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# BACK TO THE LOWER COURT
Farley Bank Case Again in Supreme Court.
# DECISION FOR THE PLAINTIFFS
Suit Involves Fiffeen-Year-Old Debt of $151,000.
Decision on Demurrers in Appellate Court Sends Famous Case Back To Chancery Court To Be Tried On Its Merits,
The celebrated litigation between J. L. Hall and L. B. Farley, as Trustees, against the Alabama Terminal and Improvement Company, the (old) Farley National Bank, and others, was restored to the Chancery Court yesterday by a decision of the Supreme Court, which affirmed en appeal and reversed and remanded on cross appeal.
The suit, which was instituted in January, 1892, involved a debt of $151,000 owed by the Alabama Terminal Company to the Farley National Bank, which was forced to suspend business when the Company failed, the execution in the original suit against the company being returned by the sheriff with the report: "No property found."
The effect of the decision in the appeal and the cross appeal is to place the suit once more before the Chancery Court for trial on its merits. It has now been before the Supreme Court three times. The plaintiffs in the original bill, Hall and Farley, secured a judgment which the Supreme Court set aside. The bill was amended, and in the second trial the defendants received a favorable judgment, which was reversed. In the third and latest trial the plaintiff's victory in the lower court on demurrer was upheld by the Supreme Court The case will now be tried on its merits.
The defendants are numerous and many of them are citizens of Pike County. The litigation had as its indirect source the Alabama Midland Railroad, which the Alabama Terminal and Improvement Company contracted to construct.
This original bill was brought in the Chancery Court of the Southeastern Division by Joseph L. Hall and Louis B. Farley against the Alabama Terminal and Improvement Company, the Farley National Bank, Joseph W. Woolfolk and others. The Alabama Terminal and Improvement Company's failure, it was alleged in the bill, had caused the suspension of the Farley National Bank, to which it owed $151,000, on August 21, 1891.
H. M. Hall was appointed receiver of the Bank, and in January, 1892, he brought suit against the company to recover the indebtedness. He received judgment for $117,900.92, the debt having been reduced by payments while the suit was pending. The sheriff returned the writ of execution resultantly issued with the report: "No property found."
February 15, 1892, the Bank was authorized to resume business and February 23, the debt was transferred to the orators in the bill.
Charles Henderson and others had subscribed to stock in the Alabama Terminal and Improvement Company, the payments to be made when the Alabama Midland Railroad had been completed within a mile of Montgomery.
List of Decisions.
To obtain payment of the debt, suit was brought against the subscribers of the stock. It was then alleged that J. W. Woolfolk, as president of the Terminal Company, had bought the stock from the subscribers for the company and it was upon this point that much of the litigation bore.
The Supreme Court yesterday handed down the following decisions:
Tyson, C. J.-Alabama Terminal and Improvement Company et al. vs. J. L. Hall and L. B. Farley, as trustees, etc., et al, appeal from Montgomery Chancery Court, affirmed,
J. L. Hall and L. B. Farley, as trustees, etc., et al vs. Alabama Terminal and Improvement Company et al., cross-appeal, from Montgomery Chancery Court, reversed and remanded:
Haralson, J.-C. W. Henry vs. Board of Revenue of Jefferson County, appeal from Birmingham City Court, affirmed.
Ashby Brick Company, et al. vs. Ely and Walker Dry Goods Company, appeal from Birmingham City Court, reversed and remanded.
Simpson, J.-Birmingham Railway, Light and Power Company vs. Mabel Moran et al., pro ami, appeal from Jefferson Chancery Court, affirmed.
Rainer Mercantile Company vs. J. M. Deal, appeal from Coffee County Court, affirmed.
J. M. Deal vs. Rainer Mercantile Company, cross-appeal from Coffee County Court, affirmed.
Llewellyn Jordan vs. Fennell McDonnell, ef al, as administrator, etc., appeal from Madison Circuit Court, affirmed.
John D. Roquemore vs. Vulcan Iron Works Company, appeal from Montgomery City Court, reversed and remanded.
Denson, J.-R. H. Martin vs. Jesse French Piano and Organ Company, appeal from Chilton Circuit Court, reversed and remanded.
Nim Lawson vs. State of Alabama, appeal from Hale County Court, reversed and remanded.
Per Curiam-J. F. Layton vs. George L. Campbell, appeal from Henry Probate Court. Certiorari awarded.
J. W. Sparks, vs. J. S. Reeves and Company, appeal from Clay County Court, motions for Certiorari and to
