The age-herald., 1901-01-25
AN INTERESTING
 DECISION IS MADE
Paid Up Stock in Building and
 Loan Company
ENTITLED TO NO PREFERENCE
Mistrial in the Thomas Case-Elijah A. Price on Trial for Murder-Caha.
 ba Coal Company Incorpor-
 ated-Other Court News.


 Chancellor Carmichael has rendered a de- cree in the case of Dora Robertson ct al. ys. the National Guarantee Loan and Trust Company ct al. The decree is on the inter- vention of Susan M. Arlington, asking to have her rights in the fund in the hands of the receiver established by decree. The decree finds that the defendant cor poration is hopelessly insolvent; that Mrs. Arlington claimed transferee some shares of Glass c stock and other shares as common stock The holders of all stock had duly given notice of withdrawal sev- eral months before the receiver was ap- pointed. Class G stock was $50 per share par value, paid In advance, which was to receive cash dividend of per cent every six months, and could be withdrawn after twelve months upon ninety days notice Mrs. Arlington claimed to be a creditor of the association. with the same rights as outside creditor, but if not, that she was entitled, after payment of the outside creditors, to be paid in preference to the common stockholders. These claims were based upon two propositions: First, that her creditors rights were by virtue of the prepaid stock; and second, that having given notice of withdrawal before insol- vency and the appointment of a receiver she is to be paid in full before the holders of the common stock.
 The decree holds that whatever rights the members may have inter SC, the out side creditors must be paid in full, and that no stockholder, paid up otherwise, can place his claim upon the footing of an outside creditor; that the giving of notice of withdrawal does not make a stockholder a creditor. It further holds that after the creditors have been paid, the stockholders shall be paid ratably, those giving notice of withdrawal not being entitled to prior ity of payment over the others.
 The decree sustains the demurrers filed to Mrs. Arringtons intervention, with leave to amend within fifteen days.
 City Court.
 In the first division of the City Court the case of Charles P. Thomas vs. J. R. Raj ble & O. resulted in mstral.
 In the second division the pleadings were taken up and settled in the case of D. R. McGlathery vs. Western Assurance Com pany.
 Criminal Court.
 In the Criminal Court Elijah A. Price is being tried for the murder of John High smith on June II, 1S99 at Brookside by striking him on the head with some instru- ment.
 In the second division J. T. Alley was fined $l and costs for assault. Albert Cobb was given ten days for petty larceny and Opheia Ottoway was fined $5 and costs for assault.
 Probate 0ourt.
 Declaration of incorporation was filed by the Little Cahaba Coal Company. The n- corporators are Henry r. DeBardelaben. William P. Pinckard, James L. Tanner and William A. Jackson. The capital stock is s5O,O 900 and the corporation will do a general mining business
 A certificate of judgment was filed by F. L. Herring pro ami against the Southern Building Company for S000.
 Marriage licenses were issued to F. s. Coupland and Vonnie Williams, Warner Doles and Lillie Marshall, William M. Self and Mamie Ruth Vann W. A. Powers and Willie Hooks, James H. Kelley and Perdelia Taylor, R. N. Allgood and Pattie R. Robin son.
 Court Items.
 In the Circuit Court the case of John M DuBose vs. Bessemer Land & Improvement Company is still on trial.
 Petitions in bankruptcy were filed by Will Carter, Ocey Temple and Jim Lucas
 The following deeds were filed Brmng- ham Realty Company to Mrs. E. M Harris, 1-1-O1. Part of block 799 Birmingham See deed
 Birmingham Realty Company to Birming- ham Distilling Company, 1-S-01 s250O lots 13 to 16 block IA, Birmingham.
 Isaac Price ct al to w. D. Graves 1-4-O1 $2000, lots to 6, block 21 E. Ensley
 M O'Neill and husband to S. Weinstein 1-1s-01 $100O part of lot 64, block 5, Biven's survey.
 J. R. Raibe and wife to W. N. Malone 1-19-01 $2350, undivided F interest in N. Bir- rninQham DroDerty See deed