The Montgomery advertiser., 1906-05-20
HeAd-Notes Of the Decisions
 Of Alabama Supreme Court

X MITCHELL. ct al, vs. CITY OF GADs- x DEN, ct al. Bill to Enjoin Issuance and Sale of
 Water Works Boncs.--(Decided February IT, 190G.) (So. Rep. $50. ) Statutes; passage; President of Sem ate. signing; Senate Journal; construc- tion.-Where the Senate Journal shows: { The President of the Senate, immedi- ately after they had been publicly read at length by the Secretary, signed the above House bills, the titles of which are set out in the foregoing message from the House, except bills Nos. 121. { 10l, 465 and 454; the reading of which at length having oeen dispensed with: is is shown by the same Journal that the reeading of H. B. No. 454 was dis pensei with by the proper motion and requisite vote; Held, that the except s ing clause refers to and qualities the first antecedent. ard that the entry on the Journal shows aftrmatively that ( II. B. 454 was signed by the President < Of the Senate in a constitutional man. ner.
 Apeal from Etowah Chancery Court.
 Heard before Hon. W. w. Whiteside.
 Affirmed. Opinion by Tyson J.
 Haralson. Dowdell. Simpson and An derson and Denson, JJ., concur. GUF COAL AND COKE CO, V. ALA
 BAMA COAL AND COKE co. Bill to Quiet Title to Mineral Interest.
 -(Decided February 1, 19o6.) do
 So. Rep. 397.)
 I. Mines and minerals; quieting ti tIe.---A bill in equiay may be properly filed and maintained under Section S09 Code 1896, to quiet title to the mineral < interest in land, by the owner of such interest.
 2. Equity; pleadings; amendment; f departure.--It is not a departure to bill to quiet title to file an amendment seeking to estop respondent to deny that one through whom complaint claims title by mesne conveyances ever received by delivery a decd from his srantor.
 3. Estoppel: equitable estoppel; de- livery of deed.-If a grantor in com p1ainant's chain of title never in fact received a delivery of a deed from his grantor, such person had no title to the land: and the fact that respond ents knew this and knew that such person could make no valid conveyance except to bona fide purchasers without notice, and took no steps to have the recorded deed to such person annulled, worked no cstoppel to respondents to deny the delivery of the deed; the re- spondents owing no duty to complain ants or others to take such action, and it not being averred that respondents induced complainants or any one through whom complainants claim. to purchase the land
 Apeal from Walker Chancery Court.
 Heard before Hon. A. H. Benners.
 Rehearing denied April 3, 1906.
 Reversed and rendered. Opinion by Tyson, J.
 Dowdeil. Simpson and Anderson. JJ.. concur.
 STATE. ex rel. PERDUE. ct al. vs. AB-
 J ERNATHY.
 Quo Wa<ranto-(Decided February s,
 1906. J (40 So. Rep. 353.))
 1. Statutes: local acts: notice of in- tention to introduce.-Notice in this case examined ana held to satisfy the requirements of Section 106 of Consti- tuition of 1901: Notice. To whom 1t may concern: Notice Is hereby given that a bill will be introduced at the present session of the Legislature of Alabama, the substance of which will be to create a court of inferior juris- diction in precincts 21 and 37 of Jeffer- son County, Alabama, in lieu of all justices of the peace and notaries pub lie, ex-officio justice of the peace. in the several wards of the city of Birming- ham, Ala. to provide judge or judges of said court, defining their jurisdiction. appointment of clerk, and prescribing salaries or compensation of judges and clerk; also bill will be introduced to abolish the office of notary public. ex- oficio justice of the peace in precincts 2l and 37 in Jeeffrson County, Ala, and in the several wards of the city of Birmingham, Ala
 2. Same; title.-The- title oto an act in these words: An act to establish an inferior court in precincts 21 and 37 in Jefferson County. in lieu of all justices of the peace and notaries pub lie. with powers of justices of the peace in said precinct, and define the powers and Jurisdiction of said courts and the judges thereof" is sufficient to satisfy the constitutional requirements embodied in Section 45, Article 4 of the Constitution.
 Appeal from Birmingham City Court
 Heard before Hon. Charles A. Senn.
 Reversed and remanded. Opinion by Tyson, J.
 Dowdell, Ssimpson and Anderson, u, concur.
 PULLMAN co. vs. KRAUSS. Action for rBeach of Contract of Car
 riage-(Decided February IT, 1906.)
 GO So. Rep. 39S.)
 1. Carriers; passengers; sleeping cars; right to berths; persons afflicted with contagious disease-The right to pass