The Birmingham age-herald., 1906-04-06
AN OLD MAN CLAIMS UNJUST TREATMENT CIopton Seeks to Recover Title
 for Land
  FEDERAL CASES ASSIGNED  crowe-Hrown Damage Suit Based On Homicide Dlsmissed-other Suits
 Filed and Disposed of
 Yesterday.
FEDERAL CASES ASSIGNED

yesterday against Eliza Massey and the Robinson Mining company. seeking to re- cover title to certain lands located in Jefferson county.
 Clopton claims an equitable title to the property and his recital or the manner in which the nominal ownership of 1t passed from him to the respondents is interest ing.
 He sets out in his petition that both he and his wife, Martha Clopton, were old and unfirm and that in order to get some one to take care of them and nurse them in their afflictions they made deed to the land to Eliza Massey for nom final sum of $25 but that the real con sideration was her agreement to perform such service as their comfort demanded during their lives.
 This deed, states the petition. was exc cuted on June 27. 1902. and that in order to reform 1t and make 1t regular the plaintiff re-executed on June ?, 1903, after the death of his wife.
 CIopton states that the respondent, Eliza Massey, failed and refused to per form the duties and offices In his behalf that she, agreed to. He says that he has been in peaceable possession of the property since the execution of the deed until recently, when he was elected. The petitioner says that the Robinson Mining lcompany claims to have some sort or tue or interest in the property, the nature of which is unknown to him. and is there fore made co-defendant in the action. CIopton alleges that for some time he has been dependent upon the charity ana good offices of his neighbors and that without their aid he would have been com pelled to have suffered great hardships and discomforts in his old age. He prays decree from the court re-investing nm with the title of the land and some per sonal property. which was ahenated un- der the same circumstances Chancellor A. H. Benners, who has been in walker county on business, mas re- turned to the city and will hold court today.
 Register J. W. Altman yesterday enter ed an order in the chancery court in the
 case of E. c. Crow against Sibley r. King allowing the complainant to amend his original bill
 Circuit Court. | The case of Anna II. Crowe, admins | tratrix, against D. w. Brown in the cir | cuft court. was dismissed yesterday for | want of prosecution.
 | The suit was to recover damages from
 the defendant for killing the husband
 of the plaintiff near Dolomite in this l county about year ago. l Brown claimed that the killing was
 done in self defence and on investigation
 the grand jury failed to return true hill against him. Mrs. Grove did not ap-
 pear in court when the case was called for trial, but was represented by at- l torney.
 ] In the case of J. W. Long, pro amt | against the Birmingham Boiler Works.
 which was given to the jury late We'd
 nesday afternoon, verdict was returned for the defendant.
 | The case of Lewis Goldberg against l T. R. Fulton, which was called yester- l day was settled out of court and mark ed dismissed on the records.
 Federal Court | Mai. c. J. Allison clerk of the United
 States court for the southern division | of the Northern district of Alabama. ia
 setting the docket for May and June, | court converting on May 14 The first week of the session will be l devoted to bankruptcy and equity busi- ness when common law cases will be taken up and continued till June H.
 The July calendar will not be assigned | Nav Major Allison returned Wednesday night from Montgomery, where he went
 to confer with Judge Thomas G. Jones | about the order of business to be taken | up when the court meets in May.