The Birmingham age-herald., 1902-06-03
MCCORMACK, RAMSAY, BOWRON
 AND OTHERS FILE DEMURRER
(continued from Fifth Paqe).

directors of the Ensley Land Company, respectively. in meeting assembled. and held on the 25th day of January, 1898; and yet the creditors of said company, with claims al gregating T3O, 000 are not made parties 10 said bill. nor does it appear but that the trustees. Barker and Bow ron, sold and conveyed said lands in good faith in the execution of the trust for the benefit of said Ensley Land Company and its creditors, and that said Ensley Land Company has received and has retained for more than four years, and still re- tains, the benefits Cf the proceeds of said sale; nor does 1t 1ppear but that said Barker and BowrOn have proceeded un- der said trust In other respects to fully execute the same, snd notwithsta ndin g 1t further appears that the stockholders Of saic Ensley Land Company and two separate boards of directors of said company with practical unanmity. unin- fiuenced by defendants. and acting in their best judgment for the interest of the Ersley Land Company refused to authorize or consent to any proceeding to avod or disturb said conveyances.
 Bill Sets up State Demand.
 Sixteenth-For that. 1t sufficiently ap- pears from the allegations of the bill that the cause of suit asserted therein
 
 Ensley Land Company or its directors or Its shareholders or any of them. are entitled at this late day to assert the cause of suit set up in said bill.
 Seventeenth-For that, 1t appears from the allegations of the bill that the trans actions sought to be set aside and va cated. effected important interests, not only of these defendants but of the Ems ley Land Company and It's creditors as all md fC nt lad hot hn ley Land Company and Its stockholders and directors. had full notice, or were charged with notice of the transactions complained of. and if any cause of suit ever existed in favor of said Ensley Land Company or its directors share-hold- CTS by reason of the premises, such causes of suit have been lost by laches, and by failure to assert the same with in a reasonable time.
 Eighteenth-For that, the cause of suit asserted in the bill Is barred by reason of the fact of not having been asserted by the Ensley Land Company or it's directors, or shareholders. or any of them. within two years from the time of the occurrence of the transactions complained of.
 (b) These defendants jointly and sev- erally demur to so much and such parts of the said bill of complaint as amended as attacks the validity of the sheriff S sale to Mary T. Warner, executrix. and the deed executed by the sheriff to Mary T. Warner. executrix, and seeks to have said deed set aside and assigns the fol- lowing grounds of demurrer thereto, namely:
 Defendants re-assgn hereto causes of demurrer herein assigned to the bill as a whole and numbered from one to eighteenth, inclusive and in addition thereto assign the following.
 First-There Is no ayerment to show that the judgment under which said sale was made was not a valid judgment and the averments of the bill show that the said sale. if not absolutely valid, was voidable merely, and 1t appears that more than five years have elapsed be- tween the date of said sale and the fil- ing of this bill It further appears that the directors and stockholders of the Ensley Land Company knew of said sale for more than four years next preceding the filing of the bill in this cause and there Is no averment to show any spec ial reason cause why the sale should be set aside and the sheriff deed can celled.
 Trustees Acquired Title.
 Second-For that, there is no ayerment that the judgment under which said sale was made was not valid judgment, and the averments of the bill show that said sale, If workable at all, was voidable only upon timely application of the defendant, the Ensley Land Company, and that more than five years have elaI sed from the time of said sale to the filing of the bill in this cause. It further appears from the arerments of seid Dill that the trustees, Parker and Bowron, acquired tit'a under and through said sheriff's sale. and there is no averm ant to show that the trus. tees, in the execution of the trust did not sell other lands than the lands in n,teattop i,, 4hio cult sAok Al. .-..-