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HomeMy WebLinkAboutEstate Records 1790-1970, Campbell, Elijah 1864"Ty ° a. oO “4 ~ » = ~ cS a oO = bO $ 8 ‘ie as er I Yar aa Ee ey ee No. 8—Bond for Costs- -Printed and for sale by & Broughton Printing Company Raleigh, N. C afedeli COUNTY—Iwn rue Superior Covrr. .. wh Se wm sae -wEINP OBL L ..... Plaintiff AGAINST BOND FOR COSTS #tttrain vaimpbeit 4 valpoett , wAaey ey _~ BNP DELL, LS... wh ~--#-US 8D) wa Licey, vewewG8D0,. wite uyal SOD, Defendant *~1QSS1ie wilhis a 2 Ss Otten ee od : ys < “ , , the plaintiff and....<& 2 and our exceutors and administrators, are bound to the defendant udia waoDd mal “a npoei o-» abi ae ula Zory., -“¥OUSO@ND.~.arKeer >“ et et @D2 in the above-entitled sotiontid the sum of Two Hunprep Dou ans. This obligation to be void upon the condition that the said plaintiff shall pay to the defendang all sueh costs as the defendant.3... mav reeover of the plaintiff in said action. Otherwise to remain in full force and effect, Witness our hands and seals. this 3 day of 8 Oruar) ; . 1914 In the presence of ; Norm. Ca uftl Seal) ‘ " Ct iar af’ / hiy rh f tt d Vos t-te Plr11 = dateci A Hg at Se png’ TAT EPI MAM ge, Vy, “4 Yrs Af z or J ?’ Yah JA ieitiialeailiiaibi (Seal) , fp - bf bar 4 ‘athe , - (Seal ) / STATE OF NORTH CAROLINA. On this day of 191 , before me personally appeared and , to me known to be the persons who executed the foregoing Bond, and personally acknowledged that they did exeeute the same, And the said and. heing duly sworn, severally say, each for himself, that he is a resident and -holder in County, and worth double the amount of the foregoing bond, exclusive of property exempt from execution, and over and above all liabilities. Clerk Superior Court S...«iliiaim BUD bel us wuts Alp eL 1 J #6 vV a m p o e i l Pl a i n t i f f . . ot h e r s De f e n d a n t I he r e b y ap p r o v e of th e su f f i c i e n c y of th su r e t i e s of th e wi t h i n Bo n d , an d su m m o n s is s u e d re e r rd i ng l y . Cl e r k Su p e r i o r Co u r t . Ca m p b e l l , El i j a h Fo l d e r | 18 6 4 co =~ = os 3 ae a o [T) & _ P9 8 | SUMMONS FOR RELIEF.—Judge.—Printed and for sale by Brady Printing Company, Statesville, N. C, Beep County—In the Superior Court. SUMMONS FOR RELIEF. OLE CLL pene gp eee Soe he eee na ines oy -~ State of North Carolina. To the Sheriff of Yl What HA, County—-GREETING : GET... Be Superior Court, at a Court to be held for the County of : at the Court House in AZ 7 4 _— ao / oo : I & oy fo KAA MES. 2acltes yn thes9.==.Monday after the..2 LEO» J WD ay the same being the £4 - “day OF, ninteegutate J tab scseue 191<7_., and answer the complaint, a copy of which will be deposited in the office of the Clerk of the Superior Court for said County, within the first three days of said Term, and let said Defendant take notice if they fail to answer to the said complaint within that time, the plaintiff will apply to the Court for the relief demanded in the com- plaint. Hereof fail not, and of this summons make due return» Given under my hand and seal of said Court, this..2-2___ day of | Jo p j o 4 ye l y y yo q d w e s y ~~ ~ — ‘A O M O W Y 8 yu u 7 / M Pe a t a v a y S 93 Jo “ BH 0} 2[ q e u I n j o y ae , A 2 7 js u w b y p IS ~~ —! 4 d SN O W A W N S JO yA N O D s0 L I e d n AV U T L O Y ) Hi i ~3 > f eo > @ “U L L O fe ee e “& > i < dd I T I A YO jo vep- sty oul JLOJOq Peqtiosqnus pue 0] UIOMG ‘SUOTNOIX Woay ydutexa Aysodoad pur SOUTIGRT, “S}qop sty eaoqe pur avao SAB|jOP Peapuny omy Jo wns ot} YOM ST ay SXeS IOMS sulq ~~ Te ee ee —— "[Basg ) { “RAG } *[Rag yous [je ~~ SUBPIOTOG ey Sed [eys-~ “PlOA aq 0} “SABO ~~ jo <up-- SIU} ‘s[vos puv spuvy ano ssouyr \\ “UOWO SI UL ~---~--YryUIe_g ey) Jo AaAo0er ABU ----- JUBPUIJaC] BY] sR ysoo ieee: ‘WAIMOY a §O WINS 84} UT ‘TONE sty) Ut ~"~“yuRpuazacy ayy ~~“o7vUN punog SOA [dSINO a5pe|Mouyoe OM ‘fiqunog- one (VYNIIOWVO HLYON 40 aALV.LS ‘JANOD sorsadng ayy uz fe Sidaare SE Ee Behe Bes BE ey, No. 48C—-Summons for Relief.—Printed and for sale by Edwards & Broughton Printing Co Raleigh, N. C. Cr iia tai ~feaelt COUNTY—In true Superior Court. wilbtiain. Campbell dfun! denpbeil 9--- se Bo way vanpbell,woiS svregory,.osepn sarkey, AGAINST Summons for Relief 1 Q i) vemew@DD ~ Wite uydia pebb, ,iossie wil AS Muliist F-tor dtieLsco—_— STATE OF NORTH CAROLINA T’o the Sheriff of aredett County—GREETING: You are Heresy ComManvep to summon ahh LOU. BNP QOL ,.. net O2F...00LUMpISL...d8 i> QSL yl So--- AF-S GPROLL,---wOisS-uwrerory,.....vYSeOPN wars BY ALE-webD 5-2 tO8S10--wibi8- Ando. obbis | Jo p j o 4 J “e q d w u e y the defendantS... above named, if ....he.¥.. be found within your county, to be and appear before the Judge ye l i y of our Superior Court, at a court to be held for the County of --£¥O0G0.1.4--- , at the p9 8 i gt . : aa courthouse in.......LALESVILLe.... ionssvoneny ORE GEIB J ....... Monday.....2F& Monday of MH... a , it being the....+7 Cie day of........-“9 and answer the complaint, which will be deposited in the. office of the Clerk of the Superior Court of said county within the first three days of said term; and let the said defendants... take notice, that if fail to answer the complaint within the time required by law, the plaintiff. will apply to the Court for the relief demanded in the complaint. Hereof fail not, and of this summons make due return. Given under my hand and seal of said court, this... Clerk Superior Court. or ieee ad he Se ew are eg ) “T Y io r r e d n e ¢ a e 3 =) cc Ss @ ne (T} m2 — ag a IO F yA N O D ‘A O M I O N Y SU L T DI T O IL O FH T *“ A y u n o yt 1a S 9q } jo — I6 L “U L I T, Ja I T A Y YO A SN O W W N S el m a PO s ! 5 { [vdy ) nore Se oahican once vviniemmtircdarets ae eee ee = . "Sty ‘s[Ros pues spuey ano Sssouyr \\ MOTO’ SIqy ut "yard ey} JO AaAov0a Avut ~*~ “‘JUBPUOJop OT]} SB s}s09 Yous [|v ~~-yuLpuazop on) 0} Lud [[@ys | 4J o p j o ye l i y y “j e q d u e ) b9 8 aa ; ‘ 1 | : ee NORTH CAROLINA, Iredell County. ) wey M? I. Campbell, Plaintiff, @VSe Wm. Campbell, Columbus Campbell, COMPLAINT, Mary Campbell, Lois Gregory, Joseph Parker, J. W. Webb, Lydia Webb, Flossie Ellis, John Ellis, Oscar Stimpson, Defendants, The Plaintiff complains, and alleges: I. That Elijah Campbell late of the County of Iredell, died intestate about 1660, seized and possessed of the following described lands, situate in the County of Iredell and described as follows: "Situate and being in the County of Iredell on the waters of Hunting Creek, adjoining the lands of Greenberry Gaither, Joseph Albea, John Carlton and Joseph Forcum and others, containing about 426 acres more or less,” gud finer ow Ue ‘ Loam Pine Lend? leaving him surviving the plaintiff as his widow, Milus An wr ye Campbell, Frierson Cam bell, Elizabeth Campbell, William Campbell, Lewis Campbell, and Louisa Campbell, who has since intermarried with Greenberry Hayes,as his only heirs at law. Il. That the plaintiff as the widow of Elijah Campbell is entitled to dower in said lands « the same never having been assigned. IIl. That Milus Campbell, late of the county of Iredell, died intestate on the day of —————--FL3 leaving him surviving, J. A. Y. Campbell, Cora Booe, Anna Hayes, wife of William Hayes, and Lula Smith, wife of . Smith, as his only heirs at law, | =~ Y a. ao = a) > 3 = oc a o [T) = — PO s IV. Elvira and That/Eliza beth died intestate without issue. Ve That Frierson Campbell died intestate, leaving him surviving as his only heirs at lew, William Campbell, Columbus Campbell and Lois Gregory, daughter of John Campbell, @ deceased son. vi. That Lewis Campbell died intestate leaving him surviving, a daughter, Sarah Campbell, who intermarried with Renshaw; Board Campbell who died intestate leaving him surviving Marie Campbell who intermarried with Sev Burgess and Claude Campbell as his only heirs at lew; Lum Cmmpbell who died intestate leaving him surviving John E.: Campbell, Clay Campbell, Cora Campbell and Blanche Campbell, who intermarried with J. B. Parks, as his only heirs at law. vil. That William Campbell died intestate leaving him surviving as his only heirs at law, Milus Campbell, Jennie Stevenson who died intestate, leaving surviving her as her only heirs at law, Richard Stevenson, Egbert Stevenson, Lora Stevenson, Lena Stevenson who intermarried with Weston; Rufus Campyell who died intestate leaving as his only heirs at law, Lula Campbell who intermarried with Tomlin, and W. F. Campbell and Walter Campbell. Vill. That the interest of all the heirs at law in the estate of said Elijah Campbell, is now xm in the defendant, and os such, are in possession of said land,claiming to hold the same as such representatives. "sy o Qa. oO = C) = a o s 2. mm = = p9 8 | IX. That the plaintiff was married to Elijah Campbell about the day of aati Ge. and they lived R ‘tf together as husband and wife until the time of his death, wipe ifthe “Get, on the ie day of Po dimrteee 1899, she gave birth to Leuisa Campbell who intermarried with Greenberry Hayes, the issue of said marriage. That a short time prior to the birth of said child, on account of a disagree- ment with the children of the said Elijah Campbell, by a former Ke marriage, she went to her father's who lived nearby in order RQ’ to be quiet and to give birth to her child, where her husband regularly visited her and supported her and her child, until xmm his death. That after his death, W. T. Gaither administered upon the estate. That on account of the great confidence that plaintiff had in the said W. T. Gaither, and for this reason, consulted him as to her rights in the estate of the said Elijah Campbell, and that he advised her that there was nothing ° for her, and she was ignorant of her own rights until during : the last year, when a controversy arose and litigation follow - ed over the estate of Elvira Campbell, one of her step-children, and that as soon as she ascertained the facts, she consulted a counsel, and brought this suit ..” That the defendants, with f the exception of Louisa Hayes, have been in the actual poss- ession of these lands, and have received the rents and profits therefrom since the death of the said Elijah Campbell, and that the value of the said rents and profits therefrom are worth $500.00 per year, from which the plaintiff has received nothing, and to which she is entitled as such widow. he Wherefore, plaintiff demands judgment for an accounting of the rents and profits received by the defendants, and that her dower in said lands be alatted, and for such other and further relief as she is entitled to in the premises. Attorneys for Plaintiff. -3- “ =~ 3 oe 3 x 2. T) = os po s ! Mary L. Campbell, being duly sworn says that the facts set forth in the foregoing complaint, are true of her own knowledge except those matters and things stated on information and belief, and as to these, she believes it to be true, Sworn to and aubscribed before me this p= day of fine. 1919. a en Ly it Mecatt 2p pide Llde an Oe Seak ie North Carolina } In the Superior Court | Iredell County § As of May Term, 1919 19... oe n ( ‘ <Wm. Campbell, Columbus Campbell, | Mary Campbell, Lois Gregory, 4 Parker, Wedt, Flossie +. Oscar Stimson. Of the above fia wr? " At . Campbell, Mary “Ti © a oO = cr =~ = —> cs Ss cA (T) = — 0} p9 8 l to the first paragraph of the complaint, except tnat the said go qarne Lalning about rN "sy, .- vount7. untrue, 0 + vO they admit th: hird paragraph thereo have not Knowledge or informa tior co er as to the accuracy of wl Sufficient to form &@ beli th parerraph, same, That they heve not knowledge or information as to the accuracy of the allegations set forth in the Seventh para- eraph, and, therefore deny the same. Se That the allera tion contained in thereof is untrue as therein alleged, deny the same. defendants are ned in the erei Y) 4a “— oS Qa. o = S > = —~ cS a 2. tT) = - p9 8 i Session of lnnac a Ce sd dafends +a nA ‘Sr.endants and ontinuous, color of under known boundar 8 peaceful possession snd Occupancy, and t 1¢ Said lapse of time ana the Statut Limitations in 440—0 bar of any recovery of said lands or FOUXTH: That these de ‘endants,a they Sans Ciaim, have been in the exclusive notorious and continual "T) ° Qa. @ a 8, & = aa 3 Ss £2 tm = as p9 8 ! to be recovered under known ané isibl lines and boun- + daries adverse to all other persons for more than twe years, and these defendants specially plead the same, lapse of time and the Statute of Limitations in bar recovery in this action. PIPTH: That had or ever ha y interest in the lands described & \ + xy u, + \ vLne petition more than ten years has elapsed as her right of action accrued and lapse of time and th recovery in this action. Having fully answered demand that they go wit day such other Ca m p b e l l . El i i a h 18 6 4 Ca m p b e l l , El i j a h 18 6 4 Oe ie Ca m p b e l l , El i j a h 18 6 4 2 5, & fg i ; . 7 th Cease (Yer Grr ett y hee Z ah tt tne. Celi seen ope cbt 4 Z can, ZZ tof / ,, oe ait Limes / ; i Pave. et Sa TV ee cece YL ae / “7? ~ v rvorioms = MeJaee 2 Pater wv V 7 Q-tt Sena a LG eer es ee ~“<c—t f PT mi Geer a. >t 1. = pes 7, at 7 a a @ @ ‘@) > S 3 x 2. ey = _ po s ! Ca m p b e l l , El i j a h 18 6 4 Fo l d e r | "Tl o a @ * e 2 s cs Ss o tT = s p9 8 I itt. North Carolina, In the Superior Court, Iredell County May Term 1919. Mi. L. Campbell -vs- ANSWER. william Campbell et al Oscar Stimpson, one of the defendants in the above entitled action, answering “kerotalatite, alleges and says: first: That he has no accurate knowledge or in- formation sufficient to form a belief as to the matters contained in the first peragraph of the complaint and there- fore denies the same. Second: He denies paragraph 2, except he admits ~~ lw that no dower has been assigned #e said land, Third: That he has no knowledge or information sufficient to form a belief as to the third paragraph, and therefore denies the same. Fourth: That he hes no knowledge or information sufficient to form a belief as to the fourth paragraph and therefore denies the same. Fifth: That he has no knowledge or information sufficient to form a belief as to the éllegations in the fifth paragraph, and therefore denies the same. Sixth: That he has no knowledge or information to form a belief as to the accuracy of the allegations con- tained in the sixth paragraph, and therefore denies the Sale. Seventh: That he has no knowledge or informa- tion as to the accuracy of the allegations set forth in the seventh paragraph, and therefore denies the same, Eighth: That he has no Imowledge or informa- tion sufficient to form belief as to the accuracy of the ellegations in the eighth peragreph and therefore denies the same. * - “Ninth: That he has no knowledge or information - sufficient to form a belief as to the matters and things set forth in the ninth paragraph, and therefore denies the same. and further answering said complaint this de- fendant answers and Says: First: That he is advised and so alleges thet Hi, L. Campbell, the plaintiff, is not entitlea to the Aacver he 4. land described in the petition and that she is not enti- tled to the rents and profits therefrom Since the death of Llijah Campbell. Second: This defendant admits that he is in possession of a tract of land situated on Yutchman Creek, containing 120 acres, more or less, and being the land conveyed to him by ¥. L. Stimpson ana wife, by deed dated the 5th of February, 1918, and recorded in Book 61, page 209. And he especially denies that plaintiff hes any Sea} ° a. oO = “ po) 3 cs s o tT = = c interest in said 120 acres, or is entitled to any rents and profits arising therefrom. Third: That the defendant, S. 0. “timpson, $9 8 1 and those under whom he claims, has been in the contin- ual, peaceful, and quiet possession of said lands, ten- ements, and hereditaments, claiming, using, and occupy- ing the lends as his own, and those under whom he claims under color of title for the spece of 7 years or more under known bounderies..The title thereto being out of the state, which he pleads in bar of any recovery of said jand or any part thereof, Fourth: That this defendant and those under whom he claims title, has been in the open, actual, ad- verse, exclusive, notorious, and continual possession of the lands described in the answer, under known and visable lines and bounderies, adverse to all other per- sons, for more than 20 years, and this defendant pleads the same and the Statute of Limitations in bar of any recovery in this action, o ~ = a 3 Ss 2 tr és: p9 8 ee, Fifth: That if the plaintiff had or ever had any interest in the lands described in the petition, more than 10 years have elapsed since her right of action, he alleging that her husband died intestate in 1860, and that she brings this action at May Term, 1919, he therefore pleads the Stat- ute of Limitations in bar of any recovery in this action. Having fully answered the plaintiff, he demands that he go without dey and recover his costs and such other relief as he may be entitled to. Att'y. for S. 0. Stimpson. S. 0. Stimpson maketh oath that the foregoing uuswer is true of his own Imowledge, exeept those matters and thing stated on information and belief, and as to those he believes it to be true. Sworn and subscribed before me this the day of Yeptember, 1919, f ( [ LMA) [Aery ae ee aoe 7 -—— oo ee ae dit /, 4 ¢ y <.. Ca m p b e l l , El i j a h 18 6 4 Fo l d e r | “ea ° Qa. oO e >» = 7 as} s 2. tT! = — po s i SUMMONS FOR RELIEF.—Judge.—Pp rinted and for sale by Brady Printing Company, Statesville, N. (. County—In the Superior Court. ea State of North Carolina. To the Sheriff of YOU ARE HEREBY COMMANDED to summon aD the defendant_¥ above named, tp found within your ( gur Superior Court, at a Court to be held for the County of — . 3 » after the... ___ Monday of ~, ; f 7 > : : oo : the same being the. Z a Oh «AR saMtkwcta. Lo. 191 Z_., and answer the complaint, a copy of which will be deposited in the office of the Clerk of the Superior Court for said County, within the first three days of said Term, and let said Defendant sibaspui atid thas fail to answer to the said complaint within that time, the plaintiff will apply to the Court for the Fétief demanded in the com- plaint. : Hereof fail not, and of this summons make due return. ~ £ Given under my hand and seal of said Court, this 2-46 day at’ hate yUBpUeEzac] ey} su 4800 jsupby ; SU M M O N S FO R RE L I E F . " Re t u r n a b l e wo do e E of th e Su p e r i o r Co u r t oe ci e s , oJUN PUNO S9A[oSINO sSpeymouyow 94, “SIY} eM 2LOJOq Poqisosqns pue 0} uIOMg ; VNIIONVO HLYON JO ALVLS *fhyunog---- Salar aaah as de salon ar yO in nse * of 4 [ meme ee ee eee eeseseecacecn ‘suOI}noexe WOM ydutexe Ajsedoid pue sorjtqer ‘s}qep sty eAcqe puke aso “HOTjOB SITY} UT ~-~~~~yryUrelg ay} Jo taaovea Avut ~--~-- PE he eo no eae, eee ee ae Jo Avp- Pee *pAn0Q sorsadng ay} uy Te Ee a ae ee ae en ee ‘s[eos pue spuey ano SSOURT AL i i i ' ' ' ' ' ' ' i i ' ' ' j ' ' i ' ' ' ' ' i ! ' ' ' ' ! i ' i ' ! = % be e = a) Dn a cS 5 He 5 & a a o be e aR = ° 3 co > 5 > @ n = 3 5 ° > - Ss = ° = S a a & Qu an? ) eae en enna anan------------------------ “PIOA aq 04 eS ee ee UInS 9} UT ‘aorj0R Si} Ul ~~" ~puBpusyacy 9y} yous [[@ ~~~-~~yuBepuejeq eq} ed ee ee creer cee Om ce a oy} jt ‘TOAQMOY (‘jReg) >> RE PENN te er ee ee ee ([B9S SuB][op Ca m p b e l l , El i j a h 18 6 4 Fo l d e r | Tl o a. @ @ oC) $9 Ss co = 2 7 = > p9 8 I Commission to Take Deposition, —Printed and for sale by Brady, The Printer, Statesville, N. C. NORTH CAROLINA, COUNTY. In the Superior Court. STATE OF NORTH CAROLINA, To F! ro ’ GREETING: We, reposing _. trust and confidence in your integrity, do authorize and empower you to mee LG te to appear before you at such time and place as you may oe and 4 J). ¥. On hbith to examine touching all such matters and things as shall know of concerning a certain matter of controversy in our Superior Court Meh NM 7 for the County of LER pending, wherein ™ a : Cacu Li tJ plaintiff and Puc ) Car fplectt Ahk at ne the deposition in writing, by you so : , taken, the same to transmit, sealed with your seal, to our Superiot Court, to be held for said County the /? 2. day of BH & pe 19920 — \ / A Witness _ C/V ZCI ey of said Court, at office { ) ME, . County tie 2 2 S 1920 — 0 AMlaituty, Clerk Superior Court. , on Ca m p b e l l , El i j a h Fo l d e r | 18 6 4 ta o Qa. o = @. =~ 3 - 3 s fo tT) = a b9 8 | worth varolina, 4m wuperior court. ivedeli vounty, moeuevanpbell "Se ) wOtice to defendants wemevampbdell, J.vampbell ary vampbeli, w0iS vregory, Joseph #Orker, Jenenebb, and uydia »webb, .possa willis, vohn willis, Usear wtimpson, vr .'.b5.Gaither } vdn. uois Jregory. wehayes, 20 somevampbetiy—-esampbeli Wary Jumpbeii— { in leposition. s0tS-vregery, rOSCPITUTCLOPY,<eueusbd, vaither *eosyuuardian uois vregory ner, and / i aCuaughiin. uytia- webb, .iossa nllis, John wihis, o-~eu8VeS, or their attorneys, ..Jelur «ake notice that on the <éznd uay of april iv20 at 12 o'clock ue Gnd thereatter at the residence of Veisuayes and wite 1. uayes in sagie wills sownship ,iredeli vounty j,weve and being adout one miie sast of nOustonvilie, J.C. and on or near the «ublic road ion South side thereof, leading from ~OUStONVilie via 2evensenneday's pesidence to mOCKSVillE, Weve ve tore~-4% Journey commissioner,the undersigned wili take the aeposition of .irs. wGlyY se vampbell and others to be read aS evidence for the Plaint iff in the above entitled action which is now pending in the wuperior vourt of tLredeii vuunty wtate of Jorth ¢ rolina,and you wiii further take notice that it tne taxing ot the said depo Sition is not begun and compieted of tne Said day the same will ve continued trom day to aay until compieted. -nis the itth. day ot april 1920 w0iton w u.0iton, sJacob stewart, attys for plaintiff. fe ae AV nd 0 (K a l e y Du d ty De t e r Wh pi l l a r Ru p e Cg OM - po Aa EO E A ‘i re t , Pa Ch i n , : fo o pi d 9 [9 4 Ca m p b e l l , El i j a h 18 6 4 Fo l d e r |! “Ti ° Qa. o C) ~ = a <3 Ss oO 7 = $9 8 | North Carolina In the Superior Court, Iredell County, WEA XR KX EKXAEK, -againste M. Le. Campbell et als, DEPOSITION against W. My, Campbell et als, Pursuant to the annexed commissibn to me directed I, Buren Jurney, commission under the authority thereof on the ninthxday twenty ninth day of April 1920, to which time this case was continued at 12;00 M, at the home of G, I, Hays in said county and state both plaintiff and defendant being repree sented by Attorney proceeded to take the depositiion of Mrs, M, L. CampbBll, the plaintiff in this cause, who being firet duly sworn to speak the truth between the daid plaintiff and defendants deposes and says; Direct examination by Jems Stewart, Esq, Attorney for Plaintiff, Qe What is your name? A ,. Mary Louisa Campbell, Qe What is your age? A. Ninety one, Qe What is the condition of your health, Ae I fell and hurt myselif,and broke my hip, Qe Will you be able to attend court at Statesville, N, C,. any time this year, A. No I would not, Qe What is the distance from here to Statesville, the county seat? Ae Eighteen miles, Qe Have you been married, if so, whom did you marry? A. Yes, Married Elijah Campbell/ Q. Who married you? Qe Who married you? A. Isom Gaither, Esq. Whewe Qe Where were you married and who was presetn, A. I was married at my father's I do not remember who was present, Qe Where did he live? A. Iredell County, Qe When were you married? A. About ten years before my husband died, Qe When did your husband die, Ae During Civil War, Qe State whether any childred were born of that marriage and if so their names? A. Mm Sarah Louisa Hays, wife of Greenbery Hays, Q- When was Louisa Hays born? Z0 Ae e2 Qe Where were you when the child was born, Zz Ae I was at my father.s, I went there to be confined, =. Q- Why did you go there to beconfined? — Ae Because, Bet, oneof her husband's daughters said if I staid b ther to have it she would drown it, Qe Who came to see you and support you and your child while you were living at your father's ? Ae ElA jah Campbell, my husband, came to see me and supported me and my child while I was at my father's, Qe How long before the child was born did you go to your fathers &. I went in November and she was born in December, Qe About how long after the child was born before your husband died, A. About three or four month, the next year after the child was born, Qe About how far did your father live from “11 jah Xampbeéll, As About three miles, Qe State whether you lived with “lijah Campbell from the time you were married till he died, A. . Yes, ty Fz O a a = Cy ~ = = = cS ss oO — D> = bo s oe Qe Who mbjmxtetx administered and took charge of the estate of Elijah Campbell? Objection by Defendants, Ay Will Gaither, Qe Did Elijah Campbell own lands at his death? Ae Yes Sir; Qe Was any dower ever allotted to you? Ae No, Wrexliuxyouct atixtexabent Qe Did you get anytking out of the Camphell Estate? A. No, I never got anyghing at all, Qe Why didn't you get anything? A? Got nothing out of the estate and they said there was nothing for her, Qe When did you find out thate was something there for you? A. When they were working with the Dave Campbell estate a year or two ago, Qe Was that when you brought suit? Ae Yes, Qe How did you find out that there was anyghing there for you? Objection by defendant, A. I consulted Attorney and they advised me that there was, Qe Who did you say was managing Elijah Campbell estate after his death? Ae Wigkkcee t Rexx Krk heerK Will Gaither Fryason Campbell, Qe What akin wae Will Gaither to “lijah Campbell? Ae Brothers-inelaw, Qe What akin was Milas Campbell and Fry Campbell to William Gaither? Ay He was their Uncle, Qe State whether Vira Campbell and Elizabeth Campbell fet’ any children, A, No, Qe Is “illiam Gaither deaa? Ay Yes, Qe Are your father and mother dead, Ae Yes, wes Q» Who was living at your father's when you were during confinement, A. My father and mother and sister and thy are dead, x ; Wx. GH t SZ Coun, JPehc’g Subscribed and sworn to before me this the 29th, April, 1920, Es) oe I a otary PRET ¥ ¢ My com, expires 1/20/22 | J9 p j O 4 ye t ‘y o q d u e s y po s i "Tl ° Qa. oO a] oo a =) 4 =I cs A fo ery y Sg b9 8 | Honor, the Cour olaintiff can plaintiff in said defendan Campbell. judgment of and thet the to the defend: Je eo ebb, ( Campbell,et to be heard before é nd it appearing ers of difference between fendants, J. ii. ebb and defendant W. B. Campbell, promised and settled in full, the open court takes ea non-suit as to the ts, Je ii. Webb, Lydia iiebb, and 4 ‘ ? “«e +e It is the: order ind adjudged that tered egainst the plaintiffs y the cost o he action eas nl iercin nomed. Ca m p b e l l , El i j a h 18 6 4 Fo l d e r | fe ee Pgh Foe 2/ atin Ge, ane O ce 3 ae 3 Ss 2. ez. = _ « D + Ca m p b e l l , El i j a h 18 6 4 Fo l d e r | Ti ° row @ ® -Q > 5 a 3 x £. tT = s b9 s l E...d for sale sale by _Brad tatesville, North Carolina. STATE OF NORTH CAROLINA _ To the Sheriff of County—GREETING: You argt Heresy COMMANDED To SUMMON Judge: of Manna 8 eae at the ext Court to be held for our said county at the Court House in Statesville, North Carolina, on the sew auelily 1920 __. 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 Defendant_a_. And this you shall in no wise omit, under the penalty preseribed by law. WITNEss OLE: Of Gyr ~<sni Court, at office in Statesville, N. ©. J Jd - ay ° . ‘ a a —— — ~! _ ac l LL SUBPOENA--Civil, ) ~ 3 as cS x @ m = = oo O + © 2 3 oe zc Ss 2. ey = o p9 8 NORTH CAROLINA : IN THE SUPERIORCOURT, IREDELL COUNTY NOVEMBER TERM 1929. Le E, Hayes, Admr. of M. Le Campbell, -vVs-~ JUDGMENT. Wme Campbell, Columbus (D. C.) Campbell, Lois Gregory, and others. This cause, coming on to be heard before his Honor, A. M. Stack, Judge, presiding, and being heard by his Honor and a jury, and the following issues having been submitted by the Court to the jury to-wlt; lst Issue; Was Mrse Me Le Campbell entitled to dower in 2/3 of the tract of land left by her deceased husband, Elijah Campbell, containing 2223 acres of land, a part of the old Elijah Campbell land of 426 acres, as alleged in the complaint- being the 184 acres, or thereabouts, now in the possession of Columbus Campbell and Mrs. Lois Gregory? Ans. énd Issue; If so, for how long a time was she entitled to dower before her death? Ans. And the jury for their verdict, having answered the first issue "Jee" and the second issue, “From February 5th, 1916 to March 3rd, 1921". It is, therefore, on motion of Jacob Stewart and Lewis & Lewis, Attorneys for the Plaintiff, ordered anda adjudged that the Plaintiff, L. E. Hayes, Administrator of M. L. Campbell deceased, re- cover of the defendants, Columbus Campbell and Mrs. Lois Gregory,the rents and profits from 2/3 of the tract of land left by her husband, Elijah Campbell, containing 222% acres of land, a part of the old Elijah Campbell land of 426 acres, described in the complaint, being the 184 acres, or thereabouts, now in the possession of Columbus Camp- bell and Mrs. Lois Gregory, from February 5th, 1916 to March 3rd, 192\a, as damages for the detention of the dower of Me Le Campbell, plaintirfr intestate, by Columbus Campbell and Mrs. Lois Gregory, defendants; <M c) ~ 3 3 s @. tr = = p9 8 1 It is further ordered and adjudged, that LT q ¢ en be and is hereby appointed Referee, to take and state an accounts of the rents and profits from the 184 acres, Or thereabouts, now in the Possession of D. C, Campbell and Lois Gregory, as hereinabove set forth, and that said Referee report his findings of facts and conclusions of law to the next term of this Court, and that the Plaintiff recover of the defendants, D. o, Camp- bell and Lois Gregory, the sum of $ » the cost of this <eesceneaneenstnenenenncnnanee action, to be taxed by the Clerk of this Court. This cause is retained for further proceedings, St OH, OF eefC a g© Presiding Ca m p b e l l , El i j a h Fo l d e r | 18 6 4 Me Le . Ca m p b e l l Wm . Ca m p b e l l , Co l u m b u s (D . C. ) Ca m p b e l l , Lo i s Gr e g o r y an d ot h e r s . JU D G M E N T . “TI i, = @ @ -O ce 3 — 3 o 2. tT = - b9 8 | Bn ie i ieee et Se ey CIVIL SUBPOENA—Printed and for sale by Brady Printing Company, Statesville, North Carolina. STATE OF NORTH CAROLINA personally to appear befor MRA LENAAK BE PEAK BAEK KK ILXKAKKERE ty she dil ofor, guy spid cguyjy at the ? e Court House in Statesville, North Carolina, on the #¢De -day of 1X, then and there to testify and the truth to say in behalf of Plaintiffs in a certain controversy before said Court depending, and then and there to be tried, wherein So)» © Supefior Court for Iredell County. CALA cite CQ ~ 3 a ss s o [TI = > ow a & Ed es We ae el DS La Defendant--_-_. —L Sis CIVIL SUBPOENA—P ’rinted and for sale by udy Printing Company, wtcreitiican North munities STATE OF NORTH CAROLINA personally to appear before the Judge of Superior Court, ln ee ne ar Ce ee tL. day sn eae 5 ‘> then and there to testify and the truth to say in behalf of __ in age rtain controversy beforgysaid Court depending, and then and there to be tried, wherein - oe (é- 4, ri Plaintiff Defendant And this you shall in no wise omit, under the penalty prescribed by law. WITNEss . Clerk of our said Court, at offiee in Statesville, N. C., ‘ / j j 7 1 this = tL, day of _¢/*"]—~ ef eananenn ol SG, } / ‘ ue Peters. eee Oly K LIUAL Yh, Las) \ *, ‘ ~ 4 _—_ a Re ae eb Ee ae ab tn ewes es en ap ke ; / Clerk Supgti lor Court for rede 7 Cueite. "Tl 7 ~~ Qa. o = o~ ~ 3 ae © a oO ey oe _ p9 8 ! 7 ° } Qa. ao = “? = = ae sc Ss & T = = b9 8 | ae i aaa AA North Carolina Tredell Vounty In the Superior Court. E. Hayes, Admr. of L. Campbell FINDING OF FACTS AND CONCLUSION vs OF LAW. VD. C. Campbell and Lois egory, @©& al, To the Honorable Superior Courts: This cause having been referred to the under signed Referee by the Superior Court of Iredell County, and in obedience to the order of reference, the undersigned referee, and all the parties interested met in the Court House in Statesville, North Carolina on September 9, 1930, for the purpose of hearing said Cause, when and where the plaintiff was present in person, and represented by Lewis & Lewis, and David Stewart, Attorneys. The defendants were present in person and were represented by C. H. Dearman, Attorney, and the hearings were adjourned from time to time until completed, From the evidence by the plaintiff ana defendants, the Referee finds the following facts: lst. That the reasonable annual rental for the 195 acres of land together with all improvements thereon for the years 1916 to 1921 averazed 4470, 2a. That the profits not including rents from the Droperty which would be for waste committed or timber removed from the property in the amount of $1600 with interest from June 1, 1918, Sra. That the defendants from 1916 to 1921 paid the following taxes. Taxes 1916-436 Taxes 1917=-$6.99 Taxes 1919-38.08 4th. That the reasonable annual rental for the years 1916 to 1921 after deducting the necessary expenses is as follows: 1916-3434, 1917-$463.01, 1918-3470, 1919-$461.92, 1920-4470, and #1600 profits June i, 1918, Sth. That the plaintiff's intestate M. L, Campbell on June 1, 1318 was eighty nine years Old, and the cash value of her expectancy was 9.43 per cent, CONCLUSron OF LAW From the foregoing facts, I find as a conclusion of law, that the plaintiff is entitled to recover a dower interest, which amounts to one-third, from the @efendants in the following sums of money. $454 with interest from January 1, 1917 €463.01 with interest from January 1, 1918 #470 with interest from January 1, 1919 $461.92 with interest fom January 1, 1920 $470 with interest from January 1.,- 1921 | 4J o p j o 4 ye l y y ‘j j e q d w u e s oo on + That the plaintiff is entitled to recover for profits @arned or wastes committed, on her expectancy at eighty nine years of age, $50.30 with interest from June 1, £338, That the defendants are entitled to a credit on the rents for the taxes paid by them, Which taxes have been deducted from the above items. Phat the cost of the hearing before the Referee including the stenographer's fee and the. Referee's fee be equally divided between the plaintiff and defendants. I accompany this report with the evidence, exhibits and papers introduced in the evidence. THIS, 20th day of October, 1930. Respectfully sub ted, Ca m p b e l l , El i j a h 18 6 4 Fo l d e r | ae North Carolina Tredell County In the Superior Court. Louisa Haye Vs FINDING OF FACTS AND C ONCLUSION Columbus Campbell, Lois OF LAW. Gregory, 4%. ai, To the Honorable Superior Court: This cause having been referred to the un Referee by the Superior Court of Iredell County, and in obedience to the order of the reference, the undersigned Referee, and all the parties interested met in the Court House, at Statesville, North Carolina, on September 9, 1930, for the pu pose of hearing said cause, when and where the plaintiff was represented by Lewis & Lewis and David Stewart, Attorneys, The defendants were present in person and represented by C. H, Dearman, Attorney, and the hearings were adjourned from time to time until completed. dersigned From the evidence by the plaintiff and the defendants, the Referee finds the following facts: lst. That the accurate acreage of the tract of land, in question, is 195 acres, (F ound by agreement between the Parties, ) = : 2d. That the reasonable annual rental of the tract of gS | land, in question, for the years 1916 to 1921 is $470 per year, — O&O a Srd, That the reasonable annual rental for the tract = : Of land, in question, for the years 192} through 1929 is %365, a 4th. That th @ profits from said farm Or wastes com- mitted from said frm from about June, 1918, is $1600. PO s | Sth. That the defendants during their tenancy on the property, in question, have made the following disbursements or } Charges for expenees on said farms i Taxes 1916-336 £ Taxes 1917-36,99 * Taxes 1919=58.08 Taxes 1925-367. 76 Taxes 1926385. 38 % Taxes 1927=-386,.9 ‘ Taxes 1928-$84,94 Taxes 1929-$112,35 In addition to the foregoing expenses, defendants have made Prmanent improvements on the expenses for same are as follows? I find that the property and the January 16, 1926, repairs on tenant house ~54, 50, Repairs on well $16.00 May, 1927, repairing and covering dwelling $93. 50, Jan. 15, 1927, wire for garden $15.75. March 10, 1928, roof on dwelling $52.75 January 16, 1928, repariing outer buildings $27.15 January 28, 1928, screens P7285 November, 1928, labor on house and ditching $22.50 November l, 1928, wire for pasture $32.50 Labor 9.00 November 15, 1929, work on house -nd crib ~09.05 In addition to the permanent imvrovements the defernd= ants paid for fertilizer $23.38, 6th. That the plaintiff is entitled to a one~seventh interest in the rents and profits after deducting the dower interest of the Widow, M. L. Campbell. CONCLUSION OF LAW. From the foregoing facts, I find as a conclusion of law, thet the plaintiff is entitled to recover a one~seventh undivided interest from the defendants in the following sums of money. Which sums represent the average annual rental on the 195 acre tract, after deducting expenses allowed by the Referee, Which sums of money are subject to the dower interest of the Widow, iM. L, Campbell, and are to be deducted before actually computing the undivided interest. $434 with interest from January 1, 1917. #465.01 with interest from January 1, 1918. 470 with interest from January 1, 1919. $461.92 with interest from January 1, 1920. #470 with interest from January 292i. 565 with interest from January 1922. S65 with interest from January 1923. 565 with interest from January 1924, 565 with interest from January 1925. ~565 with interest from January 1, 1926. $226.74 with interest from Yanusry 1, 1927. $170.37 with interest from *anuary i, 1926. 135.31 with interest from January 1, 1929. ¥#99.66 with interest from January 1, 1930. That the plaintiff is entitled to recover of the def- endants a one-~seventh undivided interest in §1549.70, the same being for waste committed or profits from the timber cut from the property some time about June 1, 1918, with interest from June 1, 1918, That the defendants are entitled to a credit for taxes paid, which suns have been deducted from the aniucl rental herein, That the defendants are entitled to a deduction for permanent inorovements, which have been deducted from the rentals herein, Tht the defendants are not entitled to for fertilizer paid. That the cost of the hearing before the Cluding the stenographer's fees and Referee's fees be equa y divided between the plaintiff and defendants, I accomvany this revort with the evidence hivits and papers introduced in the evidence, THIS, 20th day of October, 1930, Respectfully submitj%e Ca m p b e l l , El i j a h 18 6 4 Fo l d e r | De NORTH CAROLINA, IN THE SUPERIOR COURT, IREDELL COUNTY. IN TERM. We E. Hayes, Admr. of Me Le Campbell. EXCEPTIONS OF DEFENDANTS To THE FINDINGS -Vs~- OF FACTS AND CONCLUSIONS OF LAY OF THE De. C. Campbell and Lois Gregory, et al. REFEREE. Now comes the defendants, Golumbus Campbell, Louis Gregory, et al, and excepts to the findings of facts and conclusions of law of the Referee contained in his report filed in said cause on October 27th, 1930, the time for filing exceptions having been continued by order of court. a, Defendants except to the second finding of facts wherein the Referee finds that the annual rental of the lands in question for the years 1916 to 1921 was $470.00 per year, on the ground that this finding is against the greater weight of the evidence, for that the Referee should have found from the greater weight of the evidence that the reasonable annual rental value of the land in question for the years 1916 to 1921 '@) >» Ss 3 s &. ey = s did not exceed $100.00 per year. aie p9 8 I Defendants except to the fourth finding of facts by said Referee wherein he finds that the profits from said land, or waste committed from said farm from about June lst, 1918 ig $1600., for that there is no evidence to sustain sid finding, and on the further ground that the Referee fails to find from what source said alleged profits would arise, or in what manner said wastes were committed, and on the further ground that, if the Referee intended this finding to cover timber alleged to have been cut and removed from said land, there was no evidénce that any timber was cut and removed from said lands, or the kind or amount of it, on oF about June, 1918, the greater weight of the evidence showing thet no timber was cut or removed from said lands until some time after 1922, and the Referee should have found, from the greater weight of the evidence, that there was no timber cut or removed from said land until some time after the year 1922, and that the amount so cut amounted to $204.90, and that this was used in making necessary repairs to the premises. S a. oO | - =~ os oe 3 so 2. ez pS - po s l -3~ Defendants except to the fourth finding of facts wherein the Referee finds that the reasonable annual rental value for the years 1916 to 1921, after deducting the necessary expenses, for the year 1916 - $434.00, for 1917 $463.01, for 1918 - $470.00, for 1919 $461.92, 1920 - $470.00, and $1600.00 profits from June lst, 1918, for that the said finding of facts are against the weight of the evidence, and for that the Referee should have found by the greater weight of the evidence that the reasonable annual rental value of the lands for the years mentioned, would not exceed $100.00 per year, and that from this amount should be deducted the credits allowed the defendants in the third finding of facts by the Referee, and for that there is no evidence to sustain the finding of the Referee that there was $1600.00 profits as of June lst, 1918, or any other sum at said date, and in further reference to this finding, defendants point out that, if the Referee meant thereby to charge the defendants for timber cut and removed from said land, if any, that the evidence shows that the only timber cut and removed from said laud was after 1922, and amounting to $204.90, and that this was used in making necessary repairs to the premises, and should not be charged against the defendants. -4- Defendants except to the fifth finding of facts wherein the Referee finds that, on June lst, 1918, M. Le Campbell was 89 years old, and that the cash value of her expectancy was 9.43 per cent, for that there is no evidence to sustain said finding. Défendants obejct to the conclusions of law of the Referee , as follows: we To the Referee's conclusion that upon the facts found, the plaintiff is entitled to recover a dower interest, which amounts to one- third (1/3) from the defendants in the following sums of money: $434 with interest from January 1, 1917 $463.01 with interest from January 1, 1918 $470. with interest from January 1, 1919 $461.92 with interest from January 1, 1920 $470. with interest from January 1, 1921 in that the Referee should have held, as a matter of law, that the plaintiff was only entitled to one-third (1/3) of a two-thirds (2/3) interest in the reasonable rental value of said lends, for the years named, which should not mo ° a oe a eS > = a zc Ss &. tT van 2 a b9 8 I exceed $100.00 per year, subject to the credits allowed by the Referee in his third finding of facts. Du Defendants except to the Conclusion of law wherein the Referee holds that the plaintiff is entitled to recover from the profits earned, or wastes committed, on her expectancy of 89 years of age $50.30, with interest from June lst, 1918, on the grounds that there is no evidence to sustain the finding of facts upon which the Referee bases this conclusion of law. Defendants further object to the entire report of the Referee on the following grounds: «le For that the Referee failed to have the evidence reduced to writing and signed by the witnesses, and if said evidence was so taken and signed by the witnesses, the Referee failed to file the same in this cause, as a part of the record. ae For that the Referee failed to rule on objections made to the testimony of the witnesses, and failed to not or indicate what rulings, if any, said Referee made to the objections and exceptions to the evidence, as appears in the notes of the evidence transmitted by the Referee. WHEREFORE, defeniants pray that the report of the Referee be reformed in the particulars pointed out in these exceptions, or that the entire case be re-referred and re-heard, and the evidence taken by the Referee to be reduced to writing by him, or in his presence, and Signed by the witnesses. l 2 le ® Wicccuk J i An lA is Attorneys for Defendants. Ca m p b e l l , El i j a h 18 6 4 Fo l d e r | co 2 3 cS Ss 2. tr} = _ p9 8 I North Carolina ) In the Superior Court ( Iredell County ) May term 1931 L. E. Hayes, admr. of M. L. Campbell, dec'd Vs William Campbell, Columbus JUDGEMENT Campbell and irs. Lois Grerory, ‘Mary Tampbell and others —_ — we e ee Wahi. D This cause coming on to be heard before His Honor Breed Moore, Judge rresiding and being heard upon the report and exceotions to the report of R. a. Collier, Referee filed by defendant D. Colwnabus Campbell and Mrs. Lois Gregory, and it appearing thet by consent the plaintiff shall heve and recover judgement against the < suaants D. C. Campbell and lirs. Lois 4 Gregory in the sum of THREE HUNDRED DOLLARS and the costs of this action in full settlement of the dower ans rents and profits due the plaintiff and all matters and things involved in said refree's report. It is therefore, by consent ordered and adjudged thet the . plaintiff have and recover of the defendants D. Columbus Camp_ bell and lirs. Lois Gregory the sum of THREE HUNDRED DOLLARS with interest on the said sum at 6% until paid and the further sun of 3 » the cost of this action including the cost and commissioner's fee in deposition and also the cost and refree's fee in the reference to be texes by the Clerk of this Court. fi eae » r ig ee mu V hwo Judge Fresiding By sonsent: "4 / ' ’ ef Zi leeeedlara: - Attorneys for Plgin » Pret 2 mat KAU = Cee Attorney for Defendants Le . E. Ha y e g ad m r : of Me Le Ca m p b e l l Vs Wi l l i a m Ca m p b e l l et al Ju d g e m e n t Ca m p b e l l , El i j a h 18 6 4 Fo l d e r | Bill of Costs—Civil—Printed and for sale by Brady Printing Co., Statesville, N. © Original Summons, or oth original pygec iPcluding all names therein. . AAO, Gc me ee NO. sa Docket_ —________. |] Every copy of same A Re Lodi i Qa Ges 25 os IN THE SUPERIOR COURT. [KQoreeiee yo .25 50 a Appeal fyém Clerk to Judge. : County. Order for enlarging time of pleading. Interlocutory Orders. Attachment, Order in . yy Sy La Injunction Orde-, including Bond and Justification . a a $ -- IAAM fo. let der of Arrest . Subpoena, each name Notifying Solicitor of Ren.oval of Guardian . Continuance . Caveat to a will, entering and docketing. Issuing Commission. Affidavit, including Jurat and Certificate ae Motion, Entry and Record of Judgment Against Notice. 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 . Docketing ex parte Proceedengs “ Judgement Summons e) ~ = =o 3 s $2 tr = > Indexing Judgment.. Filing Papers . z Postage, actual . P9 8 Transcript of Judgement. Execution of Sherriff's Return . . i ae ; ‘ 50 Appeal to Supreme Court, including Certificate and Seal .. 2.00 Cranscript to Supreme Court copy sheets, each. . 16 County ‘Tax, when jury impaneled . Referee’s Allowance . Sheriff se Constable. Magistrate Plaintiff's Witnesses . Defendant's Witnesses . CI V I L DO C K E T . BI L L OF CO S T S - - C I V I L . (A s Fi x e d by th e Co d e . ) Ag a i n s t Te r m , 19 1 Ca m p b e l l , El i j a h 18 6 4 Fo l d e r | eo er en be Wik fo 3 a No. 8—Bond for Costs—Printed and for sale by Edwards & Broughton Printing Company, Raleigh, N. C. COUNTY—In tue Superior Court. aweg azvJ0 ik: bit---* AYES. Plaintiff...... AGAINST BOND FOR COSTS MLL LEN... wAlp Oe h-y-sark eG ERAT MD ddongae-s wmES pnary. vampbetlt .wO1S J ett ow CODD 3 Waite wV¥Qi Z, wLLis ote e— t We, . , the plaintiff e L ¢ and. auip be Joseph sarker,Jew wel Len ane 5% si Lis VEMpPOOLs, sOSCPS se nen fs.e. a rs ees eeisesixasicy ve-entitled action ins the sum of Two Hlunprep Doxzars. This obligation to be void upon the condition that the said plaintiff } “ AIAG ee eh ee 85 shall pay to the defendant..S.. all such costs as the defendants may recover of the plaintiff in said action. Otherwise to remain in full foree and effect. Witness our hands and seals, this me. day of. In the presence of Yur IV G-wvrinz— ae BAF bPY) (My blir STATE OF NORTH CAROLINA,. County. On this day of ete. sintnieodiova : , 191......, before me personally appeared and , to me known to be the persons who executed the foregoing Bond, and personally acknowledged that they did execute the same. And the said and.. heing duly sworn, severally say, each for himself, that he is a resident and. ...holder in County, and worth double the amount of the foregoing bond. exclusive of property exempt from execution, and over and above all liabilities. Clerk Superior Court. JO p j o j ‘y e q d u e y ce — Pl a i n t i f f . . . | he r e b y ap p r o v e of th e su t t i c i e n c y of th e su r e t i e s of th e wi t h i n Bo n d , an d su m m o n s is s u e d ac c o r d i n g l y . Cl e r k Su p e r i o r Co u r t . Ca m p b e l l , El i j a h Fo l d e r 2 18 6 4 & Jo p j o 4 ye f i y y “j e q d w u e 5 98 1 No. 48C——Summons for Relief.—Printed and for sale by Edwards & Broughton Printing Co., Raleigh, N. C. ..OCOUNTY—In tHE Superior Court. Summons for Relief wAOY...w WAP NeLt,...wOLS.. ure Zory.,vwAsepn. farKer, dgvewedb ¢ Wil@ wvydia weDD sLOSgle willis, SATE OF RORTH CAROLINA To the Sheriff of lredeLi ; : County—GREETING : : )) You are Heresy ComManpep to summon....4iii/lam camppelt Auuméelampbell,.uix dink 37. w Gip- b> Bd. _ w0i8- wl BROLY-, oI SBD one ---¢-obb-@tt- BOD --.u Wi. at ¥- OL B--01-6.DD ’ nm 2 LUSS16--2LLiS--ANG + yobtd Sy OPE 8tAn the defendant.S... above named, if ..%-hey.... be of our Superior Court, at a court to be held for the County of......... courthouse in.....4 Lalesviite Roce we a ws Monday of........£.... .. CAx. wey it being the........i%7n.day of and answer the complaint, which will be deposited in the office of the Clerk of the Superior Court of said county within the first three days of said term; and let the said defendantss.. take notice, that if ...4-he.s.. fail to answer the complaint within the time required by law, the plaintiff... will apply to the Court for the relief demanded in the complaint. Hereof fail not, and of this summons make due return. ‘ Given under my hand and seal of said court, this.....c4........day of Clerk Superior Court. Be Gs ea borer ot “p o a t e o a y y ~“ a l q e u r n j e x y & te t “U L L T, TT e p e r T JA a I T I Y YO A SN O W W A S Io F WA N D Jo t s e d n g oy } Fo ** “A o u I 0 } “Jo kup 7 - SIU} ‘s[ vos pue spuely Ino ssouyr \\ "UOTjOR SIyy ut ~---yyUTeld oy] Fo AoAovor Lvut JUBpUdJOpP OY} SB s}SO0 YonsS [LR juBpudzop oq} 0) Led [yeys juvpuoyap or) “oyun punog SOA[OSINO a3 pe, Mouyou 3 \\ ye t i “j j a q d u e s P9 8 ! ye f i y a ‘y e q d u e s P9 8 ! SUMMONS FOR RELIEF.—Judge.—Printed and for sale by Brac Mikeg ly Printing Company, Statesville, N. C. County—In the Superior Court. SUMMONS FOR RELIEF. guy Superior Court, at a Court to abd for the County “ Ch DULL f, --9p_the..27—_Monday the same being the. 7 .-day of which will be deposited in the office of the Clerk o three days of said Term, and let said Defendant complaint within that time, the plaintiff plaint. Monday of on rr and answer the complaint, a copy of the _—— aa said County, within the first they fail to answer to the said will eit to the Court for the relief demanded in the com- Hereof fail not, and of this summons make due ra c 5 Sue Given under my hand and seal of said Court, this : “day of nnnnnnn EL IAG wna geile wo VEL EE Clerk of Superior Court County. “TOAIMOY Ag a i n s t Ml e c e v e e s ee qY ano SSOUIT AA o[MouyoR oM p 3 “a op sty vA0gR pure AVAO YUU oyy jt UOT}OB Sty} ur ~~~ PURpuayaq ou os pure spue jsumby ev Ae So" ~JUBPUdJaAC] AY) SB ysod “sIq} ‘s Te r m , 19 1 a of th e Su p e r i o r Co u r t ed o n t e n i e ou n t y . SIU} oul dLOFO Peq Liosqus pue 0} UIOMG oyun punoq S9A[9SINO 3 ~Jo wins ay} Ut ‘fijunog- jo Aep--- (VWNI'IOUNVO HLYON ao AILVLS z cs Z = 3 g Z as > “ Zz “HOWO" SI} UL “"~-"-YryUrelg ay} Jo aaaooaa oq} YWOM st ay sus uaOMs Suleq ~~ ‘pnog sorsadng ayy uy ROG ee aes see seemed. Se £4 ‘o u n t y ee fo r o be se LL . Fr a i n t i t t s At t o r n e y . yous [[B ~--"-~juepuazaq ayy Aed [peys---- aq 0} SAR]JOp poipuny OM) jo wins "PIOA Ca m p b e l l , El i j a h 18 6 4 Fo l d e r 2 Carolina ae North Carolina, in Ine Juperdor Court, rt e145 ewe . ~ . Count: May Term lyiy 3, Loulse ‘inyges ) ( WineCampbell,coluubus Campbell, Vo . ise Jomvlaint. iary Campbell, Loic GRASSY, JoseParker Jeveimbb, Lydia webb) Mlossie Lillis, John Ellis, Oscar primpson, oOtinpsen der ondants, ) The pi “**£ complains and alleges 1 That Hlijnh Cemmbell late of the County tate seisec and possessed of 10 following “Gounty of Iredell toe. .useodtusce and peine dell on the waters of iimting Creek, adsoinin 5 4 sor rwd \o4 rry Gaithsr, others. contsinrins " Llijeh Campbell lLanais Tnat she is a deusnter of said Elijan Carm 4 owner and entitled to one sixth interest in said lands ,ana is = ” ,’ mt hh a n , also entitled to one fifth inters: CnOTeGInN as tad netr ef Lew ef Elvira Camnbsll and Blizabeth ™. jon Gampboil and who died intestate without iasue _ + Lil. N nat the defendents are in the rosasossior 1wTe vrongzul y / $ withhold the sawe from the plaintiff acserting title thereto to ell of seid Isande and deny the inti? ricnt Joint rossessicn morect. Ath siaah feekae LV. -esas tft F x v thereoz,or the defardonts nave beer usin lands and refuse to pry the »lsinti- part tnoreo: gince tne death of blijah Cambell which occurs Share therecf amounts to one hundred dollars per annum herefore the plaintiff demands judgment that she be let into possession as a tenant in comnon with dofendantsind declared to Ja p j o j ye t i ‘y j e q d u r e ) p9 8 ! Lo u i s a ca m p b e l l VS e «M Ca m p b e l l et . al . vo m p l a i n t . Co p y . Ca m p b e l l , El i j a h Fo l d e r 2 18 6 4 he be the ewner ef one fifth interest therein ‘ . 7: (leachate, hort Mga attermeys ter Plaintir?, a ~ Qa. o _ mo = — SC S oO cL a —— vOUrt oo OLUmMbUS Ney ry Wwelil Webb, Oscar Wwe Webb y itner ’ oy s h AANA rapn secon ut deny thet ntiff hes pr] itle to any Lois { “‘ y e q d u r e y ye l r y PO s ! Tu peace 1008 sUOUS, 1! my Vile 0 r tua Ca m p b e l l , El i j a h 18 6 4 Fo l d e r 2 JO p j o 4 q ‘y e q d u e s y e ye l t y P9 8 ! Ca m p b e l l , El i j a h 18 6 4 Fo l d e r 2 ye l y y ‘y e q d u e s po s ! a ip North Carolina, 4@ In the Superior Court 9 Iredell County. 9 May Berm, 1919 9 Mrs. Louisa Hayes 0 V8. Q ANSWER OF 8. 0. STIMPSON. William Campbell and others 9 8. 0. Stimpson one of the defendants, answering the plain- tiff's complaint, alleges and says: First: That he denies Paragraph First of said complaint. Second: That he denies Paragraph Second. Third: That in answer to Paragraph Third he Slleges and says that he has no knowledge or information sufficient to form a belief as to the truth to the allegations in said paragraph, for the reason that no bounderies are set forth in the lands described, and ig unable to ascertain from said complaint what land the plain= tiff alleges an interest therein. This defendant admits that he is in possession of a tract of land Situated on Dutchman Creek, contain- ing 120 acres, more or less, and being the land conveyed to him by W. L. Stimpson and wife to this defendant by deed dated the 5th of February, 1918, and recorded in the Office of the Register of Deeds of Iredell County, in Book 61, page 209, and he especially denies that the plaintiff has any interest in said 120 acres, and admits that he is in possession of the same. All other allegations con- tained in thira peregreph are denied except as herein edmitted. Fourth: In answer to Paragrapn Fourth, he admits that he has been enjoying the rents and profits on the 120 acres of land aforesaid and denies to the plaintiff any right thereto. All other allegations in said paragraph are denied, nd further answering this defendant alleges: First: That the defendant, S. 0. Stimpson, and those under whom he claims, has been in the continual, peaceful, and quiet poss= ession of said lands, tenements, and hereditaments, claiming, using, and occupying the lands as his own, and those under whom he claims under color of Lane for the space of 7 years or more under known boundenies, thet title thereto being out of the ny, which he ie ' Shikite in bar of any recovery of said lands or any part thereof. Second: That thie defendant and those under whom he claims title, has been in the Open, actual, adverse, exclusive, notorious, and continual possession of the lands described in the answer, under known and visable lines and bounderies, adverse to all other persons, for more then 20 years, and this defendant pleads the sane ‘in, the Statute of Limitations in bar of any recovery in this action. Having fully answered the demand that he go without day and recover his cost and such other and further relief as me may be VL Att'y. for 8. 0. Stimpson, = & = coe 3 s o. [T) a: ma = v9 8 ! Ca m p b e l l , El i j a h 18 6 4 Fo l d e r 2 ((t<.. Ycéce ee =~... ee lo ra 3 ST ILS Se 4 EE ae I9-Ze a, tietr 7q waa _ ee J 7 a a 2, 4 A @/ « ¢s pe Scotts ie —C"-z eo G— I-14. On Cen: o 4 dD: / Eee E ot ill ils Ii Ecce [tz EB ay 4 Fyn, Ak wha or — —Q-2- -2 F2etrte Le ove qeele fon kr, t Joe eRe Cea é De y a COOL 1 1 oy f ’ pr - Za ia © iii iit ae ated? i, | Sacer Dace Cte et en ~ a Om 7 — oo - a _ amyl ‘ C) \ —~ ¥ Ze, hie | <41-4 J 1 “Sin _—, 4 ye f i y y ‘y e o q d w e s r9 8 ! Ca m p b e l l , El i j a h 18 6 4 Fo l d e r 2 Yq “‘ y e q d u e s ye f y P9 8 SUMMONS FOR RELIEF.—Judge.—Printed and for sale by Brady Printing Company, Statesville, N. C. County—In the Superior Court. SUMMONS FOR RELIEF. the defendant__ above named, it LEE be found within your Couyty, to be and appear before the Judge of our Superior Court, at a Court to be held for the County is a eee -at tha. Cgart House in ~ > we eon the. GMone ay after the.. /_...Monday of Aaty pees ae ¢ . the same being the AJ. -day of soba tl abi nndinacemban 191_7__, and answer the complaint, a copy of which will be deposited in the office of the Clerk of the Superior Te for said County, within the first three days of said Term, and let said Defendant. §___take notice if K& .-they fail to answer to the said complaint within that time, the plaintiff will apply to the Court for the relief demanded in the com- plaint. Hereof fail not, and of this summons make due re turn. ¢ ork of Superior ie tee <_County. 2p SITY eoqe pur aeAo BVULT Oy} Ft ‘teaomoy jsumby 4} Ur ‘MorjoR siy} ur ~""“yuBpuazaq ayy OyUN punog SaAjesINO aSpa;mouyon aM ou n t y . a Re c e i v e d Be e f ij am he d ci a l as s wi e cE ~“SIY} OW atOJaq peqiiosqns pu 0} aI0Mg BURG Wenn o nnn een nn mene wenn ww en enenen naan “--==70 wns VYNYI'IOMVS HLYON JO ALV.LS ‘fqunog---- Si yee oN eee ne nee ey 3 “~~ ——- “Jo ABp--------s1y3 ‘s[ves paw spaey ano SSOU}T AY aimee HUA] J 94} JO taaovea vu --- ~~“ guRpUdazeq ay} sv ys0a pie en “SUOI;NDEX® Woy ydutaxe Aysedoad pure Serger ‘s}q v1joe Sy} UT ------ ! i i ! i ' ' i ' ! i u *pAnog sorsadngy ay} uz “Gq ‘yrr------------ = —— = — — he e ta t e r Sh e r i f f _ La t t a th e e in a n t Z > <3 — At t o r n e y . | a) 1) hee 7 ee | SaB[[op podpuny OMY go wns ay} YOM ST oy sAvs uUIOMS yous [8 ~~~"-~yuRpuezaq ayy Aed |eys--------- ‘pIOA 9q 04 ‘srB[]oq@---~--------------------------- Ca m p b e l l , El i j a h 18 6 4 Fo l d e r 2 Movil aco Mastlitca: Biasih bee tect Corn My he CFC [itis Kineia Kary ag Seon mg eats Luge Jaf fb > 3 _— cS So @. [tT = s 98 ! Ca m p b e l l , El i j a h 18 6 4 Fo l d e r 2 © > 3 cS Co &. i) es = p9 8 ! Commission to Take Deposition, —Printed anid for sale by Brady, The Printer, Statesville, N. C. NORTH CAROLINA, Ae In the Superior Court. & =m. COUNTY. STATE OF NORTH CAROLINA, To (3 -O<ttl cy GREETING: c 4 We, reposing special trust and confidence in your integrity, do authorize and empower you to before you at such time and place as you may jy 2-2 ae cause 4 T AX Bb he a to appear 7 i - oO : ‘ . a 7 E 2 : : ° appoint, and Yf ~<a x 2 Ce + to examine touching all such matters and things as Fes shall know of concerning a certain matter of controversy in our Superior Court 7 2 f oO : , ? ; for the County of WV . 2 detec Ce. pending, wherein cout ne rs ~ 4 plaintiff Pie a , ; , pi i « - 4 and 4 4 °442 , defendants And the deposition in writing, by you so . taken, the same to transmit, sealed with your seal, to our Superior Court, to be held for s , said County, on the ia day pf ; 199.0 — ee / / i A efs0U 4 Witness ica tt , Clerk of said Court, at office ~“L@414 CU 9 a 4 9 Jap ‘pte _ a - Lite ee County f, o pote te: ~e:.. 5 OCianel ) v Zz nna Clerk Superior Court. Ca m p b e l l , El i j a h Fo l d e r 2 18 6 4 ~ ce 10. of a 3 s 3 @. (T) es > - P9 8 i Jorth ~arolina, iredeli county. ouisa Uayes VS.e in superior Jourt. wemevanpbeil, Columbus vampbeii, ary vampbell, ois vregory, and BeB.Uaither vuardian ot Lois vregory, Joseph 2arker, Jewmen@dbd and uydidnebb, «Llossa wLllis vohn sllis, vuscar wtimpson, vampbeil. /etendants , ’ Lins. idelic «O memwsampDell” Ara other -detendents—-er wevesurner ‘Boz. uCwaughiin their Aattorne 8s, + for defendants; CO ake notice that on the zznd and thereatter at the residen in sagie willis ~ownship, lrede miie w.&8St of iioustonville i. ,On wouth side threofs leadi A day of aprii 1920 at Q o'clock < eine ce Of selehayes and wite H49.8yYes ii County, i.ece and being about one ve Gnd on or near the Lublic road ng Irom .oustonville, 2.0. via of seobeu.enneday's residence to mOCKSViile, Us. betore Se vourney vommissioner,the undersigned w8lTyY se vampbeli and others t Will take the deposition of aul'S « Oo be read as evidence for the plai- ntitt in the above entitled action eetten wnich is now penaing in the csuperior Court of lLre and you wiil further take no Said seposition is not pegun Same wiil be continued from nis tne i4th. day of april deii County wtate of orth varoiina , tice that it the taxing oft the and compieted on the said day tne day to day until coinpleted. LYZU * +Olton 4 colton, » Hef t< ‘ oe attTys. Tor ’laintift, acod ctewart -f eect imine Ca m p b e l l , El i j a h 18 6 4 Fo l d e r 2 Ca m p b e l l , El i j a h 18 6 4 Fo l d e r 2 Ca m p b e l l , El i j a h 18 6 4 Fo l d e r 2 SUMMONS FO RELIEF—CIVIL CASES—Olerk—Printed and for sale by Brady Printing Company, Statesville, N. C. . -County—In the Superior Coutt. [2 Cae. SUMMONS FOR RELIEF. 4 BRL Me J STATE OF NORTH CAROLINA, To the Sheriff of LC<— County—GREETING: + 1 YOU ARE HEREBY ee summon A. See LA a / _-be found within your County, to appear at the office of the Clerk of the Su- - ., on i ae ee ot Z and answer the complaint, a copy of which hi 4re 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 Ag peaked take notice that in fail to answer to the said complaint within twenty days from said return date, the plaintiff... will apply for the relief perior Court for the County of -- demanded in the complaint. Hereof fail not, and of this summons make due return. Given under my hand and seal of said Court, this..77_.. ye f y y ‘y j e q d w e s 79 8 1 aA0 ou) “MIAIMOY HULL T IYy Jt SU M M O N S FO R RE L I E F . Re t u r n a b l e wi t h i n da y s in t o th e ILO FOG poqtiosqns pure o; L.LOMG SONTIqell ‘syqap sty eAoge puRr 4 STU} ‘s[ves pue spuevy ano SSOULAY oul of f i c e of th e Cl e r k of th e Su p e r i o r Co u r t of oyun punog SVA[OSINO o3pa| MouyoR oN Sty} Co u n t y . loid pur jo wns oud Ul ‘uoTjOR StU} ur ~~~ ~JURPUAZOG Aj.10¢ YNITOUYYD HLYON AO ALY.LS Re c e i v e d MUU] oy jo AVAODOI Agu ~~~“ JUBPUOZOC] a} sR }800 ‘haNae- +--+ << --. a {ep-- : jo *SUOT) LOaXxe ul dy idutexe “UOTjOR SsTuy ur ~ 14NOD 4012adng ay} uy 7 —_ — _ _ _ Pl a i n t i f f ' s At t o r n e y . “‘SABl [OC i ' i i ! i i i i = Bs zr = <= “= zr oe = = a 8 _ Zz = ~~ = o ous [ye ~~~" JUBPUDTOG ot fed eae een a oq oF , OCR) "eter eo e- SAR][Op p "PlOA Ca m p b e l l , El i j a h 18 6 4 Fo l d e r 2 2 Be = — — a Ss So o ley ans oS ry) = = P9 8 ! ik PS, J A ae Sages Pe CIVIL SUBPOENA—Printed and for eee —=———— = lS <= H CAROLINA ----County-GREETING: You are Herepy COMMANDED To SUMMON a 43, Faizhon Cu, To the Sheriff of 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___/__ --Gay of _ |; [ et- Pee 1922, 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 = 4 ‘ 4, ‘ fled AGoceia SIAGAd & A 7 Plaintiff____. and sill acini CO dc. Defendant)... And this you shall in no wise F fi ( ; WITNEss Lhe L. tes tot < an) me . Clerk of our said Court, at office “/ this the Z t2__day of fhsey.. a -1927 omit, under the penalty prescribed by law. 7 io , ( thilus Gre fobea acne ; ¥ ML Heyy pi Colinunte Ongokme ~ in, Defendant_._- "Ty 7 © a o HS “os am 3 = a o oO in Ss 5 & Po s i STATE OF N ORTH CAROLINA County—GREETING: 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._1222. day of 192_.__, then and there to testify and the truth to say in behalf of_....._.-___- | / r cof Superior Court for Iredell oa nO o fx o = cs o @ tT BS & p9 8 ! Ca m p b e l l , El i j a h Fo l d e r 2 18 6 4 CQ nm 3 S a 2. cl &: 2 > P9 8 ! Ca m p b e l l , El i j a h 18 6 4 Fo l d e r 2 ye t “j j a q d w e 5 r9 s l North Carolina, Iredell County. In the Superior Court. Louisa tayes vs FINDING OF FACTS AND CONCLUSION Campbell, Lois OF LAW. @t. Bis To the Honorable Superior Court: This cause having been referred to the undersigned Referee by the Superior Court of iredell Count; , and in obedience to the order of the reference, the undersigned Referce, and all the parties interested met in the Court House, at Statesvillo, North Carolina, on September 9, 1930, for the purpose of hearing said cause, when and where the plaintiff was represented by Lewis & Lewis and David Stewart, Attorneys, The defendants were present in person aid represented by C, “, Dearman, Attorney, and the hearings were adjourned from time to time until completed. From the evidence by the plaintiff and the defendants, the Referee finds the following facts; lst. That the accurate acreage of the tract of land in question is 195 acres, (Found by agreement between the parties. ) 2d. That the reasonable annual rental of the tract of land, in question, for the years 1916 to 1921 is $470 per year. Srd. That the rensonable annual rental for th tract e of land, in question, for the years 1921 through 1929 is 3365. 4th. that the profits from said farm or wastes com- mitted from sai far from about June, 1918, is $1600. Sth. that the defendants during their tenancy on the property, in question have made the following disbursements or Charges for expenses on said farm 3 Taxes 1916-336 Taxes 1917-$6.99 Taxes 1919-38.038 Taxes 1925-$67.76 Taxes 1926-$85. 38 taxes 1927-$86.94 Taxes 1928-984, 94 Taxes 1929-3112. 35 In addition to the foregoing expenses, ~*~ find that the defendants have made permanent improvements on the property and the expenses for same are as follows: January 16, 1926, repairs on te:ant house 354,50 Repairs on well $16.00. May, 1927, repairinzs and covering dwelling $93, 50 Jan. 15, 1927 wire for garden $15.75 March 10, 1928 roof on dwelling $52.75 ye l p ‘y j e q d u e y PO s ! Yvanuary 16, 1928 repairing outer buildings $27.15 January 28, 1928, screens, $7.85 November, 1928, Labor on house and ditching $22.50 November 1, 1928, wire for pasture 332.50 Labor $9.00 November 15, 1929, work on house and crib $59.05 In addition to the permanent improvements the def- endants paid for fertiligor $23.38. 6th. That the plaintiff is entitled to a one-seventh interest in the rents and profits after deducting the dower interast of the Widow, M, », Campbell, CONCLUSION OF LAW. From the foregoing facte, If find as «a conclusion of law, that the plaintiff is entitled to recover a one-seventh undivided interest from the defendants in the followins sums of money. Which sums represent the &verage annual rental on the 195 acre tract, after deducting expenses allowed by the Referee, Which Sums of money are subject to the dower interest of the Widow, M. L Campbell, and are to be deducted before actually computing the : undivided interest. $434 with interest from January 1, 1917. $463°¢ith interest from January 1, 1918 470 with interest from January 1, 1919 9461.92 with interest from Yanuary 1, 1920 %470 with interest from January 1, 1921 ~¥565 with interest from January 1, 1922 $565 with interest from “anuary , 2988 #565 with interest frou “anuary 1, 1924 #565 with interest from January 1, 1925 ~565 with interest from January 1, 1926 226.74 with interest from January 1, 1927 7170.37 with interest from January 1, 1928 9155.31 with interest from January 1, 1929 99.66 with interest from January 1, 1930. That the plaintiff is entitled to recover of the doef- endants a one-seventh undivided interest in $1549.70, the same being for waste committed or rofits from the ti iber cut from the property some time about June 1, 1918, with interest from June 1, 1916, That the defendants are entitled to a credit for taxes paid, which sums have been deducted from the annual rental herein, That the defendants are entitled to a deduction for Permanent improvements, which have been deducted from the rentals herein. Theat the defendants are not entitled to a deduction for fertilizer paid. fhat the cost of the heari ig before the Referce in Cluding th stenographer's fees and hKeferee'’s fees be equally divided between the plaintiff and defendants. 4 accompany this report with the evidence and exhibits and papers introduced in the evidence. This, 20th day of October, 1930, Ca m p b e l l , El i j a h 18 6 4 Fo l d e r 2 ye f i y ‘y j e q d u e 5 Po s i Be, NORTH CAROLINA, IN THE SUPERIOR COURT, IREDELL COUNTY. IN TERM. Louisa Hayes -vs-~ EXCEPTIONS OF Dk OF FACTS AND CO} Columbus Campbell, Lois Gregory, REFEREE. et al. EFENDANTS TO THE FINDINGS NCLUSIONS OF LAW OF THE Now comes the defendants, Columbus Campbell, Lois Gregory, et al, and excepts to the findings of facts and conclusions of law of the Referee contained in his report filed in said cause on October 27th, 1930, the time for filing exceptions having been continued by order of the court. wie Defencants except to the second finding of facts wherein the Referee finds th=t the annual rental of the lands in question for the years 1916 to 1921 was $470.00 per year, on the ground that this finding is against the greater weight of the evidence, for that the Referee should have found from the greater weight of the evidence that the reasonable annual rental value of the land in question for the y°ars 1916 to 1921 did not exceed $100.00 per year. in Ben Defendants except to the third finding of facts wherein the Referee finds the annual rental of the lands in question, for the ycars 1921 through 1929, was $365.00 per year, on the grounds that this finding is against the greater weight of the evidence, and for that the Referes should have found from the greater weight of the evidence that the reasonable annual rental value of said land for the years 1921 to, and inleuding, 1925, did not exceed $100.00 per year, and for the year 1926 the rental value of said land was $99.08, for the year 1927, the annual rent was $137.43, and for the year 1928 was $144.71, for the year 1929 was $161.44, making a total rental value of said lands, for the years 1926, to and including the year 1929, of $553.54, and that during said years the reasonable upkeep and necessary repairs to said premises amounted to $897.83, and further should h»ve found that, in order to produce said crops, for said years, there was used fertilizer for corn and wheat crops in the gross sum of $23.38, and should further have found that the defendants were entitled, in this account, to a credit for the money expended in the necessary maintainance and improvements of said land, and for A, ~~ fertilizer used in the production of the corn and wheat grown during said years. -3- Defendants except to the fourth finding of facts by ssid Referee wherein he finds that the profits from said land, or wastecommitted from said farm from about June lst, 1918 is $1600., for that there is no evidence to sustain said finding, and on the further ground that the Referee fails to find from what source said alleged profits would arise, or in what manner said wastes were committed, and on the further ground that, if the Referee intended this finding to cover timber alleged to have been cut and removed from said land, there was no evidence that any timber was cut and removed from said lands, or the kind or amount of it, on or about June, 1918, the greater weight of the evidence showing that no timber was cut or removed from said lands until some time after 1922, and the Referee should have found, from the greater weight of the evidence, that there was no timber cut or removed from said land until some time after the year 1922, and that the amount so cut amounted to $204.90, and that Rextxat this was used in making necessary repairs to the premises. ~4- Defendants except to the last paragraph of the fifth finding of facts wherein the Referee failed to find that the $23.38 for fertilizer used in the permanent improvements on the land, was used in the production of wheat and corn, and did not include fertilizer used in the production and improvement of lands cultivated in cotton. Defeniants except to the conclusions of law of the Referee, contained in said report, as follows: ole To the conclusion of law that the plaintiff is entitled to a one-seventh (1/7) undivided interest, from the defendants, in the following sums of money: $434. with interest from January 1, 1917 $463.01, with interest from January 1, 1918 $470. with interest from January i, 1919 $461.92 with interest from January 1, 1920 $470 with interest from January 1, 1921 $365. with interest from January i. 1922 $365. with interest from January “s 1923 $565. with interest from January 1, 1924 $565. with interest from January 1, 1925 $365. with interest from January 1, 1926 $226.74, with interest from January 1, 1927 $170.37 with interest from January 1, 1928 $135.31, with interest from January a 1929 $99.66 with interest from January 1, 1930. JO p j o 4 Z ye l i y y ‘y e q d u e ; PO s ! ~ JO p j l O j 4 ye l p “y j e q d u e s 98 1 By ~_- and for that the Referee should have found, as a conclusion of law, upon a correct findings of fact, that the plaintiffs were entitled to a one-seventh (1/7) undivided interest, from the defendants, in the following sums of money, after deducting expenses which should have been allowed by the Referee, and which sums of money were also subject to the dower interest of the widow, Me Le Campbell, and that said dower interests are to be deducted before actually computing, and setting apart, the one-seventh (1/7) interest of the plaintiff: $100. with interest from January 1917 $100. with interest from January 1918 $100. with interest from January 1919 $100. with interest from January 1920 g100. with interest from January 1921 $100. with interest from January 1, 1922 $100. with interest from January 1,1923 $100. with interest from January 1, 1924 $100. with interest from January 1, 1925 $99.08 with interest from January 1, 1926 $137.43 with interest from January 1, 1927 $144.71 with interest from January 1, 1928 $161.44 with interest from January 1, 1929 ain Devendants except to the conclusion of law of said Referee in said report, holding that the plaintiff is entitled to recover of the defendants a one-seventh (1/7) undivided interest in $1,549.70 for waste comnitted, or profits from timber cut from said property some time about June lst, 1918, with interest from June lst, 1918, for that on a correct findings of facts by the referee, thers would be no finding of act upon which to base this conclusion of law, and for that the referee should have concluded upon a proper finding of facts, that tiere was no waste committed, or profits received for timber cut from the property, on or about June lst, 1918, and should further have concluded, as a matter of law, that the only timber cut from said land was cut some time after the year 1922, aid was used in the necessary and proper maintainance and repair of the premises. -3- Defendants except to the conclusion of law of the Referee holding that they are not entitled to a credit for the fertilizer used in the production of cotton and corn on said land, amounting to $23.38, and for that the Referee should have held that this was a proper item of credit to the defendant. ye l i y y ‘y e q d u e s p9 $ s l Defendants further except to the entire report of the Referee, on the following grounds: ale For that the Referee failed to have the evidence reduced to writing and signed by the witnesses, and if said evidence was so taken and signed by the witnesses, tie Referee failed to file the same in this cause, as a part of the record. «ie. For that the Referee failed to rule on objections made to the testimony of the witnesses, and failed to note or indicate what rulings, if any, said Referee made to the objections and exceptions to the evidence, as appears in the notes of the evidence transmitted by the Referee. WHIREFORE, defendants pray that the report of the Referee be reformed in the particulars pointed out in these exceptions, or that the entire case be re-referred and the case be re-heard, and the evidence taken by the Referee to be reduced to writing by him, or in his presence, and signed by the witnesses. ; fps + thu Sf wie: Usd AEM PA? Ato; Lym Attorneys for Defendants. Ca m p b e l l , El i j a k 18 6 4 Fo l d e r 2 Atr29, k ¢ rn trae gy Kardon otheg JPR ; JPiipiias, - | | jt dell An 1212 ok [rile Aeteg, Minn a-t.14, ihe andi Pe in ye l i y “y a q d u i e - P9 8 ! Ca m p b e l l , El i j a h 18 6 4 Fo l d e r 2 Lo Tete eat aes, S*\qib “Jo-Wroa - 3- 192\ Po s i ye l i y y ‘y e q d w e s Ca m p b e l l , El i j a h 18 6 4 Fo l d e r 2 ye f i y y “y j e q d w e s po s ! d Att wee Pla; mtitt North Carolina IN THE SUPERIOR couRT Irdell dounty ) MAY TERY 1931 Louisa Hayes Vs William Campbell, D. JUDGEMENT Columbus Campbell, Mrs Lois Gregory, Mary Ss. Campbell and others This cause coming on to be heard before His Honor ie € woore, Judge Presiding, and being heard upon the report and exceptions to the report of R. A, Collier, Referee, filed by defendant Dd, o, Camp bell and Mrs. Lois Gregory and it appearing that by consent the Plaintiff have end recover judgement against the defendants D, a we Campbell and Mrs. Lois Gregory in the sum of LIGHT HUNDRED DOLLARS and the costs of this action in full settlement of the rents and profits due vlaintiff and #11 matters and things involved in said Referee's revort. It is therefore, by consent ordered and adjudged that the plain tiff have and recover of the defendants pD. a, Campbell and Mrs, Lois Gregory the sum of EIGHT HUNDRED DOLLARS with interest on said sum from the 18 day or May 1931 and the further sun of 3 » the cost of this action including the cost and commissioner's fee in deposition and also in reference to be taxed by the Glerk of this Court. Af —_— a Fi sh Mice re Judge Presiding By consent; a - TS Leceidhlec Atte Sa indict Defendants Lo u i s a Ha y e s Vs Wi l l i a m Ca m p b e l l et al Ju d g e m e n t Ca m p b e l l , El i j a h 18 6 4 Fo l d e r 2 ] ‘W J e q d w e s ye t i P9 8 ! i Bill of Costs—Civil—Printed and for sale by Brady P rinting Co., Statesville, N. C. Pi eho ara Docket___ IN THE SUPERIOR COURT. Pe, County. 5 » Original Summons, or othe€ iginal process, iigt ling all nes therein. . mo Be oT es aX c +a fy Lopy of same t. Mea ee Bond,+ cluding Justificatign . A hig y be To n dusticesZ, Csr Appeal from Clerk to Judge. i. Oider for enlarging time of pleading. Interlocutory Orders Attachment, Order in Injunction Order, inc luding Bond and Justification . fa Irder of Arrest . Subpoena, each name Notifying Solicitor of Ren.oval of Guardian Continuance . Caveat to a will, entering and docketing. issuing Commission. Affidavir, including Jurat and Certificate Seal . Motion, Entry and Record of Notice... 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. Docketing ex parte Proceedengs Judgement Summons Indexing Judgment.. Filing Papers . Postage, actual Transcript of Judgement Execution of Sherriff's Return Appeal to Supreme Court, including Certificate and Seal l ranscript to Supreme Court . copy sheets, each County Tax, when jury impaneled . Referee’s Allowance . Sheriff se Constable. Magistrate Plaintiff's Witnesses . Jefendant’s Witnesses . . $ 1.00 35 CI V I L DO C K E T . BI L L OF CO S T S - C I V I L . (A s Fi x e d by th e Co d e . ) Ag a i n s t Ca m p b e l l , El i j a h 18 6 4 Fo l d e r 2