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HomeMy WebLinkAboutTimber Records 1922-1936Timber Records 1922 SUMMONS FO RELIEF-—CIVIL CASES—Olerk—Printed end for sale by Brady Priating Company, Statesville, N. C. ipedell County—In the Superior Court. SUMMONS FOR RELIEF. { Inc. County—GREETING: YOU ARE HEREBY COMMANDED to summon ..------.---------------------0rrrtm the defendant.___above named, if perior Court for the County of and answer the complaint, a copy of which will be deposited in the office of the Clerk of the Superior Court for said County, on or before the return date of this summons, and let fail$to answer to the said complaint within twenty days from said return date, the plaintiff - will apply for the relief demanded in the complaint. Hereof fail not, and of this summons make due return. : \ / ’ > a x i 2 3 = Gg a & 1 3 2 os _ i 2 | an 3 & 1 ge ry S \ z ‘ \ \ 7 ' i 3 foi 4 | 1A q 1 log I | a 8 ii | Be , & \ 5 1 ; < te bt Bot « \ ! 2 | ! ! ' ° I \ : 3 s iia o¢ oi ot a i ° poe ; @ Ss \ . 4 : C : Pia a! 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' ° o 1 8 - o ag 7 4 i | 3 oe g ; © & ‘ A — LL, I ' 1 : g 3 = 3 = AyumM0g---- paateoey { 5 PEE | fei |g 28 j o uno aowadee oy ao | : ' : ' 1 5 * #4 Oe S om Joladt 7 ae 1) i oto 1 2 § § 1 8 is 2 ay} 070 IS ey) Teopeay if to z q s o s i 9 jut sXep--- JO 4lI1O I be to to zis 2 & 2 | ana yo ay} Jo 1 ' 3 ‘ae a 1 5 £ Oe a0 i < Pot | a e | 2 3 dal a t yo | _ bo ; 4 g & & > & 8 i 3 2 Tay (YI 2 ! S S 3 s S ' = _s30TH4 YousNoMNS ” i! ! 2 0 4 a 2 es ee 4d SN yoy Pb oa be Bu 8 i pb | cwrese OWW PoP | $B 8 2 5 i g 8 serene VANS ! ! a rp i { = 2- ---- t o 3 2 S T OS és z e - . eccyveraseares eves <S 8 ' = F OG AN OTT - “= | 5 6 Po TUS b s Re - / weg t LSNIVOV Tay ! E [ Sesce xev uwer oo, (Semen es pues a wee ee B kpetn ~oN j \ North Carolina, 4 In the Superior Court, Iredell Gounty. $ John Fox and G.S. Hines, partners trading and doing business as Fox and Hines -vSs- COMPLAINT, Mutton & Bourbonnias Company The plaintiffs complaining of the defendant,allege and say: “FIRST= That at the times hereinafter mentioned the plaintiffs were partners trading and doing business under the firm name and style of Fox and Wines, and that,at said time, said partnership existed for the - purpose of manufacturing timber into lumber, “SKC OND= That the defendant is a cornporation existing under and by virtue of the laws of the State of North Carolina, having its principal in the C ty of Miekory, Catawba County, State of North Carolina, 4 -THIRD= That on or about the day of June,1920, the plaintiffs entered into a eontraet with the defendant, whereb; the plaintiffs agreed to eut and manufacture into lumber the timber standing and being on a certain traet of land belonging to Nannie Sparpe M4lls and the estate of M, Bmeline Sharpe, said land being described in a timber deed ex= ecuted by Nannie Sharpe Mills and her husband, Thomas M. Mills, and Nannie Sharpe Mills, Executrix, to Mutton & Bourbonnias Company, said deed being reeorded in the office of the Kegister of Deeds of Iredell County in Book 59, Page 445;that said defendant agreed to pay the plaintiffs for the work of cutting, logging, sawing and manufacturing said timber into lumbér and plaeing same on stieks the sum of Fifteen Dollars per thousand Feet;that there is loeated on said tract of lands something like 900,000 feet of timber, _ =FOURTH= Tat said plaintiffs proeured ansaw mill and equipped themselves to do said wort and were ready, willing and able to perform their part a - — of said eontraet;that on or about the lst, daybof November, 1920, the plaintiffs notified the @@fendant that they were ready to pro- eeed with said work, when, without ang right, the defendant refused to allow the plaintiffs to proceed with said work, “FIFTH™ That at the time the defendant refused to allow the plaintiffs to proeeed with the manufacturing said timber into lumber, the price of said work had dropped to Right Dollars per Tnousand Feet, or Seven Bollars per thousand feet less than the contract priee.for same, “~SIXTH= That by reason of the defendant’s breaeh of the said contract as hereinbefore alleged, the plaintiffs were damaged to the extent ‘ of Seven Dollars per thousand feet or the sum of Six Tpousand Three Mundred Dollars, WHENBFuK&, plaintiffs demand judgment against the defendant _for the sum of Six T,ousand Three Hundred Dollars, and for such other and futher relief as they may be entitled to and for costs of this action, 16 Banvies torneya for 7a = John Fox, being duly sworn, says: That he is one of the plaintiffa in the above entitled aetion, and that he has read the foregoing complaint, and that the same is true of his own knowledge except as to those matters and things stated therein upon information and belief, and as to those matters and things he Lg vse be true, y Cn & Vw Sworn to and subseriped before me, of Jyiy,1921. “gimp so Aep uyet eur stm peTTa # - ace en We ewweraee & & LNIVTAUNHOOD SSS . a" fae e@eeee ee fwedwoy seyuucqun°g 7 u0>pNyA *seuty pus xo” Se ssoutTsng Zujop pue Fut per? LOUZIEd seuT_ "S'H Pus xox UYOL =~ Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. C. 5-15-’07-2M. STATE OF NORTH CAROLINA, Cetaw To THE SHERIFF OF atawba YOU ARE HEREBY COMMANDED TO SUMMON personally to appear before the Judge of Superior Court, at the next Court to be held for our said county at otatesville, Nc. Nevember, 1921, Tyfoorbexoecthe oxbe the Court House in on the.1@th. day ef ._ next, then and, there to testify and the truth to say in behalf of...Pimintiff@ oe in a certain controversy before said Court depending, and then and there to be tried, wherein Jehn Fex and Grady dines WITNESS, Statesville, N.C. Jahn Fox and Gpady Hines cnc eceenecceesuesvsnssnsuvassntasessaeaseresessegencene Plaintiff_§ Against | , _ biytten & Bourbenias Ce. 4 se ntniinennnennemnnetnsiinee.,.Defendant..... ~ SUBPOENA--Civil. Term, 19.1. | | | : | | | ay 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... 4 , ee oe epg ee Plaintiff Against 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........... Tredeld. County--GREETING: YOU ARE HEREBY COMMANDED TO SUMMON ............ Jin GC. A. Dulin personally to appear before the Judge of Superior Court, at the next Court to be held for our said county at the:Court House ine ee Pe PA RR Beco ces cree on the... Wednesday, wareaqencccune Nov. 16, 1921, meaasocn next, then and there to testify and the truth to say in behalf of an controversy before said Court depending, and then and there to be tried, wherein “ John ¥ox ( 3. Yines are Defendant And this you shall in no wise omit, under the penalty prescribed by law. ~~ WITNESS, ......... eccceeeeeee9. Ave. A @PRNC SB cee See epeeosnies , Clerk of our said Court, at office in......... .tatesville, N. , the... 16th of John Fox and G, 5S, Hines Se ee renee eee eee ere Ea CE Against SUBPOENA--Civil. Je, Thonpson-, eee To... November 7 Term, 190-21 oa ca rk. WE /92/ We s/o hhh es woh po = —_ North Carolina, In the Superior Court. Iredell County. Jf John Fox and G. S. Hines, partners, trading and doing business as Fox and Hines, -VS- Hutton & Bourbonnais Company. The defendant, answering the complaint in the above entitled action, says: lst: That if a partnership existed between the plaintiffs, it was unknown to this defendant, and the only trans- action between the defendant and said partnership, if it existed, was with John Fox, as hereinafter alleged. After commencing work, defendant was notified to maxe check payable to Fox and Hines, which was done. 2nd: The second paragraph of the complaint is admitted. ora: The third paragraph of the complaint is untrue and is denied, except defendant admits that it owned the timber on the lands mentioned in said paragraph. Further an- swering this paragraph, defendant says that about the time alleged, John Fox approached the defendant, seeking a contract to cut, log, saw and manufacture into lumber, timber belonging to the defendant. That it was finally agreed that the defend- ant would enploy said John Fox to cut a boundary of timber near Elmwood, N. C., on the lands of J. %. Thompson, he agreeing to cut, log and manufacture said timber ina skilful and workman like manner, into merchantable lumber at the price of $15.00 per thousand feet, and under ssid agreement, the said John Fox enter- ed upon said land and undertook to manufacture the said timber, ole but failed and neglected to carry out his contract in that he did not cut and manufacture all the timber on said land, but left about 30,000 feet of merchantable timber standing thereon, and in that the timber he did undertake to out and manufacture into lumber was so unskilfully manufactured, that the defendant lost 6165 feet of valuable lumber, in addition to the sum of $92.47, paid the plaint- iffs for manufacturing same. 4th: That the allegations contained in the fourth paragraph are untrue and are denied. 5th: That the allegations of the fifth paragraph are untrue and are denied. 6th: That each and every allegation of the sixth paragraph of the complaint is untrue and is denied. WHEREFORE, having fully answered, defendant demands that plsintiffs take nothing by their writ, and that defendant go hereafter without dsy and recover its costs of action in this be- At¥Yorneyy for Defendant. half expended. e North Carolina, Iredell County. Jf J. I. Thomas, being duly sworn, deposes and says that Hutton & Bourbonnais Company is a corporation, and that he is local agent and representative of said corporation; that he has read the foregoing answer and that the same is true of his own knowledge, except as to those matters and things therein stated upon information and belief, and as to those matters, he believes it to be true. ~~ C7 Lp A J, SA e272 Sworn to and subscribeg before me this the day of r~ 1924, No Ze Jew rr (ripe. 9 $90! dhe ‘ Om Ben ot S ee Guus av 1G De Tore FL OOK | . Sone ee G. Chee Jug Cn eS Oh rr L rex, Y amnw~ / 0 4/2 eK Log Ka ie LAC Q OG re ty a Burk, rnd Maa Loser L- ee Vv AA % Drei — r AP yY Le ipo Te KM iescon me — Whe PBK Coan Me. Ls tr es fs tri, Pols? Gass Ken Tharran | OF PS CoH Zou Ak, hen Ao Crim RMrar 7720 efpkr2 La. | i yh C Abort “the burg foes Ch. ay Be CRSA ko AD Chae HR A ALS. = WI ear atts fh /T yaya ee < a - Ff00>% Face _ wy — 1 vy besr2 ocaeorkKe > DKitsobe pou kf Phas, [0 ov am te | ye PPh Goes | , " Hots ox Goober YS Shae YL Cun humm —- Yue woe Pro a | _xX- ht nnn RSS EN ATES homer Taarexrt Dox nx Grnig 5 V0 Dun fron Mw, Yoo jr rat Aa ben (OD Priding. fa Yew Bo wr Goer Gir rug ~ om Oo aston WK hmmm A “< 7 Ms Pench Onan Civil Subpoena.—Printed and for sale by Brady, The Printer, ‘Statesville, N.C. 2M—5— 04. STATE. OF NORTH CAROLINA, To THE SHERIFF OF aL County--GREETING: Charlie Gailiher, syxter Thompson, Wou are Hereby Commanded to Summon 2 sees ik 9. Ler... nies Me. SiS aE... eed, Manes 5 : Jacke Roavis fonencneees ae Vee | } L> 9 é dtte v Banter Be t2 & ( Lt : personally to mee ourt, at the next butt be held for our ey conn at the Court House in en zenesy Febras ary 6th. 1922 And this you shall in no wise omit, under the penalty prescribed by law. J.A. Wartness , Clerk of our said Court, at office in We nereby accept servise ef | Wo. 10. the withing Suppeena,. ( } fp lAD ) Grady.-Hines-and-John-Fex artners Against | Hutten 2 Bourbennias Le, SUBPOENA--Civil, Civil Subpoena. —Printed and for sale by Brady, The Printer, Statesville, N. ic eae oO, T0r>nv STATE OF NORTH CAROLINA, personally to appear before the Judge of Superior Court, at the next Court to be held for our said county at J the Court House in... 4 on the GH next, then and there to testify and the truth to say in dehalf of - in a certg Plaintiff. ., and Defendent... And this you shall in no wise omit, under the penalty prescribed by law. Witness... “e-O = , Clerk of our said Court, at office in tk Superior Court for Civil Subpoena.— Printed and for sale by Brady, The Printer, Statesville, N. C. 5-15-’07-2M. STATE OF NORTH CAROLINA, personally to appear before the Judge of Superior Court, at the next Court to be held for our said county at the Cotitt PLOUSE 1ii....c 3. OG VN Stocco cee on the Monday,..the. 6th Mismiayxaftexwka. of. Fab. ruary.......wombpxer, 1922, next, then and there to testify and the truth to say in behalf Bf OOLONGGN Gee nee: \ \ +e, Sam Carson and EB, B. Davis -oo To Petree th {Give LLU He yeh [GL tc tinedrer Ace lf td Y thar bs Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. C. 5-15-’07-2M. TATE OF NORTH -AROLINA, To THE SHERIFE OF. A&e- YOU ARE HEREBY COMMANDED TO a ee ee Defendant. a eee erreur neers Plaintiff Against cece MS occ _. Defendant SUBPOENA--Civil, For Kk. f ! MeO oy Civil Subpoena.;- Printed andfor, sale by. Brady, The Poe eieeile N.C. 5-15-’07-2M. TATE OF NORTH CAROLINA, County--GREETING: Co Ld he, [haw ei, . COT hee after the ontroversy before said ED and then and there to be.tried, wherein And this you shall in no wise omit, under the penalty prescribed by law. , Clerk of our said Court, at office Defendant__..._ SUBPOENA--Civil Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. C. 2M—5—,0¢. STATE OF NORTH CAROLINA, . personally to appear before udge of Superior Court, at the next Court to be held for our said county at the Court House 1 on thee Ler - De [Pion citar ine VII0 AMM, — next, then and there to testify and the truth to say in behalf of 2 in a certajn controversy before said Pot and then and there to be tried, wherein Defendent...... And this you shall in no wise omit, under the penalty prescribed by law. Witness , Clerk of our said Court, at office in Monday in cad fal = | Lig Py G-—7g at WOH a funn 4 ha 06m. | fy phevarcbs AES | tifie* Tort =-HS 2 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 R YOU ARE HEREBY COMMANDED TO SUMMON A oS ¢..Y OANA And this you shall in no wise omit, under the penalty prescribed by law. , Clerk of our said Court, at office Ne. 22. Grady Hines and John Fox Prayer For Instruction VBe By The Defendant. Hutton & Bourbonnais Co. If the jury find from the greater ee of the evidence that the defendant entered into the contract with plaintiffs as alleged in the complaint, then I charge that the burden is on the plaintiffs to satisfy you from the evidence and by ite greater weight what damage,if any, they have suffered, and that the measure of the damage in this case is the present value of the amomt of profit the plaintiffs would have made if they had carried out the TN if you fina they had a contract, and that there is no eviddénce introduced in the case showing what it would have cost the plaintiffs in labor, the time it would have taken them to have completed the work, the probable expense in moving the mil] from one set to another, and the probable costs of maintaining said mill while cut- ting said timber, or the costs and expense of men and teams in cutting and log- ging the timber from the woods to the mill yard, and of hacking and caring — for the timber while manufacturing said timber into lumber, or any other element going into the costs and expense of carrying out said contract if you find they had a contract, ani I,therefore, charge you, and if you come to answer the Zak issue you will only give what the law calls nominal damage, tha is some small sum, a penny or a dollar. a VAL she wih. afin NORTH CAROLINA IN THE SUPERIOR COURT IREDEIL COUNTY | _ JANUARY TERM, 1922. GRADY “INES AND JOHN FOX ISSUES. J J vs J qT HUTTON AND BOURBONNAIS CO. Sf. orth, Of Tow. did the plaintiffs enter into @ contract with the defendant for the cutting of certsein timber, as allered in the complaint? Answer: Can ene. Did the defendant commit a breach of said contract, as alleged in the complaint? Answer: q- 3rd. i. What damages, if any, are the plaintiffs entitled to recover of the defendant? ; ° | Lrk Atlee teemars ff 700° [ tain tana ae Sininiinnaiimeasainmen™ “meme ty M3 North Cerolira 9 In the Superior Court Iredell County | January Term, 1922. Grady Hines and John Fox, partners trading and doing business under the firm name and Stsie oF Hines JUDGuUE YT end Fex ve Hutton & Bourbonnais Co. This cause coming on to be heard at the January Term, 1922, of the Superior Court of Iredell County, and it appearing to the Court that the jury has answered the issues as set out in the record, It is, therefore, considered, ordered and adjudged by the court that the plaintiffs recover of the defendant the sum of 3700.00, end the eoets of this action to be taxed by the Clerk of this Contt. SLAM orn = core. ee } ( \ fe ; | i Ae ce OE tome Timber Records 1924 SUMMONS FO RELIEF—CIVIL CASES—Olerk—Priuted and for sale by Brady Printing Company, Statesville, N.C. County—In the Superior Coutt. AGAINST : SUMMONS FOR RELIEF. Re H. Mason STATE OF NORTH CAROLINA, To the Sheriff of __ Iredell _County—GREETING: H. hason the defendant_---above named, if._.nhe@____be found within your County, to appear at the office of the Clerk of the Su- perior Court for the,County of on the..6%b day of - and answer the complaint, a copy of which will be deposited in the office of the Clerk of the Superior Court for said County, on or before the return date of this summons, and let take notice that if fail to answer to the said complaint within twenty days from said return date, the plaintiff__._ will apply for the relief demanded in the complaint. Hereof fail not, and of this summons make due return. “> peaiavoy ‘ ~ = — — — rn i a = SS o 1 "se s Ss Ss ! > Rn o oD o = ' Z. _ 3) MN NM S ! : Lv — Ww — os ! ' 2 "a \ i ' ( \ 1 > h : ° ! | = ad | | ' \ 1 | ' se { { I TZ 1 1 ' fi ' \ \ =| ‘ & ! 1 1 ! = | ; } ' 3 ! ! ! 4 a » f “ : = a 1 ! j ; aA x ' ! 5 ' = z | ' I Bs : = \ ! \ o \ \ ! « \ ee x 1 1 6 ; ! ' x N ' : I PI oe as os ) \ IN ie oN NG 1 a - 4 5 ie iG _ Bs ) 2 AJULLO;) vy, =e ~ plays hw ! > ' + 5 WIRE =yo GL 3 aaKy pie Sy fp S | NWS | 1 ot § | PAN YW’S A S 1 ' : = ! ; = ' } ee ww n ! \ I \ n ° d | m ' | ! ! ‘“ t L | 2 ! 1 ' o } d . ' 'S ! \ \ \ = & Q en ; 3 Z. 1 \i 2 ~ - _ x cae ° 0 Mi Be! "EQS | ® mos i ~ @ i 1 eS OQ iN EOS a ! = ' > vo ~ | = ' ¢ ' 1 n Ss : ' sm . . 1 ' bf & Ss ~ . a Tay . si * : bo ! LS + a oO an yy ESS TE F — ! foo! ' ! i = \ = == | 1. 5 3 poadoy ; \ \ & Se v : a c eee i N“, ' Ss ! os CUNO) fone eee nnn noe JO WNC) Joladug vy} Jo Yae[) ay} Jo soyyo in the sum of_ f= yy } ol} OJUL SABP> ~~ >>> H--- UIY}IM a]qeuIujey ‘dH TAU YOd SNOWWNS and seals, this_ 20 oa ------ may recover of tl ‘UOSe °H °Y ISNIVOV j i dv “4 ‘ 1 N «= A = = o 2 = = ° 2 be z — el o — _ ~ vo z & = i] vo R Z Z = = ti ro - : = 5 3 = > e _ = Say ~ e ¢ <d - RQ < Witness our hands however, if the Plaintiff Vike cost as the Defendant over and above his debts, liabilities and property the Defendant-__~- in this action, ween eee “~~ ® North Carolina, In the Superior Court. Iredell County. R. F. Gwaltney and. wife, ) L. V. Gwaltney, | ~vs- COMPLAINT. R. H. Mason. The plaintiffs, compleining of the de- fendant, allege and say: First: That the plaintiffs are citizens and residents of the County of Iredell, and State of North Carolina, and the defendant is a citizen and resident of the County of Alexander, and State of North Carolina. | Second: That the plaintiffs are owners and entitled to the possession of a certain tract of land located in Sharpsburg Township, Iredell County, North Carolina, seid tract of land being described as follows: Beginning at a pine, the old saw-mill tract, running East 58 poles to a white-oak near @ branch; thence S. 70° Bast 39 poles to a post-oak; thence N. 30° E. 104 poles to a small hickory; thence W. 70 poles to a post-oak; thence N. 85° W. 40 poles to a pine stump; thence S. 77 poles to the beginning, containing 63 acres, more or less, excepting from this tract 2-1/8 acres, more or less. Third: That during the latter part of the year 1921 and the first part of the year 1922, the defendant, without permission from the plaintiffs, without right upon his part, and over the protest of ~ the plaintiffs, entered upon said lands hereinbefore described, and cut and removed therefrom about Forty Thousand (40,000) Feet of timber. That the value of said timber at the time same was removed was the sum aie of Four Hundred ($400.00) Dollars. Fourth: That the plaintiffs have forbade the defendant to remove said timber from said lands, and after same was removed, demanded the return of the lumber moved therefrom, with which demand the defendant refused to comply, and still refuses to return said lumber or to pay the plaintiff the damage sustained by reason of its removal. Fifth: That by the removel of said timber from the lands of the pleintiffs, as hereinbefore alleged, the pleintiffs have been greatly damaged, to-wit, in the sum of Four Hundred ($400.00) Dollars. WHEREFORE, the pleintiffs demand judgment against the defendant in the sum of Four Hundred ($400.00) Dollars, and the cost of this action to be taxed by the Clerk of this Court, and said plaintiffs " @emana further that in the event this judgment shall not be paid, and that the execution issued on same shell be returned unsatisfied, that then execution be issued against the person of the defendant as provided by law. North Carolina, Iredell County. R. F. Gwaltney, being duly sworn, de- poses and says that he has read the foregoing Complaint; that the same is true of his own knowledge, except as to- matters and things therein stated on information and belief, and as to those matters he believes it to be true. Lt Spare Lae: Sworn and subscribed to before me 4/~ this the 2M aay of April, 1922. 2 Fz JEW ULe, 2 CIVIL SUBPOENA—Printed and for sale by Brady Printing Company, Statesville, North Carolina. STATE OF NORTH CAROLINA County—GREETING: Tom “artness personally to appear before the Judge of Superior Court, at the next Court to be held for our said county at the Court House in Statesville, North Carolina, on the_12____day of 192__Sthen and there to testify and the truth to say in behalf of in a certain controversy before said Court depending, and then and there to be tried, wherein And this you shall in no wise omit, under the penalty prescribed by law.. , Clerk of our said Court, at office in Statesville, N. C., ’ ng mend ee ree ee at ger a tne ee > na gece a cacao _tie#. Gwaltney Plaintiff_.__ Vs. _ReH. Mason eee eee eee Defendant-__-_-_ SUBPOENA--Civil For .2om Hartness : oe ee oe eww ww eww ww owe oe wo to ow ew www ow E Beemer ee neriff Alexander Co. C. OIVIL SUBPOENA—Printed: dnd for sale by Brady Printing Company,: Statesvillé, North Carolina. -STATE. OF. NORTH CAROLINA To the Shetiff of 17°91 __ ».County-GREETING: You ARE HEREBY COMMANDED ‘TO SUMMON R.H. Mason ‘ And this you shall:in no wise omit, under the penalty prescribed by law. , Clerk of our said Court, at office in Statesville, N. C., —— I hereby accept summons on the within subpoené. CIVIL SUBPOENA—Printed and for sale by Brady Printing Company, Statesville, North Carolina. STATE OF NORTH CAROLINA To the Sheciff of - Irede11 County-GREETING: \ fe You aRE Heresy COMMANDED TO SUMMON Alex liarlow R.H. Mason mr ww a a a a a an a a rn rr rn nr errr =- Defendant-_-_-- SUBPOENA--Civll Alex Marlow | I hereby accept summons on the within subpoens. CIVIL SUBPOENA—Printed and for sale by Brady Printing Company, Statesville, North Carolina. STATE OF NORTH CAROLINA To the Sheriff of ~_ Iredell _..-County—GREETING: You arE Heresy CoMMANDED To Summon _--Glen_Lliillsaps _______----------------------------- _ personally to appear before the Judge of Superior Court, at the next Court to be held for our said county at the Court House in Statesville, North Carolina, on the 192.9, then and there to testify and the truth to say in behalf of in a certain controversy before said Court depending, and then and there to be tried, wherein ReF. Gwliatney owen ee oe ee ne a a ne 8 a rrr rts Plaintiff___., and ~ SUBPOENA--Civil Glen Millsaps I hereby accept summons on the within subpgéns. CIVIL SUBPOENA—Printed and for sale by Brady Printing Company, Statesville, North Carolina. STATE OF NORTH CAROLINA To the Sheriff of Tredeli You ARE HEREBY COMMANDED TO SUMMON personally to appear before the Judge of Superior Court, at the next Court to be held for our said county at the 192-5, then and RH. |fason And this you shall in no wise omit, under the penalty prescribed by law. , Clerk of our said Court, at office in Statesville, N. C., So aa lerk Superior Court for Iredell County. ReH. Liason eee a wr wm ww ow ow we ww oe oo eo ee oe ee - Defendant-_--_- SUBPOENA--Civil. Jel. Jolley I hereby accept summons on the within subpoena. CIVIL SUBPOENA —Printed and for sale by Brady Printing Company, Statesville, North Carolina. STATE OF NORTH CAROLINA To the Sheriff of ___17e4e11 County-GREETING: You aRE HEREBY COMMANDED TO SUMMON ____NeQe LAazenby____-_--------_--__-- And this you shall in no wise omit, under the penalty prescribed by law. Clerk of our said Court, at office in Statesville, N. C., _—_ SUBPOENA--Civil, 5.0.Lazenby I hereby accept summons on the within subpoena, S. 6.4 f) OIVIL SUBPOENA—Printed and for sale by Brady Printing Company, Statesville, North Carolina. STATE OF NORTH CAROLINA 192.9, then and there to testify and the truth to say in behalf of Rebs Gwaltney ____-.---2----------------------- - in a certain controversy before said Court depending, and then and there to be tried, wherein R.F. Gwaltney - ewww om = ww ow wm = ow wm — eo = = oe = oe oe ww ww ww oe oe oe = ee = oe | = C-- ee we ae ee ee ee ee ee ee eee ee Plaintiff____, and Re-H. Mason erk Superior Court for Iredell County. No. ------------- ‘SUBPOENA--Civil, JC. Parker I hereby accept summons on the within subpoena. Lotfper- CIVIL SUBPOENA—Printed and for sale by Brady Printing Company, Statesville, North Carolina. STATE OF NORTH CAROLINA Clerk Superior Court for Iredell County. ae ee | (Le [ni Leg RS [eta OIVIL SUBPOENA—Printed and for sale by Brady Printing Company, Statesville, North Carolina. STATE OF NORTH CAROLINA And this you shall in no wise omit, under the penalty prescribed by: law. Clerk of our said Court, at office in Statesville, N. C., erk Superior Court for Iredell County. NORTH CAROLINA In the Superior Court, IREDELL COUNTY J R. F. Gwaltney and wife, L. V. Gwaltney =Va~ R. H. Mason The defendant answering the Complaint of the plaintiff says, . ist. That allegations contained in paragraph One of the Complaint are admitted; end. The defendant answering parggraph Two of the Complaint says that he admits the plaintiffs own a tract of land lying Southeast of the defendant's lend, and that what is known as the Millsaps old line is the true dividing line between the iands of the pleintiffs and the defendant, and that the said true dividing line is from the pine stump , now @ hole in the ground, said stump being gone, 4 corner in the Millsaps line, and running South 77 poles to a pine, @ corner in the Millsaps line; that said line has been known and recognized as the true dividing line of the lands herein referred to for many years, and this defendant disclaims any interest in or title to the lands claimed by the plaintiffs Southeast of the line herein referred to as the true dividing line, and denies that the plaintiffs own any land at this point West or Northwest of said line; Srde- Answering Peragraph Third of the Vomplaint, the defendant admits that he has cut timber and exercised other acts of ownership over lands up to tne true dividing line bwtween his land and that of the pleintiff, as set forth in paragraph Two of this Answer, but he denies that his acts were wrongful or é@one over the protests of plaintiffs, and he further denies that there was anything like 40,000 feet of timber on the land, or that it was worth anything like $400.00. 411 other allegations contained oe in said paragraph inconsistent with this Answer, are expressly denied, and the defendant further says thet before cutting timber on his side of the line, that plaintiffs and defendant caused the line to be run and steked from the stump hole referred to, South 77 poles to the pine referred to in paragraph Pwo le? this Answer, and he expressly denies that he cut any timber across the line so run gnd staked, which he alleges is and was e true divjdjng line CPE A ee ee eh denies the allegations as set forth in said paragraph, and further answering, repeats and says that before cutting timber on his land at point referred to, that he and plaintiff caused the line to be surveyed and staked from the hole in the ground, formerly a stump, South 77 poles to a pine, the Millsaps corner, and he slleges that the line so run and marked is and was the true dividing line between the lands of the plaintiff sand the defendant, and he denies thet he out—ew removed eny timber across said line, or from the ‘ffs’ : Punts Cut Geo sere Lene BR plaintiffs' land, yeep pte wew Aor 5th, - That allegations contained in paragraph Five of the Complaint are denied; Further answering said Complaint, and as a further defence, the defendant says, 1. That the defendant and those ae whom he claims ; Wd Oy Ce V ene, a Ate Le ~ has been in possession under colorable title up to the line from the stump hole referred to in paragraph Two of this Ansawer, South 77 poles to the pine thereinyreferred to, for 21 years, this possession having been ascertained and identified under known and visible lines or boundaries, as the defendant is informed and be- lieves. and so alleges., which lapse of time and the Statute of Limita- tions is specially. pleaded in bar of plaintiffs right to recover. Le That the defendant and those under whom he claims is Pbuts Hids vr yv LY ert and has been in possession of the land up to the line as set forth in ptragraph One of tne further defense, under known and visible lines and boundaries and under amtuxrxefxtkst colorable title for seven years, which lapse of time and the Statute of Limitations is specially pleaded in bar of plaintiffs’ right to recover. 3. That neither the pissntieee or any person under whom they claim title have been seized of the premises in question beyond the line as contended for by the defendant, viz., from the stump hole, the Millsaps old corner South 77 poles to a pine,the lfillseaps old corner, within twenty vears before the commencement of this action, as pkmatm defendant is informed and believes, and upon such information alleges, said parties not being under disability, which lapse of time, and the Statute of Limitations, is specially pleaded in bar of plaintiffs’ right to maintain this action. BELEEP : Wherefore, having fully answered, the defendants asks that the plaintiffs recover nothing by their said action; that the true dividing line be decweed to be from the stump hole referred to in this Answer, South 77 poles to the pines tne Mill~ saps old corner referred to;that he recover his costs, and for such other and futther relief as he méy be entitled to in the premises. for Deferdant. awe R. 4. Meson, being duly sworn, deposes and says that he has heard read the foregoing Answer, and that the same is true of his own knowledge except as to those mtters and trings therein steted on information and belief, and as to those, he believes it to be true. I Z ; Z . eee ee efore me /%2a this the d CIVIL SUBPOENA—Printed and for sale by Brady Printing Company, Statesville, North Carolina. STATE OF NORTH CAROLINA To the Sheriff of __ Court House in Statesville, North Carolina, on the Gq _ aay of _ there to testify and the truth to say in behalf of A FS, - Clerk Superior Court for Iredell County. SUBPOENA--Civil, For [Oar Ath/lLin- ReceiVed May létn,1ys4 A M Penge 6 riff, aLexander County, Fee $0.30 paia. OIVIL SUBPOENA—Printed and for sale by Brady Printing Company, Statesville, North Carolina. personally to appear before the Judge of Superior Court, at the next Cou ld for our said county at the Court House in Statesville, North Carolina, on eZ poe aay OF 2, then and there to testify and the truth to say in behalf of GES in a "ATA efore said, Court depending, and then and there to be tried, wherein {-—— Clerk Superior Court for. Iredell County. this the L ..-day of __< . ee Pp vo fi 7 foc meet f NW Glee IR h sialic Timber Records 1936 31 RAYMER & RAYM ATTORNEYS AT LAW STATESVILLE, N.C. ‘To Raymer & Raymer, Attorneys, Statesville, N.C. Dear Sirs:- ‘We,the undersigned,hereby authorize and request you to make us parties plaintiffs in a Special Proceeding before the Clerk of the Superior Court of Iredell Coanty,North Carolina for the purpose of selling to Barnes Campbell for $1300.00,eash,at private sale all the merchantable timber of every kind now standing,lying and being on that certain tract of land situated in Fallstown Township,Iredell County, ' North Carolina designated as the "6th"Tract in the quit-claim deed from W.P.Cavin and wife,Pearl Cavin ,to E.0O.Leonard and others dated Aug.8th, 1923,recorded in Book #76 page 213 of Records of Deeds for said County, containing 35 acres more or less and being the identical lot of land allotted to Mrs.Mollie Leonard in the Special Proceeding entitled"J.A. Léppard and others against M.L.Lippard and others". The said purchaser to have three years from this date to cut and remove said timber together with the necessary mill sites,stack-yards and roads that may be needful in converting said timber into lumber and removing same from said land. Witness our hands and Ed se day of June 1936. : . ‘ x ¢ | e . — s (SEAL) Q.E.Leo Annie Lee Leonard Naomi Th x | vont teen ye. ‘—_ — ‘ —_—tw ee w- —- @ Stella L. ! . NORTH CAROLINA IN THE SUPZRIOK COURT \TREDELL CCULTY | ‘BEFORE THi CLERK To John L. Milholland, Clerk Superior Court for Tredell . County North Carolina: . The undersigned respectfully shows to *he court thet. : mem. Hazel Leonard, John Leons’d, Roslie ‘ and Samuel Leonard, ehildren of ©. S. Leonsrd, deceased, are infants withour general or testament’ ry suardian, and tnt they are all unmarried; that, sjbject to the dower rishts of their mother Mrs. Lena Leonard, ‘hey each own an undivided 1/36 linterest in a tract of land situated in Fallstown Township, Iredell’ | fcoumty, t.0s5 containing35 acres, more or less, and being Lote midescribed in deed from Pearl Cavin and husband W. P. Cavin to Ce. Ve. Leonard and others dated,august 8,1923, recorded in Book 76 at gsipage 213 of records of deeds for said county: that all of the other tenants in common of said land are more than 21 years of ace and ¢ gidesire to sale the merchantable timber on said land to Barnes iCampbell for thirteen- hundred dollars(%$1,300)cash at private sale: | roltnet it is necessary that there be an action or wpecial yroceeding | iat law for that purpose; that the undersigned is a brother of uisaid infants and has also an undivided 1/36 interest in said land; - that he hus no interest therein in any way adverse to the interest. of the said infants and also desires to join in a proceeding for a sale thereof for partition; that he desires to be appointed as next friend for said infants in said proceeding and in the exent o@. his apvointment as such, will see that the rights of said infants | y4fare protected in said action or proceeding to the best of his | lability. | 4 1 12! 13 15 Wherefore the undersi:ned makes application that he e appointed as next friend of said infants in said action or pecial proceeding for the purnose of selline said lend for 17ipartition. | 18)! This the 9th day of June, 19356 4 19 201 - Bk Ea Z es TL 21, Robert Leonard 16} 22! | 23) 24 Upon:reading the foregoing and annexed application, and after making due inquiry as to the fitness of Robert Leonard, applicant, to be ap- 25 pointed as next friend of Hazel Leonard, John Leonard, Roslie Leonard and Samuel Leonard, minor children of C. S. Leonard, deseased,in a special pro- 16 ceeding for the sale for partition of the marketable timber discribed in the | ) foregoing application in which the said minors have an interest, it is found ' 27 by the Court to be a fact that the said Robert Leonard, who is a brother of | the said minors, is a fit and suitable person to act as next friend of said i 28 minors in said proceeding, the said Robert Leonard is hereby appointed as next friend of said minors in said proceeding. 29 | This the 16th day of June, 1936. 30 " 31 | AT Pirtbhshlsve | erk of Saperior Court Iredell County,N. C. | RAYMER & RAYMER ATTORNEYS AT LAW Srareevire, N.C. North Carolina In the Superior Court Iredell County Before the Clerk E. 0. Leonard and wife, Annie Lee Leonard, Naomi Thomas and husband, J. E. Thomas, Stella L. Moore and husband, J. C. Moore, Mrs. Lena Leonard, Corrinse Lippard, and hus- band, G. A; Lippard, Mary B. FF®mville and husband, F. Vaden :Fonfille, Robert Leonard and wife, Mary C. Leonard, Elizabeth Leonard, Charles Edward Leonard, and the following minors by and through their next friend Robert Leonard, to-wit: Hazel 4eonard, John Leonard, Roslie Leonard and Samuel Leonard, ex parte. PETITION TO JOHN L. MILHOLLAND, CLERK OF SUPERIOR COURT: The above named petitioners respectfully show to the Court: Le That the petitioners E. 0. Leonard, Naomi Thomas, Stella L. Moore, Mrs. Lena Leonard, Corrinne Lippard, Mary B. Fonville, Robert Leonard, Elizabeth Leonard, Charles Edward Leonard, Hazel Leonard, John Leonard, Roslie Leonard, and Samuel] Leonard are tenants in common, seized in fee simple, and in possession of a tract of land containing 35 acres, more or less, situated i& Fallstown Township, Iredell County, North Carolina, being Pract No. Six (6) described in the Quit Claim deed from W. P. Cavin and wife, Pearl Cavin, to E. 0. Leonard, et al, dated August 8, 1923, and recorded in book 76 page 213 of deed records for Iredell County, North Sarolina, and being the identical land allotted to Mrs. Mollie Leonard in the Special Proceeding entitled, "J. A. Lippard, et al vs. M. L. Lippard"®. ce. That the petitioners desire to sell the merchantable timber now standing and being upon the lands hereinabove described, and that the interests of the petitioners in said and timber as individuals is as follows; vizs E. 0. Leonard, Naomi Thomas,/Stella L. Moore are each entitled to an undivided one-fourth interest in said timber or the proceeds of a sale thereof; that Mrs. Lena Leonard,is the widow of Clarence Leonard, deceased, who at the time of his death, intestate, on or about the day of ’ 19 » owned an undivided one-fourth interest in the land and timber herein above described, and is ent&tled to dower in the said interest owned by her said deceased husband; that she is 52 years old and desires to have her dower interest in said timber ascertained under the Mortuary Tables of North Carolina, and paid to herein cash, and to that end she joins in this proceeding; that subject to the dower interest of the said Mrs. Lena Leonard, the petitioners Corrinne Lippard, Mary B. Fonville, Robert Leonard, Elizabeth Leonard, Charles Edward “eonard, Hazel Leonard, John Leonard, Roslie Leonard, and Samuel Leonard, the only children and heirs-at—law of the said Clarence Leonard, are each entitled to an undivided one-thirty-sixth (1/56) interest in said timber or the proceeds of a sale thereof. 5. That the petitioners Annie Lee Leonard, J. E. Thomas, J. C. Moore, G. A. Lippard, F. Vaden Fonville, and Mary C. Leonard have no interest in said timber or the proceeds of the sale thereof, eacept such interest therein as arises from their marital relationship. 4. That Hazel Leonard, John Leonard, Roslie Leonard, and Samuel Leonard are unmarried minors, without general or testamentary guardian, and appear in this proceeding by and through their next friend, Robert heonard, who has been duly Spoetn ty as such next friend by the Clerk of Superior Court of Iredell County, “orth Varolina, and that Mrs. Lena Leonard, Elizabeth Leonard, and Charles Edward Leonard are unmarried. 5. That the petitioners have been offered the sum of @ne Thousand Three Hundred ($1,300.00) Dollars in cash by Barnes Campbell for thé marketable timber now standing and being upon the land hereinabove described, together with the right to cut and remove the same from said land at any time prior to July lst, 1939, and the further right to make and maintain on said land, during said time, the roads, mill sites, and stack yerds necessary for the sutting, loggins,sawing and stacking said timber and the lumber cut therefrom. 6. That it would be to the interests of your petitioners to sell said timber to the said Barnes Campbell for the amount of his said offer as the same, in the opinion of your petitioners, reppents the full, fair, and adequatd value of said timber and is more than the same would bring at a public sale thereof. WHEREFORE, your petitioners pray the Court that an order be made for the sale of said timber to the said Barnes Campbell, at the price and upon the terms of his offer therefor as is hereinabove set forth, at private sale, and that a Commissioner be appointed by the Court to make said sale and execute and deliver a deed conveying said timber and granting the rights hereinabove set forth to the said Barnes Campbell upon pgyment of the pur- chase price. Raymer Raymer North Carolina Iredell County being first duly sworn, deposes and says: that she/As one of the petitioners in the foregoing petition; that she has tead the foregoing petition and that the same is true of her own aor eee? except as to matters and thing stated therein upon information and belief, and as to those she believes it to be true. of le heruar, Sworn to and subscribed before me, SF asgy of July, 1936. lerk SGperior Court North Carolina In the Superior Court Iredell County Before the Clerk FE. O. Leonard, and wife, Annie Lee Leonard, Naomi Thomas and husband, ORDER OF SALE J. E. Thomas, et al, ex parte. This cause coming on to be heard upon the duly verified petition filed herein and being heard, and it appearing to the Court that it would be to the interests of the petitioners to sell the marketable timber now standing and being on the lands described in said petition to Barnes Campbell for the sum of $1,300.00, cash, at private sale, as set forth in said petition, and it appearing to the Court, and the Court finding as a fact that the offer of the said Barnes Campbell represents the full, fair, and adequate value thereof and more than the same would bring at a public sale. It is,~therefore, ordered, decreed and adjudged by the Court that said timber be sold to the said Barnes Campbell for the amount and upon the terms of his said offer, at private sale, and that be, and he is hereby, appointed a Commissioner and to execute a deed conveying said timber and granting the rights set forth in the petition herein upon payment of the purchase money, and to report ia herein to the Court. This the day of July, 1956. pha LOVALK shld) Cl¢rk Superior Court. North Carolina In the Superior Court Iredell County Before the Clerk E. 0. Leonard and wife, Annie Lee {| Leonard, Naomi Thomas and husband, | REPORT OF COMMISSIONER J. E. Thomas, et al, ex parte. TO JOHN L. MILHOLLAND, CLERK OF SUPERIOR COURT: The undersigned Commissioner,heretofore appointed by the Court, respectfully reports, that,pursuant to an order of the Superipr Court of Iredell County, North Carolina, entered in the above entitled Special Proceeding, he has this day sold all of the marketable timber now stand- ing on the lands described in the petition herein to Barnes Campbell, at private sale, for the amount of his offer, to-wit? One Thousand Three Hundred ($1,300.00) Dollars,that said purchaser has complied with the terms of sale by paying the full purchase price in cash, and that your Commissioner has executed and delivered to said purchaser a deed convey- ing said timber and granting the rights incident to the sutting, sawing, etc., thereof set forth in the petition. WHEREFORE, your Commissioner respectfully recommends that said sale be confirmed. This the & day of July, 1936. Commissioner. North Carolina In the Superior Court Iredell County Before the Clerk E. O. Leonard and wife, Annie Lee Leonard, Naomi Thomas and husband, DECREE COMFIRMING SALE J. E. Thomas, et al, ex parte. This cause coming on,to be heard, and being heard before the undersigned Clerk of ourt for Iredell County, North Carolina, upon the report of ,» Commissioner heretofore appointed by the Court; And it appearing to the Court that said Commissioner, pursuant to an order entered herein, has sold to Barnes Campbell all of the merchantable timber now standing on the lands described in the petition herein, eat private sale; And it appearing that the said Barnes Campbell has fully complied with the terms of sale by paying the full of the purchase price of $1,300.00 in cash, and that said Commissioner has executed and delivered to the said Barnes Campbell a deed conveying said timber and granting the rights incident to the cutting, sawing, etc., of said timber as set forth in the petition: It is, therefore, ordered and decreed that said sale be, and the same is hereby, in all respects comfirmed. It is further ordered by the Court that said Commissioner pay the costs of this proceeding, including an attorney's fee of $25.00 to Raymer & Raymer, attorneys, and that one forth of the remainder of the proceeds of said sale be paid to each of the petitieners E. 0. Leonard, Stella L. Moore, and Naomi Thomas; that mrs. Lena Leonard be paid the sum of $71.07 , Which the Court finds to be the present cash value of her dawer idterest in the one-fourth of the proceeds of said sale to which the widow and heirs at law of Clarence Leonard are entitled, the Court finding that the said Mrs. “ena leonard is now 52 years old, ang the remainder of the said one-fourth of the proceeds of said sale be divided equally among the said children and heirs at law of Clarence Leonard, to-wit; Corrinne Lippard, Mary D. Fonville, Elizabeth Leonard, Charles Edward Leonard zel Leonard, J Leonard, Roslie Leonard, and samuel Leonard. Aur Yerusie * This the 3 day of July, 193 , Clérk Superior Court The foregoing orders and decrees of John &. Milholland, Clerk of Superior Court for Iredell County, North Carolina, are hereby in all respects approved. and confirmed. This the 3 day of City DEPARTMENT OF CULTURAL RESOURCES DIVISION OF ARCHIVES AND RECORDS ié CERTIFICATE OF AUTHENTICITY This is to certify that the micrographics appearing on this film are true and accurate reproductions of records originated during the normal course of business by the Iredell County and consist of Timber Records 1902-1936 The records begin with®.2 0SY. 9 a’.02 Vimbser Reetrdy JF 02 and end with_(.R.05¥, 926, od i mbty Recercto) 1436 It is further certified that the above records were microfilmed in conformity with the provisions of the General Statutes of North Carolina, chapter 8-45.1 and 8-45.4, "Uniform Photographic Copies of Business and Public Records as Evidence Act"; that the microphotography processes accurately reproduce the records so microfilmed; that the film forms a durable medium for reproducing the original, if necessary; and that the film used conforms to American National Standards Institute, Photographic Films-Specifications for Safety Film, ANSI IT9.6-1996 and American National Standards Institute, Imaging Media (Film)-Silver Gelatin Type-Specifications for Stability, ANSI / NAPM IT9.1-1996. This is further to certify that the microphotography processes were accomplished by the undersigned on the date and at the reduction ratio indicated below. Date filming of this reel began 6- /7- 7_3 Reduction Ratio VATIOUS Date filming of this reel ended 6- /3- 73 Ap Mh) Soubrelor _ Microfilm Camera Operator