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Assignees, Receivers, and Trustees 1917
Iredell County Assignees’, Receivers’, and Trustees’ Records 1917-194] C.R.054.929.08 Assignee 1917 Worth’ varolina, Irédeli cCcunty, Zebs VeBucichanusn, Wary -Huamer ,assignee Of Zeb. eenckeben: ite. ‘ ae j A.7.yarris. ; sees a : The: Hon,Clerk-of the Superiro Court-of-Iredell County; & ~ d. Léee Robinson ,a3signee: of the afuipistrator,of kery Hammex, plaintiff in the above entitled sotion, comes int}. to Coub€’ anf moves the Court that the judgment in this ceuseé;whieh avpears’ on ‘Judgmeuut tooxet number 16 st pace 51,of the. offite. of the Clem of - wdiste Sapesior vourt ef tredel1 vounty,be revived end thet exe dtiti on issue on caida jadgaedt anit nekes effiduvit us follows: = " . States of orth Yerolina,Geston County, , a! JeLeee Robinsoa,beiiz duly SWOrk, 2%} ——_- ’ t GA. Hammer, administrutor of ary Hamner assignees of Zev.V. Buekhsnan in the ec*ich antitled ebd.V.Buckhinun,and “ary Hacmer a2 signs A of 4eb.V.Buckhananea, judgment in which cction éppeurs docketed in vuigrent Bocket number 12 44 pire 51,0f the Office of the Clerk of s+ \ -he Superipryr Court of 4redell County;thet aeid judgment is dated May Term 1910,with interest on $570.uu from Hove 18th.1908 until peid; thet the cost of thé action,and $100.60 on the pvrinvipal wes naid . ‘ . limy,22nd.1911;that the romiinder of acid Judgment rennins unsatisfied and . due. J -fatearibe& Bi anergy to 4he the_ / b day of -Jan. ° pa aaensbver “4 al a* “= Otary Bublie, North Yarolina, Iredell County, Zeb.V.Buckhannan, - ‘ana! Bary Li, Hanmer ~—e of Yeo. J-Buckhenan. : Oe in VSe Ap & Harris. Pei , e Whereas & judgment was rendered id the Superiro Court of Iredell Coupty ah the May “erm of: the Superiro Court of Iredell County,1910, tn the uboye @ntitled action in favor of hary Hammer essignes of Zeb. V. Bucithynun for the sun of $370.00 and the cost’ of the wction$24,40,und docketeg in Judgment Doeket nupber 13. at pag pase 51 sand iMereas the guia judgment was astigned by 4.C.Hammer * ee adefidke trator of har yr Bs Her: mer deceased to J.Lée.Rebinson;: nd wherege ee — eee TIFTO Nes Only ocen ELa ON Tula yudgineok the sum of 24.40, being the cost of the sction,tina the sum of $100.60 on the principalg and whereas the remainder of suid judgment ic due and unpaid,and is still unsatisfied. You ore therefore commander to notify the said A.F.Harris thet : he me’se his a pecrience before me wt my office in the town of Stutes= Yille ,ct my oa 6 o'cloek on the 2 { day ot Behn. 19186,and show cause if any he has why execution should not igste upon said judgment,.nd have you there at that time this notiee’s —— - * _ . ~_ Oe + em Witness my-hend J.A.Hartness clerk of the Superior Court of a Iredell County,at office in Statesville,this the LY. a af *rebe L916. North Caroline, Iredell County, Zeb.V. Buckhanan,and ligry E.Hamner assignee Zeb. V.Buckhenan, VSe A.¥.Herris. Zt a»pearing from the return of the sheriff of Iredell County aPOP naps BOT toe issued in the ebove entittled action,that the defen= dent wes duly notified to ea near st the office of the undcrsigned on the 26th. day of ,eb.1916,+nd show cause if any he had why execution should not i sue on the judgment described in the above entittled action and as in said notice set forth: and it further annearing to the satisfaction of the vourt that the sai’? judgment has not been setisfied,and the said defendant hsving feiled to arnear eas summoned to do,and show cause why execution shonld not issue:It is therefore ordered and sdjudged thet said judgment 3hall be and the same is herehr revived,to the end that execution mey be issued.This feb. 26th.1916. AA NkesGaees XL OerdeCc ———— No. 12.—Execution Against Property.—Printed and for sale by Edwards & Broughton Printing Co., Raleigh, N. C. ot Feogecty.- Erinting Vo., Salmem, *. Ss. NORTH CAROLINA IN THE SUPERIOR COURT Country. ..Of..Zeb..¥7..Buekhannean;---4 dembSS BQBAN SOR pagans’ gpJeAe Y EXECUTION Aa...aan...bexrria. —_——— — eee ae THE STATE OF NORTH CAROLINA To the Sheriff of in favor of the said 490»... Ve...Buchanan.,...J.--Lee-Robinson- assignee ofa. 0s Hemner- Adm sof Mary B. Hamner. As Ws Harkige against the said ............------. _Anp Wrirrxas, the judgment was docketed in this county on the............ yhl4.36 _ ieee due.thereon, with interest on scnintace aeseintesasinticiccoiarpaemccmainisteath Dollars .» 191......, and the further sum of You azz Tuerevore Commancen to satisfy the baid judgment out of the personal property of the said defendant....within your county or if sufficient personhl property can Hot be found then out of-the real property - + in your county belonging to such defendant...... on the day when said judgment was so docketed in your county or at any time thereafter, in whose hands soever the same may be; and have you this execution together with the money, before our said Court, at the court-house in. Ste*teaville N..G. on the........2° Monday... Before...the........ late. 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Zeo V. Buchaniiu, Snd3MeabgucEBa Hamer, . Assignee of Zeb. V. Buchanan, and Je Lee Robinson, Assignee of A. C. Hammer, Mmioietwater of Mary E. Hamner. Va. A.¥F.Harris Buren Jurmey, Attorney for J. Lee Robinson, being duly gsworm deposes and says; That,in the Superior Court of the County of Iredell, om the 23rd day of May, 1910, a judgment was reeovered against the defend~- ant im favor of the plaiatiff, Mary E. Hammer, Assignee of Zeb. V. Bush- 49e aft 7 g anay, in the sum of $3 72.02 end $ 2. 0 __sost. That the judgment roll im said setion was < to file in h Pee the Offiee of the Clerk of the Court in Iredell Coumty om fhe 2,3 hed day of fhm, »19/° , against said defendant, t — That om the 22" day of Prom 219 // , aw payment f was made on said judgment from a sale of the land leaving a balance due om said judgment,at this time, of $414.36 and interest from Dee. 15th, 1916. : That on the /Z Ghy of Piered _,19 /S', A.C. Hamner, Administrator of Mary ©. Hammer, deseased, assigued the balance due on said judgment to J.Bee Robinson. That on the 26 5 aay of fat ,19 /C_, three years having lapsed from the eatry of the judgment om the judgment doeket on motion of J. Lee Robinson leave of the eourt wes granted to issue exeeution. That om the 15th day of Deseomber, 1916, am exeeution against the property of said defendant was duly issued upom said judgment and at onee delivered to the Sherriff of Iredell County, where the defendant them resided and yet resides. That the said sheriff mee duly returned aah said exeention Gusatiafied, and there ia still deme by said defendant to J. Lee Robinson om said Jedgment the sume? $608,56. That there is mo known property of the defendant that is lia- ble to exeeution but,as affiant is informed, and believes, said defendant has property, eheses. im action, and other things of value not exempt from exeeution and whieh he unjustly refuses to apply towards the satis- faction of aaid judgment. That, as affiant is informed and believes the Statesville Lumber Company, a eorperation with its primeipal offiee im the City of Statesville, N.C., is indebted to A.F.Harris im am amount execeding ten oo. A ahi hatch = = ty J ° Sworm and subseribed before me this the g GUA day of May, 1917. Ahkirtitez, Clerk of Superior Court. Ce J™ North Carolina, Iredell County. Zeb VY. Buehanam, and Mary E. Hamner, Assignee of Zeb V. Buehanan, and ‘Order for examination of J. Lee Robinson, Assignee of A.C.Hamner, Judgment debtor or third Administrator of Mary E. Hamner. Person. Vase A..F. Harriss It appearing to my satisfaetion, by the amnexed affidavit of Buren Jurney, Attormey for J. Lee Robinsons, that judgment has beem reeov- ered in the above entitled action in the Superior Court of Iredell County in favor of Mary E. Hamner, Assignee of Zeb V. Buehanan, whieh seid judgment has beem assigned by A. C. Hammer, Administrater of Mary &. Hammer, deseased, to J. Lee Robinson, and it further appearing that saié judgment has been duly doeketed im this eourt; that an exeeution against of the said defendant judgment debtor im this aetion has been duly issued to the sheriff of this eounty upom said judgment and returned unsatis- fied, and that the said defendant has property whieh ought to be sub- Jeeted to thé payment of this Judgment, and that the said defendant has mo known property liable to exeeution, but has property not exempt from exeeution ehieh he unjustly refuses to apply im satisfaction of sada judgment; that, there is a balamee due om said judgment of $414.36 with interest from Desember 15tk,1916; and, it further appearing that ZT eloract toedet, Co inBebted to said judgment debtor im am amount ex- eceding ten dollars: I, therefore, do hereby order and require said defendané, A.¥.Harris, to appear before D.F.Mayberry who is hereby appointed a ref- eree for that purpose, at the Court House at Statesville, N.C., on the 19th day of Jume, 1917, at three o’elock P.M., and on gueh further days as the eourt or referee duly appointed shall mame, to be examined and aucwer eoneerning the same. Aud, the said A.F.Harris is hereby forbidden to pay, trans- fer, dispose of, mortgage, or im any way imterfere with any of the pro- perty belonging to the said A.F.Harris, defendant, not exempt from exe- eution. Amd the said STi bomce forbear G@ - is hereby forbidden to pay the said A.F.Harris any Gebt due by him to A.F.Harris until further or- dered in the premises. by the court. Witmess my hand this the gd) b uf day of May,1917. Htaleiph: Sane dh AGL: ZF Gh, “yin Guiness; Seowluy,of Ltale.iof the Sale oft Noth Gatolinwu, do petely aly he foregoing ant alached{— one fs shee lobew lute apy Iya Wines Whew, DV pave hereunto del ny hand and affixed Wi oft bead: Drymen office ad. Naleigh, his iho diy of ; dune. ——— Ue yeatiy 1 Lied tut. ¢ . , ,. , yk Stole North Carolina, In the Superior Court, Iredell County. Before D. F. Mayberry, Referse. } zeb. YW. Buchanan and Mary E. Hammer, Assignee of Zeb. V. Buchanan,and J. Lee Robinson, Assignes of A. C. Hamner, REPORT OF REFEREE. Administrator of Vary E. Hamner, vs A. F. Harris. This matter coming on to be heard before me,othelin- dersigned referee, on this the 20th day of July, after due notice to all the parties interested, and being heard under the orders of the Court, and after capefully considering the evidence produced at said hearing, I hereby set forth the following conclusions of fact as found by said Referee; to wit: First. That the defendant, A. F. Harris, has no personal property other than two horses and one mle. Second. That there are chattel mortgages given on said property to secure the payment of notes in the sum of $415.00 given for the purchase price of same. I find ae a conclusion of law that the saii A. F. Harris has no property over and above the exemptions allowed him by law, out of which to satisfy the judgement in question in this action. This the 20th day of July, 1917. Referees. North Carolina, ) In the Superior Court, Iredell County.) Zeb. Ve Buchanan and Mary E. Hamner, Assignee of Zeb. V. Buchanan, and de EXCEPTION TO R@PORT OF Administrator of Mary E. Hamner, REFEREE. -va- ) ) Lee Robinson, Assignee of A. &. — ) ) ) ) ) A. Fe Harris. The plaintiff in the above entitled action excepts to the report of D. I. Mayberry, Referee, in the following particulars, to-wit: First: That said Referee failed to find as a fact that A. FP. Harris is the owner of the following property,to-wit; Three horses of the value of $300; Three mules of the value of $300, 7 head of cattle, value $100; 2 hors, value $15; 2 goats, value $3.00; Farm utensils, value $100; Carriage, har- ness, buggy ete., value $100; automobile, pleasure boats ete, Walue $150; making an aggrerate value of personal property of $1068.00. Second: That said Referee erred in failing to find as a fact, that A. F. Harris is the owner ef a one-half ints erest in a tract of land in Turnersburg Township, Iredell County, North Carolina, known as the Lazenby Tract, consist- ing of acres of the value of $1037.07. Third: That the Referee erred in holéing that A. F, Harrie has no other persenal property other than twe horses and one mule, being first fi in his report. Statesville, N.C. October 1, 1917. In the Matter of J. Lee Robinson et al -vs- A. F. Harris to Anne Bell Walton, Dr., July 20, 1/4 day Reporting case 25, 25 pages evidence @ 20¢ 25, 2 carbons @ 10d Aug. 22, Plaintiff's Excemptions Total... W. A. Bristol Bill of Cost—Spectal Proceedings.—Printed by Brady, the Printer, Statesville, N. C. 6-12-'09-1 M af North Carolina, |“ . . ANas Summons Affidavit and order of publication Application feoeGraeb-- ... Moses for G. A. L Appointment of G. A. L Notice of publication each name. . . Answer of Guar. Ad Litem Report of sale. . . . Orderof re-sale. . . . Report of re-sale Order of partition . . Judgment Docket and Index .. ... Order of Registration Acknowledgment of Deed... . .....-.- - - «Copy Gheets .. . . Motion and order of dower . . J AA i 4 NORTH canouna. Orede ll sieccthcuiasiaiokien County. The undersigned hereby makes application for registration of the Motor Vehicle herein described, and declares the following statement to be true: we of Applicant... FE Harris. siatiaisdenatianendunehatataesnespumioniassbeudanbalodeas 0. Address ete Olin, Te. 4, Ned (City or Town) Name of Machine Foard Maker's Number. OG "1 nce Passenger Capacity noise | Qe Blac iiiicnasapasscdatialeaienecsnstiomeen , Style of Machine Touring ae bjpolih Sign paves. aot Harr: 5 Annual Fee: On Machines of 25 H. P. or less (N. A. C. C. Rating), $5; above 26 H. P. to 40 H. P., $7.60; over 40 H. P., $10. L vcénse. Issued Sul. 4, 141k. SPrianYeines Dec o} State, tO ag ‘ Zeb. V. Buchanan et al, ) ) -VB- ) A. F. Harris. Plaintiff's Written Evidence PLAINTIFF'S WITNESSES. le Ce. Steele " " " A. F. Harris Bill of Coste North Carolina, ) In the Suverior Court. Iredell County. Before De Fe Mayberry, Referee. Zed. Ve Buchanan and Mary E. Hamner, Assignee of Zeb, V. Buchanan and de lee Robinson, Assignee of A. C,. Hamner, Administrator of Mary 5. Hamner, @-VBe< } ) ) ) ) ) Ae Fe Uarriae This matter coming on to be heard on this the 20th day of July, 1917, before the undersifrned Referee, after due notice to all the parties interested, and being heard under the orders of the Court, the following proceedings were this day had by me, all parties being vresent in porson or by attorneys: The plaintiff offered juipment docket book No. 1%, page 51, being a judsment in favor of Zeb. Ve Buchanan and others, dated May 22, 1910 for $370, principal, with interest from November 15th, 1906, also costs of $24.40, subject to a oreait of %100.60 dated Septomber 20th, 1915, and also 4 credit of 524.40 cost in the case, also showing transfer of the judgment to J. lee iobinson, who brings this supplemental proceeding, also order reviving the juirnent. The next piece of evideme offered is Execution ieeued by Je Ae Hartness, Clerk of the Superior Court, dated December 15th, 1916, with the return of the Sheriff on the Execution as follows: "No property out of which to satisfy this Execution”. Signed lf. 2. Alexander, by Os Il. Woodsides, De Se, dated December 19th, 1916., 2180 offer judgment of Je Ae Hartness, Clerk of sa apni Court direeting execu- tion to issue, dated February 26th, 1916. Ye offer affidavit of Buren Jurney dated 26th of May, 1917, boint a vetition to the Court to direot an order to the defendant to answer concerning this propertye Ye also offer judpment of Je Ae Hartness, CedecCe, being an order for the examination of judepment debtor and three parties relative to the property of defendant, Ae Fe Harris. We offer the cortificate of Je Bryan Grimes, Secretary of State, oopy of A. F. Harris for licerse to operate a Ford oar, certificate dated 14th day of Juno,1917, lieense issued July 4, 1916, J. Bryan Grimes, secretary of utate. ve offer the tax returns of A. f. Harris for the year 1917 as follows: A. F. Harris, Olin, age 42, 1671/2 acres of land home place, value $18650.; number of horses, three, value $200, lMules three, value $300. Cattle seven, valme 3100. Hops three, value $15, Goats three, value three dollare; Farm utensils ete. 3100. Carriage, harmes, buggy etc. value 5100,;Automovile, pnlensure boats eto. 3150. Agererate value of personal property 31068. Arrregate value of real and »ersonal nroperty $2,918. Ye offer the tax returrms of 1916, A. F. Harris, age 41. Number of acres of land 162-1/2, marked Cody land, value of lanéi $1850. Number of males seven, value 3700. Cattle 16, value $180. Hors ten, value 375. Farm utensils ete, $100, Carriage, harness eto, 3100, Household ani kitchen furniture $41. Automobile, pleasure cars eto, $200, Argrerate value of personal property 31356. Agrrerate value of real and vorsonal property 32,206.00. | Now we offer all the onvers in the case of Ae Fe llarria and wife, Poarl Warris, vSe He %. Iaszenby and wife, ‘intoria Lazenby, and esrecially Judgement Docket No. lil, pare 239. We call the Court's attention especially to the followine record: "Execution issued August 23, 1909, Received of Ae Fe Harris and wife $1037.07, the same being in full of the purchase money for the lané sold under execution in this case, torether with interest from October 4th, 1909.". We offer Chattel Mortrare Book 56, page 548, on which is recorded Mortenge by A. F. Harris to denkel-Craig Live Stook Company, one one pair of sorrel mare mules, about four yenrs old, each this day received from them, one iron gray mare mule, about six yearo old and one iron gray horse mule, about six years olf, dated l*th of February, 1915. Chattel Mortgare Book 59, page 559, on which is recorded mortrage from A. F. ilarris to Henkel-Craig Live Stook Co, dated 10th day of February, 1916, on one large bay mare mule, about four yoars old, this day received from them; one sorrel mare mule about four years old, originally received from them and a rray mare mule about five years ol4, originally received from them. Chattel Mortpnge Book 52, pace 578, on which is recorded a chattel mortrare by A. FP. Harris to Lonkel-Uraig Live Stook Co. dated 24th day of December, 1913, on one nice brown mare, about eight years old and this day re- ceived of them; one eray mare mule, about five years o14 named Quin, one iron eray horse mule, six years old, named feb and also the record showing that this mortgage has been cancelled. =3- Book 51, page 522, Chattel Mortgage, on which is recorded a mortgage from A. F. Harris to Henkel-Craig Live Stoek Company, dated the 7lst day of March, 1912, on Noe 9 Nisgon wagon this day received of them, one pair of iron rray mules four and five years old, both originally received of them, Title lNote Book Ho. 7 of Iredell County, page 188, on whieh is recorded a title note dated 19th day of September, 1916, wherein was retained title by 5. dg» Holland on one pair of sorrel mar@ and one lisson waron nearly new, all of the above thio day received of him. Le Oe STEEIZE, witness for the plaintiff, being duly sworn deposes and says; DIRBOT. &. Do you imow A. FP. Harris Mr. Steele? Ae I GO, yee Qe How near do you live to hin‘ Ae About two miles, Ge Do you know of any property that he is in vossession of out there’ Well I coulé not say to my own personal knowledge, that I know that ho owns it. I Imow that he has three or four teams thet I see pass our place, that are supposed to be his, Do you know that he has three or four teams? Yes sir. Have you seen him driving then? Yes, I have seen him drive thea, Where do the teams stay? He keeps them @t his farm, up at his home place, Are those two horse teams or what? ~4- Two horse teams, mulese Three or four teams? I think he has cot one pair of horses and two pair of mules, What is the color of the horses? He has a pair of sorrel horses. Color of the mules‘ Why he has fot - he ohanres his mules so often I don't know, I think he has one pray mule, one sorrel mule, I don't know the colors of the other mules, wagon and harness *or evory pair of horses? Yes, I have seen them all pass at the samc time. what would be the value of those horses and mules and warons and harness that you have seen him in possession of? Well I would say they would bo worth right close to the top price of whatever stock is being sold for now. They are about as food teams ad ore on the road would be as near a8 I could como to it. What would that be then, as to the value at the top of the market? “ell my opinion might not be worth much. I an not very good judree of stock, I don't know what. I would say th males ourht ‘0 be worth at . lor ertimte two hundred dollars a piece. And what a low estimte of the horses? Yell I would say $175. I don't know, What are the harness ané warons worth’ They have a rood set of harness for each team, Take tho warons and harness together, 3 warons? I really don't know what the Nisson wagons sell at. They -5- are nearly new llisson wagons, Worth as much as fifty dollars a piece, harness ana wagons toszether’ Yes at least fifty dollare e piece, Do you know that he drives an automobile? Yes sir, I have seen him drive a Ford automobile, What is that worth? $250, I would say, I don't know, Do you know anything about the erection of a barn on the lands, where lr. Harris lives? Yes sir, E know that he built ea big, large barn up there, About what 414 that barn cos}t,@o you know the value of it? (Objection) (Objection over-ralea) Well it is a large barn, I don't suppose it eould be built for - I would make a mighty wild guess - I would say not less than a thousani or twelve hundred dollars, Do you know where the lumber in that barn was sawed? No sir, I don't know, Whéas barn is on the land thero where he lives? He has the barn. CROSS Qe Ur. Steele, all you know about the horses ani miles, you see them pass? A. That fe all I know about them Q- You don't know, whose they are? Ae Ho sir, I don't. Qe Where 41d Mr. Harris com from, do you know when he came to Iredell? Ae No sir, I do not, he was in that part of the country when 6- \ I came there, Who 414 he marry? Married Je Me Cody's daurhter. What place is this, out there where he lives’ The olf Je Me Cody home place. Wherever he came from, when he mrried this lady he cam there to the Sody lands? He lived there the first time I got acquainted with him. And Mre, Harris was a daughter of the o14 Je Me. Cody? Yes sir. Raised right there on that farn? Why she has been living there ever sime I have known her, and I have known her a food while, twenty years or more. Do you or not Mr. Steele know whether the luber that went into the barn that you said cost some thousani or twelve hundred dollars was cut right there on the Cody lanis? Well personally I don't know, De you know that a great smount of timber has been cut from the Cody land? I know there was a saw-mill on the place about the time he was building the bart. A. YT. Harris, defendant, being duly sworn depeses ani says: Qe Ae Qe Ae DIREOT. You are the defendant in this ease lr. Harris? I suppose 80, yes Sire You live in Turnersburg Towaship? Yee sires oe About two miles from the village of Turnersburg? I suppose so, yes sir, You live on what is known as the J. M. Gody lands? Yes sir, You married Je Me Cody's daughter? Yes sir, He divided the tract into two did he not? Yes sir, One (ivision he deoded to your wife? Yes sire About how many acree in that: I don't know definitely the records will show, 114 acres? I gould not say. The other he deeded to his daughter, Mrs. Lazenby? Yes sir. You don't remember how many acres in that? There were sixty-nine or seventy-nine I believe. I wont say. These were conditional deeds, something about taking care of the o14 gortleman? I think so. He had a life time: right in it, He is dead I velieve? Yes sire The tract deeded to his daurhter, ls. lasenby was £014 was it not’ Yes sir. In proceedings instituted by yeu? Yes sir. An4é you bought it? Bo sir, did not. Who paid for the nurchase of this land? My wife and Mrs. Cody they bought it. Mr. Ernest Gaither bid it off for them Where 41d Sheyret the money? She sold the timber on all the lands and sold it. So you were transactine the business all the time yourself: I was working, yes sir. You handled the money? Yes sir, paid for it throurh her, yes sir, You out the timber? | Got Mr. Jim Holmes to out it. . You employed Mr, Holmes for her’ Yes Sire Sold part of it on the stump and the othor part was cut and manufactured on the ground, Who 41d the sawing? Mr. Jim Holmes and his orev. You got them to do it? I worked, yes oir. And you made the collection from the sale of the timber? Through her, yes sir, You did it through her or she 414 it through you? You can take it which ever way suite you, And you paid the money to Clerk of the Court? Yes sir, And took « receipt in your name and your wife's nam? I don't knorv how the receipt was civens You don't remember how that was? No sir. Where is the deed to that land? There at home. 29 Why dia you not bring the deed with you? je came off and forgot the deeds and our checks too, That deed is not recorded is it* No sir, I don't think 80. To whom was the title made in that deed? To Mrs. Vody and Puella vearl Harris. Will you produce that deed? Yee sir, it is right there to show for ite ownself,. Will you produce it and file it with the Court? Yes air, the deed will show for itself. flow come you did not put it on record? Two or three reasons why. Did not have the money sometimes and then just \ept it out there. Did all the purchase money come from the sale of the timber off of wnt ie known es the lasenby Tract? No sir. How much of the purohase money oame off of that tract’ Could not tell you. Where 41d you get the balance of the money’ Uy wife had 182 or 189 acres of land in Rowan County. She gold it. where did she ret that land‘ Her aunt gave it to her for tnkinm care of her. Which aunt? Aunt Mendy Creswell, my mother's sister, How long 414 she live with you’ She lived with us until myself and Mr. Cody got into that difficulty anf then she vent back to VYavie County and lived with my mother and my father, Was the deed to the land in your aunt? “10- | The land belonged to my aunt ani she was old and 41d not have anyvody to take sare of her and she wanted us to come take eare of her and she cavo the innd to my wife if we would come take care of her and we would not do it. Q. And you arreed that you would take care of her for the land? Ae Did not male any trade with her at all. Qe Where did your aunt pet the lani‘’ AsIt came from her mamgy's estate - Qe From her mamny? Ae Yes sir. She rot her lant from my grandmother, My mother and aunt got it through Lawyer Price of Salisbury. Qe Who originally owned the land? (Odjeetion by defendant) (Objection over-ruled. ) My aunte Prom whom did she ret it? You got me. I cannot tell yeu. All I imow ~ Did your Mother ever have any interest in it? Yo sir. Dia you ever have any intorest in it? Do sir. When Mr. granimother died, Lawyer Price in Salisbury put up the estate and settled it, and the home land was e014 and my umole was dead and my aunt got her money out of this tract of land apt boughs this place, She was o14 ané could not take care of herself, She gets me to come ami live with her anf she gives it to my wife to come and take oare of her during her life. Qe Did you anf your wife live on this land? Ae Lived on it two years, in the house with her. Qe Was there rot a contract between you ani your aunt? ell«- She held it with my wife just like lire Sody held it with use Jes there not a contract that you were to ret the land for taking care of her? My wife was, fione with me whatever. You lived there two years: Yes eir. Did she live with you’ Yes sir. Diaé she five you a deed to it? Hed it fixed just like this one was fixed up here. Have you got that deed? So sir, we sold it. We got some of the 014 deeds I suppose. Did you put that on record? In Rowan County, I don't think it was. I don't remember. I wont say, don't know, Where are those deeds that you have pot? — If we have pot: any sir, they are at home. You pot title to it some way’ When we sold it, we cave a deed just exaetly like it was, We just gave a deed to it. There was a lawyer and magis- trate fixed it. You and your wife sdld the land? My wife sold it. How much 414 you get for it Mr. Harris? We got about $1170, I think it was about that, and that rents from it that year. How long 414 you take eare of your aunt’ We ore taking care of her yete She is living yet? -18- Yes sir, with my mother and father. How do you contritute to her support? Why I just do it. Just whatever she eats and wears and her home. You paid for her board with your Mother? Yes sire What became of that money, that eleven hundred dollars that you got for that land? We put it nart on the place that we lived on already. Some of it and took and bourht the other side of the road my wife did. Was that the Lazenby place? Yoo sir, thet ic tre Lesonby vl cee Ané that is where you got the money to pay for the Lasenby place? Yee sir what lumber we did not get off the other side of the roads How muoh 414 the lumber amount to’ I could not tell you, we out about eight hundred thousant feet. Off the Lazenby place? Off both places, How leng have you been living up here in Iredell? I can’t tell you that exactly, some eight or ten years or twelve years I expect. Ho’; lonz 444 you live in Rowan’ I lived in Rowan about twelve, I could not tell you that exactly. How long have you been married? I gould not tell, you that exactly to tell you tho truth, -15- Qe some ten or twelve years. When you were married, @1¢ you owm any property? Nothing but a horse and buggy and two wagon horses, two big iron fray horses, Where were you working before you wore married? I was in Zastern part of the State part of the time and in Davie County and in the woods part of the time and in the lumber yard part of the time. You wore not blockading whiskey when you were in the woods were you? Why no sir I was note There 414 you make your home li. Warr is’ Jhen I came howe I would -o to my futher's, Where 4id you claém your hom to be? At my father's. Where was his homeT He lived at Davie County, right at Cooleemee Cotton Mills, How o14 were you when you wore married? I was 26 or 28 years o14, I don't know, How mush property 414 you have when you were marriei? I had two iron gray horecs ani a buggy horse and buggye Did you own any land? Hot a foot in the world eir. Pabher and Mother owned lani? Yes sir, they owne a six or seven hundred acres then, bat don’t think they own it now, Think they sold it,just own house and lot. Your father is living? Ae Yes sir. Re Ever make any advances to you in any way in the way of lhe moneys or land? No sire That do you owe ‘fr. “arris, how much are you in dobvt? Yell sir, I could not tell you without counting. I owe lr. Stamey Holland two hundred ani fifteen dollars, I dwe the Henlel-Craic Live Stock Co, two hundred dollars and owe two hundred dollars around here at the Merchants & Yearmers Bank and I owe other little debts outside, first and last I expect amounting to fifty or seventy-five dollars. That 40 you owe Stamey Jlolland for? — A pair of horses and wagon I swapped him for and cot. I gwapped one for a pair and gave him 3215, to boot. we Where aid you get the horses you swapped Mr, Holland’ Ae I could not tell you, I could not do that. } Qe That color? A. I eould not tell you that. ©. Don't imow where you rot then? A. Fo aire I swap so much I could not tell you the difference, R.delieve I got it from him, ltr. Pred Confers I got it from hime Qe You owe this judgment’ Ae I do if it is just and hoost, C. Woll it was rondered a3 judgment on the dedt? A. I owed the debt if it was just and honest, Ce You gave the note, upon which the judgment was rendered? Ae You sir. I would have paid it before this, but there was 39,700, and some odd dollars and notes arainst the land I bought, for whieh I gave the note, ani I came to ay lawyer, Mr. Dicholeon and he searched it and gaid it was good, but for me not to i it got off all that. I was advised not to do it. Vell {ft is off now‘ | I don't know. I have not searched it. iell why don't you pay this {uficment? I paid them fifty dollars end interest and rept on and wont to pay them next and it was all wrapped up and they had left it let run until the interest had eaten it up and I told them I would not pay unless they would start pay mont when it first came due. “hen I-come to make my next payment, it was covered up with $8700, and they would not ’ take thet off and tir. Armfield was attending to it ani he took sick about that time ani it was several years before they ever 414 anything more with it and the interest ate it up until I would not pay it. So you are not willing to pay for it now? To @ire It has got too big? Yes sir, You are plenty able to poy all the dedts you owe’ I will pay overything I owe homstly. You have got plenty of property to pay sll you éedte? No, I have not, but I will ret the money, This note, upon which this jucement was rendered was given for the purchase mony of sam lote out here on the Turnerebure road wore they not? Yee sir, And you paid a part of it down and gave a mortgage for the valance? Don't know what I gave. I sirned it, don't know whether it was a mortgage or note 50 Then they took judgment to foreclose that mortgage? I suppese We; I édn't knew Mr, Turney. >) * The property aS @014 end you refused: $0. “pay: the: beraned ” Yee sir. What ig the date of that deed that you have for the land? X sould not tell you that. Deed or the deed that you have for land that you have not recorded you will file that? Yes sir. Have you any notes due you? No sire Have you any olaime due you? NO sir. | dey apoounts due you? No Gir. Do you throw away all your labor ani work for nothing them AeI get a)1 I work fore Qe Ae What do you do with it? I eat it up, arink it up ani wear it out and burn it up in gasoline. , You @on*t have anything nt all of your own? I got some stook of my own, How mach wheat did you raise on that place this year? Have not measured it. : | Kbout how wash? I have not counted it. How many seres’ I never measured it, Approximate and tell us how much? | olf. I could not tell you, » Did you make a hunéred bushels of wheat? I would not saye Did you make ten’ I would not saye Will you tell whether you planted any wheat at all or not? I could not tell yous How many bushels 414 you plant? Could not tell you that definitely, How long did it take you to put it in the ground? I could not tell you that, I did not do it all. Hew many bales of cotton aid you reise lest year? Te raised four, made a little over four. Bow many €i4 your tenants reise? I 444 not raise any, they raised it. What did you det I hanled lumber quite’ a lot, walked: apeeey § end bosaed. What 414 you boast : Bossed the farm How moh 414 your wife pay you to boss it? Bothing at all, only just what I eat, ani wear and need there in the family, just wee it. If I need any just honest money I can go to her and get it, Dia@ she ever give you any money at all? Oh yee sir. Make depoocit in the bank any time’ Yes sir. How much have you got on deposit now? Nove at all, nary & penny. 18- How muoh 41d you deposit altorzether in the last twelve nonths? | I expect I handled somewhere between two thousand. Have not got any now at ell‘ Tone at alle What did you do with it: ‘Paid up my just honest debts, You aid‘ Yes sir, Do you handle as mach as that every year? To girs How much have you handled this year? Could not tell you. I hove not handled « great derl this year. not since last year, last fall. You work every day’ To @ire You are a pretty hard working man aren't: you ir. Harris? Yes sir, but keep out of it sometimes, What kind of work 40 you 4o*% I work sometimes at the saw mill, turn lors ,cometimes I saw ana I come to town, Who @o you work for when you are working at the saw mill? I worked for lr, Charlie Green last time. Have not any Sew mill of your own have yout Ho sir, Do you work by shares when you work for Charlie Green? No sir, I work for $1.25 when I turn logs and two dollars when I saw. And you trade Mr. Harris? Yes sir, sometines, Qe Make money sometimes and sometines lose morey' Ae Yos siree. Ce Always striving to ada something to your possessions? A. Always striving to work to make a living. @.And to acoummlate something? ‘Xe I try to make a livine and accwmlate something if I oan do 80, yes sire ake deposits in a bank that probably approximte twelve hu@4red to fifteen hundred dollars a year? ; Uo sir, I have lost money for the last two years, never said it, And you are plenty able to pay °ll your debts, except this one, whieh vou 4isnute? fo sir, I am not able to my it. So did you mean what you said a moment ago when you seid you were planty able to pay every dollar that you owed? Did not say that. GROSS. lire. Harrie the note which is note in the present judgement was riven for the purchase of some land was it not? Those two lote out here Mr. Mie Laughing What became of those two lote% Why they took them, I don't know what they did do with then, They sold thenf They 414 sell them, I understand they sol4 then, The proceeds applied to the note? Yes sir. So that everything you got from them has been put beck on the judgnent? | “20- Ae Yos sir and the fift; dollars I neid on it. PLAINTIFF RESTO. Pe Ae Fe MARRIS, witness for the defendant deposes and says: Qe DIREOQT. Mr. Harrie the plaintiff has offered your tax returm here with rerard to some land and some stock, just tell the Court who owns that and the oiroums tances connected with tt? lty wife owned it. The land that you listed in thet the Cody land, which she inherited from her ‘nther? Yes sir, New -the pereonal property suewu in tke tax abstracts, just state i Three of the horses is mine when I gets them paid for and the remainder of thom belongs to here And the cows? I have not pot any, never had any in my life. Has your wife got cows? Yes sir, that is what her father gave her when she was marr ied, The cattle in the tax returns’ Just to turn it all in my name. I would not swear that I told them those « I turned it all in together, my wife's ani mine torether, think I did. Now there wore some farming implements in the return, who owns that’ She doea, I don't farm nonete So that in the persenal property in this tax return you say @2le@ the three noree@ will be yours when they are paid for? Yes sir, The other proverty belongs to her’ Yes sir, Tne horses, which are yours and unpaid for, who holds the Glaim on those? ire Stamey Holland and Mr, Ce Vs Henkel, I bought this males, that one that belongs to lir., through Mr. Henry Preanell from ur. Henkel -ni heve never paid him e nickel on it to this time. I think it is already in the record, that that is your property, you may state emaine how mmoh you owe ifr. Henkel ond Ux, -dehlena on tus, property taat.dis- yours? I owe Mr. Henkel two hunired dollars for 9 mie that I bought from him. How much do you owe Lir. Hollan&? I owe him Two Hundred and Fifteen Dollars. That is arainst the live stoek, whieh you have returned for t texes’ Yes sir. Recorded mortgage against them I don't know, Is there anything else that you want to explain to the Court? Nothing except about my autanobile. My wife had those men to come out from town to see her. Mrs Llooke Moknight and a eotton buyer, I could not tell you who he was, ‘She swapped her cotton raised on her place by the tenante and swapped 4t for the auéomobile, direct to them and the cheok was ~22- made to the Oarolina ‘Motor Company from Nr. He Te Steeles. Qe A. ey The man who bought your wife's ocotten them paid the man who sold her the automobile for the machine. It was not made in my name at all and he took the c ot ton away, never made any check. How mush money individually did you ever put in the auto- mobile? Yone at all, only just used it. Maybe I vought a couple of tires ani put on ite CROSS. You never did have any money yourself? Never had a great deal of money individually my OWne Rverything 18 done in your Tife's name? | To sir, not everything. Why 414 you mortgage your wife's property and swear it was your own? When 414 I do it’ Here on the records? fever mortrage any of my wife's property ami awore to it. Did you ever mortgage your wife's property? I 4on'’t know whether I 414 er not, but if I did I askeé hér if I aoulde You mortgaged it as your ow’ I 4i¢ not. If I 444 I aid not know it. I mortgaged my own stuff. You represented it to mortgare as your property? If I ever mortgaced anythine that was hers I don't know ani ewore to it. I will ask you if you 414 not mortgage to Henke l-Cratg Live Stock Go, on Pebruary 10th, 1916, three heaé of stock, one sorrel mare mule, one bay mule, five years old, both this apy rogeived from Henkel Oraig¢ Live Stook Cos, on large mare mule, four years old « 87 Ae I could not tell you, every bit of that is paid. ‘Qe But you represented to them at the time that it was your property? P eould not tell you, part of the stook 41d and part of ' {t canndte- I ask you if on February 1th, 1915, you 414 not represent to Henkel-Craig Live Stock Co, that you owned one peir of sorrel mare mules, four ycars o1é ané one iron gray mare mule and one iron gray horse mules, about eix years old, if you aia ‘not revresent to them at that date ? I head eom® eto&k; I doula not tell you. “IT t61a Rim when I boucit thie last mules,I said I will give you a claim against a mule that belongs to my wife. My others there are Olaims already on. I will ask you on the Slst day of March, 19123, if you did not represent to Henkel-Vraig Live Stook So, that you owned and gave a mortgage on one No, 9 Bisson wagon, one pair of iron gray mules, originally received from then? I aon*t deny it, I don’t kmow, I cannot Say I 414 or 414 not. I know I paid thom about sixteen or seventeen huntireé dollare in about two years, And that was all for stock was it not? Yes sir and they all died about, nearly all of them died just lile flies. How many 4iea7 I loot five, six seven. That was way back there, when 414 they 4ief ode . 3 (One,died last Christmas, the last one died on a Suniay. What year’: eis Christmas 1916. How many more did you lose in 19167 Don't believe I lost any for about a year or two. When 414 you lose those others? I eould not tell, In 1913, 19127 I could not tell, I don't know, The only ome you recollect is the last one? Yes cir, ‘The vay I recollect that ny wady was buried that day. a “DEFENDANT RESTS. BILL OF COSTS. eel To Anne Bell Yalton, Stenographer, Dee To 1/4 day stenopraphic report of case = .. " 25 pages typewritten evidence © 209 " 2 garbon copies % 10 d Total . .« Receiver 1917 ' ‘North Carolina In The Superior Court Iredell County. A.S.Alley et al ve. AFIIDAVIT ade, oe a SE ee he eworn deposes and says that he is one of the plaintiffs in the’ Jas W.Brown. above entitled cause; that at the October Term 1911., plaintiffs obtained judgment in said action against the defendant for the sum of $3586. 46 and costs with interest as set out in said judgment; that said judgment was duly docketed 6n the dookets of said court and appears on Docket No. 13 at page 271 . That said judgment ie still unsatisfied ,defendant having only paid the following amount thereon,to wit: $500.00 on Ootober 15th 1913 and $500.00 on Febdy 25th 1914., leaving the balance of said judgment and costes. .unpaid, That plaintiffs desire to revive said judgment for the purpoee of having execution issued thereon and to this end they pray that a notice iesue to the defendant ag required by law in auch caces, mse flo fat 1917./ nes Shorn to and @ubecribed before me this the 16th day of Jung 1917. me __0.8.C. _—__—_— _ i } i } | North Carolina In The Superior Court Iredell County. A.8.Alley »> et al > ™ wig Jas W.Brown , ~ oS ba ve. NOTICE TO DEFENDANT | ar eee ele STATE OF NORTH CAPOLINA TO TEE SHERIFF OF IREDELI COUNTY GREETING: ~ Wherea&,in the above entitled action judgment was rendered in favor of the plaintiffs and against the defendant ,on the3%th day of October 1911., for the sum of $3.586.46,with interest on $3.036.46 from Jany 3nd 1911., and on $500.00 from Jany 30th 1911 until paid ,which judgment was duly docketed on the judgment docket of said court at page 271 Docket No 13., which judgment etands on said docket uneatiefied in part;and whereas the plaintiffe , having made oath that said judgment has not been satisfied in full; Now Therefore You are commanded to make known to the defeniant that he appear before th ion by a court at his office in Stateeville on the CP och < of June 1917., at 10 0%c1ock A.M. and show cause ,if any he has ,why exeoution a @hould net issue on said judgment for the amount still unpaid, “and have you then this and there thig notice . Witness Jae A.Hartness clerk of the said court at office in court house in Statesville N.C. this the 16th day of June 1917. uperior Court Iredeli County N.C. North Carolina In the Superior Court Tredell County Before the Clerk [ A.S.Alley et al ve ORDER REVIVING JUDGMENT Jas W. Brown imgree «oes @E% appearing from the return of the notice | issued that service of said notice was duly accepted by the defendant ;and it further appearing that said notice required the defendant to appear at the office of the undersigned on Saturday the 14th day of July 1917., at 10 BB Oclock A.M. and show cause,if any he had , why execution should not issue on the judgment described in said notice ; and it f rther appearing to the satis- faction of the court that said judgment has not been satisfied ,and defendant having failed to show cause why exéditien shavld not fesuer er It is therefore odered and adjudged that anid judgment be and the same is hereby revived ,to the end that exeoution may be issued . This July 14th 1917. faint SUMMONS FOR RELIEF.—Judge.—Printed and for sale by Brady Printing Company, Statesville, N. C. Lge tt SUMMONS FOR RELIEF. State of North Garolina. c the defendant.. above named, if be found within your ty, to be and appear before the Judge of jor Court; at a Ogurt to beheld for AAA-____ at the Court House in Me oniti mstan 1 Pein mtg of AKA L927 nme . ml the samp being the.92.0.-day of - 191... and answer the complaint, a copy of which will. be deposited in the Clerk of the Superior for said Connty, within the first three days of said Term, and let said Defendant take notice if..¢*4..thgy fail to answer to the said complaint within that time, the plaintift. 5 will apply to the Court for the relief demanded in the com- plaint. Hereof fail not, and of this summons make due ret 8, DuUid 4 , Oe = = - Re Me shall pay the Defendant__.-_- all such a>, may resover of the Plaintiff_..___ in this action. In the Superior Court. | | °-"“I6[ ‘Wey 0} eTqeainjesy | dqiTza wOi SNONWNS * « e cost as the Defendant_ > = 3 oS 1 1 1 i J 1 i i i i 1 i i 1 1 ' i 1 ' I ' ' i i ! ' Te Witness our hands and seals, this____.__.day of. ..-----...---------sa¢+-------A. D., 101... Sworn to and subscribed before me this.___.._..day of _.....-..-......-....-____191___- ‘We auiewioiion ourmelves thound wate... oe thie i the Defendant____ in this action, in the sum of._...._...__.-----------------------Dollars, to be void, mempeieaeaiy,. UE as Pe é = z < Y = b x o Zz ~ ° ul E be ” +--------------~----------------..---. being sworn says he is worth the sum of two hundred dollars over and above his debts, liabilities and property exempt from executions. ee me re ee ee re ee eae cee a ae me a ee ee ca ae ee ee eee ee ee ee SESS OR SK MOO Oe MEE OOOO Eee meme wee ee ewww ewer ee enn ee ee ee Ee ee Se ee ee ee eS eee ee ee et « s if North Carolina In The Superior Court Iredell County. July Term 1917 A.S.Alley, F.A.Cloaninger , C.H.Brown, A.G.Brown ,G.L. McKnight , W.C.Johnson and Mutual Film Com:any ,Inc., ve COMPLAINT. Jas. W. Brown. Plaintiff$above named complain on behalf of themselves,and all other creditors of the defendns , who will come in and seek relief by contributing to the costs of thés action, and allege: FIRST. That the creditors of the defendant , Jase W. Brown are very numerous and some of them are unknown to plaintiff ,and can not with diligence be ascertained by them ;That it is impracticable to bring them all before the court in this action ,wherefore they sue for the benefit of all. Second. That ae plaintiff's are informed and believe the defendant is heavily indebted and insolvent ,so muchso that all of hie property real and personal if sold under execu- tion or under the power of sale contained in mortgages will not bring a eufficient sum to pay off and discharge his in- debtedness. Third. That there appears of record ,among othere, the __ following deede of trust or mortgages,to wit: H.A.Gmith wae Othe sAsth 2913. Colson & Osment Jan. 30th 19132. C.A.Johneon Jun. 25th 1910 Geof A.Grimeley Trust- May 19th 1910 A.L.Brooke ” . ” ° 8.8.S8Steel Dec 2mad 1909 H.A. Smith Sep 30th 1909 G.M.Kipka July 15th 1909 * * * 838 8382833! €-rOwd UY ” Aug 23rda 1907 A.W.Coleon Trust- Deo let 1906 D.K.MoNeely Oct. Sth 1916 ¥.C.Johnsgon : May 20th 1914 a 3338 3888888883399 Which total ‘not including interest, the sum of 89.003.99. Fourth. That among others there are the following judgments of record against the defendant, to wit: Natinnal Supply Co., Mutual Film Co., W.P.Carpenter A.G.Mechor Z.V.Turlington W.C.Johnson & Co., " " H.A.Smith n Mrs. R.L.Bame n n R.L.Bame Bank Of Alexander " n G.L.MoKnight et al Bank Of Alexander n fn W.C.Johnson & C.? ” ’ " n H.A. Smith J.D.Campbell J.A.Hartness B.M.McNeely Kelly Clothing Co., J.L.Fortner @xixMaeXnigk kxexxat W.D.Turner Rec. W.W. Rankin Co., * f f f " n n American Can Co., Sam. Alexander 8.M.Goodman ° Stonega Coal Co , General Fire Ext. Co., F.M. Bank of Mooresville Mre. R.L.Bame J.H.Cloaninger T.J.Rodgers ¥.P.Carpenter Interetate Realty Co., J.B.Cornelius Interstate Realty Co., A.C.Bame Huffman & Mull Harris & MoNeely D.W.Preesly Nesbit & Pressly Standard Mirror A.S.Alley et al Conkling Armetrong Co., Tenn. L.&.M. Co., Co., Wich totale the sum of $2052/ and interest and subject to posdi plaintiffe. i 7/9" {147. 5/27/17 2/23/17 3/22/17 1/3/17 3/22/17 34.90 150.00 84.84 165,00 100.00 71.00 110.00 169.09 169.09 169.09 125.78 109.45 800,00 800.00 200 .435 5738.75 2/19/17 Ya 2.189.21 1.750.00 483.17 1.039.20 2/22/17 n wm~Osnz sae eeaeaaeaeasaza2es ne ~~ 9/16/16 4/17/16 11/ 1/13 7/24/15 6/22/15 2/ 2/15 5/27/14 1/26/14 9/13/13 8.49/13 7/12/13 1/27/13 2/25/13 2/ 7/13 4/ 4/11 3/ 9/12 3/ 93/12 12/14/11 12/14/11 9/30/11 9 /30/11 1/19/11 7/27/12 +), eR lusive 169.09 169.09 800.00 100.900 800.00 200.00 200.00 200.00 100.90 125.00 200.00 125.78 109.45 800.00 130.35 61.76 65.75 35.00 2.538.75 106.14 180.65 110.02 1890.00 180,09 73.65 59.71 109.83 25.25 24.39 152.64 1.000.00 1.000, 00 105.16 191.63 850.00 132.24 182.33 250,00 139.85 74.34 153.34 101.04 352.00 3,586.45 573.19 141,00 Cr.622.26 of ocoste 44,02 ble payments unknown to Fifth. That in addition to the above indebtedness which appeare of record,plaintiff's are advised and believe that defendant is largly indebted by notes and open accounts to persons unknown to plaintiff's. Sixth. ( ) That plaintiff's are advised and believe that the defendant has from time to time for the past 5 or 6 years made large payments to some of hie creditors ,for which he has received no credit ,said payments having been made to seoure delay in the collection of said indebtedness ; That these payments in equity and good conscience should be cre- dited on said indebtedness in order to ascertain the true amount due thereon in fixing priority between creditors . Seventh. That the defendant ownés farming lands in Iredell County and aleo owngs several store houses in the town of Mooresville and a number of dwelling houses; that the rents and profite derived from the rent of said farming lands ,store rooms and dwelling houses has been collected by the defendant and applied to hie own use ,other than the discharge of his record indebtedness as plaintiff's are advised and believe , while the interest on the vaste sums due by defendant is permitted to accumulate to the detriment of junor judgment creditore . That said rente ,»which are us- vally paid monthly, will amount to about #2.500.00 per year ae plaintiff's are advised and believe. Eight. That because of the vaet number of liens attach- ing to his property ,the uncertaanty of the amount due on any particular lein or debt and the legal complications arising therefor no prudent investor can safely purchase any of said property at any proposed eale under mortgage or execution ,and junor lienore have no knowledge or method of ascertaining the amount of prior liens in order to protect themselves at any such sales; That in order to protect the rights of creditors and to prevent the sacrifice of defendants property it is necessary that a receiver be %& - ©& appointed to collect the rents and profits arising thereform and to take charge of all of degendants property both real and personal and to dispose of the same under the directions of the court ;and that creditors be required to come before the court in this proceeding and account for all sums recei- ved by them on theireaid indebtedness to the end that the assets of the defendant be juetly and aquitably “pplied to the payment of his indebtedness. Nineth. That by reason of the defendants complicated gaadizien finacial condition as alleged in the eighth para graph of thie complaint , hie dwelling house in the town of Mooresville,which is one of the most modern and beet located dwelling in the community, was recently sold at public auc tion under mortgage and brought only about two thirds of its value ,being bought in by defencants wife. That there ie now about /J§~ number of houses and lots of defendant being advertised for sale under mortgage ;that the mortgagee in gaid sale has, as plaintiff's are advised and believes ,recei- ved large sums Byxwaxxatxeexes 071 gaid indebtedness which have not been credited ,same having been paid and received ae usury ;that if said sale is permitted to be made said property will not sell for anything lixe its value for the reasone aforesaid ,to the irreparable injury of the plan- tiff's and other creditors of the defendant . Wherefore plaintiffe demand judgment ; That a receiver be appointed to take possession of defendants property and to dispose of the same under the orders and directions of the court for the benefit of all his creditors; That creditor be required to prove their claims in this pro- ceeding ;That sales under mortgage be enjoined until the claim is reported to and proved before the court in this proce-:ding and for such " fursher relief ae may be just and proper? A; dha) 7 Attorneys for plainti 7, rose | Zl. L (Avia eh, * aye: being duly sworn deposes and says that he is one of the plaintiff's above named that the forgoing complaint is true of hie own knowl- edge ,except as to those matters and things therein stated on information and belief ,and as to those he believes it to be true. : iY apf Sworn to and subscribed before me this the day of Aug 1917. KR -y- (Dyn ph Cac @ North Carolina Superior Court Iredell County. July Term 1917 A.S.Alley ,F.A.Cloaninger C.H.Brown ’ A.G.Brown »Geble MoKnight , W.C.Johnson and Mutual Film Co., Inc., vs. Judgment. Jas W.Brown This cause coming on to be heard and being heard at this term of the court ;and it appearing to the court that the defendant is heavily indebted and inesol- vent ;fhat that numerous mortgages , deeds of trust and judgments creating liens upon defendants property are Outetanding involving complicated questions of payments and priorities between various creditors ,and it further appearing that a number of dwelling houses and other pro- perty ie advertised for sale under mortgage and that the amount due on said mortgages,or evidences of indebtedness secured by said mortgagee are unknown and uncertain and that by reason of the complication ae to priorities of liens ,said property if sold under said advertisements will not bring a fair and reasonable value to the detrime:t of creditors: It is therefore considered and adjudged that Hon .. W.D.Turnem and A.L.Starr be ,and they are hereby appointed Receivers and are hereby authorized ,empowered and direo- ted to take charge of the real and personal property of the defendant ,collecting the rents and profits derived the- refrom ,and hold the same subject to the further orders of the court; that said receivers make and inventory of all the assets and liabilties of the defendant and report same to the court as required by law. It is further ordered that said receivers before entering upon the discharge of their duties hereunder, give a joint bond in the eum of Five Thous- and dollare with sufficient sureties to be approved by the Clerk of this Court ,and conditioned to faithfully discharge their duties ae receivers and to obey all lawful orders of tre court way Pe r aut es pevapetes Sin Pterrpe 4 gar Obyy Te turt er/consifered and adjudged that H.A.Smith . ~ e ‘ ad a G.M.Kipka and A.L.Brooke Trustee,their agents and employees , be and they are hereby restrained from making sale of any of defendants property ,except under the orders of the court. It ie further considered an adjudged that all creditors of the defendant be and there are hereby required to make proof of their claims before the receivers above named on or before Monday October let 1917., and that all creditors of said defen- ant are hereby restrained and enjoined from interfering with or attempting to sell or dispose of any of the property and assets of the defendant . It is further ordered that said receivers give T&xrxyx thirty daye notice to creditors to present their claims as above provided ,by publishing said notice once a week for in the newspapers published in Mooresville and oper ed N.C, orl tad bane e, a Z 4 “2 =P a8 Vv atl, It is further ordered that the Clerk of this court « issue and cause to be served upon H.A.Smith , G.M.Kipka and A.L.Brooks Trustee a copy of this order restraining the sale of defendants property . This cause is retained for further orders. SO eT 7 peu Sy os breif ates Borth Carolina | In the Superior Court | Iredell County | Jaly Term, 1917 I A.8. Alley, et al I - VS - j Jas.W. Brown I fo the Sheriff of Iredell County, GREETING: You are hereby commaned to serve the attached order upon H.A. Smith and G.M. Kipka by delivering copies therecf. Herein fail not and this writ make due return. Witness my hand this e llth day of August, 1917. Clerk Superior Court. North Carolina | In the Superior Court | Iredell County | July Term, 1917 I 4.8. Alley, et al vs. Jas. W. Brown To the Sheriff of Guilford County, GREETING: Yon are hereby commanded to serve the attached order upon Hon. A.L. Brooks, Trustee, by delivering to him copy thereof. Mepein fail not and of this writ make due return. Witness my hand and seal of this Court, this the lith day of August, 1917. Seiden é rk Superior Court. 4 42-1bs ho I2I 28 Walnuts hazel nuts pepeern tematees apples wessen ceeking eil tripe hemeny salmen temate-seup schicken seup eysters peted meet sardines perk & beans seaked ,, chipped beaf apple -butter eagle milk 3 > » 9°? ,? peper sause elives puffed wheat curants dates kare syrup orice pestteasties teeth picks temate catchcup rumferd baking pdw geodluck 9? pickles eats heminy grits mustard spices cettline arbuecles ceffee yeast shreaded cecenut pestun special eeffee jar rubbers white beahs three baskets basket 9° a9 9° cans 9? 9? cans 9? 9? a? a? a? I bettles HA) CHO 93 pkgs a? ao? cans 3 Bon a? pkg ,? bet. cans oH yo OW Svun—IW fo ,? a btl. cans pkgs btl pkg cans pkg He een a? ,? ,? OH HHNUTUIWN OO fo fo steek pewder EG H -? ’* reup remidy lice killer crackers matches jar caps& rub. fruit p dw bakers chaclete gum jar cakes lice killer disenfectant HN WW Qu! bo oO“ a7? teb a ope t aksh brewns mule mississippi std T. C. 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I 00 a» a9 22.00 99 6660. 24.50 o> o? 2l2 12000 9» a9 2.75 2? 9? 2420 200 00 2» »» 4205 3:90 99 a9 4200 Depgelg,remie shees “70 2.40 60 50 00 wi ND 5 On HDD torn HHO HOI] COE tw tH TH a — % OW CVOWN Co * - HH Cn RHO @ @ o © canvase ruber seles capes hats blue serged suit ‘4 bey raic ceats .00 2 tablets dez 38 shee strings 5 flesh pewders bex I5. pipes ceb 42 sissers I pair 20 safty pins 2 papers I garters 3 . peper shakers 25 peket keeks I @an epeners 25 ink 2 razer henes 39 0 english renem 27 vilen bridges 33 9 keys I0 guiter bridges 2 vielen strings 86 asserted strings 1.00 suppergers ehildren «J teilet perfume . Teo taleume pewders 2 hankerchiefs 3 basket avining frent 5.00 brushes 15. Otal 2.70 , *186:35 Tetal Fade . 7 0 The fellewing is an invatery ef the preperty assigned» te me by T. A. Weeds & Ce. by deed ef assignment dated mareh rugs sleave helders pair 36 supperters mandeline strings riee 1.48 mana er 28th, 1916. CM, dears, I Herse & delivery wagen Swern te and subseribed befere me this March -7. 1916. Nerth Carelina,. Iredell Ceunty. C. M. Adams Trustee.) Fer ( Befere Cleark ef Superier Ceurt. T. A. Weeds & Company. ) The last and higest bid I have been able te se- cure fer the T. A. Weeds & Ce. is $457.50 , by J. R.Pesten, and J.E. Tharp., This is a new partnership ergnuzed te de a general grecery business under the firm name @f The Under Price Greeery cempany, This is the best bid i have been able te sesure frem the abeve named parties, S.B.Miller, F.B. Phifer, J.W.Ayers& gen, anda Mr. Ferrill ef Raleigh. I reecemend the acceptance ef this bid. This IIth, day ef April, I9I6. CY Ldacssag, sssignec North Carolina. Iredell County. ORDER FO SALE OF ACCOUNTS. of T?.- A. WOODR G&. CQ. Before the Clerk . of Superior Court. Whereas, C. M. Adama , Trustee of the T. A. Woods and Cempany, hath this day made oath that the twelve months for settleing the trustees affairs of the T . A. Woods & Co. has most expired, and it appearing that said trustee has yet un- collected accounts of said T. A. Woods & Co. amounting to $ 364. 77: it is ordered by J. A. Hartness, Clerk of the Superior Court of Iredell County, that said accounts be advertised in some county paper for 40 days , and sold at the Court House doar after said advertisement to the highest bidder at public auction. Given under my hand, this the I0day of March I9I7. J eee North Carolina. Iredell County. Cc. M. Adams Trustee . Of. T. A. WOODS & COMPANY oo Before the Cierkxof the SUPERIOR COURT. C. M. ADAMS, Trustee of the T .A. WOODS & Co., being duly sworn, deposed and says: That the time for closing the trusteeship of the T. A. Woods & Co. is only I2 days from the date of this affidavit, and that the affiant has old accounts of the Firm of The T. A. Woods & Co. amounting to $364 77 which he has been unable to collect, the affiant prays that the Clerk of the Superior Court order these accounts to be sold at public auction to the highest bidder at the Gcourt House doar after advertisement of said accounts in some county paper for thirty days. a ——, ceeseactacanc cavceng yl Guptssecy Possiarevws 290% Sworn to and subscribed before me this the I0 dag of March. I9I7. . x Le be CRC. North Carolina. Iredell County. Cc. M. Adams Trustee. of Before the Clerk of T. A. Woods & Co, Superior Court. we we we we we We +e Trustees fourth adaét and final account: 1. Collected to date sin¢e: last report, $ 20.82 including accounts sold at auction. 2. Collected for stock whensold . 457.50 46 Gollected on accou ts before fast report 21.18 > 499.50 4, Paid out as cost to court 6.00 5. paid to T. A. Woods all in excess of cost, commissions, ects, as personal property exemptions. which he reserved by deed executed to C. M. Adams as trustee, and by contract deed with his Partner D.B. Krider, each being recorded in Iredell County. This final account filed the 15th day of June, 1917, by C.M.Adams, Assignee, Subscribed andsworn to before me, this the 15th day of June, 1917, J} Gow. Deputy Clerk Superior Court,