Probate Records, Crenshaw County, AL
Compiled and contributed by:
Lisa Graham (LisaGraham32@aol.com)
NOV 2003
In publication once a week for three successive weeks in the Luverne
Journal, a newspaper published in this County. Jno. F. Walker. Judge of Probate.
Page 79,80
ORDER OF SALE GRANTED.
Probate Court Nov. 9, 1903
Petition of J. T. Jackson for sale of real and personal property for division.
This day having been regularly appointed more than thirty days from the filing
of said petition for the hearing thereof, now comes the said J. T. Jackson and
moved the court for an order of sale, in accordance with said petition of the
following real and personal Estate in said County, to wit: S2 of SW4 and 15
acres in the S.W. corner of SE & of SW4 Section 3, and North half of NW4
of SW4 of NW4 & N2 of SE4 of NW4 & W2 of NW4 of NW4, Section 10, All
in township 6 Range 17, containing 195 acres, more or less; Also the following
personal property to wit: 2 mules, 2 wagons, 150 bushels corn, more or less,
1 cow & calf, 8 head of hogs, 1 old buggy, 1/3 interest in cane mill, syrup
kettle, 2 plow stokes, grain distributor, cotton planter, plow gear, 5 hoes,
lot of plows, 2 wash pots, 2 wash tubs, grid stone, 2 bedsteads, 2 clocks, sewing
machine, desk, 10 chairs, stove & utensils, table, lot of old tools, cross
cut saw, saddle & gun, on the ground that the same can not be equitably
partitioned and divided without a sale thereof; and also comes
A. B. Brooks, Esq. heretofore appointed by the Court to be guardian ad litem
for WILLIAM JACKSON & BENJAMIN JACKSON, minors heirs of J. M. Jackson, deceased;
Effie Jackson, Jesse Jackson, Daniel Jackson, Norman Jackson, Willie Jackson,
Eunice Jackson, Rodney Jackson, Aubrey Jackson and Charley Jackson minor heirs
of J. G. Jackson, Deceased, to represent and protect their interest in the matter
of said petition, and who has duly filed his answer as such guardian denying
the allegations contained in said petition; and it appearing that due notice
of the time and place set for the hearing of said petition has been given to
all parties in interest in pursuance of law and in all respects as directed
by the order of this Court made and entered in the premises on the 10th day
of Oct, 1903 and it now being proved to the satisfaction of the Court by the
testimony of W. M. Hardage and J. H. Clark, who are disinterested witnesses
in this behalf and whose testimony has been taken as in chancery cases, and
filed of record in the proceeding that the said property cannot be equitably
divided and partitioned among all the parties in interest without a sale thereof.
It is therefore ordered, adjudged and decreed that the said petition be granted,
and that the property hereinbefore described be sold for partition and division,
it is ordered that B.R. Bricken, who is deemed by the Court a suitable person,
be appointed a commissioner to whom a commission shall be addressed and issued
containing the names of all the said parties entitled to share in such division
together with the quantity interest of each, as also a description of said property,
directing him to sell the same for cash to the highest bidder of public auction,
on the premises of the late J. M. Jackson, deceased, near Dozier, ALA., after
first giving at least three weeks notice of the time, place and terms of sale,
together with a description of said property by advertisement in the Luverne
Journal, a newspaper published in Crehshaw County; and further that said Commissioner
be directed to make return to this Court in writing and under Oath of his proceedings
in this behalf within thirty days after said sale. It is further ordered that
said petitioner do pay over into the hands of the Judge of this Court the proceeds
of said Sale after deducting therefrom the costs and expenses attending the
sale including his commission.
Jno. F. Walker Judge of Probate
Page 80 Probate Court Dec. 9th, 1903
ORDER SETTING DAY FOR COURT FIRMATION.
Petition of J. T. Jackson for an order to sell property for division
This day came B.R. Bricken, who was heretofore appointed commissioner by the
Court to sell certain property for division among joint owners, on the application
of J. T. Jackson. Said property is fully set out and described in an order or
decree of this Court made and entered on the 9th Day of Novemeber, 1903, and
files his report in writing and under oath, which states, among other things,
that the real estate described in said decree and in the commission containing
195 acres, was bid in by J. W. Weatherford for the sum of $1571.25, that being
the highest and best bid for the same and that the personal property set out
and described in said decree and in said commission sold for the sum of $264.27.
Said sale was made on Dec. 1,1903 in strict conformity with decree of Nov. 9,
1903, it is therefore ordered that said report be filed and that the 21st day
of December, 1903, be and is hereby set for the hearing of the confirmation
of said report. Jno F. Walker Judge of Probate
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