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

tees did not fully execute each and all of the terms of the trust. And it suf- ciently appears that the 3nsley Land Company has accepted and received the benefit of each and all of the acts and transactions of the trustees in the prem ises and still retains the same.
 Co These defendants jointly and sever ally demur IS aforesaid to so much and such parts of the bill as amended. as seeks to have set aside and cancelled the deed executed by Mary T. Warner, exc cutrix, to the Ensley Company, and the deed executed by the Ensley Company to W. F.. Barker and James Bowron. and assigns the following causes of demurrer l thereto:
 Defendants re. assign hereto, also, the causes of demurrer heI ein assigned to the l bill as q whole an1 numbered from 1 to l IS, inclusive:
 First-For that. 1t does not appear that | the rights of the Ensley Land Company | were injuriously affected by the transfer of the title from Mary T. Warner, ex- ecutrix, 10 the Ensley Company to Nell | son F. Barker and James Bowron or that the rights of said Ensley Land Company were different by reason of such transfer from what they would have been, had the title remained In Mary T. Warner, ex eCutrix. That 1t appears from the aver ments of the bill that the sheriff's sale, if voidable at all was only voidable upon timely duplication by the Ensley Land Company and there Is no averment to show any special reason or cause why the sheiins sale should be avoided after lapse of more than five years from the date of said sale, and there Is no aver ment to show that the Ensey Land Com pany. its directors and sha holders. were not all the while cognizant of the fact of said sale. On the contrary, it suf1- | contly appears that such directors and stockholders had full knowledge of said sale, and Of the transactions complained of In the premises.
 Trustee Sale Ratified.
 Gd). These defendants jointly and sever ally demur to so much and to such parts of saio bill as amended seek to set aside and cancel the deed executed by the Fnsley Land Company by A. M. Shook president, to Nelson E. Barker ano James Bowron trustees, and assigns the following as causes thereto.
 Defendants in addition thereto, reassign hereto causes of demurrer herein assign ed to the bili as a whole and numbered from l to -S. inclusive, and in addition thereto the following:
 First--F For that 1t appears that said deed was ratified and approved a q meet ing of the stockholders and at a meeting or the directors or SalO company. Second For that. the conplainants as- sert IS a conclusion that the Central Trust Company of New York did not have the right to vote said stock but fails to state the facts with reference to who held the legal title ur In whose name said stock stood upon the books of the com pany, so as to 6nahle the court to decide as to whc was entitled to vote the same. ThirG-For that, it sufficiently appears hot rnnI or,1 Doll roed Company, who as compliments al- lege were entitled to vote said stock, had knowledge of the acts and doings of the Central Trust Company in the D. mises and approved the same, and for that 1t sufficiently appe ars from the statements of the bill that at the stockholders meet ing at which compliments ,nadc applica- ,ion to fhare-hold ars to prosecute this suit, said stock was voted under proxy from .ne Central Trust Company. with the approval of the said Tennessee Coal Iron and Railroad Company, and for that 1t appears that tho execution of said deed of the Ensley Land Company. by A. M. Shook. its president was approved at meeting Of the directors of the Ems ley Land Company, and a committee was appointed to receive the declaration of trust from Barker and Bowron as trus- tees.
 Fourth For that. it sufficiently appears that the Ensley Land Company have oc- cepted all the benefits accruing from the execution of said deed executed by it to Nelson E. Barker and James Dowron as trustees. and still retains the same.
 Deeds to >cormack and Ramsay.
 (e) These defendants, jointly and sever ally, demur to so much of said bill of complaint as amended as seeks to set aside and cancel the deed of Nelson E. Barker and James Bowron, as trustees to the Ensley Land Company, and the two deeds executed by said trustees to Me Cormack and Ramsay, as assigns the fol- lowing grounds of demurrer thereto, to- wit:
 First-For that. there is no averment to show that the Ensley Land Company has not accepted the benefits of said transac- tions and does not now retain said bene- fits. On the contrary it sufficiently ap- pears that said company did accept and still retains the benefit of said transac- ton.
 Second-For that. 1t sufficiently appears