The age-herald., 1899-04-20
DECISION OF THE
 SUPREME COURT
Affecting the Building and Loan
 Associations of the State.
CASE OF ESTHER SHELDON
Decision of the Jefferson County Chan cery Court Favorable to the Loan Company was Sustained
 Other Cases ofInterest

Montgomery, April 19.-tSpecial )-Among the decisions handed down by the supreme court this morning. was one of general in- terest involving the question of whether Alabama building and loan associations had the right to carry on their business in this state.
 The case before the court was that of Esther Sheldon vs. the Birmingham Build Ing and Loan association, appealed from the Jefferson county chancery court The decision of the chancery court in favor of the building and loan company was sus- tained. i1 this case the complainant says that the contracts between the parties and herself were usuIious, and for that reason void.
 Judge Sharpe, who rendered the decision says that decisions are numerous and dis customs divers as to whether a charge for interest on the amount of the premium in- 1eets the contract with usury "On such terms as may be described by the bylaws is the broad privilege extended by the stat ute Tn respect to making loans The by- ia"s passed in pursuance of that power is iiade part or the complainants contract. u IS as iolows Any member taking an advance or loan shall pay to the associa tloh, m audltlon to his or her dues for monthly shares, monthly interest on the gross amount of the advances or loan at the rate of per cent. Der annum''
 The power to take the premium applies poth to the interest and the amount bor- rowed to pay to the premlum 4ne com plalhaht owed as tEe premium debt when was separate from the loan. The pafues mad right to make terms as to in- terest and mode of payment
 .Ill Shar
 follows: 'S
 Filing to show by the facts ayerred any usurious or illegal exactions of the com plainant emitting her to relief the bill is without equity. The courts do not relieve rom the mere hardship of contracts. bur must accord to the parties their legal rights acquired under them. The suit relates to the separate property of the complainant ana was therefore improperly brought in the name of a next friend''
 Supreme Court Decisions
 The following decisions were handed down today:
 Mcclellan, c. J.-Phillip Shorter, admr., etc, vs Southern Railway company, appeal from Birmingham city court; affirmed.
 Birmingham Shoe company vs. Torrey, Curtis & Tirrell. ct al., appeal from Bir- mingham city court; affirmed.
 Haralson, J-Eagle Life Association ys Fannie E. Redden, appeal from Fillmore cir
  cult court; affirmed.
 Alabama Midland Railway company vs. James c, McGill, appeal from Dale circuit court affirmed.
 James F. Jones, assignee, vs. Capital City Insurance company, appeal from Conecuh circuit court; reversed and remanded.
 Tyson, J.-Cochran & Ramsey vs Albert Adler ct al., appeal from Birmingham city court; affirmed.
 w. T Brazel ct al. vs. New South Coal company, appeal from Walker circuit court appeal dismissed Rule nisi awarded against present judge of Walker circuit requiring him to appear on Thursday the 11th day of May, 1899, and show cause why pre-emptory mandamus shall not issue.
 George L. Anderson ct all vs. English & Webb, appeal from Birmingham city court affirmed.
 Sharpe, J.-Levi Weingartner ct al. vs. S. Marcus, Jr., ct all, appeal from Birming- ham city court; reversed and remanded.
 Esther Sheldon pro ami vs Birmingham Building and Loan association, appeal from Jefferson chancery court; affirmed.
 T.. H. Norton vs. J. O. Kumpe ct al.. ap- peal from Lawrence circuit court; reversed and remanded.