Documents

August 12, 1954

Huntsville City Council Resolution No. 54-109

Resolution authorizing the City of Huntsville to attempt to purchase a 60 ft. x 40 ft. parcel, which includes a well site, for the purpose of securing a water supply sufficient for the inhabitants of the City of Huntsville.

October 14, 1954

Huntsville City Council Resolution No. 54-127

Resolution stating that the City of Huntsville has been unable to purchase the well site referenced in Resolution 54-109. The City Council authorized the commencement of condemnation proceedings in the name of the City of Huntsville to acquire the well site to obtain a source of water and water supply sufficient for the City of Huntsville’s inhabitants and users within contiguous areas.

October 22, 1954

Verified Application in Probate Cause No. 12257

Condemnation application filed by the City of Huntsville naming, among others, Willie Fay Jones and family as potential claimants to the well site.

October 25, 1954

Service Receipt in Probate Cause No. 12257

Sheriff’s deputy served Willie Fay Jones with a notice of application for the commencement of condemnation proceedings and accompanying notice of hearing set for November 24, 1954. The court described the property as follows:

"A lot 40 feet east and west and 60 feet north and south in the southwest corner of the following described tract: Beginning at a point on the north margin of the Athens Pike…containing 2.25 acres, more or less...,together with the well located on said real estate."

November 24, 1954

Order of Condemnation in Probate Cause No. 12257

Order at conclusion of hearing on condemnation application. The probate judge states that David R. Archer, as the attorney for Willie Fay Jones and family, was present in court. The order states that no objections were filed, and no objections were made at the hearing. The judge grants the condemnation application.

December 21, 1955

Affidavit of Willie Fay Jones in Probate Cause No. 12257

Submitted by attorney David R. Archer representing Willie Jones and family. The affidavit provides a representation of the succession of the 2.25-acre parcel containing the well site. The affidavit further provides that Rachelle Stewart was a witness to Mr. Jones’s mark and that the affidavit was sworn and subscribed before his attorney, Mr. David R. Archer, before being filed into court.

December 30, 1954

Decree in Probate Cause No. 12257

The probate court accepted the recommendation of three disinterested jurors, all citizens of Madison County and appointed by the Probate Court, who, upon review of “all legal evidence offered by the parties” valued the property, including the well site, at $900. Upon their recommendation, the court entered an order assessing $900 as damages and compensation for the property owners. Title to the property divested out of defendants (including Willie Jones) and vested in the applicant, the City of Huntsville.

January 24, 1955

Notice of Appeal by Willie Jones in Probate Cause No. 12257

Willie Fay Jones, Charlie Eldridge, Lloyd Jones, and Reva Jones Boyd appeal the probate court’s order of final condemnation as to the amount of damages and compensation due to the owners thereof to the Madison County Circuit Court. Notice of the appeal was subsequently served upon the City of Huntsville, on January 25, 1955.

November 7, 1955

Order of Appeal in the Madison County Circuit Court Cause No. 6147

Order from the circuit court noting that a jury trial was held as “the amount to be awarded as just compensation for the real estate to be condemned” and that a twelve-member jury increased the valuation to $1,250. The city having already paid into court $900 from the probate court proceedings, was ordered to pay an additional $350 for the property. The circuit court further reaffirmed that title is now vested in the City of Huntsville and that the property was condemned for the purpose of obtaining a source of water and a water supply sufficient for the inhabitants of the City of Huntsville and users within contiguous areas.

March 27, 1956

Order in Probate Cause No. 12257

Order of probate court awarding compensation to Willie Fay Jones, Charlie Eldridge, Reva Jones Boyd, Lloyd Jones, and Lillie Mae Crawford.

October 15, 1958

Warranty Deed

Willie Jones and Lola Mae Jones sell to W.L. Sanderson Realty, for two tracts of land, including a 2.25-acre parcel, less and except a 60 x 40 lot containing the well previously condemned by the City.

April 6, 1962

Warranty Deed

Deeds from Gladys S. Sanderson, W.L. Sanderson, and W.L. Sanderson Realty, Inc., conveying the 2.25-acre tract, less and except the 60 x 40 lot, to the UA Board of Trustees.

June 11, 1962

Condemnation Application in Probate Cause No. 14431

Madison County and the City of Huntsville file an application for condemnation of multiple parcels of property, including in Paragraph 7 of the Application the 2.25-acre tract previously conveyed to the UA Board of Trustees, less and except the previously condemned 60 ft. x 40 ft. well site (which the City of Huntsville owned from the first condemnation proceeding) “for public use” and to “donate property and money, or either, to the University of Alabama for educational purposes. The application gave notice to all parties having or claiming any right to the property at any point in the 60 years preceding the filing of the application, including Willie Jones and his family.

June 20, 1962

Service Receipt in Probate Cause No. 14431

Sheriff’s deputy serves Willie Jones with notice of the second condemnation, and noting that the Court has set a hearing for the condemnation proceeding on July 11, 1962.

July 11, 1962

Minutes of Proceeding in Probate Cause No. 14431

Initial hearing held on the second condemnation proceedings. Willie Jones is present at the hearing per the transcript. The judge asks if there are any objections to the condemnation proceedings, and no one objects. The Assistant County Attorney testified that the property is being condemned pursuant to Resolutions passed on May 21, 1962 by the Board of Commissioners of Madison County, which state that land should be condemned so that it may be donated to the University of Alabama to be used as a location for the Research Institute of Alabama.

August 21, 1962

Valuation Report Submitted in Probate Cause No. 14431

Commissioners appointed by the probate Court set valuation of the land described in the condemnation proceedings at Paragraph 7 at $25,000. This includes the 2.25-acres and other surrounding property consisting of approximately an additional 8 acres.

December 17, 1962

Madison County Board of Commissioners Resolution

Madison County Board of Commissioners resolution noting that title to the property now vested in Madison County and the City of Huntsville jointly after condemnation. The Commissioners resolve to donate the land to the Board of Trustees for The University of Alabama for educational purposes.

December 20, 1962

Warranty Deed

Deed from Madison County, Alabama, to The Board of Trustees of The University of Alabama, conveying the County’s one-half (1/2) interest in the condemned lands.

December 27, 1962

Madison County Board of Commissioners Resolution No. 62-251

Huntsville City Council resolves to donate the City’s one-half (1/2) interest in the condemned lands to the Board of Trustees of The University of Alabama.

January 10, 1963

Warranty Deed

Deed from the City of Huntsville to The Board of Trustees of The University of Alabama, conveying the County’s one-half (1/2) interest in the condemned lands at issue.

December 20, 1962

Order in Probate Cause No. 14431

Probate court issues decree stating that due to conflicting claims being filed as to compensation for the land described in Paragraph 7 of the Condemnation, including the 2.25-acre parcel, the claims and the $25,000 at issue are transferred to the Circuit Court in Equity of Madison County.

November 18, 1963

Original Bill in Equity Cause No. 18604

Lloyd Jones, Reva Jones Boyd, Lillie Mae Crawford, and Charlie Eldridge submit through their attorney, Roscoe Roberts, a claim for compensation related to the 2.25-acre tract. They assert that they know of no one else who has an interest in the property.

The family states that Wille Fay Jones conveyed his interest in the property to W.L. Sanderson Realty Company on October 15, 1958. W.L. Sanderson Realty conveyed its interest to the UA BOT on April 6, 1962.

November 18, 1963

Affidavit for Publication in Equity Cause No. 18604

Attorney for complainants, Roscoe Roberts, submits an affidavit certifying that the claim submitted by Lloyd Jones, Reva Jones Boyd, Lillie Mae Crawford, and Charlie Eldridge included the names of any parties who he is aware of who claim a right in the 2.25-acre parcel.

November 19, 1963

Order of Publication in Equity Cause No. 18604

The circuit court issues an order for a public notice of the condemnation proceedings related to the 2.25-acre parcel to be placed in The Huntsville Times once a week for four consecutive weeks so that all persons alleging a claim of right to the proceeds can submit such claim.

December 13, 1963

Response and Crossclaim to Application in Equity in Equity Cause No. 18604

The UA BOT filed its cross-complaint in the Circuit Court claiming partial ownership of the property. The UA BOT sought compensation predicated on its acquisition of the property at issue from Sanderson Realty.

January 24, 1964

Decree of Pro Confesso in Equity Cause No. 18604

Register’s certificate filed stating that newspaper publications were completed, and thirty days passed. Accordingly, an order was entered indicating that the proceedings would be effective against all who failed to appear and file a claim.

February 27, 1964

Amendment of Answer in Equity Cause No. 18604

The UA BOT files an amended cross-complaint specifically referencing the 2.25-acre tract and providing the deed references for the Jones to Sanderson and Sanderson to UA BOT transfers.

February 27, 1964

Decree from Original Bill in Equity Cause No. 18604

The circuit court issues its final decree finding that the claimants and the UA BOT were entitled to compensation as to the 2.25-acre tract, as follows:

• Lloyd Jones, 1/8 interest, $646.03
• Reba Jones Boyd, 1/8 interest, $646.03
• Lillie Mae Crawford, 1/8 interest, $646.02
• UA BOT, 1/8 interest, $646.02
• Charlie Eldridge, 1/4 interest, $1,292.05
• Neal Collier (or unknown heirs), 1/4 interest, $1,292.04