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said application be granted. And it appearing to the
Court that notice of said application and the time of
set for hearing the same has been duly given by
publication for three successive weeks in The Chronicle, a
newspaper published in said Shelby County, and that the
heirs all of whom are non-residents and residing
out of this state as shown by said petition have been
duly notified of this application and the day set for
hearing the same by publication of notice to them directed for
three successive weeks, in The Chronicle a newspaper
published in said Shelby County and thereby brought into
Court according to law; and the said J.H. Hammond
heretofore appointed Guardian ad litem to represent and
defend the interests of Thompson H Cooper and Gene B Cooper
minor heirs, in all matters pertaining to this proceeding
coming now and consenting to serve as Guardian ad
litem, denying the allegations contained in said
application and demanding proof the Court now
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 Powell
Blain, T.M. Cooper and WH Bishop, disinterested
witnesses, taken upon interrogatories and submitted by the said
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:-- The SW4 of NE4, except
two acres owned by Mary Lee, the SE4 of NW4, Seven acres of
NW4 of SE4. Three and one half acres (3 1/2 acres) of SE4 of NE4
all in Sec 12, Tp 22, Range 2 West, and containing 881/2
acres--Four acres, more or less in NW4 of SE4 Sec 12
Tp 22 Range 2 West, North of ETV&G Ry except
one acre sold to WS Callen--also except 3 acres more
or less sold to Town Powell and also one half acre more
or less in NE4 of SE4 bounded or the South by ET
V and G Ry on North and East by lands of WS Callen and
West by lands before described, all in Sec 12 Tp
22 Range 2 West all lying and being in Shelby Co.
Ala, cannot be equitably among the heirs and
distributees and that the personal property is
insufficient to pay the debts of said estate, and that a sale
thereof is, therefore necessary for the purpose of making
an equitable distribution among the heirs and
distributees and to pay the debts of said estate; it is
therefore ordered, adjudged and decreed by the Court that the
said application be granted and the said W.W. West
is hereby ordered to sell the above described lands, in