In Re Tutorship of the Minors
of Mrs. Sarah Scaife, Deceased.
.
In Third Judicial District Court,
Claiborne Parish, Louisiana

Petition filed January 14, 1881, recites:

Your petitioner Charner P. Scaife¹ with respect represents unto your honorable court that he is a resident of Claiborne Parish, Louisiana, that his wife Sarah Scaife² died some years ago leaving minor children issue of the marriage between petitioner & his deceased wife and he has been lawfully and formerly appointed and confirmed Natural Tutor for his said minor children and that T. D. Meadows of same residence has been appointed under tutor.

Petitioner shows that the following are the names of said minors, to wit: J. M. Scaife,³ W. I. Scaife,⁴ R. L. Scaife,⁵ Robert Scaife,⁶ Adam Scaife,⁷ Ruth Scaife,⁸ Maggie Scaife.⁹

Petitioner shows that the said minors have no male blood relatives now within said Parish except petitioner and C. Augustus Scaife,¹⁰ a brother to the minors, & P. S. Smith¹¹ & C. F. Blackman,¹² that they have two sisters that are now majors, to wit, Mattie Scaife¹³ and Edith O. St. Cloud.¹⁴

Petitioner shows that there is some real estate, lands, situated in said parish of Claiborne in which said minors own an undivided interest in common with the three majors and your petitioner, and owing to the unavoidable and actual necessary expenses in supporting, caring for, and educating so large a number of minor children, it is absolutely necessary that the interest of said minors in said land be sold or at least a part of it, in order that said minors be maintained and educated.

Wherefore Petitioner prays that a family meeting be convoked for the purpose of advising touching the interest of said minors, and to advise whether your petitioner shall sell said lands or the minors interest in the lands or any part thereof, also fixing or suggesting a price in case a sale is advisable.

Petitioner prays that said family meeting be composed of C. Augustus Scaife, a brother & the following relatives <and> friends of said minors, to wit, P. S. Smith & C. F. Blackman relatives & Petitioner prays that T. D. Meadows undertutor be duly notified of said family meeting and that a commission issue to J. R. Ramsey, Notary Public, authorizing and requiring him to hold said
meeting and for all orders necessary in the premises.

E. H. McClendon
Atty for Petitioner.

Editorial Notes:

By reason of the law and the allegations set forth in the above and foregoing petition it is hereby ordered that a family meeting be held, composed of C. Augustus Scaife, a relative and P. S. Smith & C. F. Blackman, relatives, B. D. Harrison & W. W. Arbuckle, friends of the minors J. M., W. I., R. L., Robert, Adam, Ruth & Maggie Scaife to consult and advise concerning the sale of their interest in certain land in Claiborne parish and that T. D. Meadows, undertutor be duly notified of said meeting and that a commission issue to J. R. Ramsey Notary Public authorizing & requiring him to hold said meeting.

Thus done and signed officially on this 14 day of January, A. D. 1881.

Drew Ferguson, Clk. D. C.

Document 3: Commission to Hold the Family Meeting, 14 January 1881

Commission to hold family meeting issued to J. R. Ramsey, Notary Public of Claiborne Parish, Louisiana, on January 14, 1881, and filed on the same day.

Document 4: The Proces verbal of the Family Meeting, 14 January 1881

Oath of members of family meeting and proces verbal of family meeting, filed January 14, 1881, recite:

State of Louisiana, Parish of Claiborne.

We, C. F. Blackman, B. D. Harrison, W. W. Arbuckle, P. S. Smith, & C. A. Scaife Do Solemnly swear that we will faithfully and impartially deliberate & advise touching the interest of the minor children of C. P. Scaife with reference to the sale of certain land, situated in said parish in which said minors have an interest, to the best of our ability & understanding so help us God.

Sworn to & subscribed before me
Jany. 14, 1881.

J. R. Ramsey          )W. W. Arbuckle
                              )C. F. Blackman
Notary Public.        )B. D. Harrison
                              ) C. A. Scaife
                              ) P. S. Smith

Be it Known, that I John R. Ramsey a Notary Public, in & for said parish by virtue of the annexed commission to me directed by the Clerk of the District Court in & for said parish, proceeded on this day to convoke & hold a family meeting composed of C. F. Blackman, B. D. Harrison, W. W. Arbuckle, P. S. Smith & C. A. Scaife, relatives & friends of the minor children of C. P. Scaife to deliberate & advise touching theinterest of said minors with reference to the sale of certain land situated in said parish, in which said minors have an interest, by causing said persons to appear at my office in the Town of Homer, and after having qualified them according to law, they after deliberation advise & recommend that it would be of interest to said minors that, that the tract of land known as the Old Place of C. P. Scaife near Middle Fork in this Parish & containing about 500 acres be sold upon the following terms, at not less than five Dollars per acre, to be paid as follows, one half the purchase price to be paid Nov. 1, 1881 & the Balance Nov. 1, 1882, purchaser to Execute Notes therefor at 8 per cent interest from due, Vendor's Lien & privilege to be retained on the Land to secure payment of the purchase price, they further recommended that C. P. Scaife Tutor for his minor children be authorized to sell said land. T. D. Meadows under Tutor being present approves these proceedings.

Thus Done, Signed in My office in the Town of Homer in presence of the attesting witnesses on this 14 day of Jany. 1881.

Attest:
E. H. McClendon
R. R. Hightower
C. F. Blackman
W. W. Arbuckle
B. D. Harrison
C. A. Scaife
P. S. Smith
T. D. Meadows, Under Tutor.

J. R. Ramsey, Notary Public

Petition to homologate proceedings of family meeting, filed January 14, 1881, recites:

To the Clerk of 3rd Judicial District Court Parish of Claiborne & State of Louisiana, your petitioner Charner P. Scaife with respect shows the Court that he as Tutor of his minor children has caused a family meeting to be convoked and held before J. R. Ramsey Notary Public to deliberate concerning the interest of said minors and here present the proceedings of said meeting and prays that the same homologated and made judgment of the Court with all orders necessary.

E. H. McClendon
Atty for Tutor, C. P. Scaife.

Heirs of Charner P. Scaife, deceased.
Power of Attorney,
Conveyance Book R, page 37,
Dated April 4, 1895,
Filed September 19th, 1895,

TO

Wm. I. Scaife.

Know all men by these presents that we the undersigned heirs of Charner P. Scaife, late of said Parish, deceased, have this day named, constituted and appointed Wm. I. Scaife, a resident of the above named state and parish our true and lawful agent in fact to act for and in our steads in the settlement of the Estates of our deceased mother, Mrs. S. A. Scaife, and our deceased father, C. P. Scaife, giving our said agent full power to do and perform any and all acts necessary, or that may become necessary in the settlement of said Estates to so sign our names to any and all receipts, deeds or other instruments that may become necessary in said settlement, we also give him power and authority to make and receive deeds in our name & to make any and all settlement with the surviving widow of our deceased father, Mrs. Mollie Scaife,¹ and her minor child, Fletcher Scaife² in fact to do anything that he may deem necessary in the settlement of said Estates hereby ratifying and confirming all acts done by our said agent in the premises. Done & signed in presence of the attesting witnesses this April 4, 1895.

J. M. Scaife,
Ruth Scaife
Maggie Scaife
C. A. Scaife
R. L. Scaife
R. H. Scaife
Signed May 8, 1895; by; Adam Scaife





Before me the undersigned authority this day appeared Wm. I. Scaife, who being sworn says he saw all the parties to the foregoing power of atty. sign it for the purpose therein named & now recognizes all of the signatures as genuine.

W. I. Scaife

Sworn to & subscribed before me Sept. 19, 1895.
Drew Ferguson, C. D. C.

Editorial Notes:

W. I. Scaife for himself and
as the agent of C. A. Scaife J M
Scaife R L Scaife . R. H. Scaife
Miss Ruth Scaife Miss Maggie
Scaife and Mrs. Mollie Scaife, sur-
viving widow of C P Scaife, dec'd,
and Adam Scaife

with

Each Other

Agreement
Dated _________
Filed Sept. 19th, 1895

State of Louisiana, Parish of Claiborne.

Be it known that we W. I. Scaife for himself and as the agent of C. A. Scaife J M Scaife R L Scaife, R. H. Scaife Miss Ruth Scaife Miss Maggie Scaife and Adam Scaife and Mrs. Mollie Scaife surviving widow of C. P Scaife dec'd. do hereby agree that the said surviving widow in full satisfaction of any and all claims she has in and to the estate of her deceased husband C. P. Scaife and in full satisfaction of any and all claims her minor child Fletcher Scaife has against the estate of said C P Scaife as heir or otherwise, is to have and receive the following property to wit:

1st the home place being the home place on which C. P. Scaife was living at the time of his death containing 80 acres of land and all the improvements thereon as well as the present growing crop, All the corn Cotton seed, fodder that was on hand at the time of death of C. P. Scaife Also 1 cow 1 calf and 1 yr Jersey heifer, the cow referred to is the cow which is now giving milk, 1 sow and 4 shoates, 1 mule jack, wagon and harness, plows plow gear and all farming implements on the place, And all the household and kitchen furniture except the following, 2 feather beds 2 sets feather pillows, 2 feather bolsters, 2 wool mattresses 1 center table, 1 book case, 2 broken sets silver spoon 1set silver forks, 1 sugar bowl, 1 plate, and 3 coverlets which belonged to the former wife of C P Scaife, and the quilts which once belonged to the mother of C P Scaife, and such trunks as have been agreed upon or that will hereafter be agreed upon, between, This last list of property mentioned in the exception is to go to Dr. W. I. Scaife and those he represents.

All the other property of said estate is to go to and belong to the heirs of C. P. Scaife by his first wife share and share alike and out of which all the debts due by said estate is to be paid.

That when a good and valid deed and title to all the property herein above going to her is made to the surviving widow Mrs. Mollie Scaife, she binds herself to relinquish any and all claims for her homestead claims for One Thousand Dollars, she has against said estate.

And each party hereto binds himself and herself to take the proper steps in law to have this agreement made binding on all the minors in interest.
That there are some minors issue of Mrs. St. Cloud dec'd and Mrs. Smith dec'd, who are the descendants of C. P. Scaife dec'd and who are interested in the said estate.

That Dr. W. I. Scaife agrees to pay all cost necessary to make the deeds herein above contemplated to the surviving widow, and she agrees to pay cost of having herself confirmed as Tutrix of the minor Fletcher and to make this agreement binding on said minor by recommendation of family meeting. That the cost of making an Inventory is to be paid one half by each.

Mollie Scaife
W. I. Scaife

In Re the Tutorship of
the minor, Fletcher Scaife Claiborne Parish, Louisiana


In the 3rd Judicial Dist. Court,
Petition filed September 19, 1895, recites:

The petition of Mrs. Mary Scaife a resident of your said Parish of Claiborne with respect shows that her husband C. P. Scaife died intestate in your said Parish in the month of April the present year 1895, where he had long been resident, that he left one child Fletcher Scaife, a minor aged eight years, issue of his marriage with petitioner as well as a number of children, majors, issue of a previous marriage of the said C. P. Scaife, and that he left some property both real and personal situated in your said Parish.

Petitioner shows that she desires to be confirmed as Natural Tutrix of her said minor child Fletcher Scaife.

Wherefore she prays that a commission issue to some Notary Public to make an inventory of the property of C. P. Scaife in which said minor has an interest, that she be confirmed as Natural Tutrix of said minor Fletcher Scaife, that some suitable person be appointed under tutor of said minor and that commission issue to her as Natural Tutrix and to said under tutor upon their taking the oaths required by law.

Prays for all other orders necessary and general relief.

J. E. Moore, Atty.


Let the prayer of the petition be granted and let a commission issue to Drew Ferguson Clerk
of the District Court of Claiborne Parish La. and Ex. Officio A Notary Public of said Parish to take and make an inventory of the property of the minor Fletcher Scaife and let Mrs. Mary Scaife be confirmed as Natural Tutrix of the Minor, Fletcher Scaife, and T. O. Hester¹ be appointed Under tutor of said minor and commission issue to them as such upon their taking the Oath required by law.

Done and signed officially this Sept. 19th, 1895.

Drew Ferguson, C. D. C.

Editorial Note:

Inventory filed September 19th, 1895 shows the following real estate belonging to the Tutorship of Fletcher Scaife, to wit:

An undivided one twenty second part of S½ of SW¼ Sec. 21 and N½ & N½ of SE¼ & SW¼ of SE¼ Sec. 28, Tp 22 R 5 W, & NW¼ of SW¼ & SW¼ of NW¼ Sec 36 Tp 22 R 6 W, 600 acres more or less with all the improvements thereon, valued $2 per acre making the minor's interest $54.50.

Abstract of Inventory filed September 19th, 1895, recites:

ABSTRACT OF INVENTORY
Total amount of inventory $62 55/100 Dollars
Real Estate situated in the Parish of Claiborne
La. 27 3/11 acres valued at $2 per acre ......$54.50
Personal Property................................... 8.05
Total Amount Inventory..................... $62.55

A true abstract shown by Inventory on file in my office This Sept 19 1895

(SEAL) J. H. Thigpen, Dy. C. D. C.

Exchange Deed,
Conveyance Book R, page 37,
Dated September 19th, 1895,
Filed September 19th, 1895,
2 witnesses. Not. Act.

William I. Scaife, for himself
J. M. Scaife, R.L. Scaife, R.H.Scaife,
Miss. Ruth Scaife, Miss. Maggie Scaife,
and Adam Scaife, as per power of
Attorney on file in the Clerks
office in town of Homer, said
parish, and Mrs. Mollie Scaife,
surviving widow of C.P. Scaife, Decd.,
representing herself and her minor son,
Fletcher Scaife in capacity of natural
tutrix.

TO

EACH OTHER

The said Wm. I. Scaife for himself & as agent for the heirs above named does by this act and these presents sell transfer and deliver to Mrs. Mollie Scaife, surviving widow as aforesaid all their right title & interest in the following described land, situated in Claiborne Parish, to wit;

The NW¼ of SW¼ & SW¼ of NW¼ of Section 36, Township 22 North of Range 6 West, 80 acres, more or less.

Mrs. Mollie Scaife for herself & her minor child, Fletcher Scaife in consideration of the transfer of the above and foregoing described property, sells and conveys with a full and complete guarantee of title unto W. I. Scaife & the heirs by him represented as hereinabove stated & any other heirs of said C. P. Scaife by his first marriage, his & her minor child's interest in & to the following described land situated in Claiborne Parish, to wit;

The S½ of SW¼ of Section 21 and the N½ & N½ of SE¼ & SW¼ of SE¼ of Section 28, Tp. 22, North of Range 5 West, containing 520 acres, more or less, being all the real Estate belonging to the Estate of C. P. Scaife, dec. & that of his 1st wife, whether accurately described or not.

W. I. Scaife,
C. A. Scaife,
J. M. Scaife,
R. L. Scaife,
R. H. Scaife,
Miss. Ruth Scaife,
Miss. Maggie Scaife,
Adam Scaife,
Mollie Scaife, for self and for
minor, Fletcher Scaife

Attest;
E. H. McClendon
J. E. Moore

Drew Ferguson, C.D.C.

Sheriff's Deed
Conveyance Book "T", page 448,
Dated December ____, 1900
Filed December 28th, 1900
Two Witnesses. Notarial Act.


Estate of C. P. Scaife, deceased,
By J. H. Kirkpatrick, Sheriff

To

Dr. W. I. Scaife.

In District Court,
Claiborne Parish, Louisiana.
No. 2434.

Dr. W. I. Scaife, et al

vs

The Heirs of Dr. C. A. Scaife

Before me, Drew Ferguson, Clerk of the District Court & Ex-Officio a Notary Public for the Parish of Claiborne, La. this day appeared J. H. Kirkpatrick, Sheriff of Claiborne Parish, who declared that by virtue of a commission to him directed by the Clerk of the District Court of said Parish commanding to sell, after due and legal advertisement, all the property situated in said Parish belonging to the estate of C. P. Scaife, late of said Parish dec'd. for cash to effect a partition & especially the S½ of the SW¼ of Section Twenty one (21) & the N½ & the N½ of the SE¼ & the SW¼ of the SE¼ of Section twenty-eight (28) in Township Twenty-two (22) North of Range Five (5) West, 520 acres more or less & the improvements thereon. That on the 22nd day of December, 1900 at the Court House door in the town of Homer, La after he had advertised for more than 30 clear days in the Clipper, a weekly newspaper published at Homer, he proceeded after reading the commission already referred to, the advertisement and after complying with all other formalities of law to offer said above described property for sale as per advertisement, and after crying same a proper time in a loud and audible voice and giving fair warning, he sold said lands to Dr. W. I. Scaife for the sum and price of Nine Hundred Dollars, that being the last and highest bid, which sum the purchaser paid in cash.

And as directed in commission & decree of Court in the above numbered & entitled cause, he returns this commission executed as above set forth & have delivered funds to Clerk D. C. for partition.

Done and signed in presence of attesting witnesses on this ____ day of December, 1900.

J. H. Kirkpatrick, Sheriff.

Attest;
E. H. Fortson
E. H. McClendon

Drew Ferguson,
C.D.C. & Ex-Officio Not. Pub.

Partition filed May 14, 1902, recites:
State of Louisiana, Parish of Claiborne.

Be it Known that I, Drew Ferguson, Clerk & Ex Officio Notary Public in & for the Parish of Claiborne, La., by virtue of the annexed commission to me directed proceeded on this day to partition & divide between the legal heirs & representatives of C. P. Scaife, Dec. all the proceeds arising from the sale of property belonging thereto as follows to wit. To Amt. Sale of property $900.00, from this sum deduct costs, taxes, attys fees &c, Sheff's Cost $14.00, Printers fee $9.00, J. E. Moore, Curator ad hoc $10.00, taxes 1900 $10.92, E. H. McClendon fee $20.00, Clerk's Cost. $13.21, Revenue ___ for deed $1.00 making $78.17, leaving for partition $821.83, there being 9 branches leaves for each branch the sum of $91.31 that is to say to Dr. W. I. Scaife $91.31, J. M. Scaife $91.31, R. L. $91.31, R. H. Scaife $91.31, Mrs. Ruth Ramsey, $91.31, Mrs. Maggie Zeigler $91.31, heirs of Mrs. Edith St. Cloud $91.31¹ heirs of Mrs. Mattie Smith $91.31² Byron and Victor each $45.65, $91.31, Heirs of Dr. C. A. Scaife $91.31, the Minor Fletcher issue of the 2d marriage of C. P. Scaife having in a former settlement been divested of any interest in the land the proceeds of which is the base of this partition, see deed of exchange pages 37 & 38 book R Conveyance Records Claiborne Parish. There being no other property or proceeds to divide I caused the legal heirs or their representatives to sign this process each acknowledging as set forth, also in presence of attesting witnesses this 28 day of Dec. 1900.

J. E. Moore, Curator ad
hoc for Dr. C. A. Scaife heirs,
E. H. McClendon, Atty for W.
I. Scaife, J. M. Scaife, R. L.
Scaife, R. H. Scaife, Mrs. Ruth
Ramsey, Mrs. Maggie Zeigler,
heirs of Mrs. Edith St. Cloud,
heirs of Mrs. Mattie Smith, Dec.

Attest:

E. H. Fortson
J. P. Seals

Drew Ferguson, C. D. C. & Ex Off Not. Pub.

Editorial Notes:

In the Third Judicial District
Court of Claiborne Parish,
Louisiana. No. _________.
Dist. Court Record "H", pp.
568-9-70


Dr. Wm. I. Scaife, et al.
vs.
Heirs of C. P. Scaife .

Petition filed May 14, 1901, recites:

The petition of Dr. Wm. I. Scaife of your parish of Claiborne & state aforesaid, of Jas. M. Scaife of Lincoln Parish, said State, of Robin T. Scaife¹ of Grand Lake, State of Ark., of Robert H. Scaife of _________ State of Texas, of Mrs. Ruth Ramsey, wife of J. E. Ramsey² of Timpson Texas, whose husband joins her herein & authorized her to bring this suit & stand in Judgment, of Mrs. Maggie Zeigler, wife of J. P. Zeigler³ of Longview Texas whose husband joins her herein & authorized her to bring this suit & stand in Judgment with respect represents to the Court that they are the children & only legal living children of their father & mother C. P. Scaife & his first wife Sarah A. Scaife both of whom are now dead, that to this first marriage were also born Mrs. Edith St. Cloud, who died some ten years ago & left two children issue of her marriage with V. E. St. Cloud to wit: Miss Inez & Miss Irin St. Cloud both of whom are now majors & reside to the State of Georgia & who both join in this suit as plaintiffs. To this first marriage was also born Mrs. Mattie Smith, but who died some years ago leaving two sons Bynam⁴ & Victor Smith issue of marriage with P. S. Smith that said two sons also reside in the State of Ga. are majors & also join in this petition & suit as Pffs, that Adam Scaife died some years ago without issue was also a son of their father's first marriage, that Dr. C. A. Scaife was also born of the first marriage but he died less than one year ago in the Indian Territory where he was living and at his death left a widow Mrs. Leona Scaife⁵ & several children from 5 to 8 in number issue of his marriage with said widow. Petitioner avers that they in common with the heirs of Dr. C. A. Scaife Dec. some of whom are minors & all of whom now live at Dougherty, Indian Territory own the following land situated in your said Parish to wit: the S2 of SW4 Sec. 21 & N2 & N2 of SE4, and SW4 of SE4 Sec. 28 Tp. 22 N. of R. 5 W. 520 acres, more or less & being land acquired by their father during the time of his first marriage. That by inheritance & by a settlement made by their father's second wife who survived him & who still lives in Texas as per deed of exchange in authentic form inscribed on pages 37 & 38 Conveyance Book R of Claiborne Parish, Petitioners & Dr. C. A. Scaife acquired said land share & share alike each heir or root. Petitioner avers that while there was a child Fletcher Scaife born to their father's 2d marriage & who still lives with his mother Mrs. Mollie Scaife in Texas, he has no interest in the 520 acres of land above described because his interest which at first was only 1-11 of 1-2 was severed & transferred to Pffs. & Dr. C. A. Scaife by the deed of exchange & settlement hereinabove referred to. Petitioners aver that owing to the number of owners & quantity & quality of the 520 acres of land aforesaid it is impossible to make a fair & equitable partition of the land in kind & that they desire a partition of same & therefore the necessity of selling same at public auction that the proceeds thereof may be divided between the owners thereof. That said land is worth $2.00 per acre.

Wherefore petitioners pray that a Curator ad hoc be appointed to represent the children & heirs of Dr. C. A. Scaife Dec. & also represent the minor Fletcher Scaife & through whom they may be legally cited to answer hereto & on a hearing had that there be a judgment of the Court ordering the 520 acres of land described & referred to be sold at public auction to last & highest bidder after legal advertisement to effect a partition. That a Commission issue to a Notary Public authorizing him to make said partition as the law in such matters direct. That after paying expenses one-ninth of the remainder be given to the legal representatives of the heirs & children of Dr. C. A. Scaife, 1-9 to heirs of Mrs. St. Cloud, 1-9 to heirs of Mrs. Smith, Dec. & 1-9 to each of the Pffs. Petitioners pray for all orders & general relief.

McClendon & Seals,
Attys for Pffs.


Dr. W. I. Scaife being sworn says all the allegations in the above & foregoing petition are true & correct to the best of his knowledge & belief so help him God. That B. P. Edwards Judge of 3d Dist. Court is now absent from Claiborne Parish.

W. I. Scaife

Sworn to & subscribed before me Oct. 17, 1901.
E. H. Fortson, Dy. C. D. C.



By reason of the law & the above & foregoing petition, prayer & affidavit it is hereby ordered that J. E. Moore, Esq. be & he is hereby appointed Curator ad hoc to represent the absent children & heirs of Dr. C. A. Scaife Dec. & also to represent the minor Fletcher Scaife. Thus done & signed officially on this Oct. 17, 1901.

Drew Ferguson, Clerk Dist. Court.

Editorial Notes:

Done read and signed in open Court on this Nov. 16th 1901.

B. P. Edwards, Judge 3d Dist. La.

In Third Judicial District Court,
Claiborne Parish, Louisiana.



In Re Tutorship of the Minors of
Dr. W. I. Scaife, Deceased.

Petition and Order, filed August 4, 1902, recite:

The petition of Mrs. Blondel Scaife¹ with respect shows she resides in your parish, that she is the mother of 3 minor children Erin 9 yrs,² Zoreta 6 yrs,³ and Charner Scaife 3 years old,⁴ issue of her marriage with Dr. W. I. Scaife who died in your parish on July 31st 1902.

That at his death he left some property situated in your parish both real and personal property.

That it is necessary to have an inventory of said property made and necessary that she be confirmed as the Natural Tutrix of her said minor children and that some one be appointed as their under tutor.

Wherefore petitioner prays that she be appointed and confirmed as the Natural Tutrix of her said minor children and that their paternal Uncle R. L. Scaife be appointed under-tutor for said minors.

That an inventory and appraisement of all property belonging ___ the Succession of Dr. W. I. Scaife Decd. be made and that a commission issue to Drew Ferguson, authorizing and requiring him, as Clerk of 3rd District to make and take same.

That letters of Tutorship issue so soon as the forms of the law are complied with.
She prays for all orders necessary and for general relief.

E. H. McClendon
Atty for petitioner


By reason of the law and the above and foregoing petition it is hereby ordered that Mrs. Blondel Scaife be and she is hereby confirmed as the Natural Tutrix of her minor children Erin, Zoreta and Charner Scaife, issue of her marriage with Dr. W. I. Scaife decd.; and that R. L. Scaife be and he is hereby appointed as the Under tutor of said three minor children.

It is further ordered that an inventory and appraisement of all property belonging to the Estate and Succession of Dr. W. I. Scaife decd. be made, and that a commission issue to that end authorizing and requiring Drew Ferguson, Clerk 3rd Dist. Court or to his authorized deputy, to take and make same.

It is further ordered that letters of Tutorship as herein indicated issue so soon as the forms of law are complied with.
This done and signed officially on this Aug. 4th 1902.

Drew Ferguson,
Clerk Dist. Court

Editorial Notes:

Oath of Mrs. Blondel Scaife as Natural Tutrix of the minors, Erin, Zoreta and Charner Scaife, minor heirs of Dr. W. I. Scaife, deceased, dated August 6, 1902, and filed August 5, 1902.

Letters of Tutorship issued to Mrs. Blondel Scaife under date of August 5, 1902, as Natural Tutrix of the minor heirs of W. I. Scaife, deceased, and were filed on the same day.

Oath of R. L. Scaife as Under Tutor of the above named minors, filed August 5, 1902.

Letters of Under Tutorship issued to R. L. Scaife under date of August 5, 1902, and were filed on the same day.

Abstract of Inventory filed August 6, 1902, recites:
Total amount of inventory - - - - - - - - - - - - - - - - $92,791.00
S2 of SW4 Sec. 21 & N2 & N2 of SE4 & SW4 of SE4 Sec. 28,
T. 22 R. 5, 520 acres - - - - - - - - - - - - - - - - - - - $ 1000.00
A true Abstract August 6th 1902.

E. H. Fortson,
Dy. Clerk Dist. Court (Seal)

Charner A. Scaife, et als 071
Vs.
Geo. A. Jones, et al

PETITION, ETC. NO. 4837
Dated Jan. 14, 1920
Filed Jan. 22, 1920
Recorded Jan. 26, 192_

Bk. "M" - Dist.-Court -
Pages 378-81

STATE OF LOUISIANA
PARISH OF CLAIBORNE
3RD JUDICIAL DISTRICT COURT

TO THE HONORABLE JUDGE OF THE THIRD JUDICIAL DISTRICT COURT, IN AND FOR THE PARISH OF CLAIBORNE, STATE OF LOUISIANA: -----

-1-
THE PETITION OF,

(a) Charner A. Scaife,¹

(b) William S. Scaife,2

(c) Mrs. Evelyn Hoefling, wife of George Hoefling,³
the said George Hoefling authorizing his said
wife, (both residents of Mobile, Ala.)

(d) R. L. Scaife,⁴
(resident of Caddo Parish, La.)

(e) Roy R. Scaife, (resident of Sour Lake, Texas)⁵

(f) Ruby Scaife Ratcliffe,⁶ widow
(resident of Liberty County, Texas)

(g) Mrs. Ruth Scaife, wife of E. V. Cullins,⁷ and
the said E. V. Cullins to authorize his said wife.
(both residents of Clark County Ark.)

(h) Mrs. Tennie Scaife,⁸ the duly qualified tutrix,
of her minor child, J. Elmo Scaife,⁹ sole heir
of John M. Scaife,¹⁰ now deceased.
(Residents of the Parish of Lincoln, La.)

(i) Don Scaife¹¹

(j) Mrs. Nevada Scaife,¹² tutrix of her minor children,
Robert D. Scaife,¹³ and Margarite Scaife,¹⁴ sole heirs
of R. H. Scaife, deceased.
(residents of Parish of Lincoln, La.)

(k) Mrs. Aldina Scaife, wife of J. G. Gates,¹⁵ and the
said J. G. Gates to authorize his said wife, (both
residents of Parish of East Baton Rouge, State of
Louisiana).

(l) Roland L. Scaife,¹⁶
(resident of Middlesex County, Mass.)

(m) Mrs. Ruth Scaife, wife of George E. Ramsey,¹⁷ and
the said George E. Ramsey, to authorize his said
wife, (both residents of Noland County Texas)

(n) Roland Zeigler,¹⁸
(resident of Gregg, County, Texas)

(o) Leroy Trice, Guardian of Leroy Zeigler,¹⁹ a minor
child the issue of the marriage between J. P.
Zeigler, and his wife, Maggie Scaife, both deceased,
(resident of Gregg County, Texas).

(p) Mrs. Inez St. Cloud wife of W. A. Lyon,²⁰
(both residents of Augusta, Ga.)

(q) __________________

(r) J. Morgan Rector, the duly appointed guardian of
Emily Rector,21 (residents of Hays, Texas)

(s) Byran Smith,²²
(resident of Atlanta, Ga.)

(t) Victor Smith,²³
(resident of Louisville, Ky.),

with respect, represent,

1. That with the exceptions hereinafter set forth, in Para. 14, your petitioners (with the heirs of Wm. I. Scaife) are the sole heirs of the late Charner P. Scaife, and his now deceased wife, Sarah Scaife, the latter of whom died sometime in the latter seventies, and Charner P. Scaife died early in 1895, your petitioner Mrs. Ruth Ramsey being one of the children issue of the said marriage, and your other petitioners being the children and great grand children of said marriage, or their legal representatives, duly authorized.

2. Petitioners further represent that at the time of the death of the said Charner P. Scaife, and his said wife, they were the owners in indivision of six hundred acres of land in the Parish of Claiborne, fully described in the Paragraph 3 following compromising most of Sec. 28, and a portion of Sec. 21, Township 22 North Range 5, West La. Meridian.

3. That your petitioners are the owners in indivision of all the South Half of the Southwest Quarter of Section twenty-one, and all of Section twenty-eight except the Southwest Quarter and Southeast Quarter of the Southeast Quarter, all in Township twenty-two, North of Range Five, West La. Meridian, which land is owned in proportion hereinafter set forth by your petitioners and certain parties likewise hereinafter described.

4. Petitioners further represent that Charner P. Scaife, the ancestor of your petitioners, acquired the property from one Charles Gipson or Gibson, and others, which property was owned by the said Charner P. Scaife and his deceased wife at the time of their death, and was inherited by your petitioner from them.

5. Petitioners further represent that the said Charner P. Scaife and his deceased wife, Mrs. Sarah Scaife left at their death as their sole heirs James M. Scaife, Ruth Scaife, Edith Scaife, Mattie Scaife, Maggie Scaife, C. A. Scaife, Robin T. Scaife, Roger H. Scaife, and Adam Scaife (from whom your petitioners are descended) and one William I. Scaife.

6. Petitioners further represent that the said William I. Scaife filed suit No. 2434 of the records of this Honorable Court (recorded in the District Court Records, Book H., Pp. 5-6-8, et seq.) in which he recited that he together with James N. Scaife, Robin T. Scaife, Robert H. Scaife, Mrs. Ruth Scaife Ramsey, wife of J. E. Ramsey, Mrs. Maggie Scaife Zeigler, wife of J. P. Zeigler, who joined with him were the heirs together with the children of Mrs. Edith Scaife St. Cloud (who died leaving as her sole heirs, Inez St. Cloud, and Irene St. Cloud, both alleged to be majors), who also joined in the suit as plaintiffs, also Mrs. Mattie Scaife Smith, who died leaving two sons, Bynam Smith and Victor Smith, also majors who also joined in the suit as plaintiffs; that Adam Scaife died without issue, that Dr. C. A. Scaife, died leaving several children some of whom were minors, that the said parties owned the tract of land above described in indivision having been acquired by their father during his first marriage.

7. Petitioners further represent that the said Dr. William I. Scaife futher alleged that it was impossible to partition the land in kind and it was necessary to sell same at public auction; he prayed that curator ad hoc be appointed for the children and heirs of the Dr. C. A. Scaife, "through whom they may be legally cited", to answer; he likewise prayed for the public auction sale of the land and division of the proceeds thereof, after paying expenses.

8. Petitioners further aver that the said pretended suit and the judgment and sale and partition resulting therefrom were and are utterly null, void and of no effect and it did not vest title in the said William I. Scaife who purchased at the said sale, nor were petitioners divested of their title for the following reasons to-wit:

(a) That none of th_ persons who were alleged by the said William I. Scaife to have joined him in the said suit for partition had any knowledge whatever of the said suit; did not authorize the insitution of same and were joined as parties plaintiff without their knowledge or consent, (all of them but James M. Scaife, being non-residents of the state of Louisiana).

(b) That Inez St. Cloud, Irene St. Cloud, Bynam Smith and Victor Smith who were joined as parties plaintiff and who were alleged to have been majors, but were not majors, nor had they been emancipated and there was no one appointed to represent them with power to authorize the institution of said suit even if they had known of insitution of said suit, and they were therefore, not represented in the said suit.

(c) That Mr. J. E. Moore, who was pretendedly appointed curator ad hoc to represent the absent heirs of the Dr. C. A. Scaife, deceased (who were all minors at the time) was never legally qualified to represent said absent minors and was not a legal representative of said minors. (d) Petitioners further aver that the said J. E. Moore was never served with a copy of the said petition nor cited to appear in court; on the contrary said Moore expressly accepted service and waived citation which he was without authority or power to do.

(e) Petitioners further aver that said pretended partition proceedings were never approved nor homologated by any judgment of court.

9. Petitioners further aver that the said land is worth in excess of $2000.00.

10. Petitioners further aver that on July 31st, 1902, that William I. Scaife died leaving as his sole heirs, Erin Scaife, then nine years old, Zorita Scaife, age six years, and Charner Scaife, then aged three years and Mrs. Blondel L. Scaife widow in community and the mother of said children, who qualified as their natural tutrix.

11. Petitioners further represent that the said Mrs. Blondel L. Scaife pretended to own an undivided half interest in the said tract of land, about five hundred and twenty acres and acting as natural tutrix to her minor children, duly qualified, to own the other undivided half interest, obtained at various times orders of court authorizing her to sell land. That she, therefore, sold the said land and delivered possession thereof to the said vendees.

12. Petitioners further represent that the following described parties are illegally in possession of and claim ownership of the above described tract of land and having pretended to lease same as hereinafter set forth, viz:

(a) Frank N. Washington is in possession of the NW¼ of the SE¼ of Sec. 28.

(b) Almer L. Washington is in possession of the E½ of the SE¼ of the SW¼ of Sec. 28.

(c) George A. (or Oscar) Jones is in possession of the E½ of the SE¼ of the SW¼ of Sec. 21; the E½ of the E½ of the NW¼, and the W½ of the NE¼ and E½ of the NE¼ of theSW¼ and the W½ of the SE¼ of the SW¼ and the NE¼ of the NE¼, all in said Sec. 28, (the above land has been leased by the said Jones to Grant C. Stebbins, a resident of Tulsa, Okla., as is fully shown by said lease recorded in Conveyance Book 13, P. 578, records of Claiborne Parish.

(d) Holland Youngblood, a resident of the Parish of Claiborne is in possession of and claims ownership of the SW¼ of the SW¼ of Sec. 21; the W½ of the NW¼; the W½ of the NE¼ of the SW¼; the W½ of the E½ of the NW¼; ten (10) acres in the SW corner of the NE¼ of the SW¼, and ten (10) acres in the NW corner of the NE¼ of the SW¼ of said Sec. 28, (the above land has been pretendly leased to H. L. Martin, whose residence is unknown to your petitioners, as is fully shown by the said lease, recorded in Conveyance Book 14, P. 255, records of Claiborne Parish).

13. Petitioners further represent that the parties above named and their lessees are in actual physical possession of said property, without any title whatsoever thereto, and without any right to remain on said property; that the said parties above named refuse to deliver possession of said property to petitioners without any good or legal cause for such refusal; the the said pretended leases are likewise null, void and of no effect as far as your petitioners are concerned and should be so decreed and to that extent cancelled of record.

14. Petitioners further represent that they are the owners of the following described fractional interests in the said property above described, viz:

(a) Your petitioners, Charner A. Scaife, William L. Scaife, and Mrs. Evelyn Scaife Hoefling, each an undivided 1/27th interest in said land as the sole heirs of Dr. C. A. Scaife, deceased. 1/9

(b) Your petitioners R. L. Scaife, Roy R. Scaife, Don Scaife, Ruby Scaife Ratcliffe, Mrs. Ruth Scaife Cullins, J. Elmo Scaife, represented by his natural tutrix and mother, Mrs. Tennie Scaife, owners of an undivided 1/63 interest each in the said land, being the children and sole heirs (except Florence Scaife Bennet) to Joseph M. Scaife, deceased. 6/63

(c) Margaret Scaife, and Dayton Scaife, both represented by their tutrix Mrs. Nevada Scaife, and Mrs. Aldina Scaife Gates, being the owner of an undivided 1/27th interest each in the said tract as the sole heirs of Mrs. Maggie Scaife Zeigler, deceased. 1/9

(d) Roland L. Scaife, an undivided 1/9th interest in the said tract of land as the sole heir of Robin T. Scaife, deceased. 1/9

(e) Roland Zeigler, and Leroy Zeigler represented by J. E. Price²⁴ his guardian the owners of an undivided 1/18th interest each in the said tract as the sole heirs of Mrs. Maggie Scaife Zeigler, deceased. 1/9

(f) Mrs. Inez Lyon, owner of an undivided 1/18th interest and Emily Rector, (represented herein by her guardian) as the owner of an undivided 1/36 interest in the said land being the sole heirs (with the exception of Howard Hester) of Mrs. Edith Scaife St. Cloud. 1/18

(g) Byran Smith, and Victor Smith as the owners of an undivided 1/18th interest each in the said tract of land as the sole heirs of Mrs. Mattie Scaife Smith. 1/9

(h) Mrs. Ruth Scaife, wife of George E. Ramsey, as the owner of undivided 1/9th interest in her own right. 1/9

Petitioners further represent that as parties illegally in possession of the said property, the said parties above named, and their pretended authors in title owe your petitioners rents and revenues from 1902 down to present date; that your petitioners desire to reserve their rights to sue later for the said rents and revenues and interest thereon.

WHEREFORE, petitioners pray that the said Frank N. Washington, Almer L. Washington, George A. (or Oscar) Jones, and Holland Youngblood, Grant C. Stebbins, and H. L. Martin, be duly cited to appear and answer this demand; that after due proceedings had there be judgment in favor of petitioners and against the said Frank N. Washington, Almer L. Washington, George A. (or Oscar) Jones, and Holland Youngblood, recognizing your petitioners as the true and lawful owners of said property in the propertions above fully set forth, and as such entitiled to the full and undisturbed possession thereof to the extent of their interests above fully setforth, and ordering the said defendants to deliver said possession of the said property to petitioners; that there be further judgment against H. L. Martin, together with Holland Youngblood, and George A. (or Oscar) Jones together with Grant C. Stebbins, annulling the said pretended leases granted in favor of the said Stebbins and said Martin and ordering same cancelled of_ record; petitioners further pray that their rights for rents and revenues be fully reserved for them; they further pray for all such orders and decrees as may be necessary and proper in the premises, and for general relief.

By their attorneys,
(signed) E. R. Kaufman²⁵
Smith & Carmouche

A F F I D A V I T


W. J. Carmouche, being first duly sworn, deposes and says: I am a member of the firm of Smith & Carmouche, attorneys for petitioners herein; I have read the above and foregoing petition and all of the facts and allegation therein set forth, are true and correct to the best of my knowledge and belief.
(Signed) W. J. Carmouche.
Sworn and subscribed before me this 14th day of January, 1920.



Notary Public


Filed 1920



Clerk of Court.



W. J. Carmouche, being first duly sworn deposes and says: I am one of the attorneys for petitioners herein; I have read the above and foregoing petition and all the facts and allegations therein contained are true and correct to the best of my knowledge and belief.
(Signed) W. J. Carmouche

Sworn to and subscribed before me this 1st day of March, 1920.

(Signed) E. H. Fortson
Clerk of Court

Editorial Notes:

1. For lack of information allegations of Art. 1, are denied.

2. Article 2 is denied, for lack of information.

3. Article 3 is denied.

4. Article 4, for lack of information is denied.

5. Article 5, for lack if information is denied.

6. It is admitted that a suit was filed, as alleged in Article 6.

7. Allegations of Article 7 are admitted.

8. All allegations contained in Article 8 are denied.

9; Allegations of Article 9 are admitted.

10. Allegations of Article 10 are admitted.

11. Allegations of Article 11 are admitted.

12. Your defendant admits that he is in possession of the land described in Subdivision d. of Article 12, but for lack of information, the other allegations of Article 12 are denied.

13. Your defendants admit that he is in possession of the property, as described in subdivision d of Article 12, of plaintiffs' petition, but denies that he is without title, and denies all other allegations therein contained.

14. Allegations of Article 14 are denied.

15. Answering further your defendant shows that on February 19, 1918, he acquired by deed in authentic form, passed before E. H. Fortson, Clerk of the Third District Court & Ex-Officio Notary Public, Claiborne Parish, Louisiana, from Mrs. Blondel Scaife, widow of Dr. William Scaife acting for herself and as natural tutrix for her minor children, Charner G. Scaife, and Zorita Scaife, by authority of a family meeting, and from Mrs. Erin S. McKean, the following described land: SW¼ of SW¼ and W½ of SE¼ of SW¼ Section 21, and the W½ of NW¼ and W½ of E½ if NW¼ and W½ of NE¼ of SW¼ Section 28, all in Township 22, North, Range 5 West, being 200 acres more or less, said deed being recorded on page 461, Book 5, of the Conveyance Records of Claiborne Parish, La., which deed is made a part hereof by reference.

16. Your defendant shows further that he acquired said property from the said Mrs. B. Scaife, and the other vendors, as named hereinabove, in good faith and by a just title translative of property, and that he is in possession thereof as owner in good faith at this time.

17. Answering further, your defendant shows that W. I. Scaife, husband of Mrs. Blondel Scaife, acquired said property in good faith under a sheriff's deed translative of property, bearing date December 28, 1900, as recorded on page 448, Book "T" Conveyance Records, Claiborne Parish, Louisiana, which deed is made a part hereof by reference, and which property was sold in order to effect a partition in suit #2434, entitled Dr. W. I. Scaife, et als., vs. Heirs of Dr. C. A. Scaife, deceased, all of which proceedings in said suit, are made a part hereof, by reference.

18. Answering further, your defendant avers that the partition proceedings hereinabove referred to were regular, legal and valid in every <particular>.

19. Further answering, your defendant, shows that the said W. I. Scaife, held said property as owner in good faith, from December, 1900 until July 31, 1902, when he died in your said parish.

20. Defendant further shows, that on the death of the said W. I. Scaife his widow, Mrs. Blondel Scaife, and children accepted his Succession, and took possession of the property, as his widow in community and heirs, and held same, as owners in good faith, until they sold same to your defendant under a deed with full warranty of title as hereinabove set forth, on Feb. 19, 1918.

21. Your defendant further shows that if the Court should hold that the partition proceedings in suit #2434, Dr. W. I. Scaife et als. vs Heirs of Dr. C. A. Scaife, were null or irregular then the plaintiffs in this case at bar are estopped from claiming said lands, for the reason that each of the heirs of Dr. C. A. Scaife, deceased, received their just and proportionate part of the proceeds derived from the sale of his lands and property, and which estopped your defendant specially pleads in bar of plaintiffs action in this suit.

22. Defendant further pleads the prescription of one, three, five and ten years in bar of plaintiffs' action.

23. Answering further defendant shows that the said Mrs. Blondel Scaife, and Mrs. Erin Scaife McKean, (formerly Erin Scaife) and Mrs. Zorita Scaife Mann, now the wife of A. S. Mann, are residents of Lafayette Parish, Louisiana and that Charner G. Scaife is a resident of the State of Kansas.

24. Defendant shows that he acquired said property from the parties named in Article next preceeding herein, on February 19, 1918, as hereinabove alleged and that he is sued in eviction of immovable property which has been sold to him by the said Mrs. Blondel Scaife, Charner G. Scaife, Zorita Scaife Mann and Mrs. Erin Scaife McKean, and the said parties having warranted the title of said property to your respondent, they are necessary parties to this action, and respondent now calls them in warranty herein, to the end that they may be made parties defendant in this suit, and that they may defend your respondent in his title to the said property.

25. Defendant herein shows that the said Charner G. Scaife, being an absentee, it is necessary that a curator be appointed to represent him in this action and these proceedings.

26. Your defendant shows that he said paid the sum of Eleven Hundred Thirty three ($1133.00) Dollars, cash to his authors in title Mrs. Blondel Scaife, Charner G. Scaife, Zorita Scaife Mann, and Mrs. Erin Scaife McKean, in accordance with the terms of the deed, bearing date February 19, 1918, hereinabove referred to which amount should be returned to your defendant in event he is evicted.

WHEREFORE, respondent prays that the said Mrs. Blondel Scaife, Mrs. Erin Scaife McKean, Mrs. Zorita Scaife Mann, and Charner G. Scaife, (through his duly appointed curator ad hoc) may be called in warranty herein, and cited to appear and to answer to plaintiffs Petition, and this call in warranty; and that after due proceedings had, that the pleas of estoppel and prescription, hereinabove interposed be sustained, and that plaintiffs demands be rejected at their cost; and should your defendant be cast in this action, then respondent prays for a judgment in his favor and against the said warrantors, for the sum of Eleven Hundred Thirty Three dollars and thirty three cents, with interest thereon from Jan. 1, 1920, and for a judgment in his favor and against warrantors for the judgment that may be rendered against him, in this suit herein answered by your defendant, as well as for all the loss and damage he may have sustained, by reason of this suit.

Defendant prays for cost, and for all general and equitable relief.

(Signed) McClendon, Morelock & Seals,
attorneys for defendant.




State of Louisiana,
Parish of Claiborne. Enos C. McClendon, on oath deposes and says that he is a member of the firm of McClendon, Morelock & Seals, attorneys for defendant, Holland Youngblood, herein, and that all the allegations contained in the above and foregoing petition are true and correct, to the best of his knowledge, information and belief.

(Signed) Lamont Seals, Not. Pub.Claiborne
Parish, Louisiana





ORDER:-
Let A. B. Atkind, an attorney at law of Homer, Claiborne Parish, La., be and he is hereby appointed curator ad hoc, to represent the absent Charner G. Scaife, and Let Mrs. Blondel Scaife, Mrs. Erin Scaife McKean, Mrs. Zorita Scaife Mann, and Charner G. Scaife be called in warranty herein, and let them each be cited to appear and to answer plaintiffs' petition and this call in warranty, as prayed for, and according to law.
This Feb. 6, 1922.

(Signed) J. E. Reynolds, Judge Third Dist.
Court, Claiborne Parish, Louisiana.

1. The allegations of paragraph 1 of plaintiffs' petition are denied.

2. The allegations of paragraph 2 of plaintiffs' petition are denied.

3. The allegations of paragraph 3 of plaintiffs' petition are denied.

4. The allegations of paragraph 4 of plaintiffs' petition are denied.

5. The allegations of paragraph 5 of plaintiffs' petition are denied.

6. The allegations of paragraph 6 of plaintiffs' petition are admitted in so far as to admit that a suit was filed as alleged.

7. The allegations of paragraph 7 of plaintiffs' petition are admitted.

8. The allegations of paragraph 8 of plaintiffs' petition are denied.

9. The allegations of paragraph 9 of plaintiffs' petition are admitted.

10. The allegations of paragraph 10 of plaintiffs' petition are admitted.

11. The allegations of paragraph 11 of plaintiffs' petition are admitted.

12. The allegations of paragraph 12 of plaintiffs' petition are admitted, in so far as it is alleged that this defendant is in possession of claims the ownership of the land described in subdivision c of this paragraph, but for lack of information all other allegations of said paragraph are denied, and strict and legal proof of same is demanded.

13. The allegations of paragraph 13 of plaintiffs' petition are admitted in so far as they aver that this defendant is in possession of and claiming the ownership of the land described in subdivision c of Paragraph 12 above, but defendant avers that this ownership and possession are legal. Other allegations of this paragraph are denied.

14. The allegations of paragraph 14 of plaintiffs' petition are denied.

15.Answering further this defendant shows that on February 19, 1918, he acquired by deed in authentic form passed before E. H. Fortson, Clerk of the Third District Court, of Claiborne Parish, from Mrs. Blondel Scaife, widow of Dr. William I. Scaife, acting for herself and as natural tutrix for her minor children, Charner G. Scaife and Zorita Scaife, by authority from a family meeting, and from Mrs. Erin Scaife McKean, the land described in subdivision c of paragraph 12 of petition, said deed being recorded in Book 5, page 462 of the Conveyance Records of Claiborne Parish.

16. That he purchased said property in good faith and by a title translative of property, and that he is in possession of same as owner at this time and has been ever since he purchased same.

17. That W. I. Scaife, husband of Mrs. Blondel Scaife, acquired said property in good faith under a sheriff's deed translative of property, bearing date of December 28, 1900, as recorded on page 448, Book T. of the Conveyance records of Claiborne Parish, which property was sold in order to effect a partition in suit No. 2434, styled Dr. W. I. Scaife Vs. Heirs of Dr. C. A. Scaife, deceased, all of which proceedings are made part hereof by reference.

18. That the partition proceedings referred to above were regular, legal and valid in all respects, and that the proceeds of said sale of said property were distributed and paid to the parties interested, some of whom are plaintiffs in this suit.

19. That the said Dr. W. I. Scaife held said property as owner in good faith from December 28, 1900 until July 31, 1902, the date of his death.

20. That at the death of the said Dr. W. I. Scaife, his widow, Mrs. Blondel Scaife, and children, accepted his succession and took possession of said property, as his widow in community and sole and only heirs at law, and held same, as owners in good faith, until they sold same to this defendant as above set out, on February 19, 1918.

21. That even if the Court should find that the said partition was irregular in any manner, the plaintiffs are estopped from attacking same for the reason that each and every one of them in their capacity as heirs, received the proportionate part of the proceeds of said sale coming to each as heir, which estoppel this defendant specially pleads at this time.

22. That this action to set aside this partition sale is prescribed by one, three, five and ten years prescription which this defendant specially pleads.

23. That Mrs. Blondel Scaife and Mrs. Erin Scaife McKean, nee Scaife, and Charner G. Scaife are residents of LaFayette Louisiana, and Mrs. Zorita Scaife Mann, wife of A. S. Mann, resides out of the State of Louisiana, which parties were this defendant's vendors in the act of sale by which he purchased said property.

24. That since this defendant is being sued in eviction of said property, which was sold to him by the parties named in paragraph 23 under a warranty deed, the said parties are necessary parties to this suit, and this defendant now calls them in warranty herein, to the end that they may be made parties defendant to this suit, and that they may defend your respondent in his title to said property.

25. That Mrs. Zorita Scaife Mann, being an absentee, it is necessary that a curator ad hoc be appointed to represent her in this action and this suit.

26. That this defendant has paid his said vendors certain sums of money on the purchase price of said property, which should be returned returned to defendant in case he should be evicted by the plaintiffs herein.

WHEREFORE, this defendant prays that the said Mrs. Blondel Scaife, Mrs. Erin Scaife McKean, and Charner G. Scaife, and Mrs. Zorita Scaife Mann, (through her duly appointed curator ad hoc) may be called in warranty herein and cited to appear and answer to plaintiffs' petition and this call in warranty; and after due proceedings are had, that the pleas of estoppel and prescription hereinabove interposed, be sustained, and that plaintiffs' demands be rejected at their costs; and should this defendant be cast in this action, then he prays for judgment in his favor against said warrantors for whatever sum that may be shown to have been paid to the said warrantors on the purchase price of said property, with interest from the dates of said payments, and for the same judgment against said warrantors as may be rendered against defendant in this suit.

Prays further for all necessary orders, costs and general relief.

(Signed) T. H. McGregor
A T T O R N E Y.




STATE OF LOUISIANA
PARISH OF CLAIBORNE.

Personally came and appeared before me, the undersigned authority, T. H. McGregor, who being duly sworn, deposes and says that he is the attorney of the defendant appearing in the above and foregoing answer, and that all the allegations contained therein are true and correct to the best of his knowledge and belief.

(Signed) T. H. McGregor
Subscribed and sworn to this May 15-1922.
(Signed) Lamont Seals,
Notary Public.




O R D E R

Let A. B. Atkins, an attorney at law of Homer, Claiborne Parish, Louisiana, be, and he is, hereby appointed curator ad hoc to represent the absent defendant, Mrs. Zorita Scaife Mann, and let Mrs. Blondel Scaife, Mrs. Erin Scaife McKean, Charner G. Scaife, and Mrs. Zorita Scaife Mann, (through her curator ad hoc appointed herein), be called in warranty herein, and let each be cited to appear and to answer the plaintiffs' petition and this call in warranty, as prayed for and as provided by law.
This the 25 day of Sept. 1922.

(Signed) J. E. Reynolds,
J U D G E.

1. The allegations of paragraph 1 of plaintiffs' petition are denied.

2. The allegations of paragraph 2 of plaintiffs' petition are denied.

3. The allegations of paragraph 3 of plaintiffs' petition are denied.

4. The allegations of paragraph 4 of plaintiffs' petition are denied.

5. The allegations of paragraph 5 of plaintiffs' petition are denied.

6. The allegations of paragraph 6 of plaintiffs' petition are admitted in so far as to admit that a suit was filed as alleged.

7. The allegations of paragraph 7 of plaintiffs' petition are admitted.

8. The allegations of paragraph 8 of plaintiffs' petition are denied.

9. The allegations of paragraph 9 of plaintiffs' petition are admitted.

10. The allegations of paragraph 10 of plaintiffs' petition are admitted.

11. The allegations of paragraph 11 of plaintiffs' petition are admitted.

12. The allegations of paragraph 12 of plaintiffs' petition are admitted, in so far as it is alleged that this defendant is in possession of claims the ownership of the land described in subdivision c of this paragraph, but for lack of information all other allegations of said paragraph are denied, and strict and legal proof of same is demanded.

13. The allegations of paragraph 13 of plaintiffs' petition are admitted in so far as they aver that this defendant is in possession of and claiming the ownership of the land described in subdivision c of Paragraph 12 above, but defendant avers that this ownership and possession are legal. Other allegations of this paragraph are denied.

14. The allegations of paragraph 14 of plaintiffs' petition are denied.

15. Answering further this defendant shows that on February 19, 1918, he acquired by deed in authentic form passed before E. H. Fortson, Clerk of the Third District Court, of Claiborne Parish, from Mrs. Blondel Scaife, widow of Dr. William I. Scaife, acting for herself and as natural tutrix for her minor children, Charner G. Scaife and Zorita Scaife, by authority from a family meeting, and from Mrs. Erin Scaife McKean, the land described in subdivision c of paragraph 12 of petition, said deed being recorded in Book 5, page 462 of the Conveyance Records of Claiborne Parish.

16. That he purchased said property in good faith and by a title translative of property, and that he is in possession of same as owner at this time and has been ever since he purchased same.

17. That W. I. Scaife, husband of Mrs. Blondel Scaife, acquired said property in good faith under a sheriff's deed translative of property, bearing date of December 28, 1900, as recorded on page 448, Book T. of the Conveyance records of Claiborne Parish, which property was sold in order to effect a partition in suit No. 2434, styled Dr. W. I. Scaife Vs. Heirs of Dr. C. A. Scaife, deceased, all of which proceedings are made part hereof by reference.

18. That the partition proceedings referred to above were regular, legal and valid in all respects, and that the proceeds of said sale of said property were distributed and paid to the parties interested, some of whom are plaintiffs in this suit.

19. That the said Dr. W. I. Scaife held said property as owner in good faith from December 28, 1900 until July 31, 1902, the date of his death.

20. That at the death of the said Dr. W. I. Scaife, his widow, Mrs. Blondel Scaife, and children, accepted his succession and took possession of said property, as his widow in community and sole and only heirs at law, and held same, as owners in good faith, until they sold same to this defendant as above set out, on February 19, 1918.

21. That even if the Court should find that the said partition was irregular in any manner, the plaintiffs are estopped from attacking same for the reason that each and every one of them in their capacity as heirs, received the proportionate part of the proceeds of said sale coming to each as heir, which estoppel this defendant specially pleads at this time.

22. That this action to set aside this partition sale is prescribed by one, three, five and ten years prescription which this defendant specially pleads.

23. That Mrs. Blondel Scaife and Mrs. Erin Scaife McKean, nee Scaife, and Charner G.Scaife are residents of LaFayette Louisiana, and Mrs. Zorita Scaife Mann, wife of A. S. Mann, resides out of the State of Louisiana, which parties were this defendant's vendors in the act of sale by which he purchased said property.

24. That since this defendant is being sued in eviction of said property, which was sold to him by the parties named in paragraph 23 under a warranty deed, the said parties are necessary parties to this suit, and this defendant now calls them in warranty herein, to the end that they may be made parties defendant to this suit, and that they may defend your respondent in his title to said property.

25. That Mrs. Zorita Scaife Mann, being an absentee, it is necessary that a curator ad hoc be appointed to represent her in this action and this suit.

26. That this defendant has paid his said vendors certain sums of money on the purchase price of said property, which should be returned returned to defendant in case he should be evicted by the plaintiffs herein.

WHEREFORE, this defendant prays that the said Mrs. Blondel Scaife, Mrs. Erin Scaife McKean, and Charner G. Scaife, and Mrs. Zorita Scaife Mann, (through her duly appointed curator ad hoc) may be called in warranty herein and cited to appear and answer to plaintiffs' petition and this call in warranty; and after due proceedings are had, that the pleas of estoppel and prescription hereinabove interposed, be sustained, and that plaintiffs' demands be rejected at their costs; and should this defendant be cast in this action, then he prays for judgment in his favor against said warrantors for whatever sum that may be shown to have been paid to the said warrantors on the purchase price of said property, with interest from the dates of said payments, and for the same judgment against said warrantors as may be rendered against defendant in this suit.

Prays further for all necessary orders, costs and general relief.

(Signed) T. H. McGregor
A T T O R N E Y.




STATE OF LOUISIANA
PARISH OF CLAIBORNE.

Personally came and appeared before me, the undersigned authority, T. H. McGregor, who being duly sworn, deposes and says that he is the attorney of the defendant appearing in the above and foregoing answer, and that all the allegations contained therein are true and correct to the best of his knowledge and belief.

(Signed) T. H. McGregor
Subscribed and sworn to this May 15-1922.
(Signed) Lamont Seals,
Notary Public.




O R D E R

Let A. B. Atkins, an attorney at law of Homer, Claiborne Parish, Louisiana, be, and he is, hereby appointed curator ad hoc to represent the absent defendant, Mrs. Zorita Scaife Mann, and let Mrs. Blondel Scaife, Mrs. Erin Scaife McKean, Charner G. Scaife, and Mrs. Zorita Scaife Mann, (through her curator ad hoc appointed herein), be called in warranty herein, and let each be cited to appear and to answer the plaintiffs' petition and this call in warranty, as prayed for and as provided by law.
This the 25 day of Sept. 1922.

(Signed) J. E. Reynolds,
J U D G E.

Editorial Note: