IN THE CIRCUIT COURT OF LEE COUNTY, ALABAMA
Case No.: CV-2024- 900311
SALTWATER TOURS LLC, Plaintiff, v.
A tract or parcel of land designated as Lot 2, Atha McKnight Fowler Subdivision, according to and as shown on the map or plat record in Town Plat Book 13, at Page 15,
in the Office of the Judge of Probate of Lee County, Alabama. And ROSIE LEE WILSON, and/or the unknown heirs of Rosie Lee Wilson, And BENJAMIN WILSON, and/or the unknown heirs of Benjamin Wilson, And Fictitious Defendants A, B, C, D, E, F & G, Being Persons, Individuals, Firms, Associations, Partnerships, Corporations or other Entities, Whose names are otherwise unknown to the Plaintiff, but who claim interest in and to the above-captioned parcel of land, and whose correct names and legal identities will be added by Amendment when ascertained,
Defendants.
MOTION FOR SERVICE BY PUBLICATION
COMES NOW the Plaintiff, Saltwater Tours, LLC, by and through their undersigned counsel, and respectfully requests this Court enter an Order allowing the named Defendants herein, to be served by publication and as grounds for such would show as follows:
- Plaintiff hereby requests that the Court allow it to serve a Notice of Publication, pursuant to the Code of Alabama, Sections 6-6-563 and 6-6-564.
- Certain Defendants named in Plaintiff’s Complaint and Counsel’s Affidavit, attached hereto as “EXHIBIT A”, are fictitious parties, being persons or entities claiming an interest in the parcel of real property that is subject of this action, who can only be reasonably served by newspaper of general circulation in Lee County, Alabama.
- As stated in the Complaint and attached Affidavit, certain of the named Defendants are believed to be deceased.
- Additionally, after diligent search and inquiry, the whereabouts of the heirs of the deceased named Defendants are unable to be ascertained.
- As stated in the Complaint and attached Affidavit, after diligent inquiry, Plaintiff has been unable to identify any persons or entities not named in the Complaint claiming interest in the subject property.
WHEREFORE, these premises considered, the Plaintiff respectfully requests that this Honorable Court enter an Order allowing the Plaintiff to serve by publication any unknown Defendants, in accordance to Rule 4.3 of the Alabama Rules of Civil Procedure.
Respectfully submitted this the 2nd day of July, 2024.
/s/ Jarret A. Layson
Jarret A. Layson (LAY-005)
Ingrum & Layson, LLC
830 Avenue A, Suite B
Opelika, AL 36801
334-745-3333
jarret@ilclawoffice.com
Legal Run 09/26/24, 10/03/24, 10/10/24 & 10/17/24
IN THE PROBATE COURT OF LEE COUNTY, STATE OF ALABAMA
IN RE: The Estate of OPEAL LEEANNE BRIMM BALLARD, a/k/a OPAL LEEANNE BALLARD, deceased
Case Number 2024-337
TAKE NOTICE that Letters Testamentary having been granted to ALEX JAMES BALLARD as Executor of the Estate of OPAL LEEANNE BRIMM BALLARD, deceased, on the 25th day of September, 2024, by the Honorable BILL ENGLISH.
NOTICE IS HEREBY GIVEN that all persons having claims against the said Estate are hereby required to present the same within the time allowed by law or the same will be barred.
Bradley R. Coppedge, Attorney for the Estate of OPAL LEEANNE BRIMM BALLARD
Legal Run 10/03/2024, 10/10/2024 & 10/17/2024
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
IN RE: The Estate of Roy W. Harrison, Deceased
Case Number 2024-348
NOTICE TO CREDITORS
TAKE NOTICE that Letters of Administration have been granted to Kristy Toungett as Administrator of the Estate of Roy W. Harrison deceased, on the 23rd day of September, 2024 by the Honorable Bill English, Judge of Probate.
NOTICE IS HEREBY GIVEN that all persons having claims against the said Estate are hereby required to present the same within the time allowed by law or the same will be barred.
Kristy Toungett, Personal Representative of the Estate of Roy W. Harrison
Legal Run 10/3/24, 10/10/24 & 10/17/24
IN THE MATTER OF THE ESTATE OF EVELYN J. SENN, DECEASED
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
Case No: 2024-568
Letters Testamentary on the estate of said decedent having been granted to the undersigned on the 3rd day of October, 2024, by the Hon. Bill English, Judge of the Probate Court of Lee County, Alabama, notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred.
KENNETH L. SENN
Personal Representative
Robert H. Pettey, Attorney
SAMFORD & DENSON, LLP
P.O. Box 2345
Opelika, AL 36803-2345
(334) 745-3504
BILL ENGLISH, Judge of Probate
10/10/2024, 10/17/2024, 10/24/2024
NOTICE OF COURT PROCEEDING
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
Notice of the filing of Petition for Summary Distribution
In the Estate of STEPHEN ALAN COLLEY, deceased
Notice is hereby given that a Petition for Summary Distribution has been filed in the LEE COUNTY Probate Office by HEATHER LYNN COLLEY on OCTOBER 11, 2024, pursuant to Section 43-2-6110, Code of Alabama and that 30 days after the notice of publication hereof and pursuant to law the Court shall be requested to enter an Order directing Summary Distribution of the estate of said decedent.
BILL ENGLISH, PROBATE JUDGE
Legal Run 10/17/2024
IN THE CIRCUIT COURT OF LEE COUNTY, ALABAMA
Case No.: CV-2024-900279.00
Tuskegee Lee Baptist Association, Plaintiff,
Spring Hill Heights Baptist Church, Any successors or assigns;
East View Baptist Church, any
Successors or assigns; AND any Party Claiming an Interest to A certain tract or parcel of Real Property located in Lee County, Alabama Described as: Lots Number 4 and 5 in Block Kin Spring Hill Heights Subdivision, according to and as shown by the map or plat of said subdivision which is of record in Town Plat Book 3 at Page 12 in the Office of the Judge of Probate of Lee County, Alabama; together with all appurtenances thereunto appertaining.
Defendants.
NOTICE OF ACTION
To: All Defendants herein, whose whereabouts are unknown, and which cannot be ascertained after the exercise of reasonable diligence.
You are hereby notified that on the 6th day of June 2024 a Bill to Quiet Title was filed in the Circuit Court of Lee County, Alabama, regarding the following described real property:
Lots Number 4 and 5 in Block Kin Spring Hill Heights Subdivision, according to and as shown by the map or plat of said subdivision which is of record in Town Plat Book 3 at Page 12 in the Office of the Judge of Probate of Lee County, Alabama; together with all appurtenances thereunto appertaining.
All persons having an interest in said lands or any portion thereof, claiming any title thereto or any encumbrance or lien thereon, are hereby directed to plead, answer, or otherwise respond to the Complaint on or before the expiration of 30 days after the last publication of this notice, or thereafter suffer judgment by default to be rendered against them it being intended that this notice
shall be used to perfect service against all parties who cannot be personally served with a copy of the Complaint.
Done this the 8th day of October 2024.
Mary Roberson Circuit Court Clerk, Lee County
Charles M. Ingrum, Jr. 830 Avenue A, Suite B Opelika, Alabama 36801
Telephone Number: 334-745-3333 Fax:334-460-2287
charles@ilclawoffice.com
Legal Run 10/17/24, 10/24/24, 10/31/24 & 11/7/24
STATE OF ALABAMA
IN THE PROBATE COURT LEE COUNTY
DOCKET NO. 2024-560
RE: ESTATE OF WILLARD JEFFERY BERRY, DECEASED:
NOTICE OF PUBLICATION
Letters Testamentary of said deceased having been granted to the undersigned on the 3rd day of October 2024, by the Judge of Probate Court of Lee County, Alabama, notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred.
/s/ Kirsten Ann Berry
Kirsten Ann Berry, Executrix Attorney for Executrix:
Jacob J. “Jake” Key, Esq.
Johnson, Caldwell & McCoy, LLC
117 North Lanier Avenue, Suite 201
Lanett, Alabama 36863
(334) 644-1171
Legal Run 10/17/24, 10/24/24 & 10/31/24
NOTICE OF MORTGAGE FORECLOSURE
WHEREAS, default has been made in the terms of the Mortgage executed on the 27th day of April, 2023, by Cynthia Holloway, as Mortgagor in favor of KAAM Enterprises, LLC, as Mortgagee, as recorded in the Office of the Judge of Probate of Lee County, Alabama, in Real Property Book 4970, at Page 347, and said default continuing, the mortgagee, under power of sale contained in said mortgage will sell at auction for cash to the highest bidder on the steps of the Lee County Courthouse in Lee County, Alabama on Friday, November 22, 2024, during the legal hours of sale, the following described real estate embraced in said Mortgage and Mortgage Modification, situated in Lee, Alabama, to-wit:
“Commence at the Southeast corner of Section 13, Township 19 North, Range 26 East in Lee County, Alabama; run thence South 88 degrees 06 minutes West for 50 feet; run thence North 3 degrees 39 minutes West for 413 feet, to the point of beginning of the lot or parcel of land to be here described and conveyed; from said point of beginning, run thence North 3 degrees 39 minutes West for 76 feet; thence run South 87 degrees 11 minutes West for 100 feet; run thence South 3 degrees 39 minutes East for 75.2 feet, more or less, to the Northerly margin of Alton Street; run thence North 88 degrees 06 minutes East, along the Northerly margin of Alton Street, for 100 feet, to the said point of beginning; and being Lots 10 and 11 of Block B in Johnston Subdivision of record in Town Plat Book 3, at Page 57 in the Office of the Judge of Probate of Lee County, Alabama less and except the North 35 feet of said Lots 10 and 11; together with all improvements thereon and appurtenances thereunto
appertaining.”
“ALSO, Lot 12 in Block B of the said Johnston Subdivision as shown by map or plat of said subdivision of record in Town Plat Book 3, Page 57 in the office of the Judge of Probate of Lee County, Alabama, less and except the North 35 feet off said Lot 12 in Block B of said subdivision; together with all improvements thereon and appurtenances thereunto appertaining.”
THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, SUBJECT TO ANY EASEMENTS, ENCUMBRANCES, AND EXCEPTIONS REFLECTED IN THE MORTGAGE AND THOSE CONTAINED IN THE RECORDS OF THE OFFICE OF THE JUDGE OF PROBATE OF THE COUNTY WHERE THE ABOVE-DESCRIBED PROPERTY IS SITUATED. THIS PROPERTY WILL BE SOLD WITHOUT WARRANTY OR RECOURSE, EXPRESSED OR IMPLIED AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO.
Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.
Said sale is made for the purpose of foreclosing of said mortgage, paying the mortgage debt, the costs and expenses of foreclosure, including a reasonable attorney’s fee. Mortgagee reserves the right to bid on the subject property. Said mortgage is a first mortgage and is not junior to another mortgage of record. Said sale is also subject to unpaid taxes or assessments whether of record or not. This sale is subject to postponement or cancellation.
KAAM Enterprises, LLC, Mortgagee
Brandon F. Poticny
Davis, Bingham, Hudson & Buckner, P.C. Attorney for Mortgagee
724 N. Dean Road, Suite 100, Auburn, AL 36830
Legal Run 10/17/24, 10/24/24 & 10/31/24
NOTICE OF COURT PROCEEDING
IN THE PROBATE COURT OF LEEY COUNTY, ALABAMA
Notice of the filing of Petition for Summary Distribution
In the Estate of SUSAN CHERYL GRISHAM, Deceased
Notice is hereby given that a Petition for Summary Distribution has been filed in the LEE COUNTY Probate Office by CALLIE ELIZABETH LEAVER on OCTOBER 8, 2024, pursuant to Section 43-2-690, Code of Alabama, and that 30 days after the notice of publication hereof and pursuant to law the Court shall be requested to enter an Order directing Summary Distribution of the estate of said decedent.
BILL ENGLISH, PROBATE JUDGE
Legal Run 10/17/2024
