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same by citations served upon them not less than ten
days before this day, and that the heirs named in said
petition residing out of this state, have been duly notified
of this application, and the day set for hearing the same, by
publication of notice to them directed for 3 successive weeks
in The Peoples' Advocate a newspaper published in said
Shelby County and thereby brought into Court according
to law; and the said John H. Hammond heretofore
appointed Guardian ad litem to represent and protect and
defend the interests of George G Davis, Young Davis
Filden J. Davis and James L. Davis, minor heirs,
in all matters pertaining to this proceeding coming now
and consenting to serve as said Guardian ad litem,
denying the allegations contained in said application and
demanding proof, the Court not proceeds to hear said application.

And it appearing to the satisfaction of the Court, from
the allegations contained in the said petition and
from the depositions of Isaac Howard and W.H. Stokes
disinterested witnesses, taken upon interragatories and
submitted by petitioner, which depositions are ordered
to be filed of record, that the lands mentioned in
said petition of which the said deceased died seized and
possessed, which lands are described as follows, towit:
Part of NW 1/2 of NW 1/4 and part of NW 1/4 of NE 1/4 and part
of SE 1/4 of NW 1/4 of Sec 4, and part of NE 1/4 of NE 1/4 of Sec
5, all in Tp 18 R 2 East; and part of SW 1/4 of SW 1/4
Sec 33, Tp 17 Range 2 East situated in shelby Co Ala
cannot be equitably divided among said heirs and
distributees and that a sale thereof is, therefore, necessary
for the purpose of making an equitable distribution
among the heirs and distributees; it is, therefore,
ordered, adjudged and decreed by the Court that the
said application be granted, and the said DF Funderberg
as such admr de bonis non is hereby ordered to sell
the above described at Columbiana Ala on the
28^th day of Feby, 1898, between the hours of eleven
o'clock in the forenoon and four o'clock in the
afternoon of said day, at public vendue, to the highest
bidder, after having first given notice of the day, place
and terms of said sale, and a description of the
property, for 3 successive weeks by posting at the Court
House door and three other public places in said County
and that he make report of said sale to this Court
within sixty days after the same is made. It is further
ordered that said sale be mafe on the following
terms, viz: For Cash. And it is furthr
ordered that said petition be recorded.
D.R. M^cMillan, Judge of Probate