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and parcles of land betwene them as complainants and one James Battle as defendants and that among the said tracts & parcles of land so prayed to be partitioned and divided betwine them as complainants & heirs at law of said George M Rieves & the said James Battle as defendants to said Bill an inclosed the same identical lands as heretofore particulary specified & described, Your orator therefore prays your honor that this his bill of complaint may be taken & considered, by your Honor in the nature of a of a cross bill to the bill of complaint of the said Thomas E Rieve Wm H Rievs Christopher P Reevs George M Rievs Sarah Rieves & Peter P Rievs & John L Rieves against the said James Battle as aforesaid so far as the lands heartofore specified & described are conserned, and that further proceeding in the case so far as the lands hearin before specified an conserned and that the said cause and the cause of your orator may by order of your Honor proceed togather & be heard togather and decreed upon at the same time so far as the lands as described in your orators bill are concerned and your orator further prays that the said James Battle & Eliza Battle his wife John A Evans Charls P Evans Sewis Troost & Caroline Troost his wife and Josiah L Evans for himself as an heir at law of said Thomas Evans decd and as Administrator of said Thomas Evans decd and the said Thomas E Reives William H Reives Christopher P Reives George M Reives Sarah Rieves Peter P Reives John T Reives and Joseph VanDe Voot as administrator of the estate of said Harris Smith Evans decd may be made parties defendants to this bill & that they may be compelled to make upon these several Respective corporal oths full perfect direct & complete answers to all and singular the charges and allegations hearin contained to the best of their knowledge informed rememberance & belief as fully & particular as if they were thereto specially interrogated, And especially that the said Josiah L Evans John A Evans Charles P Evans & James Battle & Eliza Battle his wife answer in whose names the said lands was purchased ofrom whom said Thomas Evans purchased said lands or any part thereof. And in whose possession previous to and at the time the death of said Harris Smith Evans decd the pattents for said lands were. And if they were in the possession of said Harris Smith Evans before and at the time of his death, How did the said Harris become Possession of them in his life time, and when did he first become possession of them fromwhom did he Receiv possession of the same And if the said Thomas Evans in his life time did or not give to said Harris the said lands & whether the said Harris did or not enter into the full possession & dominion of said lands as hearin befor stated and charged & did clear improve & cultivate sd lands as charged the time stated - and especially that they answer who now has pattents & deeds & evidence of the titles of said lands & from [who] are they received the same. And in whose possession the instrument or deeds from said Thomas Evans to the said Harris Smith Evans
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for said lands now is &how & in what names such persons became possessed thereof and from whom & that they be compelled to produce the same in the Honorable court & if the same is not now in existance that they state who and by whose directions was the same distroyed & in what manner & that they be respectfully compelled to set out the same on these answers to this bill, and further that they respectfully and particular whether the said Josiah L Evans and the said James Battle & George M Reives befer & at the time of the sale & purchase of said land had notknow for a long time previous & then did actually know if the Gift of said land by said Thomas Evans to said Harris Smith Evans & of his occupying clearing & improving by said Harris of said lands as heartofen charged & of the contints of the said deeds or instruments in writing giving and conveying said lands to said Harris by said Thomas, And your orator prays that the said defendant who may be possessed of said instrument may be compelled to [append?] the same to his answer to this Bill or a copy thereof & have the original togather with the patents for said lands & deeds &c ready to produce in this Honorable Court upon the final hearing of the cause. And your orator prays that the sale of said lands to the said James Battle and George M Reives 7 the procurring the same in the manner and under the circumstances herein before charged may be declared fraudulent and void by this Honorable Court and that the deed executed to them upon such sale may be decreed to be delivered up to be canceled so far as the said lands are concerned and that the said lands may be decreed to be sold under decree of this court for the purpose of paying and satisfying your orators just demands herein before specified, and your orator prays for such other and General Relief as he is in Equity & good conscience entitled to in the premises and as in duty bound he will ever pray &c
C. C. Sellers Solisitor for Complainant
Affidavit
The State of Alabama } Wilcox County }
Personaly appeared befor me John P Fairly Register in Chancery at Camden for the 13th Chancery District & Southern Chancery Division of Said State. Abel E Evans the complainant who being duly sworn upon oath sayeth that the statement charge & obligations contained in the foregoing bill as stated upon his own knowledge as true and there stated upon the information of others he believes to be true Sworn to and subscribed } before me the 5th day } of October AD 1846 } Jno P Fairly Reg; }
A.E. Evans
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Affidavit for Publication as to non resident defts
State of Alabama } Wilcox County } A E Evans vs James Battle & others } Personally appeared in open court Calvin C Sellers Solicitor for the complainant and being duly sworn, upon oath sayeth that John L Reives & Peter P Rieves two of the defendants in the above entitled cause are as affient in informed & verilly believes non Residents of this state, that they reside in the state of Virginia in the county of [Granville?] in said State. But that the particular place town or village of their residence is unknown to affiant, affiant further states that he is informed and believes that each of said defendants are under the age of twenty one years, but whether they are under the age of fourteen years is unknown to affiant. And whether they have any General Gardian - or Parents living or with whom they reside is wholy unknown to affiant. Sworn to & subscribed in open court the 7th day of October 1846 J. P. Fairly Regr
C C Sellers
Chancery Court October Term 1846
Order to Amend Bill
Abel E. Evans } 76 vs } Josiah L Evans } James Battle & wife } John A. Evans & others } In this case the complainant has leave to amend his bill
Affidavit for Bail publication Abel E. Evans } 76 vs } Josiah L. Evans } James Battle & wife } and others } In this case came the complainants solicitors and submited an afidavit stating that Peter P. Rieves & John L Reives two of the defendants are under the age of twenty one years and that they are nonresidents of this state that [they] reside in Grammvill County in the state of Virginia, the particular town or village or place of their Residence he does not know wheropen it is ordered by the court that notice of the pending of this suite in this case be given to said defendants by publication to be made once a week for four consecutive weeks in the Wilcox Banner a news paper, published in the town of Camden in the State of Alabama a copy of which notice shall be posted on the door of the co[urt] House requiring the said defendants to answer the bill filed [in] this case within Sixty days
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Subpoena in Chancery
The State of Alabama Southern Chancery Division, Thirteenth Chancery District at Camden. To any Sheriff of the State of Alabama - Greeting - We command you that you Summons Josiah Evans administrator of all & singular the goods chattles rights & credits which were of Thomas Evans decd at the time of his death and also as heirs at law to the said Thomas Evans decd , of [?] County personally to be and appear befor our chancellor in our court of Chancery at Camden with thirty day after servis of this subpoena then and there to make answer under oath to a Bill of Complaint lately exhibit by Abel, E, Evans, against said heirs and James Battle & Eliza Battle his wife Troost & Caroline Troost his wife and John A Evans & charles P Evans & Thomas E Rieves William A Rieves christopher P Rieves George M Reives Sarah Rieves Peter P Reives & John T Rieves and to answer the same and further to do and perform what our chanceller shall direct & order in this behalf the said defendants shall in no [?] omit under penalty &c And we further command that you have this writ with your endorsement thereon at our said court of chancery
Witness John P Fairly Register of our said Court of Chancery at Camden in the Division & District aforesaid at office in Camden this 9th day of October in the year of our Lord one thousand eight hundred & forty six, and of the American Independance the 71st year Issued 9th day October 1846 J.P.Fairly Registar
Exd, by shff Recd October the 27th 1846 Executed October the 31th 1846 Wm Burks shff
[in margin sp in chancery?]
The State of Alabama Southern chancery Division - Thirteenth Chancery District - at Camden, to any sheriff of the State of Alabama Greeting. We command you that you summons George M Rieves of Autaga County personally to be and appear before our chancellor in our court of chancery at Camden within Thirty day after servise of this writ then & there to make answer under oath to a Bill of Complaint lately exhibited by Abel. E, Evans against him and Josiah. T. Evans John .A, Evans Charls P Evans, James Battle & Eliza his wife - Troost & Caroline Troost his wife William H Rieves christopher P Rieves Thos E Rieves Sarah Rieves Peter P Rieves & John L Rieves, and to answer the same and further to do and perform what our chanceller shall direct and order in this Behalf the said defendant shall in no wise
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omit under penalty &c and we further command that you have this writ with your endorsment thereon at our said court of chancery to be holden at Camden the 4th Monday in August 1847. Witness John P Fairly Register of our said Court of Chancery at Camden in the Division & District aforesaid at office in Camden this 9th day of October in the year of our Lord one thousand Eight hundred & forty six and of the American Independance the 71st year Ishured 9th day of October 1846. J. P. Fairly Register
shffs return
Recd in office Oct the 30th 1846. James Clipper shrff
Executed on George M Rieves by giving to his guardian a coppy of this supp 16th Dec 1846. J. Clipper shff of Autauga Co Ala
The State of Alabama Southern Chancery Division -- Thirteenth Chancery District -- at Camden, To any sheriff of the state of Alabama, Greeting--We command you that you Summon John A Evans & Charls. P Evans of Wilcox County personall to be and appear before our chancellor in our Court of Chancery at Camden within thirty days after servis of this suppoena there & then to make answer under oath to a Bill of Complaint lately exhibited by Abel E Evans, against said them & James Battle & Eliza Battle his wife -- Troost & Caroline Troost his wife & Josiah T Evans, Thomas E Rieves William A Rieves Christopher P Rieves George M Rieves & Sarah Reives Peter P Rieves & John T Rieves, and to answer the same and further to do and perform what our chanceller shall direct and order on this Behalf the said Defendent shall in no wise omit under penalty &tc and we further command that you have this writ with proper endorsement thereon at our said Court of Chancery to be holden at Camden on the fourth Monday in August 1847, Witness John P Fairly, Register of our said Court of Chancery at Camden [inkblot] the District & Division aforesaid at office in Camden this 9th day of October in the year of our Lord one thousand Eight hundred & forty six and of the American Independance the 71st year [illegible] 9th day of October 1847 J. P Fairly Register
Shffs Return
Recd October 9th 1846 Executed October 9th 1846 on J.A. Evans E,H, Cook, Sheff Executed on Charl P Evans Oct, 28th 1846 E,H, Cook sheff
Spo for defts
The State of Alabama
Southern Division Thirteenth Chancery District at Camden - to any Sheriff of the State of Alabama, Greeting. We Command You that you summon