The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-09-05
JUDGE SHELBY
CONFIRMED SALE
Of Highland Avenue and Belt
Railroad.
REFUSED To SET IT ASIDE
Formal Opening OF Federal Court-The
Grand Jury Organized in Grim
inal Court and Fall Term
Has Begun.
REFUSED To SET IT ASIDE

Judge David D. Shelby, of the United
States circuit court yesterday confirmed
the sale of the Highland Avenue and Belt
railroad, which means that as soon as the
terms of the sale are complied with the
property will be turned over to its new
owners.
Judge Shelby arrived in the city yester-
day morning, and made his first appearance
on the local bench at II o'clock, when he
called the fall term of the court to order
He made a most favorable Impression as
jurst, and at the noon recess was warmly
greeted by number of the prominent
members of the Birmingham bar, and ex-
pressed his appreciation of the cordial re-
cepton.
The first matter taken up was the bill OF
exceptions to the special masters report
of the sale Of the Highland Avenue and
Belt property, in which 1t was sought to
have the sale set aside on the ground that
the amount received was not sufficient to
pay the debts of the corporation. The bill
was filed by Colonel Sam VIII John in be-
half of F. B. Robbins. Similar bills were
filed by Lane & White in behalf of Matilda
]. Swope and A. NJ. South, but some settle
ment was effected in these two cases and
the bills withdrawn.
Colonel John presented his claims to the
court, arguing that the purchaser of the
property was virtually the debtor repro
senting the largest stakeholder, and lhat,
inasmuch as the property had been bought
in at a less price than the Indebtedness, 1t
was relieving the debtor without satisfying
the creditor. The case was submitted, and
the court promptly intimated that the mo-
ton would be denied.
The report of Special Master Trimble
was submitted, but pending a decree of
confirmation was deferred until the after
noon session.
In the case of w. II. benson against the
Chattanooga National Building and Loan
association an order of dismissal was en-
tered on motion of plaintiff.
Charles Douglas, a United States prs-
ore-, who has been confined in the county
1all, was brought before the judge and
recognized to appear before the adjourned
term of court.
A recess was then taken until 3 o'clock,
al which hour Judge Shelby came on the
bench and rendered a decree confirming
the sale of the Highland Avenue and Belt
property. Court was then ordered adj
journed until 10 O'Clock this morning,
when such other matters as require atten-
ton will be taken up, and when disposed
of the court viii be adjourned over to
Monday, November G.
Criminal Court
The Tall term OF the criminal court be-
gan yesterday with Judge Greene on the
bench J-be entire morning was devoted
to the work OF organizing a grand jury,
which was completed as follows:
George VI. Morrow, foreman: W. II.
Moorer, Jim Mauldin, \. D. Smith. George
d. Benton. w. II. Dukes, ]. W. Sellers, o.
B. Short, J. w. Price. r. F. Vines, Frank
Lacey, L. j. Livingston, w. a. Bradford,
A n. Miller and ]. b. Gibson.
Adjournment was then taken until
o'clock this morning, when the INSIDE
meanor docket will be taken up.
City Court
Laura Brown, Administrative of the
estate of John Brown. deceased, through
her attorneys. benson & Tanner, has filed
suit in the city court against the Southern
Railway company for $4,000 damages. The
complaint alleges that Brown was struck
BY a train of the defendant company at
the Coalburg station or September Z, 1898
and received injuries from which he died
in January last.
Fighting Forest Fires