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HomeMy WebLinkAboutTimber Records 1914Timber Records 1914 SUMMONS FOR RELIEF.—Judge.— Printed and for sale by Brady, The Printer, Statesville, N. C. 3-15- 13-1M. AGAINST ee bar the Judge of at the Court House in Monday of epee carat ge IgI 3. and answer the AMM iaint, a copy of which will be deposited in the officefo the Clerk of the Superigs Court for said County, within the first three days of said Term, and let said Defendant take notice eis fail to answer to the said complaint within that time, the plaintiff will apply to the Court for the relief demanded in the complaint. Hereof fail not, and of this summons make due return. a Given under my hand and seal of said Court, this Clerk of Superi x 4 “ ~~ paaasg, Y yy i “paalaoay S35 w o a = ~ 3 ~ 2 Oo as © n = © Z a a | © m a fr ce fe “J “JO ymMod JoLadng aq} jo | oe ees st} ol s10joq peqtiosqns pue 0} aIOMSG ‘suorjnoexe wio1y dmexa Ay1adoid pue sarqtyiqery ‘syqap sty 2A0qge pue 13aA0 SIB[]Op paspuny OM} jo uns ay} 4II0M st aq Shs UIOMS BaI9q Sty} ‘s[vas pus Spuey Ino ssanzIM - "BOLQO® SIY} U1 meee JO 1aA0Da1 Ae WEpUarjed 31} SB ys0o -~» Bpuajeq ay) Aed {jogs : Bua Wy jr ‘raasmoq s“Jo uns Y a «te siq} ul JUepusjag 3243 0jan puNnog seAjasino a3pa[,Mouyoe aM, ‘NINONYO ‘Gaon OaL¥YLS <4 North Carolina In the Superior Court Iredell County October Term,1913. -v8s- CcCOMPLAISBT. I i i A. P. Sherrill { 4 I Je Le Sherrill The plaintiff eomplaining of the defendant, for cause of action,alleges and says; (Pirst) That on,or about,the__—s day of February,1911 plaintiff and defendant entered into 4 eontraet,whereby it was agreec that defendant was to have the standing timber on 18 acres of plain- tiff's land in Catawba County,3.C.,and in consideration therefor was to deliver to plaintiff a sufficient cuantity of framing, weatherboarding, flooring,ceiling and rough lumber to eonstruet a seven-room,story and a half,cottage style dwelling,a barn and granary,all suitable to the plaintiff's needs and conditions and to be erected on his farm in Catawba County. (Seoond) That soon after making the above contract, the defendant sold plaintiff a farm in Iredell County,N.C.,and as a part of the eonsideration,agreed to furnish and deliver the balance of the lumber due plaintiff,on the purehase of the timber above mentioned to plaintiff at Statesville,N.C.,it being understood and agreed th that plaintiff would make his residenee on said farm in Iredell and would use said lumber in eonstructing seid buildings on said farn. - (Third) That after making the above contract to deliver to plain- tiff the lumber sforeseid and before selling to plaintiff the farm in Iredell Oounty, defendant delivered to pleintiff,in Cataw- pa,1500 feet of lumber of the reasonable value of $13.50,whieh was used im artielly erecting a granary; that since the aale of the farm in Iredell Geunty the defendent has paid for the use of os intire the sum of $108.0@S¥8r which he is entitled to egpgit egeinst the emount of lumber due the pleintiff. That pleintiff = * ie ~s ¢ has demanded the balance of the lumber due him by the defendant and that the defendant has failed and refused to deliver same, an@ still fails and refuses to deliver the same or to comrensate plaintiff for its value. (Fourth ) Theat plaintiff has eomplied with his part of said contraet end defendant has long simee eut and removed said timber from the ‘plaintiff's traet of land in Catawba Dounty N.C.,-That the reason- able value of the lumber that defendant agreed to furnish plain- tiff,with whieh to build his seven room dwelling,a barm and granery,at the time defen@ant failed and refused to earry out his eontract and to furnish same was $350.00 (Fifth) That by reason of defendant's failure and refusal to earry eut his contrast and deliver to plaintiff the 1unbes/Rereinsbove alleged the plaintiff has been damaged in the sum of $350.00, which waeaeele subjeet to the eredits,above mentioned,due defen- dant, to-wit,$121.50,leavinge the defendent due the plaintiff the sum of $2£28.50,damages suffered as aforesaid. FOR A SECOND CAUSE oF action, phamhf{- alleges and says; (First ) That on the__ day of February,1911 and at all times herein- after mentioned plaintiff was owner of and in possession of a tract of land in the County of Catewba,State of North Carolina,adjoining the lands of ’ ’ ° and others,eontaining 18 seres more or less;and that at said time there was standing and growing on gaid lands a lot of valuable pine and oak timber trees. (Seeond) That en or about the day of May, 1911 defendant enter- ed upon said lands and eut and removed therefrom all of said valua- ble pime and oak timber tress,manufaetured same into lumber and sold same and applied the proceeds thereof to his own use. }e. . wy (Third) Thet seid timber tress,so eut,removed and converted by the defendant to his own use was reasonably worth the sum of $350.00 on the stump,and that defendant eut and removed said lumber of the reasonable value of $350.00 from seid lands,thus eonverting to his own use property of ares to the value of $350.00 (Pourth ) That plaintiff is due defendant for 1500 feet of lumber,of the reasonable value of $13.50 and the further sum of $108.00, money paid by ths defendant for the use and benefit of plaintiff. WHEREFORE, plaintiff deman4as judgment against the defendant in the sum of $228.50,balanee due plaintiff by defendat after allowing éefendant eredit for all sums due him by plaintiff; and for the eosts of this aetion to be taxed by the Clerk of this Court and for such other and further relief as may be just and proper. p orneys for piain North Carolina | Iredell County | A.P?.Sherrill,being duly sworn,deposes and says that he is the plaintiff in this aetion; that he has read the foregoing eomplaint and that the same is true of his own knowledge + exeept as to matters and things therein sé&teéd upon puter ee ce and belief and as to those he believes it to be true. A \ Subseribed and sworn to before ne this the day 1914. Olerk Superior Court. Civil Subpoena.—Printed and for sale by Brady, The Pxinter, Statesville, N. C. 2M—5—,04. STATE OF NORTH CAROLINA, we: efore said Court depending, and then ~*~ Defendent...... Wlitness......... . 4 / yo / hs : Is f ¢ oe tee aA Le Civil Subpoena.— Printed and for sale by Brady, The Printer, Statesville, N. C. 5-15-’07-2M. STATE OF NORTH CAROLINA, * To THE SHERIFF OF YOU ARE HEREBY COMMANDED TO SUMMON ....... &4* the “Ob i e in. on wee oy next, then and vies to testify and the truth to say in behalf of... Clerk Superior Court for. North Carolina, ) Superior Court. ) Iredell County.) May Tern, 1914. &. Pe Sherrill, ) ) -vs- ) Jesse Le Sherrill. Plaintiff by leave of Court filesthis his amende@ ~ complaint, and for cause of action alleges and says: -First- That on the day of February, 1911, plaintiff and defendant entered into a contract whereby it was agreed that the defendant was to have the standing timber on to several tracts of land of the plaintiff lying in the County of Catawba, North Carolina, one tract containing about 735 acres and the other tract about 18 acres; and in considera- tion therefor, the defendant was to pay the plaintiff the sum of eight hundred dollars in cash, and was to deliver to plaintiff a sufficient quantity of framing, weather-boa@ ding, flooring, ceiling and rough lumber to construct a:‘seven room, story and a half cuttage style dwelling, barn and granary, all suitable to the plaintiff's needs and conditions, and © be erected on his said farm in Catawba County. The reasom ble value of said lumber to be so delivered by defendant to plain- tiff being $550.00. ~Second= That after the execution of the contract above “ mentioned and while the defendsnt was cutting and removi ng the timber under said contract the plai. tiff purchaseda small tract of land adjoining the above mentioned lands, upon which was standing and growing certain valuable timber trees, Which the defendant cut and removed. The amount of timber so cut and removed from this tract of land by the msenae tlm daa seing nineteen thousand fed of the reasonable value of seventy-six dollars, which is now justly due and owing to the plaintiff by the defendant. -lnird= That in addition to the above indebtedness due mepagrtitt by the defendant for the timber aforesaid, the a a defendant became and is indebted to the plaintiff as follows, to-wit: Labor in hauling logs & ties to defendant's mill $47.00 ~ Cutting 45,000 feet of timber 22.50 / 114 gallons molasses sold and delivered to defendant @40¢ per gal. 45.60 59 gallons molasses sold and delivered defendant Q45¢ 26.55 2 sets of switch ties 88,00 — Total $199.65 Which together with the above amounts due plaintiff by t he defendant makes a total indebtedness of $1425.65 -Fourth- That soon after making the contract for the sale of the timber on the 73 acre tract and 18 acre tract the defendant sold the plaintiff a farm in Iredell County, Ne. C. and as a part of the consideration it was asreed between the plaintiff and defendant, that the lumber should be delivered to plaintiff in Statesville, N. C. instead of in Catawba Co. as at first agreed. -Fifth- That plaintiff has complied with his part of saia contract, and defendant has long since cut and removed said timber from the plaintiff's tracts of land in Catawba Co., N. C.; that the plaintiff has demanded the balance of lumber due him by the defendant, and that the defendant has failed and refused to deliver the same, and still fails and refuses = - re to deliver said lumber to the plaintiff, as he hed agreed and contracted to do, or to compensate the plaintiff for its value; that the reasonable value of said lumber is $350.00. -Sixth- That defendant has paid the plaintiff on account the, following items to-wit: pan RP. in cash on the timber contract aforesaid, oe $108.00 Which the defendant paid to F. He Conger for the use and benefit of the plaintif£. $ 13.50 For 1500 feet of lumber delivered plaintiff by de- fendant on contract aforesaid. $ 60.00 Supplies furnished plaintiff by defendant. Total amount so paid plaintiff by defendant being $981.50 < leaving the defendant due plaintiff $444.15 WHEREFORE, the plaintiff demands judgment against . the defendant for the sum of four hundred and forty-four and 15 /100( $444.15) Dollars, and for cost of this action to be taxed by the Clerk of this Court, and for such other ari further relief, as may be justyand proper. Lrg va all we, : ~ fe >) c_C-L. Attorneys for Flain : being duly sworn Geposes and says, that the foresoin™ complaint is true of his own knowledge, except as to those matters and things stated on information and belief, and as to those he believes it to be true, Sworn and subscribed to before me, this the day of May, 1914. ¢ - “2 Tne Pe EL Cr gin ho GG Sr wee lov 7 Iw re ay 4h Cee ee & Verth Carelina Superior Court Iredell Ceunty May Term,1914. Ae P. Sherrill j eve. { REPLY. J. L. Sherrill i | | Plaintiff replying te defendant's further gefen- se te plaintiff's seause of astion,alleges anf says > # =~ ( First.) ” fhat the facts eontained in the first paragraph ef defen- dant's further defense,as therein alleged,are untrue and are denied. (Seeend. ) faat the faets contained in the sesend paragraph ef de- fendant's farther defense,as therein alleged,are untrue and are denied, exeept plaintiff admits that the defendant eut and removed a let ef valuable timber and reeeived payment therefer. Plaintiff expressly denies the aileretioxs that plaintiff is indebted te meme defendant,and alleges the trath to be that,after giving the de- fendant eredit fer all switeh tires and Jumber ef every kind and deseriptieon,and fer the sum ef $108.00 paid by defendant fer the ase ef the plaintiff,the plaintiff is still indebted te the defendant in the sum of $228.50,as alleged in his eempleint. (Thivd. ) That the allegations ef the third paragraph ef defendant's further answer are untrue and are denied, the truth being as __; @lleged in the complaint and im the second paragraph of this reply: WHEREFORE, having fully yeplied; plaintiff demands dgdc- ~i ment that the dofontant take ‘nothing by Tedsen:0f bis. Janta eounter-elaim and that plaintiff reeever ef aefontant ‘the e of ~~? $228.60 and the conte ef this setion te be taxed by the Clerk of this Geurt . SO , —_ s erl $r0090 syolrs cé& ort nt adty ger? 9 ia wlerest ~yadtro “ Ni Vi2hi 9 dl ef ere > @ Xs ~~ f » . + : < * of oho @ 9 2usT a2 DESr SL Si2 [oc fend ova sbuloowietrse: so scoveoeaet Telinltsl thx ae to mua est tnaba deb te wreld oft vé Lexadt ec of moitosz e tr00 ELL. ? @ .} > ——a alift te etsoe ert bee a4 ESL “eayestosta shit North Carolina Buperior Court Iredell County. May Term 1918 A.P.Sherrill Ve. Jesge L.Sherrill . Plaintiff replying to the new matter set up in defendants amended answer as a counter Claim ,eays. Firet. That in anewer to the first paragraph of said anewer plaintiff reaffirme the firet paragraph of his amended complaint ,as if herein fully set out ,except that he admits that the contract was made in freby 1910 and not in 19ll. Second. He reaffirms the second pargraph of hie amended complaint in answer to the second paragraph of eaid anewer ,and denied the allegation of thé defendant in eaid paragrarh of said answer. Third. Third paragraph of eaid answer is untrue and denied. Fourth. Plaintiff re affirms the fourth paragraph of his amended complaint in answer to the fourth paragraph of the amended answer, Fifth. Plaintiff reaffirms the fifth paragrarh of his amended complaint in anewer to the fifth paragraph of the anewer. Sixth. Plaintiff reaffirms the fifth paragraph of his amended complaint in anewer to the fifth paragrarh of the aneawer ,and expressly denied that he is indeb- 14 to defendant in the eum of $273.79,or in an er sum ,the truth being that after giving defendant credit for all sum paid plaintiff ,the defendant is still justly due and owing thie plaintiff the eum of $444.15 as ie fully set out in the complaint. Wherefore having fully replied plaintiff demands judgment ; that defen ant take nothing on his cunter claim ,and that plaintiff recover of defendant the sum of $444.15 together with the costs of thie action to be taxed by the clerk of this court and such other and further relief as may be just and proper. North Carolina In the Superior Court Iredell County A.P. Sherrill,Plaintiff -VS- JeL. Sherrill Defendant, bay oH ~ey The defendant answering the pluintiff's complaint,says: --Firct-- That the allegations contained in the first paragreph of the Complaint are not true and are denied. --Second-- That it is true that the defendant sold to the nlaintiff a farm in Iredell County, but all other allegations contained in said second paragraph are not true and are denied. _--Third-- It is denied that the defendent contracted or agreed to deliver to the plaintiff any lumber at any price whetsoever, or for any purnose whatsoever, but it is admitted that the plaintiff is due the defeniant the sum of Cne Hundred and Sight Dollars , which amount arose in fevor of the defendent because of his having to pay to Fred H. Conger, as surety on plaintiff's note to said Conger, but the same was not 4 credit on any lumber transaction between the parties hereto, all other allegations in said paragraph are not true and are denied. --Fourth-- It is dented’ thet the: pleintiff eomplied with any contract age é made with this defendant, but defendant admits that he has had cut and removed the timber from the 18 ecre ‘tract of land, formerly ewned by the plaintiff in Catawba County ,N.C., and it is herein again denied that the defendant agreed to furnish plaintiff lumber of any kind or charscter, or for any purpose whatsoever. te 4 --Fifth-- It is again denied that the defendant entered into any contract with the plaintiff, with reference to any lumber whatsoever, and he has refused to carry out any contract ever made with the plajnotiff; he denies that he was ever indebted to the plaintiff in the sum of $350.00, or that he is now indebted to him in that sum less One Hundred Twenty One &: 60/ 0 Dellers, namely $228.50, but seys that er 8g ees <A neg pqaap ee WES gppremaaae~ the plaintiff WD indebted ce him in the sum of $108. 50 , as hereto- fore alleged, together with the sum of $13.£0,which sum the defendant paid for the sewing of a lot of lumber, which plaintiff hauled away from the mill, and the value of the lumber so sawed and the further sum of $162.29. | Answering the plaintiff's Second cause of action, the de- fendant, says: -~-First-- * That the allegetions contz.ined in the first paragraph of the plaintiff's second cause of cotton are not denied. --Second-- That the allegations contained im the second paragreph of the plaintiff's second cause of action are not denied. --Phird-- That the allegations contained in the third paragraph of the plaintiff's second cause of ection are not Sa and are denied. --Fourth-- That the allegations contained in the fourth paragraph of the plaintiff's second cause of action are true. And for a further defense to plaintiff's causes of action, ee ee eee ~~ a tee the defendant, says: . te! --First-- That the plaintiff desiring to purchase 77 acres of land 4m Catawba County,North Carolina, at a price of $800.00, which adjoins the eighteen acres of Iand heretofore alluded to ,applied to the defendant to fornish htm the money to make said purchase A a proposed to the jefendent that if he, defendent, would furnish him the money with which to puy the 77 acres of lend, that he , defendant, could heve the timber,not only on the 77 acre tract of land, but also thut uron the 16 acre tract, which he then own- ed, which proposition was accepted by the defendant. . -~=Second--— “Tset tn DE ee ee the part cf the plaintiff, the defendant peid to the rlaintiff $800.00 in cash, with which tae plaintiff purchesed the 77 acre tract cf land above de- sciibed, and took title thereto, and the defendant in good faith and according to the agreement between himself and the plaintiff, bed the timber cut upon the land above described, removed the same and received payment therefor. Defendunt expressly denies that he is indebted to the plaintiff in eny sum whatsoever, but alleges that the pleintiff is Justly indebted to him in the sum ¥ $121.50, as admitted by the plaintiff in the fourth paragraph of his second cause of action,and the further sum of 861.38 for * two sets of switch ties, furnished the plaintitf. by the defen ant; $35.00 for £,000 feet of framing; and 850/51 fer 6,187 feet af culls, and Poser for other lumber sold and utilized by the plaintiff belonging to the defendant. _-Third-~ That the plaintiff is justly indebted to the defendant in the sum of Two Hundred Seventy Three & 79/100 Dollars, with inferest thereon from the lst day of October,1913 until paid. WHEREFORE, the defendant demands judgment against the plain- _tift. in the sum of Two Hundred Seventy Three & 79/100 Dellars _ principal and iasteveed tueveon from the first day of Cétober, 1912, until paid, for the cost ef the action to be taxed by the Clerk of the Xeurt, and for such other and further relief, es may be just and rigkt. f ~ : Eel CLL punse OT he Detendan North Carolina Iredell County J.L. Sherrill, being duly sworn, says, that the foregoing Answer is true of his own knowledge, except as to those matters and things stated therein upon information and belief, and a8 to those he believes 1t-to be tral = Ms eth So eee Pe ey, FEE Sworn to and subscribed before me this the --- day of North Carolina In the Superior Court Iredell County May Term,1914. A.®. Sherrill ,Plaintiff a | --vs-- i AMENDZD ANSWER. J.L. Sherrill,Defendant. I ‘ a ¢ Plaintiff having cbtained leave from the Court to amend t a o, his Complaint, the defendant at@wers same alleges end sgydy ; --First-- § oo It is not true that %he plaimagtf and the Bens: en- F tered into a comtrs t on the®--- safe fProbruery,1911, but the © truth is tne tee sintiff and the defendant did 4 , 2 ajreonont a a @h day of Debmary,1910, in w al a ndadt purchased from the ‘plaintiff the : Brat paragraph f eintiff's fey of February, the defen@ant Adred Dollers in cash as the -~-Second-- ayment by the def :ndant to th y $800.00 ,in ileil, r the timber upon the two tracts of Yan @ above alluded to; the p intiff requestedythe defendant to leave upon @& part of the 18 eore truct Geptein tinvér, which ho ¢ilma net cut, and which he had ae right paca) et ecinn to the dotonaahit tpt he had obtainea three acres of land y@&the exchange, ang that in’lieu of the tt=ber uncut upon the 18 acre tract that defendunt would be allowed , and had the right to cut the timber upon the three acre tract, for which the plaintiff had traded, and the defendant al- leges that he did cut the timber upon said three acres, but he de- nies that he is indebted to the plaintiff in any sum whatsoever for the timber so cut. . --Third-- That the allegation: containod in the third paragraph of the Complaint are not true and are denied. The defendant having in his former answer given credit to the plaintiff for all matters and things obtained from the rlaintiff by the defendant. He denies that his indebtedness attempted to be set up in the third paragraph a al any vart thereof. a ; _-Fotipn-- That the allegaticns opetaip ed in the wr para 4. fenieg et: ifth-- ded that the plaintitt has Complaint are not tyue and over ne dp th this defes % - the abet chased from png singe fei d.t¢ ne same. — ; ped iv Yr any ee of any kind whst- Kai re i BB hit he never agreed to make very atic aypeeacily as ¢ that he ae due the plaintiff the wlaimed, or J mip $350.00. . as _ _-$1xth<e The correakees® of the payments as set forth ia tie wai otifif's sixth coragragl of phe Complaint were obtained fromthe statement “made out by ‘the dofendunt, but defendant alleges that these are not the entire amounts, as wil’ gypear wy reference to the second paragraph of the defendant's further ge zonee in his Answer oydginally filed 4n this cause, and the defendant expressly denies that he is in- debted to the plaintiff in anygpum whatsoever, but alleg-s that the plaintiff is justly 4ndebted to hin in the sum of Two Hundred Seventy Three & 79/100 Dollars with interest thereon from the first day of October ,1912 until paud, as aan sppear in the third parasraph of the defendant's second cause of action 4n his original answer, which sum of Two Hundred Seventy Three & 79/100 Dollars is hereby pleaded as Bounter claim, set off and recoupment ageinet/any claim or claims, which may exist between the plaintiff and the defendant. Wherefore he demans judgment in the said sum of Two Hundrea Seventy Three & 79/100 Dollere; for the cost of the action to be hf to by nage ark of the Court, and for such other and - : oat Win a: ik kf ~ Sere + *& relief as may be just and right. Attorneys for the Defendant. J.l. Sherrill, being duly sworn, says that he has read the foregoing Amended Answer; that the same is true of his own knowledge, except as to matters and things stated therein upon informaticn and belief, and gs to those mutters he believes it to be true. Sworn to and subsqaribed before \me this tho -- @ay of May,1914. ae Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. Cc. 5-15-'07-2M. STATE OF NORTH CAROLINA, EETING: the. Seen ce etee te Deccan snseesavsees Morrehry stter—tite Superior corr for... AG SEX! ROUT Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N.C. a ite 5-15-'07-2M. eat a F Afi. pobre an IG. next, then and there to testify and the truth to say in behalf of ina certain controy. befor said Court depending; and then and enere to be tried, Wherein... Dececcesecncceceene sscsess seagarsh AATEC AM Manes cn scare enn cosas cco ms tre tne oasr conn cane epee tvazan¥~etnns Se s0vssngenusenenians erase ger venenntcicstnmisscaoasseareonedetosedenctazeddamesepbati<teanrsthoazseacasesse= oats Plaintiff WITNESSES FOR PLAINTIFF. Page Miles Direct Cross Re-Direct. Re-Cross et Sam Turner a0 1 i Ceborn Sherrill 25 e Joe Shuforda 10 3 J. Pressly Watt 12 3 } 2 2 3 Clarence McLellend 14 3 | 4 4 - Hehry Stevenson 14 AP. Sherril] | . Plaintiff Rests. Witnesses for the Defendant. John Bynum 26 18 19 JA. Settlemyre 24 19 20 to @ E.J. Goodson 26 21 | G.I. Sherrill | 30 23 to 24 Jesse Sherrill 26 to 31 39 to 40 40 to ~ ;Pink Goodson : ‘Oto 41 ‘Prank Byers _ a. to42 Roy--Byers 26 43 to44 {2 UD James Brown 44 to45 Defendant Rests. Plaintiff Int:oduces the follow ing: A-P. Sherrill Recalled. 46 47 to 49 49 to5l 51 Mrs. A.P. Sherrill a 18 51 51 to 53 53 53 .J.. Sherrill 12 64 to 56 56 1 Eugene; Lambert 1 a. Be Wearick . 1 12 59 60 , 1 12: 60 12 58 to 59 J.L. Harris Plaintiff Rests. “Defendant offers the following in reply. Roy Byers recalled 61 61 61 J:B. Reece 1 61to 62 62 froy Sherrill Recalled - 63 A-P. Sherrill Recalled 68 to 64 ~ State of North Carolina Supezicr Vvourt Iredell County Before Referee “.D. Turner ,2SQ- July 7th,1914. c A.P. Sherrill,Plaintiff oer BVIDtuo?. J.<. Sherrill, Defendant. ‘Purusant to the order of reference in the above entitled eeuse, after notice to exch party thet the same world be heard on the 7th day of Yuly,1914, both the plaintiff and the defend:nt being rrecent in perscr, rerresented by their attorneys, I preceeded to hear the evidence at the Court House, tn Statesville,N.c., when and where the following evidence wes offered. A.2. Sherrii?1 , Plaintiff: Mr. Sam Turner, being first duly sworn, suys: By «r. Grier «. You mame is Samuel Turnsr? aA. Where do you live? Monks? In Catawba County ?A. Yes,Sir. Is that where “r. A.?. Sherrill, plaintiff in this cace, lived ? Did Mr. A.P. Sherrill ,praintiff in this cause live in thet community? Yes,Sir. How long ago? A. He lived there 20 or <5 years. Up to two or three yeargagovAé. Yes,Sir. he moved over tc Iredell. Do you know Mr. A.P. Sherrill?a. Yee,sir. How long have youknow wim? A. 20 or <& years. Do you now nig generel charecter? A. I think I do. - Whet is it? A. Good. Cross-"Sxamination._ By kr. veldwell. Has the reputation cf being ticky, nas he not lr. Turner? » I do not know that he has . Do you know thet he has not? Q. I ask you if he has not the general reputation of being tricky and unreliable? A. MNo,Sir, I do not thahk that is so. -cC= Q@.- How near to nim did you live? A. 3 or 4 miles, 4 or F miles. I liveu two cr three miles a while. Mr. Ceborn Sherrill, being duly evorn, says: Direct. By Wy.Long. @ Where do you live Mr. Sherrill? A. I live in Catawba. Q. Did you used to live in the community that Mr. A.P. Sherrjl lived? A. Yes,Sir. Q. How lcng has he been gone from there? A. Well he hae veen right close there until he came over here two or three years ago. 2- Do you eHnow Mr. A.P. Sherrill?A. Yes,Sir. Q. How dong have you know him? A. About as o14 es he is-- I have known him al] his life. Q. Do you Enow his genere] charecter?s. Yee, Sir. a. What is it? A. Good. . Q@. Are you akin to Mr. Sherrill? a. I clair kin, but ve are no blood kin. Crcoess-Examination, By wir. Caldwell. +4 Q- Has the reputation of being somewhat unreliable in his statements, has he not Mr. Sherrill? A. No,Sir, I heve never heard it. Bis HABE SEREREAZA& I heve heerd people talk a little sbout that. Q.- dave you not heard it gonere ly said in speaking ubovt Mr. Sherrill's veracity, that he is unrelieble?A. Uo,Sir. Q. I will ask you any steatwment coming fiom Mr. Sher.ill that if neople don't say that is one of Sherrill'’s lies? A. No,Sir. I do not know thet. Ob feetion. a+ Do you knew that you have not? A. JA will sey thet I have not. Joe Shuford, being duly sworn, says: Direct. By tr. Long. - You nemeis Joe Shtford? Yes, clr. Where do you live Mr. Shuford? A. @oneor Townehip, —~ Or fb e This County?a. Yes,Sir. é> é) Do you live close to tir, AJP. Sherr411?,a. Yesvoln. &) e &) e 2 6 & &) Q. aoe How Jong have you kncwn him? A. Scmething over tyvo years. Since he has been in this County? A. Yes,Sir. Do you knov. hie generel charector? a. Yee,Sir, I think I do. ae Whet is it?a. Good. Cross-Bxamination. By ure. valdwel]. You did not know his general character wnile he was in Catawba? Nowoin = Mr. J. Pressly Watt, being duly svorn, says: Direct. By Mr. Long. Where do you live Mr. Watt? A. I live at Loray, Ccncord Township. Mr. AP. Sherrill] live in that GomtTunity?Aa. Yes,Sir. How fer from you? A. 1-1,/4 miles Do you know “r. A.P. Sherrill ?4. Y>os,Sir. How lcng havc you known nim? A. Since he moved to Iredell, two or three years, possibly three years. Q. Q. Do you know his gencral character? A. Yes,Sir. What is it?a. Sood. Cres&-Exami netion. By Mr. Caldwell. You have only known him sime he has dDecn in Iredell ,Mr. Yatt? Yes,Sir. Clarence Mclelland; being duly sworn, sags: 10 Set. By wr. Long. Where do you live Mr. McLeilend? 4. I live ge mile above J.oray. Do you live near Mx A.P. Sherrill?A. Yes Sir, one and one-half miles, I suppoce. Q. « vy we Do you know Mr. A.P. Sherrili? A. Yes,Sir, I think so. How long have you known him? A. Since he moved over to iradell, 2-1/2 years ago. PY WBwe \ Qe Do you know his general charecter?A. I think so. What is it?A. Good. \ Stand aside. ' Mr. Henry Stevenson, being duly sworn, Says. Direct. By Mr. Long Where do you live,NMr. Stevenson? A. Toray. Do you live close to Mr. i.P. Sherrill ?A. Yee,sir. Do you know Mr. ..P. Sherrill? a. Yes,Sir, I heve known him since lived in Iredell, two and cne haif or three ycars. Do you know his generel eharecter?a. I think so. What is it?A. Good. Cross-Examinaticn. By Mr. Caldwell. Q@. How long heave you known Jesse L. Shorrill? A. 14 or if years, mey be a litile more. 2. Do you know hie genera] charectcr?a. Yes, Sir. 9. Whet is it?A. Good. Wr. A.P. Sherrill, teing duly sworn, says: Dir < et e By Mr e Gri er. Q.- You are the plaintiff in this action?A. Yes ,Str. Q.Do you know the defendant ,Jesse L. Sherril1?A . Yes,sir. Q. Are you releted te him?a. Yee,oir - Q. What is your relation?A. I am nis uncle. Q. Where did you Jive prior to moving tc lredeil? A. Monbo. Q. Catawba County?A. Yes,Sir. Q@. Did you ever neve any business dealings with Mr.Jesse Sherrill, the defendant, with reference tc the sale of some timber?A. Yes ,sir. Q. Now you may tell the Court in jour Own, way, Mr. Sherrill, what your cont:act with him was? with reference to the timber, About when it was A. About the 73 acres? @. The 73 and the 18 acre tract-- A. I bought this piece of timber lend over there for $800.00, he loaned me the money to buy it with; I also had a piece over thcre 18 acfes that I had bought and paid for myself before &&4&& 1 bought this. He wanted the timber off both tracts. He came over and looked at it, brought Alva Sherrill with him, and after we looked over the timber, we came buck out in the road, I asked him what he wanted to do abovt it, he said , Me and Alva wil] talk the matter over coming to Statesville and if they roushed un agreement he would write m@ ina few days. Q. Did you vric2 him the timber thenta. @nen on Thursday I taink it was I got = letter that said for me to open my heart and come cver, that he and Akva had resacheli an agreement. 2, ho was the letter fromA, Jeese. By Mr. Celdwel1? @. Have you got thet letter,Mr. Sherrill? A. No,Sir. | &. Well, what did you do? A. I cxme over here tc Statesville, and he said " Me end Alva agread if you would put in what timber you hed on that 1€ acre tract, that he could give me enough lumber beck then for to build a nouse, dern end grunary, that jt would be about right for te to take the Jand and him all the balance of tne timber? Q. Bor what?A. For the #5_0.50. Q. What else? A. Encught lumber to build the house, barn and ganary. I told hi I bovent this 18 acre of lana .cust for the purpose of getting luroer to az my building vith. He says that $s all right, I will wise yeu 2umber to do your buibding with . Q. Well did you make * he trade? A. Yes,Sir, we traded right there. Q@. He was to have the lumber e@f the 73 acre tract and the 18 acre tract, and was to ray you the $600.00 and sufficient lumber to build your house, barn ani gransry?A. Yes Sir. Q. What did he say the value of the lumber would be that would be necessary to make the buildings there on ycur riace? A. He did not say right then, never aid say until I demanded the lumber. He said it would cost him $350.°0 or $400.00 to » furnish me that lumber. Q. What kind of house were you to buida? A. 7 room, cottage house. | Q. Whet kind of a barn? A. Well ,now there was nothing é@aid about the barn or the granary. Q. About the size of it?A. No,Sir. @. Just would be sufficient for your own use?A. Yes,Sir, ] spose 50. Q. Mr. Sherrill dia toll you that the Jumber he was to let you have woudd amount te $36C.00 cr #450.999 A. When I demandei the lumber he t314 me that. Q. Wail you say you makde the ecnt-ect with him to cut the under?A. Yes,Sir. Q. Did he cut eny other land? A. I bought 3-3/4 we traded in february. Q. Was there any timber on that?A. Yes,Sir, just as good as any of the res t. ‘mber” Lid you afterwards buy any other x acres. I did tnat in June or July after Q. Was it adfjoinging the athor Jandog. Yeensoit. A. Did you ever sell him the other land?Aa. I @. What became of the Q. Whor?a. Q. On this A. It was 19.000 feet. a. Off the 3 acres?A. Jesse. 7m timber ? 4d. o acres?A. Yes ,Sir, Yee, Six. Gaiden tt. He hed it eut. Q. What was tts reasonable valuo ir. Sherril1?? A. It looked iike it cught to be worth 40 cents ;er hundred, 55 cents or 40 cents ner hundred. Q. Well concerning ycur -- did you ever jet him~ have @- Have you gct a memorunde A. I let him have 3 barrels A. Different prices. A. 114 gallons at 40 centa, Q. Where were they delivered?a, Right here iDitatesviiie. 'Q@. Can you give this Court, any other rroperty of any kind?Aé.Yes, of it?a. Yes,Sir, I think I have. of molasses. the number of gallons and the pri ces? Q. When were they delivered?A. 1911. Q.- Who delivercd them? of it. Q. Did you ever let him have any other besides the 114 Bellons? \ dealings with Mr. Sherrill, did you have Were they al! at the same rrive or at different rrices? A- Me and my son delivered two barrels timber \ Q. ~7- Yee,Sir, I sent in 5) gallons at 45 cents. Wno did y:u send these by, if you sent them? Roy Byers and Gray lamtert. Either one of those rerscons here that made that delivery? Roy Byers is here. Wus the price agreed upon? A. He neve: suid anything about it. Did you tej] him the price of it? A, . G2 25 oe Well what else did he get of yours? 2 sets cf switch ties. Whose were tnose switch ties’ After Lambert had cut all the timber? Who is Tambert? A. Eugene Lambert, Who was he cutting for?A. Jesse. After he cut alJ the timbert off the 18 acre tract and the 72 ac:e tract Jesse told me and my boy to gc around cver the place uni get all the switch ties and all the cross ties we could get, that we might have them, and Q. q. eut two sets cf No. 8 Siitech ties. Wne was tc saw then?aA. Bugene Lantert. You cut & sets of switch ties and cleaned up after he had everything cut cff? A. Yes,Sir. Q. What did you do with them?A. I hauled them to Troutman and loaded them cn a car, and phoned him? ae Phoned Yho?A. Jesse that I got a cer load and he gave me the address over the ph ne where to ship them ties to. Q. Q. Where was it?A. Charlotte. Do you remember what party you shirped them to? W.A. New. Whose name were they shipped in?A. W.a. New ,Hoskins ,Charictte, Whose name were they shirred in ? A. Tee ce ene: He hed made the trade with "sa. lew to take the ties. It was on his contract? A. To take the ties, Yes,Sir. You did that?A. I did. What was the value of the ties? A. He phoned me, gave me the address and he told me he wou’d ph ne me jn a few days, and =o would let me know vhet ne @ct for my ties. I said all right go aheed. Q. Did he phone you? A- Il think he says I got $6.00 for your ties. I told him all right to give me e.edit for it. Q. He did so? A. He said he iid. Q. What else did you do for him during the process of cutting the timber? A. I havled logs, and switch ties 157 hime Q. How much aid it amount to? A $47.00 Q. Do you know how many ties, and how much lumber you hauled all togetner? A. When he would come over Lambert would turn in my time to Jesse and Jesse would take it dewn on his memoranda, charge Lambert with it,and then pretended that he was giving me eredit for it. Q. anything else yeu 4:4 for him? A. Ne.sir. I don't believe there iS. Q. Did you ever eut any timbor fcr him’ A. Yes,oir, I eut $22.50 worth of timber, J 14 ke. » e Q. How many feet wee thet? a. 45,000 feet at BC cants. Q. Hew did you get the amcunt of that? A. Seme way. by Lambert sawing it, he knew vhat I cut. He kept it serarate from what hig men were cutt ng. Q. Now, what has Mr. Sherrill paid you cn this eontract, cn this hauling, ete., © the whcele thing? We naid me the 4890.00, he has paid me 1500 feet of framing. Q. Q. “nat War thet for?a. Grantry. Q@. Where vas that deliverei?A. Cver here at Iredell. Q . In Iredé@ll or Catawba? A. In Iredeile G. “hat did it amount to? A. I declare J do not remember. Q. You have get “t ect up nere at $13.50 A. $9.00 per thousand cld fieli framing as well as I remember. g. Did he ever anecrse A rares for you to Mr. Conger? A. Yes,Sir. Q. How much was that? A. $100, and vinet the {nterest amounted to, I think the whole thine was $105.00 or #108 .00. . . =e 9. Who pafd that Congor debt?a. Jesse did. 2. You have given him eredit here for tust?A. Yos, Sir. A id he ever furnish , . 6% supplies ,groceries? A-YeS ,Sir. y x Y ow ommeh wae thet? A. He never dia tel? me how mach it was. A. Me ard Jesse was Joosing cver there, I asked him what he was going to ace with that cull lumber, he says you may have 3 Me and my son went around thee ena piled this cull lumber up. 2. How muon of it wes there?A . Tell I heard - not over four or five londs. It was all lying sround ‘here -- lying all over the place? G. What was its condition A. Demaged, split up 4n: -jyvere? cyver with sand, scuttered al. over the ¢le72, it Ye: Aust in avery shure imaginedle. 2. So vou hed it laid out, one tre lumbor was piled up- eulls piled up together. A. Yes,Sir. Q. Whet was it worth? A. T E-% SEU! Q. I urderstycd you t9 Sey thet he geve it to you? A. He told me to pile it up ane sell it, and do what I pleased with it. Q@. I see he has gst you charged wit $61.38 for some switch ties? . Did he ever gel] you any switen ties?éA. No,sir. J a » Q. Did you ever get any eviteh ties from hiv 7? A. Only whet we gleaned off tre place. Q. He sold you no switch ties? 4A. l only got .he ones he told re 1] covld get off the place. A. Tt gee he hes got you charged here witt §,0CS feet of framing for $36.00? a. I cem:ct ‘mueine where that framing 4s, I have not nevled a bit of freming here, or built anything. Whst went in thet granary? He has got a eranery in under the {tems thich he admits? Q. Did you get any £,000 feet of freming from him?A. No,Sir. -10— ae I sco he has act yeu chergve for other lumber sold and ttilized by you? &. Did you get any other lumber? A. I do not recoliject that 1 got any more, unless he charged me something for a lit’le stable thet I built at Oliver(Bynums) place, that may be it. &- How much was that jumber werth? A. It was culls-- it wes not part of the culls that I had niled up and scold?A. No,Sir. It wes no nart of the culls tnat I riltei IND. Q. DIA you ever get snv coher lumder from him at all? A. No,Sir, I did not. Q. What would be the roasonable vaiue cof what you used in build- ing that stable? A. Yell I should say there was 300 or 350 feet of it at 59 cents per hundred; thut is the way he sold it. Q. Amounted to $1.50 or $2.007A. Yes,Sir. <- Well, now Tt see you have elleged, after you made this con- trect with him, yer beourht & rlace from him, and it was changed treet whare tric Jumber was to be delivered? a 3} <t os oO 0 oD rS @- What asout that, 20 ahead end tell now that was? A. ile wanted tc seli me a place over here in Iredell. Q Wei’ what about it? A. Jesse 71 think tried to sell both my claces in Catawbe Ccunty without my kncwledge? Odjecticn. ene . @. dust tell whether or not the place We es was ever changed?A. It was to hav been delivered in Catawba, but he told me never to builji in Catawba, to move my things over to Iredell and buiic up there. Q.- Did you buy @ Place from him cvor here in Iredell? a.Yes . \ q When you beught thut place from him, whare was it unidierstood Wwe ani agreed he was td deliver the Jumber? A. He was tc deliver my lumber in Stetesville. Q. You were to get your lumber here in Statesville? A. Yeos,Sir. @- Did you move over here?A. I did. fea w i} iad ca derand [cur Jurber7a. 1 dic. v Q. 2D Q. Did he let you have it?a. he,Sir. af Veen eae a a: ml ers A ow, after you mate this demanid fcr the lumber, he refused te COonger?A. Yee Sir. When I fjomandel ~y lumbor he said , I was to OQ give yeu lumber, you were to busld « houses in Catawba County. Q. That was after ;5u nad soved over here? A. You,Sir. He said I wes te give you lurber previded yoo tuiit eae house jin Catavta Cound. 2. I see he has allered, Mr. Suerr‘?ti, that ycu agreed tc sive him the timber on the three acrs tract in econsideretion of his. leaving some timber on the 3293 s*re trect. Ae wcthing was cut off Mr. Grivr, but thece suiteh ties. we You have not enswered my question, go. nay think you heve ,but yxcru neve nt ? Z| Q- Did you ever make any agreement tc give him any timber on the three acre tract in consideration ci leaving the timber on the 15 acre trect?A. Ilc,Sir. Q. You have teid T think that gcu nevtr agreed for him to cut any timber on “ce three acre trect at 4117? A. I never agreed for hi~ tt. out it. Crees -2ie2 atid, By Mr. Caldwa4l 1 Q. Who paid the nete fer berrewlag the money when you say you tought the 16 acre traect?A. Who peti the note? A. Yes,Sir, I paid it. Q.- Where did you get thet money? A. JI got it frem my mother. Q. Do you know this man sitting nere?® A. Yos,Sir. @. iI ask you if you did net berrow the meonay from him? A. It was my mother's money. Q. To puy for the 18 acre trect of lan? , you have never paid that (7 abs. | fof“ a note? Obgection.- Offered for the purpose of impeaching the witness. Q.- I ask you the questicn Mr. Sherrill, if you did not get the money that you ellege that you paid for the 18 acre tract of Jend from Mr. Sherrill here, and you never have peid it back? % ae Plaintiff cbfects. O Mig eb et! Oe Q. T got 52.00 from him. ae I did not ask you hew much you ect, T asked you if you had paid it?A. Nc,Sir, 2 save not vaid *..Not ull of it. a&- How lorg hes that been? A. I dc not remember. Q@.- Abcut how long? A. Abcut seven years I should think. @&- You did not heve any mceney tc buy this 73 acre trect did you? Y he 10 ,oir. Q. Jesse put up the money? A. He 3i4,Yes,Sir. - What size house wes that vou were to build?A. 7 room house. . What lumber you say he wes tc furnish you? &. He wes to furnish me the lumber to de the building with? A.- All of it?A. Yes,Sir. Q. Freming?A. Yes,Sir. @- Flooring ?A. Yes,Sir. Q- Ceiling?a. Yes,Sir. - Foofing lumber?A. No,Sir, notning euid about the roofing. - That is part cf the house, framing I mean? A. He was tc furnish ali the ivvber for the 7 rcom house? Q@. He was te furnizh you this , and what size ourn did you intena te build? A. “Well, I wanted abcut four statles. Q. Whet size? A. About 12 fcot sauare I suppcese. a» Bach cve of them?A. Yes, Sir. Q. Then he was tc furnish you the lumber tc build your grenary?- A. Yer. Sir. &. And furnish you $800.00 in cash, fcr cutting the lumber off the 75 acres of land, and you sweer that is what he agreed to do? A. And the 18 acres of land. | @. You swear that is what he agreed to do? A. Yes,Sir, I would be qualified on it. He told me thet out of his own routh. Q. Have you got e bill of the lumber that it would requre to put up your seven room cottage?A. No,Sir. @- I ask you Mr. Sherril], at the time that Jesse let you have that $800.00 , if you did not agree with him, that in attempting to pay back the $800.00 that you would not only try to pay that back, \ == but if you did not tell hiv, that if re did not get out on his transaction «t 4600.0° that you intended to eave him harmless, $f it took the amount cf S400.CCO extra te do it, Did you net? A. Yes,Sir, he was tc have $300 or $400.00 if he went in the hele. Yes,Sir, I tcld him I would give him $300.00 ,if he went inte a hole. Q. Now you econ explain if you want to? By Mr. Grier: @. There wus about 46,000 fest of tne timber cut betcre the saw mi13 got in, it wes dameging turning blue on hir, I was cultivatirm cotton and he come up there, he was all cut cf neart, and said I 4# I ae wen't you whack up with an we believe I am going ina heie, say me: thet wes in duce cr July after the ccntract was made in rebruery. 9 —_ . 7 : e—_— Plaintit f cbfects tc the above evidence. ppd mow we ’ 7 "G Q. You sey you delivered him three berrels of molasses?A.Y two of tnem you say, and a couole of &. You and your son delivered other fellows. deliveredj the £9 gexilon barrel ? A.Y2s,S5ir. 2. Did you ever see your accecunt with Jesse? A. Why I might heve. planced ¢ver it. QO. Den't yeu “eer wor e1li 2 -{s Steet ten in elencine cver 34, that he was shert two berresl] cf molasses on your credit? 12 am asking you did you ever tel? him about it? A. WNo,Sir, I don't beep hie bocks. @. You glanced at it, you saw tre ec: edit there? A. I never paid no ettenticn about the credit. @. Running an account of several hundred dollars ycu pay no attention to it, you just let him dec as he pleases?A. Ne, Sir. @.- You do not know that he has given you credit fcr the barrel of, moJasses on your account? A. I don't know. Q.- Bo you kncw that he has given you credit for f molases thet you spoke of a while agc-- tre differant items?A. No,Sir. Q. Did you 1.0k at the account io see that? A. He did not have it down there then. He sail] only delivered @ barre? of rolusees. 4. I ask you if you did no e him the amount of molasses, if you d?a not see him O41 account right there at the time with it? Ae JI do not know that I saw him eee it. Don't you new he gave yeu ereait fe eak about S48. and seme of! cents? He was to heave disna it. Don't your brow that he 4:4? Have you seen his aecsunt?a. Did he give you credit for 2 He was tc. jd 2 Dic you ever take two gellon - mOlasses there te nir delivered é nis order? A. Oo WOETO ata yo de: Gy PUTA. do not remember. Well did yeu aver get SFo.°° worth cf eush and rerchandaj se? ig he Sver credit you wi SOU .COD F h of cash and merchandise? I do not remember it. ¢ t Q Q D A Q Nee sherrit2 [ace Jesse paid your note to Fred Conger, if vou have not siate2 the wre ne amount that he did puid fer @. I ask youif he paid $100.90 as you tolé, have to pey $207.2F because he was surety cn your note? Q@. Tnis first roto he seid it befcrs. ~. I am asking you if he did net enircee the papor due Fred conger for you as surcty, and if he didi net heave it te pay $507.25 A. It was in two notos Mr. Caldwell. Q. Was it $207.25 taking both not-s?A. vYes,Sir. The first note veen paid, the cne IJ told yov about I vould not pay. He paid the first one?A. He dia. He paid the seccnd one?A. He did. Why did you not say $807.25 when asked abcut it? It was not standing against me,'the tirst note. Did you ever paid it back to him? This stuff should have Neid 4t. res de know after admitting that mr. eeeemenrnant ~ -~15- QQ. Heve you ever paid e single dollar back te him? A. No,Sir, I heve not. Q. I believe yeu said a while ago thet Mr. Sherrill owed jou for eutting timber and hauling logs?Aa. Yer, Sir. Q. and for some culis?a? Yes,Sir. I bstiave thet was the item there a few moments ago I was trying te get streight in my heed. Q. Trying to recul] what? A. About scme lumber that you either cherged Jesse with or gave hir eredit for it a while age? Q. What ves that ? A. 160° feet of framing for the grenary. Qs Iack you if you dic n.t go te the mii} and t211 theca rpecpble that Mr. Sherrill said cut that lumber, and when you went after it, they wold not let you have it, until he stcoad for ity’ A. He had them to "0 Q@. You went over udteor it? A. The Post master et Catav.ba told me when I come un ovor there, that “2 had heard from him, and give me that letter, and I tcok that letter or seck ijewn and read it to John Brown, and tcld me tc go end get ry lumber. @. That ic the very rot nt I sm asking you about, Didn't Jesse write John Brevn thet 22 722 2° 322 ¢ 27 4% be would, would see it pac? A. Yes,Sir, of covrse. Q. Did he pay that ? A. Y2s,Sir. That was pert cf the bill of lum- ber that I wes to get for my house, barr and grenary. @. How many feet would have oeen in thet ease seven room house, floor and ail? A. I think Mr. Lactey made «ut the dil] for it at 26,000 fcet, every- thing if I am not mistaken. That was about it. Q@. Nhen was that ,191C% A. Lo bill made Cut in 1910; Q@. When was that Jesse and you entered into the trade abcut this lumber?A. That was 1910. @. What was lumber worth thon?a. He sold some at $9.00 per thousand he told me that. G. How many feet did he figure on?A. 26,000 I think. How much would have been in the granary, Did you figure on it? A. 4000 or 5,000 feet. Q@. How much in your other building, the barn?.. 9,FOC feet. Q. Theat is the lumber ha was te furnish vou?dA. Yes,Sir. Re-Direct. By Mr. Grier. Q. You say the lumber that he told the saw miil man to let you have, he was to furnish you that lurber?A. Yes,Sir. Q. He actually carried that much of the contract out? He peti for thet much?A. Yes,Sir. @. By payine for the sawing of it?A. Yes, Sir. fa ©. Is that the contract Mr. Sherrill?7a. Yes,Sir. Q. He stozd for it end had it to pay? By Mr. Caldwell. Q. Sometime after yc. made- this contraet , after his fiving you the $600.00-- after selling him the timber for the $8C0.C0O, und the timber was turning blue and dame ging whet was it, he came to you in the cotton field? A. Yes .Sir. Q. aSked you tc heip him cut if he got in a hole? 4. YT told him if he went in a hole . I would give hir something like $300.00 Q@. That was aftor he haj gone in there and cut ae considerable arsunt of the timber?A. Yes,Sir. Q@. Did he sver 2o in a hele? A. hO.S kr. 2. What 414 he tell you? a. He showed me in his own figures thst he Fas not 27 any hele. Q@. Showed you that he hai nct gone in a holevaA. Yee ,Sir. Q. Mr. Caldwell asked vo: about ancther note to Ir. conger? A. I understood ycu to say there wer-> two Conger notes, one of them he sets up as £108.00, you have given him cre-it for that?A.Yes,Sir. Q. What other note was thero?A. I owed Nr. Conger $200.00 instead of $100.00 as I give you ther#, but Jesse had paid one before that. I told hiz to go ahead and pay thet, and he could have what stuff I hed, namely that was the molasses ond one stuff and another, he gave ne er:dit for molasses he saii he would-~ I supposed it would come out of the switch ties, returns, the hauling of logs, and hauling lumber. Q. He really ought to be credit with tne value of the other note, 4f the Court pleases. If it is right, Mr. Sherrill, wants to pay it, t and we do not want to take any unfeir advantage. eo Re-Cross-Examinetion. By Mr. Valdwell. oe The truth of it is you never menticned this lumber transaction |g Aatat they presented the store pecount,diid you? AY No,Sir, he a@id not present any store acaount. * @. You never made any demanis on hin until he commeneesd to precs you for this etcre account? A. I knew € owed Jesse ani I knew he cwad me, we never settled up. a. That is your ezplanation? A. We never had rade no settilerent. Re-Re-Direct. By llr. Grier. Ge About the demand for ths lumber, had you got ready to budld over here or not?a. I had got ready tc tuild-- Qe What had you done wher you got reeay to build, demanded your lumber Ae Yes,sir. Re -Re-C1ces By Xr. valdwell. Qe Thet was after he presented the store acvornt? A. He never has rreecnted it. Qe Now, I vill esk you $7 grou aia not aimit nezre et tne last term of Court, you won't deny that, about paying the Reece part, tf you £6 5 werd gbevt 2 note? A. lagked him if I did nt pay tats, “cculd he lose-- That was the Conger note. Q. Did it include the stire dealings tco?a. No Bir, it did not. @. Was Zeece endorser on yeur SCCG7A. LO,0 fe i. Il esked if I aid net ray this note vould he lose anything-- Q. Why hed you asked Mr. Reece about his part of it? A. About the note?@. Yes,Sir. Q. Have you got any evidence thut he wrote you letters at all-- @. Why did Reece write abdut th» note if he was not interested- A. I aeked him if I did nct ray the note would he lose anything. \ G. Ioesk you Gf you did not say, Iams \ I am not willing to pey Jesse? A. lio,Sir. qe Did you rot admit Vte lling to raz you Reece, but 4t on the witness stand here st the last tern of the Court? Aoi eadiaenct. Re-Re-Re-Diroct. By xr. Grier. Q. We are talking about this lumber buciness , he seid to gut, you \ A if Oe Y (es : ‘ ‘much more in cn the See sr. did go down and as! for your lumber?A, Yes, Sir. Q. Hed there beer any grocery deal at that time?A. Neo, alae staterent of your avcount?4. No,Sir. Q. Has he ever preserted eny He has never rrecentod any accourt. Q. Has he evor made out an eccourt, item by item and presented it to y you? aA. LO Sir. Q. Mr. Caldwell talked about whst you seid to Nr. *eece? Mr. Reece did not ewe you anything?a. No,sir. Did rot go your secur‘ty?a. No,Sir I went in there and asked Mr. Reece if I did not pay this Cunger note, would he lose anythirg , he gaid he or Jesse had to pay ‘t-- he said he would lcse his half, because Mr. Conger hed taken the th of thie nete up in gocds. That is what Mr. heece seid. 2. You hed no claim egainet Mr. heece?A. No,Sir . &. Did have against Jecca?A. Yes,Sir. @. You hed s cleim to but uratnet the Conger claim here?A. Yes, sir. Re-Fe-Re-Cross. By “ir. valdwell. Q. You say Congr hadi tradel it cut?a. That ts what Mr. Reece said? &. Did you sottle Reece's part?a. No,sir. Q@. So you 2/4 allow it al? t. fai. cn Jesse” A. He told me thet he vontd let that ruch rcore go in con the lumber?Q@. Whe 3!1°A. Jesse did . I said I nont pay the Conger debt unless you come up with the lumber, Da ber. Vv a 3 > he did. you Jesse told thetctA. Yes. o Q. T, Plaintiff Rests. Jonn Bynum, being introduced by the defendant, Direct. Q. Mr.Bynum where do you léve ? A.. Catawba. lived Sver there’? @. How Jong have ycu born and raised. @. Do you Fnow Mr. A.P. Sherr{11?a. Yes,Sir. A. About all his days. A qe How lIcng have you known hin? Q. Do you Fnow his general character? I think I do. \ Q@. What is it?Aa. Bad. A. Live right where he said I will put that says: B; Mr. Caldwell-- T was o< =19— CGioss-Exuminaticn. / Q. Do you knew Mr. Sam Turner?A. Yor,5ir. Do you know his goners- @haracter 7A. Yes,Sir. Q Q. hat is ited. Good. Q 4 . Do you know Mr.Cebsora Sherrill? 2. 2os.cin, think I do. nerel charezterv’a. Yes, Sir. Tt ce. Do you knew his ¢ G. What is it?A. It is very good. hbors ef yours over in Catewba County? oO @. They are nei om . A. Mr. Turner is not; Mr. Sherr: 1 46s. Jeie Settlomyze ,being duly sworn, Says: Direst. By Mr.Caldwell. Q. Where do you live,Mr. Gettien,re: 1 tive near Sherrill's Ford, County. oT CG oO 6 et et s ° 3 Le ~ @ n oO th pe ct bebe bh Q wi ct f te Cc 7 e. ° De you know Mr. &A.?. @. How long have your known “wim? I have rnewn him between ten and twelve years. 3. Do you kncov his zenerel charseter?s. Yes, cir. 2. What ts it? A. It 22 not gecd. Cross. Examinetion. By sr. Grier. 2. Well you know Mr. San. Toa Ae ceo t st Q Mee Turner of Menbe? A. Uo sur, T 40 net know him. @,. Do you know Mr. Cetorn Sherr. oe. Do you know hie poneral @reracter? Aa. Yes, Sir. Q. What is it?a. It Poco odee- 512 ocr heve heard. Q. He livers over there noer yrere Mr. AP. Sherrili lives, or where Wr. A.D. Sherrill lived whea in Catawba?a. Yoo Sir. Q. Bo hed Mr. Sam Turner, down at Monbo?a,. ie fir, I have never “ ct been to Monbo tut once or tice a my life. @. He lives at Monbo? 4. IJ have heard telk cf him, I never have met him. = Q. Have you got any felling towards Nr. Snerrill, any #11 feeling? A. Well, we have! sore trouble between use @. You swamp the River tries at the instanee of his nephew Jesse Sherrill to come over hers to 8a; his eharacter is nct good? Well,Sir, Q. You have been here twiceraA. Yes,Sir I have been here. Eee Ouraet. “etl Ueyecen ae Yourare fen iect: Jenne sao sett icuryre? any On sudey ves 72 "re if Gt cn Suda, 7 By Mr. Caldwell. asked youll 2c: Rave fo ny feeling teonards this mun. Weat is wrong tetwear yc: oberri1il? Sher with he £923 an acr= and a half of bottom Jena, which Re Rad ne rigrt 2£ni = Co a ae end others things ne has jone. and mé, cin. He scl. aSs a {Fat he und f cured, got the half mere to. emo (en ese ee eee ee yo G cent «ff trax . @. hut -s tie reason you new y.t e feeling tewsrde him. Aas @ a. Ther he got eae hee -f see the nalf of the nog. Re- Crise “By Mz. Grier. Q@. You say he sold an acre and 4 half cf lend and get $1£0.90? A. Yes,Sir, seld it. Q. Was that tefore you let the nog cut cn the shares?a. That was afterwards. Was it before or afterwards he pot thet corn planter? It was during that time. ' of it teleng te me. . Wee it before or afterwards he did that?aA. It was abcut, near abat the same time. -Q. You Jfust kep on trusting hone A. He would make a mighty swect mouth, pretty moth, and he Just licked me cut of evcrytning I had. Q@. You just kept on trusting him after he di¢ thet-- going on trust- =o ee y ‘ ing Bim, Hows thet? ° O) Werl thon =<) ft hiv Bevo 152 Sore elenve FA. io 7S 7. he 7vst tool that. @, I tWavert 4cu said he wee {2 Siv. you Beli of °t=- tag’ you were SOV ste i hel yore” A. He lett the county und t-ck the relent cr cver here. I neve. eaw the nels ° 9. What else aid he zat thet you sowed? @. Molesses Mill, He ecli that and ect a31 the pay. Q.- Dua't you Fncw the wan gave 4a act for ?t unt never raid it? Don’t vou mney thes Mr. ce 2s eryre" fo he, Sits a. I had beurht a molase +s beriel ond « quart reusure , and he got then? Q. Pretty neer reine? your rolases mill businese, got a barrel, quart meuszre and the rill? A. Yes. OacO cuz RO 1 ERY Vomert et oe aS A. You would have tes if you sere treated Jile that, end of course, I think encugh ¢f a thine is encnek. Mee Oe (Sen. Ge.) 1ul erern. ses. Drees By Me, vuldweil. Ke Where dO vou LivevtA. Catetrven vourt. 7 Qe How tone Have You Gived =e teeyve? A, 1 think I have fived ever there <9 years tnis feil. Qe DO you know Mr. 2. Sherri il? a. Yes, Sir. e. DO you Fncew his Benerui crarecter? £. Yes, Sir. ge. What is 4t? A. It is bad as f&: as truth end nonesty is cencerned. Crosc-£xaxi Q. How fer de you Jive trem the wits A.1 jive about a rite or a iittis fo gc around the read. Sherrill 1: littia further to go eround the read, live on. Q@. How far did you say? A. About one and se half miles part o of the time-- he was at the Cotton r neticn. By Mr. Grier. ess Settleryre? yr ‘t © a dittie further aN ve abcn+ g mele, it would be a oO noe I ns the place ££ the time end two miles rart $12 pert cf the time. ae Q. Do you know sir. Sam Turmr?A. Yeu, Sir. Q° He is ea man pretty conservative In nis opinions ¢ Q. What is his charecter?a. Just as g¢ocd as Catanba County has. o: o yen know Mr. Cubcrn Sncrril]? a. Yes,Sir, he lives nretty Q. What is his general eharacter?éA. It is good. 6. Hov far do you tive frer him? A. Rient betweixt two ani three miles something lire that. ©. Have you got any fceling azainst Mr. Sherrill? 7 A. He has treuted me wrong in some .trirese ce (%y 2. Now accoré@ing to your jJudgrent what did ne do to you? A. He has teken scme things-- he hes bem coved them, ana never Oo returned them, and I asked his te do that. Q. Whet did he fail to brirg back cf yours? A. A twill seck, he borrese: that and nrevir brought it back. 2, What else did he borrcv? I do not Fnow vhether he b-rrowed anything else, but “we board with A. me over there while he havled crocs tier. I -owed him ~"~.50, and e came off over nere and tulad +t *c ts going to suo me fer thet fey money. Q. You did nct like thet? A. I did nct think he had eny right te unless he 2cutd settle with me- $f I owed hig, I would pay him. be J Q. What did you pay for the Molasses mill? A. I was to pay $3&.00. Q@. I ask you whe af2 yeu pay the $38 .CC ? A. 1 paid Mr. Bynum $26.00 and Pallum S10 .co. @. Now, I ask you if the facts ar. not that you paid Mr. Bynum $25.00 an@ when Mr. Pellpm poera/chere you owed hin #7.5C , and tcok the $10.00 out for the Boaré and some other things that he had gotten. A. Wo,Sir. Q@. You @id not pay him money fer that’Aa. Paid the $7.50 that he was due ¢. The settlement according t® your eortenticnse, he board with you tact spring? A. Thie spring a year ABS. It J recollect right the settlement was back behind that. Q. He cleims that you owe hir $7.25, and you claim thet he owes you? A. I tried to get him tc settle with me right there. ae oN ; H 4 oe. 2 i> ~Lig= @ . That ig vhat your diepute is abcut?A. Yes ,Sir. @. You feel that he has treatcd you wreng?A. He has treated others wrong tco , my heighbors wrong. @. So that is your contenticn, you clair he cves you, and you testify that his charneter is dad? A. Yos,Sir, and there are cthers that will come and testify to the same thing. Q@. Mr. Settlemyre?A. Yes,Sir, and others. Q@. If Mr. Settlemyre's tongue ‘s turn lose over there he would blight the character of any body wovld he net? A. I esnrot tell you atout that. I cannot tellyou what Kr. Bettlemyre would do. G.I. Sherriil teing duly sworn, says: By Mr. veldwell ° J Mr. Sherrill you know ths d-fendant eni the plaintiff and ure releted tet Qa e beth of them are you not?aA. You,sir. What relaticn are you to Mr. a.P. Sherrili?A. Brother. & e What reletion are you tc the defeniant?A. He is my nephew. & Q. Mr. Sherrill have you ever heard Mr. A.P. Sherrill make a stetemcnt sbout his contract , and what it was with Mr. Jesse Sherrili, if so, dust state what he said to you at the first, seccnd and third times, cr the times he did tatk te you if he aid? A. Yes,Sir. Q@. Go ahead and exythinge , any statement he ade tc you about this contrect? A. After the lere trede was made, ry trother came dcwn te my heme, he was telling me what a deal he was raking with Jesse; he said he bought 73 acres cf land fror the widow Cornelius, and Jesse furnished the money to vay for the Jand, ard Jesse wes tc have the timber. Jesse hed just maie him a rresent of the lund he tcld we , all the Jand cost him was $4.50, and that was tc ray hic vey to Charlctte andi back and tc get the paners fixed up. a Q. Did he make any other statement to ycu about it, if so, what did he say? A. Well later on he did. That was early in the epring. Then in July he was down at my home agsuin, he said to me Jesse was to furnish him lumber tc build a house, barn and grenary, and that he was to gut and haul logs, and haul timber tc pey fcr the saw bill. y -24- ' J askei nim Peltar shan. ‘e Jesse's rrcefit in this, he sat4 J le ee ’ t : ee tires os the 25 g¢=. S724 of Jane 7 Ce ei or Oc Ce lave. then he teil «2 egi.in sheut oe, 1 dc eee Cer ite Guin that Jesse promiged to furndok Her Gr Oooo Se eb s 2 ee sree ef cnarg? end pay the S@W-bil] -4 222. That xex sometime aftor ke had told your the cther sta: nS? A. Yee, Sir sometime after, we Use 294 tire hs 47 yOu 20tuy it, he 427A ret wertion any lumber +3 5 ee 3 “net he was tc furnish, Well, 4!4 he cr rite fae Hons a @ 3°60 Got went = 2c Tine + fee Fey ¢ : ; : fae Cen wy tie Gite. Lime, never sas2 e@ an ~ 3 + + = aes = 4 mae i Tyas ne ‘ He fad three ctnverssatics: with vou stout this Meter? a. Yeo .sar. on Ss “ ag wie ne -- = = mS». YOu have detciled herve the first time he 414 net tell cn about ~ tans oa Y — - Meow! wae Me an nrest3- s ~ z Acre + oe cen ned: . eOnVe ~Seei on | ee eel abe te aaso' sc getting the yea0et cf lan: sy len | - a QD as a) et hh ct ie ) o . Co sj o ct tod Co c+ 2S 5» e q e © }-! ju 3 > ry oO Oy 9 et c+ ay v e+ S25 3e 7s srent what you swore? 7 Wes thet shat you syore thet ‘'> +-t!ra bh: gume 2ewn te see yCU-= | That he get the tzi.ct of ifn" and t727+ Jesse ned furssehea ee ale ue lane t, and it did not cost him but #2.50° 2. You, Sir. he ada. But . a Pe aes + fey : + leteyx Se ; A Jemire Sy is lS nn ae oo ioe ne toid erat D4 Pee ee Ties Ge ba 1o Beers tm ye ‘ Nat he “id crn did not. Not about >. 422p>>, Q. Now, Mr. Sherril?, I ask you ff ron 3f4 not svesr about Siew tircet : 2 oo on 5 ae A ~ A a ae iv cenversation, yin admitte’a thet he 9/4, then i ast you about the geoond b conversation in July. if ,ou did ast tell the Corrt that you asked weere Jesse's profit nas coming in, ard tf he aia s:t See oy 2 yei! I Jet him have the timber cn the 18 sere tract thet I ect from ur. Caldwell, or words to thet offeet? aA. That ‘s true . : Q@. I ask you if in the third conversation. ‘f he aid not tel? you that thet Jecse was to furnish the lusher tor hie nouse, barn ani grongery? A. He said thet in the thira ecnvoreation be hed with me thet Jeese oS a > BS Ss = > Nate C9 yy as 3 et ey D w iy os od hy ct a i mo 2 {FJ c st Q bbe 5 ™ Mo % > + 2 Ss; ie q CQ at a) Le | @ ® “A He fe a C itret time vou underetcod him, thet he eme tr Been hevl‘ ne eutetr~ Pasco ee Se i--Jd A an fam y 5 ar f ~ or ¢ ~ = ‘ £ , t Ym 2 ae ‘ve ) nw Xe nau ha — vv ups ae . c im ee say, ie eu e cs is fe e a ha = Q ea) a CQ (2 ni = , . ee ae: Co ’ if : = - + - 9-- 2 S ean A o- : ; . + a1, = bd -~ ea 4 Roa | ee i PS Pan (ty Cle ec Sas he vy a ee Tease 2 b rele ee Cae a %y) aga) a 2 anarotdare tty so £ ++ Y Rey eee ~ ~ = +3 Hiroe tres as Sn ee oka Ge ee Bers oe. eae cee tae a = ee . as o « ~ ew caw & 2 = «> | a ft = Wl teEe Ae Go. St a. nN _ ' wR : ae SUS ce + ek ey “ < mint Rueiicme st sleundore tooo oe eect er cet ee ay ; : =) ree ine foe == ESN. +: = + TS \ + q oe tel Ou Wesco vec Uo tUr? sce yog {res coe 38 barr, POuse Hea ve fa) : cfr “= WL4 thee Ff Ta SS - ~ + - carr 5 Pree t, Gea pa Y the 26 S222, tet 2 Jense. prey tor tne saw G2..l, 25 3 nes cae +} + 2 ux - OF + gs ze tye ar ell as a rart ef the eonsiferaticanf th: timber cff of the 72 sore Vrac e x a a ~~ +- heat a wore trae.” : { - we £4 : tr 43 . a - + dnp 2. 1 ached him, wher: Jesse's progzit usl. tn the seocaa conversaricn, * os ee ys 4a SS +4. “ Rees eo 2730 then he eive For the vik S92 26 877s ete ce. at oon ee — Ks rier Ree , 4 1. - Cee oe es os +e es = € Ee eee “=: Q. 4 ao Covi ne . eae 4OcU 4 ae ee, eee Rel Bee To ot i, = aU sat a + tet: thet Mr. Sherrill tela you *tit Jd.i.: was te furnich him Pobee for his turn, house and eranery, e232 thet J cee wae te pug the sav bali, that in consideration that Jssve got th: *ticber off beth tres’.? Bae ees not ee eet 44s Geoond Gonyverec tice he teld me abact the tishor on th<© 16 ae-= f=2et, ene pare cf it om tee tave - > 7 al Vise rye - + - ™ +hee = + try ee De ee a net teli cu in tee tact) 722: “=e var *2 “ave thet fe2 tne sy + + Pe Bere SIrechs ~ Tues 8 ‘ we aie : ag & +: ee a) met t= ae ene es : Sine ". He seid vesse was ti pey tie sew S-is, % Phout e@cet to hime no isle aia mate “tit h +O Yee Qi cn T s 73 ot ae <a th + hos ede y OU BIGet wk BtucAelvCe zeae Kae eae Ses DG. . = is => D Hy cat) Qy Q 8 @ a © @ © oO Fe te is %y o G et +39 S$. You seem to be very solicit: cus Sir, it was nothing but wnat I thought due him. a, > . —4 “4 G an 2. It seems from your testimony, and from your attitude that ycu ere ver; anxious to kno. «where Jesse 's woing %5 come cut? A. Iwas lcoking at it in ad not see wnere,. or how = cc Sy hte Cs © 258 { » ‘ fu ua, fe Le | © Hh > be ct ¢ $3 ct eb c+ aoe © Jesee would be getting any thing. S. What did you care, did you sbgect to your crothor getting a Boos , . ¥ bargain? A. I was giad. Q, What were you wanting ts Know where Jesse was coming in? A. I dust merely asked him. Q. You 2:4 r:+ ask your brether if he head made a gocd traie? A. I suv readily that he had meds & god one. Q. You saw that aiready, witheat yrowing what toe profit was, you “new your brether had made a good trade?A. Cf ecurgse, he hal mace & gocd trade. Re-ois Boe ea tis Qe Were Goa waten he tue tise ?n. Ne sil. Ge He [ust a 05 that Stetee e* A. Tf JQG° BSk3d wim, it socked to ie Ore ect oe. os : feos Wee oes ce err edt et eon so ete, 2. Tere you interested inc saeer on cour brother at thet timce Coe one Me, hang eee ere eae ag tht ne P a Sees Se Evec lend him eny money?A Tei. Jesse 1. Sherrill], tei -2 3.72 moms Lf ees BY 33. "CHUNG roan. Re ect, Mie Siereili) You ,Ust See. tf 420 Yering 2 = aaa teli ald ateut this ecntract ani wero 8aet 62 es eo Aad F42th Les A ae, Sherr) 132 Ae Vell 3a Bebeuiry 13l 2 Sele =. =t as. why he came evor and C22 Fe Sbeis a tise oe $e Pe es Ge tor eure eS there [cining hin, av? vet. +. “vy {1, una he did net have the meonay toy et eth. Nees ee ere ee a tee hiz-- helping himes: he got me iatorest.2 i+ it, eo later en I veat ovo Pee ee Poo ee ete 2 S Sykes, und tolkoed to Biz about UR ol COUN ee oe ee oe en POT e cs haw tretydes te OT ee ee Ne ee there- wouat Io wouild 36 5Gbcut Gt, 36 rae re Se, ee 2 Sees $e) are 1G bores toe GUC et, the Pes £24 2 ees Motte- = se Wert Wave 25 the treie Wiae tay Bnd Po" =o = see 7 > ee, eee ee DT pul es Sean ever there and went to work-- at the ti~e the deal ias cede vith him, he shoved me the Tivber cn the 3 2 Set OO er te ey ren CinGer on it, it Bad been Gut over 2° <y 12 seers betcre, Sra alsa the beet timber cut cif *t, ss J put a men cover there anil went to sawing it, then after he bought this place cver hare, ne then vanted me te furnish hin some Jumber to burili hir a heise. Q@. Just before you come te that Bir. Sherrill, as t: what was.the contract What were you to get for the money yru peid? Q. I wae to heve the timher on the 72 sare treet ani the timber cn the 16 acre tract, and then I was to have $3£&0.09 cr $400.00 if I did not com OCULNOl Nit. ee A /. thought in order to help hin I 924 tex: I told hia I had no experience in the tirter business, a echare an 2t. e a Wein +} ; = : a ee wine Sax 5 + - -—*% +2 eens - 2 . 3 me ae 4 we Mi Cano nfs 2 Sed WEL Ee 2G ae ee Sota & moe ©2356 228: Ce Co Rt ane de: ee 41 aes < Bs £ x st 4 a ar , Wane ~ 7 ~ -- eoce + + Ww s wet Pee eT en the OC Ger Cier ~ou were te hayes = timber on the 72 seres 2s Gri Lumber No, Sir. He Was *ertecting ty. mots on Eis mother's Siics =- 890 £200 css Bia Cullacne 22 {30 Pies, Ae 12 ni ides cf Se ee ere ded ecg Oy eee Cgc et ee ee un. Comoe Ver unee Ieteds oo tte Ue A SiO el ce ta, 5 Oe Vere YOu eve? fs fara: si 627 to ic. se care 2o2se 21a Sranes, in Catawba County or any cther County? A. Sever heard cf ‘t, until I comreneci sendine hin stutemente of what he Wee due mer QS. How long wus that aftervards? 4A. Tvo years afterwerdis. Ge Mrs Sherrillyon sav it Wes Tie 22730 3nt teat f2 gou aid fat mas enough to ecme out on the timber on the O.tawba plzc- +, Be was to make it Ur bo She Seten4 of 2400.0 074. Yoo 3kz €: You heard what he said atout conui cattiag the timber on the 3.2,'4 Eeres Of dand, which was cue ter that, stete the roneon way yor tut that 4% gow 224 cut 2t2 Ae He Wented Go sell S45 0° eet 2eeot ©5 fy. Ceer ie Levtsr-- 7) fester s A a oe ae mR 7 ~ 3 5 FAN : ~ monted te buy it-- he seid thet Ma. Leiter apreel to puy him for tie 28 ecres. < . : oe 4s oe oe ey {ae Q@. Were Fou present wien t42 sortrect seo vec s7As By os. “2S Sre Ae hese Sheryvil2] tsidq 73, My. Sherril. were 197d your? A. That 1S wher he 2 a soe % oe Ge Well state ~olel ves. jas they wanted hi- tc iesve some trees up there for a . building site, wanted to reserves the TOUld let me have the timber cn ths tree cores. a. bid he trade the 16 acres?s. Yos, 527, \ Q. Did you leave the timb<r he ast2i you in lieu of the timber you were to eat on the 2-3/4 actes?A. Yes,cle,I aii. , @. So after sll this esme up, I went ta hir and toli he he was just trying to take the advantage cf me. I shoei him my statement at that tim 4D - the a mount end price, whieh I scld every bit of the timber for, just show ed hir exactly whet I ect for it. \ re, Gp, svUeut Suc tremsceti cn 21 fn] S2 28s, tk eS Set fhinge frem yo, 6% the stcrav7s. He did. e Is thet She stet@ment of the Seco et?l. Theat is Yee. Sir. A. Those items ere cherse there to nie?A, Yes. Siz, Q. Have you given hin creiit fer the thines yeu ect from him? nl every thine that he breneht to me, :all he paid everg- oan. Q. When were those entrics made Mr. Sherrill]? 4 Q . Now you kave eredited hie wit: e barrel st molasses? A. Yes Q- Did yeu ever get ary other melags-s frem him?A. No,Sir, I ata na QQ. You did get a omsll emount?a. Veo,Sir, I got e small amount <- You vere to get some mere? running an acecunt there o et ct = © o (3 ry 18} GC. 4 ‘| b’ cy (3 ids) A. I was tc & with Mr. Smith, ke said he would have te let him have a barrel, i oy he hed been getting molasecsa frem tr severs? voers. 1 “aia nct eet what he rromised me. Q. What is the next iter 7 © ersdit him? A. In May,1911 I sresttei “i with 422.26 for work that he dia for Mrs Larmrert . 2. HOw Gomme you te know tre ar cunt cf that? A. That was the smonunt of the -rder that Mr. Lambert gave, to me @ Mr. Lambert had cherge :f tne Saw mill], was the took-kecper, ur time keeper, as tc what work wee dorne? A. Mr. Lambert was tc out the tiv-ber for $5.00 and put it on sticks, so whetever labor he hircd was therged up to Mr. Lambert; I had nothing to do with paying anything, I charged sare up to him. Tren at another time I peii him $18.50, thut is for umount of work he nad done. Q « Then October létk-- two sets of ties? A. &&.68 4 @. iow, explain about that trade Mr. Sherriil, alse as to making ae the charge fcr that ir our Answer? A. I just charged him for his saw bili ? NN Se oy KM. ; tr . oe ee oe = ‘ me Whet the tivber was u.orth, v.bick sccunted me SE0.°° scrething, if os a , -~ ba on: ai : the difference betwetn 856.690 acre corts, is the amount that Mr. Skherrii? ect fer the hauling cof the ties te the Ratlrced?A.Yes, Sir. gH Cente Whes tra 2 ye - ° } - / Eg + * . 7 hese timber were they out jour -f Mr. Sherrill? A. My timber. §S £6 “sy - Who paid fcr t ee 7% at Ae ce fo eed r) +t - fhenyoo geve him eres)" Vette: clare: qe five, for thet, for the f117 amcunt of the ties bought?- Ne lecy ait i. 0S there anything Turther?a4. "hore are two el fens of melaeecs? You paid £0 cents cask ani merchandise per gullon? A.Yes,Sir. Q. Then cn July £2, by aprilos $1.12° A. Yee,Sir. for aprieas he brought there cne day ay. Q. Did seg -ive hir ere iit thers Mr. Shevrii2, tor any? peid you whether cash, merenand?’es ir whet not? A. Yee,Sir, 1 aivays tries *¢ “ure a point to put every thine down at im Qu Noel es ieee tothe a ee ert ee cra Ato @. (ese Cther th fee gis fos me 2, Seer aed tee 2 eer os w207.20, A. Yes, Sir. Q. Muking e tetal cf $368.19°4. Yi,Sir. Q. Have you given uit s7*4*t “or the i7e7e he is entitled? A.Yes, Sir. Bectunt, 811°, ¢.4 he hiv ered. t fcr be Si n ct Lie a I \da ’ ms ct p f Q@. How much all he *s entitled t:? A. He ‘© entitled te $199.56, leaving a oxlance éve of $1°°.63. €. Is that acecrnt 4ust, due ani unpe74a?7A. Yes,Sir. @. Is there anything else thet he cwes you for, that we have got set up there in cur answer in recard t: tre lunter matter? Cull og f2r all_that, he cwes for * He vent to the mi]] and had oO aa ie a 4 es 1500 some f2et cf lumber he $t sawed, I krew nothing at tre start off ubout it. He called me up, said he was cver there with an empty wagon and the fellows would not let him have it, urless ne pail the saw bill. He asked me would I not stand for it-- I thought ac 1e was there with an empty wagon, and was coming back over here, it would be too bad to ccme empty -- I said I would write Mr. Tom Harwell , the Post master, he said he would yould be up there, he said for me to notify him, give him somthing % ? é =O = to snew Mr. Brown, so he eculd tring the Lumber back over here, 7 did so and Mr. Brown conld nevercollact it cut cf hiv so IT nad it to par f-r that saw bil]. The autte tret T -ede the eke ree for, I sold the culls for 85.0C, enough to pay the ssw bil}, that is 411 I asked. I sold some myself-- tn=::> was some ove: 6,000 feet. - he sold them to one mag. I hired a mar te go ani reyssure the culls? Q. What did he say they were?4. That is the amount ne reported to me. Objection. Doyen ne bay @. I think I neve the measurement order he sfgznea? . Ob tector. ; . @. About the framing the 5,CUO feet ? c A. When he sold the jand, Fs sold the land for *790.50 to a man over there, and in orier to “ake the deal he gave hiv tha §,°90 feet of framing-- I just charged hir the sev Lila-- did not charge him any~ tring for the lumber cr anysViae, cust if crier to tet him mare cha trade I gave him the timber, and fust he resi him for the saw raid. 4i We Gourht trys tana" Ac eat. ey 7 re ce el O© mos T 8 Yl ewe. o , hs Som eae . - ee ae K-F me abe eh Ps B®. bid you pet unythiag? Dia yo: ge. ury pare af tne title te tke atouw buying -the land. E tneught ©: 23220 wee = ke. Gy cust stata Who eo et ee f-r the Tand?AA. I did, he tock the deed to himself. @, So vhen the lardwas s.13, dii you get inv part of the purchase Cp ject a. - ’ A. fo .car, net S Gonts Q@. So what you got was the tirter off the trict, and the tirber cff the 13 acre truct? A. Yes,Sir, t’at was al! I got. Fay + ~s is . 3! A eg a ©. You aid net ask fo re -¢ lant cr any rart of it?A. liv Sir. Q Did he ever pay- or offer tc pay 400.00 in case it wes necrssary to keop you from losing anything? a. A. No,Sir, he did not pay it. Q. Then after the transacticr «vor thore Mad you evor promice or agre 2 to furnish or deliver him ery timber at Statesville, or in Tredeil County A. Wo,Sir, J have nut. a : Pea aCe es ee + rc i. + a4: =~ a Ven 3 Pw oO. WAC henry ane ets Cas Be the: 2 See ot Ore ait ‘ iokt ek Kesey el he . Ane a oe 40 tha ve alin. Tvedet 2 cae the ee To re ae tne rleee of deity = , Sere . . ’ . Ce A, le , 1 4 camp 4 +t fort bs 7 E < Q. Was there uny egreomert of that kins (utront the deli--ry of the ~ : ree es +. W SAS = oo 4 $ . lumber in Catawba County but +): at epee Ge gett 2t Gee hoses Se - < : A. hO,Sir, nc agres:ont. ~ = ae bs tee mee Se! ee ~ Z ee M2 «5 there fr yckine Glee Mrs Sherri J) {het ver thir’ of | 72 ac. Stats 327A. ho soit aN. : , Or cee viiins oe, Qe bee Sherrill] you srecer (=a 25 escent wiict = vice ees phe hy ease a oe Aa Ny. Keece tre statements. QO. We. Reece 25 Not ~n th: Witness Sterg, Mr. Ere Presented that acvount te Mr. 2,0. S22: 3217 Obl ceticr. ee . @. 2 dc not vneow thet I ever 43%? any presonting- the stere, he knsw that he crol it. QO. l rereat ths Guestics, Gon 22] rrenw tre. |. HeCC Ne he de, es Q@. You ere of the 477°" 38 €tand +. wie Gaus ve Hard’ae is Q@. You testified in the &) e) Lou did net rresent thet Sooo int roer cn the A. I hai it Cy cu J our examinaticn, Snry besa were on the stand & gna be tore you if you had Baid a word--~-- abiut having thi Vitn me. A. Mr. Caldwell hud not ectiten through you ever asked me a questicn in the case. Q. Did you read a single item from tnrat account? Ae I was not call upon to do eo ,cir. Why could'you not ? mS. 4 A. Because they had nct gotten through «ith me At any event, this accennt vas not rroduced o Keepe tle bockS, Bo sent iss State 22 makes out - he head been there in a 232 eet present that = tricd befcre Judge © account? 21 ao not think Mm that trial 7A, \ 7 <4 (G) My. Sherrill], you haa been examined, and after the ercss~examination,. J] ask oor. x eden Q.Now, Mr. Sherrill, you hai never preesnted this aceccunt tc Tet realtews he is wen nS > - Unele, I believe he is yrur Urnele?A. Y u,Sire G. At ali,has vcu? A. It hed been We eo oe Reece, andi wantel to pay nie, and act pay meas He hed the aceount be- Q. You have ncot give hom sre. Ae =< have never socom thom yot. ‘4 Q. He has got you charge. fore eens. Q@. And the $15.5. Mr. Shorriti, what stout that. do- “ou NOW want that is for? A. Tht fs “het Mr. Lenbert told me to pay for gork I suppose h2 A eee pa Pads .On December 8@, Cush and merehaniise $60.90? A. I ac not recall: whet ‘t te, it encws on the gash book Cash and Merchandise. - Q. What articin of merehandise was ‘t?a. tT iy net remember vr.at it is 92 Have no reeord Ee Cee Co! Ge heve rot. Q. Wheat dia ycu ereait him up witha BE pallors- .f molass?s,at what ~ ' price rer wajion? A. It is run out there, 1 to not reeollect now vnat OQ.) Paso vec. 28y 2 te ray per ge727n? A. Scere we paid 4° eints, some 4& nt Ad fe) oO Cw Br # that kind, 4. Funs from 2° to 5° cents?A. Yes, Sir. sometimes © 25 eents and sometimes 50 cents. Q. The 5& gall«ns oF moiseses at +. cents per gallo: , would make it $22.00 instead of 21.00% A.Yos, Sie Q Ycu do not recall that you were tc poy him 49 cents or 45 cents me per gallon?A. Wo, Sir, I do not. 2 ' 30s Oe eShor cs Oe oe es ee a ae, Aw 16,5125 Oe DO We NC 2 eo CO ey ee 2 eee ot OQ. De ver rere or Ur, Sherr ls S24. Sse teseres tron Bat eee ee ee he Se a eu Wie Wet Ct I ee er ere Wn te the “suse. Seeing Nees S.2rr 12, 225 eecins Younes Troy Slr rs ee ee 2 re ee ee Se ee ee Ve pet a oe ee ee $73) 2 toe, toes stent a aheyee | eaved ve en = Yat 7 eno 4 sss Faves, Bal va7y seid Merten nad recetvna 950. Oo. 2 2 Pel a ro ke Ae? . Seerrs ii. T Geta roserca. *2e> 822 eS Tl ee ites Sr re, Seo et acd in ae? ; Pie te ee es ee eet + € = | he Views 5 2 56G i V. pot es bane” &) e rs () ie a te peas ¢ 1 > - oo 3 pd 4 ete S (> 5 be 2 — .) Oo © bohe Ss ay t \ <> D 0 = 5) site =] fa a, 2 => > :€ - . « A - wore ee 7 2s rc usm SO 3) +e hy Chce Bere. 5 ar 20a : en Pe lic, oir, 2 2:4 2 = iV 29 aoe a nn +.- i¢ age VT ay ae : ceo * \ 5 toe a- *s - +1. $09 4 i lee PSP to Peat 7t E Ve ne ve say 5) a ~ Gee -2+h " ae Gi G) ore Nee : DoS et ee Sarre ee or ct Sy: Wy) = % ) ae 2 +h ) 3 fy Wes $ ‘A + a ay > af 2 n cot © + 12 ~ oO > 0 e Ww =! Cc = ‘3 oo t~ 2 oy: eaten et 5 ss +t. + 4 h - +i + were os op Q f., r?7 h Zon $£ 700 World 151 me cot we Peebles. ae 7040 APNG Te Ss es oo Lae 3 Gy oO st @ <“ 4 De ‘9 Ky “ . 3D n> ° ‘- C {2 b te bH feos e 9. Tf he ata net toll oii then te veo shead end aut it?A. No,Sir. QO. You aceny thet7Ay ec lo.r. De you knev Mr. Hedrick?aA. I ic. &> QoL acy you sitar Nr. shenzil) bevent toe 1 222 ci oa, ar Moved ovo? howe, etaaped «ts rleoe of residene from Catawbe to Tredell. he déa thet lid he .:t?Aa.Yes,Sir. ®. leek if Mr. HWeariok, your osthor Mr. Sherrill, and @ brother a Qe - {n-lew, Mr. Gurleni Mande (in your presence, hear Mr. Nedrick said com:thing ebout the lumber te construet his buildings, and iS 4f Mr. Sherrill] did not stete that you were under contract with ae '~ Z4fferant pecple. J dis oa qe A. Mre Holtsclaw tola 7° Q. IT an asking you what 7ou “now row? As 2 40 “Ot Phew eny tris GO. Nr. Lerbert “ever “spor 2 an rhor-- Bis tmat they =©¢2 37 { A. He sold severe] hundre: ¢- sey af Menbc to keys to buiid boats. 6. Wie tetd You ape’ Gt oe ee ee dia net report it? ALNO ,S2n, 22 2. Well you gust set uz yitkect kniwing whether he got $.&.09 d0llare worth of dumber Ae S06 ye ieuY ee c= that wes going there, that Qe Dogower Veer ieee rad Wet] Gi, UO erie fes,o2m 6 Geb dy 3 crc 1 eharge him for tho tes. halen 2 eave <i er Cu Vouverecis fim. bese. 9) Tey eer ie. then cu turn right around and charge As 1 2:4 cum them NY. noe 5 2re “nee ties-- if you did not rean to let him have oe ae you crei‘t him hauling ties? ef wolecses-- That you “nner e¢rey meke an extre counter claim, went in ther: and broeng " rat #40.0C worth of ties md two barreis classes thet wag nevor menticned before until] the day the case vas Q.. That was «hen Mr. She e did not file any coe . Q. That is in the amenici Answer? A. Is thut the answer or Comphaint? Answer. @. That is your original 7 ic not know vhether it js the original not. a £ ~¢ ‘1 yet 2 we syne enn, GC. ler Bbcut the sult sue sess. 1 usr Fou if yor 2-2 net tes Jin Hoste thoee culls, 41 be weule Sato, Foor up 22 ceuta have chen? As Yeo, Sir, 1 t220 Wim ne eouli naw 9 er cs 26 =o7l1s ne, the saw bail Q. ti you Reve NOt get Min Suarpei wits e065.) for thae cu! ise “Ae L165, Sir. Me 100 Say you Hid 90t @ive 2. tee e272 iviee eres 2 her eek. Va lsie, Dias. me) OU a7 saa ecla ther 8 sr. rosy Glee Bet teld )3r fe 4oq d heve Vrem 37 2€ would pay me the ger bill wt ef <t, @e Who was that? 4A. Mr. Sherriii. Ge f MiSuUrderstoca Foe, ne £924 tier =e enatrsr cen. i cee Yau sot hin ' = Gharecd with the culls? 2. (22, Sir. Ge WOw mer Gil you @uere@e Sin for ther?.. 1 just @harecd him for the far D515 Did net Gheree Gi easy thirs t{-r tes lumber. Q@. Culls are not lumber are they, Mr. Sherrill? A. I always censidered tres <9, ae why did you not sell ther to te Zeeber deter? AL. Tt wentd ot now me mere tran the saw bill if T head breveht ther te the statton-- they WGP ore yt eC Sy ee es ee.) thet for br dec etutt. O.G fet tne san sei). S- You got him cherged here fer--rHow many thousand feet were they? we You got hir erarget un vith £2°7 foot. A. I paid a men tc measure then ws» You do not knew wrether ho ect them or not? A. Ho,Sir. a» You got him chergod with $3&.°C fer 6,99° feet cf framing? We Yes, Sir, se pet frat. 7 . Q. What dtd he tell you? Ae He come to me with a tale -~ when he. sold the land he ecld the land ens tne £,900 feet for £700.00? Q@. That was your lumber? A. Yee,Sir. By ir. Caldwell. Q.- Why was he selling sour lumber? a. Be@uuce the man thet bought the land wanted to build, and he pave it to \ said he did nt think it vould se throveh if I would not let \ put it in, said thet it looked like it was eoin Did you measure it?A. Wo,Sir, 1 tte You do not know if there was framing? A. I got Lambert and hic werd. what other I do not. have got other lumber charged 2o) him, HG, olr, Yow you tc we ard him have it te g@ tc break= tne trade, lumber did | oe Mos ore ret tee ee bert. Ce ee ere ee te es tela hi- there ers 2662 Gocy] Breese. tC! As l 4a?' 9 200 fey for sevine =f" om. GO. 2+ €M Ssping ataut the gests ties, Ce Oe eee beta) ee ar ee ee oe ae ee oy ea: et ce Ol rere oor a Po Noe rt yeu ote re nek ce ee Het Tun Chee et Ge: Ae DT pave (2c. 5 ry fiero 2 Fey SP. ee Se ener Gt 2G 4 eG er S| Oe Ost thee rare cairo e eet er Qeore S2Crr abs ae ye Ke Cuno ye a. tf tre three tracts?A. No,Sir. “» You cut cver tnree tracts? A. 2 SCl] traet Chere. 20 735d 2s terce- we YOU ect how mue n? A. OO ¢- a His bil? was 30,000 or 4du,°¢ something tnousand feet. @. His b'1] 300,900 A. A. I mey heave nossibtly bean how <q. Was Whetever he Mr, Brci rs feet much jt not 122,000 ere uw —“~e we would Via eee Wie awd Tunbe the nat ern) + rat won f some feet to Brown fee about th ’ eres rt’s Wes eulis ind L and ce a) eS) i v7 ¢ thirk you »re within the ec ay (a + - “ 7 4 vy d veuadds - 4 © Miw se a a : ere ie ae, ao) - . +1. 5472 8 % eet thetes, et pearly ee ey. a¢ a 8 ey, earlier ae s VG Sse. er gU “nN NnNom COU) Fe wths vel attie Lembert knews Suit nf . es r+ Yarwell t, Une Gur: ays + wv & ps . fi : 3 1 TE broarent Was new mu 12°46 va 7 WC uli 3 feet yarn She er? es rap Ay Ww ue and Ve a Ss at ~ ete down ot ers aarp, ew foet? three a7 EN on yw J Wr 4 & - raid him for. te 200,900 3 Oo N 5 909 feet? arcund at oe hou 9 Ceo: o> Se (98) by wo > ee ~ ins CS is O +: - cr Ly! co . hs ow Bs 260, 4 ”~ C2 7 eae Mi a ee et ee ec Bee err 2 ee le eee eer und Me Csey ) sela Som re 6% tee. Vom k bees a a what he wanted ta do his tui’ ting. : Gof ie Hog’ or 3° Sc4 Sec 74a Ye hea Ser: ole t et otsff te set the fruming, and if Me. G2verili 213 no. reply, on | t- fyeetch that freming?aA. Ne,fir, he diior-t. : . . ae = aay 3 +, ae ES cs re QO. And efter this eccoversaticr ttat Tor: A002 1 Ge ~lu2e, “qe bhea td | qi 4e't say thet he vastei pou itd Hor cmc oe Seon ote Ge PR er Aero O52 6 ee Oo) oo Can, Taal eae = = ole ¢ Wo ek ee es 3 rw tie I oc. Se ans at Gs: AG Ce io T Ce . 7 me = ots % oF yes * wa e ~ ® Meh J EO Sees : 9 you 20d ft fol ir. Bherrill here in tas preosenen of nia gen, ei F Cat te arte Cte es eee ae ee ewe ting end Groce ties? 4. [5 Bo ae 2 Ge, tee Suv Bile 1 vcwls. Ge Gee yo 15 (he 4k So ee ee ee ee eee A. 1 Gerveiniy ©5554 Pet pag Grow por telasind, pey =ret Cut fcr moOcri ne. @, You dehy rc bad & Goctrasy Po “areis 22% ony DUTDeY 2. 2217s.) Ss te Reo ee ee oe i eee Bee forest, out ey <3 te toa 222 Gross (275 thet fo AS eee Pe aa ever oe Hee ee 2OUE = 2 a6 @. You 072° that Ooo n er i 2 A. There was nothing seiloul at te: cer till. Bot tele foe ee foes ehe-« Gullo ne Ores = tise . Ge Did be 60 Ghen7k. Ue fic. A. Tre set of switeh fics wae way before that? Q. Tam not ask ne you z soit. Q° Bask you 3f you did ret teil hie ta-- oo tn there under your authority > ° Q c © Bs +> m 19) D or ca (@) mh (a) = + 4 (Ar (3 et dae v {Q = = ~ ° t «2 28 o4 tte “+ © o" <+ ct Ty fas) re +h ©) ty ee - bas a e é£ e — e i) ~~ <4 QQ) Cc 4. tb = ty e in + oO ty oy tre =) =) 2 ny $20 = ny e eS a @ + as > “ +> de 3 x ty ry ct ¢ s 3 ¢> 2 : oy e ene - + 4. © gets of switch ties? A. Io ode ref Faow wpether née aia er nt. I paid Mr. Lembert $£.09 per taoncand, a Serine UC eso Nn iope se rere 2. Now the srended Botwesn scu ara Ny the tye barrels eel z ee the iSeie = Gh the ECreCF A, Yes, one 2. Whet kind of trees?a. Miz snid there was some rine. Qe Do Feu rns tet ~so lef. cote tirth=> trere at wacyy e ; oe Cr | © ere a lce ol. viere not careful? A. 1 was Q. How much @414a you e a Btn es ere eS A Geo not rnow sir-- it eut in ea lump, altogether. t 4 Q- Don't you knew thet there A. I do not . Sit. Wes q We xs 2H wy? 7 im . Was wee) 3 3 De eS eee Pr ee ee a eee eee eke tt vas better tiebkers? +1 +. 25 ° el mo ene are reat yes tar ae > : Soa ke Fé = Q av as Cre Sk roel c ees i 2 oor ve Seneca The ak) iow had ern ent sys hy + hime es Vues - , : Despecut oyna it Stats tr eer eit fee eti a. an yt r wean oY oe ip Me - Use t i : wis: thr Peete, sara 3 roe tink AS dv nc See Ce ie 7 ad Cie Oe re Cs Giles <a s Onn wee Ges i VaN GN ea, 5S he ioe is Ay & 7 r topo fOr Co UNO tN 3 ee CC nh ee ce Gln SS : . pa : » How much would vou say that ¢.2,4 acres weull cut? O - 2. never 7 x A ®. You Sunset give us ep f1-a aboot i¢°h. Ne Sir, 1 cunney . Q@. You did net sven go t> 8c? Spout 262 nell oltre Lola Ow, By the Court: ©. Was ani Ge Bers in 2} Tomentieh. that if y.u 20 2at0 2 hole thet Mr. Sherrill wes to help you fo the extend of 8400.00 A. T neyor het beer tr the Yurber has ' resco, rad no experience -- I did not know mach about ft, he scoti if 7 dita not get ample enough ~ tc pay me for putting ur the 600.22 and tintercet on my money te handie it, then he would pay me $450.00, he wouid eertainly see wu that I aid not lose anything-- T soyer did eal] or him -- JI nover Nn aid call cn him for the $6°%.cc. GQ. Did you ever deliver any Jamster t: him?a. Nso,Sir, I did not. Q. What was tirbeor worth nt thet time standing?a. Cld fiela worth about 10 cents per hundred. Q. What is aak worth? A. Cak ts verth $2.50 per thousand. to $2.00. Q. All oak? A. Only about 70,000 feet; balance was \ nine, old fiell and fcsrest pine. Q@. How much was forest pine? A. There was about 1£0, cr 160,900 f eet 2? Q. What was the value of that standing? A. It was worth B; bi wt oe Gri CH i e@ 1) ) C ry CF rt e n C7) ot ' t te ae a) $a ° £5 e 3 2 yc ct | Saar ts we c qn ry je pe S 4 b> ° < : TQ ba a e a a p<) ct Q ey Laeee Ae Nop osee lof et. Oe So that pers att eae S. You got seme timter fron Mire teeter, G22 402 nee? Gxt aver whe lire or something? A . Terre wur & foy trees there, about Tero foet, TI 3c net know how meny feet. ; : tee e 4 3 & . Werte ean: { e a 0. I wil? ask you if yo a4anct vuve to pay “im 90 eonts mr hurira 2 : : 2 4 $ - . . : +. <A A. I paid Bir, Toaaon ey ee EE is) tela re Ge wae - 4 > ~ a a ta sc : sellicg te Mr. Tester fir toe. ber Busan d. Q. 1 ask you tf -ou Git nit have ft. far “iy 60 cents per hundred = 2 3 a al ae 5 . * gig not ask him hew ruck o he just Seid it was vt i pra: By..0 er @e.0°, and that ‘s what T B A. Trenever I commenced after “iz Sor this #100 snd cid isitars, “ . Niece +- + thet he was ius us by This store gucount. He roerives: statoment cf ft-~ he did not want to pay *yat« Pink Goodson, beine duiy swirn, sas: Da. By Mr .Woatherman 9. Did you work over ther? at the suv, nil} when they were cutting tiff. cr cave a conversetion with 2 co e " ot > 3 5 . + oe 3 Q. Did you Bver the plaintiff, Mr. Af. Sherrill, us to the trunsaction between yi, and desce Sherrill?A. Ne Sire cf Q. Did you ever ree? him state there how his trade was? A. No,Sir, I neve: dad. 34 ¢ eon ’ +,.9 2 ae z¢ eee One day we vere el 7c Gbour at== iese 4 as poGd @esat-- 1 wish 1] Sguld mere <c3 Tite thut. He said he had $600.00 or $752.00 or 2600.00, “hile other paopie were sleepin ®. Did he tel? you how ho Bade (t7A.5. Ue,sir Nes te te ee Q@. He had reference te the trede with Mr. Sherrill. .whet were ye of tering about? re ce es 4-4 x; piso SS om 3) rs + a y 4 a 2 “4 ? a Soe 3 Qo < . A. Q. Avett te Grune: cts Sperry tae so ce e a ie ° a, Weat else dij he state ,if auything in your presence Euout A. Yell ,that is eo vt 41] that I remember. Q@. I do net Encow whet oy you Neerlt any tring ebvut the transuct. pencerning tne @-<¢) 2 B2)92 2z5he 72, oaA the timber and trocs ocular et tc tinea OA ey ste ae that. Creer -Biar taticf. Cee ®. “hen Was thet Myre “C2eee stn. 7 Gus icen't ropamber when 3 TU vas (uel weve tea, ats Dees | Le Plc. Qe You (ed i= eee oe ee Asad, “oe Guid fee. = as gq * 5) y S = v o oy Cy C ¢ 2 Y ey y tfe “Q a ©) « ) ) € at at} oe ) S) e io 2 s ow 4 other oeepla were Siécp nee ; 4 ey wey Ve yn nse h + 3 is QQ. io PU yom 2S all yee a ao Ge ne MOR, Daren Pleo. By Mr. Weather s-! Q. Now, Mr. Byors, geu were partners vith Mr, berber. att! .. e thts timber wae cut into luc-ber?A. Yos,5ir. ae se4 ht» veo ONG wees : TA. y Cia see Soe te trede betweon A.7%. Saerrili sce 2:05 Yawn = we ae 2 \ at ees sa9 JL. Sherrill?a. Ne, Sir, c.ly what | hears ir. Shevri-: cay. a wu TaN . 2 e time off nad for the land $626.99; then 7? ucderst so) from riz te was tc have tha , wt aad land when he get the tivher iff cf ‘Tf, hit be wis ty give hin 3 tirbor off the 18 acre tract thet belcneed ft him in ry I thought that wes @ rient good deal. He says if Jes:e dees 4 1 get oat, Iam net go ine to Jet him . pde 4 a] Q. He stateli t. yo. thet was the ecotract between n the lividvally. ot Sore tren +5 eS Veen 7 ae A. Ne,olre He a Pe cis aie A.He mever yo Cee 9 Sherrill's lurt ? ye hor ovor there. s thet all te le ce ~ 6 eS) ne z ee ve mes see sphaeet 24 v Qa, _ @ ~~ 4- © ~ wa 7 ‘ ae 2 we Ree é . ne a wets e Dae tse 3 oo ae ae ae as ssa? - Vo oes ee 5 le . a . ike te Velie Ro eae. e e " aoe we . aaa MS Bs q Seles Cet eat By C ea, ‘ ve "oe ee cic a0 4 iC ive 2 : is fo ° Cpr ea UN ee De Oe ee ee Se re OG See Des VC ee eo ee ee ee ec Q THD are hy ee ae ee Ke ao Tere ho 9 oe we mF gt i 7 te -e . ~ oe 1 728 Gu ee ae ce a cn woe cs oes na: Ores Ss i o* ss e e OR eee ee ee ae se a te S ly i ‘ es ern ew Sy i. pee ee : us 4 © a. = $e sor oe Mee risa VT 20VeE . ee tava AS 6 %.0 ok pe AS ? he oe e ue aie ( eye ea yk ? es os + f ae a Sie ney Ee, “© Sw TSO Ge Tu at “ ‘ : . Pb re Se ees 4 Rene eae 1 2 Vs -« 4 + +> os ct “+ § [s c+ ‘h be) 3 Di e [ae oe e QQ 5e uy) :+ ne ¢ e us 5) ~ i @ Cae + et 3 ry ‘ec es} bg yy ae . : Ne x . : a . pe Woes see eee 4 ~~ Fy i iad Q. For whicnm? A. Ror tre 24> 1 wes “ooY Ine =-7 ' \ +2, Yr. Vambort?s. 2s, S2r. veo EG G Oe ne OG mE oe So ny cei Gin Fow ruck can? te ee (er. ae r m3 Gf Mew tember ta. -~-Eaamination. hae leaves gome pine timber-A.bel f 7 H Se Re 4 xy Oe) Ca . ee co Yorn jee cae a a ae Avcut SIVarlon wen 2ose Q. How rany sey you Q. You did not eut thom A Soy occ crs! and Nr. have Q. NEGR Bue rclacses?ae Vou are the cu Cinoee o: By Mr. valdwoll. the etump? In 1910? ye : =o @. "co fove1 ter 72. Sherr’ os Pia ee eet ee ee. Ae eee ee Piece Oinmi ce Weta toe Corto ror [2 oared. Peete eee oe SeOe Did ers Pol ers read “pave TR feet @f 2emter ent there Bt the o, Did ne get it eeay?A. Y-.,S°7- 9. Tox eure him te tere (ft aval. Wie = pee dee . A. We afd not knew where tho pay was fom re fo fae bee C) Otieetion. — freerte Q. Yell, whe Aa pap piu for saving {t?A. Jesze. Q. Mr. Jesse ned Stoca or fe nee ee eS ae Ore eee fb pen? clog Gs aye We is SiG caus Yoo i uae Q@. Dil you “avs Have @ cere rvetion ele iy. feiiter Sioerr2 7 uhcut tyis contrcvors, betyvera Boy a. Rye dese Ber ete ere Wow moch timber did you out {2 “Ly 7.3 acres “aia the J aeres? AeweS. aan of tne Yo scre treuct7A. Yee. Sir. Q. You were oniy on West 6, You did not cut tee tere 2 °Fe trnct?A. No, Sire A r> Q@. How ruchn 473 you ent? 4. maak thers vas gbout a12,7°) feet, cak and all. QO. Haw much of it was cak? A. Adsut Lo,0°0 feet I think was oak. we @. How much was forest pine? A. fioc? wer rot any of it forest p*ne ay that I rememter. ‘There was nt ~er two trees I know. Yes, Sir, there wes a little poplar, J think. Q. <Any poplar? A. Q@. What was the cak timber werth ca the stump? A. Vell about Sf cents ner hundred. 2. Wheat was the poplar worth?A. It woz rot worth any more than the 2314 - field pine. \ Whe : as tac TO? COlae r - Pike Ve Ut ian ; Ae + t WES Ve. th ab OU G S a esntes ‘& ° es f Y ¢ C nundred on the stump. Q. It was much chcaper atengz accut then? A. You can buy it much cheaper then.then you can new. se ™ a 74 I 1) wr el LL SAE = 443 ae @ Or erin a ~1y eres mb dg OGRA Et Aue = + er te. il ws ne ~~ se ~ > @ ~'er otk @ Tre ie e tr os ete ees + + Bs eels = ee eee es 4 ge ee ee cee) aes f <6 21 20 not vant ts Soe ee eT et SG ee = Ty) $ eee ee ee i a —- Pee pe +4, ne ov aes ae 2 JUST want 23 aay re oe: Se be ee Oe ars Byers 4 owt §$ £243 Ss es fmvw 5 ¢ LY yn oe 44 4 aes < ‘ or eSue tied to = ee ae oa P oe et ng ome trees ap theres, ao) a) NN esp ays - x » d 2 a . cars) : oy e oe os yf $ sy Qe Meee fed iY EV a Fig! 6 e Uae Came Cae Seen ta oy oes zi » nee [es ling, Ceis ye a , ot Ad eee St ater en as ua Saeed e A ters 4 SO eae se + $a. £ + Wo en. ey . ce a o we vate dey . a eves TAX Las é ay tie SU eee Ce ar Coe me See - : yet et a yg es ne oa ae : Sorat . ey, Sen V.3atherbcarding. O.%nst kieg -¢ Pees Ore Te Pk. Vorect Epa A Mis owe $+ ce ernwa, yer it tne +e i Wae to. 2 we wt id eR Cia Sie aie yr *: ee oe Tres wu 4 ee 7 soe . . + es SeAleres Se ee +2 - ls o 3 4. Pe Ae. Jesse care -vtr anit yvartes 2AT% 2EGt They voce gtund he te ore Le + ey hes 7 + 2 one =4 oe — 8 oe ae fot, be Setd Moe bemkeo ert se'd I rei ¢s pe. his from eutting ther. ; Nel ee ; ame Pan. 26 sae 5 + doce ee ree ee non ~ Ho Came ar 6 gO 4 Se ee te 6, 730 To ovweme buck home from Fes eee ean : one Nee) es , 9 MN Ho : fosns him res eS ow Ses hema? 7 a. ay = _ ae) wae ee = Ey Ge Who was at hemeea., My vif aes “oy at 4 a yr ey! + chy 4 rs +h e ae as I ia ~ ie ae <a hess S he ets . mt 35 a€ aS 1 & aoa a ad re ae < rahi =e 4 ‘ . es = = — e wae a e ° a 5, 4-482 * wUe peo tees iy AA r (fan Nn 7 ns Ger 4 , cae +7 % [rere ee a a: + co i: ““— @ e Can e ee + gt oe te: - ~ ee wn an é mae u ot js weds. t eo t Tee ~ er | - 2 y n ‘ + ° Te +% ~ ‘ + a 4 ~ v ese TQ G2 with Him, We v.. ol 7 et UGS pigs {e222 ae > ¢ + 4+ 3- ro ove ay . + ey wd #3. z - Cae 5 Ge ed Flbht frere 47 le ee Ose Ne fee es ne tf ae . 7 KS ee 4%, #4 Scat 6 ee mee ea 4a nee re Sie = t= Eve We ey keard iq als Neri eet aon as pat Cat ay Cain mS et nae en si] Vas . - * © PAs . Ve La] WEE prosont?éA. Mr. Lambort Vso Sir. m s fees Ta a nin aa + 44+ 7 ir Q. They did you let hin ev Becu. a. 24> itPA. Yos, Sir. ans - twas ny 4 - yk See ne arm eS) ee ne er ee - . aaa ee s Ge You were having them regeryed ecde: 7 UP Correct with himeoa. Ceo. Den't Icad yeur yitness: | x a 2. 3 : < Q POM oe l?a. Los, Sir. tate: < VJ < 2 ea pad ry (2 CG ty ie = Se > Ciba & e ts a : Nivey ean) ore Tye ee ois se B eh +, : ‘ mi 354: Qe This young wan Fruak Byers, saiioveu ma3e a stat rent to him about a s this Gontroet, in 2h* woveuw sate Toles «ue te Fave C62 ei cber Go " i re tract for 880U. 90° q. fe tw ww both tracts, the 73 sere treet and the 2 \ ' . A. I told Him Jesse was to furiich ro ty butlding lumber toc. Q. Just as you stated here to the Court?a. PIS, Sal. Q. If there anything else vou think of, that vou have not bean over - 2 this morning, if thers is anything CLS ot oa. 2 ett o explein.aAg No. co 2 2 tc ae oe . Sver tr wae e An are bag? $U0C0 ev, ald Ce, ASS gts 8 ae eee ey Lo Ol7-ears ¢ - Dur.'t know thet. He told mo he for that rlace, x : at rlace, fad no theugkt I ought to be yx ani Mr. Stovenson tc mgp $190.07 a po oce s¢ I took Vee: Dee ee IDOE OT ree 5 a Oa rey a . Oh PS Ae Veor T mevet ever Serr Zl T sekeg Rie wee We felt es toet un bhe Ue e2sural Me by Sey fe thet wes nae he eel te Jo at ee ee Oe ae eee er ee ee for REO .°O Tene then Henry St Ge ee eye es ed Ry Is eo £92 bees, 7 1 a. Frenc: . Or ee ece eee Gere eer er ee eee ee how rnen. - ake ‘ ne Deena + + ye ce ee see MA peices. ya, 2 M. You bousnt 1% for" 7 +e* f° t= Hany, S evinces 7ouid huve paid tor 4? es ‘ “i A aay zy cle No CeS= e ; APA / ” es 2 Sire VO ne ee a ee ee oe) eG 4 CoWare et St poe eo le in son AO Og. eee rue . . os $1°°.,! fee ee ae ay rr? aa iv) 4 1 ra) ¥ « e) i] 1 af 4 : 3 C5 t e “) Vv co +> oe +, » o> { 46 ay ea) 9 e Q. un. Soe Bo Ro eens T w? ns Paypry a a non fae ons oy read, a) Beet tee ek aes e PC ee tee er A ee ae 8 a Gre les T maya 1 Ty ee h ee + . 7 Ge : ae i Nie ahs Tee tar. a 4 I i ants wee te) bo eta = ee Pie ee eo Olas, Bef ee Re te a er ae yop v a) Reve oho 247 oT R. I us ve 2 n - AL ox + S st 8 “42 ho oo 5 woo + - wal? aly es r ats rhe | : . a ee oe s+ £ +e ol aS Ae oa°4 Unele, 1 -ar: fc = go eo tee Het a. ve a - 78 AB ant — . Q ° L Gur oes ui * < uA ech a . be votey Je ‘ v . 3 nt - ov ~ - 7, cor that to desce and thot you We t “ore ery frien s Dyer there? ew \e = ne — uv - Vee Sar hao eth 1 oo ee eee ne re 2 duy too. Co PT we A 7 + . Weel «ill you eweear that you did ct eay ths +? A. I won't say. T 30 not : oe is as 5 a Why curnct vos remember? A. He cali en rushoand I ee yee A « act « Q. Bee eu try COG) TOON IR 6 Ie el! ee that Jease ere ele you 10T ? I cenrct rererber everything Don't you remomber thet you Sed Jesce suid nor me meitrer. 9. You do not try te rerember it do you-- oh eee Yee etas o OS O.D 30 f det Ga%4 2 f= Oe Gis eG ee yee Fo om-orry dace lisze with ee ey eu Satter for yeu 4 got 2 ft PEt ee ee Ww. toli «en thet ~* aecitst fF 7? [sos We er een, 240s fore 8S ey wether's monay, und T ope sider™: ies ee es it je his, und when vw Perot rer aurtet me 22 Sy ne nets eve und wat him to go surety, wer 7 erect it .ver mere, he gus he oopla aet ao it-- it wes teo untust, and if he wea [A my Pp he would take out 9 counter clait for eu part cf that lerscr, tha t af treet ¢ \ =) ye aoe ~ y erat sou Our 2 ime) we aS god Yr FES + ~ sett 6. Orla Fe Us 4f sour borther ii4 act go an your note ic and if he aif nt eo to vas tt? A. Wey wnen. @. 2 sk 27 12 32 did not pey i#? A. after tee land ®EN5.00 vas taken out yf tee cota of thet Tand. Q@. Wasn't tnat ian §& Dia oe ty ee ee oecther-- Jesse heipec 3 po eine es Sod otraighten these matt cs if. on8 #42u0]p pet the Nace eros Wee pus Cero Re ooo Fees few Mayet | Moe lo. Pd eek a ee ee Pe eat naer te et ee! ee tee f VU Ges) w+ e Gee i er den, We intein SO i et » thers te gee we «hin T ete pots Fey tee 22 et 2 Peng toes 7 ee Stutceveile i5 & TY uE7S, Si eee fee ee be fle ee te et te dee the ronges te pay it ith. Q. Jesse e2°vei ty > [eur friend’ a. Ex wag guct 28 Eot T aver hai in my. ii fe. 9. Be furnish gon “his Roe 2 eet, Ue Se eee sent geou down te Srapoc te, fe%ce 2.2 Bee sorep <f pt for it?a. No, Sir. vr.tt ing H: tom heave $5200 mere the traded vith me, anitried te c.iP - . Q@. He traded with vag ana tr? 74 +. *elip vou slorg, adi he \ O. You wont con thew ani took the sel tn your Ten A. He tola me te E9 spa buy 4%, 22 127 est tell me te ma - of aot mes ? ee esr a wwed ww + - s = abe x fees 3 y aes re ni Weed ‘ io . een: tae) Cy ees e idee] oC as 2 A . ¢ v . nei . 2 (4 Wig rere GNSS T lett Yoo. O, Vek You eect Ce Paw, ee a ~ Re ee ee Seer. 0, Before eve Jecee hed eiptroeted yots 20 foe 2 Pete etal [Sos Qe Ee ro wp eae GEOG 0 he 9 he oe f > = A oss ty + or eee POA.MNS Sire i fae he yeni: gt ~2 "wen. Oe Oe. a a Te "7 wy, eo ae 7 es Lae ba To Peer eo” Ge eee 4% Yee Oe te re re ee ee ° a Bop as 2tu Foe Ge Fak ee eee eo ese So 2 2, eo ae hee ’ an eS : Re ae Ry ts. eo aire Ce > net Bees = ac, , Pec % ie Gk Uw ' ca ise ioc 4 ~ } Pe Uy Sel eats puta Je.u2 *4 % $b 8 4S YeG, 27a s NO eS ee ee oe i. par ‘ BR, ile Gs os Ce ar. te weet 2 , Shere (2 88 pe et 2 tO Ro Veg, sas ns Nee ar 2G + e Y oats ee Ch CY. “ art > Cu) * : . [2 : es ty a Lo ee Syste Que ee ee en re teers. (Oo Fou Boe oe Roe ete \igse at G22° [ice e ae Vey eo ets &. “nat did re Ser? he 2 2 oe eo eet mye Coarse Powe et sore eet yoeteot trees oso Tee yee ee tyane Fe weoult hav one Ree ee Oe Cte oe G. Heve the Vy te e Vo ee ee ke Vee, ost « Pele ee. eet tro oe ee eee Toe OA Get ys thet. Me cata tet me Wie te Geli ce ee ee Ree eect Iyeshorthere in Rteu on. Le tot 2 ee rore® Ae You, Sire Q. Your husband care thoy et ot tee ©ivoe Ae VoG,oa58 A. Was your seo7 there, 7 ite Troy ca. Veo Err he wee, ©, That is ul? you “ro* Bot tone oo, ts \ Po oS = hea to By Mr. Caldwell. 6. Wnere weers tha trece left Free Srerrill® ae = acuta not tell you e : Q@. You ao rat ‘know week: Was tha 72 6520 tract or the if acre oo . es Chee ona Bones! 1 ne n Nees nears ce, . amine wae’ aa Yet “Mw eo ic evs ee fo et =es- n se 4 ee Ct eee a aes La. ad i. -< Qe er se a - £ +. ‘ o 4 y S42 ff Teo 8 acre oe sYat he told re. Cera eee eae (oot ie le or? t bak : ei) owe TI ciea £&> °. ‘ hed ct e 0 t2 5 se pe Seven room butdi Q@. Was he to have the about that. Q> Fow cften have 5.2 told? A. I cannot teil. Q@. I say how often nave Ae. rt do not knew. Cane we le ~ - ee 4 ee ee es iS i : Ea ie be Ue eae Pg t Sou. UY we gos be he 5 foo e ee oe ease se the VS aare tract seo © Anet4 t2*2 ungthtae eniy whet 1 told po. foro, fete Ye ecw 224 ae Co pay whout that ° | 7 eae te 7 RB woe att T See er ee Bees eee ge a eee ee ty St 640 : - { - -+¢ Ten ae a + pnts cet = Ver oS ae a “ee w wok. . > erie on eek “J Ro Ooo ee oe, 6 Ss ert tet ee ee « ” “- ee ee ci : 3 Se ee ee a eee ole a ae : ae se See Oo ee : Dee we A= tes Lack eos - ows : + fw yo ee Sas ee tesnnot e+ . 2 ee a vette fo a fe oe & eS ups é Ss ‘ ‘ ae One 2 - | PE es mare 5 : . a < ees Bade, preety 2-3 ni V ee eo —— : 95 Ti fas Ss a ‘ ‘ ey V, ee Vv. ‘oie Te aA your A e UG wo polo. Wiss S . Sm & gic S wes ay kh aoe wm ~ - ~ o- am sn t ° r aN - owt % waa o™~ aw Ta wea Toy ana 2217 tc Pt 7G & Seve YF @ CME SS Pe} enimneystaA. tune sect abort Laat « reuse built? A. Uc,Sir, I dc not ancy Pio ne talked to yenr hustand abdcut wrat vou have e e Heri 2bhsit 2h? es 4 Ms cs ' \ c > , er % y, GR oe Q 1. at stm nie aan mo cay) lam ne Rise De ee a =7' VD f w Qe nist otk t 2 ass © R ee YO inks See ee es a Nee et =i one t ~ Cte li. ae ee 7 Ne a ee ee oe == = ie Peay . 4 ee iS 2) ~ y 4 Vaid ia I 3 ea Le msn a s ane i 0 4 mele } Soe m ue sae” ces J y- * 4 Ses ~ = 3 455 2-4 4 ws herw kha ew FF + 1, ee ge se ON ee ay ec ee Ue Ven 5h Fae os Fer te ™ . oe . ~ . -~ ev - Te A Va ee ‘ i : a 4 26 house, Darn end fruccry . $2 Pola 2: tf Seve the beaiuees <f Lhe tre: : Sees ee eo, a 5 3 yee at 2 aes. zl E ves mh teres: trae My sabes a teey fot 62 2ae upey 2nd drvve ott. An £ 4A cane A : oor Se “5 a Wu S, He tsi drove up the: ee a Se are and seft “4. Ys. c ” : nm r ~ Sey RelN Reece. By Mr. Gricr. S97 5 Sees ae =) ee 4%, + aPy ee 5 es < OS ho Sa ye 7 eG Ae Yel, 532 le a) = ' 4 . Mees ee ce vy Qe } . = $ 4-\- tS a 3 D2. “Whe? Was fe Rete Velie Ee we oe, Se = wee tel kice. ae a Cog 20, + er a 4 ete a ee cee cies me 1H) Peat fan 2 aber ss A. a, Sire nA aa Stee +. = “ee Oe = te 8 ] £7 8 .W $yey me U~ awe +. re Ce iw See there was gcise te be eye aa - vane 2 Cyne ne on ot e kir @ DASE , Spee Qe Oo OSs. R Wess Oa a A wy ° 4 Jo ~ = = af aa S . a> * wv 3 re 6+ +34 - + SS S = we whe s t fare H c Sea Bs ie Valero ames ce Cle is iq DS coe 1rd? Ss + wD ay al A. It wes uwiter he ect bis tance A Se ¥ -£ aa er) a a e+ 5 ea eS Po AS Glenn « gy Cees 4 fe 2 So ye < ‘ to? Gu | & Glas % tirade? m oi Qi: = 3% kot “33 -- yep. et, ee . : sce SS. 21, [ene July sworn, ses; = ures + ww Nfs - eee eer e rs Wir e ne Ze Ir. abl . See ee tae ay} ses oes ce ae nes - ae now ed LG -- < Tey ioua tar Be tie ewe ‘ Soe aS aes a 7) * en <= - fA nD Si aceeeryo eve) . +o Pd eu = x © QO. Your fatzuer isc Er. A.P. Sutrrssc, Bit ur mther ts tre lady thet =A ~ . ae Ve aé¢ eae A <7. Ce . Ney On + > Ray ares - er en e “> ~ ae vente : : 2 +ernh ns a zs Cee. Q. Ware zou et heme sith : y purest: in Catawba Clusty, u% tre ¢ “s ts a 2 = . we t# +4 +2 ..7, . Ws. J.T, Gherriil? wus suttince ttle *i->er?A. Yrs, ob. Q. No you remember the wecusion that “ir. dest= Jreyvs Wr tf) o22 Fouse, ees ee a . w-- 7 : VI em es S ’ ee -¢ aT 34 ~ testified to by your mother? A. Yeo,Sir, 7 wee et?* from {°>2 houce. QO. Wheat dia Mr. Joo. 2 2 onte fure. ba anes oyer thera and told Mother? AZ. He told me if fo weatd gst Psya #5 -- *# he wontd tet him cut those \ * treee? S. “neat trecs? A. Thes2 he yoeerved, cnes thet he had picked out-- and stopped the nen frem cutting? Q. Did he stay there for vtms 14ttie pit? A. Yee,Sir, ne etayed there a Retticetit.) / ! = —_ eS ee we = . ee ee ce ecw Fy Hee DA 7 elo mind + 3-5 QQ. 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Be =a 2 ‘ » ‘ e ton C4 =e £4 RS ee a4 + eT se ES) ee Rae ae an ae Ae Al nae » Sf ee s wf 6 x aces . c t ory aa + cowie 6 e Ay 6 a . ape ae ete 7 eer eee. 2 eS : a. = a See et ee ee eftoy oll the ©. Gr was as 73 Se Toe te ae Dei vou Go tMat?A. Ye, S3o% A, Waet di Foo secur pe oe Q, Weere Aid yeu heu: Pe eee es Gee Q@. “ere 7 vy ts aie eke Voss QO. Shey wore the ties: tt Se pe Ae Yoo, o1ys -»> 4ho N--y ete @ 4: RQ pena a = ee pe ee a L pera Boe r 7 sete By 2he Geass Q. Wheat do pon wean bp Be Pug st the «_wing?A «Jose Qrioss -Exe ination. B; oe m You haeviled £o7 Bee Oat Gc 2) Aeon ei ee leecs poo. A . ‘ a he Tine yee pre C7 e ~-Jie- lal or 4 es eee oe e3 A SS . wo ren + % + . 12 Lo © “er x ae am ue ~ ie eo S a eS nt ae ~ mwas 3 oes a ~” Ki (te See Vel: ~ ay a= + > -° + 4 es = fae ae ol L oe ) one ‘ es - ‘oh we oe ews . ae 7 je . = ’ 4 - 5 ~~ soe oe ~ [ce +7 4 se) + 1. oat 4 vt -- . + . oe. z 3 for re : wie. ot be = ie . > . is 4. -. . . - a an - * oo . - n +-- es 4 > ye : 4 o- 1 ae lias ont 4+" i 3 | a t-- ee a aC a . = ° 47 3 < \ aoe ant , Bhs Soe ; > % ‘ a . 3 we oo Nhat © - a wo cu val : P a! 7 - z . : ” 4+ os whee 2 a4 ‘ 4 A. Pe a a 4 wo 4 2 oe tes mepwead \ TN = 5 : a lava ~ . Gvis = 1 £0 4G. ° z a aA °4 . it ee 3 +f thet Ko 3 ay pA Q. Yo. G2 ee a ee ee tee ee Ceo 2 Ge 4 q - : a oO 7 9 7 Cs ss _£ es way i ale nc oe ia ~ a2 e Ay Ss . ese es a nye ON We cee r Woe: ae See ee ; +1. - 2 E bal ES DYan 81 G ee ‘ : Nae Sn ; t wv dE aes Cr ; . : 2 3 3S ieee a eee Pn 5 Ye oor ao 5 $+ eam Hy ON a <r - We > oat 3 2 oe 2 e A. gi vense tt etre tf: 5 ry ’ e e va of . aa ‘ ES nN Wet +f abkyie P +b .+9 a Yt Cems ct ‘ ae ries 3 3 RY rs A on ae ee Tae i= -4 = Steen c . g. ae Yy Le Cae . ¢ eereee ce Wie inc» Noes ~ 2G fe - a $4 : ; mee 5 ee ee > ¢ Ce wad © oT poreemhae $4 was Cee bee es ee S Zo eee! Te v +n - wy2 5 Hue. + ence a. A, 7 ee keke oot ° a re ee ee en ene ayttine timber ~@ se wom sage : Ne ee . = © ~ a > Cin OF of Eee. Siz e 2 ~ x 4 ent oo .- See re wk tee 2 +6) Go Breet ar 1 ue. Sy caer: cea , ay : 44 : a 2 .+ wsRa t ao Ne eee ‘ ae Ae Stcpeca Ce a oY ite - “a 7 - % 2 a 2 ee ce 7 a ee e a a ee er me: (Avo eG cee ys ee Mee tae 4 : ‘ oh : 3 es { b te + ie - a > ’ ’ 5 : e Bee ee to ee 2) alc) Sige @ ed cage aa ce wlae Sel one { Cy “I ' Q. Th. cena to the wilte . . aad: oe Tow é 4 A r ‘ a. @) Coe a } e ec ° “ye SAS Des Re e Was t A a dat ee ee + 4-¢+ +1 ar + T a anal eo a) Se = oe | Ss ot Chae : cos so » ns 4 oy os Sa 6 Poe Aire ese iG ear Le % co = ee ee Sos a dn >) ad - a +n a PR on et) 7) ga Ore Ho FCC oS ae 135 eee ma 5 a _ ee ees . mae ail @ ee Cas. Nee e “oe n + a ~ fe —. o- . a : cet = ‘ae : ae ae eva mart oe eas < ae ey, are 7 OW cere 4 - Gre Se SG ues ¢ z ; = To le: ‘waft ee seca wat were AS = ik = oS z= ~ v (ies ig See 1358 » tw A J Vem os é: ~ ¢ Slee t a - en 4 eo ey £ ? s * = t+ ee he r + e Loe Fw + - V5 eo °F 2+ at oS ° ‘Ame +e - . te? ~ wen. Bea ~ Be Cw ge . + 4. 4. 7. oe on o . foe vey aes 5255 % , 2 e De 4S on -- oa 4 ao ae We Pee re 4 seers aa? 7 z f . a e «eo re = T Wee as re, By, ene 2 : a ee . Cone oon oe ; t+ 25) 9 a wee L . + 7 2 tonber cver teva, tly es 2 7 ees i a E. t= to Nears -% ae oe Aen aay BS (aie ees ca &) ol ee a oes & yt £ a tc fee oc. es Put. oa oe Po ee ee Too ee = 4 sree eee ~ Vs aX os 5 --*¢ ¢%>5 en-- 1 : Pa ane A ee eble 7 te eo Se a: oes os - _~ @ Mx eee es oe es ca ee nee ph 4h HH > : - tant we eee caren eet {ne ty sa eta Te ote a ase ee CEO face Sa eee ae > pa, ‘ S ai ” c=. < + ~ey . naw +1.- by Awe wo Af = fr - He tbhe tence Poo ok (es En See et PS & ee { nel eee FR a a. -* La a ~ , + ge +- P £+ se Ce Cae came et wid ei ‘ ee : Tea (Oe es 4 bea my ng ~ oir right. wn wy S82 ee h we A | yee Tie SP ee ee ~: +5 aad Ww Seve oe ra “me ate Re os « - os a t a Ca . ez "= @ ru ve . Ra: (is 4 ar the 2 oof a wis. + Wen? EB +ys~ es wor ee 2 QM 1% rn + Ee “we en ar = o K ee 4 i - ae ee . t = e cos Vo: enn Y see Sasso area “.e v Soy whe gy ah ‘ aoe =) me a a . -'y : vc “oy along there. There wery owe t forest pine? Aa. Te fie ep es ee ee nee. aitegokher. cr 3° carts fcr ecme, san fer Oxk ari ferest pine. Ob mixed. Gomy cf all three cf %' ce ae ese @. Wust its the cid field worth be tte 7k. TS not kaew. T gave St cents fee oul ue 2 | bat Wag ao 2.00 52220 pine , separct 1 Q. There was a three acce tent 8s Sere ic tht. embers eae You, oat a) Vou kn w ubcut that trect? Ae I nour? them sey something wnbovut thre sere tract, wut I dio net Pndes minGre it wHe. Lahn e o* @ a - oe We nr ee r E ‘= + * ; i? a = 1 1 " -” + @ ar dea o wee Cees Denese Do ycu ERnow the cherector Whet is it?A. Good. y : uM - =e = 4 - Ee: : pevhod Baia MRSS he Giro Mr. Culiwe? stale Cette a eet €) e nN Wo > ~ +y-4+ :@ Res ne Ee ene n <7 Se - oe Pl Ve ae we -/M J . - a 4 eS C are: oe én 4 a . xs Me re Cee 4 . + _ t + Sool te ee > +h. ~t Mr. Preoe at oss 5 Te wor et et ~ +34 fa - eis 4 4. oe 4 as ee cate oe i. a key £ ta cC th 9) : on (9 nn TAs ay Qi ww rewmg ” <a, ® AN. we e@.s avae t 2 4 - ae ee 4 - + ey oe tw - cee a “+e “ce A sedi « ae ‘ ae % ee Sion DY ” bell sy 7 rea See re. T no ec 4& heawromy pe Bw ae ~ Bu a NS en ay ae u so 7 pel ie aa + ‘ 2+ eae Se ok aS -@ Cts Sheet toe = nie oa OLON ss — + 5 ee os) s2cour, 6a x 2 oe WES Peet tne so % -\ : ~~ oe an 4 m4 ee er TH. a . ay tN ge ee ee eo a Ws tenes ee +, ce y+ ‘4s, Sees 4 ec ss oo - h ¥ ie 5 cg is ¥ : ° : ae s tenes they i OD . ‘s oe ee Ee aS eure neo 3 re Loa \ : Oe Bo ee a va on fo ut: eet if = Ke ry + < + 9) ~ e ; & i 7 oe £2 oa oes : mow : BO a ~ "3- m= mn i (O's, . “ple = 7 : r mone “ Lam +e ose SS + ee ee oe 1 | nee Se Fes . - * sy -* eS - . x 2 t Ce ~ 4 = cn ne a “one a ° q - . . Soma He f me oe Ga: 2 Wy erm Soe e Ry Muy oe 4.uLie 2 Get oe eee oa fal a . Va Le ae iat 0 ‘ ee cL to ee oe . t T we Fone Ve ae ae oe fo ee eee £ eee eee R-3 fea] oN Le - - we oe ee ~~ can : i 2 . ae F ee ee ee ee ee 1 Ste oe le ee - : ai ae es ns + Va ~ a sae $n a - . + 13 Sem “a +S tr) alae sa ee ra r o a ee T i : se a 3 ie 4 Bes oe oes a) i = eee acon oe we 4 ee = seo ee OT aT. ee as i ne 23 oe ne aoa. we Woo oes o ' ci 4 Naan Mate gt Rs—-Di: . @ ioe Cole [ois eee So een ae ee ee aed eee tr ; Ages Ba ae = ce Ne L Se 8 Geog wey Ss < cee +e 22h 4 ee tae oe ore wm +t So eee 75 We la + ~ : des = eink =eet - +79 woe are — 7L +90; rem 2 se ON, Y U,ua- * eo . ‘ 2 eS ‘on ae Je Fi, t+ aw ‘Canc x re we is me ~» . © Ks i S bs ~ +n #s + - Rts Ch ae 77 y+. 2 eters £2 Ale rae £f - a e : e Pes 8 oes gs : ‘ oes . ee Sade : 75 nS eae ee ss Ee ewe : ‘ os Eee eis J su7s ae Sea ' . + ees x : Sune 4 ames wAg¢ Gs & “\ Ree My pus, or. & a. é i eo eG ae z one > ge 1 S. 2 +- oe + too Ss AU +e Seo Ts-7 -+ ee is Rec wD wr) oe a et Dot alers 3 v we oe A me N tb Cl, : : Sk Wee. .s7 < C8 8 a e Re-Cecce xu 28 72ch. Mee eng. ’ is) ES ar Tee + ae ows gee, if it Ot eG ee nee ae - : . . = oe ee ; yoq said Mr. ers. het eee te -- eZ 4 ate 2 - a a ' = fr Va ’ ae J © ies o vciw a4 ‘ rer Sie ‘oA ‘ Mee 2 Guar nit e yid © Nsw Boot s - aa a og one t a 2 ~ 22 eG ue 9 not been rantioned. He askcd re tf he did not yay i _ OE ~e @. Did ee te geu vege 28 22 4 eS Sees aes nee os as A. bee ee ES oe! a+ eo ae Ne ce Se - a ye + 72 4 ae Q oe aes eat [Uh 4 ae tees GQ. He *% . ccm! 6 5) ree a ee i SS Sas Ce ee h Z sa een aoe e so 5 Ais sp® oe one ee So ee to ine ut 2 a 2 Be fo: ee Y = _ a v ~ Meck & > er PMID BAe Wee eA > : ae wl) ot es ee eee TTD aa ato a cy Me een) ener (@) Tn 1) ee ee Mace a. 2 © ote ee - di @ Ae oe . vr: ~ 29 i noe = a ee nee a: 6) f : sig 4 nite e coe ; oe tae - . : a ee Eee ; ‘ ie ans ay < oes a o EE a oe y » me. 4 : ft ‘ : 3 “oe “a +. wl Sets As Q CG. Lae Be Aes . - ‘ : G T . ? & v eg ls o n ove ROLES < 7 : one ee eae ae 4 tse tgs _ @« ° - «jee ® 2 ~ ~ - <a ek a oe a on ore y= tae Ot YW Qi-- %4 = Some 4 eo ee fc Bk ea : aes fo. “3 . © e Desay : ri = - 44 “Whe of ee cs “ : ° Be ” e ai eet fy Voce uo. # +> - = £ YF. cy ae en - ne ° 4:5 ite 7 4 2 . w 2 neo oe) ae ore we oe Ce : e Seas . aa 4 : ae A e as eS sae a Va. S2-, se © - 2 - » . 42 so ££ +. 3 : _ Sai es .~ > . se Dee | Sooo a oe At Ca os ¢ By 7 aro : - L 4°, yo ted ae Cee ye > we : a c Se a il . - os As 8) fo. 4 . Ls . s a: bs e 7 e , ° L : . t 4 f- > < «> + ee pee vn fs : nA a 4.2. a: Cl Bee x ee he or hes 2 “4 *- aA : : oe ree ‘ : aoe a 4 5 pan eS + Le. . ne a+e (oe se el ee ae ee A ee i i . C aQ+.,¢+- : sae es + 2 4 + 2 . be 5 sso q Sp ua, Ch A = ots = : Eee eas as fy RS ry EE a ee + eye . Cosy ees 2 es, cee : eS wey ea co as 2 5 ae ee = 40 * BS * a = 5 nN . 4 & e 40: As 2 ye ane ee: cane S : i a w SA) a cue y: ioe De Pa wy" so 9 “aw * $40 T : e % 3 a = 4 ee - + we a in : a . fs aa . , 445 43) 4 eons re | ree 5 ‘“ he @ wy 5 es - - 4 4.%- yx +4 ‘ : . aes Q. Wass 2°74 %- g- th oar ee bor, nA + an. 7? ‘ - : £4 4+-%- ° : - , oe - < + Pe as 4-.- +. x q. Inf <. 5 se ar L£ e .y oe oa Z aie 2 (Ye : 7 z C2 a ee On eS £ Qk eae A : Rene ee ag Te + omer 4.3 o7. fee -£ . , . Y ~ at A a fn . . > - ~ y ne N 7 5 a lire a = . oe Be 24 4 eee Dey ye QF re : : 7 fe aS a OA G i . noel ‘ uw e ~ eee ” Seale BoO.. R; pe es eee Rr a bee Fe oc nee es tee Saya ce oe ee ae REA Ore v Nee a Er i a:; ’ ‘ Eee) mo) eee aes 1 ts > aay ere 6 v ; dh . = m- 7m + heey ay 3 B.%. Snorricl? , Bee? tad. ete eS acy Wildes oy iD ee aw ° B; ole Lore. nN Phys es S! + ¢75- — tn - ee + se heer a As ran Oe, qe Aes ty RHR Ss 3 5 tps 3 i 8 ees as yy s ce See ae Hell come ; ae ee . : wand ee es ee ce 43a cs es ; 4hQt Boy oe ee 2 Oe . 8 Eee oe i at Lower St + te ~7. A te ee wine. T ve ae + aru Prec. 7 Cet ee hat ee se, et cs “4 z 4 e é? at e es n . @& a v. @ e 'y T Gees nies - qa ee o Fe cs wo as YY? os _ A >. > ce e f Pee n oe wae Vv iy Q- ~, aku cos > eten t+ s Sof) te v ~ : NEC las ‘S aS ee L os ae So aa he ES —eo Se we T ian - y . 4-¢. 4 , ‘ te se aa @ ~~ ewe ayo » Seas oe “a = = e sn A : . ace = FWwi e ~ tos = 4 = -- = fs ve Sa oe A "es : sae 5 © . we - ae ys - - $. a ~. 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Sd dix x T a ~- + : Dae fet 5 ey aViaes . 6 a 2 falcecree aac Vs ©) . I: Gio: = 42.4 a! o° 5 te ale T es Lew ae uO ~ fone on . : tea eytink ties to tho reir VY. of A eet et ore ea os eft ay aU ae = hiw ey ei a ce a ce ss Bo | 6. Bi ho out ty Poe et Cee Gs Vig nr. 2 si ee ce x An. it oe ele eres Sees Reece ysl aye ne eny = ae e mse ev - ~ - ee ~ * ~ ti ~ e > re iS a & “ za fo 5 ey & , ee ima Veo 5. . Q@. Ther he 225s b: hee ee eee therea vou 677.00 fer te. c 7A. + 22 «eo? Bor “he T erouie have toe: jug to Veber eo tee eee Se ee ee eee Foe te ee 2 a, ele Wass Ee Ne , Ao ns Bye eet en : nat UST (oh Oe Snes! © Nae goss igen Ae T 1: -% 2nBOW anti ne pp ae BAC Tae c I had nothing te de with tho antting cf the timber. Ur. lembert tQ 4 a > $4 ods e North Carolina, ) Suverior Court. Iredell County.) August Term, 1914. A. P. Sherrill, -vs- REPORT OF REFEREE. Je Le Sherrill, To the Honorable Superior Court: In obedience to the order of the Court, made in the above entitled cause, referring the same to the undersigned to take and state an account, after due notice to the parties, I proceeded to hear their evidence, at the Court House in Statesville, N. C., on the 7th day of July, 1914, all parties being present in person and by their attorneys, the evidence being concluded on the afternoon of the same day. After considering the evidence and argument of counsel I make the following finding of facts and conclusions of law, FINDING OF FACTS. -First- Theat on or about day of February, 1911, the plaintiff, A. P. Sherrill and the defendant, J. Le Sherrill entered into a contract, whereby the defendant advanced to the plaintiff $800.00, with which to purchase a tract of land of 73 acres in Catawba County, N. C.; that after the plaintiff received a deed for said land, they contracted and agreed that J. Le Sherrill should have the standing timber on said 73 acres and on 18 acres tract adjoining for $800.00 in payment of the money advanced aforesaid, and in the event the defendant did not come out whole, the plaintiff agreed to pay him $300. or $400. That the allegation of the plaine- tiff, that the defendant was to furnish him lumber for a \ seven room house, barn and granary,, I find was no part of the contract. \ -Second= I find that the defendant cut and removed all the merchantable timber from the 73 and 18 acre tracts of land, and which fully reimbursed him for the $800.00 advanced and expenses for cutting, sawing and marketing said timber, -Third~ That in July following the plaintiff purchased 5-3/4 acres of land, adjoining the other tracts, and that the defendant cut and removed the timber from the same, amounting to 19,000 feet of the value of $76.00. -Fourth-~ That the plaintiff hauled logs and ties to the defendant mills for one Lambert and that the defendant assumed payment of the same and received credit therefor in his Cee settlement with same Lambert to the amount of $47.00. And the defendant gave the plaintiff credit on his store account on account of this work the sum of $15.50, leaving a balance due of $31.50. -Fifth- That the plaintiff cut 45,000 feet of lumber for the defendant, for which he agreed to pay him 50¢ a hundred, totalling $22.50, and that the defendant has given plaintiff credit on store account for $22.25, leaving a balance due of 25 cents, -Sixth~ That the plaintiff from May 3, 1910 to August 3, 1912, bought sundry articles of merchandise on account at defendant's store in Statesville, aggregating $308.19, in which amount was included two notes paid by the defendant to F. H. Conger, as surety for the Plaintiff, and that the Plaintiff paid on said store account by sundry payments the sum of $199.56, leaving a balance due the defendant of $108.63. 20 -Seventh- I find that the plaintiff obtained from the defen~ dant 1500 feet of framing of the value of $13.50, for which he has not been paid. -Ei ghth- I find that the plaintiff delivered 55 gallons of molasses to the defendant's store of the value of $22.00, and that the defendant gave the plaintiff credit on his store account aforesaid for said molasses the sum of $21.00 leaving a balance due the plaintiff of $1.00. -Ninth- I find that the defendant has given the plaintiff credit on the aforesaid store account for two sets of switch ties for $88.68, which is embraced in the $199.56 payment aforesaid. See finding 6, -Tenth- As to the defendant's charge of $152.29, set up in the 5th paragraph of the Answer, I find that there is no evidence upon which to base this charge. -Eleventh- As to the defendant charge of $61.28 for two sets of switch ties, I find that after the defendant had cut the merchantable timber off said tracts of land, there remained the laps of trees and some timber scattered over the place, from which the plaintiff cut the aforesaid two sets of wwitch ties and that the defendant gave this timber and sawing to the plaintiff with no intention at the time of making a charge therefore, and that he gave the plaintiff credit on his store account, the proceeds from the sale of said switch ties, without charging him with the sawing or lumber, ~Twelfth~ As to the defendant charge of $35.00 for 5,000 feet of framing, I find that the plaintiff did not receive this lumber from the defendant, nor was the same delivered to him. -Thirteenth- As to the defendant charge of $30.91 for culls, I find that the defendant left on the yard of his mills, a lot of culls scattered about the premises of the value of five dollars, and that he gave these to the plaintiff with no in- tention of charging him for the same. -Fourteenth- As to the defendant charge of $25.00 for other lumber I find that the plaintiff did use aid-esebe & small quantity of the defendant's lumber, but that there is no evidence of the amount or value, nor any data offered upon which to base @ calculation as to amount and value. -~Fifteenth- As to the plaintiff charge of $45.60 for 114 gallons of molasses, I find from the greater weight of the evidence that the same was not delivered to the defendant. -Sixteenth- ACCOUNT STATED. A. P. Sherrill, Dr. To J. Le Sherrill. To moneys advanced on land purchasé,Finding l, $800.00 To balance due on account, Finding 6, 108.63 To framing lumber, Finding 7, 13.50 __ $922.13 Le Sherrill, Dr. To A. P. Sherrill. timber, per contract,Finding l, $800.00 timber, on 3-3/4 acres, " 3, 76.00 hauling logs & ties, 4, O1600 balance on cutting timber, 5, 25 we balance on molasses, rae; 1200 908.75 Balance due defendant Beene dena eo Cee oem =~-$13.00 CONCLUSIONS OF LAW. From the foregoing Findings of Fact I made the following con-~ clusions of law. aa tliee From the facts found in paragraphs one and two, I find: A. That the plaintiff is entitled to charge& the defendant for timber $800.00 B. That the defendant is entitled to charge the plaintiff for money advanced $800.00 C. That the plaintiff is not entitled to charge the defendant with $350.00 or any other sum for lumber to be due for 7 room house, barn, etce =o From facts found in paragraph 3, the plaintiff is entitled to charge the defendant the sum of $76.00 aoe From facts found in varegraph 4, the plaintiff is entitled to charge the defendant $31.50 echo From facts found in paragraph 5, plaintiff is entitled to charge the defendant 25 cents. -5- From facts found in paragraph 6, the defendant is entitled to charge plaintiff balance due on account to-wit: $108.63. aoe From facts found in paragraph 7, the defendant is entitled to charge the defendant $13.50. =] a From facts found in paragraph 8, the plaintiff is entitled to charge the defendant $1.00. -8- From the facts found in paragraph 9, the plaintiff -5- is not entitled to a further credit of $88.68, see paragraph 66 ~9= That the defendant is not entitled to charge the plaintiff with $152.29, see Finding 10. =10= That from the facts found in paragraph 11 the defendant is not entitled to charge the plaintiff with $61.38. =< That, from the facts found in paragraph 12 the de- fendant is not entitled to charge the plaintiff with $35.00 -12-< That the defendant is not entitled to charge the plaintiff with $30.91, see paragraph 13, =13—= From the facts found in paragraph 14, the defendant is not entitled to charge the plaintiff with $25.00 =14 From the facts found in paragraph 15, the plaintiff is not entitled to charge the defendant with $45.60. «j5= From the account stated in paragraph 16, and facts found and conclusions of law, the defendant J. Le. Sherrill is entitled to judgment against the plaintiff A. Pe. Sherrill in the sum of $13.38, and interest from Aug. 3, 1914. =I6— I recommend that the allowance to the referee and stenographer be divided equally between the plaintiff and defendant, and that each party pay their own witnesses cost before the referee, I transmit herewith the typewritten evidencé taken before me, with my ruling upon the objections to the evidence 6 nated and my certificate of witnesses cost, all of which together with this my report, I respectfully submit, DH coun Referee. VDoeever ’ COST BEFORE REFEREE: / PLAINTIFF'S WITNESSES. Sam Turpeér, 1 day, 25 miles 1.87 Y Ceborn Sherrill, 1 days, 25 miles 1.87 oe Shuford, 1 day, miles 1.35 J. Pressly Watt, 1 day, miles 1.42 clarence McLelland, 1 day, miles 1.49 Henry Stevenson, 1 day, miles 1.49 tire. AeP.Sherrill,l day, miles 1.42 vo. J. Sherrill, 1 day, miles 1.42 |/tugene Lamber}, 1 day, miles 1.642 pL.E.S. Hedrick, 1 day, miles 1.42 War L. Harris, 1 day, miles 1.42 $16.59 DEFENDANT'S WITNESSES. John Bynun, day » 26 miles, 1.91 J. Aw Settlemyre, day, 24 miles 1.84 E. Je Goodson, day, 26 miles 1.91 G. I. Sherrill, day, 30 miles 2.05 day 30 miles 2-05 day 1.00 Pink Goodson, Frank Byers, Roy Byers day, 1.98 James Brown, day, 2.26 YH we PY we we BP HY Je Be. Reece, day, 1,00 $16 .00 I certify that the foregoing is correct. Libba Refereé@e ~ BUF bey Bill of Coste—Civil.—Printed and for sale by Brady, The Printer, Statesville, N. C. No...... a Docket... IN THE SUPERIOR COURT. PSS Sa) 4 AE ZIEB A} age loch jail Original Summons, or ot names therejn . ,. Bond, includin se one Injunction Order, including Bond aud Justification. . . Order of Arrest otifying Solicitor of Removal of Guardian... .... . Continuance Caveat to a Will, entering and docketing Issuing Commission. ........ Notice, for each name over one in same paper. . . . Impaneling Jury Justification of Sureties, except as otherwise provided . . Judgment final in term time Judgment final before Clerk Judgment in favor of Widow’s Year’s Support . ... . . Docketing same Dockesing ex parte Proceedings Judgment - Summons Indexing Judgment Filing Papers Postage, actual Transcript of Judgment Ewecettoh arf Sheriff’s Return Appeal to Supreme Court, including Certificate and Seal 2. Transcript to Supreme Court. . . . copy sheets, each. . County Tax, when Jury impareled 3.00]}. __ wt by on Referee’ ae fe Ve a Sheriff. ie Lit Sara CIVIL DOCKET. BILL OF COSTS--CIVIL (As Fixed by the Code.) Against