The Montgomery advertiser., 1904-08-18
RECOvFRs HIS MONEY.
Judge sayre Decides in Favor of Judge
 Randolph.

Randolph.
 In an order made yesterday in tho City Court in Equity Judge A. D. Sayre awarded Judge Francis c Ran dolph the money held bv the court on petition of his wife. Mrs. Sallie N Randolph. who was recently denied a divorce.
 The order of Judge Sayre was as fol- lows:
 "Sallie N. Randolph vs. Francis c. Randolph and Francis c. Randolph vs Sallie N. Randolph
 "In the above entitled causes the complainant in the original cause, Mrs. sallie M. Randolph. now moves the court for a decree assigning to her a sum in lieu of alimony out of the fund now in keeping of the Merchants and Planters Farley National Bank, the same being the fund referred to in the decree of August II. 1904, as in the keeping of the Register and George M. Marks as Trustee for certain creditors of Francis c. Randolph under an as- signment made to him by said Ran- now on file in the cause, moves the court for a decree orSsSing the Regis ter to pay over said fund >foremention- ed to him. To the last named motion the said F. c. Randolph. being now present in court by his counsel inter- poses no objection.
 And upon consideration it is order ed, adJudged and decreed by the court that the motion of Sallie NJ Randolph be and the same is hereby overruled. Tt Is further ordered. adjudged and decreed by the court that the motion | of George M. Marks. as trustee under the deed of assignment hereinbefore re ferred to. be and the same Is hereby granted with provisions hereinafter set out to wit: The Register will on ap- plication of said Marks. cause to be paid to him out of the fund now in the keeping of the Merchants and Plant ers-F Farley National Bank in the man. ner provided in the agreement of the parties in respect to said fund on file in this cause, after first retaining the amount of the costs of the cross cause and of this proceeding, the sum of seven thousand and five hundred dol lars. if Sallie N. Randolph shall within ten days file with the Register a bond in the sum of five hundred dollars with surety or sureties to be approved by him and conditioned to pay to said Francis c. Randolph all such costs and damages as he may sustain by reason of an appeal to the Supreme Court of Alabama In this cause and the reten- tion by the bank aforesaid of two
 thousand and five hundred dollars
 pending said appeal. If said appeal shall be affirmed by the said Supreme Court
 then the Register shall retain the
 amount of two thousand five hundred
 dollars until otherwise disposed of by
 an order of this court or the Supreme Court of Alabama. but if no such bond
 is approved by the Register within ten days and filed with him, he shall pay to George NJ. Marks. as Trustee as afore-
 said. the sum of ten thousand dollars
 Qess costs as herein provided) or the
 balance thereof then remaining with
 the bank aforesaid. in the manner pro vided by agreement of the parties aforesaid. This provision Is not in-
 tended to affect Gas 1t Is not supposed 1 1t could affect) any remedy Sallie W Randolph may have under the laws of this State, if any by way of superse- deas or suspension of this decree and the court reserves tho right to order
 the payment of the balance reserved
 to said Francis c. Randolph under proper refunding bond as may be pre-
 scribed hereafter"