The Birmingham age-herald., 1905-01-29
SEEKING ID SET
 ASIDE A DECREE J. s. Moore and Others File a
 Petition in Court LITIGATION IS COMPLICATED Petitioners Ask to Be Set Aside Decree In L. B. Mussrove vs. Walker
 County Coal and Mineral
 Company Cause.
LITIGATION IS COMPLICATED

A petition has been filed in the circuit court by J. s. Moore of Jasepr, Otto Marx and others of Birmingham, asking that a certain decree rendered by Judge A. A. Coleman in the matter of L. B. Musgrove against the Walker County Coal and Mineral company be set aside. The hearing was to have been held yes terday but on account of the absence of Mr. Musgrove, who is in New York a continuance was made until next satur- day.
 The petitions affldavits. etc. in connec- ton with the suit, which involves large amount of land in Walker coun- ty, cover several hundred typewriter pages There are suits within suits, and the proceedings promise to be interesting. On November a chancery bill was filed in the circuit court by L. B. Mus grove, surviving partner of the late firm of Musgrove Brothers of Jasper against the Walker County Coal and Mineral company It was set forth in the suit that J. c. Musgrove, a brother of the petitioner died last July.
 The Allegations.
 It was alleged that Musgrove Brothers sold in February, 1885. large acreage of land, and that 1t was deeded to William l.. Chambers, as trustee, to convey to the Walker County Coal and Mineral com pany, which was done, it is alleged. There were 13,39s acres of land, 1t was alleged in the petition, that involved deal of Al ha natitIOnar stated that ten thousand acres of this land was to bring g .5O per acre, while the balance, amounting to SS5S acres was to bring $5 per acre.
 It was set forth that as compensa- ton for the land the company was to pay S27,50O as a purchase price, and certain stock was to be taken in the company for the balance. It was further alleged that the amount of $SlS0 remained due and unpaid, with interest. The plea or the petitioner was that the court enter a decree establishing a vendors lien on the land A description of the land cover ing something like fifteen pages was at- tached to the petition.
 Judge Coleman granted the relief asked for, and It is alleged that J. w. wade as president of the company, accepted service
 Moore Appointed Receiver.
 I s Moore. sheriff of Walker county, was appointed receiver of the walker County Coal and Mineral company upon petition, by the late Chancellor J. J. Alt man on January '.
 The receiver has since then filed peu- tion in the circuit court claiming that Musgrove made no claim upon the amount said to be due until September, 1903, fur ther alleging that L. B. Musgrove &C., oured a majority of the stock of the com pany in November, 1904, and then filed his claim. It is alleged further that Norwelle and Lacey of Jasper held shares In the company, and that the same were not purchased by them in good faith" but that the stock was furnished them "collusively" by Musgrove
 At Stockholders Meeting. It is alleged further that meeting of the stockholders was held when the following resolution was adopted:
 "That the directors of this company be and are hereby instructed and directed tc negotiate settlement with L. B. Mus grove to the extent, if necessary, of enter ing into an agreement with the said l.. B Musgrove whereby a consent decree may be rendered against this company. The directors are further instructed to pro cure as much time within which any de | cree that might be rendered be held uI before a sale of said land"
 The Moore ct. al. petition seeks tC have Judge Coleman set aside his former decree, pending a hearing of the cause.