The Birmingham age-herald., 1911-04-20
IMPORTANT CASES ARE ADJUD|CATED Several Unusual Decisions By Supreme Court COURT OF APPEALS Decides That H. J. Tomkins of Jeff ferson Did Not Unlawfully
 and Maliciously Kill
 Cow

Montgomery, Aprll 19.-tSpeclal.)--1te 1te- versed and remanded was the verdict of the state supreme court on Wednes- day morning in the case of "L. W. Nelson, ct al. vs. w. w. Wadsworth. an appeal from the Autauga chancery court. The case Is one which concerns a bill filed for the purpose of declaring a deed a mortgage. and to cancel or redeem same if the mortgage has not been fully satisfied.
 Directly the point at law involved was one which had for it's predicate the status of an instrument which was given to secure a debt, and not to discharge such indebtedness. Agreement to this effect was reached by the contracting parties.
 A history of the case shows that Wads- worth took an absolute deed for Ian 1 worth 5000 to secure debt of $250. Fol- lowing upon the death of Nelson. who entered into the agreement, litigation was started to have the affairs of the estate administered. In the lower court demurrers were filed against the bill. but these demurrers were sustained.
 In rendering an opinion in the case Associate Justice Anderson held that the demurrers interposed should have been overruled and he issued an order to that possession of the land.
 Petition for Mandamus
 petition for mandamus seeking to compel A. H. Benners, chancellor of the Northwestern chancery division, to set aside and vacate certain interlocutory decrees made and entered in the case of the Birmingham Industrial company vs. L. w. Phillips, now pending in chair cery, was today dismissed by the su- preme court, the mandamus at the same time being denied Associate Justice Som ervile, speaking for the court, held tha. no reversible error was found in the records.
 Eight hundred and fifty acres of land are involved in the proceedings, the land being situated in Russell county.
 In the case of "A. J. Bentley, ct al vs. W. R. Barnes" an appeal from the Gov ington chancery court, the stcte supreme court upheld the verdict of the lower court. in which a mortgage to secure a debt was involved. The case has been twice before the supreme court, the vsf- dict each time being identical.
 The full list of decisions follow
 Anderson J.-L. w. Nelson ct al, vs. w. w. Wadsworth ct al, appeal from Autauga chapcery court reversed, rem dered and remanded.
 Sayre, LA J. Bentley ct al, vs. w. R. Barnes, appeal from Covington chancery court; affirmed.
 Somerville, J.-The state of Alabama ex rel Lovick w. Phillips vs. A H. Benners, original petition for man damus; writ of mandamus denied and petition dismissed.
 Court of Appetls
 Because there was no proof in the records which were submitted to the court of appeals of this state to show that H. J. Tomkins of Jefferson county "unlawfully and malicious1y killed q cow" with the Jurisdiction of the Bes- semer city court, the fine of $60, which was imposed upon him by the lower tribunal, must be vitiated.
 The case was reversed and remanded by the appellate court in a batch of decisions which were handed down late today.
 Of similar interest and of as freakish importance, was the courts action in reversing and remanding a case from '---- Parker was fined s10 for being unlaw- fully engaged In a horse race on pub lie road of that county, against it's peace and dignity. Parker was fined s10, promptly appealing his case. It was reversed and remanded on the ground of sufficient evidence.
 Other cases handed down by the su- preme court follow
 Walker, P. J.-Jim Parker vs. the state of Alabama, appeal from Monroe county court; reversed and remanded.
 Easter Johnson vs. the state of Ala bama, appealed from Wilcox circuit court; affirmed.
 J. J. Henderson vs. J. F.. Hollind, appealed from Blount circuit ciurt; re- versed and remanded.
 DeGraffenried, J.-Gus Culpepper vs. Hill Adams. appealed from Pike probate court; affirmed.
 Tom s. Fort vs. the state of Alabama, appealed from Macon county court; affirmed.
 Pelham, J.-H. J. Thompkins vs. the state of Alabama. appealed from Bes- semer city court reversed and re- manded.