lion. Jkee N. Williams. The bill in this case was filed by tlie appellee, Jolm J. Ballard, against the National Building & Loan Associate m, which, as averred in the bill, was “a private corporation organized under the laws of the State of Alabama, having the city of Montgomery in said State as its principal place of business.” It was averred in the hill that on July 2d, 1891, -the complainant, effected a loan of one thousand dollars from the defendant and…

Heard before the I-Ion. Wm. H. Simpson. The appellees filed a bill in the -chancery court of Lauderdale county, Alabama, -against the appellant, praying for the rescission of a -certain contract wherein the defendant had sold to the complainants a certain; water power. .

.Appeal from tbe Chancery Court of Marengo. Heard before tbe Hon. Thos. H. Smith. Tbe bill in this case was filed by tbe appellee, D. R. Burgess & Company, as creditors of G. A. .■ Watts, against tbe appellants, G. A. Watts and Mary E. Watts, bis wife, and sought to have a certain deed executed to the wife set aside and annulled, and tbe property conveyed thereby subjected to tbe payment of complainant’s debts.

Appear from the Circuit Court -of Covington. Tried before the I-Ion. J. TV. Foster. Appellants brought their suit in detinue against appellee to recover two yokes -of -oxen, one log cart and fixtures, and also some corn, -seed -cotton and fodder of the crop -of 1898. The plaintiffs claimed title under a mortgage which had been executed to them by the defendant on the 22d day of January, 1898. .

Tried before the lion. A. D. Sayre. This was an action of detinue brought by the appellees, Nannie S. Crossland and W. A. Crossland, against ■“Willis L. Chandler and T. L. Jones, partners in ■trade under the name of Chandler & Jones,” and sought •■to recover specifically described articles of jewelry, watches, diamonds, silver and plated ware.

Heard before the Hon. R. B. Kelly. The bill in this case was filed by the appellant, W. H.. McKleroy, and others, against the Gadsden Land and Improvement Company, as the sole party defendant,, and had for its purpose the selling of the property of said Company, the dissolving of the corporation, winding up of its affairs, and the appointment of a receiver,, upon the grounds as set forth in said bill.

Heard, before the Hon. James R. Dowdell. ■ This is a-n appeal by the American Pig Iron Storage Warrant Company from a certain decree in the chancery court of Shelby county, establishing and enforcing: against it, in favor of the appellees, certain pledges of iron made' by the Alabama Iron & Steel Company, and decreeing against 'appellant in respect to certain receivr er’s certificates and equities arising thereon and imposing upon appellant a part of the cost of…

Tried before the Hon. J. A. Bilbko. . The appellee, J. S. Riddle, brought the present action against the Southern Railway Company, to recover damages for the alleged negligent killing of a cow, the property of tbe plaintiff, by being run over by a train operated on the defendant’s road. The cause was tried upon issue joined on the plea of not guilty.

Tried before the Hon. J. A. Bilrro. This was a statutory trial of the right of property between F. A. Bostick, as plaintiff, and the Brandon Printing Company as claimant; and was instituted ixi the following manner: F. A. Bostick commenced a suit by attachment against J. W. Shoemaker, Lisle Shoemaker and Clara F. Shoemaker. 'This writ of attachment was duly issued and xvas levied by the sheriff upon a Smtih Premier Typewriter, as the property of J. W. Shoemaker.

Tried before the Hon. Trios. R. Rotjlhac. This was an action brought by the appellant, Ben Thomas, who was a minor, through his next friend, against A. I). Bellamy as receiver of the Florence Wagon Company. The plaintiff, while in the employment of the defendant, as receiver of the Florence Wagon Company, was injured in the discharge of his duties. The complaint, as originally filed, contained four counts.

Heard before the non. William H. Simpson. The facts of this case, so far as are necessary for an understanding of the decision on -the present appeal, are sufficiently stated in the opinion. ■ The appeal is prosecuted from a decree.of the court directing the distribution of the decedent’s estate according to the terms of agreement entered into between the parties to the litigation, and overruling the exceptions to the last report of the register, and ordering payment of…

Tried before the Hon. John Moore. Tlie appeal in this case is from a judgment of the circuit court overruling a motion for a new trial. Charles E. Tait, the appellee, commenced an action of attachment against the appellee, Lewis Haygood, in a justice of-the peace court. From a judgment rendered by the justice in favor of the plaintiff, the «defendant took an appeal to the circuit court. In the circuit court •a judgment by default was rendered against the defendant.

Appear from the Circuit Court of Montgomery. Tried before the Hon. J. 0. Richardson. S. Roman recovered a judgment against' the Montgomery Iron Works. Upon this judgment a writ of garnishment was issued and served upon the appellant, A. M. Baldwin. The garnishee made a written answer, in which he denied all indebtedness to the defendant. After filing his answer, the plaintiff moved that the garnishee be required to answer orally.

Tried before the Hon. G-. K. Miller. These two cases, growing out of the same litigation, are submitted and decided together. The facts relating to each of the cases are sufficiently stated in the opinion. The court was without authority to amend a judgment nunc pro tunc, as was done in this case.—1 Black on Judgments, § 185; Windsor v. McVeigh, 93 U. S. 274; Gunter v. Lamar, 39 Ala. 324; Browder v. Faulkner, 82 Ala. 257.

Apprat, from tlie Circuit Court of DeKalb. Tried before tbe Hon. J. A. Bilbro. This was a statutory real action in the nature of ejectment, brought by the appellee, George H. Campbell, as administrator of the estate of Adeline S. Quinn, deceased, 'against tlie appellant George H. Quinn; in which he seeks to recover certain lands specifically described in the complaint.

Heard before the 1-Ion. William H. Simpson. The bill in this case was filed by the appellee, Lorenzo Corey, against. Frank A. Howard, Jas.

. Heard before the Hon. William H. Simpson.. The bill in this case was filed by the appellees, Edward J. Fenn and Henry D. Morrison, in behalf of themselves and any and all creditors of Andrew C. Frey who might make themselves parties to the bill and pay their proportionate share of the costs thereof.

Tried before the Hou. G. K. Miller. This was au action brought by the appellee, The Talladega Ileal Estate & Loan Association, against the appellant, George IV. Chambérs, and veas 'instituted on May 19, 1898. The complaint, as originally filed, counted upon two-promissory notes, alleged to have been given by the defendant to the plaintiff on May 23, 1.887, and due respectively on May 23, 1888, and May 23, 1889.

Tried before the Hou. George E. Brewer. This was a statutory action of ejectment, brought by the appellees against the appellant, to recover certain specifically described lands. The plaintiffs sued as the heirs at law of Carter Oldham, deceased, and the defendant also claimed title to the land sued far from the same source. The evidence for the plaintiffs tended to show that they were the onl;y heirs-at-law of Carter Oldham, deceased, who died some time before’ 1844.

Heard before the Hon. It. B. Kelly. The hill iu this case was filed by the Southern Railway Company against the appellees, several of whom were minors. The hill averred substantially the following facts: That in 1887 the Rome & Decatur Railroad.

Tried before tlie Hon. James W. Lapsley. This was an action of detinue brought by the appellee, E. E. Forbes, against W. J. Erode, to recover possession ■of one Ivers & Pond piano, together with the value and use thereof during the detention. The suit was instituted on November 15, 1898. The material facts of the case necessary to an understanding of the decision on the present appeal, are sufficiently stated in the opinion.

Heard before the Hon. William H. Simpson. The bill in this case was filed by the appellant, Kibble-J. Harrison, against Elizabeth O. Harrison, Beatrice D. Harrison, Susan J. Harrison and others. It‘is averred in the hill that the complainant and the defendants are surviving children and only heirs at law of Elizabeth C. Harrison, deceased, who died testate on August 4, 1890..

Tried before the Hon. H. C. ¡Speake. The purpose of the suit and the pleadings in the case-are sufficiently stated in the opinion.

Tried before the Hou. G. K. Miller. This action ivas brought by the appellant, the Southern Cotton Oil Company, against T. II. Bass, as principal, and one B.. L. Gaddis, and the firm of Lane & Tlebson as sureties on the bond, conditioned for the faithful accounting for money, etc., to be advanced Bass by the plaintiff as its agent. The complaint averred the defalcation on the part of Bass, and thereby the breach of the bond sued upon.

Tried before the Hon. H. C.. Speake. This was a statutory action of ejectment, brought by the appellant, Bailie Morring, against Amanda Tip-ton and Calvin Tipton. It was tried upon issue joined on the plea of not guilty.

Heard before the Hon. William H. Simpson. The bill in this case was filed on April 15, 1898, by the appellee, Hiram N. Vest, against the appellant, Joseph M. Roberts, for the purpose of having abated .an alleged nuisance consisting in the maintaining by the defendant of a ditch, in' such a manner as to cause the waters of a creek to overflow the lands of the complainant to his injury.

Tried before the Hon. A. A. Coleman. This is a statutory real action in the nature of ejectment, brought by the appellee, John Arthur, ‘against the appellant, Arthur Monroe, to recover certain lands specifically described in the complaint. The cause was tried by the court without a jury, upon an agreed statement of facts. The facts of the case necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion.

Ax’I'EAL from the Circuit Court of Russell. Tried before the Hon. A. A. Evans. This was an action brought by the appellee, William E. Stark, against the Central of Georgia Railway Company, to recover damages for the alleged negligent killing of a mule by one of the trains oper-. ated on its road. The facts of the case are sufficiently stated in the opinion.

Tried before the Hon. TI. C. Speake. This action was brought by the appellee, John Joseph Combs, against W. P. Hereford. The complaint in the action was in words and figures as follows: “1.

Tried before the Hon. James-A. Bilbro. This was a statutory action of ejectment, brought by the appellant, W. C. Stiff, against the appellees, W. A. Cobb and bis wife, Mattie A. Cobb, for a certain… Held: the lands in controversy openly, notoriously and adversely and exclusively under a claim of title from the year 1882, then the defendants have a good title, and the plaintiff can not recover.” There were verdict and judgment for the defendants.

Tried before the Hon. G. K. Miller. This tras an action brought by L. G. Forgy, the appellee, against George Wright; -and counted upon a note or bond under seal. The complaint, as originally filed counted upon a promissory note. The complaint ivas subsequently amended by adding two counts thereto.

Appeab from Chancery Court of Madison. Heard before tbe Hon. W. H. Simpson. The bill in this case was filed by the appellants-against the appellees, seeking tbe partition of certain lands specifically described in tbe complaint. Tbe averments in tbe bill and tbe amendment thereof are sufficiently set forth in tbe opinion. To the bill, as-amended, tbe defendants demurred upon the following, grounds: “1.

The bill in this case was filed by the appellant, J. L. Turner, against the appellee, the Merchants Bank. The bill, as amended, averred the following facts: The •complainant on the 9th day of September, 1896, recovered a judgment in the circuit court of Lauderdale county against her brother, George A. Leftwich, for the sum of $5,730.92 and costs of suit.

Tried before the ITon. W. W. Wilkbbson. Tiiis is a suit brought by appellee, A. K. Shepard, Jr., against the Louisville & Nashville Railroad Company, to recover $50„000 damages for the breach of a contract for the sale of 66,000 acres of land.

Heard before tlie Hon. A. D. Sayre. Tills action was brought by Philip D. Puder, doing business under the name and style of the Montgomery Beer Bottling Works, against John B. Gaston, as Judge of Probate of Montgomery County, Ala., to recover the sums of $110 and $27.50 paid by Puder to Gaston as license tax in accordance with the provisions of “An .act to amend the revenue laws of the State of Alabama,” approved Feb. 23, 1899, and commissions thereon.

Heard before tbe ITon. A. I). Sayre. On June 23, 1890, J. L. Hall and L. B. Farley, as trustees, filed tbeir 'bill of complaint agaiinst Fox Henderson, the Alabama Terminal & Improvement, Company, and tbe Farley National Rank.

Heard before 'the Hon. John H. Bisque. The bill in this case was filed by the Anniston Lime & Stone Company against the appellants. The case made by the averments of the bill are substantially as follows: The complainant is a corporation organized under the laws oí Alabama, for the purpose of quarrying limestone, and the manufacture of lime. It had been engaged in this business for a number of years prior to 1896.

Heard before the Hon. Willlui L. Parks. The facts in this case are sufficiently stated in the opinion. At the time the contract of January 4, 1897, was entered into between (1. W. Barker and Clara A. M. Hicks, there was absolutely no relation of trust or confidence existing between them. The parties could read, and the law will not permit the appellee to say she did not read the contract.

Tried before the Hon J. C. Rici-iardson. This action was brought by the appellant against the appellees. 'The complaint, as amended, Was as follows: “Tbe plaintiff claims of tlie defendant the sum of seventeen hundred and fifty dollars damages for that defendants were, during the latter part of the year 1897 and first part of the year 1898, engaged in the business of storage, comxiressing cotton and keeping the same for-shipment or forwarding, and issued their receipts for…

Tried before the Hon. J. C. Richardson. This, was an action brought by the appellants, O. G. Abercrombie and W. Z. Williams as partners under the firm name of Abercrombie & Williams against the appellee, W. F. Vandiver; seeking to recover fl50,000 alleged to be due from the defendant to the plaintiffs. The complaint contained three counts.

Appear from Circuit Court of Montgomery. Heard before tlie Hon. J. C. Biohardson. This action was brought by the appellant,» Mrs. Birdy Tobias, against the appellees, Josiah Morris & Co., for the recovery of certain moneys deposited by the plaintiff at various times to her credit, with the banking house of the defendants. The complaint contained nine counts. The first count sought to recover $800 as money had and received by the defendant on Sept. 16,1895.

Tried before the lion. A. A. Evans. This was au action brought by the appellee, W. P. Windham, against the Central of Georgia liailway Company.

Heard before the Hon. W. L. Parks. The bill in this case was filed by the appellants, II.

Aitisal from 'tlie City Court of Birmingham. Tried before tlie Hon. H. A. tíiíAttim. This action was brought by Emil Lesser against the United ¡States Life Insurance Company, to recover $3,000 alleged to be dué on a policy of insurance, which was issued by the defendant on March 8, 1893, upon the life of one, Henry tíilberman, and was made payable' to Emil Lesser, the plaintiff, tíilberman died on October 21, 1893. The defendant pleaded four pleas.

Tried before the 1-Ion. A. A. Coleman. This'was an action by T. T. Ashford against the South•ern Express Company, -a common -carrier, to recover $250 damages for the death of a -certain pointer bitch, named Belsora, shipped by the plaintiff -over defencl•ant’-s line to one, J. M. Avent, of Hickory Valley, Tenn. The case was tried upon the second count, as origi'nally filed, and upon the third and fourth counts of the -complaint, as -amended.

Tried before the Hon. John Piílham. This is 'an appeal from a final judgment rendered by the circuit court of Calhoun county, Alabama,… Held: wherever the question has been before them, that constitutional restrictions as .to the subject of election and suffrage do not apply to elections for offices or elections or questions submitted to the people w’-we the Legislature had plenary authority to provide for the manner of the selection of the officers, or for the disposition…

J. J. Mayfield. This action was brought by the appellee, George ESwadley against the appellant, V. E. Steen; and sought, to recover the amount alleged to be due the plaintiff from the defendant for timber which the defendant had out from the plaintiff’s property under a written contract existing between the parties. Both the plaintiff' and the defendant were non-residents of Alabama. The suit was instituted in Tuscaloosa county on January 1, 1898.

Heard before the Hon. A. D. Sayre.- The bill- in this case was filed by the appellants, P. J. .Anderson and John B. Nicrosi, as shareholders of the 'Commercial Fire Insurance Company, in their own behalf and in behalf of all other stockholders and creditors of said Commercial Fire Insurance Company against the appellees, C. W. Buckley, S. C. Marks, M. P. LeG-rand, J. I-I. Clisby, F. Duncan and C. A. Lanier, as trustees of the stockholders and creditors of the Commercial Fire…

Heard before the Hon. A. D. Sayre. The proceedings in this case were instituted by the City Council of Montgomery, under provision of the act of the General Assembly, regulating the sale of real estate in the city of Montgomery,' for unpaid taxes for municipal purposes. The pleadings in the case and the facts relating to the cause are sufficiently stated in the •opinion.

Heard before the Hon. J. C. Carmichael. The proceedings in 'which the present appeal was; taken were instituted by a petition filed by the appellee,.

<p>Appeals from Elmore Circuit Court.</p> <p>Tried 'before tbe'Hon. N. D. Denson.</p>

<p>Appeal from Mobile Circuit Court.</p> <p>Tried before the Hon. William S. Anderson.</p>

<p>Appeal from Montgomery Chancery Court.</p> <p>Heard before the Hon. W. L. Parks.</p>

<p>Appeal from Dale Chancery Court.</p> <p>Heard before the Hon. W. L. Parks.</p>

<p>Appeal from Hale Circuit Court.</p> <p>Heard before the Hon. John Moore.</p>

<p>Appeal from Madison Circuit Court.</p> <p>Tried before the Hon. H. C. Speake.</p>

<p>Appeal from Montgomery City Court.</p> <p>Tiled before the I-I011. A. I). Sayiie.</p>

<p>Appeal from Birmingham City Court.</p> <p>Tried before the Hon. Chas. A. Senn.</p>

<p>Appeal from Pike Chancery Court.</p> <p>Heard before the II011. Wm. L. Parks.</p>

<p>Appeal from Jefferson Circuit Court.</p> <p>Tried before the Hon. A. A. Coleman.</p>

<p>Appeal from Birmingham City Court.</p> <p>Tried before the Hon. H. A. Sharpe.</p>

<p>Appeal from Gadsden City Court, in Equity.</p> <p>Heard before tlie Hon. John II. Disque.</p>

<p>Appeal from Pike Circuit Court.</p> <p>Tried before the Hon. J. M. Carmichael, Special Judge.</p>

<p>Appeal from Coosa Circuit Court.</p> <p>Tried before the Hon. N. D. Denson.</p>

<p>Appeal from Birmingham City Court.</p> <p>Tried before the Hon. Chas. A. Senn.</p>

<p>Appeal from Coosa Circuit Court.</p> <p>Tred before the Hon. N. D. Denson.</p>

<p>Appeal from the City Court of Anniston.</p> <p>Heard before the Hon. James W. Lapsley.</p>