Volume 64 — Alabama Reports

Tried before the Hon. John A. Minnis. This action was brought by the Merchants’ & Planters’ National Bank of Montgomery, Alabama, a corporation chartered under the acts of Congress, against A. Whilden & Sons, a mercantile partnership doing business in Philadelphia ; and was commenced by attachment, sued out on the 29th May, 1873, on tlie ground of the defendants’ non-residence. The original complaint contained four counts, and five other counts were added by 'amendment.

Heard before tbe Hon. William Weeden, as special chancellor, selected by the parties on account of the incompetency of Hon. H. C. Speake, who bad been of counsel in the cause. Tbe bills in these two cases were filed on tbe 24th March, 1873, in the Chancery Court of Jackson county; and the causes were transferred to Madison county by consent.

In the matter of tbe petition of Mrs. Narcissa Scruggs, tbe widow of John W. Scruggs, deceased, for an assignment of dower in certain real estate in said county, of which her said husband died seized and possessed. The petition was filed on tbe 8th November, 1877.

Tried before the Hon. James Q. Smith. This action was brought by W. W. Cariker, Mattie Oariker, S. C. Cariker, J. H. Cariker, S. E. Cariker, F. L. Adams, S. C. Cariker, A. B. Cariker, and F. M. Cariker (the last two being infants, and suing by,their next friend), against James H. McBrayer, to recover a tract of land in said county containing about two hundred acres', being a part of section twenty (20), in township twenty (20), range twenty (20), together with damages for…

Tried before the Hon. W. C. McIyer, an attorney of the court, selected by the parties on account of the incompeteney of the presiding judge, Hon. James E. Cobb, who had been of counsel in the cause.

Heard before tbe Hon. N. S. Graham. The original bill in this case was filed on the 12th May, 1875, by Champion Marable, against James Yaughan and the administrators of tbe estate of Ichabod Phillips, deceased ; and sought to restrain by injunction the sale of certain lands, under a power of sale contained in á mortgage, which the complainant bad executed to said Yaughan, and to Lave the mortgage declared void and cancelled, on tbe ground of maintenance, fraud, want of…

Heard before the Hon. N. S. Graham. The original bill in this ease was filed on the 19th May, 1879, by Thomas M. Pace, against John W.… Held: on final hearing on pleadings and proof, that the personal representative of the donor, Stephen Pace, senior, was entitled to the fund; that under the terms of the gift, as shown by the verbal declarations proved by Herbert, the funds reverted to the donor’s estate, on the death of the minor before attaining his majority, and without…

Heard before the Hon. N. S. Graham. The bill in this case was filed on the 21st March, 1871, by Charles S. Shorter and others, children and heirs at law of James H. Shorter, deceased, against Addison Frazer and others; and sought to enforce a vendor’s lien on a certain tract of land, which was particularly described, for the payment of a note alleged to have been given for a part of the purchase-money.

Tried before the Hon. W. B. Wood. This action was brought by Ben Huguley against S. Gassenheimer, and was instituted in the Probate Gourt, on the 3d September, 1877. The proceeding was founded on the statute Code (§§ 3521-35), and sought a partition of crops between the plaintiff and defendant.

Tried before the Hon. James B Cobb. This was a statutory trial of the right of property in and to a certain sum of money in the hands of the sheriff, amounting to $233, between C. A. Bedd & Co., plaintiffs in attachment against John W. Hurt, and George T. Hurt as claimant.

In the matter of the final settlement and distribution of the estate of Charlton Wright, deceased, by Moses T. Wright, the administrator de bonis non, with the will annexed.

Tried before the, Hon. W. B. Wood. This action was brought by Moses Bentley against James Walker, and was commenced before a justice of the peace, on the 6th August, 1873; the cause of action being a promissory note for $128.86, executed by the defendant, dated February 9th, 1872, and payable to the plaintiff or order one day after date, on which the balance due was $56.86, after deducting the credits indorsed.

<p> Action on Promissory Note, by Payees against Maker. </p> <p>1. Sale of fertilizers, without compliance with inspection taws. — Under the provisions of tile act approved March 2, 1871, requiring the inspecting, stamping and branding of fertilizers (since repealed), there could be no recovery for the price of a fertilizer, which had not been inspected, stamped or branded, as required by the second section of that act.</p> <p>2. Same; sufficiency of plea in averment of facts, or legal conclusions. — In an action on a promissory note given for the price of a fertilizer sold by plaintiffs to defendant, a plea averring that the fertilizer had not been inspected, stamped or branded, as'required by the second section of the said act, is not objectionable for vagueness or indefiniteaess, nor as averring legal conclusions instead of facts.</p> <p>3. Same; place of sale; sufficiency of plea. — Although the said statute had no extra-territorial operation, and did not affect the validity of sales made in another State; yet, in a plea setting up a failure to comply with the requisitions of the statute, in defense of an action on a note given for the price of a fertilizer, it is not necessary to aver that the sale was made in Alabama : if it was not made here, the fact would be good matter for a replication to the plea.</p>

Tried before tbe Hon. James E, Cobb. This action was brought by Thomas D. Hart, against Battle Eoss and James Garner, to recover the possession of a tract of land, with damages for its detention ; and was commenced on the 21st July, 1875.

Heard before tbe Hon. N. S. Graham. The bill in this case was filed on the 31st December, 1872, by tbe persons composing tbe firm of Allen, Preer & Illges, a mercantile partnership doing business in Columbus, Georgia, against George D. Connor, Mrs. Eugenia Coles and her husband, and others; and sought to obtain the confirmation of a sale of certain lands, under a power contained in a mortgage executed to the complainants by said Connor, at which they indirectly became the…

Heard before the Hon. N. S. Graham. The bill in this case was filed on the 3d November, 1877, by William H. Barnes and Henry Clews, as trustees… Held: that if a surety, knowing of the existence of a mortgage, given by the principal for the payment of a debt, take a distinct security for his indemnity from the principal, he thereby waives his right of subrogation to the mortgage held by the creditor : “ He must proceed under one or the other of the two rights which he claims.

Tried before the Hoñ. John A. Minnis. This cause, or proceeding, was commenced by a petition under oath, filed on the 2d July, 1878, in the name of the State, on the relation of the persons composing the firm of Block & Go., praying for a mandamus to the Hon. Geo.

Heard before the Hon. H. Austill. The bill in this case was filed on the 8th September, 1875, by Mrs. Julia A. Wilson and her children by her deceased husband, William A. Wilson, against Daniel G. Dunklin, Allen Colley, S. F. Gafford, and Jesse M. Armstrong; and sought to set aside and vacate, on the ground of fraud, a decree in chancery which said Colley had obtained, in a suit to which Mrs. Wilson and her children were parties, enforcing an asserted vendor’s lien on a…

Heard before the Hon. C. W. Buckley. This was a summary proceeding, commenced by petition filed on the 7th April, 1875, by Eugene Beebe, against Patrick Robinson, to compel the delivery of the books and papers pertaining to the office of tax-collector of Montgomery county.

Heard before tbe Hon. H. Austill. The original bill in this case was filed on tbe 1st September, 1873, by George S. Scott, as a creditor of Robert J. Ware, deceased, on bebalf of himself and all… Held: the statute does not run in favor of the heirs.— Wood v. Wood, 26 Barb. 856; Van Wezel v. WycJcoff, 3 Sandf. Ch. 528.

<p>Appeal from the Circuit Court of Montgomery.</p> <p>Tried before the Hon. James Q. Smith.</p>

Application by petition, by Mrs. Mary Ann Dickson, for a writ of mandamus to the Probate Court of Montgomery county, Hon. 0. W. Buckley presiding, to compel that court to make a final settlement of the petitioner’s accounts and vouchers as executrix of the last will and testament of her deceased husband, David M. Dickson.

Tried before the Hon. J. Q. Smith. This action was brought by Mrs. M. L. Barber, tbe wife of John Barber, against Bunbury Flinn, and was commenced on tbe 4th January, 1876. Tbe complaint contained only the common counts for money bad and received, and money paid by plaintiff at defendant’s instance and request. The defendant pleaded the general issue, in short by consent, and issue was joined on that plea.

This was an application, by petition, at the suit of W. J. B. W. McCoy, for a writ of mandamus, or other appropriate-writ, directed to the Hon. John P. Hubbard, presiding in the-Circuit Court of Butler, commanding and requiring bim to quash the venire of grand jurors summoned for the November term, 1880, of said court, for the causes particularly set-forth and specified in the petitioner’s motion for that purpose, as made in said court and overruled.

Tried before the Hon. James Q. Smith. This was a petition by Robert Parker, duly verified by affidavit, asking a mandamus, or other appropriate writ, against Samuel D. Hubbard, as clerk of the Board of Revenue of Montgomery county, requiring him to sign and deliver to the petitioner a warrant on tbe county treasurer, under the facts stated in tbe opinion of tbe court. The court below sustained a demurrer to the petition, and its judgment is here assigned as error. 1.

Heard before tbe Hon. H. Austill. The original bill in this case was filed on the 27th May, 1874, by Lucco Mitchell and T. B. McCall, against John A. Broughton; and sought to subject a tract of land, of wbicb said Broughton was in possession, to tbe payment of tbe agreed purchase-money, according to the terms of a written contract between him and said T. B.McCall; and an amended bill was filed, after answer, making Mrs. Jane 0.

Tried before the Hon. John A. Minnis. This proceeding was commenced at the October term of said court, 1879, when the solicitor of the circuit filed in the court an information in these words : “ The undersigned,solicitor of the second judicial circuit, as in duty bound, and predicating his action upon the report of the grand jury sworn and impanneled for said term of said court; which report, as it appears of record, is referred to, and made a part of this information, so…

Heard before the Hon. H. Austell. • The bill in this case was filed on the 18th July, 1879, by AErs. Hattie L. Sampey, the wife of George G. Sampey, against Thomas W. Sims, J. W. Sampey, and said George G. Sampey. The following are its material allegations : That on the 27th November, 1871, Mrs. Ml. I).

Application by petition, under oath, by Captain Gilmer, for a mandamus, or other appropriate writ, to the Circuit Court of Montgomery, Hon. J. Q. Smith presiding, to compel that court to vacate and set aside a judgment rendered nunc pro tunc, as hereinafter set out, in a cause in which Margaret Robinson was plaintiff, and said Gilmer was defendant.

Tried before the Hon. John A. Minnis. This action was brought by J. E. Alford, against Robert Carter and his wife, to recover seven head of cattle, particularly described, with damages for their detention ; and was commenced in a justice’s court, on the 12th day of August, 1878. In the complaint filed in the justice’s court, the value of the property was alleged to be $15.

Tried before the Hon. John A. Minnis. This action was brought by Angus McLeod, against Thomas J. Crawford, and was commenced before a justice of the peace, on the 1st March, 1878.

Tried-before the Hon. John A. Minnis. This action was brought by George W. Sewell, against the appellants as partners, to recover the statutory penalty of $200, for the defendants* alleged failure and refusal, on his request, to enter satisfaction on the record of a mortgage which he had executed to them, and which he claimed was satisfied; and was commenced on the 8th January, 1879.

Heard before the Hon. H. Austill. The bill in this case was filed on the 20th October, 1872, by Mary E. Brown, Martha L. Willingham, and others, as the heirs at law of James J. Willingham, deceased, against John A. Tyson, Stephen Hawkins, and Harrison Stephenson, and against George W. McQueen as the administrator of the estate of said J. J. Willingham ; and sought to recover the possession of a tract of land, which had belonged to said Willingham at the time of his death,…

Tried before the Hon. John A. Minnis. This action was brought by Buckner H. Mitchell, against Thomas McCullough ; was commenced on the 20th August, 1877; and was founded on the defendant’s promissory note for $447.97, dated the 20th January, 1873, and payable on the 14th October, 1873, to the plaintiff or bearer.

Tried before the Hon. James Q. Smith. This action was brought by George N. Powell, against Hugh C. McCall, to recover damages for the conversion of two mules; and was commenced on tbe 25th November, 1878.

Heard before the Hon. H. Austill. The bill in this case was filed on the 2d June, 1877, by Joseph H. Thomas, as the administrator de bonis non of the estate of C. J. Stallworth, deceased, against Mrs. Susan J. Cunningham individually, and as the executrix of the last will and testament of her deceased husband, James Cunningham, who was the administrator in chief of the estate of said C. J. Stallworth; and also against John H. Farnham and E. W. Martin, as sureties on the…

In the matter of the appliéation of J. L. Hinson, as the administrator de bonis non of the estate of Charity Garrett, deceased, for an order to sell lands for the payment of debts; which application was contested by Caswell Garrett and others, devisees and heirs of said decedent. The court granted the order of sale as prayed, and its decree is here assigned as error.

Heard before the Hon. O. J. Semmes. In the matter of the application of Edward S. Marshall, for a writ of mandamus to Hon. Price Williams, Jr., probate judge of Mobile, commanding him to issue to the petitioner “ a State and county license to retail spirituous or vinous liquors,” at a designated place within the limits of the former city of Mobile, during the year 1880.

Tried before tbe Hon. John A, Minnis. The record in this case shows that, on the 16th March, 1878, the Montgomery Gas-Light Company, a corporation organized and doing business in the city of Montgomery, under the provisions of a charter, or act of the General Assembly, approved February 15, 1854,. filed its petition, addressed to the presiding judge of said court, asking a writ of certiorari, to remove into said court, for revision, certain proceedings then lately had by and…

Heard before tbe Hon. H. Austill. Tbe original bill in this case was filed on the 18th February, 1879, by Mrs. Jane Barksdale, against James M. Garrett, William M. Garrett, and M. L. Garrett; and sought an allotment of dower in certain lands, which were in the possession of the defendants, and which had belonged to Joel Burt, who died on the 28th November, 1858, and who was tbe complainant’s husband at tbe time of his death.

<p>Appeal from the City Court of Montgomery.</p> <p>Tried before the Hon. John A. MiNNis.</p>

Appeal, from the City Court of Montgomery. Tried before tbe Hon. John A. Minnis. In this case, au application by petition was made by Junius M. Riggs, tbe marshal of tbe Supreme Court and librarian, for a mandamus against Willis Brewer, tbe ■ State auditor, requiring that officer to draw bis warrant on tbe treasurer, in favor of tbe petitioner, for $166.66, as tbe salary due tbe petitioner for the month of February, 1879.

Tried before the Hon. J ohn A. Minnis. The record in this case shows that, on the 29th July, 1879, Elisha B. Lott filed his petition, which was under oath, addressed to the presiding judge of said City Court, then in session, asking a mandamus to Willis Brewer, the State auditor, commanding that officer to draw his warrant on the State treasurer, in favor of the petitioner, for the sum of $46,588.81, the aggregate of alleged over-payments into the treasury made by him, as…

Tried before the Hon. James Q. Smith. These two cases were argued and submitted together. In each case, the action was brought by Jacob Strauss, against S. A. Meertief; was founded on a breach of the same contract; was commenced before a justice of the peace, and was removed into the Circuit Court, by appeal, at the instance of the defendant. The first action was commenced on the 5th July, 1878.

Application by petition, under oath, by Jesse H. Boothe, William Montgomery, Thomas W. Hall, Noah W. Cox, and John M. Jones, composing the Board of Revenue of Autauga county, for a prohibition, mandamus, or other remedial writ, directed to Hon. James Q. Smith, presiding in the Circuit Court of said county, restraining all further action or proceedings under a writ of prohibition issued by him, at the instance of John B. Simpson, the sheriff of said county, against these…

Heard before the Hon. H. Austill. Tbe bill in this case was filed on tbe 24th December, 1875, by Mrs. Mary A. Whelan, against William M.… Held: 1st, that the insurance company was entitled to protection as a bona fide purchaser for valuable consideration without notice, to the extent of its mortgage debt, which was declared a first lien on the property; 2d, that McCreary’s purchase at the mortgage sale was legal and valid, and he was entitled to protection to the amount of…

Heard before the Hon. H. Austill. The bill in this case was filed, on the 15th May, 1877, by the Gulf City Paper Company, a corporation chartered under the laws of this State, against John L. Bapier, Joseph Hodgson, the personal representative of John Forsyth, deceased, and several other persons ; and sought to assert and enforce, against the conflicting claims and liens of the several defendants, the claimant’s rights to the property belonging to the printing establishment…

Heard before the Hon. IT. Austill. The bill in this case was filed on the 22d August, 1877, by William T. Hatchett, as the administrator de bonis non of the estate of Robert J. Glenn, deceased, against Mrs. Harriet Billingslea and her husband, H. C. Billingslea, and the heirs and-distributees of the estateiof said decedent; and sought to compel a settlement of Mrs. Billingslea’s administration on said estate.

.Heard before the Hon. N. S. Graham. The bill in this case was filed on the 29th September, 1873, by Newlin, Fernley & Co., J. B. Lippincott & Co., and… Held: that the bill was to be considered as an original bill in the nature of a bill of review, impeaching the former decree for fraud; that it was necessary, under such a bill, that the circumstances of fraud should be specifically alleged, and proved as alleged; and that the complainants had failed to make out their case.

Heard before the Hon. H. Austill. The transcript in this case shows that, on the 26th August, 1878, James H. Perdue, as the administrator de bonis non of the estate of Joseph A. Jones, deceased, having obtained a decree at the October term, 1877, of said Chancery Court, against Sarah J. Jones, for the sum of $305.73, with $180.20 costs of suit, made an affidavit before the register of said court, “that he believes process of garnishment against C. Madison Crews is necessary…

Appeals from the Chancery Court of Greene. Heard before the Hon. A. W. Dillard.

Heard before the Hon. A. W.' Dillabd. The original bill in this case was filed on the 17th May, 1875, by P. G. Nash, as the administrator of T. J. McCorkle, deceased, Martha E. Brown, as the administratrix of John G. Brown, deceased, and the Raymond Manufacturing Company, a corporation chartered under the laws of New York, all claiming to be creditors of William Lockard, deceased; against Pembroke S. Lockard and others, children of said William Lockard.

Heard before the Hon. A. W. Dillard. The bill in this case was filed on the 23d June, 1877, by Thomas Kelly, against Virginia A. Hendricks; and sought to enjoin a judgment at law in a statutory action of ejectment, which the defendant, had recovered against said Kelly, to cancel the defendant’s deed for the land, on which her judgment was recovered, and to quiet the complainant’s title and possession of the land.

Heard before the Hon. A. W. Hillard. The bill in this case was filed on the 21st September, 1877, by Thomas W. Sims, as a judgment creditor of Fountaine Gaines, against the said Gaines, and against… Held: that the complainant, as a judgment creditor, might have a right to redeem the land, but could not have that relief under the bill as framed. He therefore dismissed the bill, and his decree is here assigned as error.

Tried before tbe Hon. Luther B. Smith. This action was brought by George Ann Hailey (nee Hopper), against B. Chapman, as the administrator de bonis non of the estate of Matthew H. Boyd, deceased; was commenced on the 2d November, 1878, and was founded on tbe official bond of James M. Boyd and Jefferson Boyd as guardians of the plaintiff, on which said Matthew H. Boyd was one of the sureties.

<p> Statutory Real Action in nature of Ejectment. </p> <p>1. Appeal; joinder of judgments. — Two distinct final judgments, each of which would support an appeal, can not be united in one appeal, and errors assigned on each,</p> <p>2. What title will authorize recovery, — In ejectment, or the corresponding statutory action, the plaintiff must have a legal title at the commencement of the action, and that title must continue up to the time of the trial: if, before the trial, his title is determined or destroyed, he can not recover; as where he claims under a purchase at sheriff’s sale, and the sale is set aside pending the cause,</p> <p>3. Setting aside sale under execution. — A judgment of the Circuit Court, setting aside a sheriff's sale of lands under execution issuing from tbat court, is of the same dignity, as binding and conclusive, as any other judgment it may render ; and can not be impeached collaterally, for errors or irregularities.</p>

Heard before tbe Hon. A. W. Dillard. The bill in this case was filed on the 2d September, 1879, by the children and heirs of Mrs. Elizabeth M. Anderson, deceased, infants suing by their next friend, against Albert C. Hill, as the administrator of the estate of John C. Anderson, deceased; and against Mrs. Sailie R. Anderson, the widow of said John 0.

Appear from the Chancery Court of Lee. Heard before the Hon. N. S. Graham.

Tried before tbe Hon. James Q. Smith. This action was brought by Georgia Goodman, Lydia H. Pope and her husband, Ruth A. Sayre and her husband, and Eliza M. Richardson and ber husband, against John G. Winter, as tenant in possession, Mrs. Mary E. Winter intervening as landlord, to recover the possession of a lot, or tract of land, in the city of Montgomery ; and was commenced on the 3d December, 1869.

Heard before the Hon. B. S. Watkins. The bill in this case was filed on the 29th November, 1869, by Milton Humes, as the administrator de bonis non of the estate of George Steele, deceased, with the… Held: on final hearing, that she was barred from claiming dower, not having formally dissented from the will as required by the statute, and having held possession of the property devised to her by the will.

In this case, a petition was filed in this court, in the name of the State, on the relation of the City Council of Mont-' gomery, asking for a certiorari, or such other remedial writ as might be necessary, directed to the Hon. Jas.

Heard before the Hon. Charles Turner. The bill in this case was filed on the 24th May, 1879, by Frank S. Moody, as the administrator de bonis non, with the will annexed, of the estate of Edward Sims, deceased, against Felix F. Hemphill and his wife, Mary J., who was a daughter of said Sims; and against the personal representative and distributees of the estate of Jerusha Ready, deceased, who was also a daughter of said Sims, and the wife of Aaron Ready, deceased; and against…

In the matter of the settlement of the insolvent estate of Beojamin W. Hale, deceased, which was declared insolvent on the 13th March, 1877, and against which a claim, properly verified, was filed by Andrew J. Guard, the appellant, within nine months after the declaration of insolvency. On the final settlement, the court sustained objections to the allowance of this claim, and rejected it; to which ruling and judgment the appellant excepted, and he now assigns it as error.

In the matter of the application of William H. Hudson and others, heirs and distributees of the estate of Eichard H. Hudson, deceased, for a statutory execution against W. B. Modawell, administrator of said decedent, and S. S. King, E. A. Steele, and E. L. Steele, sureties on his official bond, an execution against said administrator having been returned “No property found.” The application was resisted by the sureties, and was overruled and refused by the court or judge.

Heard before the Hon. A. W. Dillard. The bill in this case was filed on the 9th October, 1877, by Beuben Chapman, against the personal representative and heirs of Mrs. Susan B. Lee, deceased; and sought to enforce a vendor’s lien for the unpaid purchase-money of a tract of land, which said Chapman had sold and conveyed to Mrs. Lee on the 23d September, 1858.

Heard before the Hon. Charles Turner. The original bill in this case was filed on the 18th March, 1869, by the Mobile Savings Bank, a corporation chartered under the laws of Alabama, against Thomas Gr. Barr, a nonresident ; and sought to foreclose a mortgage on a large tract of land in said county, containing over six thousand acres.

Heard before the Hon. A. W. Dillard. The original bill in this case was filed on the 19th August, 1872, by Scott Parker and others, children of Zeno S. Parker and Eebecca Parker, his wife, both deceased, against Seth S. Parker, Averett McYey, and several other persons; and sought to establish and enforce a trust, in favor of the complainants, in certain lands which were conveyed by said Zeno S. Parker, by deed dated the 17th December, 1858, to said Seth S. Parker, and of…

Heard before the Hon. Charles Turher. ' The bill in this case was filed on the 15th September, 1876, by Benjamin H. Portis, as administrator of the estate of Solomon W. Portis, deceased, and seems to have been revived and prosecuted in the name of M. L. Stabler, as administrator de bonis non, though the record does not show how or when the change was made. Calvin 0.

Heard before the Hon. EL Austill. The bill in this case was filed on the 2d January, 1878, by George A. Russell, a minor, who sued by his next friend, and who was a grandson of George W. Russell, deceased, against the widow and children of said decedent, and also against the Mobile Life Insurance Company; and sought a decree declaring the complainant was entitled to share in the benefits of a policy which the decedent had effected on his own life, in favor of his wife, “Mrs.…

Tried before the Hon. Harby T. Toulmin, This action was brought by the appellee, a private corporation, chartered under the laws of Alabama, against Jerry Kelly, to recover the possession of a city lot in Mobile, which the plaintiff claimed under a mortgage executed to it by said defendant. The cause was tried on issue joined on the plea of not guilty.

Charles Turner. The bill in this case was filed on - the 28th January, 1871, by Kimbrough & Purnell as partners, and assignees and owm ers of a mortgage executed by J. T. Thigpen to John J. Forniss, against the said Thigpen, W. B. Shields, and Milhous & Shields ; and prayed a foreclosure of said mortgage, an accounting with said Milhous # Shields; who had possession of the mortgaged property, claiming a prior mortgage on it; and for general relief.

Heard before the Hon. H. C. Speake. The original bill in this case was filed on the 28th day of August, 1878, by Thomas Burgess, against George W. Greene and William W. Greene , and sought to enforce a vendor’s lien on a tract of land, for an alleged unpaid balánce of the purchase-money; The land was sold by the complainant to one T. W. Henley, on the 18th December, 1872, and the defendants afterwards bought from Henley. The opinion of the court states all the material facts.

John Henderson, In this case, the appellants, as partners under the firm üame of C. S. Jones & Co., applied by petition to the Hon, John Henderson, presiding in the Circuit Court of Talladega, for a writ of mandamus, directed to F. C. McAlpine, as treasurer, and Thomas S. Plowman, as mayor of the city of Talladega. to compel them to issue a license to the petitioners for retailing spiritous liquors in said city for and during the year 1880.

Tried before the Hon. John White, an attorney of the court, selected by the parties on account of the incompetency of the presiding judge. This action was brought by Mrs. Martha E, Price, the wife of Thomas H. Price, against Milton E. Boggs ; and was commenced on the 15th September, 1873.

Heard before the Hon. N. S. Graham. The original bill in this case was filed on the 15th April, 1874, by Mary Pickett and Sarah Pickett, infants who sued by their next friend, against Haywood Pipkin, Eliza A. Pip-kin, his wife, Isaac L. Pipkin, his son, M. E. Pruett, his son-in-law, John Cameron, and R. B. Thornton ; and sought to set aside, as fraudulent, several conveyances by which said Haywood Pipkin disposed of his property to the different members of his family, and to…

Chancery Court of Montgomery. Heard before the Hon. H. Austill. The bill in this case was filed on the 13th May, 1874, by Handy Carter, a freedman, against M. Uhlfelder and Isaac Eraleigh, partners doing business, in the city of Montgomery, under the name of Uhlfelder & Co.; and sought an account of the various transactions had between the parties for a series of years, and equitable relief on the grounds of fraud and usury.

Tried before the Hon. H. D. Clayton. This action was brought by the appellants, suing as partners, against John B. Henderson; was commenced on the 10th September, 1872, and was founded on the defendant’s promissory note for $426.30; which was dated the 22d January, 1871, and payable to the plaintiffs or order, on or before the 1st day of November next after date ; and which purported to be given “ for value received, being for six tons of manipulated guano and expenses on…

Heard before the Hon. H. Austill. The bill in this case was filed on the 19th May, 1871, by D. D. Barr and J. W, Barr, against T. A. Collier and G. C. Collier ; and sought an injunction of a sale of property under a mortgage, an account of the mortgage debt, and equitable relief, in the statement of the account, on the grounds of fraud and usury.

Heard before the Hon. H. C. Speake. The bill in this case was filed on the 6th July, 1877, by G C. NeSmith, as the administrator of the estate of Bichard Draper, deceased, against Samuel E. Draper .and others, as heirs and distributees, Green P. Bice and others, as creditors of said estate, and against himself, as guardian of said Samuel E. Draper; and sought to restrain proceedings in the Probate Court for the settlement of said estate, and of said guardianship, and to…

Tried before the Hon. Louis Wyeth. This action was brought by David Ricketts, against John D. Weeden, and was commenced on the 1st October,-1868. The original complaint was in these words : “ The plaintiff claims of the defendant $¿70, due by promissory note made by him and one T. J. Eubanks, on the 29th day of January, 1861, and payable on the 29th day of January, 1861, with interest thereon.

Tried before the Hon. Louis Wyeth. This action was brought by Benjamin J. Baker and others, claiming as heirs at law of Mrs. Martha Maria Jones (after-wards Washington), to recover the possession of a tract of land in said county, containing 320 acres, with damages for its detention; and was commenced on the 16th November, 1871.

Heard before the Hou. H. C. Speake. The bill in this case was filed on the 28th January, 1873, by the persons composing the firm of A. Bradley & Co., merchants and partners in trade, doing business in the city of Pittsburg, Pennsylvania, as creditors of William Ragsdale & Brother, a mercantile partnership composed of William and John Ragsdale, doing business at Florence, Alabama, against the said Ragsdales, and William P. Tanner ; and sought to set aside, as fraudulent, a…

Tried before the Hon. W. B. Wood. This action was brought by Joseph Wheeler, against William Walker and his wife, Mrs. Mary F. Walker; and was commenced on the 25th June, 1875.

Heard before the Hon. N. S. Graham. The bill in this case was filed on the 8th January, 1878, by Mrs. Victoria Boyleston, the wife of Joseph C. Boyleston, against William'M. Farrior, D. W. McRee, and her said husband ; and sought, principally, the cancellation of a deed, by which her husband conveyed to said Farrior atract of land, which the complainant claimed under a deed of gift from her father, Franklin Auglin, as belonging to her statutory separate estate.

Appear from the Circuit Court of Jackson. Tried before the Hon. Louis Wyeth. This action was brought by Claiborne W. Hunt, as the administrator de bonis non of the estate of William L. Shelton, deceased, against Paschal St. Clair and others, and was commenced on the 30th August, 1875.

Appeals from the Chancery Court at Montgomery. Heard before the Hon. H. Austill. Held: under the call of B. H. Micou, the president, at which the following proceedings were had, as shown by the record or minutes of its proceedings : “ December 30, 1870.

Heard before the Hon. Charles Turner. The bill in this case was filed on the 19 th March, 1873, by James B. Johnston and John A. Stewart, as… Held: a dissolution of all the old companies, and the formation of a new company, or, as the appellant insists, merely a continuance of the oíd Alabama company under a new' name, and with enlarged powers — whether the old company is to be regarded as dead, or as still living — the present company is fully bound by all the contracts,…