The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1900-01-11
WANTS PROPERTY
AND DAMAGES
S. G. KIeinsarge Alias John Klein
Again in Court.
FILES AN EJECTMENT SUIT
Alleges Unlawful Possession and De-
tention of Two Lots in Twentieth
Street-Unusual Proceed
ings in a Divorce Suit

$. G. K1einsarge, alias John Klein,
through his attorneys, benson and Tanner,
has begun an ejectment suit in the circuit
court against Henry e. Klein and Others
and also sues for $4,000 as damages for the
alleged detention of the property at issue.
The defendants named in the complaint
are Henry E. Klein, Joseph T. Loyeless,
C. c. Chies as individuals, also Loveless &
Chiles, partners in trade composed of above
named individuals; Howard Alexander,
William w. Ransom, John A Moore, T. V.
Small. A. H. Small and James A Carter
The complaint filed with the clerk of the
circuit court reads as follows:
"PlaiRtin sues to secure possession of the
following tract of land lying in the city
of Birmingham, jefferson county, Alabama,
to-wit: lots Is and 10, in block 14S, which be-
gins at the northwest corner of Twentieth
street and Ave. d and and fronts 50 feet OH
the west side of Twentieth street and runs
back along the line of the north side of
said Avenue d 100 feet in uniform width,
the same being a rectangular square so
feet on Twentieth street by 100 feet on
Avenue D. together with all singular and
tenements. Entertainments and .appurtan-
appertaining of which the said plaintiff
was in possession and upon which, pending
such possession and before the commence
ment of this suit the defendants entered
and unlawfully withheld. together with $780,
900 for the detention thereof"
The lots described are located at Avenue
D and Twentieth street and are covered
by the two-story brick building, the ground
floor of which is occupied by II. e. Klien's
drug store. The second floor is divided in
to rooms which are used as sleeping apart
ments
Henry I<lien, one of the defendants,
is a son of S. G.. Kleinsarge, the plaintiff,
and the other defendants are tenants of
his.
Sometime ago Mr. Kleinsarge instituted
an equity suit in the ehancery court against
IL. e. Klien and others in which he sought
to recover the above described property,
alleging that he had not received full value
for same. The bill was thrown out of court
two or three weeks ago.
Two ejectment suits were filed in the cir
cult court yesterday by M. w. Bruce, j. b.
Wood, o. w Wood and J. S. Wood, one
against R. w. McNeal and the other
against John E. Wood.
The suit against McNeal was brought to
recover possession of a portion of lot II,
block 2, Woodlawn (Nancy A. Woods sur
vey), and the one against John E. Wood to
recover possession of lots Il and 10, block 2,
Woodlawn, same survey.
The case of j. M Wright VS.. North Bir=
mingham Railroad company was given to
the jury late yesterday afternoon. Judge
Coleman gave written charge.
City Cow
decree of divorce granted David Blu
ford last June in the city court was set
aside yesterday, on petition of Martha Blu
ford, the respondent. Mrs. Buford in her
petition to have the decree set aside al
legged that she had never received personal
service prior to the granting of the decree,
nor did she receive a copy of the decree.
On the establishment of these facts the de-
cree was ordered set aside, and the suit for
divorce will have to Zoe tried again.
Judgment was entered in THE city court
for s2S039 in the case of r. B. Snowden VS..
the Lady Ensley Coal, Iron and Railway
company. The suit was on a promssory
note.
In the case of Mrs. Maggie Manner VS..
the Birmingham Railway and Electric
company a mistrial resulted, the jury
being unable to agree.
CRIMINAL Court
r. d. O'Dell is on trial in the criminal
court on the charge of grand larceny 1t
is alleged that O'Dell took $495 in money
from Banks Hyde in a saloon in this city
"a few months ago. He was brought back
from Chicago, where he was arrested sew
eral weeks ago.