Ex parte Samuel Howell Petition for partition The State of Alabama Barbour County To Honorable A.H. Alston, Judge of Probate for said court. This partition of Samuel Howell, Caroline McDonald wife of D.D. McDonald, S.W. Howell, Sarah S. Howell, Lula E. Howell, and Cicero H. Howell. Respectfully shows that they all reside in the said County of Barbour and each over the age of twenty-one years, except the said Cicero Howell. Petitioners are the children and only heirs at law of Joseph Howell who died in the year 1881. These petitioners are joint owners and tenants in common together with Turner Howell, Mary J. Howell and Elizabeth Evans of these lands lying in said County of Barbour towit: W1/2 of NW1/4 of Sec 13. E1/2 of SE1/4 and NW1/4 of NE1/4 of Sec 11, all in Township 10 and Range 27. Said lands of petitioners are informed and aver were the property of General Washington Howell at the time of his death which was about the year 1860. There are four equal shares in said land owned as follows, one equal share each by said Turner Howell, Mary J. Howell and Elizabeth Evans, and one equal share owned jointly by these petitioners in right of their deceased father Joseph Howell who was a brother of said General Washington Howell. Petitioners aver that said lands cannot be equitably divided or partitioned amongst said tenants in common and joint owners without a sale, that a sale of the same is unnecessary to an equitable partitioned division in said four equal shares amongst said tenants in common and Joint owners and they pray for an order that said land be sold for said partition or division to effect that end. Said Turner Howell, Mary J. Howell and Elizabeth Evans all reside in said county of Barbour and each is over the age of twenty-one years. S.J. Howell Sworn and subscribed Dec 23rd 1884. A.H. Alston, Judge of Probate Answer by parties of interest Samuel Howell et al. vs. Turner Howell, Mary J. Howell, Eliz Evans In the Probate Court of Barbour County, Alabama, Feb Term 1885. (?) petition of the complainant for partition of real estate alleged to be joint or common property of partitioner and defendants. And now came, the said Turner Howell, and by way of plea or (?) to the said petition filed in the above untitled cause, says: He denies the allegations in said petition contained that the lands therein described towit: W1/2 of NW1/4 of Sec 13; E1/2 of SE1/4 and NW1/4 of NE1/4 of Sec 11 T10 R27 are now owned by petitioners and defendants as joint owners or tenants in common, for that he avers (and by this plea or answer he hereby assert, and brings to the knowledge of the Court and Judge of Probate an adverse claim on title in himself in and to that part of said land, hereinafter named) that he is the owner in full of the following subdivisions of said land described above in said petition viz.: W1/2 of NW1/4 of Sec 13 and E1/2 of SE1/4 of Sec 11 T10 R27 and that he has been in actual occupance thereof, holding and claiming to hold the same bona fide as his own against all persons for a period of time greater that ten years that, as to said subdivision ________ and described in said petition viz. the NW1/4 of NE1/4 of Sect 11 T10 R27 this defendant hereby disclaims having any title or claim therein. This defendant or to the said 160 acres herein before described and alleged to be his own. This defendant asserts, in himself adverse possession and claim against the petitioner and the balance of the world and claims to hold the E1/2 of SE1/4 of said Sec 11 under paper title from the said G.W. Howell, and claims to hold said W1/2 of NW1/4 of Sec 13 under purchase with full payment of the purchase fee from G.W. Howell more than 20 years ago with an actual occupancy since then, and hereby brings to the knowledge of Judge of Probate his adverse claim and title. White and Faulk, Attys for Defendant Alabama, Barbour County. Before we A.H. Alston, Judge of Probate and for said County, cause Turner Howell who being duly sworn says the matter and things set for the above plea, answer or (? ? ?) Turner Howell Sworn and subscribed Jan 30 1885 A.H. Alston, Probate Judge Samuel Howell et al. Vs. Turner Howell, Mary J. Howell, Elizabeth Evans In the Probate Court of Barbour County, Ala, Feb (9th) Term 1885, (?) petition for partition of real estate alleged to be joint or common property of petitioner and defendants: - And now come the Defendants, Mary J. Howell and Elizabeth Evans and by way of answer or plea to said petition filed in the above untitled cause said: They deny that the property described in said petition is join or common property of petitioners and defendants for they aver that they have no interest, title or claim in or to said W1/2 of NW1/4 of Sec 13 or E1/2 of SE1/4 of Sec 11 T10 R27 and they hereby disclaim having such or to the NW1/4 of NE1/4 of Sec 11 T10 R27, they allege that they are owners of fee, holding the same under proper title, in good faith, adverse to petitioner and all other persons, and hereby bring to the knowledge of the Judge of Probate their said adverse claim and title. White & Faulk, Attys for petitioner Came Turner Howell who makes affidavit to the truth of the above statement. Turner Howell A.H. Alston, Judge of Probate Order setting day for hearing; In the matter of the application of Samuel Howell et al., for the sale of certain real estate for division. Probate Court of Barbour County Alabama December 23rd 1885. Present and presiding A.H. Alston, Judge of said Court. This day came said Samuel J. Howell and filed his application in writing and under oath setting forth among other matters that he resides in this State and County and is over twenty-one years. The said Samuel J. Howell further shows by said petition that he is the fourth owner and tenant in common with Caroline McDonald, wife of D.D. McDonald, S.W. Howell, Sarah S. Howell, Lula E. Howell, Cicero H. Howell, Turner Howell, Mary J. Howell and Elizabeth Evans all of said parties being over the age of twenty-one except Cicero Howell. The said Samuel Howell of certain real estate which is particularly described in said application and said petition prays for an order of sale of said property for the purpose of division, upon the ground that the same cannot be equitably divided without a sale thereof. It is ordered that the 9th day February 1885 be appointed a day for the hearing of said application. Petitioner further set forth that all of said parties, reside in this state and County. It is ordered that citation be issued to Turner Howell, Mary J. Howell and Elizabeth Evans, notifying them of the time set for hearing said application, the other joint owner and tenants and common joined the said Samuel Howell in his said petition. It is further ordered that he and he is hereby appointed Guardian ad litum to represent the interest of the said Cicero Howell upon the hearing of said application and that he have notice of his appointment. ============================================================ Richard Price SOS 6-3