The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-07-16
SUIT TO SECURE
WOODWARD SITE
Papers Filed In Chancery Court
Saturday
BODDIE is COMPLAINANT
William n. Woodward, Owner of Site,
and William c. Ward, Aominis-
traitor of Boddle Estate,
Are Defendants.

suit has been filed in the chancery
court seeking to have the deed conveying
the site of the Woodward building set
aside and possession of the property turn
ed over to John B. Boddie, son of the late
John B. Boddie, to whose estate the prop
erty belonged.
The bill is filed by winkler & Moore and
A. o. Lane. It will be followed by other
suits seeking to secure possession of other
sites in Birmingham which were included
in the Boddle estate.
Several months ago suits were brought
seeking to have the accounts of w. c.
Ward, administrator of the estate, re-
opened, but they were decided against the
| compliments. The suits now filed are to
| obtain possession of the property.
Following are paragraphs from the
suit, which are filed against w C. Ward,
administrator, and William H. Woodward,
owner of the property, by John B. Bod
die:
Complainant would further show unto
your honor that a short while after the
said William c. Ward was appointed to
the office Of administrator of the estate
of John B. Boddie deceased, he procured
to be passed by the general assembly of
the state of Alabama an alleged act or
law which purported to give the said ad
minlstrator power and authority to sell
the property of said estate without order
of court at public or private sale, which
said alleged act or law will be found
on page 1885, session acts 1s9O-9l; a true
copy of said alleged act or law is hereto
attached and market Exhibit A. and
prayed to be taken and considered part
of this compliments original bill of COM
plant as fully as If herein set forth Com
planant alleges that the said alleged
act or law of the general assembly of Ala
bama is null and void and is in violation
of the constitution of the United States
in that 1t sought to deprive complainant
of his property without due process of
law, and, further, for that 1t denied to
complainant the equal protection of the
laws of the state of Alabama; complain
ant further alleges that said alleged act
or law is In violation of the constitution,
of the state of Alabama In that it sought
to deprive complainant of his property
without due process of law; and further
that the said alleged act or law was a
violation of section %, article Nv. of the
constitution of the state of Alabama in
force at the time said alleged act or law
was adopted and approved, which said
section of the constitution provides that
no special or local law shall be enacted
for the benefit of individuals or corpora
tions in cases which are or can be pro-
vided for by general law, or where the
relief sought can be given by any court
of this state Complainant alleges that
the general law of the state provided for
the sale of the property of deceased per-
sons, and further that the relief which
said alleged act or law purported to give
the said administrator could have been
given by the chancery court of Jefferson
county in all cases where the property be-
longing to the estate of the said John B,
Boddie, deceased. could have been legally
sold by the said administrator
homage Disabilities.
Complainant further represents that in
the spring of 1899, at the request and
solicitation of the said William C. Ward,
and shortly after complainant was Is
years of age, he filed petition, which
had been prepared by the said William c.
Ward in the chancery court of Jefferson
county praying to have his disabilities of
homage removed, and that upon the hear
ing of said petition the said court render
ed a decree removing compliments dis
abilities of homage. Complainant alleges
that the said petition was prepared and
given to him by the said Ward and that
the said Ward directed him to take 1t to
the court and file it therein; that prior
| thereto he had never requested the said
Ward to prepare said petition, nor had he
expressed a desire to have his disabilities
of homage removed; complainant did not
understand in what manner said decree
would alter his legal status, nor was it
explained to him by the said Ward or
any one else.
Deed of 1900.
Complainant would further represent
unto your honor that on, to-wit, the 10th
Gay of July, 1900. the said William c.
| W ara pfpcultu 10 ne tASCultu " HliilSci.t
as administrator of the estate of John B.
Boddie, deceased, deed from complain
1 ant and the said Jennie c. Boddie, wiGow
| of the said John b. Boddie, deceased,
and heir at law of the said Mary c. Bod
die. deceased. conveying to the said Will
| liam C. Ward all the right, title and
interest of which the said John b. Bodde
! deceased died seized and possessed in
and to all the lands that belonged to the
said Boddie, deceased, with the exception
! Of the lands which had heretofore been
| set apart to the complainant and the said
/ Jennie c. Boddie as exempt and as dover
to the said Jennie c. Bodde; complainant
alleges that said deed included and pur-
| ported to convey to the said William c..
Ward, lots l, 2, and 4, in block No. l0S
according to the plan and survey of the
Elyton Land company of the city of Bir-
mingham, Jefferson county, Alabama, the
whole of said lots forming a quadrangle
lOc feet square on the southwest corner
! of First avenue and Twentieth street, in
the city of Birmingham, Jefferson county,
Alabama, A copy of said deed is hereto
attached and marked Exhibit B. and is
prayed to be taken and considered part
of this bill as fully as If herein set forth.
Sum of s87,5oo.
complainant alleges that he received
no consideration for the execution OF said
deed, and that the same was obtained