Estate Records of John Fowler, Houston, Alabama http://files.usgwarchives.net/al/houston/court/jfowler.txt ======================================================================== USGENWEB NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed and copyrighted by: Judith A. Fowler ==================================================================== April 1999 Estate of John Fowler, Jellico Community, Houston County, Alabama. Wife: Vermillion (Daughtry) Fowler. Their known children were William E. Fowler (m. Elizabeth "Lizzie" Lee); John Bryant ("Tom") Fowler (m. Ella Clyde Lee); Minnie Eron Fowler (m. William L. Fulford); Ethel Fowler (never married); Reese Fowler (m. Annie Mae (Cox) Rainwater); James Tance Fowler (m. Lucy Lee); Ewell Shelton ("Luly") Fowler (m. Lillie Collins); E. Masco Fowler (m. Belle Brannon). All, except Annie Mae (Cox) Rainwater Fowler, are buried at Winslette Chapel Methodist Church/Jellico Community Cemetery, Jellico Community, Houston County, Alabama. Located in Houston County Courthouse Dothan, Alabama Deed Book 53, page 265 IN THE MATTER OF THE APPLICATION OF VERMELL FOWLER FOR HOMESTEAD EXEMPTIONS FINAL DECREE STATE OF ALABAMA HOUSTON COUNTY IN THE PROBATE COURT OF SAID COUNTY ESTATE OF JOHN FOWLER, DECEASED IN THE MATTER OF THE APPLICATION OF VERMELL FOWLER FOR HOMESTEAD EXEMPTIONS On the 7th day of February 1930 Vermell Fowler had filed her application seeking to have certain real estate set apart to her, as exempt, as the widow of John Fowler; and the Court having appointed M. C. Collins, Walter Daughtery and H. D. Ard as the Commissioners to set apart and allot said homestead exemptions, which said commissioners did on the same day file their report in writing, duly verified by affidavit allotting and setting apart said homestead exemptions to the widow, Vermell Fowler, as exempt to her, said report being on file in this Court, and is herein referred to and made a part thereof. And it appearing to the court that no exceptions were filed to said report allotting or setting apart the homestead exemptions to said widow within the time allowed by law for filing such exceptions. And it further appearing to the Court that upon the filing of said report of said commissioners that this Court did make and enter an order fixing March 11th 1930 as the day for the hearing of said application, the report of said commissioners and the confirmation thereof; which said order is on file in this Court and herein referred to and made a part thereof; and on the same day said Court did make and enter an order of publication to the next of kin who were non residents of the State of Alabama. And it further appearing to the Court from the report of W. C. Batchelor that notice to the next of kin was duly published in the Dothan Eagle, a newspaper published in Dothan, Houston County, Alabama, on February 7, 14, and 21, 1930, which affidavit is on file in said cause and is herein referred to and made a part of this decree, and it is further ordered, adjudged and decreed by the Court that said notice set out in said affidavit and on file in this cause was duly published in said Dothan Eagle on said respective dates. And it further appearing to the Court that the following heirs at law of the said John Fowler, to-wit: W. E. Fowler, John B. Fowler, E. S. Fowler, Masco Fowler, Eron Fulford, Ethel Fowler and Henry Fowler are all adult heirs and had notice of said application and waived service of said notice. That Claude T. Cotton, a licensed attorney, was appointed as Guardian ad Litem to represent and protect the interest of the following minor heirs at law of the said John Fowler, to-wit: Rayford Fowler, Bernice Fowler and Myrtle Fowler and that he was present in open Court on this day. That said minors were served with a copy of the notice of said application as provided by law. It is therefore ordered, adjudged and decreed by the Court that said report be and the same is hereby in all things ratified and confirmed, the following described property is allotted and set apart as exempt to the said Vermell Fowler, the title to said real estate to vest in the said Vermell Fowler, in fee simple and absolutely, which said real estate is described as follows, to-wit: The NE 1/4 of the SE 1/4 the SE 1/4 of the SW 1/4 less five acres in the southeast corner thereof, the N 1/2 of the SW 1/4 of the SW 1/4 of Section 16, Township 3, Range 25, containing 95 acres, more or less. It is further ordered, adjudged and decreed by the Court that John Fowler died on the 3rd day of April 1929 seized and possessed of the above described real estate, and at the time of his death, he was a bona fide resident citizen of Houston County, Alabama; that Vermell Fowler was at the time of his death and is now, and was continuously for many years previous to the death of said John Fowler a bona fide resident citizen of Houston County, Alabama and that she was the wife of John Fowler and is now the widow of John Fowler; that said above described real estate was all of the real estate owned by John Fowler at the time of his death in the State of Alabama; or elsewhere and that said property is now and was at the time of his death, and previous thereto of less value than $2000.00; that said real estate consists of farm lands and is less in area than 160 acres of land and that the said John Fowler did not own any homestead at the time of his death but that the above described lands are set apart to the said widow in lieu of a homestead as provided by law; that no administration has ever been granted on the estate of the said John Fowler, deceased, by the Probate Court of Houston County, Alabama, or any other Court, and that no administration is now pending, but John Fowler has been dead more than 60 days previous to the filing of this petition in the cause; that Vermell Fowler is the widow of John Fowler, deceased, and that John Fowler left no minor children surviving him and that the next of kin set out in the petition are the next of kin and the only next of kin of said John Fowler. It is therefore ordered, adjudged and decreed by the Court that the above described real estate be and the same is hereby allotted and set apart as exempt, in lieu of homestead exemptions, to the said Vermell Fowler, the widow of the said John Fowler, deceased, and the title to the said real estate does and shall vest absolutely and in fee simple, and that she pay the costs of this proceeding. Given under my hand and seal this the 11th day of March 1930. H. K. Martin Judge of Probate Filed in office, March 11, 1930. H. K. Martin, Judge of Probate ********** Located in Houston County Courthouse Dothan, Alabama G. A. Bodiford, Plaintiff vs Tom Fowler and H. T. Fowler, Defendants ("Tom" Fowler was actually John Bryant Fowler; H. T. Fowler was his son.) In the Circuit Court of Houston County, Alabama In Equity Notice is hereby given that G. A. Bodiford, plaintiff, has this day entered suit in the Circuit Court of Houston County, Alabama, in Equity, against Tom Fowler and H. T. Fowler, to enforce a landlord's lein, and to foreclose a mortgage on the following described property, in Houston County, VIZ: A crop of cotton, corn, peanuts and velvet beans, raised and grown on the following described land in Houston County, Alabama, VIZ: SE 1/4 of NE 1/4, Section 26, SW 1/4 of NW 1/4 and NW 1/4 of SW 1/4 and SE 1/4 of NW 1/4, all in Section 25, Township 3, Range 24, Houston County, Alabama. Also 1 bay horse, about 5 years old and two brood sows and their increase, viz: 18 pigs, and other personal property owned by said defendants. Witness my hand this 9th day of September 1931. G. A. Bodiford, by O. S. Lewis, Attorney ********** Located in Houston County Courthouse Dothan, Alabama SHERIFF'S RETURN Received in Office 11/1, 1934. Joe Rollins, Sheriff. Sheriff's Execution Docket, page . By virtue of the within Execution, I have at 3 o'clock P. M. this 1st day of November 1934, levied on all the right, title and interest which Mrs. Vermell Fowler had in and to the following described real estate in Houston County, Alabama to-wit: The NE 1/4 of the SW 1/4, the SE 1/4 of the SW 1/4, less five acres in the Southwest corner thereof; the N 1/2 of the SW 1/4 of the SW 1/4 of Section 16, Township 3, Range 25, containing 95 acres, more or less. Joe Rollins, Sheriff I, Joe Rollins, Sheriff of Houston County, have notice of making the above levy by leaving a copy of the notice in writing thereto appended at the residence of the said Mrs. Vermell Fowler, and by putting up a notice of such levy, and the date of sale, at the Courthouse door for 30 days previous to the sale; and by causing to be published in the Houston Herald, a newspaper published in Dothan, Houston County, Alabama, once a week for three successive weeks, notice of such levy as here to appended. On Monday, December 17, 1934, within the legal hours of sale, I offered the property described above, for sale to the highest bidder in front of the Court House Door in Dothan, Alabama, and at hand H. K. Martin became the purchaser thereof for the sum of $55.15, that being the highest, best and last bid thereof. This December 17, 1934. Joe Rollins, Sheriff SHERIFF'S NOTICE OF LEVY ON REAL ESTATE STATE OF ALABMA -- HOUSTON COUNTY H. K. MARTIN, as Judge of Probate for the use of the officers of the Court VS Mrs. Vermell Fowler. Notice is hereby given that under an execution, issued in the above styled cause out of the Probate Court of Houston County, Alabama, I have levied on the following described real estate, to-wit: All the right, title and interest which Mrs. Vermell Fowler had in and to the following real estate in Houston County, Alabama, to-wit: The NE 1/4 of the SE 1/4, the SE 1/4 of the SW 1/4, less 5 acres in the southeast corner thereof; the N 1/2 of the SW 1/4 of the SW 1/4 of Section 16, Township 3, Range 25, containing 95 acres more or less. Therefore, according to said command, I shall expose for sale at Public Auction all the right, title and interest of the above named Mrs. Vermell Fowler had in and to the above property on Monday, the 17th day of December, 1934, during the legal hours of sale, at the court house door in Dothan, Houston County, Alabama. Dated at Dothan this 1st day of November, 1934. Joe Rollins, Sheriff Houston County, Alabama ********** Located in Houston County Courthouse Dothan, Alabama Lis Pedens Notice State of Alabama Houston County To all whom it may concern: Take notice that I have this day levied upon the undivided interest of W. E. Fowler in and to the NE 1/4 of SW 1/4 and the SE 1/4 of SW 1/4, less five acres in the southeast corner thereof, the N 1/2 of SW 1/4 of SW 1/4 of Section 16, Township 3, Range 25, containing 95 acres, more or less, situated, lying and being in Houston County, Alabama, on the 21st day of December 1934, in the case of wherein R. E. Perry and G. W. King, doing business as Perry & King were plaintiff and W. E. Fowler was defendant and in which case judgement was rendered for the plaintiff on the 23rd day of November 1929. Witness my hand this 21st day of December 1934. Joe Rollins Sheriff of Houston County, Alabama ********** Located in Houston County Courthouse Dothan, Alabama Administrator's Bond Record Book 2, page 141 PROBATE COURT The State of Alabama Houston County January 24th, 1935 In the matter of the Estate of Ethel Fowler, Deceased S. P. Poyner, Judge of Probate, appointed F. L. Fellows as administrator of the estate of Ethel Fowler. Bond was set at $500.00. Dated and filed 24 January 1935. ********** Located in Houston County Courthouse Dothan, Alabama Deed Book 61, pages 116-117 REGISTER'S DEED THE STATE OF ALABAMA HOUSTON COUNTY CIRCUIT COURT, IN EQUITY KNOW ALL MEN BY THESE PRESENTS: That, whereas, I, Mrs. A. L. Harmon, Register of the Circuit Court of Houston County, Alabama, in Equity, in pursuance and execution of the decree of said Court rendered by said Court on the 29th day of April 1935, in a certain cause therein pending wherein R. F. Fowler and John Bryant Fowler complainants and W. E. Fowler, Erin Fulford, E. S. Fowler, E. M. Fowler, Henry Fowler, Bernice Fowler, Myrtle Fowler, Rayford Fowler, M. E. Murray, Receiver of Dothan National Bank and W. L. Fulford, respondents, did expose for sale at public outcry at the court house at Dothan, Houston County, Alabama, on Monday, the 3rd day of June, 1935, during the legal hours of sale and did sell the lands ordered to be sold by said decree, after having given thirty days notice of said sale by posting written notice of the time, place and terms of the intended sale, with a description of the land to be sold at said court house, and also by publishing a copy of said notice for three successive weeks in the Dothan Eagle, a newspaper of general circulation published in said County all before the day of sale at which sale so made Elton G. Collins the highest, best and last bidder and became the purchaser of said land at and for the sum of Two Thousand, Two Hundred and no/100 ($2,200.00) Dollars. AND WHEREAS, report of said sale was duly made to said Court and by decree of said Court rendered on the 8th day of July, 1935, said report of sale was in all things confirmed and deed ordered to be made to the purchaser of the land sold. NOW THEREFORE, I, Mrs. A. L. Harmon Register of the Circuit Court of Houston County, Alabama, in Equity, in consideration of the premises and pursuant to the authority aforesaid and the payment in full to me of the purchase money by the said Elton G. Collins the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey to the said Elton G. Collins all the right, title, interest and claim which the said Erin Fulford, E. M. Fowler, Dothan National Bank (M. E. Murray as Receiver), E. S. Fowler, Henry Fowler, Bernice Fowler, Myrtle Fowler, Rayford Fowler, R. E. Perry and G. W. King, R. F. Fowler, John Bryant Fowler and W. E. Fowler had at the time of the filing of the bill of complaint in this cause and which they may now have in and to the following described land situated and being in the County of Houston and State of Alabama, to-wit: NE 1/4 of SW 1/4 and SE 1/4 of SW 1/4, less five acres in Southeast corner thereof, Section 16, Township 3, Range 25, Houston County, Alabama, and containing 75 acres, more or less, (this being the land covered by the Fulford mortgage), N 1/2 of SW 1/4 of SW 1/4 of Section 16, Township 3, Range 25, containing 20 acres, more or less, all in Houston County, Alabama. TO HAVE AND TO HOLD unto the said Elton G. Collins, his heirs and assigns forever. IN TESTIMONY WHEREOF, I, as Register aforesaid, have hereunto set my hand and affixed the seal of said Circuit Court in Equity at office this the 10th day of July 1935. Mrs. A. L. Harmon Register, Circuit Court of Houston County, Alabama, in Equity THE STATE OF ALABAMA HOUSTON COUNTY CIRCUIT COURT, IN EQUITY I, Roy O. Hill, Clerk of the Circuit Court in and for said County, hereby certify that Mrs. A. L. Harmon, Register of the Circuit Court of Houston County, Alabama, in Equity, whose name is signed to the foregoing conveyance and who is known to me, acknowledged before me on this day, that being informed of the contents of said conveyance, she executed the same voluntarily on the day the same bears date, as Register aforesaid. Given under my hand, this the 10th day of July 1935. Roy O. Hill Clerk, Circuit Court of Houston County, Alabama THE STATE OF ALABAMA HOUSTON COUNTY I hereby certify that the within Deed was filed in this office for record on the 13th day of July 1935 at 12:30 o'clock A. M. and duly recorded. Deed tax $2.50 Pd. S. P. Poyner Judge of Probate