IN THE CIRCUIT COURT OF LEE COUNTY, ALABAMA
Case No.: CV-2016- 900450
MARY LEE CALLAWAY, Plaintiff,
v. 36 ACRES OF LAND being all of the NW
3/4 of the NW 1/4 except four acres across the East side of said 1/4, of section 11, township 18 and range 24. Said four acres belonging to Lizzie Borders. The intention being to convey to grantees herein that certain tract of land conveyed to grantor herein by the Bank of Tuskegee as liquidating agent for the Merchants & Farmers Bank on March 31, 1932, as referred to in said conveyance as being the land formerly mortgaged by Ida Joiner to
the Merchants & Farmers Bank and being
designated in said conveyance as parcels Numbers one and two, whether correctly described in this conveyance or not.
As recorded in the Official Records of Lee County, Alabama in Book 246 Page 201;
CYNTHIA CALLAWAY, JONATHAN L.
CALLAWAY; MARY LOIS
HARDNETT; MELVIN CALLAWAY;
ELIZABETH CALLAWAY; JOHN
OTTIS CALLAWAY; VIOLET
CALLAWAY; IKE CALLAWAY;
YOLANDA CALLAWAY; ZANNIE
KIRT; JOSIE LEE BROOKINS; ETHEL
MAE POPE; LEGINIA CHANDLER;
AMETRICE CLARK; TYWANNA
WAGNOR; SADIE SWANSON;
GWENDOLYN WAGNOR; CYNTHIA
CALLAWAY; WILLIAM CALLAWAY;
TENISHA CALLAWAY; LASHARLA
CALLAWAY; CLARENCE
CALLAWAY; PRISCILLA
STRICKLAND; THEODUS
CALLAWAY;
UNKNOWN HEIRS, SUCCESSORS OR
ASSIGNS OF: MACK CALLAWAY;
WILLIE MAE CALLAWAY; WILLIE
MACK CALLAWAY; OTTIS
CALLAWAY; ARTIS CALLAWAY;
ROSELEE WAGNOR; HENRY
CALLAWAY; MELVIN CALLAWAY;
ELIZABETH CALLAWAY; AND/OR
JOHN OTTIS CALLAWAY; and, ANY UNKNOWN PERSONS OR
ENTITIES CLAIMING ANY INTEREST
IN THE LAND AS DESCRIBED ABOVE;
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 1st day of March, 2018, an Amended Complaint was
filed in the Circuit Court of Lee County, Alabama, and the following are the names of all parties
to the action: MARY LEE CALLAWAY, plaintiff, and as defendants, CYNTHIA CALLAWAY, JONATHAN L. CALLAWAY; MARY LOIS HARDNETT; MELVIN
CALLAWAY; ELIZABETH CALLAWAY; JOHN OTTIS CALLAWAY; VIOLET
CALLAWAY; IKE CALLAWAY; YOLANDA CALLAWAY; ZANNIE KIRT; JOSIE LEE
BROOKINS; ETHEL MAE POPE; LEGINIA CHANDLER; AMETRICE CLARK;
TYWANNA WAGNOR; SADIE SWANSON; GWENDOLYN WAGNOR; CYNTHIA
CALLAWAY; WILLIAM CALLAWAY; TENISHA CALLAWAY; LASHARLA
CALLAWAY; CLARENCE CALLAWAY; PRISCILLA STRICKLAND; THEODUS
CALLAWAY; MACK CALLAWAY; WILLIE MAE CALLAWAY; WILLIE MACK
CALLAWAY; OTTIS CALLAWAY; ARTIS CALLAWAY; ROSELEE WAGNOR; HENRY
CALLAWAY; MELVIN CALLAWAY; ELIZABETH CALLAWAY; AND, JOHN OTTIS
CALLAWAY and their heirs or devisees, if deceased, whose whereabouts are unknown and which cannot be ascertained after the exercise of due diligence, and who may have claim of
some right, title, or interest in and to the property described as follows:
36 acres of land being all of the NW 3/4 of the NW 1/4 except four acres
across the East side of said 1/4, of section 11, township 18 and range 24. Said
four acres belonging to Lizzie Borders. The intention being to convey to
grantees herein that certain tract of land conveyed to grantor herein by the
Bank of Tuskegee as liquidating agent for the Merchants & Farmers Bank on March 31, 1932, as referred to in said conveyance as being the land
formerly mortgaged by Ida Joiner to the Merchants & Farmers Bank and
being designated in said conveyance as parcels Numbers one and two,
whether correctly described in this conveyance or not.
As recorded in the Official Records of Lee County, Alabama in Book 246
Page 201.
All person 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 thirty (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 _________ day of ___________, 2018.
Mary B. Roberson
Circuit Court Clerk, Lee County
Prepared by:
BRETT A. SMITH, ESQ.
HUFF SMITH LAW, LLC
369 South College Street
Auburn, AL 36830
(334) 329-5596
Attorney for Plaintiff
Legal Run 4/11, 4/18, 4/25 & 5/2/2018