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HomeMy WebLinkAbout1930-1931 State of North Carolina, i In the Superior Court County of Iredell. (Q Before the Clerk, | C H Turner Manufacturing Company Inc, 6 | vs (4 FINAL JUDGMENT, J C Draughon 4 This cause coming on to be heard before the undersigned Clerk of the Superior Court of Iredell County, North Carolina, on this Monday, January 20th 1930, upon motion made by attorneys for the plaintiff, for judgment by default final, and it avpearing to the Court that claim and delivery proceedings were duly instituted on the 26th day of November, 1929 by due issuance of summons herein on said date; that said summons was returnable as required by law; that time was extended for filing of the complaint to December 16th day of December, 1929, by order of the Clerk of the Superior Court of Iredell County; that on December 16th 1929, a duly verified complaint, demanding a sum certain in mone» ey cue on a written instrument, to-wib: A chattel mortvage, was filed; thet as an incident to the chief relief demanded in this action, the plaintiff in its aforesaid complaint demanded, in this action, that, by virtue of the authority and power continied in said chattel mortgage, certain items of personal property to-wit: One Grain Register, One pully for hay bailer, One 40ft No. 5 rubber belt One No 70 chrgstler 1925 model touring car and One chivrolet 1928 model truck, be taken from the defendant and sold to pay and satisfy the balance due on the eforesaid chattel mortcarce and money judgment that might be rendered herein; that in consequence of the demanding of the said incidental relief, the afore- said summons had attached there to Plaintiff's affidavit and undertaking in the amount of $600.00, together with an order of the court directing the Sheriff of Yadkin County to take the aforesaid items of personal property from the defend- ant and deliver same to the plaintiffs; that the aforesaid summons and attached papers werw duly served on the defendant personally on the 27th day of November 1929, by the Sheriff of Yadkin County by reading to the defendant the said sum- mons and leaving with him a copy of said summons, affidavit, undertaking and or- der; that the return of the aforesaid Sheriff of Yadkin County entered onx siad Summons and attached papers, evidenced that he took the aforesaid items of per- Sohal property from said defendant, expept One No 70 Chrysler 1925 model tour- ing car; it further appearing to the court that the time allowed for the defend- ant to plead has elapsed since the said service of the summons, affidavit, under- taking and arder upon defendant, and that no answer, demurer or other pleadings oF motion has been filed by defendant, and thet no extension of tims UiEnen which to plead or to move has been requested by or granted to the defendant; 6 and it further appearing that the plaintiff exhibited to the court the afore- pr chattel mortgage, and that there appears to be due on said obligation the sum of $684.50, together with interest on the same since June 2lst 1929; and it further appearing that by virture of the aforesaid chattel mortvage, the plain- tiffs are entitled to the aforeseid mentioned items of personal property des- cribed in said complaint for the purpose expressed therein. Thereupon it is adjudged, decreed and ordered by the Court as follows: 1. That the plaintiff, C H Turner Manufacturing Company, Inc. recover from the defendant, J C Draughon, the sum of $684.50, together with interest on the same at the rate of 6% per annum from June 2lst 1929, until paid, together with the costs of this action to be taxed by the Clerk of the Court. 2. That C B Winberry be, and is hereby appointed as commissioner to sell said property, after acvertising in accordance with law, to the highest bié der for cash, and to aply the proceeds of said sale first, to the payment of the expenses of said sale including the usual 10% commission to the commissioner; second, to the payment of the judgment hereinabove decreed; and third delivery > e of the balancey if any remain, to the Clerk of the Court for the disbursementn b to the defendant or to whom ever else may be entitled to the same, This Monday January 20, 19350. _John_L Milholland _ Clerk Superior Court. North Carolina, } In the Superior Court Iredell County. } \ WS Rankin Executor of \ denn A Rankin, deceased. vs JUDGMENT. John B Houston and Ida May HOuston, a —_ o— This cause coming on to be heard before John L Milfflolland C S C om Monday January 20 1930, and being heard, and it appearing that a duly verified Complaint was filedyin this cause on December 19, 1929 and that a copy of the Complaint and a copy of the summons was served on each of the defendmts on Dec 19, 1929 by rea@ing summons to each of the defendants. It further appearing thé more than thirty days having elapsed since the filing of the complaint and the Service of the SUMMONS « It is therefore ordered and adjudged that the plaintiff recover of the defendants the sum of Eighteen Hundred ($1800.00) Dollars with interest thereon from Han 1, 1929 at the rate of six per cent per annum and the costs of this ae tion, Sa ee It further appearing that this action is foreclosure of a mortgage deed, It is therefore ordered and adjudged that Zeb V Turlington be and he is hereby aD- pointed a commissioner to sell the lands described in the complaint in this action at public auction to the highest bidder at the Court house door in Statesville,n ¢ for cash after advertising the same for thirty days in the Mooresville Enterprise a newspaper published in Iredell County and by posting a notice at the Court house door in Iredell County and at four other public places in said county and report his proceedings to this court without delay and this cause is retained for fur. ther orders, Monday January 20, 1930. Kk ___ John L Milholland Clerk Superior Court. North Carolina, 4 In the Superior Court Iredell County. 4 C L Williams, Keceiver of the § Commercial Nattonal Bank of i Statesville, N. C. 4 vs ) JUDGMENT, J L Smith $ This cause coming on tonbe heard before me this Monday, January 20th, 1930, upon the verified complaint of the plaintiff and it appearing to the Court that the summons herein and a copy of said complaint was duly served upon te dee fendant on December 16th 1929, alias summons having been issued in apt time after the original summons herein was issued and not served in time; And it appearing that this action is instituted for the recovery on a note of the defendant for $1431.50 with interest from February 27th 1928, executed by defendant to C H Turner Manufacturing Company and by that Company duly transfer- réd to Commercial National Bank of Statesville, North Carolina, and also for the recovery of the possession of the personal property set forth in paragraph eight of the complaint; 4 ‘SHthenm annannt + 7 a 2 , - 1 And it further appearing that the cerendant has not filed any answer within the tire allowed by law and thet the Plaintiff is entitled to judgment by or the principal sum of said note and interest thereon and for the perso:ial property described in the complaint; It is therefore ora ered and adjudged that the plaintiff recover of the. defendant the sum of $1451.50 with interest from Febraury 27th 1928, at the rate of six per cent per annum and all cost of this action; _ t It is further ordered and adjudged that the plaintiff recover of the defendant the following articles of personal property set forth and conveyed in two chattel mortgages recorded in Book 24 page 301 and Book 25, vage 157, of the records of the Register of Deeds for Columbus County, North Carolina, for the purpose of sale under said mortgages and the application of the proceeds to "]- Frick Eclipse Portable Boiler & Engine on Wheels #7083 A. 1- 84 x 10 16 H P Eclipse Tractbon Engine, #11065, complete with cab and all regular fittings; rebuilt with 3" Chime ‘histle. l- Turner's new pony saw mill with three headblocks, power recorder and two taper attachments, l- Turner #1 Dust Machine l- 70 foot 10" x #+ply rubber belt l- saw", It is further ordered that if the @efendant shall fail to deliver said issue personal property to the plaintiff, that the execution#therefor under this judgment. John L Milholland es ~ Clerk Superfor Courte a IN THE SUPERIOR COURT JANUARY TERM 1950, 225 Monday January 27, 19350, / North Carolina, { In the Superior Court Iredell County. 4 January Term 1930, Be it remembered that a Superior Court begun and held in and for the State and County aforesaid, on the oth Monday before the lst Monday in March, t# 1930, the same being the 27th day of January, 1950, when and where His Honor, ° Thos J Shaw, Judge Presiding and Holding Courts for the fifteenth Judicial Dis- trict Spring Term, 1980, is present and presiding, and the Hom. Zeb V Long, Solicitor and Prosecuting Attorney is present and prosecuting in the name of the State. JL Sherrill, Bigh Sheriff of Iredell County, is present and returned into open Court the names of the following good and lawful men to serve as jur- ors for the first week of this term of the Superior Court, to-wit: The following were drawn and sworn as (irand-Jurors for the term: 0 C Morrow, RL Hepler, H L Childers, li W Cornelius, Jas M Cook, RH Brown, Bob F Williams, T Alec Stimmers, W L Keller, R E Brown, F T Meachem, R A Cloya J A i O Motley, EX A Stroud, J B Troutman, ° B Crowson, Fred Alexander & T R Nanney. i F T Meachem was appointed and sworn as foreman of the Grand-Jusy. i H F Heath, was appointed and sworn as officer of the (irand-Jury. E T Troutman and S A Plyler ans were excused by the Court. L E Wallace was returned "Not to be found in Iredell County". The following were drawn and sworn as petty jurors for the week: H N Johnson, H G Jolly, C L Warren, A P Steele, WC Johnston Jr., J L Shimpogsk EW Fetmster, T 0 Ervin, T E Templeton, TO Ervin, T Y Robinson, C L Sherrill, R E Hill and N E Morrison, The following were drawn and sworn as talesmen jurors for the week; RH Cline, W D Pharr, J A Padgett and W L Williams. \ No. 1 ) PERJURY \ State § Nol Prosed with leave. vs ' F Fetidon M Privette } \ No. 3 § CAR@EMAL INTERCOURSH WITH FHMALE. State } Nol Prosed with leave. vs ) Lloyd C Bowman 0 \ No. 4 § TO APPEAR AND SHOW GOOD BEHAVIOR. \ State ) . Defendant appeared and showed good behavior. It is * 7 } ordered and adjudged by Court that defendant be dis- ‘ Fred Ervin ) charged. a \ No. 5 } TO APPEAR AND SHOW GOOD BEHAVIOR. a State ’ Defendant appeared and showed good behavior. It is Dh § ordered and adjudged by the Court that defendant be Charlie Overcash § discharged, TN INH ay AE fla ed wee POY ie Fp sen wtmaitead st lg \ \ NO. 7 State vs Herbert G Morrison , No. 9 \ State \ vs ‘J P Mayhew Ne. 10 \ State \ vs Edd Gantt No. 11 State vs Wagner Ferguson . ie? 2S \ State vs James Williams Zo, 135 State vs S R Morrison No. 143 15 & 16 \ State vs Lawrence Long No, 18 State \\ Bhi.vs Dewey Houston Cecil Isenhour vs ked Cline No. 19 \ State vs E B Cox No. 26 State vs Russell Holtsclaw No. 27 > State vs James R Newton SS ooo =e <* ee e e et ee ne oS co So em o> > <— SSS et et CS ec Sm oS = ono So: mS om << IN THE SUPERIOR COURT JANUARY TERM 1930 Monday January 27th, 1930/ TO APPEAR AND SHOW GOOD BEHAVIOR. Continued under former order, STOREBREAKING AND LARCENY Continued by consent SEDUCTION Nol Prosed with leave, TRA? SPORT AND POSSESS LIQUOR. Alias Capias STOREBREAKING AND LARCENY Alias Capias DISPOSE OF MORTGAGE PROPERTY Nol, Prosed with leave ) TRANSPORT AND POSSESS LIQUOR, ETC. Capias to Union County and Continued, LARCENY The defendants through their counsel wave finding of bill and tender a vles of cullty of an attempt to commit the crime of larceny of cotton as charged in the warrant which plea is accepted by the State. r Judement of the Court is that the defendants each Pye anes in common jail of Iredell County for a per- o¢ of ['WELVE MONTHS, and assigned to work on the public roads of said county, not to wear stripes, TO APP#AR AND SHOW GOODE BEHAVIOR, befendant appeared and showed . oO 96h > n l= ed under former orcad. g00d behavior, Continu ASSAULT ON FRMALE, Alias Uavias ARSON Alias Capias FAILURE TO Pay COURT COST, Defendant Called a Instenter Sneton nd failed, Judgment Nisi Sci Fa and No. 50 State vs archie Winecoff No. 51 State vs furner Sinckair Lonnie Reavis No, 39 State vs Rat Higgins \NO. 44 \State vs J T Towell No. 52 \ State vs Bob Cowan Dave Rankin \ \ 53 \\State vs Bob ‘Cowan Dave Rankin \ Nog we \ State- \) vs Robert Cowan Yo. 56 \ State vs Sloan Brotherton 227 IN THE SUPERIOR COURT JANUARY TERM 1930 Monday. January 27th, 1930, een na nes wee PX Se em oo Se — oo ee rt OO OS SS SO ee St es et eet ee ee FORGERY The defendant comes intomopen Court and through his corm sel waves finding of bhll and tend _ of guilty to an attempt to commit a fe1onPaeeeieea in the warrayg which plea is accepted by the state. STORE*BREAKING AND LARCENY The defendant come into open Court and plead guilty to storebreaking and larceny as charged in the bill of indictment. It is ordered and adjudged by the Court that the de- fendants be confined in the States Prison at hard labor for not leas than FIVE NOR MORE THAN EIGHT YEARS, FORGERY The defendant comes into open Court and through his counsel piéads guilty to an attempt to commit a felony, to-wit forgery, which plea is accepted by the State, It is ordered and adjudged by the Court that the de- fendant be imprisoned in the common jail of Iredell County for a period of EIGHT MONTHS, and essigned to work on public roads of said county for said period, nob to wear stripes, GIVING WORTHLESS CHECKS Defendant withdraws his appeal, Off. STOREBREAKING AND LARCENY The defendants«come into open Court and pleads guilty to storebreaking and larceny as charged in the bill of indictme nt. JUDGMENT of the Court, as to Dave Rankin, is that she ( be confined in the State's Prison at hard labor for not less than FIVE NOR MORE THAN EIGHT YEARS, Ag to Bob Cowan, Judgment of the Court that the defend ant be confined in the SBate's Prison at hard labor for not less than THREE NOR MORE THAN FIVE YEARS, LARCENY OF AUTOMOBILE. Nol Prosed with leave, HOUSEBREAKING Praver for judgment having been continued last court as to Robert Cowan, it is the judgment of the Court that he be confined in the State's Prison at hard labor for not less than TWO NOR MORE THAN THREE YEARS, the term of this sentence to begin at the expiration of the sentence in #52. FORGERY The defendant comes into open Court and pleads guilty to forgery as charged in the bill of indictment, Judgment of the Court that the defendant be confined in the common§ fail of Iredell County for a period of EIGHT MONTHS, and assigned to work on public roads of said cour ty, not to wear stripes. sangeet ee Eseantnatts se hertn aare aera aimaiecmampdagesinnce>. soon oes a abe 2 _ \ 298 No. 22 State vs George Karriker No. 22 State “vs George Karriker January 27th, IN THE SUPERIOR COURT JANUARY TERM 1950. Monday January 27th, 1950. } MURDER 8 Be it remembered that at this Term of the Superior Court § of Iredell County beginning January 27, 19350, and sitting } for the dispatch of business, this the 27th day of January 1930, the Grend Jury of said Court in a body, 17 present, Jas M Cook having been excused, returned into open Court’ the following Bill of Indictment in words and figures as follows: INDICTMENT -- MURDER State of North Carolina, Superior Court, Iredell County. January Term, A D 1930, Te Jurors for the State Upon Their Oath Present, That George Marriker late of the County of Iredell, on the 29th day of September in the year of our Lord one thousand nine hunared and twenty nine, with force and arms, at and in the County aforesaid, unlawfully, wilfully and feloniously of his malice aforethought did kill and murder ons Robert. Bostian against the form of the statute in such case made and provided and against the peace and dignity of the State, Long, Solicitor Endorsed on the back by the following words and figures to-wit: NO, 22 State vs George Karriker INDICTMENT Various Cases nh — - —— Pros on et is latent oor Witnesses Horace Bostian X Mrs Julia Karriker X Mrs Robert. Bostian J Blick Alexander X Fred Bostian : Those marked X sworn by the undersigned Foreman and ex- amined before the Grand Jury, and this bill found is found A True Bill, a ____F T Meachem oa Foreman Grand Jury ) MURDER § The Solicitor announced that the State would not ask for ) a verdict of murder in the first degree, but would ask for ) S verdict of murder in the second degree or manslaughter. , The following named jurors were sworn and empannelled for their verdict; H N Johnston, H G Jolly, J L Shimpock, | T 0 Ervin, T E Templeton, T W Robinson, CL Sherrill, RE \ Hill, RH Cline, D Pharr, J A Padgett and W L williams. \. __4The defendant comes into open Court and through nis counsel P S Carlton and Zeb V Turlington pleads not guilty. This Honorable Court takes a recess until Tuesday Momning 1930, at 9:50 A. M. ~ Judge Pres for the th Judicial Distruct IN THE SUPERIOR COURT JANUARY TERM 1950, Tuesday January 28th, 1930. Tis Honorable January 28th, 19350, at { No. 22 State v8 George Karriker flo. 6 state . vs ernon Kash \ No. 34 | state ve Fred MeLeliand No. 35 \ State vs Sam Rogers Soro er SS a Se \ No. 35 State vs Will Hall \ No. 40 amrere vs Dump Ewell No, 57 \ state * vs E R Long oo a= Se So \ No. 55 State vs Chas Bell Brown, \no. 36- Bill Hager, Jay Messick, &Boyd Pope’ - A True Bill. \ ie. 29- J Wallace Stevenson, \\ Hoe 43- H EK Thompson, 49 & 50= Luther Laws & Calr Brooks, , Wo. Nae: 41 & 42= Joe Brown & Russell Kistler, A True Bill No. 5l- Joe Brooks, A True Bill Court tenvenes according to adjourmment Tuesday Morning 9:30 A. M. for the dispatch of business, MURDER This case resumed for hearing and continued through £k the day. _TO APPEAR AND SHOW GOOD BEHAVIOR. The defendant appeared and showed good behavior. Continued under former order. STOREBREAKING AND LARCENY Nol Prosed with leave. LARGBNY ; Continued for bill; not opposed by counsel for the defendant, FALSE PRETENSE. Continued by consent. USING HIS HOUSE FOR IMORAL PURPOSES. Nol Prosed with leave. TQ APPEAR AND SHOW GOOD BEHAVIOR. Defendant appeared and showed good behavior. Continued under former order. A True Bill. 2 A True Bill A True Bill seeps nectennpecenganaantiteit OC WAC aan A True Bill. This Honorable Court takes a recess until Wednesday Morning January 29th, 1930 at 9:50 O'clock A. M. oS, Be OS ae Judge presi and Holding Courts for the th Judicial Disbpict. Seen, — * OB This Honorable Court convenes according to adjournment IN THE SUPERIOR COURT JANUARY TERM 1930, Wednesday January 29th, 1930, Wednesday Morning January 29th, 1950 at 9:50 A. M. for the dispatch of business, : NO. 22 x State \ vs George Karriker No, 235 \State " vs Gepge Karriker No. 24 State 2 a. George Karriker No. 25 State vs George Karriker No. 29 State ~ vs J Wallace Stevenson \ No 32 \State vs Clyde Hellarad \ No. 41 & 42 \, State vs Joe Brown Russell Kistler : No, 43 State vs K E Thompson ‘ No, 45 State vs Woodrow Johnston No. 46 & 47 State vs Barney Tolbert Forest Dingler <-> O = SS SS ee a ee MURDER The jury returned a verdict of not guilty of mans laugh ter but guilty of assault with a deadly weapon, Judgment of the Court that the defendant be confined in common jail of Iredell County for a period of (18) EIGHTEEN MONTHS, and assigned to work on public roads of said county, not to wear stripes, ASSAULT ON FEMALE. Nol Prosed with leave, TRANSPORT AND POSSESS LIQUOR, Nol Prosed whth leave DRIVE CAR WHILE INTOXICATED Nol Prosed with leave, HOUSEBREAKING AND LARTENY The defendant comes into open Court and pleads guilty to Housebreaking and larceny as charzed in the bii2 oF indictment, Judgement of the Court that the defendant be con-=- fined in the Statets Prison for a term of not less than TWO NOR MORE THAN FIVE YEARS, at hard labor, ASSAULT WITH DEADLY WEAPON The defendant comes into open Court and through his counsel Lewis & Lewis pleads guilty to assault with deadly weapon as charged in the bill of indictment, Judgment of the Court is that the defendant be con- fined in common jail of Iredell County for four months and assigned to work on roads of this county, not to wear stripes, and that he pay the cost, capias to is- sue angtime within three years to carry this road sen- tence into effect, STOREBREAKING AND LARCENY The defendant cmes into open Court and plead guilty to storebreaking and larceny as charged in the bill of indictment, It is ordered by the Court that the goods taken from the defendants be returned to the owner, : LARCENY The defendant comes intomopen Court and pleads guilty to larceny as charged in the bill of indictment, Judgment of the Court that the defendant be confined in the State's Prison at hard labor for not less than THREE NOR MORE THAN FOUR YEARS, POSSESS LIQUOR, : Defendant withdrew his appeal from hower court. Serving sentence TRANSPORT AND POSSESS LIQUOR. _The defendantsccome into open Court and through bheir counsel Lewis & Lewis pleads guilty to transporting and Possessing liquor which plea is accepted by the State. » 48 tate We ‘BeWitt Ramsey 0. 49 & 80 tate vs Luther Lews Carl Brooks No. 51 State ‘vs Joe Brooks ~_-~ No, 64 State vs Robert Stewart \ No. 55 State vs Charles Bell Wood \ No. 20 State vs Alec Albea oC = St eee Ce oS em ac ooo Sooo Como oe OOO wee oo =e 0 oo Se Ae eet IN THE SUPERIOR COURT JANUARY TERM 1930 Wednesday January 29, 1930 FORGERY The defendant comes into open Court and pleads not guilty Jusy sworn and empannelled to try the case, Jury withdrawn and a mistrial ordered, LARCENY AND ATTEMPT LARCENY OF AUTOMOBILE, The defendant Luther Laws comes into open Court and thru his counsel Z V Turlington pleads not guilty. Defendant Can Brooks comes into open Court and pleads not guilty and thet he is under 16 years of age, Jury sworn and empannelled return a verdict of not guilty as to Luther Laws, and that they find Carl Brooks under 16 years of age. It is ordered that the defendant Carl Brooks be remanded to the Juvenile Judge for disposition, DRIVING CAR WHILE INTOXICATED, fhe defendant comes into opeh Court and pleads guilty to driving car while intoxicated as charged in the bill of indictment, Judgment of the Court that the defendant be confined in common jail of Iredell County for a period of FOUR MO/!'THS and assigned to work on public roads of said count, hot to wear stripes, and that he not drive a car for a period of Twelve Months, ADVISE THE PROSECUTRIX TO CONMIT ABORTION, The defendant comes into open Court and pleads not vuib ty of seduction and pleads not guilty of the crime of advis ing the prosecutrix to commit an abortion, but through his counsel waives the finding of a bill and pleads guilty of prostitution in the first degree, which plea is accepted by the State. Upon recommendation of the Solicitor and his assistant counsel in the case, motion for judgment is continued for two years upon good behavior snd upon the defendant's vay- ing into the Clerk's office $500.00 for the benefit of the chile, Hoyt Combs, and paving the cost, LARCENY The defendant comes into open Court and pleads guilty. The value of the chickens stolen found to be less than $20. Judgment of the Court that the defendant be confined in common jail °f Iredell County for a period of BIGHT MONTHS, and assigned to work on phblic roads of said county, not to wear stripes. HOUSEBREAKING Defendant called and failed. Capias. \Wo. 46-State vs Barney Tolbert, A True Bill ues. 47- state ve voreet Dingler, A True Bill \w, 58- Statem vs A L Honeycutt, A True Bill Sg S2~= State vs Clyde Hellard, A True Bill \ No.43= State vs H E Thompson, A True Bill No.48= State vs DeWitt Ramsey, A True Bill ta seen NS stereochemical sitmnees \ \ \ No. 60 State vs George Morrison (Coa) IN THE SUPERIOR COURT JANUARY TERM 1950 Wednesday January 29, 1930 MURDER Be it remembered that at this Term of the Superior ’§ Court of Iredell Gomby beginning January 27, 1950 § ’ and” sitting for the toh of business, this the 2Oth day of Ja y the Grand Jury of said Gourt in a body, &} Bent, Jas M Cook and W B Crow. son having been ea, returned into open Court the following Bill of Indictment in words and fig- ures as follows: INDICTMENT #=- MURDER. State of North Carolina, Tredell County. In the Superior Court January Term, A D 1930, The Jurors for the State Upon Their Oath Present That George Morrison, Col. late of the County of Iredell on the 25th day of Jany., in the year of our Lord one t thousand nine hundred and thirty, with force and arms at and in the County aforesaid, unlawfully, wilfully : and feloniously and of his malice aforethought did ich 11. ana mugder one Garfield Tuck, Col, against the forn of the statute in such case made and provided and against the peace and dignity of the State. ___ _Long olicitor. Kndorsed on the back by the following words and figures, to-wit: No. 60 State vs George liorrison, Col —_ ~ mea INDE OS Bs aT Various Cases. Vare, Pros Witnesses: Ed Gillespie Col. X T M Halyburton J V Mize X Dr. Lon Little Those marked X sworn by the undersigned foreman and examined before the Grand Jury, and this bill found Yes A True Bill. _._F T Meachem ae Foreman Grand Jury jonorab le Court takes a recess until Thursday Morning January 30th, BLO: CO O'Clock A. ee Judge Pres for the me and Holding Courts th Judicial District 2 IN THE SUPERIOR COURT JANUARY TERM 1950. Thursday’ January SOth, 19350 This Honorable Court convenes according to adjournment Thursday worning January SOth, 1930 at 10:00 O'clock A. M, for the dispatch of business No. 17 state vs John Gunes. No. 20 & 21 State vs Will Mulkey Bank Gaines \ No ae 27 State vs James R Newton No. 28 State vs Joe Eccles ’ No. 36 State vs Bill Hager Jay Messick . No. 37 \ State ‘vs Jay Messick No. 58 State vs Boy& Pope Jay Messick j § § § ' Q i ) 4 ) ) ) ‘ 4 j 4 é ) 4 4 § ) 4 t 4 j ) 4 ) ) I IP IE I A EO A A AO at > ree ee ee ASSAULT ON FEMALE. Not a True Bill. TO) APPEAR AND SHOW GOOD BEHAVIOR. The defendants appeared and showed good behavior. Gontinued under former order. FALSE PRETENSE pefendant appeared and payed costs of action which was order of last court. It is ordered by the Court that judgment sf Sci herete for ordered by striken out on payment of the coste TO APPEAR AND PAY COSTS. Defendant called and failed, judgement Nis& Sci Fa and Capias. FORGERY Me defendant Jay Messick cones into oepn Court and pheedshguilty as charged in the bill of indictment to forgery. The aefendant Hager comes into open Court and through his counsel Lewis & Lewis pleads not scuiltye The following jurprs, CL Sherrill, H G Jolly, J & Shimpock, R L smith, L C Steel, W ¢ Johnston Jr., H L Gilbert, G A Hunter, “TM Westmoreland, O Williams, ES Millsaps and H F Moody’ were sworn and empanelled and re® tumned a verdict of guilty with recommendation of mercy. Defehdant moves in arrest of judgment. Motion over rulef. Defendant excepts. Judgement of the Court that the defendant Jay Messick be confined in the State's Prison at hard Labor for 12)" TWELVE MONTHS. Judgment of the Court that the defendant Bill Hager be confined in common jail of {redell County for period of FOUR MONTHS, and assigned to work on the public roads of this county,not to wear stripes. FORGERY T,¢ defendant comes into oven Court and pleads guilty to forgery as charged in the bill of indictment. Judgment of the Court that he be confined in common tak jail of Iredell County for 4 period of TWELVE MONTHS, and assigned to work on public roads of said county, to wear stripes; Capias to issue upohithe order of the Court at anytime within Three years to carry this second sentence 4nto effect. This sentence not to be concurrent with the sentence of 12 months in the State's Prison, but to be- gin after the expiration of the sentence in the State's Pri Sone FORGERY ‘ The defendant gayemessick comes into open Court and mis pleads guilty to forgery as charged in the bill of indic® ment. Defendant Boyd Pope comes 4nto open Court and thru his counsel Lewis & Lewis pleads not guilty. The following jurors, T 0 Ervin, T E Templeton, T W Robinson, KR & Hill, KH Cline, WD Pherr, R C Bunch, WL Williams, © L Warren, EW Feimster, N E Morrison and H N Johnston returned a yerait of NOT GUILTY. 234 No. 41 & 42 \ State A Russell Kistler Joe Brown, No, 47 State \ vs ¥Yorest Dingler No. 48 State vs ‘DeWitt Ramsey No. 59 State vs * Sam Phifer wee State vs George Hilton SCordie Longswopth alias Jackie Lones- worth, IN THE SUPERIOR COURT JANUARY TERM 1930 Thursday January 30, 1930, STOREBREAKING AND LARCENY These cases consolidated for trial, ) Judgment of the Court is that @keh of the defendants be { confined in common jail of Iredell County for a Period of ) EIGHT MONTHS, and assigned to work on public roads of RE } said county, not to wear stripes, § TRANSPORT AND POSSESS LIQUOR. § Judgment of the Court that the defendant pay a fine of § %50 and one-half the costs of this action, ) § FORGERY 0 Hudgment of the Court that the defendant be imprison- } ed in the common jail of Iredell County for period of } FOUR MONTHS AND ASSIGNED TO W®RK on public roads of saig } county, not to wear stripes, } STORMBREAKING AND’ LARCENY ) The defendant comes into open Court and Dileads guilty e } to storebreaking and larceny as charged in the 9211 of o § indictment. MURDER Be it remembered that at this Term of the Superior Court of Iredell County beginning January 27, 1930, and sitting for the dispatch of business, this the 40th day of January, 1930, the Granda Jury of said Court in a b 15 present, Jas ¥ Cook, B Crowson and Hepler having been execused, returned into open Court the following Bill of Indictment in words and figures as follows: ody INDICT) ENT ss MURDER State of North Carolina, Superior Court, Iredell County, January Term A. D, 1930, The Jurors for the State Upon Their Oath Present, That Georve Hilton and Cordie LOongsworth, alias Jackie Longsworth late of the County of Iredell, on the 10th dav of July, in the year of our Lord one thousand nine hundred and Twenty nine, with force and arms, at and in the County aforesaid, unlawfully, wilfully and felonious- ly and of their malice aforethought did kill and Murder one Hubert (H H))Sherrill azainst the form of the stat- ute in such case made and provided and against the peace and dignity of the State, ee Long Solicttor/7 Endorsed on the back by the following words and figures, to-wit: No, State vs G6éorge Hilton and Cordie Longesworth alias Jackie Longsworth, _—-- oe ee INDICEMENT Various Cases A --D .-anneeassonssetitti~catineenes 3OV. , Pros Vitnesses: Mrs Ruth Hamilton Xx Miss Afrie Emmons X JL Lippard x EB Frazier, Boycé Brown Xx L C Bova F M Littlejohn x Harry Joyner Those marked X sworn by the reman and examined before th : undersigned Fo © Grand Jury, and this bill found _fes_ Ss A ‘True Bill, —_F.T Meachem _ ee oreman Grand Jury. IN THE SUPERIOR CouRT JANUARY TERM 1950 Thursday January 350th, 1950. In the Superior Court North Carolina, Jredell County. Term Jan. 1930 Judge Thomas J. Shaw, Presiding. We, the grand jury for the January Term of Iredell Superior Court 1930, beg to make the following report: We have passed on all bills referred to us and have made beturns to the presiding Judge. We vistted all the offices tn the Court House and visited jail. We find that the jail is in sanitary condition. We recommend putting in two win- dow lights upstairs. Je think the fail should have slips to cover matresses. We find twenty-one white innates, males, eleven col white girl. We find the clerk*ts# room, and there is much room white ladies and colored ladf# e&. Also County W Tic i r ner jer ayeNny office needs more room. The Welfare Of e, , perintendent, ever thing going well in her department, except tie ; ject delinquent women over } 5 ~ » id fn 13) 911 ‘ . county constitute a most perpisxing proble work, We would ; rest MMH some way to handle these cases, le also visited the County Home. We find eleven white male immates, fifteen white lades, ten colored male, and seven colored female, forty-three in all. We find bedding in good shape. ‘ve think thet colored should have new matresses on beds. Inmates all claim good treatment. We find nine cows in good condition and giving plenty of milk; seven heifers, one male cow, one male calf, all in good condition; five work miles, We find one International tractor, one plow, one harrow, one drill, and one binder, all in good condition. Barn kept in good condition. "e find twenty-tw 8ix month old pigs, one sow and seven pigs, six fattening hogs, thirty-eight hall. Two thousand, five hundred pounds of meat on hand, five thousand poung of flour, Plenty of roughness. One hundred sixty-eight hens, ten roosters, xkie the flock supplying double amount of eggs used. Inmates have no complaint. We visited the County Chain Gang. We find thenty-one black inmate forty-three white, sixtv-five in all. Two mules, good condition, two tractorg No 60 ana 50, good condition, two wagons, five wheelers, good condition, Slep ing quarters in sanitary condition. We found they had enough warm vedding, kitchen was in sanitary condition, We think the dinning table should have oil Cloth cover, F T Meachem Foreman of the Grand Jury. This Honorable Court takes a recess until Friday Morning Januaby 318} 1930, at 10:00 O'clock A. M. 235 IN THE SUPERIOR COURT JANUARY TERM 1930 Friday January 3lst, 1930, IN THE SUPERIOR CouRT JANUARY TERM 1930 FRIDAY JANUARY Sist, 1930/ This Honorable Court convenes according to adjournment Friday 5. Has the plaintiff been a boni fide resident of the State of § Morning January 31st, 1950 at 10:00 O'clock A M for the dispatch of business North Carolina for more than five consecutive years immediately next pre- the commencement og this action, as alleged in the complaint? IN RE: BOND, ceeding , K Pp cf Upon application to the Court to modify the judgement Answer: Yes, in the above entitled case, the Solicitor consenting thereto; It is adiudged that the judgment heretofore entered inthis case at Aug Term 1929 be modified so No. § | t 0 ) 4 judgment shall read as follows: North Carolina, ) 4 ) State vs Jason Troutman er Judgment absolute for penalty of the bond to-wit, In the Superior Court 1000.00 arainst the defendant Jason Troutman and his | Tredell County. surety C A Troutman, to be discharged upon the payment of $600.00 and the cost of the Sci Fa and tie cost f Vv 3 5 V on the execution now in the hands of the Sheriff, ' i. ; vs ) 2S A S28 North Carolina, § Ella Smith Ro*inson. ) In the Superior Court al fredell County. 9 Jury sworn and empannelled answered the issues as follows: Fannie Shuford } 1. Were the plaintiff and defendant married as alleged in the com- vs ) ISSUES ——— suince Shuford 6 Answer: Yes qT w 2. Did the plaintiff and the defendant separate from each other vury sworn and empannelled answered the issues as follows: er ; (the defendant having abandoned and deserted the plaintiff) and have they iv aintiff and defendant intermarryas alleged in the com- wae lived separate and apart from each other for more than five successive a 1. Did the vl plaint? Answer: Yes ‘ os pee e 8 alleged in the complaint, without fault on the part of the plainte <e Did the defendant abandon the Plaintiff and live separate and agate . : ' : tiff. apartfrom hery without 1 faunl ‘ s . we enOus any fault on plaintiff's part, for more than five con- : Answer: Yes secutive wars next precéeding the commencement of this action as alleged 3. Has the plaintiff lived and resided in the State of North Caro- lina for more than five successive years next prededing the filing the com ihe ean aT Plaint in this action and the commencement of this action, ve (as the plaintiff been a boni Fide resident of the State of Answer: Yes a ive consecutive years immediately next the Oo AS allered in the complaint? North Carolina. In the Superior Court sw Iredell County. January Term 1930, \ Ethel Young Love 4 North Carolina, \ vs Doe 6.0 8 Bs [Iredell County In the Superior Court ht . Jack Love t enry King Jury sworn and empannelled answered the issues as follows: ve ) SSUES : rrr : lst. Were the plaintiff and defendant married as allege n e Johns’ King ) complaint? Jury Sworn and Answer: Yes, empannelled answered the issues as follows: Le Did the Plair v : 2md. Has the plaintiff been a resident of the State of North “are tiff and defendant intermarry as alleged in the Pp pores lina for two years immediately preceeding the filing of this compalint? Answer: Yes : X ' nswer: Yes 2. Bid p ‘ ae a ee and live separate and a- ; 3rd. Did the defendant abandon the plaintiff and commit adultery part from him with : . out any fault on his part, for more than five consecutive = ] @s alleged in the comphaint? years next preceeding the commencement of this action as alleged in complaint? Answer: Yes Answer: Yes i IN THE SUPERIOR COURT JANUARY TERM 1950 Friday January 51, 1950. North Carolina, In the Superior Court Tredell Countye January Term 1950. Co#die Childers vs 4 TSSUES. G L Childers. ) Jury sworn and empannelled answered the issues as follows: 1. Were the plaintiff and defendant married as alleged in the complaint? Answer: Yes 2, Did the plaintiff and the defendant separate from each other and live separte and apart from each other for more than five successive years as alleged in the complaint without any fault on the part of the plain- tiit? Answer: Yes 3. Has the plaintiff lived and resided in the State of North Garolina for more than five successive years next preceeding the commence= ment of this action? Answer: Yes North Varolina, In the Superior Court Iredell County. January Term 1950. J V Barger, PF M Barger, and C E Barger trading vs 4 ‘ as Barger Brothers, 4 ' { Henry Campbell, Jury Sworn and empannelled answered the issues as follows: lst. Did the plaintiffs furnish material for the erection of & house for the defendant on the lands described in the complaint, as alleg= ed in the complaint? Answer: Yes 2 2nd, When did the plaintiffs begin to furnish materials? Answer: April 24, 1929 3rd. Did the plaintiffs file a lien in the office of the Clerk of the Surerior Court as alleced in the complaint? Answer: Yes 4th. What amount, if any, are the plaintiffs entitled to recover of the defendant, Answer: $402.13 with interest from June 15, 1929. IN THE SUPERIOR COURT JANUARY TERM 1950 Friday January S51, 1950. No. 617 Lier oe Jury sworn and empannelled to answer the. issues vs in this case, ; 4cholson After evidence had been offered, upon intimati on BB Nic of the Court as to how it would charge the jury, the plaintiff submits to a non-suit md appeals to the Supreme Court. Lake. 542- Lola Johson Beard vs Glenn V Beard-- Continued No 580- Lela Macktee vs Tom Macktee, ~- Continued N No Rigs 581- Ila T MeCGall vs Robert MeCall-- Continued Nii \ 5B4— Clarence Garson vs Lizzie Carson -- Continued J T MeTush vs Ethel MceTush -- Continued \No Myrtle D Osborne vs ‘) F Osborne -- Continued \ \ No \ 600- Long *« Glover and Lewis & Lewis vs Martha J Ostwalt -- Conttinued. 613- Murlee C Falls vs Ed Falls -- Continued Continued A Mic 616= Robert W Cavin by next friend vs E A Henley, -- Tis Honorable Court takes a recess until Monday Morning February, 3rd, 1930 at 10:00 O'clock A. Me — v J ; ies Judge presidin¥ and Holding Courts for the 15th Judicial District < ee IN THE SUPERIOR COURT JANUARY TERM 1930 SBGOND WEEK Februarg 3, 1930. North Carolina, In the Superior Court Iredell County. January Term 1930, This Honorable Court meets according to adjournment at 10:00 O'clock A. M, Monday Morning February Sra, 1930, when and where His Honor, Thomas J Shaw, Judge Presiding and Holding Courts of the 15th Judicial District of North Carolina, is present and presiding, this the Second Week at January Term 1930, J L Sherill, High Sheriff of Iredell County, North Carolina returned into open Court the names of the following good and lawful men to serve as jurors of « this Court for the second week for civil cases, to-wit: EA Matheson, Fred Parker, TG Shaw, J M Robinson, E V Swann, CB Smith, PM Dillon, 7 A Morrow, §E J, Sloan, J M Lynn, W Ross Mills, A L Sims, Ray Stroud, A J Blankenship, D 1, "arren, J 6 Galliher, CC Templeton, The following we excused pb: the Courts; M M war Y, SG Caudill, Rk R Mayberry, The following were returned "Not to be found 1; [Iredell County", Y Hare ris, L Jones, J Harris, and R G Shaw, The following were sworn as talesman, jurors tior the term, John Freeze, J Kk Lazenby and I oa Ingle, North Carolina, { In the Superior Court Iredell County. § January Term 1930, Long and Glover and Lewis and -Lewis, rLeeintiff¢te § vs § JUDGMEN DD, Martha J Ostwalt, Defendant. § The plaintiffs and the defendant having amicably adjusted out of Court the matters involved in the above entitled action, by copsent, the said action 18 hereby dismissed as on Judgement of non=suit and the judgment heretofore ren- cered by the Justice of the Peace, in which the cause originated, is hereby re- versed, striken out ana held of no validity and if heretofore docketed, the Clerk will enter a notation thereon of the record of this jJudemenb which shall operate as a cancellation of Same, —__Thos, J Shaw Se Judge Presiding Consented to: John A Scott Attorney for biaintdffs~ _Thaddens A Adams. Attorney for Defendant. \ IN THE SUPERIOR COURT JANUARY TERM 1930, SECOND WERK Monday February 3, 1930/ } FORGERY. No. 50 6 Judgment of the Court is that the defendant be imprison- erase ) ed in the common jail of Iredell County for a period of ~ AO} miss C ty Commissioners to Ww THREE MONTHS, with permission of Count: ieee Winecots work him at the County Home of said period, and on further 4 condition that defendant pay costs of this action. \ 46 J TRANSPORT AND POSSESS LIQUOR, HO. 6 Judgement of the Court on the count for possessing liquor prer® ) is that the defendant be confined in common jail of Tredell " iON nd assigned to work County for period of FOUR MONTHS, and a ere TORber’ ' on public roads of said county, not to wear stripes. On ) count for Transporting liquor defendant be confined in 1803 ) to work on public roads of said county, this sentence not } to be concurrent with the FOUR MONTHS sentence, capias to ) issue anytime within Three Years on order of the Court to ) carry this 12 months sentence into effect, STOREBREAKING AND LARCENY tol Judgment of the Court is that the defendant be confined i $ in common jail of Iredell County for a period of TVELVE as miter Q MOMTHS, and assigned to work on public roads of said county , fe } not to wear stripes, L B Bristol \ \ vs $ Louis Spiro trading 6 as The Peoples Store 4 ++ ? {;’ Ow ) ry A S n The following jurors, T G Shaver, D L Warren, E V Swann, C A Smith, L Si R st ‘ 'reeze, J R Lazenby J A Morrow, E L Sloan, J M Lynn, A L Sims, Ray Stroud, John F : ana and I C Ingle, were sworn and empannelled to answer the issues in the above en- t ; ‘ titled case, This case continuing thpough the entire day the court takes a recesg This Honorable Court takes a recess until Tuesday Morning February 4th, 1950 at 9930 O'clock A. li. Judge Presiding : a bee eee IN THE SUPERIOR COURT JANUARY TERM 1950, SECOND WEEK Tuesday Febraary &th, 1950. This Honorable Court convened according to ad journnen upPues day Morn- ing Febraury 4th, 1950 at 9:30 A. M. for the dispatch of business, North Carolina, In the Superior Court Iredell County. January Term 1950 IL B Bristol, Plaintiff vs ISSUES. ) ' L Spiro, Trading as the b Peoples Store, Defendant. 4 1. Did-the defendant lease from the plaintiff the premises des- cribed in the complaint, as alleged in the complaint? Answer: Yes 2, If so, in what amount id the defendant indebted to the plain- Answer: 69 No interest. No. 18 LARCENY State Judgment heretofore entered is ordered striken out, and _ vs jud ment of the Court is that each of the defendants be Dewey Houston confined in common jail of Iredell County for period of Cecil Isenhour 12) TWELVE MONTHS, and assigned to work on public roads } of said county and that the defendants pay the costs; capias to issue at any time within three years upon or- der of the Court to carry this road sentence into ef- fect DL McKay vs A F Craven The following jurors, E A Matheson, Fred Parker, P M Dillon, W Ross Mills, A J Blankenship, C C Templeton, M M Early, 0G Sills, JH Shue ford, M F Moody, J C Galliher and Hugh Haithcox were sworn and empannelled . o answer the issues in this case, Pending action the court takes a recess. ™ Horara a Oou)n This Honorable Court takes a recess until Wednesday Morning 1930, at 9:30 { t Le e a ae M hectare cian Budge P iding IN THE SUPERIOR COURT JANUARY TERM 1950, SECOND WEEK Nednesday February 5th, 1950. Tis Honorable Court convenes according to adjournment Wednesday yorning February 5th, 1930 at 9:50 A. MW. for the dispatch of business, North Carolina, | In the Superior Court Iredell County. f January Term 1950 \ \ DL McKay, Plaintiff \ ISSUES vs 4A F Craven, Defendant 1. Was the plaintiff's car damaged by the negligence of the defendant, as alleged in the complaint? Answer: Yé@Ss 2. Did the plaintiff by his own née “@ as alleced in tne answer? Answer: Yes fendant? Answer: 550.00 o * } : ) tor Court North Carolina, In the Superto our Iredell Countye January Term 1950 \ JWSipes, Plaintiff \ vs ¢ B Gant, Defendant g A amnanyr } ™ 2 Shaver 7. 2 Stevenson The follwewins jurors sworn and empa elled, T G Shaver, % D St , BV Swann, G@ A Smith, J A Vorrow, & ! Sloan, J M Lynn, AL Sims, kay Stroud, I 8 Alexander, Will Hover and [ngzley and answered the isshes as follows; ji , ano fi] ass 1 ¥ La Did the defendant > CB rant, unlawfully oy wrong! lly ass ault the Plaintiff as alleged in the complaint? Answer: No. 2. If so, what damage did the plaintiff sustain? Answer: No. 559 \ BM Spratt ’ " The plaintiff takes & non-suit as to his cause of action \ N vs acainst the defendants. P C Warren and Yates Blanton. 244 No, 563 IN THE SUPERIOR COURT JANUARY TERM 1930, SECOND WEEK Wednesday February 5, 1930, Lewis Po} 1 alk et al tra ai neg ) as Pollak: Brothers. vs Oscar R Mills. NOy 21 State ee .. + acner Ferruson e This case continued by consent, and goes to foot of the calander, } : [IN RE; BOND. Upon recommendation of the Solftcitor judgement is m fied so as to read as follows: +8 modge Judgement absolute according to the sci fa, to be dj charged upon the payment of $500 and the costs aa! a oe Sci Fa, The $500 and the cost have heretofore been paid 7 ° CALLED AND FAILED Tt appearing to the Court that Sci Fa has been served RH Beaty, bondsman, and that no answer has been filed: Tt its now therefore ordered and adjudged bv the Court , that the forfeiture of bond in this case in suum of 4200 be made absolute and execution be issued acainst aka bondsman. eo Mh by > rah Cn) a} This Honorable Court takes a recess until Thursday Morning at 9:50 A. ee ee Judge bresiding Wesiinig glee. IN THE SUPERIOR COURT JANUARY TERM 1950, Second Week. February 6th, 1950. This Honorable Court convenes according to adjournment Thursday Morning February 6, 1930 at 9:50 A M for the dispatch of business. North Carolina, } In the Superior Court tredell County. 4} January Term 1930. wc Pierce trading as Harmony Motor Co. vs Joe N Brooks The following jurors, Ross Mills, Hugh Haithceox, E V Swann, J R Lazenby, D L Warren, A J Rlankenship, Smith, MM Karly, J © jalliher, M F Moody, gm Freeze. and Fred Parker were sworn and empannelled and answered the issues as follows: 1. What amount, if any, is plaintiff entitled to recover of the de- fendant? Answer: $129.59 and interest from Nov 28 2. Nhat was the nature of the property at the time of its seizure? Answer: $150.00 3. Is the plaintiff entitled to the property described in the comp~ laint for the purpose of sale as alleged in the complaint? Answer:Yes North Carolina, 4 In the Superior Court Iredell County. } January Term 1950. WC Pierce, Individual b trading under the firmname ) of the Harmony Motor Company. 1} vs ] 4 Joe N Brooks. Defendant This cause coming on to be heard, and being heard at this term of the Superior Court of Tredeil County before his Honor, Thomas J Shaw, Jude Presiding, and a jury, and it appearing to the Gourt that this is a Claim and Delivery Proceeding founded on mote and chattel mortgage, and that the proper ty described in the complaint filed in this cause was seized by the Sheriff of Yadkin County under said writ of Glaim and Delivery; and that the same was delivered back to the defendant by said sheriff after said defendant had ex- ecuted a replvy bond in the sum of Three Hundred Dollars ($300.00 ) with CB Pinnix as surety. And upon motion by the Attorneys for the Plaintiff, the defendants cause of action was dismissed by non-suit, “Siedike jury having an- swered the issues submitted to them by the Court, to-wit: First: What amount, if any, is plaintiff entitled to recover from the defendants? IN THE SUPERIOR COURT JANUARY TERM 19350, SECOND WERK Thursday February 6, 1930 Answer: One Hundred Twnety Nine Dollars and Thirty Nine cents ($129.39) with interest from November 14, 1928. Second: “What was the value of the property described in said Claim and Delivery a& the time 4t was seized by the sheriff? Answer: One Hundred Fifty Dollars ($150.00) Third: Is the plaintiff entitled to the property described in the complaint, and for the purpose of the sale as stated in the comvolaint? Answer: Yes IT IS THEREFORE ordered, Considered and Adjudged by the Court that the plaintiff, C Pierce, Individual trading ander the firm name of the Harn- ony liotor Company recover of the defendant, Joe N Brooks and his surety, C B Pinnix, the sum of One Hundred Twenty-nine Dollars and Thirty nine cents ($129.39), together with interest thereon from the 14th day of November, 1928 until paid at the rate of six per cent (6%0 per annum, and it is further or- dered and adjudged by the Court that the said defendant deliver said person- al proverty to the said plaintiff, and that the execution issue from this court to the sheriff of Yadkin County where said property is situated com- manding him to seize said property and deliver to the said plaintiff who is authorized and directed to sell the same under term and conditions of this chattel mortvare, and pay the purchase price of the same on the above judge ment and cost of this action, the surp]us or the balance due on said judgment and cost to be paid by said defendant and his surety above named. It is last- ly ordered and adjudged by the Court that the defendant's counter claim set up and filed in this cause be, anc the same is hereby dismissed, Thos J Shaw Judge Presiding N + fn North Carolina, In the Superior Court Tgwdell County. ) January Term 1950, J W Sipes, Plaintiff 4 vs § C B Gant, defendant This cause coming on to be heard, and being heard before His Honor, Thomas J Shaw, Judge Presiding, and the jury, and the jury having found in favor of t P ‘ ° he defendant and answered the issues submitted to them as fbhlows: ist. Did the ad : he defendant, C B Gant, unlawfully or wrongfully assault the plaintiff as alleved in the complaint? Answer: No. 2nd. If so, what damages did plaintiff sustain? Answer: IN THE SUPERIOR COURT JANUARY TERM 1950, SECOND WEEK Whursday February 6, 1950. It is, therefore, ordered and adjudged that the plaintiff, J W gipes, recover nothing from tie defendant C B Gant, and that the cost of this action be taxed against the plaintiff, as provided by law. Thos. J Shaw Judge Presiding — North Carolina, In the Superior Court {Tredell Countye January Term 1930, L B Bristol, plaintiff vs 4 JUDGMENT. L Spiro, trading 4s the Peoples Store., defendant 9 This cause coming on to be heard and being heard before the Hon- orable T J Shaw, Budge holding the courts of the Fifteenth Judicial District, and a jury, and His Honor having submitted the issues to the jury and the juy having answered the t4ssues as follows: 1, DIG the defendant lease from the plaintiff the premises describ- ed in the complaint, 4s slleged in the complaint? Answer: Yes 2, If so, in what amount is the defendant s;ndebted to the pleintif? Answer: $695.00 IT IS THEREFORE, ordered, adjudged and decreed that the plaintiff © recover of the defendant L Spiro, the sum of six hundred and ninety five ($695.00) Dollars, with interest from the first day of this term, together with the costs of this action. This the 6, day of February, 1930. __N_ Thos. J Shaw ___. Judge holding the courts of the 15th Judicail District LB Bristol vs L. Spiro: Motion to setthe verdict aside and for new trial for errors assigned. Motion overruled. Defendant excepts, and appeals to the Supreme Court. Notice of appeal waived. Appeal bond for cost fixed at. $100. Stay bond fixed at $90Q By consent, defendant {s allewed 50 days to make and serve casé@ on appeal, and plaintiff allowed 50 f@ays thereafter to serve counter case as fib exceptions. acd : ae pila ial SURE IS IE EP ate a IN THE SUPERIOR COURT JANUARY TERM L930, SECOND WEEK IN THE SUPERIOR COURT JANUARY TERM 19350, SECOND WEEK Thursday February 6, 1930, Thursday February 6, 1930, . Worth Carolina, |} In the Superior Court North Carolina, } In the Superior Court Iredell County. 9 January Term 1930, Iredell County. } January Term 1930, ° gC Brnokshire et al ) Union Indemnity Company, Inc. p on ' ORDER ALLOWING DEFENDANTS TO FILE ANSWER. \ \ ic ) JUDGMENT Ww P Scholl et al i 4 The Realty Loan and Insurance This cause coming on to be heard at the January Term, 1930, of the Company, Inc, C A Stearns, and N D Schiff, } Superior Court of 4redell County, North Carolina, upon the motion of the dee This cattse coming on to be heard before his Honor Thomas J fendants to be allowed to file answer, supported by affidavits and it appear- shaw, Judge Presiding, at the regular term of Superior Court of Iredell coun- ing to the court upon all of the affidavits submitted that the defendants m ty on this the 6th day of Febrauary, 1930 for judement, and it appearing to should be permitted to file the answer tendered April 29th, 19203 hit A : ; ; . ' ‘ ha the Court that the defendants have tendered Judement to the plaintiff as set It is now ordered and adjudged, in the discretion of the Court, ‘ out in the complaint, showing a balance aque upon note, that the defendants be and are hereby permitted to file said answer and that NOW, THSREFORES !T IS ORD“RED, DECREED AND ADJUDGED that the plai-- the plaintiffs be and are hereby allowed until Warch lst, 1930, to file de- tiff recover of the defendants the sum of Six Hundred Three Dollars and Sixty murrer or reply to said answer, seven cents (3603.67) with interest upon the same from July 19th, 1929, at The Attorneys for the plaintiffs in open court waive copies of said the rate of six ver cent (6%) per annum until paid, and for the cost of this answer, action to be taxed by the Clerk, e Thos J Shaw Thos J Shaw Judge Presiding te Judge of Superior Gourt r To the foregoing order the plaintiff excepts, i North varolina, 9§ In *he Superior Court Thos J Shaw Judge. i Iredell County, ) January Term 1930, ; & C L Williams, Receiver of the 6 te : Conercial National Bank of | \ Statesville, N. c, § \ x 612 vs 4 ( JUDGNENT | Myrtle D Ysborne 4 Charles Thomas Turner and liubert 4 \ vs Glenn Tolson, partners trading § \ as Turner-Tolson Furniture Co, D Osborne 0 This cause coming on to be heard and it appearing to the Court A Jury was drawn sworn and empannelled to try the issues in this + the defend = els Se oe ee erage et oe ‘ " hat the defendants have paid to the plaintiff the sum of $356.00 and interest Case, Jumy with drawn and a mistrial had. in settlement of the notes sued on and it further appearing that the defend- bk at - my , > a i 9» ants have paid the court cost in the sum of 10.25; T now y nat ne Uf ‘ ‘ - tt 1s now, upon motion of K } Land, Attorney for plaintiff, ordered adjud 3 ths 1 Yr ; i — and Judged that the plaintift take nothing more by this action and that the defendants go without day, This Honorable Court takes a recess until Friday Norning ee Te Febrauy 7th, 1930, at 9:30 A. M. Br. consent: Judge Presiding | ee a ae sa Vw mc _E M Lana Judge (residing Attorney for ‘plaintirr, i , IN THE SUPERIOR COURT IN THE SUPERIOR COURT 4 JANUARY TERM 1950 JANUARY TERM 1950 Friday February 7th 1950. Friday February 7, 1950. North Carolina, § In the Superior Court This Honorable Court convenes according to adjournment Friday Morn- Iredell County. Xt January Term 1930. ing Febraary 7th, 1930 at 9:30 O'clock A M for the dispatch of bhsiness, Gordie Childers North Carolina, | In the Superior Court vs vd 7VpeGaGuru Ft Iredell County. } January Term 1930 Gq L Childers § W R MeHargue Mis cause coming on to be heard at this term of the Court before " GuUSE His Honor, T J Shaw and a jury, and being heard and it appearing that the Henry Jordan, H L Kincaid jury answered the issue in favor of the plaintiff as set out in the record: and Fred HK Deaton, Keceiver * of Kincaid Veneer Company. It is therfere ordered and adjudged that the bonds of matrimony here This cause coming on to be heard at the January Term, 1930, of Ire- tofore existing between the plaintiff and the defendant be and the same are dell Superior Court before His Honor, Thos J Shaw, Judge Presiding, and it hereby aissolved and the plaintiff and defendant are hereby Aivorced and provided by the statute a3 opearing to the Court that the plaintiff and defendants have amicably ad- that the cost be taxed by the clerk of this court as justed and settled all matters of aifterence between them growing out of Thos J Shaw the matters and things s forth in the plaintiff's complaint in this ac- Juage Presi ding 63 on: I 1s ney fore consid rea adjucdced: ry} + rte > ss Ags Tredell County ry 4 t anuary ferm 1930 Tha ne def endants i > i dub any alles ed Gerora tor a 3 tatee Robinson 4 t ‘mea to have been made of the plaintiff and set forth herein; that not now make any slanderous charges against the ith Robinson ) This cause coming on to be heard at this term before His Honor Thos tr git J Shaw and a jury, and being heard and it appearing that the jury having an- cne sum oU ) as a rmreed upon » 4 ns et Ley ent, { + 4 3 therefore, ordered ‘ . swered the issues as set out in the record. that the plaintiff recover nothing further of the defenéants, or any of them, , It is therefore ordered and adiudced that bonds of matrimony existig and that this action be dismissed and that the defendants pay the costs of xh ol between the plaintiff ana the defendant be and the same aré hereby dissolved he action to be taxed by the Clerk of this Court " z “ F 4 *® and the plaintiff and defendant are hereby divorced and the cost is to be ____ thos J Shaw. Judge Presiding taxed by the Clerk according to the Statutes. Consent: Lew! Thos J Shaw Ww ae | wie L 8 ewis Judge Presiding At rorneys for Dlaintiff Se ot t Re Co } 4 er —— — ee eee ——— North Carolina, In the Superior Court Attorneys for defendant . fendants January Term 1950. [redell County. Ethel Young Love vs 4 JUDGMENT Jack Love § This cause coming on to be heard at this term of the Court before His Honor T J Shaw and a jury, and peing heard and it appearing that the juy s set out in the records answered the issues in favor of the plaintif£ It is therefore ordered and adjudged he bonds of matrimony here toforevexisting between the plaintiff and the defendant be and the same are JANUARY TERM 1930 252 Friday February 7, 1930 hereby dissolved and the plaintiff and defendant are hereby divorced ang that the cosy be taxed by the Clerk of this Court as provided by the Statute, Thos J Shaw Judge Presiding North Carolina, § “n the Superior Court Iredell County. 4} “anuary Term 1930, Henry Sing { vs b JUDGMENT Johnsie King t This cause coing on to be heard before His Honor, Thos J Shaw, Judge Presiding, and a jury, and the fury for their verdict having answered the issues submitted to it in favor of the plaintiff as set out in the record: It is therefore, considered, orcered and adjudgced by the Court that the marriage between the plaintiff, Henry King, and the defendant, Johnsie Ning, be and the same is hereby dissolved, and they are hereby: divorced from the bonds of matrimony. Let the costs be taxed acainst the PlLaintiffy , Thos J Shaw Judge Presiding North Carolina, In the Superior court Iredeil County. January Term 1930, Fannie Shufora § . vs 6 JUD ENT uince Shuforad § This cause coming On to be heard before His Honor, Thos J Shaw, Judge Presiding, and a Jury, and the jury for their verdict having answered the issues submitted to it in favor of the Plaintiff as set out in the re- cords It is therefore, considered, ordered and adjudged by the Court that the marriage between the Plaintiff, Fannie Shuford, and the defendant Quince Shuford, be and the same is hereby dissolved, and bhey are hereby divorced from the bonds of matrimony. Let the costs be taxed against the plaintiff. Thos J Shaw Judge Presiding 4 = JANUARY TERM 1930 253 Friday February 7, 1930, North Carolina, 4 In the Superior Court jor fredell County 6 January Term 1930 r @ M Barger, J V Barger sd C E Barger, Trading as Barger Brothers.e, ve JUBGMENT Henry Campbell This cause coing on to be heard and being heard before His Honor, T J Shaw, and a jury, at the January Tern, 1950, of Iredell Superior Court, an the jury having answered the issues as set oub in the record: 7 IT IS THEREFORE ORDERED AND ADJUDGED That the plaintiffs recover judgment - 1. For the sum of $402.13, with interest thereon from June 1, 3929, at the rate of 6 per cent per annum until paid, and the cost of this action, 2. That this judgment is hereby declared to be a specifie lien on the . ++ e i i ‘ 329 sai 7 “oe lands hereinafter described, attaching as of April 24, 1929, said lands being described as follows: Beginning at a stake in the center of the old Charlotte Road, Tolberts i ? pe ii . 4 2 4 4 * Se 1 iN corner, thence North 4 Kast 24 poles to a stake in said road; thence North 514 ihe , IWVIlGG iv , I - J al , 7 bh 7 tf mat 117 poles to a stake in Tolbert's line; thnece South 2 West 35 poles tom a pine, Tolbert's corner; thence South 55g Kast 110 poles to the beginning, a Jil 19 ALIS U pf : sid 4 2 Containing 20 acres more or less, Thos J Shaw Judge Presiding i i North Carolina, In the Supertor Court Iredell County. January Term 1930 | J D Kennerly § ? ad § JUDGMENT C A Stearns 6 This cause coming on tobbe heard upon the report of the referee and et th re ee the exceptions filed thereto and it appesring to the Court tha he referee failed to find any facts upon the counter claim set up by defendant, Ae ) ree mmit+ It is hereby ordered that the report of the referee be re-committed to the said f of facts he said referee for such finding i haa Judge Presiding North Carolina, In the Superior Court Iredell County, January Term 1930 \ - L McKay ; a 4 JUDGMENT A F Craven ) This cause coming on to be heard and being heard by his Honor Thos J j ed the issuex Shaw, Judge Presiding, and a jury, and said jury having answer 954 JANUARY TERM 1930 Friday February 7, 1950 f negligence in the affirmative as alleged in the plaintiff's complaint, ana having answered the issue of contributory negilgence in favor of: the defendant, as alleged in the defendant's answer: It isy therefore, ordered and adjudced that the plaintiff in this actiton recover nothing by his writ a ainst the defendant, and that said plaintirr pay sts of this action to be taxed by the Clerk, Thos J Shaw, Judge Presiding Plaint mowe cous the verdict aside and for a new trial, Mzxt overruled, Plaintif cept Judgement signed, to which the plaintiff to the Supreme Court. Apneal bond fixed at $50000 Ry consent plain'iff allowed 60 days to serve case on appeal, the jant allowed 40 davs bhereafter to serve counter case or exceptions, the Suverior Court January Term 1930 irah rive one . friend Eva be heard, and being heard at this term of aw, Tdge Presidi ng, and 4+ appearing to 5 nor, and is duly represented duly and regularly apnoint- of ITredell County: the Court that said action is for a pere- which happened to her on or about car collided with the car of e, Fred Hour : guest, at a point on high- ninty nov, limits of the City of States- consequence biah thn wat Q ; 4 a : mar Sarah Mills, suffered certain personal 2 furt} er ~na ; peering t¢ Count thet : me ourt that the pa-ties hereto have arreed o compromise an settle al te 2 ; 1 ers at issue between them, crowing out of the Sniurv to the sa 3 2 ‘ ; aid Sarah Ss, by the defendant navine to the nlaintiff the sum Of $250.0 and the costs of this action, and that said parties desire the sanction 1d approval of the co , of e court tn order to make said acreement binding, effective and valida bv reas Js : J ason of he Tact that the Dlaintiffts ward, saran Mills, 43 a mM , ae ; - fnor, and the court having anvestigated the facts involved in said coll Y arn +h ‘ collision, and the personal injury to the said Sarah Mills, for the pure pose of ascertaining whether or ere 8 Ww vwner or not th fas acti ne vag ‘tionable neglice tidgence on the part of the defendant and also to ascertain the extent of the injuries to the said Sarah Mills, and having made such investigation, and having ex- amined the witnesses who had personal knowledge of the matter, all for the purpose of enabling the court to determine whether or not it is for the ine terest of said minor, Sarah Mills, that ain ‘f compromise and settle all claims, actions ar causes of action, which the sa‘d Sarah fills now has, or may nereafter have, arainst the defendant by reason of the said collision and personal injuries to the said SaraH Mills, for the sum of $250.00, and the court being of the opinion, after having made such investigation, that it is for the best interest of plaintiff's ward, Sabah Mills, that the mat- ters at issue in this action be compromised and settled and that the plain= tiff, as next friend of ssid minor, accept and receive from t @ defendant the sum of Two Hundred Fifty Dollars (9250.00) as a settlement in full mf for all damages whatsoever which have heretofore, whi ck y hereafter arise, by reason of the injury received by t out of the collision between the defendant was riding, as abive set oub,. adjudced and decreed that It is, therefore, ¢ nsidered, ordered, it is to the best interest of the nlaintiff's ward, Sarah Mills, that the entitled matters at issue in the above/cause be compromised and settled ang that the »laintiff, as next friend for the said Sarah Mills, receive from and be 4 - 1 - Jane paid by the defendant, as settlement in full of all dam aces whatsoever, either present, past or nrospective, by reason of the per- oz wes <r o w 1 +} sonal injury plaintiff's ward, Sarah Mills, received, crowing out of the matters and things allezed in the complaint. It is therefore, further considered, ordered, adjudeed and de- creed that the plaintiff recover of the defendant the sum é to- Segara a oe ns meant 4 £44) For &£ dan-= gether with the costs of this action, 4s settlement in t a1) cam $ are 1 th yliaintiffts we ages, past, present and prospective, ire ue the plé ff's ward, ; $+, 411rPy sn yar . t iy Sarah Millg by reason of the personal injury she eceived at the time and on the occasion referred to 4n the complaint, and that the agereement of com pror ise and settlement entered into between the plaintiff and the defendant be, and the same is hereby in all things sanctioned and approved, and that upon payment of this judgment the defendant shall be forever discharred fra any and all other further liability to the said Sarai Mills by reason of the personal injuries received by her at the time and on the occasion reé=- ferred to in the complaint. It is further ordered that the plaintiff recover of the defendant the costs of this action to be taxed by the clerk of this Court. By Consent: Thos J Shaw Grier & Gréer Judge Presiding Attorneys for plaintiff sissies Sis a sisss aig aellaaeaeaeaanaal Attorney for defendant JANUARY TERM 1930 Friday February 7, 1930. IN THE SUPERIOR COURT JANUARY TERM 1930 Saturday February &, 1930, Bae ted or This Honorable Court convenes according to adjournment Saturday Morn- It is ordered by the Court that the case of J D Kennerly vs ¢ a Stearns ing February 8, 1950 at 9:50 i M. for the dispatch of eG ; and all other motion and referee cases be set for Monday of March Term 1930, ; of Iredell Superior Court, and that no juror cases be calendared for thet day, North Carolina, § ser count and the Sheriff of Iredell County is directed to summons the Jurors for said Tredell County. | ey Torn 1980, Term of Court to appear on Tuesday of said Term instead of Monday, H L Kincaid and others § sce (4 ORDER Kincaid Venser Company 4 THis cause cotting on to be heard at the January Term 1930, of Tredell Superior Court before the Honorable Thos J Shaw, Judge Presiding, and being heard upon the report of Fred H Deaton, Receiver of the Kincaid Veneer Vo., filed in the above entitled cause at thie term and it appear ing to the Court that the Receiver has had a bona fide offer from the First National Bai of Statesville and the Peoples Loan and Savings Bank of Statesville jointly to purchase the real estate, buildings and attached machinery at private sale for and in consideration of the mortgages, taxes, purchase money liens on machinery and one judgment, as set out in the report of the Receivers And it appearing to the Court that the Keceiver has exhausted evrey possible source of a sale of said plaht, machinery and real estate and has tried for six months to secure a purchaser for the same and that he has been anable to secure any offer whatever upon the plant in excess of the liens up- on it and that the Receiver recommends that the offer of the Peoples Loan and Savings Bank and the First National Bank of Statesville be approved and con- firmed by the Court; And it appearing to the Court that the offer so made, which ageregate $58,502.01, exclusive of interest accrued on the several liens composing the fades Mee Ain, ee Same, which likewise the purchasers agree to pay, would be for the best int- erests of the creditors of the Kincaid Veneer Company and that the offer made is a fair and reasonable offer and more than could be obtained for said prop- erty from any other person, and that by a sale of said property the Receiver Will eliminate the continuing expense of employing watchmen and keeping the insurance in forces And if further appearing to the Court that the said ‘banks have re- quested the Receiver to execute the deed conveying anid property to L C Wagne and H L Newbold as Trustees for the Peoples Loan and Savings Bank and the First National Bank of Statesville, respectively; It is ordered that Fred H “eaton, Receiver of the Kincaid Veneer Co. be, and he is hereby authorized, directed and empowered to sell at private sale to the First National Bank of Statesville and to the Peoples Loan amd Savings 1 Shy 1 JANUARY TERM 1930 Saturday February 8, 1930, Bank of Statesville, and in case they so desire, the deed to be drawn to L¢ Vagner and H L Newbold, Trustees for the said banks, the following described real estate situated in Iredell County, Statesville Township and described as follows: lst tract: Beginning at an iron stake, near the tanks of the Texas Oil Co. and on the North side of the ratlroad side track; thence South 2 W. 361 ft to a stake, Richmond Lyons! corner; thence S 85 E 350 feet to a stake in Var- aret Richardson's (now i} Morrison) field; thence N 1 E 598 feet to the center of the railroad track; thence N 77 W with the center of the said railroaqd | track 85 feet to a stake in center of said railroad track; thence § 96 W 264 feet to the beginning, containing 3 acres, more or less, and being the iden- tical land conveyed to Kennedy Veneer Co. by deed of AE Welborn anda wife, end tract: Adfoining the above described tract and bounded as follows: 3epinning at an iron Stake, Richmond Lyons! corner, running N 85 W 150 feet : E to a stakeon Jackson Street; thence N 5 F 137 feet and 5 inches to a stake Standard Oil Co. corner in Kennedy Verner Co. line; thence with said line é 4 147 feet to the beginning, containing # of an acre, more or less, Also a perpetual easement and right of way in and to a road wav in come mon with the assigns of Marsaret Richardson and Jerry Richardson, said roade way being described as follows: Berinning at Rich Lvons! Northeast Copner, and running S A5 B15 feet to a stake; thence S 2 W parallel with Lyons! line, 128 feet to a stake: thence N 85 W with Lyons? line, 115 feet to a stake 15 feet Hast from Isi ore lace's line; thence S 2 W parallel with Wallace's line, the public road, lorsether with the buildings, end fixed machinery located in said plant, but excluding the inventory of supplies, materials, tools and other tems not affixed to the plant, for »nd in consiceration of said banks! as- Suming and arreeing to pay and saving harmless from any claims or demands on -count of +} Sliliowine liana oarcetine ~ 3 . ‘ oun of the following liens acainst the said plant which ere to be expres- Sly assumed as the consideration tor said transfer by the purchasers, viz: lst. Deed of Trust from Kincaid Veneer Company to F L Grier, Trustee for the First National Bank and Peoples Loan and Savings Bank, Statesville, N C recorded in Book of ortecarces 74 at pace <O9, in the office of the Reg- ister of Deeds of Iredell County and securing said banks in the agscrevate amount, including insurance premiums advanced by them,mof $34001.96 principal and accrued interest thereon, it being understood that the notes and other evidences xof indebtedness respresenting ssid sums are to be cancelled and & returned to Fred H Deaton, Receiver, marked paid, end. Secured claims covered by registered title contracts due forthe balence of purchase mo ©y on machinery located in said Plant and due respect- ively to the Yates American Machinery Company, Merritt Engineering Company and = > s s 5 ” ” : to the Viking Sprinkler Co., in the principal amount of $5769.96, with accru- ed interest thereon, ord. 1929 taxe 3 , Y ; } x€s cue to the County of fredell, in the amount of $217.90. It is further ordered that the Keceiver execute a deed, conveying the said real estate, buildings and fixed machinery to H L Newbold and L C Wagner, Trustees for the First National Ban k and Peoples Loan and Savings Bank, State8s- — Saturday February 8, 1930 ville, N C for the consideration to be set out in said deed, that they assume and agree to pay the above described now existing liens against the said real estate and machinery. It is further ordered that Fred H Deaton, Receiver, be, and he is hereby authorized and empowered to negotiate for a sale of the inventory, sup plies and tools at private sale and to sell the same, if in his opinion, he is able to secure and adequate price therefor, This the 5th day of February, 1950, Thos J Shaw _ J-dge Presiding — North Carolina, § In the Superior Court Tredell County. § January Term 19503 Carolina, Discount Corporation § + vs ) JUDGMEN Stearns Brothers, Incorporated, Defendant, and C A Stearns, surety of defendant's replevy bond filed in this action, oC me SS This cause coming on to be heard at this term of the Court and being heard, and it appearing to the Court that the plaintiff and defend- ant have compromised all matters of difference between them growing out of the matters and things alleged in the pleadings as follows: Plaintiff is to recover of defendant, Stearns Bros, Incorporated, and C A Stearns, surety on its bond, the sum of Two Hundred Dollars ($200.00) and the costs of this ac- tion, and that plaintiff is entitled to the possession of the property des- cribed in the third paragraph of the complaint to be sold in satisfaction of said judgement, and the defendant ks to have the privil se of paying said judge ment at the rate of $25.00 per month in advance, on the eg day of each monh until fully paid, and in defaplt of payment, execution és ileus for the re- covery and sale of the property described in the third paragraph of the comp- laint, It is therefore, adjudged and decreed by the Court that plaintiff re- Cover of Stearns Brothers, Incorporated, and C A Stearns, surety on the bond of Stearns Brothers, Incorporated, the sum of Two Hundred Dollars ($200.00) together with the costs of this action to be taxed by the Clerk of this Court It is further considered, ordered, adjudged and decreed by the Court that this judgment is a specific lien upon, and the plaintiff is entitled to recover of the defendant, Stearns Brothers, Incorporated, the following des- Cribed property, to-wit: 3 davenport tables #510, mahogany finish, 3 end tab@ les #511, mahogany finish, 1 3-piece living room suit #5129, mahogany finish, Cover #2476. linen DT, Filler #465; 1 3-piece living room suit #5127, mahog-a ‘ny finish, Cover #1802B13, DT 556 “/alnut; 1 Coxwell Chair #59, mahogany fin- JANUARY TERM 1930 259 i i 60 ish, Cover :1802B13, D T Walnut 556; 1 Coxwell Chair #59, mahogany finish, Cover Red Mohair, 1 lowbach chair #56, mahogany finish, cover #2046 Taupe; 1 chair #57 mahogany finish, cover 1082; 1 Coxwell Chair #50, mahogany fin- ish, cover 4736-%, 1 chair #56, mahogany finish, cover #1080; 1 2-piece liv- ing room suit, #5028, mahogany finish, cover #4736-%; 1 3-piece living room suit #£2ax mahogany finish, #5125, cover #5057 D T 2456; 1 2-piece living room suit #5128, mahogany finish, cover 4902-165 DT Wiohair; 2 vanity dressers and 2 vanity dresser benches, mahogany finish. [t is further considered and adjudged that the defendant is to have the privilese of paving this judgment at the rate of $25.00 per sEmonth in ad- vance, the first monthly payment to be due and payable on the 15th day of -ebruary, 1930, and each succeeding monthly payment to be due and payable on the 15th day of each succeeding month thereafter, until this judsement is ful- ly paid as th principal and cost; provided, that if the defendant fails to vay any monthly installment on or before the 15th dav of the month upon which it is due, then the defendant shall surrender to the plaintiff the possession of the property hereinabove described for sale for the satisfaction of this judg- and the plaintiff shall be entitled to execution for the recovery of said property end for any amount then due and unpaid on this judpment. Thos J shaw By Consent: Tudee Presiding Grier & Grier Attorney for plaintiff Lewis & _ LEW is Attorneys W or defendant Le a f Continued, ~ ntinued L B Bristol et al -- Continued KH French -=- Continued Bingham -= Continued Bonrad Stewart -- Continued ‘irs Daisy Redman vs Oscar R Mills. Continued R Little vs Continued Rankin vs Cannon Niills Co. -= Continued Theo Atwell Admr vs J B Atwell -- Continued K F Davidson vs C S Brawley & C B Morrison -- Continued Grinnell Co Ince vs W E Munday -- Continued T Ross Alexander vs Long Island Cotton Mills Co -= Continued L Williams Recv., vs J ¥ Hatchett & Roger G Moore -- Continued N E Morrison vs C A Stearns IN RE: Caveaty Will of Mrs S A Lowramce -- Continued JANUARY TERM 1950 D L Brown vs Oscar K Mills, ZC Brookshire et al -- Continued American Limestone Co vs Atlantic Paving Co -- Continued s 1 (in ry i 3 ayn + f + oe 4 } Hi-Way Construction Co vs The Great American Indemnity Co et al Continud UJ F H Deaton Kecv. VS H &B MeLain -- Continued 1 $ Stearns vs @us Guerukos. <= Continued. ww ] n the Superior Court North Carolina, In the Sux ¢ fredell County. Ellen Reel, Plaintiff vs Daniel Keel, Defendant This cause comin 1 to be hea Lp motion doc Lid Te re del) Superior Court at the January Ter! of 2 LLy North Carolina, before his honor, Thomas J pearing to the Court that this is an acbion uil against her husband Daniel had on the defendant ho is a resident xem t ax T,1Y Inton Daniel Reel, through his attorney, Kemp ixon, incd $ 4 sons id d Statut before / mann Q +3 AY ATC Yonsol {dated Sts Les } YY proper motion under oec ion 470 Con : 6 oti t r rea to: Lincoln County « s ef nee - ¢ ac 1on Hea remov } oO snec complaint, asking vn sal ct ; ‘ j affiada aunnorting said motion and ask- NC for trial, and filing written ffadavits supporting s 1 \ s of witnesse saving of costs and ing a removal on the vrounds of conveniences of witnesses, © > ! $nt > ny + Aefend + expenses and on account of the residences of the plaintiff and the ants, » y f° ¢ 4+ we ceryve 1) and it appearing to the Court that copies said affidavits were § d upon Hon Zeb V Turlington, Attorney for plaintiff, . 3 4 117 +hat the otton It is, therefore, considered, ordered and adt ed it the m C . } . t~ the above entitled action he of Kemp B Nixon, Attorney for the defendant in the abo th , now vending in the Super- granted, and the Court hereby orderes that tne case nov : J ntit “ellen Reel plaintiff vs Daniel for Court for Tredell County, N. C- entitled "Ell g ; ? Ps i tie Reel, Defendant" be removed to the Superior Court Docket for civil cases, t 1 } Term superior Court for trial of toln County, N C, for trial at the next Terr of t Civil actions, and that the Clerk of Superior Gourt for Iredell County, N. C. certify and transfer all the pleadings in said cause to the Office of the 1 ice Clerk Superior Court for Lincoln County, N. Cy, and all records in his Off to said County of Lincoln, and that the defendant Daniel Reel not having filed e and answer on account of the motion made and granted hereunder, have until th __.. day of Pebruary, 1950 to file his answer to said action. Done at Statesville, N ¢ this January 30th, 1950, Thos J Shaw Judge Presiding. 262 North Carolina, In the Superior Court Iredell County. January Term 1950, Ka L Long, plaintiff § \ vs \ H Dishman, defendant 0 and 6 } Rankin & Company, 4 TInter-pleader d This ceuse coming on to be heard and being heard at this Term of the Suverior Court of Tredell County before His Honor, Thos J Shaw, Judge Pre- siding, upon the report of Hon. W D Turner, neferee, and the exceptions filed thereto by the defendant and inter-pleader, and it appearing to the Court that the Referee erred in the following findings of facts and the conclusions of law based thereon, (a) The fifth finding fact should have shown a balance cue for fertilizer for tne yea Oo & 5195.18 due by the defendant to the plaintiff instead of {$19¢9.07. have shown ‘1842.94 total adv- the defendant for the year 1925 $1690.06. fi icts ; correct credi and should own a ballance due tl nlaintiff by the defend r Oo é 1 : plaintif: ‘a efendant of $97.47 instead of 4 41 dane the defendant by t! jlaintiff , he ; fendant by the plaint r the year 1925. (a) The ninth finding 5 sho | ) ith n act should have that plaintiff ad- vanced for supplies the sun of $8 j sup} } A sum Cc loo nstes S 4 ho ma of O instes i 277.07, and should have fur- ther snow Hhot } tots advanced Ff : a t hown t the total advanced for the vear 1926 by the plaintiff to the a sfend $Y) lanninge Ffantiligcar aa ) 1 i idin rtilizer as $110.97, instead of $257.74. ng of fact should have included a credit of by ( <2 £ £6 e20VU 10! OS H foade + 4 FIAIA ¢ i Se : rt ii ield after being taken by claim and de- Livery, aking a tote of Lit ’ a1. 0 507.04 as credits for the year 1926, instead of conclusions of law co 2 thereof as found by the Referee sh above corrected findings of fact 4@ It is therefore dar 3 : » ordered and adjuded by the Court that the Report neferee as a AAnYN f as above corrected be and the same is hereby affirr j he 7 eds * It is furthe de 1 adj urther ordered and adjudged that the plaintiff recover judg- ne L¢ 3 2 © 4 ment of the defendant, H Dishman, for the sum of $4.75 “P e. * It is furthe Janad o coh urther ordered and adjudced by the court that the interplead- er, W Rankin @ Company, rec: i I V> ver of the plaintiff the sum of $334.59/ Tt is further ordered and adjudged by the Court that the costs of this action be paid as follows, to-wit: Those incurred in Kowan County as set forth in the report of the Referee, Plaintiff $535.27, Defendant, Dishman, $18.74, the snter-pleader $4.65, The other court Costs except the Keferee Fee and the Stene graphic fee to be paid one-half by the Plaintiff and the remaining one-half by the Inter-pleader. It is further ordered and adjudged by the Court that the said Referee be allowed the sum of $200,00 as compensation for his services, and that lirs JG Lewis be allowed the sum of 50.00 as compensation for her services as stenographer, said sums to be paid one-‘alf by the plaintiff, one-forth by the defendant, and the remaining one-fourth by the interpleader, ' Rankin & COcs,e North Carolina, In the Superior Court Iredell County. January Term 1950. CM Steele, F F Steele, et al partners, trading as Statesville Brick Co., B A Troutman, et al trading as Mooresville Furniture Company, et al. Plaintiffs. vs JUDGMENT C S$ Rimmer and wife, Cora Rimmer, B Bradburn and E O Cloaninger, trading as Bradburn & Cloaninger, and Troutman Banking & Trust Company. Defendants. oeoa —- PP — This cause coming on to be heard at this term of the Court before His Honro, Thos J Shew, Judge Presiding, and being heard, ant. ime geetion Gare ing waived a trial by jury, and agreed that the Court might find facts and en- ter judgment thereon. The plaintiffs admit that the facts set out in paragraph 6 and 7 of defendants answer are true. The Court finds, from the evidence intre duced and the admissions, of the parties plaintiff and defendant, that follow= ing to be the facts: L. That ea short time prior to August the 18th 1926, the defendants, B Bradburn and EB O Cloaninger, had purchased from R L Reavis the lot referred & te in the complaint and that before the execution of the deed to Bradburn and Cloaninger, they sold said lot, and a house to be erected thereon by thé, to CS Rimmer for the sum of $2275.00 and it was agreed between C S Rimmer and Bradburn & Cloaninger that Reavis and wife should convey said lot direct to C S Rimmer, and on August the 16th 1928, in compliance with this agreement Reavis and wife conveyed said lot to ¢ 5 Rimmer; that this deed was acknowledgé + 264 on August the 25th 1928 and recorded in the office of the Register or Deeds of Tredell County on January the 15, 1929; that at the time of purchasing said lot and the house to be erected thereon, to-wit: On August thenlsth, and simultane. ously with the execution of the deed from Reavis to Rimmey, aRimmes and wife exe ecuted and delivered to B Bradburn and E 0 Cloaninger their negotiable and pro. missory note for the purchase price of said lot, and house to be erected there. on, to-wit: $2275, due sixty days after date and to secure its payment, at the same time executed ahd delivered to the satd Bradburn and Cloaninger their pur. chase money mortgage wherein they conveyed the identical tract, or lot, of lana described in the complaint, and against which the plaintiffs claim liens; that said mortgage was acknowledged on August the 20th 1928 and on August 24th 1928, was duly probated and recorded in the office of the Register of Deeds of Ire- dell County on Book 75, at page 325, 2. That some time after purchasing the house and lot, and before the building was completed, Rimmer employed Bradburn and Cloaninger to make some improvements on the lot and to afid and additional room, or sbeeping porch, to the house, at a total cost of $200.00, and executed and delivered to Bradburn and Cloaninger his promissory note, for said sum. 5- That om Ausust the 20th, 1928, defendants, B Bradburn and E O Cloan- inger, borrowed from the defendant, Troutman Banking & Trust Company, the sum of $800.00 and executed and delivered to said Bank their collateral promissory note due and payable sixty days after date, in the following words and figures, to-wit: "$800.00 Troutman, N. C. Aug, 28- 1928 Benen nwn-- ~~ ~s---- 60>days ------.. after date--we- promise to pay to the order of TROUTMAN BANKING & TRUST COMPANY, Troutman N C #6G---- 22-2 Eight Hundred ----- ~ ---.--222 ---~--DOLLARS value, received, negotiable and payable at Troutman Banking and Trust Company, Troutman, N. C., and to secure the payment of this op any other obligations to said bank, due or to become due---- hereby pledge to said bank, or its assigns, holders of the same, the collaterals described on the back, or herein enclosed, and it is hereby agreed that upon the nonpayment of this obligation said Bank, or the holder thereof, may sell the same at public auction, or private sale, for cash or on creditm,as a whole, or in parcels, or at any place in the Town of Troutman, N. C., without notice; and said bank, or holder may at such sale purchase the same or any part thereof, for its or his own account, and after deducting all costs of Sale, the balance of the proceeds shall be applied to this obligation, and any surplus to any other note, obligation, bill, overdraft, on Open account under which the undersigned shall be in any way bound, primarily or secondarily, absolutely or contingently, due ot to be come due. Such applisa- tion to be made in the manner and propertions as to said bank or holder may seem fib. Upon the discharge of this obligation said bank or holder may deliver the same to the undersigned, or order, but shall have the right to retain the same to answer any other obligation, note, etc., as above described, gust as if specially pledged under an agreement in the exact terms of this, and in no event shallsaid bank or holder be in any way responsible in dealing with said colle- teral to any person bound with the undersigned in any debt to said bank, It is also agreed that said collateral may from time to time, by mutual consent, be exchanged for others, which shall also be held hy said baenky @r its assigns, on the terms above set forth. The undersigned also hereby agrees to give said bank or its assigns, such additional collaterals as its President or Cashier may at any time demand, and if said additional collateral shall not be promptly given when demanded, this note shall become immediately due and payable," No. 623 " fopuens) E 0 Clonniger (Seal) Due Oct. 18-1928. Signed) B. Bradburn (Seal)" 265 The above note is in the form of an envelope of sufficient size to hold stock certificates, notes, mortgages, 6tc.; that at the time of borrow- ing this money, and executing the above note the said B Bradburn and E 0 Clonn inger, endorsed the C 8 Rimmer note for $2275.00 and delivered said note and the mortgage securing the same, to the Troutman Banking & Trust Company as cot lateral security for their aforesaid note and the Bank enclosed the C S Rimmer note and mortgage in the aforesméntioned B Bradburn and E 0 Cloanninger note to it, and ever since said time has held, and is now holding, the same as col- lateral security for the above mentioned note, and for the rote of said B Brad burn and E O Cloaninger, executed on January the 10th, 1929, as appears in my finding of facts No. 4,. 4, That at the time Bradburn and Cloanninger executed their note to the defendant, Trottman Banking and Trust Company, on the 20th day of August, 1928, as set out in the foregoing findingz of facts the defendant, B Bradburn wasindebted to said bank in the sum of approximately $790.00, and afterwards he having failed to pay said note at maturity, to-wit: On January 10th 1929, the said B Bradburn and E O Clonninger executed ahd delivered to the Troutman Banking & Truat<Company, their collateral promissory note for the sum of $795.00, due and payable thirty days after date, and as security for its pay- ment, specifically transferred and assigned the aforesaid note and mortgage of € S Rimmer and wife to Bradburn and Clomaninger, and then in the possession of said bank as security for the $800.00 note of Bradburn and Clonninger to said Bank as set forth in finding of facts number three; that this last note with the xeception of its date, amount and maturity date, is in the identical form and language as the note hereinabove set out, and described, and for this reas on, it is not repeated here. On the back of this last note appears the follow- ing words and figures: "There is deposited as collatreal security to this note the note of C S Rimmer and Cora Rimmer, dated August 18th 1928 for $2275.00, Secured by a mortgage of even date, the note and mortgage being deposited with Note #623, 5. That no part of either of the two afore-mentioned notes of Bradburn and Clonninger to the Troutman Banking & Trust Company has been paid, and that both are now past due and payable, together with accumulated interest thereon, 6. That no part of the note of C S Rimmer and wife for $2275, and held by the Troutman Banking @ Trust Company, as collateral for the two above mentioned notes of Bradburn and Cloaninger, due said bank, has been paid, but the entire amount is now past due and payable. ey sa 7. That the lot, before the house was erected by Bradburn and Clonn- inger, was reasonably worth $500.00, 8. That the following parties p tiff furnished material to, or per. mabor for, Bradburn and Clonni mn the erection of the house in rsy, and commenced delivering material, or performing labor, at the time hereinbelow stated, and that said Bradburn and Clonninger are still due each of Said parties the amount shown, for which liens have been duly filea at the time indicated below, to-wit: | : Mooresville Furniture Company, $840.92, for material, deliveries began August S51, 1928, lien duly filed and recorded January 11, 1929 at 3:25 P. M. Statesville Brick Company, $116.00 for material, deliveries began Auguat 25, 1928, lien duly filed and recorded January 11, 1929, at 3:25 P, M. M K Brown, $60.00 for labor commenced Oct 51, 1928, lien duly filed and recora- ed March 27, 1929 at 11:45 A. M. C H Reid, $18.40 for labor commenced Oct 31, 1928, lien Guly filed and record- ed March 27th 1929, at 11:45 A. M. O R Payne, $9.24 for labor commenced Oct 8, 1929, lien duly filed and recorded March 27th 1929, at 11:45 A. M. JS Echerd, $100.00 for labor commenced Oct 5, 1928, lien duly filed and record- ed March 27th 1929, at 11:45 A. M. J A Penella, $187.50 for labor commenced Sept 5th 1928, lien duly filed and re- corded Jan 1lth, 1929, at 3:40 P. M. Lazenby Montgomery Hdw Company, $86.94 for material, delivertes began Sept.10th 1928, lien duly filed ana recorded Jan 14th 1929, at 10:45 A, M. 9. That R L Reavis is not & party to this action. That no notice was given R L Reavis, or CS Rimmer, by any, or either, of the parties plaintiff of their cliams against Bradburn and Cloaninger, for materials and labor, except that given bt reason of said claimants having filed their respective lieans in the office of the Clerk of the Superior Court of Iredell County on the dates set out in my findings of facty.,No. 8, 10. That each of the above plaintiffs admit that the lien of the Troutman Banking & Trust Company for the payment of Bradburn and Cloanninger's note for $800.00, anda accumulated interest, dated August the 20th 1928, on the lands conveyed in the mortgage of C S Rimmer and wife to B Bradburn and E 0 Clomninger, is prior and Superior to the lien claimed by the plaintiffs, and each of them, for labor amd material, performed and ffrnished in the construc- tion and erection of the house on the lot in controversy, Upon the foregbhng findings of fact, the Gourt is of the opinion that the Troutman Banking & Trust Company is entitled to recover of the defend- ants, B Bradburn and EO Clonninger, the sum of $1595.00, with interest there- on as hereinafter set out, and that the said Troutman Banking and Trust Company has a first, paramount and Superior lien to that of the Plaintiffs, for the full amount of said indebtedness against the lands Conveyed by C S Rimmer and wife to B Bradburn and E£ 0 Clonninger, IT IS THEREFORE, considered, ordered and adjudged that the Troutman i sting & Trust Company recover of B Bradburn and E 0 Cloaninger the sum of $1595.00, with interest on $800.00 thereof from October the 20th, 1928, and inte erest on $795.00 thereof from February the 9th, 1929, at the rate of six per cent per annum until paid, and that said judgment be, and is hereby, declared to constitute a first, superior and prior lien to that of the plaintiffs, and each of them, on the lands conveyed by C S Rimmer and wife to B Bradburn and E O Clon ninger by purchase money mortgage, dated August the 18th 1928 and duly recorded in the office of the Register of Deeds of Iredell County in Book 75, at page 325 It is further considered and adjudged that the Troutman Banking and Trust Compny is entitled to have said mortgage foreclosed and the proseeds aris- ing from the sale of said land be applied first to the discharge of this judg- ment against B. Bradburn and E O Cloaning, and that a Commissioner be appointed to advertise and sell said lands agreeably to the terms of sale contained in the aforesaid mortgage of © S Rimmer and wife to B Bradburn and E 0 Clonninger, and the court hereby appoints Jack Joyner Commissioner of this court to advertise and sell the lands on such date as he shall designate, said advertisement to be agreeably to the terms of sale contained tn the aforesaid mortgage, and said commissioner shall report said sale to the Resident Judge, or any Judge holding the courts in this District, either in Term, or at chambers, and if at chambers, at any point in said District, said report to be made within ten days after said Sale and notice of the hearing, if at chambers and out of the County of Iredell to be give to the attorneys for the plaintiffs. It is further considered and adjudged that of the proceeds derived from Seid sale the commissioner shall first apply a sufficient amount thereof to pay off and discharge the amount due the Troutman Banking & Trust Company under this Judgment, and said judgment is hereby declared a specific lien upon said funds, any surplus remaining in the hands of the commissioner from said sale, shall be paid by him intorthe office of the Clerk of the Superior Court for the use and benefit of the Plaintiff according to the priority of their respective liens, It is further considered and adjudged that the restraining order hereto- fore issued in this cause be, and the same is hereby dissolved. It is further considered and adjudged that the Troutman Banking & Trust Company recover of the plaintiffs, jointly and severally, its cost of action in- curred in this proceeding, to be taxed by the Clerk of this Court, Bt is further considered and adjudged that the Statesville Brick Company “SCover of the defendants, Bradburn and Cloaninger, the sum of $116.00 with int- *rest from September the 11th 1928 until paid; and that the Mooresville Furnitus 092 Company recover of the defendants, Bradburn and Cionninger, the sum of $840.92, t va seal a Bi} fe 268 with interest from the 19th day of October, 1928 until paid; and that M K Brown recover of the defendants, Bradburn & Clonninger, the sum of $60.00, with inte erest thereon from the lst dag of January, 1929 until paid; and that c 4 Reid recover of the defendants, Bradburn & Cloeninger, the sum of $16.40, with inte erest thereon from the lst day of January, 1929 until paid; and that 0 R Payne recover of the defendants, Bradburn and Clonninger, the sum of $9.24, with int- erest thereon from the lst day of January, 1929 until paid; and that JS Echerdg recover the defendants, Bradburn & Clonninger, the sum of $100.00, with inter- est thereon, from the lst day of January, 1929 until paid; and that J A Panella recover of the defendants, Bradburn & Clonninger, the sum of $187.50, with inte erest thereon from the 10th day of January, 1929 until paid; and that Lazenby- Montgomery Hardware Company recover of the defendants, Bradburn % Clonninger, the sum of $86.94, with interest thereon from the lst day of December, 1928 un- til paid, It is further considered and adjudged that the plaintfffs recover of the defendants, Bradburn and E 0 Clonninger, the costs of this action to be tax- ed by the Clerk of this Court. Thos J Shaw Judge Presiding, —=_ =~ North Carolina, In the Superior Court Iredell County. January Term 1930, Mooresville Cotton Mills, Plaintiff- vs JUDGMENT N Estrada, Defendant, Sealy Hutchings and George Sealy, Interpleaders and American Indemnity Company of Galveston, Texas, surety on bond of Interpleaders, cCco Ss Ooo Ses > <— This cause coming on to be heard and being heard, at this term of court, and it appearing to the court when said case was called for trial that the Mooresville Cotton Mills, plaintiff, and defendant, N Estrada, and the in- terpleaders, Sealy Hutchings and George Sealy, partners, tra@ing and doing bus- iness under the style and firm name of Hutchings, Sealy & Company, have compro- mised and setta&ed all matters growing out of the pleadings in this case on the following terms, to-wit: That the vlaimtirf is to recover of N Estarda the sum of One Thoudand One Hundred and Fifty-one Dollars and Twelve cents ($1151.12) with interest thereon from April the ist 1928 at the rate of mix per cent (6) per annum, and that the said Judgment for said amount is to be declared a lien upon the cotton attached in this case, and judgment entered against the intere- pleaders, Sealy Hutchings and George Seaay, trading and doing business as Hut- chings, Sealy & Company, and American Indemnity Company of Galveston, Texas, surety on the hond of Hutchings, Sealy & Company, interpleaders, in this case for said amount, and that all the costs of this action, including a reasonable allowance for the commissioner and stenographer in taking plain- tiff's depositions, are to be taxed by the clerk, one-half (%) thereof to be taxed against the plaintiff and the remaining one-half (4) against the defenée ant and interpleaders, and the surety on their bond, It is therefore, by consent, considered, adjudged and decreed by the Court that the plaintiff recover of the defendant, N Estrada, and the inter- pleaders, Sealy Hutchings and George Sealy, pertners, trading and doing busi- ness under the firm name and style of Hutchings, Sealy & Company, and the American Indemnity Company of Galvaston, Texas, surety on the bond of the ine terpleaders, the sum of $1,151.12, with interest on the same from the lst day of April, 1928 until paid, together with one-half of the costs of this action to be taxed by the Clerk of the Court as is hereinafter ordered and adjudged, It is further considered, ordered, adjudged and decreed that this judgment against the defendant and the inter-pleaders, and the surety on ther bond, is a specific lien upon the cotton attached by the plaintiff in this cause and replevied by the inter-pleaders, and that said judgment is to be discharged either upon payment by the defendant and the inter-pleaders, or the surety on interpleaders!' bond, or the pe-delivering and surrendering to the plaintiff the cotton repleviedby the inter-pleaders in this case for sale under the attachment proceedings herein, It is further considered and adjudged that the costs of this actia be taxed by the Clerk, including a reasonable eharge to the commissioner and stenographer for taking depositions and that one-half of said costs be charg- ed against the Plaintiff and the remaining one-half against the defendant, xu interpleaders and surety on interpleaders' bond. Thos J Shaw Judge Presiding By Consent: Grier & Grier and Z V Turlington Attorneys for Plaintirr __AL Starr and Lewis & Lewis Attorney Bor defendant. te wwmwew 269, IN THE SUPERIOR COURT JANUARY TERM 1930, SECOND WEEK Saturday February 8, 1930 In the Superkor Court Worth Carolina, Tredell County. Before the Clerk North Carolina, {| In the Superior Court Iredell County. 4 January Term 1930 fe usrom and R FP Murdock ' vs JUDGMEN®T, T N Brown, David L Brown, 6 Stockholders of the de- F B Winecoff, § fendant company, in behalf } s Of themselves, whether § FINAL DECREE This cause coing on the be heard ana being heard before His Honor, stockholders or creditors of : the T N Brown & Sons who may ) Jonn L Milholland, Clerk of the Superior Court of Tredell County, and it appear-~ join in this proceeding a- 6 gainst the TN Brown & Sons j ing to the Court that the plaintiffs and defendant have settled all matters tn controversy and that the plaintiff asks leave of the court for a voluntary none This cause coming on to be heard befor ; as ? ore the under suit in this cause, and to be taxed with the costs; Siened judge presiding at Statesville, North Caroli nd holdir : ‘ ~— = holding NOW, THEREFORE, it is considered, ordered and adjudged that the above courts of the 15th Judicial District, and it appeari t 1e Cou , — ng to the Court action be dismissed and that the plaintiff be taxed with the costs. that the receiver heretofore arpointed in this action has collected John L Milholland all the assets ot the defendant compa and } i ASSETS tne de an company and has disbursed all of the ee : Clerk Supverfor Court said assets of the T N Brown % Sons, a corporation, with its prin- c'pal office and place of business in the City of Statesville, North i c 72 i > iv& ‘ Pa 4 Carolina, and it further appearing that the receiver has complied ’ a" Carolina, In the Superior Court with all the orders of the Court heretofore made in this proceeding, Iredell County. Tt is therefore considered, ordered and adjudced that the re- me _ : an ; F F Miller § ceiver be, and he is hereby discharged; and it is further ordered 1. is mer fe : vs $ JUDGMENT OF NON-SUIT that the T N Brown & eons be dissolved and that a copy of this order : E B Nicholson be certifi ed to + h Secretary of State he enrol Led in khis records Clerk of This cause coing on to be heard before the undersigned for Dissolution of Corporations, that the plaintiff in the the Superior Court, and it appearing to the Court _Thos J Shaw Jucge Presiding above entitled action is desirous of taking a Non-Suit, 15th Judicial District. and he, through his ate torneys, having come into wcourt snd made motion that he be cranted a Non-Suit. It is therefore ordered, That the plaintiff be, and he is hereby nonesuit ed in the above entitled action, and is further ordered by the Court that he be taxed with the cost, John L Milholland - Clerk of Superior Court. North Carolina, In the Superior Court Iredell County 8D Chipley t vs 6 IUDGHERN T C A Stearns & CC Stearns 4} This cause coming on to he heard aad being heard before the undersigned Sterk ofthe superior court of Iredell County, on this Monday February 3, 1930; 202 273 anc 16 appearing to the Court that on Deceuber 18, 1929, the plaintiff caused a It is fur$her ordered and adjudged that the defendants counter-claim Summons to be issued against the defendants in this action and at the same time be, and the same is hereby dismissed, filed in this office a verified complaint; and it further appearing that on the This the 3lst day of January 1930, 24th day of December 1929, said summons, together with a copy of said verified __ John 1, Milhollana complaint, was duly served on the defendants, © A Stearns and C C Stearns; anq Bensented to: Clerk Superfor Court, EK M Land oe it further appearing that this action is an action to recover the sum of $350, —Tttorney for plaintiff with interest on said sun from the 25th day of July 1929, at the rate of six Fred S Hutchins “Attorney for defendants, per cent per annum until paid; and it further appearing that more than thirty days have elapsed and expired since the service of summons and copy of complaint ae on the deferdants, and the the defendants failed to appear and answer or dew ; mur to said complaint within the time allowed by law, and still fail and nece North Carolina, In the Superior Court lect to answer or demur to said complaint; Iredell County It is, therefore, considered, adjudged and decreed that the plaintirr recover of the defendants the sum of $350.00 with interest thereon from the 25 a... Cay of July 1929, at the rate of six ver cent per annum until paid, vs ) d D ¢ ENT [t is further considered and adiudced by the Court that the defend- James atts and J W Watts ) ant C A Stearns is primarily liable on Said judginent and that the defendant c ¢ This cause cming on to be heard and it anpearine from the admission ee ee arte of the parties that the plaintiff and defend: ave compromised and settled [t is further considered ana adiudgeed that the plaintiff recover of all matters and differences row, mt of the cause of the action set forth in the defendants the cost of this action to be taxed by the Clerk of the Court. the plaintiff's complaint; ? And it appearing that the defendants have paid to the plaintiff the __John L Milholland and that the vlaintiff is not entitled to ree “inate i Clerk Superior Court Meekt apreed upon in settlement plaintiff having come in- defendants and the cover anything further arainst the to court and asked to take a non-suit; North Carolina, ) In the Superior Court . | . eee and adjudzed that this action be, and the Enedeli county. \ It is, therefore, ordered and adjudued a ’ samé is hereby dismissed upon a iudement as of non-suit. It is further ordered lL Crowell ' that the plaintiff pay the cost in this action. vs q J UDG MEN N T This the 29th day of January, 1930.,/ : John L Milholland > Mulkey Salt Co. ana ) fr Bed J This cause coming on to be heard and being neat Before John I Milholland, Clerk of the Buperior Court, and it appearing to the Court that the matters and things in controversy have been agreed upon between the part- fes here and that the defendants agree to pay the plaintiff the sum of $650 in full and complete settlement of all matters growing out of automobile col- Mision as alleged in the complaint, and that the pJaintifr agrees to accept the said sum in full settlement thereof, NOW, TH KREFORE, by consent of EF M Land, attorney for the plain- tiff, and Fred s Hutchins, attorney for the defendants, it is considered, ordered and adjudged that the »laintiff recover judement against defendants in the sum of $650,00 and the cost of this action, to be taxed by the Clerk. FE M 274 ON —— North Carolina, jf In the Superior Court Iredell County. 9 Before the Clerk ALTO -nemaeneemetee oe tee \ C L Williams, Receiver of the jf Commercial National Bank of $ Statesville, N. C. ) vs 6 JUDGUMUEN Armfield Veneer Company. § This cause coming on to be heard before me this 17th day of Febru- ary 1950, and it appearing to the Court that the defendant has paid to the Dlasine tiff the sum of $499.50 in full settlement of the note and interest sued on and the sum of $7.75 in settlement of the cost of the action. It is now ordered andq adjudeed, on moti-a of the plaintiff, that this action be and is hereby dismigs- ed. John L Milholland Clerk Superfor Court. North Carolina, In the Superior Court, Iredell County, Before the Clerk, Harsh & Chapline Shoe Company, & corporation, \ : \ vs b JUDGMEN®, W C Ridenhour, trading as j Army Salvage Store, ) This cause coming on to be heard before His Honor, John L Mil- holland, Clerk of the Superior Court of Iredell County, North Carolina, and it appearing to the Court that Summons was issued in the above entitled action on the 7th day of January, 1930 ana wes duly served on the defendant on January 10 1950; that at the time of the issuance of sai@ Summons a duly verified copy of the complaint was filed in the office of this court and that a copy of the said complaint, togebher with & copy of the sunmons was served on the defendant on January 10th 1950; it further appearing to the court that no answer or demurer has been filed on or before this the lOth day of February, 1950, and that the time for answering, demurring, or otherwise pleading, has now expired; and it further appearing to the Court from the alleecations of the complaint that the plaintiff is entitled to the relief demanded; NOW, THEREFORE, It is Considered, ordered and adjudged that the plain- tiff recover of the defendant the sum of $461.95, with interest from the 26th day of June,uwi929 until paid, tozether with the costs of this action to be tax- ed by the Clerk, John L Milholland - Clerk Superfor Court In the Superior Court North Carolina, Iredell County. Before the Clerk Gagner Manufacturing Co. Inc, |} "9 0 JUDGMENT Latta Johnson ' This cause coming on to be heard before His Honor, John L Mil- holland, Clerk of the Superior Court of Iredell ¢ unty, and it appearing to the Court that summons was issued in the above entitled matter on the 4th day of September, 1929 and that at time of the issuance of said summons a duly veri- fied copy of the complaint was filed in the office of this court; that a copy of said swumons, together with a copy of the complaint was served on the defenée ant on September Sth 1929 and that up to this, the 10th dav of February 19350, no answer or demurer has been filed in this cause; if further appearing to the Court that the time for answering, denurring, or otherwise pleading, has ex- pired; and that the defendant is entitled to the relief demanded in the comp= liant: NO THEREFORE, it is considered, ordered and adjudged that the Plaintiff recover of the defendants the sum of $500.00, together with interest from Feb- ruary 10th 1929 at the rate of 6% per annum, and for the costs of this action to be taxed by the Clerk, John L Milholland ~ Clerk Superior Court North Carolina, In the Superior Court, Iredell County. Before the Clerk Goodyear Tire & Rubber Company & corporation, vs SaM Tomlin, trading as Tomlin Motor Company. ct <> = —_> << This cause coming on to be heard before His Honor John L Milholland, Clerk of the Superior Court of Iredell County, North Carolina, and it appearing to the Court that summons was issued in the above entitled action on the 10th day of January, 1930 and was duly served on the defendant on January 13th, 193g that at the time of the issuance of said summons duly verified copy of the comp liant, together with a copy of the summons was served on the defendant on Janu- “wy 15th 1950; it further appearing to the court that no answer or demurer has been filed on or before this the 17thvday of February 1930, and that the time ees 276 for answering, demurring, or otherwise pleading, has now expired; and it appear. ing to the court from the allegations of the complaint that the Plaintiff igs en- titled to the relief demanded: Now, therefore, it is considered, ordered and adjudged that the Plain- tiff recover of the defendant the sum of $547.86, with interest from the 10th Gay of January, 1929 until paid, together with the costs of this action to be taxed by the Clerk, John L Milhollana Clerk Superior Court State of North Carolina, In the Superior Court County of Iredell The Federal Land Rank of Columbia, Flaintirr JUDGHENT AND ORDER OF FORECLOSURE, ) § vs ) J O Gaither and wife Ida May 6 Gaither, E Redman, Executrix § of J W Redman, Carolina.Motor ) Company, First National Bank, } Mrs Ivy May McLain, Extr of § J A McLain, and T Ross Alexander 0 Defendants, .} This cause coming on t be heard before the undersig>ed Clerk of the Superior Court of Iredell County, North Carolina, upon apnpliaction of the Plaintiff, The Bederal Land Bank of Columbia, for a judgement by default final upon its complaint, and for want of an answer, and being heard, the Court finds the following facts: 1. That summons was Guly issued in this cause on the 5th day of Dec- ember, 1929, ana the same has been duly served on all of the defendants herein, and a duly verified Complaint was filed herein, as required by law, and a copy thereof served on all resident defendants, and that the defendant J O Gaither and wife Ida May Gaither, morteagors, and the defendant Statesville National Farm Loan Association, have neither appeared, amswered nor demurred thereto and are now in default, and that more than thirty (30) days have elapsed since the service of the summons issued in this cause; 2. That this action ig founded upon a promissory note for the repayment of money borrowed of the Plaintiff, which was executed and delivered by the de- fendants J O Gaither anda ife Ida May Gaither, and duly endorsed by the States#¥ ville National Farm Loa n As8sociation to the Plaintiff, which tewnow the lawful owner and bona fide holder thereof, and is secured by a mortgage of even date herewith duly executed and delivered to the plaintirr by the said defendant borrowers on the 18th day of October, 1921, which was duly recorded in the of- fice of the Register of Deeds for the county and state aforesaid on the 18th day of October 1921, in Book 56 at pages 15, and this morteace covers the same Jand described in the plaintiff's complaint heretofore filed in this cause, which is located and bounded as follows: All that certain piece, parcel of lana situated, lying and being in Township, Iredell County North Carolina, and bounded on the north by the gp of T A Summers, on the east by the lands of J wW Lawrence and Dave Coway Pthe south by the lands of NA Lewis, on the west by the lands of % B White @ containing 211-5/4 acres, more or less, having such shapes, metes, cours- 6s, and distances as will more fully appear by a plat of S 0 Lazenby, Survey- ore 5. That the facts allesed in the plaintiff's verified complaint are found to be true as alleged, and it appears therefrom that the condition of the mortgage herein mentioned has been broken and that there in now fustly due and owing to the plaintiff by the sed cefendants mentioned in the next preceding paragraph the sum of Six Thousand Three Hundred Twenty-eight ($6,528.56) Dollars and fifty-six cemts, for all of which the plaintiff is entitled to demand judement; 4. WOW, THEREFORE, on motion of the plaintiff's attorney, made on this the third Monday in February 1930, IT IS ORDERED AND ADJUDGED: First: That the defendants J 0 Gaither and wife Ida Nay Gaither and the Statesville National Farm Loan Association are in default, and that Plaintiff have and recover of them the sum of Six Thousand Three Hundred Twenty-eight ($6,328,56) Dollars and fifty-six gents with interest thereon at six (6%) per centum per annum from the date hereof until paid, and the costs of this action; Second: 1at unless the indebtedness herein adjudged to be due the Plaintiff, including the costs of this action, is paid within sixty (60) days from the date thereof, the lands described in said mortgage to the plaintiff are hereby ordered and condemned to be sold at public auttion at the Court House door in this county and the proceeds thereof, after pa ing the costs of this action and the expenses of advertising, selling and conveving the said lands, including five (5%) per centum of the accepted bid as compensation for the Commissioner, togehter with all past due taxes and assessments thereon, shall be applied first upon this judgment, and the surplus, if anv, piad into this Court for the benefit of those entitled thereto; Third: That D L Raymer be and he is hereby appointed a Commissioner of this Court to advertise and sell to the last and highest bidder therefor, upon the terms herein set forth, the mortgaged lands described in the compé:i laint herein and report his proceedings hereunder, with a complete statement of his receipts and disbureements, for future consideration and orders by this Court; Be Ey Fourth: That the said Commissioner do require the Successful bidder to deposit at omce with him, or into this Court, the sum of Five Hundred plied on the bid should there be a compliance therewith, sbut should there be a failure to comply therewith, then it shall be forfeited to the Plain- tiff and the premises resold on the same or the next convenient Salesday thereafter upon the same terms and at such bidder's risk; Fifth: That upon the confirmation of the sale of said lands by the Clerk of the Court, and when the terms of sale Shall have been fulty comp-= lied with, the said Commissioner shall make title to the purchaser in fee, anc thereupon the same shall be vut into possession of the said premises on product lor of the deed: Sixth: That the terms of sale shall be as follows: one-fifth (1/5) of the accepted bid shall be paid into Court in cash, immediately after the confirmation of the sale, the balance on credit, payable in six (6) equal 11 installments vith interest thereon at six (6%) per centun per an- paid, and secured by 2 first morteare of the premises on the part of the vo rchaser; provided, that the purchaser Shall have the right, when complving with the terms hereof, to pay in cash kn the whole or any part of the credit portion of the purchase price. Should the cash proceeds of the sale not suffice, after paving the costs of this action, the expenses of the sale including the compensation of the Commis-= Sioner, and all unpaid taxes ana assessments, then assessed upon the pro- perty, to discharge and pay off the jud ment in favor of the PaLintirf? in balance due mnpon sata judement shall be evidenced by a separate 9ond and secured by a first and Separate mortrcage of the premises on the part { the purchaser, and transfe-red and asstgned to the plaintiff, The purchaser Shall pay for the preparation and recording of all papers including the re- quisite revenue Stamps; provided, however, the rewenue Stamps need not be placed on the deed of convevance to the »laintiff, should it become the pur- chaser, or on the bond securir any balance due the plaintiff on its judg- ment. eeventh: That permission is given to fhe Federal Land Bank of Colmmbia to bid at said sale or at any resale of said mortcaced lands and in case it is the successfy] bidder it shall not be required to make a de- posit with its bid ana after paying the costs of this action, the amount of its bid shall be applied as a credit upon this Judgment ; Eighth: That all right, title, interest and equity of redemption of the defendants J © Gaither and wife Ida May Gaither as well as of all persons whomsoever clai ming through or under the same in and tp the premis- es Or any part thereof herein ordered to be sold Shall be sold shall be, and upon sale of said lands the sar ne are, hereby forever barred abd foreclosed. This the 1¥thday of Feby. 1930, John L Milholland Clerk Superior Court Iredell Coun Worth Carolina, In the Superior Court Iredell County. Statesville Buick Co § vs 6 JUDGNENT OF NON-sut? C C Shook j This cause coming on to be heard before the undersircned Clerk of the Superior Court and it appearing to the court that the plaintiff and defendant have settled the matters and differences between themselves and the they now desire to take a non-suit in the above entitled action. It further Ae appears to the court that the summons in this action and the writ of claim i and delivery has never been served on the defendant, It is therefore, uvon motion of Scott & Collier Attornevs for plaintiff s ordered that the plaintiff be and it is hereby eranted a non-suit in this ac- y tion and taxed with the costs, This the 18th day of February 1930 John L Milholland ~ Clerk Superior Court x * North Carolina, In the Superior Court Ibedell County. Statesville Blour Mills Co, & corporation, 0 vs 7UDGNENT OF NO Wees Ui P A Hunter § This cause combmg on to be heard before the undersigned Clerk of the Superior Court, and it appearing to the Court that the plain- tiff and the defendant in this action have adjusted the matters and dbffer- ences between themselves, and the plaintiff having made a motion before the Clerk, through its Attorneys, that it be allowed to take a non-suit in this action, It is therefore ordered that the plaintiff be, and it is hereby eranted a non=suit and adjudged that the defendant pay the oe er this ace'o tion, This the 24th day of February 1930. John L Milholland ~~ —@Terk Superior Court 280 State of North Carolina, In the Superior Court County of Iredell National Casket Company, $ a corporation § vs 4 JUDGMEN?®? Kincaid Veneer Company, 0 &@ corporation and Fred H § Deaton, Receiver, { In the above-entitled cause, it appearing to the Satisfaction of the Court that summons was duly issued out of the Superior Court of Irede?} County on the day of January, 1929, and that summons together with a copy of the complaint was duly served upon the defendant, Kincaid Veneer Company corporation, by the Sheriff of tredell County o a n the 8th day of January, 1929 ; and that a duly verified complaint was filed in gaia causé and proceeding on the day of January, 1929 And it further appearing to the satisfaction of the Court that no answer or demurrer to said complaint has been filed, and that no extension of time within which to file any pleadings has been obteined by the defendants, x and that more than thirty days have elapsed since the service of said summons and copy of the complaint upon the defendants; and that Said complaint is based unon the terms of an express contract, which said contract is set out and fully described in the thira paragraph of the plaintiffts complaint, and that said complaint sets forth a cause of action acasinst the defendants for the breach of - xpress ctontns + T° fo exam £5 - + be an express contract to pay « wm fixed ody the terms of the contract, or capable of being ascertaine therefrom by ‘tion, and that the Plaintiff herein is anti+ + S.9A am y defiant 4 } mntitled to Judgment by default final acainst the defendants herein; And it further appearing to the Court that defendant, Fred H Deaton, was by an order of Court made permanent receiver of the Kincaia Veneer Company, & corporation, and it also { ‘urther appearing that the said Receiver, Fred G Deaton, has been made a party to this action, IT IS, THEREFORE, on motion of counsel for Plaintiff, ORDERED, ADJ« UDGED AND DECREED That the plaintiff have and recover of the defendants, KINCAID BENEER Cow Pwa er . PE ; VENEER CONPNAY, a corporation, and/or FRED H DKATON, Receiver, the sum of TWO HUNDRED FIFTY=-ONE ana 79/100 DOLLARS ($251.79) 51.79), amount from the 26th dav of October, 19027 ‘ ei ae together with interest on said until paid, at the rate of six per cent per annum, T > FURTHY HRW AN f x : IT IS FURTHER ORDERED AND ADJUDGED That the defendants pay the costs of this action to be taxed by the Clerk This the 24th Gay of February, 1930, Te above judement is credited wit ro Glebe aagenen $425.00, paid February 7, 1929, : “"Tedell, County, # Iredell County N C Harkins 2. Van Winkle Attorneys for Plaintiff, Agreed; Scott & Collier, Attorneys for defendants, Morris Br an ITllin : C Ridenhour and the Army alvace Company, Defendants. the eebh Carolina, In the Superior court Tredell County. Before the Clerk Hanks Stove & Range Company, 4& Georgia Gornoration, Plaintiff ™ FINAL JUDGMENT Gonner Brvant Hardware Compant, a corporation, Defendant. This cause coming on to be heard before the undersicned Clerk of the Superior Court of Iredell County, North Carolina, on this Monday, the 24th day of February, 1950, upon motion of Attorneys, Adams Dearman, for plaintiff for judgrent by default final, and it appearing to the Court that Summons was issued on the 27th day of December, 1929; that said summons was returnable as provided by law; that said summons, together with a copy of the complaint, was served on the defendant on the 27th day of December, 1929; that on the 27th day of December, 1929, plaintiff filed a dulv verified complaint with the Clerk of the Superior Court of Iredell County, demanding a sum certain in money due on a stated admitted account; it further aopearing to the Court that the time allowed% for the defendant to plead has elapsed since the service of the compe laint and summons unpon the defendant; that no answerg: demurrer or other plead- ing or motion has been filed by the defendant, and that no extension of time within which to plead or to move has been requested by or granted to the defenée ant; and it further appearing that the plaintiff exhibited to the court the aforesaid stated admitted account, and that there appears to be due on said a) obligation the sum of Two Hun@red Eighty Nine Dollars and Forty Two Cents, ($289.42) together with interest thereon at the rate of 6% per annum. THEREUPON, IT IS ADJUDGED, DECREED AND ORDERED that the plaintiff recover of the defendant the sum of Two Hundred Eighty Nine Dollers and Forty Two Cents ($289.42) with interest thereon at the rate of 6% per annum, togeth- er with the cost of this action to be taxed by the Clerk of the Court. This Monday, the 24th day of February, 1930. John L Milholland Clerk Superior Court, North Varolina, In the Superior Court Iredell Vounty. Before the Clerk others Shoe Company, ols Corporation, P1ff,. ) ve ) FINAL JUDGMENT { § 282 day of February. 1930, upon motion of Attorneys, Adams & Dearman, for Plaintire ’ for judgment by default final, and it appearing to the Court that Summons wag issued on the 9th day of January, 1930; that said summons, together with a copy of the complaint, was served on the defendant on the 10th day of January 1930 : Y, 1930; that on the 9th day of January, 1930, the plaintiff filed a duly verified comp laint with the Clerk pf the Suverior Court of Iredell County, demanding a sum certain in money due on a stated admitted accounts; it further appearing to the court that the time allowed for the defendant to plead has elapsed since the service of the complaint and summons upon the defendant; that no answer, demur- rer or other pleading or motion has been filed by the defendant, and that no extension of time within which to plead or to move has been requested by or ‘ranted to the defendant; and it further appearing that the Plaintiff exhibited to the Court the’aforesaid stated admitted account, and that there appears to be due on said oblization the sum of Four Hundred Kleven Dollars ($411.00), to- gether with interest thereon at the rate of 6% per annum from the 16th day of April, 1929 THEREUPON, IT IS apDJ DGED, DECRRED AND ORDERED that the plaintiff re- cover of the defendant the sum of Four Hundred Eleven Dollars ($411.00) with interest thereon at the rate of 6% per amnum from the 16th day of Aprii, 1929, until paid, tovether with the cost of this action to be taxed by the Clerk of the Bourt, r of February, 1930, John L Milholland Clerk Superior Court State of N 1 f North Carolina, § In the Superior Court Cor . 1 ounty of Iredell 0 Before the Clerk, C H Turner Manufacturing Company, Inc, { 0 vs 0 PINAL JUDGMENT 0 oT Hai? This cause coming on to be heard before the undersigned Clerk of the Superior Court of Iredell County, North Carolina, on this Monday February 24th, 1950, upon motion made by Attorneys for the plaintiff, for judgment by de > fin : fault final, and it a pearing to the Court that claim and delivery proceed= ings were duly instituted on the 12th day of November of herein on said date; that i929, by due issuance said summons was returnable as required by law; that Gi 1e s x endea ra is as . . at tir was extended for filing of the complaint, by orden ae Se a dae of the Superi or Court of Trea Cell County; that on Nov 25th 1929, a duly verified Bi is complaint, demanding a sum certain in money due on a written instrument, to-wit: A chattel mortgage, was filed; that as an incident to the chief relief demanded, in this action, that by virtue of the authority and power contained in said chattel mortgage, certain items of personal property be taken from the defendant and sold to pav ana satisfy the balance due on the aforesaid ehattel morteage and money judgment that might be rendered herein; that, in consequence of the demanding of the said iiei Sans refief, the aforesaid summons had attachedthereto plaintiffts affidavit and undertaking in the amount of $600.00, together with an order of court directing the Sheriff of Iredell County to take the items of personal property from the defendant and deliver same to the Plaintiff; that the aforesaid summons and attached papers were duly served, as by law required, on the defendant and that the sheriff returned the said papers endorsed as follows, viz:"The wibk in described pboperty not to be found, This 18th day of Nov 1929"; 4t fur ther appearing to the Court that the time allowed for the defendant to plead has elapsed since the said service of the summons, affidavit, undertaking and order upon the defendant, and that non answer, demurrer or other plead- ings or motion has been filed by the defendant, and that no extension of xke time within which to plead or to move has been requested by or granted to the defendant; and it further appearing that the plaintiff exhibited to the court the aforesaid chattel mortgage, snd that there appears to be due on said obligation the sum of $259.35, together with interest on the same since 14th day @f May 1929; and it further appearing that by virtussof the afore- Said chattel mortgage, the plaintiff is entitled to the aforesaid mentioned items of personal property as set forth in the complaint for the purposes therein expressed, Thereupon it is adjudged, decreed and ordered by the court as fot lows: 1. That the plaintiff recover from the defendant the sum of $259.35, together with interest on the same at the rate of 6% per annum from May 14, 1929, until paid, together with the costs of this action to be taxed by the Clerk of the Court, 2. That George B Tarrant be, and is hereby appointed as conmmissiom to seize and sell, 100 bushels of the 1929 crop of corn, as mortgaged in the hereinbefore mentioned chattel mortgage, that has been discovered since the return of the sheriff's endorsement on the undertaking and affidavit in this Cause, after advertising in accordance to law, to the hichest bidder for cam the proceeds of sai . ing the usual 10% commission, after payment of the expense of sa go the payment of the Judg- ment hereinaBove decreed; second, delivery ® balance, if any, to the Clerk of the court for distribution to the defendant or to whom ever 6186 "ay be entitled to the same. John L Milholland Clerk Supert This 24th day of February, 1930,- ee A ce ee $i on aa See Ws A 4 Ric A ils ais North Carolina, In the Superior Court Iredell County. Before the Clerk James R Hill and 6 x John C Fox ) x vs : FINAL JUDGMENT Oakland Heights, Inc, ) This cause coming on to be heard and being heard before the under- signed Clerk of the Superior Court of Tredell County, on this Monday, Febru- ary 24th 1930; and it appearing to the court that on January 24th 1930, the Plaintiff caused a summons to be issued against the defendants in this action and at the same time filed a verified complaint; and it further appearing that on January 24th 1950, said Summons, together with a copy of said verified complaint, was duly served on the defend o ant, Oakland Heights Inc.; and it fur- ther appearing that this action is an action to recover a sum certain on two promissory notes, the amount which is 31456.66, less a credit of 367.00 paid Jan ist 1930 and interest on the same at the rate o: x: D nt nu 7 Of Six per cent per annum Trom Dec list, 1928 until vaids; and it further appearing that more than thirty avs have elapse ind expired since the service of summons ana copy of comp- laint on the defend t, and that the defendant has failed to appear and an- Wht an Aawiwn £an eae eaomr in vi thity } > $ 7 } swer uy © said complaint within the time allowed by law, and still fail and neglect to answer or demur to said complaints; It is, therefore, considered, adjudged and decreed that the plain- oP wn Te . 3 Din ae } 4 a 27 ae iff recover of the defendant the sum of 51466.66, less a credit of '67 00 natad Tan le 190340 $4 £1 ne +} on Pen 3 > O09 paid Jan lst, 1¥50, with interest hereon fro the first day of December, 1928 at the rate of six per cent per annum until paid, [t is further considered and adi udged that the plaintiffs recover f the defendant the cae f thi ti oO © defendant the cost of this action to be taxed by the Clerk of the John L Milholland Clerk Superior Court yorth Carolina, In the Superior Court Tredell County. w W Rankin Company, 6 vs b JUDGNEN?®? AL Deal and Mrs C J Deal 0 This causé coming on to be heard before John L Milholland, Clerk of Superior Court on Monday, March 5, 1930, and it appearing that the cause of action is based@ on a note that a duly verified comp aint was filed on January 950 and a copy of the complaint and copy of swnmons were aulv servednon BT, is PY defendants on January 28, 1950 and it further appearing that more than th® the ’ @ thirty days have elapsed since the filing of the complaint and the service of the summons and complaint end that no answer has been filed It is therefore ordered and adjudced that the pleintiff recover the sum of Seventeen Hundred Forty and 87 /100 Dollars with interest from Warch : 1929 at the rate of six per cent per annum until paid arainst the cefendants and the cost of this action, This March 3, 19350, John Tete North Carolina, In the Superior Court IredelllCounty,. Before the Clerk, Benj Hartz, Harris I, Hartz, and § Marvin Hartz partners trading $ as H L Hartz,& Sons, ) vs 5 JUDGMENT. Kelly Clothing Company; Inc. ) This cause coming on to be heard and being heard before His Honor, John L Milholland, Clerk of the Spwperior Court of Iredell County, and it appearing to the Court that summons in the above entitled matter was issued on the 3lst day of December 1929, and at the time of issuance of said summons a culy veriffeddcomplaint was filed in this office, and it further appear ing to the Court that a covy of the summons and complaint was duly served on the Gefendant on the Slst day of December 1929, and that no answeer or demurrer he 4 4 4 been filed on or before thi 3, 1950, and it further appearing to the Coux that the time for fiT 7” ® or denurring or otherwise pleading has ex-= Ls Pired; and it further appearing’ to the Court that the plaintiff is entitied to the relief demanded in the complaint. Nawxthaxrr Now therefore it Dollars with interest from action to be taxed by the North Carolina, Iredell County. United States Tire Co Inc, a U is ordered and adjudged by the Court thet the » Plaintiff recover of the defendant the sum of Three Hundred and Fifty-nine Nov 20, 1929 until paid, with the costs of this Llerk, John L Milholland Clerk Superior Court In the Superior Court Before the Clerk, vs § mi DGMENT ‘ x J B Smith trading as ) J B Smith Motor Company. his cause coming to be neard and being heard before His Honor yh ; Llholland ry the iuner4y ( ; Lnolland, K Of] €e cuperior Court of Iredel} County, and it r ¥ - +} ~ o . é rin to the Sourt » + mrons in the above entitled yr atter was ise sue y +4 7+1, + ani1larr, 1O%ND y 5 , sued on e 17th day of anuary, 1930, a: at the time of the issuance of aatAaA c y 344 4 Saia si ons a dulv ver? ja COMYN 1] 64 nt na fz - ; » } 4 fied complaint was fled in this effice, and it further appearing to the Co ere dulv served o the def mpt + } ‘ > * of +?) FIIMMONe q $ rt at a copy of 6 summons and complaint pendant on the 22nd day of January 1950 ar ss ie anc that no answer or demurrer been filed on or before this 3rd day of ar 0, aad it irther appearty to the Court that the time for filing an an- swer, denurri or otherwise pleading has expired; and it further avpear- ng to the Court that the ¢ intiff is entitled to the relief demanded in the com 14int s: Now, therefore it 3 Plaintiff recover of the the 15th dav of av 192 to he taxed bv the Clerk ° Nor th Carolina, § Iredell County. 4 ira D Hefner vs WM Orr and Ethel orr This cause mgaerk of the Superior Court U we D "3 oD He | ~ il 1dced by the Court that the cefendant the sum of £95.50 with interest from bk aw t ratha $ -i paid, together with the costs of this action John L Milholland Clerk Superior Court In the Superior Court Before the Clerk, Q FINAL JUDGMENT coming on to be heard before the undersigned of Iredell County North Yarolina, on this Mon- ye 287 day the 3rd day of March 1950, upon motion of attorney, John T Gillespie, for $ the plaintiff for judgment by default final, and it appearing to the Court that gummons was issued on the 17th day of Septenber, 1929, said summons was return- able as provided by law; that said summons, together with a copy of the complain was served on the defendants on the 24th day of September 1929, the plaintiff filed a verified complaint with tre Clerk of Superior Court of Iredell County demanding a sum certain in money due on written instrument, to-wit: a certain promissory note; it further appearing to the Court that the time fBlliowed for the defendants tp plead has elapsed since the service of the complaint and summons upon the defendants; that no answer, demurrer or other pleading or motion has been filed by the defendants, and that no extension of time has been reauested or granted to the defendants; and it further appearing that the plaintiff exe hibited to the Court that aforesaid note, and that there appears to be due on tozether with interest on said amount the said obligation, the sum of %500.00, from October 27th 1928, until paid, TH#*REUPON, IT IS ADJUDGED, DECREED AND ORDSRED That the plaintiff re- cover of tne defendants the sum of %500.00 with interest at the rate of six ver 1928, until paid; torether with cent per annum from the 27th day of October, , the costs of this action to be taxed by the Clerk of the Court. This Monday, the Srd day of liarch, 1930. John L Milholland Clerk Superior Court, North Carolina, Spring Term, 1980 Supreme Court. Iredell County. No. 517 Grier Lowrance Construction Co ) vs 6 JUDGMENT linston-Salem Journal Co. t This cause came on to be arcued upon the transcript of the record from the Superior Court of Iredell County:* upon consideration whereof, It is, commBd@ered and adjudreed by the Court here, that the opinion of i Brogden, Justice, be certified to the Court, as deliv by the Honorable (3g the said Superior Court, to the intent that the judgement ig modified and affirm- €d as indicated in said opinion. And it is considered and adjudged further, that’ the defendant and surty do pay the costs of the appeal in this Court incurred, to-wit, the sum of Thirty four and 25/100 dollars($34.25) and execution issue therefor. A True Copy: Edward C Seawell Clerk of the Supreme Court (Court Seal) 288 poe North Carolina, Spring Term, 1930, Supreme Court. Iredell County. No. 512 Fort orth * Denver City Ry Co. 6 vs JUDGMENT ) C P Hegwood, Admr. of the Estate § of Samuel Kestler- § This cause came on to be arcued upon the transcript of the recorg from the Superior Court of Iredell County:= upon consideration whereof, this Court is of opinion that there is no error in the record and proceedings of sahd Superior Court, [It is, therefore, considered and adjudged by the Court here, that the opimion of the Court, as delivered by the Honorable Heritt Clarkson, Justice, be certified to the said Supertor Court, to the intent that the judement is affirmed. And is is considered and adjudced further, that the defendant and surety do pay the costs of the appear] in this Court incurred, to-wit, the sum of Forty and 75/100 Dollars (540.75) and execution issue therefor, A True Copy: Edward C Seawell Clerk of the Supreme Court (Court Seal) < go+@a t ¥ Slang State of North sQTO 1 Nay, in the Superior Court unty of Iredell L ee sx rown 4 \ vs ( J ’ ~“\ e The Provident Life ana 6 Accident Insurance O64. () sared ate ‘ Ln € C OY to pe neard before the undersigned, Clerk of the Suvertor ourt of [redel} Younty Nearing to the satisfaction of the Court that the Plaintiff and defendant have settled and compromised all things and denands ade by the Plaintiff in the above entitled cause: pon motion of Messrs Moss inberry, Attorneys, fo the plaintiff, ordered and adjudged and decreed by the Court that the above entitled cause be, and the same is hereby non-suited. All costs in this action have been paid, This the 6th day of \ arch, 190, John L Milholland, Clerk Superior Court. | | op \ In the Superior Court yorth Carolina, Iredell County. CL Williams, Receiver of the Commercial National Bank of ' Statesville, N. C. ' 6 ' vs JUDGMENT $ K Carson This cause coming on to be heard before me on Monday, March 10th 1930 and it appearing to the Court that the defendant has paid the sum of $534.92 in settlement of the principal and interest on the notes sued on in this action, aa and the further sum of $8.80 court cost; It is now ordered and adjudged, upon motion of the palintiff, this ac- tion be and is hereby dismissed, John L Milholland EM Land Clerk Superior Court, Attorney for plaintiff SERS Seb 55 Sb Rete th tb et thie North Carolina, In the Superior Court Iredell County. CL Williams, Receiver of the Commercial National Bank of Statesville, N. C. vs JUDGMENT =—|_- = oC em JC Tilley, T A Hartnesa and JR Brewer, This cause coming on to be heard before mé, on Monday, March 10,1930 upon the verified complaint of the plaintiff and it appearing to the Court that the summons and a copy of the complaint was served on the defendant J © Tilley on December 4th 1929, and on the defendant T A Hartness on December 9, 1929; Anc it further appearing that this action in instituted for the re- Sovery of the sum of $850.00 with interest from May 26, 1928, on a note executed by the defendants to the Commercial National Bank of Statesville, North Carolina Subject to a credit of $54.33 paid on November 2, 1929; And it further appearing that the defendants have not filed any answer within the time allowed by law and that the plaintiff is entitled to judgment by default final on the aforesaid note; It is, therefore, ordered and adjudged that the plaintiff recover of *he defendant JC Tilley and T A Hartness the sum of $350.00 with interest fvom May 28th 1928, subject to @ credit of $54.33 on November 2, 1929, and all costs of this action to be taxed by the Clerk. John L Milhohland, Clerk Superior Court ibe Bieta ee PR ee North Carolina, § In the Superior Court Iredell County. 4 Statesville Buick Company, @ corporation vs 4 JUDGMENT : ’ \ CG Belk, EA Childers, H L Childers and J L Harris This cause coming on to be heard before the undersigned Clerk of the Superior Court and it appearing to the Court, that the above entitled action Was commenced in this court on the 3lst day of Hanuary, 1930 by the filing of a verified complaint against CG Belk, E A Childers and H L Childers, alleging a right of action on a negotiable note for $500.00 executed by the defendant, cq Belk and endorsed by E A Childers and H L Childers, said note being secured by a Chattel Mortgage on certain property belonging to the defendant, C G Belk, and the said Chattel Mortgage having been duly recorded, The court further finds that summons in this action, a writ of claim and delivery and a copy of the plaintiff's verified compleint wsa served onc G Belk, E A Childers and H L Childers on January Slst, 1930, That the Sheriff of Rowan County seized the following property from the defendant, Cc G Belk; One Buick touring car, motor No 1202077; one Bay mare mule; one Jersey Cow (horns ); 10 shoats; one black mule; one blue mule and one mulley cow, Teh court further finds, that J L Harris executed a good and suf- ficient bind in the sum of $60000, agreeing that if the saia property should be returned to the defendant, that it Should be returned to the plaintiff with damages for its deterioration and detention, togebher with cost of the action, if the property was adYudzed to belong to the Plaintiff. The court finds that the defendants have failed to answer the Plaintiff's complaint and to raise any issue denying the Plaintiff's alleged cause of action. The court finds that the defendants, C G Belk, E A Childers and H L Childers did on the llth day of April, 1929, execute and deliver to the Plaintiff their negotiable note in the sum of $500.00 with interest from the llth day of April, 1929, and that since that day, they have made payments of $75.00 on November 19, 1929, $100.00 on the 6th day of December, 1929 ana other small miscellaneous payments of $62.00 since that time, and that Said note was secured by a Chattel Mortgage upon the property, s@ized by the Sheriff of Rowan County, and for which the defendant, JL Herris, has executed and delivered to the court his bond, to guarantee the delivery to the Plaintiff of the property seized by the Sheriff, On the foregoing findings, the court finds that the defendants CG Belk, E A Childers and 4 1 Childers are indebted to the plaintiff in the amount of $500.00 with interest from the llth day of April, 1929 at the rate et 6 per cent per annum, subject to credit for payments as set out in the “above findings, and the court further orders that the property, enumerated 4n the officer's return on the summons, is the property of the Plaintiff, and that the said property be delivered to the Plaintiff at once, otherwise, this judgment, together with interest and cost, is adjudged against the bondsman, J L Harris, That the property be sold according to law, and the proceeds after deducting cost, be applied to payment of this gudgment. The above findings is the judgment of this court, This the 10th day of March, 1930, John L Milholland Clerk Superior Court... WE TE eae Ee TESS ttt 2 North Carolina, In the Sgpperior Court \ Iredetk Connty. J ¢ Holmes Lumber Co. Inc., 4 va 4 JUDGMENT BY DEFAULT FINAL Golf Development Company § This cause coming on to be heard before the undersigned Clerk of the Superior Court of Iredell County on Monday, March 10th, 1930. And it appearing to the Court that the plaintiff served a copy of the summons and verified complaint upon the defendant on the 4th day of February, 1950, and that the defendant has not filed any answer or dther pleadings raisig an issue within 30 days after date of the dervice of said summons and verified complaint. It further appearing to the Court that this is an action to recover the purchase price of certain lumber and materials sold by the plaintiff to the defendant upon an express contract, and that the defendant received said lum- ber and materials, and agreed to pay the plaintiff therefore the amount set out in the complaint, and it appearing further to the Court that the plaintiff has from time to time furnished the defendant with written statements of its ae ‘Count Showing the amount due to it by the defendant as set out in the complaint and that in no case has the defendant objected to the correctness of the state- ments so rendered comering said account, and that Bhereby the account between the Plaintiff and defendant has become a stated account, And it appearing to the court thet the defendant is justly indebte to the Plaintiff for goods, wares and merchandise sold to it by the plaintiff in the amount of $333.11 with interest thereon from the 23rd day of March, 1928 until paid at 6 per cent, and that the plaintiff has made demand upon the de- fendant for the payment of said amount, end payment has not been made, cover judgment against the defendant for the sum of $333.11 be taxed by the Clerk of this Court. Signed Monday, March 10th 1930, John L Milholiang . Clerk Superior Court — North Varolina, In the Superior Court Iredell County, Before the Clerk. Copper Clad Malleable Range Company, a Nebraska Corporation vs FINAL JUDGMENT The Conner Bryant Hardware Company & corporation, Defendant, <=> oe oo This cause Coming on to be heard before the undersigned Clerk of the Superior Court of Iredell County, North Carolina, on this Monday, the 10th day of March, 1930, upon motion of Attorneys, Adams & Dearman, for Plaintiff, for judgment by default final, and it appearing to the Court that summons was issued on the 4th day of February, 1930; that said summons was returnable as provided by law; that said Summons, together with a copy of the complaint, was served on the defendant on the 4th day of February, 1950; that on the 4th day the plaintiff filed a duly verified complaint of the Superior Court of Iredell County, of February 1930, with the Clerk demanding a sum certain in money due on & written instrument and & stated admitted account; admitted account and written instrument, and that there appears to be due on said obligation the sum of One Thousand Five Hundred Ninty Four Dollars and Sixty eight cents ($1,594.68), together with interest thereon at the rate of 6% per annum, THEREUPON, IT Is ADJUDGED, DECREED AND ORDERED that the plain- tiff recover of the defendant the sum of One Thousand Five Hundred Ninty Four Dollars and Sixty Eight Cents ($1,594, 68) with interest thereon at the rate of 6% per annum, together with the cost of this action to be taxed by the £ Clerk of the Court. This Monday, the 10th day of March, 1930, John L Milholland Clerk Superior Court It is therefore ordered and adjudged that the plaintirr have ang ree with interest there. on from the 25rd day of March, 1928 until — es ot a IN THE SUPERIOR COURT MARCH TERM 1930 Monday March 1@, 1930, porth Carolina, In the Superior Court Iredell County. March Term, 1930, Be it remembered that a Superior Court begun and held in and for the State and County aforesaid, on the lst Monday after the first Monday in March, 1950, the same being the 10th day of March, 1930, when and where Hig Honor, Thos J Shaw, Judge Presiding and Holding Courts for the Fifteenth Jud- icial District, Spring Term 1930, is present and presiding, at this term for civil cases only. North Carolina, In the Superior Court Iredell County. MF McCoy, Plaintiff i vs 6 Robert G Lassiter and : Company, @ corporation, Defendant, é Thésabove causet coming on to be heard before the undersigned on motion of Roberson, Haworth & Reese, Attorneys for the defendant, that ~- ard Lamberth be made a party defendant in this action, to the end that the que @tion of liability for the alleged injury upon which this action is based, may be finally disposed of, and the Court finding that said Howard Lamberth is a proper party and necessary for the complete determination of the liability in this acfion, It is, therefore, ORDERED, ADJUDGED AND DECREED that the said Howard Lamberth be made a party defendant, and that summons, together with copies of the complaint and answer and this order, be served upon said Howard Lamberth, and that he plaintiff have thirty (50) days from date to file his amended comp- laint in this action and defendants 30 days thereafter to file answer or amend- ed answer, This the @Oth day of March, 1930. Thos J Shaw Judge Presiding APs oe TION MO peeriy ; Hearing of exceptions to the Referee's vs { report taken up and continued through the § entire day. C A Stearns, D B Harris et al. fj This Honorable Court takes a recess until Tuesday Morning March 11, 1930, at 9:30 A. M. 0 c Dh wo2S- Juage iding and Holding Courts To th sth Judicial Disrict aie —— IN THE SUPERIOR COURT MARCH TERM 1930, Wuesday March 11, 1930. IN THE SUPERIOR CouRT Wednesday March 12, 1930. This Honorable Court convenes according to adjournment Tuesday Morn. This Honorable ing March 11, 1930 at 9:30 A. M. for the dispatch of business, Court convenes according to adjournment Wednes- day Morning March 12th 1950 at 9:30 A.M. for the dispatch of business, J L Sherffll, High Sheriff of Iredell County, be present and return. North Carolina, In the Superior Court ed into open Court the names of the good and lawful men to serve as jurors for | Iredell County. March Term 1930 this term of Superior Court, te-wit: J P Patterson, Harry H Abernathy, RA Millsaps, ws Kelly, E P Jordan, BeKalb Kennerly, wW ma eRe B Norrisa, BC Deal, yA Grier-Lowrance Construction Co. 4 Hart, C D Ostwalt, NA Stine, T Ross Alexander, aa 0 B Mayberry, T ¢ Barrier, va ($ JUDGMENT Winston Salem Journal 0 John T Tharpe, G F Arthurs, Geo W Morrsson, J Madison Davis, JL Bost, J T York and T C Crouch, This cause coming on to be heard at this term of Court before The following were excused by the Court, A D Brawley and BA Troutman, His Honor, Thomas J Shaw, Judge Presiding, and being heard upon the certifi- The following was not served, Charles Ost, ———— cate of the Supreme Court, and it appearing to the Court that the Supreme Court has held that the lower court was in error in submitting to the jury \ 542- Lola Hohnson Beard vs Glenn V Beard -- Continued the question of permitting the plaintiff to recover 10% upon the amount of “ 580=- Lela Macktee vs Tom Macktee -- Continued the Ingold Roofing Company's bill of $2,080.00, and mo@ified the judgment of \6135~ Murlee C Falis vs Ed Falls -. Continued ‘645- Tampa Drug Co, this court by ordering that said amount be striken from judgment; and that vs GE French -- Continued b consent ; in all other respects the judgment of this court was affirmed; ~549- L B Bristol et al vs C M Bingham -- Continued by consent, ; IT IS THEREFORE, considered, adjudged and decreed, by the Court, ame SOS that the judgment heretofore entered in this cause be modified to conform to JC’ Brookshire et al 6 the opinion of the Supreme Court by reducing said judgment from $2,228.00, vs 0 with interest from said date, to $2,080.00, with interest from said date, W P Sholl, et al 6 and as thus modified, that said judgment be, and the same is hereby in all The following named jurors were sworn and empannelled to an- Swer the issues in this case; J Pp Patterson, RA Millsaps, E Pp Jordan, respects approved and affirmed as of the date of its entry. DeKalb Kennerly, WB Norris, BC Deal, JA Hart, C D Ostwalt, N A Stine, NA Stine =n, 0 B Mayberry, T C Barrier and J L Bost. Pending trial of this case the court takes a recess, Thos. J. Shaw Judge Presiding | No, 543 JC Brookshire, ET AL. Plaintiffs Honorable Court takes a recess until Wednesday vs ( ISSUES ) Morning March 12, 1930 at 9:50 Otclock A. M, 7 P School, ET AL. ( Defendants I. In what amount, if any, are the defendants indebted to the ™- Judge —— ding . Plaintiff? a Answer: $762.27 Pluss Int @ 6% 11/8/28 to date This 2. Did the plaintiff breach their contract in the construction of the house referred to in the pleadings, as alleged in the defendants' answef? Answer: Yes 5. If so, what damage, if any, are the defendants entitled to re- . Cover? qucigtanens Re lowing Terrace $50.00, Defects lst floor $10.00, Stairway 0.00, floor $e0g00, Garage $20.00. OL MARCH TERM 1930, 7 IN THE SUPERIOR COURT MARCH TERM 1930 Wednesday March 12, 1930, No. 550 E T Bolick 4 va 6 Conrad Stewart i The following named jurors were Grawn, sworn and empanhelled to answer the issues in above entitled casé. WS Kelly, Gw Josey, WA Bolling- er, G F Arthur, Geo W Morrison, J Madison Davis, JT York, TC Crouch, ¢C B Morrison, Quince Warren, J R Rives and J H Compton, Pending trial of this case the court takes a recess, This Honorable Court takes & recess until Thursday Morning Judg ee March 13, 1930 at 19330 A. M. IN THE SUPERIOR CouURT MARCH TERM 1930 Thursday March 13, 1930, This Honorable Court convenes according to adjournment Thursday Morning March 15th 1950, at 9:30 A. M. for the dispatch of business, North Carolina, In the Superior Court Iredell County. March Term 1930, J C Brookshire, S R Brookshire, t and V G Brookshire, trading and i doing business as J C Brookshire j & Sons, Plaintiffs. 6 , ¢ j vs JUDGMENT W P Scholl and wife, Ethel Hyatt Scholl, Defendants. This cause coming on to be heard at this term of Superior Court of Iredell County, and being heard before His Honor, Thos J Shaw, Judge Presiding, and a jury, and the jury having answered the issues submitted to them by the court as set out in the record in favor of the plaintiffs and against the defendants: It is therefore ordered and adjudged by the Court that the plain tiffd recover of the defendants the sum of $632.27, together with interest thereon at the pate of six per cent per annum from the 10th day of November, 1928, until paid, ahd that the defendants pay the costs of this action to be taxed by the Clerk, Thos J Shaw Judge Presiding No. 550 ET Bolick, Plaintirr ¢ vs 0 Conrad Stewart, Defendant 6 1. Was the plaintiff injured by the negligence of the defendant, a8 alleged in the complaint? Answer: No 2. What damage, if any, is the plaintiff entitled to recover? Answer: On motion of Hon. H P Grier, member of this Bar, and seconded by Hon John G Lewis; It is ordered that all cases calendared for trial, at this ferm of Court, after and including No. 566 be continued for term, \ No. 566- J R Little vs B S Sherrill -- Continued \ 567- GH Jolly, Admr of Amanda Mencer vs Lena Mason et al. -- Continued \ 573= Mrs Daisy Redman vs Oscar R Mills -- Continued. IN THE SUPERIOR CouRT MARCH TERM 1930 Thursday March 13, 1930. IN THE SUPERIOR CouRT MARCH TERM 1930 Friday March 14th i930, This Honorable Court convenes according to adjournment Friday Morn- NO. 574- W W Rankin Co. vs Cannon Mills -= Continued ing March 14th 2950, at 9:50 O'clock aA. M. for the dispatch of business, . 590- R F Davidson vs C S Brawley and C B Morrison -- Continued “ 592= T Ross Alexander Inc vs Lo Island Cotton Mills Co -.- Con | No. 555 ' ng tinued \ The Fisk Tire Co. Inc., i So4- C L Williams, Recv, ve J W Hatchett and Roger G Moore -- Continued rs Plaintiff 3 \595- N E Morrison vs C A Stearns -- Continued vE ‘ ISSUE \so7- D L Brown vs Oscar R Mills, J Cc Brookshire et al -- Continued L B Bristol et al trading § | as Bristol Motor Co. 6 ‘598- American Limestone Co vs Atlantic Paving Co -- Continued Defendant \602- J S Stearns vs Gus Guerukos -- Continued Is the defendant indebted to the plaintiff, and if 80, in what \ 604- Roy C Gibson vs W A Evans Admr of Z V McLain -- Continued amount? “618= C L Williams Receiver, vs J C Roseman and wife -- Continked Answer: $6362.58 & Int. from 1-10-29 to date, 624~ C L Williams Receiver vs J H Troutman -- Continued \625=- Gracie Chambers vs Home Security Life Insurance -- Continued, North Carolina, In the Supertor Court Iredell County. § March Term 1930 No. 555- The Fisk Tire Co, Inc, \¢H Turner, Individually, \and C H Turner as a Stockholder \‘and Creditor of the defendant Company, on behalf of himself and all other stockholders and vs 4 § ' creditors who may come in and make 0 § : $ i ‘ 0 L B Bristol et al trading 0 as Bristol Motor Co, 0 themselves parties Plaintiff to The following named jurors were sworn and empannelled to answer ents action, the issues in this case; C D Ostwalt, J Pp Patterson, RA Millsaps, BC Deal, ed oR oes N A Stine, 0 B Mayberry, T C Barrier, & P Jordan, J L Bost, J A Hart, w B ¢H Turner Manufacturing Company Norris and DeKalb Kennerly, This cause coming on to be heard at the March Term, 1930, of Pending the trial of this case the Court takes a recess, Iredell Superior Court, at which time and place the creditors and others were notified to appear an@ file objections, or show cause why the order &ppointing a permanent Receiver and prescribing his powers heretfore entered by the court on the 8th day of February, 1930, at the January Term of Iredel This Honorable Court takes a recss until Friday Morning Superior Court, should not be continued and made permanent $ March 14th 19350, at 9:30 O'clock A. M, And no person having appeared and made any objection, the said Dh Mot ) ordeb signed Feb 8th 1950, is hereby continued and made permanent without Judge ®fediding a objection on the part of any creditor, stockholder or other interested Da Party. Thos J Shaw . Judge Presiding at March Term Seibstsest North Carolina, In the Superior Court | Ireden1 County, March Term 1930, Grinnell Company, a Corporation, Plaintirf vs JUDGMENT WE Munday, Defendant This cause coming on to be heard before his Honor, Thomas J Shaw, Judge Presiding, at the regular term of Superfor Court of Iredell County on IN THE SUPERIOR COURT MARCH TERM 1930 Friday March 14, 1930, this 12th day of March 1930, for judgmenty and it appearing to the Court that the defemdant has consented to give plaintiff judgment as asked for in the com. Plaint, showing a balance due for Boods sold and delivered, NOW, THEREFORE, IT IS ADJUDGED, DECREED AND ORDERED that the plain. tiff recover of the defendant the sum of One Thousand Four Hundred Eighty Five Dollars ($1,485.00) with interest thereon from the 17th day of February, 1928, until paid, and for the cost of this action to be taxed by the Clerk, Thés J Shaw Judge Presiding 15th Judicfal District, North Yarolina, In the Superior Court Iredell County, March Term 1930 Willie Douglas vs 0 ISSUES Albemarle Ice & Fuel Co., ; The following named jurors were sworn and empannelled to answer the issues in above case; WS Kelly, G Ww Josey, WA Bollinger, J P Patterson, Geo W Morrison, J Madison Davis, J T York, T C Crouch, C B Morrison, T Ross Alexander, J R Rives and © D Ostwalt, Was the plaintirr injured by the neglegence of the defendant as alleged in the complaint? Answer: Yes What damage, if any, im the plaintirr entitled to recover of the defendant? Answer $2000.00 This Honorable Court takes a recess until Satmrday Morning March 15, 1930 at 9:00: @'clock A. M. Judge Présiding Tens ase ie a ——a i a sabe IN THE SUPERIOR CouRT MARCH TERM 1930 Saturday March 15, 1930, This Honorable Court convenes according to adjournment Saturday Morning March 15, 1950 at 9:00 O'clock A M for the dispatch of business, North Carolina, In the Superior Court Iredell County. March Term 1930 Fivk Tire Company, Inc. vs JUDGMENT Trading and Doing Business j 6 L B Bristol, an Individual i as Bristil Motor Company. 4 This cause coming on to be heard at the March Term, 1930, of Iredell Superior Court, before His Honor, Shaw, Judge, and a jury and the Jury having answered the issue submitted to it as follows: "Is the defendant indebted to the plaintiff, and if so, in what amount? Answer: $6362.58 & int. from 1-20-29 to date," It is, therefore, ordered ,considered and adjudged that the plain tiff hamwe and recover judgment against the defendant in the sum of $6362.58, with interest from January 10th 1929, until paid, at 6%, together with the costs of this action to be taxed by the Clerk of this Court, Thos J Shaw Judge Presiding at March Term, Defendant moves to set aside the verdict for errors committed by the Court in the progress of the trial. Motion overruled. Defendants excepts Judgment signed, Defendant excepts and appeals to the Supreme Court. Notice Waived in open Court. Appeal bond fixed at $75.00 ob to cpmply with the statute, By consent of all parties, the defendant is allowed 30 days to serve Case on appeal; the plaintiff is allowed 50 days after such service to serve Countercase or file exceptions, North Carolina, In Superior Court Iredell County. March Term 1930 ET Bolick by James E Bolick 4 next friend, Plaintiff 6 i i JUDGMENT Conrad Stewart, Defendant + This cause coming on to be heard at this term of Court, and being heard before His Honor, Thomas J Shaw, Judge Presiding, and a jury, and the Jury having answered the issues submitted in favor of the defendant and against the Plaintiff; IN THE SUPERIOR COURT 302 MARCH TERN 1930 Saturday March 15, 1930. It is, therefore, ordered considered and adjudged that the plain. tiff recover nothing in this action, Thos J Shaw Judge Presiding North Carolina, In the Superior Court Tredell County, March Term 1930, Willia Douglas vs 6 JUDGMENT Albemarle Ics and Fuel Coa, 6 This cause coming on to be heard -t this term of Court before hid Honor, Thomas J Shaw, Judge Presiding, and a jury, and the jury having answered the issues submitted as follows: Was the plaintirr injured by the negligence of the defendant as alleged in the complaint? Answer: Yes What damage, if any, is the plaintirr entitled to recover of the defendant? Answer: $2000 Upon the coming in of the foregoing verdict HC Turner, Attorney for the Albermarle Ice and Fuel Co moved the court to set aside said verdict for the reason that the same was contrary to the evidence and excessive in amount whereupon his Honor Thos J Shaw after hearing argument of both attor- neys representing Plaintiff ana defendant stated in open court that unless the plaintiff wpula accept $1250.00 that he would set said judgment aside. Upon consent of both parties Plaintiff ana defendant the verdict id reduced from $2000.00 to $1250.00, Now therefore, by consent of Hugh G Mitchell and DL Raymer attorneys representing plaintirr and H C Turner and v B Jurney attorneys representing Albemarle Ice and Fuel Company it is ordered and adjudged that the plaintirr recover judgment against the defendant for and in the sum $1250.00 and for the cost of the action, Thos J Shaw Judge Presi ding Nortg Carolina, Iredell County. In the Superior Court March Term 19350 C H Turner et al. vs j Order Extending Time to File Claims C H Turner Mfg Co. Inc. } This cause again coming on to be heard bfore his honor Thos J Shaw at the March Term of the Superior Court of Iredell County and it ap» pearing to the Court that the order heretofore made in this action giving creditors 45 days in which to file their claims with the Receiver is not sufficient and it further appearing to the court that the Receiver will take a much greater time then thia to close out and liquidate this busi- ness and that an extention of time will not work a hardship on the Receiv- er nor the Creditors, It is therefore ordered that the creditors be given until the first day of July, 1930 in which to file their claims. Thos: J Shaw Judge Presiding yorth Carolina, In the Superior Court [redell County. Before the Clerk J B Cooper Motor Co. Plaintiff as 4 FINAL JUDGHENT w A Moore, Defendant. § This cause coming on to be heard before the undersigned Clerk of the Superior Court of Iredell County, North Carolina, on this Monday, March 17, 1950, upon motion made by Attorney J B Glover Jr for plaintiff, for judg- ment by default final, and it appearing to the Court that summons was {issued herein on the 13th day of February 1930; that said summons together with a copy of the complaint was served on the defendant on the 14th day of February 1930; that on the 13th day of February 1930, the plaintiff filed a duly veri- fied complaint with the Clerk of the Superior Court of Tredell County, demand ing a sum certain in money due on & written instrument, to-wit: A certain promissory note; 4t further appearing to the court that the time allowed for the defendant to answer has elapsed since the service of the complaint and summons upon the defendant; that no answer, demurrer or other pleading or mo~ tion has been filed within the legal time, by the defendant, and that no ©xX= tension of time within which to plead or to move has been requested or grantd to the defendant; and it further appearing that the pleintiff exhibited to the Court the aforesaid note, and that there appears to be due on said obli- gation the sum of Two Hundred and fifty dollars ($250.00) together with inter est on the same from May ist 1926; THEREUPON, IT IS ADJUDGED, DECREED AND ORDERED, thet the plaintiff recover of the defendant the sum of Two Hundred ana fifty Dollars ($250.00) with interest ®n the same, at the rate of six per cent per annum, from May lst 1926 until paid; together with the cost of this action to be taxed by the Clerk of the Court. This Monday March 17th 19350. John L Milholliend clerknSuper ior Court aEse Tee HTT tse the HE TE - ees ~ pee ee ll ER } Hii i) 308 North Carolina, In the Superior Court Iredell County, Before the Clerk. Upper Third Creek Drainage District #1 ws T M Crawford This cause coming on tobe heard before the undersigned Clerk of th» Superior Court of Iredell County and it appearing to the Court that summons in said action was issudd against the defendant on the 16th day of Feb. 1929, anda the same was served on the defendant, together with the complaint on the 19th day of Feb, 1929, and the complaint was Guly verified and filed in the office o of the Clerk of the Superior Court on the 16th day of Feb, 1929, and that eaid complaint was duly verified as required by law, and the action was founded upon the claim of ownership in the lands described therein; and that no answer has been filed by the defendant in said action; and that the time has elapsed for x the filing of the same; It is therefore considered, ordered and adjudsed that the plaintirr Mhave judgment against the defendant by default for the want of an answer and, It further appearing that the action is for the Possession of the lands desc:-ibed in the compjaint, belonging to the Plaintiff, and that it is en- titled to Possession thereof and, to the immediate Possession of the following described tract of land, situate in Iredell County, Concord township, adjoining the lands of Sidney @rawford and others, bounded and deseri bed as follows: BEGINNING at a marked fence post, near the branch which is the line between Sidney M Crawford and T M Crawford; thence in an eastern direction to the edge of the B he edge of the bottom and high J E Boyd's line; thence with said he creek to Sid Crawford's corner; to the center of the branch; (9-43/100) acres, more or less. This the 24th day of March 1930, John L Milholland er uperior Co North Garolina, In the Superior Court Iredell County. Before the Clerk, er Third Creek iasege District #1 vs i ' ' JUDGMENT ‘ Sidney M Crawford This cause coming on to be heard before the undersigned Clerk of the Superior Court of Iredell County, and it appearing to the Court that summons in said action was issued against the defendant on the 16th day of February 1929, and the samé was served on the defendant, together with the complaint on the l9th day of February 1929, and the complaint was duly verified and filed in the office of the Clerk of the Superior Court on the 16th day of February 1929 and that said complaint was duly verified as required by law, and the action was founded upon the claim of ownership in the lands described therein; and that no answer has been filed by the defendant in said action; and that the time has elapsed for the filing of the same; It is therefore considered, ordered and adjudged that the Plaintiff have judgment against the defendant by default for the want of an answer and, It further appearing that the action is for the possession of the ins lands described in the complaint, belonging to the plaintiff, and that it is entitled to possession thereof and, It is further adjudged that the plaintiff is the owner and entitled to the immediate possession of the following described tract of land, situate in Iredell County, Concord township, adjoining the lands of Sidney Crawford and others, bounded and described as follows: f a BEGINNING at a point on the line between J A Bass and Sid M Crawfor at high water mark on the West side of the creek; thence with ssid line - o northerniy direction :to the middle of Third Creek; thence up sai _— coe W RiMcLelland's corner; thence with Mrs McLelland's line in a = nonlin a tion to the foot of the hill or high-water mark; thence with h _ eS —. through the lands of said Crawford to the edge of the peeks 360 - * 3 ~~ al stpeam; thence up the edge of this bottom land and into t : cen i. stream at a mark fence post and said stream being the line be sf fine a ford and T M Crawford; thence with this line and several —— eer ee st ol these twountil the line is in the creek; thence in a ere y rat ld cg J E Boyd's line to the highewater mark; thence with the oo oo. tee a northernly direction through the lands of Sid M Crawford to & Ng» taining EIGHTEEN (18) acres, tion in ejectment be It is further ordered and adjudged that execu issued, on demend of plaintiff and that the cost be taxed against the defendant This Monday, March 24th, 1930, John L Milhollana Clerk Superior Court, Se cb tee tt ttt oe pon - = ae ra Se : — = = ae 2 ae oe SS ¥ In the Superior Court, Under and by virtue of the authority contained in Section 13, Section orth Carolina, \ 218(c), Consolidated Statutes, it appearing to the Corporation Commission that Iredell County. Before the Clerk, an agsessment against the stockholders of the Troutman Banking & Trust Company, Troutman, North Carolina, is necessary in order to discharge the liability to general creditors of said Troutman Banking & Trust Company, the Corporation Commission of the State of North Carolina hereby levies an assessment against the stockholders of the Troutman Banking & Trust Company equal to the stock liability of each stockholder, of said stockholders being as follows: Name W A Bristol J E Brookshire J C Brookshire J F Brown Mrs JF Brown W F Brown A L Collins J D Cook Burtus Cornelius John Grocker T L Ervin R F Craven Mary Kyles WC Kyles Oscar Cc Litton WG Ostwalt, Admr D F Simpson Mrs JC Sloane C M Wagner V Wallace & Son E Grier Waugh J B Waugh F B Wineeorr T E Wineeorr BY ORDER OF THE CORPORATION COMMISSION oF THE Address Statesville Nc ' R #3 " " Troutman, NC " — % " Troutman N C-- " " Troutman N CG " 8 " " Barium Springs Nc Troutman N C i 1 1 1 2 1 1 1 Sherrilis Ford n ¢ 1 1 1 1 4 1 a 2 1 Salisbury Nc Statesville nc 22 Troutman N ¢ 2 = 1 : 3 This the 25th day of March, 1930, Assessment $ 500.00 600.00 1400.00 100.00 100.00 100.00 100.00 200.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 400.00 100,00 100.00 200.00 100.00 2200.00 200.00 100.00 500.00 STATE OF NORTH CAROLINA. R. O. Self Clerk L B Bristol, Plaintiff vs JUDGMENT BY DEFAULT FINAL Mack D Moore, } John L Milholland, Clerk of Superior Court of Iredellgounty, Defendant This cause coming on to be heard and being heard before His Honor, dmk on Monday the 3lst day of March, 1950, and it appearing to the Court that the defendant Mack D v ’ Moore was personally served with summons in the above entitled action on the 25th day of February, 1950, and that a copy of the Plaintiff's duly verified complain was duly served upon the defendant at the time of service of said summons and complaint upon the defendant and that he has failed to file answer or demmrrer; that the complaint alleges a cause of action for a stated account: Now, THEREFORE, upon motion of Malcom Cameron, Attorney for the vlain- > tiff, it is hereby orderp adjudged and decreed that the plaintiff recover of the ’ defendant, Mack D Moore, the sum of $350.00, with interest on said sum from the \ 17th day of October, 1928, and the costs of this action. This the 3lst day of March, 1930. John L Milholland ~ Glerk Superior Court t North Carolina, In the Superior Cour Iredell County. Before the Clerk Imperial Life Insurance Company, of North Carolina, : ) bs ) KUDGMENT OF NON-BDIT 4 JW Shaw. This cause coming on to be heard, and being heard, before His Honor Zohn L Milholland, and it appearing to the Court that all matters in controversy tiff have been adjusted, and that the action should be non-shited and the plain taxed with the costs; NOW, THEREFORE, it is considered, ordered and adjudged that the above @ction be, and the same is hereby dismissed and the plaintiff taxed with the costs, John L Milholland Approved: Clerk Superior Court, Grier, Grier & Joyner . ttorneys for plaintiff. SEAS TG TS IE EE EE TOK 2 TES North Carolina, 4 In the Superior Court Iredell County. 4} Before the Clerk, Ed L Long ' vs 6 JUDGMEN T L A Everhart 0 This cause coming on to be heard before me on Monday, March Gl, 1929, upon the verified complaint of the Plaintiff, and ib appearing to the Court that the summons therein was issued on the 27th day of December 1929, and verified complaint was duly filed in this office on January 14th 1930, And it further appearing that this is an action instituted for the recovery of a certain amount due on a note, executed by the defendant to the Plaintiff on April 27th, 1929 for the amount of $1,063.48 and interest from date until paid, And it further appearing that defendant has not filed an answer within the time allowed by law and that the Plaintiff igs entitled to judgment by default final for the principal sum of Said note and interest, John L Milholland Clerk Superior Court North Carolina, In the Superior Court Iredell County. Before the Clerk C D Barnes, Sr, vs Superior Court of Iredell County, and being heard, and it appearing to the Court that the Plaintiff and defendant have Compromised a between them, and that the defendant has agreed to pay the costs of this action: It is therefore ordered and ad judged by the Court that this cause be, and the same is hereby dismissed and non-suited, and that the costs of the ace tion be taxed against the defendant, This the 31st day of March, 1930, John L Milholland ’ Clerk Superior Court yorth Carolina, In the Superior Court 0 Iredell County. Before the Clerk, r t Barnes, Jr. by his nex ica, Cc D Barnes, Sr., ‘ ) vs 0 JUDGMENT § ae King. This cause coming on to be heard before the undersigned Clerk of Superior Court of Iredell County, and being heard, and it appearing to the Court that the plaintiff and defendant have settled and adjus ted all matters and things in dispute existing between them, and that the defendant has agreed to pay the costs of the action: It is therefore ordered and adjudged by the Court that this cause be, and the same is hereby dismissed and non-suited, and that the costs of the acs’ : tion be taxed against the defendant, This the 3lst day of March 1930, John L Milhol land, Clerk Superior Caurt, North Carolina, In the Superior Court Iredell County, Before the Clerk, H P Thomas and E E Lackey ' trading and doing business {§ as Thomas & Lackey ' vs JUDGMENT : Julius Gray § This cause coming on to be heard and it appearing that defendant was served with summons and copy of complaint on the 6 day of March 1930, and it further appearing that the defendant failed to answer or demur within thirty daysafter service thereof, that said complaint was a verified complaint, It is, therefore considered and adjudged by the Court that the plain- ib tirr recover of and from the defendant the possession of the real estate descr ed in the complaint, to-wit: Beginning at a stake on Woodruff Street; thence North 3 East 140 feet ke; to a Stake in Will Thomas's line; thence with his line South 87 East to a stake; . j eet 50 thence 3 West 140bdfeet to a stake in Woodruff Street; thence with said str feet to the beginning, containing 7000 sq feet more or less, It being lot No 19 in Poplar Branch Development in West Statesville, Ire him dell County, State of North Carolina, and that he also recover of and from be taxed the defendant as and for damages the sum of $ together with costs to by the Clerk, John L Milholland Th 50. is 7th day of April 19 Clerk Superior Court. Wt ei 314 North Carolina, In the Superior Court Iredell County, Unaka & City National Bank § vs (4 JUDGMENT G L Crowell, Mrs GL Crowell § and DO Blevins 0 This cause coming onto be heard before me on Monday, March 24th, 1930, upon the verified complaint of the Plaintiff, and it appearing to the Court that the summons and a copy of the complaint was served on D O Blevins on November 22nd 1929, and upon G IL Crowell and Mrs G L Crowell on November 27th, 1929; And it further appearing to the Court that this action is instity- ted for the recovery of the sum of $1400.00 with interest from October 13 1927, on a@ note executed by the defendants to the Plaintiff, Subject to the following credits: February 11, 1928-- $550.00; July 12 1928-- $550.00;February end 1929-- $350.00-, And it further appearing that the defendants have hot filed answer within the time allowed by law and that there is now due the plaintirr on said note, after making all credits the sum of $417.26 with interest from October llth 1929, and that the plaintiff is entitled to judgment by default final for said sum and interest, It is, therefore, or ‘ered and adjudged that the plaintiff recover of the defendants the sum of $417.26 with interest from October 11 1929, and all Costs of this action to be taxed by the Clerk, John L Milhollana Clerk Superior Court North Carolina, Iredell County, Statesville Hardwere Company $ vs 6 JUDGMEN ie Golf Development Company $ This cause coming on to be heard before me on Monday, April 7,19350; and it appearing to the Court that summons herein was served on the defendant on March 6th 1930, and that no answer has been filed within c time allowed by law; And it further appearing that the action is for balance of $474.11 with interest from October 27 1928, upon accpint, statement of which account has been rendered wy the Plaintiff to the defendant and accepted by the defend- ant as being correct; 315 It is now ordered and adjudged that the Plaintif@ recover of the defend- nt the sum of $474.11 with interest from October 27 1928, and all cost of this a action to be taxed by the Clerk, John L Milholland Clerk of the Superior Court, North Carolina, Iredell County. Statesville Hardware Company vs JUDGMENT 5 , C R Nicholson, John R Morrison $ and Sarah E Mills, 4 This cause coming on to be heard before me on Monday, April 7 1939 and it appearing to the Court that the summons herein was served on the defend- ants on liarch 5th 1930, and that no answer has been filed within the time al- lowed by law; And it further appearing that the action is upon a note of Sarah E Wills and Oscar R Mills, endorsed by C R Nichilson and John R Mowrison for $820.00 with interest from June 5th 1929; And it further appearing that Sarah E Mills and Oscar R Mills were adjudged bankrupts prior to the institution of this action and that no judgment can now be entered against them; It is now ordered and adjudged that the plaintiff Statesville Hard- ware Company recover of the defendants C R Nicholson and John R Morrison the sum of $820.00 with interest from June 5th 1929, and all cost of the action to be taxed by the Clerk, John L Milholland in Clerk Superior Court North Carolina, In the Superior Court Iredell County, L 0 Gibson and JG Lewis 4 vs ' JUDGMENT Joe L Harrison Hl This cause’ coming on to be heard, and being heard on the 2lst day dell of April 1930, before the undersigned Clerk of the Superior Court of Ire umm dad by the County, and the Court finds as facts, that the s ons was duly issue y tachmert Clerk of this Court on the 3rd day of February, 1930, the warrant of atta t having also been issued on said date against the property of said defendant, in the above entitled action, and that the defendant is justly indebted to the Plaintiffs in the sum of $2197.44 with interest on said amount from September 17, 1927 until paid, same being due on a note, being a certain Stated amount, and that notice of said summons and warrant in said cause of L O Gibson and Jq Lewis vs Joe L Harrison and isshing of same, stating the names of the parties, the amount of the claim and in a brief way the nature of the demand opr Clain, and requiring the defendant to appear at the office of the Clerk of the Super. ior Court of Iredell County on the 7th day of March 1930, and answer or demur to the complaint of the Plaintiffs, or the relief demandied would be granted has been served by publication as required by law, and that the defendant failed x and neglected to appear and answer or demur as required by law, and that the Sheriff of Iredell County under said warrant of attachment levied on the real estate decribed in saia levy on the 3rd day of February, 1950, Now therefore, it is ordered and adjudged by the Court that the plain- tiffs recover of the defendant the sum of $2177.44 together with interest there. on at the rate of six per cent per annum from the 17th day of September, 1927 une tilpaid, and saia judgment is hereby declared and made a specific lien on said real estate levied upon by the said Sherirr of Iredell County, this judgment is further declared a specific lien on said real estate from the ord day of Feb- ruary, 1950, the date of the levy, and it is further adjudged by the Court that the defendant pay the costs of this action, and that execution be issued to the Sheriff of Iredell County Comanding him that out of the real estate levied upon he satisfy the judgment aforesaid, This the 2lst day of April. 1930. John L Milholiand Clerk Superior Court. North Carolina, In the Superior Court Iredell County Statesville Hardware Company vs no answer has heen filed by the defendant; And it further appearing that the action is upon notes under seal and that the balance due thereon on Dec 10th 1928, is $ 272.003 ’\ o'Hanlon-Watson Drug Company, It is now, upon motion of EF ¥ Land, Atty for Plaintiff, ordered and adjudged that the Statesville Hardware Company recover of the defend-~ ant F H Wall the sum of Two Hundred and Seventy-two Dollars with interest at six percent per annum from the 10th day of December 1928, until paia and all costs of the action to be taxed by the Clerk, John L Milhobland Clerk Superior Court, North Carolina, In the Superior Court Iredell County. Before the Clerk \Incorporated, vs Hawks United Drug Company, This cause coming on to be heard, and being heard, before the undersigned Clerk of the Superior Court of Iredell County, North Carolina, and it appearing to the Court that on February the 10th 1930, plaintiff caused a summons to be issued against the defendant in this action, and at the same time filed in this office a verified complaint; and 4t appearing that on the 12th day of February 1930, said summons, together with a copy of said verified complaint was served on the defendant, Hawks United Drug Company; and it further appearing that this is an action to recover the sum of $355.56, with interest from the 24th day of June, 1929, at the rate of 8ix per cent per annum until paid; and it further appearing that more than thirty days have elapsed and expired since the service of summons and copy of the complaint on the defendant, and that defendant has failed to appear and answer, or demur to said complaint within the time allowed by law, and Still fails and nevlects to answer or demur to said complaint; IT IS, THEREFORE, considered, adjudged and decreed that the Plaintif£ > recover of the defendant the sum of Three Hundred Fifty-five Dollars and fifty-six cents, ($355.56), with interest thereon from June the 24th 1929, at the rate of six per cent per annum, It is further considered and adjudged that the plaintiff recover of the defendant the costs of this action, to be taxed by the Clerk of the Court, John L Milholland Clerk of the Superior Court North Carolina, In the Superior Court Iredell County. C L Williams, Receiver of the t Commercial National Bank of 6 , Statesville, N.C. ' N vs § JUDGMENT C. R. Sloan 6 This cause coming on to be heard before me on Monday, April 28th 1930, upon the verified Complaint of the plaintiff ana it appearing to bhe Court that the summons herein and copy of said complaint was duly served upon the defendant on the 24th day of March, 1930; And it further appearing that this action is instituted for the re- covery upon a note of the defendant, executed by the defendant to the Commer- cial National Bank of Statesville, North Carolina, said note being for $3400¢ with interest from February 24th 1928, subject to an offset of $620.51 ana a further offset of $480.80 as of April 18, 1928, and a payment by check of $207.70 on December 16, 1929, leaving a balance of $2553.75 with interest from December 16th 1929, due the Plaintiff by the defendant; And it further appearing that th in the time allowed by law and that the Plaintiff is entitled to judgment by de- fault final for the aforesaid sum; It is, therefore, ordered and adjudged that the Plaintiff recover of the defendant the sum of $2353.75 with interest from December 16th 1929, and @ll1 coats of the action to be taxed by the Clerk, John L Milholland Clerk of Superior Court. North Carolina, 4 In the Superior Court Iredell County, i Before the Clerk \ First National Bank of Statesville, North Carolina 2 JUDGMENT W F Foote, AB Pogue and K D Cox, 4 ' vs $ ' as to Foote and Pogue This cause coming on to be heard and being heard, before the under- Signed Clerk of the Superior Court of Iredell County, North Carolina, on this Monday April the 2ath 1930, and it appearing to the Court that on March the 20 ons to be issued out of this court against the above named defendants in this action, and at the same time filed in this of- fice a dulv verified complaint; and it further appearing that on March the 20 e defendant has not filed answer with-: 1930, W F Foote accepted service of said summons and Complaint and waived servie py an officer; and it further appearing that on March 25th said summons together _ a copy of said complaint was duly served on the defendant, A B Pogue, and & it further appearing that this is an action against each of the defendants as endorser of a certain promissory note under seal of the Electric Supply Company, Incorporated, in the sum of $8,000, dated May 11th 1929, due three months after date; and it further appearing the the Electric Supply Company has made certain , payments on said note, leaving a balance due thereon of $7,724.29, as of Decembe 18th 1929; and it further appearing that each of the Gefendants duly endorsed said note before delivery to plaintiff and that more than thirty days have elap- ea since the service of said summons and complaint on the defendants, W F Foote and A B Pogue, and that neither of the defendants have appeared and answered or dempred or otherwise plead to said complaint within the time allowed by law; and it further appearing that the original summons was not served on K D Cox within time, and that an alias summons was issued as to him on April the 17 1930, anda said alxias summons and copy of the complaint was duly served on the said K D Cox on April 18th 19350, but that the time for pleading has not expired; IT IS WHEREFORE, considered, adjudged and decreed that the plaintiff re- cover of the defendants, WF Foote and A B Pogue, jointly and severally the sum of $7,724.29, with interest thereon from the 18th day of December, 1929 at the rate of six per cent per ennum, together with the costs of this action to be tax ed by the Clerk of this Court. It is further considered and adjudged that as to the defendant, K D Cox, the case is retained until the time for pleading expires unless the said defendant, within said time, shall answer or demur, or otherwise Plead to said complaint, John L Milho]lland Clerk Superior Court of Iredell County 319 NORTH CAROLINA, IN THE SUPERIOR COURT IREDELL COUNTY. BEFORE THE CLERK First National Bnak of Statesville, North Carolina, Plaintiff, JUDGMEN? JC Brookshire, J H Troutman, and J O Gaither, Defendants. 6 6 vs $ $ § as to J H Troutman and JO Gaither This cause coming on to be heard and being heard before the undere Signed Clerk of the Superior Court of Iredell County, North Carolina, on thig Monday, May the 5th 1930, and it appearing to the Court that on the 20th day of March, 1930 plaintiff caused a@ summons to be issued out of this Court against the defendants in this action, and at the same time filed in this office & duly verified complaint; amd it further appearing that on the 27th day of March, 1930 said summons, together with a Copy of said complaint was duly served on each of the defendants; and it further appeering that this is an action against the de- fendants as endorsers of a certain promissory note under seal of the Mills Elec- tric Compnay, Incorporated, in the sum of $8,700., with interest from March the 8th 1930, and that said note for said sum was duly endorsed by each of the defendants before delivery to the Plaintiff, and that more than thirty davs have €lapsed since the service of said summons and copy of the complaint on each of the defendents; and it further appearing that the defendants, J H Troutman and J O Gaither have failed to appear and answer or demur or otherwise plead to said complaint within the time allowed by law; and it further appearing that J C Brook- at is, THEREFORE, upon motion of Messrs Grier, Grier & Joyner, attor- neys fot he Plaintiff, considered, adjudged and decreed that the Plaintiff re- cover of the defendants, H H Troutman and J 0 Gaither, ’ action to be taxed by the Clerk of the Court. It is further considered, adjudg- ed and decreed that the defendant, Jc Brookshire, having filed answer within the time allowed by law, the action as to him is continued, agreeably to the pro- cvisions of law in such cases made and provided, Monday May 5th 1930, John L Milholland, Clerk Superior Court. tose tees tose Set oe North Carolina, Iredell County. C H Gant vs IC McLelland and dT L McLelland This cause coming on to be heard, and being heard before the undersigned } 0 JUDGMENT i f Clerk of Superior Court of Iredell County, North Carolina, on this Monday May 13 1930; and it appearing to the Court that on the 10th day of April, 1930 the Plah tiff caused summons to be issued against the defendants inrthis action, and at the same time filed in this office a verified complaint; and it further appearig thet on April 11 1950, said summons was duly served upon each of the defendants and a copy of the complaint Guly delivered to each of them; and, it further ape deine that this action was instituted to recover payment of Five (5) certain promissory notes executed and delivered to the plaintiff by J C MecLelland and en dorsed by the defendant J L McLellend, said notes being dated September 23 1929 for the sum of One Thousand ($1,000.00) Dollars each, one of sahd notes being de and payable three (3) months after Gate, end the other four (4) notes being due and payable six (60 months after date; and it appearing that no payment has been made on either of said notes, and that the total amount due the plaintiff, and unpaid, on the principal of said five (5) notes is $5,000.00, together with in- terest thereon from the 23rd day of Bept 1929; and it appearing further that no answer was filed by said defendants or either of them within the time allowed by law, and that the Plaintiff is entitled to a judgment for said amount of $5,000. On said notes together with interest bBhereon from September 25, 1929 until paid: If Is, THEREFORE, ordered, adjudged and decreed that the Plaintiff re- cover of the defendants the sum of Five Thousand ($5,000.00) Dollars, together with interest on said sum of $5,000.00 from September 25, 1929 until paid, and for the costs of this action, a oe oe Annee John L Milholland, Clerk Superior Court North Carolina, In the Superior Court Iredel) County. Before the Clerk Faultless Caster Company, a Corporation age = ' JUDGRENT BY DEFAULT AND INQUIRY t 6 perth State Furniture Manu- acturing Company, a Corporation This cause coming on to be heard before the undersigned Clerk of the leadings Superior Court of Iredell County, and being heard upon the records and p ng NORTH CAROLINA, IN THE SUPKRIOR COURT IREDELL COUNTY, BEFORE THE CLERK First National Bnak of Statesville, North Carolina, Plaintiff, vs JUDGMEN J C Brookshire, J H Troutman, and as to JH Troutman and J _O Gaither J O Gaither, Defendants. Pirin This cause coming on to be heard and being heard before the under. Signed Clerk of the Superior Court of Iredell County, North Carolina, on thig Monday, May the 5th 1930, and it appearing to the Court that on the 20th day of March, 1930 Plaintiff caused a summons to be issued out of this Court against the defendants in this action, and at the same time filed in this office a duly verified complaint; amd it further appearing that on the 27th day of March, 1930 said summons, together with a copy of said compleint was duly served on each of the defendants; and it further appearing that this is an action against the de- fendants as endorsers of g certain promissory note under seal of the Mills Elec- tric Compnay, Incorporated, in the sum of $8,700., with interest from March the 8th 1930, and that said note for said sum was duly endorsed by each of the defendants before delivery to the Plaintiff, and that more than thirty davs have @lapsed since the service of said summons and copy of the complaint on each of the defendants; and it further appearing that the defendants, J H Troutman and aither have failed to appear and answer or demur or otherwise plead to said complaint within the time allowed by law; and it further appearing that J C Brook- shire IT Is, THEREFORE, upon motion of Messrs Grier, Grier % Joyner, attor- neys fot he Plaintiff, Considered, adjudged and decreed that the Plaintiff re- cover of the defendants, H H Troutman and J O Gaither, Jointly and severally, the sum of $8,700.00 with interest thereén from the 8th day of March, 1930 at the rate of six per cent per annum untia paid, together with the costs of this action to be taxed by the Clerk of the Court. It is further considered, adjudg- ed and decreed that the defendant, Jc Brookshire, having filed answer within the time allowed by law, the action as to him is continued, agreeably to the pro- cvisions of law in such cases made and Provided, Monday May 5th 1930, John L Milholland, Clerk Superior Court. teste teses: Bete sets ge North Carolina, Iredell County. CH Gant ys JUDGMENT J C McLelland and J L McLelland This cause coming on to be heard, and being heard before the undersigned Clerk of Superior Court of Iredell County, North Carolina, on this Monday May 13 1950; and it appearing to the Court that on the 10th day of April, 1930 the pPlah tiff caused summons to be issued against the defendants inrthis action, and at the same time filed in this office a verified complaint; and it further appearig that on April 11 1930, said summons was duly served upon each of the defendants and a copy of the complaint Guly delivered to each of them; and, it further ape Vv pearing that this action was instituted to recover payment of Five (5) certain promissory notes executed and delivered to the Plaintiff by 7c McLelland and en dorsed by the defendant J 1 McLelland, said notes being dated September 23 1929 for the sum of One Thousand ($1,000.00) Dollars each, one of satd notes being de and payable three (3) months after Gate, end the other four (4) notes being due and payable six (60 months after date; and it appearing that no payment has been made on either of said notes, and that the total amount due the plaintiff, and unpaid, on the principal of said five (5) notes 1s $5,000.00, together with in- terest thereon from the 2srd day of Bept 1929; end it appearing further that no answer was filed by said defendants or either of them within the time allowed by law, and that the Plaintiff is entitled to a judgment for said amount of $5,000, On said notes together with interest bhereon from September 25, 1929 until paid: If Is, THEREFORE, ordered, adjudged and decreed that the Plaintiff re- Cover of the defendants the sum of Five Thousand ($5,000.00) Dollars, together with interest on said sum of $5,000.00 from September 25, 1929 until paid, and for the costs of this action, This May 12, 1930, ee John L Milholland, Clerk Superior Court North Carolina, In the Superior Court Tredel} County, Before the Clerk Paultless Caster Com pan Corporation i ia t JUDGHENT BY DEFAULT AND INQUIRY i 0 porth State Furniture Manu- acturing Company, a Corporation This cause coming on to be heard before the undersigned Clerk of the Superior Court of Iredell County, and being heard upon the records and pleadings in this cause and it appearing to the Court that on the 20th day of March, 1989 Plaintiff caused summons to be issued in this action against the defendant, and at the same time filed in this office a verified complaint, and that Said summons together with a copy of said complaint was duly served on the defendant on March the 20th 1930; and it further appearing to the Court that this is an action to ne. cover of the defendant the sum of $150.00 due by note, ninety days after date, annum, Oth 1929, due sixty days after date, per annun, and ; : $297.63, with ine terest thereon from December the 18th 1928 until Paid; and it further appearing that more than thirty days have elapsed since the service of summons and a copy of the compleint on the defendant and that the defendant has fathead to answer, demur or otherwise plead to said complaint, and that the time for defendant to file pleadings has expired; and it further appearing to the Court that the Plaintiff is entitled to a judgment absolute for the amount due upon the two notes set forth in the complaint, and judgment by default and inquiry on the open account; LT IS, THEREFORE, copies of which set out in the complaint, with interest on $150.00 of Said amount from Auguat 1929 until Paid, and interest on $100.00 from September 26th 1929, until paid, that plaintirr have, and is hereby given, judgment absolute for the’two above mentioned sums; it is further considered and adjudged that the Plaintiff is entitl- ed to recover of the defendant the balance due by it for goods sold and delivered and to that end, it is ordered by the court that an in next term of this court, This May 12, 1930, John L Milholland, Clerk Superior Court. North Carolina, | In the Superior court Iredell County. § Before the Clerk, Marietta Paint & Color Comrany a Corporation, vs JUDGMENT BE DEFAULT AND INJUIRY North State Furniture Manufacturing Company, &@ Corporation, This cause coming on to be heard before the undersigned Clerk of the Superior Court of Iredell County, and being heard upon the records and pleadings and it appearing therefrom that the plaintirr caused @ summons to be issued in this action on the 11th day of March, 1930, and at the same time fid ed in this office a duly verified complaigt; and it further appearing that safi summons, together with a copy of said complaint was duly served on the defenda ant on March the 1lth 1950; and it further appearing that this is an action brought to recover the sum of $388.78 for goods sold and delivered to the plat tiff, together with interest thereon from the 3lst day of August, 1928; and it further appearing that the defendant has failed to answer or demur, or other- wise plead to said complaint; and it further appearing that more than thirty days have elapsed since the service of said summons and copy of said complaint on the defendant, and that the time for answering, demurring, or otherwise pleading has expired; a7 5S, THEREFORE, upon the motion of Grier, Grier & Joyner, con= sidered, adjudged and decreed that the plaintiff recover of the defendant, Naz North State Furniture Manufacturing Company, the amount due by it to the plain tiff for goods sold and delivered and to that end, it is ordered by the Court-~ that inquiry be had by a jury at the next term of this court, or as soon there after as this action can be reached for trial, to ascertain the amount due pk Plaintirr by defendant, and this cause is transferred to the trial docket of the Superior Court of Iredell County, North Carolina, for further proceedings, This 12th day of May, 19350. John L Milholland, Clerk Superior Court, MPEG et ee eet Deve TE ese Seat Ese North Carolina, In the Superior Court Iredell County C L Williams, Receiver of the ( Commercial National Bank of t Stateville, NC 4 § ) § - vs JUDGMEN? J A Hartness, J G Lewis and H E Lewis, This cause coming on to be heard before me on Monday, May 12th, 1930 upon the verified complaint of the plainriff and it appearing to the Court that the Summons herein and copy of said complaint was duly served upon the defendants on April 7th, 1930; And it further appesring that this action is instituted for the ree cover:upon a note executed by Mrs Mittie R Gpegory, Executrix of WH H Gregory deceased, to the Commercial National Bank of Statesville, NC ana endorsed by J A Hartness, J G Lewis and H E Lewis, for the sum of $283.50 @ith interest from December 17th 1927, subject to a credit of $82.50 paid on December 17th 1929, by the Estate of WHH Gregory; therefore, ordered and adjudged that the Plaintiff recover of the defendants the sum of $236.62 with interest from December 17th 1929, and all cost of the action to be taxed by the Clerk, John L Milholland, Clerk Superior Court @State of North Carolina, In the Superior Court County of Iredell J L Ballara Town of Mooresville and Mooresville Cotton Mills ) = ; JUDGMENT ) ' This cause coming on to be heard before the undersigned Clerk of the Superior Court of Iredell County, and it appearing to the Court upon motion of Adams @ Collier and Buren Jurney, Attorneys for the Plaintiff, thaé the plain- and the court finding as a fact that for any affirmative relief judgment, is allowed as follows: as &8 THEREFORE ORDERED, ADJUDGED AND DECREED by the court that ? > adjudged and decreed that the Plaintirr be, an Said action is dismissed accordingly, 325 Pt I IT 18 FURTHER ORDERED that the cost of this action be taxed against the plaintiff tn this cause, This May 16, 1930, John L Milholland Clerk Superior Court BY CONSENT: Adams & Collier & Buren Jurney _ ~~ Attorneys for plaintif?, Attorneys for defendants North Barolina In the Superior Court Iredell County. Before the Clerk N C Sherrill vs b JUDGMENT Maryland Casualty Company § This cause coming on to be heard, and being heard, and it appear= ing to the Court that all parties to this action have arrived at a compromise and settlement of the matters in controversy therein by the defendant paying to the plaintirr the sum of Eight Hundred Dollars ($800.00), and that the same has been paid, and that the defendant is due the plaintiff nothing; IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED thet the Plaine tiff recover nothing of the defendant, and that the defendant go hereof with- out day and that the Plaintiff pay the costs of this action, John L Milholland By Consent: Clerk Superior Court John T Gillespie & Buren Jurney Attorney for Plaintiff Grier Grier % Joyner Attorney for Defendant Wb eSe eSe TTS WET Tee tese st North Carolina, 4 In the Superior Court Iredell County. 9 Pefore the Clerk, Grier-Lowrance Construction Company, Incorporated, vs JUDGMENT DC Ritchie ana wife, Carrie E Ritchie and Ritca Hosiery Mills. Incorporated, This cause coming on to be heard and being heard before the undersigned Clerk of the Superior Court, upon the entite record in the case, and it &ppearing to the Court that on the 14th day of Aprhl, 1930, plaintiff 326 caused a summons to be issued in this action against the defendants, and at the same time filed in this office a duly verified complaint, and that service of said summons, together with a copy of said complaint was duly accepted by each of the defendants on the 14th day of April, 1950; and it further appearing that this is an action to recover of the defendants D C Ritchie and Ritca Hos- iery Mills, Incorporated, “he sum of $7,144.10, being the amount which the de- fendant, DC Ritchie, expressly agreed to pay plaintiff for the repairing, re- moddelling and reconstruction of the factory amd out buildings on the real estate hereinafter described, and which the Ritca Hosiery Mills, Incorporated assumed and agreed to pay as a part of the consideration of said property sold to it by the defendants, D C Ritchie and wife Carrie E Ritchie, and for the purpose of declaring said judgment a mechanic's lien upon the real estate here- inafter described; and it further appearing to the Court that the defendants, D C Ritehie and Ritca Hosiery Mills, Incorporated, are indebted to the plaine tf#f in the sum of $7,144.10, with interest thereon from the 17th day of Octob- er 1929, for work and labor done and materials furnished by plaintiff to defend- ant under a contract between it and the said D C Ritchie, by which the plaintiff contracted to repair, remodel and improve the buildings for said defendant on the lands hereinafter described, and that Ritca Hosiery Mills, Incorporated, thereafter purchased said property from the said D C Ritchie and wife, CarrieE Ritchie, and as a part of the consideration, agreed to assume and pay to the plaintiff the said sum of $7,144.10; and it further appearing thet plaintiff, on the 17th dag of October 1929, duly filed notice and Claim of Lien in the of- fice of the Clerk of the Superior Court of Iredell County, which was duly enter- ed in the lien docket No. 2 of said Court on page 181, and that a copy of said notice and claim of lien was attached to and mace a part of plaintiff's complaint in this action; and it further appearing that the labor and materials for the price of which this action is brought were performed and furnished in repairing, remodelling and improving the building on said land, and that said lien specif- ically describes tre land upon which said building is located; and it further appearing that the performance and furnishing of said labor and materials was begun on the 3rd day of March, 1929, and finished on the 18th day of April 1929, and that this action was begun on the 14th day of April 1930; and it further ap- pesring that more than thirty days have elapsed since the defendant accepted service of said summons and copy of the complaint, and that the defendants have failed to answer or demur, or otherwise plead, and that the time for filing pleadings by the defendants has expired; IT IS, THEREFORE, considered, adjudged and decreed by the Court & that the plaintiff recover of the defendants, D C Ritchie and Ritca Hosiery Mills, Incorporated, the sum of $7,144.10, with interest th ‘the 17th 327 day of October 1929, until paid, and $__ » costs of this action expended, and $ .50, costs of filing said lien; and that this judgment is a mechanic's lien upon the real estate described in said notice and claim of lien, and be- ing described as follows: Beginning at a stone on the bast side of Hill Street, in the City of gstatesville at its intersection with the North sidé of Conner Street, and tuns thence N 64 W 177 feet to an iron pin, Grier-Lowrance's Southeast corner in Conner Streets; thence with their line N 17 E 261-% feet to an iron pin, their comer 4n the center of the railroad track; thence with the enter of the rail- road track S 65 E 188 feet to a stake on the Kast side of Hill Street, at its intersection with the center of said railroad track; thence with the Kast side of Hill Street S 20 W 262 feet to a stake, the beginning corner at the inter- section of the Kast side of Hill Street with the North side of Conner Street, and containing one acre, more or less, and is subject to the easement of the Southern Railway Company right of way and to a 30 foot street off the Kast end thereof, known as Hill Street. It is further considered and adjudged that said lien attached to said ved estate and improvenents thereon, on the Srd day of Narch, 1929, this be- ing the day on which plaintiff began to perform labor and to furnish materials and that said lien constitutes a first «nd superior lien to all other liens and encumbrances against said property except taxes, if any, and liens attach- ing to said above described real estate prior to the said Srd day of Narch, 1929, and that pluintiff is entitled to have said real estate sold under execu tion, to be issued by the Superior Court of Iredell County, pursuant to Stat- ute, for satisfaction of this Judgment. This Monday, the 19th day of Nay, 1950. John L Milholland, Clerk Superior Court. North Carolina, In the Superior Court Iredell County. Before the Clerk. Fred H Deaton, Receiver of Kincaid Veneer Company. JUDGMENT OF NON-SUIT } ‘ vs 4 0 Newton Furniture Company. This cause coming on to be heard before the undersigned Clerk of the Superior Court, and it appearing to the Court that at the time of institut ing the above entitled suit and before the papers were served, the defendant was placed in receivership by an order of the Superior Court of Catawbe Bounty It is, therefore, upon motion of the plaintiff's astorneys, ordered that the plaintiff be and he is hereby non-suited in this action and taxed with the costs, This May 19th 1930. John L Milhollend Clerk Superior Court 328 North Carolina, In the Superior Court Iredell County. Before the Clerk, Phillip Jones Corporation vs JUDGMENT OF NON-SUTT Kelly Clothing Company, &ned Clerk of the Superior Court, and it appearing to the Court that the defendant herein named has been adjudicated a bankrupt ‘in the United States District Court for the Western District of North Carolina; it 16; therefore, ordered, upon motion of plaintiffts attorneys, that the plaintirr be, end itis hereby non-suited and taxed with the costs of this action, This May 19th 1930. John L Milholland, Clerk Superior Court, North Carolina, 4 In the Superior Court Tbedell County, 9 Before the Clerk, Wallace Brothers Company vs C L Hepler \ | This cause coming on to be heard before the undersigned Clerk of the Superior Court, end it appearing to the Court that summons was issued from this Court on the 28th day of march, 1930, and at the time of issuing summons, the verified complaint of the Plaimtiff was filea in this office and, it furth- ereappears to the Court from the return made by the Sheriff of Davidson County, that copy of said Summons, together with copy of the Plaintiff's verified comp- leint, was served upon the defendant by leaving & copy of each with him on the Slst day of March 19350, end it further appears to the Court that more than thir- ty days have elapsed Since the service of said summons and complaint on the de- fendant and that thevdefendant has failed to answer or demur to the plaintiff's cause of action, raising any issue of fact; a© de; therefore, considered, ordered and adjudged that the plain- tiff recover of the defendant the sum of $22.40 for goods sold and delivered to the defendant, 88 alleged in the complaint of the Plaintiff, together with inte erest on $22.40from the eend day of Feb, 1930, until paid, and fortthe costs of ths action, This May 19th 1930, John L Milholland, Clerk Superior Court forth Carolina, In the Supertor Court fredell County. } Before the Clerk, Cooper Motor Co. 4 _? Plaintiff 9 ve § FINAL JUDGMENT pC Warren. Defendant 4 This cause coming on to be heard before thse undersigned Clerk of the Superior Court of Iredell County, North Carolina, on this Monday May 19, 1930, up= on motion made by Attorney J B Glover Jr. for plaintiff, for judgment by default final, and it appearing to the Court that summons was issuedherein on the 14th day of February 1950, and that said summons together with a copy of the complaint was served on the defendant on the 22nd dav of February 1930, that on the 13th day of Febraary 1950, the plaintiff filed a duly verified complaint with the Clerk of the Superior Court of Iredell County demanding a sum certain in money due on a written instrument, to-wit: A certain promissory note; it further appearing to the Court that the time allowed for the defendant to answer has elapsed since the service of the summons and the compl@int uvon the defendant; that ho answer, demurrer or othe pleading or motion has been filed ek eas legal time, by the defendant, and that no extension of time within which to plead or to move has been requested or granted to the defendant; and itfurther appearing that the pleintiff exh‘ bited to the Court the aforesa ote, anc that the apnears to bedue on said obli- gation the sum of ($22 : wo Hundredand twentv-two do'lars and thirty cents together with interest at the rate ot 6% per annum from April 24 1929; Thereupon, It is adjudged, decreed and rdered, that the plaintiff re- Cover oftie defendant the Sum of Two Hundred and twenty-twodollars and thirty cents with interest on the same, at the rate of 6% ver cent per annum, from April 24 1929 until vaid; together with thecost of this action to be taxed by the Clerk of the Court. This Monday May 19 1930, John L Milholland Clerk of the Superior Court for Iredell County, North Carolina. IN THE SUPERIOR COUR? MAY TERM 1930, Monday May 19, 1930, t Iredell County. 4 North Carolina, In the Superior Court MAY TERM 1930, Be it remembered that a Superior Court begun and held in and ; : p ’ 4 for the State and County aforesaid,-on the llth Monday after the lst Monday in March 1930, the same being the 19th day of M ay, 1930, when and where His " Judge Presiding and Holding Courts for the fifteenth ieial District Spring Term, 1950, Honor, Thos J Shaw, Jud | is present ana presiding, and the Hon, Zeb V Long, Solicitor and Prosecuting Attorney is present and prosecuting in i the name of the State, J. L. Shertill, High Sheriff, of Trede1i County is present and ree id turned into open Court the names of the following good and lawful men to serve as jurors for the first week of this term of the Superior Court to-wit The following were drawn and Sworn as G rand»Jurors for the term: C M Madison, DE Grider, W H Pool, Hames Hacer, J F Bass, Glenn Holland, Barnett Wooten, Tobe Galliher, J F Morrison, B McLelland, G u Overcash, F W Whitlow, P V Brawley, AG Blankenship, Cc w Suther, R FP Murdock, R C Cala well, and E J Tromtman, E J Troutman, was appointed and sworn as foreman of the Grand-fJury, ® H F Heath gee » Was appotinted and sworn as officer of the Grand-Jury,. i C F Claywell, Parks Shoemaker, 8 J Ford and FH Brotherton were re- turned, "Not to be found in Iredell County." W B Smith was excused by the Court, the following were drawn and sworn as petty jurors for the week: LR Lavinka, J L Wilcox, RH Rimmer, S EF Holton, 00 Harwell, S D Grose, Roy Lowrance, H L Bost, DM Brown, T B Wallace, O L Lippard, J P Cornelius, and JG Gray. i \ Bos+3 TO APPEAR AND SHOW GOOD KEHAVIOR, Defendant appesred and showed good behavior. Continued under former order, vs ER Lo . No. 2 \State \ vs Levi Phillips TRANSPORT AND POSSESS LIQUOR, Nol Prosed with leave CARNIAL INTERCOURSE WITH FEMALE State Nol Prosed with leave, See Lloyd ¢ Bowman \ \ No, 4 State Vs Red Cline TO APPEAR AND SHOW GOOD BEHAVIOR, Continued under former order, 4 ' § 0 0 ' 0 ( No, 3 t 0 { § 0 ' § \ a State Bo. 5 vs James Williams No. 6 ’ State a vs a ‘\ ‘; m \ Vernon Rash No. 7 \ State \ vs Herbert G Morrison No. 10 State \ vs “E B Cox No. 11 State vs Wagner Ferguson NO. 12 State ~ ovs Monk Gaines Alec Albea No. 14, 15% 16 State vs Lowrance Long No. 18 State “ vs Will Hall No, 19 State vs Sam Rocers No. 26 State vs Willie Williams No. 27 State vs Will Wilson No. 27<A State vs Will Wilson 29- State 4 vs J E Hartsell No 30- ) 4 ) ' 4 4 ' § ' ) ) ' ' § Y § 5 ) 9 ) ) ) 0 0 } PSS SS SS Se $e wee oe tee oe ae coo «SS SS ee ee oOo mS aww State vs Henry Gibbs,-- A True Bill IN THE SUPERIOR COURT. MAY TERM 1930 a Monday May 19, 1930. 4 STOREBREAKING AND LARCENY Alias Capias TO APPEAR AND SHOW GOOD BEHAVIOR, Defendant appeared and showed good behavior, Continue under former order, a TO APPEAR AND SHOW GOOD BEHAVIOR, Continued under former order, ASSAULT ON FEMALE Alias Capias TRANSPORT AND POSSESS LIQUOR, Nol Prosed with leave, TO APPEAR AND SHOW GOOD BEHAVIOR, Alias Capias as to Alec Albea TRANSPORT AND POSSESS LIQUOR, Alias Capias and Continued ETC .+* FALSE PRETENSE Nol Prosed with leave, LARCENY Continued for bill STOREBRHAKI NG AND LARCENY The defendant comes into open Court and pleads not guilty. Jury 41-arter being sworn and empannelled re- turns a verdict of guilty as charged in the bill of indictment, It 1s ordered ana adjudged by the Court that the de- fendant be imprisnoed in the common jail of Iredell County for a period of SIGHT MONTHS, and assigned to work on public roads of said county for said perio@. Not to wear Stripes, LARCENY Defendant comes into open Court and pleads not guilty. The Court directs a verdict of not guilty. FORGERY Thedefendant Pleads hot guilty of forgery. Defendant through his counsel waves finding of bill and pleads guilty to passing a worthless check in No. 31 & 3S1l-A State vs Ransom Sims No. 34 \ \ \ State vs Spencer Cook No. 56 State vs Howard Beckham No. 37 State vs OM Moose ; No. 38 \ \ \ \ State vs Charles Harston 59< State vs Floyd Holbrooks No. 40 State vs Bill Grant alias Bill Jones No. 41 State vs E L Henderson No. 42 State vg Mood Nesbit No, 45 State vs Ira Adams ona sa =] <> SOO! So eo oe oc orc om Sr ox <> <> { ' $ ( 9 NP EE Oe > <> vee oS oo SL et ee ) IN THE SUPERIOR CouR?T MAY TERM 1930 Monday May 19, 1930, m of THREK YEARS at hard FORNICATION AND ADULTERY Continued by consent. STOREBRKAKING AND LARCENY Teh defendant comes into open Court and pleads not guily After hearing Statess evidence the Court directs a verdict of not guilty. GIVING WORTHLESS CHECK Continued by consent POSSESS LIQUOR. The defendant clalled and failed,. Judgment Nisi Instant em Sci Fa and Instanter Capias LARCENY Continued by consent FORGERY . The defendant comes into open Court and pleads not guilty to forgery. But through his counsel waves finding of bill and pleads guilty to passing a worthless check in violation of law, ASSAULT “ITH D&ADLY WEAPON, The defendant called and failed, anter Sci Fa and Instanter Capias, Judgment nisi Bek Inst- FORGERY The defendant comes into open Court and pleads forgery as charged in the bill of indictment, r Tone of the Court is that the defendant be imprisoned EIGHT in the common jail of Iredell County for aperiéd od MONTHS AND assigned to work on public roads of said county for said period. To wear stripes, guilty.of - FORGERY ee defendant comes into open Court and through his coun- S guilty s6f sel waves findi of bill, and enters a plea o Built: i an attempt to adie a felony, to-wit, forgery, in’ mannép: an form as’ charged in the warrant, which plea the Solicitor ac- cepts This Honomable Court takes a recess until Tuesday Morning May 20th, 1930, at 9:30 a. M. By ee dze Presidjfhg and Holding’courte ee the 18th Judicial Distrhet IN THE SUPERIOR COURT MAY TERM 1930 Tuesday May 20, 1930, May 20th 19350) at @:30 A. M. for the dispatch of business, No. 9 ) STOREBREAKING AND LARCENY \ State § The defendant comes into open Court and through hig \ vs { counsel H P Grier Sr pleads guilty to Storebreaking and J P Mayhew ( larceny as charged in the Bitt: of, Indictm ént No. 25 State vs Jim Lazenby-- A True Bill, 25-A State vs Jim Lazenby-- A True Bill \28- State vs Willie Mulkey-- A True Bill No 32 § GIVING WORTHLESS CHECK . State 0 Defendant called and failed. Judgment Nisi Instantep Svs § Sch Fa and instanter Capias Robert Wall 6 “No 33= State vs Lee Moose & Bessie Griffin-- A True Bill, No. 35-A § EMBEZZLEMENT State 6 State"’s witness a J Richardson, called and failed, vs § Judement court that Instanter Capias Ad Testificandum EM Davis § be issued for said defendant, No. 55-B,CZ & D,= State vs EM Davis. True Bills found, No. 46= State vs Theodore Lambert et al- A True Bill, No. 17 State vs § ARSON 7 ) “Russell Noltsclaw 6 ' i ] The defendant comes into open ¢ counsel JG Lewis & PF ’ Redd pleads not guilty. The following jury was sworn and ompanneled, LR Lav- inka, J F Cornelius, J I Wilcox, RH Rimmer, S E Holton O O Harwell, s p Grose, Roy Lowrance, D Mw Brown, T B Wal- lace, OL Lippard and J G Gray. Pending trial of this case th ourt and through his © court takes a recess, This Honorable Court takes a recess until Wednesday Morning May 21st, 1930 at 9:00 O'clock Ae My all ed Judge Presiding ee eee eee ‘ IN THE SUPERIOR COURT MAY TERM 1930 Wednesday May 21, 1930, This Honorable Court convenes according to adjournment Wednesday ‘Morning May 21, 1930 at 9:00 O'clock AM for the dispatch of business, | | No. 17 } ARSON state } The jury returned a verdict of guilty of Arson as vs ) charged in the Bill of Indictment, Russell Holtsclaw 4 No. 47- A True Bill, North Carolina, In the Superior Court Iredell County. May Term 1930, \ Judge Thomas J. Shaw, Presiding: We, the Grand Jury for the May Term of Iredell County Superior Court, beg leave to make the following report: We have passed all b£1ls referred to us and have made returns to the Presiding Judge, We have visited and inspected all the offiger in the Court House and find them in satisfactory condition, except that they are somewhat crowded,. There is imperative need for a ladies! toilet and rest room in the Court House, as the present room does not provide # place for the coléred women, We have inspected the Jail and find same in fairly szood condition, Thereare four vacant rooms in the upstairs part of the Jail which are not equip ped for occupancy and we would recommend that at least one of these rooms be prepared for reception of prisoners who do not need to be confined in the regu-= lar cells, We found in the jail at this time ten white male prisoners, ten cole ored male prisoners, four colored female prisoners, one white female prisoner, and nine white male Federal prisoners, This takes up approximately the entire Capacity of the jail. We also visited the County Home and found twelve white mén, fourteeh 1en inmat The Home i white Womén, seven colored women, #nd nine colored men inmates. The Home is in Sanitary condition and the beds are satisfactory. Inmates make no complaint as to their attention. We discussed with the County Physician and the Superintend- ent the matter of one male inmate who is sick and suggested a little more care=~ ful attention to his case, which we feel sure will be attended to, We find in cultivation on the County Farm thirty acres in corn, forty= nine acres {7 breil grain, twenty-two in clover, three in truck, and twelve in “oy beans. The balance of the farm 4- in pasture and wood land, We found four head of mules, ten milk cows, three brood sows, twenty-three pork hogs, fourtee Pigs, six heifers, and two thoroughbred bulls. There were one hundred pure Rho@ Island hens and about four hundred small chickens of various ages. The animals B on the Farm all seemed to be in good condition and the pork hogs will be rathep large size for pork this fel2, We visited the County Chain Gang and found that there has Since the last term been erected of Court a modern Stockade at a cost of about $7000 to $7500, This Stockade is equipped with comfortable cot beds, the white and colored Prison ers are separated as to sleeping and eating quarters, and modern Sanitary dispog- al plant takes care of the refuse from the Stockade. The Stockade is equipped with shower baths and toilets. Hospital wards have not yet been furnished but we une derstand that provision has been made for this equipment to be put in the first of July. We found at the Chain Gang forty-four white male prisoners and twenty- one colored prisoners, It is a Source of great regret to this Grand Jury to fing the n e The prigon- ers make no complaint about the treatment and seem to be as well car ed for as ig possible under th e circumstances, E J Troutman Foreman of the Grand Jury, This Honorable Court takes a recess until Thursday Morning May 22, 1930, at 9:30 O'clock A, NM @ Poe Tht: wv hz. ca JUDGE ZPRESI DI NG " 4 This Honorable ing May 22, No. 46 f tate 0 vs 4 Newt C Lambert j Carrol Ervin : Theodore Lambert No. 21 State vs George Hilton Cordie Longsworth alia Jackie Longsworth, i — oo <a ao oe oS a oe << IN THE SUPERIOR CouRT Thrusday May 22, 1930/ 1950 at 9:50 A, } Capias for Carrol Ervin ordered by court MAY TERM 1930 Court convenes according to adjournment Thursday Morn- M. for the dispatch of business, LARCENY AND RECEIVING A True Bill, MURDER. This case being called for trial, ed in open Court, in the presence of the defendant and counsel H P Grier & JG Lewis, that he would not ask & verdict of murder in the first degree as charged in the Bill of Indictment, but would as verdict of murder in the second decree or manslaughter, as the Jury may find from the evidence and law as given them by the Court, The foblowing named the Solicitor stat jurors were sworn and empan- nelled for the verdict; J L Abernathy, W E Krider, J M Morrison, Jesse § Watts, S D Grose, J F Cornelius, W J Morrison, Charles w Blackwelder, Glenn MeLelland, H F Deese, H L Gilbert and Lee Campbell, Pemding trial of this case the Court takes a ree cess, This Honorable Court takes a recess until Friday Morning Way 23, 1930, at 9:30 A. M. Shope. Oh — Judge Presiding IN THE SUPERIOR COURT MAY TERM 1930 . Friday May 23, 1930, IN THE SUPERIOR CouRT F MAY TERM 1930 339 Saturday May 24th 1930, This Honorable Court convenes according to adjournment Fr ing May 23, 1930 at 9:30 O'clock A, M This Honorable Court convenes according to adjournment Saturday iday Morn. / Morning May 24th 1950, atv9:350 A, M. for ti - for the dispatch of business, 1@ dispatch of business, No. 21 ) MURDER eats § The jury sworn and empannelled in this case re-~ } turned a verdit of NOT GUILTY, as to both of the 8 At the hour of 3 P, Mm, Hon. Zeb V Long, Solicitor moved that the ce a taken defendants, Cordie Longsworth alias : Court adjourn for one hour out of respect to the memory of James Mm Deaton a iskie Longaworth i former Sheriff of Iredell County, Whereupon it was ordered by His Honor, Judge ne Tae Thomas J Shaw, that the said Court adjourn until 4 P., Me. in honor Of and out of respect of the memory of James M Deaton former Sheriff of Iredell County, No. 21 ie j MURDER ii State 6 This case taken up after convening of Court and bi: vs § continued through the entire gay. Hi! George Hiltoh § Cordle Longsworth alias} Jackie Longsworth, } This Honorable Court takes a recess until l.onday Morning May 26th 1930 at 10:00 Otclock A, Ne a ‘ A hoa fh hme | Judge @resi ding . » ee This Honorat if 118 Court takes a recess until Saturday Morning May 24th 1930, at 9:30 A. M,. Fe . Sh ce FP Judge esiding . Cite ain c a | : ie « F {N THE SUPERIOR COURT 340 IN THE SUPERIOR COURT F MAY TERM 1930 SECOND WEEK. SECOND WEEK MAY TERM 1930 “- Monday May 269 1950. Monday May 26th, 1950, 25 HOUSEBREAKING AND LARCENY Defendant called and fai ledgiiilimmlame rt Nisi Sef and Capias. me Bond fixed at $750.00 North Carolina, In the Superior Court Bice. . 8 Iredell County. May Term 1950, le Lazenby Tis Honorable Court meets according to adjournment at 10:00 O'clock 26 HOUSEBREAKING AND LARCENY Judgment of the Court is that the defendant be confin- vs ed in common jail of Iredell County for a period of EIGHT Willie Williams MONTHS, and assigned to work on puiblfe roads of said cou- Judge Presiding and Holding Courts of the 15th Judicial District of North Caro- ’ nty, not to wear stripes. No. : ‘ State A. M. Monday Morning May 26th 1950, when and where His Honor, Thomes J Shaw, lina, is present and presiding, this the Second Week at May Term 1930, No. 28 FORGERY State The defendant comes into open Court and pleads guilty © vs forgery as charged in the Bilt of [ndictment. : Willie Mulkey Judgment of the Court 4s that the defendant be confined tnto open Court the names of the following good and lewful men to serve as jurors in common jail of Iredell County for period of FIVE MONTB and assigned to work on public roads, not to wear stripes J L Sherrill, High Sheriff of Iredell County, Morth Carolina returned of this Court for the second week for civil cases, to-wit: S F Goforth, JB Crawford, BC Plott, TM Rickert, J R Knight, J C MeLean, RL Bustle, C Q May- 2 FORGERY . : " oes Beso Tudenent of the Court is that the defendant be confined hew, H D Lackey, T © Lazenby, WL Mills, RA Douglass, R W Dobson, J F Henderson . em {in common jail of Iredell County for 4 period of FOUR 1 & Hartsell MONTHS and assigned to vork on public roads, not to wear JM Cass, J L Plyler, J T Crawford, kome Clark, C R York, J E Poston, S F Hole stripes. comb, G T Henderson, and © B Kenegar. No. 30 i ARCENY State Continued until next : i ; vs « he following was sworn as tslesman juror for the day, WM “Yestmoreland, Henry Gibbs The following was returned not to be found in Iredell County, ” W Veach,. No. 33 FORNICATION AND ADULTERY GIVING WORTHLESS CHECKS \State Continued until next term. The a@efendant comes intoropen Court end pleads guilty to * vs civine worthless check as charged in the warrant. Lee Moose Judgement of the Court is that the defendant be imprisoned Bessie Griffin in the common jail of Iredell County for period of FOUR MON- THS, to work on public roads; capias to issue on order of Court anytime within three Years to carry the road sentence PB «: OD into effect. Defendant also to vay costs of this action. \ State i vs ' 4 ) : ’ § 4 ) E Marvin Davis No. 9 STOREKRHAKING AND LARCENY _ State Judgment of the Court is that the defendant be imprisoned vs in the common jail of Iredell County for period of Six MONTHS \ No. 40 FORGERY at the defendant be confin- J P Wayhew and assigned to work on public roads of said county. This sen- \ State Judgment of the Court is that ae Sere cee af TOUR tence to be concurrent with sentence the defendant is now sere vs 4 in common jail of Iredell County =r . rial Fy ving bn road, as long as said sentence he is serving lastS.« Bill Grant MONTHS, amd assigned to work on re Seer oor. stripes. "Siete TO APPKAK AND SKOW GOOD BEHAVIOR. ae ee vo ” A 5 45 AAR GH ‘ a ~ dad un former order. \ =e F Re OF THE COOURT $5 that the defendant he confine wtate J UDI Nod i ik, GCOOUI 1s Ui ; Wonk Gates \ vs ed in the common jail of Tredell County for a eb 4 Nonk Gaines Ira Adans FOUR MONTHS, and assigned to work on public roads oO county, not to wear stripese No. 20 i) URDSR State Continued until next term. No. 46 “73s \ Georce lhiorrison LARCE AND RECEIVING : i sacencanhe come into open Court and through their counsel H P Grier and Hugh G Mitchell pleads not guilty. The folaowing gury sworn and enpannel es J 8 ee eanah NV 2 ? R . f J 4 h c ean , 1 ,& ber t. TM Rickert J R Knight, €. 5 . C Q cae HD Lackey, T S Lazenby, W L Mills, J F Hend } ; a a) erson and 5 M Cass, returned ® verdict of NOT GUILTY a8 to all of the defendants. State vs Newt C “ambert ; Thedore Lambert No. 22 &/23 PHOSTLTUTLON AND FORNICATION AND ADULTERY Carrol Ervin State Continued until next term of Court vs George Hilton Cordie Longeswort Alias Jackie Longsworth. = ee et es ee No. 43 IN THE SUPERIOR COURT. 342 SECOND WEEK MAY TERM 1930 Monday May 26th 1930, IN THE SUPERIOR COURT 343 SECOND WEEK MAY TERM 1930/ ? Monday May 26 1930, No. 48 ) STOKEBREAKING AND LARCENY State 6 The defendant comes into open Court and through hig No. 512- a ‘ vs } counsel pleads hot guilty to a felony, but waves finds Richard Woo . John Lovd Tuck } ing of bill and pleads guilty to larceny of property Cf NON-SUT? § of value of $6.00 which Plea the Solicitor accepts, vs Pear § Judsment of the Court is that the defendant be i ' § confined in common jail of Iredell County for a period Manlus ks ary ; } of SIX MONTHS, and assigned to work on public roads of B Wood, ot al. # said not county not to wear sla ta The plaintiff having been called ana solemnly warned to come into ; ae ol i ecute his action arainst anlus W ’ 2 Nood + hee 58l- Ila T WiecCall vs Hobert MeCall-- Continued, Court and pros . : is Wood, Mary B Wood, et al, and No. 584=- Clarence Carson vs Lizzie Carson -- Continued failing, it is adjudged by the Court that the Plaintiff be non-suited, and it further adjudged by the Court that the defe Gants recover of the Plaintiff rd \ % ¥ XNo, 5k285=@ I T MeTush vs Ethel McTush -e- Continued a on ' a . action to be taxed by the Cler i. _ “No. 613- iMublee C Falls vs Kd Falls -- Continued the costs of this actio ° lerk hess 638 = irs Maude iicore vs Barron P Moore <= Continued No. 630 ’ Brooks The Court ordere the fury withdrawn in this case and Rufus Br ; No. 66 : ; . ae ‘ a mistrial ordered. Case continued for term, Bank of Stony Point 4 vs | Elizabeth Brooks Wt \ vs j NON-SUIT ! \ d| \ D. D. Littlejohn ET ALS No. 634- i Bahia lack Fakoury WH The plaintiff having been called and solennly warned to come x vs 0 'SSURS il x JW i.) Into Court and prosecute his action avainst D D Littleitohn. et al : . int ; t and Ss t : t 1 avainst D ] yh § and fail- + , o rh r Saleem Fagkoury 6 3 St £ d4jnudree Dy the G } +} Dlaintiffr he ana’ iy is ad: qd née Court that e pl: f be In=-shited, and it ta Jury sworn and empannelled angwered the issues as follows: furt er adindred by the C(t urt that t = he de fendant recover of the on aintiff the lst Were the plaintiff anda dJefendant married as alle ‘ad in the iit : “ve 7 o i 4 4 ALACd ‘ | i AllvU } o L C ° I sil Ht, costs of this action to be taxed by the Clerk, laint? complaint? Answer: Yes No 355- : ! ; C i if eer -esident of t state f North Caroe f G L Crowell ' end. Has the plaintiff been a resident of the : oO rth Y S — . lina for five years immediately prior to the bringing of this action? vs ' ON-SUIT, : e y oy L Coleman ' Answer: Yes ida of 3e é himse ‘ron 1e 1 intiff as alle _ si ‘ : : ; id the a ean nt separate himself from the plaint: & he plaintiff hav ng been called and solemnly warned to come into 5rd. Did the defenda : mA in 3 Sie a ae art of plaintiff, and live Ness : , : i ; i ed fr he com ao «UW lout fault on the part of the pla ’ /Ourt and prosecute his action against Rov L Coleman, and failing, it is adj- saint, Wee if , ; separat and ananrt fram ’ Jlaintiff for five years immediately prededing ae udged by the irt that the plaintiff be non-suited, and it is further ad judg- SNE Apaet f ed by the Court th; the defendant recover of the plaintire "@ bringing of this action? iI action to be taxad b? the ler i Ny swer: YeS. , i No. 35 6 G L Crowell § vs oo ) Glover Haritare t an a , The plaintiff havi a1] nd so} into M M | j , » i; i! ng” cal Lec ‘ Q solemnly varned to come n This Ho: orable Court takes a recess until Traeday Morning ay | ees his O1 Court and prosecute his actior ag nat vay aps a and fs ; ; on arains y : tiling, it is «7th 1950, at 9:30 A. li. ad tud ed by the Court that the DLGIntifr hae wer -suited, end it ig further ad- fudeed by the Conrt chat the defendant recover of the platntiff the genes this action to be taxed by the Clerk, ON THE SUPERIOR COURT SECOND WEEK MAY TERM 1930, Tuesday May 27th 1930, This Honorable Court convenes according to adjournment Tuesday ing May 27th, 1930 at @:30 A. M. for the dispatch of business, North Carolina, In the Superior Court Iredell County. May Term 1930 Bahtea Mack Fafoury § vs 4 JTUDGMEN®, Saleem Fakoury § This cause coming on to be heard at this term of the Court before His Honor, Judge Thos J Shaw and a jury and being heard and the jury having an- Swered the issues as follows: "lst. Were the plaintiff and defendant married as alleged in the Complaint? Answer: Yes. 2nd. Has the Plaintiff been a resident of lina for five vears immediately vrior to the brin Answer: Yes the State of North Caro= ging of this action? 5rd. Did the defendant separate himself from lesed in the complaint, without fault on the part of the Plaintiff, and live separate and apart from the plaintiff @or five years immediately preceding the bringing of this action? Answer: Yes," the plaintiff as ale It is therefore ordered and adjudged that the bonds of matrimony heretofore existing between the Plaintiff and the defendant be and the same are hereby dissolved and that the plaintiff is and she is absolutely divorced from the defendant, It is further ordered and adjudged that the cost of this action be taxed by the Clerk as provided by law, Thos J Shaw Judge presiding North Carolina, In the Superior Court Iredell County. May Term 1930, W W Rankin Company 6 \ vs JUDGMENT Cannon Mills Company, 0 This cause coming on to be heard at this term of the Court béfore His Honor, Judge Thos J Shaw and being heard and it appearing that the parties to this controversy had agreed to the facts in the case and had further agreed that if that portion of the chattel mortgage executed by Will Parks to the Brown Contracting Company on Feby 16, 1928 and registered in chattel mortgage book 58, Page 64 in the office of the Register of Deeds of Cabarrus County, N C. wherein the said Will Parks conveyed"one 1000 lba. good lint cotten that orn~- SECOND WEEK MAY TERM 1930 Tuesday May 27th 1930, I may raise or cause to be reaised on the lands of Mrs R W Fleming in No 4 Township, adjoining the lands of Frank Rankin »% others, this cotton to be rais ed during the year 1928", was not a sufficient ana binding conveysnce for lack of proper description, that the ssid plaintiff was entitled to recover 6f the defendant the sum of $288.94 with interest thereon from Nov 15, 1928 at the rate of six per cent. It is therefore ordered and adjudged that the said conveyance is not sufficient and binding for lack of proper description and it is therefore ordered and adjudged that the plaintiff recover of the defendant the sum of 9288.94 with interest thereon from Nov 15 1928, at the rate of six ver cent per annum and that the defendant pay the cost of this action to be taxed by the Clerk of this Court, Thos J Shaw Judge Presiding North Carolina, In the Superior Court Iredell County May Term 1930 \ Theo Atwell, Admingstrator of 4§ \ rs MC Atwell, deceased, vs § JUDGMENT J B Atwell. j This cause coming on to be heard at this term of the Court before His Honor, Judge Thos J Shaw and being heard and it appearing that the action was based upon a write of claim and delivery for a certificate of deposit of $1000.00 on the First National Bank of Mooresville, N. C. in the name of Mrs M C Atwell and other personal property and it further appearing that the de- fendant has turned over to the plaintiff the said certificate of deposit as aforesaid; the plaintiff therefore takes a voluntary non-suit. It is therefore ordered and adjudged that the plaintiff be and he is hereby non-suited and that the cost of this action be taxed against the plain-g tiff by the Clerk of this Court. Thos J Shaw Judge Presiding IN THE SUPERIOR COURT 3 ‘Be, 17 \ State vs Russell Holtsclaw North Carolina, Iredell County J R Little vs BS Sherrill IN TH# SUPERIOR COURT SECOND WEEK MAY TERM 1930 Tuesday May 27th 1930, § ARSON 4 Defendant moves to set aside the vedict as being a- ) gainst the greater weight of evidence, Motion denied, } Defendant excepts. Motion for a new trial for errors ) assigned. Motion overruled. Defendant excepts, 0 Judement of the Court is that the defendant be { confined in the State's Prison at hard labor for not § less than SEVEN nor more than TEN YEARS, In the Superior Court May Term 1930 4 § JUDGMENT 4 IN THE SUPERIOR CouRT SECOND WEEK MAY TERM 1930 Tuesday» May 27th 1930 549 cS Bristol, et al trading jj as Bristol Motor’-Co, § bad ' ISSUE C M Bingham $ The following jury sworn ana empannelled, Goforth, R A Douglas, Kk W Dobson, J L Plyler, J 7 York, J E Poston, G T Henderson, C B Renegar and g oO issue as follows: What amount if any, i reason of his counterclaim? Answer? $200.00 8 the plaimitff indebted to the defendant by ; 347 J B Crawford, S$ P Crawford, Rome Clark, C R Vv F Holcomb, answered the This cause coming on to be heard at this term before his Honor Thos J Shaw, Judge Presiding, and it appearing to the Court that the plain- tiff and defendant have compromised and adjusted all matters arising on the Pleadings; and further that the defendant concedes that the Plaintiff, in so “faras he knows is a man of good character as set forth in his answer filed, It is, therefore adjudged under the terms of said compromise that the plaine ttiff recover nothing by his said action; and, that the Plaintiff recover his coststo be taxed by the Court, Thos J Shaw Rx Judge Presiding H P Grier and Lewis & Lewis Attorneys for Plaintiff Raymer & Raymer and Burke & Burke Attorney for Defendant, No. 440 ) ‘ H E Walser % Co, 0 a \ vs j ISSUE KR C Gilbert ) Jury: Sworn and empannelled answered the issue as follows: Is the defendant indebted to the plaintiff, and if so in what amount? Answer: $163.78 with interest from Sept 87 1927, Noe 456= Columbia Weighing Machine Co vs kh ooreville Drug Co. Continued. This Honorable Court takes a recess until vednesday Worntng a), Bog f. ome Ht Judge Rrésiding —————+>— it May 28th, 1950 at 9:30 A. IN THE SUPERIOR COURT SECOND WEEK MAY TERM 19350, Wednesday May 28th 1930, This Honorable Court convenes according to adjournment ing May 28th 19350, at 9:30 A. M. for the dispatch of business, After ealling over the calander this that Friday's calander be moved up to Thursday, and all case for trial on that day be called Thursday. North Carolina, } In the Superior Court Iredell County. ) May Term 1930. GH Jolly, Administrator $ of Amanda Menser, deceased § ( vs § JUDG) ENT Lena iiason and husban, R H Nason, § rs John Wilson anda husband, John § Wilson, WF Milsaps ana wife Bertha 4 Miilsaps, Hoyt Millsaps and wife Ida Millsaps, Lula Sprinkle and husband, § Archie Sprinkle, Otie Menser and § husband, Homer Menser, Ethel Shaver, 9 (widow) and T 7 Menser, $ This cause coming on to be heard before His Honor, Thos J Shaw Judge Presiding, at this tern of the Court, and it appearing to the Court that the parties hay compromised and settled al] matters of dispute arising under the pleadings, and that under the terms of compromise, the plaintiff is to ree cover the sum of $275 e0O0 on the claim filed by T J Menser, instead of $550.00, It is therefore Considered and adjudged that the plaintiff recover of the defendant the sum of 9275.00 on the claim filed by T Z Menser, and it is further adjudged that the said sum of $275.00 is to be paid on or before the first day of December, 1930, It is further adjudged that the Plaintiff pay his witnesses and 1/2 of the Court costs out of the $275.00 when the same is paid, and that the Cefendants pay their witnesses ana a/2 of the court costs, It is further adjudged that upon the payment of the $275.00 on or before December the first 1930, that the land shall not be sola for the pure pose of making assets, it being understood that the Same will not be necessarys It is further understood and adjudced that in case there should be a deficieny On any account, after:saia sum is paid, as hereinbefore stated, that the heirs shell be given an opportunity to Pay the same, In the event the $275.00 with any other necessary sum is not paid, as provided in this judgment, the Clerk may appoint a Commissioner to sell the land, and the cause ig remanded to him for further orders; By Consent: Thos J Shaw : Judge idi Lewis & Lewis and H P Grier udge Pres ng Attorneys for plaintiff D L Raymer ana Burke & Burke Attorneys for defendants, Wednesday Morn. morning is was ordered by the Court IN THE SUPERIOR CouRT Wednesday May 28th 1930: North Carolina, In the Superior Court Iredell County. May Term 1930 The American Limestone Company {4 vs 4 CONSENT JUDGMENT Atlantic Paving Company. t This cause coming on to be heard and ip appearing to the Court that the plaintiff and the defendant have agreed upon a judgement in this action; It is, therefore, ordered and adjudged, by consent, that the plain-e tiff recover of the defendant the sum of $792.83 witn interest from June 2lst, 1927, and the cost of the action to be taxed by the Clerk, By Consent: Thos J Shaw Judge Presiding E MB Land Attorney for plaintiff Carroll B Spencer Attorney for defendant a | ~ ~~” Qn } North Carolina, In the Superior Court Iredell Uounty. May Term 1930 \ CL Williams, Receiver of the 4 \ Commercial National Bank of 4 \Statesville, North Carolina t we j CONSENT BUDGMENT J H Troutman 4 This cause coming on to be heard and it appearing to the Court that the pleintiff and the defendant have agreed upon a judgment in this actia It is, therefore, ordered and adjudged, by consent, that the plaine tiff recover of the defendant the sum of $3503.00 with interest from October “lst 1927, and the cost of the action to be taxed by the Clerk, Thés J Shaw By Consent: Judge Presiding EM Land Attorney for plaintiff Adams & Dearman Attorney for defendant ao C SECOND WEEK MAY TERM 1930 349 IN HE SUPERIOR COURT SECOND WEEK MAY TERM 1930 Wednesday May 28th 1950, R F Davidson, Plaintiff t ‘ vs $ ISSUBS C B Morrison, Defendant 0 The following jury, H C Plott, J M Rickert, J R Knight, H D Lack. ev, T S Lazenby, W L Mills, J F Henderson, J M Cass, S B Josey, J I Thomas, J C McLain, end J B Crawford being sworn and empannelled for their werdict say that they find the issues submitted to them as follows; 1. Was the note dated September 2, 1927 endorsed by the defendant, Norr&éson as alleged in the complaint? Answer: Nos LP) 2. Was the note dated March 2 1928, endorsed at the request of the plaintiff, K F Davidson, and for his accommodation as alleged in the answer? Answer: No. 3. What amount if any is the defendent C B Morrison indebted to the plaintiff? Answer - 596 RE: Caveat, Will Nrs S A Lowrance. Me following jury, RK L Bustle, WM Westmoreland, S F Goforth, R A Dowelas, KR W Dobson, J T Crawford, Rome Clark, C R York, G T Henderson, B Renegar, S F Holcomb and C L Millsaps, being sworn and empannelled for their verdict. Pending trial of this case Court takes a recess. This Honoruble Court takes a recess until @hursday Morning 29th, 1930, at 9:30 A. M Doo. hav Judge Prgsiding wa IN THE SUPERIOR COURT SECOND WEEK MAY TERM 1930 Mursday Vay 29th 1930, Mis Honorable Court convenes according to adjournment Thursday Morning May e9th 1930 at 9:30 O'clock A, M. for the dispatch of business. North Carolina, In the Superior Court Tredell County « May Term 1950. I Tt Tomlin vs 4 JUDGMENT w T Henderson 4 Tis cause coming on to be heard at this Term of the Superior Court of Iredell County, and it appearing to the Court that the plain- tiff desires to take 4 voluntary non-suit: Tt is ordered and adjudged by the Court that this cause be and + 32 ac +o > the same 4s hereby non-suited and dismissed, that cost to be taxed agains the plaintiff. Thos J Shew Judge Presiding North Carolina, In the Superior Court Tredell County. May Term 1850. Vrs L E Baker \ vs (4 Ed Baker This cause coming on to be heard at this Term of the Superior ; 1 rs ~ a q , > £ Court of Iredell County before His Honor, Thos J Shaw, Judge Presiding and it apppearing to the Court that the plaintiff desires to take a vol- untary non-shit: } ; 5 Ls 4s cA eae be and the samé is 7s £5 ordered and ad judged that this caus be Y yaad r ng t 4 hereby non-suited and dismissed, the costs to be taxed against the plain tiff. Thos J Shaw Judge Presiding N ; Superior Court North Carolina, In the N 7 1930 Iredell County. May term Roxie May Weber va 0 JUDGMENT Robert Weber 4 This cause coming on to ve heard and being heard at this term of . ai and it the Superior Court before His Honor, Thos J Shaw, Judge Presi oe ‘ non appearing to the Court that the plaintiff desires to take & voluntary suit: N THE SUPERIOR COURT SECOND WEEK MAY TERM 1930 ‘hursday May 29th 1930, ~~ It is therefore, on motion of Lewis & Lewis tiff, ordered and adjudged that this Gause be and the same igs hereby none suited and dismissed, and the costs are to be taxed ag ainst the Plaintirr, Thos J Shaw Budge Presiding North Carolina, é In the Supertor Court Ipedell County. 4§ May Term 1930, T Ross Alexander, Ine, § vs ) JUDGMENT Long Island Cotton Mills § Company, Ine, § This cause coming on to be heard at this term of the Super- for Court of Fredell County and being heard before His Honor, This J Shaw, Judge Presiding, and it appearing to the Court that the Plaintiff and de- fendant have settled and edjudged their matters, the defendant agreeing to pay the plaintiff the sum of 390.00, each side to pay its own witnesses and the Court costs to be- equally divided among the plaintiff and defend- ants It is therefore ordered and adjudged by the Court that the plain- tiff recbver of the defendant the sum of 590.00, and that the Plaintiff and defendant each pay its own witnesses, the Court costs to be taxed by the Clerk of this Court equally against the Plaintiff and defendant, Thos J Shaw Agreed: Judge Presiding Lewis & Lewis sia Attorney for plaintiff P P Dulin Attorneys for defendant : No. 596- ' a». IN RE; Caveat, Will of t BE Mrs. S A Lowrance, ) The§ stotore named answered the issue as follows: Is the paperwrit ing propounded by Mrs Mamie Houston and con- sisting of two sheets, marked Ppropounder's Exhibits "p" and "Cc" and every part thereof, the last will and testament of Mrs §S A Lowrance, deceased? Answer: Yes, except the words printed on the two sheets, This Honorable Court takes a recess until Friday Morning May 50th, 1950 at 9:50 O'chkock A. M. » Attorneys for Plain- IN THE SUPERIOR CouRT Friday May 30th 1930, Thés Honorable Court convenes according to adjournment Friday Morning May 50th 1950, at 9350 O'chock A.M. for the dispatch of business, North Carolina, In the Superior Court Tredell Countye May Term 1930, WC Moore § vs 6 JUDGMENT DG Wilson 0 This cause coming on to be heard ana being heard before His Honor, Thos J Shaw, Judge Presiding, and it appearing to the Court that plaintiff dee sires to take a voluntary non-suit: It is therefore ordered and adjudged by the Court that this cause be, and the same is hereby non-suited and dismissed, the costs to be taxed by the Clerk of Court agairst the plaintiff, Thos J Shaw Judge Presiding North Carolina, Iredell County. H E Walser and C P Dedmon, 4 trading as H E Walser & Company § vs 4 JUDGMENT R 0 Gilbert, trading as Piedmont) Produce Company and EL Phifer } Surety, This cause coming on to be heard and being heard upon the evideic ence of the plaintiffs, the defendant not being present nor represented by ¢ 3 n+ti¢F th Counsel, and it appearing to the Court from the evidence of the plaintiffs tha Plaintiffs had obtained judgment in the lower court against the defendant and that when execution was issued the defendant executed his bond to the plaintif with EL Phifer, as surety, said bond being conditioned upon the full payment of said indebtedness at the final determanation of the suit provided plain- tiffs were succassful in said action and it further appearing that the follow- ing issue was submitted to and answered by the jury: In what sum, if any, are the plaintiffs entitled to recover of the defendant? Answer: $163.78 and int- erest from Oct, 5 1927, until paid. | IT IS NOW, om motion of counsel for the plaintiff's ordered and ad} < Life udeed: That the plaintiffs recover of the defendsnts and his surety, EL Phif d the costs of the sum of $163.78 and interest from Oct 5, 1927 until paid, an this action to be taxed by the Clerk. Thés J Shaw Judge Presiding. SECOND WEEK MAY TERM 1930, 353 354 IN THE SUPERIOR COURT e SECOND WEEK MAY TERM 1930 Friday May 30, 1930, North Carolina, In the Superior Court Iredell County. May lerm 1930 \ R F Davidson, Plaintarr 0 \ ve vn JUDGMENT C » Brawley and C B Morrison 9 “efendants . 4 This cause coming o: to be héard in this term of vourt before His Honor, Thos J Shaw, Judge rresiding, and a jury and the jury having answered the issue submitted as follows: "1. Was the note dated September 2, 1927, endorsed by the defendant C B Morrison, as alleged in the complaint? Answer: No. Answer: No, 5S. What amount if any, is the defendant c B Morrison indebted to the plaintiff? Answer 4* It is therefore, orcered, considered, adjudged, and decreed by the Court: FIRST. That the Plaintiff recover nothing of the defendant, c B Mor- rison, on the note referred to in the first issue hereinabove set forth. SECOND. That the Plaintiff recover of the defendant, c B Morrison, on the note referred to in the second issue hereinabove set forth the sum of $233.67 with interest thereon from January 4, 1929, together with the cost of this action to be taxed by the Clerk of the a. Said sums when paid are to be credited immediately upon the judgment he fore rendered against the de- fendant Cs Brawley by the Ulerk of the Court in this action. Thos J Shaw Judge Presiding Marietta raint & Color Co. \ 0 ‘ va 0 ISSUE ms § facturing Company é i | | | North State Furniture Manu- } Is the defendant indebted to the Plaintiff and if so in what amount? Answer: $388.78 ‘three Hundred Eighty Eight and 78/100 @ Withbi interest from Oct 31 1928, | IN THE SUPERIOR COURT Friday May 30,1930. North Carolina, In the Superior Court Iredell County. May Term 1930, Marietta raint & Color Company, ( a Corporation. ) vs ( JUDGMENT North State rurniture Manufacttr- j ing Company, a Corporation. 6 This cause coming on to be heard at this term of Court and being heard before His Honor, Thomas J Shaw, Judge Presiding, and a jury, and the vourt having submitted to the jury the following issue. "fs the defendant indebted to the plaintiff and if so, in what amount ?" and the jury having answered said issue as follows: "Answer: $388.78 Three Hundred Eighty Eight and 78/100 d#--- with interest from Oct 31- 1928," iT IS, IHERErORE, considered, ordered and adjudged that the plain- tiff recover of the defendant the sum of $388.78, with interest from Octobe the Slst, 1928, together with the costs of this action to be taxed by the Clerk of this Court. Thoa@ J Shaw Judge Presiding \ Faultless Caster Co. ) \ vs ( 0 North state Furniture 6 Manufacburing Co. § Jury sworn end empanneied answered the issuea as follows: Is the defendant indebted to the plaintiff on open account and if 80 in what amount? Answer: 297.63 ee Hundred Ninty seven and 63/100 dollars with interest from reb 26, 1930. North Carolina, j In the Superior Court Iredell County. 4 May Term 1950 \ Faultless Vaster Company 0 vs 0 JUDGMENT North state Furniture Mfg. Co. f Thisbcause coming on to be heard at this term of Court, and being heard, before His Honor, Thos J Shaw, Judge Presiding, and a jury, and the Court having submitted to the jury, the following issue: "is the defendant imdebted to the plaintiff on open account, and 80, in what amount?" SECOND WEEK MAY TERM 1930 305 erent ne ern eRe amit ee "9 IN THE SUPERIOR COURT MAY TERM 1930 and the jury having answered said issue as follwws: “Answer: $297.63 Two Hundred ninety seven and 63/100 dollars, with interest from Feb 26, i930", IT IS, THERErORE, considered, ordered and adjudged that the Plaine tiff recover of the defendant the sum of $297.63 with interest from Februar y the 26th 1930, together with the cost of this action to be Clerk of this Court, taxed by the “Thos J Shaw Judge rresiding North Carolina, In the Superior Court Iredell County. May Term 1930 ‘ IN RE: Caveat Will of 6 JUDGMENT Mrs S A Lowrance, This cause coming on to be heard at this term of Court heard before » and being His Honor, Thomas J Shaw, Judge Presiding, and a jury, and the Court having submitted to the jury the following issue: "Is the paperwriting propounded by Mrs Mamie ing of two sheets, marked propounder's Exhibits "Bp" part there6f, the last will and testament of Mrs S§ A Houston and consist- and"C" and every Lowramce deceased? And the jury having answered said issue as follows: Answer: "Yes, except the words printed on the two sheets." IT Is THEREFORE Considered, ordered, adjudged and decreed by the Court that the paperwriting propounded by Mrs Mamie Houston, consisting of two sheets marked rropounder's Exhibits "B" and "Cc", and every part there- of except the printed words "S A Lowrance" between the words "Mrs" and"Made" in the first iine of Exhibit "C", and the printed words "Mooresville, N.C. ~~~ 192 “ in the date line of Exhibit "B", is the last will and testament of Mrs SA Lowrance, deceased, It is further considered, adjudged and decreed by the Court that said paperwriting, excluding the above printed words on Exhibits "B" and "C#, is duly probated in solemn form and is ordered to be recorded by the Clerk of this Court in the records of Wiils in his office and the original filed therein, It is further considered and adjudged that the propounder recover of the caveator, BS Thomas, and his bond the cost of this action to be taxed by the Clerk of this Court, Thos J Shaw Judge Presiding. IN THE SUPERIOR COURT MAY TERM 19350 In Re: Vaveat Wiil of Mre 8S A Lowrance. Mobion to set aside the verdict. Motion overruled. vaveator exe cepts. Judgment signed and vaveator excepts. Notice of appeal by caveator to Supreme Court given in open Court. Notice waived. Appeal bond for cost fixed 100. —% By consent caveator allowed 60 days to make and serve case on appeal, propounder allowed 60 days theref#fter to serve countercase or file exceptions. North Carolina, ’ In the Superior Court Iredeil vounty. ‘ May Term 1930, raul Swain, by his next t friend, WG Swain. 0 vs )( JUDGMENT JC Alexander & Bro. q This cause coming on to be heard, and being heard at this term of Court before His Honor, ‘thomas J Shaw, Judge Presiding, and it ape pearing to the Court that the Plaintiff, Paul Swain, is a minor and is duly represented herein by his next friend, WG Swain, who has been duly and re- gularly appointed such by the Clerk of the Superior Court of Iredeil vounty; And it further appearing that said action is for a personal injury to said infant, raul Swain, - hich happened to him on or about the 8th day of *ebruary, 1930, as aileged in the cémplaint 4n this action; Qnd it further appearing to the Court that the parties hereto have agreed to compromise and settle all matters at issue between them growing out of the injuries to the said Paul Swain by the defendant paying to the phain- tiff the sum of $275.00 and the costs of this action, and that said parties desire the sanction and approval of the vourt in order to make said agreement binding, effective and valid by reason of the fact that the plaintiff's ward Yaul Swain, is a minor, and the Court having investigated the facts involved in the accident and personal injuries to the said raul:Swain for the purpose of ascertaining whether or not there was actionable negligence on the part of the defendant and also to ascertain the extent of the injuriesto the said aul Swain, and having made such investigation and having examined the wit- nesses who had personal knowledge of the matter, all for the purposé of en- abling the court to determine whether or not it is for the best interest of said minor, Paul Swain, that plaintiff compromise and settle all wcddims, actions or causes of action which said Paul Swain now has, or may hereafter have, against the defendant by reason of said personal injuries to the said Yeul Swain for the sum of $275.00, and the Court being of thedpinion, after having made such investigation, that it is for the best interest of plain- if eR Setar eee na etre CEC i H i IN THE SUrER1OK COURT MAY TERM 1930 tiff's ward, raul owain, that the matters at issue in this action be compro. mised and settied and that the plaintiff as next friend of said minor accept and peceive from the defendant the sum of $275.00 as settlement in full for al ail damages whatsoever which have heretofore, or which may hereafter, arise by reason of the injuries received by the said raul Swain growing out of the matters and things aileged tin the complaint. It is, therefore, considered, ordered ,sadjudged and decreed that it is to the best interest of the Plaintiff's ward, raul Swain, that the matters at issue in the above entitied cause be compromised and settled and that the plaintiff as next friend for the said Paul Swain receive from and be paid by the defendant the sum of $275.00 as settlement in full for all damages whatsoever either present, past or prospective, by reason of the pere sonal injuries plaintiff's ward, raul Swain, received growing out of the mat- ters and things ailegea in the complaint, It is, therefore, further considered, ordered, adjudged and decreed that the plaintiff recover of the defendant the sum of $275.00, together with the cost of this action as settlement in full for ail damages past, present and prospective that are due the plaintiff's ward, raul Swain, by reason of the personal injuries he received at the time and on the occasion referred to in the compiaint, and that the agreement or compromise and settlement en- tered into between the plaintiff and the defendant be, and the same is here- by, in all things sanctioned and approved, and that upon the payment of this judgment the defendant shall be forever discharged from any and all other and It is further ordered that the plaintirr recover of the defendant the cost of this action to be taxed by the Ulerk of this Court. Thés J Shaw BY CUNSENT: Judge rresiding Adams & Dearman Attorneys for plaintirr Grier, Grier « Joyner 4 Attorney for defendant. No. 549 4 B Bristol et al trading 4 as Bristol Motor vo, 0 vs t CG M Bingham. ¢ Motion to set aside verdict on ground verdict was against the greater weight of evidence. Motion allowed. New trial granted. MAY TKKM 1930 North Carolina, In the Superior court Iredell County. J D Kenerly )@ . $ JULUMENT G A Stearns ¢ This cause coming on to be heard upon the report of Hon Z V Turiing ten, Referee, heretofore appointed under the orders of the vourt to hear the evidence, take testimony, and report to the Court his findings of facts and conciusions of law; and that said reference was made by the court upon the motion of the defendants and over the objection of the plaintiff and to which reference the plaintiff, in apt time, excepted; and that said referee after hearing all of the evidence and having the same transcribed, reported to the court his findings of facts and conclusions of daw, and then under the order of the court he filed additional findings of @acts and conclusions of law; both findings and conclusions are set forth in his reports filed in this cause and to which the defendant, C A Stearns, filed exceptions; and then the cause came on for a hearing before His Honor, T J Shaw, Judge Presiding, March ‘erm 1930 of Iredeil Superior Court, and by consent of plaintiff and defendant it was agreed that the court take the papers, pleadings findings, exceptions, etc., and render his decision as of said Term of Court. The plaintiff asked fers»: confirmation of the reports and the defendant; C A Stearns, opposed the same, and after hearing counsel for plaintiff and defendant, and after mature de- iiberation and consideration, the court is of the opinion and so finds that the reports of said Referee should, in al respects, be approved and confirmed except a credit of $110.40 should have been given on Job No 1, teaving the sum of $2095.25 due on said Job, instead of $2205.65, as set forth in said re- port, and the report as corrected by this credit is in ail respects confirmed by this court, And it further appearing to the Court that the plaintiff on the 26th day of April, 1928, duly filed notice and claim of tien in the office of the Clerk of Superior Court of Iredell County, which was duly entered in the wien Docket No. 2 of said Court on page 107, and that a copy of said notice and claim of i1ien was attached to and made a part of plaintiff's complaint in this action; and it further appearing that the labor and material for the price of which this action is bréught were performed and furnished in bhiiding three dweiling houses on said land, and that said lien specifficially describes ‘he land upon which said buildings are located; and 1f further appearing that the performance and furnishing of said 1abor and material began on Job No. 1 on the 10th day of October, 1927, and finibhédon the ist day of March, 1928; IN THE sUrkkKiOk GCOUKT 359 as aie penser | | i | ; i ; } 260 IN THE SUPERIOR COURT t MAY TERE 1930. and it further appearing that the performance and funmnishing of said labor and materials began on Job No 2 on the 10th day of November, 1927, and finished on the lst day of March, 1938; and it further appearing to the Court that this action was begun on the 26th day of April, 1928; and it further appearing to the Court that the aforesaid lien as filed by the Plaintiff showed that there was due him by the defendant, C A Stearns, on Job No. 1 the sum of $1800.04, together with interest thereon from the ist day of March, 1928, and the sum of $2898.02 on Job No. 2, with intgr- est thereon from March ist, 1928; IT Is THEREFORE on mobion of sewis & sewis, H P Grier and R 1ee Wright, counsel for plainbiffr, ordered, adjudged and decreed: FIRST: That the exceptions filed by the defendant, CA Stearns, be, and the same are hereby overrui@ad, except as to the $110.40 credit, which is allowed. SECOND: ‘hat the Plaintiff recover of the defendant, ct A Stearns the sum of $2095.26, together with interest thereon from the ist day of March, 1928, until paid at the rate of six per cent per annum, THIRD: That the plaintirr recover of the defendant, C A Stearns, the sum of $2160.71, together with interest thereon at the rate of six per cent per annum, from the lst day of March, i928, until paid, FOURTH: That the cost of this hearing before the Referee, inciud ing the stenographer's fee and referee's fees, be taxed equaily against the plaintiff and defendant, except that the plaintiff pay for extra copy of stenographer's record, made for him, and that the court costs of this action be taxed against said defendant, © A Stearns, FIFTH: That a part of the aforesaid judgment of $2095.25, to-wit: the sum of $1800.04 with interest from March 1st, 1928, the amount set forth in the aforesaid lien on Job No.l is hereby deciared and made a Mechanic's wien upon the real estate described in said notice and claim of lien, and being described as follows, to-wit: and Cowles street, and runs with east Broad Street Soubh 69 deg. and 45 min. West 50 feet to C A Stearns! line; thence with the C A Stearns! line South 20 deg. and 15 min. East 150 feet to a fifteen foot alley; thence North 69 deg and 45 min. East 50 feet to the M H Biser line; thence with the MH Biser line North 20 deg and 15 min West 150>feet to the beginning. Beginning at the F A Sherrill corner on East Broad Street a dis- tance of 250 feet Westward from the South-west intersection of East Broad Street and Cowles Street, and runs with East Broad Street South 69 deg. and 45 min. West 50 feet to the M H Biser corner; thence with Biser's line South 20 deg. and 15 min East 150 feet to a fifteen foot ailey; thence North 69 deg. and 45 min East 50 feet to the F A Sherrill line; thence with the F A Sherrill line North 20 deg. and 15 min. West 150 feet to the be- ginning. 48 THE SUPERIOR COURT 2f MAY TERM 1930 361 It is further considered and adjudged that said lien attach to said real tate and improvements thereon on the 10th day of October, 1927, this being the day on which plaintiff began to perform labor and to furnish materials, and that gaid lien constitutes a first and superior lien to ail other tiens and encumbran- ces against said pwpoperty, except taxes, if any , and, valid outstanding iiens attachéng to said above described real estate prior to said 10th day of October 1927 and that plaintiff is entitled to have said real estate sold underg execu- tion, to be issued by the Superior Court of Iredeil vounty, pursuant to statute, for the satisfaction of this judgment. SIXTH: That the aforesaid judgment for the sum of $2160.71, together with interest thereon from March lst 1928, is hereby deciared and made a Mech- anic's sien upon a part of the real estate described in said notice and ciaim of tien, and being described as follows, to-wit: ward A co St sheeted rel Rg Rag area all Ma tis ee runs with BasteBroad Street South 71 deg. West 67.7 feet to the C C Foster iine; thence with the Foster iine South 18 deg East 150 feet; thence North 71 deg. East 67.7 feet; thence North 18 deg. West 150 feet to the beginning. It is further considered and adjudged that said Lien attach to said real estate and improvements thereon on the 10th day of November, i927, this be- ing the day on which plaintiff began to perform labor and to furnish materials and that said lien constitutes a first and superios iien to ail other Liens and i encumbramces against said property, except taxes, if any, and, valid outstanding liens attaching to said above described real estate prior to said 10th day of November, 1927, and that plaintiff 1s entitled to have said real estate soid \ under execttion, to be issued by the Superior Court of Iredell county, pursuant i to statute, for the satisfaction of this judgment. SEVENTH: That the aforesaid judgment for the costs of this action is hereby declared and made a Mechanic's .ien upon the three tracts of itand above decribed, and that said iien attach to the first two tracts of itand on the lOth day of October, 1927, and to the third tract, being the iast described tract af dand, on the 10th day of November, 1927, and that said iien constitutes a first and superior lien to all other liens and encumbrences against said property, ex- cept taxes, if any, and valid oustanding iiens attathing to said first two tracts of land above described prior to the 10th day of October, 1927, and attaching to the iast described tract of lands prior to the 10th day of November, 1927, and that plaintiff is entitied to have said real estate sold under execution, to be issued by the Superior Court of Iredeil county, pursuant to statute, for the Satisfaction of this judgment for costs, and as heretofore stated for the satis- faction of thid judgment for costs, and as heretofore stated for the satisfaction of the judgments for the principal, interest and costs as aforesaid. Referee Z V Turlington ailowed $300.00 to be taxed as part of costes. Signed this the 30th day of May, 1950. Thos J Shaw : Judge Presiding 362 IN THE SUPERIOR COURT MAY TERM 1950 \ \ 4 D Kenerly i vs NHOTIGE Or ArPEAu. C A Stearns 4 Defendant Stearns excepts to the Judgment the Court entered May 50th, 1930, and appeals to the Supreme court for errors to be assigned. Notice of appeal given and accepted in open vourt. Notice waived. Appeal bond fixed in sum of $200.00. Bond to stay execution fixed in sum of $5000.00. CA By consent 15 days allowed to give stay bond. By consent defendant Stearns allowed 60 days within which to make and serve case on appeal. Plaintiff ailowed 60 days there@fter to serve countercase or exceptions. \ No ° 17 ARSON \. State Defendant through his counsel moves for new trial. ae Motion denied. vefendant except and appeals to the Russell Holtscilaw supreme Court. Notice of appeal waved in open Court. \ \oe49- Appeal bond fixed at $100.00. Appearance bond $5000.00. By consent of Solicitor 60 days allowed defendant to make and serve notice on appeal. And by consent 60 days thereafter ailowed State to serve countercase or exceptions. GoBdie Lee Anderson vs W rarks Anderson -- Continued. Tampa Drug vo. vs GE French -- Continued C » Wiliiams Recv. vs J W Hatchett & Roger G Moore <-- Continued I S Stearns vs Gus Ggerukos -~- Continued Roy © Gibson vs W A Evans, Admr. Mrs Z V Mc.sain -- Cont inued sazenby Montgomery Haw Co vs Charles Hartness et al -- Continued C L Williams Recv. vs U I Roseman et al. Continued by consent. Grace Chambers vs Home Security wife Ins. -- Continued Jake Meroney vs lisadore Wailace et al -- UContinued by consent. First National bank vs J C Brookshire -- Continued by consent for defendat Bryant Teague Admr vs J T Irvin et al. Continued for defendant. A Y¥ Alexaneder et al vs Ballance-Sulivan Co. vontinued Jesse M Brown et al vs Brown Bag Co. ~~ vont inued John M Privette vs Feiidon M Privette -- vont inued Mary A Ailison Admrx al vs Hall Hosiery @oil-- Continued W L Pope et al vs rope Tire & Battery Co. @- vontinued H L Kincaid et al vs Kincaid Veneer Uo Inc. -~ cont inued K D Cox et al vs Electric Supply Co. -<- Continued C H TurneryMfg Co vs J D Rhine -- Cont inued Isadore Wallace vs JC Brookshire -- Continued. ‘Yorth Carolipgea, IN THE SUPERIOR COURT MAY TERM 1950 In the Superior Court Tredeil County. May Term 1930. teele, F F Steele, H 0 2 an A P Steele and E R ¢ Rankin, partners trading 48 (4 statesville Brick Company, B A ) Troutman, R W Troutman, C A Troute- ' man and bb & Troutman, partners trading as Mooresville yurniture Company, J A q Panella; pazenby-Montgomery Hdw. UOe, Q FJ Alley, MK eres - Reed, : erd. en : COMMISSLONER'S REPORT vs ) OF SALE OF LAND ¢ § Rimmer and wife, Cora Rimmer, : B Bradburn and E © Clomninger, ’ trading 48 Bradburn & Clonninger q and Troutman Banking & Trust Co. ) TO THE HONORABLE THOMAS J SHAW, JUDGE HO.VING THE SUPERIOR COURT OF TREDELL COUNTY, iN THIS, THE 15th JUDICIAL DISTRICT OF NORTH CAROLINA: yhe undersigned Commissioner respectfully shows to the Court that he has complied with the judgment of the Superior Court of Iredeil County in the above entitled cause pearing date of the ___ dey of March, 1930 appointdng him commissioner therein, and did, on the eath day of April, 1930 seil the tract of iand described in the complaint filed in this action, after first advertising the same once 4 week for four consecutive weeks in the vandmark, a newspaper pubiished in lredeil County, state of North Carolina, and by post- ing a notice at the Court House door and at three other public piaces in said county; that at the sale the Troutman Banking & Trust Company became the iast and highest bidder for the tract of land described in the complaint filed in this action for the sum of $1000.00; that no advanced bids have been placed on said property; WHEREFORE, the undersigned commissioner prays the Court that said n sale be confirmed and that he be authorized to execute 4 deed to the Troutma Banking & Trust Company for said property described in tye complaint. This 30th day of May, 1950. Jack Joymer, Commissioner. North Carolina, In the Superior Court Iredell county. C M Steele, ¥ F Steele, HO SteeBeg A P Steele, and E R Rankin, partners trading 88 Statesville Brick Company, B A Troutman, C A Troutman, R W Trout~ man,mand 4 Troutman, partners trading as Yooresville Furniture Company, J A Panella, uazenby-Montg~ omery Hdw Co., F J Alley, M K Brown CH Reed, C R Payne «JS Echerd. — nage vege ae BS EDS Se ORDER CONFIRMING SALE vs ’ OF UOMMISS LONER C8 Ri Ry 4 8 Breduuen &'f 0 cighnninger ,treding as Bradburn & Cionninger and Yroutman i Banking & Trust Company. holding the Superior Uourt of Iredell County, in this the 15th Judicial Dist. rict of North Carolina » and it appearing to the Court from the report of the commissioner, Jack Joyner, that he has complied with the judgment of this court, bering date of the day of March, 1930 appointing him commissioner this » On theb28th day of April, 1930, of- therein, and has advertised the property described in the complaint in action according to law and that gzhe did fer said tract of land for sale, and at the time the ‘'routman Banking & Trust Company became the last and highest bidder for the same for $1000.00 » and it further appearing to the Court that no advanced bids have been placed On said property and that the said Sale should be confirmed ; NOW, ®HEREFORE, it is considered, ordered and adjudgned that the sale of said iand be confirmed to the Troutman Banking & Trust Company and that the Commissioner execute to said ‘'routman Banking & Trust Company a deed for saidnproperty. Thos J Shaw, Judge Presiding, -— IN THE SUPERIOR COURT MAY TERM 1930 North Carolina, In the Superior Court Iredell County. May Term 1930 \ M F McCoy 0 vs § ORDER DENYING MUTLON TO REMOVE Robert G Lassiter & Co Inc. 4} This cause coming on to be heard before the undersigned Judge hold- ing the Courts of the Fifteenth District and being heard upon the motion of the defendant to remove the cause to the Municipal Court of High roint for trial, . and being heard on the affidavits and evidence filed by the defendant and piain tiff. It is ordered and adjudged thet this cause be not removed from the Superior Court of Iredeil County but that same be retained for trial in said Court. Defendants motion is denied, Thos J Shaw Judge rresiding North Carolina, In the Superior Court Iredeli County. May Term 1930. To His Honor, Thomas J Shaw, Judge Presiding: I hereby respectfully report to the Court, that I have at this term of Tredell Superior Court inspected and examined, to the best of my abality, the conduct and adwhinistration of the Office of the Clerk of the Superior Court of Iredell County, NC, and that I find that said office is being conducted by the said Clerk, Hon. John x Milhoiland, in a most highly commedable and effi- cient manner, and from all that I can ascertain, I report that said office seems to be con ducted fully im accordance with the verning the con- duct and administration of said office. | | Respectfully submitted. Zev V Long, Solicitor. Approved: Thos J Shaw Budge Presiding Gaerne hin e tn forth Carolina, In the Superior Court tredell Countye ¢ Lb Williams, Recekxver of the Commercial National Bank of statesvillé, N. Ce vs ut Barnherdt ana C S Barnhardt This cause coming on to be heard before me on Monday, May 24th 1950 ‘ ~ & i LVI, upon the verified complaint of the plaintiff and it appearing to the Court that ———- herein and copy of said complaint was duly served upon the defendant on April 17th 1930; Ana it further appearing that this action is instituted “— following notes executed by the defendants to the Commercial Natfonal Bank of Statesville, North Carolina:=- 1. For the sum of $50m@ with 4nterest from May lst 1928. 2, For the sum of $175.00 with trnterest from May &th 1928. 3, For the sum of 145,00 with interest from May 20th 1928. 4, For the sum of # 60.00 with fnterest from Mav 3lst 1998 5. For the sum of ¢ 75,00 wiih interest fror Tune 18th 1928, 6, For the sum of 45,00 with interest from Suly end 1928. And 4t appearing thet the defendants have not filed an answer within the time allowed by law and that the plaintiff is entitled to judgement by default final for the principal sums of seid notes and interest; It is, therefore, ordered and adjudged that the plaintiff recover of the defendants the following amounts:- 1. For the sum of $ 30.00 with {nterest from May 1st 1928. 2- For the sum of $175.00 with interest from May 8th 1928. 3. For the sum of $143.00 with interest from May 20th 1928. 4- For the sum of $ 60,00 with interest from May Slst 1928. 5« For the sun of $ 75.00 with interest from June 18th 1928. 6= For the sum of a 45,00 with interest from July ond 1928. %- For the cost of this netion to be taxed by the Clerk. John L Milholj and Clerk Superior Court North Carolina, In the Superior Court Iredell County ‘ BL Williams, Receiver of the ' Commercial National Bank of 4 Statesville, N. C. ' ' b vs ( JUDGMENT C F Patterson and C L Gilbert This cause coming on to be neard before me on Nonday, May 26th, 1930 upon the verified complaint of the plaintiff and it appearing to the Court that the summons herein and copy of said complaint was duly served upon the defendan®’ On April 18th, 1930; And it further appearing that this action is instituted for the recoy- ery upon a note vf the defendants, executed by the defendants to the Commercial National Bank of Statesville, North Carolina, for the sum of $400.00 with int- © erest from April 15th 1928; And it further appearing thet the defendants have not filed an an- swer within the time allowed by law and that the plaintiff is entitled to judg- ment by default final for the principal sum of said note and interest; It is, therefore, ordered and adjudged that the plaintiff receover of the defendants the sum of $400.00 with 4{nterest from April 15th, 1928, and all costs of the action to be taxed by the Clerk. John L Milholiand Clerk Superior Court SESE ESET EEE FE 36 Sete te tb tess 4 North Carolina, In the Superior Court Iredell County. C L Williams, Receiver of the § . Commercial National Bank of b Statesville, N. C. § vs 4 JUDGMENT 4 fT H Miller and J A Miller, Jr. This cause coming on to be heard before me on Monday, May 26th, 1930, upon the verified complaint of the plaintiff and it appearing to the Court that the summons herein and copy of said complaint was duly served upon the @efendants on April List, 1950; And it appearing that this action is instituted for the recover ® upon a note of the defendants, executed by Miller Manufacturing Company to the Commercial Natiohal Bank of Statesville, N. C., and endorsed by TH Mil- ler and J A Miller Jr., for the sum $10,000.00 with interest from May 15th, 1928, subject to a credit of $400.00 on January 13th, 1929; And it appearing that the defendants have not filed an answer within the time allowed by law and that the plaintiff is entitled to judg- ment by default final for the sum of $10,000.00 with interest from Mayléth, 1928, subject to cerdit of $400.00 on January 13th, 1929; It is, therefore, ordered and adjudged that the plaintiff re= cover of the defendants the sum of $10,000300 with interest from May 15th, 1928, subject to a credit of $400.00 on January 13th, 1929, and all costs stion to be taxed by the Clerk, John L Milholland Clerk Superior Court North Carolina, In the Superior Court Tredell County. Bafore the Clerk. Peoples Loan and Savings Bank of Statesville, N. C. jo Gaither, T W Woodside, Fr B Gaither, and OG Silis. Q 4 va f FINAL JUDGMENT { q This cause coméng on to be heard before the undersigned Clerk of the Superior Court of Iredell County, North Carolina, an this Monday, May 26th 1930, upon motion made by Attorney J B Glover Jr. for plaintiff, for judgment by default final, and it appearing to the Court that summons was is- sued herein on the 2ist day of Bebruary 1950; that said summons together with a copy of the complaint was served on the defendants on the 256H day ofFebru- aryl930; that on the 20th day of February 1950 the plaintiff filed a duly ver fied complaint with the Clerk of the Superior Court of Iredell County, demand ing a sum certain in money due on a written instrument, to-wit: A certain pre missory note; it further appearing to the Court that the time allowed for the defendants to answer has elapsed since the service of the summons and comp=- laint upon the defendants; that no answer, demurrer or other pleadings or motion has been filed within the legal time, by the defendants, that no e6x~ tention of time within which to plead or move has been reauestéd or granted to the defendants; and it further appearing that the plaintiff exhibited to the Court the aforesaid note and that there appears to be due on said obliga- tion the sum of $417.72 (Four hundred and seventeen dollars and seventy two cents) with interest at six per cent per annum from February 20 1950; THEREUPON, IT IS ADJUDGED, DECREED AND ORDRRED, thet the plaintiff recover of the defendants the sum of $417.72 with interest on the same at the rate of six per cent per annum, from*February 20 1950 until paid; to- gether with the cost of this action to be taxed by the Clerk of the Court. This, Monday May 26th 19350. John L Milholland Clerk Superior Court. SRE TERETE PRE abies North Carolina, In the Superior Court Tredell County. Before vhe Clerk R F Davidson vs . JUDGMEN ? C S Brawley and C B Morrison This cause coming on to pe heard, and being heard before His Honor, John L Milholland, Clerk of the Supericr Court of Iredell County, and it appearing to the Court that Summons was issued in the above entitled mat. ter on the second day of August, 1929, and that at the time of issuance of Said summons, a duly verified complaint was filed in the office of the Clerk of this Court and that a copy of the summons and a copy of the Complaint was served on the defendant, CS Brawley, on the 2nd day of August, 1929, and that the time for filing an answer or demurer has now expired and that no answer or demurer has been filed by the saidcs Brawley on or before this, » and it further appearing to the Court that the plaintiff is entitled to the refief demanded in the complaint; the 2nd day of September, 1929 NOW, THEREFORE, it is considered, ordered and adjudged that the Plaintiff recover of the defendant, C § Brawley, the sum of $622.28, with interest on $233.67 from March 4th 1928 and interest on $428.61 from Sept- ember 2nd, 1927, and the costs of this action to be taxed by the Clerk, This, the 2nd day of Beptember, 1929, John L Milholland Clerk Superior Court North Carolina, In the Superior Court Iredell County. Simplimus Incorporated 4 vs 4 JUDGMENT Roland G Hill, trading as $ Playhouse Theatre, and § Amusement Enterprises Incorporated 4 This cause coming on to be heard, the plaintiff being represent- ed by H L Strickland of Charlotte, N C and the defendant being represented by Hugh G Mitchell, Statesville, Nn, Ce, and ot appearing to the Court that the plaintiff through its Attorney has agreed to accept the sum of $182.02, and the cost of this action to be taxed by the Clerk, in full settlement, accord and satisfaction of this cause, aud the defendant through its Attorney has agreed to pay the Plaintiff the aforesaid sum of money. NOW THEREFORE, for and in consideration of the aforesaid sum of monéy paid to the plaintorr by the defendant, through its Attorney, the Plaintiff has remised, released, and hereby does remise, release and forever discharge the said Roland G Hill, and Playhouse Theatre, and Amusement En- terprises Incorporated, its Successors and assigns, from any and all manner of, or causes of action or actions, suits, damages, judgments, executions, claims or demands, in Connection with this cause, growing out of certain sale of certain talking picture machines and appliances, or any and all things in connection therewith; and the defendant, by these presents, retas leases and discharges the Plaintiff from any and all manner of things, _ Sum of $477.95 with interest from date said note being dated July 29th, 1929; 4on or causes of action, in connection herewith, IT IS THEREFSRE, ordered, adjudged and decreed, that the plaintirr ve and recover of the defendant the aforesaid amount of $182.02, and the st of this action. This the 51 day of May, 1930, John L Milholland Clerk Superior Court. We consent to foregoing judgment and release: H L Strickland Attorney for plaintiff Hugh G Mitchell Attorney for defendant Nobth Carolina, 4 In the Superior Court Iredell County. Q C L Williams, Receiver of the j§ Commercial National Bank of 0 vs } JUDGMENT Cary C Roshamer § This cause coming on to be heard before me on Monday, June end, 1930, upon the verified complaint of the plaintiff and it appesring to the Court that the summons herein and copy of said complaint was duly served upon the defendants on May lst, 1930; And it further appearing that this action is instituted for the recoy- ery upon a note of the defendant, executed by the defendant to C L Wid Receiver of the Commercial National Bank of Statesville, North Caroli And it further appearing that the defendant has not filed an answer q b within the time allowed by law and that the plaintiff is entitled to judgment by er default final for the principal sum of said note and interest, subject to paym of $50.00 on July 29th, 1929; It is, therefore, ordered and adjudged that the plaintiff rec a the defendant the sum of $387.95 with interest from July 29th 1929, and of the action to be taxed by the Clerk. John L Milholland Clerk Superior Court Worth Carolina, . In the Superior Court Iredell County. C L Williams Receiver of the Commercial National Bank of Statesville, N. C. vs JuDeGe?R aU T R F Armfield This cause coming on to be heard before me on Monday, June 2nd, 1930, upon the verified complaint of the plaintiff and it appesring to the Court that the summons herein and a copy of said complaint was duly served upon the defendant on May 30th, 1950; And it further appearing that this action is instituted for the rec- overy of a note of the defendant, executed and delivered to the Commercial Nat- {onal Bank of Statesville, Borth Carolina, for the sum of $5000.00 with inter- est from May 27th 1928, until paid, and that said note is secured by fifty shares of the capital stock of the Armfield Veneer Company of the par value of $100,00 per share; Ana it further appesring that the defendant has not fihed an answer within the time allowed by law and that the plaintiff is entitled to judgment by default final for the sam of $5000.00 with interest from May 27th, 1928, until paid, and that said note is secured by fifty shares of the capital stock of the Armfield Veneer Company; It is, therefore, ordered and adjudged that the plaintiff recover of the defendant the sum of $5000.00 with interest from May e7th, 1928, until paid, and all cost of this action to be taxed by the Clerk. It is further ordered and adjudged that the 50 shares of the capital stock of the Armfield Venser Company, deposited as collateral of said note, be ereby condemned to be sold and that E M Land be and is hereby appoint- oner to make said sale at any time at the Court house Door 4n State- sville, Irede!1 County, Nortt Carolina, after first advevtising the said sale at the Court House Door for twenty days and in the Statesville Daily and that the proceeds of said sale, after payment of all cost thereof be applied as a credit on this judgment. John L Milholland, Clerk Superior Coirt % % MSG08% 564 $4 RN NW Es 3¢3 forth Carolina, In the Superior Court tredeil County. crane Company 4 vs 4 JUDGMENT NON-SUIT Conner Bryant Hardware Co. 4 This cause coming on to be heard before the undersigned Clerk, and 4t appearing to the Court that the defendant has been adjudged a bankrupt, and that the plaintiff desires to take a voluntery non-suit in this action. tt 6, therefore, ordered thet the plaintiff be and it-is hereby nom suited and taxed with cost of this action. This 9th day of June 19350. John L Milholland, Clerk Superior Court M477) (* ean North Carolina, } In the Superior Court H Iredell County. 4 ae John EK Hurst & Company 5 vs JUDGMENT W P Carpenter, J T Matthews and W B Goodman, partners trading as W P Carpenter Company. This cause coming on to be heard before the undersigned Clerk of . ey ~% tn m1 the above the Superior Court, it appearing to the Court that the summons in th ) entitled action was issued from this Court on the sist day of March, 1950, at which time plaintiffs verified complaint was filed in this office and it ap- I pearing to the Court that a copy of the summons together with a copy of comp- : : the she laint was served on the defendants 6n the 2nd day of April, 1930, by the Shere iff 7 psed since the iff of Iredell County and that more than thirty deys have ela ; p } th they have fail- service of 3a j a sumn ons and complaint wuDven def endants and shat h a } sausing an issue of ed to enswer orvdemur to the plaintiff's cause of action causing fact to be raised. And it further appears to the Court that the plaintiff's cause of ace instruments, to-wit: dave to the plaintiff the sum 4 egotiable notesg tion is based upon five (5) written five neg and that there is now that the amout certain, of bos moungul Be. pundrea Thirty and 86/100 Dollars ($1530.86) with inter= est from the 16th day of May, 1920, untdl paid. 374 It is therefore ordered and adjudged that the plaintiff recover of the defendants the sum of $1530.86, with interest from the 15th day of May, 1929 at the rate of six per cent and that the defendants be taxed with costs, This 9th day of June 1950. John L Milholland Clerk Superior Court North Carolina, 4} In the Superior Court Iredell County. \ The Wallace Brothers Company 4 \ \ vs 4 JUDGMENT J GO Fortner, Mrs E V Fortner |} snd Howard B. Fortner t This cause coming on to be heard before the undersigned Clerk of the Superior Court, and it appearing to the court that summons in the above entitled action was issued from this office on the 8th day of April, 1950,at which time plaintiffs verified complaint was filed in this office and it ap- pearing to the Court that a copy of the summons together with a copy of the complaint was served on the defendants on the 12th day of April, 1950, by the Sheriff of Alexander County and that more than thrity days have elapsed since the service of said summons and complaint upon the defendants and that ‘the defendants have failed to answer or demur to the plaintiff's cause of action moatating a £aaue PaLsink nN 1i8SS8SuUC.e It further epnears to the Court that the plaintiff's cause of ace’ tion is based on three (3) written instruments, to-wit: three (3) notes given bv the defendants to the plaintiff, totaling Three Hundred Twenty One and 20/100 ($321.20) Dollars as set out in the verified complaint of the plain- tiff. It is therefore considered, ordered and adjudged that the plaintiff recover of the defendants the sum of $3521.20 with interest at the rate of six ner cent from the first day of July, 1927, and that the defendants be taxed with the cost of this action. Thos 9th day of June 19350. John L Milholland Clerk Superior Court te see Mae tesess ete orth Carolina, In the Superior Court ‘Tredell County. wre Addie Moore Hager, Miss ) Wyrtie Hager and J A Hager, 4 administrators of the Estate ) bof J W Hager, Deceased 4 vs ) JUDGMENT § Max Rones. Tis cause coming on to be heard before the undersigned Clerk of the Superior Court, and it appearing to the Court that summons in the above entitled action was issued from this office on the 6th day of May, 1950, at which time plaintiffs verified complaint was filed in this office and it appear ing to the court that a copy of the summons together with a copy of the comp- Sth day of May, 1930, by the Sheriff q jaint was served on the defendant on tne of Guilford County. Ana it further appears to the Court that more than thirtv days have elapsed since the service of said summons and complaint and the defendant j has failed to answer or demur to the plaintiffs cause of action, it having 9 been based on ean amount stated. The same being rents on toy lding locat- ed on the North side of Kast Broad Street, in the su of Four Hundred Dollars ($400.00) and also the sum of One Doliar ($1.00) protest fee, 4+ having been charged to the plaintiffs on a check given by the defendant to the plaintag to Nay 1, 1930. All said rents having been due up to and prior It is therefore ordered, considered, and adiudced that the pl — 1 and Oné 1 b3 tiff recover of the defendant the sum of Four Hundred and Oni Dollars ($401.00) fenam Nay | IOSD a hat together with interest at the rate of six per cent, from '8y “, 1950, and that the defendant be taxed with the cost of this actione This 9th day of June 1930. John L Milholland, Clerk Superior Gourt North Carolina, In the Superior Court Iredell County. Signode Steel Strapping Co. | vs ' JUDGMENT Armfield Veneer Company 4 This cause coming on tc be heard before the undersigned Clerk of ed in the Superior Court, and it appearing to the Court that er was issu the above entitked action on’ ‘he 9th dey of May, 1930, @% verified complaint was filed in this office and thet Cop 376) XE complaint was served upon the defendant on the 9th day of May, 1950, by the Sheriff of Iredell County, and that more than thrity days have elapsed since the service of said. summons and complaint, and that the defendant has failed to answer or demur to the plaint®fs cause of action causing an issue of fact & to be raised. It further appears to the Court that plaintiff's cause of action is based upon a contract for goods, wares, and merchandise sold and delivered to the defendant by the plaintiff and that there is now due upon said contract Two Hundred Forty Two and 33/100 Dollars ($242.33) with interest from 21st day of October, 19298. Tt is therefore ordered and adjudged that the plaintiff recover of the defendant the sum of $242.33)with interest from 21st day of October, zt 1929, and that the defendant be taxed with costs of this action, This 9th day of June 1950, John L Milholland Clerk Superior Court. North Carolina, In the Spperior Court. Tredell County. CL Williams, Receiver of the Tommercial National Bank of nt tatesville, N. C. vs 4 Clark, J B Watgh and t ) This cause coming on to be heard before me on Monday, June 16th, 1930, upon the verified complaint of the plaintiff and it appearing to the Court that the summons herein and copy of said complaint was duly served up- on each of the defendants onnMay 12th 1930; Ana it further appearing that this action is instituted @or the recovery upon a note of the defendant C L Clark as principal anc C c Clark and J B Waugh as suréties for the sum of $375.00 with interest from Nay Ast 1928, to the Commercial National Bank of Statesville, N. Ce5 And it further appearing that the defendants have not filed an answer within the time allowed by law and that the plaintiff is entitled to judgment by default final for the principal sumoofrsaid note and interest; It is therefore, ordered and adjudged that the plaintiff re- cover of the defendants the sum of $375.00 with interest from May 1st,1928, and all cost of the action to be taxed by the Clerk. John L Milholland, Clerk Superior Court th TERE es sesese sett North Cerolina, In the Superior Court Iredell County. ¢ B Rufty, Executor of the “state of Mrs Salina Rufty, dectd and C B Rufty, assignee. vs R FP Davidson, Press Davidson, Roy Davidson and J C Davidson, Executors of the estate of J A Davidson, aectd and RK F Davidson and BL Phifer. This cause coming on to be heard before the undersigned Clerk of the Superior Court of Iredell County, and it appearing to the Court that sume mons in this action was issued on the 12th day of May 1930, and It further appearing to the Court thet e summons and a verified copy of the complaint was served on each of the defendants, R F Davidson, Press Davidson, Roy Davidson and J C Davidson, Kxecutors of the estate of J A Pavidson, dec'd, and that a summons ana verified copy of the complaint was served on the defendants, FR F Davidson and E L Phifer, on the 13th day of May 1930 by reading to each of said defendants said summons and verified copy of said complaint and by leaving with each of said defendants a copy of said summons and a copy of the verified compleint; end. « It further appearing to the Court that none of seid defendants ee | | ery r+ have answered or demured to the complaint within the time required by Sectior 4796 of the Consolidated Statutes of North Carolina, and It further appearing to the Court that the defendants are indebted 2 0 bucks Lle + to the plaintiff in the sum of ($300) Three Hundred Do lers, with interes thereon from the llth day of September 1924 at 6% interest until paid, seid interest to be computed anbually ana for the cost of this actione It is therefore, considered, ordered and adjudged by the Court that dhe , * Larned the plaintiff recover of the defendants the sum of ($3500.00), Three Hunarec - @Y 92 5% +t Dollars, with interest thereon from the llth day of September 1924, at 9; © be computed annually until peid and for the cost of this action. This the 16th day of Jun®, 1930. John L Milholland, Clerk Superior Court. See Te TEENS HE Se ieee eT 378 North Carolina, In the Superior Court Iredell County, Before the Clerk, C. I. TT. Corporation 4 vs — JUDGMENT J W Owens and Rosie M Owens 6 This cause coming on to be heard, end being heard, before His Honor, John L Milholland, Clerk of the Superior Court, and it appearing to the Court that summons was issued in the above entitled cause on the end day of May, 19350 and that et the time of the issuance of said Summons a duly verified comp- laint was filed in this office, and it further appearing to the Court that a copy of the summons and complaint were served on the defendants on the 5rd day of May, 1930, and thet no answer or demurrer has been filed on or before this, the 16th day of June, 1930, and that the time for answering, demurring or otherwise pleading has now expired; and it further appearing to the Court from the allegations in the complaint that the Plaintiff is entitled to the relief demanded; NOW, THEREFORE, it is considered, ordered and adjudged that ths Plaintiff recover of the defendants, J W Owens and Rosie M Owens, and each of them, the sum of $643.62, with interest from the 14th day of May, 1929, to- gether with the costs of this action to be taxed by the Clerk of this Court, June 16, 1930, John L Milholland, Clerk Superior Court Ssbt stats: North Carolina, 4 'In the Superior Court Iredell County. 4 Before the Glerk J H Yount ' vs CONFESSION OF JUDGMENT of J A Davidson, Deceased, John M Sharpe & T W Woodside, ) Ross F Davidson, Extr Hstate § } ( We, Ross F Davidson, Exr Estate of J A Davidson, Deceased, John M Sharpe, and T Ww Yoodside, the defendants in the above entitled case, hereby confess judgment in favor of J gunt, plaintiff, for FOURTEEN HUNDXED THIRTY DOLLARS, and authorize My of judgment therefor a- gainst us on the 17th day of June, 1930, at 4:55 P. M,. 11. The confession of judgment is for a debt now judtly due from the above defendants to the said Plaintiff, arising from the following facts: On January 15th 1923 the plaintire made a loan of TWELVE HUNDRED AND FIFTY DOLLARS to said defendants, which loan has not been paid but is yet due the plaintiff together with ONE HUNDRED KIGHTY DOLLARS interest due on said note on May 25rd, 19350, making a total amount due and unpaid of FOUR- TEEN HUNDRED AND THIRTY DOLLARS, which said sun is due to said plaintirr over and above all just demands that we have against J H Yount, R_F Davidson, Extr of J A Davidson, Jno, Ni. Sharpe | T W Woodside Ross F Davidson, Exr Estate of J A Davidson, Deceased, John M Sharpe and T W Woodside, being duly Sworn, Says that the facts stated in the above confession are true, and that the amount of judgement confessed is justly due the plaintiff. R_F Davidson, Extr of J A Davidson _ Jno. \. Sharpe TW oodside Sworn to and subscribed befor? me, this the 17th day of June, 1930;at 4:35 P.M:. John L Milhollanda, Clerk Superior Court, North Carolina, In the Superior Court Iredell County, Before the Clerk Mé@lver Reavis and Esta Reavis, JA Renegar, Executor t of W S Grose, deceased 4 vs ' JUDGMENT FINAL | BEFOR# CLERK ON NOTE, } This cause coming on to be heard and being heard before the under- signed Clerk of the Superior Court of Iredell County, North Carolina, on Mon- day, the 23rd day of June, 1930, and it appearing to the Court that summons in this action wa@ caused to be issued by she plaintiff from the Clerk of the Superior Court of Iredell County on the 14th day of May, 1950, returnable a8 provided by law and served upon each of the defendants by the sheriff of Davie County on the 19th day of May, 1930, as provided by law, and that a duy verified complaint was filed in the above entitled action on the 14th dag of May, 1930; and it further appearing to the Court that neither of the defend- ants have filed answer or demurred to the complaint filed in the above en- titled cause; 379 S mea rate siti nanan lata ase It further appearing to the Court that on or about the 9th day of December, 1920, the defendants, Melver Reavis and Esta Reavis, being indebted to the said Sanford (WS) Grose in the sum of $350.00, made, ex- eguted and delivered to the said Sanford (W 8S) Grose a promissbry note under seal, due and payable on the Oth day of December, 1920, with inter- est at the rate of 6% per annum due and payable annually from December 9, 1920; and it appearing to the Court that there is credited on the said note $9,00 due by six days work st $1.50 per days and further credited by the payment of $15.00 on September 25th, 1925. It am further appearing to the Court that this is a cause of action upon a promissory note for «4n amount certain and that more than thirty days have elapsed from the service of said sywmmons and that the defendants, Melver Reavis and Esta Reavis, have not demurred to the comp- laint, or raised ang issue of fact, and it appearing to the court that the plaintiff, J A Renegar, Executor of W 5 (Sanford) Grose, deceased, is en- titled to recover of the defendants, Melver Reavis and Esta Reavis, the sum of $513.58 with interest thereon from June 25, 1950 at the rate of 6 ver centum per snnum payable annually until paid, on account of said note. It 1s, therefore, ordered, adjudged and decreed by the Court that the plaintiff, J A Renegar, Executor of WS (Sanford) Grose, deceas- ed, recover of the defendants, Melver Reavis and Esta Reavis, in this ac~ tion, the sum of $513.58, with interest thereon at the rate of 6 per cent- um per annum, due and payable annuslly from the 23rd day of June, 19350, until paid and the costs of this action to be taxed by the Clerk of this Court Tis the 23rd day of June, 1950. John L Milholland Clerk Superior Courte Bailie Tomlin of said C A Tomlin Heirs; thence w In the Superior Court “i ' JUDGMENT 4, A Tomlin ' This cause coming on to be heard and being heard before His Honor, John M Oglesby, Judge Presiding, upon the pleadings filed in this cause, and it ap- pearing to the Court that summons in this action was issued on 16th day of Jan=- vary, 1929, to the Sheriff@ of Yadkin and Iredell Counties and returned by the sheriffs of Yadkin and Iredell Counties "défendanteriot to be found" and affidavt having been made by the plaintiff that the defendant was not to be found in Yad- kin and Iredell Counties, and could not, after due diligence, be found within the State of North Carolina; that attachment was issued against the property of the defendant to the Sheriff of Iredell County, whereupon the said Sheriff duly levied upon the following described property of the defendant: "one tract of 156 acres, owned solely by the defendant, A A fomlin, described as follows: BEGINNING at a point of Little Rocky Creek known as the “cow Ford" and coener of the dower tract, and running North 5 east 40 poles to a stake, corner of Lot No.1; thence North 65 West 45-2/5 poles to a stake, corner of Lot No. 2 in the line of Lot No.l; thence South 28 West 100 poles (crossing the creek at 70 poles) to a stake; thence South 120 poles to @ stake in Bob Church's line, corner of Lot No 2; thence South 84% East 18 poles to an iron stake, Allison's corner; thence Sotth 87 East 158 poles to a stake, Alli- son's corner; thence South 50 East 3 poles to a iarge hickory, Allison's corn- er; thence North 60 18 poles to a maple on Rocky Creek; thence up the Creek from 8 poles from hickory as follows: North 30 West 18 poles and North 4 West 10 poles and North 33 East 20 poles and North 71 East 10 poles and North 5B East 10 poles and North 23 West 14 poles and North 43 West 10 poles and North 20 West 12 poles and North 15 West 10 poles and South 61% West 10 poles and North 81% West 8% poles to Allison's line of the Caldwell meadow; thence South 25 Kast about 12 poles to a stone; thence South 70 West 33 poles te @ stake; thence North 84 West 22 poles to a stake; thence North 20 West 24 poles to a stake; thence North 33 West 97 poles to the BEGBNNING, containing acres, more or less, and being the identical land described as Lot No 3 in Re- port of Commissioners, recorded in Deed Book 78 page 538, in office for Regis- ter of Deeds for Iredell County, North Carolina". An undivided half interest in the following described tract: "Situated, 1 ahd being in Olin iownship, the Town of Olin, * at Seneaee as follows: BEGINNING at a red oak, Claudia B Tomlin's corner on the line of said C A Tomlin Heirs, and running thence with the line of C A Tomlin Heirs South 89 Bast 47 poles to e stone, corner of C A Tomlin Heira; thence with line of © A Tomlin Heirs South 4 West 57 poles to a stone, corner of said © A Tomlin Heirs; thence with the line of C A Tomlin Heirs, cr 89 poles to a stone, corner of OCA » Grossing the reed, Herth S gobs to corner of said Tomlin Tomlin Heirs; es to a stone rs; thence North 6 West 32 pol Pater cenen on we Tine Heirs; thence South t 40 poles to a stone, HA : outh 86 Has po eh ouké Gill's line, crossing the road, 8 South 15 Kas gaia Gill's corner; thence with his line Vas esta ta aia on the West side of big Rocky Creek, formerly South 3 West 25 poles to a stake 0 & sycamore said o411's corner; thence with said Gill's line and center of me Rocky Creek said O11l'e corn £6 West 22 poles; South 62 west 20 poles sGige os les; South 89 West 52 poles; 26 poles ‘oe stuns on bank of eaia Rocky Creek, said Gill's corner on the ae of T J Allison estate; thence with the line of said Allison estate North 6 eee 18 poles to a stake, corner of said estate; thence with the line of said a son sesh South 60 West 53 poles to a stake, ee ae — ALi oe oat aT shite ns as ro fy 4 ; thence with A A Tomlin's line, cross2ng a; arate" about two miles South of -to a stake cow ford | in Little Rocky Creek at ‘aoan t 210 poles to the With his and Claudia B Tomlin‘'s line N 5 Kast containing 355 acres, more or less, and being all of Lot No 4 A Tomlin and Frank A Tomlin by the commiasioners in the special proceeding en. titled "Alfred A Tomlin, et al Ex Parte", which is recorded in minute docket #14, page 71 to 81 of records of special proceedings for Iredell County, N. ¢ and also being the identical land described in deed from N D Tomlin and wife to Grace C Tomlin, bearing date of November 7, 19035, recorded in Book 29, page 586, of records of deeds for Iredell County, N. C. reference to which is here. by made for a more complete description, A reversionary interest in the following described tract, to-wit: "BEGINNING at a stake, Tomlin's corner on Rocky Creek, runni West 85 poles to a stone, Tomlin's corner; thence South 5 East 32 stone, Tomlin's corner; thence West 90 poles to a stone West of branch, Tomlin corner; thence North 4 East 47 poles to a stone at the road; thence west with Tomlin's line 131 poles to a stone in R L Tomlin'ts line; thence with his line near North 124 poles to a stone, his corner; thence North 13 West 23 poles to a stone his corner; fhence South 87 East 76 poles to a stone on the road, Tom- lin's corner; thence North 7 Best 52 poles to a stone; thence North 13 West 58 poles to a stone, corner of Holman tract; thence East 48 Poles to a stone in the line of said tract; thence South 37 poles to a stone, corner of Holman and Dobbins tranés; bhance East 68 poles to a white oak on the creek; thence g@ Gown the creek to the BEGINNING, containing 320 acres, more or less, and bei the identical land described in Report of Jurors alloting dower, in Special Proe ceeding entitled, "Mrs M J Tomlin, widow of C A Tomlin, deceased, VS Alfred Augustus Tomlin et al", said proceeding allotting dower to Mra M J Tomjin, be- ing recorded in Book lOmpages 320, of Special Proceeding records fn the office of Clerk Superior Court of Iredell County, N. Cc." ng North 86 poles to a It further appearing to the Court that service of summons by publica- tion was ordered by the Clerk of this Court commanding the defendant to appear on the 10th day of May, 1929, and that proof of service having been duly filed in this Court and it being found as a fact that proper service by publication has been had upon the defendant ahi that he is now in Court , It further appearing to the Court that Plaintiff is entited to main- tanence and support for herself and her infant child, age about eight months, and that she is entitled to a reasonable allowance for the support of herself and her infant child out of the estate of the defendant, It further appearing to the Court/bading found as a fact that the B Plaintiff and defendant were duly married on the 23ra day of March, 1927, and that defendant, on or about August 2, 1928, abandoned plaintiff and left the State of North Carolina, and has since failed to provide her with subsistence and maintenance, It further appearing to the Court that a reasonable allowance for the maintenance and support of the plaintiff and her child up to the present time is $600.00. IT IS, THEREFORE, OREDERED, ADJUDGED AND DERCEED that the plaintiff be allowed judgment against the estate of the defendant in the sum of $600.00, and that Avalon E Hall be paid the sum of $150.00 as counsel for the plaintiff and to the end that judgment be and hereby constitutes a lien upon the afore- decribed property. It is further ordered, adjudged and dewreed that the plaintiff be allowed out of the estate of the defendant the sum of $40.00 per month from the date of this order until further ordered by the Court. allotted to Alfred It is further ordered that attachment in this cause be made absolute, It is further ordered, adjudged and decreed to the end that this judg ment and the cost of this action, together with the aforesaid attorney's fee, be satisfied that D L Raymer, Esquire, be and he is hereby appointed Trustee to sell all of the right, title and interest that the defendant has in the aforesaid mentioned property, or so much thereof as may be necessary to satis- fy said judgment, at public auction, to the highest bidder for cash, after first advertising the same at the Courthouse Door of Yadkin County and at the Courthouse Door of Iredell County for thirty days, and publishing a notice of said sale in some newspaper published in Iredell County for four consecytive weeks next preceeding the day of sale, and the said D L Raymer, Trustee, is hereby authorized and empowered to collect the rents and profits of the aforesfesGribed property, and apply the proceeds of said sale, to the satisfac tion of this judgment, it is further ordered, adjudged and decreed that the said D L Raymer Trustee, shall endeavor to locate preserve and keep any other properties be- longing to the defendant that may be found within the State of North Carolina, and if he should find any other property in which the defendant owns any int- erest, he shall immediately cause to be issued from this Court a writ of at- tachment, and report his findings to the Court, This cause retained for further orders, This 11 day of December, 1929. Jno. M. Oglesby, Judge Presiding, North Carolina, In the Superior Court, May Ter, 1930. Yadkin County. \ \Sallie Tomlin ' N vs t ORDER A A Tomlin j This cause coming on to be heard and being heard before His Honor, \ F Harding, Judge Presiding, and it appearing to the Court that D L Raymer, Esq., was formerly appointed by the Court as trustee in this cause and that Said DL Raymer has expressed his desire to withdraw as trustee; IT IS, THEREFORE, on motion of A¥a#lon E Hall, attorney, for the Plaintiff, ORDERED AND ADJUDGED that J T Reece be, and he is hereby, appoint- ed as trustee in the place and stead of D L Raymer, formerly appointed by this Court as trustee, said J T Reece, Trustee, to have all of the power and auth- ority that was conferred upon D L Raymer, trustee, in a former order of this Court, 0. This the 20th day of May, 193 W P Harding ; Judge Presiding. O83: North Carolina, Yadkin County. I, J L Crater, Clerk of the Superior Court of Yadkin County, do hereby certify that the @oregoing are true and correct copies of the judgments in the action pending between Sallie Tomlin versus A A Tomlin as appears of record in my office in Books "C# & 4, pages 237 and 432. Witness my hand and official seal, this the 23rd dau of June, 1930, J L Crater, Clerk of the Superior Court of Yadkin County, N.C. Wh 5 Se ees es Soha cede thss North Carolina, In the Superior Court Iredell County. Before the Clerk. Grace A Privette, 4 \ Plaintiff. 4 \ \ ve ’ JUDGMENT OF NON-SUIT W F Privette, § Defendant ' a If appearing to the Court that the matters at issue, in this ac- tion, raised by the complaint and answer, have been compromised by the plain- tiff and defendant; and it appearing that the Plaintiff desires to take a non- suit in this action; au ey therefore, upon motion by Raymer & Raymer, Attorneys for the Plaintiff, ordered that the said plaintiff be, and she is hereby allowed to take a voluntary judgment of Non-suit in this action, This the 20 day of June, 1930, John L Milhollend, Clerk Superior Court 0 SORESE TESETE TS IE Le Sete te ect ett ete te North Carolina, In the Superior Court Iredell County. eleigh Hardware Company, a Seiten: in behalf of itself and all other creditors who may come in and make themselves plaintiffs in this action. FINAL REPORT oF RECEIVERS vs AND MOTION To REMOVE, Conner=Bryant Hardware Company, a corporation, The Receivers in the above entitled action, ceme into Court and make their report and say: (1) ' That pursuant to an order of John Ki Oglesby, Judge of the Fif- teenth Judicial Dis&rict, @id on the 27th day of March, 1930, entered upon their duties as such Receivers. That the Receivers made an inventory of all the stock, fixtures, and accounts of the said Comner-Bryant Hardware Company and id advertise for a sale of the property belonging to Conner-Bryant Fard- ware Company in both the Charlotte and Statesville papers and that they made a diligent effort to find an advantageous sale of said property. (2) That thereafter on the llth day of April, 1930, some of the creditors filed a petition in the United States Zourt of the Western Distri¢ of North Carolina alleging that the Conner=-Bryant Hardware Company had com- mitted and act of bankruptcy and prayed the Court to declare this said corp- oration a bankrupt. Whereupon notice was served upon the Receivers and on the Conner=-Bryant Hardware Company to show cause why they should not be ad- justed a bankrupt and also serving an order on the Receivers impounding the assets of the Conner-Bryant Hardware Company until tge afore-aaid hearing could be had and determined, That pursuant to said order the Receivers and the attorneys prepared statements to be used in the bankrupt hearing and appeared at said hearing and latter upon request of the Court prepared a brief to enable the Court to intelligently render a decision as to the pro- bability of bankruptcy. (3) That some time thereafter a decision was rendered by Hon Issac T Avery, acting a special master declaring that the said Conner-Bryant Hard- Ware Companyhad comhitted an act of bankruptcy whereupon his Honor E Yates Webb, Judge of the Federal Court for the Western District of North Carolina declared the said Conner-Bryant Hardware Gompany a bankrupt and since said order a meeting of the creditors was held and trustees appointed to dispose of the estate of the Conner-bryant Hardware Company. (4) In addition to the work as above set out the receivers have Collected fpom the accounts of the Conner-Bryant Hardware Company and from @ach found in possession of the Conner-Bryant Hardware Company, At the 71Ae it was placed in Receiver-ship the sum of Five Hundred Fifty-eight and = ($558.71) and the Receivers have paid out for preferred claims cee eases said Receivership same being for salaries, rent, stamps for mailing 3 8, etc., $557.95, a copy of the receipts and disbursements are as follows: RECEIPTS 1930 Nar 27th- Received from cash drawer and bank te 4 Apr lst- Jno Morrison milk bottles 42.75 Apr 7th- Received for store 180 Apr 7th- = F B Holland, acct. 1.67 Apr 7th- § MeLin 8. Choate “90 Apr. 7th- Bloomfield M&g Co. 65 Apr 7th- H F Long ‘ Apr 7th- Sbatesville Ghamber of Commerce £88 Apr 9th- T O Morrison 386 Apr 9th= Apr 9th=- Apr 9th~- Apr 9the- Apr Apr Apr Apr Apr Apr Apr Apr Apr Apr Apr Apr Apr Apr Apr Apr Apr Apr Apr Apr Apr June June June June June June June June June June June June June June June 9th- 9th- 9th=- 9th- 10th-~ 10th- 10th=- 10th=- 10th- 9th= 10th- 10th= 10th=- 10th- 14th- 15th- Z2ist- Ziste 2iste 21 at ~w Rist- 9th= Sth- 9th- 9th- othe oth=- LO0th=- 1LOth- Belks Dept Store F Guerrant Statesville Veneer Co Iredell O11 Co Cc B Herman Statesville Furniture Co Longs Sanatorium The Atlantic Refueling Co Coca Cola Bot. Co. City of Statesville WH Wrtght Tarheelia Inv. and Realty Co. Mrs C L Shook Mrs Thad Sommers First National Bank Mrs Cora E Wiley BM Edgar Iredell County Archie Bost Fredrickson Motor Express Corp Sherrill Lumber Eo. J T Morrison Holland Bros. Mrs J B Cooper Flora Wallace- Dillon Vitt Underwear Co Fiake A Sherrill Owen Mulkey Clyde Troutman W C Sanders Mrs A W Bradley J LPoston Efirds Dept Store 16th- J C Brown LOth=- St John's Luthern Church 10th- Gulf Refining Co 10th- 10th- A J Hoover 9th- 9th=- Apr §th- Apr 4th- Apr 9th Apr 9th- Apr 10th- Miss M Edwards Apr l10th- J W Beaver Ernest Johnson (Cal) Monticello School DISBURSEMENTS Stamps for mailing bills Joe Sharpe- 5 da C B 6 da Rec's Labor Glenn McLelland preferred claim Labor Wayne Sharpe " " " " n " Apr 10th- Charlotte Observer Receiver's sale notice Apr-10th- Statesville Daily " . May ls$- May ist- May ilst- May lst- from the that the Court make an a Federal Court Clerk, fee for filing answer Protest fee on Gulf check Returned Home Kealty Co. Rents March 27 to Apr. 11 Jack Joyner, expenses Total Disbursements (5) That neither the Receivers nor the Attorneys have received any Conner=Bryant Hardware Company for the Court that they be allowed a fee of $100 for services render Llowance of $50 to the firm of Grier, Grier and Joyner for legal services rendered the Receivers. Therefore upon the foregoing petition and report the Receivers res pectfully pary the Court: (1) That the receipts and disbursements shown in the approved by the Court. $10.60 26.25 60.00 40.00 44.00 30.00 13.30 4.80 5.00 1.50 112.50 10.00 $ 357.95 @ervices and the Receivers req ea and ask paragraph four be (2) Tat the Receivers be allowed a fee of $100 for services rendered to ant Hardware Company and that the Attorneys be aljowed @ fee of $50 services rendered said Receivers, (3) That an order be made directing the Receivers to turn over to the frusteeax or Trustees in bankruptcy the assets now in their hands belonging to the said Conner-Bryant Hardware Company. (4) That an order be made instructing the Receivers to pay the cost of this actione Conner<Bry for legal Grier, Grier & Joyner, Attorneys for Keceivers. North Carolina,-- Iredell County. Robert A Collier being duly sworn deposes and says that he is one of the Receivers in the above petition, that he has read the petition and knows thetfacts stated therein that the same are true to his knowledge except as to those matters and things stated on information and belief, and as to those he believes it to be true. __R_A Collier Sworn to and subscribed to this 13th day of June, 1950. Hesde Blankenship Notary Public. My comm, “xps. Dec 1 1950. North Carolina, } In the Superior Court Iredell County. 9 Shapeleigh Hardware Company, & Corporation, in behalf of itself add all other creditors who may come in and make themselves Plaintiffs in this action, vs Conner-Bryant Hardware Company, a Corporation. This cause coming on to be heard hefore His Honor, John M Oglesby, Judge Presiding in the Fifteenth Judicial District, upon the petition of the Receivers for the Conner-Bryant Hardware Company, and it appearing A Court that the Conner-Bryant Hardware Co., has been adjudged & verre ow : aR Honor, E. Yates Webb, Judge of the Federal Court for the Western eres - 9 North Carolina, and that it wopla@ be necessary that the assets now in e ” of the Keceivers be transferred to the Trustees in Bankruptcy. It ae er . pears from the report of the receipts and aisbursemesnts of the Receé ee me d and that a fee for services same are proper and should be allowe chie and that the fee of $50.00 of $100.00 b ers is fair and reason ° for the steieanes mer tat services rendered by them to the Receivers 4@ fair and reasonable, It is, therefore, ordered, decreed and adjudged Ene 806 eran and disbursements of the Receivers be, and the same are hereby : oe are approved, The Regeivers are further orcered and allowed a fee 0 a ~ services rendered by them and @ fee of $50.00 for legal services ren the firm of Grier, Grier and Joynere It is further ordered that the Receivers pay the: 008 n me tion and after disbursing the foregoing items, it is ordered : 7 ane the remaining assets then in their hands be transferred and e ean the bond of Trustees in Bankruptcy for the Conner-Bryant Hardware Co. and tha the Receivers, upon such transfer, be discahrged. This 13th day of June, 1930. tao, ocala Jusge Residing in the Fifteenth Judicial District. ieee opt eer od 2 er oPE saeee —_— awers rs aS Sat ain 388 No. 533 North Carolina, Spring Term, 1950 Supreme Court. Iredell County. D L McKay t vs 6 SUDGM ESN T. A F Craven 6 This cause come on to be argued upon the transcript of the reccrd from the Superior Court of Iredell CGounty:- upon consideration whereof, this Court is of opinion that there 4s no error in the record and proceedings of said Superior Court. I is, therefore, considered and adjudged by the Court here, that the opinion ofthe Court, a8 delivered by the Honorable W J Adams, Justice, be certified to the said Superior Court, to the intent that the judgment is affirmed. And it is considered and adjudged further, that the plaintiff and surety do pay the costs of the appeal in this Court incurred, to-wit, the sun of Twelve and 15/100 dollars ($12.15), and execution issue therefor. A True Copy: Edward C Seawell Clerk of the Supreme Court. SRST AE EE Settee ae ee No.514 North Carolina } Spring Term, 1950. Suppeme Court. 4 Iredell County oe | of Statesville, Municipal corp. vs JUDGMENT Mrs Belle Wlaker Jenkins and Beulah Jenkins This cause came on to be argued upon the transcript of the re~ cord from the Superior Court of Iredell County:- upon consideration whereof, this Court is of opinion that there is error in the record and proceedings of said Superior Court. It is, therefore, considered and adjudged by the Court here, that the opinion of the Court, as delivered by the Honorable Heriot Clarkson, Justice, be certified to the said Superior Court, to the intent that the 4 judgment is reversed. And it is considered and adjudged further, that the defendants do pay the costs of the appeal in. this Court invurred, to-wit, the sum of qwenty eight and 55/100 dollars ($28.55) and execution issue therefor. Edward C Seawell A True Copy: Clerk of the Supreme court (Court Seal) Bee He TERE ER ES MN AEE EE North Caroline, {redell County. p H Hicks, trading and doing pusiness 48 Statesville Commercial Company, in pehalf of himself and all other creditors who may come in and make themselves plaintiffs in this action. ws JUDGMENT OF NON-SUIT. w C Ridenhour, trading and doing business under the firm name of Army Salvage Company. Mis cause coming on to be heard and being heard before the Hone John L Milholland, Clerk of Superior Court; And it appearing to the Court that wc Ridenhour, trading and doing business as Army Salvage Company, has been adjudged a pankrupt by the Federal, and bankruptcy proceedings having been in- stituted in the said Federel Court; If IS THEREFORE, on motion of Malcolm Cameron and W A Bristol, Attom neys for the plaintiff, ordered, adjudged and decreed that a judgment of non- suit be taken in the above styled cause. This the 2lst day of July, 19350. John L Milholland. Clerk Superior Court. North Carolina, | In the Superior Court Iredell County. % Farmers Warehouse and Oil Millis, Inc. vs JUDGMEN ? AL Deal, Hattie Deal and ilirs C J Deal. his cause coming on to be heard and 1% appearing that the complaint duly werified was filed in the above cause on June 18, 1950 and the summons was issued on June 18, 1930 and the summons together with a verified copy “ the cmplaint was served on each of the defendants on June 19, 1930 and it furtk er appearing that more than thirty days have elapsed since the service of the summons and complaint and that no answer has been filed, and it further appeare ing that the suit is bond on @ promissory note. It 1a therefore ordered end ad- Judged that the plaintuff recover of the gefendants the sum of $2682.78 with and interest thereon from May 1, 1927 at the rate of six per cent per annum due $18.00 on Aug 8, 1926 and $36,00 on Juy Payable annually subject to & credit of gainst the defendants. 10, 1930 and the cost of this action be taxed @ pMonday July, 1950. John L Milholland, Clerk Superior court. arses ete seater IN THE SUPERIOR COURT AUGUST TERM 1930 North Carolina, Iredell County. At a meeting of the Iredell County Bar Association in the office of Clerk of the Superior Court on Saturday Morning July l2th, 1930 it was moved and seconded that all contested Criminal cases where defendants aré not in jail be continued, unless in the opinion of the Court ana Solicitor and ime mediate trial is necessary, and all contested Civil cases for trial at the August Term of Superior Court be continued, Subject to the approval of the Judge and Solicitor, EXECUTIVE DEPARTMENT STATE OF NORTH CAROLINA, COMMISSION OF THE GOVERNOR TO HIS HONOR To HON. THOMAS L. JOHNSON One of the Special Judges of the Superior Courts of North Carilna -« GREETING: | WHEREAS, It has been made to appear to the satisfaction of the Ex- ecutive Department that good and sufficient reasons exist why J H Clement, one of the Judges of the Superior Court of North Carolina, is unable to hold the term of the Superior Court for the County of Iredell, beginning July 28th: NOW, THEREFORE, Ij; O Max Gardner, Governor of the State of North Caro- lina, by virtue of authority vested in me by law, do hereby commission you to hold said term of said Court for the County aforesaid, beginning on Mon# day, the 28th day of July, 1930, and continue until the business is disposed of, (mixed term) IN WITNESS WHEREOF, I have hereunto set my hand and caus- ed the Great Seal of the State to be affixed, this (STATE SEAL) the 18th day of July, in the year of our Lord one thousand nine hundred and 30, and in the one hund- red and 55th year of our Amerigan Independence, By the Governor: _O. Max Gardner _ Tyre C Taylor rivate Secretary. } 4 *2( IN THE SUPERIOR COURT 391 AUGUST TERM 1930 Monday July 28, 1930, eth Garplina, | In the Superior Court Iredell County. § August Term 1930, j Be it remembered that a Superior Court begun and held in and for the state and County aforesaid, on the 5th Monday before the lst Monday in September, 1930, the same being the 28th day of July, 1930, A D., when and where His Honor, f L Johnson, Judge Presiding and Holding Courts for the Fifteenth Judicial Dist- rict Fall Term, 1930, is present and presiding, end the Hon. Zeb V Long, Solici- tor,cis present and prosecuting in the name of the State. J. L. Sherrill, High Sheriff of Iredell County, is present and returned into open Court the names of the following good and lawful men to serve as jurors for the first week of this term of the Superior Court, to-wit: J M Howe The following were drawn and sworn as Grand-Jurors for the term: ard, W J Mason, J L Kennergy, W F Ostwalt, John W Crater, A Morrow, W A Heath- cox, Ira D Hefner, M T Waller, D Ww Rash, J R Bustle, J W Poole, WI Cash, JB Clodfelter, Nathan Ballard, Cc A Bass, Pink Crawford, and F L Early. F L Early, wes appointed and sworn as foreman of the Grand-Jury(¢ H F Heath, was appointed and sworn as officer of the Grand«Jury. T L. O'Kelly, C T Holton, wc Grose, Walter J Hager, and X £ Skukka were excused by the Court. JC Stutts was returned "Not to be found in Iredell County", Tha following were dwarn and sworn as petty jurors for the week; W F Ca JA Knight, Ac Russell, J A Daugherty, C S Smith, W H Wright, WG Hayes, C BE Goble, WH Renegar, R L Austin,. The following were drawn and sworn as talesman jurors for the week; TF Lippard, D I Troutman, N F Templeton, and Henry Howard, \o. 2 TO APPEAR AND SHOW GOOD BEHAVIOR. State Defendant appeared and showed good behavior. Continued unde a 4 former prder ER Long. ) \ Bee 2 j LARCENY “ree t Continued foribill. ! Sam Rogers : \m: § MURDER og } Continued by consent. : George Morrison, j Beate | TO APPEAR AND SHOW GOOD BEHAVIOR. ht § Continued under former order. Red Cline No. & State ) vs James Williams, i a vs Vernon Rash No. 7 State vs Herbert Morrison, No. 9 State ‘ae E B Cox No. 12- State \ vs \ ‘ Ni Will Mulkey Monk Gaines Alec Albea No. 14- \ State vs Lawrence Long No. 25 State vs Lawrence Long No. 16- State vs Lawrence Long No. 17 \ State ve Jim Lazenby No. 18 \. State ~ vs Herman Pierce No. 19 State dS vs Henry Gibbs oo SS om a ee a ee a ee Se re SS OS SS ee em oe Oe oe ee CLD ce oo IN THE SUPERIOR COURT AUGUST TERM 1930 Monday July, 28, 1930. STOREBREAKING AND LARCENY Alias Capias TO APPEAR AND SHOW GOOD BEHAVIOR. efendant appeared and showed good behavior, Contin- ued under former order, TO APP=AR AND SHOW GOOD BEHAVIOR. Continued under former order, ASSAULT ON FEMALE, Alias Capias TO APPEAR AND SHOW GOOD BEHAVIOR, V Nol Prosed with leave, TRANSPORT AND POSSESS LIQUOR. The defendant comes into open Court and through his counsel Hugh G Mitchell pleads guilty as charged in the bill of indictment, It is ordered and adjudged by the Courtbthat judgm ment be suspended upon payment of the costs. DRIVE CAR WHILE INTOXICATED, The defendant comes into open Court and through his counsel pleads guilty as charged in the bill of indict- ment. It is ordered and adjudged by the Court that the de- fendant be imprisoned 4% common jail of Iredell County for a period of SIX MONTHS to be worked on public roads, this sentence to be suspended for a period off Three Years on condition that the defendant be of good behavior and not violate the prohibition law, and further condition the he pay the costs, Defendant to have until next term of this Court in which to pay costs in this case. OPERATEA CAR WITHOUT LICENSE. Nol Prosed with leave, HOUSEBREAKING AND LARCENY Alias Capias. ABANDONMENT AND NON=-SUPPORT Alias Capias LARCENY Continued by consent IN THE SUPERIOR COURT « AUGUST TERM 1930 Monday July 28, 1930, fo. 20 } GIVING WORTHLESS CHECK * state Continued under former order vs Robert Wall ‘ ie, 21 § FORNICATION AND ADULTERY “state 6 Hol Prosed with leave, vs $ Lee Moose 4 pessie Griffin ' \ Mo. 22 } EMBEZZLEMENT \ state { Continued by consent vs 4 EM Davis § \ No. 23 § SELLING LIQUOR, . \ State § Alias Capias vs § Charles Harston j§ \ Ho. 24 { SEDUCTION | State Continued by consent vs $ Karl Clontz $ No. 25 § SEDUCTION State b Continued by consent ve 6 Spencer Cook (§ No. 26 . | GIVING WORTHLESS CHECK \ State 4 Continued by consent vs } 0 M Moose 0 No. 27 § LARCENY \ State 4 Continued by consent vs 0 Floyd Holbrook 4 No. 28 § ASSAULT WITH DEADLY WEAPON \ State 6 Continued by consent \ vs ‘ E L Henderson } No. 29 FALSE PRETENSE 2 State The defendant comes into open Court and bea pore \_ vs { sel tenders a plea of guilty to an attempt to corns a qv Roy McLelland § to-wit, false pretense, which the Solicitor accepts. \\ No. 30 PRETENSE and RESISTING OFFICER \state oh defendant comes intomopen Court and cha aide Bee eres vs { sel tenders a plea of guilty to an pe eet erst ictaae JC Pant. { ony, to-wit, false pretense, which plea § Nol Prosed as to other charge. \ Wo. 31 § STOREBREAKING AND LARCENY State § Continued by consent , vs 4 DH Hardin 4 No. 32 § FORGERY : State ( Continued by consént - § Maggie Steele j 0534 & 35- R B Drum. A True Bill “Wo 36 - WW Senge & J M Campbell- A True Bill 393 | Rag cee etait ne emer eet ease: eens mr cee 392 \ No. 5 State vs James Williams. \ No. 6 State vs Vernon Rash No. 7 State vs Herbert Morrison, No. 9 State =~ vs . \ M 5 E B Cox No. 12- State vs Will Mulkey Monk Gaines Alec Albea No. 14- \State vs Lawrence Long No. 25 State vs Lawrence Long No = 16=- State vs Lawrence Long No. 17 \ State © SN “a, ve Jim Lazenby No. 18 State vs Herman Pierce No. 19 State vs ‘Henry Gibbs ee ee ee ED ACES eC Se <> ee ne SOS et Se vee ee > vee Sl IN THE SUPKRIOR COURT AUGUST TERM 1930° Monday July, 28, 1930. STOREBREAKING AND LARCENY Alias Capias TO APPEAR AND SHOW GOOD BEHAVIOR. efendant appeared and showed good behavior, Contin- ued under former order, TO APP:AR AND SHOW GOOD BEHAVIOR, Continued under former order, ASSAULT ON FEMALE, Alias Capias TO APPEAR AND SHOW GOOD BEHAVIOR, V Nol Prosed with leave, TRANSPORT AND POSSESS LIQUOR. The defendant comes into open Court and through his counsel Hugh G Mitchell pleads guilty as charged in the bill of indictment, It is ordered and adjudged by the Courtbthat judgm ment be suspended upon payment of the costs. DRIVE CAR WHILE INTOXICATED, The defendant comes into open Court and through his counsel pleads guilty as charged in the bill of indict- ment. It is ordered and adjudged by the Court that the de- fendant be imprisoned 44 common jail of Iredell County for a period of SIX MONTHS to be worked on public roads, this sentence to be suspended for a period off Three Years on condition that the defendant be of good behavior and not violate the prohibition law, and further condition the he pay the costs, Defendant to have until next term of this Court in which to pay costs in this case, OPERATEA CAR WITHOUT LICENSE, Nol Prosed with leave, HOUSEBREAKING AND LARCENY Alias Capias. ABANDONMENT AND NON-SUPPORT Alias Capias LARCENY Continued by consent BM Davis No. 235 ‘\ State vs Charlies Harston No, 24 State vs Earl Clontz \ No. 25 State vs Spencer Cook No. 26 \ State vs 0 M Moose No. 27 State vs Ployd Holbrook No. 28 \ State vs E L Henderson No. 29 \ State \ vs Roy McLelland \ No. 30 ~State vs JC Fant. No. 31 State _ vs DH Hardin No. 32 State \ Vs \ “Maggie Steele Monday July 28, 1930, 7 ate nee <> nee > Ee ee ec ee > nr SE AE AC Se a oe <eo e ee ER Se RE AE oT et <r ee oe Sc eos St Oe -IN THE SUPERIOR COURT AUGUST TERM 1930 GIVING WORTHLESS CHECK Continued under former order FORNICATION AND ADULTERY Hol Prosed with leave, EMBEZZLEMENT Continued by consent BELLING LIQUOR. Alias Capias SEDUCTION Continued by consent SEDUCTION Continued by consent GIVING WORTHLESS CHECK Continued by consent LARCENY Continued by consent ASSAULT WITH DEADLY WEAPON Continued by consent FALSE PRETENSE s The defendant comes into open Court and through his Conn t to commit a felow sel tenders a plea of guilty to an attemp to-wit, false pretense, which the Solicitor accepts. tTENSE and RESISTING OFFICER Ores astenhant comes intomopen Court and through his coun t to commit a fel- s a plea of guilty to an attemp = Teeoeit, otis pretense, which plea the solicitor accepts 3’ Nol Prosed as to other chargé. STOREBREAKING AND LARCENY Continued by consent FORGERY Continued by consent \Woss4 & 55- RE Drum. A True Bill \No 36 - WW Benge & J M Campbell- A True Bill es No. 36 State \ ¥8 W W Benge J M Campbell No. 37 ~ State ' WS Gus Borders No. 38 \ State \ Ve Newt Lambert Noe oo~ State vs Newt Lambert No. 40 State ee Emery Shoemaker No. 41 & 44 Consolidated State vs Hosea Ballard John Towell No. 42 & 43 Consolidated State vs Hosea Ballard John Towell No. 45 State vs ’ Dewitt Porter ee ee ee a ma an 4 ) $ ' ' 4 6 2 EP et EK I AI AL a I ER eR IN THE SUPERIOR COURT RUGUST TERM 1950 Monday July 28, 1950. LARCENY ; The defendantscome into open Court and through their coy. sel plead guilty to larceny of property less than the value of $20, which plea the Solicitor accepts. Judgment of the Court is that the defendants be imprigon. ed in the common jail-of: Iredell County for a period Four MONTHS to be worked on roads, judgment suspended upon condi- tion that the defendants make no offense involving moral turpitude. NON-SUPPORT AND AB@NDONMENT Continued by consent LARCENY The defendant comes into open Court and through his coun sel Hugh G Mitcheal pleads guilty to the larceny of proper- ty under the value of $20 which plea is accepted by the Sol- icitor fob the State. . Judgment of the Court is that the defendant be imprbson- ed-in the common jail of Iredell County and assigned to work on the public roads of the county for a period of THREE MONTHS, It is directed by the Court that he be not required to do hard manual labor, but that he be worked at the comissary or directed to carry water or some other light work. LARCENY The defendant comes into open Court and through his cow- sel pleads guilty to the larceny of. personal property under the value of $20, which plea is accepted by the Solicitor. It 1s ordered that the defendant be confin in the com- mon jail of Iredell County and assigned to work on the pub- lic roads of the county for a period of three months, cap- jas to issue at anytime upon prayer of the Solicitor within Three Years time. POSSESS LIQUOR. A True Bill returned. Defendant called and failed. Judgment Nisi Sci Fa and Capias. SPOREBRBAKING AND LARCENY The defendant John Towell comes into open Court and pleads guilty as charged in the bill of indictment. The defendant Ballard comes into open Court and through his counsel JG Lewis pleads not guilty, whereupon a jury was sworn and em- pannelled to try the case. After evidence had been offered the defendant's attorney stated he would not resist a vere dict, and a verdict of guilty was directed. In #41 State ve Hosea Ballard, Prayer for judgment con- tinued. Defendant having been sentenced in No 42. In No4 as to John Towell, prayer for judgment continued, he having been sentenced in No 435. LARCENY OF AUTOMOBILE The defendants come into open Court and plead guilty to larceny of automobile as charged in the bill of indictment. Judgment of the Court, that the defendant Hosea Ball be confined. in the State's Prison for not less than 12 nor more than 7 months. As to John Towell, Judgment of the Court that he be oon fined in the State's Prison for not less than TWO nor more than THREE YEARS. ASSAULT WITH DEADLY “EAPON to The defendant comes into open Court and pleads guilty assault with deadly weapon which plea is accepted by the Solicitor. ed in Judgment of the Court that the defendant be conti ne is the common jail of Iredell County for a term of BIX MONTHS» to be assigned to work on the public roads of said Oa capias to be issued at anytime in ThreeeYears upon ane factory evidence to the Solicitor that he has in any ¥ t interfered with his wife. Defendent to pay the costs ° this action. IN THE SUPERIOR COURT AUGUST TERM 1930 Monday July -28y 1950. state of North Carolina, In the Superior Court Gounty of Iredell addie Wilson § vs 4 Roscoe W Wilson 4 A Jury being sworn and empannled answered the issues as follows; lst. Has the plaintiff been a resident and citizen of the State of Norh Carolina for two years immediately preéeding the commencement of this action, and the filing of the complaint? Answer: Yes end. Did the plaintiff and defendant {nter-marry as alleged in the complaint? Answer: Yes 3rd. Did the defendant commit adultry as alleged in the complaint? Answer: Yes North Carolina, 4 In the Superior Court Iredell County. (4 August Term 1950. Addie Wilson § vs 0( SUDGMENT Roscoe W Wilson 0 This cause coming on to be heard at this the August Term of the Superior Court of Iredell County, North Carolina, vefore His Honor, Honorable Thomas L Johnson, Judge Presiding and the jury having answered the issues sub- mitted to them as #ollows: ident and citizen of the State of North a res Has the plaintif’ been ding the commencement of this action, Carolina for two years immediately prece and the filing of this complaint? Answer: Yes Did the pisintaff and defendant inter-marry as alleged in the complah Answer: Yes Did the defendant commit adultry as alleged in the complaint? Answer: Yes It is therefore ordered, adjudged, and decreed by the Court that the ng between the plaintiff, Addie Wilson and bonds of matrimony heretofore existi e are hereby dissolved, and the pis the defendant, Roscoe W Wilson be and the sam ys absolute divorce from the defendant Rosce Plaintiff, Addie Wilson, is granted en W Wilson, y the b ' It is further ordered that the costs of this action as taxed Clerk of this Court, be paid by the plaintiff. ; Thomas L Johnson. Judge Presiding 396 IN THE SUPERIOR COURT ‘ AUGUST TERM 1930 Monday duly 28, 1930, IN THE SUPERIOR court 397 AUGUST TERM 1930 TusddayJuly 29, 1950. . North Carolina, In the Superior Court Iredell County. This Honorable Court convenes according to adjaurnment Tuesday Morn- | ing July 29th 1950 at 9:50 A. M. for the dispatch of business, \ Mrs Vera Caskey 4 \\ ~ H \ sve * ISSUES 8 { GIVING WORTHLESS CHECKS a Tee 4 The defendant having paid the costs at this term as a James C Caskey : ve ° ordered, It is now ordered that the defendant be released, My Joe Eccles a A Jury being sworn and empannelled answered the issues as follows: ! 1. Has the plaintiff been a resident and citizen of the State of nN \®: 10 ) PROSTITUTION orth The defendant come int en C t ad tend Carolina for five years immediately pre tate § © open Court and tender a plea of y y prededing the commencement of this action? ro. 4 Nolo Contendere through their counsel H P Grier & J L Lewis, . Answer : Yes George Hilton } which plea the Solicitor accepts, Gordie Longsworth 9 Upon recommendation of the Solicitor and the private prose im e cution udgment of the Court is, that the defend 6 e ab “ibe 2-e Did the plaintiff and defendant inter-marry as alleged in the comp=- , re pegs : fine of $100.00 and the sont. and seus ke nt : Answer: Yes ) allowed until the next criminal term of this Court to pay the a § said fine and cost. i ie, nave the plaintiff and defendant lived seperate and apart for f Scone teed ee erondant Cordie Longeworth, prayer for judgment a consecutive years next preceding the commencement of this action? a” y Genstnued tor @ period of Three Years. | Answer: i pation with Pe snk “ai ne be Yo. 11 } FORNICATION AND ADULTERY i Ss Wee Sate seperation without *ault on part of plaintiff? \ State § The defendants come into open Court and through their com nswers Yes 1 we 4 sel J G Lewis and BP Grier, tender a plea of Nolo Contendre i George Hilton § which plea the Solicitor accepts. se Cordie Longsworth § Judgment of the Court, that the defendants be confined in A North Caroline In the Superior Court § the common jail of this County.for a period of SIX MONTHS, xh ie Iredell County- | ah Co ss. § the mle defendant to be assigned to the county roads, capias Fy ! oe ee tee ae Te } to be issued at any time within three years upon satisfactory Se Mrs Vera Qaskey, Plaintiff $ { proof that the defendants have in any manner consorting to- ae Se oe aes } gether. Capias not to be issued after three years under any ty vs I JUDGMENT ) conditions. The defendants to be allowed until the next term * “ EN } of the court to pay the cost, 4 James C Caskey, Defendant )$ a This cause coming on to be heard at this the August Term of the Sup- \ see ai BURNING LUMBER erior Court of Iredell County, North Carolina, before His Honor, Honorable Thomas 9 j State 6 Grand-jury returned a true bill. : Felix Combs 4 L Johnson, Judge Presiding and Jury having answered the issues submitted to ae , wi \ No. 34 bi ANSLAUGHTER Sone \State i! The defendantfcomee into open Court and through his coun- tt ry -} ‘ pp ‘ vs § sel H P Grier & Wilson Warlick pleads guilty to involuntary Has the plaintiff been a resident ana citizen of the State of North - | cisakewshtar, ehich plea the belieltar Seameeea Carolina for five years inmediately preceding the commencement of this action? i -sonicrd a ch Blea the Solteiver SCCUmRg 7a: e } made with the Administratrix of Mrs Nell Hartsell Simmermon — { in approximate sum of $1000.00, therefore upon recommendation 40 of counsel for private prosecution and recommendation of the Did the plaintiff anda defendant inter-marry as alleged in the comp-= SMEG cccyos for jodenent 1s continued for period . } FIVE YEARS on condition that the defendant be of good behavie asi cearn 4 @in from driving car while under intoxicated liquor, ' fall the costs of this action to be taxed by the Clerk Have the plaintiff anda defendant lived separate and apart for five i iv an expert fee in sum of $86 for the witness Dr, consecutive years next preceding the cormencement of this action? ° : } Lonnie Little. Answer: Yes ! } \ He. 35 , AGHTER Was said separation withoit fault on the part of the plaintiff? \ State OO oe oe esene indie: anieiiiieceie itil nis counel moet & ve } pleads guilty to involuntary Manslaughter, which plea the x ees: R E Drum tor accepts wae eS onienaa by the Court that Judgment be suspended upon It is therefore ordered, adjudged and decreed by the Court that the | seyauns cr tee ea bonds of matrimony heretofre existing between the plaintiff, Mrs Vera Caskey, \ No. 46 GIVING WORTHLESS CHECKS and the defendant, James 6 Caskey, be and the same ane hereby dissolvedg,and the \ state i I a eotinued Sa saaenee ‘ vs pitenestt, Eres Vera Caskey is granted an absolute divorce from the defendantge RL Bibee It is further ordered that the costs of this action as taxed by the Clerk of this Court be paid by the plaintiff, Thomas L Johnson, Judge Presiding This Honorable ¢ ourt takes a recess until Tuesday Morning July, 29, 1930, at 9:30 A. M. y & ’ JUDGE PRESEPING \ No 47. \ State ve Carrol Ervin No. 48 State vs Carrol] Ervin No. 49 8tate vs Charlie P MNeLelland SGI FA DOCKET No. 1 State vse Lowrence Long No. 2 State vs Jim Lazenby No. 3 State vs Charlie Harston No. 4 State ae “@ L Henderson North Carolina, Iredell County. 4 } } ' 4 i ) § IN THB SUPERIOR COURT AUGUST TERM Z1950. Tuesday July 29, 1950. LARCENY Continued for defendant ( LARCENY Continued for defendant KAS TARDY Défendent called and failed. Judgment Nisi Sci Fa and Capias. SCI FA DOCKET It is ordered that the judgment be made absolute, and that same be discharged upon payment of the costs of the Sci Fa. SCI FA DOCKET FORFHITURE OF BOND It appearing to the Court that Sci Fe has been served fon S EB Johnson, bondsman, and that no answer has been file ed; It is now therefore ordered and adjudged by the Court that the forfeiture of bond in this case in sum of $500, be made absolute and execution be issued against said bondsman. SCI FA DOCKET. FORFEITURE OF BOND It appearing to the Court that Sci Fa has been served on Mary A Burton, bond@swoman, and that no answer has been filed; It is now therefore ordered and adjudged by the Court that the @orfeiture of bond in this case in sum of $ 300.00 be made absolite and execution be issued against said bondswoman. CALLED AND FAILED. Sci Fa not served by sheriff. Alias Sci Fa and continued. In the Superior Court August Term 1950. Judge Thomas L Johnson, Presiding we, the Grand Jury for the August Term of Iredell County Superior Co rt, ‘1930, beg to make the following report: We Rave passed on all bills referred to us and have made returns to the presiding judge. in good condition as to records kept. We find toilets in the basement well- We visited all the offices in the Court House and find them kept, also the basement in good condition. We visited the County Home, finding all the immates well taken care of+ Also we found all the live stock in good condition. We visited the jail, finding 11 prisoners well taken care of. the prisoner's quarters were found to be in good condition. We recommend some new feed pams for the prisoners 88 some of the old ones are worn oute IN THE SUPERIOR COURT AUGUST TERM 1950 Tuesday July 29, 1950. we visited the Chain Gang, finding all prisoners well cared for, ac~ cording to their statement. All equipment and road machinery wer found in good condition. Frank L Early, Foreman of the Grand-Jury. North Carolina, § In the Superior Court Iredell County. § velma McAlister vs 4 ISSUES Clarence McAlister § A Jury being sworn and empannelled answered the issues as follows: Fisrt. Were the plaintiff and defendant married as alleged in the compiaint? Answer: Yes Second. Did the defendant separate himself from the vlaintiff and commit sdultery 4s alleged in the complaint? Answer: Yes Third, Has the plaintiff been & resident of North Carolins for two years preceeding the institution of this action? Answer. Yes North Carolina, In the Superior court Iredell County. Velma McAlister 4 vs 4 JUDGMENT Clarence McAlister § This cause coming on to be heard before his Honor, Thos L Johnson, Judge Presiding, ana the jury for their verdict, having answered the issues presented to them as appears of record in favor of the plaintiff; I? IS THEREFORE Considered, ordered and adjudged thet the marriage reb between Velma McAlister and Clarence McAlister pe, and the same is ne Y> roed dissolved, and that the parties thereto be, end they are hereby, dive tiff. from the bonds of matrimony. Let the costs be taxed against the plain Thomas L Johnson Judge Presiding 400 IN THE SUPERIOR COURT. \ \ AUGUST TERM 1950 Tuesday fJulys29, 1950. Allen Montgomery by 6 his next friend § ) i vs Frank A Nibléck Jury being sworn and empannelled answered the issues as follows; 1. Was Allen Montgomery injured by the negligence of the defendant as alleged in the complaint? Answer: Yes 2, What amount is plaintiff entitled to recover of the defendant? Answer? $250.00 North Carolina, In the Superior Court Iredell County. July Term 19350. Allen Montgomery, a Minor, by his next friend, Johns Nontgomery. ¥"( ' § vs JUDGMENT Frank A Niblock This cause coming on to be heard at the July Term, 1930, of Ire- dell Superior Court, before Johnson, Judge Presiding, and a jury, and the jury Having answered the issues in favor of the plaintiff and againat the de~ fendant, as set out in the record, as follows, to-wit: 1. Was the plaintiff injured by the negligence of the defendant, as alleged in the complaint? Answer: Yes 2, What damage is the plaintiff entitled to recover of the defend- — Answer: $250.00 It is, therefore, ordered and adjudged that the plaintiff have and recover judgment against the defendant for the sum of $250.00 and that the de- fendant pay the costs of this action to be taxed by the Clerk of this Court. July 29th, 1930. Thomas L Johnsone Judge Presiding North Carolina, In the Superior Court Iredell County July Term 19480. Mrs Annie Lee Montgomery A vs 4 JUDGMENT Frank A Niblock ; This cause coming on to be heard at the July Term, 1950, of Iredell Superior Court and it appearing to the Court thet the plaintiff and the defend- ant have settled and compromised all matters of difference between them grow- ing out of the things set forth in the plaibtiff's complaint; IN THE SUPERIOR COURT AUGUST TERM 1950 Tuesday July 29, 1950. and it further appearing to the Court that the defendant has paid to the plaintiff the amount agreed upon in full compromise and settlement and that the plaintiff is not entitled to recover anything against the de~- fendant ; It is, thefefore, ordered and adjudged that the plaintiff recover st /nothing of /the defendant and that the defendant pay the costes of this action. Thomas L Johnson By Consent: Judge Presiding Lewis & Lewis Attorneys for the plaintiff Scott * Collier Attorneys for the defendant North Carolina, In the Superior Court Tredell County. July Term 1950. Lewis Mc“elland Besver, a minor $ py his next friend, Mrs Lillie Q T Beaver. i 4 j vB JUDGMBNT Statesville Flour Mills Company. Tis cause coming on to be heard at the July Term, 1950, of Iredell Superior Court, hefore the Judge and a jury, with His Honor, Jonnson, Judge Presiding, and it appearing to the Court from the admission of the parties, that this is an action brought by the plaintiff against the defendant for personal injury growing out of the collision between a truck owned by the defendant and @ car upon which the minor pleintiff was riding: And it appearing to the Court that the plaintiff and defendant have made a compromise settlement of all matters and things growing out of the matters of the action set forth in the plaintiff's comphaint and that the defendant has agreed to pay to the phaintiff $310.00 covering the plain- tiff's hospital bill in full, and the further sum of $200,00, oF & totel of $510,003 And the Court, after en investigation and examination of the facts et- covering the alleged catise of action, being of the opinion that said & but tlement is not unreasonable or injurious to the rights of said minor, Du that the same is fair and equitable; It is, therefore, ordered and adjudged that the plaintiff recover tax of the defendant the sum of $510.00 and that costs of this aevion 06 08 ed by the Clerk of this Court. IN- THE SUPERIOR COURT AUGUST TERM 1950 Tuesday July 29th, 1950. It is further ordered that out of the proceeds of said sum, the next friend of the plaintiff pay to the Davis Hospital of Statesville, N C the sum of $3510.00 in full of the hospital bill of Lewis MoLelland Beaver, And it appearing to the Court that the said minor lives with and is supported by his mother, Mrs Lillie T Beaver, is is ordered that the Clerk pay over to her as the mother of the said infant, the sum of $200.00 after paying the hospital bill. It is further ordered that the defendant pay the comrt costs. Thomas L Johnson. Judge Presiding North Carolina, In the “uperior Court Iredekk County Before the Blerk K D Cox, et al 4 oo vs 4 JUDGMENT Electric Supply Company, Inc. 4 This cause coming on to be heard, and being heard, before the un- dersigned Judge holding the courts in this, the 15th Judicil District of the State of North Carolina, and it appearing to the Court, from the petition of M P Alexander, Receiver, that he has complied with all the orders heretofore made in this cause and that all of the preferred creditors have been paid; and it further appesring to the Court thst all of the accounts that are col- lectible, without suit, have been collected, and that the uncollected accounts together with ten shares of common stock in the Hickory Hotel Company, (whic h has peeantly come into the hands of your receiver, should be advertised and sold, after first notifying the parties owing the defendant company that said accounts and notes will be sold on a day certain, and advertising the same as set out in the report, and that after first paying the costs of this ac- tion, the receiver should be allowed a commission of e on receipts and 5% on disbursements of all funds that have come into his hands, the $200.00 pre viously allowed the receiver on account to be included in this amount, and that his attorneys, Buren Jurney and Grier, Grier & Joyner, be allowed the sum of $150.00 per firm, in addition to the amount heretfore allowed them, fo r services rendered; and that the balance of the funds in the hands of thé receiver should be paid prooratea to each of the creditors whose claims have been pbhoperly filed and allowed by the receiver; NOW, THEREFORE, it 1s sonnigeeedl, ordered, adjudged and decreed that the receiver, M P Alexander, advertise for sale the uncollected accounts and notes, after first notifying the parties owing said defendant sssuunles IN THE SUPERIOR COURT AUGUST TERM 1950. Tuesday July 29th, 1950. company that unless these accounts and notes are paid on a day certain, that game will be advertised, and also advertise the ten shares of stock in the Hickory Hotel Gompany for sale, as set out in the report. It is further or- gered that the receiver pay first, out of the monies on hand, the costs of this action; second, pay himself a commission of $% on receipts and disbursems ments, the $200.00 previously allowed the receiver to be includéd in this a- mount; third, to pay his attorneys, «buren Burney and Grier, Grier & Joyner, the sun of $150.00 per firm, in addition to the amount previoualy allowed them, for services rendered in this matter; fourth, the balance on hand to be paid B pro rata to each of the creditors whose claims have been properly filed and allowed by the Receiver. This the 29th day of July, 1950. Thomas L Johnson Judge Presiding North Carolina, } In the Superior Court Iredell County. 4 Aug Term 1950. A Y Alexander, et al vs }DGMEN 7 Balance-Sullivan Go. This cause coming on to be heard, and being neard, before the under- signed Judge Presiding and holding courts in this, the 15th Judicial District of the State of North Carolina, and it appearing to the Court from the report of J R Rice, Receiver, that he has complied with all the orders heretofore made in this cause, especially the order authorizing him to pay all preferred claims and to pay a 15% dividend to credito.’s; and it further appearing to the court from the report of the receiver that all of the accounts that are collectible have been paid and that, in the opinion of the Receiver, the haa” ance of the agcounts due should be advertised and sold, after first notifying the parties owing the accounts that unless same are paid on a day certain that this action will be takers and it further appearing to the Court thet M i oul livan, who is the largest creditor and stockholder of the defendant company, has gone to considerable costs and expense in attempting to aid the rene in collecting the accounts due the dAefendant company, and that he should be paid the sum of $100.00 to cover his expenses and services; and 4t further ap- 8 pearing to the Court that the Receiver has received nothing for his service n in this matter, and that the usual compensation of 5% on receipts and 5% 0 and it further appeari Grier® Grier ® Zaznee should be pa from the report of disbursements should be paid him; " 44 the sum the receiver that zhis attorneys, IN THE SUPERIOR COURT AUGU&T TERM 1930 Tuesday July, 29, 1930. of $500.00 for their services; and that, after paying the above, together wi th the costs of this action the balance in the hands of the receiver should be paid pro rata to each of the creditors whose claims have been approved by the Court ; NOW, THEREFORE, it is considered, ordered, adjudged and decreed that said receiver notify all parties owing the defendant company that unless said accounts are paid by a day certain that same wil] be advertised for sale by posting a notice, containing the name and amount of each account, a at the Court House door and at three other public places in Iredell County for ten days immediately preceding said sale; that, after said accounts have been sold, the receiver shall pay, out of the monies in his hands, first, the costs of this action; second, $100.00 to mM Mm Sullivan for services rend- ered; third, 5% on receipts and 5% on disbursements as his compensation for services rendered; fourth, Grier & Grier the sum of $500.00, and the balance shall be pro rated to each of the creditors whose claims have been approved by the Court, This 29th day of July, 1930. Thomas L Johnson, Judge Presiding North Carolina, In the Superior Court Iredell County. July Term 1930 To His Honor, Thomas L Johnson, Judge Presiding: I hereby beg to respectfully report to the Court that I have at this term of Iredell Superior Court inspectd and examined to the best of my abi- lity, the conduct and administration of the office of the Clerk of the Sup- erior Court of Iredell County, and that I find that said office appears to be conducted by the said Clerk, Hén John L Milholland, in a most highly commendable, business-like and efficient manner, and in accordance fully y-) with all the laws governing and regulating the conduct and administration of said office, Respectfully submitted, Zeb V Long Solicitor, Approved: Thomas L Johnson Judge Presiding. This Honorable Court takes a recess until Wednesday Morning July 50, 1930 at 9:30 A. Mm. JUDGE PRESIDING IN THE SUPERIOR CouRT 4 AUGUST TERM 1930 Wednesday July 50, 1930, This Honorable Court convenes according to adjournment Wednesday Monn- ing July 50, 1950 at 9:50 A. M. for the dispatch of business, 05 No. 29 ) FALSE PRE®ENSE State 4 Judgment of the Court is that the defendant be imprison- v8 } ed in the common jail of Iredell County for a period of THREE Roy McLelland ) MONTHS, and assigned to work on piiblic roads of said county . ( for said period, ; No. 30 } FALSE PRETENSE State § Judgment of the Court is that the defendant be imprison- vs ) ed in the common jail of Iredell County for a period of THREE JIC Fant § MONTHS, and assigned to work on public roads of said county { for said period, State of North Carolina, In the Superior Court County of Iredell August Term, 1930, Mrs Nannie Y Brown, the duly appointed, 4 qualified, and acting General Guardian 6 of Mary Cathrine Cashion and John Otis 4 Cashion, husband of Mary Cathrine Brown, § Ruth Grier Brown, Joseph Young Brown, § and Haryy Franklin Brown, ) vs 0 JUDGMENT The Town of Mooresville, North Carolina, 4 & municipal corporation, and the Moores- § ville Cotton Mills Company, Incorporated. This cause coming on to be heard at this term of Court a ae a Presiding, and it appearing to the Cour a ee steluttie, pak mages Jute, Pee soupraniaed and settled all matters in con- troversy between them arising on the pleadings, and that it has been agreed that tha defendant, Town of Mooresville, North Carolina, its successors and assigns, shall have a perpetual right-of-way and easement to cause the sewage and soil from its sewerage disposal plant to flow into Little Rocky River, and thence through, over, across and on the lands of the plaintiffs, as the said Little Rocky River now flows, or may hereafter flow, over through, acress and on the lands of the plaintiffs, and may from time to time increase the flow thereof as its sewerage system may be extended, enlarged or improved to meet the require- ments of the increase in population and use of its sewerage and water system, but the offensive and deliterious matter contained in any given quantity, or unit, of sewerage and soil hereafter flowing from said sewerage plant shall not be greater than is now present in any such given quantity, or unit, of eee and soil discharged from said plant, and that the defendant, Mooresville ge on Mills, its successors and assigns, shall have a perpetual right-of-way : ease ment to gause the waste water and dyes from its manufacturing plant to —" ' into Little Rocky River, and thence through, over, across and on the lan oo ; the plaintiffs as the said Little Rocky River now flows, or may hereafter se through, over, across and on the lands of the plaintiffs, and may increase oe flow of the waste water and dyes from time to time as its business ets a but the offensive and deliterious matter contained in any given eT Th unit, of waste water and dyes hereafter flowing from said manufacturing aby shall not be greater than is now present in any such given eee tt rf ay of waste water and dyes hereafter Blowing from said gr gad e- : ened eo that the defendants are to pay the plaintiff the sum of Two Hun ag eee aa Dollars ($291.00), as fll compensation for said right-of-way toe 8 rien pr to. in full of all past, present and future demage that the plaintif Ot ee aeeaaae and assigns, have sustained, or may hereafter sustain, by reason 0 ; i ts successors and assigns, causing nd’ horeatts ha ae aan Sana ager ge from its sewerage disposal plant and hereafte ewerage and to flow Conan: Aeae “ausaee a on the lands of the drove bad Pyaar of the defendant MooMesville Cotton Mill Company, Incorporated, dad ¢yes from its and assigns, causi and hereafter causing the waste water an manufacturing Laue tr flow through, over, across and on the lands of the Plaintiffs: » 7 “a IN THE SUPERIOR COURT AUGBEST TERM 1930 © Wednesday July 30, 1930, IT IS, THEREFORE, considered, ordered, adjudged and decreed by the Court that the Town of Mooresville shall have a perpetual right-ofway and easement to cause the sewerage and soil from its sewerage disposal plant to flow into Little Rocky River, and thence through, over, across and on the lands of the plaintiffs, and may from time to time increase the flow there-~ eof as its sewerage system may be extended, enlarged or improved to meet the requirements of the increase in population and use of its Sewerage and watep system, but the offensive and deliterious matter contained in any Siven quant ity, or unit, of sewage andisoil hereafter flowing from said Plant shall not be greater than is present tn any such given quantity, or unit, of sewage ang soil discharged from said plant, and that the Mooresville Cotton Mills, shall have a perpetual right of way and easement to cause the waste water and dyes from its manufacturing plant to flow into Little Rocky River, and thence through, over, across and on the lands of the plaintiffs, as said Little Rocky River now flows or may hereafter flow, through, over, across and on the lands of the Plaintiffs, and may increase the flow of waste water and dyes gx from time to time as its business may require, but the offensive and deliteré ious matter contained in any given quantity, or unit, of waste water and dyes hereafter flowing from said manufacturing plant shall not be greater than is now present in any such given quantity, or unit, of waste water and dyes discharged from said plant. It is further considered, ordered, adjudged and decreed that the plain- tiffs recover of the defendants, jointly and severally, the sum of Two Hund- red Ninety-one Dollars ($291.00), as full and complete Sompensation and sete tlement for rights granted defendants, and in full satisfation of ell damage, past, present and future, thatbplaintiffs, their heirs and assigns, have Susbained, or may hereafter Sustain, by reason of the defendant, Town of Mooresville, its successors or assigns, causing and hereafter causing the sewage and soil from its sewerage disposal plant to flow through, over, a- cross and on the lands of the plaintiffs, agreeable to the terms of this judgment, and by reason of the defendant, Mooresville Cotton Mills, its suc- cessors or assigns, causing or hereafter causing the waste water and dyes from its manufacturing plant to flow, through, over, across and on the lands of the plaintiffs, agreeable to the terms of this judgment, and that the plaintiffs, recover of the defendants, jointly and serkverally, the costs of this action, to be taxed by the Clerk of the Court. Thomas L Johnson Judge Presiding. BY CONSENT: R_A Collier, Monroe Adams & Buren Jurney Attorneys for Plaintiffs. Zeb V zurlington & Harry P Grier. Attorneys for defendants. In the Superior Court North Carolina, } Iredell County. § “efore the Clerk wc Current ) vs § JUDGMENT WP Crews and Mrs W P Crews 4 This cause coming on to be heard and being heard before His Honor, John L Milholland, Clerk of the Superior Court of Iredell County, and it ap- pearing to the Court that summons was issued in thé above entitled cause on the 4th day of June, 1950, and that at the time of the issuance of said summons a duly verified complaint was filed in the office of this Court; that e copy of said summpns, together with a copy of the complaint, was duly served on each of the defendants on the 9th day of June, 1950, and that no answer or demurrer has been filed on or before this, the 28th day of July, 1930, and that the time for answering, demurring, or otherwise pleacing, has now expired; and it further appearing to the Court from the allegations in the complaint that the defendants are indebted to the plaintiff on two notes, one in the sum of $25058 with interest from August 11t 1928, and the other in the sum of 3250.00 with interest from August llth 1928, making a total indebtedness of $500.00, with interest from August llth 1928, due plaintiff by the defendants; NOW, THEREFORE, it is considered, ordered and adjudged by the Court that the plaintiff recover of the defendants, and each of them, the sum of $500.00, with interest thereon from August llth 1928, at the rate of six per cent per annum until paid, and for the costs of this action to be taxed by the Clerk of this Court. os * ay 1930. This 28th day of July, John L Milholland, Clerk Superior Court. North Carolina, In the Superior Court Iredell County. A J Deer Company, Inc. 0 vs 4 JUDGMENT Gibson Coffee Company. ) This cause coming on to be heard before the undersigned Clerk of the Superior Court, and it appearing to the Court that the above entitled action was @ommenced in this Court on the 17th day of June, 1950, by the plaintiff, herein named, filing in this office a verified complaint, alleging that the de- fendant is indebted to the plaintiff in the amount of $510.00 upon said in- Strument, oe Siena neat sab = re at Be. Ns no Sereteelieieee nee etree ee nae acer It further appears to the Court that a writ of Claim and Delivery, copy of summons and copy of plaintiff's verified complaint was served on the defendant through its vice president on the 25th day of Zune, 1950; that the Sheriff under authority of Claim and Delivery has taken possession of the pro- perty described in the complaint and after holcing for three days, the defend- ant failed to replevy delivered the property to the plaintiff's agent; and more than thirty days have elapsed since the service of said papers and the taking possession of said property and the defendant having failed to file an answer or demur to the plaintiff's cause of action or to the prayer of relief, prayed for and by the plaintiff. It is therefore considered, ordered and adjudged that the plaintiff is declared the owner of the property described in the complaint, the same beé ing the property seized by the Sheriff in this action, that the defendant be taxed with the cost of this action. This the 28th day of July, 1950. John L Milholland, Clerk Superior Court North Carolina, In the Superior Court Iredell County. M F McCoy vs JUDGMENT Robert G Lassiter & Company a Corporation, and Howard Lambeth The above matter coming on to be heard, and it appearing to the Court from representations from Messrs Scott & Collier, attorneys for the plain- tiff, and Koberson, Haworth *& Reese, attorneys for the defendants, Robert G Lassiter & Company, that the matters in controversy in this action have been adjusted and settled in full by agreement on the part of Robert G Lassiter & Company, the defendant, to pay to the plaintiff MF McCoy, the sum of Three Hundred Dollars ($3500.00) and costs of this action; it is therefore ordered, adjudged, and decreed that the plaintiff have and recover from the defendant Robert G Lassiter & Company, the sum of Three Hundred Dollars ($300.00) for full and complete settlement of the matters complained of in the plaintiff's complaint, and that the costs of this action be taxed against the defendant, Robert G Lassiter & Company. . John L Milholland Consented to by: Clerk Superior Court Iredell County apSeott & Collier Attorneys for plaintiff. Roberson, Haworth & Reese Attorneys for defendanta, Robt G Lassiter & Co. St 46 Ae BSE ese RS Se ae ee ee North Carolina, In the Superior Court tredell County. LB Bristol, trading and doing business as Bristol Motor Co., } ' vs j JUDGMENT BY DEFAULY FINAL. ) F L Moore This cause coming on to be heard, and being heard, before hid Hone John L Milholland, Clerk Superior Court of IredellnCounty, on Monday, the lith¢@ day of August, 1930, and it appearing to the Court that the defendant, F L Moor was personally served with summons in the above-entitled action on the llth day of July, 1950, and a copy of the plaintiff's duly verified complaint was duly & served on the said defendant at the time of service of summons; that more than thirty days have elapsed since the service of said summons and complaint upon the defendant, and that he has failed to file answer or demurrer; that the comp laint alleges a cause of action for a stated account. NOW, THEREFORE, on motion of Malcom Cameron, Attorney for the plain- tiff, it is hereby ordered, adjudged end decreed that the plaintiff recover of the defendant, F L Moore, the sum of $500.00 with interest thereon at the rate of six per cent per annum, from tre 8th day of December, 1929; and for the costs of this action. This the llth day of August, 1930. John L Milholiand, Clerk Superior Court. North Carolina In the Superior Court , Before the Clerk, Iredell County. Monday May 15, 1920. \ J B Cooper, Plaintiff vs 0 JUDGMENT FINAL N. Harrison, Defendant 9 This cause coming on to be heard before the undersigned, Clerk of - a the Superior Court, on Monday, the 15th day of Way, 1929, and being heard, an & it appearing to the Court that summons was issued in this action by the Clerk of the plaintiff and against the defendant on tke of the Superior Court in favor he meorf e3rd day of February, 1929, and that the said summons was returned by t 1929, endorsed "“pefend- sheriff of Iredell County on the e3rd day of Bebruary, i nty or ant, N. Harrison, cannot be found, after diligent search, in IredellAcounty rolina." State of North Carolina. Said to be 4 non-resident of State of North Cea : issued And it appearing to the Court that & Warrant of Attachment was f February, 1929, against the property of the by this Court on the 23rd day 0 411 410 defendant, N. Harrison, and that pursuant to said Warrant of Attachment, the sheriff of Iredell County on the 25rd day of February 1929, levied upon the It is further ordered and adjudged that the sheriff of Iredell County interest of the defendant, N. Harrison, the same being a life estate in and after applying the rentals collected by him, as aforesaid, to the satisfaction to the following described real estate located in Iredell County, North Caro- of this judgment, shall sell the life estate of N. Harrison in the property lina, hereinabove described for the purpose of satisfying this judgment and said Located on the North side of Walnut Street, in the City of Statesville sale shall be advertised, made and conducted by the shertff of Iredell County and bounded on the Kast by the lands of Mrs George L Frazier and Mitchell Col. lege; on the North by Cherry Street; on the West by the lands of Dr Thomas Bg in all respects and in the same manner as sales of real estate under executios Anderson and on the South by Walnut Street, there being situated on Said real thts She 19 ‘day of Mey, 1929, estate a two story house occupied by Mr J W Watson under a contract made with the defendant. John L Milholland, Clerk Superior Court, ae That said levy by the sheriff of Iredell County was duly docketea and indexed in the record of judgments of Iredell County, same being record- j ah ed in Judgment Docket No. 25 at page 74, ii i And it appearing to the Court that more than thirty days have el- North Carolina, in the Superior Court Iredell County. C S Proctor, J C Smith apsed since the completion of the service of summons upom the defendant and that service of summons upon the defendant was completed on the 27th day of | and C A Howard, Trading HH warch, 1929, and the plaintaff has filed in this office his verified complaint a. berets Pratneirte. Ht at the time of the issuance of the summons and the defendant, N Harrison, hav- \ vs } J UDGMEN ®f i ing failed to appear and file any answer raistng an issue of fact within the H O Thompson, and wife irs vy il time prescribed by law. Serie. lt It further appearing to the Court that this is an action for an 4 V Turlington, Defendants. ! amount certain due the plaintiff by the defendant on account of the plaintiff This cause coming on to be heard before the undersigned Clerk of : paying to the First ‘National Bank of Statesville a note of the defendant, the Superior Court, upon motion of Scott % Collier, Attorneys for the plain- which the plaintiff had endorsed and upon which, as endorse®, he was required tiffs, for judgment by default final, and it appearing to the Court that on to pay the amount of $800.00, the 16th day of July, 1930, the plaintiffs filed their duly verified complaint And it appearing that the defendant is justly indebted to the plain- in this office at which time summons was issued against the above named defené tiff in the sum of $800.00 with interest thereon at 6% from the lst day of ants together with copies of complaint for each, and it appearing to the Court December, 1928, until paid, that summons wasxserved by the Sheréff of Iredell County and copy of the sum- It is, therefore, ordered and adjudged upon motion of J B Glover, ) mons’and verified complaint were delivered to H 0 Thompson and wife Mrs HO attorney for the plaintiff, that the Plaintiff hawe and recover judgment ag- Thompson én the 12th day of July, 1930; that the defendants, 2 V Turlington ad ainst the defendant in the amount of $800.00, with interest thereon from the C P McNeely through their Attorney, Z V Turlington, on the llth day of July, lst day of December, 1928 until paid at the rate of 6% and the costs of this 1950, accepted service of the summons and complgint, and it appearing further action, to be taxed by the Clerk of this Court. to the Court that the Sheriff was unable to locate the defendant, Elizabeth W It is further ordered and dégreed that the said judgment shall be Cloaninger, and therefore returned the summons and complaint marked "Not to be and same is declared a specific lien upon the interest of the defendant, N. found #n Iredell County*. Harrison, in the lands hereinbefore described, same being a life estate as . And it appearing further to the Court that more than ni have tenant by courtesy and that said lien dates from the 23rd day of February 1929. @lapsed since the service of summons and complaint, and that none Of whe dee It is further ordered and decreed that the sheriff of Iredell County fetidants have answered or demurred to the plaintiff's alleged cause of action take possession of seid property and collect all rents due thereon, including and that the same is based upon a contract for materials sold and delivered to any rents due and unpaid for the period since the lien of the plaintiff's at- the defendants, H © Thompson and Mrs H O Thompson in the amount of GP 900 OR» tachment was filed against said property and that the said rents so collected and interest is due on that amount from the llth day of January, 1930 until ; be applied by the sheriff upon the satisfaction of this judgment. Paid, And it appearing further to the Court that the plaintiff's alleged cause of action is for lumber and materials used by the defendants, H O Thomp- son and Mrs H O Thompson on the following described property: Beginning at a stake in the center of Church Street, in the Town of Mooresville, N. C., J F Auten's corner, thence about South with J F Auten'g line, 150 feet to a stake; thence about West 60 feet parallel with Church Street to a stake; J H Cloaninger's corner; thence about North, J H Cloan- inger's line, 150 feet to a stake in the center of Church Street, J H Cloan- inger's corner; thence with the center of Church Street, about Kast 60 feet to the beginning, containing 9,000. 8q. ft., more or less. And that a lien was filed in this office as provided by the Cone solidated Statutes on the 26th day of Februery, 19350, and was within the six months period, and it appearing further that this action was begun in this Court within the prescribed time for perfecting liens. The Court further finds that the plaintiffs are not seeking a per- sonal judgment against Hlizabeth W Cloaninger and it is, therefore, not néc- essary that service of summons be had upon her but that this action is brought acainst the defendants, #lizabeth W Closaninger, C P WeNe@ly and Z V Turlington for the purpose of having their lien declared a prior encumberance to thet of these defendants, end it appearing to the Court that the plaintiffs are en- titled to this relief. It is, therefore, considered and adjudged that the plaintiffs re- cover of the defendants, H O Thompson and Mrs H O Thompson the sum of $590.85 with interest at the rate of six per cent from the llth day of January, 1930, ane that this judgment is declared a specific lien upon the above described property from the <cnd day of October, 1929, and a prior encumberance to that of the co-defendants, Klizabeth W Cloaninger, © P NeNeely, and Z V Turlington It is further ordered that the defendants H O Thompson and wife Mrs H QO Thomp- son be taxed with the cost of this action. This 18th day of August, 1950. John L Milholland Clerk Superior Court. , of complaint on the defendants, North Carolina, In the Superior Court Iredell County. Before the Clerk, Director General of Railroads ef Ui Be vs JUDGMENT OF COMPROMISE statesville Veneer Company AND NON-SUIT This cause coming on for hearing before the undersigned and it ap- pearing to the Court that parties hereto have compromised their differency by the d@efendant paying to the plaintiff the sum of Three Hundred and Fifty Dollars in full compromise and settlement of all matters in controversy and in addition pay the cost of the action; therefore, the plaintiffs come into Court and take a voluntary Non-Suit, and submit to a dismissal of the action and the same is so ordered. This August 25, 1950. John L Milholland, Clerk Superior Court By Consent: H P Grier Sr. Attorngy for Plaintiff. WwW D Turner Attorney for Defendant. State of North Carolina, County of Iredell N EB Brown, Plaintiff vs JUDGMEN T C B Freeze, and Cora Freeze, Defendants. This cause coming on to be heard and being heard before the under- ; M Sept- signed Clerk of the Superior Court of Iredell County, on this Monday, p ng to the Court that on July 30th, 1950, the ember lst, 1930; and it appeari ndant3 in this actia ; aefe plaintiff caused a summons to be issued against the fled a verified complaint; and it further appearing and at the same time f together with a copy of said verified that on July 30th 1930, said summons, on the defendants; e sum of $1,000.00, on a promissory and it further appearing that complaint, was duly served this action is an action to recover th t the rate of six per cent per annum on said note, together with interest & 4t further appearing that more than sum from July 20th, 1929 until pala} and red since the service defendents have fairedtbo on of summons and copy é thirty days have elapsed and expt and that the 414 pear and answer or demur to said complaint within the time allowed by law, ana still fail and neglect to answer or demur to said complaint; It is, therefore, considered, adjudged and decreed that the plaintirr recover of the defendants the sum of $1,000.00 with interest thereon from the 20th day of July 1929, at the rate of six per cent per annum until paid, It is further considered and adjudged that the plaintiff recover of a the defendants the costs of this action to be taxed by the Clerk of the Court, John L Milholland, Clerk Superior Court, Wo ORIEN ee NE ek | North Carolina, In the Superior Court Iredell County. July Criminal Term, 1930, General Exchange Insurance Corporation 4 vs $ JUDGMENT Board of Education of Iredell County. ) This cause coming on to be heard anda being heard on the agreed state- ment of facts hereto attached, and the court being of opinion, upon said state- ment of facts, that the plaintiff is entitled to be subrogated to the rights of irs W D Rash, with respect to the automobile therein d«scribed and as such is entitled to recover of defendant the net proceeds of said car, It is, thereupon, ordered and adjudged by the Court that the plaintiff have and recover of the defendant the sum of $224.10 with interest thereon from October 15th, 1987, _ Thomas L Johnson Judge Presiding. state of North Carolina, } In the Superior court ‘Gounty of Iredell ) fhe Federal Land Bank of Columbia PLAINTIFF? JUDGMENT AND ORDER OF FORECLOSURE vs 4 4 DA Miller and wife Roxie Miller, 4} AC Isenhour, Lazenby Montgomery } Hardware Company, and BM Miller ) and the Statesville National Farm 4 Loan Association, DEFENDANTS 4 This cause coming on to be heard before the undersigned as Clerk of x the Superior Court of Iredell County, North Carolina, upon application of the plaintiff, The Federal Land Bank of Columbia, for a judgment by default final up on its complaint, and for want of an answer, and being heard, the Court finds xe the following facts: 1. That summons was duly issued in this cause on the e6th day of June, 1950, and the same has been duly served on all of the defendants herein, and a duly verified complaint was filed herein, as required by law, and a cop thereof served on 411 resident defendants, and that the defendant D A Miller and AC Isenhour, mortgagors, and the defendant Statesville National Farm Loan Associa- tion, have heith appeared, answered nor demurred thereto and are now in default, and that more than thirty (30) days have elapsed since the service of the summos issued in this cause; 2. That this action is founded upon a promissory note for the repayment of money borrowed of the plaintiff, which was executed ahd delivered by the de- fendants D A Miller and A C Isenhour, and duly endorsed by the Statesville Nat- ional Farm Loan Association to the plaintiff, which is now the lawful owner and bona fide holder thereof, and issecubed by a mortgage of even date therewith @ executed and delivered to the plaintiff by the said defendant<:borrows on the 28h day of February, 1927, which was duly recorded in the office of the Register of Deeds for the county and state aforesaid on the 28th day of February, 192%, in book 59 at page 274, and this mortgage covers the same land described in the Plaintiff's complaint heretofore filed in this cause, which is located and bound ed as follows: All those certain tracts or parcels of land, ee spon gpa 75 acres and 20 acres, more or less, located lying and be - a ae ae ship, County of Iredell, State of North Carolina, having suc pe, , rence to a plat Courses, and distances as will more fully appeer by ae S 0 Lazenby, County thereof made by D L Raymer abstractor from a plat drawn Surveyor for Iredell County, N. C. on January 14, Sere ae vedewsi Lend bank Said plat is attached to the abstract now on file with th of Columbia Wy - The 75 acre tract is bounded on the Morth by the lands of hi M wither j Henry Setzer; on the South by the” er ek ae ee a that sone dh tes she lands of Monroe Sires, & Ratioes ou pope and i Wischerepoe 6s * pes, “the Be cee Ot race joining 75 acre tract) As bounted se oes North by the lands of C R Miller; on the Kast by the a o of om aaaPete CW Goble and John Goble; on the South by the lands of John Gopmaaam vohle; on the Weat by the lands of BM Massey and Buttal® clones te the deed The two tracts above referred to are the same 7 ieee” Beeuwaed from C R Miller and wife to D A Miller, dated December 16, , in book 87 page 275, xegistry of Iredell County, MC. 5S. That the facts alleged in the Plaintiff's verified complaint are found’ tobe true as alleged, and it appears therefrom that the condition of the mortgage herein mentioned has been broken and that there is now justly due and owing to the plaintiff by the said defendants mentioned in the next pre- ceding paragraph the sum of ahibeex thanmandx thax Saymeeeehy Por ag 2d/ 100, cents, for all of which the plaintiff is entitled to demand judgment ; 4. NOW, THEREFOKH, on motion of the plaintiff's attorney, made on this the first Monday in August 1950, IT IS ORDSRED AND ADJUDGED: First: That the defendants D A Miller and A C Isenhour and the States- ville National Parm Loan Association are in default, and that plaintiff have and recover of them the sum of Pupmnrtanaannd ai eng ge ohae By Boy Fe no 81/400 teen cents with interest thereon at six (6%) per annum from the date hereof until paid, and the costs of this action; Second: That unless the indebtedness herein adjudged to be due the plaintiff, including the costs of this action, is paid immediately the lands described in said mortgage to the plaintiff are hereby ordered and condemned to be sold at public auction on Sept 27, 19350 at 120'clock, noon, at the Court House door in this county and the proceeds thereof, after paying the costs of this action and the expenses of advertising, selling and conveying the said lands, including five (5%) per centum of the accepted bid as comp- ensation for the Commissioner, together with all past due taxes and assess- ments thereon, shall be applied first upon this judgment, and the surplus, if any, paid into this Court for the benefit of thdés entitled thereto; Third: That A B Raymer be and he is hereby appointed a Commissioner of this Court to advertise and sell to the last and highest bidder therefor, upon the terms herein set forth, the mortgaged lands described in the comp- laint herein and revort his proceedings hereunder, with a complete statement of his receipts and disbursements, for further consideration and orders by the Court; Fourth: That the said Commissioner do require the successful bidder to deposit at once with him, or into this Court, the sum of Three Hundred Dollars ($300.00),® either in cash or by certified check, the same to be ap- plied on the bid should there be a compliance therewith, but should there be a failure to comply therewith, then it shall be forfieted to the plaintiff and the premises wesold on the same or the next convenient salesday there- after upon the terms and at such bidder's risk; Fifth: That upon the conffrmation of the sale of said lands by the Clerk of the Court, and when the terms of sale shall have been fully comp- lied with, the said Commissioner shall make title to the purchaser in fee, and thereupon the same shall be put into possession of the said premises on production of the deed; Sixth: That the terms of sale shall be as follows: one fifth (1/5 of the accepted bid shall be paid into Court in cash, immediately after the confirmation of the sale, the balance on credit, payable in five (5) equal annual installments, with interest thereon at six (6%) per centum per an- num, from the date of the sale until paid, and secured by a first mortrage of the premises on the part of the purchaser; provided, that the purchaser shall have the right, when complying with the terms thereof, to pay in cash the whcle or any pabt of the credit ppbtion of the purchase price. Should the cash proceeds of the sale not suffice, after paying the costs of thte su tion, the expenses of the sale including the compensation to the Commissione and all unpaid taxes and assessments, then assessed upon the property, to db charge and pay off the judgment in favor of the plaintiff in full, then any balance due upon said judgment shall be evidenced by a separate bond and see cured by a first and separate mortgage of the premises on the part of the purchaser, and transferred and assigned to thev plaintiff. The purchaser sha shall pay for the preparation and recording of all papers including the re- quisite revenue stamps; provided, however, that revenue stamps need not be placed on the deed of conveyance to the plaintiff, should it become the pur- chaser, or on the bond securing any balance due the plaintiff on its judgmet Seventh: That permission is given to the Federal Land Bank of Colunb ia to bid at said sale or at any resale of said mortgaged lands and in case it is the successful bidder it shall not be required to make a deposit with its bid and after paying the costs of this action, the amount of its bid Shall be applied as a credit upon this judgment; Bighth: That all right, title, interest and equity of redemption of the defendants D A Miller and wife Roxie liiller and A C Isenhour as well as j A an t of all persons whomsoever Claiming through or under the sa:e in and to the premises or any part thereof herein ordered to be sold shall be, and upon Sale of said lands the same are, hereby forever barred and foreclosed. This the 4th day of August, 1930. John L Milholland, Clerk of the Superior Court for Iredell County. 417 418 North Carolina. 4 In the Superior Court North Carolina, In the Superior Court : Iredell County. § “efore the Clerk, Iredell County. Before the Clerk R F Rives, 6 \ Sterling Flour Mills, Ine. § \ vs 4 JUDGMENT ™ ™ T L Adams, and James Adams, } \ vs (4 JUDGMENT and T L Adams, Guardian Ad § Rk S Dickson & Company, Inc 4 un vem. This cause coming on to be heerd and being heard before the us This cause coming on to be heard before the undersigned Clerk of dersigned Clerk of the Superior Court of Iredell County, and it appearing the Superior Court of Iredell County, and being heard, and it appearing to to the Court that the plaintiff and defendants have compromised and settled the Court that the plaintiff and defendant have compromised snd settled all all matters in controversy between them, and growing out of the collision matters of difference between said parties, and growing out of the matters of the automobile of the defendants woth the automobile of the plaintiff, and things alleged and set forth in the complaint in this action; and it fur- at the time, and on the occasion wentioned in the compaaint; and it further ther appearing that the terms of compromise have been fully complied with; appearing, by the terms of said compromise, that the plaintiff is to re- and it further appearing that the defendant is to pay the costs of this ac- cover of the defendants the sum of One Hundred snd Fifteen ($115.00) Dollas tion; and the costs of this action, to be taxed by the Clerk of the Court: It is, therefore, by consent, considered, ordered, adjudged and : IT IS, THEREFORE, by consent, orde ed, adjudzed and decreed by the decreed that the plaintiff's cause of action be, and the same is, hereby Court that the plaintiff recover of the defendants the sum of One Hundred non-shited, and it is further considered and adjudged that the costs of and Fifteen Dollars ($115.00), together with the costs of this action to be this action be paid by the defendant, - taxed by the Clerk of this Court, This the 15th day of September, 1930, This 27th day of September, 1950. John L Milholland, John L Milholland Tas eee ee ; Clerk of Superior Court BY CONSENT: BY CONSENT: Sterling Flour Mills Ine, Grier, Grier & Joyner APPROVED: By Vv L Gilbert Sec & Treas, Attorneys for plaintiff By H P Grier Sr, RF Rives — a Plaintiff R S Dickson & Company Ine, BY RS Dickson, Pres, P W Garland ; Attorney for Defendants i, Adams ne te - : James Adams, see ‘ We WE Tei Sele Le Hk Ry ' TL Adams ’ bee bee North Carolina, In the SuperiornCourt Iredell County. In the Superior jourt Foreign & Domestic Veneer Co, ) ; North Carolina, ~ vs ’ JUDGMENT Iredell Gounty Before the Clerk Kincaid Veneer Company. | CJ Holland, Pyaintirr Q This cause coming on to be heard on September 18th, 1930, and the \ vs 4 JUDGMENT FINAL aa THE CLEKK ON NOTE plaintiff having moved for non-suit, is is now upon motion of E M Land, Henry Henkel and Ida Fay ) Henkel, Defendants 4 Attorney for the Plaintiff be and is hereby non-suited, and that the plain- ‘ sik aaa ne } dad before the tiff pay the cost of this action. This cause coming on to be heard end being hear e : on Signed Clerk of the Superior Court of Iredell County, North Carolina, John L Milholland, thet sus- Clerk Superior Court. , lionday the 6th day of October, 19350, and it appearing to the Court © i = > rr mons in this action was caused to be issued by the plaintiff from Clerk o E M Land. 2 : st, 1930, return Attorney for Plff, the Superior Court of Iredell County on the 25th day Of , GRAM : ‘was filed in the Shtbtete tHe Seb Sesese ese e ee ) able as provided by law, and that duly verified complaint wa : SPtEE eshte ie esetede see 420 t@# above entitled action on the 25th day of August, 1950, It further appearing bo the Court that the summons together with a copy of the summons and a copy of the complaint was served on each of the defendants, Henry Henkel and Ide Fay Henkel on the 26th day of Auguat, 1950 and that all of said defendants was duly served by summons and are now in fendants have filed any answer or demurred ourt and that neither of said de- to the complaint in this action raising any issue of fact and that more than thirty days have elapsed since the service of said summons upon said defendants. It further appearing to the court tk at on or about the 17th day of October, 1928, the defendants, Henry Henkel and Ida Fay Henkel being indebt- ed to the plaintiff C J Holland, in the sum of $1000.00 made, executed and de- livered to the said OC J Holland their promisory note under seal, due and able one year after date, drawing interest annum from October 17th, 1928, until paid, and it further avpearing to the Court that cipals for the payment thereof and has been at the rate of six per centum interest due and payable annua} Remand has been made on the pri refused. It further appearing to the Court that this is a cause of action upon a promissory note for an amour t certain anda at mor -han thirty davs have elapsed from the service of said summons and that more than thirty days have elapsed from the return date named in said Henry Henkel and : Wavy Henkel, nor either 4 summons and that tre defendants, of them have denurred to the plaint, or filed any answer denving the complaint, or raising any Lssue 1+ appearing to the Court that the plaintiff, C J Holland, is recover of the defendant Henry 1000.00 with tnterest October, | yn account of said note. therefore, ordered, plaintiff, © Holland, recover ol enkel in this action the sun of $1000.00, of six per centum per annum from the 17Bh interest due and payable annually and the Clerk of the Court. [his the 6th day of Ocfober, 1930, snkel and Ida Fay Henkel, the six ver centum per ane nayable annually, y the Cour Henkel thereon at of October, 1928, until paid, sst of this action to be taxed by __John L Milholland _ Clerk Superior Court. Supertor Court North Caroline, fredell County e Commercial Credit Company Inc. vs BM Davis and # L Davis, parts ners brading 4s Davis Motow Co. mis cause coming on to be |} 4 heard bef Clerk of the Superior Court of lre: 4t appearing tt at summons ed by reading and delive Hlaint on eacl interest from fur t! wit: herefore avis North Carolina, Iredell Gounty/ James “Wallace ff F H Wallace ‘ ) JuDGM 4 ' i f » the unde This cause coming on to be heard anéobeing heard before ne Ve ‘ c OG n Yk Signed Clerk of the Superior Court of Iredell County om Monday Sept. 26th 1929, : ied ‘ ‘ 929 and was and it appearing that summons Was {asued on the gend day of Jan | - , > tt ylaint on Berved by reading and delivering @ copy thereof and a copy of the compla rat erified com ®ach of the defendants; end it appearing to the Court that 4 duly ver P OO +her ap- laint was filed in said cause on the gord day of Jan, 1929; and it furth P , . » of FH Wal- Peering to the Court that the defendente 98 Bxecutors of the eatete © e sum of lace and the estate of F H Wallece are sndebted to the plaintiff in th Thirteen Hundred and Forty-five and 50/100 ($1345.50) Dollars, with interest from the date of this judgment until paid at the rate of 6% per annum; and it further appearing that said amount is evidenced by a promissory note executed by F H Wallace to plaintiff, the terms of which are set out in the verified complaint filed in this cause; and it appearing that no answer or demurrer has been filed in the time allowaed by law; It is therefore ordered and adjudged that the plaintiff recover of the defendants as executors of the estate of F H Wallace and the estate of F H Nallace the sum of $1345.50 with interest at the rate of 6% ver annum from the date of this judg ent until paid, and that the costs of this action be taxed by this Court against the defendants. This the 25rd day of September, 1929, John L Milhoiland, Clerk Superior Court North Carolina, In the Superior Court Iredell County. Ramsey=Bowles Company us M Freeze This cause coming on to be neard before the undersigned Clerk of the Superior Court, and it appearing to the Court that the plaintiff's action is based upon a cont . fro merenandise purchased by the defend- ant, and that 4 verified complaint together mons was served upon the defendant on August Sth, 1950; that the defendant h ft é to answer or demur to the alleged cause of action and therefore no iss P fact is raised. It is, therefore, ordered that the plaintiff recover of the defend- ant the sum of $220.27 with interest from July 6th 1928, and that the defend- ant be taxed with the cost of this action. This the 6th day of October, 1930.6 John & Milholland, Clerk Superior Court North Carolina, tredell Countye Iw Natson vs Tarheelia Investment & Realt y 10.4 and Frances G Nicholson. ' This cause coming or ed Clerk of the Superior Court of [rede] County « i ay of 0c +3 1930, and it appearing to the Court romised and settled all their cifferences filed in this action and have consented to thi has agreed to pay the premiums or the Tarheelia Investment & ne Insurance Company, on which Great where or as: reason hee] the ADJUDGED that the plab n I? IS THEREFORE, BY CONSENT, ORDERED, _ nar hy ty<-f 5125.0 tiff recover of the defendants the sum of one Hundred twenty-five (pleo- 0) . ‘ . ; AOS P +) action and kK Dollars, and that the plaintiff pay one-half of the costs of this ac oO the defendants pay one-half of costs. BY consent, is 1s further ordered that te sum of $125.00 be paid over to CG B spencer, Attorney and that he apply said sum 1e the Employers Fire Insurance COs, ao * “ vO the payment of the {nsurance premiums ay and the Great National Insurance Company written by the plaintiff in the name # of the Tarheelt . Company selia Investment *& Realty Company . : John L wilholland, This the 10th day of October 1930. a folige eet 9 ene een + Consented » a to by; : to by: Agreed to ¥Y> ’ B Spencer, J W Watson, Plaintiff Attorney for Plaintiff pTarheelia Inv. & Realty Co Ine. nose & Winberry By Frances G Nicholson Attorneys f dants Yy or Defendan Frances G Nicholson Defendants. ae ge pete etek eae RS H a ee pass 5c I 424 North Carolina, In the Superior Court Iredell County. 4 Before the Clerk. J B Rogers and George H. Emery, Partners, Trading as J B Rogers & Company. vs JUDGMENT BY DEFAULT FINAL N H McGeachey Tis cause coming on to be heard before the undersigned Clerk of the Superior Court, on Monday, Oct 13th, 1950, and it appearing to the Court that the defendant in this action is the Sheriff of Cumberland County and that summons, duly issued from this Court on the 12th day of August, 1950, together witr copy of plaintiff's duly verified complaint, were served on said defendant by the Cor- oner of Cumberland County, on the 19th day of August, 1950, by leaving a copy of the summons and a copy of the verified complaint with the defendant herein; And it further appearing that more than thirty days have elapsed since the service of said summons and complaint on the defendant and that the defend- ant has failed to answer or demur to the plaintiff's cause of action, raising any issue of fact; It is, therefore, considered, ordered and adjudged that the plaintiffs recover of the defendant the sum of $350.00, with interest at the rate of six per cent per annum from December lst, 1929, until paid, and for the costs of this action to be taxed by the Clerk of this Court. John L Milholland, Clerk Superior Court SE0 JE ENE te thee eee Shit eee eee North Carolina, j In the Superior Court Iredell County. $§ Stateville Flour Mills Company. vs JUDGMENT —_— Soe Frank B Graham The above cause coming on to be heard before the undersigned, clerk of the Superior Court, and it appearing to the Court: That the above action was instituted out of this Court on the 19th day of September, 1950, by the pleintiff filing a verified complaint and by issuing summons to the Sheriff of Rowan county directing him to summons Frank E Graham to appear before the undersigned clerk, ff within thirty deys of judgment would be rendered against him; and thet the shert! laintiff's verified comp e than thirty answer or of Rowan County served said summons and a copy of the p laing on the defendant on the 20th day of September, 1950; that mor days have elapsed since said service and the defendant has failed to mur to the plaintiff's cause of action. 425 That the plaintiff's cause of action is based on a contract for merchan- gise sold and delivered to the defendant, and alleging that the defendant is in- ; febted to the plaintiff in the amount of $423.20 with interest from the 20th day I of June, 1950. an It is ordered and adjudged that the plaintiff recgiier pf the defendant i the sum of $423.20 with interest from the 20th day of June, 1930, until paid, and j for. the cost of this action to be taxed against the defendant, This 20th day of October, 1950. John L Milholland, Clerk. Superior Court State of North Carolina, In the Supeeior Court Ipedell County. 0 Before the Clerk. \ Sarah P Holland § vs ) CONSENT JUDGMENT BE Austin-Clontz Company, Inc. § This cause coming on to be heard, and being heard on this, Monday, the 27th day of October, 1930, before John L Milholland, Clerk of the Superior : Court of Iredell County, and it appeering to the satisfaction of Court that sum- mons herein was duly served, as required by law, upon the defendant, and that a duly verified complaint was filed herein, and that defendants have filed an answe And it further appearing to the Court that this is an action upon a con- tract in writing entered into by and between plaintiff and defendant pertaining to the renting by defendant of a store building in the City of Statesville from the plaintiff on January 24, 1927, for a period of five years, a copy of the Ba, lease being attached to and made a part no rents therefor since April 1, 1950, and that, said lease does not expire until the year 1932, and that the amount of rent which defendant was to pay plaintiff for said building from April, 1950 to the expiration of the lease was and is $500.00 per month, and that plaintiff has been able to rent a part of said building to other parties in mitigation of her damages; and it further appearing to the Court that on or about the 19th day of June, 1930, plaintiff instituted this action in the Superior Court of Iredell County against the defendant for the recovery of rents at that time in arrears, and thet plaintiff is now preparing to file another suit against defendant for further rents that have accrued since the filing of the aforesaid action, and that plaintiff will from time to time continue to file such actions. And it further appearing to the Court that defendant has agreed that all matters in controversy between plaintiff and defendant, present or prospective, | | 426 pertaining to the matters set forth in the pleadings filed in this cause, shall be determined in this cause, and without further litigation, and that to this end the parties hereto have arrived at a satisfatory settlement of all matters in Controy.- ersy between them pertaining to the renting of the building in the City of States. ville referred to in the pleadings. It is now, therefore, by consent of the plaintiff, Sarah P Holland, by and through her attorneys, Scott & Collier, and by Austin-Clontz Com pang, Inc, by and through its attorneys, Taylor &« Thomas, considered, ordered, adjudged and decreed by the Court that plaintiff recover of the defendant the sum of $3,000.00 with interest thereon from the date of the rendition of this judgment, which shal) constitute full séttlement and satisfaction of all matters in controversy between plaintiff and defendant, as aforesaid, and that judgment may be accordingly rend- ered and docketed on Monday, October 27, 1950. Done at office in Statesville, N. C.; this Monday, the 27th day of October, 1950. John L Milholland, Clerk of Superior Court. By Consent: Scott & Collier Attorneys fpr Plaintiff Taylor & Thomas Attorneys for Defendant. North Carolina, In the Superior Court Iredell County. The Federal Land Bank of Coluimbia b Plaintiff. \ vs 4 JUDGMENT AND ORDER OF FORECLOSURE. J B Kestler, Maggie Salmons, W A Bristol} trustee, Henkel Craig Livestock Company, | Southerm Ball Telephone & Telegraph Company, and the Statesville National (4 Farm Loan Association, Defendants 4 erk of the Sup- iff, This cause coming on to be heard before the undersigned Cl erior Court of Iredell obanty, North Carolina, upon application of the plaint pnnits comp- The Federal Land Bank of Columbia, for a judgment by default final UP laint, and for want of answer, and being heard, the Court finds * That sugmons was duly issued in this cause on the 9th day of september, 1930, and the same has been duly served on all of the defendants herein, and & and a copy thereof duly verified complaint was filed herein, as required by law, served on all resident defendants, and that the defendant J B Kestler, mor™ a nei ther ee and the defendant Statesville National Farm Loan Association, have 427 ed, answered or demurred thereto and are now in default, and that more then thirty days have elapsed since the service of the summons issued in this cause g- That this action is founded on a promissory note for the payment of money borrowed of the plaintiff, which was executed and delivered by the defed ant J B Kestler, and duly endorsed by the Statesville National Farm Loan Asso- ciation the plaintiff, which is now the lawful owner and the bona fide holder thereof, and is secured by a mortgage of even date therewith duly executed and delivered to the plaintiff by the said defendant borrower on the 23rd day of February, 1920, which was duly recorded in the office of the Register of Deeds for Iredell County, North Carolina on the 23rd day of February, 1920, in Book 47 page 162, and this mortgage covers the same land described in the plaintiff | complaint heretofore filed in this cause, which is located and bounded as fol- lows: All that certain piece, parcel or tract of land containing 34-% acre more or less, situate, lying and being in Statesville Township, Iredell County North Carolina, about 2-% miles South from Statesville on the AT & 9, Rail- road, and about } mile from the Steatesville-Charlotte Highway, having such shape, metes, courses and distances as will more fully appear by reference to a plat thereof of S O Lazenby, County Surveyor, on the end day of February, 1929, and being bounded on the North by the lands of S E Lippard; on the Kast by the lands of Boyd Estate and S E Lippard; on the South by the lands of Boyd Estate and Howard Estate, and on the West hy the lands of J O Overcash. This being the identical land conveyed to J B Kestler by deed from ’ A Kestler and wife M M Kestler; J F Stradley and wife Lelia O Stradley, and Lee Salmons and wife Maggie Salmons, on January 25, 1915, and recorded in Book 51 page 255, Register's Office of Iredell County. i nak Noni 3- That the facts alleged in the plaintiff's verified complaint are j found to be true as alleged, and it appears thebefrom that the condition of , the mortgageherein mentioned has been broken and that there is now justly due and owing to the plaintiff by the said defendants mentioned in the next pre- ] ceding paragraph the sum of Six Hundred Seventeen ($617.42) Dollars and forty-~- two cents, for all of which the plaintiff is entitled to demand judgment; 4, NOW, THEREFORE, on motion of the plaintiff's attopney, made on this the fourth Monday in October, 1950, it is ordered and adjudged: First: That the defendants J B Kestler and the Statesville National Farm Loan Association are in default, and that plaintiff have aad recover of them the sum of Six Hundred Seventeen and 42/100 ($617.42) Dollars with inter- est thereon at the rate of 6% per annum from the date hereof until paid, and the costs of this action; Second: That unless the indebtedness adjudged herein to be due the Plaintiff, including the costs of this action, is paid immediately the lands described in said mortgage to the plaintiff are hereby ordered and condemned to be sold at public auction on Saturday, November 29, 1930, at the Court House Door in this County, and the proceeds thereof after paying the costs of this action and the expenses of advertising, selling and conveying the said lands including 5% of the accepted bid as compensation for the commissioner, ® 428 together with all past due taxes and assessments thereon, shall be applied first upon this judgment, and the surplus, if any, paid into this Court for the benefit of those entitled thereto; Third: That A B Raymer be and he is hereby appointed Commissioner of this Court to advertise and sell to the last and highest bidder therefor upon the terns herein set forth, the mortgaged lands decribed in the complaint herein and report his proceedings hereunder, with a complete statement of his receipts and disburse. ments, for future consideration and orders bg this Court; Fourth: That said Commissioner do require the successful bidder to deposit at once with him, or into this Court, the sum of One Hundred Bollars, either in cash or by certifiedicheck, the same to be applied on the bid should there be a compliance therewith, put shoulda there be a failure to cpmply therewith, then it shall be forfeited to the plaintiff and the premises resold on the same or the next convenient salesday thereafter upon the same terms and at such bidder's risk; Fift: That upon the confirmation of the sale of said lands by the Clerk of the Court, and when the terms of the sale shall havebeen fully complied with, the said commissioner shall make title to the purchaser in fee, and thereupon the same shall be put into possession of the said premises on production of the deeds : Sixth: That the terms of sale shall be as follows: One-half of the accep- ed bid shall be paid into Court in cash, immmediately after the confirmation of the sale, the balance on credit, payable in two (2) equal annual installments, with interest thereon at six (6) per centum per annum from the date of sale un- til paid, and secured by a first mortgage of the premises on the part of the purchaset; provided that the purchaser shall have the right, when complying with the terms hereof, to pay in cash the whole or any part of the credit portion of the purchase price. Should the proceeds of this sale not suffice, after paying the costs of this action the expenses of the sale including the compensation to the Commissioner, and all unpaid taxes and assessments, then assessed upon the property, to discharge and pay off the judgment in favor of the plaintiff in full, then any balance due on said judgment shall be evidenced by 4 separate bond part of the and secured by a first and separate mortgage of the premises on the purchaser, and transferred and assigned to the plaintiff. The purchaser shall pay quisite revenue e deed of for the preparation and recording of all papers including the re stamps; provided, however, that revenue stamps need not be placed on th 4 conveyance to the plaintiff, should it become purchaser, or on the bond securing any balance due the plaintiff on its judgment. ia Seventh: That permission is given to the Federal Land Bank of Columb 8 to bid at said sale or at any resale of said mortgaged lands and in case it f with its bid and af successful bidder it shall not be required to make a deposit applied os ter paying the costs of this action, the amount of its bid shall be a credit upon this judgment; | Iredell County. § \Jja corporation, Plaintiff. 429 Eighth: That all the right, title, interest and equity of redemption of the defendant J B Kestler as well as of all persons whomsoever claiming through or under the same in and to the premises or any part thereof herein ordered to be sold shall be, and upon sale of said lands same are, hereby for- ever barred and foreclosed. This the 27th day of October, 19350, John L Milholland, Clerk Superior Court BRK RA North Carolina, } In the Superior Court Before the Clerk as Clothing Company, ws 6 PARP supew ane Sam E Kelly, Mrs C L Kelly, and 9) C P Lowrance, trading and doing 9 business under the name of Kelly} Brothers & Sons, Defendants. q This cause coming on to be heard before the undersigned Clerk of the Superior Court of Iredell County, North Carolina, on this Monday, the 27th day of October, 1930, upon motion of Attorneys for Plaintiff, Adams *& Dearman, for judgment by default final, and it appearing to the Court that summons was ise sued on the 16th day of September, 1950; that said summons was returnable as provided by law; that on the 16th day of September, the plaintiff filed a duly verified complaint with the Clerk of Superior Court of Iredell County, demand- ing a sum certain in money due on an open stated account; that a copy of said summons, together with a copy of the complaint was served on the defendants, Mrs C L Kelly, and C P Lowrance on the 18th day of September, 1950; tha* a coy of said summons, together with copy of the complaint was served on the defend- ant, Sam E Kelly, on the 19th day of September, 1950; it further appearing to the Court that the time allowed for the defendants to plead has ekapsed since the service of the complaint and summons upon the defendants; that no answer, demurrer, or other pleading, or motion has been filed by the defendants, and that no extension of time within which to plead or to move has been requested by, or grahted to the defendant, and it further appearing that the defendant exhibited to the Court the open stated account, and that there appears to be due on said obligation, the sum of Six Hundred Sixty-three Dollars and Twenty~- five cents ($663.25) together with interest thereon at the rate of six per cen (6%) per annum from the 12th day of February 1950, until paid. | 430 THEREUPON, IT IS ADJUDGED, DECREED AND ORDERED that the plaintirer recoy- er of the defendants the sum of Six Hundred Sixty-three Dollars and Twenty-five Cents ($663.25), with interest thereon at the rate of Six Percent (6%) per ennen from the 12th day of February, 1930, until paid, together with the costs of this action to be taxed wy the Clerk of the Court. This Monday, #7th day of October, 1930. John Tl. Milholland, Clerk Superior Court North Carolina, } In the Superior Court Iredell County. } C L Williams, Receiver of the 4 Commercial National Bank of j Statesville, N.C. 4 vs JUDGMENT North State Furniture Manufacturing Company. This cause coming on to be heard and it appearing to the Court that judgment was entered herein against the North State Furniture Manufacturing Com- pany on a note of $1950.00 with interest from January lst, 1928, and $8.80 cost, and that Stearns Broshers, Inc. was included as party defendant as endorser of said note which said judgment is docketed in Judgment Docket 25, page 250, of the records of the Clerk of the Superior Court of Iredell County, North Carolina And it further appearing that said note of $1950.00 was deposited as collateral to two certain notes of Stearns Brothers, Inc. for $5000.00 each, sub- ject to certain credits on which notes judgment has heretofore been entered a8 more fully appears from the judgment docketed in Judment Docket 25, page 249, of the records of the Clerk of the Superior Court of Iredell County, North Carolina; It is now ordered and adjudged by consent of all parties herein that the judgment against Stearns Brothers, Inc. recorded in Judgment Docket 25, page 250, be and is hereby striken out but that the judgment entered against North State Furniture Manufacturing Company be and remain in full force and effect. This October 20th, 1930. John L Milholland, Clerk Superfor Court By Consent: E M Land Atty for C L Williams. Carroll B Spencer Atty for Stearns Bros. Inc, Carroll B Spencer Atty for North State Furn Mfg Co. AMT iets Hee g WU IE ee * 431 North Carolina, In the Superior Court Iredell County. Federal Land Bamk of Columbia, Plaintiff. vs JUDGMENT AND ORDER OF FORECLOSURE C N Gilleland and wife Lillie Gilleland, Chal Williams, Lee C Brown, Monroe Adams, Trustee for H M Mor- rison, Lazenby-Montgomery Hard~- ware Company, and the Statesville National Farm Loan Association. Defendants This cause coming on to be heard before the undersigned Clerk of Superior Court of the County and State aforesaid, upon application of the plaintiff, The Federal Land Bank of Columbia, for a judgment by default fin- al upon its complaint, and for want of answer, and being heard, the Court finds the following facts:- i 1. That summons was duly issued in this cause on the 20th day of September, 1930, and the same has been duly served on all of the defendants herein, as required by law, and a copy thereof served on all of the resident defendants, and that the defendants C N Gilleland and wife Lillie Gilleland, qn mortgagors, and the defendants Statesville Farm Loan Association, have neith er appeared; answered or demurred thereto and are now in default, and that more than thirty (30) Bays have elapsed since the service of the summons is- sued in this caus6; 2. That this action ts founded on a promisory note for the paymen of money, which was executed and delivered by the defendants C N Dilleland and wife Lillie Gilleland, and duly endoréed . National Farm Loan Association to the plaintiff, which i the lawful owner and | the bona fide holder thereof, and is secured by a mortgage of even date ther with, duly executed and delivered to the plaintiff by the said defendant bor rowers on the 12th day of November, 1921, which was duly recorded in the of- fice of the Register of Deeds for Iredell County, Nopth Carolina on the 12th day of November, 1921, in Book 56 page 30, and this mortgage covers the same land described in the plaintiff's complaint heretofore filed in this cause, which is located and bounded as follows: All those two certain contigous pieces, parcels or tracts of land containtng 30% acres and 14/ acres, respectively, more or less, situate ly- ing and being on the Eufola-Brown's Mill public road, about # mile from the town of Eufola in Fallstown Township, County of Iredell, State of North Care lina, and having such shapes, metes, courses and distances as will more ful- ly appear by reference to @ plat thereof made by D L Raymer, abstractor, fra D E of the 30% acre tract on Oct 51 1914, an actual survey made by Crawley, of the 14/ acre tract on March 14 19213; seid and by S 0 Lazenby, Surveyor, * lands being bounded on the North by the fands of R E Plott and H A Kale; on the East by the lands of GusrAnderson;iCharles Edwards, and A P Kale; on the South by the lands of Charles Edwards and A L Aldridge; on the West by the lands of R & Plott, Mrs U A Fisher and Silas Davidson. 3. That the facts alleged in the plaintiff's verified complaint are foundsa to be true as alleged, and it appears therefrom that the condition of the mortgage herein mentioned has been broken and thab there is now justly due and owing to the plaintiff by the said defendants mentioned in the next preced- ing paragraph the sum of One Thousand One Hundred Ninety and 56/100 ($1190.56) Dollars, for all of which the plaintiff is entitled to demand judgment, NOW, therefore, on motion of the plaintiff's attorney, made on this the first Monday in November, 1950, it is ordered and adjudged; Fisrt: That the defendants C N Gilleland and wife Lillie Gilleland nad the Statesville National Farm Loan Association are in default, and that the plaintiff es of them the sum of One Thousand One Hundred Ninety and 56/100 ($1,190/56) Dollars with interest thereon at the rate of 6% per annum from the date hereof until paid, and the costs of this action; Second: That unless the indebtedness adjudged herein bo be due the plaintiff, including the costs of this action is paid immediately the lands deecribed in said mortgage to the plaintiff are hereby condemned and ordered t be sold at public auction on Friday, December 5, 1950, at the Court House door of this County, and the proceeds thereof, after paying the costs of this action and the expense of advertising, selling, and conveying the said lands, includ- ing 5% of the accepted bid as compensation for the Commissioner, together with all past due taxes and assessments thereon, shall be applied first upon this judgment, and the surplus, if any, paid into this Courtfor the benefit of those entitled thereto; Third: That A B Raymer be, and he is hereby appointed Commissioner of this Court to advertise and sell to the last and highest bidder therefor, 8 upon the terms herein set forth, the mortgaged lands described in the complaint herein and report his proceedings hereunder, with a complete statement of his receipts and disbursements, for future consideration and orders by this Court; Fourth: That said Commissioner de require the successful pidder to deposit at once with him or into this Court the sum of Tio Hundred Fifty Dole . lars, either in cash or by certified check, the same to be applied on the pid should there be a compliance therewith, but should therebe @ failure to comply therewith, then it shall be forfeited to the plaintiff and the premises resold e terms and on the same or the next convenient salesday thereafter upon the sem at the biidder's risk; Fifth: That upon the confirmation of the sale of said lands by the Clerk of the Court, and when the terms of the sale shall have been fully complied with, the said Commissioner shall make title to the purchaser in fee, and thereupon the same shall be put into possession of the said premises on the production of the deed; Sixth: That the terms of sale shall be as follows: One-Third of the accepted bid shall be paid into Court in cash, immediately after the confirma tion of the sale, the balance on cpedit, payable in three equal annual instat lments, with interest thereon at six (6) per centum per annum from the date of sale until paid, and secured by a first mortgage of the premises on the part of the purchaser; provided that the purchaser shall have the right, when complying with the terms hereof, to pay in cash the whole or any part of the credit portion of the purchase price. Should the proceeds of the sale not suf fice, after paying the costs of this action, the expenses of the sale, in- cluding the compensation to the Commissioner, and all unpaid taxes and assess» ments, then assessed upon the property, to discharge and payoff the judgment in favor of the plaintiff in full, then the balance due on said judgment shal be evidenced by a separate bond and secured by a first and separate mortgage on the premises on the part of the purchaser, and transferred and assigned to the plaintiff. The pmrchaser shall pay the preparation and recording of all papers including the requisite revenue stamps, provided however, that revenue stamps need not be placed on the deed of conveyance to the plaintiff, should it become the purchaser, or on any bond securing any balance due the plain- téff on its judgment. Seventh: That permission is given to the Federal Land Bank of Col- umbia to bid at said sale or at any resale of said mrotgage lands, and in cas@® it is the successful bidder it shall not be required to make a deposit with its bid, and after the costs of this action, the amount of its bid shall be applied as a credit upon this judgment; Eighth: That all of the right, title, interest and equity of redemp tion of the defendants C N Gilleland and wife Lillie Gilleland as well as all persons whomsoever claiming through or under the same in and to the premises or any part thereof herein ordered to be sold shall be, and upon the sale of said lands ere, hereby ferevercbarred and foreclosed. This the 3rd day of November, 1950. John L Milholland, Clerk Superior Court for Iredell County, HC TESTES TE te Sebi se Hee 433 434 North Carolina, In the Superior Court Iredell County. C L Williams, Receiver of the 4 Commercial National Bank of § Statesville, N. C. 4 vs } CONSENT JUDGMENT i Roger G Moore and J W Hatchett This cause coming on to be heard and it appearing to the Court thet the pleintiff and the defendants have agreed upon a judgment in this action; It is, therefore, ordered and adjudged, by consent, that the plein- tiff recover of the defendant J W Hatchett, as principal, and the defendant Roger G Moore, as endorser, the sum of $252.CO with interest from August 15th 1929, and the cos$ of the action to be taxed by the Clerk. Thos J Shaw Judge Presiding. By consent:- E M Land Attorney for plaintiff (Received and recorded Nov list 1930.) Lewis & Lewis Attorneys for defendants. \ @N THE SUPERIOR COURT Qr NOVEMBER TERM 1930 435 Thursday November 6th, 1930, North Carolina, In the Superior Court [Iredell County. November Term 1930, Be it remembered that a Superior Court begun and held in and for the State and County sforesaid, on Thursday the 6th day of November, 1930, A D when and where His Honor, J H Clement, Judge Presiding and Holding Courts for the Fifteenth Judicial Bistrict Fall Term, 1950, is present and presiding, and the Hon Zeb V Long, Solicitor and Prosecuting Attorney, is present and prosece fe) ting in the name of the State, J. L. Sherrill, High Sheriff of Iredel} County, is present and re- Oh turned into open Court the names of the following good and lawful men to serve as jurors for the First Week of this term of the Superior Court, to-wit: The following were drawn and sworn as Grand-Jurors for the term; JT Cashion, Chas, Privette, J H Conner, K S Sharpe, © F Sain, John Fowler, J WO Houpe, W C Mayes, J B Lippard, J L Martin, Albert Cooper, B H Cates, W R Combs wt I J Waite, J S Bost, J W McNeely, WM Smith and C A McLelland, Albert Cooper was appointed and sworn 4s foreman of the Grand-Jury. H F Heath was appointed and sworn as officer of the Grand-Jury. The following were excused by the Court, C W Madison, F B Watts, J E Dacons, John A White,. W R Call, W S White, N A Douglas, Rk C Wike and G E Bollinger were re- turned, “Not to be found in Iredell County." The following were drawn and sworn as petty jurors for the week, J A Reid, J L McLain, R RK Lazenby, W Press Sharpe, W J Campbeell, A B Stutts, 8 L White, Sam J Knox, and L H Lyons. The following were called and sworn as talesman for the week, R V Hot land, ™ S Hedrick, E R McAuley, S R Jurney, —E L Harmon, Geo M Foard, J H Stew- art, P C Wike, J A W Barkley, Richard Hix, M C Williams, J H Compton, S M Nicks, J F Moose, W C Ferguson, K A Brawley, H CG Dellinger and G M Joséy. No. 1 § TO APPEAR AND SHOW GOOD BEHAVIOR. State § Defendant appeared and showed good behavior. Continued vs ) under former order. ER Long a cee 8 TO APPEAR AND SHOW GOOD BEHAVIOR. ) State ,? Defendant appeared and showed good behavior. It 6s or- -" j dered by the Court that the defendant be discharged,. Red Clie i No. 5 j State 0 vs 4 James Williams 4 HOUSEBREAKING AND LARCENY Nol Prosed with Leave | i / H \ \ \ a ‘436 \ No 6 State vs Vernon Rash No. 9 State vs E B Cox No. 10 State vs George Hilton No 10- State vs George Hilton. No. 12 & 13 \ State vs Carrol Ervin No. 14 State vs Kmery Shoemaker No. 15 State vs Lawrance Long No. 17 State vs Jim Lazenby No. 18 State vs Herman Pierce No. 19 State Henry Gibbs No. 21 State vs Felix Combs No. 23 State vs Charles Harston No. 25 State vs Spencer Cook 0 t (0 ’ ons = oso mS So Set ec ee cea Soc eo ee eee oo SS etn Te tS Se ee § 4 : 4 f ) ) 4 IN THE SUPERIOR COURT NOVEMBER TERM 1950 Thursday November 6, 1950. TO APPEAR AND SHOW GOOD BEHAVIOR. Defendant appeared and showed good behavior. Continueg under former order, ASSAULT ON FEMALE Alias Capias,. PROSTITUTION Continued for costs. FORNICATION AND ADULTERY Continued until next court LARCENY for costs, In these cases State's witness Newt Lambert was called end failed to answer, Case Nol Prosed with leave POSSESSING LIQUOR. Nol Prosed with leave OPERATE CAR INTOXICATED. Defendant appeared and paid costs, discharged HOUSEBREAKING AND LARCENY Alias Capias NON=SUPPORT Alias Capias HOUSEBREAKING AND LARCENY The defendant comes into open Court and through his @ counsel Hugh G Mitchell pleads not guilty. The following jurors, A B Stutts, S R Jurney, LH Lyons, W J Campbell, Sam J Knox, J L McLain, R R Lazenby, W Press Sharpe, K V Holland, M S Hedrick, E R McAuley, sworn and empannelled and returned a verdict of guilty as charged in the Bill of Indictment. Judgment of the Court is that the defendant be im- prisoned in the common jail of Iredell Co of TWELVE MONTHS, and assigned by the Com worked on public roads of said county for sa BURNING LUMBER Continued by consent “ POSSESSING LIQUOR. Alias Capias SEDUCTION Continued by consent E L Harmony unty for a term missioner to bé id period. IN THE.SUPPERIOR COURT NOVEMBER TERM 1930 Thursday November 6, 1930, NOo 27 State vs Floyd Holbrooks No. 30 tate vs R L Bibee \ No. 31 \ State \ \ vs D H Hardin vs Charlie P McLelland \ No. 55 State vs Clarence Christy No. 38 _ State \X vs John Minnish No. 39 \ State — \ Jess Minnish Edward Mills Joe Hedrick No, 42 State vs Ben White ( ) 4 ‘ i 0 ) i ’ i j 6 ) 4 ¢ $ ) ) ) 4 § § 4 0 ¢ Q ') 4 } § ) LARCENY Continued by consent FALSE PRETENSE Defendant called and failed,. Judgment Instanter and Instanter Capias & Nisi Sci Fa HOUSEBREAKING AND LARCENY Nol Prosed with leave BASTARDY This case is ordered transferred to civil issue docket for trial FORNICATION AND ADULTERY Continued for State LARCENY Continued for State HOUSEBR EAKING Continued by consent LARCENY OF AUTONOBILE The defendant comes into open Court and pleads guilty to larceny of Automobile as charged in the bill of in- dictment. \ No. 43 ‘State 7.8 Ballard + \ State Thomas Hardie No. 46 State Will Chambers eS 50 Judgment of the Court is that the defendant be impri soned in the common jail of Iredell County for a period of THREE YEARS, and assigned by the Board of Commission ers to work on public roads of said county for said per period. HOUSEBREAKING AND LARCENY The defendant comes into open Court and through his counsel Malcom Cameron tenders a plea of guilty to larceny which plea the Solicitor accepts, TRANSPORT AND POSSESS LIQUOR. Continued for defendant LARCENY The defendant comes into open Court and pleads guily of larceny as charged in the bill of indictment. Judgment of the Court is that the defendant be im- prisoned in the common jail of Iredell County for a period of EIGHTEEN MONTHS, and assigned by the Commis- sioners to be worked on public roads of said county for said period. \ No. 52 \ State ~ vs Blake Stewart \ No. 53 4 teste vs Moses Kaplon ME <> ee ee SOO ee OO Oe D> ASSAULT WITH DEADLY WEAPON Comtinued by consent i BEZZLEM ENT Continued for defendant 437 438 . Noe 54 \ State vs John Scott (col) No 55 State \ vs Lonnie Lewis Lewis Coggins No. 56 State vs DB Brewer oo IN THE SUPERIOR «COURT. NOVEMBER TERM 1930, Thursday November 6, 19350. ASSAULTAWLITHL DEADLY WEAPON The defendant comes into open Court and pleads guilty Assault with deadly weapon as charged in the Balbanf.In- a@itement,. LARCENY OF AUTOMOBILE The defendants come into open Court and plead guilty to larceny of Automobile as charged in the Bill of Indigt. mente ; Judgment of the Court is that each of the defendants be imprisoned in the common jail of Iredell County for ¢ period of TWO YHARS, and assigned by the County Commission- ers to work on public roads of said county for said period, ASSAULT WITH DEADLY WEAPON Grand-Jubpy returned "Not a true Bill", No. 41 State vs Will Price - A True Bill. . No. 43 State vs Hardie- A True Bill ‘Nos. 44 & 45 State vs Jones, bailey & Houston- A True Bill No. 46 State vs No 54 State vs John > S Ballard, A True Bill. Scotte A True Bill. NO 55= State vs Lewis & Coggins- A True Bill. November 7th, This Honorable Court takes a recess ftintil Friday Morning 1930 at 9:00 O'clock A. M. f 4) pt Ae if LO sell 14 Judge Presiding and Holding fourts roe the ‘eth Judicial District | \ vs IN THE SUPERIOR COURT 4839 Pe NOVEMBER TERM 1930 Friday November 7, 1930, This Honorable Court convenes according to adjournment Friday Morning | November 7th 1930, No. 7 State vs Herbert’ G Morrison \ 83 22 State vs EM Davis No, 24 State \ vs Karl Clontz No, 26 \ State \ vs O M Moose No. 29 State Gus Borders at 9:00 O'cJock A. M. for the dispatch of business, 4 NON-SUPPORT $) It appearing to the Court that the defendant has fait ) ed to comply with the judgment previously rendered in ( this cause, it is therefore ordered that the defendant be taken into custody and that he be confined in the common jail of Iredell County for a term of six months, to be as signed to work on the County Roads of said county by the commissioners, It further appearing to the Court that the defendant has also failed to comply with the portion of the judgment and the order of the Court in which he was required to pay the sum of $15.00 per month for the support of his child, and that a bond was executed in the sum of $750.00 which provided that the defendant would comply with said judgment; the Court finds as a fact that the defendant is two months in arrears in his payments; It is therefore ordered and adjudged that the bond be forfeited to the extent of $30.00 and that said sum be collected out of the defendant and his bondsman, and that said bond remain in full force and effect otherwise, and that at any future term of this Court further orders may be made in this cause in regard to the liability of the defendant and his bondsman for unpaid amounts which the defendant may fail to make for the support of his child, To the judgment of the Court subjecting the bond to the two monthly payments, or to any payment by the defand ant and his bondsman to the support of the child, the deé fendant objects and excepts and gives notice of appeal to the Supreme Court. Cost bond of $75 adjudged sufficienr Further notice waived, By consent, the defendant allowed 30 days to make up and serve case on appeal and the State allowed 30 days therefter to serve countercase or file exceptions. BM BEZZLEM ENT The defendant comes into open Court and through his gam counsel Lewis & Lewis pleads not guilty. The following jury, S L ‘hite, Geo Mi Foard, LH Lyons JAW Bar y, Richard Hix, J H Compton, S M Nicks, J F Moose, migiRer sus on, R A Brawley, A B Stutts and YWJ Camp bell, wer@ drawn and sworn and empannelled,. aie ON eee SEDUCTION. Continued by consent ee GIVING WORTHLESS CHECKS Defendant called and failed. Judgment Nisi Sci Fan and Capias Instanter. NON-SUPPORT The defendant comes into open Court and through his sm counsel Malcolm Cameron pleads guilty to non-support as in the warrant. es for judgment continued upon the defendant pay- ing the cost of this action by the next term of Court and upon him paying to his wife the sum of $2.00 per week and furnishing the coal and wood necessary for her maintenane and upon him furnishing his minor child clothes and shoes Sse scloocooeos oe oS Pate Aenea a 440 IN THE SUPERIOR COURT NOVEMBER TERM 1930 Friday November 7, 1950. IN THE SUPERIOR COURT 44] NOVEMBER TERM 1930 Friday November 7, 1930, TRANSPORT AND POSSESS LIQUOR. No. 37 7 State d) The defendant comes into open Court and pleads : l | guil. 51 | ABANDONMENT AND NON-SUPPORT \ vs } ty to transporting and possessing liquor, No. S W : tate The defendant comes into o \ Ernie Waljace ‘ i shat the Siracdins ba caotieci ie oe oe the Court , vs ; ( counsel H P Grier & ZV Purlitaten, site noe eerieye of Iredell County for a term of THREE MONTHS, ana a2 fT R Robertson : wa ge ae L White, Geo M Foard, L H . 5 W Barkely chard Hix, J H a Ce ee es er ae cata 4 Nicks, W Press Sharpe, R R Lazenby, R a. ae On Count for transportation, judgment of the pr eet and Sam J Knox were sworn and empannied, and i that the defendant be confined in the common jail of © case continued over until Saturday Morning. Iredell County for SIX MONTHS, and assigned to work on public roads, this sentence to go into effect &t the expiration of the sentence above imposed for Possess~ ing, capias not to issue to put this road sentence in. to effect for possessing provided the defendant does not violate the prohibition law for a period of three | years. ii A A i No 40 § LARCENY t i State 4 Nol Prosed he] L vs ) 1h ip Will Gray § if! | No. 41 ) STOREBREAKING AND LARCENY i) Hh State The defendant comes into: open Court and through his 4 Ht , vs § counsel C B Spencer pleads not guilty. After sweari : ey i W411 Price ) and empannelling a jury and hearing the State's wk This Honorable Court takes a recess fintil Saturday Morning " i ence the defendant through his counsel states that he ; hit , does riot resist verdict. November 8, 1930 at 9:00 O'clock A. M. i i Judgment of the Court is that the defendant be in-. i a prisoned in the common jail of Iredell County fora eer ‘ an f period of THREE YEARS, and assigned to work on public od mba ae ie roads of said county for said period. EK PRESIDING a i i fH No, 44 § LARCENY i i] State It is ordered by the Court onemotion of the Soli- i i _ vs § citor, after investigation, that this case be remanded i 4 Sylvester Jones § to Juvenile Court for hearing. ; C | | | No. 45 ) LARCENY | State 0 It is ordered by the Court on motion of the Soli- } vs ) citor, after investigation, that this case be remanded | BiB Bailey § to the Judge of Juvenile Court for hearing. a 4 ~ i James Houston No. 49 { ASSAULT WITH DEADLY WEAPON 4 . State 0 Nol Prosed with leave vs ) Carl Owens 4 ih No. 57 ¢ LARCENY OF AUTOMOBILE State ) |The defendant comes intomopen Court and thesugh his } . vs EgunxBIX pleads guilty as charged in the bill of in- dictment. va Judgment of the Court is that the defendant be ora) fined in State's Prison for a term of not less than ( Kighteen Months nor more than Two Years at hard labor. Jim Garrison No 58 & 59 } SEDUCTION. State ; Continued by consent. vs Gwyn Gregory 0 ‘ | No. 58 & 59 Gregory- True Bills, | _\No 82 Steele- A True Bill | Awe. 24 Berl Clontz- A True Bill. ‘no. 47, 47% & 48 © M Davis- True Bills, : aa 57- Jim Garrison, A True Bill, \ 84= Herman Combs- A True Bill, \56- Charlie Wood- A True Bill ‘\.412- Will Price- A True Bill. IN THE SUPERIOR COURT NOVEMBER TERM 19350 Saturday. November 8, 1930. This Honorable Court convenes according to adjournment Saturday Morning November 8th, 1950 at 9:00 O'clock A. M. for the dispatch of business, NOe 2 State vs Sam Rogers No. 3 State vs George Morrison No. 20 State \ vs Robert Wall No. 22 State vs E M Davis No. 28 State vs KE L Henderson No. 32 State 5 vs Maggie Steele No. 354 State vs Berman Combs No. 36 State vs Charlie Wood . Noe 43 “State vs Thomas Bardie No. 47 & 48 State tee ¥% M Davis ofS ooo SS ovo cn mS LARCENY Defendant payed costs, 4nxk giecetwpeck Nol Prosed with leave, \\ ANSLAUGHTER Continued by consent GIVING WORTHLESS CHECK Continued by consent kM BEZZLEM ENT After evidence had been offered by State, the defendant moved that the Bills be quashed because of defects pointed out. Motion allowed. The defendant voluntarily paid the cost for which the County was liable and also paid the mon- ey alleged to have been embezzled. ASSAULT WITH DEADLY WEAPON Continued by consent FORG#RY The defendant comes into open Court and through her coun- sel Lewis & Lewis tenders a plea of guilty to a misdemeanor to-wit, an attempt to commit forgery, which plea the Soli- citor accepts, Prayer for judgment continued for a period of fhres Years upon the defendant paying the cost of this action and remain- ing a lawabiding citizen for said period. Defendant to have until next term of Court in which to pay the costs. LARCENY Continued by consent SECRET ASSAULT The defendant comes into open Court and pleads guilty to assault with deadly weapon which plea is accepted. Judgment of the Court is that the defendant be imprison ed in the common jail of Iredell County for a period of 5 TVELVE MONTHS, and assigned to work on public roads of sai County for said period, LARCENY It appearing to the Court that the defendant has bees in jail three months and ten days, prayer for judgment con tinued for two years upon the defendant paying the costs of this action, except jail fees, and remain a Jawabiding citizen. The defendant to have until next term of the Cour to pay the cost, not including the jail fees. SSAULT WITH DEADLY WEAPON AND DRIVING CAR INTOXI CATED? Continued by consent ~\No, 54 IN THE SUPERIOR COURT NOVEMBER TERM 1930 Saturday November 8, 1930 ABANDONMENT AND NON-SUPPORT The defendant comes into open Court and through his counsel H P Grier and Z V furlington enters a plea of Nolo Contendwpre, which is accepted by the State, Judgment of the Court is, that the defendant pay to his wife Lula Robertson, for her Support and the support of the children the sum of $10.50 per week until such time as this Court may modify or change this order, It further appearing to the Court that this defends ant has paid in the past 19 months, since he and his wif separated, for her use and the use of the children more than a thousand dollars out of the money that he has me@# made, the defendant is not taxed whith the cost of this action. The $10.50 a week which is required in this order to be paid by the defendant for the support of his wife and children shall be paid over to C Robt Johnson until such time as further orders are made in this cause; the first payment to he made on Saturday, Novenber 15, 1930, and said sum of $10.50 to be paid each succeeding Satur- days until this order is modified. No. 51 4 State § vs 4 T R Robertson b §( ASSAULT WITH DEADLY WEAPON, State (4 Prayer for judgment continued for two years upon de- vs § fendant paying the costs for which the County is liable John Scott (col) § and a fine of $5, Defendant to have tntil next term of § Court in which to pay costs, It is ordered ty the Court that the foliowing cases be moved up on the Civil calendar. /597=- DL Brown vs Oscar K Mills et al, moved up from Tuesday's calendar to Mondayts for trial. 654- C L Williams Recv vs H E Lewis et al. moved up from Wednesday's Cal- endar to Mondayts for trial. 67l- Merchants & Farmers Bank vs J C Brookshire et al, moved from Thurs- Gays Calender to Mondays for trial. 672=- Fisk Tire Co vs A C Crouch et al- moved up from Thursday's Calendar to Monday's for trial. All other cases on Thursday's Calender not stated above are ordered to be moved up to ‘iednesday for trial. In the Superior Court North Carolina, Iredell County. November Term 1950, Judge J H Clement. Presiding. We, the Grand Jury Bor the November Term of Iredell County Superiore Court, 1930, beg to make the following report; We have passed on all bills referred to us and have made returns to the Presiding Judge. We have, by committees, visited the offices of the Court House, the County Jail, Chain Gang, and County Home, and find sanitary conitions all good with the exception of toilets in the Court House which we recommend be placed in better shape. At County Jail we find conditions good and prisoners report excel- lent treatment. We found five white male prinsoners, one white female, thir teen colored male, two colored female, and seven Federal prisoners. No Re-~ commendations, 444 NOVEMBER TERM 1930 IN THE SUPERIOR COURT Saturday November 8, 19350. At County Home we find conditions good and with the following inmates; fifteen white male, thirteen white female, nine colored male, and ten colored female. Six of these inmates were sick and report that they were receiving pro- per medical attention. The farm was being well taken care of and has the fo}. lowing livestock; six mules, twenty-one cows, thirty-five hogs, and 100 chick- ens, all in good condition. No recommendations. At County Chain Gang we found everything in good shape and report the following prisoners; forty white male and twenty-eight colored male, Prisoners report being well fed and cared for. No recommendations, We recommend to the Commissioners of Iredell County that additional g space be provided in the offices of Register of Deeds and County Accountants We elso recommend that as soon as practical the valuable papers and records of all Departrents of the County be placed in fire proof vatlts,. We recommend to the Court that the matter of H D Mills as Guardian for Donald Harris, J P Mills Bondsman; also Charles R Goodman, Guardian for Alice V Goodman and others, United States Fidelity and Guaranty Co. Bondsmen; also Wade H Williams, Guardian for D S Davis, United States Fidelity and Guaranty Co. Bondsmen, be investigated. Albert M Cooper Foreman of the Gramd Jury. North Carolina, In the Superior Court Iredell County. November Term 1950. I, John “hitlock Wallace, do solemnly swear that I will support the Constitution of the United States, so help me, God. John Whitlock Wallace Sworn to and subscribed before me,in open Court, this the 7 day of Wov A D 19350. J H Clement Judge Presiding and Holding Court in the Fifteenth Judicial District I, John Whitlock Wallace, do solemnly and sincerely swear that I will be faithful and bear true allegiance to the State of North Carolina and to the Constitutional powers and authorities which are or may be established for the government thereof; and that I will endeavor to support, maintain, and defend the Constitution of said State, not inconsistent with the Constitu- tion of the United States, to the best of my knowledge and ability, 8° help me, God. John Whitlock Wallace Sworn to and subscribed before me in open Court, this the 7 day of November, A D 1930. J H Clement Judge Presiding and Holding Court in the Fifteenth Judicial District, IN THE SUPERIOR COURT 445 NOVEMBER TERM 1930 : Saturday November 8, 1930 I, John Whitlock Wallace, do swear that I wil} truly and honestly demean myself in the practice of an attorney, according to the best of my knowledge amd ability, so heldp me. God, John Whitlock Wallace Sworn to and subscribed before me in open Court, this the 7 day of November A D 1930, J H Clement JUDGE Presiding and Holding Court in the Fifteenth Jydicial District. North Carolina, In the Superior Court Iredell Gounty. November Term 1930, Mr. John Whitlock Wallace having presented in open Court a license signed by the Chief Justice and Associate Justices of the Supreme Court of North Carolina, dated August 18, 1950, authorizing him to practice as an at- torney and counsellor at law in the Courts of this State, and he having taken and subscribed to the oaths required of attorneys at law of this State; It is ordered and adjudged that the said John Whitlock Wallace be, and he is hereby admitted to the practice of the profession of attorney and counsellor at law in all courts of this State. It is further ordered by this Court that a record of the proceedings taken herein be spread upon the minutes of this Court of this State. This the 7th day of November, A D 1950. J H Clement Judge Presiding This Honorable Court takes a recess fromiday to day until Monday Morning Noveroer 10, 1930, at 10:00 O'clock A. Me ‘if cz . CPs thhr wer ury 47 ) Judge Presiding IN THE SUPERIOR COURT NOVEMBER TERM 1930 SECOND WEEK Monday November 10, 19350, North Carolina, In the Superior Court i Iredell County. November Term 1930. i This Honorable Court meets according to adjournment at 10:00 O'clock | A M Monday Morning November 10, 1950, when and where His Honor, J H Clement, Judge Presiding and Holding Courts of the 15th Judicial District of North Caro. lina, is present and presiding, this the Second Week at November Term 1930, J L Sherrill, High Sheriff of Iredell County, North Carolina return. | ed into open Court the names of the following good and lawful men to serve ag jurors of this Court for the second week for civil cases, to-wit: W L Barnard, C H Beaver, G L Deal, A P McAlister, C A Vanstory, J R Lazenby, C C Bustle, CW i Ellis, W F Brown, RK F Dagenhardt, J C Houston, D D Moose, John ‘alton, Jr., | E W Campbell, W T Warlick, R M Holler, B D Walter, N G Holmes, C A Blackwelder, | | North Carolina, { | and B A Waugh. J’ N Milstead was excused on account of sickness/, The following were returned not to be found in Iredell County, F K Bost W and W A Wilkinson. The following were sworn as talesman jurors, N D Tomlin, H C Dellinger, Seren M C Williams and Lonni@i$tevenson. FES No 139 In the Superior Court, Iredell County. November Term 1940. i} W W McGowan et al., 4 | e vs ) JUDGMENT Walter Keckham et al. } This cause coming on to be heard at this term of the Court before his Honor, J H Clement Judge Presiding, and the plaintiffs through their attors neys having signafied their desire to take a voluntary non-suit: It is therefore upon motion of D L Ra torney for the plain- tiffs ordered that the plaintiffs be and they are ez allowed to take a vol- untary non-suit in this action. | J H G6lement Judge Presiding. 648- C H Gant vs J C McLelland & J/LiMéLelland- Continued by consent. \ ‘ 447 IN THE SUPERIOR COURT NOVEMBER TERM 1930, SECOND WEEK Monday November 10, 1930, No. 646 North Carolina, In the Superior Court Iredell County. November Term 1930, Lena Wagle 6 vs ' ISSUES | Alfred L Wagle 0 i A Jury sworn and empannelled answered the issues as follows: ist: Did the plaintiff and defendant intermarry as alleged in the " Gemplaint? it Answer: Yes | iF end: Did the defendant abandon the plaintiff without any fault on he her part and live separate and apart from each other for more than five con secutive years prior to the commencement of this action? Answer: Yes Srd: Has the plaintiff been a bona Fide resident of the State of Muh North Carolina for more than five consecutive years prior to the commence- ment of this action. fi Answer: Yes. ett No. 677 : North Carolina, In the Superior Court ist Iredell County. November Term 1950. \uiierea Anderson Q vs (4 LTses YR Ss Paul W Anderson ) A Jury sworn and empannelled answered the issues as follows: 1. Did the plaintiff and defendant intermarry as alleged in the comp- laint? Answer: Yes- 2. Did the defendant commit adultry as alleged in the complaint? Answer: Yes 3. Has the plaintiff been a bonifide resident of the State of North Carolina for more than two consecutive years prior to the commencement of this action, as alleged in the complaint? Answer: Yes. No. 456 Columbia Weighing Machine Co., } vs i ££ Mooresville Drug Co. 4 1, A P McAlis The following jurors, W L Barnard, C H Beaver, G L Deal, ter, C A Vanstory, a cane. ¢ CG Bustle, John Walton Jr, WF pig dh FP Dagenhardt, W Campbell and W T Warlick were sworn and empannelled and an- Swered the issue as follows: What amount, if any, is the plaintiff entitled to recover of the defendant? Answer: $180.00 _ Y 448 ZZ IN THE SUPERIOR COURT NOVEMBER TERM 19350 Monday November 10, 1950. North Carolina, In the Superior Court Iredell County. November Term 1950, \ Tom R Robertson 6 vs § JUDGMENT Lula Robertson 4 This cause coming on to be heard at this term of the Court before His Honor, J H Clement, and being heard and it appearing that the plaintirr desires to take a voluntary non-suit and the defendant Lula Robertson having agreed thereto: It is therefore ordered and adjudged that this action be and the x same is hereby non-suited and that the cost be taxed a gainst the plaintiff by the Clerk of this Court. J H Clement Judge Presiding Zeb V Turlington Attorney for Plaintiff. North Carolina, 0 In the Superior Court, . Iredell County. ) November Term 1930, James L Donald 0 vs i( dUDGHEN TT. Kugene TransoH, and L R Bordon trading as Transoti Jordon Lumber Company. 4 This cause coming on to be heard at this Term before His Honor J i Clement and being heard and it appearing that all matters in controversy be- tween the plaintiff and defendants have been settled by the defendants pay- ing to the plaintiff the sum of $500.00 which amount has been received by the Pisintitr. It is therefore ordered and adjudged that the defendants be taxed with the cost of this action by the Clerk of this Court,. J H Clement Judge Presiding “No 584=- Clarence Carson vs Lizzie S Carson- Continued No 612- Myrtle D Osborne vs W D Osborne- Continued no 650- Rufus Brooks vs Elizabeth Brooks -- Continued as 676- EB H Windsor vs Mrs Dora Windsor -- Continued . No 426=- Della Baker vs AH Baker -- Continued. No 427- John M Privette vs Feildon M Privette- Continued cs 428- John M Privette vs SG Sloan et al -- Continued — \No 516- Benton & Benton vs Stearns Bros Inc. -- Continued \ate 549- Bristol Motor Co sv C M Bingham -- Continued IN THE SUPERIOR COURT NOVEMBER TERM 1930 449 Monday November 10, 1930, No 671 Merchants & Farmers Bank Plaintiff. vs ISSUES J C Brookshire and JH ) | ) Oscar R Mills, D L Brown, 4 Troutman. Befendants. i The following jury, BW Ellis, D D Moose, JC Houston, B A Waugh, NG Holmes, C A Blackwelder, B D Walters, R L Holler, Lonnie Stevenson, N D Tomlin, M C Williams and H C Dellinger, were sworn and empannelled and answer- ed the issues as follows: 1. In what amount are the defendants indebted to the plaintiff on the note sued on this action? Answer: $400.00 with interest for July 6, 1929 2. Did the defendants, J C Brookshire and J H Troutman, endorse the note sued on in this action as endorsers for Oscar R Mills? Answer: Yes. A This Honorable Court takes a recess until Tuesday Morning Novems ber 11, 1930 at @:30 A. M. a sha J J (ptete ; } Hl | 1 \ \ i. THE SUPERIOR COURT NOVEMBER BERM 1950 Tuesday November 11, 1950. Mis Honorable Court convemes according to adjournment Tuesday Morn- ing November 11, 1950 at 9:30 A M for the dispatch of business, North Carolina, In the Superior Court Iredell County. November Term 1930, Merchants & Farmers Bank, Plaintiff - JUDGMENT Oscar R Mills, D L Brown, J C Brookshire, and J H Troutman, Defendants. ov oS — So This cause coming on to be heard at this term of the Court before His Honor J H Clement, Judge Presiding, and the jury, and the jury after having been sworn and empannelled answered the issues as follows: 1. In what amount are the defendants indebted to the plaintiff on the note sued on in this action? Answer: $400.00 with interest from July 6th, 1929. 2. Did the defendants, J C Brookshire and J H Troutash, endesie note sued on in this action as endors qBs for Oscar R Mills? Answer: Yes. : - ET IS THEREFORE, ORDERED, CONSIDERED, and ADJUDGED, that the plain- tiff recover of the defendants the sum of Four Hundred ($400.00) Dollars, with interest thereon from July 6th, 1929 until paid, together with the cost of this action to be taxed by the Clerk. In the event that this judgment or any part thereof shall be paid by or collected out of the defendant D L Brown, then it is ordered, adjudged and decreed that the defendant D L Brown shall be subppgated to all rights of the plaintiff, and there6f entitled to recover from the defendants J C Brookshire and J H Troutman any amount that may be paid or collected out of the defendant DL Brown under this judgment. This the llth day of November, 1930. J H Clement udge 6s ng North Carolina, In the Superior Court Iredell County. November Term 19350. Morrison Manufacturing Company 4 bic 4 JUDGMENT John L Elliott, Trading as 4 \ Mt. Vernon Shoppe, 4 This cause coming on to be heard at the November Term of tredell Superior Court at term before His Honor, Clement, Judge Presiding, and a jur IN THE SUPERIOR COURT NOVEMBER TERM 1930 Tuseday November 11, 1930, and it appearing that the plaintiff and defendant have consented that judgment shall be entered ad hereinafter set out. It is, therefore, ordered, considered and adjudged that the Morrison Manufacturing Co., the plaintiff in this action, is the owner and entitled to possession of all the personal property described in the pleadings in this caus and in the Conditional Sales Gontract offered in evidence in this case and that ssid property be, and the same is the absolute property of the Morrison Manufac turing Co. to be disposed of as it sees fit, It is farther ordered that any amounts heretofore realized by the Morrison Manufacuring Co. from the sale of any parts of said equipment shall be and is the absolute property of the Morrison Manufacuring Co. and it is ordered that the plaintiff recover mothing further of the defendant and that the de- fendant pay the costs of this action. J_H Clement Judge Presiding By consent of: Scott & Collier Attorneys for plaintiff E M Land Attorney for defendant / North Carolina, In the Superior Court Iredell County. November Term 1930 First National Bank of q Statesville NC 6 vs ) JUDGMENT J C Brookshire, et al. 0 This cause coming on to be heard at this term of the Court, before Hid Honor J H Clement, Judge Presiding, and being heard, and it appearing to the Court that the plaintiff and the defendant, J C Brookshire, have compro- mised all matters of atfferencex between them, and growing out of the matters and things allegea and set 6orth in the complaint and in the answer, and have agreed that the plaintiff recover of the defendant, J C Brookshire, the sum of $8,613.00, with interest thereon from March 8th, 1930, together with the costs of this action to be taxed by the Clerk of the Court, and that the defendant take nothing by reason of his counter-claim; IT IS THEREFORE, by consent, considered, ordered, adjudged and decred that the plaintiff recover of J C Brookshire the sum of $8,613.00, with intere& thereon from March 8th, 1930, until paid, at the rate of 6% per annum, It is further considered and adjudged that the defendant take nothing by reason of his Counter-claim, and that the plaintiff recover of the defendant its cost of this action to be taxed by the Clerk of this Court. J H Clement BY CONSENT: Judge Presiding GRIER, GRIER & JOYNER} Attorneys for Pleintiff~- JW Sharpe & Buren Jurney, Attorneys for Defendant A eae it i i 4 } einai abe se 2 IN THE SUPERIOR COURT NOVEMBER TERM 1950 Tuesday November 11, 1950. No. 618 C L Williams Receiver of t Commercial National Bank 4 vs $0 ISSUE U I Roseman, and A E $ Roseman, 0 The followin jurors, W L Barflard, C H Beaver, GL Deal, A P Mee Alister, C A Vanstory, J R Lazenby, C C Bustle, John Walton Jr, W F Brown, RP Dagenhardt, B W Ellis and WT Warlick being duly sworn and empannelled answer. ed the issue as follows: Did the defendant, U I Roseman, execute and deliver the deed to his wife, A E Roseman, for the purpose of hindering, delaying or defrauding his creditor, the plaintiff in this action? Answer: Yes. * NOe North Carolina, 4 In the Superior Court Iredell County 4 November Term 19350, State of North Carolina on ) relation of Bryant Teague, § Administrator of Parks R. 4 Teague. § vs 4 ISSUES ) 0 J Tf Irvin and United States Fidelity & Guaranty Company. The following jurors, E W Campbell, D D Moose, J C Houstom, B A Waugh, N G Holmes, C A Blackwelder, B D Walters, RK L Holler, H C Dellinger, Grier Hunter, C E Sides and N D Tomlin, were sworn and empannelled and an- swered the issues as follows: 1. What amount, if any, is the defendant, J £@ Irvin, as Guardian of Parks Teague, indebted to the plaintiff for money receiver by him as Guardé ian for the said Parks Teague and which he has failed to pay over to the plain- tiff, or plaintiff's tntestate? Answer: $2094.31 with interest from April 28, 1989. 2. Did the defendant J T Irvin, as Guardian of Parks Teague, Wronge fully and unlawfully convert to his own use any of said money belonging to the said ward? Answer: Yes 5. If so, in what amount? Answer: $2094.31- IN THE SUPERIOR COURT 453 NOVEMBER TERM 1930 Tuesday November 11, 1930 ‘North Carolina, In the Superior Court Iredell County. November Term 1930 Mildred Anderson 4 vs § JUDGMENT Paul W Anderson 4 This cause coming on to be heard and being heard before His Honor, J H Clement, Judge Presiding, and a juby, and the jury having answered the issues xb submitted to them by the Court in favor of the plaintiff and against the defend- ant, as set out in the record: It is therefore ordered and adjudged by the Court that the bonds of matrimony heretofore existing between the plaintiff and defendant, be and they are hereby dissolved, and plaintiff is given an absolute divorce from the defend ant. It is further ordered and adjudged that the care and custody of the two children of this marriage be awarded to the plaintiff. It is further ordered and adjudged that the plaintiff pay the costs of this action. _J_H Clement Se Judge Presiding No 597 D L Brown 0 In thés case the plaintiff is allowed 20 days vs { in which to file reply the defendants answer. ) ) Oscar R Mills, J C Brook- \ shire and J H Troutman. _ 573- Mrs Daisy Redman vs Oscar R Mills -- Continued. \ vo 639- First National Bank vs W F Foote, A B Pogue et al -- Continued. \NWo 674- Roger G Moore vs G G Rockett -- Continued for defendant. oe 6ll- Lazenby-Monbgomery Hdw Co vs Charles Hartness et al -- Continued , No.619= United States Fidelity & Guaranty Co vs Crowell Contracting Co. Contind NWo.650- Jim Irvin vs Robt G Lassiter & Co. -- Continued This Honorable Court takes a recess until Wednesday Morning November 12, 1930 at 9:00 A. M. / P KY / 3 Mkbasipl Yt aia coe a JUDGE’ PRESIDING ; \ IN THE SUPERIOR COURT NOVEMBER TERM 1950 Wednesday November 12, 1950. Tis Honorable Court convemes according to adjournment Wednesday Morning November 12th, 1930 at 9:00 O'clock A. M. for the dispatch of business, North Carolina, In the Superior Court Iredell County/ November Term 1980. Columbia Weighing Machine Co. vs JUDGMENT Mooresville Drug Company J F Johnston, owner. ee SO This cause coming on to be heard at this term of the Court and being hear before His Honor, J H Clement and a jury and being heard and the jury having answer- ed the issue as set out in the record. It is therefore ordered and adjudged that the plaintiff recover of the defendant the sum of One Hundred Eighty Dollars and that the defendant be taxed a with the cost by the Clerk of this Court. JH Clement Judge Presiding It is agreed that if the Columbia Weighing Machine Co. refuses to ship the weighing machine to the Mooresville Drug Co, this judgment may be set aside, ZV Turlington, Atty., for plaintiff. North Carolina, In the Superior Court Iredell County. James Talcott, Inc. ! vs § AMENDED ORDER Carolina Parlor Furniture Co. } This cause coming on to be heard and it appearing to the Court that the parties, receiving allowance in the order heretofore entered on August 16th, 1930, hawe consented to a mo@ification of said allowances; And it further appearing that Lyons & Evans, as Attorneys for the pet itiontng creditors, have consented that the allowance to them of $150.00 be strick en,out, and that the Hood Industrial Bank, as surety on the bond of the Receiver, has consented to accept $67.50; é And it further appearing that L S Gilliam, Operating Receiver of th Carolina Parlor Furniture Company, Bankrapt, has paid Walser & Casey, attorneys rial Bank action, for J V Wilson, Receiver, the sum of $150.00, and to the Hood Indust $67.50 in full for the allowance to it and to J V Wilson, Receiver in this cost the sum of $150.00 in full for his services in this action and has paid the of the action in the sum of $8.25; \ \C L Williams, Receiver of NI IN THE SUPERIOR COURT NOVEMBER TERM 1930 Wednesday November 12, 1930, 455 And if further appearing that J V Wilson, Receiver in this aétios Mee , turned over to L S Gilliam, Operating Keceiver in the United States District Court, all of the assets in his hands; It is nomwordered and adjudged that this action be and is hereby dis- missed and that J V Wilson, Receiver, herein and the surety on his bond be and they are hereby discharged, This 12th day of November, 19350. J H Clement Agreed To: Judge Presiding Lyon & Evans Attorneys for Petitioners Walser & Casey Ld Attorneys for Receiver | North Carolina, In the Superior Court Iredell County. a UDGR ENT i Commercial National Bank 4 vs § ' H E Lewis anc A P Davidson. This cause coming on to be heard at the November Term 19350, of the Superior Court of Iredell County, North Carolina, before Hon. J H Clement, Judge, upon the complaint and the defendants having admitted in open Court Bam each allegation of the complaint; And it further appearing that the plaintiff is entitled to judgment against the defendants on the note sued on; It is now, upon motion of E. M. Land, Attorney for the plaintiff, C. L. Williams, Receiver of the Commercial “ational Bank of “tatesville, North Carolina, ordered and adjudged that the plaintiff, C. L. Williams, Receiver, recover of the defendants, H. E. Lewis and A. P. Davidson, the sum of $250.00 with interest from September 28, 1928, and all cost of the action to be taxed by the Clerk. J. H. CLEMENT, Judge Presiding. | 456 NORTH CAROLINA, IN THE SUPERIOR COURT. IREDELL COUNTY. J. R. Poston and Wife, Margaret Poston, VS. J. B. Glover, Jr., Trustee, ORD ER, and Assignee of J. K. Morrison Grocery & Produce Company, and J. L. Sherrill, Sheriff of Ire- dell County. ee ee ee ee ee ee ee ee ee ee This cause coming on to be heard at this the November term, of Iredd1 Superior Court, before His Honor, J. H. Clement, Judge Presi ding, and it appear. ing to the Court that the plaintiffs and defendants have agreed that the ten- porary restraining order heretofore issued and returnable at this term of court may be continued until the final hearing. It is, therefore, ordered, adjudged and decreed by the Court that the temporary restraining order in the above entitled cause be and the same is hereby continued until the final hearing of the cause. J. H. CLEMENT, Judge Presiding. Buren Jurney, Attorney for Plaintiff. Scott & Collier, Attorney for Defendant. IN THE SUPERIOR COURT, NOBTH CAROLINA, NOVEMBER TERM, 1950. IREDELL COUNTY. Roy Smith, a Mqnor by his Next Friend, R. H. Smith, VSe JUDGMENT. ee eee ee ee Statesville Chair Company. This cause coming on to be heard at the November Term, 1950, of Ire- dell Superior Court. and being heard by His Renew, Clement, Judge Presiding, and it appearing to the Court after an examination of the witnesses, same being the physician and the father of the minor plaintiff, and it appearing to the Court that Roy Smith, a minor, was injured at the plaht of the defendant on September 29, 1930, and his fingers cut. It further appearing that the plaintiff and defendant have agreed to a settlement of said injury by the defendant paying to the plaintiff the a sum of Two Hundred and Eighty Five Dollars and the cost of this action and by reimbursing plaintiff's father, R. H. Smith, for Doctor's Byllin the amount $25.00, and by paying to the father of the infant pldintiff the sum of One Hundred Dollars for loss of services of said infant. After hearing the evidence,the Court finds that said settlement ig fair and reasonable and not injurious to said minor. It is therefore ordered that the plaintiff recover of the defendant the sum of Two Hundred and Bighty Five Dollars and the cost of this action to be taxed by the Clerk, J. H. CLEMENT, Judge Presiding, North Carolina, In Superuor Court Iredell County. November Term 1930 C L Williams Receiver of the t \Commercial National Bank 4 vs } JUDGMENT U I Roseman and wife A E Roseman }§ This cause coming on to be bried at the November Term, 1930, before Hon. J H Cyjement, Judge and a jury, and being bried and the jury having answer- ed the issues submitted to them in favor of the plaintiff; It is now upon motion of EM Land, Attorney for the plaintiff, that the deed heretofore executed by U I Roseman to A E Roseman, dated November 8th 1927, filed for registration on January 3rd, 1929, and recorded in Deed Book 92, page 167, be and is hereby declared void and is set aside. It is further ordered and adjudged that a:copy of this judgment bé'» certified to the Register of Deeds of Iredell County, North Carolina, to be recorded in his office, It is further ordered and adjudged that the liens of the plaintiffts judgments, set out in the complaint be effective against said lands from the as date of the entry and docketing of said judgment. It is further ordered and adjudged that the defendants pay all cost of the action to be taxed by the Clerk. J H Clement Judge Presiding 4957 i —— mee 458 North Carolina, } In the Superior Court Iredell County. } November Term 1930, State of North Carolina on § Relation of Bryant Teague, 4 Administrator of Parks R Teague 9 j b vs JUDGMENT J T Irvin and United States Fidelity & Guaranty Company. This cause coming on to be tried before Hon J H Clement, Judge and a jury, at the Bovember Term, 1950, of the Superior Court of Iredell County, north Carolina, and being tried and the jury having answered the issues submitted to them as follows:- “1. What amount, if any, is the defendant, J T Irvin, as Guardian of Parks Teague, indebted to the plaintiff for money received by him as Guardian for the said Parks Teague and which he has failed to pay over to the plaintiff, or plain- tiff's intestate? Answer: $2094.31 with interest from April 28th 1929, 2. Did the defendant J T Irvin, as Guardian of Parks Teague, wrongfully and unlawfully convert to his own use any of said money belonging to the said ward? Answer: Yes 3. If so, in what amount? Answer: $2094.31." It is therefore, ordered and adjudged that the plaintiff recover of the defendants, J T Irvin, as principal and the United States Fidelity & Guaranty Company, as Surety, the sum of $2094.51 with interest from April 28th, 1929, and all cost of this action to be taxed by the Clerk. It is further ordered and adjudged that upon execution being issued and returned unsatisfied against the property of the defendant J T Irvin, that execu tion issue against the person of J T Irvin as provided by law. J H Clement Judge Presiding. No 639 First National Bank * vs { 4 W F Foote, A B Pogue 9 and K D €ox, 6 er The following jurors, WL Barnard, C H Beaver, G L Deal, A P McAlister ardt C A Vanstory, J R Lazenby, C C Bustle, John Walton, Jr., W F Brown, RF Dagenh BW Ellis, and WT Warlick, being duly sworn and empannelled for their verdict. Jury withdrawn and a mistrial ordered, IN THE SUPERIOR COURT 459 NOVEMBER TERI 1930 , Wednesday November 12, 1930, \ NOe \ Columbia Weighing Machine Co, 4 \ vs q NOTICE OF APPKAL Mooresville Drug Co. and § Defendant moves that the judgment be set aside. Motion denied, Defendant excepts. The defendant moves that a new trial be gramted for mrar errors committed. Motion denied, Defendant excepts. Judgment signed as set eo out in the record. To the signing of the judgment the defendant excepts and gives notice of appeal to the Bupreme Court, Further notice waived. Appeal bond for cost of $75.00 adjudged sufficient, By consent, the defendant allowed 60 days to make up and serve EmR ease on appeal and the plaintiff allowed 60 days thereafter to serve counte case or file exceptions, No. 656- Iredell County al vs M P Alexander et al. Continued No. 659= R M Tucker vs Paola Cotton Mills et al- Continued No 661- In Re: Caveat, Will of Alonzo Reid -- Continued No 663- Jos M Privette vs Central Bank * Trust Co. - Continued “No 673=- M C Williams & wife vs H C Bristol et al- Continued ‘No 678- C L Williams Kecv vs J A Rumple -- Continued \\No 680- Ethel B Cooper vs W L Alexander et al- Continued \ Ke SCI FA DDCKET \ No.1 ) DISCHARGE OF BOND. \State t It is ordered that the judgment be made absolute, vs } and that same be discharged upon payment of the costs Emery Shoemaker § of the Sci Fa. No. 2 DISCHARGE OF BOND State It is ordered that the’ judgment be made absolute, 4 $ vs } and that same be discharged upon payment of the cost Charlie P McLelland§ of the Sci Fa. \ No 3- { FORFEITURE OF BOND. \ State { It is ordered and adjudged by the Court that the ve ) forfeiture of bond in this case bn sum of $500.00 be E L Henderson, } made absolute and execution be issued against said 0 bondsman, Junius Harden. North Carolina, } In the Superior Court, Iredell County. $ November Term 1930 Ww B Cook ' vs ' JUDGMENT Mooresville Cotton Mills and § Maryland Casualty Company. 4 This cause coming on to be heard before Hon J H Clement, Judge upon an appeal by Maryland Casualty Company, the carrier, from an award of the North Carolina Industrial Commission on June 12thp 1930, and being k heard, It is now ordered and adjudged that the award of the Worth Carolina Industrial Commission in favor of the plaintiff and against the defendants, dated June 12th, 1930, be and is hereby in all respects approved and con- firmed. This Noverber 12th, 1950. J H Clement Judge Presiding. The defendant Maryland Casualty Company, in open Court excepts to the foregoing judgment and gives notice of appeal to the Supreme Court. Notice waived. Appeal bond fixed in the sum of $50.00. By consent defendant Maryland Casualty Company is allowed 50 days within which to file state- ment of case on appeal and the plaintiff B Cook is allowed 30 days within which to file counter case or exceptions, No. 2 L E Hayes Admr of Mrs Mary L Campbell It appearing to the Court that the Referee has filed his report in this case; It is ordered by the Court that the defendants have until and during the 15th day of December 19350 in which to file exceptions to said Referee's report. vs Columbus Campbell et al No. : Mrs Bouisa Hayes § It appearing to the Court that the Referee has vs ) filed his report in this action; i It is ordered by the Court that the def endan Columbus Campbell et al { have until and during the 15th day of December 1930 in which to file exceptions to said Referee report : OR 461 North Carolina, In the Superior Court Iredell County. November Term 1930 Lee Deliinger vs JUDGMENT 4 q W B Kiker and L C Yount, 4 trading as Kiker & Yount/ 9 This cause coming on to be heard, and being heard, before His Hon- or, John H Clement, Judge Presbding, and it appearing that the plaintiff and defendants have compromised and settled all matters and things in controversy in the above entitled action by the defendants agreeing to pay the plaintiff the sum of eight hundred ($800.00) dollars, which offer is accepted by the plaintiff. It is therefore ordered, considered and adjudged by consent of the plaintiff and defendants, that the plaintiff recover of the defendants the sum of Eight Hundred Dollars and the costs of this action. J H Clement Judge Presiding. Consented to by: Hugh G Mitchell Grier Grier & Joyner Attorneys for plaintiff D F Mayberry Attorney for defendants. Debts Ae ese e tt e 9 Sete ete ee & a a a monn eae . = Ro Fk eee Se ee ae ee 5 s ° ——) a SS aEEEEEEEnaneien — othe Aa som : 464 North Carolina, In the Superior Court Iredell County. November Term 1950, The Fisk Tire Company, Incorporated, Plaintiff. $ vs (4 JUDGMENT A C Crouch, trading and doing 4 business as The Crouch Service § Station, Defendant 6 This cause coming on to be heard before His Honor, J H Clement, Judge Presiding, at the regular term of the Superior Court of Iredell County on this the 10th day of November, 1950, for judgment, and it appearing to the Court that the defendant has consented to give the plaintiff judgment as prayed for in the compjaint, showing a balance due for goods sold and delivered, NOW, THEREFORE, IT IS ADJUDGED, DECREED AND ORDERED that the plain- tiff recover of the defendant the sum of Thirteen Hundred Ninety-five Dollars and Eighty-nine cents ($1395.89) with interest thereon from 22nd day of May, 1930 until paid, and for the cost of this action to be taxed by the Clerk, J H Clement Judge Presidkng 15th Judicial Dist, Consented to: Adams & Dearman Attorneys for plaintiff. Lewis & Lewis Attorneys for Defendant North Carolina, In the Superior Court Iredell County. November Term 1950_ To His Honor, J H Clement, Judge Presiding: I hereby respectfully report to the Court that I have at this term of Iredell Superior Court inspected and examined, to the best of my ability, the conduct and administration of the office of the Clerk of the Superior Court of Iredell County, and that I find that said office appears to be condticted by the said Clerk, Hon. John L Milholland, in a most highly commendable and efficient ation manner, and in accordance with the laws governing the conduct and administr of said office, Respectfully, submitted, zeb V Long, Apvroved: Solicitor. J H Ciement, Judge Presiiding SY oe dge Presiding North Carolina, In the Superior Court Tredell County. Before the Clerk L K Goodin 4 vs § JUDGMENT Moore-Kyles Chevprilet Co. 4 This cause coming on to be heard before the undersigned Clerk of the Superior Court of Iredell County, on this Monday, October 20th, 19350, and being heard, and it appearing to the Court that, on the 13th day of September 1930, plaintiff procured summons to be issued in the above entitled action, a and at the same time filed in this office a duly verified complaint in said action; and it further appearing to the Court that on the said 13th day of September, 1950 the summons and complaint were duly served on the defendant, by the Sheriff of Iredell County delivering to the defendant a copy of said summons and a copy of the complaint in said action; and it further appearing to the court that more than thirty days have elapsed, and that the time for answering, or filing other pleas in said action, by the defendant has expired and that the defendant has failed to answer, demur, or file other pleadings in said acBion; and it further appearing to the Court, from.the verified comp laint, that this is an action to set aside and cancel a judgment entered a- gainst the defendant, L K Goodin, in an action entitled, "Morrow Motor Comp- ant vs Blane Goodin and L K Goodin", entered by the undersigned Clerk of the Superior Court on the 15th day of March, 1928 on Minute Docket 19, page 654, Judgment Docket 25, page 121; and it further appearing to the Court that no summons or other process was served on the defendant, L K Goodin in sajd ac- tion of the Morrow Motor Company vs Blane Goodin and L K Goodin, and that L K Goodin did not appear in said action, and that said judgment so entered a- gainst the said L K Goodin in contrary to law and void; IT IS, THEREFORE, upon motion of J W Sharpe and Grier, Grier & Joyner, Attorneys for the plaintiff, L K Goodin, considered, adjudged and de- creed that the judgment heretofore entered against L K Goodin in the ease of Morrow Motor Company vs Blane Goodin and L K Goodin", as the same appears upa Minute Docket 19, page 634, Judgment Docket 25, page 121, be, and the same is hereby declared null and void, as against L K Goodin, and it is further con- sidered, adjudged and decreed that said judgment be striken from the records and cancelled by the Clerk entering on said minute docket and said judgment docket a statement in substancially the following language: "This: dudgment as to L K Goodin has been duly declared null and void, and ordered cancelled and the same is hereby erased, cancelled and expunged from the records of this Court, ias ordered by the Court in the case of L K Goodin vs Moore-Kyles Cheve let Company", 465 It is further considered and adjudged that the plaintirr recover of the defendant the costs of this action to be taxed by the Clerk of this Court, John L Milholland, Clerk Superior Court VEE ETE re TES EE DM iE North Carolina, In the Superior Court Iredell County. Statesville Hardware Company } vs $ JUDGMENT A C Croudh This cause coming on to be heard on Monday, November 10th 1930, before John L Milholland, Clerk of the Superior Court of Iredell County, North Carolina, and it appearing to the Court that this action was instituted on October 4th, 1930, and that summons and complaint was duly served upon the defendant A C Crouch on said date; And it further appearing that no answer has been filed within the time allowed by law; And it further appearing that the action is instituted on an open account for the sum of $269.90 with interest from May lst, 1950, atate- ment of the action and the correctness of the account admitted by the defend- ant; It is now, upon motion of E M Land, Attorney for the plaintiff, ore dered and adjudged that the plaintiff recover of the defendant the sum of $269.90 with interest from May lst, 1930, and the cost of this action to be taxed by the Clerk. John L Milholland, Clerk Superior Court. OSE SE SE SEE SE SE Ce Wb os ee ES North Carolina, } In the Superior Court Iredell County. 4 DuPont Rayon Company UDG US Ef D C Ritchie and wife, ! vs ' ! Elizabeth Ritchie, j This cause coming on to be heard on Monday, November 10th 1950, Carolina, and if appearing to the Court that this action was instituted aot st the defendants on August 25th, 1930, but that the summons issued was 467 served upon the defendants and that thereafter on September 30th 19350, an alias summons was issued and summons and complaint duly served upon the defendants on October 9th, 1950; And it further appearing that the action is instituted for the re- covery against the defendant D C Ritchie of the sum of $2500.00 with interest from January lst, 1950, and for the foreclosure of a certain mortgage deed ex- echted by the defendants DC Ritchie and wife, Elizabeth Ritchie, on January 29th, 1950, to secure said indebtedness which mortgage deed is duly recorded in Mortgage Book 85, page 219, of the records of the Register of Deeds for Iredell County, North Carolina, and that default has been made in the payment of said indebtedness; And it further appearing that the defendants have not filed answer but have consented to this judgment; It is now ordered and adjudged, by consent, that the plaintiff Du- { , Pont Rayon Company recover of the defendant D C Ritchie the sum of $2500.00 t with interest from January lst, 1930, and the cost of this action to be taxed ‘ by the Clerk; It is further ordered and adjudged, by consent, that the following lots of land, conveyed in the mortgage deed executed by D C Ritchie and wife, Elizabeth Ritchie, to DuPont Rayon Company, recorded in Mortgage Book 85, page 219, of the records of the Register of Deeds for Iredell County, North Carolina de and are hereby condemned to be sold:- The following lots of land in Statesville Township, Iredell County, North Carolina, and described as follows:- All of lots numbers 53,54,55,56,57,58,59,60,61,62}65, 64,65,66,67 and 68 of the property of C L Cruse as platted and planned on a general map of the same which was made by J R Reagan, Surveyor on the __ day of April 1924, and which is recorded in Plat Book 1, at page 75, in the office of the Register of Deeds of Iredell County, N. C., to which reference is hereby made for a more particular description, and being the identical lots conveyed to H L New- bold by deed of C L Cruse and wife dated May llth, 1927. I t is further ordered and adjudged, by consent, thaf the defendants be and are hereby allowed thrity days to pay off and discharge said judgment against DC Ritchie and redeem said lands and upon failure to redeem said lands within thirty days, that the defendants each of them be forever barred of anyxr right and interest therein. It is further ordered and adjudged, by consent, that E M Land be and is hereby appbinted Commissioner to sell said lands at the Court House Door in Tredell Couhty, North Carolina, after first advertising said sale by posting a notices thereof at the Court House Door and three other public places in said County for thirty days immediately preceding said sale and also publishing said notices for four weeks in some newspaper published in Iredell County and make fue report of said sales to the Court. And this cause is retained for further prders. 8 John L Milholland, Y Conesnt;: Clerk Superior Court. EM Land, attorney for Plaintiff Scott & Collier, attorneys for Ix : 468 North Carobina In the Superior Court Iredell County. Before the Clerk, Maryland Casualty Company Plaintiff ve JUDGMENT City of Statesville, Defendant. } This cause coming on to be heard before the undersigned Clerk of the Superior Court of Iredell County, and being heard, and it appearing to the Court that the plaintiff, as surety on the R M Hudson and Company's indemnity bond, had to take over and complete a contract existing between the defendant and the R x Hudson Company, for certain street improvements, and that, growing oub of said transaction, the defendant became indebted to the plaintiff in the sum of $3986.54 on the day of August, 1923, and on final settlement executed and delivered to to the plaintiff, or its agent, C F Guild, its promissory note for said sum; and it further appearing to the Court that said note has been mislaid, lost or destroy- ed by the plaintiff and cannot, after due diligence, be found either by the plain- tiff or its agent, C F Build, and it further appearing that the plaintiff is will- ing , upon receipt of the principal of said note, to-wit; $3,986.54, and the pay- ment of one-half of the costs of this action, to execute and deliver to the defend- ant its bond in the sum of $8,000., being double the amount of said npte, condi- tioned to indemnify and save harmless the defendant agains’t all loss and demage, including reasonable costs and attorney's fees, the defendant may suffer by reas- on of the plaintiff's inability to produce said note, and deliver it to the defend- ant for cancellation; and it further appearing that the defendant is willing to accept said bond, provided said bond is satisfactory to the defendant and approy- ed by this Court; and if further appearing that the plaintiff has prepared, ®X- ecuted and tendered to the defendant its bond, with the Fidelity & Deposit Comp- any of Maryland as surety, in the following words and figures, to-wit; FIDELITY AND DEPOSIT COMPANY of Maryland BALTIMORE KNOW ALL MEN BY THESE PRESENTS: fter THAT, Maryland Casualty Company, of Baltimore, Maryland, (herei nti e called the PRINCIPAL), as Principa}] and the Fidelity and Deposit Company 0) || tand;a corporation of the State of Maryland, with its principal office in or City of Baltimore, Maryland (hereinafter called the surety), as Surety, sre and firmly bound unto the City of Statesville, North Carolina, qhoreinetay 00) led the Ob%igee), in the full and just sum of EIGHT THOUSAND DOLLARS ($8, 000. to the payment of which sum, well and truly to be made, the PRINCIPAL AND SUBB* Bind themselves, their and each of their heirs, executors, administrators, ‘ cessors and assigns, jointly and severally, firmly by these presentSs+ —— THIS AGREEMENT, of indemnity, dated the 12th day of November A D + witnesseth: : Mee Whereas, heretfore the Maryland Casualty Company completed defaulted contract of R M Hudson Company, which contract included the paving of certeim, streets in the City of States ille, North Carolina, and Whereas, the City of Statesville has paid the Maryland Casualty or its agent, for all work in said City, with the exception of Thousand Nine Hundred Bight 00 ($5,986.54) Dollars, for which gum the City of Statesville, North Carolina, executed a note duri th part of November, 1925, payable to C F Guild, as agent of the Tove thes eateries Company, and, WHEREAS, the said note has been misplaced and cannot now be located, Now, therefore, in consideration of the payment of the sum of Three Whodsarid Nine Hundred and Eighty-six and 54/100 ($3,986.54) Dollars, by the City of Statesville to the Maryland Casualty Company, receipt whereof is here- bye acknowledged, the said hiaryland Casualty Company, does, by these presents {indemnify arid save forever harmless the said City of Statesville from any and all losses, costs, attorney's fees or expenses of every description which may be incurred by the said City of Statesville in the event said note herein des- cribed is at any time presented for payment, Witness our hands and seals at Charlotte, North Carolina, this 12th day of November, 1950. MARYLAND CASUALTY COMPANY By W C Ginter WITNESS: Principal Eula Ferris Evers BIDELITY & DEPOSIT COMPANY OF MD. By Floyd G Whitney Attorney in fact " Seal Irene Rhyne a And £t further appearing that said bond is in proper form and the the surety is a recognized indemnity Comapny, authorized to do business under the laws of this State, and is approved by the proper authorities of the State of North Carolina, as a solwent Company, and that the defendant has expressed its satisfaction of said bond, the same is hereby approved by this Court; IT IS, THEREFORE, considered, adjudged and decreed by the Court that the defendant accept said indemnity bond and pay to the plaintiff the sum of $3,986.54, in full satisfaction of defendant's liability to the plaintiff, growing out of the matters and things set forth in the complaint and answer in this cause, It is further considered and adjudged that the costs of this action be paid one-half by the plaintiff and one-half by the defendant. This 13th day of November, 1950. John L Milholland, Clerk Superior CGourt. APPROVED: Grier, Grier & Joyner, Attorneys for Plaintiff. J B Glover Jr. Attorney for Defendant. SESESE COE Se Re TE F we eee ae eee, ee BRK KA A A ARE North Carolina, In the Superior Court Iredell Coanty. Oscar W Slane f vs 4 JUDGMENT Oakland Heights Ine. . This cause coming on to be heard before the undersigned Clerk of the Superior Court, and it appearing to the Court that the above entitled actia was instituted in this Court on the 19th day of September, 1930, by the plain- tiff filing a verified complaint alleging the balance due on a written instru- ment for $5100. with interest at the rate of siz percent per annum from the 4th 469. | | 470 day of August, 1927, subject to a credit of $2080.57 made on the 10th day of July, 1930; that summons was duly issued from this Court and that an alias was served by the Sheriff of Mecklenburg County on H B Heath, an officer of the defendant Company on the llth day of October, 1930; that more than thirty days have elapsed since the service of said summons and copy of the compalint, and that the defend. ant has failed to answer or demur to the plaintiff's cause of action, IT IS, THEREFORE, ordered and adjudged that the plaintiff recover of the defendants the sum of $5100. with interest from the 4th day of August, 1927, subject to a credit of $2080.37 made on July 10th, 1930; that he recover his cost; and that the defendant be taxed with the costs of this action. This 10th day of November, 1950. John L Milholland, Clerk Superior Court, M, WCE SEE SEE IS He EE se BES TE te St North Carolina, In the Superior Court Iredell County. Before the Clerk Mrs Mary V Conger, Extrix § vs § JUDGMENT S R Morrison ' This cause coming on to be heard before John L Milholland, Clerk of the Superior Court of Iredell County, North Carolina, upon the verified compe laint of the plaintiff, Mrs Mary V Conger, Executrix, and other pleadings filed in the cause, and it appearing to the Court that this is an action brought by the plaintiff against the defendant on a note secured by a chattel mortgage on the following described personal property, to-wit: One black cow (5) years old, one gray mule about (10) years old named “Kit", two black mules about (5) years old named Dob and "Dal" and known as the Jhn McNeely mules, and my entire crop of cotton, cotton seed, wheat now growing and corn being raised and to be raised during the year 1926, on my OWn lands lying in Shiloh Township, Iredell County, N C adjoining the lands of I WN Payne, A D Lowrance and others and known as Miller farm; also all my crop of a cotton, cotton seed, corn, wheat growing and to be grown, raised and cultivars for the year 1926 on my wife's land, to-wit: Essie L Morriosn, lying in Shilo Township, Iredell County, N. C. adjoining the lands of I N Payne, J © McLean and others and known as Oliver Wood place. It further appearing to the Court that the defendant, S R uorriaae has been duly served with summons and a copy of the verified complaint of plaintiff and that the said defendant is now in Court, and It further appearing to the Court that the plaintiff has caused to be issued from this Court claim and delivery proweedings after giving pond a8 required by law for the personal property above described and as conveyed by said chattel mortgage, and It further appearing to the Court that the said defendant gave © replevin bond for said personal property for the sum of $200.00, which said ”~ bond was signed by C E Stevenson as surety; 471 It further appearing to the Court that the plaintiff is entitled to recover of the defendanr, S R Morrison, and C E Stevenson as surety the sum of $69.44, with interest thereon from the 26th day of April 1926, to-wit: the sum of $88.57, with interest thereon from this date until paid; It further appearing to the Court that the plaintiff is entitled to a lien against the above described personal property to the end that this claim may be satisfied in full; It further appearing to the Court that the defendant, S R Morrison, @ and his surety, C E Stevenson, have not answered the complaint of the plaintiff or demurred thereto within the time prescribed by law; It is, therefore, ordered, adjudged and decreed that the plaintiff re Te cover of the defendant, S K Morrison and the surety, C E Stevenson, on his re- plévin bond the sum of $69.44 with interest thereon from the 26th day pf April i 1926, to-wit: the sum of $88.57, with interest on said sum from this date un- til paid for the cost of this action to be taxed by the Clerk; i It is, therefore, further ordered, adjudged and decreed that this | judgment be and shall constitute a specific lien on the following described personal property: ‘ , One black cow (5) years old, one gray mule about (10) years old name Kit", two black mules about (5) years old named "Dob" and "Dal" and known as ti the John McNe@ly mules, and my enbire crop of cotton, cotton seed, wheat now 1 growing and corn being raised and to be raised during the year 1926, on my own W lands lying in Shiloh Township, Iredell County, North Carolina, North Carolina, i adjoining the lands of I N Payne, A D Lowrance and others and known as Miller farm; also all my crop of cotton, cotton seed, corn, wheat growing and to be grown, raised and cultivated for the year 1926 on my wife's land, to-wit: Essie L Morrison, lying in Shiloh Township, Iredell County, N. C. adjoining the lands of I N Payne, J C McLelland and others and known as the Oliver Wood place, And it is further ordered and adjudged by the Court that execution issue to the Sheriff of Iredell County commanding him to take said personal property and sell the same at public auction to the highest bidder for cash, after due advertisement as required by law and apply the proceeds form the sale of same to the discharge and satisfaction of this judement and the cost of the action so far as it will go; It is further ordered, adjudged and decreed that if the personal property above mentioned does not bring a sufficient amount at said sale to satify this judgment and the cost of the action, or if for any reason a deliv- ery of the above described personal property can not be had then in such event the sheriff of Iredell County shall satisfy srid judgment out of any other per- Sonal property of the defendant, S R Morrison, and the surety on his bond C E Stevenson, and should said defendants not have sufficient personal property to Satisfy said judgment and cost then out of the real estate belonging to the Said defendants. This th ' f September 1930. a oe? . John L Milholland, Clerk Superior Court. Sete ae EEE EEE Sb See Tete Te EE 472 - ¥ 473 North Carolina, In the Superior Court North Carojina, Si Wk Neb Gide i Iredell County. Before the Clerk Iredell County. side Ca ea i Talley Wilson § ; The First National Bank of vs (4 JUBGMENT FINAL BEFORE THE CLERK ON A NOTE Statesville, North Carolina, 1 J D Nash and LG Nash § This cause coming on to be heard before the undersigned, Clerk of the s J Holland, E Morrison, 4 ) vs § JUBGMEN® i and T M Crowell, Defendants. 4 Superior Court of Iredell County on Monday the 24th day of November, 1930, and being heard; and it appearing to the Court that the plaintiff in this action This cause coming on to be heard, and being heard before John L i Ah caused summons to be issued from the Clerk of the Superior Court of Iredell wilholiand, Clerk of the Superior Court of Iredell county, and it a | | County on the 18th day of October, 1950, a@ainst the defendants and that per- the Court that this action is brought for the purpose of collection the amount it H sonal service of said summons was made on each of the said defendants on Oct- due on a promissiory note, being a certain cefinite amount, and that the defend- Hh | ober 20, 1930, by reading the within summons to the defendants, J D Nash and ants have each been personally served with summons and a copy of the complaint, | it L G Nash t@n& by leaving with each of them a copy of the summons and a copy of as required by law, more than thirty days, and have failed to file an answer i | the plaintiffs verified complaint. or demur to said complaint, and that there is due and owing to plaintiff b@ de- fl i And it further appearing to the Court that the plaintiff filed a duly fendants, the sum of $2500.00 together with interest thereon from the 20th fay ie verified complaint in the office of the Clerk of the Superior Court of Iredell of April, 1930, until paid; i County on the 18th day of October, 1950, and that this is a cause of action up- It is therefore ordered and adjudged by the Court that the plaintiff i | on a@ promissiory note for an amount certain and that more than thirty days have recover of the defendants, S J Holland, E Morrison and T M Crowe]ll, the sum of i elapsed from the service of said summons and copy of said complaint on each of $2500.00, together with interest thereon at the rate of six per cent per annum \ said defendants and that the defendants have not filed any answer denying the from the 20th day of April, 1930, until paid, together with the costs of this | complaint or raised any issue of fact, or filed any demur to said complaint and action to be taxed by the Clerk of this Court. i that the plaintiff is entitled to recover of the defendants the sum of $265.00 This the 24th day of November, 1930. i with interest thereon at the rate of six per centum per annum from December 18, John L Milholland, 1928 until paid subject to a credit of $5.00 on April 15, 1930 all on the account Clerk Superior Court of Iredell 1 County, N. C. of said note; It is, therefore, ordered and adjudged that the plaintiff recover of the Gafendants, J D Nash and L G Nash in this action the sum of Two Hundred Ninety- Seaese ae Hie 3 one and 335/100 Dollars, with interest thereon at six per centum per annum from November 24, 1930, until paid and the cost of this action to be taxed by the Clerk of this Court. This the 24th day of November, 1930. John L Milholland, Clerk Superior Court North Carolina, In the Superior Court Iredell County. The Federal Land Bank of Columbia, 4 Plaintiff vs ) JUDGMENT AND ORDKR OF FORECLOSURE W N Somers and wife Lhla Alten Somers ) § Bryan Teague and R L Reavis, Administra-} tors of C G Teague, Carolina Motor Com- 9 pany, Inc. amd the Statesville National § Farm Loan Association, Defendants. 4 This cause coming on to be heard before the undersigneé@ Clerk of the Superior Court of the County and State aforesaid, upon application of the plain- tiff, The Federal Land Bank of Columbia, for a judgment by default final upon its complaint, and for want of answer, and being heardy the Court finds the fol- lowing facts; 1. That summons was duly issued in this cause on the 25rd day of October, 1930, and that same was duly served on all of the defendants herein, as required by law, and a copy thereof served on all of the resident defendants, and that the defendants N Somers and wife Lula Allen Somers, mortgagors, and the Statesville Natbonal Farm Loan Association, have neither appeared, answered or demurred thereto, and are now in default, and that more then thirty (50) days have elapsed since the service of the summons issued in this cause; 2. That this action is founded on a promissory note for the payment of money, which was executed and delievred by the defendants, N Somers and wife Lula Allen Somers, and duly endorsed by the Statesville National Farm Loan Association to the plaintiff, which is now the lawful owner and the bona fide holder thereof, and is secured by a mortgage of even date therewith, duly 6x- ecuted and delivered by the said defendant borrowers on the 14th day of Janusry 1927, which was duly recorded in the office of Kegister of Deeds for Iredell County, North Carolina, on the 14th day of Janusby, 1927, in Book 59 page 260, and this mortgage covers the same land described in the plaintiff(s complaint heretofore filed in this cause, which is located and bounded as follows: All that certain lot, tract or parcel of land containing 226% acres, more or less, situate, lying and being about 6 miles East from the City of Statevilze in Chambersburg Township, County of Iredell, State of North Care lina, being bounded on the North by the lands of H F Long and Lee Davi dawn on the Kast by the lands of J M Deaton, L O Chester, and John Barkley; on West by the lands of John Barkely and Augustus Shoemaker; and having such shape, metes, courses and distances as will more fully appear by rererett. to two plate thereof, one made by S O Lazenby, County Surveyor, on the oe day of November 1919, and one made by RK F Rives, Surveyor on the 21st on ane December, 1926, which plats are attached to the abstract now on file wit Federal Land Kank of Columbia. 3. That the facts alleged in the plaintiff's verified complaint ere the found to be true as alleged, and it appears therefrom that the condition of and mortgage herein mentioned has been broken and that there is now justly due n the next preceding owing to tiff by the said defendants mentioned i paragraph the sum of FOUR THOUSAND FIVE HUNDRED KIGHTY-ONK and 75/100 $4,581.75) Dollars with interest thereon from the 24th day of November, 1930 until paid at the rate of 6% per annum, for all of which the plaintiff is en- tatled to demand judgment. NOW, therefore, on motion of the plaintiff's attorneys made on this the first Monday in December, 1950, it is ordered and adjudged: First: That the defendants W°N Somers and wife Lula Allen Somers and the Statesville National Farm Loan Association are in default, and that the plaintiff have and recover of them the sum of Four Thousand Five Hundred High ty-one and 75/100 ($4,581.75) Dollars with interest thereon at the rate of 6% per annum from the 24th day of November, 1930, until paid, and the costs a of this action; Second: That unless the indebtedness herein adjudged to be due the plaintiff, including the costs of this action is paid immediately the lands Gescribed in said mortgage to the plaintiff are hereby condemned and ordered “to be sold at public auction on Saturday, January 3, 1930, atvthe Court House door of this County, and the proceeds thereof, after paying the costs of this action and the expense of advertising, selling, and conveying the said lands, including 5% of the accepted bid as compensation for the Commissioner, togeth er with all past due taxes and assessments thereon, shall be applied first upon this judgment, and the surplus, if any, paid into this Court for the ben efit of thbse entitled thereto; Third: That A B Raymer be, and he is hereby appointed Commissioner of this Court to advertise and sell to the last and highest bidder therefor, upon the terms herein setforth, the mortgaged lands described in the complain herein and report his proceedings hereunder, with a complete statement of his receipts and disbursements, for future consideration and orders by this Court Fourth: That said Commissioner de require the successful bidder to deposit at once with him or into this Court the sum of Four Hundred Dollars, either in cash or by certified check, the same to be applied on the bid shoud there be a compliamce therewith, but should there be a failure to comply ther with, then it shall be forfieted to the plaintiff and the premises resold on the same or the next convenient sales day thereafter upon the same terms and at the bidder's risk. Fifth: That upon the confirmation of the sale of said lands by the Clerk of the Court, and when the terms of sale have been fully complied with, the said Commissioner shall make title to the purchaser in fee, and thereupon the same shall be put in possession of the said premises on the production of the deed; 475 476 Sixth: That the terms of sale shall be as follows: One-firth of the accepted bid shall be paid into Court in cash, immediatelafter the confirmation of the sale, the balance on credit, payable in five equal annual installements, with interest thereon at six per centum per annum from the date of sale until paid, and secured by a first mortgage of the premises on the part of the purch- aser; provided that the purchaser shall have the right, when complying with the terms hereof, to pay in cash the whole or any part of the credit portion g of the purchase price. Should the proceeds of sale not suffice, after paying the costs of this action, the expenses of sale, including the compensation to the commissioner, and all unpaid taxes and assessments then assessed against the property, to discharge and pay off the judgment in favor of the plaintiff in full, then the balance due on said judgment dhall be evidenced by a separate bond and secured by a first and separate mortgage on the premises on the part of the purchaser, and transferred and assigned to the plaintiff. The purchaser shall vay for the preparation and recording of all papers including the re- quisite revenue stamps; provided, however, that revenue stamps need not be placed on the deed of conveyance to the plaintiff, should it become the purch- aser, or on any bond securing any balance due the plaintiff on its judgment. Seventh: That permission is given to the Federal Land Bank of Col- umbia to bid at the sale or any resale of the said mortgaged lands, and in case it is the successful bidder it shall not be required to make a deposit with its bid, and after paying the costs of this action, the amount of its bid shall be applied as a credit upon this judgment; Kighth: That all the right, title, interest and equity of redemp- tion of the defendants WN Somers and wife Lula Allen Somers as well as all persons whomsoever claiming through or under the same in and to the said pre- mises or any part thereof herein ordered to be sold shall be, and upon the sale of said lands are, hereby forever barred and foreclosed. This the lst day of December, 19350. John L Milholland, Clerk Superior Court for Iredell County North Carolina. dee ‘ ‘ RAR OK $4900 ot. BT ee North Carolina, }§ In the Superior Court Iredell County. } Federal Land Bank of Columbia vs JUDGMENT OF NON-SUIT $ 4 H O Thompson and wife Linnie 4 4 Thimpson, et al. a of. This cause coming on to be heard before the undersigned clerk the Superior Court and it appearing to the Court that the parties adjusted the matters and differances between themselves and that they decided | to take a non-suit in this action, \ \ \ 47 It is, therefore, upon motion of Scott «% Collier, Attorneys for the plaintiff, ordered and adjudged that the plaintiff be, and it is hereby non-suited and taxed with the cost of this action. This Sth day of December, 1930, John L Milholland, Clerk Superior Court. North Carolina Gn the Sup rior Court, Tredell County. Before the Clerk, L B Mayhew, R K McNeely, 9 C C McNeely and D K -McNeely \ trading as Mayhew & McNeely Co.} vs | JUDGMENT Clyde Deal 4 This cause coming an to be heard on this Monday, December lst, 1950 before John L Milholland, Clerk of the Superior Court and being heard and it appearing that the complaint tn the above entitled action was filed on October 28, 1930, and that the summons was served on the de- fendant by leaving a copy thereof and a copy of the complaint with him on Oct 30, 1930, by the Sheriff of Iredell County; and it further appearing that more than thirty days have elapsed since the filing of the somplaint and the service of the summons in this action and that no answer has been filed and that the action is on a stated account and that the complaint was properly verified, It is therefore ordered and adjudged that the plaintiffs recover of the defendant the sum of Five Hundred Forty-three and 31/100 ($543.31) Dollars with interest from October 16, 1930, at six per cent per annum and the cost of this action. This December 1, 1950. John L Milholland, Clerk Superior Court. 7 emer i | i | ies ame — z 4°78 North Carolina, In the Superior Court Iredell County. Joseph M Prevette vs JUDGMENT Central Bank and Trust Company, as Trustee Universal Mortgage Company and the Realty Loan and Insurance Company. oS — > In this cause, all matters in controversy having been composed, the plaintiff having abandoned his appeal from the order of His Honor, J H Clement, disolving the temporary restraining order and the defendant, The Realty Loan and Insurance Company and the plaintiff having failed to make: the payments und- er the deed of trust to the Central Bank and Trust Company, Trustee, according to the provisions thereof and plaintiff having conveyed to the Pioneer Realty Corporation shall pay the indebtedness seen oy the deed of trust to the Central Bank and Trust Company, Trustee, and it further having been agreed that said deed of trust is a first and paramount subsisting lien upon the property described in the deed from the Realty Loan and Insurance Company to the plain- tiff in this action: It is now, by consent of all parties, ordered, adjudged and decreed that the indebtedness, in the principal amount of $7973.00, secured by the deed of trust which is recorded in the office of the Register of Deeds of Iredell Comnty in Book No 85 at page 355 is valid and that the said deed of trust con- stitutes a first and paramount lien upon the porperty therein conveyed. It is further ordered, adjudged and decreed that the notes amounting to $2200.00 sé cured by second mortgage, referred to in the complaint, shall be surrendered to the plaintiff, It is further ordered, adjudged and aouveet that the plain- tiff take nothing by his action and the defendants recover nothing of the plain- tiff by reason of their counter claim, or otherwise, and that each party psy the costs incurred by him in this action. This the 8th day of December, 19350. John L Milholland, Clerk Superior Court of Iredell County Consented to: Malcolm Cameron Attorney for plaintiff Scott & Collier, By R A Collier Attorneys for the Realty Loan & Ins Co Carroll B Spencer Attorney for Central Bank and Trust Company, Trustee, and Universal Mortgage Company/ VRIES ESE EE ESE ES Tee ee * acne North Carolina, In the Superior Court Iredell County. W W Rankin Company § vs § JUDGMENT N A Woodfin § This cause coming on to be heard on Monday, Dec 15, 1930 before His Honor J L Milholland, C S C and being heard and it appearing that the xzr# verified complaint in this action was served by the sheriff of Iredell County N. C. together with a copy of the summons on Nov 5, 1950 and the complaint properly verified was filed in this office on November 6, 1950 and it further appearing that more than thktrty days have elapsed since the filing of the com plaint and the service of the summons and that no answer has been filed. It is therefore ordpred and adjudged that the plaintiff recover of the defendant the sum of $340.70 with interest at the rate of six per cent per annum from Mov 1, 1950 and the cost of this action be taxed against the defendant. December 15, 1950. John L Milholland, Clerk Superior Court. North Carolina, In the Superior Court Iredell County. Before the Clerk The Wm. A Murry Spring Company, an Ohio Corporation. JUDGMENT The Lanier Furniture Company, a j 4 vs 4 ¢ North Carobina Corp. 4 This cause coming on to be heard, and being heard, before His Honor, John L Milholland, Clerk of the Superior Court of Iredell County and it ap- pearing to the Court that summons was issued in the above entitled matter on the 18th day of November, 1930, and that at the time of issuing said summons a duly verified complaint was filed in this office; that a copy of the comp= laint and summons was served on the defendant on the 10th day of Novemher, x or other pleading has been filed in ths 1950, and that no answer or demurrer, cause on or before this, the 15th day of December, 1950; that the time for an swering, demurring or otherwise pleading has now expired; and it further apes t from the allegations contained in the complaint that the pearing to the Plaintiff ig to the relief demanded; a Now, | E, it is consisered, ordered and adjudged that Me plain tiff recover of the defendant the sum of $397.14, with interest thereon at 6% from March 14th 1929, until paid, together with the costs of this action to ® be taxed by the Clerk. This 15th day of December, 1950. oe ae AO EP ED ee mm me we eK Om ae A a aiid is él John L Milholland, CS Ce 480 North Carolina, In the Superior Court Iredell County. The Ohlen-Bishop Company. vs CONSENT JUDGMENT a ) L M Graves, Receiver of the § CH Turner Manufacturing Co. 4} This cause coming on to be heard and it appearing to the Court that the parties have agreed upon the amount due by C H Turner Manufacturing Compm y to the plaintiff and fixed said amount in the sum of $671.70¢ It is, therefore, ordered and adjudged, by consent, that the plain- tiff recover of the defendant the sum of $671/70 and the cost of the action to be taxed by the Clerk. It is further ordered and adjudged, by consent, that no execution shall issue on this judgment but thatithe plaintiff shall be entitled to re- ceive the dividends heretofore paid or hereafter paid by the said L M Graves, Receiver of the CH Turner Manufacturing Company, and that the payment of said dividends shall be in settlement of this judgment. This December 25rd, 1950. John L Milh6lland, Clerk Superior Court. By consent: KM La nda Attorney of plaintiff H P Grier and John A Scott Attorneys for the defendant North Carolina, In the Superior Court Iredell County. The Deposit end Savings Bank, Inc, vs CONFESSION OF JUDGMENT S J Holland, E Morrison and L B Bristol. oo lUlC le We, S J Holland, principal, L B Bristol and E Morrison endors- ers, the defendants in the above entitled case, hereby confess judgment in favor of the Deposit & Savings Bank, Inc., plaintiff, for Seventeen Hundred Fifty ($1750.00( Dollars, with interest from October lst, 1930, and authorize the ™ entry of judgment therefor against S J Hollard as principal, and L B Bristol 2 Morrison endorsers on the 24 day of December, 1950. ) The Confession of Judgment is for a debt ne i tly due from s J Hole ris- land, principal, L B Bristol and — Morrison, endorsers, to the plaintiff, ® ing from the following facts: For money borrowed from the Deposit *« Savi nge pank, by S J Holland and the note above referred to being given therefor, which , said sum is due the said plaintiff over and above all just demands that S J Holland, L B Bristol and E Morrison have against the plaintiff, the De ; , & a posit & Savings Bank, S J Holland EK Morrison L B Bristol S J Holland, L B Bristol and E Morrison, being duly sworn, each &@ for himself, deposes and says that the facts stated in the above Confession are true, and that the amount of the judgment confessed is justly due the plaintiff. S J Holland Sworn to and subscribed before me, E Morrison this the 24th day of December, 1930, L 5 Bristol. John L Milholland, Clerk Superior Court. North Carolina, In the Superior Court Iredell County. The Deposit & Savings Bank Inc. vs JUDGMENT S J Holland, .E Morrison and L B Bristol. On filing the foregoing and attached statement and confession, duly verified, together with note therein referred to, It is constdered, ordered and adiudved by the Court that the plain- tiff, Deposit & Savings Bank, Inc., recover against the defendants, S J Holland, principal, L B Bristol and & Morrison, endorsers, the sum of SEVEN THEN HUNDK#D FIFTY ($1750.00) DOLLARS, with interest on said sum from Oct- ober lst, 1930, until paid, according to the terms of said confession, to- gether with $3.00 cost. This the 24th day of December, 1950. Jonn L Milholland, Clerk Superior Court NOMKN RAEN LEK Ehadolikchnnty. 481 482 North Carolina, 4 In the Superior Court Iredell County. 9 Before the Clerk The Bank of Alexander of Taylorsville NC. Ine. CONFESSION OF JUDGMENT S J Holland, E Morrison and L B Bristol { ) vs j ) ) 1. We, S J Holland principal and & Morrison and L BBristol, en. dorsers, the defendants in the above entitled case, hereby confess judgment in favor of the Bank of Alexander, of Taylorsville, N C, plaintiff, - an teen Hundred ($1500.00) Dollars, with interest from November first, a authorize the entry of judgment therefor against S J Holland principal and EB Morrison and L B Bristol endorsers on the 24th day of December, 1950, 2. The Confession of Judgment is for a debt now justly due from S$ J Holland principal and ® Morrison and L B Bristol, endorsers, to the said plaint‘ff, arising from the following facts: For money borrowed from the Benk of Alexander, of Taylorsville, N C., by S J Holland and the note above re- ferred to being given therefor, which said sum is due the said plaintiff over and above all just demands that S J Holland, E Morrison and L B Bristol have against the plaintiff, The Kank of Alexander, S J Holland & Morrison L B Bristol S J Holland, ~ Morrison and L B Bristol, being duly sworn, each for himself, deposes and says that the facts stated in the above confession are true, and that the emount of the judgment confessed is justly due the plain- Ciiles S J Holland Subscribed and sworn to before me, & Morrison this the 24th day of December, 1930, L B Bristol John L Milholland, Clerk Superior Court. North Carolina, In the Superior Court, Iredell County. The Bank of Alexander, of Taylorsville, N C Inc, S J Holland, E Norrison 4 ) vs ) ) and L B Bristol 4 On filing the foregoing and attacked statement and confession duy verified, together with note therein referred to, It is considered, ordered and adjudged by the Court that the plain- tiff, the Bank of Alexander, of Taylorsville, N. C. recover against the defend- ants, S J Holland, principal, and E Morrison and L B Bristol, endorsers, the - > sum of Fifteen Hundred ($1500.00) Dollars, with interest on said sum from Nov- ember the first, 1950 until paid, according to the terms of said confession, to gether with $3.00 cost. This the 24th day of December, 19350, John L Milholland, Clerk Superior Court. North Carolina, In the Superior Court County of Iredell DJ Craig § vs t JUDGMENT Mrs Hiley Dishman Q This cause coming on to he heard before the undersigned Clerk of the Superior Court of Iredell County, and it appearing to the Court that the sum- mons against the defendant was issued the 19th day of November, 1950 and serv- ed on the defendant together with the complaint the 19th day of November, 1930 and that more than thtrty days has elapsed since said service and no answer filed to said complaint, therefore it is considered and adjudged that the plain tiff have judgment by default for want of an answer and is further considered, ordered and adjudged that the plaintiff, D J Craig, is the owner of the house and lot described in the complaint, to-wit: Lot No 17, Block No 2 of the States ville Development Company ascplatted on the general map of said property in deed book 15, at page 441 in the office of the Register of Deeds of Iredell County, N. C. and that he is entitled to the inmediate possession thereof, And it is further adjudged that the costs of the action be taxed against the defendant and that a writ of possession be issued in favor of the Plaintiff against said defendant for the possession of the said property. Given under my hand and seal this Monday the said fifth day of Jan- uary, 1931/ John L Milholland, Clerk Superior Court. 48 3 t i 4 if 484 North Carolina, = In the Superior Court Iredell County. Before the Clerk The Wallace Bros. Company. ) vs 0 JUDGMENT BY DEFAULT FINAL R A Rudisill 6 This cause coming on to be heard, and being heard, before his Honpr, John L Milholland, Clerk of Superior Court of Iredell County, on Mondag, Januar y 5, 1931, and it appearing to the Court that the defendant, R A Rudisill, was fg personally served with summons on the above entitled action on the $rd day of December, 1930, and a copy of the plaintiff's duly verified complaint was duly served on said defendant at the time of service of said summons and complaint upon defendant and that he has failed to file answer or demurrer; and that the complaint alleged a cause of action for the recovery of a sum certain in goney due upon a promissory note -- NOW, THEREFORE, on motion of John 'V Wallace, attorney for the plain- tiff, it is hereby ordered, adjudged, and decreed that the plaintiff recover of the defendant, R A Kudisill, the sum of $550.74 with interest thereon at the rate of six per cent per annum, from the 3rd day of December, 1950 and for the costs of this action to be taxed by the Clerk. This the 5th day of January, 1951. John L Milholland, Clerk Suverior Court. Be MOS ETE EE EE is TOE See oe, “24 “ nA KR North Carolina, Fall Term 1950 Supreme Court No. 525 Iredell County. In re Will of Mrs S A Lowrance, JUDGMENT Appeal by A G Thomas, caveator. f the recad this This cause came on to be apgned upon the trahscript o from thr Superior Court of Iredell County:- upon consideration whereof, Court is of opinion that there is no error in the record and proceedings of said Superior Court. It is, therefore, considered amd adjudged by the Court here, that the opinion of the Court as delivered by the Hohogable G W Conner, tified to the said Superior Court, to the intent that the judgment 1s aff ae 8 ed. And it is considered and adjudged further, that the caveator R @ Thoma and surety Nancy Lee Smith do pay the costs of the appeal in this court in- curred, to-wit, the sum of Twenty-two and 55/100 Dollars ($22. Bend ox" ecution issue therefor, A True Copy: Edward cC Seawell, (SEAL) Clerk of the Supreme Courts BERETS SE ESE Te SESE AE EE Petes ash tte sese Justice, be cer North Carolina, In the Superior Court Iredell County. Mrs Chas C Tharpe, Executrix of the Will of Chas C Tharpe, Dec'd }§ e 0 JUDGMENT EL Phifer, H S Douglas, H J § Murdock, J M Taylor and RK F 4 Davidson. 6 THis cause coming on to be heard before the undersigned Clerk of the Court for Iredell County, and it appearing to the Court that summons in this action was issued on the 27th day of August 1930, and It further appearing to the Court that a summons and a verified copy of the complaint and served on each of the cefendants, R F Davidson, H S Dougs lass, H J Murdock and J M Taylor, on the <8th day of August 1940, by reading to each of said defendants said summons and a verified copy of said complaint, and by leaving with each of said defendants a copy of said summons and a copy of the verified complaint, und It further appearing to the Court that on the 28th day of August 1930, the defendant, E L Phifer, accepted service of said summons and waived service thereof by the shertff, and acknowledged the receipt of a verified copy of the complaint, and It further appearing to the court that all of said defendants are properly in court, ‘and it further appearing to the court that none of said de-~ fendants have answered or demurred to the complaint within the time required by section 476 of Gonsolidated Statutes of North Carolina, and It further appearing to the Court that the defendants are indebted to the plaintiff in the sum of $682.00, with interest thereon from the 18th Gay of August 1930 until paid, said interest to be computed annuaaly, and fob the cost of this action. It is therefore, considered, ordered and adjudged by the Court that the plaintiff recover of the defendants the sum of $682.00, with interest ther on from the 18th day of August 1930, until paid, said interest to be computed annuaaly, and for the cost of this action to be taxed by the court. This Monday October 6th, 1950. John L Milholland, Clerk Superior Court. 485 eee eee ee 486 North Carolina, In the Superior Court Iredell County. Harmony Banking & Trust Company vs es URDGAaa Frant A Tomlin, J K Tatum and N Sankey Gaither ecco THis cause coming on to be heard before the undersigned Clerk of the Superior Court for Iredell County, and it appearing to the court that summons in this action was issued on September 4th, 1950, and It further app*sring to the court that summons and a verified copy of the compleint was served on each of the defendants, F A Tomlin, J * Tatum and N Sankey Gaither, on the 4th day of September 1930 by reading to each of said defendants said summons and a verified copy of said complaint, and by leaving with each of said defendants a copy of said summons and @ copy of the verified complaint, and It further appearing to the Court that the defendant, F A Tomlin, and the defendant, N Sankey Gaither, failed to answer or demur to the complaint within the time required by Section 476 Consolidated Statutes of North Jaro- lina, and It further appearing to the Court that the defendant, J #% Tatum, within the time prescribed by law appeared in court and filed answer bo said complaint except the defendant denied that he was principal on said note and allered that he was an endorser with N Sankey Gaither, and It further appearing to the Court from the answer of said defendant, J8 'atum, and the same not being demied by the other defendants in the action, that the said J & Tatum is an endorser with N Sankey Gaither, and It further appearing that the defendant, F A Tomlin, principal, and the defendants, J ™ Tatum end N Sankey Gaither, as sureties and endorser@ are ine cebted to the plaintiff in the sum of $314.70, with interest thereon from the 26th day of Aug 1950, and for the cost of this action. It is, therefore, considered, ordered and adjudved by the Court that the plaintiff recover of the defendant, F A Tomlin, as principal, and the de- fendants, J — Tatum and N Sankey Gaither, as endorsers, the sum of $514.70, with interest thereon from the 26th day of August 1930 until paid, and for the cost of this actton to be taxed by the Court. This Monday, October, 6th 1950, John L Milholland, Clerk Superior Court. FE ue ee WTI Ne North Carolina, In the Superior Court Iredell County. Before the Clerk \ me Wallace Bros. Company. Plaintiff j vs 4 JUDGMENT BY DEFAULT FINAL W R Allen, DBefendant. ) This cause coning on to be heard, and being heard, before his Honor, John L Milholland, Clerk of Superior Court of Ipnedell County, on Monday, January 12, 1931, and it appvaring to the Court that the defendant, WR Allen was personally served with summons in the above -entitled action on the 9th dag of December, 1950, and @ copy of the plaintiff's duly verified complaint was duly served on said defendant at the time of service of sunmons, that more than thirty days has elapsed since the service of summons and complaint uvon defendant and that he has failed to file answer or demurrer; and that the complaint alleges a cause of action for the recovery of a sim certain in money due unon a promissory note -- NOW, THEREFORE, on motion of John ‘ Wallace, Attorney for the plain- tiff, it is hereby ordered, adjudged, and decreed that the plaintiff recover of the defendant, W RK Allen, the sum of $406.16, with interest thereon at the rate of six per cent per annum from the 2nd day of December, 1930, and for the costs of this action to be taxed by the clerk, This the léth day of January, 1951. John D Milholland, Clerk Superior Gourt. North Carolina, In the Superior Court Iredell County. \E WY Jones, Receiver of the 9 Commercial National Bank of Statesville, N. C. vs } JUDGMENT AO Ferrell t This cause coming on to be heard before me on Monday, January 12th, 1931, upon the verified complaint of the plaintiff and it appearing to the Vourt that the summons herein and copy of the said complaint was duly served On the defendant on December llth, 1950; And it appearing that this action is instituted for the recovery of four notes of the defendant, executed by the defendant the Stearns Brothers Inc., and transferred by that Company to the Commercial National Bank of Statesville, North Carolina, each of said notes being for the sum of $555.55 with interest from June 2nd, 1927; KMAXtk appRMRing kKhakxkhis mekion im inakkknked far KKB eBEBYRKy ne funy REKEX BL CHR BxLBndank, Xexeenked by Khe dafendantkx And it further appearing that the defendant has not filed an answer within the time allowed by law and that the plaintiff is entitled to judgment by default final for the principal sum of said notes with interest, It is, therefore, ordered and adjudged that the plaintiff recover of the defendant the sum of $1153.32 with interest from June end 1927, and all costs of the action to be taxed by the Clerk. John L Milholland, Clerk Superior Court of Iredell County, NC North Carolina, In the Superior Court Iredell County. E W Jones, Receiver of the ' Commercial National Bank of | Statesville, N. C. } vs 4 JUDGMENT ' M D Tilley This cause coming on to be heard before me on Monday, January 12th 1931, upon the verified complaint of the plaintiff and it appearing to the Court that the summons herein and copy of the said complaint was duly served on the defendant on December 8th, 1950; And it appearing that this action is instituted for the recovery upon two notes of the defendant, executed by the defendant to Stearns Brothers, Int. and transferred by that Company to the Commercial National Bank of Statesville, North Carolina, one of said notes being for the sum of $666.67 with interest from August 15th 1927, and the other said note being for the sum of $666.66 with interest from August 15th, 1927, payable annually. And it further aprearing that the defendant has not filed an answer within the time allowed by law and that the plaintiff is entitled to judgment by default final for the principal of said notes with interest, subject to & payment of $506.03 on November 23rd, 1929. It is, therefore, ordered and adjudged that the plaintiff recover of ‘ a the defendant the sum of $1333.33 with interest from August 15th 1927, payabl sts annually, subject to a credit of $506.03 on November 25rd, 1929, and all co of the action to be taxed by the Clerk, John L Milholland, Clerk Superior Court of Iredell County, N C- FETE ES ENE NSE UE TEE SEBS Ko L North Carolina, In the Superior Court Tredell County. Wallace Brothers Company 4 vs : JUDGMENT Mt. Gilead Store Company. 4 This cause coming on to be heard before the undersigned Clerk, and it appearing to the Court that the plaintiff in this action desires to take a non-shit, and that the matters and differences that existed between 4 the parties have been settled, It is, therefore, upon motion of Scott % Collier, Attorneys | for the plaintiff, ordered that the plaintiff be, and it is hereby hon- F suited and taxed with the cost of this action. This 17th day of January, 1931. John L Milholland, ie Clerk Superior Court. Nobpth Carolina, In the Superior Court Iredell County. Before the Clerk C I T Corporation 4 ve 0 JUDGMENT Wed i | This cause coming on to be heard, and being heard on this the Roland Lyerly 19th day of January, 1931, before John L Milholland, Clerk of Superior fs Court of Iredell County, and it appearing to the court that this is an ac tion founded on a title note, wherein the title to the automobile describ- ed in the complaint filed in this cause, was retained until the purchase money was fully paid, and that said action was begun by a claim and deliv- ery proseeding, and that the property described in the complains filed in this cause was seized by the Sheriff of Iredell County under said writ, of Claim and delivery, and that the same was delivered back to the defendant by said Sheriff, said defendant having executed a replevin bond in the sum of $900.00, with Mrs J A Conner as surety, and that the service of summons in this cause is made by the Sheriff on the defendant on 3rd day of Decem- ber, 1930, and that the plaintiff filed a duky verified complaint in said action on the 15th day of December, 1950, as per the order of this court, and that the actual value of the property at the time of the seizure by tk Sheriff was 450.00, and that the defendant has failed to file an answer or demurrer within the time allowed by lew, and that the defendant is justly indebted to the plaintiff in the sum of $406.44, together with interest thereon from the 29th day of November, 1930, until paid: i i | 4 | ] | ih i, | i It is therefore ord red and adjudged by the Court that the Plaintiff, C I T Corporation, recover of the defendant Roland Lyerly, and his surety, Mrs J A Conner, the sum of $406.44, together with interest thereon from the 29th day of November, 19350, until paid at the rate of six per cent per annun, to. gether with the costs of this acfion to be taxed by the Clerk of this court, and it is further ordered and adjudged by the Court that the said defendant deliver said personal property tonthe plaintiff, and that execution issue from this court to the Sheriff of the county where the said property above mentions ed is situated, commanding him to seize said property and deliver it to said plaintiff, who is authorized and directed to sell the same under the terms ma conditions of its title note, and pay the purchase price of same on the above judgment and costs of this action, the surplus or balance due on said judgment and costs to be paid by said defendant, and his surety, above named, This January 19th, 19351. John L Milholland, Clerk Superior Court North Carolina, In the Superior Court Iredell County. Before the Clerk LaFrance Industries, Incorporated } va 4 JUDGMENT Lanier Furniture Company. t This cause coming on to be heard before the undersigned Clerk of the Superior Court, and it appearing to the Court that the defendant, Lanier Furniture Company, is indebted to the plaintiff in the sum of $3864.40, with interest from the 2lst day of January, 1931; that the defendant does not deny the amount due and joins in and consents to the taking of judgment against it; It @s, therefore, considered and adjudged that the pl eintiff recover of the defendant the amount of $3864.40, with interest from the 21st day of January, 1931, until paid, for the costs of this action to be taxed by this Court. John L Milholland, Clerk Superior Court The defendant in the foregoing judgment ms acknowledges the amount to be correct and due and consents to the taking of judgment against it. LANIER FURNITURE COMPANY By J B Rodgers Secretary & Treasurer L L Lanier President. ee ee — ee ee ee oe IN THE SUPERIOR COURT JANUARY TERM 1931 EXECUTIVE DEPARTMENT BTATE OF NORTH CAROLINA. r WHEREAS, The Hon. J M Oglesby, assigned by law to hold the Superior Courts of the 20th Judicial District for the Spring Term, 1931, and the — Walter E Moore, assigned by law to hold the Superior Courts of the 15th Jua icial District for said Spring Term, 1931, have agreed to exchange the £uxk Courts of the particular counties hereinafter named in their said respective districts for said Spring Term, 1931: Now, ®Wherefore, I, 0. Max Gardner, Governor of the State of North Carolina, by virtue of authority vested in me by law, do hereby consent to said exchange, and do hereby authorize the said Hon. J M Oglesby to hola all the said regular Courts of the counties beginning January 5th, and up to and including week of iiarch 23rd- in the 15th Judicial District, in lieu of the said Hon, Walter & Moore for said Spring Term, 1931; and the said Hon. Walter E Moore is hereby authorized to hold all the said regular Courts of the counties beginning January 5th, and up to and including week of March 23rd- in the 20th District, in lieu of said Hon. J W Oglesby for said Spring Term, 1931. | + i} | } | i i U / In Witness Whereof, I have hereunto set my hand and caused the Great Seal of the State to be affixed, this the 0th day of December, in the vear of our Lord one thousand nine (STATE) ( SEAL) hundred and 30, and in the one hundred and 55th vear of our American Independence. O Max Gardner By the Governor: Tyree C Taylor Private Secretary. IN THE SUPERIOR COURT JANUARY TERM 1931. Monday Hanuary 26th, 1931/ North Carolina, In the Superior Court, Iredell County. January Term 1931, Be it remembered that a Superior Court begun and held in and for th the State and County aforesaid, on the 5th Monday before the lst Monday in Mar. ch, 1931, the same being the 26th day of January, 1951, A D. when and where Hig Honor, John Wi Oglesby, Judge Presiding and Holding Courts for the Fifteenth Judicial District Spring Term, 1931, is present and presicing, and the Hon, Zeb V Long, Solicitor, is present and prosecuting in the name of the State, Godfrey C Kimball, High Sheriff of Iredell County, is present and re- turned into open Court the names of the following good and lawful men to serve as jurors for the first week of this term of the Superior Court, to-wit: The following were drawn and sworn as Grand-Jurors for the term: TD Chas Blackwelder, J S Padgett, &Q F Bell, EJ Stack, J O Gaither, ER Rimmer, Rankin, B Crawford, C V Collins, Jas L Milholland, T P Loftin, R L Poston, J M Wooten, C B Ward, WM Westmoreland, J D Cochran Sr., G B Spann « F & Summers, E R Rankin, was appointed and sworn as foreman of the Grand-Jury,. S D Chipley, was appointed and sworn as officer of the Grand-Jury. / F Lazenby was returned as being dead. R O Miller, C T Kvans and DH Lazenby were excused by the Court. The following were drawn and sworn as petty jurors for the week; J C Holmes, A W Johnson, J & Deitz, Jas R Hill, WS Sherrill, J M Templeton, S D Joyner, J G McLean, C A Elam, H Ross Bunch, W L Gilbert, R L Morrison, and W C Goodman. No. 2 § NON«SUPPORT State q Defendant called and failed. Judgment Nisi Sci Fa ‘v8 } and Instenter Capias ) Gus Borders No. 6 § TO APPEAR AND PAY COSTS. aiid _ State 6 Befendant called and failed. Judgment Nisi Sci Fe vs ) Instanter Capias. Thomas Hardie Q No. 6 § TO APPEAR AND SHOW GOOD BEHAVIOR. +4{nued State 4 Defendant appeared and ahowed good behavior. Cont vs } under former order. Vernon Rash § No. 8 § TO APPEAR AND PAY COSTS. and . State ) Defendant called and failed. Judgment Nisi Sei Fa ~~ 2 ) Instanter Capias. John Scott (Col) 4f ~ @¥o 9 } ASSAULT ON FEMALE \ State ) Nol Prosed with leave : ’ vs E B Coxe No. 10 State vs George Hilton. No. ll- Staté \ vs George Hilton. No. 15 \ State \ vs EM Davis No. 16 ,. State i 8 “EM Davis No. 17 \State “vs Jim Lazenby :+No,. 18 \ State vs Herman Pierce No. 19 , State \ vs Herman Combs ao. 21 State vs Felix Combs No. 2% State \ vs Charles Herston . No. 25 \ State \ vs Gwyn Gregory \ No, 26 State vs 0O M Moose \ 0. BT State vz Floyd Holbrooks \ No. 28 \ State \ vs “ E L Henderson No. 29 \ State vs Spencer Cook No. 30 State vs R L Bibee IN THE SUPERIOR COURT 493 JANUARY TERM 19351 Monday January 26th, 1931, -_ cm ofc SS <> aoe et eo So oC Ss SS SS ee coos S> oS SO en ooo mS oo oo oc St ee <> pe ee oe TO APPAR AND PAY cCoSTS Defendant called and failed, Judg: hy and Capias, udgnent Nisi Sci Fa TO APPAR AND PAY COSTS, Defendant called and failed, Judgment Nisi Sci Fa and Capias, ASSAULT WITH DKADLY WEAPON Continued for State DRIVE CAR WHILE INTOXICATED Continued for State. HOUSEBREAKING AND LARCENY Alias Capias ; ABANDONMENT AND NON-SUPPORT Alias Capias LARCHNY Nol Prosed with leave BURNING LUMBER 1 Continued by consent ia TRANSPORT AND POSSESS LIQUOR. Nol Prosed with leave SEDUCTION. G@ntinued by consent @LVING WORTHLESS CHCKS Alias Cavias LARCENY Continued by consent ASSAULT “ITH DKADLY WKAPON Defendant called and failed. Judgement Nisi Sci Fa and Capiad, in8tanter process. FORNICATION AND ADULTERY Continued for defenadnt FALKS PRETENSE Continued by consent at IN THE SUPERIOR COURT JANUARY TERM 1951 Monday January 26th, 1951. KFORNICATION AND ADULTERY Continued for bill. No. 35 \ State vs Clarence Christy No. 59 State Defendant called and failed. Judgment Nisi Sci Fe \ vs and Instanter Capias ( ' ) } } TRANSPORT AND POSSESS LIQUOR. ; ) : Walter Owens No. 42 § ASSAULT WITH DEADLY VEAPON, SPEEDING AND RECKLESS DRIVING State 0 Continued by consent vs { Jessie Howard (q No 43 ) ASSAULT WITH D¥ADLY WHKAPON, SPKEDING AND RECKLESS DRIVING State q Continued by consent _ vs } D R Barnhardt § No. 55 ) MURDER State j Nol Prosed with leave vs 0 Mamie Sharpe 4 No. 3 § MURDER State 4 In this case two of the State's witnesses, Lillian Hooser vs { and Edna Hines were and called and failed to answer, It is George hiorrison ) ordered by the Court that instanter process issue for these } witnessesx 4 No. 59 } ASSAULT WITH INTEST TO KILL \ State $ The d°fendant comes into open Court and through his ~ ) counsel Hon Z V Turlington and tenders a plea of guilty to Charles Thomas § assault with deadly weapon, which plea the Solicitor for § State accepts. No. 62 0 CARKY CONCKALLED WEAPON State ) The defendant comes into open Court and through his x ? vs ) counsel Lewis & Lewis and pleads guilty to carrying @ con- Paul Williams } cealed weapon, to-wit a pair of knucks, as charged in the } warrant. ‘No. 40- State vs Rob Kopkins-- A True Bill No. 50 * 504= Joe Hedrick et al-- A True Bill No 22 'RANSPORT AND POSSESS LIQUOR. 4 State The defendant comes into open Court and through his \ vs counsel Hugh G Mitchell pleads not guilty. per The following jury was sworn and empannelled, t J C Holmes, A W Johnson, Jas R Hill, WS Sherrill, JM Templeton, S D Joyner, J G McLean, C A Elam, H Koss Bun L Gilbert, R L Morrison and W C Goodman. t the After hearing the evidence and charge of the cour jury is released fntil Tuesday Morning. C S Ballard ee usry This Honorable Court takes a recess until Tuesday Morning Jan 27th, 1951 at 19:50 O'clock A. M. Judge Pre¢iding and Hott this 15th\tudicial District, N. This Honorable Court convene IN THE SUPERIOR COURT JANUARY TERM 1931 ‘ Tuesday January 27th, 1932 8 according to adjournment Tuesday Morning January 27th 1951, at 9:30 A. M. for the dispatch of waskieien | Noe 22 ° State vs CS Ballard No. 50 State vs Joe Hedrick Howard Overcash > etal/ No. 50 State é vs \. Joe Hedrick \\ Jesse Minnish Edward Mills Howard Overcash Philip Hayes No. 50A &tate vs Joe Hedrick TRANSPORT AND POSSESS LIQUOR, The jury as formerly xnhamed returned a verdict of ) 0 not guilty as charged in the Rill of Indictment ad HOUSEBRHAKING AND LARCENY In this case the following witnesses who were sum- monsed for the state, AP Hartness, D Mott > A Pool y A } 4 f ‘ ‘ * 7 . i - ; ? H L Newbold and W C Current were called and failed to answer, It is ordered by the Court that each of above named witnesses be fined the sum of $25.00. HOUSERBRHAKING AND LARCHNY The defendants, Joe Hedrick, Jesse Minnish, Bdward Mills, & Howard Overcash come into open Court that thru their respective counsel |.onroe Adams, J Vankoy and )Hugh G Witchell pleads guilty to housebreaking and larcen¥ as charged in the Bill of Indictment. Tre defendant Philip Hayes called and failed. Judg- ment Nisi Sci Fa and Capias. LARCHKNY The defendant Gomes into oven Court and through his counsel ilonroe Adams vleads cuilty to larceny as charge ed in the Bill of Indictment. #352- Jess Minnish et al-- A True Bill #535= Blake Stewart -- A True Bill #58- Jim Salmon -=- A True Bill 48- Paul Spencer et al-- A True Bill #62= Paul Williams No, 32 State vs Joe Hedrick . Jeese Minnish Edvard Mills 4 ) j ) ) ‘ “No. 44- 0 E Pierce -- A True Bill BOUSEBREAKING The defendant come into open Court and through their respective counsel lionroe A@ams, J Vantoy and Hugh G Mitchell plead guilty to Housebreaking as charged in x the Bill of Indictment. -- A True Bill \ 45=- Brady Lawrance -- A True Bill \ 61- Roy Duff -- A True Bill No 40- , State ate i Rob Hopkins \ kes 58 State vs Jim Salmon No. 33 State vs Blake Stewart § 0 4 § 4 4 ! 4 aIonwm m ASSAULT WITH INTE&NT TO KILL The defendant comes into open Court and through his counsel pleads guilty to Assault with deadly weapon )which plea is accepted by the State. TRANSPORT AND POSSESS LIQUOR. . The defendant comes into open Court and through his counsel Lewis & Lewis pleads guilty to transporting and possessing liquor which plea the State accepts. ASSAULT WITH DEADLY WEAPON. Continued by consent. IN THE SUPERIOR COURT JANUARY TERM 1931 Tuesday January 27th, 1931. IN THE SUPERIOR COURT JANUARY TERM 1931 Tuesday January 27th, 1931 \ Ho, 62 : ae defendant comes int pen C t d te f ie i eae awreeroatee State ? snc an , o open Court and thro State e defendant comes \ vs } counsel Z V Turlington pleads guilty to bigamy ce ‘i vs } guilty. Jury #2 as follows: Deitz “Garis co Roy Duff } ed in the Bill of Indictment, ? Dewey Meadows { HS Dingler, Geo. M Foard, RL Bradford. ¢ F aa | { James Cash, N D Tomlin, Jno C McNeely, T J Murdock, i IST ) HC Elam and C E Hawthorne, were sworn and empannelled i No. 64 } ANSLAUGHTER i ke Woke She ettines tah Blak A “ State \ Continued for State/ } After hearing all the evidence the ait Scpen's it lads 0 ‘ Q recess until Wednesday morning, ee j Flake |} unday } \ No. 45 § LAKC#NY AND RECHKIVING N#49=- Sam Stinson -- A True Bill i State } The defendant comes into open Court and pleads guilty \437- Frank Long -- A True Bill vs ) tothe larceny and the receiving of goods under the value \#47- John Karczewski -- A True Bill Kracy Lawrance t of $20 which plea the Solicitor accepts. \Yer- Claud Patterson -- A True Bill No. 46- John Minnish -- A True Bqll 57- John Hobis. -- A True Bill No 57 § HOUSKBRKAKING AND LARCENY State 4 Nol Prosed with leave vs ) John Hobbs. i No. 356 § ATTEMPT KAPE. State } Nol Prosed with leave vs 0 John ‘Jilson 0 No. 44 § ASSAULT WITH DEADLY WEAPON State 0 The defendant comes into open Court and through his coun- vs sel D L Raymer pleads not guilty. Jury # 2 sworn and empan- O * Pierce ) nelled. After evidence had been offéred the defendant thru } his counsel enters a plea of Nolo Contendere, (§ Praver for judgment continued for Two Years on condi- ) tion the defendant pay the costs and the further condition § that the defendant does not obstruct or aid in the obstruc- ) tion of the road of Kobert Pierce's to the highway known (6 as the kirkman road, This Honorable Court takes a-recess until Wednesday Morning No. 46 § STOREBRHAKING AND LARCENY January 28th, 1951 at 9:50 A. Ii. i State 4 The defendant comes into open Court and through his coun- ” 3 vs ) sel J i VanKoy pleads guilty to storebreaking and larceny 5 John Minnish ) as charged in the warrant. ees att. on om ( \ ~ No. 63 ASSAULT WITH DKADLY WEAPON a State The defendant comes into open Court and through his coun- : : vs sel Z V Turlington pleads not guilty. 7 Mose Mills The following jury J KE Deitz, Charlie Mills, # S Dingler, lin, J C MeNeely, T J Murdock, H C Blam and C E Hawtharm@ was sworn and empannelled and returned a VERDICT OF NOT ) ) { Geo i Foard, RL Bradford, C *% Jones, James Cash, N D Tome ' t dictment. ) GUILTY, to the counts as charged in the bill of indict@ No. 58= Bill Grant -- A True Bill \.54- Roy Ireland -- A True Bill ~53- Tom li Hutchins -- A True Bill \60=- Dewey Meadows *-- Atrue Bill No. 58 AT’ L Pale cL TO STEAL AUTOMOBILE. t guilty. " \ State The defendant comes into open Court and pleads Ti bere : * vs The following jury W S Sherrill, J C Holmes, " LG f : ee * Bill Grant J G McLean, Jas R Hill, S D Joyner, C A Blam, H Ross pe : R L Morrison, A W Johnsom, J M Templeton, W C Goodman wer d@worn and empannelled and returned a verdict of NO : to the counts charged in the bill of indictment. Neo OOS mY Sal IN THE SUPERIOR COURT.” JANUARY TERM 19351, Wednesday January 28th, 1931 This Honorable Court convenes according to adjaurnment Wednesday Morhing January 28th 1931, at 9:50 A. M. for the Gispatch of business, No. 60 } DRIVE CAR WHILE INTOXICATED, State i Jury stated on former page returned a verdict of guilt vs ) as charged in the Bill of Indictment, y Dewey Meadows 0 No. 54 § ASSAULT WITH DEADLY ‘VYKAPON State } The defendant comes into open Court and through His coy vs ) sel J W VanHoy pleads not guilty. The following jury, ¥ pa Roy Ireland ) Sherrill, J C Holmes, J G McLean, Jas R Hill, §$ D Joyner ) H Ross Bunch, RL Morrison, A W Johnson, W C Goodman, IR ) Scroggs, Brank Abernathy & T L Tomlin, were sworn and em- ) pannelled and returned a VERDICT OF GUILTY TO SIMPLE AS« § SAULT, not guilty of assault with deadly weapon, 52- Harwell McLelland=- A True Bill 66=< Grover Jordon -- A True Bill 41- Raymon Reavis -- A True Bill 41A- Raymon Reavis -- A True Bill 3A- George Morrison -- A True Bill 65= Van Shoemaker etval-- A True Bill 69=- Yloodrow Parker et al #* A True Bill No-53- } BIGAMY State t The defendant Bomes into open Court and through his couns vs ) sel Lewisx Lewis pfeads not guilty. The following gury, Tom M Hutchens ) J E Deitz, C C Mills, H S Dingler, W L Gilbert, R L Brad- § ford, C E Jones, James Cash, N D Tomlin, Jno C iicNeely, ) 1 J Murdock, H C Elam, « C E Hawthorne, were sworn and em- } pannelled and returned a V#RDICT OF GUILTY, requesting the } mercy of the Court.in passing sentence. No. 41 } ASSAULT WITH DEADLY ‘YEAPON, SPKx«DING AND RECKLESS DRIVING State 4 Continued by consent. vs { Raymon Reavis NO 65A- Jack Moore & Will McLain -- A True Bill No 70- Rufus Suther -- A True Biss No 68- 4 MURDER State 0 Be it remembered that at this Term of the Superior Court \ vs ) of Ipedell County beginning January 26, 1931, and sitting Claud Strickland (Col)§ f6r the dispatch of business, this the 28th day of Banusry 1931, the Grand Jury of said Court in a body, 17 present, Jas L Milholland having been excused, returned into open Court the following Bill of Indictment in words an as follows; INDICTMENT -- MURDER State of North Carolina, Superior Court Iredell County. January Term A D 1951. t The Jurors for the State Upon their Oath Presents = Claud Strickland (Col), late of the County of Iredelly and nine hundred and thirty, with force and ara» assay the County aforesaid, unlawfully, wilfully and feesiperatio? and of his malice aforethought, premeditation & @ + the did kill and murder one Edith Summers (Col) againg® 944. form of the statute in such case made and provided es gainst the peace and dighity of the Staté. ee: Long _ssttor. > se Cae tore Ey (OVER) ad figures nous the 10th day of December, in the year of our Lord on ee in | No 68 (Continued) (} IN THE SUPERIOR COURT JANUARY TERM 1931 Wednesday January 28th 1931, Endorsed on the back by the following words and ficure to-wit: No. 68 State vs Claud Strickland (Col) INDICTHNENT Murder Vitnesses Ben Howard Virginia Bratcher Will Summers Jim Summers Cora Bratcher Will Brewer PS PS PS PS PS Those marked X sworn by the undersigned Foreman and examined before the Grand Jury, and this bill found A True Bill. No 68 ) State ) vs 4 Claud Strickland (Col) } E R Rankin Foreman Grand Jury V¥URDER By order of the Court,!the defendant, Claud 3kriz Strickland, in the custody of G C Kimball the High Sheriff of Iredell County, was brought into open Court being represented by counsel, liessrs, DL Ray- mer and Hugh G Mitchell, was placed apon his ar- raingment. The prisoner, Claud Strickland(Col), being at the bar in the custody of G C Kimball, High Sheriff of Iredell County. The Solicitor for the State, Hon. Zeb V Long, having called upon the defendant to stand and hold up his right hand, and having made known to him that he stood charged by the name of Claud Strickland (Col) in the indictment read to him of MURDER IN THE FIRST DEGREE. Whereupon the Prison- er plead not guilty and for his trial placed him- self upon God and his Country. Upon the arraignnent of the defendant, Claud Strickland(Col), it is ordered that tiae—Gaexi—oF timo Court issue a writ to the Sheriff of Iredell County demanding and directing him to summons @ venire of TwENTY-FIVE (25) good and true men to ap- near at the Court house in Statesville, N C at 9:50 O'clock AM. on Thursday, the 29th dav of Januaby, 1931, special venire in the trial of the case of State vs Claud Strickland (Col). It is further ordered that the Sheriff make due return of this writ and that he give to the counsel representing the State and counsel representing the defendant a copy of the names of the special venire so found. 499 No. 3 State vs ' George Niorrison 29th, 1931, at 9:50 Bs IN THE SUPERIOR COURT JANUARY TERM 19351 Wednesday January 28th, 1931 M URDER The Solicitor announced in opéneCourt that the State would not ask for a verdict of murder in the first degree, but would ask for a verdict of murder in se ond degree or manslaughter. - The defendant in open Court through his counsel V D Turner and Lewis & Lewis pleads not guilty, The following jury, WS Sherrill, J C Holmes, 34 McLean, Geo. M Board, S D Joyner, J i Templeton, A w Johnson, W C Goodman, J EB Scroggs, Frank Abernathy and C A Elam, was sworn and empannelled to hear the evidence and render a verdict. Pending trial of this case the Court takes a re. cess until Thursday lionring. This Honorable Court takes a recess fintil Thursday Morning January Me Thursday This Honorable Court convenes according to adjournment Thursday Morning January 29th 1951, at 9:30 A. M. for the dispatch of business, } |}@ No 3 State vs George Morrison \ No 3A 0 \ State 6 \ vs Q George Morrison 4 \ \ No. 49 \ State vs Sam Stinson Wo. 65A . State Q vs Jack Moore Will McLain et SS OD ee et No. 47 Q State 0 . VWs 0 John Karczewskiz ' : 1 j ( No. 48 State vs Paul Spencer Charlie Alexander Irvi John L Stamey Hugh Martin IN THE SUPERIOR COURT JANUARY TERM 1931, Januery 29th, 1931. MURDER By This case resumed for heari at t PE ‘ee ng he opening of i At the conclusion of the evidence the defendant through his counsel tenderedsaa plea of guilty of manslaughter, which plea the Solicitor for the State Dg accepts. - CARRW CONCEALED WEPON, Nol Prosed withz leav e HOUSEBREAKING AND LARCENY The defendant comes into open Court and pleads guil- ty to housebreaking and larceny as charged in the B&b? of Yndictment. It is ordered and adjudged by the Court that the defendant be imprisoned in the common jail of Iredell County for a period of SIX MONTHS, and assigned to nak work on public roads this county or any other county that the Commissioners may designate for said period, not to wear strives, MANUFACTURE AND POSSESS LIQUOR. The Grand Jury having returned a true bill in this case that a Capias issue th this county or any other county in the State for said defendants. LARCENY OF AUTOMOBILE The defendant comes into open Court and pleads guil ty to larceny of Automobile as charged in the Bill of Indictment . Judgment of the Court that the defendant be confin- ed in the State's Prison at hard labor for a term of not less than ONE nor more than THREE YEARS, and that he wear stripes. STOREBREAKING AND LARCENY The defendant Paul Spencer comes into open Court and through his counsel Mr Murphy enters a plea of guilty of breaking and entering. The defendants Charles Alexander Ervin, John L Stamey and Hugh Mar- tin comex into open Court and through their counse} Mr Murphy, plead guilty of receiving stolen goods knowning them to be stolen, which plea the Solicitor accepts. Judgment: As to Paul Spencer, judgment of the Court that he be confined in the State's Prison for not less than two not more than five years, and that wear stripes. 7 As to Charlie Alexander Irvin, John L Stamey, and Hugh Martin, judgment of the Court that they be confined in the State's Prison at hard labor for not ! less then one nor more than Three years, and that ripes. — rp dys defendant, Charlie Alexander Irvin, it is suggested by the court that he be examined by a physician, with particular attention given to - eyes, and that he be assigned to do such work as > 8 physicial condition will permit, in the opinion o the Superintendent and Prison Physician. oe OO H = ate, ee ee ee Bese een an oe IN THE SUPERIOR COURT JANURBRY TERM 19351, Thursday January 29th, 19351. 02 No. 37 § TRANSPORT AND POSSESS LIQUOR. State 0 The defendant comes into open Court and pleads not '-¥8 { guilty as charged in the Bill of Indictment, frank Long j Jury sworn and empannalled,. After the State had introduced all of its avidence ; the Court instructed a vetdict of NOT GUILTY. No. 68 § MURDER State ) In obedience to an order of the Court, t@<€ Kimball vs | High Shertff of Iredell County returned into open 4 Court thetnames of the following men as a special venire in this case, toewit: John V Barger, Burette Talbert, Alex Gabriel, Frank Overcash, J B Earle, HL Kincaid, Grier Hunter, A A Cartner, Glen Wiley, J £ Sloop, Fred Sills, J E Brown, John L Byran, H C Alexander Tom Gaither, W T Somers, J R Guffy, M R Niblock, T ¢ Yates, J T Smith, L N Brown, Dallas Lawson, F C Nesbit Homer Collins, and T F Lippard,. Claud Strickland MURDER From the regular pannell and from the special venire the following menses were drawn, sworn and empannelled, to-wit: W C Goodman, C A Elam, R L Morrison, J E Deitz, 4 W Johnson, Jas R Hill, T C Yates, J G McLain, John V Barger, T R Guffy, M R Niblock and F C Nesbit, At the conclusion of all the evidence, defendant through his counsel Hugh G Mitchell and D L Raymer, tenders a plea of guilty of murder in the second degree, which plea the Solicitor for the State accepts. No. 68 State vs Claud Strickland North Carolina, In the Superior Court Iredell County. january Term 1951. Judge Jno. M Oglesby, Presiding We, the Grand Jury for the January Term of Iredell Superior Court, beg to make the following report: We have passed on all bills referred to us these to you, the presiding Judge. Infactions of the tention have been investigated. The different offices in the Court House have been visited, records inspected and found to be well kept. The physical condition of the building is apparently in satisfactory shape. However, all trash and debris should be removed from under the office floors for sanitary and fire prevention purposes. The vaults in both the Register of Deeds and Clerk of Court offices are rapid- ly becoming congested for lack of space. We would suggest that the Commi ssion- ers of County at the@r earliest convenience investigate and consider the feas- ibility of building fireproof vaulte of ample size immediately under these of- fices. The Guardian Bond Book was inspected with the requested assistance of the Clerk of Court. fhe administration of these duties are apparently we perly handled and safeguarded, We wish to make the following recommendations, however: That all personal bonds given by guardians shall be renewed each IN THE SUPERIOR COURT JANUARY TERM 1931, Teursday January 29th, 1931, 903 three years, in order that the varying financial condition of each bondsman may be more accurately and closely followed by the Clerk of Court. The personal bonds required of the county officers were ascertain- of ed from the minutes of meetings of the County Commissioners and these bonds | were inspected insuring the coverage required of each officer. Depository aq bonds and secubities were investigated and found sufficient to cover the pre=- t sent bank balances of the county. In the jail there was found to be twenty white male, two white femad eleven colored male and two colored female inmates, These reported being well fed and cared for. The building was clean and apparently in good repair, with the exception of a small break in the concrete floor, which should be repaire ed. There seems to be need of at least one cell equipped with bars of unusual hardness and strengbh to resist the ordinary hack-sw and the ability of the more desperate criminals to escape. All bars should be closely inspected and repaired where found cut or mutilated, The county chain gang was visited and quarters found to be in ex- cellent shape and prisoners weal cared for, thers being thirteen white and twenty-two colored men now in custody. It is suggested that the county mana- ger ascertain the cost of the maintenance of the individual convicts in or- der that the County Commissioners may better determine whether it is profit- able to use convicts from other counties, We found fifty-seven inmates at the County Home, twenty white mare female, sixteen white male, eleven coloped female and ten colored males Of this nunber fifteen are under the Doctor's care, These report and - ly are well cared for. The following stock and supplies were found to be on hand: Twenty-five hogs, butchered or ready to be killed, twenty-one head of cattle, four brood sows, six mules, eighty-eight chickens, fourteen hundred ie pounds of flour and one hundred and fifty bushels of corn, all the above | livestock is #n good physicial condition. It is suggested the small buildéng adjacent to the barn should be torn down and lumber used to build a tool shed There is urgent need of a smoke-house for suring and care of fresh meat, All buildings are in good shape with the exception of the plastering on the eeil- ing of two living rooms, which is dangerous and should be repaired. After much consideration, we wisk to make the following recommenda tion: That the Iredell representatives at Raleigh be requested to pass before necessary to & the General Assembly now in session such legislation as may be make the Grand Jury service in this county of six months duration instead of the present method of summoning a Grand Jury for each term of court. We wish to convey to your Honor and the personnel of this Court our 8ppreciation for the courtesies and co-operation shown our body in the dis- Charge of its duties. E R Bankin Foreman of Grand-Jury- IN THE SUPERIOR COURT JANUARY TERM 1931, Friday January 30th, 1931, IN THE SUPERIOR COURT! JANUARY TERM 1951 Thursday January 29th, 19351. . _— | MANUFACTURING AND POSSESSING LIQUOR. | et } Continued until May Term 1931, This Honorable Court convenes according to adjournment Friday Morning , ven Mhoomaker January 50th, 1951 at 9:50 A. M. for the dispatch of business, Ben Brewer § \ \ Ne 52 : HOUSEBREAKING AND LARCENY | State The defendant comes into open Cc } ourt and pleads guilt | vs } to housebreaking and larceny as charged 4 . Harwell MeLelland § Indictment. - —— Bi . | No 52 fi: North Carolina, In the Superior Court i Iredell County. Januaty Term 1931 Mt Tis Honorable Court takes a recess until Friday Morning State : vs 4 ORDER COMMITTING DFFENDANT TO H Harwell McLelland. $6 January 30th, 1931 at 9:30 A. M. MORRISON TRABNING SCHOOL This cause coming on to be heard, and being heard before the Judge Presiding, and having been heard, the Court having made an investigation of the facts in connection with said case, and it appearing to the Court, and the Court having found the following facts: 1. That the defendant, Harwell McLelland, has been duly convicted of the charge of housebreaking and larceny. i 2. That the said Harwell McLelland is under the age of 16 years, being ay 15 years of age. 3. That the parents of said Harwell McLelland are unable to properly contpol him, for the following reasons: That his mother is in Michigan; other members of his family are in Ohio; the whereabouts of his father is not known; that he is not under the contwol and subject to the disipline of any one. 4. That it is for the best interest of the community in which he has been convicted that he should be sentenced to the Morrison Training School. WHEREFORE, It is ordered and adjudged by the Court that the said Harwell McLelland be committed to the Morrison Traning and Industrial School for such length of time as the Trustees and other governing agencies of the said institution may think it proper to keep him, for the best interest of said party. This the 20th day of January, 1951. | Judgel\ Presiding. 4 QS en —— TE ee ee Se eS Jno M Oglesby he Judge Presiding un No 69 § BURNING BARN. State } The defendants come into open Court and pleads guilty vs } to barn burning as charged in the bill of indictment, Woodrow Parker § Judgment of the Court as th the defendant Albert Albert Lipscomb ) Lipscomb, that he be confined in the State's Prison Creola Stimpson $0 at hard labor for not less than SEVEN nor more than ) TEN YEARS, and that he wear strives. 6 As to Creola Stimpson, Judgment of the Court that 4% she be confined in the State's Prison at hard labor ) for not less than FIVE nor more than SEVEN YEARS, No, 69 North Carolina, In the Superior Court Tredell County. January Term 1951. State ) ™ ) ORDER COMMITTING DEFENDANT TO Woodrow Parker 6 MORRISON TRAINING SCHOOL he Judge This cause comi on to be heard and being heard before t Presiding, and having been heard, the Court having made an ag ge ogy = x the facts in connection with said cause, and it appearing to the Court, @ the Court having found the following facts: l. Tat the said Woodrow Parker has been duly convicted of the charge of burning barn. 2. That the said Woodrow Parker is under the age of 16 years, being 13 years of 5. That the parents of said Woodrow Parker are unable to properly con- $ is mother trol him for the following reasons: That his father is dead; that h : in now in jail, iad that Bis brothers have been in Court for larceny, and IN THE SUPERIOR COURT JANUARY TERM 1931 Fridey January 30th, 1931. IN THE SUPERIOR COURT JANUARY TERM 1931 Friday January 20th, 1931 } another occupant of the house in which he lives is convicted of burning a barn \ No. 60 } DRIVE CAR WHILE INTOXICATED i ; and other offenses. State ; Jydgment of the Court is that the defendant be impri- r i 4, That notice of pendency of this case has been received by the mother babe ) soned in the common jail of Iredell County for a period | } of said Woodrow Parker. Dewey Meadows 4 oo MONTHS, and assigned to work on public roads of 5, That it is for the best interest of the community in which he has been 9 said county for said period, not to wear stripes. i} convicted, that he should be sentenced to the Morrison Training School, "I WHEREFORE, It is ordered and adjudged by the Court that the said woody " Parker be committed to the Morrison Training and Industrial School, for suds \ No. 54 § EMBEZSLEMENT i lenghh of time as the trustees ob other governing agencies of the said insti- \ state § Nol Prosed with leave yt tution may think it proper to keep him, for the best interest of said party, vs ) ii This the 30th day of January, 1931. Moses Kaplon 0 i - Jno M Oglesby \ No, 50 HOUSEBREAKING AND LARCENY Judge Presiding State As to Joe Hedrick, Judgment of the Court that he be ] vs § confined in the common jail of Iredell County for a per- No. 71 § FORGERY Joe Hedrick § 1od of eight months, to be assigned to work on the pub- State 6 The defendant comes into open Court and through his Jesse Minnish } lic roads of Iredell County for said period. vs counsel J G Le ; 411 and pleads guilty to an Edward Mills 4 As’ to Zesse Minnish, Judgment of the Court that he Vergil Rufty attempt to com to-wit, forgery. _ Howard Overcash § be confined in the commnn fail of Iredell County for a t Judgment of that the defendant be confined period of EIGHT MONTHS, to be assigned to work on the 1 § in common jail of Ir County for a period of SIX MON- public roads of said county for said perfod. } THS and assigned by the Commissioners to be worked oh pub- } At to Edward Mills and Howard Overcash, prayer for § lic roads of said County of any other county the commiston- judgment continued for two years upon condition that the ) ers may designate for said period, not to wear stripes, defendants apply themselves to some gainful and honor- able occupation; upon the further condition that they re ‘J ; port regularly the first Monday on each month to Mayor | No. 24 ) SEDUCTION Roach of the city of Statesville, who is asked to act as i, State { The defendant comes into open Court and through his coun- . et - the Court to see that this condition is com- i vs { sel Raymer & Raymer pleads not guilty. Jury sworn and em- yeae Youn i Earl Clontz } pannelled as follows, to-wit: W S Sherrill, J C Holmes, Bin) 1 J G McLain, Geo M Foard, Chester Smith, A W Johnson, WC \ te. SOsk | LARCENY ill! i Q 2k : weg Feenk sherustay, © 4 Ries, 5 \ State q Judgment of Court that prayer for judgment be continu- i | os vs 0 ed for two years upon condition the defendant remain a Hi E. . Joe Hedrick § law-abiding citizen and apply himself regularly to some a ! | No 20 { GIVING WORTHLESS CKECKS } gainful occupation. bi ql State $ It #s orderes by the Court that prayer for judgment be ht | vs { continued for two years upon condition the defendant pay — | BIGAMY if Robert Walla § the cost and remain a law abiding citizen. \ State i Judgment of the Court that the defendant be confined | \ vs } in the common jail of Iredell County ~~ seal of " a Tom M ths. to be assigned to work on the County roads i zo =e } ASSAULT WITH DEADLY WEAPON. ee oe asataeae ee any county institution and do such work | State { It #8 ordered by the Court that prayes for juggpent be as the County Bommissioners may determine, after he is vs continued for two years upon condition the defendant pay examined by the County Physician, that he is capable of i Charlie Thomas { the cost and remain a lew abiding citizen. performing. ; NO 62. CARRYING A CONCEALED WEAPON - No. 68 ) MURDER | State It is ordered and adjudged by the Court that State 4 Judgment of the Court that the defendant be confined vs ant pay a fine of $10.00 and the costs of this @ vs } in the State's Prison at hard labor for not less than Paul Williams Claud Strickland | TWENTY (20) nor more than TWENTY#PIVE (25) YEARS. No 61 BIGAMY te that the defendant be imprison . State - Judgment of the Court is a e6 defen No. 54 SSAULT WITH DEADLY WEAPON , we. ed in the common jail of Iredell County for 4 eerie of State s Judgment of the court that the prayer for judgment be Rob Duff FOUR MONTHS, and assigned to work on public roads 0 j \ ws ; continued upon payment of the cost. said county for said period, and that he wear stripes. Roy Ipelend j No. 45 LARUENY - i Be, i TO APPEAR AND SHOW GOOD BEHAVIOR. “— Judgment @f the Court is that the defendan’ a ee \ State t Defendant appeared and showed good behavior. Continud \ Vs ed in the common jail of Iredell County for 4 ah of ve } under former order. Brady Lawrance TWELVE MONTHS, and assigned to work on public roa . E R Long ) said county for said period, not tocwear stripes. hal DOCKET No” 46 STOREBREAKING AND LARCENY confine No } BOND. \ State ( Judgment of the Court is that the defendant be chan \ State Alias Sci Fa. = ed in the State's Prison &t hard labor for not less vs John Minnish ONE nor more than THREE YEARS. : 8 M Moose No 31 LARCENY No, 2 BOND. State Nol Prosed with leave ei ° y \ State Continued vs ; vs / John Minnish 4 RL Bibéersc ; No. 38 TRANSPORT AND POSSESS LIQUOR State Defendant called and failed. Judgment Nisi Sei Fe and Instanter Capias Maa gg Te AOE! ACO EPS a ey oo a> oc oS So eo om vs \ Jim Salmon IN THE SUPERIOR COURT JANUARY TERM 1931 ! IN THE SUPERIOR COUR Friday January 30th, 1931. , N09 JANUARY TERM 1931 Monday February 2nd, 1931. No. 24 { SEDUCTION \ State d Defendant enters a plea of guilty foreible Trespass: North Carolina In the , \ “oe ) Prayer for judgment is continued for two years ura ; Beeshe wack” 7 ie Hl Earl Clontz ) condition that the defendant remain a law-abiding cit. Iredell County. January Term 1931 | , i izen; upon condition that he apply himself regularly to ; some gainful eccupation; upon the further condition that he pay to the Welfare officer of Iredell Co This Honorable Court meet on or "10-0 the first day of each calendar month San ee sum of $10.00 for the use and benefit of Mrs Ola La O'clock A. M. Monday Morning Februa 2nd same to be applied to the support of the child of thee? se : res | defendant, and that the defendant pay the cost, Jno. M Judge Presiding and Holdi iq ae Geen SGU os a tack The tx cate Ge Lita ’ & .ing Courts of the 15th Judicial Dis- ut is a fit and proper person to have the custody of sai trict of Carolina, is present and i child, and the same is awarded to her sartede, and rel ; J Se SPST a et cee ne ee Le defendant is not to see said child or associate with January Term, 1951. same unless with the consent of the said Mrs Lackey, Thé judgment is retained for further crders of the Court. The defendant to give bond in the sum of #200 to appear at each criminal term of Court for two years and show that the terms of this judgment are complied with, Jnos M Ogleaby Judge Presiding. G C Kimball, High Sheriff of Iredell County, North Carolina, re- turned into open Court the names of the following good and lawful men to serve as jurors of this Court for the second week for civil cases, to-wit: L V Cartner, J F Shinn, WH Clark, RC Bunch, WC Elam, G W Baity, RR Clark, A Y Neel, F A Dunlap, H L Gilbert, E NW Crawford, WC Feimster, W B Guy, J L Ellis, E E Campbell, G T Mclelland, J E Murdock, Jas Crawford, Earl G White, ES Hager, J B Orren, D W Massey and J F Eagle. No. 40 ASSAULT WITH DEADLY WEAPON | \ State Judgment of the Court that the defendant be imprison- \ vs ed in the common jail of Iredell County for 4 period of N Rob Hopkins THREE MONTHS, and assigned by the Commissioners of Ire- dell County to be worked on public roads of said County or any other County said commissioners may designate. This Honorable Court takes a recess from day to day until Mon- \ No. 3 ) MURDER \ State § Judgement of the Court that the Garentnst be 1aee ™ r ad labor for a period of no ess | da Morning februa z 1931, at 10:00 O'clock A. ¥M. vs jj in State's Prison atrhar , : y & — . George Morrison j than ONE nor more than THREE YEARS, to wear stripes. | Specs No. 38 TRANSPORT AND POSSESS LIGUOR. Judgé| Presiding O State | Judgment of the Court that the defendant be imprison- | ' oe { ed in common jail of Iredell County for a period of Jim Salmon ) TWELVE MONTHS, and assigned to work on public roads )} of said County for said period, not to wear stripes. No. 54 PLE’ ASSAULT \ State dacaent of the Court is that the defendant be impri- N vs { soned in common jail of Iredell County for 4 period of P Roy Ireland. § THIRTY DAYS. No 4 § 70 APPEAR AND PAY COSTS. State t Continued until May Term 1931. J ae j Maggie Steele Tt) No. 12,13,& 14 FALSE PRETENSE \ State Continued for State vs t WM Lowthrop t No 51 4 AY ROBBERY _ State ol Prosed with leave y \ . 7 dl Robert Young | 010 IN THE SUPERIOR COURT JANUARY TERM 1931 Monday February 2nd, 1951. State of North Carolina, 4 In the Superior Court County of Iredell & 9 Leonard Karriker, Minor, by next friend, L M Karriker, Plaintiff. vs JUDGMENT Fredrickson Motor Express, Corporation, Defendant. ee ae a A Thisscause coming on to be heard before the undersigned Judge of the Superior Court and it appearing to the Court that the things and matters at issue and in controversy between the parties have been duly settled by an agreement whereby the defendant consented that judgment may be rendered again- st it in the sum of FIFTY (50) BOLLARS, in full settlement of any and all claims of every nature and character which he now has, or may hereafter have, against the defendant by reason of the things and matters alleged in the complaint, And it further appearing to the Court that the plaintiff in this action is a minor and that said action was brought for the purpose of recover- ing damages alleged to have been sustained by the plaintiff on account of per- sonal injupies received as a result of negligence on the part of the defendant the Court has investigated the facts in reference to the nature, character and extent of the injury and also in reference to the manner in which the said injury was received; and upon investigation finds, as a fact, that the settle- ment above mentioned is for the interest of said minor and hereby approves same. NOW, therefore, it is hereby considered, ordered and adjudged that the plaintiff recover of the defendant the sum of FIPTY (50) DOLLARS, together with the costs of this action to be taxed by the Clerk. This the 2nd day of February, 1951. Jno M Oglesby Judge Presiding. North Carolina, In the Superior Court Iredell County. January Term 1951 Woodrow Pope, a minor, by his \. Next Friend, J R Pope. } ; vs ' JUDGMENT Southern Railway Company. 4 This cause coming on to be heard, and being heard, at this term © of Court, before His Honor, John M Oglesby, Judge presiding, and it appeer= ing to thr Court that the plaintiff, Woodrow Pope, is & minor and is duly 2 represented herein by hid next Friend J R Pope, who ha@ been duly and regul- arly appointed by the Clerk of the Superior Court of Iredell County; IN THE SUPERIOR CouRT JANUARY TERM 1931 Monday February 2nd, 1931, And it further appearing that said action is for a personal injury to said infant, Woodrow Pope, which happened to him on or about the 4th day of November, 1950, when one of the defendant's trains collied with an automobile in which he was siding, at a point where the public highway crosses at grade the tracks of the defendant in consequence of which the said Woodrow Pope suf fered certain personal injuries; And it further appearing to the court that the parties hereto have agreed to compromise and settle all matters at issue between them growing out of the injuries to the said Woodrow Pope by the defendant paying to the plain tiff the sum of $125.00, and the costs of this action, and defendant paying to Davis Hospital the hospital and medical expenses, and that. said parties as desire the sanction and approval of the Court in order to make said agreement binding, effective and valid by reason of the fact that the plaintiff's ward, Woodrow Pope, is a minor, and the court having investigated the facts involve ed in said collisbon and personal injuries to the said Wood.:ow Pope for the purpose of ascertaining whether or not there was actionable negligence on the part of the defendant, and also to ascertain the extent of the injuries to the said Woodrow Pope, and having made such investigation, and having examin- ed the witnesses who. had personal knowledge of the matter, all for the pur- pose of enabling the court to determine whether or not it is the best inter- est of said minor, Woodrow Pope, that the plaintiff compromise and settle all Claims, actions or causes of action which the said Woodrow Pope now has, or may hereafter have, against the defendant by reason of said collision and personal injuries to the said Woodrow Pope, for the sum of $125.00, and the costs of this action, and the defendant paying to the Davis Hospital the medical and hospital expenses, and the court being of the opinion, after hav- ing made such investigation, that it is for the best interest of plaintiff's ward, Woodrow Pope, that the matters at issue in this action be compromised and settled, and that the plaintiff as Next Friend of said minor accept and receive from the defendant the sum of $125.00 and the costs of this action, and that the defendant pay to the Davis Hospital the hospitel and medical ex- owver which have been penses, as a settlement in full for all damages heretofore or which may hereafter arise by reason of the injuries received by the said Woodrow Pope, growing out of the collision by the defendant's train with the car in which he was riding, as above set out; : considered, ordered, adjudged and decreed that it Pope, that the matters IT IS, THEREFORE, ig to the best interest of plaintiff's ward, Woodrow at issue in the above entitled matter be compromised and settled, and that IN THE SUPERIOR COURT JANUARY TERM 19351 Monday Sebrpusyy 3rd 19351. the matters at issue in the above entitled matter be compromised and settled, and thatpthe plaintiff, as Next Friend of Woodrow Pope, receive from and be Ba paid by the defendant the sum of $125.00, and the costs of this action, and that the defendant pay to Davis Hospital the hospital and medical expenses, as settlement in full for.all damages whatsoever, either present, past or pros- pective, by reason of the personal injuries to plaintiff's ward, Woodrow Pope, received out of the matters and things alleged in the complaint; If IS, THEREFORE, further considered, ordered, adjudged and decreed that the plaintiff recover of the defendant the sum of $125.00 and the costs of this action, and that the defendant pay to Davis Hospital the hospital and medical expenses, as a settlement in full for all damages past, present and prospective that are due the plaintiff's ward, Woodrow Pope, by reason of the personal injuries he received at the time and on the occasion referred to in the complaint, and that the agreement or compromise and settlement entered in- to between the plaintiff and the defendant be, and the same is hereby, in all things, sanctioned and approved and that, upon payment of this judgment the de- fendant shall be forever discharged from any and all other and further liability to the said Woodrow Pope, by reason of the personal injuries received by him at the time and on the oscasion referred to in the complaint. Jno. M Oglesby Judge Presiding BY CONSENT: Malcolm Cameron Attorney for Plaintiff. Grier, Grier & Joyner Attorneys for defendant. ~ 542- Lola J Beard vs Glenn V Beard -- Continued ‘630=- Rufus Brooks vs Elizabeth Brooks -- Continued .676= EH Windsor vs Mrs Dora Windsor -- Gontinued \693=- Alma White vs P D White -- Continued 648- C H Gant vs J C McLelland & J L McLellend -- Continued by consent | \ 336- R L Shuford vs ™ B Travis -- Continued .516- C C Benton et al vs Stearns Broa, Inc, -- Continued ‘\639- First National Bank vs K D Cox et al. -- This case to be set as the lst casé on Mareh Civil Ga landers , 612= Myrtle D Osborne vse W D Osborne -~ Continued. \549- LB Bristol et al vs C M Bingham -- Continued by consent This Honorable Court takes a reeess until tuesday ¥ ing February 8rd, 1931, at 9:30 A. M. IN THE SUPERIOR COURT - JANUARY TERM 1931 O13 Tuesday Pebrusyy 3rd, 1931. This Honorable Court convenes according to adjaurnment Wednesday Maz Morning February 4th, 1931 at 9:30 A. M. for the dispatch of business, \ No 604 Biter Cc Gibson Plaintiff vs wA Evans, Admr. of Mrs Z V McLean, defendant | The following jury,was*swornpand .empannelledgdasofokiows; té-wit: Psy Cartner, J F Shinn, WH Clark, G W Wallace, W C Elam, G W Baity, F A Dun- lap, W C Feimster, J L Eljis, © E Campbell, H L Gilbert &® J B Orren, and an- swered the issue as follows: What amount, if any, is the plaintiff entitled to recover of the defendant? Answer: $800.00 No 631 Sherrill Motor Co § vs § DL Dingler. $ The following jury sworn and empannelled, to-wit: RC Bunch, RR Clark, A Y Neel, Geo M Foard, E M Crawford, W B Guy, J E Murdock, Jas Crawfon Karl G White, E S Hager,and D W Massey. During progress of trial a compromise was made and reached as will appear by the following judgment. North Carolina, x Iredell County. \) Sherrill Motor Co 6 we 9 JUDGMENT DL Dingler (§ This case coming on to be heard before his Honor, Judge John M. Oglesby, et the January Term 1951 of Iredell Superior Court, and an agreement having been reached between the plaintiff and defendant whereby defendant ad- mits owing plaintiff the sum of Fifty ($50) Dollars. Now, Therefore, it is ordered and adjudged that plaintiff receive Judgment against the defendant in the sum of Fifty Dollars and the costs of the court, This Feb 3rd, 1931. Jno. M Oglesby fudge Presiding. Midst IN THE SUPERIOR COURT JANUARY TERM 1951 — TPadsday Februayy 4p 1931. No. 675 M C Williams & gife Plaintiffs L B Bristol, H C Bristol, and J B Roach, defendants. 4 4 vs a ISSUES ‘ j 1. Wh&t amount, if any, are the plaintiffs entit1sd to recover on note alleged in the complaint? Answer: $26,307.01, with interest from Aug. 1, 1930. 2. Have the plaintiffs listed said note for taxes as provided by law? Answer: No, The following named jury was sworn and empannelled to-wit: R C Bunch, R R Clark, L V Cartner, G T McLelland, G W Wallace, W B Guy, J & Murdock, Jas Crawford, Earl G White, J F Shinn, E S Hager and D W Massey and answered the issues above set out. No. « State § It is ordered that the fines heretofore imposed én vs § the following named witnesses, H L Newbold, C A Poole Joe Hedrick et al 4 WC Current and A F Hartness and W D Mott, be striken } out. No. 659= RM Tucker vs Paola Cotton Mills et al -- Continued. 669- Indianna Veneer & Panel Co vs Morrison Mfg. Co.,-- Continued for deft, \60l- F H Deaton Recv. vs H E McLain -- Continued 660- First National Bank vs RK F Davidson et al-- Continhed 667=- H A Yount vs Mrs J C Duke et al -=- Continued This Honorable Court takes a recess finttl Wednesday Morning February 4th, 1931 at 9:30 A. M. Judge Presidi This Honorable Court tomvenes according to adjournment Morning February 4th, 1951 at 9:50 A. M. for the dispatoH of business e ~ North Carolina, Bredell County. BW Jones, Receiver of the Commercial National Bank of Statesville, N. C. . vs J A Rumple. ~-~EN-THE SUPEREOR - goUR?. the JANUARY TERM 1931 Wednesday February 4th, 1931 -*? # Wednesday In the Superior Court January Term 1931, JUDGMENT This cause coming on to be heard at the January Term, 1931, of the Superior Court of Irede}} County, North Carolina, and it appearing to the Court that.the defendant has withdrawn his answer in open Court and consented to judgment; It is now ordered and adjudged, bg consent, that the plaintiff recover of the defendant the sum of $350.00 with interest from September 29th, 1988, and the further sum of $1227.55 with interest from September lst, 1928, and all costs of the action to be taxed by the Clerk. By consent: E M Land Attorney forplaintiff WA Bristol A‘ttorney for defendant. North Carolina, § Iredell County. 4 Roy C Gibson vs WA Evans, Administrator of Mrs ZV McLain, deceased. This cause coming Honor, John M Oglesby, Judge Presiding, and a jury, at this Court of Iredell County, and the jury having to them by the Court in favor set out in the record: It is therefore ordered and ad tiff recover of the defendant the sum of $800.00, Jno. M Oglesby Judge Presiding In the Superior Court January Term 19351, JUDGMENT on to be heard, and being heard before His term of Superior answered the issues submitted of the plaintiff and against the defendant as judged by the Court that the plah together with interest sha IN THE S OR COURT JANUARY 1931 Wednesday February 4th, 1931, thereon at the rate of six per cent per annum from the 26th day of January, 1931, until paid, and that the costs of this action be taxed against the de- fendant by the Clerk of this Court. Jno. M Oglesby Judge Presiding No 674 Roger G Moore 4 vs § ISSUES G C Rockett ‘ The following jury sworn and empannekled, to-wit: WC Elam, G Ww Baity, F A Dunlap, W C Feimster, J L Ellis, & E Campbell, H L Gilbert, JB Orren, G W Wallace, A Y Neel, Geo M Poard, and E M Crawford, and answered the issues as follows: I. Is the plaintiff the owner and entitled to the possession of the automobile described in the complaint? Answer: Yes 2. What was the value of said automobile at the time it was replev- ied by the defendant? Answer: $300.00 3. Is the defendant indebted to the plaintiff, and if so, in what amount? Answer: $300.00 interest July 14, 19350. North Carolina, § In the Superior Court Iredell County. 4 January Term 1931, ; Roger G Moore , > | DGMENT G C Rockett This cause coming on to be heard, and being heard at this term of Superior Court of Iredell Coun ty before his Honor, JoHmeM Oglesby, Judge Presiding, and a jury, and it appearing to the Court that is a claim and de- livery proceeding, founded on a title note, and that the property described f Catawba liver- in the complaint filed in this cause was seized by the Sheriff o County, under said writ of claim and delivery, and that the same was de ed back to the defendant by said Sheriff, said defendant having executed & replevy bond in the sum of $600.00 with Chas L Sherrill as surety, and the jury having answered the issues submitted to them by the Court in favor of the plaintiff and against the defendant, as set out in the record: er ~ the Gibson Austin Company. JANUARY TERM 1931 Wednesday February 4th, 1931. It is therefore ordered and adjudged by the Court that the plaintiff, Roger @ Moore, recover of the defendant, G C Rockett, and his surety, Chas L Sherrill, the sum of $300.00, together with interest thereon from the 14th day of July, 1950, until paid, at the rate of six per cent per annum, and that the costs of this action be taxed against said defendant and his surety, Chas L Sherrill, and it is further ordered and adjudged by the Court that the said defendant deliver said personal property to the plaintiff, and that exe ecution issue from this Court to the Sheriff of the County where the said property is situated, commanding him to seize said property and deliver it to said plaintiff, who is authorized and directed to sell the same under the terms and conditions of the said title note and as provided by law, and pay the purchase price of the same on this judgment and costs, the surplus, or the balance due on this judgment, to be paid by said defendant and his sure- ty, Chas L Sherrill. Jno. M Oglesby Judge Presiding NO 690 S H Carter 0 vs } ORDER L C Canupp Motor Co 6 This case coming wp to be heard, and it appearing to the Court that proper entries were not made by the Justice of the Peace, on the motion to amend pleadings; It is therefére ordered that the case be remanded to the said Justice of the Peace for proper entries. Jno M Oglesby Judge Presiding North Carolina, In the Superior Court Iredell County. Gibson Austin trading as vs ISSUES er Se W E Gaither The following jury was sworn and empamnelled, to-wit: WC Elam, G W Baity, F A Dunlap, WC Beimster, J L Ellis, & ® Campbell, H L Gilbert, J B Orren, G W Wallace, A Y Neel, Beo M Foard, and E M Crawford, end answer~ ed the issues as follows: l- What amount is the defendant indebted to the plaintiff? Answer: $3542,26 2. Did the defendant wrongfully convert to his goods turned over to him by the plaintiff? own use cons#gned Answer: Yes, IN THE SUPERIOR COURT 5 : IN THE SUPERIOR COURT JANUARY TERM 1931 Wednesday February 4th 19351. No 703- State of North Carolina and Mary McAllister vs § ISSUE Charlie Jolly 0 The following jury sworn and empannelled, to-wit; WC Elam, gy Baity, F A Dunlap, W C Feimster, J L Ellis, E E Campbell, H L Gilbert, J Bp Orren, G W Wallace, Geo M Foard, G L McLelland and WH Clark, and answered the issues as follows: 1. Is the defendant, Charlie Jolley, the father of the twin child. ren, as alleged in the affidavit? Answer: No. \ No 680- Ethel B Cooper vs W L Alexander et al @- Continued. ‘\, 685- H H Yount et al vs WA Bristol et al-- Continued ~ 687- J R Poston et al vs J B Glover trustee et al-- Continued \695- Rutledge & Bigham et al vs Mary A Burton Admrx, et al -- Continued \696- Ethel Wallace vs Ernie Wallace -- Continued. \ 697- E W Jones Recv. et al vs Smiles C Burgess -- Continued. This Honorable Court takes a recess until Thursday Morning February 5th, 1931, at 9:00 O'clock A. M. x { at IN THE SUPERIOR COURT Thursday February 5th, 1931 This Honorable Court convenes according to adjournment Thursday Morn ing February 5th, 1951, at 9:00 O'clock At’M. for the dispatch of business * North Carolina, 9 In the Superior Court Ipedell County; § January Term 1931, \z W Jones, Receiver of the Commercial National Bank of { Statesville, N. C. t vs § JUDGMENT Roger G Moore and S J Holland 4} This cause coming on to be heard at the January Term, 1931, of the Superior Court of Iredell County, North Carolina, and it appearing to th Court that summons and complaint were duly served upon the defendants on the lst day of Nov., 193, and that the defendant S J Holland has not filed an answer to the complaint; and it further appearing that the action is upon a note; and it further appearing that the defendant Roger G Moore Mas consent- ead to judgment as prayed for in the complaint; It is nowordered and adjudged, by consent, that the plaintiff re- cover of the defendants the sum of $848.15 with interest from February 3rd, 1931, and all costs of the action to be taxed by the Clerk. Jno. M. Oglesby By Consent: aati. Judge Presiding E M Land Attorney for Lewis & Lewis Attorneys for defendant Moore North Carolina, § In the Superior Court Iredell County. § January Term 1951, State Ex Rel. Mary McAlister | vs 4 JUDGMENT Charlie Jolley { This cause coming on to be heard and being heard at this Term of the Superior Court of Ipedell County before His Honor, John M Oglesby, Judge Presiding, and a jury, and the jury having answered the issue submittd to them by the Court as follows, to-wit: "Is the defendant, Charlie Jolley, the father of the twin children, &8 alleged in the affidavit? Answer. No.” JANUARY TERM 1931 5 19 21 Jno. M Ogles and J H Troutman Fades Presi ding This cause coming on to be heard, and being heard and it appee ing to the Court that the plaintiff im this action has recovered the amount It is, therefore, ordered amd adjudged by the Court that the Plaine North Carolina In the Superior Court : tiff recover nothing in this action, and that said cause be, and the same is Iredell County. January Term 1931 : hereby dismissed. It is further ordered and adjudged that the plaintiff pay i pL Brown t the costs of this action to be taxed by the Clerk of this Court, K va . JUDGMENT ! e Oscar R Mills, J C Brookshire } | | asked for in this action through another plaintiff in another action brought North Carolina, In the Superior Court Iredell County. January Term 1931. in this court and further that the plaintiff and the defendants have comprom if ised and adjusted all matters i He \ Gibson Austin trading as ¢ J growing out of the counter claim set up in the ‘oa | the Gibson Austin Company. a answer in this action. i e| ee vs 0 JUDGMENT It is therefore considered ordered and adjudged that the plaintiff WE Gaither. : recover nothing in this action and that the defendants recover nothing by Em 1 This cause coming on to be heard before his Honor, John M & reason of their counter claim. It is further ordered that the plaintiff pay ai Nibaiet Oglesby and a Jury, and the jury having answered the issues in this action the cost as taxed by the Clerk of this Court. Hi ian as follows: Jno M Oglesby ‘int Judge Presiding at "). What amount is the defendant indebted to the plaintiff? By Consent: Ki Answer. $342.26 Moss & Winberry li Attorneys for Pyiaintiff i 2. Dis the defendant wrongfully convert to his own use consign- 1 ed goods turned over to him by the plaintiff? J W Snarpe & Buren Jurney Attorneys for defendants ‘ie Answer: Yes", It is thefeore, considered, ordered and adjudged that the plaine Judge Presiding Notth Carolina, In the Superior Court tiff recover of the defendant the sum of $342.26 with interest from date, and Iredell County. January Term 1951. that if execution be returned unsatisfied against the property of the defend- ant then execution shall be issued against the person of the defendant for .? L Brown ) : . us the satisfaction of said judgment. \ 0 JUDGMENT | J C Brookshire and ' : i Jno. M Oglesby J H Troutman 4 ti . ! This cause cofiing on to be heard and beimg heard and it appeare | ; out of this action Hi re ee ing to the Court that all matters and differences grow North Carolina, In the Superior Court have been compromised and the plaintiff, desires to take @ non-stit. | \ Iredel. County. Jonmery Sen Are It is therefore condid-red ordered and adjudged that this action It appearing to the Court that the North Carolina Supreme Court Reports be non-suited and the plaintiff pay the cost es taxed by the Clerk of this for Iredell County are very incomplete; Court. It is therefore ordered ty the Court that the Clerk of the Superior © Jno M Oglesby id Judge Presiding Court of Iredell County secure at once allo missing numbers and any that my ‘i Senbents have to be bought shall be so secured and the Board of County Commissioner® — Moss & Winberry Att ff of Iredell County shall pay for same, and provide a safe and suitable place orneys for plainti J W Sharpe 1 to keep them, and also have copy of Consolidated Statutes rebound. Attorney for defendants. q John M Oglesby Jyaige Presiding x ‘ Ai 4 { } ; 4 | | i \ IN THE SUPERIOR COURT JANUARY TERM 1931 Thursday February 5th 1931. No. 678 M C Williama vs L B Bristol, H C Bristol & J B Roack eee = «a Counsek in open Court agree that the Court may sign Judg- ment in said case out of Term and out of District. North Carolina, In the Superior Court Iredell County. E M Crowell 4 vs 4 ORDER : The Realty Loan & Ins. Co., The Central Bank and Trust { Co, Trustee & The Universal Mtg Co. This cause coming on to be heard on this the 5th day of Beb.1951, before His Honor, Jno M Oglesby, Judge Presiding, and being heard upon effida- vits, after argument of counsel for plaintiff and defendant Realty Loan and Insurance Company and it appearing to the Court that the interest of all par- ties may be best subserved by continuing this hearing pending a desision of the Supreme Court in a case in which some of the defendants herein are inter- ested, involving the question of the right of the Central Bank & Trust Co. to act as trustees It is now, ex mero matu, ordered that the hearing on the temporary restraining order herein be and the same is hereby continued to the 9th day of March, 19351, to be heard before the undersigned Judge at Statesville, N.C. This the Sth day of Feb. 19351. Jno M Oglesby, Judge Presiding ge 702- Guaranty Title & Bond Corp vs T W Davis -- Continued. \. 104+ Greever-Lotspeick Mfg Co. vs Mooresville Ice Cream Go. -- Continued oh, 705= Frank Marlow et al vs J R Marlow et al-- Continued Sa To Hon. John M. Oglesby, Judge Presiding at this the Jany Term of Iredell Superior Court 1931; I, Zeb V Long, Solicitor of this the Figteenth Judicial District, beg Term of the Court examined and inspected the of Hon John L Milhollamd, © 8 C of Iredell Couny s in compliance with i to report that I have at this A, administration of the office that the office appears to be administered in all respect laws governing said office and in @ most highly commendable and satisfactory way. Resvectfully submitted, } Sao W Oglesby, Zeb V Long, “Judge Presiding 526 State of North Carolina, In the Superior Court County of Iredell on Monday, Februery 2, 1951, and it appearing to the Court that the defendant * Standard 011 Company of New t | \ Jersey, a Corporation, 0 CR Blake, was personally served with summons in the above entitled action on vs t JUDGMENT BY DEFAULT FINAL the lst day of January, 1951, and a copy of the plaintiff's duly verified comp te seas tee a) : laint was duly served upon said defendant at the time of service of summons, eat er ais dork, 4 thet more than thirty days has elapsed since the service of said summons and | Corperation. complaint upon defendant and that he has failed to file answer or demurrer; aa | This cause coming on to be heard gpon the summons and duly ver. and that the complaint alleges a cause of action for the recovery of a sum | ified complaint of the plaintiff, filed on the 27th day of December, 1930, and certain in money for goods sold and delivered-- Fi it appearing to the Court that the said summons and a copy of the verified NOW, THEREFORE, on motion of John W Wallace, attorney for the plainés ie compaint were duly served on the first day of January, 1931 upon the defendmts tiff, it is herevy ordered, adjudged, and decreed that the plaintiff recover Atlantic Paving Company, a Corporation, and Stearns Bros. Incorporated, a Corp- of the defendant, C R Blake, the sum of $271.96, with interest thereon at the iL oration, and it further appearing to the Court that the said defendants, Atlan- rate of six per cent per annum from the lst day of January, 1931, and for the Conpany and Stearns Bros. Incorporated, have failed to file answer costs of this action to be taxed by the Clerk. Ipleading on their behalf to the said verified complaint within the This the 2nd day of February, 1951. time allowed by law, to-wit on or before the Slst Gay of January, 1951; and John L Milholland, { Clerk Superior Court, it further appearing to the Court that the said verified complaint of the Paving Company and Stearns Bros Incorporated, consisting of the breach by the \ said defendants of their express contract to pay the plaintiff the sum of North Carolina, In the Superior Court $3,689.56, and interest, upon an account for goods sold and delivered as skhowm Iredell County. by itemized and verified statement thereof attached to and made a part of the The Charlotte Supply Company, } said complaint, and the Court finding, upon the record in this case, that the — 4 1 Ieee Se FT AC Crouch and wife, Emma L 9 Crouch, F G Deaton and wife 4 Adele H Deaton. | plaintiff sets forth a cause of action against the said defendants, Atlantie i liadialialialickahahelalal : | foregoing are the facts, for the purpose of this judgment, it is therefore, : upon motion of Pharr &Currie, Attorneys for the plaintiff, ORDERED, ADJUDGED AND DECREED THAt the plaintiff recover of the This cause coming on to be heard and it appearing to the | tie said defendants, the Atlantic Paving Company, & Corporation, and Stearns Bros. Court that the defendant A C Crouch has paid to the plaintiff the sum of Two nd Incorporated, a Corporation, the sum of THREE THOUSAND SIX HUNDRED EIGHTY Hundred and sixty five Dollars sand thirty three cents in full settlement of NINE & 56/100 ($3,689.56) DOLLARS, and interest thereon from November 1st, the claim of the plaintiff and has paid the cost of the action in the sum of 1928, until paid, and costs of this action. Eleven Dollars and Forty Cents; This 2nd day of February, 1951. It is, therefore, ordered and adjudged, with consent of the plain- lland Jone | peeriee Court tiff, that this action be and is hereby dismissed. This February 5th, 1951. peer eae John L Milholland Clerk Superior Court North Carolina, In the Superior Court By Consent: Iredell County. Before the Clerk EM Land The Wallace Bros. Company. 4 ee attepaat tas thw praiasit. ” ' JUDGMENT BE DEFAULT FINAL. 3 | AS Se seee sek a eee ‘ * t oo C R Blake, defendant. This cause coming on to be heard, and being heard, vetere 4 his Honor, John L Milholland, Clerk of Superior Court of Iredell County, 528 North Carolina, In the Superior Court Iredell County. Before the Clerk The Wallace Bros. Company, Plaintiff vs JUDGMENT BY DEFAULT FINAL G N McBrayer and Mrs G N McBrayer, defendants. This cause coming on to be heard, and being heard, before his Honor, John L Milholland, Clerk of Superior Court of Iredell County, on Mon- day, February 9, 1951, and it appearing to the Court that the defendants, G N McBrayer and Mrs G N McBrayer, were personally served with summons in & the above entitled action on the 10th day of January, 1951, and copies of the plaintiff's duly verfied complaint were @uly served on said defendants at the time of service of said summons, that more than thirty days has elap- ed since the service of summons and complaint upon defendants and that they have faile@ to file answer or demurrer; and that the complaint alleges a cause of action for the recovery of a sum certain in money due upon a pro- missory note=- NOW, THEREFORE, on motion of John W Wallace, attorney for the plaintiff, it is hereby ordered, adjudged, and decreed that the plaintiff recover of the defendants, G N McBrayer and Mrs G N McBrayer, the sum of $335.35, with interest thereon at the rate of six per cent per annum from the 15th day of October, 1930, until paid, and the costs of this action to be taxed by the Clerk. This the 9th day of February, 1951. John L Milholland Clerk Superior Court j i \ \ North Carolina, In the Superior Court Iredell County. January Term 1931 WH Morrison, Individually, ' and WH Morrison as a stock- j holder, on behalf of himself and 4 all other stockholders and cred- j 4tors who may come in and make themselves {4 parties plaintiff in this action, (4 vs j JUDGMENT ‘ WH Morrison, Incorporated. This cause coming on to be heard before his Honor, John M Oglesby, Resident Judge of the Fifteenth Judicial District, and it appearing to the Court, that the Receiver in the above entitled acthon has complied with all the orders of the Court heretofore made and that his final report of receipts and disbursements has been filed and appbrowed by the Court. It is therefore ordered and adjudged, that the Receiver appointed by the Court in this action be discharged and that his bondsmen be released from any further liability. It is further ordered and adjudged by the Court that the defendant Corporation be and it is hereby dissolved. Jno. M Oglesby Resident Judge of the Fifteen Judicial District. North Carolina, In the Superior Court Iredell County, January Term 1951 H L Kincaid, Individually and H L Kincaid, as a stock- holders on behalf of himself and all other stockholders and creditors who may come in and make themselves parties Plaintiff in this action. vs JUDGMENT Kincaid Veneer Company. This cause coming on bo be heard before His Honor, John M Oglesby, Resident Judge of the Fifteenth Judicial District, and it appearing to the Court, that the Receiver in the above entitled action has complied with all the orders of the Court heretofore made and that his final report of receipts and disbursements has been filed and approved by the Court. It is therefore ordered and adjudged that the Receiver appointed by the Court fn this action be discharged and that his bondsmen be released from any further liability. It is further ordered and adjudged by the Court that the defendant corporation be, and it is hereby dissolved. Jno. M Oglesby, . Resident Judge of the Fifteenth Judicial District North Carolina, In the Superior Court Iredell County. Clody E Stevenson, Inc., ! and Cloyd E Stevendon, Assignee of N W Fox. i vs 4 JUDGMENT Joe S Tucker and wife, 4 EmmasTucfer. } Tis cause coming on to be heard before His Honor, John L Milhold land, Clerk of the Superior Court, and it appearing to the Court that the above entitled action, in the form of claim ahd delivery proweedings was issued from this Court directing the high sheriff to seize certain properties enumerated in the proceedings; it further apperrs to the Court, that under the orders of the Court the Sheriff of Iredell County served a copy of all the proceedings on the feme defendant, Emma Tucker, and that he seized from the said Emma Tucker a quantity of corn a quantity of cotton seed, meat of two hogs, 4 cow, one yerl- ing heifer, and one Willys Knight automobile. That within the time allowed by law, the feme defendant, Hmnma Tucker, answefed the complaint of the plaintiff and alleged that she did not join in the chattel mortgage executed by her co-defendant, Joe S Tucker and further alleged that the hog meat, cow and yerling belonged to her, and that her co-defendant Joe S Tucker had no right or power to execute a mortgage on her property. @nma Tucker the feme @efendent, did not and does not now claim any interest or pro- perty in the corn, cotton seed, or Willys Knight automobile. The plaintiff in this action, now comes into Court, and concedes bo the answer of the defendant, Emma Tucker. IT IS, THEREFORE, considered, ordered and adjudged that the hog wom of two hogs, the cow, and yerling heifer are the sole and separate property of the defendant, Emma Tucker and is not subject to seizure under the chattel mort gage executed by Joe S Tucker, It is further ordered that the corn, cotton seed, and Willys Knight onditions of automobile, being the property of Joe S Tucfer is subject to the ¢ pris- sale contained in the chattel mortgage and it is further ordered that WA tol be appointed a Commissioner to sell the said property as in said chattel mortgage provided and by law prescribed. cost It is further ordered by the Court that the Commissioner Pay the to of this action out of the proceeds from the sale of the property and to pay the plaintiff any and al}] sums them remaining. This February 12, 1931. gia : John L Milholland eid RE Consent to: Clerk Superior Courte ay W A Bristol, Attorney for plaintiff, Scott & Collier,Attornets for defendant Emma Tucker Se capable us at 4 dot North Carolina, In the Superior Court Iredell County. Befcre the Clerk, C I T Corporation vs JUDGMENT i $ Realty Loan & Insurance Company 4 a North Carolina Corporation. 4 | This cause coming on to be heard, and being heard, before His Honor, John L Milholland, Clerk of the Superior Court of Iredell County, Xeh North Carolina, and it appearing to the Court that summons was issued in this cause on the 12th day of January, 1931, and that at the time of the is- surance of said summons a duly verified complaint was filed in the office of this Court, and that a copy of the complaint and summons was served on the defendant on the 23rd day of January, 1931, and that no answer, or de- murer, or other pleading has been filed on or before this the 16th dag of February, 1931, and it appearing to the Court that the time for answering, demurring, or otherwise pleading has now expired; and it further appearing to the Court from the aklegations in the complaint that the plaintiff is en- titled to the relief demanded in the somplaint; NOW, THEREFORE, it is considered, ordered and adjudged that the plaintiff recover of the defendant the sum of $288.75, with interest thereon from the day of 1930, until paid, at the rate of 6% per annum, and for the costs of this action to be taxed by the Clerk of this Court. John L Milhe@iland Clerk Superior Court. S636 SESE ee ee Ce ee eee North Carolina, In the Superior Court Iredell County. Before the Clerk. Credit Alliance Corporation q vs q JUDGMENT F E Troutman ) This cause coming on to be heard, and being herad, before His Honor, John L Milholland, Glerk of the Superior Court of Iredell County, and it appearing to the Court that summons was issued in this cause on the 12th day of January, 1931, and at the time of the {issuance of said summons duly verified complaint was filed in the office of this Court, and that a copy of the complaint and summons was served on the defendant on the 15th day of Jan uary, 1931, and that no answer, or demurrer, or other pleading nas been fild : Ree ed on or before this, the 16th day of Febrwary 1951, and it appearing to the Court that the time for answering, demurring, or otherwise pleading has ex. pired; and it further appearing to the Court from the allegations in the con. plaint that the plaintiff is entitled to the relief demamded in the compl NOW; THEREFORE, it is considered, ordered and adjudged that the plein. tiff recover of the defendant the sum of $266.00, with interest thereon from the 20th day of February, 1950, until paid, at the rate of 6% per annum, and for the costs of this action to be taxed by the Clerk of this Court. John L Milholland, Clerk Superior Court, North Carolina, In the Superior Court Iredell County. The Union Natioh&al Bank of 4 Charlotte, North Carolina. 4 vs v) S J Holland, E Morrison, Sr (4 and L B Bristol § EUDGMENT This cause coming on to be heard on Monday, February 23rd, 1931 and it appearing to the Court that complaint and summons was duly served upon the defendants on January 16th, 1931, and that the action is upon @ note for $1500.00 dated July 21st 1950, due ninety days after date, executed by 8s J Holland to the Union National Bank of Charlotte, North Carolina, and duly en- dorsed by E Morrison, Sr and L B Bristol. And it further appearing that L B Bristol has filed an answer but filed any an- ; swer or demurrer within the time allowed by law; 4 tled to judgment that the defendants S J Holland and E Morrison, Sr. have not And it further appearing that the plaintiff is enti by default final as to the defendants S J Holland and E Morrison, Sr ep It is now ordered and adjudged that the plaintiff recover of the defendants S J Holland as principal and E Morrison, Sr. a8 endorser the sul of $1500.00 with interest from October 19th, 1950, at the rate of six per cent per annum until paid and all costs of this action to be taxed by the Clerk. n the ciwil It is further ordered that the cause be retained o fis Bristole issue dicket for the trial of the issue raised by the answer © John L Milholland, Clerk of the Superior Courte. tit ete thee tt ee North Carolina, In the Superior Court Iredell County. Before the Clerk The Broadway Bank of Kansas j City, Missouri. 6 vs 3 JUDGMENT J D Nash and H B Nash i This cause coming on to be heard, and being heard, before His Km Honor, John L Milholland, Clerk of the Superior Court of Iredell County, North Carolina, and it appearing to the Court that summons was issued in k this cause on the 16th day of January, 1931, and that at the time of the issuance of said summons a duly verified complaint was filed in the office of this Court, and that a copy of the complaint and summons was served on the defendants on the 18th day of January, 1931, and that no answer, de- murrer or other pleadingm has been filed on or before this, the 23rd day of February, 1951, and it appearing to the Court that the time for answer- ing, demurring, or otherwise pleading has now expired; and it further ap- pearing to the court form the atlegations in the complaint that the plain- tiff is entitled to the relief demanded in thé complaint; NOW, THEREFORE, it is considered, ordered and adjudged that the plaintiff recover of the defendants, and each of them, the sum of $225.00, with interest thereon from the 26th day of July, 1930, until paid, at the rate of six per cent per annum, and for the costs of this action to be taxed by the Clerk of this Court. John L Milholland, Clerk Superior Court. SEI ak Tete Shh Het ee ett North Carolina, }§ In the Superior Court Iredell County. 4 Before the Clerk Indiana Veneer and Pansl Company 4 va 0 CONSENT JUDGMENT Morrison Manufacturing Company ' This cause coming on to be heard before the undersigned Clerk of the Sgperior Court of Iredell County, the admission of the parties to this action that the plaintiff and defend- ant have adjusted and settled all differences the matters and things set out in the plaintiff complaint: It further appearing to the Court that the defendant has paid to the plaintiff in full the amount agreed upon between the parties, and is not further indebted to the plaintiff: and it appearing to the Court from between them on account of &h j ordered and adjudged that the plein. It is tiff take nothi ant; that this action be dismissed ang that the defendant pay the costs of the action to be taxed in this cause by the Court. This February 28 1951. John L Milholland Clerk Superior Court, We consent: Adams & Dearman Attorneys for plaintéff Scott & Collier & C R Hoey Attorneys for defendant. ) tesecbstie tt tit Siete thas tk tt North Carolina, } In the Superior Court Iredell County. } Before the Clerk H P Grier, Sr and Jack Joyner, } trading and doing business under } the firm name and style of § Grier, Grier & Joyner. $ Plaintiffs § vs § JUDGMENT Roy E Drum, Defendant ( This cause coming on to be heard, and being heard before His Honor, John L Milholland, Clerk of the Superior Court of Iredell County, and it appearing to the court that summons was issued in the above entitled cause on the 13th day of December, 1950, and that at the time of the issuance of said summons a duly verified complaint was filed in the office of the Clerk @& this court, and that a copy of said summons, together with a copy of the comp- laint was served on the defendant on the 24th day of December, 1950; that an alias summons was issued on the 27th day of January, 19351, and that 4 copy of seid alias summons, together with a verified copy of the complaint was served on the defendant on the 30th day of January, 1931, and it further appearing to the Court that no answer, demurrer or other pleading has been filed in this matter on or before this, the 2nd day of March, 19351, and that the time for answering, demurring or otherwise pleading has now expired; and it further &P- pearing from the allegatiaéns in the complaint that the plaintiffs are entiti- ed to the relief demanded in the complaint; NOW, THKREFORE, it is considered, ordered and adjudged that the plaintiff recover of the defendant the sum of $225.00, with interest from Augustlst, 1930 until paid, and the costs of this action to be taxed by the s Clerk. John L Milholland, Clerk Superior Court MMS MG Seabee o00 North Carolina, 4} In the Superior Court Iredell County. 4 Before the Clerk. cliff Stem, trading and doing business as the New Orleans Equipment Company. ve CONSENT JUDGMENT CH Turner Manufacturing Co. and C H Turner om — <a eee This cause coming on to be heard before the undersigned Clerk of the Superior Court of Iredell County, and being heard, and it appearing to the Court from the admission of the parties, that the plaintiff and de- fendant have adjusted and compromised all matters of difference between xm them growing out of the facts set forth in the plaintiff's complaint and that the d fendant has settled in full with the plaintiff upon the basis agreed upon; It is, therefore, now ordered and adjudged, by consent of the parties, that the plaintiff is mot entitled to recover anvthing further of the defendants, or either of them, and that this action be dismissed and the costs paid by the defendant. It is further ordered and adjudged that the plaintiff is the own er of the personal property set out in its complaint and now in the poss- ession of the plaintiff. This the 28th day of February, 1951. John L Milholland, Clerk Superior Court. By Conesnt of: J B Glover Jr. Attorney for plaintiff Scott & Collier Attorneys for defendants Pd : IN THE SUPERIOR COURT Ren MARCHH TERM 1931 De Monday March 9th, 1931, North Carolina, In the Superior Court Iredell County. March Term 1931, Be it remembered that a Superior Court begun and held in and for the State and County aforesaid, on the lst Monday after the lst Monday in March, 1951, the same being the 9th day of March, 1931, when and where His Honor, John M Oglesby, Judge Presiding and Holding Courts for the Fifteens th Judicial District, Spring Term 1931, is present and presiding, at this term for civil cases only. mi G C Kimball, High Sheriff of Iredell County is present and re- ; turned into open Court the names of the following good and lawful men to serve as jurors for this term of the Superior Court, to-wit: H E Wither- spoon, H A Freeze, E E Bailey, Shelton Miller, C L Millsaps, L R Crater, V F Moore, Frances A Johnson, J N Mills, J W Alexander, R F Rives, LG Morrison, R E Levan, Jas A Brady, Z B Brown, S S Stevenson, R F West, WE ; Smith, R C Shaw and J F Clendenin. R W Morrow and E K Robbins were returned unserved, H AM Turner was exeused by the Court. North Carolina, 4 In the Superior Court We Iredell County. § March Term 1931. i Hattie R Lentz 4 i vs 0 ISSUES B Vance Lentz § ii A Jury sworn and empannelled answefed the issues as follows: lst. Weere the plaintiff and defendant married as alleged in the i compaaint? Ans. Yes 2nd. Has the plaintiff been a resident of the State of North Car olina for five years immediately predéeding the commencement of this action Ans, Yes 3rd. Did the plaintiff and defendant seperate and have they live ed seperate ahd apart from each other for five years immediately preced- ing the commencement of this action? Ans. Yes 4th. Was the seperation without fault off the part of the plain- tiff as alleged in the complaint? Ans. Yes, iH ; i | 538 IN THE SUPERIOR COURT MARCH TERM 19351 Monday March 9tH, 1931. North Carolina, $ In the Superior Court Iredell County. 4 March Term 1931. Hattie R Lentz 6 vs t SUpDexr xT B V Lentz 4 This cause coming on to be heard before His Honor, John M Oglesby, and a jury and being heard and the jury having answered the issues as set out in the record. It is therefore ordered and adjudged that the bonds of matrimony heretofore existing between the plaintiff and defendant be and the same are hereby dissolved and that the said parties be and they are hereby divorced absolutely. It is further ordered and adjudged that the plaintiff Hattie R Lentz be and she is hereby authorized and permitted to resume her former name of Mrs Hattie R McLean. That the cost be paid by the plaintiff as provided bt statute to be taxed by the Clerk of this Court. This March 9, 1931. John M Oglesby Budge Presiding. In the Superior Court North Carolina, Iredell County. } Agnes C Mills ) vs § 1888s Ray C Mills 4 A Jusy sworn and empannelled and@wered the issues as follows: First. Has the plaintiff been a citizen and resident of the State of North Carolina for more than five consecutive years next prior to the commencement of this action as alleged in this complaint? Answer: Yes Second: Did the plaintiff and defendant intermarry 4s alleged in the complaint? Answer: Yes Third: Did the defendant commit adultery as alleged in the comp- laint? Answer: Yes MARCH ERM 1931 Monday. March 9th, 1931, : North Carolina, 4} In the Superior Court \ Iredell County. § March Term 1931 \ | Agnes C Mills i es § JUDGMENT Ray C Mills i This cause coming on to be heard at this Term of the Superior Court before His Honor, John M Oglesby, Judge Presiding and a jury and the following issues having been submitted to the jury: "lst. Has the plaintiff been a citizen and re c : : sident of the Stat of North Carolina for more than two consecutive years prior to the canada ment of this action as alleged in the complaint? Answer: Yes end. Did the plaintiff and defendant intermarry as alleged in the complaint? Answer: Yes Srd, Did the defendant commit adultry as alleged in the complaint Answer: Yes “ All of said issues having been answered by the jury in the affirma tive. Therefore, it is ordered, adjudged and decreed by the Court that the bonds of matrimony heretofore existing between the plaintiff, Agnes C Mills and the defendant, Ray C Mills be, and the same are hereby dissolved and the plaintiff Agnes C Mills is granted an absolute divorce from the defendant, Ray C Mills. It is further ordered by the Court that the plaintiff pay the costs of this action as taxed by the Clerk of this Court, Jno. M Oglesby Judge Presidimgl5th Judicial District of North Carolina, \ \ 630- Rufus Brooks vs Elizabeth Brooks -- Continued \655- Kmma W Roberson vs Frank Roberson -- Continued Dheie- C H Turner MfgvCo vs J D Rhyne -- Continued for defendant. No 549- L B Bristol trading as § \ Bristol Motor Go. { This case is to be set for next term of Court with the understanding that if the defendant, (4 C M Biggham who is a material witness, is sick vs C M Bin oo } deposition is to be taken for his evidence. IN THE SUPERIOR COURT 539 © IN THE SUPERIOR COURT MARCH TERM 1931 Monday March 9th, 1931. 540 North Carolina, } In the Superior Court Iredell County. March Term 1981/ \ Alma White q \ vs ) ISSUES P D White i A Jury sworn and empannelled answered the issues as follows: Ist. Has the plaintiff been a citizen and resident of the State of North Carolina for more than two years next prior to the commencement of this action as alleged in the complaint? Answer. Yes 2nd. Did the plaintiff intermarry as alleged in the complaint? Answer: Yes . 3rd. Did the defendant commit adultery as alleged in the complaint? Answer. Yes North Carolina, § In the Superior Court Iredell County. 4} March Term 1931. Alma White 4 at ae | JUDGMENT P D White ‘ This cause coming on to be heard before His Honor, John M Oglesby, Judge Presiding, and a jury, and the jury for their verdict having answered the tissues submitted to it in favor of the plaintiff as set out in the record. It is thefeore, considered, ordered and adjudged by the Court that the marriage between the pleintiff, Alma White, and the defendant P D White, be and the same is hereby disolved, and they are hereby divorced form the bonds of matrimony. It is further ordered and adjudged and decreed by the Court that the custody of John William White and Cleo Wirginia White the issue of the said marrige be and the same is hereby awarded to the plaintiff, Alma Whiteg in this action. Jno. M Oglesby, Jydge Presiding IN THE SUPERIOR COURT MARCH TERM 1931 Monday March 9th, 1931, North Carolina Zxra In the Superior Court Iredell County. March Term 1931, First Natinel Bank § vs $ ISSUE K D Cox, et al. 4 A Jury sworn and empannelled answered the issues as fol’ows: Is the defendant, K D Cox, indebted to the plaintiff, and if so in what amount? Answer: Yes, $7313.52 with interest from Jan 2, 1931. This Honorable Court takes a recess fintil Tuesday Morning March 10th, 1951 at 9:50 A. iii. Judge Pres(jding and H ding Co for the i5th Judicial District, IN THE SUPERIOR COURT MARCH TERM 19351 Buesday March 10th, 1931 Tis Honorable Court convenes according to adjournment Tuesday von ing March 10, 1931, at 9:50 A. M. for the dispatch of business, North Carolina, In the Superior Court Iredell County. $ First National Bank of Statesville N C, Plaintiff JUDGMENT as to K D Cox vs <— <> Aad a <> W F Foote, A B Pogue and K D Cox, Defendants This cause coming on to be heard at this term of Court, before His Honor, John M Oglesby, Judge Presiding, and a jury, and it appearing to the Court that the above entit!ed case was set pre-emptorially as the first case for trial at this term of Court; and it further appearing to the Court that judgment has been rendered by the Clerk of the Superior Court against the de- fendants, A B Pogue and W F Foote, and that the only question to be determin- ead was the liability of the defendant K D Cox; and it appearing to the Court that the said K D Cox failed to appear for trial or show cause why the mat- tershould not be heard, the court ordered that the matter be heard, and sub- mitted to the jury, and the jury answered the issues in favor of the plain- tiff and against the defendant, K D Cox, as set out in the record; IT IS, THEREFORE, considered, ord«red and adjudged by the Court that the plaintiff recover of the defendant, K D Cox, mmm the sum of $7,313.52, with interest thereon from the 2nd day of January, 1931, together with the costs of this action to be taxed by the Clerk. Jno. M Oglesby, Judge Presiding. North Carolina, In the Superior Court, Iredeil County. March Term, 1951. The Union National Bank of Charlotte, N. C. S J Holland, E Morrison, Sr. ) Q vs $ JUDGMENT 4 and L B Bristol. q ; n This cause coming on to be heard at the March Term, 1951, vefore He John M Oglesby, Judge Presiding, and it appearing to the Court t is instituted upon a note for $1500.00 with interest from October 19th, at the rate of six per cent per annum, executed by the defendant S J Hol una & Muxxtamn to the plaintiff and endorsed by E Morrison, S- and L B tol and that judgment was entered against the defendants 8 J Holland end B hat the action — IN THE SUPERIOR CouURT MARCH TERM 1931 Tuesday March 10, 1931, O43 Morrison Sr. on February 25rd, 1951, for the sum of $1500.00 with i t £ : nteres from October 19th, 1950; And it further appearing that the defendent L B Bristol filed an answe er but now consents that judgment be rendered against him as endorser on said note; It is now ordered and adjudged, by consent, that the plaintiff recover of the defendant L B Bristol, as endorser of said note of $ J Holland, the sum of $1500.00nwith interest from October 19th, 1930, at the rate of six per cent per annum, and the cost of the action to be taxed by the Clerk Jno. M Oglesby, By consent: Judge Presiding - EM Land Attorney for plaintiff Malcolm Cameron Attorney for L B Bristol tee aw North Carolina, 4 In the Superior VYourt Iredell County. January Term 1931. MC Williams and wife Anna B Williams. vs UD 62. S.8. 7 LB Bristol, H C Bristol and J B Roach, This cause coming on for trial at the January Term, 1951 of the Superior Court of Iredell County, before His Honor, John M Oglesby, Judge Pre- siding, and a jury and being tried and the jury having answered the issues sub mitted to them as follows:# "1, What amount,mif any, are the plaintiffs entitled to recover off note alleged in the complaint? Answer: $26,307.01 with interest from August l, 1930. 2. Have the plaintiffs listed said note for taxes as provided by law? Answer: No." It is, therefore, considered, ordered and adjudged that M C Williams and wife, Anna B Williams, recover of the defendants L B Bristol, H C Bristol and J B Roach the sum of $26,307.0} with interest from Aucust lst, 1930, until paid and the cost of this action to be taxed by the Clerk. It is further ordered and adjudged that the lands described in the Complaint and in the mortgage deed, given to secure the payment of the indebt- edness of the defendants to the plaintiffs, recorded in Mortgage Book 66, page 91, of the records of the Register of Deeds for Iredell County, North Caroling be and are hereby condemned to be sold for the payment of this iujenene and xk thet the equity of redemption of the defendants and of each of them in said lands be and is hereby forever barred; . 5 IN THE SUPERIOR COURT MARCH TERM 1931 Tuesday March 10, 1951. It is further ordered and adjudged that W D Turner and E M Land be and they are hereby appointed Commissioners to advertise and sell the said lands and that they be and are hereby authorized to sell said lands at the Court House Door in Statesville, Iredell County, North Carolina, for cash to the highest bidder, after first advertising said lands for thirty days, immed. iately preceding said sale at the Court House Door and three other public places in Iredell County, North Cerolina, and once a week for four weeks in the Statesville Daily. It is further considered, ordered and adjudged that the plaintiffs M C Williams and wife, Anna B Williams, be and they are hereby allowed to bid at said sale. It is further ordered and adjudged that the proceeds of said sale, after paying all cost of the action, and the costs of the foreclosure sale, including Commissionets' fee, be credited as a payment on this judgment. It is further ord red and adjudged that the said Commissioners be and are hereby empowered in their discretion to require a deposit of ten per cent to be made by the purchaser or purchasers of said lands at said sale with- in one hour after the sale thereof and that, upon the failure of the purchaser or purchasers to make said deposit, the said Commissioners, at the expiration of one hour from said sale, shall re-offer the lands for sale under the same notice of sale, It having been admitted by all parties in opén Court that the liabi- lity of L B Bristol and H C Bristol on said note is primary and the liability of J B Roach ig secondary. Motion of the plaintiffs for judgment having been continued by con- sent of both phaintiffs and defendants in open Cort until the March Term 1951, of the Superior Court and the plaintiffs having listed the said notes for taxes and having exhibited to the Court receipts showing that all delinquent taxes and penalties due the County of Iredell, up to and including the year 1930, in the sum of $972.84 have been paid and the receipts showing that all delinquent taxes and penalties due the City of Statesville , up to and including the year 1930, in the sum of $689.83 have been paid, this judgment is now entered at the March Term, 1931, of the Superior Court of Iredell County, North Carolin&e Jno. M Oglesby Judge Presiding The foregoing judgment is hebeby transferred and assigned to ne Pil ou Netional Bank of Statesville, North Carolina, as securety for ® note exe by M C Williams and wife, Anna B Williams, to said Phemt National Bank in curety for ony sum of $2, Gated the 10th day of March 1931, and as se renewal se | els thereof. MC Williams This 10 day of March. 1931. Anna B Williams. sede seiest eas. Wallace Bros Co vs I G Green et al. coi. IN THE SUPERIOR Court MARCH TERM 1932 045 Tuesday March 10, 1931, North Carolina, § In the Supe Iredell County. § perior Court State of North Carolina,on relation of St Charles Rutledge and Gadson Bigham, partners. trading and doing business under the firm mame of Rutledge & Bigham. vs CONSENT JUDGMENT Mary A Burton, Administratrix of Ashley Burton, Estate, Wesley Cowan, and Roscoe Summers. This cause coming on to be heard before his Honor, John M. Oglesby, Hudge holding Courts in the Fifteenth Judicial District, and &t ap« pearing to the Court that the plaintiffs and defendants have adjusted and settled all differences between them on account of matters and things set out in the plaintiffs! complaint: It is therefore, by consent, ordered and adjudged that the plain tiffs recover of the defendant, Mary A Burtom, Administratrix of the Ashlev A Burton Estate, the amount of Three Hundred Fiftv-eight Dollars and Fifty Cents ($358.50), together with interest thereon at the rate of six per cent (6%) per annum from the 8th day if Janueryv, 1989, and the costs of this ac- tion; that thés action be dismissed as to the defendants Weslev Cowan and Roscoe Summers, and that the defendant, Mary A Burton, Administratrix of Ashley A Burton Estate be taxed with the costs of this action. This the 10th day of March 1951. Jno. M Oglesby Judge Holding Courts in the Fifteenth Judicial District We consent: Adamé & Dearman Attorneys for plaintiffs Malcolm Cameron Attorney for the defendants Wesley Cowan & Roscoe Summers. Continued 1648- C H Gant vs J C McLelland & J L MeLelland- Continued \e58- J P Speaks vs W H Foster, W C Meadows et al -- Continued by consent \sse- R M Tucker vs Paola Cotton Mills et al-~ Continued 68@- Ethel B Cooper vs WL Alexander et al -- Continued by consent Statesville Industrial Bank vs B M Moorefield -- Continued for defendart | | IN THE SUPERIOR COURT MARCH TERM 1931 Tuesday March 10, 1931/ 546 No. 686 ZR Privette and wife vs § 4 W A Bristol trustee, and } Mrs M E Redman Extrx. 4 A Jury sworn and empannelled as follows, to-wit: H A Freeze, E E Bailey, J W Alexander, R E Levan, Jas A Brady, Z B Brown and S S Stevenson. Pending the trial of this action the Court tates a recess, This Honorable Court takes a recess until Yednesday Morn- ing March 11, 1931, at 9:50, A. M. Shelton Miller, C L Millsaps, L R Crater, V F Moore, J N Mills, bpp hte < initia MARCH TERM 1931 Wednesday March 11, 1931, This Honorable Court toenvenes according to adjournment Wednesday Morning March 11, 1931 at 9:30 A. M. for the dispatch of business No 686 ZR Privette and wife, t Plaintiffs. t oe § ISSUE W A Bristol, Trustee, and § Mrs M E Redman, Executrix, ' Defendants. jf Did the defendant, Mrs ME Redman, Executrix of J W Redman contract and agree to satisfy and mark the deed of trust of record so satisfied, on the day of March, 1929, by accepting a new note and deed of trust, as alleged in the complaint? Answer: No. North Carolina, Iredell County. H H Yount, trading as } Yount Motor Company, j Plaintiff 4 vs { ISSUE W A Bristol, and L B ' Bristol defencants \ In what amount are the defendants indebted to the plain- tiff on the note sued on in this action? $257.93 with interest from the 17th of September 1930; and interest on sum $507.93 from Srd day of June 1930 to 17th day of Beptember 1950. Answer North Carolina, In the Superior Court Iredell County. }§ March Term 1951 HH Yount, trading as Yount Motor Company, Plaintiff vs JUDGMENT WA Bristol, and L B Bristol, defendants This cause coming on to be heard and being heard before His Honor John M Oglesby, Judge fiordingnthe Courts in the Fifteenth Judicial Distri¢ and a Jury, and the jury having answered the following issue submitted to them by His Honor John M Oglesby: In what amount are the defendants indebted to the plaintiff on the note sued on in this action? ¢ rest from the 17th day of September Anowan: $367.08 -3P aS from the 3rd day of June 1930 to the 1930; and interest on sum of $3507.! 17th day of September. IN THE SUPERIOR couRT 347 ene ee IN THE SUPERIOR COURT MARCH TERM 1951 Wednesday March 11, 1951 IN THE SUPERIOR COURT MARCH TERM 1931 Wednesday March ll, 1931 IT IS THEREFORE, ORDERED, CONSIDERED AND ADJUDGED that the plain- North Carolina, j In the Superior Court tiff recover of the defendants WA Bristol and L B Bristol, the sum of Two Iredell County. 9 March Term 1931, Hundred Fifty Seven & 93/100 ($257.93) Dollars, with interest at the rate g \» A Beaver 6 of 6 per cent per annum from the 17th day of September, 1950 until paid; vs § JUDGMENT... and interest on $307.93 from the Srd day of June, 1950 to the 17th day of J W Winecogf 4 September, 1950, and the costs of this action to be taxed by the Clerk, This cause coming on to be heard at this Term bef efore His ee ‘ John M Oglesby, and being heard and it appearing that the parties to ea soeet Prackéane controversy have settled all matters of difference out of court and they have agreed that each would pay one-half of the cost itle «& Bond Corporation | Guaranty T p e It is therefore ordered and ad} Plaintiff | adjudged that this action be dismis- “ \ JUDGMENT sed and that the cost be taxed one half against the plaintiff and one half T W Davis, Hétentint j against the defendant. This cause coming on to be heard and beingbheard be- A a Jno M Oglseby : : = greed to bg; Judge Presiding fore His Honor Judge John M Oglesb Judge Presidin of the March, 193 g g > g &> , i Hugh Mitchell term of the Superior Court of Iredell County, North Carolina and it apperr- Attorney for plaintiff that the plaintiff appealed from a judgment rendered in the Justice o ZV Turlington ing tha e plain pp judg f Attorney for defendant Peace Court, and the plaintiff, through its attorneys, Turner, Moss & Winberry in open Court, made a motion to withdraw the said appeal; p ’ ’ North Carolina } In the Superior Court It is therefore, considered, adjudged and decreed that the plain- i 9 judg 2 ae Iredell County }§ March Term 1931. tiff be, and is hereby allowed to withdraw its appeal. 4 Av ty (4 Alfred J Sweet Company, a corporation, 4 azeprnd, This the llth day of March, 1931. in behalf of itslf and all other ) creditors who may come in and make 4 Jno M Oglesby themselves plaintiffs in this action Q Jydge Presiding vs 4 ORDER North Carolina, } In the Superior Court Leon Steinberg and Morris Steinberg, 4 partners, trading under the firm name t Iredell County.} March Tarm 1931 and style of Jo Ann Boot Shop. ' \ e \ Isidore Wallace t This cause coming on to be heard, and being heard, before His vs § JUBGMENT Honor, John M Oglesby, at this, the March Term of the Superior Court of I C Brookshire ' Iredell County, and it appearing to the court from the final report of C H i term Dearman, Receiver, that after paying all preferred claims, together with This cause coming on to be heard and being heard at this ohn M Oglesby, Judge 's fee, he has a balance of $94.42 of Superior Court of Iredell County before His Honor, J the receiver's commissions and attorney Presiding, and it appearing to the Court that this is an action upon @ note . to be pro rated among the general cerditors; and it further appearing to the court that the receiver has complied with all the orders heretofore and no counter-claim having been filed, and it further appearing to the has come into approved: made, and that the final report of said receiver should be court that the plaintiff, through his counsel, Lewis & Lewis, NOW, THEREFORE, it is considered, ordered and adjudged that the court and asked to be allowed to take a voluntary non-shit: | final report of C H Dearman, Receiver, be, and the same is hereby approved and hé is ordered to pro rate the $94.42 that he now has on hand among the and that he be discharged from It is, therefore, ordered and adjudged by the Court that this cause be and the same is hereby non-suited and dismissed, the costs to be taxed against the plaintiff. general ceditors of said defendant company, his duties as said receiver. This March 9th, 1931 bd Jno M Oglesby Judge Presiding : Jno M Oglesby _— IN THE SUPERIOR COURT MARCH TERM 1951 Wednesday March 11, 1931 \ Isidpre Wallace ' Plaintiff, ) ) vs ( ,;e ens G G Goodin, }" Defendant q A Jury sworn and empannelled as fol'ows, to-wit: H E Witherspoon Ww E Smith, R F Rives, LG Morrison, R F West, R C Shaw, J F Clendenin, s J Knox, W A White, C C Hartness, W J Morrison and T J Ellis, answered the is- sues as follows; 1. Is the plaintiff the owner and entitled to the personal pro- perty described in the complaint? Answer: Yes 2. What was the value of said property at the time it was repley- ied by the defendant, February 12, 1931? Answer: $494.32 3. What amount, if any, is the defendant entitled to recover against the plaintiff on his counterclaim and setoff as alleged in the an- swer? Answer: $155.00 697=- EW Jones Recv, Commercial Nat'l Bank vs Smiles C Burgess -- Continued 704- Greever-Litspeick Mfg Co vs Mooresville Drug Co. Continued 708- Stahdard O11 Co vs Atlantic Paving Co et al. -- Continued by consent 710% P M Barger Lumber Co vs Bonlee Lumber Co -- Continued. This Honorable Court takes a recess until Thursday Morning March 12, 1931, at 10:00 O'clock A. M. Judge Presiding ia | J C Davidson & R M Davidson, IN THE SUPERIOR COURT - Thursday March 12, 1931. Court c cor t convenes according to adjournment Thursday Morning March 12, 1951 at 10:00 Q'clock A M for the dispatch of business North Carolina, In the Superior Court) Iredell County. $ March Term 1931, wae ZR Privette and wife, Ida Privatte vs JUDGMsANT Trustee, and Executrix of deceased. Bristol, * Redman, VY Redman, eC, ez <3 x) ooo ce om This cause coming on to be heard, and being heard at this term of Superior Court of Iredell County before His Honor, John M Oglesby, Judge Pre and the jury having answered the issue submitted to them siding, and a jury, by the Court in favor of the defendant, M E Redman, Executrix of J W Redman, deceased, and against the plaintiffs as set out in the records It is, therefore, considered, ordered and adjudged by the Court thé the note and Deed of Trust executed by the plaintiffs to W A Bristol, Truste and J W Redman, recorded in the office of the Register of Deeds of Iredeil County in Booktof Mortgage Records No 69, at page 242, be, and the same are hereby declared valid and binding instruments and in full force and effect. It is further ordered and adjudged that the Deed of Trust is a valid and outstanding lien upon the’ property described in said Deed of Trust, consti- tuting a lien upon said property from the date of its registration as prov- ided by law. It is further ordered and adjudged that the restraining order heretofore granted in this cause be, and the same is hereby dissolved. It is further ordered that the plaintiffs and their bondsmen pay the costs of this action to be taxed by the Clerk of this Court. Jno. M Oglesby Judge Presiding North Carolina, § In the Superior Court Iredell County. § March 1931 Term. The First National Bank of Statesville, NC vs A P Davidson, R F Davidson, Executors of the Estate of 1 AB Davidson, and EL Phifer, T W Woodside and John R Morrison. § fo ' JUDGMENT j 5 f j PRESENT: HIS HONOR JOHN M OGLESBY, JUDGE PRESIDING. This cause comi mm #eobe heard at the 1951 March Term of Iré- Y dell Superior Court and fore his Honor, John M Oglesby, Judge MARCH TERM 1931 OL 552 IN THE SUPERIOR COURT MARCH TERM 1951 Thursday March 12, 19351 Presiding, and it appearing to the court that the defendants A P Davidson, R FP Davidson, J C Davidson, and R M Davidson, Executors of the Estate of Ja David- son, deceased, havécfailed to file and answer to the compalint in this cause and that plaintiff is entitled to judgment by default for the amount of the note sued upon; and it further appearing that the answer filed by Lewis &% Lewis, Attorneys, purports to be an answer for the defendants E L Phifer and T W Wooa- side, and that said attorneys represent that the names of said defendants phifep and Woodsides were inadvertently included in the answer filed by them for des fendant Morrison and have requested permission to withdraw the said answer as to said defendants Phifer and Woodsides; and it further appearing that plain- tiff is entitled to judgment upon the note described in the complaint: It is now, upon motion of Carroll B Spencer, attorney for the plain- tiff, ordered adjudged and decreed that the plaintiff has a valid and enforce- able claim against the defenadnts, A P Davidson, R F Davidsom, J C Davidson, and R M Davidson, as Executors of the Bsta&te of J A Davidson, deceased, said judgment to ascertain debt and share in settlement of estate according to its dignity in the assets that are or may come into hands of the executors to pay the debts, and it is further ordered and adjudged and decreed that the plain- tiff have and recover of the defendants, jointly and severally, the sum of $3,187.00, of which amount $3,000.00 is principal, and $187.00 is interest. It is further ordered, adjudged and decreed that the answer filed by Lewis and Lewis, attorneys, for and on beBalf of John R Morrison which was purported to have been filed for defendants Phifer and Woodsides, upon motion of Lewis and Lewis, attorneys, be and the same is hereby stricken from the re- cord and permitted to be withdrawn as to defendants Phifer and Woodsides. Ex- ecution under this judgment shall not issue against defendant John R Morrison prior to the 25th day of May, 1951. The defendants will pay the costs of this action to be taxed by the , Clerk, the executors to share in proportionate part of cost. Said cost being taxed by court in view of delay of executors in above action. Jno. M Oglesby, Judge Presiding \ \'715- In Re: Caveat to will of Mrs Mary C Atwell -- Continued b 712- J M Carlisle vs A J Beaver and wife.-- Continued by consent y consent \716- Mrs Dewey Herman vs Mildred Cowan -- Continued. \722- H B Stewart vs Carl Morrison and Walter Morrison . -- Continued by consents 2 IN THE SUPERTOR COUR WARCH TSRM 1931 9B North Carolina, In the Superior Court Iredell County. March Term 1931 E M Crowell vs JUDGMENT j ) Universal Mortgage Company, 4 Central Bank & Trust Company |] Trustee, and Redlty Loan and } Insurance Company. } ESENT: HONORABLE JOHN M T.PeRY R pRPatnt PRESENT: HONORABLE JOHN M OGLESBY, JUDGE PRESIDING, This cause coming on to be hearé before His Honor, Judge John M Oglesby, Residént Judge of the Fifteenth Judicial District, holding the March Term of Iredell County Superior Court, upon the temporary restrain- ing order, after having been continued, from time to time, all parties being regularly before the court, and being heard upon the temporary re- straining order: It is, by consent of the parties, ordered, adjudged and decreed that the second lien notes described in the deed of trust executed by the Realty Loan and Insurance Company to the Central Bank and Trust Company, Trustee, asp recorded in the office of the Register of Deed of Iredell 6oun in Book 86, page 329, amounting to (3975.00, be and the same are hereby de- clared null and void and that same be and they are hereby cancelled and the maker of said notes, its assignee, or any person holding title to the property described in said deed of trust, are hereby relieved of any and all liability for payment of said notes and said property is hereby dis- charged as security for the payment of same. It is further ordered, adjudged and decreed, by eonsent of the parties, that the provisions of said deed of trust relating to the payment of $70.00 monthly be and the same is hereby declared null and void, and that the maker of said deed of trust, its assignee, or any person holding title to the property subject thereto, are relieved of any and all liabi- lity for payment of same or any part thereof. It 1s further ordered, adjudged and decreed, by consent of the parties, that the original and first lien notes amounting to $7,000.00 and interest on same, described in the said deed of trust executed by the Real ty Loan and Insurance Company to the Central Bank and Trust Company, Trust ee, recorded in the office of the Register of Deeds of Irede}1 County in Book 86, page 329, are legal and binding obligations and that said notes, n said notes, and on each of them, are and each of them, and interest 0 now due and payable and defendants are now entit k my, led and are hereby author- ea ee Miditincsa: etiam eeaeendeeeneeneineeenE ea ee ee re ae ee 225 oe eee 554 tenor thereof and as provided in the said deed of trust, as and when they mey elect. Te cost of this action will be paid one half by plaintiff and one half by defendant. Resident Judge Fifteenth Consented to: Malcolm Cameron Attorney for Plaintiff Carroll B Spencer Attorney for defendant Realty Loan & Ins Co Johnson, Samthers & Rollins Attorneys for Receivers Universal Mtg Co. and North Carolina Corporation Commission Liquidating Agte ORR BOIS ized and empowered to foreclose said deed of trust securing said notes fop the on: collection of same to the extent of $7,000.00 and interest, according to the Jno M Oglesby Judicial District 559 4 t ‘ North Carolina, In the Superior Court ee { | | Iredell Vounty. Before the Clerk, “ Statesville Flour Mills Company 4 : a ‘ JUDGMENT HI Frank E Graham and wife, t Pie Mrs F E Graham ) Le i This cause coming on to be heard before the undersigned, Clerk of ir ie the Superior Court, and it appearing to the Court that the plaintiff's veri- fied Compaaint was filed in this office on the llth day of February, 1931, at : i. . which time summons was served together with a copy thereof and a copy of the plaintiff's verified complaint on the defendants on February, 13th, 1931; : 9 ; er that more than thirty days have elapsed since the said service and the defenée i. 1 lina In the Superior Court req North Caro ° ! ants have failed to answer or demur to the plaintiff's cause of action, a edell Count § March Term 1931. ‘ 7 si It further appears to the Court that the action is based on a con- elie CH Turner, Individually, and vite \ CH Turner as a stockholder and tract for goods, wares, and merchandise sold and delivered to the defendants; || a . Bh Creditor of the defendant Company, ( hi | on behalf of himself and all other t that the aggregate amount due the plaintiff is $423.20 as of June 20th, 1930. bibs ae stockholders ahd creditors who may 4 it ‘ come tn and make themselves parties ‘ It is, therefore, ordered and adjudged that the plaintiff recover by ey | laintiff in this action; : i Pp ? of the defendants the sum of $425.20, together with interest from the 20th iit vs 4 FINAL JUDGMENT HA day of June, 1930, until paid, and the cost of this action. Hp * Manufacturing Company. t Hip C H Turner Man & pany This 16th day of March, 1931. af This cause coming on to be heard at the March Tern, 1931, of Iredell John L Milhollend, vie | Clerk Superior Court. if Superior Court, before the undersigned Judge of the Superior Gourt, and it ii i" ele EM appearing that the Receiver in this matter has collected all assets and dis- cicbiniiin« bil : bursed the same in accordance with the orders of the Court heretogore made es in this proceeding and has accounted for all moneys and other property com- ; North Carolina, In the Superior Court tl i ing into his hands, as ordered by the Courts; Tredell County. It is, therefore adjudzed that the said L M Graves, Receiver of \ Iredell County. 4 Hy Me. e A C H Turner Manufacturi &, be, and he is hereby discharged and the surety vs ) Soper! ee eh - nd a on his bond released and it is further prdered that said corporation tad oc Commercial National Bank of Jf | | t be filed in Statesville, North Carolina. | ' the same is hereby dissolved and that a copy of this judgmen : orci National Bank of Statesville, North . the office of the Secretary of State of North Carolina. The defendant Commercial 9 | Carolina, having come into Court through E W Jones, its receiver, and E M Jno M Oglesby — t The Be Judge Presiding Land and Raymer & Raymer, its Attorneys, and having submitted to a voluntary i non-suit upon the counterclaims set up in its answer and espechally in the ~-=5 E- /0/ pth brhird bee wut foe, F/ Y first and second further defenses in its answer filed on February 13th, 1950, It is now ordered and adjudged that the defendant be and is hereby Non-suited upon the counterclaims set up in its answer and that the defendant Pay the cost of this action. Thi Sl. s March 18th, 19 John L Milholland, Clerk Superior Court. . Plaintiff in open Court excepts to signing the foregoing judgment and give hotice of appeal.se Notice waived. John L Milholland, ag Clerk Superior Court ea Per 560 North Carolina, In the Superior Court th Carolina Iredell County. or s In the Superior Court hl} Tredell County. Bef Hl % A A Gaskeddon, Administrator 4 ore the Clerk Bia of Vanander Caskaddon. (4 virst National Bank of } Hi ve ) CONSENT JUDGMENT Btetoeville, B. 0. } ty: [ fe J W Nash and G W Nash, trad- vs j JUDGMENT ' ing and doing bisuness: am Yates Blanton and D Alva jf \| Nash Ginning Company. Blanton. j | This cause coming on to be heard upon the summons and duly | ty This cause coming on to be heard before the undersigned Clerk of verified complaint of the plaintiff, filed on the 10th day of February Bf ary, Superior Court of Iredell County, North Carolina, and being heard, and it ap- 1931, and it appearing to the Court that the said summons and a copy of pearing to the Court from the admission of the parties, that the plaintiff and delivered to the Sheriff on the 13th day of Februar 1931 ad ay a ‘ A the verified complaint were duly/served on each of the aihishcste aa the defendants have adjusted and compromised all matters of difference between i 21st day of February, 19351, and it further appearing to the Court that the At " them growing out of the facts set forth fn the plaintiff's complaint and that said defendants have failed to file answer or other p&eading on their be- the defendant has settled in full with the plaintiff upon the basis agreed to th aint witli ] ene half to e said verified complaint within the time allowed by law, toe wit: on or before the 24th day of March, 1931, and it further appearing It is, therefore, now ordered and adjudged by consent of the parties, Ahi to the Court that the said verified complaint of the plaintiff sets forth hi f i that the plaintiff is not entitled to recover anything further of the defend- the cause of action against the said defendants by reason of their failure or either of them, and that this action be dismissed, and the costs be ah : ants, to pay a note in the sum of $384.58, and interest, executed by them to paid by the defendants. s the plaintiff, and the court finding upon the record in this case that This the 23rd day of March, 1951. : t chat the foregoing are the facts, for the purpose of judgment, it is therefore, up- John L Milhollend, : sian: ins Clerk Superior Court. on motion of Grier, Grier & Joyner, Attorneys for the Plaintiff, By consent of: ; his ORDERED, ADJUDGED AND DECREED that the plaintiff recover of the eas | A askaddon 5 HAIRY defendants the sum of $384.58, with interest thereon from April 16th, 1950, TNR g Administrator of Vanander Caskadddon Lewis & Lewis, By H E Lewis until paid, and for the costs of this action. a Malcolm Cameron Attorneys for plaintiff. This the 30th day of March, 195le bg . Sentian & Ree John 1, Milholland, aR Long & Glover Clerk Superior Court of CI ee Attorneys for defendants. Dredell County NC Cine! ww i i | | North Carolina, } In the Superior Court lik | AES Iredell County, } Before the Clerk a The Wallace Brothers Company, ) i Plaintiff | i vs } JUDGMENT BY DEFAULT FINAL. ( Otis N Franklin and Cordia ; 4 Franklin, defendants } ng heard, before His on Mm This cause coming on to be heard, and bei Honor, John L Milholland, Clerk of Superior Court of Iredell County, i Monday, April 6, 1931, and it appearing to the Court that the defendants, Otis N Franklin and Cordia M Franklin, were personally served with summons March, 1931, and copies of in the above entitled action on the 2nd day of 562 the plaintiff's duly verified complaint were duly served on said defendants at the pime of service of summons, that more than thirty days has elapsed since ¢ the service of said summons and complaint upon the defendants and that they have failed to file answer or demurrer; and that the complaint alleges a cause of acbion for the recovery of a sum certain in money upon a promissory note- NOW, THEREFORE, on motion of John W Wallace, attorney for the pleintire 4t is hereby ordered, adjudged. and decreed that the plaintiff recover of the defendants, Otis N Franklin and Cordia M Franklin, the sum of $282.38, with in- terest thereon at the rate of six per cent per annum from the 20th day of Apr- il, 1930, until paid, and for the costs of this action to be taxed by the Clerk, This the 6th day of April, 1951. John L Milholland, Clerk Superior Court, North Carolina, In the Superior Court Iredell County. | Before the Clerk 1 Dorcas Miller, Plaintiff } ! vs j JUDGMENT J M Watts an ife, Mary S ) Watts, Defendants ' + he a and tne heard he tt ins This camse coming on to be heard, and heing heard before the un a — eee ee *T men dehy is dersigned Clerk of Superior Gourt for Tredoll County, North Carolina, on th 1931, upon the verified complaint of the plaintiffs; and it , + se ae ante Sy HI 8 @ or Oo + 16th da appearing to the Court that summons was issued in vhs cause on the 7 od f Monday April, 2 te the plaintiff filed in this office her of March, 1931, and that on said da urther appearing that said summons and a the 16th + Vv ry be: duly verified complaint; and f said gomplaint was duly served on each of the defendants on . 3 answer= day of March, 1931, and that neither of said defendants have appeared, & 1t ed or demurred to the complaint of the pjaintiff, and are now in default, 36 summons 5 more than thirty (30) days having elapsed since the service of said : ' ent and it further appearing that this action was instituted to recover paym . 1 ants to of a certain promissory note executed and delivered by the defendan oh at Vv 5 1925, the plaintiff underz seal, in the amount of $288.00, dated January 15, j % per and due sixty days after date, and drawing interest at the rate of 64 P made annum from date until paid; and it appearing that no payment has been May 24 on said note exeept the interest thereon from the date thereof to May ’ a note 1928, and that there is still due and owing to the plaintiff on sat ate of the sum of $288.00 with interest thereon from May 24, 1928, at the r 6% per annum until peid. 963 TT IS, THEREFORE, considered and adjudged that the plaintiffs re- cover of the defendants the sum of Two Hundred Eighty-eight ($288.00) Dol “a we eVVU 1 ~ zether with interest +t} : cam Wake o lars, toget rest thereon from May 24, 1928, until paid, at the rate of 6 per centum per annum, and the costs of this action, This April 27, 1931. John L Milholland, Clerk Superior Court for Iredell County NC North Carolina, In the Superior Court Iredell County, jJfairbanks, Morse & Company Inc. } vs } 7 4r ; aT 7 WP Hager, et al } This cause coming on to be heard before the undersigned Clerk of the Superior Court, and it appearing to the Court that the plaintiff's al- lesed cause of action is based upon a written instrument, to-wit, a note with a sum certain, and that said note is now past due, It further appears to the Court that the plaintiff's action was commenced in this Court on the Srd day of April, 1931, by the plaintiff filing a complaint, duly veritied in this office; that on the 8th day of April, 1931, the Sheriff of Iredell County served a copy of the summons together with a copy of the verified oo 1 5 5} Aa “L 1.4 ,.Pantank hae faliad *¢ anewer 5 complaint upon the defendant; that the defendant has failed to answer op Ge “2 . ’ : a thirt avs ave - mur to the alleged cause of action, and that more than thirty days It, is, therefore, considered, orderedy and adjudged that the plaintiff recover of the defendant the sum of $289.40, with interest from the 15th day of March, 1950, until paid, upon the note as set out in the complaint, and that the defendant be taxed with the cost of this action. This the 18th day of May, 1951. John L Milholiand, Clerk Superior Court ae 64: North Carolina, In the Superior Court, Iredell County. Before the Clerk me Brookshire & Sons Ince JUDGMENT FINAL BEFORE THE vs CLERK ON A NOTE Rich wood and wife Mary E Wood. This cause coming on to be heard before the undersigned Clerk of the Superior Court of Iredell County on Monday, the 18th day of May, 1931, and being heardy and it appearing to the Court that the plaintiff in this action caused summons to be issued from the Clerk of the Superior Court of Iredell County, North Carolina, on the 27th day of February, 1931, against the defendants, Rich Wood and wife, Mary E Wood and that personal service of said summons was made on the defendants on the 6th day of March, 1931 by read- ing the original sugmons and by leaving with the defendants a copy of the summons and a copy of the plaintiffs verified complaint as provided by law,, And it further appearing to the Court that the plaintiff filed a duly verified complaint in the office of the Clerk of the Superior Court on the 27th day of February, 1951, and that this is a cause of action upon a promisory note for an amount certain and that more than thirty days have el- apsed from the service of said summons and copy of the verified complaint on said defendants as provided by law, and that the defendants have not fil- ed any demur to the complaint, or any answer denying the complaint, or rais- ed any issue of fact and it appearing to the Court that the plaintiff is en- titled to recover of the defendants the sum of Nine Hundred Sixty-four & 14/100 Dollars with interest on Nine Hundred Sixty-four & 14/100 dollars at the rate of six per cent per annum, due and payable sémi-annually from the 8th day of December, 1930, until paid, on account of said note. It is, therefore, considered, ordered, adjudged and decreed by the court that the plaintiff recover of the defendants, Rich Wood and wife Mary E Wood, in this action, the sum of Nine Hundred Sixty-four & 14/100 Dollars with interest thereon at the rate of 6% per annum, due and payable semi-annually from the 8th day of December, 1930 until paid and the cost of this action to be taxed by the Clerk of this Court. This the 18th day of May, 1931. John L Mi holland, Clerk Superior Court. THe EEE HES North Carolina, § IN THE SUPERIOR COURT MAY TERM 1931 : - BGR: MONDAY MAY 18th, 1931. 065 In the Superior Court + f rr Iredell County. f May Term 1931, B 4 2) ™m yar Haat a "4 e it remembered that a Supertor Court begun ¢ for the County and State aforesaid, on the llth Mondav after +} aay alter the lst Monday in March, 1931, the same being the 18th day of May. 1931 W er EM Judg ing 2 TK) Honor, Walter E Moore, Judge Presiding and Holding Courts for 1 Judicial Bistrict Spring Term, 1931, is pr« zeb V Long, Solicitor and Prosecuting Attorney is present and prose ay, 1951, when and where His 9 +8 present and presiding, and the Hon ville A+. the name of the State, G KiAribal TT4 ot Chant ff 4 7.99 ¢ G C Kimball, High Sheriff of Iredell County, is present and return- ed into open our the names of the following cood ; Court the mes of the following good and lawf f mew +4, 4 an x : jurogpgs for the first week of this term of the Superior Court, to-wit: The wm oT ORT AMMO 1% TT ? > To a Tr ™ t "7 +r oF WW McConnely, H B Bollins, B A Holmes, R E Gatton, Mi Morrow, E G Cowan ar . T Y Romeawr = Mma Nam cy Jr es f° 4} anid re 3 * : ae following were drawn and sworn as Grand-Jurors for the term: urors erni: oe Cette et ae mt wath tics ‘ VR Holland, F L Miller, GB White, R C Mo . ate nen . cea & — eG : EH Reavis, J P Ingram, L G NcLain, N F Blackwelder, J F Forcum and LA Thomas, C E Hobbs, Robt he JE Sprinkl sprinkle, ae ee - LA Bosgs, C MaNn 1 J C ALC VCClY, No l- State vs ER Long No. 3 State Vs Blake Stewart No, 4 State vs Maggie Steele Ramsey Jr. was appointed and sworn as foreman of the Grand-Jury. oint Privette, was appointed and A Qn s Tr é ee * 3 wr mM 6 A Cashion, J D Oliphant and F Hall were excused +} wre folowing were drawn and sworn as petty jurors for the week, M C Dunlap, P M Godfrey, J F Rinmer, A B Godfrey, CC Ward, J Clyde D Renegar, and L Shoemaker, A ! J B Cooper. following were drawm and sworn as talesmen jurors for the week, T L Tomlin, J L Abernathy, Turner Page, I Godfrey, id, WI Jolly, R A Williams, Stepp Martin, WC Perry, WY W Woodward, Wea 4 HAaStverse W B Cook and Ed TO APPEAR AND SHOW GOOD BEHAVIOR Defendant appeared and showed good behavior, It is or- dered by the Court that the defendant be discharged ASSAULT WITH DEADLY WEAPON Continued by consent FORGERY Continued under former ordere 2 AN eS ee a ee ox ot <> hea { a aR Fos Bs an vi i He 566 \ No. 5 State vs Thomas Hardie \ Ho 8 \ State vs John Scott (Col) No. 9 \ State \ vs a* , rl Res Raymond Reavis No, 10 & ll State vs George Hilton 1a 2 No. 12, 13 & 14 \ State sot \ Vs Wow Tawthn Wid Lowthrop No a 7 State a o + * r Claud Patterson No. £4 S Stat ve Vs \ Barl Clontz Noe 2 ) State VS O M Moose E L Henderson No. 29 State \ = Spencer Cook Bo 31 \ State vs Walter Owens — ts ot Se Se eS eee et wee > nee et et eee Se Se et eee et Ee <> ot eet PO Pe ae PE ek eee eee PF perme a ee ar ~~ — St eo oe al et eo OO eet St eet et EM > — I IN THE SUPERIOR COURT MAY TERM 1931, Monday May 18th 1951. LARCENY Nol Prosed with leave ASSAULT WITH EADLY WEAPON Nol oak with leave ASSAULT WITH DHADL¥Y WEAPON Continued by consent ‘ORNICATION AND ADULTERY De sfendant payed costs. Discharged n 1.2. for bills. Gls eas TIRNING Continued for defendant TT RRR TT oR @QaAtTTi WITH DEADLY WEAPON Continued by consent FORGIABLE TRESPASS Tie defendant appveared and showed that he has been comp- with the terms of judgment. Continued under former ALM T ON ‘Continued by consent GIVING WORTHLESS CHECKS WS a att ee Alias Capias ASSAULT WITH DEADLY WEAPON Defendant called and failed. Judgment Nisit Sci Fa and FORNICATION AND ADULTERY ®he defendant comes into open C to fornication and adultery. Judgment of the Court is that the pra be continued upon payment of the costs 0 ourt and pleads guilty yer for judgment f this actione TRANSPORT AND POSSESS LIQUOR Alias Capias Noe 32 State vs Jessie Howard No, 35 State vs DR Harnhards No. 34 State vs Flake Munday \No. 35 State XN vs Clarence Christy | No. 38 | State vg Lottie Fox No, 43 State vs 1" ‘ Rat Walker Be ho Bristol Bell iNo, 49 State vs A J Russell No e 58 \ State vs Charles Parker > « c < 2 ct <oO ~” Oo ol Charles Parker No. 60 State } Vs Roy Overcash IN THE SUPERIOR COURT MAY TERM 1931 D6 Monday May 18, 1931, ou7 ASS “urrrrer Tes wna WITH DEADLY WEAPON RECKLESS a ues by consent DRIVING } | 4 § { ASSAULT WITH DEADLY weapon s EADLY WEA N AND RECKLESS pD Ne Continued by consent ee ANSLAUGHTER Contthnued by consent FORNICATION AND ADULTERY Nol Prosed with leave LARCENY OF AUTO Nol Prosed with leave ARCENY Nol Prosed TN RE- UTOMOBILE dem aia’ © 4aVuv We Ju + 2 A 4 + 4s ordered and ad ijudged by the Court that the car be eelens ed upon the payment of teak due officers for capturing said car and upon payment of costs incured,. FORGERY The de counsel ZV Turlington tenders a plea of fendant comes into open Court and through his zo guilty &o a mis- demeanor to-wit, and attempt to comuit forgery, which plea the Solicitor accepts. Judgment of the Court is that the defendant be im- 11 County to be assi j i , 3 0 | j ! j } j \ f f j ’ j f { j i j j } j J } i prisoned in common jail of Irede tened to work on public roads for a period of TVELVE MONTES, sentence suspended upon condition that nt be of good behavior and remain a law abidi fox two years, and further condition that he pay the costs this action, FORGERY endant comes into oppn Court and through his counsel ZV Tur ling ton misdemeanor to-wit Cy and <Suenye to comn plea the So } The def { } a tenders a plea of ; ‘ nt of he Cour t that the defendant be in- prisoned in common jail of Iredell County for a period of TWELVE wine ITHS. and assigned to work on plblic roads, -sentence sus ended for two years upon condtion that the defendant oe of good behavior and remain a law abiding citizen, and further condition that he pay the costs. Judgme FORGERY The Bat encant’ comes into open Court and through his counsel Z V Turlington tenders a plea of guilty toa nisdemesnor to-wit, and attempt to commit forgery, which lea the Solicitor accepts. r "Saket of the oan’ is that the defendant be in- prisoned in common jail of Iredell Conny for a period of TWELVE MONTHS, and assigned to work on public roads, dentence suspended for two years upon condition that the defendant be of good behavior & and remain a law abiding citizen, and further condition that he pay the costs. 8 ee rere crmerece os = i. y ‘ we iW ae Wt Hi Wt i} lovee We \ e x 1 ‘ Ki | i ee eee ee DN THE SUPERIOR COURT MAY TERM 19351, Monday May 18th, 1931. IN THE SUPERIOR COURT MAY TERM 1931 5 Monday May 18th 1931, 369 568 ——— Wi FORGERY : : {Tie The defendant comes into open Court and through his No. 50 ee : counsel % V Turlington tenders a plea of guilty to a State Be remembered that at this term \ No. 61 misdemeanor, towit; an attempt to cmmit a felony, which vs Court of Iredell County be \ State big of the Superior | gin iin > Ma 18 1931 - hi Roy Overcash ia 8 Bennett cia fan tan & egsnning May 18, 1931, and sit- Ane | plea the Solicitor accepts Wilson a ann gf ag cake of business, this the 26th day of ‘|i t Judgment of the Court is that the defendant be im ee ead "eetee eae any of said Court ina body, 18 ii prisoned in common jail of Iredell County for a period Sonat ee ae Rave Open Court the following Bill of Wy of BWELVE MONTHS, and assigned to work on public roadg indictment in words and ficures as follows: i senten@ée suspended upon condition that the defendant be INDICTMENT MURDER aig of good behavior and remain a law abiding citizen anda State of North Carolina, Suverior Court Hyak further condition that he pay the costs. Iredell County. May Term, A D 1931. } bh) mm, ‘ in i } maa TTATIOR fhe Jurors for tt tat non Their Onth Pre i No. 67 }] POSSESS LIQUOR. Tat Wilson Rennete tua State Upon Thetx Oath Present ii H Lsl1 WwLLSON Dennett Late al Voy x7 mina” | State I Contuned for defendant elite coi) late of the County of Iredell, | ste on the 12 day of rch, in the year of our Lord one thou sa. i sand nine hundred and 31, with force and am s, at and Jim Ervin in the County aforesaid, unlawfull » wilfully and fel Lously and of his malice aforethourcht and with vrene + ‘ 4. Aaithana* a fee 4245 Song Passe yt meeaas Mier . 38 } POSSESS LIOUOR. oe cs ei . bLOn aid 411) ax mrder one John NCe ¥V mt A domen Nia hucKke col With a deadlv weavo tows + nistol State 6 Defendant called and failed. Judgment Nisi Sci Fa a. : an a ane & Seanly Veepee so wit, a pistol, a- ee nd tanter Capias gains ne form of the statute in such case made and pre j vs j an Ins tanter C AP Las vided nd sacainst the neace alk a open is ola a oe a = ' Charlie Hartsell | ~ “Ce No. 70 J DISPOSE OF MORTGAGE PROPERTY OMG i. Solicitor btate } >fendant called and failed. Judgment Nisi Sci Fa and - ae : ei ndorsed onthe ck by the following words and figures \ vs yf oe @ to-wii ~ Blain Boodin ; een ae Nose 75, 76 & 77 § GIVING WORTHLESS CHECKS . | State Nol Prosed. een cee ‘son pennevi 1 vs } plieie cSiae idabeal . i ie J E Hartsell j INDICTMENT te a alibi hi & “ A {Thane ‘ Veh ieee No, 54 -- Thos lcCee et alx --: Prue Bill eh aeons Sa i hae ar Pros Hi . 63- Jay White -- True Bill ee ee ee ; bal o Ltnesses: {} | ~42- Richard Lyles -- A True Bill X M Halyburton 1 fg X P Nicholson HAR: “i7- Willis Hagler -- A True Bill X Jim Foot tia | vw Tw - Wanc if bi) “ 4 A im R411 w ¢ Tee bh ban 18) i “64- Leonard C ipp -- A True Bill r Lg 1 We . - as pa wv nt ~~ WI nce By i x ¢ z € Kbit aa ‘ ! \44~- John Lloyd Tuck -- A True Bill i ‘ Tasemarked X orn by the undersisned Foreman and & Las ahd ” ce “ oe aa 274 eee | i $ \4l- Marvin Benfield et al -- A True Bill examined bfco the Grand Jury nd this bill a | i A Taayy Bi tt. { tee is”. Banks Benfield -- A True Bill % a | o M msey Jr Ae pe \ * R411 os Sie Taye Wa: ; \170=- Blain Goodin -- A True Bill _— eT a eee Nh i \37— Will Hartness -- A True Bill ie | 37— Will Hartnes: i | No 20 § SEDUCTION fag: ae Whe 3 - Amae Ant nen Yourt am hrough his aie ay J The defendant comes into open Court an’ tee ity. 7? TD nm i ar ae | . San 7m ana KA ©: 1er pa ~ Vu Hh + VY No. 53-B A True Bill vs f counsel 0.2 Spencer ar ipd as fotlowis toowitt JC hy Grover Jordon J Jury sworn and empanne ee ee “AR Godfrey. CC Ward i No 53-A VIOLATION OF PROHIBITION LAWS. Duhflap, P M Godfrey, J F Rimmer, 4 > vey 8 it HEE ee a7 * ” Hobbs \ Rene£gay State Grand-Jury returned, "Not a True Bill’. J Clyde Thomas, C & Hobbs, A D Reneé sa. te ’ J L Abernathy, Turner Page &% oC i ae a4 ; 1 ee Pending trial this case the Court tekes a I ss un | | Vs Fh in owe Trautman axter i1roucman UG et 441 Tuesday Mornitige No. 38 " Grand-Jury returned, "Not a True Bill’. \ - - s\ State vs Lottie Fox mamas + aq r MT 2 Tis Honorable Court takes a recess until Tuesday Morning May 19th, 1931, at 9:30 A. M. Wn tice en ean ; ts J e Presiding and Holding Cour hes 15th Judicial District \ ~\ IN THE SUPERIOR COURT MAY TERM 1931 Tuesday May 19, 19351. Tis Honorable Court convenes according to adjournment Tuesday Morn ing May 19th, 195 No 20 State vs Grover Jordon \ Wo 3 \ No 3 \State vs Blake Stewart No. 56 State en" A ? eS David McDaniels avis awa a 7 Ac % AL NOe “to =O Cinta au VS \ —5 *. i co \ ax aynew Paul Sprinklé 27 Wilson Bridges No 50 \ State \ vs Wilson Bennett No 535-B State vs Baxter Troutman No 44 \ State \ vs Jonn Lloyd Tuck peel va a a tt St et a i to SE CE a eet > pet PK et 1 at 9:30 O'clock A. M. for the dispatch of business, SEDUCTION The jury returned into open Court a verdict of guilty of Seduction as charged in the Bill of In- dic tme nt . ASSAULT WITH DEADLY WEAPON The defendant comes into open Court and through his counsel Mr H P Grier pleads guilty to Assault with deadly weapon as chargede Judgment of the Court is that the prayer for judg- nent be continued upon payment of the cost s action, en 7 ¢ FORNICATION AND ADULTERY Nol Prosed with leave ( CGERY Te defendant comes into open Court and: pleads guilty o forgery as charged. lant comes into onen Court and pleads guilty ° chargede PRAPRY Me defendant comes into open Court and ple ds guilty to forgery as charged. FORGERY defendant comes pleads guilty ¢ open Court and through his charged. The counsel + into ; GO ra op ae rlorgery as o ‘ am TRRW wt NT TARCTWN' Oo ah HDT AAKING AND sei lit Ba The defendants I L ants come into open Court to Storebreaking and larceny as charged MURDER and through his The defendant comes into open Court i counsel Lewis % Lewis téndérs the State a plea of guise ty to MANSLAUGHTER, which plea the Solicitor acceptSe the defendant be im- County for 4 work on public Judgment of the Court is that prisoned in the common jail of Iredell period of FOUR MONTHS and assigned to roadse SCKLESS DRIVING & SPEEDING - 7 through his The defendant .comes into open Court and opm counsel Lewis & Lewis pleads no$ guilty, and requ mnhocencs. that the Court pass upon his guilty or ‘ ee 4 P 4 defendant is guil- Verdict of the court is that the tY e HOUSEBREAKING AND LARCENY The defendant comes into open Court and through his e a plea of counsel Buren Jurney tenders the Stat 0 to larceny of property less than the plea the Solicitor accepts. value of $20, and pleads guilty | o. 54 tate vs Thomas McGee Le W is Albert Clark No.62 State vs EM Davis Muckelvene IN THE SUPERIOR CouRT MAY TERM 1931 Tuesday May -19 1931 HOUSEBREAKING The defendants WMuc! f ants Muckelvene Court and pleads guilty ’ the Bill of Indictment, Court and pleads not breaking a ISSUE The following jury, wc Perry, . m a Ee at R R . J L Abernathy, J L Reid, Lee Boggs, WI C Williams, and J B Cooper, were sworn and empnannélled and answer- Martin, eas McNeely, M ed the issue as Has the to the Answer: follows: defendant suffici pill No. ven and Clark come into open vO jousebreaking as charged in «ree MeGeem comes into op guilty. A ry aft being and empannelled return a Se iw te S charged in the Bill of I open guilty to house~ Indictment, mh - L Tomlig, WB Cook, Step ke ” Robt L Shoeme!} ainst him? No 6035- on civil calander- Bankers Trust Co Continued by consent vs ) This case to be calamdered as the . my 7 . ‘ wan ~~ ws 2 Ja \ City of Statesvill j the civil calander of the August Tern, Court. No. 19 § MANUFACTURING LIQUOR +o 1 * . State § The defendants come inté open Court and through their vs : J} counsel Lewis & Lewis plead not guilty. The following Van Shoemaker } jury, J C Duniap, P Godfrey, J F Rimmer, A B Godfrey, im Tr - > , - - Will McLain { C C Wand, J Clyde Thomas, C Hobbs, D Renegar, Turne Ben Brewer { Page, WC Perry, TL Tomlin and WV B Cook w counts as as tment, to-wit; This Honorable Court takes a recess until Wednesday Morning May 20th, 1931, at 9:50, A. M. reid FS Pie eee ~~ Judge Presidingand Holding Courts for 15th Judicial Dis trict nt an ee MN This Honorable Court convenes according to adjournment Wednesday Morning May 20th, \ No ° 27 \State vs Floyd Holbrooks 57 State \ \ vs ‘Will Hartness No 28 State vs E L Henderson No 64 State vs Leonard Canupp No. 36 State vs Mamie Parker No. 48 State vs Wm Branch No. 72 State - vs Jake Jeffcott No 73 State \ vx AA Jeffcoat NO 65 State \ vs John Crawford No. 6 . State \ vs Tayo Whiter IN THE SUPERIOR COURT MAY TERM 193} Wednesday May 20th, 1951. 1931, at 9:30 A. M. for the dispatch of business, ¢ ) 0 $ 0 § Q i ' oo = § t ( q : f ) 4 4 ) ] ) d 4 } 4 ( ( LARCENY Contimued for defendant on account of sickness ASSAULT WITH DEADLY WEAPON The defendant comes into open Court and through his counsel J W Sharpe and J W vanHoy pleads not guilty. The following jury, JL Abernathy, M E Godfrey, J L Reid, Lee Boges, J C McNeely, Ed Estes, M C Willdams, Robt L Shoeraker, J B Cooper, Turner rage, T L Tomlin, and W B Cook, were sworn and empannelled and returned a verdict of guilty o@ assault with deadly weapon as charged in the Bill of Indictment. ASSAULT WITH DEADLY WEAPON The defendant comes into open Court and through his counsel pleads guilty to assault with deadly weapon as charged. Judgment of the Court is that prayer for judgment be continued on condition that defendant pay $100 to the injured party and the costs this action including all cost of Sci Fa. $100.00 to be pxid now and de- fendant to give good bond to/ for payment of cost at next term of Courte ~ ROBERY 4 Nol Prosed with leav LARCENY Appeal @ismissed. And judgment of lower Court (Recordere' Court) affirmed. FORGERY Continued for defendant FORGERY The defendant comes State a plea of guilty to an attempt to comm ny, to-wit, forgery, Judgment of the Court is that the prisoned in common jail of of TWO YEARS, and assigned to work on public roads for said period. into open court and tenders the FORGERY The defendantbcomes into op the Solicitor 4 e defendant be ty for a pert ony, to-wit, forgery, which plea Judgment of the Court is tha prisoned in common jail of Irede of TWO YEARS, and assigned to work said period. LARCENY OF AUTOYOBILE 4l- The defendant comes into open Court and Pie pill ty to the larceny of Automobile as charged in of Indictment. HOUSEBREAKING AND LARCENY 4l- The defendant comes into open ; ty to housebreaking and larceny as charg of Indictment. “ge Judgment of the Cour 8 a prisoned in common jail of Iredell County att. of FIVE YEARS, and assigned to work on pu for said period a in the B 4t a felo- which plea the Solicitor accepts defendant be im- Iredell County for 4 period en Court and tanders . State a plea of guikty to an attempt to commit a an public roads for Court and pleads oan ime that the defendant perid r No. 74 State vs Claude Clark Modam Clodfelter Clarence Beckham fo 41 State vs Margin Benfield Bill Gentle Clyde Gentée Walter Duncan Wo. 66 & 71 consolidated \ State ) vs DeWitt Hinson Allen Roberts \ No. 47 \ State \U vs Willis Hagler North Carolina, Iredell County. IN THE SUPERIOR cou MAY. TERM 1931 gi Wednesday May 20, 1931 — oS ee ee ee ee oo SS STOREBREAKING AND LA R ‘ — defendants Te vy to Sborebreaki of Indictment —— Judgment of the © Clodfeiter be eeeeaces is that the defendant Modam ed in State's Prison for a period of FIVE YEARS, this sublease be 2 ee” fect at expiration of se nten : " re when he escaped i. ia. defendant was Secthan ma duet ee a. + baer ag Spare ge ec on at hard labor for a period of ——_ — ATOREBREAKING AND LARCENY The defendants Bill Gentle, Clyde Gen Duncan come into open Court and Treas rte t, srt, breaking and larceny as charged in the B&alrof Indict- ment. The defendant Benfield comes into open Court and tenders the State a plea of guilty to receiving stolen préperty knowning same to have been stolen. un- der the value of $20, which plea the Solicitor accepts. Judgment of the Court is that the defendants Bill pd yee Saget Gentle and Walter Duncan each be im- prisone n common jail of Iredell County for a period of TWO YEARS each, and assign oa ao ed to work on public roads Judgment of the Court is that the defendant Ben- field be imprisoned in common jail of Iredell County for a period of TWEEVE MONTHS and assigned to work on public roads, sentence suspended upon condition that he appear at each criminal term of court and show good pehavior. Defendant recognized in sum of $100 for his appearence at each said term. TARCENY OF AUTOMOBLIE The defendants come into open vourt and pleadz not guilty. The following jury J C Dunlap, P M Godfrey, J F Rimmer, WC Perry, A B Godfrey, C C Ward, J Clyde Thomas, C E Hobbs, A D Renegar, J E Sprinkle, W I Jolly and E M Shelton, were sworn and empannelled and return- ed a verdict of guilty tox Larceny of Automobile as charged in the Bill of Indictment. LARCENY The defendant comes into opeh Court and pleads guilty to larceny as charged in the Bill of Indictment Judgment of the vourt is that the defendant be im- prisoned in common jail of Iredell County for a period of TWO YEARS, and assigned to work on public roads ofx for said period. Superior Court, May Term 19351. Judge Walter E Moore, Presiding: We, the Grand Bury for the May Term of Irodell Superior Court, beg to make the following report: We have passed on all bills referred to us and have made returns on these to you, the Presiding Judge. The dif@erent offices in the Court House have been visited, records inspected, and found well kept,.We find the office of the County Auditor to ® be Crowded and cramped for room. We recommend that if the County Commissioners consider it feasible, that they convert the brick offices in the rear of the Court House, known as lawyer's Row, tnto suitable quarters for the County Superintenden t of Schools and thus have the present office of the Superintendent available for the use °f the County auditor. IN THE SUPERIOR COURT MAY TERM 1931 Wednesday May 20, 19351. IN THE SUPERIOR COURT MAY TERM 1932 O00 Wednesday May 20th, 1931, In view of the fact that there are at present ten ladies in the No. 57 )() NON-SUPPORT AND ABANDON : MENT te ) The defendant county's employ with offices in the Court House, and since there is nn \ta ant comes into o pri f counsel Lewis & Lewis pen Court and thr Pleads not guilt ough his y. vs vate rest room or toilet for their convenience, we recommend that this be pme Dentsei6 ' Pending trial this case the til Thursday Morning Court takes a recess un- provided. The jail was visited by the Grand Jury in a body and found to be in good condition. There were thirty-five white males, six white females , 12 colored males, and four colored females, makeing a total of fifty-seven prisoners. These reported that they were well fed and cared for. We recom- mend that a metal rail be replaced at the head of the stairs leading to the cells on the second floor. In view of the fact that insane persons are often necessarily con- fined innjail until they can be committed to the proper institution, we re- cell be provided for the proper protection of such commend that a padded unfortunates. This Honorable Court takes a recess until Thursday Morning The Grand Jury visited the County Home in a body and found the May 2lst, 1951 at 9:50 A. M. institution in good condition. Some minor repairs are now in progress. We found fifty-two inmates: thirteen white males, twenty-one white ferales, nine colored meles, and nine colored females. They report that they are Uh / / ~~ a | “e.. } well fed and kindly treated. Eicht;of these inmates are at present under Judge Presiding the care of a physician. The shpertntendent of the County Home has seven convicts in his Sot ~ a charges, six colored males and one white male. These help with the work on ock in good i {i} > the farm and around the Home. We found the following live st condition: four mles, eight cows, eight heifers, five calves, one bull, of | twenty-two hogs, and about eighty hens and two hundred young chickes. seven acres in the land under cultivation, forty acres is in wheat, twenty- corn, five acres in beans, twelve acres in oats and lespedeza, three acres in barley, and eight acres in truck garcen. The new smoke house was well filled with cured meat; twenty-seven hams, twenty-five middli ng, and eleven shoulders. We recommend that 4 new na delapidated wash-house be built to replace the shed now in use. It is i condition, not well inclosed, and should be replaced before another winter. ers found in good con= nt twenty~ The Gounty Chain Gang was visited and quart dition, and prisoners well fed and cared*for. There #re at prese nine convicts on the Chain Gang, fifteen white men and fourteen colored. All machinery and equipment was reported in good condition. Court We wisk to convey to your Honor and the personnel of this e co-operation shown our our appreciation for the courtesies and for th body in the discharge of its duties. ted ’ Respectfully submit ME Ramsey Jr- Foreman of Grand Jury No 40 | | State VS } I a Hines | c > ci Oo — oo — c ¢ e C 4 St a“ ‘ ‘ vacant, Ht e - > + i “ a — 2 . <> hot SO Oe IN THE SUPERIOR COURT MAY TERM 1931, mT a? — ° ursday May 21, 1932, 7 a IN aa die : a gl eG t convenes according to adjournment Thur ar pp . Ff Ware ad Pees Me Tor { OL Dui ie ° wae rr .¥ ATON m ND NON-SUPPORT “ . 5 . ea i ‘ " The « endant ecpines into open Court and throuch his 16 Ga eres ++ aL ¢ 34 . 4+- > 3 me ¢ a aa fy ‘Te See amen ant Seo} Collier enacr: plea of La Cor nd- : 5 O85 Bo r SA Aaefandan?} Fon nt re 5 oO r enti ren 3 i] ¢ é 19 lg r é and nmen ar 2 221, anew o 1. am re AY DY we O77 2 P ) ro ¢ ‘ ‘ 4G 9 ) rt and an ente * . y . ” ‘aia is am & 7 , o 9, = - Td ent of e Court at the defendant pay the is : = es ae 4 + l\fomnan OF f4 ne $ ee = _ 4 > mor h Oo Ck . < ope f 915 per month “¢ - tunes “A a > e? f C + Wa I Sad rré . radi ns L ~ + ¢ d a ULL , s.. ‘ + 9147 1 a“? = 4 + 4 ft aaannhe 1tb,uU hook xv a PU 2 cea . s ' Sas 5 Paya than * "1 < a f meres 4+- S » ¢ 7 4 L eu MAA Le ° . . ee ‘ « ry i € Lue a RTCA T) IRCENY ae e aan ea int en Court and leads guilty : int L i 3 BULlty . 7 - 3 1 aa * 5 Dar QD to Storebreakin and cer aC ed ir e BiLit«zot it ad Vv - =) 7 Thdictmen - o ii aa $a +hat 1 f lax } § Th) ¢ ie G 1 AIAG Une a © ake ae ar “ $42) f Tredell Count L - + o ~ e v4 4 5 . an * - aat ry 7 -) A nw pl 14 » A x. , * } = VU > S * : ' 3 aL - & rr ’ 1 T > - “ 5 5 1 a 7 sia si a Vins as and ‘ not ~ —- - 9 t : 1 P., 4° ° : + - - — ain n oe a YY f Cana © . Pe bTheS y oe 3 amy gS = vs . + Gan ~~ Wane ee ce TC MeNeclv C ‘ LCs ; 3 2 , r . ~s ao TD ft- Tan be on PR > ; is rorage, ‘ ~ « Se ie 3 3 + : y 3 R Yaale wre?T’e nN 2 t , nd Yee 1 - Cook, were ma . . a . . se ! a | aa aoe as a+ Cc “ r i ’ re + ‘ ; 1. “ar eo 1 te of the Court is that \ nt ; ag : ~ 4941 of Tredell County for 2 Pp atTY a ~ ne 1737 sded Y zt on. @ , ate ”~-s . 1 a o~ on, % 7-8 3 ake eke i ~~ r ; LU Yi + - 92 8 5 - et avy ai s. . ss 7} irther condi 1 4 © pag = a —— ts +- ° n r~ % aa t WH + on u nt : ia . 4 eo “ f - [nN ay= ot &% A ie ea - - . ay ¢ 7 1 : 2 eg 23 $ » a wv ‘ - 9 ; ry LTINVW r o Saw & - « sihakele s ~ 4 ~ ‘ cn $ Counsel Bu n —. ee 5 a | wert “Ao m=] ‘ i 7 4 5 fr ; + LU ev . o 2 . 1icitor R , he Ja Fe 7 € Ts) \ 4 + c = é ~ Qn - . OF Lm ey ° 7 & z aA t > Cad Peat . . ’ ne wr a — or] on vu Gc roat fe £ A + m2 and ( . nt - ‘ ry ANT) : c », ANI - > nn 4 $ ‘ nh r i Ly t uv i . ‘ . ie Z * - : ° me" am is Qn ; L ned i S mon j hl Pp ie & L VOUun . q , re wn +4 J OQ =z" S ‘ igned tec I ai oad : 7 2 enp +r 137 -m <r z ices suspen Lor two years pon - . . Ss . Se F° } hey be of good 1 iwieor and are now founda ‘. > ee os As on a - sas u9¢ ‘ Ad oN) aj a ‘ 4 Vv ZY ‘ aly v & . ei ‘ “Y de ition thee be oe of $25 and thelr a - * Vv w A. ose — r 2 te Bl” Se ee eee ae ach G6 0 O56 1 eLfore ru Lez erm O4 a ; e - > 4 » 999" 200,00 ndan LO i Ve pond in sum wore Jo! 0 2 TO ; i ike bead ot oe ed they have cour 10 1G they $44 AyMAen Pe Aownd l I , ‘e TTT TT l TE wa - A z 4 CL J¢ - ion } NOe i } Stat J ; 4 3 Ve ’ Wi onlas ] i = Yewls Muckels ) aT 4 ie Fi State ) a a , nn Loyd Tuck , No, Gé State ! VS if John Crawford ) 3 ! be } Bee hoo ¥ he Wa i : No. 71 t ie i . ve ) Alle rts § a May 2% nd, 193] at 9 oe STP TERM 1974 TOAD VoL r Mex ¢ ay ty» TOAMT ANT ( T - + “7 Sar 2 . mvs — y : _ a fi a ne rotor oor T “ ‘ i i ATP m4 r 9 7 a] ~ 3 » or Ta9 . 12 ' eee va Sw¢ 7 $ @ fa hie Co aDLe e230 A ? . s@ ° COAOTTIP Mm A049 Dee rf - t eo a . . AA . ao a ‘ wD a ny s ~ = “2 GU US We 1. Satan a eas . a+8 L z vu he thew ( $4 a £ - m a ‘ i UC 9% \¥ yr) yy 2 « ,OU s n 1 Prfanr re ° S ? yn a : = - Jl’e fa . 1 re an + i Be ‘i : ’ . ee 3 ) ~@ ‘ * " . a Dag t < = : .o 2 ke . . O44 <<) <a ; 4 4 * 3 ae | ry fy > = € , , 5 Oe a ° a i: Pr ; s n a % ea) . = = os - +4 % 7 T ? a * ’ Ji @ £ #4 - yy * ” 4 % . a \ be ii a D ° = f ¢ ra) - 5 ee 3 —— = i a | *y - Yo i : it i } i at | {| i iH if ti i} ¥ } a iti ag if ' at} ibhe 4 ¥ 2 i j i it he - i i i i ii i i} 1 i 9 sn tn 5 i 4 es a rec ¢ oe as J ati a s He 4 i“ | { ; ie “, ae be ri r—~ i < et Le o - eS c ay MA ia | —— ——— i Judge presiding ph '? on ee vail + OCilanes St ee 8 tM Ro SUP:RIOR COURT \a 7 mae a a Judge Presiding aaneniaal - j oa oop * 2 May eend, 19Sil6¢ a3 rAMT Ne or Aan a 3 o1 AEcCopains ¢C ~ 3 a + } Pa Le e 40% e dispatec!) 9 Or P &TRTTTON LAW + he a 7: a 4 - t of the Court is tC th a Ben Brewer eac! + edel] — € Gy iC oO Or] n nut ic fo 9 Ih nan +7 Lt L UOUL& t C rij i hn ox n faii of Vl e g nd a J > 9 i a: Ie nm anhtaA aA ~~ } he 1G ~OAe@ 1 yr a ne tai. Motion: c fp + 7 . . ¥ 1 IUge Cc Of ” “~ ryrn e ' a 1 won -. 10 ¢" ™” am V9 oo 3 ee an ; 7 ; ehe ente o . * + a 9 r Jé x Ss Le ae o-s g nee : s Th, ‘ n cr ae ‘ a Do | IN THE SUPERIOR CouRT MAY TERM 1931 Saturday May 23, 1931, This Honorable Court convenes according to adjournment Saturday Morni ng Vay 23rd 1931, at No. 79 \) State : vs Glenn Smith No e 78-A vs Yrs Matilda Smith State \ ) ) No. 78<B i State vs Mrs Matilda Smith ee SO \No. 53 ) \State vs Baxter Troutman State vs } ) } No. 7 0 Q ) n ‘ Herbert G Morriso 15 & 16 State \ vs E M Davis ee pet eco No, 23 State .- 7 Rufus Suther No. 30 | \ State 1” vs R L Bibee No, 37 State vs Will Hartness “No. BO State 9:50 A. M. for the dispatch of business. VIOLATION OF PROHIBITION LAY. The defendant comes into o:en Co urt and through hi - sel Lewis & Lewis pleads muillty to transporting and Sosdaee ing liquor which plea the solicitor accepts. : Judgment of the Court is, dnicount for transporting, de- fendant pay a fine of $100.00 and cost. on count for possess ing prayer for judgment continued for F oe” tas ocak r Four Years on payment VIOLATION OF PROHIBITION LAW The defendant comes into-open court and through hér counsel Lewis & Lewis pleads guilty to transporting and possessing liquor which plea the Solicitor accepts. Judgment of the Court is, on cofint for transporting, de- fendant pay a fine of {100.00 and cost. On count for poss- essing, prayer for judgment continued for Four Years on pay ment of the costs. VIOLATION OF PROHIBITION LAW The defendant comes into open Court and through her coun sel Lewis & Lewis pleads guilty to transporting and poss- essing liquor vhich plea the Solicitor accepts. Judgment of the Court is that prayer for judgment be continued for Four Years upon condttion defendsnt be of good behavior in all respects and further condition that she pay the costs this action. ) RECKLESS DRIVING Judgment of the Court is that the defendant pay a fine of $20 and the costs of this action. TO APPEAR AND SHOWGOOD REHAVIOR. Continued under former order DRIVING CAR WHILE INTOXICATED. Continued ASSAULT WITH DEADLY WEAPON Continued BY CONSENT FALES PRETENSE Continued for defendant T WITH DEADLY WEAPON A eauent of the Court is that the defendant be imprison- ail of Iredell County for a period of FOUR Tun. and exnigued to work on public roads, —— _ pended until next term of Court.(This sentence no = g into effect if defendant appears and shows that “ =» paid the cost of this action and paid sum of $25 to prosecuting witness Mathew Bennett GAMBLING Continued Noe 81 State vs T D Stewart No 82 State ' vs L F Nicholson No. 83 State vs J E Shuford No 84 State vs Finnie Brown No 41 State vs Bill Gentle Clyde Gentle No. 39 State vs Walter Houpe IN RE: Walter Hoppe, for Céntempt. No 6 State vs Vernon Rash a Pa TE MLD Me Oe a Se cee were EIS RRS Rat pee and Beet SE age wea TMS j I ‘ i IN THE SUPERIOR COURT MAY TERM 1931 Saturday Morning May 235, 1951 GAMBLING Continued GAMBLING Continued GAMBLING Continued GAMBLING Continked STOREBREAKING AND LARCENY Judgment of the Court is that the sentence heretofore imposed, of Two Years on roads, be suspended upon condi- tion that each of the defendants pay a fine of $25 and the costs. Defendants tecognized in sum of $100 each for their appearance at next term of court and show that sentence has been complies with. FORNICATION AND ADULTERY Judgment of the Court is that the defendant be conf ined 4n the common jail of Iredell County for a term of TWO YEARS, to be assigned to work on the public roads of the county, this sentence to take effect upon the conclusion of the 30 day sentence for contempt. Defendant moves to set the verdict aside and for a new trial. Motion overrulad. Exception. Judgment. Defendant excepts and appeals to the Supreme Court. Notice given in open Court. Further notice waived. Appeal bond in sum of $100 adjudged sufficient. Appearence bond fixed at $2500. By consent, defendant allowed 60 days to make up and serve case on appeal, the Solicitor for the State 30 days therefifter to serve countercase or file exceptions. It appearing to the satisfaétion of the Court that Walter Houpe was indicted at this term of the Court, tri ad convicted by a jury of the county; that one Everett Garris was a witness in behalf of the State and testified in the court against the said Walter Houpe; - that therefore, on the morning after the trial, the said Walter Houpe accosted the said Garris in the streets of the town and within a few hundred yards of the court house and while the court was still in session in the county, and assaulted him in a manner by words, accusing him of swearing lies, using an oath, and threatening to do him serious violemce. The Court finding these facts to be true, It is therefore adjudged that the defendant, Walter Houpe, iB in contempt of Court and is sentenced to the common of Iredell County for a term of thirty days and fined $250, and judgment is entered accordingly. TO APPEAR AND SHOW GOOD BEHAVIOR t The Solicitor at this term having prayed the sei bes : the burden being on the defendant to show his good so havior at this term of the court that he has viola ae laws, and the Court being somewhat in doubt as to Tolated he has shown sufficient evidence that he has not vm the law, the prayer for judgment is continued =. years, by consent of the defendant and his counsé are on- the conditions of the judgment heretofore imposed Mt 2 tinued for two years, and upon further condition ear at give bond in the sug of ONE THOUSAND DOLLARS to SPPie jot each criftinal term for two years and show that he violated the law. This Honorable Court takes a recess until Monday Morning May 25th, 1931, at 10:00 Ofwlock. Judge Presiding North Carolina, | Iredell County. | This Honorable Court meets according to adjournment at 10:00 IN THE SUPERIOR COURT MAY TERM 1931, SECOND WEEK Monday May 25th, 2931, In the Superior Court May Term 1931, O'clock A M Monday Morning May 26th 1951, when and where His Honor, Walter E 9 Moore, Judge Presiding and Holding Courts of the 15th Judicial District of North Carolina, is present and presiding, this the Second week at May Term, e GC Kimball, High Sheriff of Iredell County, North Carolina returned 4yto open Court the names of the following good and lawful men to serve as jurors of this Court for the second week for civil cases, to-wit: T P Mitchel F B Bunch, R A White Jr., R G Mohnson, J L Moore, W T Knox, TA Summers, AA Leach, J M Arey, A H Cooper, L W Hicks, J V Niblock, H 0 Montgomery, R C Lité tle and R F Gaither, The following were not served, WC Kyles, Ralph R Mills, Reid R Mors» rison, ge The following were excused by the Court, S F Renegar, J J Meroney, Elbert M Shelton, J M Hayes, L C Rébinson and W H Moore, \No 715- IN RE: Caveat to Will of Mrs Mary Atwell-- Continued. \599- Hi-Way Const. Co. vs Great American Indemnity Co et al-- Continued by gm No 612- North Carolina, Iredell County, | Myrtle Osborne \ WD Osborne vs A @l- JR Maynard Bros. consent. ve Stearns Bros Inc et al -- Continued by consent. In the Superior Court May Term 1951. NON-SUIT This cause coming on to be heard on regular call of the docket, the plaintiff takes a voluntary non-suit. It is therefore ordered that the plaintiff pay the costs to be taxed by the Clerk. North Carolina, Iredell County Rufus Brooks vs Elizabeth Brooks Jury sworn and empannelled lst. Has the plaintiff been a citizen North Carolina, for more than two years Walter E Moore Judge Presiding In the Superior Court May Term 1931, ISSUES andwered the issues as follows: and resident of the State of prior to the commencement of this ac- tion as alleged in the complaint? Answer: Yes * m & y a ‘y IN THE SUPERIOR COURT SECOND WEEK MAY TERM 1931, : , Monday May 25th, 1931, : HRB IN THE SUPERIOR COURT MAY TERM 1991 Second Week Monday May 25, 1931 2nd, Did the plaintiff intermarry as alleged in the complaint? Srd. Has the plaintiff been a boni fide resident of the State of @ 0 Answer: Yes North Carolina for more than five consecutive years imn 3rd. Did the defendant abandon the plaintiff as alleged in the comy ediately next pre- Mi ceding the commencement of this action, as alleged in the complaint? nt? latnt? | Answer: Yes Answer: Yes og 4th Dia@ the defendant committ adultery as alleged in the complaint? 4th. Is the plaintiff the injured party? Answer: Yes Answer: Yes 5th. Is the plaintiff the injured party? Answer: Yes North Carolina, In the Superior Court ! Iredell County. May Term 1931, Vy No 6350 a North Carolina, In the Superior Court | Eamma Wasson Roberson {4 Iredell County. May Term 1931,. vs j JUDGMENT Rufus Brooks } Frank Roberson { 4 vs i JUDGMENT This cause coming on to be heard before His Honor, Walter E ae! Elizabeth Barlow Brooks } Moore, Judge Presiding, and a jury, and the jury for their verdict having 4 . This cause coming on to be heard befire his Honor Walter E Moore, answered the issues submitted to it in favof of the plaintiff as set out Judge Presiding, and a jury, and the jury for their verdict having answered in the record. the issues submitted to it in favor of the plaintiff as set out in the record. It is therefore, considered, ordered and adjudged by the Court that It is therefore, considered, ordered and adjudged by the Court that the marriage between the plaintiff, Eamma Wasson Roberson, and the defendant y, the marriage between the plaintiff, Rufus Brooks and the defendant, Elizabeth Frank Roberson, be anf the same is hereby disolved, and they are hereby div B Brooks be and the same is hereby dissolved, and they are hereby divorced orced from the bonds of matrimony. from the bonds of matrimony. Let the costs be taxed against the plaintiff. It is further ordered and adjudged and decreed by the Court that i Service in this action was secured on the defendant by publication. the custody of Frank Roberson Jr., the issue of the said marriage be ahd <n ! the same is hereby awarded to the plaintiff, Eamma Wasson Roberson, fin this iti Walter E Moore, , Judge Presiding action. |S oe Service in this action was secured on the defendanf by publication. North Carolina, In the Superior Court Walter BH Moore : Iredell County. Judge Presiding a Emma Wasson Roberson ' 1 vs } ISSUES North Carolina, In the Superior Court Frank Roberson { Iredell County. May Term 195%. | I Tury sworn and empannled and answered the issues as follows: By Hayes, Admr of i | | L Campbell, dectd } 1 lst. Did the plaintiff and defendant intermarry as alleged in the ct ; J vs ' JUDGMENT complaint? ie qiliiem Campbell, Columbus i aieiiiaies: Saal yampbe11' anduiies Lois Gregory HP - ary Campbell and others. i Nf 2nd, Did te and a r Hi nd. Did the defendant abandon and live separate par id ete. We on to be heard before His Honor Walter E Moorg laintiff, witho ' e than five con- i pla 9 ut any fault on plaintiff's part, for mor Judge Presiding and being heard mpon the report and exceptions to the repok 1 cutive years tion, as alleged in eoyethye yours preceshing the comenetnet oF UE | of R A Collier, Referee filed by defendant D Campbell, amdMrs Lois Gregory, the complaint? Answer: Yes IN THE SUPERIOR COURT MAY TERM 1931 Second Week Monday May 25, 1931 and it appearing that by consent the plaintiff shall have and recover judg- ment against the defendants D C Campbell and Mrs Lois Gregory in the sum of THREE HUNDRED DOLLARS and the costs of this action in full sett&ement of the dower and rents and profits due the plaintiff and all matters and things in- volved in said referee's report. It is therefore, by consent ordered and adjudged that the plain- tiff have and recover of the defendants D Columbus Campbell and Mrs Lois Gregory the sum of THREE HUNDRED DOLLARS, with interest on the said sum at 6% until paid and the further sum of $ , the cost of this action includ- ing the cost and commissioner's fee in deposition and also the cost and referee's fee in the reference to be taxe& by the Clerk of this Court, Walter E Moore, Judge Presiding By Consent: Jacob Stewart & Lewis & Lewis Attorneys for plaintiff Grier, Grier & Joyner C H Dearman Attorneys for defendants. North Carolina, In the Superior Court Iredell County. May Term 1951. Louisa Hayes vs JUDGMENT } i William Campbell, D Columbus } Campbell, Mrs Lois Gregory, 4 Mary S Campbell and others. {| This causr coming on to be heard before His Honor, Walter E Moore Judge Presiding, and being heard upon the report and exceptions to the report t D C Campbell and Mrs Lois Gregory» recover judgment a- um of EIGHT of RA Collier, Referee, filed by defendan and it appearing that by consent the plaintiff have and gainst the defendants D C Campbell and Mrs Lois Gregory in the s s action in full settlement of the rents HUNDRED DOLLARS, and the costs of thi els and profits due plaintiff and all matters and things 4nvolved in said Refere report. It is therefore, by consent ordered and adjudged that the plaintiff um have and recover of the defendants D C Campbell and Mrs Lois Gregory the 8 e 18 day of May e 1931 and the further sum of $ , the cost of this action including th of EIGHT HUNDRED DOLLARS with interest on said sum from th taxed bY cost and commission's fee in deposition and also in reference to be the Clerk of this Court, E Moore 00 Walter Juage presiding By Consent: Jacob Stewart & Lewis & Lewis Attorneys for plaintiff Grier, Grier & Joyner and C H Dearman, Attorneys for defendants. IN THE SUPERIOR co SECOND WEEK MAY TERM oe 985 Monday May 85th, 1931, North Garolina, In the Superior Court Iredell County. May Term 1931 Statesville Brick Co. j iad ih JUDGME Nr j wc Moore, R F Davidson an others Executors of J A Davidson, deceased} Mrs Carrie Smith Admr of P B Smith,} This cause coming on to be heard at this term before His Honor, Walter E Moore, Judge and being heard and the plaintiff failing to appear and pro- secute its case against R F Davidson et al Executors of JA Davidson, deceas ed and against Mrs Carrie Smith, Administratpix of B P Smith, deceased and having been called out in open Court. Dt is therefore, upon motion of H P Grier and Z V Tprlington, ordered and adjudged that plaintiff's action against R F Davidson et al Executors of J A Davidson deceased and against Mrs Carrie Smith Administratrix of B P Smith, deceased be and the same is hereby non-suited and that the cost be taxed by the Clerk against the plaintiff. Walter E Moore Judge Presiding North Carolina, In the Superior Court Iredell County. May Term 1951. S H Carter vs JUDGMENT LC Cannupp trading as Canupp Motor Co, This cause coming on to be heard before His Honor, Judge Walter E Woore, and being heard and it appearing that the deferidant desires to withdraw his appeal. It is therefore ordered and adjudged that the appeal of L C Can- upp trading as the Cannupp Motor Co. be and the same is hereby dismissed and that the cost be taxed against the defendant by the Clerk of this Court. Walter E Moore, Judge Presiding ee. aes IN THE SUPERIOR CouURT SECOND WEEK MAY TERM 1931 Tuesday May 26th, 193] IN THE SUPERIOR COURT SECOND WEEK MAY TERM 1951. Monday May 25th 1931. This Honoreble Court convenes according to adjournment Tuesday ¥ : sday Morn No. 549 J E Spainhour, Admr of the estate of H A Spainhour. L B Bristol et al trading t 26th 1931, at 9:30 A. NM. f as Bristol Motor Co. 4 ing May , : - *. fot the disptach of business, ve i JURY North Carolina, ) In the Superior Court C M Bingham t | Iredell County. 9 May Term 1931, The following jury was sworn and empannelled to answer the \ Ps k j z peaks issues, as follows, to-wit: T P Mitchell, F B Bunch, FR A White,jr. RG ' JUD ; vs GMENT ton. W T Knox, T A Summers, A A Leach, J M Are A H Cooper he Johns 9 ’ ’ ’ J» per, R F Geith wH Foster, WC at ) toe ee ee ene i ' ; Pending trial of this action the court takes a recess until Tues- day Morning. This catise coming on to be heard before His Honor, Valter E Moore, Judge Presiding, and it being heard on demurrer for the reason that the facts alleged in plaintiff's complaint do not state a cause of action; and it appear / ing to the Court that the facts, as allered in the complaint, do not state a cause of action, and that the demurrer should be sustained; ‘ IT IS, THEREFORE, ordered, consigered and adjudged that the said - laintiff is allowed 30 demrrer be, and the same is hereby, sustained, and/khia xauaa mf axkian tks- This Honorable Court takes a recess until Tuesda Morning Ma days to file new co aint & r ° y . . . nizaad. and the omp tata ke ad iu Ped PY 8 RES Tait to be taxed by the Clerk. 7 26th, 1931 at 9:50 O'clock. , pict — Ve ‘ Walter E Moore ; et Ae, yy ee * Judge Presiding Judge Presiding North Carolina, In the Superior Court Iredell County May Term 1934 \ Jim Irvin R vs JUDGMENT — tc - Robt G Lassiter & Company This cause coming on to be heard and being heard at this term of the Court, before His Honor, Walter E Moore, Judge presiding, and it appearing to the court that the parties have compromised their differences by the defendant ——— = paying to the pleirtiff the sum of $500.00, and agreeing to pay the costs of & this action to be taxed by the Ulerk of the Court, in full settlement ani SOMP™ if and it fuether appearing to the Court os romise of all matters in controversy; B e and has paid the e that the defendant has complied with the terms of compromis rk of the Court 3 nd decreed that the action IT IS, THEREFORE, consiéered, adjudged 4 be, and the same is hereby, dismissed. i Walter E Moore Approved By: Judges Presiding i Giter, Grier & Joyner a Attorneys for plaintiff i Parham & Lassiter Scott & Collier, By R A Collier Attorneys for defendant IN THE SUPERIOR COURT SECOND WEEK MAY TERM 1951. Monday May 25th 1951. No. 549 L B Bristol et al trading j as Bristol Motor Coe ; vs i JURY C M Bingham ' The following jury was sworn and empannelled to answer the issues, as follows, to-wit: T P Mitchell, F B Bunch, R A White,jr. RG Johnston, W T Knox, T A Summers, A A Leach, J M Arey, A H Cooper, R F Gaith- er, L W Hicks and G C Mayberry. Pending trial of this action the court takes a recess until Tues- day Morning. This Honorable Court takes a recess until Tuesday Morning May 26th, 1931 at 9:50 O'clock. “Sf Lam a ; VWe-v—v~ — Judge Presiding IN THE SUPERIOR COUR SECOND WEEK MAY TERM 1951 Tuesday May 26th, 1931 This Honorable Court convenes according to adjournment Tuesday W ' ssday Morn ing May 26th 19351, at 9:50 A. M. fot the disptach of business North Carolina, ) In the Superior Court Iredell County. 9 May Term 1931. J P Speaks vs JUDGMENT WH Foster, W C Meadows, w B Somers, A G Hendron C F Morrison, Clem Wren and J E Spainhour, Admr of the estate of H A Spainhour. This case coming on to be heard before His Honor, Walter E Moore, Judge Presiding, and it being heard on demurrer for the reason that the facts alleged in plaintiff's complaint do not state a cause of action; and it appear ing to the Court that the facts, as allered in the complaint, do not state a cause of action, and that the demurrer should be sustained; IT IS, THEREFORE, ordered, consig@ered and adjudged that the said laintiff is allowed 36 demurrer be, and the same is hereby, sustained, and/khix xanxe ak axkikan tks- days to fil F 2 Ricans and the “OTB n BF ee Eee ed ES es Sees ae to be taxed by the Clerk. ph Walter E Moore Judge Presiding North Carolina, In the Superior Court Iredell County May Term 19354 Jim Irvin vs 4 ( JUDGMENT Robt G Lassiter & Company f This cause coming on to be heard and being heard at this term of the Court, before His Honor, Walter E Moore, Judge Presiding, and it appearing to the court that the parties have compromised their aifferences by the defendant paying to the pleirtiff the sum of $500.00, and agreeing to Pay the costs of * this action to be taxed by the Clerk of the Court, in full settlement and comp- and it fuether appearing to the Court mise and has paid the romise of all matters in controversy; that the defendant has complied with the terns of compro lerk of the Courts a and decreed that the action IT IS, THEREFORE, consi@ered, adyjudge be, and the same is hereby, dismissed. Walter E Moore Approved By: Judges Presiding Grter, Grier & Joyner Attorneys for plaintiff Parham & Lassiter Scott & Collier, By R A Collier Attorneys for defendant 987 i i ih if | Hi | Toe meee ee” . IN THE SUPERIOR COURT SECOND WEEK MAY TERM 19351 Tuesday May 26, 1951. 88 No. 720 John C Sharpe, Administrator of Luther Dalton, deceased ) } vs Q ' Carson, Sallie MOTION AND ORDER Mart Careon, Vim. Dalton, et al. Upon motion of J W VanHoy, thisz day orally made in this cause and it appearing to the Court that the University of: North Carolina is a necessary party to the proper determination of this cause; it is therefore ordered, ad jud ged and decreed that the University of North Carolina by and through its board of trustees as a body politic and corporate, be and the same hereby is, made a perty defendent in this cause. Walter E Moore Judge Presiding North Carolina, Iredell County. rp H Hicks, - *JUDGMENT J D Williams and Victoprr Morrison This cause coming on to be heard at this term of Iredell Superior Court before His Honor Walter E Moore, Judge Presiding, upon motion of Buren Jurney, attorney for the plaintiff, and It appearing to the Vourt that this cause was and appeal from a Justice of the Peace, and it further appeering that said appeal was not dock- eted in the Superior Court as is provided by law; It is therefore, ordered, adjudged and decreed that the appeal of the defendants be and the same is hereby dismissed, and it is further order- ed that the judgment of the Justice of the Peace in this cause be and the same is hereby in all respects affirmed, and it is further ordered that the cost of this action and appeal be taxed against the defendants by the Clerk of this Court. Walter E Moore Judge Presiding No § MOTION FOR REDUCTION OF ALLOWANCE or State } This cause coming on to be heard before ae per ’ vs } Judge W E Moore and being heard, it was oT. — T R Robertson § adjucged that the allowance be reduced so 85 unt vide that the defendant pay to his wife the amo tai of one-half of his wages until this order be modif IN THE SUPERIOR COUR SECOND WEEK MAY TERM a Tuesday May 26, 1931, \ LB Bristol, trading as j _\ Bristol Motor Co. j \ Plaintiff vs 4 ISSUES C M Bingham, Defendant ‘ 1. In what amount, if anything, is the defendant indebted to the plaintiff? Answer: $175.00 and interest according to contract. 2. Is the plaintiff the owner and entitled to the possession of the car described in the complaint? Answer: Yes 3. In what amount, if any, is the plaintiff indebted to the defenda ant by reason of his counterclaim? Answer: Nothing North Carolina, In the Superior Court Iredell County. May Term 1931 Beulah Jolly, Plaintiff | vs } ISSUES PU Jolly, defendant } Jury sworn and empannelled and answered the issues as folbows: 1. Were plaintiff and defendant married to each other, as alleged in the complaint? Answer: Yes 2. Has the plaintiff been a bona fide resident of the State of Norh Carolina for five years next before the bringing of this action, as alleged tn the complaint? Answer: Yes 3. Have plaintiff and defendant lived separate and apart from each other for a period of five years next preceding the bringing of this action 4 as alleged in the complaint? Answer: Yes 4, Was such separation without fault of the plaintiff, as alleged in the complaint? Answer: Yes 5. Is the plaintiff the injured party? Answer: Yes O89 ae ee ere ¢ inde ten aa st Nitin os: IN THE SUPERIOR COURT SECOND WEEK MAY TERM 19351, Tuesday. May 26, 1933 IN THE SUPERIOR COURT SECOND WEEK MAY TERM 1931, 394 Tuesday May 26, 1931, oe 590 a North Carolina, In the Superior Court, E Wallace Bros Co. Inc., oy \ vs Beulah Jolly, Plaintiff Jf I G Green, R S Webb et al trading as Co-operative ™ ! ae” Farmers Store. Iredell County. May Term 19351, P U Jolly, defendant £ The following jury was sworn This cause coming on to be heard and being heard before His Hénor, 2 oo sues, as followsy to-wit: J L Moore, J V Nibl W E Moore, Judge Presiding, and a jury at this term, and it appearing from D 1 Ca H A G411; 8 Tomlin, WB McLelland, L H York. B the original summons in said action on file in the Clerk's Office that the ° : ' » BC Howard, RM Tucker, J L < Abernathy, & T P Mitchell, “" defendant was served personally with a copy of the summons and compjfqint on 4 Pending trial of this case the Court tak | the 20th day of March, 1931, and no answer or other pleading having been es @ recess until Wednes- ; day Morning. filed by the said defendant and no appearence made at the trial by him, and more than thirty days having elapsed from the date of service of said sum- i FA mons and complaint and the date of trial; the following issues were submit- ted to and found by the jury: 2 1. Were the plaintiff and defendany married to each other as al- : leged in the complaint? Answer: Yes Thin Honorable Court takes a rcess until Wednesday Morning 2. Has the plaintiff been a bona fide resident of the State of 5 May 27th, 1931, at 9:50 O'clock. A North Carohina for five years next before the bringing of this action? , Wf “ en Answer: Yes aa. de VL 3. Have plaintiff and defendant lived separate and apart from each Judge Presiding other for a period of five years next before the bringing of this action? Answer: Yes. 4. Was such separation whthout fault of the plaintiff? | i Answer: Yes 5. Is the plaintiff the injured party? Answer: Yes IT IS, therefore, on motion of Tressie J Pierce, Attorney for plain- tiff, considered, ordered and adjudged, that the bonds of matrimony here tof fore existing between phaintiff and defendant be, and the same are dissélved and an absolute divorce is hereby granted the plaintiff. It is further adjudged, that the plaintiff pay the costs of the ' Mg action, to be taxed by the Clerk, Walter E Moore Statesville NC Judge Presiding May 26th, 1931 IN THE SUPERIOR COURT SECOND WEEK MAY TERM 1931 Wednesday May 27, 1934 Tis Honorable Court convenes according to adjournment Wednesday Morn, ing May 27th, 1931, at 9:30 A. M. for the dispatch of business. North Carolina, } In the Superior Court Iredell County. | Wallace Brothers Company vs ISSUES I G Green, and others, Trading as Co-Operative Fasmers Store. 2. Was the defendant R S Webb, a stockholders & partner in the Co-operative Farmers Store of Collettisville, N. C. at the time the account sued on was contracted? Answer: Yes 2. In what amount, if any, is the defendant R S Webb indebted to plaintiff? Answer: $963.33 with interest form March 21, 1950. North Carolina, In the Superior Court Iredell County. May Term 1931, Gracie Chambers é vs ' JUDGMENT Home Security Life Insurance Co. | This matter coming on to be heard, and being heard, and it ap- pearing that the plaintiff and defendant have settled all matters and differ- ences growing out of the above entitled action, and that the plaintiff desires to take a voluntary non-suit: IT IS THEREFORE, ordered, considered and adjudged, upon motion of Moss & Winberry, Attys., for the plaintiff, that this action is hereby dis~- missed and judgment of voluntary non-suit be entered, and the costs of this action taxed against the plaintiff. Walter E Moore Judge Presiding Approved: Moss & Winberry By C D Moss Attorneys for plaimtiff Grier Grier & Zoyner Attorneys for defendant IN THE SUPERIOR COURT SECOND WEEK MAY TERM 1931, Wednesday May 27th, 1931 North Carolina, In the Superior court Iredell Countye May Term 1931, No 57 State ] vs 4 ORDER Banks Benfieid 5 — appears to the Court, upon motion of Zeb V Long, the Solici tor of this Cour hat at this time the defendant in this cause Banks and his wife Lena Benfiled cannot agreeably live together, and it ain r ap- pearing that the said Banks Benfield, who has suimitted in this Court to the charge of Non-Support of his infant child, one Paul Benfield; and it further appearing that Floyd Beaver and L G Beaver have obligated themselves to have paid into the office of the Public Welfare of this Gounty and to her successor or successors in office the sum of at least $2.50, Two Dollars and fifty cents, per week, same to be paid into said office on or before the lst day of each mon th until the setting of the Aug. Court for Iredell County and State of North Carolina of this year of 1931, for the benefit of the said Paul Benfield, the infant child of Banks Benfield and Lena Benfield, his wife; Now therefore, it is ordered, adjudged and decreed by the Court that the said amount above set forth be paid into the office of the said Public Wel- fare officer as set forth above, and for the purposes therein stated and set forth; and it id further ordered that said Banks Benffeld the defendant here- in now be released upon his own reconnoissance to appear at the next Aug. Term of this Court, of this year, 1931 and to show that the said money has been so paid and provided for the said Paul Benfield, his infant child,‘and to further abide the orders of this Court. Walter HW Moore Judge Presiding gait ) STOREBREAKING AND LARCENY. . ¢« } Judgment heretofore entered by Cl : } for Two Years on condition that arence Beckham | behavior and pay the costs of th next berm of this Court. this Court is suspended the defendant be of good 4s action on or before the } 603- Bankers Trust Co vs City of Statesville -- Continued by consent \ “875- Mrs Daisy Redman vs Oscar R Mills -- Continued \656~ Iredell County vs M P Alexander -- Continued by consent \705= Frank Marlow et al vs J R Marlow et al -- Continued 1 710- P x Barger Lumber Co vs Bonlee Lumber Company -~ Continued by consen$ \ m2 \ne- ‘io. \ 722— \735~ JM Carlisle vs A J Beaver al- -- Continued by consent Mrs Dewey Herman vs Mildred Cowan -- Continued by consent John C Sharpe Admr. vs Mart Carson et al. -- Continued by consent HB Stewart vs Carl Morrison et al -- Continued by consnet inued by consent H O Steele vs H R Cowles, Ruben Cowles al -- Cont IN THE SUPERIOR COURT SECOND WEEK MAY TERM 1931, Wednesday May 27, 1951. IN THE SUPERIOR COURT SECOND WEEK MAY TERM 1931 Thursday May 28th, 1931 Rox y , OY5 This Honprable Court convenes according to adjournment Thursday M orn- j ing May 28th, 1951, at 9:30 O¥%clock for the dispatch of business e = = ; ISSUE North Carolina, § In the Superior Co J L McLelland and | Iredell County. 4° May Term 1931, — Thefollowing jury, F B Bunch, R.A White Jr., R G Johnston, W T Knox, The Wallace Brothers Company, | Incorporated. T A Summers, A A Leach, J M Arey, A H Cooper, R F Gaither, L W Hicks, GC | ee Te vs JUDGMENT be} & J B Sprinkle, were sworn and empannelled and answere e issue Mayberry Pp ’ : I G Greey,Fred Green, WA } ' ; lbert, Th JIM da : follows: Tolber omas oore an ~ RS Webb, partners, trading 4 What was the reasonable market value of the property laid off as a as the Co-Operative Farmers { Store, Collettsville, NC j homestead to the defendant, J L McBelland, as of June 5, 19507 Answer: $1200.00 This cause coming on to be heard at the May Term 1931 ' : dell Superior Court before His Honor, Walter E Moore, Judge, and ros Til The plaintiff, prior bo the introduction of the evidence, comes into Court and voluntary takes a non-suit in this action against two of the defendants, Thomas J Moore and WA Tolbert, It is ordered as to the said Thomas J Moore and WA Tolbert that this action be dismissed, And the cause being heard as to the defendant R S Webb and the jury having answered the issue submitted to them as follows, to-wit: "1, Was the defendant, R S Webb, a stockholder and partner in tl Co-Operative Farmers Store of Collettsville, NC at the time the account sued on was contracted? Answer: Yes Tis Honorable Court takes a recess until Thursday Morning 2eIn what amount if any, is the defendant, R S Webb, indebted to May 28th, 1931, at 9:50 @'clock. plaintiff? Answer: $963.33, with interest from Mch 2lst, 19350." ‘ And it further appearing to the Court that the defendahts, I G A —~ 5 } Green and Fred Green, have failed to file any answer raising an issue of 1 VeAAAn oe riew—- a fact for the jury and that summons and a copy of the verified complaint was personally served on them in this action on the 25th day of March, 1930, and Judge Presiding thattthe plaintiff is entitled to judgment by default and inquiry against t the said I G Green and Fred Green and the jury having answered the issue upm@ on an inquiry of the amount due in the sum of $963.35, with interest from oe March 2lst, 1930; “vy It is, therefore, ordered and adjudged that the plaintiff have judgment against the defendants, R S Webb, I G Green and Fred Green in the amount of $963.63, with interest from March 2lst, 1950, until paid, together with the costs of this action, Walter E Moore Judge Presiding Upon the coming in of the verdict the defendant moved to set the verdict aside and for a nen trial for errors assigned and to be assigned in the case on appeal, Motion denied. Defendant excepts. Judgment signed ~ appears of record, to which the defendant objects and excepts and My orey aces Supreme Court, Notice of appeal > - open Court. Further notice aived. Apeal bond of $100 adjudged suffieient. By consent, aE fistaee te allowed 60 days to make up and oer ele On appeal, the plaintiff allowed 45 days there@fter to serve countere le exceptions, IN THE SUPERIOR COURT SECOND WEEK MAY TERM 1951, Thursday May 28, 1931. 96 In the Supertor Court North Carolina, | : May Term 1931. Iredell County.} R M Tucker vs 4 JUDGMENT Paola Cotton Mills and i American Mutual Liability 4 Insurance Co... This cause coming on to be heard at the May Term, 19351, before His Honor, Walter E Moore, Judge Presiding, upom an appeal by the defendant carrier, from the award of the North Carolina Industrial Commission, and be- ing heard upon the records transferred to the Superior Court of Iredell Coun- ty in this cause by the said Industrial Commission and upon the finding of facts and conclusions of law by said Coumissions; And it appearing to the Court that there is sufficient evidence to affirm the findings of said Commission and that the injury to the plaintiff arose out of his employment with the assured; It is, thereupon, ordered and decreed that the findings and award of the North Carolina Industrial Commission heretofore made in this cause be and the same are hereby in all respects confirmed and approved. It is further ordered that the defendant carrier pay the costs. Walter E Moore Judge Presiding To the foregoing judgment the defendants except and appeal to the Supreme Court. Notice given in open court. Further notice waived. Appeal bond in the sum of $100 adjudged sufficient. By consent, defendants allowed 50 days to make up and serve case on appeal, plaintiff allowed 30 days thereafter to serve countercase or file exceptions. North Carolina, | In the Superior Court Iredell County. Jessie Eagle Knight : Plaintiff, ' Order for Alimony Pendente ‘ Lite and for the Custody i of the Chil@ren. vs Hill Knight, Defendant It appearing to His Honor, Walter E Moore, Judge holding the a pf the Fifteenth Judicial District, that a duly verified complaint was file in the above entitled action on the 8th day of April, 1931, and that —" and a copy of complaint were served upon the defendant upon the 8th day aad April, 1931; and it further appearing that the defendant has neither po be i. the complaint nor filed affidavits opposing the motion on which this or i founded; and it appearing further that five days’ notice was given to ae Griewy & Joyner, Attorneys for the defendant, that the mobion would be 1% oa duced upon which this order is founded, from the complaint and affidavits fered by plaintiff, His Honor found the following facts: 1. That plaintiff and defendant were lawfully married on i -_ day of May 1910, in the County of Iredell, State of North Carolina, 4% now husband and wife. of 2. That plaintiff has resided in North Carolina since the dage marriage on the 2lst day of May, 1910. dant 3e That for the past two years and prior to that period defen has been an habitual drunkard. 4, That the defendant has offered such indignities to the pee, of the plaintiff as to render her condition intolerable and life bur the indignities being as follows: th (a) That upon the occasion of the birth of their son Robert, on age day of October, 1927, defendant became intoxicated, laid down on intift's beside plaintiff's bed and refused to assist in ministering to pla comfort. to (b) That in the first days of September, 1930, defendant attempted push plaintiff from the rumning board of an automobile when plaintiff * and children, eight in number, ranging in IN THE SUPERIOR COURT SECOND WEEK MAY TERM 1931, Thurdday May 28, 1931 sought to accompany him in order to pro under the influence of alebhol at ths - ‘heir child, defendant being (c) That defendant threatened to aba fin apparent execution of a threat to jeeane aintireeany times and that Saturday night in December, 1930, returning the following maven one e 5. That plaintiff has been an affecti onat defendant and is fin no way to blame for the reiet cae — 6. That plaintiff 1s whthout sufficient means to maintain herself monthse age from twenty years to nine 7. That defenadnt is employed at psbene weakig Weae & $19.00, y a plywood factory and that his . 8, That defendant is not a pro children but that the plaintiff is a person to have their custody. per person to have custody of the woman of high character and a proper Upon consideration of the above facts, upon lace, attorney for plaintiff, it is ordered and a of all the children be committed to the plaintiff, It is further au and adjudged that the defendant pay into the Court, to the Clerk thereof for the use of the plaintiff, the sum of Six and 50/100 ($6.50) Dollars,’ weekly, payments to be bi-month}ly in the amount of Thirteen ($13.00) : Dollars, pendente lite, first payment of $6.50 to b a of May, 1931. . $ e made on the 30th day It is further ordered that the Clerk of Superior Court of Iredell County issue a copy of this order to be served on the defendant and that, if he attempts to assume custody of any of the children, or interfere with the control of the plaintiff over the said children, or if he fails to pay the sum above specified at the stated times, notice shall issue to him to show cause why he should not be attached for contempt. This the 27th day of May, 1931. Walter E Moore, Judge Presiding North Carolina, } In the Superior Court Iredell County j May Term 1931 Swift & Company WC Perry Jr. J D Tucker i “ } JUDGMENT | toa } and EC Perry. Defendants {| soe This cause coming on to be heard before His Honor, Walter E Moorg Judge Presiding and it appearing to the Court that the defendants have mote answered the complaint, that more than thirty days have expired since the am service of the summons and complaint upon the defendants; that the defendat i pa did not appear in court to defend the action and that defendants were cal- led and failed to answer. It further appearing to the Court that plaintiff's alleged cause of action is based “pon a written sealed instrument, which amount is cer- tain to-wit; $760.42 with interest from April 15, 1950. It is therefore ordered, considered and adjudged that rege iz recover of defendants the sum of £760.42 with interst from April 15, ’ : until paid and that defendants be taxed with the cost of this action. iz Walter E Moore, Judge Presiding 2 IN THE SUPERIOR COURT MAY TERM 1931 Thirsday: May 28, 1951 ROR IN THE SUPERIOR COURT SU SECOND WEEK MAY TERM 1932. O99 Thursday May 28, 1931, State of North Carolina, In the Superior Court North Carolina t County of Iredell May Term 1931, Tredell County. n the Superior Court Virginia Finance & Mortgage Corporation Inc, t 4 Nettie Wilcox t i \ te + vs t JUDGMENT vs ) ORDER T W Davis } David H Wilcox, Executor Wilcox, d aged. This cause coming on to be heard before His Honor Walter E Moore of A W Wilcox, deceased t Judge Presiding, and it appearing that the parties to this action have adjust. The above cause, being on the moti ea their differences and fixed the amount of the plaintiff's recovery at $150, 4 Term of the Superior Court of Iredell County, ty ae 7 ie es from the pleadings filed therein that said suit was br It is therefore considered, nahh and adjudged that the plains of having the Court construe and interpret the will Tt he ee . tiff, The Virginia Finance & Mortgage a er Te inc. of Lynchburg, Va., re- and for directions and instructions to the Executor and Trustee thereunder’ cover of the defendant T W Davis ts ™ ae - —— rhe the 18th day of as to the payment to the plaintiff im the above-entitled action of certain | a May ~931 until paid and the costs 0 s action to be taxed by the Clerk, funds from the estate for her maintenance and support, and it appearing to er the Court from an inspection of the will that under the terms of said It is further ordered and adjudged that the notes involved in upon the death of the plaintiff in the above entitled Ppa Sa this controversy be surrendered to the Ulerk, who shall mark on the same, of the principal of the trust fund created under said will 4s to be divid- Judgment May Term, 1951. ed and distributed among the children of the testator, to-wit, David H j Walt E Wilcox, Will, Wilcox, Vance Wilcox, John Wilcox, Inez Wilcox Clodfelter, 4 alter E Moore Minnie Wilcox Hudspeth and Mary Wilcox Jones, and that said persons have 4 By Consent: Judge Presiding not been made parties to the above-entitled action, and the same being nec- 4 essary parties thereto; Turner, Moss & Winberry ; By CD Mosse Now, therefore, upon motion of Manly, Hendren & Womble, attorneys Attorneys fpr plaintiff for the defendant, Executor and Trustee under said will, it is ORDERED, ' DECREED and ADJUDGED that summons be issued and placed in the hands of the Buren Jurney : Sheriffs of the several counties in which said parties reside, together Attorney for defendant with a copy of the complainy and answer heretofore filed, and be served up- on all of the said parties. And it further appearing to the Court that sine the death of the said testator Minnie Wilcox Hudspeth has died, leaving State of North Carolina, In the Superior Court three minor children, to-wit, Mildred Hudspeth, billie Hudspeth,and Jack County of Iredell Hudspeth, all of Winston-Salem, North Carolina, who reside with their fathe er, W R Hudspeth; First National Bank of § y, Statesvilie, NC i No, therefore, it is ORDEKED that the said WR Hudspeth, being Plaintiff found a fit and suitable persén, is appofinted Guardian for said minor child P vs j JUDGMENT ren to protect thetr interests in this cause, and it 4s ORDERED that sum- mons and a copy of the pleadings be served upon the said W R Hudspeth, J C Brookshire & Sons Ince j Guardian for said minor children. Defendant It further appearing to the Court that said Mary Wilcox Jones has This cause coming on to be heard at this term of Court before His benn adjudged incompetent and is confined to the hospital at Morganton, Honor, Walter E Moore, Judge Presiding, upon appeal from the Clerk of the Sup~- North Carolina, and that David H Wilcox has qualified as her guardian, it erior Court of Iredell County, and it appearing to the Court that said appeal 4s ORDERED that summons and a copy of the pleadings be issued and served : should be dismissed. upon the said David H Wilcox, Guardian for Mary Wilcox Jones. a iy It is, therefore, ordered, adjudged and decreed by the Court that the Tis the 28th day of May, 1931. ory appeal of the plaintiff be, and the same is dismissed. And it is further or- , dered, adjudged and decreed that John L Milholland, Clerk of the Superior Cour Walter E Moore ; ae be and he is hereby authorized, 4nstructed and directed to immediately return Judge Presiding ae and deliver to-the defendant, J C Brookshire and J C Brookshire & Sons Ince, or their attorneys, all the books, records, papers, stocks, notes, mortgages | or other papers or records held by the said John L Milholiand, and impounded No 729 or attempted to be impénuded by said Clerk in the above entitled cause. J C Brookshire & Sons Inc. } ; Plaintiff Walter E oe | vs } JURY Judge Presiding JD Williams, Defendant {| f T P Mitchel if The followi ury, J L Moore, J V Niblock, R M Tucker, No 711 F B Bunch, H 0 jones C Howard, J L Abernathy, T A Summers, A H Coop State of N C and oe er, R F Gaither and GC Mayberry were sworn and empannelled. ia Pekan a ~ i Pending trial this action the court takes a recess un riday t Morning, I vs t ISSUE ~ ‘ Charlie McLelland i This Honorable Court takes a recess until Friday Morning May rk The following jury, J L Moore, J V Nobjack, R C Little, b Fox 0 ~ RM Tucker, TP Mitchell, F B’Bunch, R A White Jr., RG Johnson, W 7 Se i - oe pee” ogee attr Bc A A Leach & J M Arey were sworn and empannelled and answered the issue as Gt A Wr lows: ara child Judge Presiding 29th, 193%, at 9:30 O'clock. Is the defendant, Charlie McLelland, the father of the bast of Sallie Lou Duncan? - Answer: Yes IN THE SUPERIOR COURT MAY TERM 1951 Friday May 29, 1931. This Honorable Court convenes according to adjournment Friday Morn, ing May 29th, 1981, at 9;50 O'clock for the dispatch of business, North Carolina, In the Superior Court Iredell County. May Term 1931. L B Bristol and H Cowles Bristol, } trading as Bristol Motor Coe, Statesville N C : vs ; JUDGMENT C M Bingham, Boone N C t Tis cause coming on to be heard, and being heard by His Honor, Wal- ter E Moore, Judge holding the Courts of the Fifteenth Judicial District, and a Jury, and the following issues having been submitted to the jury, and answered by the jury as herein set out, viz: 1. In what amount, if anything, is the defendant indebted to the plaintiff? Answer: $175.00 and interest according to contract. 2. Is the plaintiff the owner and entitled to the possession of the car described in the complaint? Answer: Yes 3. In what amount, if any, is the plaintiff indebted to the defend- ant by reason of his counterclaim? Answer: Nobhing IT IS THEREFORE, ORDERED, CONSIDERED and ADJUDGED: 1. That the plaintiffs, L B Bristol and H Cowles Bristol, tradivg as the Bristol Motor Company., recover from the defendant C M Bigham the sum of $175.00 together with interest on the same as follows, to-wit: Interest on $105.00 from the 28th day of July, 1938; interest on $35.00 from the 30th day of August, 1928; interest on $35.00 from the 14th day of September, 1928 interest from the above date at the rate of 6 per cent per annum until paid amd the costs of this action to be taxed against the defendant. 2. That the plaintiffs are enfitled to the immediate possession of the following described property, to-wit; One Pontiac Cabriolet Automobile, Motor #P-166487, Serial #154216, and upon refusal of the defednant to sure render said property the Clerk of the Superior Court of Iredell County shall issue a writ of possession to the Sheriff of the County wher said property 4s located and said Sheriff shall take possession of said property and place the s&me in the possession of the plaintiffs of the commissioner hereinafter appointed. 3. That the mone udgment aforesaid is declared a specific lien on a tbed in the the said Automobile above described and being the property descr complaint in this action. and that C. B. Winberry, be arid is horeby appointed as commissioner to sell said property,after due advertisement as q required by law, to the highest bidder, for cash, and to apply the proceeds from said sale as follows: (1) To the payment of the expenses of said sale, including the usual ten per cent commission to the commissioner for said sale, (2) To the payment of the principal sum of $1'75,00 and interest thereon recovered against the defendant in this action, (3) To the payment ° the cost of this action, (4) The balance, if any, remain, to be paid to the Glerk of the Superior Court of Iredell County for distribution to the de- fendant or to whomever may be entitled to the same. determine what were 4. That this action be retained on the docket to t de- plaintiff's damages for deterioration and detention of said property i livery of said property to the plaintiffs can be -hade WALTER E. MOORE, Judge presiding. oner- Defendant moved to set the verdict aside and for a new trial. bend ruled. Exception. Judgment. Defendant ob§ects and exce ts and appeals Supreme Court. Notice given in open court. Further notice waived. App bond in the sum of $100 adjudged sufficient. By consent, defendant cle 60 days to serve case on appeal, and plaintiff allowed 30 days there to serve countercase or file exceptions. IN THE SUPERIOR Cour MAY TERM 1931 . | peointed commf§sToners by thi J ¢ Brookshire & Sons Ine, f Plaintiff { vs } ISSUE J D Williams, Defendant } What amount, if any, is the da a the plaintiff? , , efendant, J D Williams, indebted to Answer: The amount of the note plu s inte 3 three dollars and Pitty cael. rest less the credit of North Carolina, In the Superior Court, Iredell County. May Term 1931 | J C Brookshire & Sons, Inc., { vs JUDGMENT Rich Wood and wife, Mary E Wood and J D Williams t This cause coming on to be heard and being heard at thi ng > this ter of Iredell Superior Court before his Honor, Walter E Moore, Judge iecatting and a jury and the jury having answered the issues submitted to them in favor of the plaintiff as will appear from the record, It is therefore ordered, adjudged and decreed by the Court that the plaintiff, J C Brooksjire & Sons, Inc. recover of the ietinank, JD Wil- liams, the sum of $902.50 together with interest on said amount from October 24th, 1929 until paid,. It is further ordered that the cost of this action be patdtby defendant, J D Williams as taxed by the Clerk of this Court, Walter E Moore Judge Presiding North Carolina, | In the Superior Court Iredell County. } May Term 1951. Jj ¢ H Gant JC McLelland and J L ) { vs t JUDGEMENT ( McLelland. t This cause coming on to be heard at this term of Superior Court of Tredell County upon exceptions filed by the plaintiff as to the homestead al- lotted to the defendant, J L McLelland, and being heard before His Honor, Walter E Moore, Judge Presiding, and a jury, and the jury having answered the issues submitted to them by the court, placing and find the value of the homestead allotted to the said J L McLelland at $1,200.00, as set out in the Court that YEW Soo a is therefore ordere adjudge th _M) u Pi” Y Yprack Whe, and they are hereby , and pees our are authorized and directed by the ' urt to meet upon the premises of the said J L McLelland and to cut off from he homestead heretofore allotted to éaid J L M@Lelland, and found by the Jury to be of the value of $1,200.00, at lot of land so as to leave the home- Stead of the value of $1,000.00, and the value of the lot cup from said home- Stead $200.00, in accordance with the verdict of the jury in this cause, and 88 provided by law. thorized and directed to file . dance with the t of Iredell th Said commissioners are further @& eir reporb showing the division of said homestead in accor _ above @éreet&dns in for Cour the office of the Clerk of the Superior | goon ty within ten days after the adjournment of this Court. It 1s further or- | ered that each party pay his own witnesses and that the court cost be paid Sne-half by —_—" and one-half by defendant J L McLelland. WALTER E. MOORE Judge Presiding IN THE SUPERIOR COURT MAY TERM 1931 602 North Carolina, In the Superior Gourt Iredell County. May Term 1931. James L Miller Jr., a minor, { by his Friend & Father, { Plaintiff vs { JUDGMENT j i Fammers! Warehouse and Oil Defendant Mills Ince Tis cause coming on to be heard at the May Term, 1951, of the Iredell Superior Court, and being heard before the undersigned presiding Judge upon the evidence sworn and introduced in this cause, and the father of James L Miller, Jr., having bean present in court in person and having been sworn and testified, and the minor plaintiff himself having been present in Court for the purpose of observation by the Court, and the doctor who treated the plain- tiff, having been sworn and testified in this cause, The Court, after an examination of said witnesses, finds as a fact that the settelment of this case by the plaintiff and defendant, asagreed to, viz, that the defendant will pay to the minor plaintiff, the sum of One Thousand Dollars and the costs of this action in full settlement of the in- juries to the minor phaintiff, is not unreasonable or prejudicial to the rights of said minor plaintiff, hut that after a full investigation and with the con- gent and approval of the plaintiff's father and Next Friend, that the said settlement is fair and reasonable, That the plaintiff and his Next Friend are fully advised of their legal rights and approve the settlement. It further be- ing made to appear to the Court that the defendant has paid to the plaintiff's father all medical and fospital bills incurred on account of the injuries to the plaintiff and that Dr G W Taylor, who attemded the plaintiff's injuries, has advised the plaintiff and the Court of the nature and the probable con- sequences of the plaintiff's injuries, It is, therefore, ordered and adjudged that the plaintiff recov- er of the defendant the sum of $1,000.00 and the costs of this action to be taxed by the Clerk of this Court. WALTER E. MOORE Judge Presiding In the Superior Court North Carolina, } May Term 1931. Iredell County. } Isidore Wallace vs TUDGMENT WC Perry, Jr,,and wife I M Perry, J C Brookshire, J A Perry and P M Dowell. OC > Ce This cause coming on to be heard at this term of Superior Court of Iredell County, and being heard, and it appearing to the Court that the de- fendants are justly indebted to the plaintiff in the sum of $800.00, vege with interest form the 23rd day of April, 1930, until paid, said sum being ar) by a promissory note of the defendants, WC Perry Jr., and wife I M Perry; . endorsed by the defendants, J C Brookshire, J A Perry and P M Dowell, and 1 further appearing that the defendants, J A Perry and J C Brookshire, cian y answer, and the defendants, WC Perry Jr. and wife I M rerry, and P M Doweit, did not file and answer: It fis therefore ordered and adjudged by the Court that the pleintift recover of the defendants the sum of $800.00, together with interest on oes sum from the 23rd day of April, 1930 until paid, and the costs of this an to be taxed against said defendants by the Clerk of this Court. It is fur aa ordered and adjudged that the liability of the defendants, W.C Perry Jr aoe wife I M Perry, is primary and the liability of the other defendants is 8 ondary. WALTER EB MOURE BY CONSENT: Judge Presiding Lewis & Lewis Attorneys for plaintiff Tumner, Moss & Winberry Attorneys for defendants, J A Perry and J C Brookshire REE IN THE SUPERIOR COURT MAY TERM 1931, North Carolina, In the Superior Court Tredell County. Mey oPerm’.1931 First National Bank of Statesville NC Plaintiff vs ORDER J C Brookshire and wife Effie Brookshire, H omer L Brookshire 0 A Murdock and wife HZ B Mur- dock, J A Perry and wife, Mrs JA Perry, and J C Brookshire & Sons, Ince Defendants. This cause coming on to be heard at the May Term, 1951 of the Iredell Superior Court before His Honor, Walter E Moore, Judge Presiding and it appearing to the Court that it has been agreed by both plaintiff and defend ants that the Restraining Order signed by Walter E Moore on the 14th day of May, 1931 shall continue in force until the final hearing of this cause. It is therefore ordered and adjudged that this cause be continued until the final hearing. Walter E Moore, Judge Presiding \ Zo IN RE: \ Walter Houpe for Contempt On account of much importunity of friends of Walter Houpe they stating that his confinement in jail for 50 days at this time will cause him to loose his wheat crop, which if true, would cause a more severe penalty than was intend- ed by the Court when judgment was entered, it is therefore ordered that the judgment heretofore entered in this case be reduced from 30 days in jail to 15 days in jail and fine from $250.00 to $200.00. No 55 } FORGERY \ State The defendant recognized in sum of $100.00 to make his \\ _ vs | personal appearence at the August Term of Superior Court j 1931 and show that he tssapplying himself to some gain- ' Robert McBride ful @mployment and that he is making payments on his costs. No 58 FORGERY \ State he Court is that the dentence heretofore Judgment of t imposed, be stricken out and that the defendant be impris- oned in common jail of Iredell County for a period of SIX MONTHS, ams assigned to work on public roads for said vs Charlie Parker period. Ze. 59 | FORGERY State ; Judgment of the Court is that the sentence heretofore vs i imposed be stricken out and that judgment be suspended Charlie Parker for two yearse No 20 ER \ State ' gy to the Court that the defendant has paid be { to Homersell Sturghill, the girl who he saduced the sum Grover Jordon | of $300.00; It is therefore ordered and adjudged by the Court that theatsentence heretofore imposed be stricken dgment be continued for two vince A poe gent cote ie ies his action. Defendant to ears upon payment of the costs t tare wads bass term of this Court tn which to pay said cost. sew SS ET IN THE SUPERIOR COURT MAY TERM 1931 as North Carolina, Iredell Countye In the Superior Court May Term 19351 To His Honor, Walter E™% Moore, Judge Presiding: I, Zeb V Long, Solicitor of this the Fifteenth Judicial District, beg to report that I have at this term of the Court examined and inspected the administration of the office of Hon. John L Milholland, Clerk of the Superior Court of Iredell County; that the office appears to be administered in all rege pects in compliance with the laws governing the conduct of said office and in a most highly commendable and satisfactory way. Approved: 704- 727- 488- 533- 657- . 670= 685- 688- 691- , 694- 697 = ~ 700- Respectfully, submitted, Zeb V Long, Solicitor Walter E Moore, Judge Presiding. Greever-Lotspeich Mfg Co vs Mooresville Ice Cream Co -- Continued by consent Fannie K Groome vs City of Statesville -- Continued by consent Mary A Allison Admrx vs Hall Hosiery Co. -- Continued W L Pope et al vs Pope Tire & Battery Co -- Continued under formerrorder. Geo D Buist Recve vs L B Leonard - - Continued WD Turner et al vs Armfield Veneer Co, Continued under fromer order $ J Holland et al vs Statesville Buick Co -- Continued Roy Lowrance ét al vs Statesville Hudson Co. Continued Federal Home Investéng Co vs D B Stearns et al -- Continued General Talking Pictures Corp vs Electrical Research Products- Continued E W Hones, Recv vs Smiles C Burgess --~- Continued Iredell County vs Commercial National Bank -- Continued IN THE SUPERIOR COURT MAY TERM 1931 North Carolina, } In the Superior C Iredell County. } ° ours May Term 1931, MC Williams and wife, Anna B Williams vs JUDGMENT First National Bank of Statesville, N. C- This cause coming on to be heard at the May Term, 19351, of th Superior Court of Iredell County, North Carolina, before Hon. Walter E aos Judge Presiding, upon the pleadings and admissions of the parties, the Court’ finds the foltowing facts: + ’ 1. That the plaintiffs on the 10th day of March 19351, were the owners of a judgment against LB Bristol, H C Bristol and J B Roach for $26,507.01 with interest from August lst, 19350, recorded in judgment docket 29, page 84, of the records of the Clerk of the Superior Court of Iredell County, North Carolina. 2. That on the 10th day of March, 1931, the plaintiffs borrowed of the defendant the sum of $2,000.00, and executed to the defendant a note therefor due thirty days after date, which note is in the words and figures as setuout in the answer of the defendant, and at the same time executed the following transfer on the judgment docket containing the judgment for 826,307.01, set up in the preceding finding of acts: "Me foregoing judgment is hereby transferred and assigned to the First National Bank of Statesville, North Carolina, as security for a note executed by M C Williams and wife, Anna B Williams, to said First National Bank in the sum of $2,000.00, dated the 10th day of March, 1931, and as security for any renewal or renewals thereof. This 10th day of March, 19351 (Signed) M C Williams Anna B Wiliiams." 3. That thereafter when said note for $2,000.00 became due on the 9th day of April, 1931, the plaintiff requested the defendant to renew said note which the defendant offered to do if the plaintiffs would include in the renewal of said note a note for $1,350.00 executed by L B Bristol and wife Mary Cowles Bristol, to the defendant, and endorsed by the plaintiff, M C Williams, and a note for $2,000.00, executed by L B Bristol and wife, Mary Cowles Bristol, to the defendant, and endorsed by the plaintiff, M C Williams and C A Turner, both of said notes being dated January 18, 19351, and due sixty days after date. The plaintiffs refused to include the two said notes in any renewal of the $2,000.00 note executed by them to the defendant, and thereupon the defendant declined to renew said note. That there was nothing said between the plaintiffs and the defendant about including the two notes of L B Bristol and wife in the collateral note for $2,000.00, executed by the plaintiffs to the defendant at the time the said note was executed on March 10th, 1931. That nothing has been paid on the two notes endorsed hy MC Wiliiams, the face value of same being due. 4. That ther6after the defendant advertised the judgment of the plaintiffs against L B Bristol et al for sale on the 21st day of April, 1931, and on the 18th day of April 1951, the plaintiffs tendered to the defendant the sum of $2,003.54, being the amount due by the plaintiffs to the oer ne ant on said $2,000.00 note, executed by them to the defendant, in oo of said note and interest, which the defendant and there upon the plaintiffs paid sathd amount into Court to make good their tander, which amount is still in the hands of the court. Upén the foregoing facts, the Court being of the opinion that the tender of the $2,006.34 Gr echarged znd extinguished any right, or lien rg - defendant in or to the judgment of the plaintiffs against L B Bristol e : 9 and that. the plaintiffs are entitled to have the transfer of said judgmen Cancelled of record: ' said transfer be, and it is here It is now ordered and adjudged the” laintiffs the said note by cancelled and that the defendant surrender th the p Loge ?000+005 executed by the plaintiffs to the defendant dated March 10th, ib IN THE SUPERIOR COURT MAY TERM 19351 IN THE SUPERTOR COURT OG MAY TERM 1931 Friday May 29th,1931. 07 It is further ordered and adjudged that the defendant be and it is hereby permanently restrained from transferring or assigning the. said note to any person, firm or corporation, and from making any sale of said judgment thereunder. It is further ordered and adjudged by the Court that the plaintiffs be and they and each of them are hereby restrained and enjoined from transferring incumbering, or in any way interfering with the judgment of M C Willdams and wife, Anna B Williams, against L B Bristol, HC Bristol and J B Roach for $26,307.01, with interest from August lst, 1950, recorded in Judgement Dock. et 29, page 84, of the records of the Clerk of Superior Court of Iredell Coun- ty, North Carolina, until the final determaination of this action. It is further ordered and adjudged tha* the d«fendant pay the costs of this action, to be taxed by the Clerk. Walter E Moore, Judge Presiding The defendant exeepts to the foregoing judgment and appealed to the Supreme Court. Notice of the appeal given and accepted in opn Court. Appeal bond fixed in the sum of $100900. By consent the defendant is allowed 45 days within which to make and serve case on appeal, and the plaintiffs 350 days thereafter to serve countercase or exceptions. Walter E Moore Judge Presiding. In the Superior Court North Carolina, } May Term 1931 Iredell County. M C Williams, and wife, Anna B Williams { 4 vs { ORDER L B Bristol, H C Bristol 1) and J B Roach q This cause coming on to be heard upon the report of sale by the Commissioners and it appearing to the Court that there is another action pending on the appeal to the Supreme Court involving rights in the judgment in this cause wherein M C Williams and wife, Anna B Williams, are plaintiffs and the First National Bank of Statesville, North Carolina, 4s defendant, it is, therefore, ordered and adjudged that the motion for confirmation of the sale in this action be and is hereby continued to await the decision of the Supreme Court on said appeal. Walter E Moore Judge Presiding No.658 J P Speaks vs NOTICE OF APPEAL WH Foster, WC Meadows, WB Somers, A G Hendron C F Morrison, Clem Wren and J E Spainhour, Admr of the estate of R A Spainhour. The defendant excepted to the foregoing judgment as 7 out in the record and appealed to the Supreme Court. Notice of the opp Oo0 given and accepted in open Court. Appeal bond fixed in the sum of $10 no By consent the defendant is allowed 35 days within which to make and pur case on appeal, and the plaintiff 30 days thereafter to serve countere of file exceptions. \ \ |North Carolina, t In the Superior Court 'fredell County. } May Term 1931. | State Ex Rel Sallie Lou Duncan } vs ) JUDGMENT Charlie McLelland j This cagse coming on to be heard at this term of Superi Court @f Iredell County, and being heard before His Honor, Walter E a Judge Presiding, and a jury, and the jury having convicted, or found that the defendant was the father @f the bastard child of Sallie Lou Duncan, as set forth in the affidavit: ’ It is therefore ordered and adjudged by the Court that the defendart pay Sallie Lou Duncan the sum of $200.00, as provided by law, together with the costs of this action to be taxed by the Clerk of Court. It is further ordered and adjudged by the Court that the said defendant, Charlie McLelland, be confined in the common jail of Iredell County, North Carolina, until he shall comply with this judgment, or be otherwise discharged according to law. WALTER E MOORE Judge Presiding North Carohina, } In the Superior Court Iredell County. | May Term 1931 Director General of Railweads of United States j } vs ) JUDGMENT OF COMPROMISE AND NON-SUIT j Cleveland Manufacturing Company This cause coming on to be heard, and being heard at this term of the Court, before His Honor, Walter E Moore, Judge Presiding, and it ap- pearing to ths Court that the parties have compromised their differences by the defendant executing and delivering to the Director General of Railroads its note in the sum of $150.00, dated May 25th, 1951, and due sixty days afger date, endorsed by WF Thompson, and agreeing to pay the costs of this action to be taxed by the Clerk of the Court, in full settlement and compro~ mise of all matters in controversy; and it further appearing that the defend- ant has complied with the terms of compromise, and has paid the costs of the action, as taxed by the Clerk of the Court; IT IS, THEREFORE, considered, adjudged and decreed that the action be and the same is hereby, dismissed. Walter E Moore Judge Presiding Approved By: Grier, Grier & Joyner Attorneys for Plaintiff WD Turner Attorney for defendant BRAT RS EEE Be ea IN THE SUPERIOR COURT MAY TERM 1931 It is further ordered and adjudged that the defendant be and it is hereby permanently restrained from transferring or assigning the said note to any person, firm or corporation, and from making any sale of said judgment thereunder. It is further ordered and adjudged by the Court that the plaintiffs be and they and each of them are hereby restrained and enjoined from transferring incumbering, or in any way interfering with the judgment of M C Willdams and wife, Anna B Williams, against L B Bristol, H C Bristol and J B Roach for $26,507.01, with interest from August lst, 1950, recorded in Judgement Dock- et 29, page 84, of the records of the Clerk of Superior Court of Iredell Coun- ty, North Carolina, until the final determaination of this action, It is further ordered and adjudged that the d«fendant pay the costs of this action, to be taxed by the Clerk. Walter E Moore, Judge Presiding The defendant exeepts to the foregoing judgment and appealed to the Supreme Court. Notice of the appeal given and accepted in opn Court. Appeal bond fixed in the sum of $100900. By consent the defendant is allowed 45 days within which to make and serve case on appeal, and the plaintiffs 350 days thereafter to serve countercase or exceptions. Walter E Moore Judge Presiding. North Carolina, } In the Superior Court Iredell County. May Term 1931 M C Williams, and wife, Anna B Williams ( : vs { ORDER L B Bristol, H C Bristol b) and J B Roach 4 This cause coming on to be heard upon the report of sale by the Commissioners and it appearing to the Court that there 4s another action pending on the appeal to the Supreme Court involvéng rights in the judgment in this cause wherein M C Williams and wife, Anna B Williams, are plaintiffs and the First National Bank of Statesville, North Carolina, is defendant, it is, therefore, ordered and adjudged that the motion for confirmation of the sale in this action be and is hereby continued to await the decision of the Supreme Court on said appeal. Walter E Moore Judge Presiding No.658 J P Speaks vs NOTICE OF APPEAL WH Foster, WC Meadows, WB Somers, A G Hendron C F Morrison, Clem Wren and J E Spainhour, Admr of the estate of R A Spainhour. The defendant excepted to the foregoing judgment as oe out in the record and appealed to the Supreme Court. Notice of the apper. given and accepted in open Court. Appeal bond fixed in the sum of $1006 By consent the defendant is allowed 55 days within which to mak case on appeal, and the plaintiff 30 days thereafter to serve of file exceptions. * e and serve countercase ~— | North Carolina, | “fredell County. } IN THE SUPERIOR COURT MAY TERM 1931 Friday May 29th,1931. 8 607 In the Superior Court May Term 1931, ' state Ex Rel Sallie Lou Duncan } vs ) JUDGMENT Charlie McLelland j This cagse coming on to be heard at this term of Superior Court @f Iredell County, and being heard before His Honor, Walter E cas. Judge Presiding, and a jury, and the jury having convicted, or found that the defendant was the father @f the bastard child of Sallie Lou Duncan, as set forth in the affidavit: It is therefore ordered and adjudged by the Court that the defendart pay Sallie Lou Duncan the sum of $200.00, as provided by law, together with the costs of this action to be taxed by the Clerk of Court. It is further ordered and adjudged by the Court that the said defendant, Charlie McLelland, be confined in the common jail of Iredell County, North Carolina, until he shall comply with this judgment, or be otherwise discharged according to law. WALTER E MOORE Judge Presiding North Carohina, ]} In the Superior Court Iredell County. } May Term 1931 Director General of Reilzeads of United States NT ND NON-SUIT JUDGM OF COMPROMISE > j } vs j Cleveland Manufacturing Company Tis cause coming on to be heard, and being heard at this term of the Court, before His Honor, Walter E Moore, Judge Presiding, and it ap- pearing to the Court that the parties have compromised their differences by the defendant executing and delivering to the Director General of Railroads its note in the sum of $150.00, dated May 25th, 1951, and due sixty days after date, endorsed by W F Thompson, and agreeing to pay the costs of this action to be taxed by the Clerk of the Court, in full settlement and compro- mise of all matters in controversy; and it further appearing that the defend- ant has complied with the terms of compromise, and has paid the costs of the action, as taxed by the Clerk of the Court; IT IS, THEREFORE, considered, adjudged and decreed that the action be and the same is hereby, dismissed. Walter E Moore Judge Presiding Approved By: Grier, Grier & Joyner Attorneys for Plaintiff W D Turner Attorney for defendant ees Uae 2S ox So nee -~o NORTH CAROLINA, IREDELL COUNTY. C. H. GANT, | vs. | HOMESTEAD AND PERSONAL J. L. McLELLAND | PROPERTY EXEMPTION. I, J. L. Lentz, D.S. sheriff of Iredell County, have this day summoned L. O. Morrison, to the said J. L. of said appraisers is a diser County. MeLelland, his homestead and personal property exemption. Each eet person and qualified to act as a jumr in said This the 3rd day of June, 1930. J. L. Lentz, Dicws Sheriff. APPRAISERS! RETURNS. The undersigned, hav of the homestead and personal property exemption of J. L. hcLelland af Statesville Township, Iredell County, by J. L. Lentz, D.S. Sheriff of said County, in the case of C. H. Gant vs. J. L. MeLelland do hereby make the following return; We have viewed and appraised tue homestead of the said J. L. Nctelland and the dwellings and buildings thereon, owned and occupied by the said J. L. hicLelland, as a home- stead which we valued at $1000.00. Said homestead adjoins the lands of D, hat. Thompson School lot, and others and is bounded as follows: on the north by the school lot on the Kast by Oak Street, on the South by the Miller Est. on the lest by rear land of lot the dividing line to run north and south five 5 feet west of house and nearnest home, and is exempt from sale under execution, according to law At the same time and place we viewed and appraised, at the value annexed, the following articles of personal property, selected by the said J. L. iclelland, to wit: Automobile valued at 3150.00 Carpenter tools and box valued at $75.00 Other personal property valued at 310.00 One note, held against, E. k. Brady for 4200.00 wearing apparel valued at 320.00 which we declare to be a fair valuation, and the articles are exempt from sale under said execution. We hereby certify, that we, are not related by blood or marriage to the judgment debtor or the jugment creditor in tug above entitled action, and have no interest, near or remote, in the above homestead or personal property exemption. hands and seal, this the 3rd day of June, 1930. Given under our ha } T. O. Morrison, (SEAL) | W. B.uibson (SEAL) Be C. Howard (SEAL) The above return was made anc subscribed in my presence, the 3 day of June, 1930. VAs: | je a CE y Megglet typ 'S Lhe rkig COW Klan P Mae Cog Get (fo J. Le Lentz, De S. yg lil ib + arty egh ty Ah? Aowleee cof a Sherif? of 1redell County. WL Me. f+ Meck A af ko — Vir, Ctrt1 2 d/ / YX fate Meewescr< e (Ftv 7 ae e 2 Yh fie 24 -“y "I 7 NOrth Carolina ALL, @ I In the Superior Court Iredell County “e Y ; Before the Clerk C. H. Gant ee J. C. MeLelland and Je Le licLelland REPORT OF COMMISSIONERS et PN pec TO JOHN L. I.ILHOLLAND CLERK G SUPzxIOR CUURT OF IREDELL COUNTY: We, the undersigned commissioners appointed by the Superior Court of Iredell County, and pursuant to the judgment in the above entitled cause, beg leave to report that in accordance with said judgment, and after being duly PS | - on the premises of the defendant, J. L. Mebelland, on the 10th day of July, ’ and proceeded to lay off and cut from the homestead heretofore allotted to the said J. L. McLelland, the following described lot of land, to-wit: BEGINNING , at a stake, the D. Matt Thompson School and J. Le hicLelland's cormr Oak Street, and running with Oak Street about 10 feet to a stake; thence abou South 67 West with the rear end of the North porch so as not to include any bn the of the wall on the house to the end of the said porch, and then extending ¢ the end of the porch through the house five feet beyond the said house to line ° lot cut from the homestead and described in the report of the commissioners or hence with said line oral appraisers when the homestead was heretofore allotted; t : ; ), Matt Thompson School about North 20 West about 10 feet to the line of the Dé fe the beginning corners Wee perty; thence with said line of said school property t Place the value of this lot at $200.00. itted as This the 10th day of July,1931. Respectfully subm ’ ' G. C. McGiney —_-_———— W. Ue Perr * almare Adams mann “Commissioners lo wle ate ste she ste sie gle ate ale ste ste le oh she ste ate ale ste ale ste ste ste alc ate aie oie ste se ste a'¢ Bic HK IK ye ok Ne sie she he SE BIC 35 BIC BK DIK IK BIR BIS AIS IE FS AE AE AK EAS Oe Me IS IE BE BIS BE BK AE AE AE AE OP 8 aS AK W. B. Gibson and B. C. Howard, as appraisers, to lay off and assigh i : i ing been duly sumaoned and sworn to act as appraiserg | NORTH CAROLINA, IREDELL COUNTY. C. H. GANT, | ; VS. i HOMESTEAD AND PERSONAL Je Le McLELLAND i PROPERTY 2XEMPTION. I, J. Ll. Lentz, D.o. sheriff of Iredell County, have this day summoned L. 0. Morrison, W. B. Gibson and B. C. Howard, as appraisers, to lay off and assi to the said J. L. MeLelland, his homestead and personal property exemption, Bach" of said appraisers is a discreet person and qualified to act as a jurmr in said County. This the 3rd day of June, 1930. Dede RRR, +>. SRO APPRAISERS! RETURNS. j The undersigned, having been duly sumaoned and sworn to act as appraiserg of the homestead and personal property exemption of J. L. hcLelland af Statesville | Township, Iredell County, by J. L. Lentz, Ds. Sheriff of said County, in the case | of C. H. Gant vs. Jd. L, lucLelland do hereby make the following return; We have viewed and appraised t.ie homestead of the said J. L. MebLelland and the dwellings 1 and buildings thereon, owned and occupied by the said J. L. MeLelland, as a home- stead which we valued at *1000.00. said homestead adjoins the lands of D, hat. | Thompson School lot, and others and is bounded as follows: on the north by the school lot on the Last by Oak Street, on the South by the Miller Est. on the West by rear land of lot the dividing line to run north and south five 5 feet west of house and nearnest home, and is exempt from sale under execution, according to law) At the same time and place we viewed and appraised, at the value annexed, | he following articles of personal property, selected by the said J. lL. j.cLelland, | o wit: Automobile valued at $150.00 Carpenter tools and box valued at $75.00 ther personal property ralued at 310.00 One note, held against, E. k. Brady for 200.00 wearing apparel valued at 320.00 which we declare to be a fair valuation, nd the articles are exempt from sale under said execution. We hereby certify, that we, are not related by blood or marriage to the in tig above entitled action, and have no judgment debtor or the juguent creditor ! interest, near or remote, in the above homestead or personal property exemption. this the 3rd day of June, 1930. ie Vv ihe G ~ U ~ a) a Given under our hands and seal, T,. O. Morrison, (SEAL W. B.cibson (SEAL) B. C. Howard (SEAL) the 3 day of subscribed in my presence s 7 4 y 3 The above return was made anc ; / J > : 7 a Ge Lae sent, 7 June, 1930. 9 (i- 7 22.5 MOG Steer ’ pp hs rete J 4 : - 2 : R dee, a Cows aie” J. L. Lentz, Vs Oe = : Sherif? of iredell County. Che ¥LE {C1 LD, 4 . ; ow SAF ; 2 ‘oe 4 weg h¥ ALG 4 eas teed ou. re > Ale“ vis o SE UMb a bg heed cate 7 Spt? Vi 11 tZtcc 44/ =~ Actt hh 4 one A fe Ga 2 4 a NOrth Caroliné Oe ee In the Superior Court Peres. Sere ina WA ¥ UEC Ev in th supers or i Iredell County ot ae Before the Clerk | C. H. Gant VS. J. C,. MeLelland and J. L. lhcLelland REPORT OF COMMISSIONERS TO JOHN L. I,ILHOLLAND CLERK GF SUPsaTon CUURT OF IREDELL COUNTY: We, the undersigned commissioners appointed by the Superior Court of Iredell County, and pursuant to the judgment in the above entitled cause, beg leave to report that in accordance with said judgment, and after being duly wt - on the premises of the defendant, J. L. iebelland, on the 10th day of July, ’ and proceeded to lay off and cut from the homestead heretofore allotted to the said J. Le McLelland, the following described lot of land, to-wit: Matt Thompson School and Je Le hieLelland's oe e Street about 10 feet to a stake; thence ea North porch so as not to include any the extending and then co 1ame of the BEGINNING , at a stake, the D. Oak Street, and running with Oak South 67 West with the rear end of the of the wall on the house to the end of the said porch, end of the porch through the house five feet beyond the said house “ or lot cut from the homestead and described in the report of the commissioners appraisers when the homestead was heretofore allotted; thence with sai z OL pro- about North 20 West about 10 feet to the line of the D. Matt Thompson S¢ ner Wee perty; thence with said line of said school property the the beginning ¢° a Place the value of this lot at $200.00. d : This the 10th day of July,1931l. Respectfully submitte®s G. C. NcGiney ————— We eee as a almare AG AMS nee “Commissioners ‘ ate ate ote ste te 3K se atc she oc ale ate ae afc as Bs Bs SK AS AC 3 ste Bc ae BIE A AK EAS AE le ale ate ate ale ste si ole ate se ate 2 Ng Bie BHC BHC BIE DIS D)S IC BIS DK IK BK IE 31S OS 2. North Carolina, In the Superior Court Tredell County. Statesville Industrial Bank had JUDGMENT ! ! DR Gibbs, WA Gibbs and I WL Freeman i This cause coming on to be heard before me on Monday, May 18th 1931, upon the verified complaint of the plaintiff and it appearing to the Court that the summons herein and a copy of said complaint wag duly served upon WA Gibbs and WL Freeman on April 15th, 19313 An@ it appearing that this action is instituted for the recovery upon a note of the defendants, executed by the defendants to the Statesville Hudson Company, and transferred by that Company, to the Statesville Indus trial Bank, said note being for $267.00 with interest from July 10th, 1930; and al- so for the recovery of one Hudson Brogham, Number 381508, title to which was retained by said note, And it further appearing that the defendants have hot filed any answer within the time allowed by law and that the plaintiff is entitled to judgment by default final for the principal sum of said note and interest thereon and for the possession of the personal property described in the com- plaint; It is, therefore, ordered and adjudged that the plaintiff recover of the defendants the sum of $267.00 with interest from July 10th, 1930, at the rate of six per cent per annum and all costs of this action, It is further ordered and adjudged that the plaintiff recover of the defendant one Hudson Brogham, Number 581508, title to which was retained by said note, It is further ordered that, if the defendants shall fail to de- liver said Hydson Brogham to the plaintiff, that executhon issue therefor under this judgment, John L Milholland, Clerk Superior Court, North Carolina, | In the Superior Court Iredell County, } Before the Clerk First National Bank of Statesville, NC JUDGMENT As to 0 S Munday, f N Gilleland, 4 { § vs j Hartley, 08 Munday, GDkLyles, JA Eidson, J R Starrett, ' t MC TN Gilleland, G D Lyles, and J P Watts. J A Eidson, J R Starrett and J P Watts, This cause coming on to be heard, and being heard before the un- dersigned Clerk of the Superior Court of Iredell County, North Carolina, on this Monday, May 25th, 1931, at it appearing to the Court that on April 16th 1951, plaintiff caused a summons to be issued out of this court against the above named defendants in this action, and at the time filed in this officea duly verified complaint, and it further appearing that on the 2lst day of April, 1931, a copy of the summons, together with copy of the duly verified complaint, was served on the defendants, 0 S$ Munday, TN Gilleland, G D Lyles, J A Eidson, J R Starrett and J P Watts; and it further appearing that this is an action against each of the defendants named herein, as endorserd of a certain promissory note, under seal, of MC Hartley, in the sum of $250.00, dated November 15th, 1930, due hinety days (90) after date; and it further appearing that there is now due on said note the sum of $250.00, with inter- est thereon from February llth, 1931; and it further soitaniinins that each of the defendants named herein duly endorsed said note before delivery to the plaintiff, and that more than thirty days have elapsed since the service of said summons and complaint on the defendants, 0 § Munday, TN Gilleland, G D Lyles, J A Eidson, J R Starrett and J p Watts, and that neither of said de- fendants have appeared and answered or demurred, or otherwise plead to said complaint within the time allowed by law; oo IT IS, THEREFORE, Considered, adjudged and decreed that the plain- tiff recover of the defendants, 0 5 Munday, T N Gilleland, @ pD Lyles, JA s Eidson, J R Sterrett and J P Watts, jointly anda Severally, the sum of $250.00 John L Milholland, Clerk Superior Gourt, FON tb ey ete ye Bib ve ae a In the Superior Court North Carolina, Iredell County. Before the Clerk, nia Trust Company, i v virginia Corporation, Plaintiff ; vs ( JUDGMENT As to D F McKinnie, Maude s D F McKinnie, Maude S McKinnie, McKinnie, Malcolm McKinnie Malcolm McKinnie, Etulytud P McKinnie, and Etulyud P McKinnie and C Stimpson, @ Defendants, This cause coming on to be heard, and being heard before the un- dtrsigned Clerk of the Superior Court of Iredell County, North Carolina, on this Monday, June lst, 1951, at it appearing to the Court that on April 20th, 1951, the plaintiff caused a summons to be issued out of this Court against the above named defendants in this action, and at the same time filed in this sf office a duly verified complaint; and it further appearing to the court that on April 25th, 1931, a copy of said summons, together with a copy of said comp- Plaint, was duly served on the defendants, DF McKinnie, Maude 3 McKinnie, Malcolm McKinnie and Etulyud P McKinnie; and it further appearing that this is an action against each of the defendants, as endorsers of a promissiog note under seal of the Spot Cash Company, Inc., in ths sum of $20,000.00, dated Yecemaber 20th, 1929 and due on October iSth, 19303 and it further appearing to the Court that each of the defendants duly endorsed said note before deliv- ery to the plaintiff, and that more than thrity days have elapsed since the service of said summons and complaint on the defendants, D F McKinnie, Maude 8 McKinnie, Malcolm McKinnie and Etulyud P McKinnie, and that neither of said defendants have eppeardd and answered, demurred or otherwise plead to said Complaint within the time allowed by law; and it further appearing to the Court that the defendant, C Stimpson, has filed answer in this cause; IT,is, THEREFORE, considered, adjudged and decreed that the plain- tiff recover of the defendants, DF McKinnie, Maude Ss McKinnie, Malcolm McKin~ nie, and Etulyud P McKinnie, jointly and severally the sum of $20,000.00, with interest from December 20th, 1989, until paid, at the rate of 6% per annum, to- gether with the costs of this action to be taxed by the Clerk of this Court, It is further ordered and adjudged that as to the defendant, C Stimpson, this cause be retained until further orders, ™ John L Milholland, Clerk Superior Court He ttt ne a He Sb th ete teae Nor th Carolina, {| In the Superior Court Iredell County, } Before the Clerk First Bational Bank of Statesville, NC JUDGMENT As to 0 S Munday, TN Gilleland, ' } f vs i Hartley, 08S Munday, | G DkLyles, JA Eidson, J R Starrett, { 5 Gilleland, G D Lyles, and J P Watts. Eidson, J R Starrett J P Watts, This cause coming on to be heard, and being heard before the un- dersigned Clerk of the Superior Court of Iredell County, North Carolina, on this Monday, May 25th, 1931, at it appearing to the Court that on April 16thi 19351, plaintiff caused a summons to be issued out of this court against the above named defendants in this action, and at the time filed in this officea duly verified complaint, and it further appearing that on the 2lst day of Appil, 1931, a copy of the summons, together with copy of the duly verified complaint, was served on the defendants, 05 Munday, T N Gilleland, G D Lyles, J A Eidson, J R Starrett and J P Watts; and it further appearing that this certain promissory note, under seal, of MC Hartley, dated November 13th, of $250.00, with inter- est thereon from February llth, 1931; and it further appearing that each of said summons and complaint on the defendants, 08 Munday, T N Gilleland. G D ’ Lyles, J A Eidson, J R Starrett and J p Watts, and that neither of said de-~ fendants have appeared and answered or demurred, or otherwise plead to said complaint within the time allowed by law; Gr IT IS, THEREFORE, considered, adjudged ana decreed that the plain- tiff recover of the defendants, os Munday ’ TN Gilleland, G p Lyles, JA Eidson, J R Starrett ana J P Watts, jointly ana Severally, the sum of $250.00 John L Milholland, Clerk Superior Gourt,. North Carolina, In the Superior Court Iredell County. Before the Clerk, inia Trust Company, Lyiveinia Corporation, Plaintiff vs JUDGMENT As to D F McKinnie, Maude s Malcolm McKinnie, Etulyud P McKinnie, and Etulyud P McKinnie and C Stimpson, 2 Defendants, This cause coming on to be heard, and being heard before the un- dtrsigned Clerk of the Superior Court of Iredell County, North Carolina, on this Monday, June lst, 1931, at it appearing to the Court that on April 20th, 1951, the plaintiff caused a summons to be issued out of this Court against the above named defendants in this action, and at the same time filed in this sf office a duly verified complaint; and it further appearing to the court that on April 25th, 1931, a copy of said Summons, together with a copy of said comp- plaint, was duly served on the defendants, DF McKinnie, Maude 3 McKinnie, Malcolm McKinnie and Etulyud P McKinnie; and it further appearing that this is an action against each of the defendants, as endorsers of a promissiog note under seal of the Spot Cash Company, Inc., in ths sum of $20,000.00, dated Yecemaber 20th, 1929 and due on October 15th, 19303 and it further appearing to the Court that each of the defendants duly endorsed said note before deliv- ery to the plaintiff, and that more than thrity days have elapsed since the service of said summons and complaint on the defendants, DF McKinnie, Maude 8 McKinnie, Malcolm McKinnie and Etulyud P McKinnie, and that neither of said defendants have eppeardd and answered, demurred or otherwise plead to said complaint within the time allowed by law; and it further appearing to the Court that the defendant, C Stimpson, has filed answer in this cause; 7,18, THEREFORE, considered, adjudged and decreed thet the plain- tiff recover of the defendants, DF McKinnie, Maude $ MeKinnie, Malcolm McKin- nie, and Etulyud Pp McKinnie, jointly and severally the sum of $20,000.00, with interest from December 20th, 1989, until paid, at the rate of 6% per annum, to- gether with the costs of this action to be taxed by the Clerk of this Court, It is further orderea and adjudged that as to the defendant, C Stimpson, this cause be retained until further orders, a John L Milholland, Clerk Superior Court H \ a a LE North Carolina, the Superior Court Iredell County. Mary E Tharpe, Executrix of the Estate of Chas C Tharpe, Decd, a JUDGMENT E E Shaver and wife}; Blanche Shaver Tis cuase coming on to be heard before John L Milholland, Clerk of the Superior Court of Iredell County, North Carolina, upon the veri- fied complaint of the plaintiff, Mary E Tharpe, Executrix of the estate of Chas, C Tharpe, deceased, and other pleadings filed in this cause, and It appearing to the Court that the summons in this action was issued on the 27th day of April 1931, and returnable not later than thirty @ days thereafter, and It further appearing to the Court that said summons and a verified copy of the complaint filed in this action was served on the defendant, E& E Shaver, and on the defendant, Blanche Shaver on the «« day of April, 1951, by reading to each of said defondants said summons and said verified dai tsndlh and by deaving!with each of said defendants a copy of said cummons and a copy of said complaint; It further appearing to the Court that said defendants failed to file an answer or demurrer to said complaint within the time prescribed by law, and It further appearing to the Court that this is an action brought vy the plaintiff against the defendants on a note in the sum of $750.00, ex- . i ? ecuted on or about the 2nd day of June 1928 by the defendants, E E Shaver and Blanche Shaver, payable to Chas C Tharpe, deceased, and 9 It further appearing to the Court that said note was secured by a deed of trust of even date of said note by the defendants /W A Bristol, Trustee, which deed of trust conveyed certain lands as described in the peti- tion and in said deed of trust and was also secured by a chattel mortgage by hic which was conveyed certain personal property, a description of which was set out in the complaint, and Tt further appearing to the ‘Court that the plaintiff at the time of the commencement of this action caused this court to issue claim and de liver r y proceedings for the personal property as described in the chattel mor- tgage, after giving bond ag ired by law, and e. 4 ’ It furth 4y er appearing to the Court that the defendants are indebt- ed to th © plaintiff in the sum of $750.00 with interest thereon from the 2nd day of J o une 1928 until paid, interest to be computed annually, amounting on ’ this the 2nd da ay of June 1931 to $810.00, with interest at 6% to be computed annually from this date, and tt further appearing to the Court that the plaintiff is entitled to a specific lien on the real estate described in daid deed of trust as "Pirst tract" containing thirty acres, more or less, and is entitled to a specific lien on or against the personal property described in said chattel mortgage and in said complaint to the end that said property may be sold and this claim and the cost of the action may be satisfied in full; It is therefore ordered, adjudged and decreed by the Court that the plaintiff recover of the defendants the sum of $810.00 with interest thereon from the 2nd day of June 1931 until paid, and for the cost of this action to be taxed by the Court; It is further ordered, adjudged and decreed by the court that this judgment be and shall constitute a specific lien on that certain tract of land described in daid deed of trust and in the complaint as the "“rirst tract containing thirty acres, more or less, and a specific lien against all of the pewsonal property described in said chattel mortgage and in said complait It is further ordered and adjudged by the Jourt that execution is-~ sue to the sheriff of Iredell County commanding him to take possession of the persona property and deliver the same to WA Bristol, who is hereby ap- pointed by the court as commissioner to sell said property and said real estate after due edvertisement as required by law at public auction to the highest bidder for acsh or upon such terms as he may see fit and apply the proceeds from the sale of same to the discharge and satisfaction of this judgment and the cost of the action so far as it will go; It is further ordered, adjudged and decreed that if said property above mentioned does not bring a sufficient amount af said sale to satisfy this judgment and the cost of the action, or if for any reason the above des- cribed pprsonal property can not be hand then it is ordered and adjudged that execution issue to the sheriff of Iredell County to satisfy sum remaining due on said judgment out of any other personal property and real estate belonging to the said defendants. This the 4th day of June 1931. John L Milholland, Clerk Superior Court. S56 45656 SSE SRE SE ie oe RR REE North Carolina, In the Superior Court Iredell County. Montgomery Ward & Company, $ vs 0 JUDGMENT M J Rickert { Mis cause coming on to be heard before John L Milholland, C SC. of Iredell County, North Carolina, upon the verified complaint of the plain- tiff and other pleadings filed in the cause, and It appearing to the Court that this is an action brought by the plaintiff against the defendant to recover from the defendant the sum of $126,45 due the plaintiff by the defendant for merchandise sold and deliver- ed to the @efendant by the plaintiff, to-wit: ONE RADIO SET AND SPEAKER, which said merchandise was sold and delivered to the deferidant by the plain- tiff on a conditional sale contract, the title to said property to remain in the plaintiff until said property be paid for in full; It further appearing to the Court that summons in this action was 4ssued on the 20th day of April 1931 and served on the defendant M J Rickert on the 20th day of Apr#l 1951 by reading to said defendant said summons and a verified copy of the complaint filed in the action, and by leaving with said defendant a copy of said summons and a copy of said verified complaint, and that the said defendant @s now properly in court, and It further appearing that at the time of issuing said summons the plaintiff caused to be issued from this court claim and delivery proceedings for said property, after giving bond as required by law, and It further appearing to the court that the defendant has not answ- ered or demurred to the complaint of the plaintiff within the time prescribed by law, and \ It further appearing to the Court that the defendant is indebted | \ to the plaintiff in the sum of $126.45 with interest thereon from the first day of March 19351 until paid, and It further appearing to the Court that the plaintiff is entitled to a specific liean against the above described personal property to the end that this claim and judgment and the cost of this action be satisfied in full; It is therefore ordered, adjudged and decreed by the court that the plaintiff recover of the defendant the sum of $126.45 with interest thereon from the ist day of March 1931 until paid amd for the cost of this action to be taxed by the court, and It is further adjudged by the Court that this judgment be and am shall constitute @ specific lien on the following described personal pro- perty; ONE RADIO SET AND SPEAKER} It is further ordered and adjudged by the Cowt that execution 4ssue to the sheriff of Iredell County commanding him to take said person~ hereby ty and deliver the same to W A Bristol, who is/appointed by the al proper court @ commissioner to sell said personal property at public auction to the highest bidder for cash after due advertisement as required by law and apply the proceeds from the sale of said property to the discharge and sat- 4sfaction of this judgment and the cost of the action so far as it will go; Tt is further ordered and adjudged by the court that if the awove mentioned personal property does not Bring a sufficient amount at said sale to satisfy this judgment and the cost of the action, or if for any reason the above described pevsonal property can not be had than in such event execution shall issue to the @heriff of Iredell County to satisfy any re- maining sum due on said judgment out of any pther personal property of the defendant and if there be not sufficient personal property to satisfy any remaining sum due on said judgment and cost then out of the real estate belonging to the said defendant. Tis 4th day of June, 1951. John L Milholland, Clerk Superior Cotrt State te Btathe Seditbeodie Se 3-5 3¢ ICR OWN AK we nt ot an naka bh te Seles IE North Carolina, In the Superior Court Iredell County. E W Jones, Receiver of the dq Commercial National Bank of i Statesville, NC ! vs ‘ JUDGMENT J B Hall. t + This cause coming on to be heard before me on Monday, June 15th 1931, upon the verified complaint of the plaintiff and it appearing to the Court that the summons herein and copy of the said complaint was duly served upon the defendant on May llth, 1931; And it further appearing that this action was instituted by the pleh tiff against the defendant for $2500.00 with interest from June 30th 1028, @ on account of a stock assessment against the defendant on twenty-five shares of stock owned by the defendant at the time of the failure of the Commercial \ \ A National Bank of Statesville, North Carolina, subject to a credit of $400.00 on October 26th, 1928, $400.00 on November 19th 1928, and $400.00 on January 3rd, 1929, as set out in plaintiff's first cause of action; Ana it further appearing that this action was also for the recovery upon three notes due the plaintiff by the defendant, one of said notes being for $1000.00 with interest from June 28th 1928, one of said notes being for $2500.00 with interest from June 15th 1928, subject to an offset of $236.50 on April 18th 1928, and one of said notes being for $2500.00 with interest from April 1st 1928, all of which is set out in plaintiff's second cause of action; And it further appearing that the defendant has not filed an answer within the time allowed by law and that the plaintiff is entitled to judg- ment by default final; It is now ordered and adjudged that the plaintiff recover of the de- fendant the sum of $1369.77 with interest from January Srd, 1929, for the balance of the stock assessment in plaintiff's first cause of actione It is further ordered and adjudged that the plaintiff recover of the defendant the sum of $1000.00 with interest from June 8th, 1928, and the sum of $2263.50 with interest from June 15th 1928, and the sum of $2500.00 with interest from April lst, 1928, for the balance due on the three notes fmm plaintiff's second cause of action, It is further ordered and adjudged that the defendant pay the cost of this action to be taxed by the Clerk, John L Milhollizand, Clerk Superior Court North Carolina, In the Superior Court Iredell County. E W Jones, Receiver of the Commercial National Bank of Statesvillé NC o JUDGMENT C L Cruse and G L Crowell This cause coming on to be heard before me on Monday, June 15th, 1951, upon the verified complainy of the plaintiff and it appearing the Court that the sugmons herein and copy of said complaint was served up- en the defendants more than thirty days prior to this date and that the ac- tion is instituted for the recovery of the sum of $700.00 with interest from Pebruary Srd, 1928, upon a note executed by the defendants to the Commercial National Bank of Statesville, North Carolina; 3 And it further appearing that the defendants have not filed an answer time allowed by lew and that the pleintiff is entitled to judgment within the by default final gor the principal sum of said note and interest. y It is, therefore, ordered a ndants the sum of $700.00 with interest from Bebruary 3rd 1928, and all nd adjudged that the plaintiff recover of the defe costs of the action to be taxed py@the Clerk. John L Milholland, Vlerk Superior Court North Carolina, In the Superior Court Tredell County. Commercial Credit Company 7 vs JUDGMENT Rowland Lyerly and Mrs J A Conner i Tis cause coming on to be heard, and being heard, before His Hon- or, John L Milholiand, G6lerk of Superior Court, Tredell County, Bndtit appear ing to the Court that this was an action brought for the recovery of One Crys-~ ler Coupe 1928 model, Serial No CC574S, Motor No. 219719, — sum of $356.80, with interest thereon from the 8th day of August, 1950, from the de- fendant, Rowland Lyérly, and it appearing to the Court that summons was issued in the’above entitled cause on the 7th day of May, 1931, and that at the time of the issuance of said summons a duly verified complaint was filed in this of- fice, and that a copy of the complaint, together with a copy of summons was served on the defendant, Rowland Lyarly, on the 7th day of May, 1931, and that the defendant gave bond in order to retain the said property and that Mrs J A Conner signed said bond; and it further appearing to the Court that no answer or demurrer or other pleading has been filed in this cause on or before this, the 15th day of Jume, 1931; that the time for answerang, @emurring or otherwise pleading to said cause has now expired and 4t further appearing to the Court that the plaintiff is entitled to the relief demanded in the complaint; NOW , THEREFORE, it is considered, ordered and adjudged that the plaintiff recover of the defendant the sum of $556.80, with interest thereon 2m from August 8th 1930; until paid, at the rate of 6% per annum, together with the costs of this action to be taxed by the Clerk of Court. It is further con- sidered, ordered and adjudged that an execution issue for the recovery of said automobile and that said automobile be advertised according to lew and the proceeds derived from said sale be applied towards sabisfattion of this judguet and in the event said automobile cannot be had that the plaintiff recover of the defendant's bondsman,’Mrs J A Conner, the penel gum of said bond, and that said bondsman be discharged after the sum of $350.00, which was the value of said car at the time of the execution of said bond, has been paid, John L Milholland, Clerk Superior Court 2796, 36 9% oe se 36 34 St 9494 Ie ESS Ce Bh eee ts ot ote oe oe oe MseTee BN BBW ING North Carolina, In the Superior Court Iredell County, Before the Clerk Dallas A Shafer Co Inc., Plaintiff \ vs JUDGMEN®? OF NON-SUIT G. & M. Bervice Station, Inc, Defendant This cause coming on to be heard and same being heard by the Clerk of the Superior Court of Iredell County, WS Bogle, Attorney for the above named plaintiff moves the said Court that the plaintiff Dallas A Shafer Co, Non-Suit, Parties, Therefore, it is ordered, adjudged and decreed that the plaintiff DallaseA Shafer Co Inc. be and is hereby granted a Judgment of Non-Suit, This the 13th day of June, 1931, / Dallas A Shafer Co Ine, By WS Bogle John L Milholland Attorney for Plaintiff Clerk Superior Court of Iredell County, North Carolina, } In the Superior Court Before the Clerk ' Webb Receiver of Sterling veut Mills, Incorporated, Plaintiff } Iredell County. | ve t JUDGMENT . ey L Stephens, trading and do- t cae babtapes under the stf¥le and [ firm name of Stephens Wholesale Company, Defendant t This cause coming on to be heard before the undersigned Clerk of Superior Court for Iredell County, North Carolina, upon the verified complaint of the plaintiff, and being heard, and it appearing to the Court that summons was issued in this cause on the 13th day of May, 1931 and at the same time the plaintiff filed in this office his duly verified comp- laint, and it appearing to the Court that summons was duly served on the defendant, as required by law, on the 15th day of May, 19351, and that more than 50 days have elapsed since the service of said Summons; that the de- fendant has neither appeared, amswered or demurred to the complaint of the plaintiff, and that the plaintiff is now entitled toa judgment by default final, and it appearing further that Ww E Webb is the duly appointed receiy- er of the Sterling Flour Mills, Incorporated, a North Carolina corporation; and it appearing further that this action was brought to recover payment to recover payment of two certain trade acceptances as follows:- An acceptance for $4,300.00, dated October 17, 1927, accepted October 24, 1927, and due 60 days after date, with interest thereon at the rate of 6% per annum from December 17, 1927, until paid, An acceptance for $4,300.00, dated November 1, 1927, accepted November 10g 1927, and due 60 days after date with interest thereon at the rate of 6% per annum from January 1, 1927, until paid, And it appearing to the Court that the defendant os further in- debted to the plaintiff in the sum of $385.75 with interest thereon at the rate of 6% per annum from October 19, 1927, until paid, and the sum of # $546.50 with interest thereon at the rate of 6% per annum from November 22, 1927, until paid, said sums being due for goods contracted for by the adutaa defendant and delivered by the plaintiff as set forth in said complaint by itemized statement, And it further appearimg to the Court that demand has been made Upon the defendant for the payment of said debts, but that the only pay-~ mentsmade thereon were $100.00 paid May 22, 1928, $200.00 paid July 5, 1928 and $2,000.00 paid Oot 10, 1980 by delivery of. a6 shares of stock of the Stephens-Howard Corporation of the par value of $2,009.00, and it further “ppearing that there is now due and justly owing to the plaintirr by the man DD tee Fe em elitelied i Yan He aa a oe age eek posh nw defendant the sum of $8,602.88 with interest thereon from October 10% 1930, until paid, at the rate of 6% per annum, IT IS, THEREFORE, ordered, adjudged and considered that the plaintiff recover of the defendant the sum of $8,602.88 with interest there- on from October 10, 1930, until paid, and for all the costs of this action, This the 22nd day of June, 1951. John L Milholland, Clerk Superior Court for Tredell County, NC North Carolina, In the Superior Court Iredell County. Before the Clerk W E Webb, Receiver of Sterling Fléur Mills, Incorporated, Plaintiff vs JUDGMENT J A Sykes, Brodie Sykes and Julian Sykes, trading and doing business under the firm name of J A Sykes & Sons. Defendants, This cause coming on to be heard before the undersigned Clerk of Superior Court for Iredell County, North Caroliga, and being heard upon the verified complaint of the plaintiff, and it appearing that summons was issued in this cause on the 14th day of May, 1931 and duly served on all of the defendants on the 15th day of May, 1931 by reading and delivering a copy of same together with a copy of the complaint, which was filed inz this office on the 14th day of May, 1931 , and it appearing that more than 50 days have elapsed since the service of said summons and neither of the defendants have appeared, answered or demurred to the pleintirrts complaint and are now in default, and it appearing that the plaintiff was duly appoint- ed receiver of the Sterling Flour Mills, Inc., a North Carolina corporation and it appearing further that this action was brought for the payment of an account due the Sterling Flour Mills, Incorporated by the defendant part~- ners, according to the itemized statement attached to said ociapaatnlin the amount of $225.70; and it appearing that demand has been made upon the de- fendants for the payment of same but that payment has been refused; and it . ; appearing further that there is due and justly owing the plaintiff by the defendants the sum of $225.70 with interest thereon from October 10 1928, until paid, at the rate of 6% ver annum, 22. i S, THEREFORE, ordered, considered and adjudged that the pt plaintiff recover of the defendants the sum of $225.70 together with inter- eat thereon from October 10, 1929, until paid, at the ’ rate of 6 er annum and all costs of this action, , r This the 22 day of June, 1931, John L Milholiland, ae Clerk Superior Court North Carolina, $ In the Superior Court Iredell County. i Carolina Petroleum Marketing Company ws § JUDGMENT OF NON-SUIT Frederickson Motor Express Corporation Q This cause coming on to be heard before John L Milhollamd, Clerk of the Superior Court of Iredell County, North Carolina, on Monday June 22% 1931 and being heard and it appearing that all matters in controversy have peen settled out of Courte It is therefore, on motion of Z V Turlington, Attorney for the Plaintiff, ordered and adjudged that the said action be and the same 4s hereby non suited and that the cost be taxed agairst the plaintiff. Monday June 22, 1951. John L Milholland, Clerk Superior Court #4, 3, Po ee “ae PISS ON ORE VO OE ; SHEE RIE State of North Carolina, In the Superior Court County of Iredell The Federal Land Bank of Columbia, Plaintiff JUDGMENT AND ORDER OF FORECLOSURE vs Nick Dalton and wife, Lillie Dalton, R H Kennedy, W A Bristol Trustee, Walt Campbell, A E Bowles Motor Company and the Statesville National Farm Loan Association Defendants. ear A EE I ee ar eR ce ue This is an action for the foreclosure of a mortgage made, ex- ecuted and delivered to the Federal Land Bank of Columbia by the defendants Nick Dalton and wife Lillie Dalton on the 7th day of February, 1928, to se~- cure a note of even date therewith, given by the said defendant to the said THE Federal Land Bank of Columbia, which is now the legal owner and holder thereof, in the sum of One Thousand ($1,000.00) Dollars, with interest thu» on at the rate of 5-% per centum per annum from the date thereof and payaba in a certain number of definitely stated amortization installments, the said mortgage having been duly recorded in the office oi the Register of Deeds for the County and Stete aforesaid on the 7th day of February, 1928, in Book 76 at page 107, and covering the same lands described in the comp- laint heretofore filed in this cause, which are located and bounded as fol- lows: jaa. he All of that certain lot, tract or parcel of land containing 97.4 | $ acres, more or less, located, lying tee an = —? waree of States. payable in three ( “kkie on Highway No. 26 in Eagle Mills wnship, County o rede State of : North Saeaiton, being bounded on the North by the lands - Hobson Harris; ix | date of sale at the rate of six (6%) per annum East the lands of Miles Grose and Dallas Grose; South by the lands of th ais bésaaee and Andrew Carson; West by the lands of James Carson heirs and The cash portion of the accepted bid shall be applied toward - Hobart Barnard, and having such shapes, metes, courses and distances as will more fully appear by reference to a plat thereof made by S O Lazenby, County payment of Surpeyor, on the 24th day of January, 1928, which plat is attached to the t abstract now on file with The Féderal Land Bank of Columbia, and being the missioner, unpaid identical tract of land conveyed by deed from Hutton Bourbonnas Company Inc ff in the order stated to Nick Dalton of date, November 11, 1925, said deed being recorded in Deed be past due and unpaid, and judgment of the pleintt : Book No 78 at page 142 in the office of the Register of Deeds for Iredell hall be evidenced by a County, State of North Carolina, to which reference is made for more complete Te credit portion of the accepted bid due plaintiff s vy description of the same, ) equal annual installments, with interest thereon from scapes Je Se the costs of this action, including the compensation to the Com~- axes assessed upon the property and assessments which may [laa J pond or note of the purchaser, payable to the Commissioner secured by a first the credit portion #@ It appearing to the satisfaction of the Court that the summons herein mortgage over the premises, end the remaining belance of the . the pur- was issued on the 20th day of March 1931, and that the same was duly served of the accepted bid, if any, shall be evidenced by a bond or note of the p on all the defendants herein more than thirty (30) days prior hereto and the chaser payable to the Commissioner, and secured by 8 eet Pe Complaint, properly verified, was filed herein, as required by law, a copy premises; the said first mortgage over the premises and the bond or ny toed of which was duly and legally served on all resident defendants; and it fur- cured thereby shall be assigned by the Commissioner to the plaintiff, and the ther appearing that the defendants Nick Dalton and wife, Lillie Dalton, and said second mortgage over the premises and the bond or note secured therebg the Statesville National Farm Loan Association, nor any other of the defend- shall be held by the Commissioner subject to the further order of this Court; ants have neither appeared, answeredx nor demurred thereto and are now in provided, however, that the purchaser shall have the right to pay in cash the default and that the facts alleged in the plaintiff's Complaint are true and whole or any part of the credit portion of the accepted bid, The purchaser correct, that the condition of the mortgage herein mentioned has been broken shall pay for the preparation and recording of all papers including the re- ena AnD oto NONE Oe and that there is now due and owing to the plaintiff on the above described quisite revenue stamps; provided, however, that revenue stamps need not be indebtedness the sum of One Thousand One Hundred Twelve and 92/100 ($1,112.92) | placed on the deed of conveyance tonthe plaintiff, should it become the pur- Dollars, for all of which the plaintiff is entitled to demand judgment, IT IS chaser, or on the bond securing any balance due the plaintiff. therefore, on motion of plaintiff's attorneys, Fourth: That A B Raymer be, and he hereby is, appointed Commissioner ORDERED, ADJUDGED AND DECREED: of the Court to advertise and sell to the last and highest bidder therefor, First: That the plaintiff, The Federal Land Bank of Columbia, upon the terms herein set forth, the mortgaged lands described in the Comp- have judgment against the defendants Nick Dalton and wife Lillie Dalton, and laint herein and report his proceedings hereunder with a complete statement the Statesville National Farm Loan Ass'n for the sum of One Thousand On Hun- of his receipts and disbursements for further consideration and orders by x dred Twelve and 92/100 ($1,112.92) Dollars, with interest thereon at the rate this Court; that, unless the plaintiff becomes the purchaser, the Commission- of six (6%) per annum from the date hereof until paid, together with the costs er dom require the successful bidder to deposit with him the sum of One Hun- and disbursements of this action; dred ($100.00) Dollars wither in cash or by certified check, as earnest money Becond: That, ugless the indebtedness herein adjudged to be due or evidence of good faith, this sum to be applied on the bid should there be the plaintiff, including the costs and disbursements of this action, is paid a compliance with the same; but shonld the successful bidder fail to make sum inmediately, the lands described fin the said mortgage to the plaintiff be sold such deposit immediately at the time of acceptance of his bid, then the said at public auction ab the Court House door in this County on the 3rd day of premises shall be at once resold at such bidder's risk, on the same sales day August 1981, in accordance with law, and the proceeds thereof, after paying ; or upon some subsequent sales day, at the option of the plaintiff or its at- th t e costs of this action and the expenses of the sale, ijcluding compensation torney; however, should the successful bidder make the said deposit and there er th for the Commissioner in améamount not to exceed five (5%) per centum of the after fail to comply with the said bid without just cause or legal excuse accepted bid, t » » together with all pest due and unpaid taxes and assessments shomm, then such deposit shall be delivered to the plaintiff and retained by thereon, shall b ' © applied first upon fhis judgment and the surplus, if any, 4 ita as liquidated damages, and the premises shal). thereupon be resold upon paid into this Court for the benefit of those entitled thereto: Third: the same terms and at such purchaser's risk on some subsequent sales day to That f th the terms of sale shall be as follows: One-third (3/3) be designated by the plaintiff or its attorney; that permission fs given - oO. @ accepted bid to be paid into Court in Cash, and the balance on credit * The Federal Land Bank of Columbia to bid at said sale or said mortgaged lands and, should it become the purchaser, after paying the the amount of its bid shall be applied as a credit upon the judgment rendered herein; costs and necessary disbursements of this action, Fifth: That upon the confirmation of the sale of said lands by the Clerk of the Court, and when the terms of Sale shall have been fully comp. lied with, the said Commissioner shall make title to the purchser in fee, 6 shall be put into possession of the said premises on production of the deed; and thereupon the sam and the proceeds of sale, after paying the costs the expenses of the sale and all unpaid taxes then assessed upon the property, shall be applied first to the satisfactio ment in favor of The of this action, n of this judg. Federal Land Bank of Columbia and thereafter, until ex. hausted, in discharge of all subsequent encumberances in the order of their priority; part thereof herein ordered to be sold be, and the same hereby are, forever barred and foreclosed, John L Milhollend, This the 22 day of June, 1931, Vanek Superior Court 1 se. Se se se 3% 9 OR Be sete ye sesh etc, oe POR IIe North Carolina, In the Superior Court Iredell Cpiinty a C Schley ( vs j JUDGMENT oF NON-SUIT Joe Caudell 6 It is therefore, adjudged that suited and Plaintirr is taxed With the cost This the 26th day of June, 1931, John L Milhollana, Clerk Superior Court tesHtese He ee 333696 at any resale Of the North Carolina, In the Superior Court Iredell County. W Tf Atwell, Administrator of J F Atwell, deceased M A Beaver, C L Beaver, RM vs : JUDGMENT ! Beaver and C R Beaver, 4 This gause coming on to be heard before John L Milhollahd, Clerk Superior Court of Iredell County, NC. on Monday July 6. 1931, and being H ' heard and it appearing that the complaint was filed in this action on May 29 il 1951, and the summons issued on the 29th day of May 1931 and that the summons and copy of the compaint were served on M A Beaver, C L Beaver and R M Beaver on May 50, 1931 and on C R Beaver on June 5, 1951, that the complaint was duly verified and that the action is for the collection of a promissory note, that more than thirty days have elapsed since the service of the summons and copy of complaint as above set out and that no answer has been filed: It is therefore ordered and adjudged that the plaintiff recover of the defendants the sum of Two Hundred Fifty Dollars with interest on Five Hundred Dollars from Nov 24, 1930 to Feb 26, 1931 and on the sum of $250.00 from Feb 26, 1931 until paid at the rate of six per cent per annum and the costs of this action to be taxed by the Clerk of the Court, Monday July 6, 1931, John L Milholland, Clerk Superior Court North Carolina, In the Superior Court Iredell County, RL Allen, trading as Palmetto Casket Company, ¥s JUDGMENT } } i St Charles Rutledge and Gadson G Bigham, trading as Bigham, Rutledge & This cause coming on to be heard before me on Monday, July 6th, 1931, Upon the verified cémplaint of th © plaintiff and it appearing to the Court that the Summons herein and copy of said complaint was duly served upon the defendants, on May 26th, 1931; And it further appearing that this action is instituted for the re- Covery upon an open account of the defendants to the plaintiff in the sum of $295.29 with interest from Septmeber 15th, 1930; And it appearing that the defendants have not filed an answer within the time allowed by law and that the plaintiff is entitled to Judg- ment by default final for the principal sum of said account and interest; It is, therefore, ordered and adjudged that the plaintiff re. cover of the defendants the sum of $295.29 with interest from September 15th 1930, and all costs of the action to be taxed by .the Clerk, John L Milholland Clerk Superior Court MoAb OF 28 56 96 80 92 a0 06 se WR OMT Ee Be ATOR VE ee Fe ea ese seat North Carolina, In the Superior Court Iredell County, Fairbanks, Morse & Company Inc., jj vs { JUDGMEN ? E W Stearns Clerk of the Superior Court and it appearing to the Court that summons was accepted by the defendant in the above matter y and that at the time of the Service of saidsumnons, the defendant, E w Stearns, executed a replevin bond in the amount of $400.00, agreeing to turn over to the plaintiff the proper - &es; that the said bond Surety to emecute the said bond as by law provi ded. The Court further finds as a fact that the pl aintiff is indebted for the property, » and that the Plaintiff is entitled to Possession That Court further finds that Plaintiff in the amount of described in the complaint $290.00 1930, until paid, It is, therefore, considered, ordered , and adjudged that the Plaintiff recover of the defendant » BW Stearns, the sum of $290.00 with interest from the 2lst day of June, 1930, until paid ’ and for t lb action. he cost of John L Milhollana Clerk Superior Court, FH hap ae ote \ CORPORATION, STATE OF NORTH CAROLINA ) IN THE SUPERIOR COURT COUNTY OF IREDELL ) IN CHAMBER AT ASHEBORO, N. C GENERAL TALKING PICTURES Plaintiff ELECTRICAL RESEARCH PRODUCTS) ORDER INCORPORATED? AND JOSEPH E,. ) DISSOLVING TEMPORARY CAUDELL, Defendants » This cause coming on to be heard upon the order to show cause why the temporary injunction and restraining order heretofore issued in this ‘nke should not be continued in force, and the defendants having appeared before the undersigned Judge ahelding the Courts of the Fifteenth Judicial District at the Court House in Asheboro, N. C. on this the 2nd day of December, 1930, being the return day of said order; and the said matter being heard upon the complaint the separate answers of the defendants and the affidavit of Edwin C. Shriver filed by the defendants, the Court after argument and due consideration being of the opinion that the plaintiff is not entitled to an injunttion or re- ~ straining order: It is therefore ordered and adjudged that the said temporary in- junction and restraining order be and same is hereby vacated and dissolved, and that the issue as to damages claimed by the defendants in consequence of said restraining order be retained on the Civil issue docket of this Court to be heard and determined in due course by said Court at Statesville N. C, This the 2nd day of December, 1930, J H Clement Judge Holding Courts fo 15th Judicial Dictriet, The plaintiff excepts to the foregoing order and appeals to the Supreme Court, Notice of Appeal waived in open Court. The plaintiff by consent is allowed sixty days to serve exceptions and case on appeal and the defendant is allowed forty days thereafter to serve counter case or excep- tins, Appeal bond fixed at $100.00. This December 2nd, 1930, J H Clement Judge Holding Courts of 15th Judicial District Teh ie Sese cett teir tee Wee seats And it appearing that the defendants have not filed an answer within the time allowed by law and that the plaintiff is entitled to judg- ment by default final for the principal sum of said account and interest; It 1s, therefore, ordered and adjudged that the plaintiff re- cover of the defendants the sum of $295.29 with interest from September 15th 1930, and all costs of the action to be taxed by the Clerk, John L Milholland Clerk Superior Court AASB 16 56 88 88 3e Se ae 88 sh one DR PRT LR AE ON NR North Carolina, In the Superior Court Iredell County. Fairbanks, Morse & Company Inc., vs UD GEE XP E W Stearns j This cause coming on to be heard beforebthe undersigned Clerk of the Superior Court and it appearing to the Court that summons was accepted by the defendant in the above matter, ‘and that at the time of the service of saidsumnons, the defendant, E W Stearns, executed a replevin bond in the amount of $400.00, agreeing to turn over to the plaintiff the proper- ty therein enumerated or to forfeit the bond as damages; that the said bond was executed and through an error the defendant signed it in the wrong place. The Court finds as a fact that it was the intention of the defendant and her surety to execute the said bond as by law provided. The Court further finds as a fact that the plaintiff is indebted for the property, described in the complaint, and that the plaintiff is entitlea to possession of said property. That Court further finds that the defendant is andebted to the plaintiff in the amount of $290.00 with interest from the 21st day of June , 1930, until paid, It is, therefore, considered, ordered, and adjudged that the plaintiff recover of the defendant, BW Stearns, the sum of $290.00 with 9 « interest f rom the 21st day of June, 1930, until paid, and for the cost of this action, It is furth er ordered that the property enumerated in the complaint be released ed and turned over tp the court and that Robert A Collier be ap e It is ¢ ed executi said ng bond, that the bond be declared forfeited and that the plain- tiff recover of the bond its indebtedness with the cost of this action This 29th day of June, 1931, John L Milholland Clerk Superior Courte Me bab ab ae ae STATE OF NORTH CAROLINA ) IN THE SUPERIOR COURT COUNTY OF TREDELL ) IN CHAMBER AT ASHEBORO, N. C. GENERAL TALKING PICTURES CORPORATION, Plaintiff -VS- ELECTRICAL RESEARCH PRODUCTS) ORDER INCORPORATED? AND JOSEPH E. ) DISSOLVING TEMPORARY CAUDELL, Defendants ——- TCO. This cause coming on to be heard upon the order to show cause why the temporary injunction and restraining order heretofore {ssued in this cause should not be continued in force, and the defendants having appeared before the undersigned Judge sholding the Courts of the Fifteenth Judicial District at the Court House in Asheboro, WW. C. on this the 2nd day of December, 1930, being the return day of said order; and the said matter being heard upon the complaint the separate answers of the defendants and the affidavit of Edwin C. Shriver filed by the defendants, the Court after argument and due consideration being of the opinion that the plaintiff is not entitled to an injunction or re- straining pid’ It 1s therefore ordered and adjudged that the said temporary in- junction and restraining order be and same is hereby vacated and dissolved, and that the issue as to damages claimed by the defendants in consequence of said restraining order be retained on the Civil issue docket of this Court to be heard and determined in due course by said Court at Statesville N. C. This the 2nd day of December, 1950. J H Clement Judge Holding Courts fo 15th Judicial Dictriest. The plaintiff excepts to the foregoing order and appeals to the Supreme Court, Notice of Appeal waived in open Court. The plaintiff by consent is allowed sixty days to serve exceptions and case on appeal and the defendant is allowed forty days thereafter to serve counter case or excep~ tions. Appeal bond fixed at $100.00. This December 2nd, 1950. J H Clement Judge Holding Courts of 15th Judicial District No 816 North Carolina, Spring Term, 1931 Supreme Coumrt Iredell County, General Talking Picture Corp. )( vs } JUDGMEYN 7 Electrical Research Products 4 Inc. and Jos E Caudell, b This cause camé an to be Brguned upon the transcript of the recarg from the Superior Court of Iredell c this ounty:- upon the consideration whereof, Court is of Opinion that there is ho error in the record and proceed.- ings of said Superior Court, It is, therefore, considered and ad judg ed by the Court here, that © certified to the said Superior ¢ intent that the judgment is affirmed. And it is considered and adjudged fur. ther, that th the opimion of the Court, b ourt, to the 3 € plaintirr Talking Pictures and Surety do pay the costs of the appeal in this Court in curred, to-wit, the sum of Thirty-four and 75/100 Doliars ($34.75), and execution issue therefor, A True Copy: COURT SEAL) Frank Nash Clerk of the Supreme Court North Carolina, In the Superior Court Iredell County, Before the Clerk Virginia Trust Company, f @ Virginia Corporation § Vs B F McKinnie Maude § MeKinz Di uCKhinn Malcolm McKinnie, Etulug P, ee McKinnie and Cc Stimpson, This cause Coming on to be heard » and being hearg before His Honor John L M ilhollana, Clerk Superior Court of to the Court that judgment was enter DF McKinnie, | Statesville N C., Plaintiff, \\ N Now, therefore, it is considdéred, ordered and adjudged that the motion of non~suit be granted as to C Stimpson and that said action be dés- missed against him, This lst day of July, 1931. John L Milholland, Clerk Superior Court tht Weshiritie seseseee: OO TE FE FE ETE te ES Se North Carolina, In the Superior Court Tredell County. Before the Clerk 2 Merchants & Fagmers Bank, © L B Bristol, Mary C Bristol, HC Bristol, M C Wiliiams amd J B t $ vs I JUDGMENT ' 9 Roach, Defendants ' This cause coming on to be heard as to the defendant MC Williams, and being heard before the undersigned Clerk of Superior Court, and it ap- pearing to the Court that the plaintiff filed its duly verified complaint in this action on the 12th day of June, 1931, and that on said date summons in this cause was issued and served on the defendant MC Williams, together with a copy of said complaint; and, that the defendant M C Williams filed answer in this action on the 10th day of July, 1931, admitting the allega- tions of said complaint and submitting to and tnedering judgment as of July 13, 1931, for the amount demanded, to-wit: $4,500.00 on the hote of L B Bris tol, Maryi°C Bristol and H C Bristol, endoysed by M C Williams and J B Roach for $4,500.00, bearing date of January 16, 1931, and copied in full in the third paragraph of said complaint, said note being the basis of this action; ar ta, THEREFORE, ordered, considered and adjudged by the Court, On motion of Raymer & Raymer, Attorneys for the plaintiff, upon the pleading in this cause, that the plaintiff recover of the defendant M C Willdams the Sum of Four Thousand Five Hundred Dollars with interest thereon from March 16, 1931, until paid at the rate of 6% per annum, and the costs of this action to be taxed by thr Clerk, It is further adjudged that L B Bristol, Mary C Bristol and HC Bristol are principals on the note hereinabove re- ferred to and that the defendant m Cc Wiliiams is an endorser thereon, This the 13th day of July, 1931, John L Milholland Clerk Superior Court. Wiese tet test apse R2 Nor th Carolina, In the Superior Court Iredell County, Before the Cierk First National Bank of Statesville, NC Plaintirr B Bristol, Mary C Bristol A Turner and MC Williams. Defendants vs t JUDGMENT L j Cc ! q This cause coming on to be heard, and being heard before the und- ersigned Clerk of the Superior Court of Iredell County, North Carolina, on Monday, July 15th, 1931, and is appearing to the Court tha t, on June 9th, 193] led in this office a and it further appearing that on June 10th ther with a copy of said comp duly verified complaint; 1931, said Summons, toge laint, was duly served on said de- fendants, to-wit: on LB Bristol, Mary C Bristol, CA Turner amd M C Williams; pearing to the Court; that this is an action on a missory note, under seal and it further ap certain pro- » Of the defendants, L B Bristol and Mary C Bristol, for the payment of the sum of $2,000.00, dated January 18th 1931, due sixty days after date, with interest after maturity at six per cent (6%) per annum, and duly endorsed by the defendants, C A Turner and MC Williams; and it fur- ther appearing that more than thirty days have elapsed Since the service of said summons and comp lainy on each of the defendants, and that neither of the peared and answered or demurred » OF otherwise plead, to said complaint within the time allowed by law, and that the time for answer- ing or otherwisp Pleading has now expired; i? 38. THEREFORE, co nsidered, adjudged ang decreed that the plains tiff recover of the defendants, LB Bristol, Mary ¢ Bristol, C A Turner and MC Williams, Jointly anda severally, the sum of $2,000.00, with interest from March 19, 1931, at the rate of six per cent (6%) per annum until paid, togeth- er with » Qnd that this distincition shall y the Clerk of the Superior Court for the of this judgment, This Monday, July 13th, 1931, collection anda enforcement John L Milhollana, Clerk Superior Court, Femme. WINS $e setts ae North Garolina, In the Superior Court Iredell County. Before the Clerk t National Bank of \ sertesviiie, NC Plaintiff. ws JUDGMENT § B Bristol, Mary C Bristol, ’ ire Williams, Defendants | This cause coming on to be heard, and being heard before the under- signed Clerk of the Superior Court of Iredell County, day, July 135th, 1931, and it appearing to the Court that, on June 8th, 1931 plaintiff caused a summons to be issued out of this court against the above named defendants in this action and at the same time filed in this office a duly verified complaint; and it further appearing that on June 10th, 1931, said summons, together with a copy of said complaint, was duly served on said defendants, to-wit: on L B Bristol, Mary C Bristol and M C Williams; and it further appearing to the Court that this is an action on a certain promissory note, under seal, of the defendants, L B Bristol and Mary C Bristol for the payment of the sug of $1350.00, dated January 18th 19351, due sixty days after date, with interest after maturity at six per cent (6%) per annum, and duly endorsed by the defendant, MC Williams; and it further appearing that more than thirty days have elapsed since the service of said summons and complaint on each of the defendants, and that neither of the defendants have appeared and answered or demurred, or otherwise plead, to said complaint within the time allowed by law, and that the time for answering or otherwise pleading has now expired; ae 20 THEREFORE, considered, adjudged and decreed that khe plaintiff recover of the defendants, LB Bristol, Mary C Bristol and M C Williams, joint ly and Severally, the sum of $1350.00, with interest from March 19th, 1931, at the rate of six per cent (6%) per annum until paid, together with the costs of this action to be taxed by the Clerk of the Court, It is further considered and sdjudged that the defendants, L B Brista and Mary ¢ Bristol are liable as principals and the defendantaz, MC Williams, is liable as surety, This Monday, July 13th, 1931, John L Milholland, Clerk Superior Court Fee Sb seth sete eee se se Wea thie tee North Carolina, on Mon- ee eel eee raya yl a. a { Ul ge Oh Ca ae pe 24 Fe North Carolina, In the Superior Court, In Chambers, JUDGMENT, In Re: Dulin Estate. After hearing petition of Frances Maxwell, et al., it is hereby or. dered that P P Dulin pay from the funds of the estate of the TM kg: Dulin the sum of $145 to the Welfare Officer of Rockingham County, said Wel- fare officer to expend the same for the education and maintenance of said Frances Maxwell One 4.4... Maxwell. It is further ordered that the said said Frances Maxwell and eceeeeee Maxwell, same to be paid to said Welfare officer, It 1s further ordered that said welfare officer have seeee Maxwell to go toa competant physician for treatment for her eyes and also for pell- gra and the same be paid from funds of said estate by the said Pp p Dulin, This cause is retained for further orders, Done in chambers at Concord, N C, this 11 day of July, 1931, Jno M Oglesby, Judge Superior Court 15th District OE RE et ee ese We Re Rese ae North Carolina, q In the Superior Court Iredell County, } Before the Clerk \ Carolina Motor Company 4 \ vs t CONFESSION oF JUDGMENT WA Royall } 1 IWa Royal, the defendant in the fess judgment in favor of the CSFOL Ine. 110 to Plaintiff, for the sum of Two Hundrea Seven above entitled action, hereby con- r Company, of Statesville NC ty and no/100 ($270.00) Dollars with interest from October llth, 1930 bers 011 : Sum is due the said Plaintiff over and Just demands that Sam Shore and wa Royal have against the plain- t@ff, Carolina Motor Compnay, Pp —WA Royal L- WA Royal, being duly Sworn, deposes and says: That the facts stated in the above confession are true, and that the amount of the judgment in the above confession are true, and that the amount of the judgment con- fessed is justly due the plaintirr, W_A Royal Sworn to and subscribed before me, this the 17th day of July, 1931. C G Smith Deputy Clerk Superior Court, North Carolina, } In the Superior Court Iredell County. } Before the Clerk Carolina Motor Co, 4 vs q JUDGMENT WA Royal q On filing the foregoing statement and confession dtly veri- fied, together with the note therein referred to: It is considered, ordered and adjudged by the Court that the plaintiff, Carolina Motor Company, recover against the defendant, WA Royal the sum of Two Hundred Seventy and no/100 ($270.00) Dollars, with interest on said sum at the rate of six per cent per annum from October lith 1930 until paid, according to the terms of Said confession, together with $3.00@ costs, This July 17th, 1931, John L Milholland, Clerk Superior Court of Iredell County, North Carolina, In the Superior Court Iredell County. Before the Clerk Jesse 1 Sherrill i vs ) JUDGMENT NON-SUIT Mable Holmes 4 The plaintiff, Jesse L Sherrill, comes into open Court and through its attorneys, Adars & Dearman, enters a voluntary non-suit, It is, therefore, considered and adjudged that the plaintiff's Cause of action be and the same is hereby hon-suited; the costs in this ac- tion amounted to $ Judgment, This the 20th day of July, 1931 : John L Milholland, Clerk Superior Court Tie ei eee which plaintiff has paid im with the fling of this North Carolina, In the Superior Court Iredell County, Before the Clerk Bradshaw Auto Service, Inc, vs JUDGMENT BY DEFAULT FINAL, & C Crouch This cause coming on to be heard before the undersigned Clerk of the Superior Court upon the complaint duly verified and the summons as served on the defendant note in the sum of $385. ust, 1930, and that the amount demanded by the Plaintiff is certain, It It is, therefore, fro Collier, Attorneys for the Plaintiff, ordered and adjudged that the plain- tiff recover of the defendants the sum of $385.00 with interest at the rate Ov six per cent from the 2 Oth day of August 1930, until paid, and for the further sum of $1.50 Protest fee, and that the defendant be taxed with the cost of thts action, : This 20th day of July, 1931, John L Milholiand, Clerk Superior Court “we > Pt. me SY ne 5, we RFE Sele 5c Wess oe OR WH BE He ete Stee North Carcdina, } In the Superior Court Tredell County. } Before the Clerk W P Morton, Plaintiff a ‘ie JUDGMENT { M C Williams and wife, } Mrs M C Williams, defendants I This cause coming on to be heard before the undersigned Clerk of the Superior Court of Iredell County on Monday, July 20, 1931, and being heard, and it appearing to the Court that the plaintiff in this action caused summons to be issued from the Clerk of the Superior Court of Iredell County on the 16th day of June 1951, and the same was duly served on the 16th day of June 1931, on the defendants Mr M C Williams and Mrs M C Williams, personally, by reading the original summons, and by leaving with each of the defendants a copy of the summons and of the plaintiff's verified complaint as provided by law; And it further appearing to the Court that the plaintiff filed a duly verified complaint in the office of the Clerk of the Superior Court on the 16th day of June, 1931, and that this is a cause of action based upon two promissory notes, one for the amount of Three Hundred Dollars ($300.00) executed by the defendants November 50, 1929, and one for Two Hundred Nine Dollars and eighty- three cents ($209.83 executed November 50, 1929 by the defendants and that more than thirty days have elapsed from the serving of the said summons and a copy of the verified complaint on the said defendants as provided by law, and that the defendants have not filed any deur to the complaint, or any answer denying the complaint, or raiséd any issue of fact, and it appearing to the Court that the plaintiff is entitled to recover of the defendants the sum of Five Hundred Nine Dollars and eighty-three cents ($509.83), together with int- erest on the same at the rate of 6% per annum from November 50, 1929 until paid It is, therefore, considered, ordered, adjudged and decreed by the Court that the plaintiff recover of the defendants, M C Williams and wife, Mrs MC Williams in this action, the sum of Five Hundred Nine Dollars and Eighty-three Cents ($509.83), with interest upon the same from November 30, 1929, at the rate of Six percent (6%) per annum until paid, and also the costs of this action te be taxed by the Clerk of the Superior Court, This 20th day of July, 1931, John L Milholland Clerk Superior Gourt,. North Carolina, In the Superior Court Iredell County, State of North Carolina on relation of Jack Joyner, Trustee for The Kelly Clothing Company, Bankrupt. vs NON-SUIT Mason H McKnight and @ George Grier McKnight, Administrators of G L McKnight, and Fidelity and Deposit Company of Maryland Clerk the Plaintiff, and the plaintiff, through his counsel, having made a motion that he be non-suited, and that the action be dismissed, It is, therefore, for said Cause, ordered and adjudged that the plaintiff be and he is hereby non-suited, This 2lst day of July, 1931, John L Milholland, Clerk Superior Court North Carolina, In the Superior Court Iredell County, Before the Clerk CH Gant, Plaintirr vs JUDGME NT agai Dr AD Lord, Administrator Chables Mcleod and ) t 2 he RD Bailey, estate i Hattie mu fl Charles McNeir, ana Hattie I “i oes Mae McNeir, Defendants, } This cause coming on to be h card before His Honor, John L Mil- holland, Cler; of the Superior Court of Iredell County, on Monday July 27, 1931, ana being heard » On the 10th day of » 4nd that a copy of the sum- t was served on each of the de# » 88 provided by law; and it further ap- S based on two Promissory notes fer the » ©xecuted by the de- » One being due twelve months after » €nd upon which there was paid n the 7th day of May, 1929, the sum of Two Hundred Dollars ($200.00), leav- o ing a balance due of Three Hundred Dollars ($300.00), together with interest on Five Hundred Dollars ($500.00) at the rate of Six percent (6%) per annum from the lst day of October, 1927, until May 7, 1929, and interest on Three Hundred Dollars from May 7, 1929 until paid, at the rate of Six percent (6%) per annum; and it further appearing to the Court that more than thirty days have elapsed from the serving of said Summons, and copy of the verified comp- laint, on the defendants, Charles McNeir and Hattie Mae McNeir, and that these defendants, Chatles McNeir and Hattie Mae McNeir, have not filed any answer or demurer, or raised any issue of facts, and it appearing to the Court that the plaintiff is entitled to recover of the defendants, Charles MeNeir and Hattie Mae McNeir, the sum of Three Huyjdred Dollars ($3500.00), together with interest thereon at the rate of six per cent (6%) per annum from the 7th day of May, 1929, until paid, and for interest on Five Hundred Dollars ($500.00) from the lst day of October, 1927, until May 7, 1929; xe 28; therefore, considered, ordered, adjudged and decreed by the Court that the plaintirr recover of the defendants, Charles McNeir and Hattie Mae McNef@r, the sum of Three Hundred Dollars ($300.00) with inter- est thereon from the 7th day of May, 1929, together with interest on Five Hundred Dollars ($500.00) from Ist day of October, 1927 until May-7, 1929, and for the cost of this action to be taxed by the Clerk of the Superior Court, This 27th day of July, 1931, John L Milholland, Clerk Superior Court, Test. Shee stess she North Carolina, In the Superior Court Iredell County Frank W Elliott, trading as | Elliott Elettric Company. JUDGMENT ) j Plaintiff vs { 5 R 0 Dellinger, Defendant. } This cause coming on to be heard before the undersigned Clerk of the Superior Court and it appearing to the Court that the alleged sland- erious words set forth in the plaintiff's complaint have been retracted by the defendant and that the defendant has apologized to the plaintiff and admitted to the Plaintiff that the words alleged to have been used by him were untrue and were used without any just cause. It further appearing to the Court that the plaintiff dbes not desire to. push the case further a. gainst the defendant and desires that the case be dismissed, It is, therefore, upon motion of John w Wallsce, Attorney for the plaintiff, and Scott & Collier, Attorneys for the defendant, ordered and adjudged that this action be dismissed, and that the defendant be taxed with the cost, This 27th day of July, 1931, John L Milholland, We agree to the Signing of the above ee i judgment. Jahn W Wallace Attorney for plaintiff Scott and Collier Attorneys for defendant North Carolina, In the Superior Court Iredell County. Montgomery Ward 2 Company j vs } JUDGMENT N A Leonard f This cause coming on to be heard before the undersigned Clerk of the Superior Court upon the verified complaint and other proceedings filed in this action, and it appearing to the Court that this 1s an action brought a- gainst the defendant to recover the sum of 71.95, with interest from the 2lst day of May 1930 until paid, due the plaintiff by the defendant for certain merchandise, to-wit: one par E 9 SOmwit: ONE RADTO SET, the same being sold and deliver- ed to th plai e defendant by the P-aintiff upon a conditional sale contract, the title to said prpperty to remain in the plaintirr until said property be paid for in full, it 2 ann . further appearing that summons in this action was issued on A i 2 ] 93 pri Oth, 1931 and served on the defendant, N A Leonard, on the 3rd day ’ of May 1931 by reading to said defendant sai d verified Complaint, and that the defendant is now properly in court ‘and 2 It furt ? urther appearing that at the time of issuing said summons the plaintiff caused to be issued from this covrt claim and deli UPrt g elivery pro- rty after giving bond as requir- 31 It further appearing to the Court that the defendant has not an- swered or demurred to the complaint of the plaintiff within the time pre- scribed by law, and It further appearing to the Court that the defendant is indebted to the pjaintiff, in the said sum of $71.95 with interest thereon from the 2lst day of May 1950 until paid, and that the plaintiff is entitled to the possess- ion of said property and is entitled to a specific lien against said personal property herein described to the end thatk this claim and judgment and the cost of this action be satisfied, It is therefore, ordered, adjudged and decreed by the Courtbthat the plaintiff recover of the defendant the sum of $71.95 with interest from the 2lst day of May 1950 until paid; for the cost of this action to be taxed by the court, and it is adjudged by the court that this judgment be and shill con- stitute a specific lien on said property, to-wit: ONE RADIO SET, It is further ordered and adjudged by the Court that WA Bristol be and he is hereby appointed a commissioner 68 the court to sell said personal property at public auction to the highest bidder for cash after due advertise- ment as required by law in the sale of personal property, that ig to say, for twenty days by posting a notice at the Vourthouse door and at three other public places in Iredell County, and apply the proceeds from the sale of said property to the discharge and satisfaction of this judgment and the cost of. the action so far as it will go. Said sale to be conducted at the local store of Montgomery Ward & Company. It is further ordered and adjudged by the Court that if the above des- eribed personal property does hot bring a sufficient amount at said sale to satisfy this judgment and the cost of the action than in such event execution Shal. issue to the sheriff of Iredell County to satisfy any remaining sum due ON seid judgment out of any other personal property of the defendant, and if there be not sufficient personal property then out of the real estate belong- ing to said defendant, This the 4th day of June 1931, John L Milholland Clerk Superior Court IN THE SUPERIOR COURT 30 AUGUST TERM 1931. Monday August 3, 19351, 32 x e< i tea) North Carolina, In the Superior Court Iredell County, Before the Clerk North Carolina, In the Superior Court CH Gant, Plaintirr ; 4 Iredell County. August Term 1931, ws JUDGMENT AGAINST Dr A D Lord, Administrator, Be it remembered that a Superior Court begun and held in and for Dr A D Lord, Administrator, G TA, R D Bailey estate, Gharles Meneir and Hattie Mae mor UT A., R D Bailey estate, , the State and County aforesaid, on the 5th Monday before the lst Monday in September, 1951, the same being the 3rd day of August, 1931, A D, when and — lg MeNeir, Defendants ; F where His Honor, P A McElroy, Judge Presiding and Holding Courts for the | This cause coming on to be heard before His Honor, John L a. | Fifteenth District Fall Term, 1931, is present and presiding, and the Hon, 3a Milholland, Glerk of the Superior Court of Iredell County, on Monday, August. ~ | 2 o : Zeb V Long, Solicitor,atia@ present and prosecuting in the name of the State. : 5, 19351, and being heard and it appearing to the Court that the sunmons wag G C Kimball, High Sheriff of Iredell County, is present and re- issued bybthe Ulerk of the Superior Court of Iredell County on the 10th 4 : y : ae turned into open Court the names of the following good and lawful men to of June, 1931, and that on the same date a duly verified ’ : +¥ verified complaint 3 paint was filed serve as jurors for the first week of this term of the Superior Court, to- by the plaintiff and that a copy of the sumnons and a copy of the duly veri. wits: fied complaint were served on T cI de 5 Le mplaint w ery mn each of the defendants on the 10th day of J endants on the 10th d: June J ’ The following were drawn and sworn as Grand-Jurors for SIX MONTHS 1931 as vrovided aw: @¢ it fur? t 1951 as provided by law; and it further appearing to the Court that the ac- Fred R Sills, H L Kincaid, 0 F Lyons, QA Hoover, J A Alexander, G F Massey tion is based on two promissory notes for the amount of Two Hundred Fifty = ‘asad LNB GL » GM Young, N W Stroud, J D Joyner, P M Barger, rown, Doliars (3250.09 an aii a Ae ? ; , Lr Oliars (9250.00) each, executed by the defendants on the lst day of October a ar, S D Chipley, J B Snow, G L Parker, Joe M Frye and W W Woodward, 1927 one being lue twe " don ~ : » 4 ’ & (ue twelve months after date, ard the other eighteen months LN Brown, was appohnted and sworn as foreman of the Grand-Jury. > 4-6, Aate 27 , aiter date, and upon which indebtedness there was patd on the 7th day of May, E V Privette, was appointed and sworn as officer of the Grand-Juy 1929 the sum of Hundred Daliane stor ~ = “WO Hundred Dollars (3200.00) leaving a balance due and un- W L McSwain was excused by the Court paid of Three Hundr liar 220 ( [ocek! wa pa ee Hundred Dollars (¥500.00) tocether with interest on Five Hund- J F Wint FLS Clyde Ostwalt, J S Evans, W R Moore nters, ummers, Clyde Ostwalt, , : mec Dollars ($500.00) at the rate of Six Percent (6%) per annum from the lst é T J Williams and W L Wooten were neturmed not served, day of Uctober, 190” unti} tas wF p omens Until Teh day of May 1989,: ana interest on Three Hund- The following were drawn and sworn as petty jurors for the week; red Dollars ($300.00) from 7tha M ' ots wm CGA Gay of May, 1929 unti1 paid, at the rate of pAatus, . Six percent (64) Sa aliases eae ta ect a WJ Mathesoh, J FP Redman, WJ Page, J A Reavis, WL Moore, A H Boggs, DB 7 ow <3 LUether appearing to the Court that the ¥ 4 ine bm oe, sai aad oe orrison and Glenn P Stevenson e a + ) Lord, Administrator CTA of RD Bailey estate, on motion of : his counsel Jacl vYnan Sas » “ack Joyner, filed an Order with the Clerk of the Superior Court on the 9th day of July 1931 ia sia v ose’, Tor a twenty day extension within which to file \ wm anewer in this cause; and it further . \ No. 1 | TO APPEAR AND SHOW THAT COST HAS“BEEN PATD “~~ SPpearing to the Court that no answer \State t As to Mayhew, continued under former order upon or other Pleading had been “iled by the defe vs { condition that he pay one-half of his part cost at 0 TA of R D Bailey estate, and that to th Paul Sprinkle t The defendant Sprinkle and Bridges called and i.) “e satisfaction of the Court the said Wilson Bridges { failed, Judgmen$ Nisi Sci Fa and Capias ndant does not desire to file an answer or other pleading in this action, but desires to have a judgment te \ No. 2 TO APPEAR A i ne te st t ; ND SHOW THAT COST HAS BEEN PAID. the Court that tne «: ae sven against him; ana 1 further appearing to \State Defendant called and failed, Judgment Nisi Sci Fa Una t Fel laintis cu “19 Admints trator 3 T raat Bittae se tot eneeter of the defendant Dr A D Robert McBride i and Capias,. Ollars ($300.00) together wit erest theres, ‘ne, sum of Three Hundred oF b1 h interest th per annum from the 7th da of ¥ s, con at the rate of six percent : tas A Hundred Dollars ($500.00) form oy 1929 Until paid, ana zee interest on Five | \ State ; TO APPEAR AND SHOW Tne ORS a vr eee 1929, “fom ist day of October 1927 until ¥thedar of May fo ; Continued underz former order. 6 It is therefore aven % f AM Court that the plaintir? recover oa toreareds adjudged and depreed by the Bil Genene tend i CTAof RD Bailey eatate, © defendant Dr A p Lord, Administrator Clyde Gentile } . the sum of thereon from the 7th da fv Three Hundred Dol] s ($300.00) wi ($500.00) from ist dag tpt M8¥ 1929 until pasa teams ar . th cost of this action w of %¢to rey ose ther wit dants in this action on the 27th day of gant "les. on > e This the 3rq day of August 1931, John L Milholland Clerk Superior Court. No 5 State ys Banks Benfield \ No. 6 ' State vs Vernon Rash No. 8 State Y vs Will Hartness No. 9 State \ vs Raymond Keavis No, 10 State vs Henry Hines No ll State vs Claremce Beckham No 12, 13, 14 ‘State vz W M Lowthrop No, 15 & 16 State a vs E M Davis: No 17 State ™ Vs Jim Lazenby No. 18 \ State vs Herman Pierce No. 19 State vs Van Shoemaker Ben Brewer Will McLain No. 20 \ State ba vs Grover Jordon \ No, 21 State vs Felix Combs No, 22 State vs Claud Patterson > oe IN THE SUPERIOR COURT AUGUST TERM 1931 Monday August 3, 1931. IN THE SUPERIOR COURT . AUGUST TERM 1931 Monday August Srd, 1931, TO APPEAR AND SHOW THAT COST HAS BEEN PAID, Defendant called and failed, Fa and Capias, TO APPEAR AND SHOW GOOD BEHAVIOR, Defendant appeared and ahow Continued under former order ASSAULT WITH DEADLY WEAPON, Continued under former order, Judgment Nisi Sei ed good behavior, RECKLESS DRIVING AND ASSAULT WITH DEADLY WEAPON Continued by consent NON-SUPPORT Defendant called a and Vapias TO APPEAR AND SHOW THAT COST nd failed. Judgment Nis Sci Fa HAS BEEN PAID “efendant called and failed, Judgment Nsi Sci Fa and Vapias, under former This forfipsture strick order, Defendant later FALSE PRETENSE Alias Uapias ana continued DRIVE CAR INTOXICATE Abate by death NOUSEBRAKING AND LARCENY Nol rrosed with leave NON-SUPPORT Alias Capias MANUFACTURING LIQUOR Continued, TO APPEAR AND SHOW COST Patp Cost paid and case goes off, BURNING LUMBER Continued by consent ASSAULT WITH DEADLY WEAPON Continued en out, Continued vappeabed D AND RECKLESS DRIVING vs Earl Clontz vs Gwyn Gregory No. 26 : \ State t vs } Walter Houpe $ i ) ' Noe 24 = State ' § i ! Noe 25 \ State No. 27 State vs j Floyd Holbrook J} Noe 28 \ State vs E L Henderson } t j No, 36 j State q vs t R L Bibee ) | ' No, 37 \State Vv DR Earnhardt No. 38 \ State va Jessie Howard No, 46 \ State \ vs Grover Sigman 4 { § J j t ) § } No, 47 Q State 4 \ va ¢ Garland Sigman 0 No, 48 g \ State i ae, | 6 Alvin Hewett Q f § } ' ¢ No, 60 \ State Vs Samel Shoenaker Manuel Shoemaker 50- A True Bill 42- A True Bill TO APPEAR AND SHOW GOOD BEHAVTOR Continued undervformer order SEDUCTION Continued by consent FORNIGATION AND ADULTERY Abate by death LARCENY Continued Bor defendant TO APPEAR AND SHOW THAT COURT COST HAS BEEN PAID Defendant called and failed, Judgment Nisi Sci Fa and Capias, instanter processes. EMBEZZLEMENT Continued by consent ASSAULT WITH DEADLY WEAp ON Continued by consent ASSAULT WITH DEADLY WEAPON Continued by consent TRANSPORT AND POSSESS LIQUOR Nol Prosed with leave { TRANSPORT AND POSSESS LIQUOR Continued for defendant on account of sickness TRANSPORT AND POSSESS LIQUOR Nol Prosed with leave LARCENY The defendants come into open Court and through their counsel J W Van Hoy waive the Bill of Indictment and enter a plea of Nolo Contendre to the larceny of pro- perty less than the value of $20.00, which plea the Solicitor accepts. 43- A True B Robt L Piere A True Bill No. 50 t \ Suiate vs } ASSAULT WITH DEADLY WEAPON The defendant comes into open Court and pleads not guilty. The following jury sworn and empannelled as Carl Alexander § follows: wg Page, D B Morrison, A H Boggs, W L Moore, ) J F Redman, W J Matheson, Glenn P Stevenson, J L Parks | AM Guy, J W Webb, W J Morrison & Clyfe Thomas, Pending trial the court takes a recess This Honoable Court takes a reess fintil Thesday Morn A 4th 3931 at 9:30 O'clock, _ ea , @ Presiding aa ] IN THE SUPERIOR COURT AUGAUST TERM 1931 Tuesday August 4th, 1931, This Honorable Court convenes according to adjournment Tuesday Morning August 4th, 1931, at 9:50 OfClock for the dispatch of business, No. 50 ASSAULT WITH DEADLY WEAPON \ State The jury retmrned a verdict of guilty as charged in the Bill of Indictment, Judgment of the Court is that the defendant pay a fine of $10.00 and the costs of this action. vs Carl Alexander No. 23 ASSAULT WITH DEADLY WEAPON State Continued by congent vs Rufus Suther No, 41 DRIVE CAR WHILE INTORICATED State Abated by death vs E M Davis No. 42 § VIOLATION OF PROHIBITION LAW, — S$tate d The defendant comes into open Court and pleads not \ vs { guilty. Jury sworn and empannelled. Court after hearing ~ Jim Ervin { States evidence entered a verdict of noy guilty. No, 43 { VIOLATION OF PROHIBITION LAW, \ State Defendant called and failed. Judgment Nisi Sci Fa and vs } Instanter Capias. $ Charley Habtsell No, 44 DISPOSE OF MORTGAGE PROPERTY \ State Continued by consent vs Blain Goodin No, 45 SSAULT WITH DEADLY WEAPON \ State Continued vs ere omc Oe ae Buford Rimmer DISPOSE OF MORTGAGE PROPERTY | No, 49 \ State Continued by consent 1 VWs J C Lowe No, 51 HOUSEBREAKING AND LARCENY \ State Defendant called and failed. Judgment Nisi Sci Fa vs and Capias. : B C Higgins No. 52 MANUFACTURING LIQUOR State a Continued for bill Charley Jolly ace, 58 MANUFAC TURING LIQUOR _ Continued for bill Bob Hartness ae 54 MANUFACTURING LIQUOR ." Continued for Bill Arley Goodin a ce MANUFACTURING LIQUOR te Continuedfor Bill SS A Me eer RE Sa ee oe MER eer MRS eect SN pe eet, ee eR ene EI eer a TO Alley Hartness { \ No. 56 State vs Tom Hartness No. 57 State vs John Johnson No. 58 Stats vs Roger Bennett No. 59 State vs J L Poole No. 60 State vs Samuel Shoemaker Manuel Shoemalcer No. 61 , State vs Mrs W F Kirlman No. 62 \ State Sows Parks Cook No. 63 State \ vs Sam Phifer No. 64 State NS vg Van Benfield 57- A True 47- A True 46- A True 48- A True 5l- A True This Honorab August 5th, Bill Bill Bill Bill Bill ) { J ( } } ! { ! Re Se IN THE SUPERIOR COURT AUGUST TERM 1931 Tuesday August 4, 1931, MANUFACTURING LIQUOR Continued for Bill ) DRIVEING CAR WHILE INTORICATED Continuedby¥ consent ASSAULT WITH DEADLY WEAPON The defendant comes into open Court and through his counsel Hugh G Mitchell waives Bill of Indictment and pleads guilty to Assault with deadly weapon, It is ordered and adjudged by the Court that prayer for judgment be continued upon payment of the cost un. til the November Term of this Court. Defendant to give a bond in the sum of $100.00 for his appearence at said term to show that he has been of good behavior and has attended school regularly and abide the further orders of the Court, BF ORGERY Continued by consent LARCENY Prayer for judgmentz continued until term of this Court, next criminal ASSAULT WITH DEADLY WEAPON Continued by consent MANUFAC TURING LIQUOR Continued for Bill FORGERY The defendant comes counsel waives the Bill of Indic tme nent and pleads guilt to an attempt to commitz a felony, to-wit, fosaueee " DRUNK AND DISORDERLY The defendant comes into o to 1 en C to being drank ana discedeett ourt and pleads guilty y which plea is accepted. le Court takes a reeess until w. 19351 at 9:30 O'clock, ednesday Morning eee JU 6 Pres 3 q Be es ) \ IN THE SUPERIOR COURT : AUAGUST TERM 1931 39 Wednesday August Sth, 1931, This Honorable Court convenes according to adjournment Wednesday Morning August 5th, 1951 at 9:50 O'clock for the dispatch of bisiness NOe 7 i State ! vs : : Herbert G Morrison ORDER It appearing to the Court that the defendant, Herbert G Morrison, paid the sum ofdered by the Court up to the day of ___s., 19%, when he was sentenced to the roads for a term of gix months in said cause, he having failed to pay two monthly installments, at $15.00 each, and it further appear» ing to the Court that since his imprisonment he has paid the sum due up to the time of his imprisonment; It is therefore considered and ordered by the Court that the bond be and the same is diseharged,. P A McElroy Judge Presiding. Bankers Trust Co. ORDER City of Statesville, Order heretofore made by the Court that the above entitled case be placed as the first case on Civil Calendar for Aug. Term 1931, be continud and made to apply for November Term 1931. \ No. 34 { MANSLAUGHTER , \State { The defendaht comes into open Court and through his vs { counsel Kemp B Nixon tenders the State a plea of guilty Flake Munday ) of an assult with a deadly weapon which plea is accept- ed by the State, Prayer for judgment continued, on recommendation of the Solicitor, during good behavior for a term of two years, upon condition that the defendant pay all cost of the case and pay into this court to the use and bene- fit of Vernie Evans the sum of $265.00 and to Israel Gregpry the sum of $270.00 for the payment of doctow mtk bill, funeral expenses and attorney fees, No. 35 GIVING WORTHLESS CHECK State Alias Capias vs 0 M Moose No. 39 TRANSPORT AND POSSESS LIQUOR State \ Alias Capias Walter Owens } t t 4 f ) vs j 4 { ! ! $ Noe 40 FORGERY \ State Continued by consent ™ vs Wn Branch Nox 65- A Trfe Bill 54- A True Bill IN THE SUPERIOR COURT AUGUST TERM 1931 Wednesday August 5, 1931. No. 63 State w\ vs ‘Sam Phifer FORGERY It is ordered and adjudged by the Court tha ant be imprisoned in the common jail of Iredell County public roads of the State under the control of the State 145 Public Laws of 1931, not to wear stripes, Wd Morrison and Clyde Thomas and returned into open Court a verdictvof guilty as to Charlie Hoffman and Albert Hoffman, the court having entered a verdict of not guilty as to Charlie Smith, fendant Albert Hoffman be im ] prisoned in the common 3 of Tredell County for a ter 4 oa work ~ public roads of the State under the control of the State Highway Conmis: ursus e Highway Commission, pursuant tonthe provisions pf Chapter 145. Public Laws of 1931, It is ftirther ordered by the Court that the defendant Charlie Smith be imprisoned in the Vounty for a term of FIGHT on the public roads of the os. m T74 wiaewnee ’ State Highway Comn&ssion, Laws of 1931, comnon jail of Iredell “MN MONTHS and assigned to work State under the control of the pursuant to chapter 145 Publie SCL FA DOCKET Now 2 } FORFEITURE OF BonD, 4 - e ; PP ig ordered and adjudged by the Court that the for- ° : * O4 Sond tn this case in sum of$200.00 be made solute and execution be issued against said bondsman JS Current “ . ree ; FORFEL TURE OF BOND Stat ntinu : n i & Continued until Nov Term 1931 R L Bibee t mh at eas OF BOND - ; Alias Sci Fa and continued Charley Hartsell t o FORFEITURE OF BOND 7 o eye } Alias 6ci Fa and continued Blain Goodin { i Mo. 5 } FORFEITURE op BOND, i“ e § Continued b a Y consent Duke Templeton j No- 9 fh r cine. ABANDONMEN - Grand Jury returned "A True B411# Herbert G Morrison vs ' ! t the defend. for a term of THREE MONTHS and assigned to work upon the Highway Commission, pursuant to the provisions of Chapter No, 64 { DRUNK AND DISORDERLY State 4 It is ordered and adjudged by the Court that the de- vs } fendant be imprisoned in the common jail of Iredell Coun- Van Benfield { ty fora term of THIRTY DAYS ana assigned to work on roads or any county institution designated by the County Commis. sioners, Noe 65 f HOUSEBREAKING LARCENY AND RECEIVING State f The defendants come into open Court and through their vs { sounsel J G Lewis, who was appointed by the Court to re- Charlie Hoffman {| present said defendants, and pleads not guilty. The fol- Albert Hoffman { lowing jury was sworn and empannelled as follows, WJ 7 Charlie Smith } Page, DB Morrison, A H Boggs, J w Webb, J F Redman WJ Matheson, Glenn P Stevenson, J L Barks, A M Guy, L ? Hoover, " It is ordered and adjudged by the Court that the de- m of SIX MONTHS and assigned to IN’ THE SUPERIOR COURT AUGUST TERM 1931, 4] Wednesday August 5, 19313 To Honorable P A McElroy, Judge Presiding. We, the Grand-Jury, at August Term of Court, 1931, beg to make the following report: We examined and passed on all bills that’ came before us, We visited by committee all the offices in the Court house, the County Home, jail, the camp where prisoners are kept in the County, also three squads of men at work in the County. In the Court House we found all offices in good condition. We find that all books and records are audited at least once a year by competent certified public accountants and that their reports are filed in the Register of Deeds office where they may be inspected at any time by any citizen or taxpayer in the County, At the jail we found twenty-two prisoners, eleven white men, five col- ored men, and six colored women. We recommend that the railings at the head of the stairs on the third floor be repaired. We found the prinsoners! quar tess in good condition . We find at the County Home fifteen white men, twenty-one white women, ten colored iien, and nine colored women inmates; six colored and one white convict helpers. We found that they harvested this year thirteen hundred and ninety-three bushels of small grain. One hundred bushels of Irish potatoes. A total of thirty-one head of hogs, twenty-two cows, and two hundred and fifty chickens; also four fine mules, They have canned three hundred and fifteen one-half gallon jars of fruit, They need about another thousand jars to cane for approximately another one thousand bushels of peaches. Prospects are good for a large crop of corn, They have plenty of pasture for their cattle and hogse They still have cured meat, fourteen hams of about thirty-five pounds each, beside a quantity of other meat. Nine inmates are under the care of a doctor, The general heatth is good. We found the Home well kept and the farm in a splendid state of cultivation. We recommend that a new wash house be built and a washing machine installed. Also that all broken and torn window and porch screens be immediately replaced with new ones, ‘e visited the Convict Camp. They have a total of one hundred and two convicts. We found the quarters in good, clean condition, In talking té Some of the convicts they all reported they were all well cared for and also well fed, Respectfully submitted, L N Brown Foreman rain tpeetaaatntepmastaety se AUGUST TERM 1931 North Carolina, Iredell County Franklin Rayon Corporation Royal Litta@é, Richards-Ronsheim Vreeland Company, Incorporated, and all other stockholders and creditors who may come in and make themselves parties to this action, vs ! § ) 0 ! ! ) f ) Gagner Manufacturing Company, Inc. This cause coming on to ing Courts within the Fifteenth Judicial Distr ‘lina, and bein & heard, and it appearing to the and things in controversy herein have that the final account of the Receivers and i ed; t further appearing that said the duthes of their offices and obeyed in all Courts Tr a t je S, therefore, ordered, adjudg and H I Newbold, Receivers herein be, and they as Receivers in the J above entitled and cause; their bond as Receivers } s be, and Aug oS Dated oth 1931, North Carolina, In the Iredell County, To His Honor, P a MeElroy, Judge Presiding I, Zeb v Long, Solicitor Carolina, respectfully report to the Court that carefully examined and inspected to the best of the office of the Blerk from said examination ang inspection that ed in a most highly effics 6ént and sa conformity with the law S°vernigg the administra office, Approved: P A MeElro ‘ Judge Presiding, Zeb be heard before PA ~ they are hereby rel of the Court, Hon John L IN THE SUPERIOR COURT Wednesday August 5, 1931, In the Superior Court ORDER McElroy, Judge hold. ict at Statesville, North Caro. Court that all of the matters been fully settled and determined, and has been heretofore filed and approv- Receivers have properly discharge: + respects the’orders of this ed and decreed that said Paul Stevens are hereby finally discharged hat the Surety or sureties on eased and discharged, PA McElroy Judge. Superior Court August Term 1931 of this the 15th Judicial District of’ North I have at this term of court my ability the conduct of Milholland; that I find the said office is being conduct- tisfactory manner and in all respect in tion and conduct of said * V Long Solicitor ee | i ae yrs Nee oY es RGB LG FLT “2 Oo we Worth Carolina, In the Superior Court Iredell Countye Mommas * Howard Company, a Corporation, Plaintiff. vs JUDGMENT OF Morrison Manufacturing Company, NON-SUIT. a Corporation, Defendant This cause coming on to be heard and being heard before His Honor John L Milholland, Clerk of the Superior Court of Iredell County, and it appear ing that the parties in this action have agreed to compromise their aifferences, and upon motion of Adams & Dearman, Attorneys for the Plain- Laff for Judgment of Non-Stit; It is therefore, ordered, adjudged and decreed that the plaintiff to take a Non-suit and be taxed with the costsSe Mis the 3rd day of August, 1931. iL Milholland Superior Courte North Carolina, In the Superia Court, Iredell County. Jack Joyner, Trustee for Kelly 9 Clothing Company, Bankrupt, : Vs. ] JUDGMENT, 0 C. L. Kelly, This cause coming on to be heard before the undersigned Clerk of the Superior Court, and it appearing to the court that the above action was commenced in this court on June 26th, 1931, by the plaintirfr filing a verified complaint in this office, at which time summpns was issued to the Sheriff of Iredel} County directing him to serve a copy of same together with a copy of the verified Complaint upon the defendant; that on the e7th day of June, 1931, the Sheriff of Iredell County caused said Summons and complaint to be served upon the defendant by leaving & copy of each with him; that more than thirty days have elapsed since service of said summons and complaint and the defendant has failed to answer, demur or in any way to raise an issue in this cause; that the plaintiff demands judgment of the defen: ant for $2254.94, the same being a balance struck and an amount agreed to between the stock-holders of the bankrupt, Upon the facts found, and conclusions of the court, it is ordered and ad judged that the laintiff mocover of the defendant the sum cf $2254.94, cost of this action to be togetler with tk taxed against the defendant, This August 10th, 1931, Jchn L. Milhcliand oa Clerk cf the Superfor Court. BAAS FE4E 4-3 Seat 9: ge ge ges MITES SE 4t ge geo RFS HH Hae ge NORTH CAROLINA 1N THE SUPERIOR COURT. IREDELL County, STATESVILLE FLOUR MILLS COMPANY, &@ corporation, PLAINTIFF, Vs. JUDGMENT, C. H. BROWNELL, DEFENDANT, Coo OOOO OOO Clerk of State of North Carolina, and te ing heard, when and where it appeared to the satis- faction of the Court thet 11 matters ang things involved in this litigation heve _ fully settled ana adjusted, the defendant has greed to pay, and the plaintiff hes @greed to accept, the sum of Four Hundred Forty-five and 05/100 ($445.05) Dollers # principal, and the further sum of Eight and 50/100 ($8.50) Dollars Court Costs, noire 47 Four Hundred Fifty-three and 55/100 ($453.55) Dollars; 1 of Fou a tote Now, THEREFORE, in acccrdance with the *serms cf said compromise, settlement a adjustment, and by consent of Counsel representing beth plaintiff and defendant, ‘ is considered, ordered and adjudged by the Court that the plaintiff have ana cad of the defendant the sum of Four Hundred Forty-five and 05/100 ($445.05) mee principal, together with Eight and 50/100 ($8.50) Dollars costs, making a tcteal of Four Hundred Fifty-three and 55/100 ($453.55) Dollars, and this judgment, ween paid, shall be a full and final tar in favor of the plaintiff and against the pads: for all actions and causes of action which the plaintiff has, or may have, against the defendant up te and including this date. & It is further ordered that the plaintiff be taxed with tre balance of the costs in this case.. John L. Milholland GC. Ss. Go This the 10th day cof August, 1931. CONSENTED TO; Scott & Collier orneys for ain . Lee & Lee orneys or erendant, MBER BE TE BEEBE ESE HE HOSES SESE NE HEHEHE HE 46 ESE HE PERER BEBE AE FEE SESE AE HK HEN SE NORTH CAROLINA, IN THE SUPERIOR COURT, IREDELL COUNTY, BEFORE THE CLERK. Merchants & Farmers Bank, Statesville, North Carolina, Plaintiff, JUDGMENT Vs. L, B. Bristol, Mary C. Bristol, H. C, Bristol, M. C, Williems ana J. B. Roach, Defendants, SOO SoS OOO This cause coming on to be heard as to the defendants, L, B, Bristol, Ma y C. Bristol and H. C, Bristol, and being heard before the undersigned Clerk of Superior Court for Iredell County, North Carolina, and it appeering to the Court that the pleintirf filed ite duly verified complaint in this action on the 12th, day of June, 1931, and that on said date summons was issued and duly served upon sata defendants, L, B. Bristol, Mary C, Bristol and H, C, Bristol, and, it appear- ing further to the Court that more than thirty days have elapsed since the date of Re service of sata Summons, and that the defendents, L, B. Bristol, Mery C. Bristol Nor either of them have appeared, answered or demurred to the complaint of the Plaintite, @nd that the pleintirr is entitled to judgment by default finsel on its Verified Complaint, and it appesring further to the Court that this action was instituted to reco ©: n ver the principal sum of $4,500.00 together with interest theree BS eo 49 . to December 10, 1931, not issue on this judgment prior , : from March 16th, 1931, until paid at the rate of 6% per annum on a certain t 10th, 1931 68) a4 This Augus Ny ° promisory note of the said defendants fully set forth in the Plaintire', Comply John L, Milholland ’ Clerk of Superior Court, IT IS, THEREFORE, ordered, adjudged and considered by the Court the: th Plaintiff recover of the defendants L. B. Bristol, Mary C. Bristol and H, ¢ By Consent of: Bristol, jointly and severally, the sum of $4,500.00 together with interest then Raymer & Raymer on from March 16, 1931, until peid, at the rate of 6% per annum, and for the By A. B. Raymer e , titgineys Tor the plaintirT, costs of this action to be taxed by tie clerk, CAA SONS This the 10th day of August, 1931, Lewis & Lewis : tl By @. E. Lewis John L, Milhollana a oe eres ok of the Superior Court to Iredell County, Nerth Caroling, SEH SESE AE SE SE HE HE HEE 4E-4E HE aE HAE SE ae ae Sea gEaE ae 4 4% BUA THT He EHH He ge 046 ae sete ae ge ae ge ge RUG IE E HER HEE HH He te HA H Sede Hse He He aa gt ae North Carolina, In Suverior Court, NORTH CAROLINA, IN THE SUPERIOR COURT, Iredell County. IREDELL county, BEFORE THE CLERK. Iredell County t mF , Virginia-Carolina Chemical 6 6 1 | SER PEP aston, PLAINTIFF, \ vs. JUDGMENT OF NON-SUIT. HH Wi Vs. 4 JUDGMENT Commercial National Pank of } Ha Statesville, North Carolina, i G. C. Kimball, DEFENDANT, , ? i The defendant, Commercial National Bank of Statesville, Nerth Carolina, This cause coming on to be heard, and being heard hefore the undersigned having come into court threugh E, W. Jones, its Receiver, and E, M, Land and Clerk of gs 1 Y Superior Court for Iredell County, North Carolina, and it appesering Miiias i Bees ‘ts geet and having submitted to ea voluntary non-suit j 6 ymer, nevs, 2 g ) volun Vv ~ to t 16 Court that this ai tion was inst V p i 0 t p promisory note of the defendant as full y set forth in the plaintiff's complaint p P further defenses in its answer filed on Febraary 13th, 1930. to recover the balance of $880 59 : *OY, Principal. to ether with interest on said sum , It is now ordered and adjudged that the defendant be and is hereby non- at the rate of 6% per annum from December 12, 1930, until paid, and it appearing a. suited upon the counterclaims set up in its answer and that the defendant pay the or the plaintiff filed its duly verified complaint in this action oe ses : | ‘Ost o 8 action on t 22n } : ; © 22nd day of June, 1951, and thet summons was issued on said date ard duly This Merch 18th, 1931, served } : ms upon the defendant on the 23rq day of June, 1951, and it appearing to the Court that the defendant, G. C. Kimball 9 John L, Milholland Clerk 6f Superior court of iredell filed an answer to the plaintiff's com Ccunty, Nerth Carclina. Plaint on th Vv 1 " © day of July, 1931, and now comes into court, the defendant, and Pl voluntarily withdraws i ; eintiff in open court excepts to signing the foregcing judgment and gives notice J said answer with the consent of the plaintiff; and, it appr ‘ ing further to the Of appeal, Notice waived, court that more than thirty days have elapsed since the service John L, Milholland Of said summons . » and that tle plaintirr is entitled to judgment by default finsl, Clerk Superior Court. sa answer havi : “Ving been withdrawn, and saig defendant being without answer or 4 “ost $11.05 paid by defendant, : | Pat urrer to the complaint of the Plaintiff; This August llth 1931 ’ ° IT Is, THEREFORE, upon metio plaintiff, Virginia John L, Milholland ~Carolina Chemical ¢ “rporetion, by and with the consent of Clerk 5 ‘ Lewis & Lewis, . erk Superior Court A He htt 3: ERE itt ah ot ae ate ae 4 48-46-2648 4 with interest on said sum at the rate : ila ai \ North Carolina, In the Superior Court, Tredell County. August Term, 1931, Iredell County. 0 § WITHDRAWAL OF APPEAL Vs. 0 0 FROM JUDGMENT oF THE CLERK, Commercial National Bank. 9 The Plaintiff in the above entitled action hereby withdraws the appea) heretofore neted by it from the judgment of the Clerk of the Superior Court of Iredell County rendered in this cause, permitting the defendant to take » non-suit as to its alleged counter-claim set up in its answer, ae Grier, Sr, P,. P. Dulin John A. Scott By John A. Scott BPE BEN Bede Ht 90-90 ae ge ae gy VM HAE SESE 86 gt ae ge ge Me HH He Sete 4-46 4t segs ge 4 North Carolina, ) In the Superior Court Iredell County. 4} J P Cavin trading as t Cavin's Funeral Home } j } vs JUDGMENT? Ben S High This cause coming on to be heard on Monday, August 24th 1931, before John L Milholland, Clerk of the Superior Court of Iredell County, North Carolina, and it appearing to the Court that this action was insti- tuted on theb9th day of July, 1931 ana that summons and complaint was duly served upon the defendant, Ben s High on July 17th 1931, And it further ap- It is therefore ordered and adjudged thatthe Plaintiff recover of the defendant the sum of $290.45, with interest u 27, 1988 until paia Pon said amount from Nove » and for the costs of this action to be taxed hy the Clerk of this Court, John L Milholland Clerk Superior Court, THe Shiite thse se aeap Te eeth stb aeeae ap ol North Carolina, In the Superior Court Tredell Countye Before the Clerk t National Bank id den toaville, Plaintiff t 4 ti ' JUDGMENT ' WA Bristol, Defendant This cause coming on to be heard, and being heard before His Honor, John L Milholland, Clerk of the Superior Court of Iredell County, North Carolina, and it appearing to the Court that summons as issued in the above entibled matter on July 15, 1951, and that at the time of the issuance of said summons a duly verified complaint was filed in the officeof the Clerk of this Courts; that on July 16, 19351, a copy of said summons and complaint was served on the defendant, WA Bristol; that no answer, demurrer or other pleading has been filed in this cause on or before this the 24th day of August, 1951; that the time for answering, demurrfing or otherwise pleadings has now expired, and it further appearing to the Court from the allegations of the complaint that the plaintiff is entitled to the relief demamded: Now, therefore, it is considered, ordered and adjudged that the plaintiff recover of the defendant the sum of $334.59, with interest from March 20, 1930, until paid at the rate of 6% per annum, together with the costs of this action to be taxed by the Clerk, John L Milholland, Clerk Superior Court, Pte test s6se ses ae Bie sete arse set State of North Carolina, In the Superior Court County of Iredell, The Federal Land Bank of i Columbia, Plaintiff vs } JUDGMENT AND ORDER OF FORECLOSURE Curtis Holbrooks, and wife | Nettle nolbrooks » Claudia H Wasson, Mary B Summers and Annie Bowles, Admrxs, of AA Hines, y P Dulin and Rachel King, Admrs, Defendants. This 1s an action for the foreclosure of a mortgage made, ex- ecuted and delivered to the Feredal Land Bank of Columbia by the defendants Curtis Holbrooks, and wife Nettie Holbrooks on the 22nd @ey of December ,1922, to secure a note of even date therewith, given by the said defendant to the said Federal Land Bank of Columbia, which is now the legal owner and holder hereof, in the sum of Six Hugdred ($600.00) Dollars, with interest thereon o2 at the fate of (53) per centum per annum from the date thereof and payable in a certain number of definitely stated amortization installments, the said mortgage having been duly recorded in the office of the Register of Deeds for the County and State aforesaid on the 22nd day of December, 1922 in Book 56 at page 102, and covering the saihe lands decribed in the comp- laint heretofore filed in this cause, which are located and bounded as fol. lows: All that certain piece, parcel or tract of land containing 41% acres, more or less, situate, lying and being on the Public road which con- nects the Winston Highway with the Coal Springs Public road about 12 miles North East of Statesville, in Turnersburg Township, Iredell County, State of North Carolina, having such shape, metes, courses and distances as will more fully appear by reference to a plat by M C Ijame 23rd day of November, 1922, copy of which is on file Bank of Columbia, and adjoining the lands of C Rensha Dierty on the Kast, H F Owings on the South and Walte West, It appearing to the satisfaction of the Courtbthat the Summons here- inwas issued on the 15th day of May 1931, and that the same was duly served on all the defendants herein more than thirty (30) days prior hereto and the complaint, properly verified, was filed herein, as required by law, a copy of which was duly and tegally served on all defendants; and it further appearing that the defendants Curtis Ho@brooks, and wife Nettie Holbrooks, Claudia H Wasson, Mary B Summers, and Annie Bowles, Admms of A A Hines, P P Dulin and Rachel King, Admrs., have neither appeared, answered nor demurred theretc and are no w in default and that the facts alleged in the plaintiff's complaint are true and correct, that the condition of the mort- gage herein mentioned has been broken and that there is now due and owing to the plaintiff on the above decribed indebtedness the sum of Six Hundred and Twelve and 84/100 ($612.84) Dollars, for all of which the plaintiff is entitled to demand judgment, IT Is, therefore, on motion of plaintiff's attorneys, ORDERED, ADJUDGED AND DECREED: First: That the plaintiff, The Federal Land Bank of Columbia, have bth rob, WOW (her he Gute, ; ' { gudgment against the “etendantesfor the sum of Six Hundred and Twelve and 84/100 ($612.84) Dollars, with interest thereon at the rate of six (6%) per annum from the date hereof until paid, together with th ments of this action; © costs and disburse- Second: That One-half of the » and the balance on credit, pay- able in two (2) equal annual ins$allments, with interest thereon from date of sale at the rate of six (6%) per centum per annum, fhe cash portion of the accppted bid shall be applied toward the payment of the costs of this action, including the compensation to the Commissioner, unpaid taxes assessed upon the property and assessments which may be past due and unpaid, and judgment of the plaintiff tin the order stated, The credit portion of the accepted bid due plaintiff shall be evid- enced by a bond or note of the purchaser, payable to the Commissioner secur- ed by a first mortgage over the premises, and the remaining balance of the eredit poption of the accepted bid, if any, shall be evidenced by a bond on note of the purchaser payable to the Commissioner, and secured by a second mortgage over the premises; the said first mortgage over the premises and the bond or note secured thereby shall be assigned by the Commissioner to the plaintiff, and the said second mortgage over the premises and the bond or note secured thereby shall be held by the Commissioner subject to the further order of this Court; provided, however, that the purchaser shall have the right to pay in cash the whole or any part of the credit portion of the ac- cepted bid. The purchaser shall pay for the preparation and recording of all papers including the requisite revenue stamps; provided, however, that re- venue stamps need not be placed on the deed of conveyance to the plaintiff, should it become the purchaser, or on the bond securing any balance due the plaintiff, Fourth: That Robert A Céblier be, and he hereby is, appointed Com- missioner of this Court to advertise and sell to the last and highest bidder therefor, upon the terms herein set forth, the mortgaged lands described in the Complaint herein and report his proweedings hereunder with a complete statement of his receipts and disbursements for further consideration and orderes by this Court; that, unless the plaintiff becomes the purchaser, the Commissioner do require the successful bidder to deposit with him the sum of Fifty ($50.00) Dollars either in cash or by certified check, as earn- est money or evidence of good faith, this sum to be applied on the bid should there be a compliance with the same; but should the successful bidder fail to make such deposit immediately at the time of acceptance of his bid, then the said premises shall be at once resold at such bidder's risk, on the same sham Sales day or upon some subsequent sales day, at the option of the plaintiff or its attorney; however, should the successful bidder make the said deposit and thereafter fail to comply with the said Bid without just cause or legal excuse shown, then such deposit shall be delivered to the plaintiff and re- tained by it as liquidated damages, and the premises shall thereupon be re- Sold upon the same terms and at such purchaser's risk on some subsequent sal¢ day to be designated by the plaintiff ar its attorney; that permission is Given to the Federal Land Bank of Columbia to bid at said sale or at any re- sale of the saia mortgaged lands and, should it become the purchaser, after Paying the costs and necessary disbursements of this action, the amount of Re BEY Ae? 6h ie oe Be 4ts bid shall be applied as 4 credit uponnthe judgment rendered herein; Fifth: That upon the confirmation of the sale of said lands by the Clerk of the Court, and when the terms of sale shall have been fully complied with, the said Commissioner shall make title to the purchaser in fee, and thereupon the same shall be put into possession of the said premises on pro- duction of the deed; and the proceeds of sale, after paying the costs of this action, the expenses of the sale and all unpaid taxes then assessed upon the property, shall be applied first to the satisfaction of this judgment in fav- or of the Federal Land Bank of Columbia and thereafter, until exhausted, in discharge of all subsequesnt encumbrances in the order of their priority; Sixth: That upon the sale of the said premises all the right, title interest and equity of redemption of the defendants, Curtis Holbrooks and wife Nettie Holbrooks ag well as all persons whomsoever Ciaiming by, through or under the same in and to the premises or any part thereof herein prdered to be sold be, and the same hereby are, forever barred and foreclosed, John L Milholland, This 6th day of July, 1931. Clerk Superior Court State of North Carolina, In the Superior Court County of Iredell. The Federal Land Bank of Columbia, Plaintiff. vs ORDER CONFIRMING SALE Curtis Holbrooks & wife Nettie Holbrooks, P P Dulin & Rachel King, et al Defendants. On hearing the Report on Sale filed by the Commissioner in the above entitled cause on the 10th day of August, 1931, and it appearing to the Courtthat the said sale was duly advertised and held in accordance with law and that no exceptions have been filed to said report and the requirements prescribed by law to obtain a resale of the property have not been complied with, it is ORDERED that the proceedings, sale and report of the said Commission®? be, and the same hereby are, approved and confirmed in all respectse FURTHER ORDERED that the said Commissioner, upon compliance with all the terms and conditions of said sale, make, execute and deliver to the pur- chaser a proper and sufficient deed of conveyance of said lands and that the said purchaser be let into possession of the premises upon production of the Commissioner's deed, D0 FURTHER ORDERED that the purvhase price of the said lands, after de- ting the costs and expenses of sale, including & Commissioner's fee in the duc at of Twnety-five ($25,00) Dollars, and the costs of this action, and all am aia taxes then assessed against the property, be credited upon the judgment unp taken herein; and that the said Commissioner ad submit to the Court a statemen > of his disbursements of the preceeds of said sale. This @ist day of wile. 1931. John L Milholland Clerk Superior Court. ie Re Se ee ee In the Superior coum State of North Carolina, Bounty of Iredell The Federal Land Bank of Columbia, Plaintiff t : va j ORDER CONFIRMING SALE Nick Dalton and wife Lillie t Dalton, R H Kennedy, Walt ' Campbell, A B Bowles Motor Company, WA Bristol, Trustee i and State National Farm Lean Association, Defendants. On hearing the Report on Sale filed by the Commissioner fn the above entitled cause on the Srd day of August 1931, and it appearing to the Court that the said sale was duly advertised and held in accordance with law and that no exceptions have been filed to said report and the requirements prescribed by law to dbtain a resale of the property have not been complied with, it is ORDERED that the proceedings, sale and report of the said Commission er be, and the same hereby are, approved and confirmed in all respects. FURTHER ORDERED that the said Commissioner, upon compliance with all the terms and conditions of said sale, make, execute and deliver to the pur- chaser a proper and sufficient deed of conveyance of said lands and that the said purchaser be let into possession of the premises upon production of the Comnissioner's deed. FURTHER ORDERED that the purchase price of the said lands, after deducting the costs and expenses of sale, including a Commissioner's fee in the amount of One Hundred ($100.00) Dollars, and the costs of this actién, and all unpaid taxes then assessed against the property, be credited upon the judgment taken therein; and that the said Commissioner do subnit to the Court a statement of his disbursements of the proceeds of said sale. John L Milholland, Clerk Superior Court. This Slst day od August, 1951. ) sete nae sede ae est o6 North Carolina, | In Superior Court Iredell County. } M C Williams and wife, Annie B Williams vs DECREE CONFIRMING SALE OF LAND LB Bristol, HC Bristol and J B Roach This cause coming on to be. heard upon the report of WD Turner and E M Land, Commissioners of the Court, filed on the 25th day of April, 1931 and it appearing to the Court from said report that the said Commissioners, in accordance with the decree entered at the March Term, 1931, sold the lands therein described and referred to on the 25th day of April, 1951, at public auétion at the Court House Door in Statesville, North Carolina, subject to the 1930 and 1931 taxes, and that M C Williams and Annie B Williams were the last and highest bidders therefor in the sum of Ten Thousand Dollars and it further appearing that nd increased biéd and no exceptions have been filed within the time allowed by law; And it further appearitg that the said purchasers have requested that title be made to them in the proportion of an undivided five-twelths to M C Williams and undivided seven-twelths to Annie B Williams; And it further appearing that said sale was open and fair and that the purchasers stand ready to comply with their said bid; IT IS THEREFORE, OREDERED AND DECREED that said sale be and is hereby confirmed and that the said Commissioners be and are hereby empowered and directed to ezecute and deliver to the purchasers a deed in fee for said lands in the proportions hereinbefore set, subject to the costs in this ac~ tion, including a fee to the Commissioners of $500.00, and a credit to be made upon the judgment in this action of the difference between said cost 4nclud- ing aaid fee to the Commissioners and the purchase price, This the 22nd day ofvAugust, 1931. P A McElroy Presiding Judge of the Fifteenth BY CONSENT: Judicial Districts. E M Land Turner, Moss & Winber Attorneys for plaintiff, WC Wiiliams & Annie B Williams Malcolm Cameron Attorney for L B Bristol & HC Bristol Scott & Collier and J B Giver orneys for oac See AEG SE sete sae StH So $ + + o7@ t ) In the Superior Cour North Carolina, dell Coumiy j Before the Clerk Tre me ° uc Wiliams and wife, annie B Williams JUDGMENT vs ape cal > pa qhe First National Bank of Statesville, NC This cause coming on to be heard and being heard before the un- dersigned Clerk of the Superior Court of Iredell County, and it appearing to the Court that the plaintiffs and the defendant have settled and compro- mised their aifferences in this cause, and the defendant desires to withdraw its appeal to the Supreme Court: It is therefore, ordered and adjudged by the Court that the appos peal to the Supreme Court by the defendant be and the same 4s hereby dis- missed, and the judgment heretofore entered by the Superior Court be and the same is hereby ratified and affirmed. This August 26th £951. John L Milholland Clerk Superior Court Iredell County Consent Judgment: Turner, Moss & Winberry By C B Winberr Attorneys for plaintiffs First National Bank Statesville nec By H L Newbold, Cashier. Vefendant. Sete tele ese He ee Mee ee North Carolina, In the Superior Court Iredell Countye Before te Clerk M H Goodrum & Co. i vs ( JUDGMENT MM Knox { This cause coming on to be heard before the undersigned Clerk of Superior Court fér Tredell County, North Carolina, and being heard upon the verified complaint @f the plaintiff, and 4t appearing the summons was idsued in this cause on the 27th day of July, 1931, and duly served on the defendant on the 27th day of July, 1951, by reading and delivering & copy of same together with a copy of the complaint, which was fhled in this office on the 23rd day of July 1931, and it appearing fhat more than 50 days have el- @psed since the service of said summons and the defendant has not appeared, answered or demrred to the plaintiff's complaint and are now in default, and an f ae GD a ae \ ~ o8 it gppearing further that this action was brought for the payment of a note due the M H Goodrum & Gompany by the defendant as set forth in complaint in the amount of $657.65; and it appearing that demand has been made upon the defendant for the payment pf same and that $136.15 has been paid by defend- ant; and it appearing further that there is due and justly owing the plain- tiff by the defendant the sum of $592.34 with interest thereon f om May 25, 1931, until paid, at the rate of 6% per annum. IT IS, THEREFORE, ordered, considered and adjudged that the plain- tiff recover of the defendant the sum of $592.34 together with interest thereon from May 25, 1931 until paid, at the rate of 6% per annum and all gz costs this action. This the 7th day of September, 1951. John L Milholland, Clerk Superior Court Mode 2% a> _— BRB OAM RAN Shoe ot see. SR TARA IN THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF NORTH CAROLINA STATESVILLE DIVISION IN EQUITY American Agricultural Chemical Company JUDGMENT AGAINST H L GILBERT fT Ross Alexander, Inc., T Ross Alexander and H L Gilbert, i vs j j THIS CAUSE coming on to be heard before his Honor E Y Webb, United States District Judge for the Western District of North Carolina at Chambers at Shelby, and it appearing to the Court that this action was instituted in the District Court of the United States for the Western District of North Carolina, Statesville Division, on the 15 day of December, 1930; that pro- céss was duly issued and a verified complaint filed herein on the 15 day of December 1950; that said process and a copy of said verfied complaint were served upon the defendants on the 20 day of December, 1930; that the defend- ant H L Gilbert, has not filed any pleadings herein, or asked for or obtain- ed any extension of time within which to plead; that his time within which to plead has long ago expired and the plaintiff moving for judgment by de- fault final upon the duly verified complaint filed herein; If IS, on motion of Varser, Lawrence & McIntyre, Solicitors for Plaintiff, considered and adjudged that the plaintiff have and recover of the defendant H L Gilbert, the sum of Seven Thousand Eight Hundred Thirty & 60/100 ($7,830.60) Dollars with interest thereon from November 1, 1950, together with the costs of this action, Done at Asheville, NC this 18 day of September, 1931 Bs pi tei 5 dae strict Judge for th B Western District of N Cc. og annie Aderholt, Deputy Clerk of the United States District Court for s eisetet at said place, do hereby certify that the foregoing is a true 3 et Transcript from the Judgment Docket of said Court in this office. sai and perfe is Transeript f£oche<flecketed upo% the Judgment Docket of the Superior Court This of Iredell County IN TESTIMONY WHEREOF, I hereunto set my hand and affixed the seal of aia Court, at office in Statesville, N. C., the 21 day of September, nee g , Annie Aderholdt Deputy Clerk. North Carolina, } In the Superior Court Iredell County. | Before the Clerk H C Cashion } vs t JUDGMENT WP Carpenter, G G Ludwig, 4 and Miss Winona Smith, Admrx. { of R L Smith, deceased. § This cause coming on to be heard and being heard before the undersigned Clerk of Superior Court on Monday, the 28th day of September, 1931, and it ap- pearing to the Court that this is an action on & note for a certain stated sum of money, and that the defendants, G G Ludwig, and Miss Winona Smith, Admrx of R L Smith, deceased, have bee duly served by personal service and have not filed an answer or demurrer within the time allowed by law, and that the defendant, WP Carpenter, has filed and answer and that there is justly due and owing by the defendants to the plaintiff the sum of $1200.00 with interest from the 15th day of May, 1930, until paid; It is therefore ordered and adjudged by the Court that the plaintiff recover of the defendants, G G@ Ludwig and Miss Winona Smith, Admrx of R L Smith, deceased, the sum of $1200.00 together with interest thereon from the 15th day of May, 1930, until paid. It is further ordered and adjudged that seid defendant pay the costs of this actuon to be taxed by the Clerk. This the 28th day of September, 1951. John L Milholland, Clerk Superior Court of Iredell County, seen SY 0 oe, Pe sect > $6 SSE Ute THE SE et % HAIER HH 60 North Carolina, In the Superior Court Iredell County. Statesville Flour Mills Co, § \ vs } JUDGMENT ‘ J F Clevinger { This cause coming on tobe heard before the undersigned Clerk of the Superior Court, by consent of counsel for both plaintirf and defendant, and counsel for both plaintiff and defendant having agreed thattthe plaintire might take judgment for $707.71 against the defendant, J F Clevinger, with in- terest from the lst day of December, 1930 until paid, It is, therefore, considered and adjudged that the Plaintiff recovep of the defendant the sum of $707.71 with interest from December 1, 1930, une til paid, and for the cost of this action, This the 28th day of September, 1931, John L Milholland Clerk Superior Court, Consented To: Scott & Gollier Attorney for plaintirr Cathey & McKinney Attorney for Defendant So hte Do 27 tS tt se ~ I . PRR RRR to OG RE ete ese State of North Carolina, { In the Superior Court Union County, j August Term 1931, N\ state of North Carolina, I vs } JUDGMENR Eunice Blakeney and Mrs $ H A Marsh IT appeating to the Court that Mrs HA Marsh is the prosecuting witness in this cause, and it appearing further to the Court that the said » OP Caused to be instituted, the defendant, Eunice Blakeney, Mrs H A Marsh instituted prosecution against and the Court finds as a fact that the said prosecution is malicious and frivolous and was not brought in the best interests of society; The Court therefore marks the said Mrs HA Marsh as the prose- cutor in said case and hereby taxes her with the costs of this prosecution, to be taxed by the Clerk of this Court; And it further appearing to the Court that & citation was serv- e@ upon the said Mrs H A Marsh » pursuant at the Sugust Term of Criminal Court, 1931, at ten o'clock A M-.August the third, 1931, why she should not be taxed with the costs as prosecuting witness in the said case now pending in the Superior Court; That said notice was duly served upon the said Mrs H A Marsh and she has failed to appear and make answer or show any cause to the Court why she should not be taxed with the costs of this case as prosecutor; It is therefore considered, ordered, adjudged and decreed by the Court that the said Mrs H A Marsh be, and she is hereby, mared as prosecutor in the case of State vs Eunice Blakeney, and judgment is hereby rendered against her in the sum of $44.40 costs of the prosecution of this action, Cameron F MacRae Judge Presiding North Carolina, Union County. I, 0 L Richardson, Clerk of Superior Court of Union County, North Carolina, do hereby certify that the foregoing and attached one (1) sheet is a true and exact copy of the Judgment rendered at the August Criminal Term, 1951, of the Superior Court of Union County, innthe matter oe State of North Carolina vs Mrs H A Marsh et al; and which Judgment I am required by the Superior Court of Union County to transcript for docketa ing in the Superior Court of Iredell County, to the end that further proceed- ings may be had therein, as provided by law. In witness whereof, I have hereunto set my hand and fixed my of- ficial seal, on this the 8th day of October, 1931, O L Richardson Clerk Superior Court of Union Gounty N C 6; North Carolina, | In the Superior Court Iredell County. |} Lazenby-Montgomery Hardware Company and J C Holmes Lumber Company. vs JUDGMENT C L Gruse, Richard Harris, Mary Jane Harris, and Bugh G Mitchell, Trustee. This cause coming on to be heard before the undersigned Clerk of the Superior Court, and it appearing to the Court that the plaintiffs! complaint was filed in this office on the 18th day of June, 1951, and that a copy of said:verified complaint together with a copy of the summons were served on the defendants, Richard Harris, Mary Jane Harris and Hugh G Mitch- ell, Trustee, on the 18th day of June, 1931, by the Sheriff of Iredell Coun- ty, and that a copy of the complaint and summons were served on the defend- ant, C L Cruse, by the Sheriff of Rowan County on the 19th day of June, 19351. It further appears to the Court that more than thirty days have elapsed zt since the said service of the summons and complaint on the defendants, and that they have failed to answer or demur to the plaintiffs! alleged cause of action, It further appears to the Court that the allegations contained in the complaint are tmre, and that the defendant C L Cruse is @ndebted to the Lazenby-Montgomery Hardware Company in the amount of $81.70 with inter- est from the 14th day of October, 1930, until paid, and to the J C Holmes Lumber Company in the amount of $586.36 from the 15th day of August, 1950, until paid; that the said accounts were incurred by the defendant Cruse for materials furnished him in erecting a house on the property described in the complaint; that the defendant Cruse on or about the 6th day of October, 1930, and after the erection of said building, conveyed to the defendant, Richard Harris, the property described in the complaint, and that in con- sideration of the conveyance the defendants, Richard Harris and Mary Jane Harris, executed and delivered a deed of trust to Hugh G Mitchell, Trus tee, for C L Crise in the amount of $1638.00; that the plaintiffs filed their liens within six months from the filing of said lien. It is, therefore, considered, ordered and adjudged that the plain- tiff, Lazenby~Montgamery Hardware Company, recover of the defendant, 0 L Cruse the sum of $81.70 with interest f om the 14th day of October, 1950, until paid, @hd that the plaintiff, J C Holmes Lumber Company, recover of the defendant, C L Cruse, the sum of $586.56 with interest from the 15th day of August, 1930 until paid, and that the liens for the materials furnish ed are hereby declared a prior and preferential lien to that of the deed -— tea by Bib Cruse toiRichard Harris and wife and to the deed of trust execu os cuted by Richard Harris and wife to Hugh G Mitchell, Trustee. exe Tt is further ordered by the Court that Robert A Collier be and he y apoointed Commissioner to sell the said lands, at public auction, 4s hereD and out of the proceeds of said sale, he shall pay the cost of this action, the above judgment, and the balance, if any, into the court. This the 12th day of October, 1931. John L Milholland, Clerk Superior Court. SPRUE Sek Siete ete North Carolina, j In the Superior Court Tredell County. } H L Newbold, Receiver of } the Statesville Buick Company t vs i JUDGMENT J E Horton, S J Stewart, 4 and S M Morrow. 0 This cause coming on to be heard before the undersigned Clerk of the Superior Court, and it appearing to the Court that the complaint in this cause was filed in this office on the 10th day of July, 19351, and that a copy of the summons and complaint were served on the defendants by the Sherriff of Iredell County, and the 16th day of July, 1%13 that more than thirty day have elapsed since the service of said summons and complaint and that the defendants have failed to answesr or demur to the alleged cause of action. It is further found by the Court that the allegations contained in the plaintiff's complaint are true. It is, therefore, conaidered and adjudged that the plaintiff re- cover of the defendants the sum of $211.00 with interest at the rate of six per cent per annum from the 11th day of March, 1931, until paid and that they be taxed with the costs of this action. This the 12th day of October, 1951. John L Milhol land, Clerk Superior Court. Seek ie TTR a Bete ese ee 64 North Carolina, ( In the Superior Court Iredell County. ( R M Lazenby and wife Naomi Lazenby vs JUDGMENT Roy R Harris and Lula G Harrsi. This cause coming on to be heard before the undersigned Clerk of the Superior Court and it appearing to the Court that the complaint was filed in this office on the lst dag of September, 1931, and that a copy of £ the summons and complaint were served upon the defendants by the Sheriff of Guilford County on the 3rd day of September, 1951; that more than thirty days have elapsed since the service of said summons and complaint and that the defendants have failed to answer or demur to the complaint. The court further finds it a fact that the allegations set out in the plaintiffs complaint are true. It is, therefore, condidered and adjudged that the plaintiffs recover of the defendants the sum of $286.03 with interest from the 26th day of Hugust, 1951, until paid, and that the defendants be taxed with the cost of this action, This the 12th day of October, 1931 John L Milholland Clerk Superiér Court North Carolina, | Iredell County. § C D Moss, Plaintif { vs E { JUDGMENT BY DEFAULT FINAL ZR Privette and wife 4 Ida Privette, Yefendants} This cause coming on to be heard before the undersigned Clerk of the Su perior Court on Monday October 12th, 1931, and it appearing to the Court that: the summons a nd a copy of the complaint was served on each of the defend- ants on th e 8th day of September, 19351, and that more than thirty days have elapsed ain ce the filing of the same and that the defendants have failed to demurrer or andwer the said complaint: And it a ppearing to the Court that this is an action for the poss- ession of ac Vv and fpom ertain house and lot in the City of Statesville N CG , ie 65 It is therefore considered, ordered and adjudged that the plaintiff ent for want of an answer as follows, viz: have judgm 1, It is considered, ordered and adjudged that the plaintiff is owner in fee and entitled to the immediate possession and the costs of the the action to be taxed against the defendant. 2, That a writ of possession be issued to the Sheriff of Iredelk County cor anding Rita to place the plaintiff in immediate possession thereof. John L Milholland Clerk Superior Court SRE SE SES i Bh ee - se st ee ee SS 32 BRB Ne eee State of North Carolina, In the Superior Court County of Tredelle The Federal Land Bank of Columbia vs ORDER CONFIRMING SALE Curtis Holbrooks and wife, Mettie Holbrooks, Claudha Wasson, Mary B Summers, and Annie Bowles, Administratrixes of A A Hines, P P Dulin and Rachel King Admrs. On hearing the Report on Sale filed by the Commissioner in the above entitled cause on the 10th day of August, 1951, and it appearing to the Court that the said sale was duly advertised and held in accordance wi th law and that no exceptions have been filed to said report and the requirements prescribed by law to obtain a resale of the. property have not been complied xix with, it is ORDERED that the proceedings, sale and report of the said Commissioner bg and the same hereby are, approved amd confirmed in all respects. FURTHER ORDERED that the said Commissioner, upon compliance with all the terms and conditions of said sale, make, execute and deliver to the purchaser & proper and sufficient deed of conveyance of said lands and that the said pur- chaser be let into possession of the premises. upon production of the Commission ers deed, FURTHER ORDERED that the purchase price of. the said lands, after deduct- ing the costs and expenses of sale, including a Commissioner's fee in the amount of Twenty-five ($25.00) Dollar», and the costs of this action, and “11 unpaid tames then assessed against the property, be credited upon the judgment taken therein; and that the said Commissioner de submit to the Court a state- ment of his disbursements of the proceeds of said sale. This 2lst day of September, 1931. John L Milholland Clerk Superior Court. North Carolina, |} In the Superior Court Iredell County. |} Before the Clerk W E Webb, Receiver of Sterling § Flour Mills, Incorporated, $ ) | vs JUDGMENT Boshamer Grocery Company Tis cause coming on to be heard, and being heard before the un- dersignead Clerk of Superior Court for Iredell County, North Carolina upon the duly verified complaint of the plaintiff on this Monday, November 2, 1931; end it appearing to the Court that the plaintiff filed his verified complaint in this office on the 17th day of September, 1931, and on said date caused swnomons to be issued against the defendant; and it appearing that said summons was duly served upon the defendant on the 22nd day of Sept- ember, 1931, together with a copy of said complaints; and, it appearing fur- ther that more then thirty days have elapsed since the date of the service of said summons, and that the defendant has neither appeared, answered or demurred to the complaint of the plaintiff, and that the plaintiff is en- titled to judgment by default final on his complaints; and it appearing fur- ther to the Court that this action was instituted to recover on a sealed promisory note of the defendant Noshamer Grocery Company to Sterling Fiour Mills, Incorporated, dated Septmeber 15,1930, due ninety days after date, with interest there6n from September 15, 1930, until paid; and it appeare ing that demand has been made upon the defendant for the payment of said note, but that no payment has been made thereon, and that the said Sterling Flour Milis, Incorporated, paid $1.50 protest fee on said note; and it ap- pearing further to the Court that the plaintiff is entitled to recover of the defendant the sum of $240.00, together with interest thereon from Sept- ember 15, 1951, until paid at the rate of 6% per annum, and the further sum of $1.50 paid by the said Sterling Flour Mills, Incorporated as protest fee on said note; IT IS, THEREFORE, ordered and adjudged that the plaintiff recover of the defendant the sum of $225.50, together whth interest on the sum of $240.00 at the rate of 6% per annum from September 15, 1930 until paid, and for the costs of this action, This November 2, 1931, John L Milholland, Clerk Superior Court for Iredell County, North Carolin&te Te Tete eee ee see Fe Se HE ite sete yor th Caroline, Iredell County In the Superior Court or BE. W. Jones, Receiver of 9 at'l Bank of Statesville) ) ee JUDGMENT va Commercial N c. B. Mott ) ™is cause coming on to be heard on Monday, November 9, 1931, upon the verified complaint of plaintiff and 4t appearing to the Court that complaint was filed and summons issued in this action op September 24th 1931 and that both summons and complaint were duly served on defendant onsthe 28th dey of September, 1951 and that the defendant has not filed any answer or demurrer to the complaint and it further appearing that the action is dnstitutéd on 4 sealed note for the recovery of $240.90, with interest from the 6th day of June, 1950; It is therefore ordered and adjihdged that the plaintiff recover of the defendant the sum of Two Hundred and Forty and 90/100 Dollars with interest from the 6th day of June , 1930 and all cost of the action to be taxes by the Clerke John L. Milholland, Clerk Superior Court STATE. OF NORTH CAROLINA, ' County of Iredell. ‘ In the Superior Court. The Federal Land Bank of Columbia, Plaintiff. JUDGMENT AND ORDER Vs. OF FORECLOSURE. T. J. Adkins and W. G. Templeton Defendants. This is an action for the fereciosure of 8 mortgage made, executed and de- livered to The Federal Land Bank of Columbia by the defendant, T. J. Adkins on the 5th day of June, 1926, to secure a note of even date therewith, given by the said defendant to the said The Federal Land Bank of Columbia, which is now the legal owner and holder thereof, in the sum of FORTY THREE HUNDRED... .($4300,00) Dolinrs. with interest thereon at the rate of (5%) per centum per annum from the date thereof end payable in a certain number of definitely stated amortization installments, the said mortgage having been duly recorded in the office of the Register of Deeds for the County and Stete aforesaid on the 7th dey of June, 1926, in Book 59 at page 165, and covering the same lands described in the Complaint heretofore filed in this cause, which are located and bounded as follcws: All that certain tract or parcel of land containing 154 acres, re less, located, lying and being in Chambursburg Township, County of Iredell, State of North Carolina, and being bounded on the North by the lands of G. S, Page and E, S, Hager, on the East by the lands of R. Cc. Phifer, on the South by the lands of M. B. Cashion and on the West by the lends of E.§ Hager and Lock Moore, and having such shapes, courses and distances as will more fully appear by reference to a4 plat thereof made by S. 0. Lazenby, Surveyor, dated the 3rd day of May, 1926. i It appearing to the satisfaction of the Court that the Summons herein wes issued on the 6th day of October, 1931, and thet the same was duly served on all tle defendants herein more than thirty (30) devs prior hereto and tie Compliant: 2 verified, was filed herein, es required by law, @ copy of which wes oy reegety Served on all resident defendants; and it further appearing that the de- tendants, T, J. Adkins and W, @, Templeton, have neither appeared, enswered Adl, sg Com: 4 thereto and are now in default and thet the fects alleged in the p nt Plaint are true and correct, that the condition of the mortgage herein er tate a8 been broken and that there is now due and cwing to the plaintiff on the @ * described indebtedness the sum of FORTY SIX HUNDRED for all of which the plaintiff is motion of pleintiff's attorneys, ORDERED, ADJUDGED AND DECREED: First: That the plaintiff, The Federal Land Bank of Columbia, have sacs the defendants, T, J. Adkins, for the sum of FORTY SIX HUNDRED FIVE ( FIVE AND 62/100 entitled to demand judgment, Iv Tem i 4605.62) Déllers, with interest thereon at the rate of six (6%) tec AND 6 cen 5 from the date paid, together with the costs and disbursements oft, hereof until Second: That unless the indebtedndss herein adjudged to be due the plats j including the costs and disbursements of this action, is paid immediately the i described in the said mortgage to the plaintiff be sola at public auction at the Court House Door in this County on the 12th day of December, 1931, in aCcordang with law, and the proceeds thereof, after paying the costs of this action end th expenses of the sale, including compensation for the Commissioner in not to exceed five (5%) per centum of the accepted bid, together with all and unpaid taxes and assessments thereon, shall be applied first upon this ment and the surplus, if any, psid into this Court for the benefit of those entitled thereto; Third; That the terms of sale shall be as follows: one-fifth (1/5) of the accepted bid to be paid into Court in cash, and the balance on cfedit, payable in five (5) equal annual installments, with interest thereon from date of sale at the rate of six (6%) per centum per annum, The cash portion of the accepted bid shall be applied toward of the costs of this action, including the compensation to the Commi taxes,assessed upon the property and assessments which may be past @ and judgment of the Plaintiff in the order stated, The credit portion of the accepted bid due the plaintirf shall be evidenced by a bond or note of the purchaser, payable to the Commiss mortgage over the premises, and the remaining balance of the credit portion of the accepted bid, if any, shall be evi. denced by a bond or note of the purchaser payable to the Commis sioner, and secured ty & second mortgage over the premises; Over the premises and thy ; the said first mortgage assigned by the Commissioner to the plaintiff, and the said second mortgage over the premises and the bond or nete secured thereby shall be hela by the Commissioner subject to the further order of this Court; provi- | pay in cash the whole er - The purchaser shall pay for ti preparation and recording of all papers including the requisite revenue stamps; pre | viddd, however, that revenue stemps need not be placed on the deed cf conveyance to | the plaintiff, should it become the purchaser lance due the plaintirr, oe oo portion of the accepted bid Fourth; : appointed Commissioner - ute Court to © the last and highest bidder therefor, upon ne terms herein set forth, the mortgaged lands described in the Complaint hepein and report his proceedings hereunder with a complete statement of his receipts and che erareeeee Fee ga consideration and orders by this Court; that, unless ecomes ‘6 purchaser, the s 1 bidder to deposit with him the sum of ; meee 00} Dollare etthenin cash or by certified check, enonenunared ($500.00) Dollers either in That R. A, Collier be and he hereby i advertise and sell t2 " nioe damages, and purchaser's risk on so attorney; t seid sale -r at any regal fc ad Bank of Columbia to bid @ ; after paying tne Pe the said mortgaged lands and, should it become the purchesel, and n 89 its bid shall be applied as a eredit Upon teen sements of this action, the amount of Fifth; the judgment rendered herein: the Court, ana when the te Theat upon the Confirmatio Commissioner shall make t4 be put into Possession of ceeds of sale f n of the sale of said lands by the Clerk ° hall have been fully complied with, the oI ‘© purchaser in fee, and thereupon the se On productio f the deed; and » efter paying the costes of this a the skateaa of the sele # tite . the Preperty, shall be applied first to the é after, until exhausted Federal Land Bank of Columbia end rder ’ 11 subsequent encumbrances in the ordel Sixth: That upon th ane equity of redeaptie chee whomsoever claiming by, through part thereof h j bee rer foreclosed’? Ordered to be sola be, n of the defendant. W° premises all the ren title, interes : - G, Templeton, as well es all pe the premises or 8m and the same hereby are, forever John L. Milhollan This the 9 day of Nove., 1931, ~~ Clerk Superior Sourt. IN THE SUPERIOR COURT Novemmer Term 1931 Monday, Nov. 9, 1931 North Carolina, Iredell County Be it remembered thatha Superior Court begun and held in and for the State and County aforesaid, beeper, 1931, the same being the 9th day of November, 1931, A. D., when and where his Honor, P. A. McElroy, Judge presiding and holding courts for the Fifteenth Judi cial District, Fall Term, 1931, and the Honorable Zeb V. Long, Solicitor, is present and prosecuting in the nam of the State, into open court the name of the following good and lawful men to serve as jorors for the first week of this term of the Superior Court, to-wit: The following were drawn and sworn as petty jurors for the week;, C. M. Robbins, Glen P. Stevenson, kK. L. Shumaker, Clarence Kistler, kK. L. ve Kerr, J. Blake Gibson, R. F. West, J. F. Shinn, C. R. Kdwards, W. W. Archer, i J. E. Baxter, KE. O. Sigmon, J. L. Moore, W. RK. Edwerds, Konie Henderson, Millsaps. “. V. Privette was appointed and sworn as officer of the Grand Jury which was drawn at the August Term of Superior Court to serve for six months. P. S. Boyd and A. M. The follow E M Goodin and c Vs Flake Mayhew Paul Sprinkle Wilson Bridges No, 2 \ \ State vs Robert McBride No, 3 State vs Marvin Benfield B. L. Gentle Clyde Gentle No, 4 State vs Maggie Steele i 4 | | G. GC. Kimball, High Sheriff of Iredell County, is present and returned | | | 8S. V. Brown, H. C. Ellis, J. F. Johnston, Standford Brookshire and C. L. | | C. D. Sapp and L. W. Nicholson were excused by the court, , HT i ing were sworn as talesman jurors, E Jones, t j f } ) 4 f f f f : f j : : In the Shperior Court November Term, 1931 on the 9th Monday after the first Monday in iis present and presiding Turner were returned not served, Herman Hoover, Ed Welbo TO APPEAR ANDY Continued THAT COST HAS BEEN PAID, ir former order until January Term, 1932 TO APPEAR AND SHOW THAT COST HAS BEEN PAID, Continued under former order until January Term, 1932 TO APPEAR AND SHOW THAT COST HAS BEEN PAID Continued under former order until January, Term, 1932 TO APPEAR AND SHOW THAT COST HAS BEEN PAID. : Defendant appeared and paid cost. It is ordered by the Court that the defendant be discharged. State vs Clarence I . X No State Titi THE SUPERIOR COURT Monday November 9th NOVEMBER TERM, 1931 » 193} TO APPEAR AND SHOW THAT COST HAS BEEN PAID. 5 > Continued under former order. vs Banks Benfield No. State vs Vernon NO. State Herbert G. No. State TO APPEAR AND SHOW GOOD BEHAVIOR. Continued under former order until January Term, 1932 Defendant to give bond in the sum of $500.00 to appear at saia Term and whow that he has been of good behavior, 6 \ \ \ Rash NON SUPPORT Alias Capias 7; vs tO NON SUPPORT AND ABANDONMENT Alias Capias vs nenry No No. State Ali Herman Pierce NO. a+ > os State Continued vs Van Ben Brewer Wil Noe \ State Noe \ State NO. \ State Claude Patterson( Hines OW pa cost. discharged. sted TO APPEAR AND SH Defendant paix defendant be THAT COST HAS BEEN PAID. It is ordered by the court that the qNnear \ 2] \ Ky \ 1 13 & 14 FALSE PRETENSE Las Capias vs Lowthrop DISPOSING OF MOR Alias Capias TG.GED PROPER 1e Goodin STORE BREAKING AND LARCENY lias Capias 18 SUPPORT AND ABANDONMENT Nol Prosed with leave P she IN THE SUPERIOR COURT Monday, ‘November \ } j f No, 25 state i vs gwynncregory | No. 26 State \ 8 ~yanuel Shoemaker Manuel Shoemaker No 28 State vs El LyHendérson=s No. 29 tate vs G G Smith No. 30- State vs TD Stewart No. 31 State vs L F Nicholson No. 32 State vs J E Shuford No. 33 State vs Finnie Brown No, 35 State \\ vs 19 gee Ls MANUF ING LTov IG LIQT AC OR Shoemaker 1 MeLain 20 [VING CAR WHTIL? NTO | co) . 3 os bis alba IN TOXICA TED & sontinued by consent John Johnston 21 BURNING LUMBER s Nol Prosed with leave Felix Combs \ 2 ‘Sq m | f 2 ASSAULT WITH DEADLY WEAPON He Pr actrendant comes into open court and through nis souna@l 46:28 ordered contest te to assault with deadly weapOme ment be continued upon sees, by the court that pauayer for judg- the sum of $60.00 to the apap sy. ne eoete of Ge — ° 9, - B. Shoemaker. vs \ \ \ vs 0 M Moose No. 3€ State R L Bibee No, 37 State vs DR Earnhardt No, 38 State vs Jessie Howard No. 40 State vs Wm Branch No, 41 State vs Mrs W F Kirkman 1931 NOVEMBER TERM, 9,1931 TO APPEAR AND .SHOW GOOD BEHAVIOR Te defendant appeared and showed good behavior. Continued under former order. ( SEDUCTION Nol Prosed with leave LARCENY Prayer for judgment continued upon payment of the cost at this term of court and remaining one next term of court. one-half -half at TO APPEAR AND SHOW THAT COST HAS BEEN PAID Defendant called and failed, Judgment Nisi Séi Fa and Instanter Capias and Instanter Sci Fa GAMBLING Nol Prosed withlleave GAMBLING Nol Prosed with leave GAMBLING Nol Prosed with leave GAMBLING Nol Prosed with leave GAMBLING Nol Prosed with leave GIVING WORTHLESS CHECKS Nol Prosed with leave EMBEZZLEMENT Continued by consent ASSAULT WITH DEADLY WEAPON Continued by consent ASSAULT WITH DEADLY WEAPON Continued by consent FORGERY Continued by consent ASSAULT WITH DEADLY WEAPON E Nol Prosed withleave IN THE SUPERIOR COURT % — ¥ TwTHE SUPERIOR COURT NOVEMBER TERM 1931 ee NOVEMBER TERM 1951 Monday November 9, 19351. Monday November 9, 1951. FORGERY Defendant called and failed, Judgment N@S$i sci Fa g a The defendant comes into open Court and through nia. Capias and | he } counsel Burke & Burke pleads guilty to abandonment and “f Howard )} Non-Support and eharged in the Bill of Indic tment It is ordered by the Court that the defendant pay TRANSPORT AND POSSESS LIQUOR. ‘ ° into the office of the Clerk Superior Court the sum of Continued for State $2.50 per week for the use and benefit of his wife. , Prayer for judgment continued until May Term 1932 of this Court, defendant to appear at said term and show to the satisfaction of the Court that he has complied with the terms of this order., No. 42 State vs I L Poole { NON-SUPPORT AND ABANDONMENT j No. 45 State vs Garland Sigman MANUFACTURING LIQUOR Nol Prosed with leave No. 48 State vs Parks Cook STOREBREAKING AND LARCENY Tese cases all consolidated for trial. Te defendants Eli Campbell, Willis Phifer, Theo Johnson come into open Court and enter a plea of guilty Nos. 68,69,70,71 } of an attempt to commit a felony, to-wit, preaking and i ‘ } s ey na 73 DISPOSE OF MORTGAGE PROPERTY Sate Nol Prosed with leave No. 49 State vs J C Lowe vs Eli Campbell Morris Dorset Abb Burton entering which plea the Solicitor accepts. a Tre defendant Abb Burton comes into open Court and MANUFACTURING LIQUOR Willis Phifer enters a plea of guilty of an attempt to commit a felony ( Nol Prosed with leave Theo Johnson to-wit, breaking and entering which plea the Solicitor acceptSe It appearing to the Court that the defendant Morris aa _ Dorset at the time of the commission of the alleged WANUFAC TRUINE LIQUOR offence was under the age of 16 years. it is ordered by Nol Prosed with leave the Court that this case be remanded to the Judge of Juvenile Court, there to be dealt with according to law. It is ordered and adjudged by the Court that the de- oes fae d fendant Eli Campbéll be imprsioned in the common jail of WANUPACTURING LIQUOR Iredell County for a period of SIX MON'HS and assigned Nol Prosed with leave to work on public roads of the State under control of the State Highway Commission,apursuant to the provisions of chapéer 145 Public Laws 1931. Not to wear Stripes. MANUFCA TURING 1 It is ordered and adjudged by the Court that the de MANUPCA TURING LIQUOR fendant Abb Burton be imprisoned in the common jail of Nol Prosed with leave Iredell County for a period of SIX MONTHS and assigned to work on public roads of the State under control of the State Highway Commission, pursuant to the provisions MANUFCA TURIN eal of Chapter 145 Public Laws 1931, Not to wear stripes. ; Nol Seas 1G LIQUOR It is ordered and adjudged by the Court that the o1 Prosed with leave defendant Willis Phifer be imprisoned in the common fail of Iredell County for a period of SIX MONTHS, with leave to the Board of Commissioners to hire him out. Nos. 72 and 73 consolidated for judgment. It is The defendant ordered and adjudged by the Court that the defendant er. saa cotreet eae into open Court and pleads hot guil- Theo Johnson be imprisoned in the common jail of ire- : M Robbins, Glenn P busvencin te 2” eee a oaansas SAE of SLO eae cena ot Blak oc ies a r 9 umaker L Kerr W Tie Tk rt Stanford Brookshire, CR Hawards , the State Highway Commission, pursuant to the provisions a verdict of guilty. r, E O Sigman, & J L Moore, returned of chapter 145 Public Laws 1931, Not to wear stripes. rentant Ne correct La ulaa by. se Come ® shad. tae ty for a period of atk ihe common jail of Iredell Coun- fo. 82 ‘ = roads of the State aiev bocteay oF mee bedi tag: Res a \ State “i ice a name ee en Court and pleads guilty ommissi ° 6 e Wi e defendan s Subite int pursuant to the provisions of chapter ae F vs to the unlawfull possess and transpotation of Liquor. (a “awS, 1951. Not to wear stripes Craig Belk It is ordered and adjudged by the Court that ae Ge { ASSAULT WITH DR aes feridant be imprisoned in the common jail 68 Iredell Coun- ag oi oe ee ag | 8 MONTHS and assigned to work on : 4 : And 4 control of the State Mrs Bettie Kirkman} bond be cao by the Court that the Mortgage for Highway Commission pursuant to the prowisions of chapter e 145 Public Laws 1931. Not to wear stripes. No. 50 State vs Tom Hartness No. 51 State vs Alley Hartness <a a Nt et EE RS et EE RE 2 Ne ME oe ee ee ee No. 52- State “N VS Charley Jolly ~ NE a ee No. 53- State vs Bob Hartness No, 54 State _ vs Arley Goodin State vs { } ) 4 No. 56 { LARCENY 4 Will Gray aoe 59 1} LARCED NY State =>: ee 7 LO Ag POSSESSING LIQUOR te The defendant comes into open Court and pleads guilty vs i ; EC Sharpe } vs to the unlawful possession of liquor. ; Grace Hair amixuijuigedxkytine Ket tink the se- Exewntkh , Bo. 86 \ State Roy Mc“elland No 46 IN THE SUPERIBR COURT NOVEMBER TERM. 1931, Monday November 9, 1931} LARCENY The defendant comes into open Court and plea of guilty to the larceny of property lose tae the value of $20, which plea the Solicitor accept It is ordered and adjudged by the Court that the defendant be imprisoned in the Common jail of Ireg County for a period of KIGHT MONTHS, and assigned oo work on public roads of the State under control of the State Highway Commission pursuant to the provi- { { vs q { Noe 8 State \ vs Will Hartness Sions of chapter 145 Public Laws 1931 stripes. + Ret to a de | | vs - A True Bill Rufus Suther 47- A True Bill \ 56- A True Bill No.44 A True Bill _ 87- A True Bill v 87-A & B= A “rue Bill Buford Rimmer 71-73-74 A True Bill, 68-69-70=-72=- Atrue Bill \ <a ate vs Grace Hair No, 74 \ state vs Robert Lee Ph \ \ \ Noe 67 & 67A State vs No, 92 State vs Bud Carpenter This Honorable Court takes a recess until Tuesday Morning November loth, 1931, at 9%30 O'clock, ifer IN THE SUPERIOR VOURT NOVEMBER TERM 1931 Tuesday November 10, 1931, 75 This Honorable Court convenes according to adjournment Tuesday Morn- ing November 10, 1951 at 9:50 O&%clock for the dispatéh of business. ASSAULT WITH DEADLY WEAPON Prayer for judgment continued until next term of Court. ASSAULT WITH DEADLY WEAPON Continued by consent ASSAULT WITH DEADLY WEAPON Nol Prosed POSSESSING LIQUOR. It is ordered and adjudged by the Court that prayer for judgment be continued for two years upon good behavior and payment of court cost this action, STOREBREAKING AND LARCENY The defendant comes into open Court and pleads guilty to storebreakkfing and larceny as cherged. It is ordered and adjusiged by the Court that the de- fendant be imprisoned in the common jail of Iredell County for a period of SIX MONTHS, and assigned to work on public roads of State under control of the State Highway Cormiss- ion, pursuant to the provisions of chapter 145 public Laws 19351; to wear stripes. This sentence to run concurrently with sentence the defendant is now serving. GIVING WORTHLESS CHECK Continued for bill, ) CARBREAKING AND LARCENY The defendant comes into open Court and throggh his counsel Lewis & Lewis pleads hot guilty. The following eo ‘ae RE Lawrence McLain jury was sworn and empannelled, as follows: Clarence CL fe ‘£5 _< Kistler, J F Shinn, WR Edwards, Ronnie Henderson, S V faiee Presi Ky 1) Brown, H C Ellis, J F Johnson, R L Shoemaker, Herman fon t oe ng and Holding Couy#s Hoover, Ed Welborne, E M Goodin and Glenn P Stevenson, vr theISth Judicial Distrte and returned a verdict of guilty. fr Nos. 67 and 67A consolidated for judgment. It is ordered and adjudged by the Court that the defendant be imprisoned in the common jail of Iredell County for a period of TWELVE MONTHS, and assigne d@ to work on public roads of the State under control of the State Highway Commission pursuant to the provisions of chapter 145 Public Laws 1931. To wear stripes. fm motion of Solicitor Zeb V Long, seconded by D L Raymer member of the Statesville Bar, the Court adjourned until 2 O'clock P M in Honor of >” 3 Mr a E Boyds aM & 67A- A True Bill ~> tatiana A True Bill, consolidased 80. A True Bill 57 A Trye Bill 63- 64 A True Bill 65. 68. A True Bill, consolidated 62. A True Bill, consolidated 89. A True Bill 90. A True Bill 91. A True Bill r A Trye Bill & vs Will Holland Tsidore Allison DO NO et wet at IN THE SUPERIOR COURT NOVEMVER TERM 1951 Tuesday November 10, }951. MANSLAUGHTER Te defendants:come into open Court and thro their respective counsel D'B Raymer and E M Land pleada not guilty. The following jury was sworn ann empannelled, as follows: Clarence Kistler, J F Shim WR Edwrads, Ronnie Henderson, S V Brown, H C Ellis; J F Johnson, R L Shoemaker, Herman Hoover, Ed Welle porne, E M Goodin and Glenn P Stevenson. At close of State's evidence the defendant Will Holland enters a plea of guilty of Manslaughter At close of all the evidence the Court directed. a verdict of not guilty as to Isidore Allison, not being sufficient evidence to go to the jury. : As to all other counts against the Solicitor takes a Nol ae eee Judgment of the Court is that the defendant Will = be tonfined=4 in the State's Prison for a period of not less than THREE NOR MORE THA E YEARS, at hard labore co THANSPORT AND POSSESS LIQUOR The defendant comes into open Court ragh ; C and thro her counsel Lews & Lewis pleads not guilty. _ The following jury sworn and empannelied as fol- meirt, C M Robbins, R L Kerr, J Blake Gitson, RF ied Harvey Dingler, C R Edwards, W W Archer, J E casey E O Sigman, Charlie Deal, W W Kerr, Chas & Pending trial this case the Court until Wednesday Morning. rs This t re sour t ionorable Court takes a recess until Wednesday Morning November llth, 1931 at 9:30 O'clock __ ig Date: Judge Presiding and Holding Court for 15th Judicial District ing November 11, vs Mrs John Harkey No, 80 & 79 vs HC Williems ,Alias H L Hasty 75,76,77 & 78 vs Sanford Hall s Kenneth Baity Howard Jackson ~~ Se vat ee oe ee RE weet SE TK pee REN PE ee 8 Odell Norris Robert Brown Virgel Williams Spencer Anderson Boyce Goforth IN THE SUPERIOR COURT TT NOVEMBER TERM 1931 Wednesday November 11, 1931. This Hohorable Court convenes according to adjournment Wednesday Morn- 1931 at 9350 O&clock for the dispatéh of business. VIOLATION OF PROHIBITION LAW. The case resumed and after hearing the evidence the jury returned a verdict of Not Guilty. OPERATE CAR WITH SMOKE SCREEN AND TRANSPORT LIQUOR. Defendant called and failed. Judgment Nisi Sci Fa and Capiase OPERATE CAR WITH SMOKE SCREEN, WRANSPORT LIQUOR ;,ETC# The defendant called and failed,. Judgment Nisi Sci Fa and Capias. TRANSPORT AND POSSESS LIQUOR. Defendant called and failed. Judgment Nisi Sei Fa and Capias. TRANSPORT AND POSSESS LIQUOR. Defendant called and failed. Judgment Nisi Sci “a and “apiase TRANSPORT AND POSSESS LIQUOR. lefendant called and failed. Judgment Wisi Sci “a and Capias. STOREBREAKING AND LARCENY Te defendant comes into open Court and through his counsé® Lewis & lweis Pleads guilty to the larceny of property for less than the value of $20 which plea the Solicitor acceptse It is ordered and adjudged by the Court that the de- fendant be imprisoned 4n the common jail of Iredell - County for a period of FOUR MONTHS, and assigned to work on public roads of State under control of the State Highway Commission pursuant to the provisions of Chapter 145 Public Laws 1931; Not to wear stripese STOREBREAKING AND LARCENY Bill sent in No 85. The defendant comes 4nto open Court and enters & plea of guil to the larceny of property for less than the value of $20 which plea the Solicitor acceptSe - Dt is ordered and adjudged ty the Court that the defendant be imprisoned in the common jail fo Iredell County for a period of FOUR MONTHS , and assigned to work on public roads of State ugder control of the State High way Gommission, pursuant to the provisions of chapter 145 Ppblic Laws 1931. Not to wear stripese STOREBREAKING AND LARCENY Bill sent in No 85. j ‘ ' The defendant comes into open Court and enters @ plea of guil to the larceny of property for less than the value of $20 which plea the Solicitor accepts. It is ordered and adjudged by the Court that the de- fendant be imprisoned in the common jail of Iredell County for a period of FOUR MONTHS, and assigned to work on public roads of State under control of the State High way Commission, pursuant to the provisions of chapter 145 Pubjic Laws 1951. Not to wear stripes. 4 LARCENY 4Q Nol Prosed with leave ee \ IN THE SUPERIOR COURT NOVEMBER TERM 1931 Wednesday November Ado 1AGhle No, 65 { STOREBREAKING AND LARCENY State 4 The defendant comes into open Court and through hig vs { counsel Buren Jurney enters a plea of guilty to the § Leonard Mayhew larceny of property for less than the value of $20 which pleathe Solicitor accepts, It is ordered and adjudged by the Court that defendant beimprisoned in the common jail of Iredeli County for a period of TWELVE MONTHS, and assigned to work on public roads of the State under control of the State Highway Commission, pursuant to the pro- visions of chapter 145 Public Laws 1931. Mot to wear stripes, No. 66 } STOREBREAKING AND LARCENY State Bill sent in No 65 vs } j The defendant comes into open Court and through hig counsel Hugh G Mitchell pleads not guilty. The follow. ing jury sworn and empannelled, as follows; Clarence Kistler, J F Shinn, WR Edwards, Ronnie Henderson, HC Ellis, J FP Johnston, R L Shoemaker, Herman Hoover, Ed Wellborne, E M Goodin, Glenn P Stevenson, and Stanford Brookshire, After hearing the evidence the Court directed a verdict of not guilty. Boyce Goforth No. 63 State vs Robert Steele James Nichols ROBERY The defendants come into open Court and enter a plea of not guilty. The following Jury sworn and empannell- ed, as follows; Clarence Kistler, J F Shinn, W R Edwards Ronnie Henderson, H C Ellis, J F Johnston, K L Shoemaker nérman Hoover, kd Wellborne, E M Goodin, Glenn P Steven- son and Stanford Brookshire, and returned a verdict of gublty as charged in the Bill of Indictment, Judgment of the Court is that the defendant Robert Steele be confined in State’ Brison for a term of not less than THREE NOR MORE THAN FIVE YEARS, at hard labor, : Judgment of the Court is that the defendant James Nichols be confined in State's Prison for a term of not less than THREE NOR MORE THAN FIVE YEARS, at hard labor, No. 64 State vs James Nichols Robert Steele HOUSEBREAKING AND LARCENY Nol Prosed with leave, \ No. 27 LARCENY — Nol Prosed With leave No. 55 MANUFAC TURING HOMEBREW . State Continued for defendant \ vs F Maggie Lynch No. 93 SECRE SS T Sta ee < Tr ASSAULT mi \ vs “John Blackburn, Alias Jack of Diamons, 7 defendant comes into open Court and pleads not siti ty. The following jury sworn and empannelled as : , CM Robbins, C L Milspas, J Blake Gibson, ee > J L Moore, c R Edwards, WW Archer, JE . and or? = 0 Sigmon, ‘Chariie Deal, WW Kerr, C E Jones, eturned a verdict of e Bill of Indictment, guilty as charged in th JUDGMENT of the Court ig that pos the defendant be prisoned in the State's Prison for a term of notless @n THREE NOR MORE THAN FIVE YEARS, at hard labObe j ' { ’ } 4 Floyd Holbrooks § j t : j { 4 } { No 61 itn | TRANSPORT AND POSSESS LIQuorR, vs i couse) renee comes into open Court and through his Blair Moose j ewls and Lewis Pleads guilty as charged. I defendant orered, and eigudged by the Court that the 25.00 and all costs this ac- axed by the Clerk this Court. Son) IN THE SUPERIOR COURT 7 NOVEMBER TERM 1931 Wednesday November 11, 1931. North Carolina, i In the Superior Court or dell County. 0 November Term 1931, Trede T Honorable P A McElroy, Judge Presiding: We, the Grand Jury at the November Term of Court, 1931, beg to make the 3 following report: We exmained and passed on all bills reierred to us. We visited by com- mittee the offices in the Court House, the County Home, Jail, and the camp where prisoners are kept in the County. At the County Home the committee, accompanied by the superintendent of the County Home, looked through the Home and other buildings including -barmes, and lomwked over part of the farm. We found everything well kept and in good condition. The farm showed evidence of being well managed. Twenty-two acres of well prepared ground had just been sown in wheat. The supprintendent reported that he gathered from the farm 1050 bushels of corn, 100 bu. irish potatoes, 8O0nbu. sweet potatoes, 47 tons of hay, and all barns were well filled with stover. There were 700 half gallons of fruit canned. There is also the following livestock on the farm; 18 lich cows, 1 male cow, 19 hogs, 1 male hog, 8 shoats, 4 mules, and 200 chickens, The Home has 13 white men, 20 white. women, 8 colored women, and 8 colored men, Six inmates are wnder the care of a physician. The Home is gravely in need of better laundry facilities. The shack in which the present improvied equipment is now housed is a detriment to the home and farm. The present equipment is quite inadequate for the amount of laundry work to be done, Since the state has taken over the prison camp, and the Home has on- lg a limited number off short time prisoners, the superintendent is in need of additional Help, and insiste that this be attended to as early as possible as the need is urgent, Your committee foumd the prison camp in a clean and sanitary conditin Ever$¥thing was in order and the grounds well kept. In the Court House we found all offices in good condition, In the County jail we find 7 white men, # white women, 19 colored men and boys, and 2 colored women, Of this number there is 1 white man and one white woman that are insane and we especially recommend that better accomoda- tions be provided for the care of the insane until they can be placed in an asylum for better care elsewhere, We: also recommend the interior of the pri- S0n rooms on the first and second floors be calcimined or painted; otherwise we find the jail in as good conditien as could be expected as a prison. The respectfully suimitted, ta einen 11 1931, L N Brown Foreman of Grand Jw State vs Duke Templeton- S ta te 75- A 80- A 89- A 290- A 91l- A No 9 State vs No 88-~ A True Bill vs Amiel Rickert- True True True True True Bill Bia. Bill B14. Bits Raymond Reavis ber 12th, 1931 This Honorable Court takes @ recess until IN THE SUPERIOR COURT NOVEMBER TERM 1931 Wednesday November 11, 1931, A True Bill A True Bill ASSAULT WITH DEADLY WEAPON The defendant comes into open Court and t i counsel Raymer & Raymer pleads not guilty. a a The following jury sworn and empannelled as follows Oscar Deal, T § Lazenby, Clarence Kistler, J F Shinn : WR Edwards, Ronnie Henderson, HC Ellis,’3 F Johnston Herman Hoover, Ed Welborne, E M Goodin & Harvey Dingler, Pending trial of this case the Court t until Thursday Morning u akes a recess Thursday. Morning Noven- » &t 9:50 O'clock, Judge Presiding and Holding Court IN THE SUPERIOR COURT NOVEMBER TERM 1931 Thursday November 12, 1931, ‘his Honorable Court convenes according to adjournment Thursday Morning November 12th, 1931 at 930 O'clock for the dispatch of btsiness, No 9 | State \ J vs Raymond Reavis No. 28 \ State vs EK L Henderson | No. 16- \ State vs Roger Bennett : No. 43 \ State vs Charley Hartsell \ \ Noe 46 & 47 State vs Hugh Carson No. 39 State vs Walter Owens , No. 88 \ State vs Walter Barnharidt ~@ SCT FA DOCKET \ No, 1 State vs BC Higgins NO 2 \ State vs R L Bibee _ No. 3 \ State \ vs Charley Hartsell No, 4 \ State vs Blain Goodin No 5 \ State vs Duke Templeton No. 6 \State vs E L Gendérson ~— SL ee once et ST EL ee EDN we be ee ie pa St eS > eee ee ee aN Ee pat res SC A aie La St ee Oe pe a Be EA ae ASSAULT WITH DEADLY WEAPON, The jury returned a verdict of Not Guilty as charged in the Bill of Indictment. No. 9A Nol Prosed, ASSAULT WITH DEADLY WEAPON, Continued until next term of Court, TO APPEAR AND SHOW GOOD BEHVAIOR. Continued under former order, TRANSPORT AND POSSESS LIQUOR. Defendant called and failed. Judgment Nisi Sci Fa and Capias. VIOLATION OF PROHIBITION LAW, Continued by consent. TRANSPORT AND POSSESS LIQUOR, Continued SEDUCTION Continued, ON BOND. Alias Sci Fa ON BOND Gontinued, ON BOND Alias Sci Fa FORFEITURE OF BOND. It is ordered and adjudged by the Court that the judg- ment on bond in this case in sum of $500.00 be made absolute and execution be issued against said bondsman, Lee Goodin. ON BOND. It is ordered by the Court that the Sci Fa in m this case be discharged, ON BOND Continued Sci Fa No. 7 State ~- vs Howard Kyles IN THE SUPERIOR COURT NOVEMBER TERM 1931 Thursday November 12, 1931, } VIOLATION PROHIBITION LAW, | Defendant called and failed, Judgment Nisi Sei Fa § and Capias,. ' This Honorable Court takes a recess until Monday Morning November 16th, 1931 at 10:00 O'clock _—_——_ ne Judge Presiding and Holding Coyts 15th Judicial District OG. Ebay IN THE SUPERIOR COURT g: NOVEMBER TERM 1931, SECOND WxRK 3 ‘Monday November 16, 1931, North Carolina, } In the Superior Court or Iredell County. } November Term 1931 re This Honorable Court meets according to adjournment to 10:00 O'clock A. M. Monday Morning November 16th, 19351, when and where His Honor, P A McElroy, Judge Presiding and Holding Courts of the 15th Judicial District of North Caro- lina, is present and presiding, this the Second Week at November Term 1931. G C Kimball, High Sheriff of Iredell County, North Caroilna returned into open Court the names of the following good and lawful men to serve as jurors of this Court for the second week for civil cases, to-wit: E T Lacenby, WH Beard, H N Coljins, D W Speaks, A L Feimster, L L Alexander, Robt A Brawley RC Carter, WH Reid, R C Bell, R L Guffy, J U McNeely, TD Moore, W.T Cornelius C E Hobbs,‘R H Weaver, Jas A Stewart, C N Blackwelder, J A Lowrance, W P Sharpe WH Brown, C H Leaber and R W Dobson. The following was sworn am tahesman juror for term, N G Crater North Carolina, } In the Superior Court Iredell County. November Term 1931 G L Moome j Plaintiff Q vs } IssveEzs ] M A Moose . Defendant Jury sworn and empannelled and answered the issues as follows: 1. Did the plaintiff and defendant intermarry as alleged in the comp- laint? Answer: Wes. 2. Has the plaintiff been a resident and citizen of North Carolina for five gears as alleged in the complaint? Answer: Yes. 5. Has the plaintiff and defendant lived separate and apart for more than five years immediately preceding the institution of this action? Answer: Yes IN -THE SUPERIOR COURT SECOND WEEK, NOVEMBER TERM 1931, North Carolina, } In the Superior Court Iredell Cowmty. } November Term 1931 G L Moose, Plaintiff d vs ) JUDGMENT? } M A Moose, Defendant Thés cause coming on to be heard before His Honor, PA McElroy and a Jury and the Jury having answered the issues submitted to them as follows; "1, Did the plaintiff and defendant intermarry as alleged in the Compe. laint? Answer: Yes 2. as the plaintiff been a resident and citizen of North Carolina for five years as alleged in the complaint? Answer: Yes 5. Has tho plaintiff and defendant lived separate and apart for more than five years immediately preceding the institution of this action? Answer: Yes, " zt is, therefore, considered, ordered and adjudged that the bonds of matrimony heretofore existing between the plaintiff and defendant be dissolved and that the plaintirr is hereby granted and absolute divorce from the defend- ants, P A McElroy Judge Presiding North Carolina, ) In the Superior Court Iredeli County, November Term 1931, J P Mayhew vs ) ISsveEs Fayd Mayhew j Jury sworn and empannelle b. dad answered the issues as follbws: Did the plaintirr and defendant intermarry, as alleged in the complaint? Answer: Yes 2e Did the defendant conmit adultry, as alleged in the complaint? Answer: Yes %. Has the plaintirr been a bona fide resident of the State of North Carolina for more than two years prior to the Commencement ofnthis action, a8 alleged in the complaint? Answer: Yes, \428- a. Tampa Drug Co vs G E French -- Continued \ 545- THE SUPERIOR COURT suoouD WEEK, NOVEMBER TERM 1931, teal Clarence Carson vs Lizzie Carson- Continued, A738 Thelma Bostian vs C B Bostian -- Continued x e7- John M Privette vs Fielden M Privette -- Continued by consent 427= John M Privette vs S G Sloan al -- Continued by consent \602- J S Stearns vs Gus Guerukos -- Continued \ 629=- Merrimon Insurance Co vs J W Watson -- Continued No 603 Bankers Trust Co } ( vs ht City of Statesville. j} The following jury was sworn and empannelled as follows, to-wit; E T Lazenby, H N Collins, A i. Feimster, L L Alexander, Kobt A 8 : = Brawley, WH Reid, RK L Guffey, R C Bell, T D Moore, WT Cornelius, C N 2 ’ ‘ Blackwelder and J A Lowrance, Pending trial of this cause the Court takes a recess until Tuesday Morning. This Honorable Court takes a recess until Tuesday Morning November 17th, 1951, atb9:30 O'clock, cnn JUDGE-PRES IDING IN THE SUPERIOR COURT SECOND WEEK NOVEMBER TERM 1931 8 Wednesday November 18, 1931, 7 IN THE SUPERIOR'COURT SECOND WEEK, NOVEMBER TERM 1931 Thasday November 17, 1931 This Honorable Court convenes according to adjournment Wednesday This Honorable Court convenes according to adjournment Tuesday Morning November 17th, 1931 at 9:30 O'clock for the dispatch of business, Morning November 18th, 1931 at 9:30 O'clock for the dispatch of business, *651- J R Maynard trading as Maynard Bros vs Stearns Bros Inc al « Continued 7 pankers Trust Company i . . tiff 680- Ethel B Cooper vs WL Alexander et al -- Continued by consent ] | & Corporation, Plaintif i \ ISSUES 708- Standard 011 Co y, antic Paving Co et al -- Continued by oduaual ‘ oy vs ' | | | City of Statesville, a ) Munigipal Corporation, ) No. 603 Defendant. 0 Bankers Trust Co vs " 1. Did the City of Statesville have authority, in 1914, to issue Funding Bonds to fund an indebtedness created for street improvement pur- City of Statesville } poses? Answer: Yes 2. Did the Board of Aldermen of the City of Statesville, at a meeting duly called and convened on or about July 13, 1914, and in the exercise of its Morning lawful authority, adopt ancdordnance authorizing the execution, issuance and Pe sale of $50,000.00 of Funding Bonds by said City of Statesville, as alleged in the complaint? This ease resumed for hearing and continued through the entire day. Pending trial this cause the Court takes a recess until Wednesday on a a . e 691- Federal Home Investing Co vs DB Stearns et al-- Continued Answer: Yes 5. Were the bonds sued on in this action signed by L C Caldwell, 704= Greever-Potspeich } C 1 3 peich Mfg Co vs Mooresville Ice Cream Co -- @ontinued Mayor, and by C D Moore, City Clerk, as alleged in the complaint? Answer: Yes 4. Do said bonds bear the seal of the City of Statesville, as alleged inithe complaint? Answer: Yes 5e Did the Independence Trust Company acquire said bonds as collateral security and become the holder thereof in due course, as alleged in the comp- laint? Answer: Yes 6, Is the plaintiff the owner and holder of said bonds in due course, as alleged in the complaint? RZ.Answer: Yes This Honorabie . i et Court takes a recess until Wednesday Morning ==— 7. Is the defendant indebted to the plaintiff in the amount of said November 18, 1931 at 9:30 Otclock es: interest coupons, with interest thereon, from their respective maturities? et Answer: Yes North Carolina, } In the Superior Court Tredell County, } November Term 1931. \ Bankers Trust Com | pany ‘8 Corpors tion, Plaintiff vs i JUDGMENT City of Statesville a Municipal Corporation, Defendant This cause coming on to be heard at this November Term (1931) of the Superior Court of Iredell County, before P A McElroy, Judge Presiding, and a gm isthe plaintirr being represented by Grier, Grier & Joyner, and Stewart and Bobbitt, its attorneys, and the defendant being represented by Long & Glove ay 4nd Moreheard and Murdock, its attorneys, and being heard: 88 And all the issues having been answered in favor of the Plaintire as follows: l. Le Se 6. 7. IN THE SUPERIOR COURT SECOND WEEK, NOVEMBER TERM 1931 Did the City of Statesville Have authority, in 1914, to issue ing Bonds to fund an indebtedness created for street improvement purposes? Answer; Yes Did the Board of Aldermen of the City of Statesville, at a meeting duly called and convened on or about July 15, 1914, and in the ex. ercise of its lawful authority, adopt an ordinance authorizing the execution, issuance and sale of $350,000.00 of Funding Bonds by said City of Statesville, as alleged in the complaint? Answer: Yes Were the bonds sued on in this action signed by L Cc Caldwell, Mayor and by C D Moore, City Clerk, as alleged in the complaint? ‘ Answer: Yes Do said honds bear the seal of the City of Statesville, as alleged in the complaint? Answer: Yes Did the Independence Trust Company acquire bonds as collateral secur- ity and become the holder thereof in due course, as alleged in the complaint? Answer: Yes Is the plaintiff the owner and hotder of said bonds in due course, as alleged in the complaint? Answer: Yes Is the defendant indebted to the plaintiff in the amount of said in- terest coupons, with interest thereon, from their respective maturities? Answer: Yes NOW, THEREFORE, upon motion of attornevs for plaintiff, it is ordered, adjudged and decreed: (1) est coupons due April 1, 1929, April 1, 1931 ana October 1, 1931, respectively, $2,250.00, That the plaintiff, have anda recover of the defendant on the inter- October 1, 1929, April 1, 1930, October 1, 1930, the total principal sum of with interest on the principal amount of each set of said interest Cc An i “WwW . L coupons, to-wit: on the principal sum of $575.00, from the respective maturi- ties there of, at the rate of six per centum per annum, (2) That the plaintire is the owner and holder in due course of bonds numbers one to fifteen, both inclusive, each for $1,000.00, dated April 1, 1944, + maturing April 1, 1944, bearing 5% interest from date, paykble semi-anntally on the first days of October and April of each year, evidenced by attached ine terest coupons, al Bank of New York City, ville, by Lc Caldwell, Mayor, ficial seal of the City of Stat Poth principal and interest being payable at fhe Hanover Nation ®xecuted in the name and behalf of the City of States: and C D Moore, City Clerk, and bearing the Of esville, payable to bearer, each of said f IN THE SUPERIOR COURT SECOND WEEK, NOVEMBER TERM,1981 Wednesday November 18, 19351 89 ponds being in the form of bond No. 1, an exact copy of which, marked "Exhibit B" is attached to, and by reference made a part of, the complaint in this ac- gion, the aforesaid fifteen bonds being printed oh green paper, and bearing the notation "Security Bank Note Company, Phila." (3) That the phaintiff is the owner and holder in due course of the sémi-annual interest coupons attached to said fifteen bonds, the same to mature on the first days of April and October of each year hereafter, commencing April 1, 1932, and ending April 1, 1944, each semi-annual interest coupon attached to each of said fifteen bonds being for the principal sum of $25.00. (4) That said fifteen bonds, and aforesaid coupons thereto attached, be and are adjudged the absolute, valid and binding obligations of the City of Statesville, (5) That the defendant be, and is hereby taxed with the costs of this action, P A McElroy Judge Presiding Defendant moves that the judgment carry with it an order subrogating the City of Statesville to the right of the Independence Trust Company of Charlotte against the Receiver of the Commercial National Bank of Statesville, and direct- ing that such Receiver pay to the City of Statesville all dividends at the same rate as that heretofore paid and all future dividends paid to the creditors of the Commercial National Bank on the basis of the note held by the Independ- ence Trust Company against the Commercial National Bank. Motion Overruled. Defendant excepts. Upon the coming fn of the verdict the defendant moves to set the same aside and for a new trial. Overruled, Exception. Judgment signed as appears in the record and the defendant again excepts and appeals to the Supreme Court, Notice of appeal given and waived in open Court. Apeal bond fixed at $100.00. By consent, defendant is allowed 60 days to make up and serve case on appeal, and the plaintiff given 46idays thereafter in which to file execptions or serve countercase, oe ee ee ee oe oe me \ stone ) VIOLATION OF PROHIBITION LAW \ ¥v { Upon recommendation of the Solicitor, judgment of the Cr : ) Court heretofore ordered is stricken out, and judgment of tg Belk } the Court is that the defendant pay a fine of $25.00 and the cost of this action, IN THE SUPERIOR COURT 90 SECOND WEEK, NOVEMBER TERM 1931 Wednesday November 18, 1931, North Carolina, $ In the Superior Court Iredell County, } November Term 1931 P M Barger Lumber Co, j vs ( ORDER REFERENCE J C Kirkman and D D F Ray, $ trading as Bonlee Lumber Co, ' On motion of defendants it is, the Court finding the case involves @ long and intricate account; Ordédred, That this case, be referred to L 0 Gre. gory, Esq. as referee, to hear the matters involved both as to law and fact, and to file his report as to his findings of fact and conclusions of law there. on under the Statute to the ext Civil Term of Court, P A McElroy Judge Presiding Plaintiff execpts to the foregoing order and demands a jury trial. — In the Superior Court P A McElroy Judge Presiding North Carolina, } Iredell County. } Stan Az dent Insurance C ry rporation, ee Plaintiff } { baie f JUDGMENT? } " Grier-Lowrance Construction Company, a corporation, defendant This cause coming on to be heard before the undersigned, Judge of the Superior Court, at aterm being held on the d&te set forth below, and the Court being ef the opinion that the further answer and counter claim of the defend- ant does not state facts sufficient to constitute a cause of action: It is, therefore, considered and adjudged that the plaintiff's © demur rer to the further answer and counter-glaim be, and it is hereby, sus- tained, This 18th day of November, 1931, P A McElroy Judge Presiding IN THE SUPERIOR COURT SECOND WEEK, NOVEMBER TERM 1931 Wednesday November 18, 1931 North Carolina, In the Superior Court Iredell County. Standard Accident Insurance ompanyy @ corporation ¢ . Plaintiff f i i \ vs j APPEAL ENTRIES ! d f Grier-Lowrance Construction mony, a corporation, co > Defendant * To the judgment sustaining the plaintiff's demurrer to the defend- ant's further answer and comnter-claim, the plaintiff excepts and appeals to the Supreme Court. Notice of appeal given in open Court. It is agreed that the complaint, answer, demurrer and judgment sustaining the demurrer and the exception and appeal entries shall constitute the case on appeal, Appeal bond fixed in the sum of $50.00. This 18th day of November, 1931, P A McElroy Judge Presiding Defendant allowed 30 days after adjournment in which to make up and serve case on appeal, plaintiff allowed 30 days to make out counter- case or file exceptions, P A McElroy Judge Presiding \573- Mrs Daisy Redman vs Oscar R Mills-- Continued by consent ‘\ 657- Jake Meroney vs Isidore Wallace at al-- Continued by consent +704- Greever-Lotspeich Mfg Co vs Mooresville Ice Cream Co- Continued Ye. JM Carlisle vs A J Beaver al- Continued by consent \ \716- Mrs Dewey Herman vs Mildred Cowam ontinued by consent \722- HB Stewart vs Carl Morrison a tinued by consent, \725- J R Billings vs The D Penders Gro Co. et al- Continued by consent No 715 \ & RE: Caveat to will of Mrs Mary Atwell, The following jury was sworn and empnalled as follows: W H Beard, W D Speaks, RC Cartner, J C McNeely, C E Hobbs, R H Weaver, Jas A Stewart, W P Sharpe ,W H Brown, CH Leaber, K W Dobson & N G Crater. Pending trial this case the Court takes a recess until Thursday Morning This Honorable Court takes a recess until Thursday Morning PLBPECL ng Bem. JUDGE PRESIDING J November 19, 1931 at 9:30 O'clock, be set for Thursda lst it is ordereg by the Court that this case 1952, and not to inertere ee, or, Jamu 1932, IN THE SUPERIOR CoURT SECOND WEEK, NOVEMBER TERM 1931 Thursday November 19, 1931 n This Honorable Court convenes accordingto adjournment Thursday Morning November 19, 1931 at 9:30 O8clock for the dispatch of business, North Carolina, | In the Superior Court Iredell County. | Simeox soe x br eestor ) ( mi tieextiery dotrteentsts xbox IN RE: Caveat to Will ) November Term 1931 of Mes Mary Atwell ISSUE 1. Is the paper writing propounded for probate, and every part thereof, the last Will ana Testament of Mary Atwell? Answer: Yes, North Carolina, | In the Superior Court Iredell County, | November Term 1931, Newton G Crater ( vs ) ISSUES Alice B Crater Jury sowrn and empannled answered the issues as follows: 1. Were the plaintiff ana de fendant 1898, as alleged in the complaint? married in August, 1898, Answer: Yes Crater ner tear ego Ba B Crater, abandon plaintiff, Newton G 5 us on or about Jul 7 ' i ss leged ink the complaint? y 17, 1927, without just cause, as al Answer: Yes 5. Has the plaintirr been a res ars causer “WSuat 24, 1931, the date of maetcent Of the State for two ye cause? the filing of the complaint in this Answer: Yes, No 728 IN RE: Caveat, Will of WD Mc+elland, onday February 8, 1932, No 720 \ John Cc Sharpe Admr of Luther ¥e Dalton Mart Carson, Wm Carson et al, Upon agreement of Attorneys, ary Term 1932, same bei February 4th rfere with the case set pre-emptorally a Monday Feb \ Ne 742 i i » Effie Brookshirs et a).- ruary 8, 1930 of January Tore iesoe”® be set as the oe IN THE SUPERIOR COURT Thursday November 19, 1931. North Carolina, | In the Superior Court or Iredell County. | November Term 1931 e J P Mayhew { vs { JUDGMENT Fay Mayhew j This cause coming on to be heard and being heard at this Term of the Superior Court of Iredell County before His Honor, P A McElroy, Judge Presiding and a jury, and the jury having answered the issues submitted to them as set out in the record in favor of the plaintiff and against the defendant: It is therefore, ordered and adjudged by the Court that the bonds of matrimony heretofore existing between the plaintiff, J P Mayhew, and the defend ant, Fay Mayhew, be and the same are hereby dosolved, and the plaintiff is granted an absolute divorce, It is further adjudged that the plaintiff pay the costs of this action, P A McElroy Judge Presiding North Carolina, {| In the Superior Court Iredell County. 4 November Tern S J Holland, Individually, } and as a Stockholder, on be- } half of himself and all other { Stockholders and creditors § who may make themselves par- } ties plaintirr, 5 0 j i vs JUDGMENT Statesville Buick Company, a Corporation, This cause coming on to be heard before His Honor, P A McElroy, Judge Presiding, and it appearing to the Court that the Receiver having re- Ported that he has complied with all of the orders of the Court heretofore made, and that he has disbursed all of the funds coming into his hands as Such Receiver under the direction of the Court and that there are no further funds or assets for the Receiver to handle, and that there are no further duties for him to perform, It is, therefore, considered and adjudged that the corporation be dissolved, and that a certified copy of this judgment be sent to the Secretary Of State's office at Raleigh, North Carolina, It 1s further ordered that the Receiver be and he is hereby discharged. P A McElroy Judge Presiding SECOND WEEK, NOBEMBER TERM 1931 93 IN THE SUPERIOR GOURT NOVEMBER TERM 1931 Thursday November 19, 1931, \721- Wm H Jones vs Western Union Tel. Co, -- Continued, 734- J Eli Privette vs WL Smith etval -- Continued by consent ° \735=- H O Steele vs H R Cowles et al -- Continued by consent} 741- Clyde White vs Carl Dunklee et al-- Continued \744- Carolina Motor Co. vs W 8S Alexander et al-- Continued \745- J H Swaim vs Atlantic Coast Line Railroad Co -- Continued 746- Roy Payne vs Atlantic Coast Line Railroad Co -. Continued 730= St Chas Rutledge et al vs Arthur Nesbit -- Continued \743- C H Gant et al vs MW McCombs -- Continued This Honorable Court takes a recess ugtil Friday Morning November 20th, 1931 at 9:30 O'clock, Jupek PRESIDING LU Th Lo tasty , \ IN THE SUPERIOR COURT NOVEMBER TERM 1931 95 Friday November 20, 1931, This Honorable Court convenes agcording to adjournment Friday Morning November 20th, 19351, at 9:50 O'clock for the dispatch of business, North Carolina, )} In the Supsrior Court Iredell County. } November Term 1931 : Will of Mrs j IN RE JUDGMENT Mary Atwell. } This cause coming on to be heard at this term of the Court, before His Honor, P A McElroy, Judge Presiding, and a jury, the Court having submit- ted to the jury the following issue: "Is the paper writing propounded for probate, and every part thereof, the last Will and Testament of Mary Atwell?" and the jury having answered the issue "Yes", as set out in the record: IT IS,TH“REFORE, on motion of Grier, Grier & Joyner, Attorneys for the propounder, considered, ordered, adjudged and decreed that the paper writing propounded by Ben Atwell, and every part thereof, (as the same appears on pages 80 and 81 of account book offered in evidence) is the last will and testament of Mes Mary Atwell, deceased, Said Zast will and testament being in the following words and firures, to-wit: "My Last Will & so forth When My Husband Died I took a childs part in the estate which entitle me to do as I please with my property. The men who had controle of the division gave me the improvements & 61 acres of land, My Son Ben has staid with me since his Death. I feel like I ought to pay him for his kindness and care, So I will give him the House & furniture with the understanding he is to cover the house & 10 acres of the land where the house stands & also the new barn, I have a good little horse & one cow, Buggy and wagon which can be sold to help bear the expense of closing up the estate. 50 acres of land is to be sold & proceeds divided with my other boys included My Grandson Boge Cowle Atwell, which mst put in safe keeping to skool Bogle. (Signed) Mary Atwell It is further considered, adjudged and decreed that safd paper writing is duly probates in solemn from, and is ordered to be recorded by the Clerk of this Court in the record of Wills in his office, and the original paper writing filed therein, It is further considered and adjudged that the propounder recover of the Caveators, Theo Atwell, D E Atwell, J R Atwell, et al, and their bondsmen Theo Atwel} and D E Atwell, the costs of this action to be taxed by the Clerk of this Court, P A McElroy, Judge Presiding IN THE SUPERIOR COURT NOVEMBER TERM 1931 Friday Novembér 20, 1931, IN RE: Will of Mrs Mary Atwell Caveators move th set the verdict aside and for a new trial. Over. ruled. Exceptions. Judgment signed. Caveators except and appeal to the Sup- reme Court. Notice given in open Court. Further notice waived. Appeal bond of $100 adjudged sufficient, By consent, caveators allowed 40 days to serve case on appeal, and propounder 40 days there&fter to serve countercase or file ede thena: State of North Carolina, In the Superior Court County of Iredell Atlantic Joint Stock Land Rank { of Raleigh, Plaintiff ) vs f OR D ER The Farmers Mutual Fire Insurance } Association of North Carolina, ) and E P Hager Defendants, ) This cause coming on to be heard at this the November Term 1931, of Iredell Superior Court before Honorable P A McElroy Judge Presiding, upon motion of J W VanHoy Esq, and Buren Jurney Attorneys for the defendants, The Farmers Mutual Fire Insurance Association of North Carolina, and it appear- ing to the Court that the Kaleigh Savings Bank and Trust Company, Trustee, or its successors and Lola ¢€ Hager, wife of E Pp Hager are necessary parties to the above entitled cause of actions It is therefore, ordered adjudged ahd decreed by the Court that the or its successor said Raliegh Bank ana Trust Company trustee,/and Iola ¢ Hager be made parties to the above entitled cause, P A McElroy Judge Presiding North Carolina, {| In the Superior Court Iredell County. } November Term 1931 Newton G Grater vs Q JUDGMEN? Alice B Crater ) mis cause, coming on for hearing, and being heard upon the eompleint : c of plaintiff ana the tes timony offered in behalf of plaintiff whereupon a jury having been empaneled to try said Cause and the issues, ret Answer: Yes. \ No 3535 IN THE SUPERIOR COURT 97 NOVEMBER TERM 1931 Friday November .20, 1931. 2. Did defendant, Alice B Crater, abandon plaintiff, Newton G Crater, or about. the 17th day of July, 1927, as alleged in the complaint? on Answer: Yes 3. Had plaintiff, Newton G Crater, been a resident of the State of North Carolina for two years immediately prededing the filing of said complaint on August 24, 1951? t Answer: Yes It is therefore by the court ordered, adjudged and decreed that plain- tiff, Newton G Crater, be and he hereby is granted a divorce from bed and board 9 from his said wife, Alice B Crater. It is further ordered, adjudged and decreed that plaintiff pay the mux¢ costs in said action. This November 20th, 1931. P A McElroy _ Judge Presiding Atlantic Joint Stock Land Bank vs The Farmers Mutual Fire Ins Asso., al It is ordered by the Court that this case be set for Thursday February 4th, 1932, January Term, as the second case, with express understanding that it is not to interfere with case set pre-emptorally on Monday February 8th 1932, IN RE: WILL OF W D McLELLAND, \750- Haze2 Ayers vs Isidore Wallace -- Continued \754= irs Belle Gibson vs J § Morrison -- Continued \756- H C Cashion vs W P Carpenter et al -- Continued . \W58- JL Stout vs Mrs Laura I White -- Continued \ 759 J L Stout vs Mrs Laura I White -- Continued \762- TL Laskey al vs Carolina Mortgage Co Inc. Continued \764- R M Brawley Co vs Mason McKnight et al -- Continued 98 IN THE SUPERIOR COURT . NOVEMBER TERM 1931 Friday Novembey 20 1931, IN THE SUPERIOR COURT NOVEMBER TERM 1931 No 740 Murry M Grier ) ' JUDGMENT OF NON-SUT? vices rendered to the plaintiff in the above matter, and that he pay to vs Mi ~ a R tradi j Manly, Hendren & Womble, Attorneys, the sum of $50.00 for professional Max Rones trading as Max Rones Jewlery Co. { services rendered to the Executor and Trustee in the above matter; said It appearing to the Court that the parties to this guit have adjusted funds to be paid when the said Executor and Trustee has in hand sufficient their differences; It is ordered by the Court that the action be non=suited ang funds for that purpose. plaintiff taxed with the cost of the acbion, The costs of this action are taxed against the esta#te, of A W rn ema ae Wilcox, deceased. North Carolina, In the Superior Court This the 20th day of November, 1931, nnn Iredell County, P A McElroy Nettie Wilcox Judge Presiding in the Fifteenth Judicial — a wre District. vs } ORDER i David H Wilcox, Executor t h Carolina In the Superior Court of A W Wilcox, deceased © Ya i et als. j Iredell County. 9 November Term 1931 | | Hi j This cause coming on to he heard before His Honor, P A McElroy, L 0 Little and Frank Little, j ey a4 a minor, by L 0 Little, } a Judge Presiding, and after nearing the ease upon the Pleadings and the ad- \ Next Friend j a i missions of counsel, and there being no apparent disagreement as to the facts vs ) JUBGMENT i . ; i the Court finds that the construction of the will is plain upon its face The Board of Education of Iredell t tl < tae , - _ aS County, Celeste Henkel, RC Bunch, | and that the Plaintiff, Nettie WLicox is greatly in need of funds to maintain A J Beaver, N Sankey Gaither, S H 4 i gas Houston, J A Craven, Dr Bell Gaither} | wae Sustain her; j T 0 Brawley, D L Morrow, J 8 Smith, } Om $6 dee cas WS Page, GG Niblock, C H Baity, ° ae 1 THEREFORE, CONSIDERED, ORDERED AND ADJUDGED that David H Wile WC Grose and J H Genbry. } i ices Rie: tae a teen ae Ht ie Cox, ixecutor of A W Wilcox, dee » and Trustee of the funds committed ie to hi ™ This cause coming on to be heard at the November Term of Iredell ee S care for the benefit of the said Nettie Wilcox, et als interested ie therein Superior Court before the undersigned presiding Jude, upon a demurrer filed to ie ’ that said Executor and Trustee pay to the plaintiff Nettie Wilcox la 2 the plaintiff's cause of action by the attorneys for the defendants and apon i out of the funds of the estate for her use and benefit the sum of Sixty ($60.00) Dollars, as and the hearing, the defendants, through ther counsel Messrs Malcolm Cameron and when paid on a note of One Thousand ($1,000.00) Dollars due by WF } Scott & Collier, having inéerposed a demurrer ore tenus to the plaintiffs! iorton and secured by a mortgage on a house and lot in the town of Mooresyi Complaint in this cause on the grounds that the allegations set forth in the lille, said interes Rene April &, 1952, and it is within the discretion of the Executor and j 4 -e whet] | rustee whether he shall pay any part of said interest before the date aforesaid, and if he shoulda t in the sum of $60.00 being due and Plaintiffs! complaint do not constitute a cause of action against the defendant or @ither of them, for that the said defendants, and each of them, were en- | | gaged in the discharged of a governmental duty at the time and place of the née shall have credit for the same. That on ang after May 1. alleged accident and that no action for negligence lies against the defendants 1932 he shall tiff Nettie pay to the plain individualiy, Wilcox, the sum of Forty (4 or as a body corporate or politic and they are not responsible Y ($40.00) Dollars er mo inder of her widowhood out of th r ane Seriag os Se for negligence while so engaged in the performance of their duties as required © assets of said estate &s and when realized upon by 1 by the said Executor and@ Trustee . al » which shall be legal voucher in the final And it appearing to the Court that the plaintiffs have no cause of action against the defendants, or any of them, either as individuals or in thet By the agreement of the partie the Executor and Trustee aforesaid Winberry, At torneys, Corporate capacity, by reason of the matters and things set out in the plain- 8 to this action IT IS ORDERED, that » I ’ tiffss complaint; 1100 IN THE SUPERIOR COURT | NOVEMBER TERM 1951 101 It is, therefore, upon motion of Malcolm Cameron and Scott & Coll4, er Attorneys for the defendants, ordered, considered and adjudged that the de. Me North Carolina, | In the Superior Court fendants8 demurrer ore tenus to the plaintiffs! complaint, on the grounds Iredetl County. |} Before the Clerk that the allegations contained in the plaintiffs® complaint do not consti. 1 First Bational Bank of Statesville, North Carolina, tutea cause of action against the defendants, or any of then, be and the JUDGMENT vs same is hereby allowed and it is ordered that this action be, and it is : $ R Morrison, L_N Summers, hereby dismissed. and J W Nash, Defendants PA McElroy ° This cause coming on to be heard, and being heard before the un- Judge Presiding November Term, dersigned Clerk of the Superior Court of Iredell County, North Carolina, on this Monday, Nowember 25rd, 1931, and it appearing to the Court that on October 10th, 1951, plaintiff caused a summons to be issued out of this Court against the above named defendants in this ac tion, and at the same time filed in this office a duly verified complaint; and if further North Carolina, In the Superior Court appearing that on October 16th, 1931, said Summons, together with a copy Iredell County. November Term 1931 of said complaint, was duly served on each of said defendants, to-wit: SR Morrison, L N Summers and J W Nash; and it further appearing to the To His Honor, P A McElroy, Judge Presiding: : Court that this is an action on a certain promissory note, under seal, of I, Zeb V Long, Solicitor of this the 15th Jud r icial District, the defendant S R Morrison, for the payment of the sum of $889.00, dated June hereby respectfully report and show to the Court that t hy s I s ave at this tm 17th, 1931, due Ninety days after date, with interest after maturity at the term of the Court made a most careful inspecti um on and examination of the . rate of six per cent per ann n, and duly endorsed by the defendants, L N conduct and administration of the office of Ho ne John L Milhol Clerk ane, Summers and J W Nash; and it further appearing that more than thirty days of the Superior Court i C p Ov of Iredell County, and beg leave to report that have elapsed since the service of said summons and complaint on each of said offi appe erence appears to be conducted in a most highly efficient and sat- the defendants, and that neither of the defendants have appeared and an- 9 isfactory manner, in all respects 4 St n conformi w mity with the laws governing Swered or demurred, or otherwise Plead, to said complaint within the time the conduct of said office, allowed by law; and that the time for answering or otherwise pleading has Respectfully submitted, .now expired: Zeb V Long, IT IS, THEREFORE, considered, adjudged and decreed thiit the Aoroved: SoLeet tals Plaintiff recover of the defendants, S R Morrison, L N Summers and J W > A tem Nash, jointly ana severally, the sum of $889.00, with interest from Sept- Lich, roy Judge Presiding ember 15th, 1931, at the rate of six per cent per annum until paid, to- gether with the costs of this action to be taxed by the Clerk of the Court, John L Milholland Clerk Superior Court Iredell County st OTE ONE Se HT See ee HiSte Se hese i i HY North Carohina, } In the Superior Court Iredell County. } Before the Clerk First National Bank of Statesville, N C Plaintiff vs JUDGMENT S R Morrison, J R Little and L N Summers, Defendants ee er <— This cause coming on to be heard, and being heard before the un- dersigned Clerk of the Superior Court of Iredell County, North Barolina, on this Monday, November 23rd, 1931, and it appearing to the Court that on October 10th, 1931, plaintiff caused a Summons to be issued out of this Court against the above named defendants in this action, and at the same time filed in this office a duly verified complaint; and it further appear- ing that on October isth, 1931, said summons, together with a copy of said complaint, was duly served on each of said defendants, to-wit: SR Morrison LN Swmners and J w Nash; and it further appearing to the Court that this is an action a certain promissory note, under seal, of the defendant, SR Morrison, for the payment of the sum of ~275.00, dated June 17th, 1931, due Ninety days after date, with interest after maturity at the rate of six per cent per annum, and duly endorsed by the defendants, J R Little and LN Summers; and it further appearing that more than thirty days have elapsed Since the service of said Summons and complaint on each of the defendants, and that neither of the defendants have appeared and answered or demurred, piead to said complaint within the time allowed by law, and Q I? Is, THEREFORE, considered, adjudged and decreed that the Plaintiff recover of the defendants, S R Morrison, J R Little and L N Summers, jointly and severally, the sum of $275/00, with interest from September 15th, 1931, at the rate of six per cent per annum until paid, c } nH 7 + ogether with the costs of this action to be taxed by the Clerk of the Court, John L Milholland, Clerk Superior Court Iredell County ee We MRSS ab North Carloina State of . In the Superior Court Gounty of Iredell. | George De Witt Shoe Company Inc, JUBGMENT ills, trading and doing bus- tices as the J P Mills Department Store 1 vs ¢ { f This cause coming on to be heard before the undersigned, Clerk of Superior Court of Iredell County, North Carolina and it appearing to the gatisfaction of the Gourt that the plaintiff and defendant have settled all things and demands made by the plaintiff in the above entitled cause; It is therefore, upon motion of Turner, Moss & Winberry, Attorney for the plaintiff, ordered, adjudged and decreed by the Court that the above entitled cause be, and the same is hereby non-suited. All costs in this action to be taxed against the plaintiff, This the 27th day of November, 1931. John L Milholland Clerk Superior Court. North Carolina, In the Superior Court, Iredell County. Before the Clerk, \ H. P. Grier, Sr., Trustee under Lo Will cf A. P, Barron, deceased, Plaintiff, JUDGMENT ‘Vs. C. C. Stearns, C. A, Stearns and Fred Lowrance, Defendants, oo oo oco So me This cause coming on to be heard, and being heerd on this Monday, the 50th day of November, 1931, by the undersigned Clerk of the Superior Court of Iredell County; and it appearing to bhe Court thet on the 8th day of October, 1931, each of the defendants accepted service of said summons and a copy of the compleint and waived service by an officer; and it further appearing that this 1s an action egeinst the defendants, C. C. Stearns and C. A, Stearns, to recover the sum of Four Thousand Dollars ($4,000.00), with interest from the 24th day of April, 1929, at the rate of six per cent (6%) per annum, due and Payable annually, evidenced by the notte of the said C, C, Stearns and Cc. A, Stearns, dated April 24th, and secured by mortgage on the lends described in she complaint, said action being for the failure of the said C. C, Stearns C. A. Stearns to pay seid indebtedness, and to foreclose the mortgage vies 4 , tt, including all rights of the defendant, Fred Lowrance, in and to the tract of lend purchased py him from the said C, C. Stearns, and’ which was subject to tt lien of the plaintiff's mortgege at the time of its purchase; and it furtne, appearing that mere than 30 days have elapsed since the acceptance by each of the defendants of service of a copy of the summons and complaint in this action, and that neither of the defendants have answered, demurred or Otherwiss plead to said complaint within the time allowed by law, I’ IS THEREFORE, considered, adjudged and decreed by the Court thet the plaintiff recover of the defendants, C. C. Stearns and C. A, Stearns, jointly and severally, the sum of Four Thousand Dollars ($4,000.00), with interest thereon from April 24th, 1929, at the rate of six per cent (6%) per annum, interest to be due and payable annually, together with the costs of this action to be taxed By the Clerk, It is further considered and adjudged that the Mortgage deed executed by the defendant, C. C. Stearns, to H. P, Grier, Sr,, : Trustee, to secure the indebtedness represented by the note of the said ¢, ¢, Stearns and C. A. Stearns, be foreclosed by a sale of said property, free an discharged from all right, title and interest of the said C. C. “teurns and of the defendant, Fred Lowrance, in and to the lct purchased by him; providing, however, that the commissioner hereinafter appointed shall first offer the lends embraced in said mortgage for sale, excluding therefrom the Jot of the seid Fred Lowrance, and if said lands, excludive of the Lowrance lot, dees not bring sufficient money to pay the plaintiff's indebtedness and costs cof sale, that then the tract be offered and sold as a whole, including the lot of the sald Lowrance, It is further considered and adjudged that Jack Joyner te, and he is hereby, appointed a Commissioner to foreclcse said mortgage, and said Commi ssionet is hereby empowered, authorized and directed to advertise the lands described the complaint at the Court Heuse Door and three other purblic pieces in Iredell County for thirty deys immediately preceding said sale and in seme newspeper published in said County at least once a week for four weeks, therein eppoint- ing © day and place of sale, and at such time and place to expose said lands st public sale to the highest bidder for cash, and said Commissioner will report said sale to this Court within ten days thereafter, oc. : iia a considered and adjudged that the plaintiff mey wad . mmissioner end may become the purchaser at said 8810 m ist. In s Payment of the costs of this action, including te cost of advertisement and Sale of said land; ’ end, To th © payment of such taxes as may be due upon said Srd. To t he satisfaction pro tanto of the amount hereinbe judged against the defendants, Geo Stearns em og. 2 Stearns ° + ° $ ath the residue, if any, to be paid over to C, C.Stearns, or his assigns. phis cause is retained for further orders. ~John L, Milhollend @ierk Superior Court. Se EMRE RE SERET: 3 HEARNE BEE EEE $6 FE SE SESE HE SEE SE STATE OF NORTH CAROLINA, IN THE SUPERIOR COURT. COUNTY OF IREDELL. The Federal Land Bank of Columbie, Plaintiff. Vs. JUDGMENT AND CRDER B. F, Harmon and wife, Laura Harmon, OF FORECLOSURE. W, A. Bristol, Trustee, Mrs. Cc. C. Therpe, Ex. Estate C. C. Tharpe, and T, Ross Alexander, Inc, Defendants. POO COooococoS This is an action for the foreclosure of s mortgege made, executed end delivered to The Federal Land Bank of Columbia by the defendants, B. F. Harmon end Laura Harmon on the 3lst day of March, 1920, to secure 4 note of even date therewith, given by the said defendant to the said The Federal Lend Bank of Columbia, which is now the legal owner end holder thereof, in the sum of TWO THOUSAND ($2000.00) Dollers, with interest thereon at the rate of (54) per centum per annum from the date thereof and payable in a certain number of definitely stated amortization installments, the said mortgage having been duly recorded in the office of the Register of Deeds for the County and State aforesaid on the 31st dey cf March, 8920, in Book 47 at page 171, and covering the same lands described in the Complaint here- tofore filed in this cause, which are located and bounded as follows: All thet certain lot, piece or tract of land containing 118 acres, situate, lying and being in Cocl Springs Township, Iredell County, State of North Carolina, about 8 miles East of Statesville, and bound on the North by lands formerly belonging to Mrs, Ramsey, T. J. Conger, and Mrs, Rockwell; on the West by the lands of W. A. Murdock; on the South by the lends of J, F. Houpe, J. L. Honeycutt; and on the East by the lands of Parker, and being more fully and accurately described by metes, céurses and distances 8 will appear by a Plat thereof made by S. 0. Lazenby, surveyor, March 20th, 1920, ' ' | | Tt appearing to the satisfaction cf the Court that the Summons bie in was issuéd on the 28th day of October, 1931, and that the same wag duly | served on all the defendants herein more than thirty (30) days prior hereto and the Compleint, properly verified, was filed herein, as required by lew, a copy cf which was duly and legally served on all resident defendants; ang it further appearing that the defendants, ‘iB. F, Harmon and wife, Laura Harmon, W. A. Pristol, Trustee, Mrs. C. C. Tharpe, Ex, Estate C. C, Tharpe and T, Ross Alexander, Inc,, have neither appeared, answered nor demurred thereto and are new in default and that the fects alleged in the plaintiff's Complaint are true and correct, that the condition cf the mortgage herein mentioned has been broken end that there is now due and cwing to the plaintiff on the above described indebtedness the sum of TWO TECUSAND FOUR AND 60/100 ($2004 ,60) Dollars, for all o* hich the plaintiff is entitied to demand judgment, I? Is, therefore, on motion of plaintiff's attorneys, ORDERED, ADJUDGED AND DECREED: First: That the plaintiff, The Federel Land Bank of Columbia, have judg. ment ageinst the defendants, B. F, Harmon and wife, Laura Harmon for the sun of TWO THCUSAND FOUR AND 60/100 ($2004 ,60) Dollars, with interest thereon at the rate of six (6%) per centum per annum from the date hereof until paid, together with the costs and disbursements 6f this ection; Second: Thet, untess the indebtedness herein adjudged to be due the plaintiff, including the costs and disbursements of this action, is paid immediately, the lands described in the said mortgage te the nlaintiff be sold at public auction at the Ccurt House door in this County on the ___day of pees : uD » in eccordance with law, and the proceeds thereof, after paying the costs of this ection and the expenses of the sale, inélud- ing compensation for the Commissioner in an amount not to exceed five (5f) per centum of the accepted bid, together with all past due and unpaid taxes and assessments thereon, shall be applied first upon this judgment and the surplus, if any, paid into this Court for the benefit of these entitled theret?; Third: Theat the terms of sale shall he as follows: One fourth (2) of the accepted bid to te paid into Court in cash, and the balance on credit, payable in Four (4) equal fnnueal installments, with interest thereon from date of sale at the rate of Six (6%) per centum per aon The cash portion of the fccepted bid shall be applied toward the Pay” ment of ; rae. Q0nks of this action, including the compensation to the Commiss . loner, unoaid taxes assesseq upon the preperty and assessments “ may be past due and unpaid, and judgment of the plaintiff in the order oe The credit portion of the accepted bid due plaintiff shall be evidenced: by * bond er no te of the Purchaser, payable to the Commissioner secured by mortgapre : : oer OYGr the premises, and the remaining balance of the credit , be of the accepted Ma, if any ’ shall he evidenced by a bond or note of purchaser payable to the Comm issioner, and secured by a second mor 107 the premises; the said first mortgage over the premises and the bond or note secured thereby shall be assigned by the Commissioner to the plaintiff, ‘ and the said second mortgege over the premises and the bond or note secured thereby shall be held by the Commissioner subject to the further order of this Court; provided, hcwever, thet the purchaser shall have the right to pay in cash the whcle or any part of the credit portion cf the accepted bid, ' whe purchaser shall pay for the preparation and reccrding of all papers including the requisite revenue stamps; provided, however, that revenue stamps need net be placed on the deed of conveyance to the plaintiff, should it be- come the purchaser, or on the bond securing any belance due the plaintiff. Fourth: Theat R. A. Collier be, and he hereby is, appcihted Ccommissia@ ner cf this Court to advertise and sell to the last and highest bidder there- for, upon the terms herein set forth, the mortgaged lands described in the Compasint herein and report his preceedings hereunder with s complete statemert ae of his receipts and disbursements for further consideration and orders by this Ccurt; that, unless the plaintiff becomes the purchaser, the Commissioner do require the successful bidder to deposit with him the sum of TWO HUNDRED ($200.00) Dollars either in cash or by certified check, as earnest money or } | evidence of good faith, this sum to be applied on the bid should there be a compliance with the same; but should the successful bidder fail to make such | deposit immediately at the time of acceptance of his hid, then the said pre- mises shall be at once resold at such bidder's risk, on the same sales day or upon some subsequent sales day, at the option of the plaintiff: or its attcrney; however, should the successful bidder make the said deposit and thereafter a fail to comply with bhe said bid without just cause or legal excuse shown, thm Such deposit shall be delivered to the plaintiff and retsined by it as liqui- dated damages, and the premises shall thereupon be reso!d upon the seme terms and at such purchaser's risk on some subsequent sales day te be designated by the plaintiff or its attorney; that mission is given to The Federal Land Bank of Columbia to bid at said sal , et any resale of the said mortgaged lands and, should it become the pinenaler , after paying the costs and necessary disbursements of this action, the amount of its bid shell be applied as a credit upon the judgment rendered herein; Fifth: That upon the confirmation of the sale of said lands by the Clerk of the Court, and when the terms of sale shall have toen fully complied with, the seid Gommissioner shall make title to the purchaser in fee, and thereupon the same shall be put into possession of the ssid premises on pro- duction of the deed; and the proceeds of sale, after paying the costs cf this ‘ction, the expenses of the sald and all unpaid taxes then assessed upon the Property, shall be applied first to the satisfaction of this judgment in fevor of The Federal Land Bank of Columbia and thereafter, until exhausted, in discharge of a1} subsequent encumbrances in the order cf their priority; gi Sixth: That upon the sale ef the said premises all the right, title. -: interest and equity of redemption of the defendants, B. F. Harmon ang ae Laura Harmon as well as all persons whomsoever claiming, by, through op under the same in and to the premises or any part thereof herein ordered to be sold be, and the same hereby are, forever barred and foreclosed, John L. Milholland Clerk Superior Court. This the 30th day of Nov., 1951. HEE AEE SESE BE SE SEAE HE FE SESE SE SESE He SEE SESE SESE SE HAE IESE SE SE SE SES FE SE SE BE North Carolina, In the Superior Court Iredell County. November Term 1951 Ethel Wallace } vs JUDGMENT Ernie Wallace This cause coming on to be heard at this term of the Court, be- fore His Honor, P A McElroy, Judge Presiding, and being heard, and it appear- ing to the Court that the parties have compromised and settled all matters of difference touching their property rights and demands for support and ali- mony, growing out of their material relations, as set forth in the pleadings in this cause, on the following terms: The defendant is to pay all taxes charged and assessed against the property now held by the plaintiff and defendant as tenants by the entirety, and is to pay the plaintiff Four Hundred Dollars ($400.00) either in cash or upon six months time, with approved security, and is to assume, pay off and discharpe the mortgage on the house and lot heretofore used and occupied as a residence of the parties. The plaintiff and defendant are to convey all real property held by them as tenents by the entirety to John Busby and Jack Joyner, as Trustees, upon the trust that said property is to be conveyed to the plaintuff and defendant as follows: The House and lot formerly occupied by the parties as their resi- dence is to be conveyed to the defendant. The remaining real estate is to be divided into two equal shares by three disinterested persons, one to be sele~ ected by the plaintiff, one by the defendant, and the third by the parties selected by the plaintiff and defendant, who shall view and carefully examine and ascertainthe value of each tract and parcel of the remaining real estate held by the plaintiff and defendant as tenants by the entirety and shell by divide the same into two equal shares as near as may be and, if necessary = a order to make an equal division of the property, shall have the right to cheige th g © more valuable share with payment of a sufficient sum of money % make the two shares of equal value, and shall make their report to the cow 109 ' ® alloting one of said shares to the plaintiff and one to the de- na thereupon the said Jack Joyner and John Busby, Trustees, ahall y to the plaintiff the share allotted to her, ard to the defendant the conve share allotted to him. 1? IS, THEREFORE, considered, adjudged and decreed by the Court that the defednant pay all taxes charged and assessed against the property pf the iaintiff and defendant as tenants by the entirety, and that the defendant P either pay the plaintiff in cash the sum of Four Hundred Dollars ($400.00), or execute and deliver to her his note for said sum, due in six months, with interest at the rate of six per cent (6%) per annum, with security approved by the plaintiff's attorneys. It is further considered and adjudged that the plaintiff and the defendant convey all real estate held by them as tenants by the entirety to John Busby and Jack Joyner, Trustees, and that said trustees shall thereupon convey the house and lot heretofore used as a residence by the plaintiff and defendant to the defendant, Ernke Wallace, and upon the re- port of the Commissioners selected by the parties to divide said lands, the Trustees shall convey the share allotted to the plaintiff to her, and the share allotted to the defendant to him. It is further adjudged that defendant shall pay the costs of this action. This cause is retained for further orders. P A McElroy Judge Presiding By consent: Grier, Grier & Joyner Lewis & Lewis Attornéys for Plaintiff John C Busby Attorney for defendant North Carolina, IN the Superior Court Iredell County. Before the Clerk Hazel Ayers 6 vs FINAL JUDGMENT BY CONSENT Isidore Wallace } This cause coming on to be heard before the undersigned Clerk of the Superior Court of Iredell County, and being heard, and it appearing to the Court that the plaintiff and defendant have agreed upon a settlement in full by way of compromise of all matters and things growing oub of the facts set forth in the plaintiff's complaint in this action: i j fe | of said appraisers is a discre And it further appearing to the Court that the defendant has paid to the plaintiff the sum agreed upon in compromise settlement, from the ad- mission of the parties; It is, therefore, by consent, ordered, considered and adjudged that the plaintiff recover nothing further against the defendant in this action and that the action be, and the same is hereby dismissed upon the payment by the defendant of the costs, in the amount of $9.65, as taxed by the Clerk of this Court. This Dec 12th 19351. John L Milholland Clerk Superior Court By consent: J H Burke Lewis & Lewis, By J G Lew&& Attorneys for plaintiff Scott & Collier Attorneys for defendant Fisk Tire Co. Inc., } vs | LB Bristol, trading | as Bristol Motor Co. {4 Execution issued in above case on Sept 25, 1931. uxecution returned by Sherriff and filed in office Clerk Super- Lo >t) r Court.on the 6th day of October, 951, with following return by Sheriff: " Service of the within ex Spon ecution is hereby accepted this the lst day of LB Bristol, By Malcolm Cameron, Attorney; G C Kimball, Sheriff By TM Halyburton, D 8, North Carolina, Iredell County, {§ Fisk Tire Company Ine, vs MESTRAD ; : HOMESTLAD AND PERSONAL PROPERTY EXEMPTION. f LB Bristol, trading a Bristol Motor Co. nes | I, GC Kimba ’ Kimball Sheriff of Iredell County, have this day summoned WC Perry, RL Gi 1 ’ lbert and L o White, as appraisers, to lay off and assign to the said LB Bristol his homestead and personal property exemption. Each et person and qualified to act as a juror in said County, This the 6 Gay of Oct, 1931- GC Kimball, Sheriff By T M Halpburton D S$ 111 APPRAISERS! RETURN Te undersigned, haviggg been duly summoned and sworn to act as ap- praisers of the homestead and personal property exemption of L B Bristol, of Statesville township, Iredell County, by G C Kimball, Sheriff of said County, in the case of Fisk Tire Co Unc, vs L B Bristol, trading as Bristol Motor Co,. do hereby muke the following return: We have wiewed and appraised the homestead of the ssid L B Bristol and the dwellings and buildings there- on, owned and occupied by the said LB Bristol as a homeséead which we valu- ed at $1000.00. Said homestead adjoins the lands of L B Bristol and JC Mosse and others and is bounded as follows: & Beginning in the center of third creek formerly H C Cowles corner & J C Moose's line; thence down said creek 28 W. 143 poles to the center of said creek & center of #10 highway bridge; thence with center of said #10 highway N 71 & 32 poles to a stake & N 80 E 32 poles to a stake on said highway center of a branch; thence up said branch N aboub 20" E 68 poles to a poplar on said branch; thence W 63% poles to a Red Oak on the Cowles line; thence with said line S 21" W to the beginning, containing 30 acres, more or less, and is exempted from sale under execution, according th law. Second Pract or Lot: Beginning at a stake on the W side of Meeting St. in the City of Statesville, N C. formerly L B Bristol's Northeast conner and runs with meeting St N 20 W 12 ft. to a stake on said street; thence S71 W 99 ft. to a stake in the old church line; thence S 804" E 98 ft. to the beginning, containing 151 square feet, more or less, which we declare to be a fair valuation, and the said is exempt from sale under said ex- ecution,. We hereby certify, that we are not related by blood or mabriage to the judgment debtor of the judgment cerditor in the above entitled action, and have no interest, near or remote, in the above homestead or personal pro- perty exemption. Given under our hands and seals, this the 6 day of Oct 1931. L O White (Seal) RL Gilbert (Seal) WC Perry (Seal) The above return was made and subscrihed in my presence, the 6 day of Oct. 1931, G C Kimball, Sheriff of Iredell County By TM Halyburton, DS i 112 Fisk Tire Company Inc. vs L B Bristol, trading as Bristol Motor Co., To the Clerk of the Court of Iredell County: The within named L O White, WC Perry and R L Gilbert were sum- , moned, sworn and qualified according to law as the appraisers of the home-~ stead and personal property exemption of the said L B Bristol under an execution in favor of Fisk Tire Company Inc on this the 6 day of Oct 1931, G C Kimball, Sheriff Iredell County By TM Halyburton Ds Alias kxecution issued on 5th day of November 1951, and returned with the following notations. tr 1a ‘en ae > * ay a ft ” + hereby accept service of the within execution and waive service thereof by the Sheriff. ‘This November Oth, 1931. ZB Bristol - iy VT accent aenvie x } i hereby accept service of a copy of the advertisement of the real > tate advantien 1- + a 394 We estate advertised to be sold under this execution on Dec 7th, 1931, and waive service thereof by the sheriff, This November 22, 1931 L B Bristol By virtue of .the within execution I sold, after due advertisement, at the Court house door in Statesville NC on December 7th, 1931 to the Re r De ‘ mv » Bank of Davie and Title Insurance Company of Richmond for $4900.00 the following described lands belonging to L B Bristol (SEE DESCKIP'TION oF LAND ATACHED 0 OKIGINAL) G C Kimball, Sheriff. North Carolina, | In the Superior Court Iredell County, 4} Before the Clerk i E Yates vs Fred L Swann, EV Swann 4 ) JUDGMENT? and W E Yates | This cause coming on to be hear the 14th day of December, Court of Iredel Gell County, and it “appearing to the Court that this action » and being heard on Monday, +961, before the undersigned Clerk of Superior - was commenced on the 7th day of August, 1931, and was served by personal ser- vice on each of the defendants on the 14th day of August, 1931, and that more than thirty days has elapsed since the service of said summons, ahd that de- fendants have not filed ancanswer or demurrer within the time allowed by law, and it further appearing to the Court that thés a¢tion is brought for the col- lection of two notes, being for certain stated amounts, and it further appear- ing to the Court that defendants are indebted to the plaintiff on ane note for the sum of $960.00, with interest thereon from the lst day of February, 1930, until paid, subject to a credit of $11.60, and are indebted to the plaintiff on another note for the sum of $610.00, with interest on same from the 12th day of May, 1950, until paid: It is therefore ordered and adjudged that plaintiff recover judg- ment against the defendants: (a) For the sum of $960.00, together with interest thereon at the rate of six per cent per annum from the lst day of Febryary, 1930, until paid, subject to a credit of $11.60 on the interest, (b) For the sum of $610.00, together with interest thereon at the rate of six per cent per annum from the 12th day of May, 1950, until paid. (c) For the costs of this action to be taxed against said de- fendants. This the 14th day of December, 1931, John L Milholland, Clerk Superior Court. SG 646 ioe oe cee 8 State of North Carolina, } In the Superior Court County of Iredell, J General Motors Acceptance Corporation Margaret Brawley Bristél and L B Bristol, ‘rading amd doing business wa the Bristol Motor Company. § 4 vs 0 UD@e@ 2 ee Ss i ‘ This cause coming on to be heard before the undersigned Clerk of the Superior Court of Iredell County, North Carolina, on this Monday, Dec- ember 14, 1951, upon motion made by attorneys for the plaintiff, for judgment by default final, and it appearing to the Court that claim and delivery pro- ceedings were duly instituted on the 2nd day of June, 1931, by due issuance of summons herein on said date; that said summons is returnable as required b¥ law; that the time was extended for filing of the complaint to June 12th 1 951, by order of the Clerk of the Superior Court of Iredell County; that on . th © 12th day of June, 1031, filed in this office a duly verified complaint, 113 i | together with copies for the defendants demanding a sum certain in money << on a written instrument, to-wit; a conditional sales contract; that as an Y incident to the chief relief demanded in this action, the Pplaintif’ in thas aforesaid complaint demanded in this action, that, by virtue and authori ty and power contained in said conditional sales contract, certain items of persona} property, to-wit: One 1929 model Pontiac four door sedan automobile Motor No. 595642- manufacturer's serial No. 520646, be taken from the defend. ant, Margaret Brawley Bristol, and sold to pay and satisfy the balance due on the aforesaid conditional sales contract and money judgment that might be rendered herein; that in case the Commissioner as herein decreed or in case said property shall become destroyed, damaged or deteriorated so that it would be worth less than $300.00 or whatever partion thereof be necessary to Satisfy and pay the aforesaid judgment against the defehdant herein execution to be issued against said surety or sureties, as the case may be, if any, without further authority; that it appears that L B Bristol, Mary C Bristol and C A Turner became sureties in the sum of {3700.00 on the said bond of rgaret Brawley Bristol; that, in consequence of the demanding of the said incidential relief, the aforesaia summons had attached thereto plaintiff's affidevit and undertaking in the amount of $700.00, together with an order of the Court dirécting the Sheriff of Iredell County to teke the aorescia item of personal property from the defendant and deliver the same to the plaintiff; thet the af a , eroreseid summons and attached papers were duly served on the defendanti b personally on the 2 é < y © end dey of June, 1931, by the Sherirr of Irédell County by reeding & to the defendants the said summons and leaving with them a copy of said summons 1ffiday » affidavit, undertaking and order; that the return of the aforesaid Sheriff of I redell County entered on said summons and attached papers, evidenced that he took the af Sroresaid item of personal property but that the defendant gave & good and suf*ic cient bond in the sum of $700.00 for the retention of the same, when and where the sh Sheriff of Iredel} County relinquished the custody end control : ni property into the hands of the defendant, Margeret Brewley Bristol; it ap i slag to the court that the time allowed the defendants to plead a tig — the service of said summons, affidavit, undertaking and order 7 Gefendents; and it further Sppesring to the court that the piaintiff demanded judgement again B Bri S l & j 4 4 e 5 the Bris st bis ~ sto , rad ng and do ng bus ness as tedness; and it further appearing to the court that no enswer » demurrer or other Plesdings or motion has been filed by the defendants, and tha > t no extension of time within which to plead to mowe has bee? plead or to Prey requested by or grented to the defendant its, time allowed by lew for the d “ue Court furthen ads © defendants to expired; anc the plaintitr havin answer, demur, or otherwise plesd exhibite sales contract setting forth an a SN as vourt the, sen cunt certain thereon and having filed 29 verified compaeint that there is now due and owing on said comditional sales contract the sum of $265.00, with interest thereon from the 15th day of Mey, 1951, and it appearing to the Court that the defendants are indebted to the plaintiff in the sum of $265.00 with interest at the rate of 6 per cent per annum from the 15th day of May, 1931; and it further appearing to the Court from the pleintiff's complaint and the aforesaid conditional sales contract that the plaintiff is entitled to the possession of the personal property described in the complaint as follows, to-wit: One 1929 model Pontiac four door Sedan automobile, Motor No. 595642, and Manufecturer's eae nreeeeteenene ee Serial No. 520646. NOW THEREFORE, IT IS CONSIDERED, ORDERED AND ADJUDGED: l ihe | Thet the plesintiff recover frem the defendants L. B. Bristol, | trading and doing business as the Pristol Mctor Co., and Margaret Prawley Bristol, the sum of $265.00, with intercst on said sum at the rate of 6 per cent per annum from the 15th day of May, 1951, until paid, together with the cost 6f this action to be taxed by the Clerk of the Court, ofa That the plaintiff is entitled to the immediate possession of the following described property, to-wit: One 1929 model Pontiac four docr sedan automobile, Motor No, 595642, and Manufacturer's Serial No. 520646, and upon “ailure of the defendant to surrender said property then writ of possession shall issue to the Sherriff cf the County where said property is located end said Sheriff shall take possession of said property is located and said Sheriff shall take possession of said property and place the same in the hends | of the pleintiff or the commissioner hereinafter appointed. inten That the money judgment eforesaid is declared a specific lien on the said automobile above described ard being the property described in the complaint in this action, and that C. B. Winberry, te and is hereby appcinted *S commissioner to sell said property, a€ter due advertisement as required by law, to the highest bidder, for cash, and to apply the preceeds from said sale, including the usual 10 per cent commission to the commissioner for making said sale, (2) To the payment of the principal sum of $265.00, and interest thereon recovered against the defendants in this action, (3) To the Payment of the cost of this action (4) The balance if any remain to the defendant, Margaret Brewley Pristol, o4- That this action te retained on the docket to determine what were Plaintiffs damages for deterioration and detention of said proverty if delivery Of ssid property can he had to the plaintiff, and what damages the plaintiff 1s entitled to recover of the defendants and their*sureties ar delivery of the property to the plaintiff can not be had, 116 This the 14th day of December, 1931. John L. Milhollana Clerk Superior Court, ————_ EBERLE EE EBA EAE SESE SDE SESE BE A BE tt tee ot ee ae SE REREE TEFEN: HEM ESE SEH SESE HE Hb 46 SESE 4b 9 2e TRANSCRIPT OF JUDGMENT FROM THE JUDGMENT DOCKET OF THE UNITED STATES DISTRICT COURT. IN THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF NORTH CAPOLINA, IN EQUITY. American Agricultural Chemical] Company, JUDGMENT AS TO T, ROSS ALEXANDER, INC. AND T. ROSS ALEXANDER -V3se T. Ross Alexander, Inc., T. Ross Alexander and H. L. Giltert, oo So OO me THIS CAUSE coming on to be heard this day before the uhdersigned District Judge of the United States for the Western District of North Carolina at Chambers at Shelby, and it appearing to the Court that the plaintiff and the defendants, T. Ross Alexander, Inc. and T, Ross Alexander have agreed upon a judgment to he entered herein and desire this judgment entered carrying into effect such agreement. IT IS, on motion of Varser, Lawrence & McIntyre, Solicitors for plein- tiff, and by consent of W.A. Bristol and Furen Jurney, Solicitors for defendants, end adjudged that the Pleintiff, Amerétcan Agricultural Chemical Company, have and recover of the defendsnts, T, Ress Alexander, Inc., and T, Ress Alexander, jointly ena severally the sum of $78 i, 50.60 with interest thereon from November 1930 until paid at the rate of Six per cent per annum and that the corpore ate sto ock in the Statesville Ponded Warehouse, Inc., held by the plaintiff 88 sec curity to said indebtedness be, and the same is hereby, condemned to be sold to nat ‘he end that the preceeds arising from sich sale shall be applied upon this udgment a Judg end for that purpose R. A. McIptyre ana Buren Jurney are hereby appointed Commissioners to 8¢ll ssid stock “9 ’ the hi; Seid sale to be at public auction 0 notice of such Seale has heen Posted at ssia imm mmediately preceding said sale. Seid sale shall be made on any day of th holiday, It 4 8 further by consent “greed that if the sum of $830.60 and ~ on $7830.60 from November 1, 1930 unti week or month except Sunday or a 1 December 1, 1931 is pa or bef ore January 1, 1932 then and in that event no sale of said corpo 117 —? January 1, 1952 then and in that event the plaintiff shall be at liberty to sell said corporete stock and or to proceed with the collection of this judgment by proper precees issued from this court, It is further by consent agreed that if the balance due on this udgment is paid in full on or before June 1, 1932 then and in that event sib rate stock hereinbefore referred to shall not be sold by the doners hereinbefcre appointed but, if said judgment, principal, interest and costs is nct paid in full on or before June 1, 1932, then said pleintiff shall be at liberty to proceed to have procees issued from this court on said judgment for collection thereof and said Commissioners hereintefrre appointed shall immediately proceed to advertise and sell said corporate stock as hereinbefore provided for, It is further by consent considered and adjudged that the defendants, T. Ross Alexander, Inc. and T. Ross Alexander reccver nothing by way of counter- fense in their answer filed herein and that claim as set up in their the corporate ,steck of the" Ville Bonded Warehouse, Inc. hereinbefore re- ferred to is held by the plaintiff as collateral to the indebtedness due by the defendants, T, Ross Alexander, Inc, and T. Ross Alexander and H. L. Gilbert. The defendants will pey the costs cf this action to be taxed by the Clerk of this Court, Entered at Chambers at Shelby in seid Western District of North Carolina this 4th day of December, 1931, E. Y. Webb U. S. District Judge of the Western District of N. C, Consent: Verser, Lawrence & McIntyre Solicitors for Plaintitr W. A. Bristol Buren Jurney Solicitors for Defendants T. Ross Alexander, Inc., énd T. Ross Alexander, I, Annie Aderholdt, Deputy Clerk of the United States District Court for said District, at sedd place, do hereby certify that the foregoing is a true and perfect Transcript from the Judgment Docket of said Court, in this Office, This Transcript to be docketed upon the Judgment Docket of the Superior Court of Iredell County. IN TESTIMONY WHEREOF, I hereunto set my hand and affix the seal of said Court, at office in Statesville, N. C,, the 12th day of December, 1932, ein di Sn eeeeae nC eo ne SSS Seka ' ] ' ’ | as | 118 North Carolina, | In the Superior Court Iredell County, ] Before the Clerk, \ LH Lyons, Plaintiff j ‘ vs { JUDGMENT S D Gwaltney, Defendant | This cause coming on to be heard, and being heard before Hon, John L Milholland, Clerk of Superior Court of Iredell County, N. Ce, and it appearing to the Court that the plaintiff and defendant have settled all their differences growing out of the things and matters set forth in the complaint filed in this action, by the defendant paying the plaintiff the sum of $150.00, and the plaintiff to pay the cost, Upon motion of Turner, Moss and Winberry, Attornets for the plaintiff that this cause be non-suit- eas? Tf. Ta THEREFORE, GONSIDERED, ORDERED AND ADJUDGED that the plaintiff's cause of action be and the same is hereby non-suited, and the plaintiff is taxed with the cost, This the 18th day of December, 1931, John L Milholland, Clerk Superior Court , North Carolina, | In the Superior Court Iredell County, | Before the Clerk, John Billings ) JUDGMENT D Penders Grocery Company, and C C Lackey, This cause coming on to be heard and being heard, before His Honor, John L Milholland, Clerk of the Superior Court ofbIredell County, and it ap- pearing to the Court that the Plaintiff and defendant have compromised and Settled all matters in controversy by the defendant paying the plaintiff the sum of $100.00 (One Hundred Dollars) and the cost of this action; and that by consent said action should be dismissed; It is, therefore, by consent, condidered, ordered and adjudged by dismissed, that the action be and the Same is here By Consent: John L Milholland, ourt Hugh G Mitchell, Clerk Superior Court. Attorney for plaintiff, Grier, Grier % Joyner Attorney for defendant. 119 Superior Court North Carolina, ones, Receiver of the $ Broiat National Bank of Statesville, N. © | vs ) JUDGMENT 5 Smiles C Burgess This cause coming on to be’heard before mecon Monday, December 28th, 1931, and it appearing to the Court that this action was instituted on Nov- ember 2lst, 19350, and complaint duly filed and it further appearing from the verified complaint that the plaintiff is seeking to recover of the defendant the sum of $999.85 with interest from April 18th, 1938, on an overdraft, and 4t further appearing from the answer filed by the defendant that the defend- ant admits the amount of the overdraft but sets up an offset of $167.90 and that the defendant tenders judgment to the plaintiff for $831.95 with inter- est from April 18th, 1928, and it further appearing that the plaintiff, through his attorney, E M Land, has agreed to allow the offset pleaded by the defendant and to accept the tender of judgment. It is therefore ordered and adjudged, upon motion of E M Land, At- torney for plaintiff, that the plaintiff recover of the defendant the sum of Hight Hundred and Thirty-one Dollars and Ninety-five cents, with interest from the 18th day of April, 1928, and all cost of this action, John L Milholland Clerk Superior Court HE RAE TE Soe TE tee stse 2% ee ee LNG Ce ee North Carolina, In the Superior Court Iredell County Before the Blerk Statesville Flour Mills Company {| vs Ij JUDGMENT Randolph Creamery Company. i This cause coming on to be heard before the undersigned Clerk of the Superfior Court on this the 28th day of December, 1931, and it ap- pearing to the Court: That the above entitled action was commenced in this Court on the 24th day of November, 1931, by filing of the verified complaint; that summons was issued to the Sheriff of Randolph County on said day and that a copy of said summons together with a copy of the verified comp1 Were served on the defendant on the 25th day of November, 1931; that 120 than thirty days have elapsed since the service of said summons and Compe. laint and that the defendant has failed to raise anm issue of fact, And it further appearing to the Court that the defendant ig in- debted to the plaintiff in the amount of $574.02 with interest from the 2nq day of March, 1931, until paid, It is, therefore, condidered and adjudged that the plaintiff re. cover of the defendant the sum of $574.02 with interest from the gnd day of March, 1931, until paid and that it be taxed with the cost, John L Milholland Clerk Superior Court, North Carolina, In the Superior Court Iredell County. Before the Clerk The Wallace Brothers Company, Plaintiff { vs JUDGMENT BY DEFAULT FINAL. J A Mullis and R w FOX, } Defendants. jf This cause coming on to be heard, and being heard, before his Hon- or, John L Milholland, Clerk of Superior Court of Iredell County, on Monday, January 4th, 1932, and it appearing to the Court that the defendants J A Mullis and R W Fox were personally served with summons in the above entitl- ed action on the 25th day of November, 1931, and that copies of the plain- tiff's duly verified complaint were duly served on said defendants at the time of the service of said Summons and complaints upon the defendants and that they have filed to file answer or demurrer; and that the complaint al- leges a cause of action for the recovery of a sum certain in money upon & promissory note; | Vi THI E HHOR NOW, THEREFORE, on motion of John W Wallace, attorney for the plaintiff, it is hereby ordered, adjudged, and decreed that the plaintiff mocover of the defendants J A Mullis and R W Fox, and of each of them, the Sum of $515.00, with interest in the Sum of $24.15, and the costs of this action to be taxed by the Clerk This the 4th day of January, 1932 e JOhn L Milholland, Clerk Superior Court North Carolina, In the Superior Court Before the Clerk, Irede11 County. pr D M Morrison f P vs { JUDGMENT OF NON-SUIT. h Wakefield and the American { Serica! Company, Defendants. tt The Plaintiff, Dr D M Morrison, having come into Coubt, through his at- it torney, Neil S Sowers, and having submitted to a voluntary judgment of Non-suit It is condidered, ordered, and adjudged that this action be, and the same is hereby, dismissed. It is further ordered that the plaintiff pay the cost hereof. This the 4th day of January, 1932. John L Milholiand, csc — ri ee North Carolina, In the Superior Court Iredell County. Seana J C Holmes Lumber Company } vs } JUDGMENT OF NON-SUIT WA Duncan } This cause coming on to be heard before the undersigned Clerk of the Superior Court and it appearing to the Court that the plaintiff and de- fendant have adjusted the matters and differences existing between themselves and that the plaintiff now desires to take a voluntary non-sulit. It is, therefore, upon motion of plaintiff's Attorneys, ordered and adjudged that the plaintiff be and it is hereby non-suited and taxed with the cost of this action. This 2nd day of January, 1932, John L Milholland Clerk Superior Court. Be ON OR ON NON ie a ad a We se eee eiete State of North Carvlina Deparhnent of Archives and Historp Raleigh CERTIFICATE OF AUTHENTICITY * This is to certify that the microphotographs appearing on this reel are true and accurate reproductions of the records listed on the target (title) sheet preceding each volume or series of records microfilmed hereon; that the records were microfilmed on the date and at the reduc~ tion ratio indicated; and that on the date of microfilming, the records were in the custody of the official or other individual listed on the target sheet(s). It is further certified that the records listed on the aforesaid target sheet(s) were microfilmed in conformity with the provisions of Sections 8-45.1 ~ 845.4, General Statutes of North Carolina; and that in order to insure archival quality and authentic reproduction of records filmed, they were microfilmed in the manner prescribed,and with equipment and film approved, by the State Department of Archives and History. —— (Signed) | U, : Camera Operator