Volume 127 — Alabama Reports

Tried before the Hon. A. A. Evans. • On the 29th day of November, 1899, the appellant, W. M. Sheppard, filed in the office of the probate judge of Dale county, an application, in all respects as directed by law, for a license to sell liquors for the year 1900, at Pinckard, and this petition and recommendation remained on file in that office until January 1st, 1900, when appellant went before the .appellee as probate judge of Dale county and tendered to him the requisite…

Heard before the Hon. Charles Hall. The proceedings in this case were had upon an application of William L. Bcbieffelin to .have admitted to probate what purported to be the last will, and testament of Cornelia J. Schieffelin, deceased. William L. Schieffelin was a son of the testatrix, Cornelia J. Schieffelin, and .was the only child left surviving her. The testatrix had two other children, Mark and Lee Schieffelin.

Heard before tbe Hon. John C. Carmichael. Tbe facts in this case are sufficiently 'stated in tbe opinion. As we understand tbe law, tbe sale of “good will” is a sale of nothing but tbe chance of being able to keep the business which has been established. It is the sale of a mere chance which vests in the purchaser the possibility that a preference that has usually been extended may continue. — 8 Amer. & Eng. Ene. of' Law, 1366.

Api>eal -from tlxe Circuit Court of Mobile. Tried before 'the I-Ion. William S. Anderson. This action was brought by the appellée against the appellant;' on October 1st, 1898. The complaint contained three counts. The first was a' common count, claiming $131.20 due from defendant by account on June 27th, 1898.

Heard before the Hon. W. H. Taylob. The day before his marriage and in consideration thereof, James Q. Smith conveyed to his bethrothed, Marie L. Fair, 640 acres of land in Perry county, known as “Grove Cottage' Plantation,” “for the maintenance 'and support of the party of the second part and any child or children she may have, of said marriage.” The marriage was solemnized. Mrs. Smith possessed herself of all of said land.

Heard before the Hoh. Titos’ H. Smith. The bill in this ease was- filed by the Brent Lumber Company against the .appellant, A. J. Hamilton; and prayed for an injunction pendente lite, which was to be made permanent upon hearing, to'restrain the defendant, from cutting and removing timber from the lands described as the.N. |- of the S. E. J of section 7, township 4, range 4 east.

Appeal, from the Circuit Court of Jefferson. Tried before the Hon. A. A. Coleman. ■ This action was brought by the appellant, N. M. Chambliss, against the appellee, Peter Blau. The complaint as originally filed contained three counts. The plaintiff withdrew the third count and added a fourth count, and the cause was tried upon the plea of the general issue to each of the counts.

Heard before the Hon. W. L. Parks. The bill in • this case was filed by Orlena. A. Hamil, a married woman, the wife of Irby W. Hamil, to remove as a cloud from her title two mortgages, one of which was made to the American Freehold Land Mortgage Co., of London, Ltd., on February 17, 1891; and the other to the Loan Company of Alabama, on December 3, 1895.

Heard before the Hon. Thos. H. Smith. This was a hill in equity filed by Rosa S, Tutwiler ■against the National Building & Loan Association of Montgomery.

Tried before the Hon. John P. Hubbard. This 'was an action of assumpsit brought hy the appellee against the appellant; and counted upon the common counts for .work 'and labor done and for money loaned.

Equity Court. Tried before the Hon. James J. Mayfield. The question presented nn the present appeal arose upon the rulings of the trial court in sustaining a demurrer to a plea filed by the defendant. The complaint and the plea interposed thereto by the defendant are set forth at length in the opinion. To this plea the defendant demurred upon .tlie following grounds : “1.

Heard before the Hon. Jere N. Williams. The appellants, Stephen Putney & Co., filed the bill in this case against Robert Wolberg and Ether Meyrovitz and J. M. Pilcher, as sheriff of Henry county.

■Heard before the Hon. John H. Cisque. This action was brought by the appellee Jake Reeves, against the appellant, Aquilla Burns, to recover the statutory penalty of $200 for the defendant’s failure within thirty days after having been requested in writing to enter on the margin of the record of mortgage, the dates and amounts of partial payments made on a certain existing mortgage executed by plaintiff to defendant.

Tried before the Hon. J. A. Bilbro. This was a'n action of trover, brought by the appellee, the Tennessee Coal, Iron & Railroad Company and the Sloss Iron & Steel- Company against the Birmingham Mineral Railroad Company, to recover damages for the alleged wrongful conversion of' 1,000 cross-ties, which were cut from the land owned by the plaintiffs.

Tried before thé Hon .N. D. Denson. This action Avas brought by the appellee, S. C. Knight, against the appellant, Walter Hoffman. The complaint contained tAvo counts.

Heard before the Hon. N. D. Denson. On January 22, 1900, the appellant, William Hub'.bard, who was a citizen of Elmore county, applied to the judge of probate of said county for a license to sell spiritous, vinous and malt liquors in the town of Wetumpka. In making this application he complied with the law as it existed prior to the passage of the act approved February 18, 1899, known as the Dispensary Law (Acts of 1898-1899, p. 108).

Wm. L. Parks. The bill in this case was filed by the appellee on November 2, 1899, against Brown Scott, Liddy Scott, George E. Gordan and Benjamin Graham.

, Tried before the lion. J. J. Mayfield. This action was .brought by the. appellant, Newton J. Clements, against the Alabama Great Southern .Railroad Company, to recover damages for personal injuries, alleged to have been sustained by the plaintiff while he was in the employment of the defendant, and in the discharge of his duties as such employe. The accident resulting in the injuries complained of occurred on a trestle or bridge along the line of defendant’s railroad.

Tried before the Hon. John P. Hubbard. This was an action of trespass brought by the appellee, A. E. McNeill, against the appellants, S. M. Beeves, Augustus Wright, John Darby, Jr., and James B. Darby, to recover damages for the alleged wrongful taking of an alleged stock of goods, which belonged to the plaintiff.

Tried before tbe Hon. J. W. Foster. This action was brought by tbe appellee, Hugh Wind-barn, against Abercrombie & Williams, to recover damages for trespass quare clausum fregit. Tbe facts of tbe case necessary to an understanding of tbe decision on tbé present appeal, are sufficienly stated in tbe opinion.

Tried before the Hpn. A. D. Sayre. The 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 L. Parks. The bill in this case was filed by the appellants, J. E.. and W. E. Henderson, against the appellees, J. L. Y. Kirkland and his wife, E. J. Kirkland.

Tried before the Hon. Wm. S. Anderson. This was an action brought by the appellee, E. W. Solomon, against the Louisville & Nashville Railroad Company, to recover damages for the alleged negligent killing of a cow valued at $17. The suit was instituted in a justice of the peace court, and upon judgment being rendered for the plaintiff, fixing his damages at $15, an appeal was taken to the circuit court. The cause was tried by the court without the intervention of a jury.

Heard before the Hon. Thomas H. Smith. The bill in this case was filed by the appellee, B. B. Dugger against the appellants, P. A. Tutwiler, C. S. Tufcwiler and H. T. Young.

Heard before the Hon. William L. Parks. The bill in this case was filed on August 4, 1899, by the appellee, L. A. Russell, and averred the following facts: William A. Andrews died in Barbour county, Alabama, on August 8, 1881, leaving a large estate, and left surviving him his widow, Laura E. Andrews and several children who were as follows: Dora Russell, the wife of the complainant, and W. D. Andrews, both of whom were over 21 years of age; Eloise Andrews, now Eloise Grant,…

In this case there was a petition filed addressed to the Justices of the Supreme Court asking for a writ of mandamus to be issued to the chancellor of the southeastern chancery division, commanding him to set asidé and vacate the decree rendered in a proceeding, pending in the Pike chancery court, by which decree the petitioners were required to surrender possession of certain specifically described lands. Upon the filing of a petition, a rule nisi was issued.

Heard before the Hon. J. B. Si-iivers. On September 15, 1898, L. W. Crenshaw, the appellant, filed in the probate court of Perry county, a petition in which he averred the following facts: On April 30, 1893, Lucy A. Crenshaw died owning real and personal property in Perry county, Alabama, and in the State of Georgia. She left a last will and testament which was duly probated in Georgia and in Perry county, Alabama.

Tried before the Hon. N. D. Denson. • W. M. Wright, the appellant, brought an action of detinue against Sam Whetstone to recover two bales of cotton. Upon the interposition of a claim to the cotton sued for by the New England Mortgage Security Company, as provided for by-the statute, a trial of the claim suit was had. The facts of the case are sufficiently stated in the opinion.

Heard before the Hon. William L. Parks. The bill in this case was filed by the appellee against the appellant. The averments of the bill and the purpose thereof are sufficiently stated in the opinion. On the filing of the bill a temporary injunction was issued. The defendant filed a sworn answer denying .the material averments of the bill, and moved to dissolve the injunction upon the sworn denials contained in the answer.

Heard before the Hon. Thomas H. Smith. The bill in this cause was filed by the appellant, Winston Jones, against the appellees, L. D. Hardy, Jacob Marx and Ed. Marx, August Schwarz, M. Ely, Fannie Marx, Moses Marx, and the First National Bank of Demopolis.

Heard, before the I-Ion. A. D. Sayre. The bill in this case was filed by the American Freehold Land Mortgage Company, against Charles T. Pollard and Rebecca M. Pollard, his wife. The purpose of the bill and 'the facts of the case are sufficiently stated in the opinion.

Tried before the Hon. John Moore. This was an action of assumpsit brought by the appellee, J. C. Wilson, against the appellant, L. J. Pake; and sought to recover an amount alleged to be due froni the defendant to the plaintiff upon an account. The facts of the case are sufficiently stated in the-opinion.

Heard before the Hon. J. It. Dowdell. The bill'in this case was filed by the appellee, the Common Council of Dadeville, against one John H. Ham and James Johnson. The purpose of the bill was to have a dwelling house and fence, which the bill avers was obstructing and closing up a public street in the town of Dadeville, known as Eufaula Street, declared a nuisance, and moved, and that the defendants be enjoined from further use of said house and inclosure.

Heard before the Hon. Thomas H. Smith. The bill in this case was originally filed by J. W. Mc-Crary against Carrie A. Williams and her husband, J. W. Williams. The bill averred the execution of the mortgage by the defendants to the complainants, for the purpose of securing an indebtedness to him. It was averred in the bill that in the description of the real estate conveyed in this mortgage, there was an .error or mistake inadvertently committeed.

Tried before the Hon. IT. A. Sharpe. This was an action brought by the appellant, J. M. Crowder, against the Red Mountain Mining Company, a -corporation, and counted upon several promissory notes executed by the defendant, and which were alleged to have been transferred and assigned to and owned by the plaintiff in the present action. The suit was instituted on September 19, 1896. The defendant pleaded the general issue and several special pleas.

Heard before the Hon. W. L. Parks. The purpose of this suit and the facts of the case are sufficiently stated in the opinion. Upon the final submission of the cause upon the pleadings and proof, the chancellor* rendered a decree granting the relief prayed for by the complainants.

Tried before the Hon. J. C. KiChaiidson. • This was an action brought by the appellee against the appellant, John J. King; and counted upon a promissory note. The note sued on was executed by the defendant to one YY. C. Carroll m payment of a horse purchased by said King from Carroll.

Tiled before the Hon.. John P. Hubbard. This action was brought by the appellant, W. K. Ken-an, against the appellee, Larkin Lindsay. The 'Complaint contained four counts. The three first counts were the common counts for $400, as money due to plaintiff, and for money had and received by defendant for him. In the fourth, (count A.), the plaintiff claimed from defendant $400 for that, on or about the 3d day of May, 1808, one M. J..

Tried before the Hon. A. U. Sayre. This was an action of assumpsit brought by the appellee, G. W. Carr, against E. P. Morrissett, as exe: cutor of B. L. Barksdale, deceased] and sought to recover an amount alleged to be due the plaintiff from the defendant’s testator. The complaint contained the common counts. The defendant pleaded the general issue and the following special pleas: “5.

Tried before the Hon. John R. Tyson. On March 5, 1891, Mrs. F. E. Davis executed a mortgage to the American Mortgage Company of Scotland, Limited, upon certain lands, to secure the payment of money borrowed by her from said mortgage company.

Tried before the Hon. John Moore. The appellee, L. D. Bryant, brought an action of trover again the appellant, M. L. Stabler. On the trial of the cause in the circuit court, judgment was rendered in favor of the plaintiff. From this judgment the defendant appealed. The questions presented for review,on the present appeal arose from the ruling's of the trial court upon the evidence and the refusal of the court to give the charges requested by the defendant.

Tried before the Hon. S. II. Spjkott. This was an action brought by the appellees, Johnson Bros., against the appellant, William Brown; and counted upon a promissory note, alleged to have been executed by the defendant William Brown and one Bob Jackson. The defendant pleaded non est faetnin. The averments of this plea are sufficiently stated in the opinion.

Tried before the Hon. N. I). Denson. This was an action of trover brought by the appellee, B. F. Ponder, against the appellants, Weil Brothers. The only question presented for review on the present appeal arose upon the ruling's of the trial court upon the pleadings. The complaint as filed contains four counts. The first and third counts were substantially in the statutory form for an action of trover. .

Tried before the Hon. William S. Anderson. This Aims a common Irav action of ejectment, brought by the appellants against the appellee, Julia D. Negus, to recover a certain house-and lot in the city of Mobile. The plaintiffs are the sisters of one Gus Mescepts, deceased, who claimed title 'to the property sued for by inheritance, as the only li-eirs and next of kin of the said Gus Mescepts, deceased. The defendant pleaded the general issue.

Tried before the Hon. J. W. Foster. This action Asms brought by the appellee, Harriet S. Kyser,' as executrix of the last will' and testament of William J. Kyser, deceased, against the appellants, to' recoArer 120 acres of land specifically described in the complaint. The defendants AArere the heirs of Bryant Johnson, deceased.

Heard before the Hon. W. L. Parks. The bill iu this case was filed by C. E. Sellers, the appellee, against the appellant, B. G. Farmer, to compel the specific performance of a contract. The facts as .averred iu the bill showing the alleged contract are sufficiently stated iu the opinion. The respondent moved to dismiss the bill for want of equity. On the submission of the cause upon this motion, the chancellor rendered a decree overruling the motion.

Tried before the Hon. John C. Anderson. The facts of the case are sufficiently stated in the opinion. cited Lavretta v. Holcombe, 98 Ala. 508; Martin v. Hall, 70 Ala. 422; Kennedy v. Smith, 99 Ala. 83; Woolf olh v. Ingram, 53 Ala. 13; Ratliff v. Allgood, 72 Ala. 120; Gayle v. Johnson, 80 Ala. 388; Harbin v. Bell, 54 Ala. 389; Smith v. Heme-man, 118 Ala. 202; Code, §§ 544, 3133, 3770. cited Smith’s Condensed Reports, 9; Code of 1896, § 544;- Ryan v. Gouch, 66 Ala. 244.

Heard before the Hon. Thomas H. Smith. The bill in this case was filed by the appellee, Polly Williams, against the appellant, Robert Cabbell, and sought to have the defendant enjoined from maintaining an obstruction of a public road. The facts averred in the bill are sufficiently stated in the opinion. The defendant demurred to the bill upon fifteen grounds.

Heard before tire Hon. W. H. Tayloe. Miss Susan E. Rouse died on September 7th, 1891, leaving a last will and testament. In this will Frederick (1. Bromberg was nominated as executor. . As such executor he filed the will in the probate court of Mobile county for probate. There was a contest of .the probate of the will instituted, but it was subsequently dismissed.

■ Aupeae from tlie Chancery Court of Sumter. Heard before the Hon. Thomas H. Smith. The bill in this case was filed by the appellant against the appellee. The facts of the case are sufficiently stated in the opinion. Fraud vitiates everything; and an asserted title founded upon fraud is utterly void, and a court of chancery alone has the power to so declare it. — See 3 Brick.

Tried before the I-Ion. William S. Anderson. This was an action brought in the name of the United States for the usé and benefit of Benjamin T. Barrett, doing business under the name of Barrett & Co., ag'ainst the American 'Surety Company, to recover $303.95 and interest for material furnished by Barrett & Co., and which were used in tlie erection and construction of a postoffice building at Meridian, Mississippi, which building1 B. F. Stmvell & Co. contracted to erect, and…

Tried before the lion. J. C. Kichardson. The appellant, T. W. Shows, brought an action of detinue against J. G. Wilkins, R. H. Wilkins and Ma riah Wilkins, to recover possession of 75 bushels of ■corn and 500 pounds of fodder.

Heard before the Hon. Price Williams, Jr. John L. Mueller died by 'committing suicide on April 16, 1897. He left surviving him his widow, Louisa Mueller, but no children or their descendants; and his mother and several sisters also survived him. A. S. Lyons was appointed administrator of his estate. On March 9, 1899, the administrator made application for final- settlement and filed his accounts and vouchers therefor.

Heard before the Hon. John C. Carmichael. The hill in this ca-se was filed by the appellant, Henrietta -A. -'Lindsay, against the United States Savings & Loan Company.

Affeal from the Chancery Court of Montgomery. Heard before the Hon. Jure N. Williams. The bill in this case was filed by the appellees against the appellants. The facts of the case necessary to an understanding of the decision of the present appeal, are sufficiently stated in the opinion.

Heard before the Hon. J. R. Dowdell. The bill in this case was filed by J. A. Lancaster, M. N. Due and Louis A. Bates, as special administrators of the'estate of Horatio B. Tulane, against Josiah 31 orris & Company, a firm composed of F. 31. Billing, F. 31. Billing individually, and 3IcKinnev Thomas.

Heard before the Hon. James W. Lapsley. James H. Savage and D. 0. Savage filed the bill in this case against Thomas L. Johnson and Pinson Bros. & Go.; and prayed to have reviewed a decree rendered in a chancery suit, wherein Thomas L. Johnson was' complainant and James H. Savage and D. 0. Savage and Pinson Bros. & Go., and the individual member's of said partnership, were parties respondent.

Heard before the I-Ion. William II. Simpson. The bill in this case was filed by the appellee, Milton Humes, against the appellant, John Higman, Jr., and another, and sought to have a mortgage executed to the defendant ' Higman declared a cloud upon the title of the complainant, and further prayed that the title to said lands specifically described in said bill be invested in the complainant, and that the defendant John I-Iigman, Jr., be perpetually enjoined from asserting…

Tried, before the Hon. William S. Anderson. This was an action for . money had and received, brought by the appellee, R. M. Sands, as administrator of the estate of John Nardin, deceased, against the appellant. Frederick (i. Bromberg. The facts of the case are sufficiently stated in the apinion. Upon the hearing of all the evidence, the court at the request of the plaintiff gave the general affirmative charge in his behalf.

Heard before the Hon. Richard B. Kelly. The bill in this case was filed September 25th, 1895, by the appellant, Lola McQueen, against W. I). Held: that the complainant was not entitled to redeem more than one-third undivided interest in said lands, for that, the two other heirs of said McQueen — Atwood B. and Claude M. McQueen— were barred of their right to repudiate the foreclosure sale and redeem the property, and that complainant was entitled on redemption to charge the…

Heard before tlie Hon. A. I). Sayre. The bill in this case was filed by the appellant, Judah T. Moses, against the Philadelphia Mortgage & Trust Company and .David Wright. The purposes of the bill and tlie facts disclosed therein me sufficiently set forth in the opinion.

Heard before the Hon. John C. Cakxiichael. ■Thomas Y. Cain, a citizen of Jefferson county, Alabama, died in September, 1899, leaving a last will and testament, which was duly probated in Jefferson county on November 7, 1899. The widow of the testator survived him. He left no children, but four brothers and the children of a deceased sister survived him.. The will is copied in the opinion.

Tried, before the lion. James W. Lapsley. T'liis was a common law action of ejectment, brought by the Anniston City Land Company against W. J. Edmondson, for tlie southwest i of the southwest -j: of section 31, township 15, range 8 west, in Calhoun county, Alabama, and was instituted on February 20, 1897. In the complaint the demises were laid in the following persons; ..Benjamin Johnson, A. 0.

■Heard before the Hon. William H. Tayloe. The facts of the case -are sufficiently stated in the opinion. The judgment of a court of competent jurisdiction rendered on the merits of a cause is final and conclusive of the matter involved. — Tanlcersley v. Pettis, 71 Ala. .179, 186; Strong v. Moog, 12 Ala. 460. This principle is applicable to a settlement by an administrator of his accounts in the probate court. The case of Waring v. Leíais, 53 ilia. 615, is directly in point.

Tried before the I-Ion. G-esner Williams, Special Judge. This was an action of detinue, brought by the appellee against the apellant, to recover certain personal property described in the complaint. Prom a judgment in favor of the plaintiff the defendant appeals. The facts of the case'are sufficiently stated in the opinion.

Tried before the Hon. Thomas H. Smith. The bill in this case was filed on September 24, 1900, by the appellee, Henry Neville, against the appellants,. William Deegan, Michael Smith and John McAdory.

Tried before the Hon. William S. Anderson. This action was brought by the appellees, Hieronymus Bros, against the apellants, W. K. Syson & Co. The complaint contained the common counts.

Tried before the Hon. John H. Disque. This suit was originally commenced by the appellee, G. L. Johnson against the Queen City Bank of Gadsden; and sought to recover dividends which had been declared by said bank on a certificate of stock in said bank.

Tried before tlie Hon. William S. Anderson. R. M. Bands, as administrator of John M. Nardin, deceased, and Tell Nardin, brought this action against Mobile County to recover $9'60 alleged to be due the plaintiffs for interest for the years 1887-1898, inclusive, on a one thousand dollar bond, 'issued by Mobile County, bearing interest at 8 per cent, and payable semi-annually, as evidenced by coupons attached to said bond.

Tried before the Hon. John C. Anderson. This suit was brought by the appellee, P. 0. Massie^. against the appellant, William L. Martin, to recover of the defendant five hundred dollars ($500), the-amount claimed to be due the plaintiff under-' a certain contract by which the plaintiff agreed, to perform certain work for the defendant in codifying, the laws of Alabama. The original complaint counted upon a special contract in writing which is set out therein.

Tried before the Hon. H. 0. Speake. This was an action brought by the appellant against the appellee; and counted upon a promissory note which was given by the defendant to the plaintiff' in payment of his subscription to the capital stock of the plaintiff. The defendant pleaded the general issue and several special pleas. To all of the special pleas, except pleas numbered 8, 10 and 11, demurrers were sustained. The cause was tried upon issue joined upon these pleas.

Heard before the Hon. R. B. Kelly. The bill in this case was filed by the appellee, Mary C. Adams, against the appellants; and sought to enforce a vendor’s lien. The facts of the case are sufficiently stated in the opinion. On the final submission of the cause, upon the pleadings and proof, the chancellor decreed that the complainant Avas entitled to the relief prayed for and ordered accordingly.

7. Building and loan association; forfeiture of borrower’s stock; when borrower entitled to credit on mortgage debt for cash surrender value of stock. — When a… Held: in view of the peculiar features of. the contract, that Mrs. Falls never .became a shareholder. The fortfeiture was authorized by the contract and is valid. — So. B. & L. Assn. v. Anniston L. cG T. Co., 101 Ala. 582; Freeman v. Ottawa B. A L. Assn., 114 111. 182; Pioneer S. cG L. Co. v. Cannon, 96 Tenn. 599.

Heard before the Hon. Thomas H. Smith. Eugene McDonnell died in Mobile county in October, 1891, and left a last will and testament. This will was duly probated by the probate court of Mobile county in November, 1891. The widow, Mary McDonnell, died in the summer of 1898.

Tried before the Hon. J. M. Carmichael. This action was brought by the appellant, W. W. Wright, against the appellee, J. E. Waller; and counted upon a written contract for rent. The fact of the case, so far as they are necessary to an understanding of the decision on the present appeal, are sufficiently stated in the opinion. There were verdict and judgment for the defendant.

Tried before 'the Hon. A. D. Saves. • This action was brought by the appellant, J. H. Naftel against the County of Montgomery; and counted upon an account for work -and labor done in performing an autopsy and making a microscopical examination on the body of Kate Cahalan. Upon issue joined upon the plea of the general issue, the cause was tried upon an agreed statement of facts, without the intervention of a jury.

Tried before the Hon. J. A. Bilbro. This was a statutory action of detinue, brought by :the appellant against the appellee, to recover a strip of land used and occupied by the defendant as a right of way for its railroad.

Heard before the Hon. Price Williams, Jr. John M.. Ladd, Jr., and Frank M. Ladd, the appellees,, filed their petition in the probate court of Mobile county praying that certain property be sold, for the purpose of division among the tenants in common who were the petitioners, and U. Virginia Ladd, Antoinette Ladd,. Mary E. Chambers, Nettie Hollinger, Jessie Hollinger,. Lewis Hollinger, Unity V. Hollinger, and Aline Hollinger. .

Tried before the 1-Ion. A. H. Alston. This action, as originally instituted, was a statutory action in the nature of ejectment, brought by Frances Powe, by her next friend, Alice Powe, against the appellant, Ed. Dougherty, to recover certain lands specifically described in the complaint. The cause was tried upon issue joined on the plea of the general issue.

Tried before tlie Hon. Charles A. Senn. This was a common law action of ejectment- against the appellants, Pink Scales and his wife Susie Scales. The complaint declared on four several demises, as follows : From M. M. Otts; C. H. Caldwell and others, heirs of H. M. Caldwell; C. H. Caldwell and others, executors of H. M. Caldwell; Marion Duncan and Helen Nall, only children and heirs at law -of Samuel B. Otts.

Tried before the Hon. W. W. Wilkerson. This was an action originally brought by the Bank of Montgomery against May S. Fitzpatrick and R. A. Fitzpatrick; and -counted upon a promissory note. The cause ,was discontinued as to R. A. Fitzpatrick, who was not served with process. The averments of the complaint and the demurrers thereto are set forth in the opinion.

Tried before the Hon. W. W. Wilkebson. On March 10, 1891, the appellants, Steiner Brothers, instituted a suit in the city court of Birmingham against William Berney tt> recover the sum of $2,000 alleged to be due by promissory note. On September 21, 1891, the plaintiff in said suit sued out an ancillary writ of attachment aga'nst said Berney, which was executed on September 22, 1891, by the sheriff serving a sheriff’s garnishment on the First National Bank of Birmingham.

Tried before the Hou. N. D. Denson. This action was brought by the appellees, J. A. & L. ■C. Tucker, agaiust M. A. Andrews, T. H. Allen and J. D. Moorefield, composing the firm of Andrews, Allen & Moorefield. The complaint, as originally filed, contained three counts. The first count was for $150 due for work and labor done for the defendant by the plaintiffs on October 15, 1896. The second count was on an acoount stated on October 15, 1896.

Appal -from tlie Circuit Court of St. Clair. Tried before the I-Iou. Joi-in Pelham. The original action in this case was brought by the appellee, J. T. Chambers, against the Lathrop-Hatton Lumber Company; and sought to recover an amount agreed to be paid by the defendant to the plaintiff for timber furnished by the plaintiff to the defendant.

Tried, before the Hon. John C. Caiuiioiiael. The bill in this ease was filed by the appellant, J. A. Wiggs, Jr., against O. W. Winn on December 3, 1898.

Tried before Hon. James Jackson, ¡Special Judge. This action was brought by the appellant, Frank Moody, as receiver of the Bank of Commerce, against tlie appellee, Kate A. Keller, as executrix of A. H. Keller, deceased, and was instituted on November 29, 1897. The complaint contained nine counts.

Heard before the Hon. James E. Horton. The proceedings in this case were had upon a contest over the probate of the will of Mary Ann Walton. The will was propounded for probate by the appellee, John II.

Tried before tlie Hon. A. A. Coleman. Tliis was a proceeding instituted by tlie appellant, J. G. Burgin, in a court of a justice of tlie peace of Jefferson county, to revive a judgment against tlie appellee, tlie Ivy Coal & Coke Company, which was alleged to have been rendered against it as garnishee on April 21, 1896, pursuant to a judgment nisi previously taken in default of answer by said garnishee.

Tried before the Hon. John H. Disqde. This was a common law action of ejectment, brought by the appellees against the appellants. The facts of the case necessary to an understanding of the decision on the present appeal, are sufficiently stated in the opiniou. The cause was tried by the court without the intervention of a jury, and upon the hearing of all the evidence, the court rendered judgment in favor of the plaintiffs.

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

<p>Appeal from the Circuit Court of Montgomery,</p> <p>Tried before the Hon. J. C. Richardson,</p>

<p>Appeal from the Pike Chancery Court.</p> <p>Heard before the Hon. R. B. Kelly.</p>

<p>Appeal from tl e Tuscaloosa County Court.</p> <p>Tried before the Hon. J. J. Mayfield,</p>

<p>Appeal from St. Glair Chancery Court.</p> <p>Heard before the Hon. R. B. Kelly.</p>

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

<p>Appeal from the ITale Chancery Court.</p> <p>Heard before the Hon. Thomas IT. Smith.</p>

<p>Appeal from the Escambia Circuit Court.</p> <p>Tried before the I-Ion. William S. Anderson.</p>