Evans v. Evans

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Smith Evans was a Co. Security with your orator, to the note as hear in before discribed as made payable to James H. Saxon & that the said Thomas E. Ellis the other maker of said note was the principal in said note--And that said Harris Smith Evans died some time in the month of September 1839 and that his estate has since been reported insolvent to the Orphans Court of Wilcox County & so declared by the said court & further that long before your orator paid the judgment in favor of said Coley or the Judgment in favour of said Saxon

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the following Lands of the land office in Cahawba and from other persons and took pattents titles & deeds in the name of the said Thomas Evans for the following described lands, to wit, the lot D of the fractional Section 26 the lot C in fractional section twenty six the lot five in fractional section twenty six and the lot A in the fractional section twenty six East of the Alabama River of Township 12 of range six situated on Wilcox County also lot E. of the fractional Section 36 East of the AlabamaRiver of Township 12 of Range Six also the west half of the N.W. 1/4 of the E 1/2 of the NW 1/4 Section in Wilcox County that some time in or about the year 1831 the said Harris Smith Evans married? and the said Thomas Evans being desirous that his son the said Harris Smith Evans should be settled near him and also being desirous for and in consideration of the natural love and affection which he bore his said son to advance the fortune of his son said Harris Smith Evans and the said Thomas Evans being then in possession of large means and estates consisting in lands & monies negros &c did give to the said Harris Smith Evans an absolute right to all of the above discribed lands and then and there place the said Harris S Evans in possession of the same, and did then and there deliver to the said Harris the pattents deeds & all evidence & remaining tittle to the said land, and the said Harris Smith Evans did then and there go into the free full absolute & unqualified posession & dominion of said lands and did so continue even untill the day his death fully and absolutely posession of all the lands until and had from the date of his entering open them continued to clear ditch improve cultivate & occupy said lands and had cleared ditched fenced and [advanced?] to cultivation at least if not more five hundred acres of said land, and erected dwelling houses kitchen corn cribs negros Houses [illegible?] Houses & screws and during all this time the said Thomas Evans at no time pretended even by [coles?] of tittle or otherwise to claim or have titles to said lands but on the contrary frequently stated expressaly that he had given said lands to his said son Harris Smith Evans, and your orator further showeth that the said Thomas Evans in his life time executed to the said Harris Smith Evans a written instrument evidencing unqualafied the gift by him of the said land to the said Harris' Smith Evans in fee Simple And your Orator further sawith that after the death

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of the said Harris Smith Evans which happened about the last of August or the first of September 1839 that the above mentiond instrument in writing giving & conveying to said Harris Smith Evans the lands aforesaid as well as the pattents for said lands. Came into the possession and under the controle of one John A Evans and Josiah L Evans & James Battle & George M Reives. the said John A being a brother of said Harris Smith Evans & the said Josiah L. Evans being a Brother & administrater of the estate of his Fathr the said Thomas Evans, who had previously to the death of the said Harris Smith departed this life and the said James Battle & George M Reeves being sons in law of the said Thomas Evans decd & the said James Battle one of the Heirs at law of said Thomas Evans in light of his wife Eliza formally Eliza Evans. And your orater further showeth that the said Harris Smith Evans died in the house when the said James Battle & wife & the sd Jonah L and George M Reeves was then living and that the proper Evidence of the said Harris at the time of his death was on the opposite side of the Alabama River and that at the time of his death he had no white family and that the said John A Evans Josiah L Evans, James Battle & George M Reives had & did have access to all the papers of the said Harris Smith Evans, including land titles & evidence of titles and all his papers, and did take the same into there possession and continued so possessed until of them until administration was granted on his Estate and after the grant of administration retained and still do retain & withhold the said writen instrument evidenceing the gift of the said land by the said Thomas Evans to the said Harris Smith Evans.

Your orator further showith unto your Honor that after the death of the said Thomas Evans, to wit, on the 23 - day of Jany A.D. 1838 administration of his Estate was granted by the orphans Court of Wilcox County to the son of said Thomas decd, to wit Josiah L, Evans. and afterwards, to wit, on the 17th day of August 1840 the said Josiah L Evans administrator as aforesaid filed his petitions in the orphans Court of Wilcox County praying for a sale of all the Real Estate belonging to the said Thomas Evans decd at the time of his death and in his said petition included the same identical lands as heartofor in befor- dis cribed alth[inkblot obscures]oug your orater charges expressly that befor the filing of his said petition & at the time he had seen and then [illegible], and your orator verily believes either had in his possession or could have had if he desired the original instrument in writing

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or deed executed by the said Thomas to the said Harris Smith Evans for said land. Your orator further showith that after the filing of his said petitition for the sale of the said lands that the Orphans Court afore said on the 19th day of October 1840 decreed the said lands to be sold and appointed Daniel Cook C M Pegues Wm H Pledges & Gabriel Hawkins as commissioners to sell said lands - that afterwards to wit on the 11th day of January 1841 the said lands was exposed to sale, by the said commissioners to sell said lands at public auction and at the said sale the said James Battle the Brother in law of the said Josiah L Evans the Admt of the estate of said Thomas Evans decd and Heirs at law in light of his wife Eliza of Thomas Evans Estate became the purchases of lands as heartofore discribed for and on account of himself the said James Battle as well as for and on account of his then copartners in business as factors & commissions merchants in Mobile to wit one George M Reives and the said James Battle took a deed for said lands in his own name insted of in the name of the said George M Rieves as well as himself and your orater further showeth that after the purchase as aforsaid the said James Battle & George M Rieves made a writen memorandum of the said purchase in the Books of there firm which is signed by them both to the effect that said lands was purchased for & on account of both of them equally, and your orathor further showeth that since that time the said George M Rieves has departed this life, and your orater further showith that before the filing of the petition for the sale of said lands in the orphans Court of Wilcox County by the said Josiah, L, Evans as administrator of said Thomas Evans & befor the sale and at the time of the said sale of said lands, that the said James Battle and his copartner the said George M Rieves knew of the Gift of the same lands to the said Harris Smith Evans and had each before that time seen and inspected the said instrument in writing or deed So made by the said Thomas the sd Harris Smith Evans as aforsaid, and knew of the said Harris's improvement & cultivating of said lands as hearinbefor stated, and not only knew prior to then purchase of said lands possessions clearing & improving of said lands by said Harris as aforesaid but actually knew & had seen & been informed both before and after the death of said Harris that [illegible] Thomas not only delivered the said instrument or deed in writing to said Harris evidencing their Gift to said Harris by said Thomas of said lands & titles from said

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Thomas to said Harris. But that the said Thomas had delivered to said Harris at the time of the Gift, the pattents deeds etc for the said lands & the said Harris was possessed of the same at the time of his death all of which your orator charges they actually knew long before these purchas. And your orator expressly charges they [illegible] purchases of said lands with actual notice of the title of said Harris Smith Evans and your orator further charges that the pattents deeds for said lands was all in the names of said Thomas, Evans, that the said James Battle Josiah L Evans John A Evans & George M Rieves, the said George M being also a sun in law of the said Thomas Evans decd, collected togather fraudulently to supress all evidence of title from said Thomas Evans decd to said Harris thereby leaving it apparantly to appear from the face of the pattents & deeds for said lands, that said lands [illegible?] in trusts belonged to Sd Thomas, & not to said Harris & for the purpose of defrauding the creditors of said Harris & increase their interests in the estate of said Thomas decd , Your orator further showeth that said Thomas Evans left the following named persons his children & heirs at law, to wit, Harris Smith Evans who has since died intestate leaving no wife or children or decendants of children Eliza Battle wife of James Battle of the City of Mobile Caroline Troost the wife of Lewis Troost of the City of Mobile Josiah T Evans who administered upon the & now is the administrater of his estate John A Evans & Charles P Evans of the County of Wilcox & state aforesaid, all of whoom are over the age of twenty on years

He further showeth that the said George M Reives has also departed this life, leaving no wife or child or childrin or decendants of any of them & that the following named persons are his heirs at law, to wit, Thomas E Reives William A Rieves Christopher P Reives of Montgomery County Ala & George M Reives & Sarah Rieves of Chambers County & Peter P Rieves & John T Reives of the state of Virginia the Particular County of theirs residence in said state being unknown to your orator. And your Orator further showith that one Joseph Vandervoor of Wilcox County is the administrator of the Estate of Sr Harris Smith Evans, and that your orator hath duly presented his said claim against said Estate of said Harris dec 5 within 18 'months after these [accounts?]

Your orator further showith that there is now pending in the Honorable Court a bill filed by the heirs at law of the said George M Rieves decd to wit Thomas E Reives William H Rieves Christopher P Reives George M Reives Sara Rieves Peter P Reives & John L Rieves for partitions of divisn tracts

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