The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-07-16

the defendant, William C. Ward by rea-
son of the fact that the said Ward was
administrator of the estate of complaint .
deceased father. Complainant further al
leges that at THE time Of the execution of
said deed he was still boy only 10 years
of age, and though his disabilities Of
homage had been removed, he was mex
perleneed In such matters, and was not
advised by the said William c. Ward,
or any one else. of the legal effect of said
deed or of his rights In the estate of his
deceased father, and he did not then
know what his rights werei but, on the
contrary. the said defendant. Ward, had
always told complainant and led him to
believe that he had no right to be heard
in the administration of his fathers es-
tate, and that he had no rights therein,
legal or equitable; that at the time said
deed was executed It was done at the re-
quest and direction Of the said Ward.
whose age. office and standing as
lawyer and the great confidence which
complainant reposed In him had and ex-
ercsed a dominating influence over COM
plalnant.
complainant further represents that
on, to-wlt the 18th day of July, 1901, the
said William c. Ward. as administrator
of the sum of $3.50. executed deed un-
der and by virtue of the authority sup
posed to have been conferred upon him
by the alleged act or law of the gem
eral assembly of Alabama, set out In 'Ex-
hibit A Of this bill, and also under the
authority supposed to have been con-
ferred upon him by the deed executed to
him as such administrator by complain
ant and Jennie c. Boddie, as set out in
Exhibit b to this bill, purporting to con-
Vey to William H Woodward, one of the
defendants to this bill, and Gustave A.
Hoerle and Francis E. Hoerle, all the
right, title and estate of which the said
John B. Boddie, deceased father of COM
plainant, died, seized and possessed in
lots 1, 2, 3 and l. in block los. according to
the Elyton Land companys plan and sur
vey of the city of Birmingham. Ala, the
said lots forming a quadrangle fronting
l0J feet on the south side of First ave-
nue., north. and with that width of front
extending back southwark along the west
side of Twentieth street 100 feet, more
or less. A copy of said deed is hereto at
tached marked Exhibit c., and isprayed
TO be taken and considered as a part of
this bill as fully as If copied herein. Com
plainant further alleges that on the 14th
day of September, 1901 the said Gustave
A. Hoerle and Francis E. Hoerle con-
veyed- to the said defendant William E.
Woodward their undivided interest in the
above described real estate; a copy of the
deed from the said Gustave A. Hoere and
Francis e. Hoerle to the said Woodward
is hereto attached marked Exhibit d.
and prayed to be taken and considered a
part of this bill as fully as If herein
copied. Complainant alleges that the de-
PENDANT, William H. Woodward, is now In
possession of said last above described
real estate claiming the same as his own.
'TheComplainant further represents and
alleges that the special alleged act or
law of the general assembly of Alabama
as set forth in Exhibit A. to this bill
conferred no authority upon the said de-
PENDANT William C. Ward, to convey said
real estate to the said Woodward and
Gustave A. Hoerle and Francis r. Hoerle,
and that the only color of authority which
the said Ward had to make and execute
said conveyance was the deed executed
by complainant and the said Jennie c.
Boddie to the said Ward, hereto attached
at Exhibit b. and that said deed show
ed on Its face that the conveyance was
transaction between persons occupying
the confidential relations of trustee and
beneficiary, and was presumptively OBJ
tanned by the exercise of undue influence
by the said Ward, was subject to all the
legal infirmltes of transactions between
trustee and beneficiary and was made
without consideration, other than the
nominal consideration of one dollar there
in expressed, which complainant alleges
was in fact never paid. Complainant Is
advised and he AYERS that the deed which
he executed to the said William C. Ward
conveying to him all his fathers estate
is presumptively void on its face. and
that it is in fact voidable; that the said
William H. Woodward cannot claim the
protection which the law extends to an
innocent purchaser for value as said deed
constitutes a link In his chain of title,
and is expressly referred to by the said
Ward in his deed to the said Woodward
as his authority for executing said deed.
Upon Final Hearing.
And complainant prays that upon the
final hearing of this cause your honor will
make and render decree annulling and
setting aside the said deed made by Will
liam c. Ward as administrator of the
estate of John B. Boddie deceased, dated
July 16, 1901, to the said William H. Wood
ward and Gustave A. Hoerle and Francis
e. Hoerle and hereto attached as Eek
hibit c. and also the said deed made by
complainant and the said Jennie c. Boddle
and this complainant on the 10th day of
July, 1900. to the said William c. Ward,
a copy of which is hereto attached mark
ed Exhibit b." in so Ar as they affect
the interests, rights ana claims of this
complainant, and render a decree divest-
ing an undivided three-fourths interest in
said real estate herein described out of
the said William H. Woodward, and vest
ing the same in your complainant"