C. S. Rhodes vs. Jennie Jordan, Petition to sell Lands.

Introduction

C. S. (Columbus Shepard) Rhodes, the Petitioner, was the son of Noah Shepard Rhodes and Nettie Amelia Reeves. Jennie Jordan was the daughter of Elmira M. Reeves Zellenor Carroll. This land, previously owned by Noah S. Rhodes and Nettie A. Reeves was petitioned to sell, to divide between the heirs.

Transcript

The State of Alabama
Lauderdale County... In Probate Court:

To the Hon. George W. Porter, Judge:
Comes now, C. S. Rhodes, etals., petitioners in the partition proceedings instituted by petition filed in said court on January 30th., 1908, and beg leave of the court to file this amended petition, setting out the corrected list of the joint owners, their interest, ages and residences, as follows, to-wit:
Middleton Reeves who is over 21 years of age and resides in the state of Missouri, post-office address unknown is entitled to 1/7 undivided interest in land. Jennie Jordan and Jessie Lewis, heirs of Elmira Carroll, deceased, who are over the age of 21 and reside in Texas, postoffice unknown, are each entitled to 1/14 interest. Mollie Summerhill, Nannie Sparks and Johnnie Sparks, heirs of Sallie Jennings, deceased, who are over the age of 21 and reside in Texas, post office unknown, are each entitled to 1/21 interest. The 1/7 interest of Mary Scott, deceased, decends as follows: W. T. Scott who is over 21 years of age and resides in Lauderdale County, Alabama 1/28 interest; Edna Jordan, Lillie Lack, & George Carroll, who are over 21 years of age and reside in Lauderdale County, Alabama, are each entitled to 1/112 interest; Leonard, Susie, Reeder and --- Carroll, minors under 14 years of age are entitled to each 1/448 interest; Osa Call who is over 21 years of age and resides in Lauderdale County, Ala., is entitled to 1/112 interest; Effie Vaughn who is over the age of 21 and resides in Jackson, La., is entitled to 1/112 interest; Tom Olive who is over the age of 21 and resides in Indian Territory, post-office address unknown, is entitled to 1/112 interest; Sam Olive who resides in California, postoffice address unknown, and who is over 21 years of age, is entitled to 1/112 interest; Newt Olive who is over the age of 21 years and resides in Tennessee near Cypress Inn, is entitled to 1/28 interest. The 1/7 interest belonging to Steve Reaves, now deceased, decends as follows: Steven F. Reaves, a minor under 14 years of age, residing with his mother, in Franklin County, Alabama, Florence Couch, a minor under the age of 14 years, residing near Killen, Ala., R. L. Reaves, who is over the age of 21 years and resides at Oakman, Ala., C. H. Reaves who is over the age of 21 years and resides at Tuscumbia, Ala., Mrs. Edna Smith, who is over 21 years of age and resides at Killen, Ala., and Mrs. Florence Martin is over 21 years of age, who resides at Pleasant Site, Ala., are each entitled to 1/42 interest. The 1/7 interest of Fannie Lee, deceased, decends as follows: W. C. Lee, who is over 21 years of age and resides at Winnewood, I. T., Smithy Lee, Mrs. Laura McKinney, and Laura Lee who are over 21 years of age and reside in Florence, Ala. are each entitled to 1/48 interest, the minor heirs of G. W. Lee who died near Gainesville, Texas, the names and ages of said heirs are unknown, are jointly entitled to 1/42 interest; Moody Lee Wallace, who is over 21 years of age, Cora Lee, Doyle Lee, George Lee, minors residing in Lauderdale County, Ala., are entitled to 1/168 interest. The 1/7 interest of Nettie Rhodes, now deceased, decends as follows: C.S.Rhodes, John Rhodes, J. H. Rhodes, Mittie Koonce, and Sou Fulmer, who are over the age of 21 years and reside in Lauderdale County, Alabama, are each entitled to 1/35 interest.
           C. S. Rhodes
Sworn to and subscribed Feb. 24, 1908
             George Porter
           Judge Of Probate

_Page 2_

The State of Alabama,
Lauderdale County...In Probate Court
To the Hon. George W. Porter, Judge

Comes now C. S. Rhodes, John Rhodes, J. H. Rhodes, Mittie Koonce, Sou Fulmer, Edna Jordan, Lillie Lack, Geo. Carroll, and W. E. Carroll, as petitioners, and allege that they are residents of Lauderdale County, Alabama, over twentyone years of age, and that they are joint owners in certain lands herein described, and tenants in common, with certain others whose names, and places of residence and ages are as follows, to-wit:
Jennie Jordan, Jessie Lewis, Mollie Summerhill, Nannie Sparks, and Johnnie Sparks, ho are over the age of twenty one years, residing in the state of Texas, postoffice address unknown to petitioners; Osa Lee, Newt Olive, Lena Lee, Smithey Lee, and Laura McKinney, over the age of twentyone years, and reside in Lauderdale County, Alabama; Midleton Reives, over 21 years of age, and when last heard of resided in the state of Missouri, post office unknown; "Steve Reives, over 21, Russellville, Alabama". Effie Vaughan, who is over 21 years of age and resides in Jackson, La.; Tom Olive who is over the age of 21 years and resides in Indian Teritory, post office unknown; Sam Olive who is over 21 years of age and resides in state of California, post office unknown; W. C. Lee who is over 21 years of age and resides at Winniwood, I. T.; and the minor heirs of W. E. Carroll, dec'd., to-wit: "Leonard Carroll, Sissie Carroll, Reeder Carroll, -- Carroll, minors under 14 years", who reside in Lauderdale County, Alabama; The minor heirs of John Foster Lee, dec'd., to-wit:"Cora Lee, Moody Lee, Doyle Lee", who reside in Lauderdale County, Alabama: which lands are described as follows, to-wit:
The E.1/2 of W.1/2, W.1/2 of S. E.1/4, N. W.1/4 of S. W.1/4, S.1/2 of N. E.1/4, N. E.1/4 of S. E.1/4, in sec. 22, and N.W.1/4 of N. E.1/4 and N. E.1/4 of N. W.1/4 in section 27, all in T1, R13 West. That said land can not be equitably divided between the said joint owners, without a sale for distribution of the proceeds. The premises considered your petitioner pray that the Court take all necessary steps required in the premises to perfect a sale of said lands for distribution.
C. S. Rhodes
Sworn to and subscribed before me, this Jan. 30, 1908.
George W. Porter

_Page 3_

Order Setting Day For Hearing Petition To Sell Land.
State of Alabama
Lauderdale County....Probate Court

Estate of C. S. Rhodes, et als. vs. Jennie Jordan, et als. This day come C. S.Rhodes, Petitioner and filed his application in writing and under oath, praying for an order and proceedings to sell certain real estate in said petition described for the purpose of distribution, upon the ground that the land can not be equally divided between the said joint owners, and it appearing, from said petition that the joint owners are: C. S. Rhodes, John Rhodes, J. H. Rhodes, Mittie Koonce, Sou Fulmer, Edna Jordan, Lillie Lack, Geo. Carroll petitioners and Jennie Jordan, Jessie Lewis, Mollie Summerhill, Nannie Sparks, Johnnie Sparks, Osa Call, Newt Olive, Lena Lee, Smithey Lee, Laura McKinney, Midleton Reives, Steve Reives, Effie Vaughn, Tom Olive, Sam Olive, W. C. Lee, and the minor heirs of W. E. Carroll dec'd, to-wit; Leonard, Sissie, Reeder, and ----Carroll, minor under the age of 14 years; and the minor heirs of John Foster Lee, dec'd, to-wit: Cora Lee, Moody Lee, Doyle Lee.
It is therefore ordered that C. W. Young be appointed Guardian ad litem for the said minors, Leonard, Sissie, Reeder, and ----- Carroll, under the age of 14 years and Cora, Moody and Doyle Lee, and that the 24th day of Feb. 1908 be, and it is hereby appointed a day for hearing the said application, and the proof's which may be submitted in support of the same. It is Further Ordered That due notice of the nature of said application, and of the time set for the hearing thereof, be given at least thirty days before the said day of hearing to the non residents in said cause by publication in some newspaper published in said County. It is Further Ordered That the residents of this State and County who are interested in said cause have notice of this proceeding, and the day set for hearing the same, by citation to be personally served upon them ten days before the day set for the hearing the same. George Porter, Probate Judge.

_Page 4_

The Florence Herald ................................Sale of Land

Under and by virtue of a decree of the Probate Court of Lauderdale County, Alabama, made and entered on the 18th day of April 1908, in the cause of C. S. Rhodes et al vs, Jennie Jordan et al., the undersigned, as commissioner therein named, will sell at public outery to the highest bidder for cash, in front of the court house door in Florence, Ala., within legal hours of sale on the 14th day of May 1908, the following described lands to-wit: E.1/2 of W.1/2, W.1/2 of S. E.1/4, N. W.1/2 of S. W.1/4, S.1/2 of N. E.1/4, N. E.1/4 of S. E.1/4 of sec. 22, and N. W. 1/4 of N. E.1/4 and N. E.1/4 of N. W.1/4 sec.27, all in T1, R13W. J. A. Dowdy, Commissioner.

_Page 5_

It is therefore ordered by the Court that the said J. A. Dowdy, Commissioner, aforesaid, proceed to convey to the sold, M. J. Biggs all the right, title, etc., which the said C. S. Rhodes, et als, vs. Jennie Jordan, et als, had and held in and to said land at the time of said sale........And it noe appearing yo the court that the said J. A. Dowdy, the aforesaid commissioner, has paid the said sum of $350.00 into court, it is therefore ordered, that when he shall have made and delivered the deed to said purchaser for the lands herein described, he shall be discharged from all further liability as such commissioner.
And it now appearing to the court that the court costs of this proceeding is $70.00, it is ordered that the said sum be and it is hereby deducted from the purchase price of $350.00, thus leaving a net balance in the hands of the court for distribution among the joint owners of said lands, according to their respective shares, which are fully set out in the petition in this cause. And it further appearing to the court that the parties entitled to share in the proceeds of said sale are given below, and the amount due each party is set opposite his name, Viz:

Midleton Reaves, 1/7---------------$40.00
Jennie Jordan, 1/14-------------$20.00
Jessie Lewis, 1/14---------------$20.00
Mollie Summerhill, 1/21-------------$13.33
Nannie Sparks, 1/21------------$13.33
Johnnie Sparks, 1/21---------------$13.33
W. T. Scott, 1/28-----------------$10.00
Newt Olive, 1/28-----------------$10.00
W. C. Lee, 1/42--------------$ 6.66
Heirs of G. W. Lee, deceased, 1/42------$ 6.66
Smithey Lee, 1/42----------------$6.66
Laura McKinney, 1/42---------------$6.66
Lena Lee, 1/42---------------$6.66
Stephen Reaves, a minor----------$6.66
R. L. Reaves, 1/42---------------$6.66
C. H. Reaves, 1/42---------------$6.66
Mrs. Edna Smith, 1/42---------------$6.66
Mrs. Florence Martin, 1/42----------$6.66
Florence Couch, a minor------------$6.66
C. S. Rhodes, 1/35---------------$8.00
John Rhodes, 1/35---------------$8.00
J. H. Rhodes, 1/35----------------$8.00
Mittie Koonce, 1/35---------------$8.00
Mrs.Sou Fulmer,1/35-------------$8.00

Commentary

Source

Lauderdale County, Alabama, Probate Court, Estate Packet #1819.
Recorded in Minute Book J, Pg. 192; Inventory Book #11, Pg. 517 - 518.