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OLIVER E. YOUNG
TO THE BOARD OF CHURCH EXTENSION OF THE NORTH ALABAMA CON.
TO THE BOARD OF CHURCH EXTENSION OF THE NORTH ALABAMA CONFERENCE:
I, Oliver E. Young, a practicing Attorney in Vernon, Lamar County, Alabama, hereby certify that I have examined the indexed records of Lamar County, Alabama, with reference to the title to the following described real estate, to-wit:
Five acres in a square in the SW corner of the NW1/4 of SE1/4, Section 3, Township 16, Range 15 W;
Which said land purports to belong to Shiloh M.E. Church South of the Fernbank Circuit, in the Tuscaloosa District and North Alabama Conference. Said records disclose the following:
1. On January 5, 1857, John Sanders was conveyed title by the United States Government by Patent No. 36307, the entire NW1/4 of SE1/4, Section 3, Township 16, Range 15 West;
2. On September 9, 1865, John Sanders and his wife, Margarette C. Sanders, conveyed to W. P. Robertson by warranty deed, which deed is recorded in Deed Record 58, page 124, in the Probate Office, Lamar County, Alabama, the following:
"NW1/4 of SE1/4, Section 3, Township 16, Range 15 West, with a reserve of five acres for a church house."
You will note that no definite description of the five acres which is reserved for church purposes is given in this deed;
3. On October 7, 1870, W. P. Robertson and wife, Margaret Robertson, conveyed by warranty deed, which is recorded in Deed Book 58, page 125, in the Probate Office, Lamar County, Alabama, to J. G. Hall the following:
"NW1/4 of SE1/4, Section 3, Township 16, Range 15 West, with a reservation of five acres for a church house."
You will also note that this reservation of five acres for church purposes is not definitely described;
4. On August 29, 1890, J. G. Hall conveyed by warranty deed, which is recorded in Deed Book 20, page 12, Probate Office, Lamar County, Alabama, to W. P. Smith, W. R. Baird, J. F. Reedus, and Crawford, Trustees for the Fernbank Circuit, Jasper Distrit of the Methodist Episcopal Church South to be held, used and controlled as is prescribed by the discipline of said church the following:
"Five acres in the NW corner of NW1/4 of SE1/4, Section 3, Township 16, Range 15 West."
5. My investigation has revealed to me that the five acres belonging to said church is situated in the Southwest corner of said subdivision of land and not in the Northwest corner as it is described in the deed from J. G. Hall to the Turstees of the Church. I have secured affidavits from J. H. Hall, T. D. Wallace, and W. R. Wright, who have known this land for fifty years and more, and who, each, aver tht the five acres is in a square in the Southwest corner of said forty. I have lidewise secured an affidavit from E. L. Wheeler, who is the owner of the remaining portion of said forty acres, and in which affidavit he avers that he recognizes the church’s ownership to the five acres in a square in the Southwest corner of said forth acres of land, and that he and his predecessors in title have always recognized the church’s ownership of the said five acres of land. All of sid affidavits are hereto attached and made a part of this certificate.
In veiw of the reservation made in the first conveyance executed in 1865 by John Sanders, who entered the land from the Government, and in view of the constant possession, use and occupancy by the Church for a period of more than fifty-five years, I am of the opinion that Shiloh Church of the Fernband Circuit, Tuscaloosa District, North Alabama Conference M.E. Church South has a good and merchantable title to the land first above described in this certificate.
I find that there are no recorded mortgages or other liens upon this property.
Witness my hand and seal this the 19 day of September, 1934.
Oliver E. Young
STATE OF ALABAMA
I hereby certify that the within instrument was filed in this office for record on the 28 day of Jauary 1935 at 3:20 o’clock P.M., and recorded in Deed Record Vol. 58 page 475 on the 28 day of January 1935.
S. G. Johnson
Judge of Probate
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