The Birmingham age-herald., 1920-11-21
OLDLAND DEAL IS REVIVED BY SUIT
 ID SET ASIDE DEED
Voiding of Sale By Late Sena- tor Johnston as Administra- tor to w. C. Shackelford
 Is Sought

Suit 10 have the deed to 52,025 acres of land situated in Jefferson and Wal ker counties executed by Joseph F. Johnston, administrator de bonis non'
 of the estate of Thomas Peters, de- ceased, to W. c. Shackelford, declared void and that the same be removed as cloud upon the title of the complain ant, was filed in the chahcery division of the circuit court yesterday by the Peters Mineral Land company against John de B. Hooper and others.
 The petition further asks that upon final hearing a decree be rendered ad- judging and decreeing that the ap ointment of Joseph F. Johnston, as administrator "de bonis non" of the estate of Thomas Peters, deceased, ani all the procedure hereunder is void and that the price at which w. C. Shackelford became the purchaser of the lands described in the bill of com rlaint was at the time of the sale grossly inadequate and that John de B. Hooper did not in good faith carry out his agreement with said Joseph F. Johnston as administrator "de bonis non of the estate of Thomas Peters, deceased, and that John de B. Hooper fraudulent;y and secretly acquired one-half interest in the lands in dis regard of his duty to the administrator "de bonis non.' It is also alleged that W. c. Shackelford and J. K. Brock man participated in the breach of duty on the part of John de B. Hooper under his said contract with administrator de boniS non' and adjudging and de- creeing that. the sale was fraudulent and void and not made in the interes- of the beneficiares of the estate of Thomas Peters, deceased, and setting T |. 1,f h. Iea.z ana decree affirming the said sale, and ordering conveyance to w. c. Shack elford.
 It is alleged that this land was sold in 1903 by Joseph F. Johnston, ad- miEistrator "de bonis non," to w. Q. Shackelford for the sum of s400, when at the time of the sale this land was worth $9o,000, and the sum paid was grossly inadequate, being less than cents per acre.
 The petition alleged that the admin istrator de bonis non" entered into an agreement with John'-de B. Hooper, his brother-in Jaw, to allow Hooper for the services of looking up the lands be- longing to the estate of Thomas Peters, decreased, one-fourth of the proceeds or the sale of said lands. It is further alleged that Johnston as administrator ''de bonis non" and John de B. Hooper entered into an agreement with w. C. Shackelford and J K. Brockman by which W. c. Shackelford would become the purchaser of lands at the sale by the administrator de bonis non" and that the purchaser would divide said lands with John de B. Hooper and J. K. Brockman. According to the peti- ton, it is alleged that Hooper was to receive one-half and Shackeiford and Brockman received one-fourth each.
 The petition ayers that the com plainant knew nothing of the agree ment until six months thereof and since that tune had endeavored to adjust IT. alters with John de B. Hooper and also l. K. Brockman, w. c. Shackel- ford being dead. It is claimed in the retition that Thomas Peters died on September 9, 1883, and had previously made his last will and testament whica was duly probated. By the will this land involved in the petition was owned by the deceased. it is pointed out, and that Thomas r. Henley was grandson of said Thomas Peters, de- ceased and sole heir of his estate and the sole heir of the involved land.
 On December z, 1883, by order of the probate judge Joseph F. Johnston was made administrator, the executors or trustees named in the last will having refused to act. He took charge Of the estate July 5, 1884, and continued TO act as dOmlnlStTdtor uutii DcSSiAio~' A. 1893, when he filed his account foc final settlement and rendered his res ignation as administrator, which was not accepted by the chancery court. tt is alleged that he filed a complete settlement of the said administration on January 23, 1895 and his accounts were approved by the court in the case of Joseph F. Johnston. administrator oc estate of Thomas Peters, deceased, against the Pratt Coal and Iron com pany, and others.
 @ Following a petition filed by Mr. Jc hnston in 1901 that he be appointed administrator de bonis non" of the
 estate of Thomas Peters, MT. Johnston
 was appointed by the court on Marcn
 26, 1901. In December. 1902, it is al-
 legged that claiming to act as admin i istrator "de bonis non" under his ap-
 pointment, MT. Johnston filed peti- tion to have the< case of Joseph F. Johnston, administrator "de bonis non of the estate of Thomas Peters. de- ceased, against the Pratt Coal ana Iron company reinstated upon the docket and to procure order for the sale of lands described in the complaint
 as well as ether lands. The petition alleged that Joseph F. Johnston as ad- ninistrator de bonis non" did not make a bona fide effort to sell the land for it's value and to protect the beneficiaries.
 w. c. Shackelford is dead, but left the following heirs surviving him; Julia F. Smallman. w. c. Shackelford, Augustus Shackelford his children, and his widow, Julia Shackelford.
 This case will be heard in the clr- cuit court as soon as it can be set, 1t