The Montgomery advertiser., 1902-05-04

l ment rendered by the Circuit Court in a cause brought there by appeal from a Justice of the Peace Court, ia not vitiated by the fact that among the items of costs endorsed thereon. the magistrates fees are shown only by their gross amount. ?. Judicial safe; not affected by main tenance of adverse possession:-A judicial sale made by a public officer under legal process. is not without the doctrine of champerty or maintenance: and it's val idity is not affected by the fact that the land is. at the time of the sale. in pos session of third person claiming ad- versely to the defendant in the process. 3 Same. effect on the possession of third person through tenant.-Where,r al the time of sale under execution of land in the possession of tenants of a third party who,claims under deed from the defendant in execution, which deed was executed subsequent to the issuance of the execution, the judicial sale of such lands terminates the tenantcy; and the attornment of the tenants of said third party to the purchaser has the legal effect of transferring the possession of the lands from such third party to the pur- chaser, and the right of said third party acquired by his deed from the defendant in execution is thereby defeated ;,the shera iff's deed to said purchaser conveying such title as the defendant in execution had on the date of it's issuance,
 Appeal from the Circuit Court of, Gov ington.-Tried before the Hon. John P. Hubbard.
 Affirmed. "
 Opinion by Sharpe. J. $. NOBLE ct al. V. .GADsDEN, LAND AND
 IMPROVEMENT CO, ,yetsal.
 Bill in Equity for the Dissolution. of a
 Corporation and for Distribution of its
 Assets.
 l. Corporations: rights of minority stockholder to maintain bill to distribute assets of corporation.-When a. private business corporation. though solvent, in that 1t owes no debts. Is a afailure. and the purposes for which 1t was organiz are impossible of attainment, and its as- sets are being gradually sacrificed in the payment of taxes and expenses the mi nority stockholders of such corporation can maintain a bill in equity to have the corporate assets gold and the proceeds theyeof distributed among the stockhold- CTS.
 2. Chancery pleading and practice; when not necessary to make all persons interested In the cause parties to suit When the parties to a cause are numer- ous or some of them are unknown or be- yond the Jurisdiction of the court, but they all belong to a class whose rights are analogous to those of the parties &C., tually before the court and who fully represent the adverse interests of all. 1t Is not necessary under the rules of chan cery practice, Code. p. 1205, Rule 19, Chancery Practice) in order to the main- tenance of suit in chancery, concerning the common cause of action. that all of the parties in interest should be made parties to such suit. .ff
 3. Same; same: case at bar.-Where bill Is filed by the minority stockholders in a corporation. seeking to have the as- sets of the corporation distributed among all the stockholders. and it Is averred in the bill that the stockholders of said cor poratior are numerous. that one-third of the stockholders are non-residents or their residence can not be ascertained, that the respondents are the principal and largest stockholders and fully and fairly represent the adverse interest of all of the stockholders in said corporation. that afl of the stockholders belong to the same class and their respective interests are analogous. such bill is not subject to de- naurrer, upon the ground that all the stockholders are not made parties there to. -.t'r S
 Appeal from the Chaneery Court of Etowah.-HeaTd before the Hen. R. B.