The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1916-11-24
CITY MUST PAY $1,000

thursday, the city of Birmingham will he
forced to pay Mrs. Harry Muller $1,000
Tor INJURIES received by her when she
fell into hole in a bridge at the corner
of Cleveland and Tate avenues in Biz
mlnsham. A jury in the Birmingham city
court gave her a judgment and the SUI
preme court affirmed the decision of the
lower court
In another decision the supreme court
held that the Henderson Boyd Lumber
company never obtained a clear title to a
slXth-ninths interest in 1870 acres of tim
Der land in Geneva county, and caused
the title to the property to pass into the
hands of heirs of William S. Rice. The
lower court, Geneva chancery court, held
that the companys title had been estab-
lished, but the supreme court reversed
this decision and rendered one in favor
of the heirs
An unusual question came up in the
case. 1t was contended that the person
who transferred the title to the lumber
company had obtained a warranty deed
through fraud and by threatening the
prosecution of Lee Rice, one of the heirs,
for alleged false pretense. Rice was ar
rested and kept in the city Jail of Samson
four days and in order to stop prosecu-
ton he and other heirs gave warranty
deed for the property, according to the
contentious of those who sued the lum-
Der company. The supreme court held
that this was fraud. Rice had been ac-
cused of obtaining goods valued at be-
tween $500 and $500 f3om the person who
had him arrested.
The Admission Lumber and Manufac-
turing company will be forced to pay
j. B. Griffis of Calhoun county 1915
because it failed to show in a war
ranty deed that railroad which had
not been constructed owned a right
of-way through property which Griffis
purchased from the company. Griffis
obtained a judgment in the Admission
city court and it was affirmed. He
coIttended that the value of the prop
erty was reduced by the right-of-way.
OTHER DECISIONS
Anderson, C. J--Phillips-Boy Pub
fishing company VS.. A. McKinnon ct
al, appeal from Coffee circuit court !;
reversed and remanded.
C. ]. Sudduth VS.. Central of Georgia
Railway company, appeal from Lee
law and equity court; reversed and re-
manded.
Admission Banking and Loan COM
pany VS. Miller G. Green, appeal from
Admission city court; affirmed
Mcclellan, PERRY B Pepper VS.
Alex G. Horn ct al. appeal from
Sumter chancery court; affirmed.
Katie Sims ct al. VS.. Zalena Birden.
dHPOdl AIOlu montgomery
court; reversed and rendered.
J l.. Straughn, agent, etc. VS.. Alton
Brake, appeal from Escambia circuit
court; affirmed
Mittie e. Frederick, as administra-
trix. etc, VS.. ]. H Wilbourne ct ais.
appeal from Houston circuit court; af-
firmed
Mrs. Mollie B. Lewis VS.. Miss Fam
ME l.. Lewis, appeal from Jefferson
nhannarV court. reversed and
dered.
w. Worthington VS.. city of Jasper,
appeal from Walker circuit court; re-
versed and remanded
Elk parte lobe Stout petition for
certiorari to court of appeals; writ de-
MED.
Sayre, J.-R. B. Blake VS.. Admission
City National bank. ct al, appeal from
Admission city court; affirmed.
Joseph H. Lyons VS.. Joseph B. Web
ster, appeal from Mobile chancery
court: affirmed.
James f. Compton, ct AL VS.. Hattie
a. Collins, ct al, appeal from Ma
rengo chancery court; affirmed in
Fart, reversed in part and remanded.
Louisville and Nashville Railroad
company VS.. ]. j. Williams & Co., APP
peal from Montgomery city court; af-
ftrmed.
Western Railway of Alabama VS..
E.dwyna Turrentine, appeal from Ma
con circuit court; reversed and re-
manded.
j. w. Wilson VS.. T. r. Ratcliff, ap-
peal from Marshall circuit court; re-
versed and remanded
S. e. Stewart VS.. Thomas J. Keller,
appeal from Cullman circuit court; re-
versed and remanded
Gardner, J-Bettie Josey VS.. ]. D.
Johnston, appeal from Conecuh chan
Gerry court; affirmed.
DR.. B. j. Lewis vs. International Fire
Insurance company. appeal from Mont
gomery city court; reversed and re-
manded.
Pinkie E. Rice ct al. vs.. Hender-
son-Boyd Lumber company ct al. APP
peal from Geneva chancery court; re-
yersed and remanded.
City of Birmingham VS.. Mrs Harry
Muller, appeal from Birmingham city
court: affirmed.
Admission Lumber and Manufacturing
company, ct AL, VS.. J. B. Griffis, APP
neal from Admission city court; al
firmed. rs
Claire De Riviere Darling ct al. vs..
Tssemena Hanlon, appeal from Mobile
chancery court; reversed and re-
manded.