The Birmingham age-herald., 1902-06-03

 from the averments of the bill that the trustees, by the terms of the trust agree ment, were authorized to sell lands at such price and on such terms as they deemed best and there Is no averment to show that the trustees did not fully exc cute each of the terms of said trust agreement. There is no averment to show that the trustees did not sell and convey lands to other persons than the Ensley Company Mccormack and Ram say. There is no averment to show that the trustees did not pay out of the pro- ceeds of the sale of lands the indebted ness of the Ensley Land Company. amounting, as appears from the trust agreement, to more than $l30,000. There is no averment to show that after selling a sufficient quantity of the lands fin exc cution of the trust to pay the indebted ness of the Ensley Land Company the trustees did not convey the remaining lands to the Ensley Land Company. On the contrary, it sufficiently appears that the Ensley Land Company has received the benefit of the trust agreement, and it Is not competent for said company or for ( he complanants as it's stockholders to hold on to these benefits and seek to va cate and set aside sc much of said trust agreement only as secures benefits to the Ensley Company or to Ramsay and Me Cormack.
 No Offer to Reimburse.
 Third-For that, it appears that Me Cormack, in consideration of the con- veyance of said lands to himself and as- sociates, or to the Ensley Company, agreed to make large expenditures, some of which 1t Is admitted In the bill were made. and no offer Is made of reimburse ment on account of said expenditures, of which the Ensley Land Company and it's stockholders received and enjoyed the benefits.
 Fourth-For that 1t appears that said sales and conveyances were made by the trustees. Barker and Bowron in the proper execution of their trust, nor is it denied that the proceeds have been ap- piled to pay the debts of the Ensley Land Company.
 U) And to so much of said bill as prays relief against the defendants, the Ensley Company and Mccormack and Ramsay on account of the conveyance of any part or portion of the land so con- veyed by them, the defendants demur thereto, and assign the following:
 Defendants re-assign hereto, causes of demurrer herein assigned to the bill as q whole and numbered from one to eighteen, inclusive and in addition there to the following:
 First-For that, the purchaser, or pur- chasers. of said land or lands, respect lively, are proper and necessary parties to any bill seeking relief on this acc 9unt
 Secord-For that. the said complainants cannot waive, as Is here attempted, their alleged rights to set asid said convey ances, ana at the same time ask recov- cry for the proceeds of such sales or damages on account of the same.
 Knox. Acker x Blackman; Walker Tillman, Campbell & Walker; John F. Martin. l.. J. Snyer, J. c. Bradford Att torneys for Defendants.
 State of Alabama, Jefferson County
 Erskine Ramsay makes solemn oath and reys that he Is ona of the defendants in the above and foregoing entitled cause, and that the foregoing demurrer is not interpcsed for delay. ard that the same Is true in point of fact.
 ERSKINE RAMSAY, Subscribed and sworn to before me this Ed day of June, 1902 W H. MOORE.
 Notary Public
 We hereby certify that the foregoing demurrer. in our opinicn, is well founded in point of law.
 Knox. Acker & Black man; Walker Till man, Campbell & Walker; John F. Mar fin. 10. Il SmVpr I dford