HEIRS FILE SUIT TO RECOVER LAND

HEIRS FILE SUIT TO RECOVER LAND 

Estate - Valned at $150,000 a Bone of Contention

A BIG LEGAL FIGHT IS ON 

Property Is Located Near the City Adjoining Soldiers' Home.

WAS ONCE OWNED BY WILLIAM TERRELL 

Possession of the Property Is Now Claimed by W. C. Gill and Mrs. Lucy Wilson. 

The largest ejectment suit ever placed or. record in Fulton county was filed late yesterday afternoon in the clerk's office. The suit involves property located adjoining the soldiers' home, which is valued at $150,000. The property is claimed by Hester Ford. Coleman Ford. Mary Jane Johnson, William Terrell and a number of others who allege that they are entitled to it as the heirs of William Terrell, who left a will. The property is claimed to be a remainder under this will and the fight that has just been inaugurated in the courts by the filing of the suit promises to become famous before the end is reached, as the vast amount of property will be bitterly contended for by those who now claim possession.

Many years ago Mr. William Terrell, a wealthy farmer of DeKalb County, secured the property which is now being contested for. In 1851 Mr. Terrell died. leaving a will, providing that a life estate in the property go to his heirs and that the remainder go to the very persons who are the plaintiffs in the ejectment suit which was filed yesterday. 

The suit is brought by Attorneys Peter F. Smith. E. M. and G. F. Mitchell. of Atlanta. and Oscar Reese and J. M. McBride, of Carrollton. It is alleged that the property.which is now held by W. C. Gill and Mrs. Lucy Wilson, is held. illegally and that the right of possession should be delivered to the plaintiffs in the present suit for ejectment. The suit is filed in the superior court and represents one of the largest claims that has ever been sued for in this county. 

The property is located in the eastern suburbs of the city. It is adjoining the soldiers' home property and is very valuable. When the soldiers home property was purchased it is said an effort was made by the present holders of the Terrell property to sell their land to the home committee, but this was declined and the title did not pass. The property is occupied. by various persons and is improved to a considerable extent, but the most of it is in woods and cultivation. It is just beyond the city limits, and although it was purchased by William Terrell at an insignificant amount, it has since multiplied in value and the entire- tract did not originally cost more than one acre of the property is now worth. 

The legal fight will be made upon the provisions of the will of William Terrell, and the plaintiffs declare that they are entitled to the remainder under the terms of the will and last testament of old man Terrell.

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Article clipped from The Atlanta Constitution Courtesy of Newspaper.com 

The Atlanta Constitution

Atlanta, Georgia

06 Jun 1897

Page 18