The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-01

appeal from 8uHA&8HaEA3 1iA+ N'uANs I -
versed and remanded.
Cleveland Hill vs.. the State Of Alabama,
appeal from Marshall circuit court; af-
firmed.
Surrey Allen rs. the State Of Alabama.
appeal from Limestone circuit court; re-
versed and remanded.
Head Notes of Decisions
Maria Moye IS. ". X. Thurber, appeal
from the circuit court Of Mobile county.
l. When an action of forcible entry and
detainer. or of unlawful detainer, is re-
moved by petition to the circuit court
it is converted into statutory ejectment
and the plaintiff must recover on the
strength of his legal title, unless the de-
PENDANT or those under whom he claims
entered under some contract or agree
ment with plaintiff. or those under whom
he claims or by the use of force.-Code
See 2149
?. The action of forcible entry and de-
taincr will not lie al the suit of one
who claims a mere easement in or right
Of way over an alley against another par
ty having the like easement. but who
forcibly excludes the plaintiff. The plant
if has not such exclusive possession as
will support the action.
g. The remedy In such case il by in
Junction IN equity.
Affirmed.
Opinion by Weakleys c. j.; Tyson, Simp-
son and Anderson. J. J.. concurriug.
J. j. Maddox VS.. W c. Maddox, ct
ais, appeal from Coffee circuit court.
1. When a bill of exceptions rectes that
1t is presented in term time with a re-
quest that It be signed. which is accord
ingly DONE" It sufficiently appears that
the bill was signed in term time and
it will not be stricken.
. 1t is only innocent purchasers for
value without notice of property charged
with a landlords lien that are protected
against the claim of the landlord, and II
tenant take cotton seed charged with
lien and place them upon the pile of
seed belonging to the defendants at their
gin and the defendants enjoy the benefit
of the same to the destruction of plaintiffs
lien, they are liable. although they did
not know of the tenants act, since they
are mere volunteers.
Reversed and remanded.
Opinion by Weakley. c. j. Dowdell,
Anderson and benson. J. j.. concurring.
Short Capitol Mention.
The books of the officers of the counties
of Clay. Madison and Morgan have been
reported OIL the last two by Assistant
by Examiner German, and all found to be
in good shape. Sheriff Rodgers of Madison
had collected $3.50 for the removal of a
prisoner from the state when it should
have been secured from the county of
Madison 1t was at once paid over. The
following are the officers whose books
were audited:
Clay county-Ex-Tax Collector A. Bell
w. d. Mayo. sheriff; r. j. Burllhead, tax
assessor; f. ]. Ingram probate judge
A. s. Horn. superintendent OF cduca ton;
S. y. Lambreth. circuit clerk
Madison-A. d. Rogers, sheriff; j. T.
Gardner. tax collector; w. T. Lawler,
judge of probate. ]. w. Garner. tax as
SCISSOR: S. r. Butler superintendent of
education; II. b. Roper, circuit clerk.
Morgan county,. s. Fowler, clerk of
the circuit court; W. Il. Skeggs, judge
of probate; j. II. Virgins. sheriff
The board of control of the jefferson
Fa1kner Soldiers home. located at Noun
tain Creek, will meet in the office of the
governor next Tuesday at noon.
John c. Williams of Talladega has been
appointed member of the board of con-
troll of the Fourth District Agricultural
school at Sylacanga in place of j. j. Nc
Elreath, deceased
The Bank of Thomaston has been or
ganized . Tnomaston with capital of s25,
600. The incorporators are N. S. Curtis
and many others.
Miss Irma Andrew has been appointed a
notary public at Hartselle.
The Corr cab Saw Mill company has
been Organized at Pollard with capital of
$4,000. w. T. Mayo and others are in
corporatoTs.
These youns lawyers have been licensed
to practice law IN Alabama: j. T. John
ston. j. NJ Scott, C. J. Scott. all Of De-
I<alb county.
Governor Jelks returned from the uni
Versity commencement today and ex-
presses himself as greatly pleased with
the work and the outlook Of the famous
old institution.
C. c. Whitson of Taladega has been
here for a couple of days He says he Is
not able to be q. congressman or he would
run. rs nc has been urged to do In the
Fourth district. He has declined to allow
himself considered. 1t is also understood
Cecil Browne of Talladega will not make