The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-11-15
AN IMPORTANT RULING.
A Decree Affecting those Interested in
Building aud Loan Companies
PLAN OF SETTLEMENT DECIDED UPON
The Question Of Appeal Bonds From the
Recorders Court to the District Up
Again-Pipe Line to Bolivar.

| ANAlNlAA anu lHNuu Association n decree
has been filed with the clerk Of the United
| States court instructng the receiver of
said company to allow 40 per cent on stock
/ payments as anticipatory dividend in col
] Letting the claims due the said company
in Texas. The decree was issued in re-
! Spouse to petition OF u. b. StanclIne.
receiver Of the National Building and Loan
association, In which he requests to be
instructed regarding the manner and con
| dltions upon which the notes and claims
due said association In Texas should be
collected, According to tho decree The fol-
loving rules are to apply whether the
loans be secured by stock alone N by stock
| aud real estate:
The borrowing member Is 30 be charged
! Win an the money received by him and
| also charged with the dues, interests, prem
| ums ana nneS in accordance with mis- con
! tlUcl uuul April ], HOO. and he shall he
! credited with the sums he hus paid in In
terest, premiums and hncs, and with 40 per
cent OF the amount paid In by MIN from
Time To time on his subscription TO the
stock of the association 10 April .. 1900
as an nnlicipatory dividend, providing he
shall settle and pay up his loan without
unreasonable delay or litigation. After
the compromise the stock shall be turned
over 10 me borrowing stockhulder. and he
shall be entitled to his pro rata of the tuUl
distribution with the other stockholders OF
ms class. The allowance OF anucipatogy
dividend, the decree sets forth. Is not
right or even strict equity. but is author
lhtd as a compromise 10 aid speedy coliec
Lions against borrowing Stockholders who
GO not accept this compromise th,. receiver
Is ordered 20 institute suit without delay
/ Tor the lnll amount of the debts due the
said asso2htton according To the strict
terms OF The contract and TO recover all
property assets OF the company In the
state. Who're the borrowing stakeholder
Is unable to pay of the claim OF the ASSOC
citation, aud where the receiver can And n
pur'haser IN accordance with the terms
/ stipulated herein he is authorized to sell
/ aud transfer hc said property. All moneys
obtained from said sales after a reasonable
allowance for attorneys fees and COS s,
shall he kept by such receiver RS an u.h-
Ger of the court until the hnal distribution
Is made.
In the cause of A. f. Dixon ct al VS.
| Atuuta National Building aud Loan usso.
| citation a decree was flied with the clerk
of ihe court charging the power OF Special
Master james Il. Burnett The order was
made upon the motion OF the receiver in
the said cause, AMI authorizes the special
master TO act ON all petitions hlcd 10y said
receiver against borrowing IN MIXERS of the
association In all questions involving mat-
tiers of fact or OF law, aud authorizes h IN
To take testimony and state accounts, aud
To entertain and allow plcadmgS before
him He is authorized to sit within or
without the state, first giving ten days
notice of the time and place Of hearing ia
solicitors of record In the particular cHuse.
He Is instructed to report his Aplings TO
the court which findings shall become de
cr'es unless exceptions thereto are Med
within the thirty days after filing Of said
similar order was nlso Hlcd charging
the authority Of the SPECIAL master in the
cause Of Mrs NJ g. Alexander 1t nj vs..
Southern Home Building aud Loan Assoc
citation.
Anpeal Bonds From Recorders Courts.
Galveston, Texas, November 14Thd
question Of the requirements Of appeal
bonds in eases appealed from the recorders
court to the criminal district court was
argued In tho latter court this morning,
but no decision in the matter was rendered
and a further hearing of the case win
take place on November - The last legis-
laturc passed resolution requiring these
bonds to demand the appearance Of the
defendant IN court, while the old bonds
simply held the sureties responsible for
double the amount Of the ane imposed aud
the costs Of the ease providing that The
defendant prosecute his appeal The dir
ference In the bonds has caused coufrO-
Vcrsy. The district attorney holds that the
Now provision made by the last legislature
is simply an amendment to the old houd,
adding an additional condition demanding
the appearance Of the defendant when his
case Is called Tho attorneys representing
the appellants argue that the new bond law
- iI i,,,t,t "',' ~ ','ru '" i,,,,i
LIN "unH ~ 'tttlp'S ~ nP lnmsr o1 ,h
@'tluu lu'a9,a li'S i auI pol,a Us sun a. ~
iran' ra,,i9 i,s appr"'IIlur nc
u" We a. u.' ' 'u III III 'iii' Va i
~, " 'uuho "5!'" ma,nuIu m,a lr'iH,"n
~, C"',,iI 80, " i'ii 'iiu Ii"' t'i ,IJS
utt,,i.u' 'Hvi H. nrie ~ ~
J , bon %'t dny rnG G"nrion
CIIhin'a ppr"'5 WI, i m"np I',"n " H'''siIn
~" ,r T,i 'v"uul I'M KEN i IT, iuo
y'fi NV re 10 "' s i '',i ~ Ia ,,, ~ ,n az =
,yIIsu ~ Xxx fnuI "I ',"'nt "pi5t"'s o
d tb M ycordor court y AGg he cyeg
tbn court h oboIlsbed iberc viii he no
h og[ss'N ,fomy attornnys ~ M XIV tn
leye the court will be abolished This
question was passed qpGn ply judge Ail.n
court If viii bc remgmhpred thai the
legislature two years ago passed an act
aholiS9lng recorders courts IN IeA"s and
sfra5 nv the terms OF Tho charter Granted
TO the city Of Galveston whom the commits
sion hill was passed; the corporation court
"s,ool'iisbad h,t tbfa Is tbn oniy cify I'm
the state which has a recorders court.
Judge Allen h"ld that the same. power
MGn "eoiS"1u ,"G I'M 49,, W. C"ui w
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