The age-herald., 1901-05-08
LITIGATION OVER
 MARY LIE MINES
Polite Answers Filed Yesterday
 to Cross Bill
SOME NICE LEGAL POINTS
Lewisbure Coal and Coke Company Claim Mines Under a Lease-The Stockholders Claim Right To
 ForecIose for $24o,ooo.

In the case of the Maryland Trust Com pany as trustee vs. the Lewisburg Coal and Coke Company. now pending in the United States Court. an answer was filed yesterday by the Trust Company to the cross-bill of the defendant
 This suit began by the Maryland Trust Company filing a bill against the Jeffer- son Coal and Railway Company, whose mines are at Mary Lee, in this county, seeking to foreclose a mortgage securing about $240,00o of bonds. alleging default, and that the provision as to sinking fund was not being carried out. Under this bill the court appointed N. W. Trimble receiver.
 The Lewisburg Coal and Coke Com pany then filed cross bill alleging that 1t was in possession of the property un- der a lease from the Jefferson Coal and Railway Company, which lease had been ratified by majority of the latters stockholders and also by it's bondholders who were the same as the stockholders, and that therefore the bondholders and their trustee were estopped.
 The answers filed yesterday to this cross bill deny its averments. The answer filed by the Maryland Trust Company as trus- tee, says that the meetings of the stock holders and directors of the Jefferson Coal and Railway Company, referred to in ths cross bill, were held out of the State of Alabama and were unlawful and against the public policy of the State.
 Mined 1s,ooo Tons.
 Also it charges that the Jefferson Coal nj Rofl than lS.Ooo tons of coal during the time 1t operated it's property, and 1t ayers that the provisions in the mortgages or deeds of trust for sinking fund equally ap- piled to all coal mined by lessees of the Jefferson Coal and Railway Company as if 1t was mined by that company. It de- J nies that the first and second mortgage bondholders of said company have waived their rights in favor of the Lewisburg Coal and Coke Company and denies that a majority of the stockholders in the Jeff ferson Coal and Railway Company have approved lease of it's property to the Lewisburg Coal and Coke Company. made through J. Harry Lee. It also denies that 1t or the first, and second mortgage bond holders of the Jefferson Coal and Rail-
 
 rights as to foreclosure of said mortgage. It denies that the Lewisburg Coal and Coke Company entered into the posses sion of the properties of the Jefferson Coal and Coke Company, with the consent | and permission of the officers of said | company, and also denies that the pur- chasers of said bonds had knowledge of the possession by the Lewisburg Com pany of the property of the Jefferson Company, and denies that the transfer of said bonds to the Alabama Consolidated Coal and Iron Company was done to evade the obligations of said bondholders at the time of said alleged agreement between the Jefferson and Lewisburg companies.
 A Bona Eide Purchaser.
 It is also denied that the Alabama Con solidated Coal and Iron Company pur- chased said bonds with any notice of any obligations resting upon their previous owners.
 It denies that the original bill was pre- pared In Baltimore or that it and the Jeff ferson Coal and Railway Company are acting in collusion. It also denies that the LeWlSDuTB COHnpdIly IS nurI Dy the ap- pointment of receiver, and ayers that said alleged lease if binding Is subject to the liens of the mortgages and the rights of the bondholders and of the Maryland Trust Company. It asks a ref erence to determine the alleged damages claimed by the Lewisburg Company.
 Answers were also filed by the Jefferson Coal and Railway Company. setting out substantially the same facts and aver ments; the answer of the latter admitting that 1t mined over ts,OOO tons of coal but stating that 1t was a question of law to be determined by the court whether the provisions as to a sinking fund applied to coal mined by the lessee.
 The best that can be said about med icine is said about Hoods Sarsaparilla- It Cures