Relationship to Head of Household (Original): Self
Birth Year (Estimated): 1815
Birthplace: Georgia, United States
Father's Birthplace: Georgia, United States
Mother's Birthplace: Georgia, United States
Household Role Gender Age Birthplace
Mrs E M Merritt Self F 65 Georgia, United States
Ila Merritt Daughter F 24 Alabama, United States
John Merritt Son M 27 Alabama, United States
Atwood Mcqueen Grandson M 10 Alabama, United States
Claude Mcqueen Grandson M 8 Alabama, United States
Lola Mcqueen Granddaughter F 6 Alabama, United States
Thomas Foster Other M 28 Alabama, United States Boarder
Lillie Foster Other F 23 Alabama, United States Servant
Otis Foster Other M 1 Alabama, United States
Sarah Smith Other F 19 Alabama, United States Boarder
Lou Foster Other F 59 Georgia, United States Servant
Charlotte Douglass Other F 44 Alabama, United States Servant
Elya Douglass Other F 11 Alabama, United States
Lillie Douglass Other F 5 Alabama, United States
Ethel Smith Other F 0 Alabama, United States
Emmet Smith Other M 26 Alabama, United States
Frances Douglass Other F 9 Alabama, United States
Citing this Record: "United States Census, 1880," index and images, FamilySearch (https://familysearch.org/ark:/61903/1:1:M4NB-PV8 : accessed 4 May 2015), Mrs E M Merritt, Prattville, Autauga, Alabama, United States;
Court Case
Note: APPEAL from the Chancery Court of Autauga. ‘
Heard before the Hon. RICHARD B. KELLY. I '
The bill in this case was filed on September 25, 1895, by one Lola McQueen, against W. l). Whetstone as administrator of the estate of Mills Rogers, deheased, Maude Rainey and Mackey Davis, children and heirs at law of Mills Rogers, deceased, W. H. Hunt as administrator of the estate of Jacob Faber, deceased, and sought to redeem certain lands under a mortgage, which lands were specifically described in the bill. This is the third appeal in this case and special reference is here made to the reports of the case on the former appeals, (121 Ala. 191; 127 Ala. 417), where the facts as averred in the bill and the answers and the evi- ' dence are shown. The last appeal (127 Ala. 417), was taken from a decree rendered by the chancellor on October 13, 1896, and on that appeal it was held that said decree was a final decree. After the remandment of the cause on said last appeal, the register proceeded to hold a. reference in accordance with said decree which had been previously rendered. The respondent-s objected to any reference being held, because the order or decree for the reference had been made by the chancellor in vacation against the Objection of the respondents and was made without any note of testimony. This objection was overruled by the register. On the reference it was admitted by the parties, that the rent of the lands invnlved in the cause should be $250 for each of the years 1899 and 1900, which was the same amount allowed for the year 1898. The respondents introduced evidence tending to show! that
Atwood M cQueen and Claude McQueen, brothers of the complainant and children of J. D. McQueen, were respectively 25 and 26 years of age at the time the bill in this case was filed. The complainant objected to this evidence, when it was offered, and moved to exclude it on the ground that it was irrelevant and immaterial to any question before the register on the reference, and the register sustained the objection.
The respondents offered in evidence testimony showing that they had built on the premises, after the foreclosure of the mortgage, a barn worth $50, a gin house and screw valued at $50 and that they had covered the dwelling on said lands at an expense of $90, and had built two or three log cabins on the place valued at from $50 to $85.
The complainants offered evidence to show that the defendants had committed waste on the lands conveyed in said mortgage, and also introduced evidence tending to show that houses which were on the place when respondents took possession thereof had been allowed to go to decay and had been removed, and that the value of the lands by reason of such waste had been reduced to the extent of $1,000, and that the dwelling had depreciated in value to the amount of $500.
The respondent, \V. I). Whetstone, as a witness testified that the answer filed for him in the case had been filed by one Thomas W. Sadler, Esq, without the knowledge or consent of said Whetstone, and that he, Whetstone, had never been served with a summons in the case. The complainant moved to exclude this testimony of the respondent, YV. D. Whetstone, which motion was granted. It was admitted on the reference by the parties to the suit, that the records of the probate court of Autauga county did not show that W. D. Whetstone was discharged as administrator of the estate of Mills Rogers, deceased, but they do show that he made a final settlement of said estate in} said court and distributed all the funds of said estate to the parties entitled thereto. In his rcport of reference. the register reported that the respondent- should be allowed
Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volume 137 (Google eBook)
McQueen-794 was created by Laura Scott through the import of wt daniell lola.ged on May 5, 2015.
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