The Montgomery advertiser., 1909-01-22
Notes of Coneeuh Lun-
 Der Co. Invalid
WERE GIVEN WHEN BANKRUPT
Decision of Lower Court is A.
 firmed.
". ". auaries May Practice Law Any- where In state, Say. supreme
 Ceurt--severai rmportsnt ~ Decisions.

44 Court of Alabama upheld the decision of the city Court of Montgomery in the matter of the Exchange National Bank ct ai., vs. M W. Stewart as Trustee, Jus tIce Dowdeu wrote the opinion. Justices simpson, Anderson and Denson concur ring.
 1t will be remembered that M. ". Stewart as Trustee of the estate of the conecuh Pine Lumber and Manufact- uring Company. adjudged a bankrupt In the Federal Courts on June 4, 1907, He'd a bill in the chancery division of the City Court of Montgomery averring that on June 90, 1907, Thomas w. Tebb and R. N. Chestnut officers of the lum- Der company, executed to the Union Bank and Trust Company a promissory note for s7.o00 and that the note was secured by 330 shares of the capital stock of the company; that the said shares given as security were part of the capital stock of firm which had been adjudged bankrupt. and that the creditors of the firm were being dealt with unfairly in the giving of the note.
 On coming to hearing before Judge Sayre, demurrers submitted to the pleading of the plaintiff were over ruled. aud the appeal to the Supreme Court was made upon the decree of the court ovef-rufing these demurrers.
 AnS aSNaOO 0ArtHO @1W VI $Se@ " eA9 -"
 Tn the matter of Eieanora winserling ct al vs. Hugh w. Matthews. an appeal from the Chancery Court of Mobile, the Supreme Court affirmed the ruling of the lower court In granting an abate- ment of $500 on the purchase price agreed to upon certain property ip Citronelle.
 H ". Matthews of Chicago. seeing an 2 4..0s ex.f in Cof1 fA the effect that $500 down and $500 se- cured by mortgage at per cent would buy ten acres of land all fenced in with a big flve-room cottage thoroughly re- paired and re-papered. with buggy and fowl house, and nice level land along the road, made an agreement to purchase the property described with out coming to Citroneils to inspect the property. s
 After paying $500 in cash, and sign- ing the mortgage mentioned in the ad- vertisement. Matthews made trip from Chicago to inspect his property. In his Dill of complaint he alleged that the fencing was not as advertised. that the house was old and in bad repair. that the land was not loyel, and that $500 was all the property was worth.
 The chancery division of the court Of Mobile decided, after investigation. that 1t would take $500 to place the property in the state as described in the advertisement, and that as the pur- sphase agreement was made on the basis of the advertisement, that an abatement of $500 would be granted.
 An appeal was taken to the Supreme Court and Justice Anderson in his opin- ion sustained the decision of the lower court.
 In the case of the Suniower Lumber Company vs. the Turner Supply Com- pany, an appeal from the Law and Equity Court of Mobile. the judgment rendered in favor of the Supply Con- pany for $1,744.s7 as claimed. was up- held. @
 The lumber company filed a plea that the Turner Supply Company was doing business in the State without license and therefore any contract made with the firm was void. The opinion was by Justice Anderson, fn which Justices Tyson, Simpson ana Denson concurred, that the fllegality did not attach itself to the sale, but consiss in no paying he tax imposed upon the business That the law of the State does not prohibit the doing of business within the State. but pro- vides a penalty for doing business with out a license. The contract was, there- Tor not void as claimed.
 By a decision of the court, Justice powdell handing down the opinion, William w. QuarIes, of Selma, may practice law throughout the State of Alabama as he sees it. The Supreme Court upheld the decision of the Dallas Circuit Court. and puts an end to Q much agitated case.
 S. The full list of opinions follow:
 TYSON, c. J.
 Seab Pate vs. the State of Alabama. appeal from Walker Law and Equity Court: affirmed. DOWDELL, J.
 R. M. Poster. ct al. Vs. J II. Reddick.