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to this defendant that said sale was illegal fraudulent or unjust, nor has he or any one else a right to do so as he believes. This defendant further says that he may have heard or understood that said Meyer had made a transfer of his property to said R B Harrison, but knowing that no such assignment could prejudice being of prior judgments and executions, he took but little thought upon that subject if any at all and he now insists that said pretended deed or assignment not having been shown to him he cannot be charged with any notice of the same whatever, that the core entry of a copy upon the Clerks books of a paper to which there is no witness, and without any proof that the original is genuine is no notice to any One. This defendant did not know who composed the creditors pretended to be secured by said deed - nor the amounts claimed by them, he never was informed that Complainants claimed under said deed, He knows nothing of the frauds alleged against the other defendants, he never had any wish or concern in hindering or delaying the creditors of MeyersHe does not know whether there is property enough to pay the debts of Meyers without this land or not - And this defendant further says , that he is informed by said Meyer and fully believes the fact, that said May before the sold said lands to this defendant offered them to said Meyer for the amount he gave for said lands as aforesaid, and that said Meyer did not choose to avail himself of the offer & wholly neglected to make the purchase, that said May was willing and anxious to sell the said lands to said Meyer, and gave him a fair and bona fide refusal of the same before he offered them to defendant & before he sold to him as aforesaid.
Defendant says that the judgment and execution in favor of Roper Reese & Co was for dollars besides costs & interest & prays to have the transcript of the judgements & executions in the said cases thereto annexed and marked exhibit (CC) made a part of this answer. This respondent says that said complainants ought not to have or maintain said suit aginst him, because the said bill of Complaint and the matters therein contained are not sufficient in equity to sustain the same, he therefore demurs to the same, and
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sits down for cause of demurrer 1st that said supposed assignment as to the judgment creditors previously existing is null and void & that said Meyers could not convey the same in fee to any one, more especially without any consideration while the lieu subsisted & 2ndly that these creditors complaints ntobeing named in said deed, & being unknown to this Respondent both at the sale and purchase by him, and not having claimed under said deed within the knowledge of this defendant previous to those periods here is no privity between this defendant and said Compainants - 3rdly - that this defendant was not a trustee for said Complainants in the sale of said lands: that he was responsible to no one except the parties to the Judgment & executions, & that Complainants cannot make him their agent or trustee - more especially at a period subsequent to his action in the premises & 4thly because the said Complainants have not liquidated their demands and exhausted the balance of the estate of said Meyer - and generally for the want of equity in said bill he prays that the same be dismissed as to this defendant. Further answering this defendant says that the premises since his purchase have been occupied by a tenant placed in possession by some of defendants lessors for the present year, & he claims no interest in the rents & profits as yet - and now having fully answered the said bill as he has been advised to do, and not admitting other matters prays to be hence discharged with his reasonable costs in this behalf expended Cook & Evans A Harrison Defts Solrs
The State of Alabama Lowndes County] [Before the undersigned Justice of the peace for said County personally appeared said Alfred Harrison and being duly sworn upon his Oath says that the matters setforth in the foregoing answer as upon his own knowledge are just and true and the matters setforth os upon the knowledge & declarations of others he beleives to be just and true sworn and subscribed before me the 8th day of January 1842
Geo M Eldrige J.P.
Aff of A Harrison [in margin]
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The State of Alabama Lowndes County] [Then as Executions issued from the County Court of Lowndes County, in favor of Rugely Harrison & Blair and Benjamin Harrison use & c against William R Meyer was levied by me, as Sheriff of said County of Lowndes on the following, as the property as the property of the said William R Meyer Viz, the N W 1/4 of N W 1/4 of Section No. fourteen Township thirteen and Range Twelve the East 1/2 of N W 1/4 of Section No fourteen Township thirteen and Range Twelve the S W 1/4 of the N W 1/4 of same Section Township and Range. The S E 1/4 of S W 1/4 of Section Eleven same Township & Range, the N E 1/4 of S W 1/4 of Section Eleven same Township & Range containing in all two hundred and forty acres. And, whereas, said property having been first duly advertised for sale, was sold by me as Sheriff & aforesaid, on the first Monday of August 1840 before the Court house door of said County, to William S May who became the highest and best bidder for the same, at the sum of Six hundred and Sixty Dollars.
Now therefore, be it Known, that in consideration of the premises, and of the payment of the sum of money above mentioned. I do hereby sell and convey unto the said William S May all the legal right, title, interest and claim, which the said William R Meyer had and held in and to the property above described.
In testimony when of, I hereunto set my hand affix my seal, this third day of August 1840 Alfred Harrison Shff [LS] of Lowndes County Recd for Record 2 day of March 1841, Jno Varner, Clk This instrument is Recorded in my Office in Book of Deeds No.4 on pages 210 and 211 the 4th day of March 1841 John Varner Clk By Arnaziah Varner DC
The State of Alabama Know all men by these presents, that J William S May of Lowndes County for and in consideration of six hundred and sixty Dollars to me in hand paid by Alfred Harrison of said County
Sheriffs Deed Exhibit (AA) [in margin] W S Mays Deed to A Harrison Ex (BB) [in margin]
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the recipt whereof is hereby acknowledged have given granted bargained sold enfeoffed and confirmed and hereby doth give grant bargain sell enfeoff and confirm unto the said Alfred Harrison, all those tracts lots and parcels of land and premises situated in said County known in the surveys of the united States as the North West Quarter of the North West Quarter of section fourteen in Township thirteen Range Twelve. The East half of the North West quarter of section Fourteen Township Thirteen Range Twelve, the South West quarter of the North West quarter of section Fourteen and Township thirteen Range Twelve. The South East quarter of the South West quarter of Section Eleven in Township thirteen Range twelve. The North East quarter of South West quarter of Section Eleven Township Thirteen Range Twelve Containing in all two hundred and forty acres more or less. Together with all and singular the lands tenements rights & appurtenances thereunto belonging. To have and to hold all the aforesaid premises unto the said Alfred Harrison his heirs and assigns in fee simple forever - and do Covenant with the said Alfred Harrison his heirs and assigns that I am seized in fee of the said premises that they are free of all incumbrance and that I have a good right to sell the same and that I will warrant and defend the same to the said Alfred Harrison his heirs and assigns forever against the claims of all persons whatsoever In witness whereof I the said William May have hereunto set any hand and seal 1st day of March 1841 Signed sealed acknowledged] [W G May [Seal] & delivered in presence of us on the day above written Robt Perry Benj Harrison
Circuit Court Roper Reese & Co vs William R Meyer] [Fall Term 1838 This day came the parties by their attorneys and the defendant saying nothing in bar or preclusion of the plaintiff action It is therefore considered by the Court that the plaintiff recover of the defendant the sum of Seven Hundred and ninety five 77/100 Dollars the damages in the damages in the declaration mentioned together with the costs in this
Exhibit (CC) [in margin]
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behalf expended.
The State of Alabama Lowneds County] [I Josiah McMichael Clerk of the Circuit Court for the State and County aforesaid DA hereby certify that the above as a true correct and perfect copy of the judgement in the case of Roper Ruse & Co against William R Meyer unaired at the Fall Term of said Court 1838
Given under my hand and private seal, having no seal of Office at Office this the 12th day of December A D 1842 Josiah McMichael [Seal]
The State of Alabama Lowndes County] [To any Sheriff of the State of Alabama Greeting You are hereby commanded as you have hereto fore been commanded that of the goods and chattels, Lands and Tenements of William R Meyer you cause to be made the sum of Seven hundred ninety five 77/100 Dollars which Roper Ruse & Co lately in the Circuit Court of Lowndes County hath recovered against him for their damages, which they have sustained, as well by reason of the non performance of certain promise and assumption by the said William R Meyer to the said Roper Ruse & Co lately made; as also the sum of One 30/100 Dollars, as for their costs in and about their said suit in that behalf expended, whereof the said William R Meyer is convicted, as appears to us of Record; and that you have the said monies at out next Circuit Court for said County to be holden on the first Monday after the fourth Monday in September next, to under to the said Roper Ruse & Co for their damages and costs aforesaid. And have you then and there this writ, eith your endorsement thereon.
Writing Robert Perry Clerk of said Court, at Office, this 6th day of July One thousand Eight hundred and Forty, and of American independence the 65th year Robert Perry Clerk Issued 6 day of July 1840