The Birmingham age-herald., 1912-12-18

fraud had been practieed on her in pro- curing her signature to said deed to Mamie Ware Matthews and K. N. Matthews, but the said Matthews advised her at the time he gave her said check that he and his wife, the said Mamie Ware Matthews had decided that it would be best for your oratrix just to have 5000 for her interest in said lands instead of the land Immediately after this. your oratrlx em- ployed a lawyer and went to Shelby coun- ty to investigate the condition the title to said land was in, and when her lawyer investigated the records he found that the said K. N Matthews had placed on record in the probate office of Shelby county. Alabama, on November 22 1910. the said deed, @ copy of which is exhibit A hereto, which was the first information that your oratrix had that the said K. N. Matthews had practiced fraud on her and had undertaken to secure for himself one-half interest in said lands described in said conveyance instead of conveying the same to your oratrix.
 And your oratriX immediately notified him of said fraud and turned back to him said check, which had not been col- lected, and demanded that he convey to your oratrix one-half interest, which was in him and the title to one-haf in terest in said lands described in exhibit A hereto and he said Matthews refused to make such conveyance, and has not made the same and still refuses to make the same, and has thereby defrauded your oratrix out of her one-half interest in said lands, and the same will be d total loss to your oratrix, unless she secures the aid of this court to compel the said K. N. Matthews to convey to her a one half interest in said lands described in exhibit A heretor to which she $ in equity and under the law entitled.
 
 @. Your Oratrix further represents un- 10 your Honor, that the said K. N. Mat thcws claims to have made certain im- proyements on said Shelby county lands described in Exhibit A hereto, since the execution of said deed on the 29th day of November, 1902, but your Oratrix does not know whether his representa- tons are true or not, and does not know whether he has made any improvements on said lands, and does not know wheth- CT tine said K. N. Matthews made such improvement out of the rents of said farm, if he made such improve ments at all, before paying to your oratrix her one-half of said rents each year. or whether, if he made said Improvements at all, he made the same with his own means, but If the said Mat thews has improved said farm and has spent any of his own means for per- manent improvements on said farm, your oratrix is ready, willing and able to pay for her part Of the same, that is to say, one-half of the same, and has offered to do this, to the said K. N. Matthews, and she now submits herself to the jurisdic- ton of this court to render such decree in this cause as may be necessary to require your oratrix to pay any just amc unt that the court might find her to be liable for, for her part of the perma- nent Improvements which the said Mat tncws has placed on said farm, if any.
 Has Never Paid Note
 '10. Your oraVix further represents unto your Honor that she has never paid to the said K. N. Matthews the $90 which she gave him the note for as being the amount which her interest in the said estate lacked of being sufficient to pay for the interest in the said lands that were supposed to be deeded to her, which are described in Exhibit "A hereto.
 Your oratrix does not know whether or not there was any consideration for said note for the reason that she does not know whether or not her one-half interest in said estate. under said agree