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HomeMy WebLinkAbout1939-1940 It is therefore ordered and adjudged that the pla i intiff ants the sum of 4¢ e nterest from January 16, 1 at t { Irede1i county. » 1935 at the rate of 6% per annum until paid and the cost of this action, | January 2, 1939. i First National Bank of Mooresville, N. C. I Cc, G. Snit , -vs- JUDGMENT CSIC B J. B. Smith, Mary R. Srith and R. S. "] i Overcash ) This cause coming on to be heard before His Honor, C. G. mith, Clerk eH EHH HH HH HHH HH HH ee ee ee eo ee iit of the Superior Court of Iredell Cowmty, North Carolina, on Monday, January 2, 1939, and being heard ma it appearing that the action is on a promissory note, v i NORTH CAROLINA, In the Superior Court | i that a duly verified complaint was filed on November 21, 1938 and that a copy i ‘ IREDEIL COUNTY. Before the Clerk. fi of the complaint and copy of the summons was served on each and everyone of the i . defendants on November 26, 1938, that more than thirty days have elapsed since the H. H. Anderson, i ; Plaintiff, ) f i filing of the complaint and service of the complaint and summnns on the defendants, ' #-VS- : ONS ui { that no answer has been filed. 4 ee ee re P, M. Barger Lumber Company, ) It is therefore ordered and adjudged that the plaintiff recover of th a Corporation, ) } ‘ Defencant. ) defendants the sum of $300.00 with interest from September 6, 1933, at the rate } of 6% per annum wntil paid together with the cost of this action. = ; This cause cominc on for hearing before the Honorable Carl G. Smith, January 2, 1949. ’ Clerk of the %uperior Court of Iredell County, andit @ pearin to the Court that | C. Ge Smith a . s nn ‘2 Sebele the parties in this action have compromised ma settled the matters anc things | alleged inthe complaint, and that the plaintiff 1s entitlec to take a voluntary nonsuit; it further appearing to the Court that all costs in the action have SRHREHRHREREREHEARHEHRHRHHRH HEHEHE HERR HES eee eee been paid in full by the plaintiff, IT IS, THe REFORI ORDERED, ADJUI GED, ANI DECREED that he be, and he is, % A we A dM AN ‘ ‘a+ 9 as - . } ” : Mae J permitted to take a voluntary judgment of nonsult. North Carolina, This the 6th day of January, 1939- F In the Superior Court De Iredell County. Cc, Ge Smith . ‘* CIerk Superior court of Tredeil County. s First National Bank of Mooresville, N. C. ) , a Q i -V gae= ) Q JUDGMENT. - 4 —— . no oe & & & & tH +t t % 4 " + % eH * ts J. Bs. Smith, Mary R. Smith and 0. 0. ) PO OHE Se OEE CRE RESO TTT TT ive ) + Overcash ) ff This camse coming on to be heard before His Honor, C. G. Smith, clerk NORTH CAROLINA, In the superior Court of the Superior Court of Iredell County, North carolina, on Monday, Januery 2, IREDELL COUNTY. a 1939, and being heard and it appearing that a duly verified complaint was file ° Pred Kaufman, ) in this cause based on a promissory note on November 21, 1948, that @ copy ° Plaintiff, i the complaint and copy of the summons was served on each and everyone of the = _ defendants on November 26, 1938, that more than thirty days have elapsed since D. H. Lazenby, q on the Defendant. 0 the filing of the complaint and service of the complaint and summons defendants, that no answer has been filed. This cause coming on for hearing before the Honorable Carl G. Smith, Clerk of the °uperior Court of Iredell County, and it appearing to the Court that the parties in this action have compromised and settled the matters and things which forn the basis of the action as alleged in the complaint, and that the plaintiff is entitled to take a voluntary judgment of nonsult; it further appearing to the Court that all costs in the action have been paid in full by the plaintiff, IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED, that he be, and he 1s, permitted to take a volmtary judgment of nonsuit. This the 6th day of January, 1939. C. G. Smith Clerk Superior Court of Iredell County 3 4 3 tet & ee J NORTH CAROLINA, In the Superior Court IREDELL COUNTY. Bunch Furniture Company, Inc. ] ) VSe JUDGMENT. L. L. Lanter 0 This cause coming on to be heard, and being heard before His Honor, Cari G, Smith, Clerk of the Superior Court of Iredell County, on Monday, January 9, 1939, and it appearing to the court that this is a stated account agreed upon, and that the defendant has been properly served by summons md complaint, and that he has failed to answer or demur bo the complaint within the time required by 1a". It 1s therefore ordered, adjudged and decreed upon the motion of Land & Inc. recover Sowers, Attorneys for the plaintiff, that the Bunch Furniture Company, of the defendant the sum of $68.27 principal, and with interest on said amount from the 3rd day of July, 1936, until paid, and for the cost of this action. This the 9th day of January, 1949. C. G. Smith Clerk of the Superior Court of Iredell County. # &* % Se te tO Oe Oe a a OH Oe Oe oe ae he e ee eH e¢ eeHHReHe HHH RH HH TH No. 3303 North Carolina In the Suverior Court Tredell County Elizabeth H. Jeffers, Plaintiff )q ve { ORDZER Lilly Montgomery, Defendant 4 This cause coming on to be heerd before His Honor, C. G. Smith, Clerk of the Superior Court of Iredell County, on Betition end Motion by defendant to remove said cause from Tredell County to lLiecklenburg County and the Court being of the opinion that this is 4 case for removel as a matter of eI ight; Wow, therefore, it is ordered, sdjudged end decreed that this case be end the seme is hereby renoved to Mecflenburg County, North Cerolina, end defendant is ellowed thirty days from this dete in which to file answer, 1959. This the 13th day of Janucry, C G Snith Clerk of Superior Court Iredell County. ARR PMH RMD Ok eK OK wT Tana NO. 0VV% North Cerolina In the Suverior Court F. u. Jeffers, Pleintiff I vs j ORDER Lilly Montgomery, Defendant { . > tia Tar CG Sni Tis cause coming on to be heerd before His Hon or, C G Smith, : ie am ak and Motion be Defend- Clerk of the Suverior Court of Iredell Cowity, om + ne Bete ho tn ke County and the ant to remove said ceuse from Iredell County to vecklenburg Count) . ‘i pe moval es a metter Court being of the opinion that this is 8 proper cese for removal &s of rig Lt; st is ordered, adjudged and decreed that this Now, therefore, poe foes vy, ltorth Caroline, case be cnd the same is hereby removed to Mecklenburg County, +0or : “ » whi file answer. and defendant 1s ellowed thirty days from this dete *s =. This the 13th dey of Januerys 1959. c G Smith Clerk of Superior Court Tredell County. ek OR RR fk a RC a REE ee aap = = NN ee aaa ere NORTH CAROLINA , IN THE s UP2RI OR COURT, IREDELL COUNTY. A. M. Winecoff -vs- Judgment. Re. W. Menscer This cause coming on to be heard and being beard before the undersigned Clerk of the Superior court of Iredell County on Monday, January 23rd, 1939, ana it appearing to the Court that the parties in this action have compromised and settled the matters and things alleced in the complaint, and that the Plaintirr is entitled to take a voluntary non-suit; and it further appearing to the Court that all costs in this action have been paid in full by the plaintiff; IT IS, THEREFORE ORDER*D ADJUDGED AND DECREED, upon motion of lewis & lewis, Attorneys for the Plaintiff, that this action be, and the sane is hereby dismissed upon judgment as of non-suit,. C. G. Smith Clerk Superior Court * & & NORTH CAROLINA, IN THE SUPERIOR COURT. IREDELL COUNTY, A. A. Kyles -Vs- Judgment, ox << C. A. Kyles, et al This cause coming on to be heard and being heard before the undersigned Clerk of the Superior Court or Iredell County on Monday, January 23rd, 1939, and it appearing to the Court that the Plaintiff asks to be allowed to take a voluntary non-suit: and it appearing that the plaintiff has already paid the costs; It is therefore, upon motion of Lewis & Lewis, Attorneys for Plaintiff, Ordered that this action be, and the same is hereby nonsuited, and dismissed, and the plaintiff is taxed with the costs, C. G. Smith — Ulerk Superfor Court. ee eet FAO ORO eee erennens eee cenenn bee North Carolina } In the Superior Court, Iredell County 9 Before the Clerk, Peoples Loan and Savings Bmk, va JUDGMENT OF NON-SUIT W. A. Watts and wife This cause coming on to be heard before the undersigned Clerk and it @pearing to the Court that the plaintirr ana the defendants have settled the matters and differences between themselves; It is, therefore, on motion of plaintiff, ordered and decreed that the action be dismissed at the cost of the plaintiff, This January 23rd, 1939, CU. G. Smith Clerk Superfor Court / North Carolina, In the Superior Court, >_> “redell County. Before the Clerk, Peoples Loan and Savines Bank, vs JUDQ@MENT OF NON-SUIT Mrs. M. S, Nooe, Sarah Nooe and Others, CoCo oO oe <> <> This cause coming on to be heard before the undersicned Clerk and it ‘ppearing to the court that the plaintiff and defendants have settled the matters and differences between themselves; n that the It is, therefore, on motion of plaintiff, ordered and decreed tha Sction be dismissed at the cost of the plaintiff. This January 23rd, 1939. di all Clerk Superior Court. 36) NORTH CAROLINA, Iii the Superior VYourt, ie des en bh Ot te tidy, 1999, IREDELL COUNTY. Before the Clerk Clerk ort ee C Je Van Hanford 4 ourt. Vs. CONFESSION OF JUDGMENT W. M. Barringer ee eH HF I, W. M. Barringer, do hereby confess and authorize the Clerk of the i In the Superior Court, Superior Court of Iredell County, North Carolina, to enter judgment against fred<1ll County. Before the Clerk. me in favor of J. Van Hanford, in the sum of $379.00, with interest on $379.00 from July 18, 1935, until paid. John Goble { The confession of this judgment is for & debt now justly due and owing Vs JUDGMENT, by me to the plaintiff, and which is in the form of a note, which note has not I. E. Johnson been paid by me. This the 13 day of January, 1939 This cause coming on to be heaid before His Honor ¢. G. Smith, Clerk Superior Court, on this the 50 day of Janucry, 1 and it appearin We M. Barringer , : . . : Ys 139%, "7 " to the Court that this is an ection against the defendant brought on @ note W. M. Barringer, being duly sworn, says: That the facts stated in the with bellence due of $520.25 dollars with interest on $520.2) from Noveuver above confession of judgment are true, and that the anount of judgment confessed 8th 1938, and thet summons was issued on the 5rd day of December, 1438 and is justly due the plaintiff. served on Dec. 3rd 1938. Tuet more then 50 deys has elapsed since the _____We M. Barringer __ sercice of the summons und coxpleint, and thet tne defendent hes ‘ailed to Sworn and subscribed to before me, ansver or demur to the compleint in this cause and thet the plaintiff is this the 13 day of January, 1939. entitle: to Judgment by defeult finel against the defendant. Panl Hoover It is, therefore, ordered, considered, and gijudged that tue ~Peputy C.S.C. pleintiff recover of the defendent the sum of $320.25, (three hundred twenty and 25/100 dollers,) with interest from November 6th 1458, until peid and that the defendant be taxed with the cost of this action. Jenucry 30, 1959. NORTH CAROLINA IN THE SUPERIOR COURT IREDELL COUNTY Cc. G. Smith Glerk Superior Cours Je Ae JOSCY EEEEAE ESSE OTSF GME y) 5 noe VSe JUDGMENT FOR NON-SUIT $0t0scecenccenencessegeesseteesnssessegnennesneneseneenneem © =< SS The Queen City Coach Company omin¢ This cause coming on to be heard, and being heard, and the plaintiff c in to Court and asking that he be allowed to take a voluntary non-suit; v, Longs ° It is therefore ordered, decreed and adjudged upon motion of Zeb. 110 4s neredy a s of the Attorney for the plaintiff, J, A, Josey, that the plaintiff be and he to take a voluntary non-suit, and that the plaintiff be taxed witht he cost Action. IN THE SUPERIOR COURT JANUARY TERM, 1939 MONDAY, JANUARY 30th, 1939 a4 70 NORTH CAROLINA, IN THE SUPERIOR COURT IREDELL COUNTY. JANUARY TERM, 1939 Be it remembered that a Superior Court was begim and held in and for the County and State aforesaid at the Courthouse in Statesville, N, C. on the 30th day of January, 1939, at 10:00 o'clock A.M., when and where Hig Honor, Wm. H. Bobbitt e Ile , Judge Presiding, and holding courts of the Fifteenth Judicial District, Spring Term 1939, 1s present and presiding, and the Honorable Charles L, Coggin, Solicitor and Prosecuting Attorney of the Fifteenth Judicial District of North Carolina, is present and prosecuting in the name of the State, and John White Moore, High Sheriff of Iredell County, is present and Openec< Court by order of the Court. John White Moore, Hirch Sheriff of Iredell County, returns into open Court the names of the following good and lawful men to serve as jurors for this the January Term, 1939 of Iredell Superior court - ane for a Grand Jury to serve for a period of Six Months, ending June 540th, 1939, as follows: J. C. Houston M. T. Guffy J. F, Douglas R. C. Johnson T. W. Oliphant J. F. Brantley E. E. Nesbit J. S. Beber H. 0. Montgomery A. M. Gabriel Frank P,Hilderbran H, G. Beaver C. M. Summers L. A. Wood Ed. Welborn P. Le. Wooten H. R. Brawley T. KR. Sherrill J. E. Holland Minor A. Lentz C. T. McNeely D. N. Alexander Charlie B, Hill Je C. Gray J. A. Combs C. C. Freeze John H. Surmers Thad Holton R. W. Browning O. V. Ingle T. A. Cloaninger J. Wilson Thomas J. T. Steele G. L. Renegar C. R. Dellinger Commie Speaks The following men were duly drawn,and sworn’to serve asthe Grand Jury for the next Six Months, Mr. C, T, McNeely being appointed, and sworn in, by the Court as Poreman of the Grand Jury: T. A. Cloaninger °. T, McNeely, Foreman J. T. Steele Je A. Combs Minor A. Lentz J. E, Holland H, 0, Montgomery L. A. Wood R. C,. Johnson Comie Speaks P. L. Wooten GC. Re Dellinger A.M, Gabriel Thad Holton John H. Summers 5. B. Nesbit Charlie B. Hill Ed. Welborn H. G, Beaver resides out of Iredell County and is excused, : F, Brantley and J, S. Bebber are dead. : + Ge G - an CG. ow Seuesé, 3, ho en, J, Wilson Thomas, Frank P. Hilderbran, T. R. Sherrill aré éxcised-by the Court. Jury. Mr. H. E, White, “eputy Sheriff, sworn as Officer to the Grand y Ce 00 for drawing It 1s ordered that Master Jimmie Boyd be allowed the sum of $1 Jurors names, to serve during this urors The followt were duly sworn as talismen j 7 Johnson and W. & P E. E. Week, to-wit: fp, J. Murdock, H. S. Dingler, Ernest Hunter, is MoLelim a, i lal Sve { No. 1 State vs Henry Hines / wos. Z5&h State vs Fred (Bud) Teague / No. 5 State vs James Dorsett / Noe 22 State vs Lee Fox No. 31 State vs Donald Blevins " No. 32 State vs Lee F, Blevins ¥ No. 1 State vs Hoyt M. Lippard No. 7 State vs James Watts V No§ 52 State vs Samuel Hiatt No. 58 State vs Robert Hunt ¥ Nos. 63 and 64 State vs PF, E. Carver v No. 69 State vs Thomas William Chandler oo So = = >. oo > <> — cCcloCoOoCnC > << «<> ><> <—_ <> aS <_ => <— a IN THE SUPERIOR COURT JANUARY TERM 1939 MONDAY, JANUARY 30th, 1939, Nol Pros. T. & Pe. Le # HIT & RUN DRIVING Nol Prosed With Leave. Alias Instanter Capias, COMPLIANCE. Continued under former orders, A.W.D.W. WITH INTENT TO KILL. Alias Instmter Capias, AeW.eD.W. WITH INTENT TO KILL, Alias Instanter Capias. COMPLIANCE. Continued under former orders, COMPLIANCE, Continued under former orders, COMPLIANCE. Continued under former orders, COMPLIANCE. Continued under former orders. FORGERY and GIVING WORTHLESS CHECK. Alias Instanter Capias, GON *COMPLIANCE. 9 ) ; Alias Instanter Capias, ( NO. 73 State vs G, S, Washburn 0. 80 State vs Andy Moose Noe 92 State vs Glenn Privette NO« 95 State vs Jimmie Canpbell / No. 102 Bbate vs Mrs. Mary McDonald (No, 105 State vs Felton Dalton (Mo. 107 State vs Buck Brown “vo, 96 State vs Gilmer Sherril} ( No, 132 State vs Howard Praette ( No, 1 State”? vs Charles Thomas ( No, 132 State Vs Howar q Pruette <— oe ce ee <-> > —_ >> <> << ee =< Se nee ee >>: > i 2] > CoC oe -=-.—><—_>—- aS << e * IN THE SUPERIOR COUR : = JANUARY TERM MONDAY, JANUARY 30th? 1939. o73 NON COMPLIANCE, Called and Failed, jua Instanter Capias, — Instanter Sci Fa and COMPLIANCE, Continued under former orders, NON COMPLIANCE, Called and Fai lea, Judgment Nisi Instant si OR Instanter Capias, ’ nter Sci Fa and NON COMPLIANCE, Called and Fat led, Judgment Nisi, Instanter Sei Fa and Instanter Capias, DISTURBING RELIGIOUS WORSHIP, Continued until defendant is released from State Hospital, COMPLIANCE, Continued under former orders, NON COMPDIANCE, Called and Failed. Judgment Nisi, Instanter Sci Fa and Instanter Capias,. POSSESS UNTAXPAID LIQUOR FOR SALE. The defendant pleads Guilty. Upon the defendant's plea of Guilty, it is judgnent of the Court that the defendant pay a fine of $25.00 and the cost and that he be confined in the common jail of Iredell County on the for a period of FOUR MONTHS and be assigned to work on roads is provided by law. The road sentence to be suspended upon conditio the defendant pays the fine and cost by February 10th, 1949. ATTEMPTED RAPE. Upon mc ion of John R. Mcfaughlin, Attorney for the defendant, this case is continued until May Term, 1939. A.W.D.W. WITH INTENT TO KILL. A TRUE BILL. ATTEMPTED RAPE A TRUE BILL. Sve { No, 1 State vs Henry Hines / nos. 5&h State vs Fred (Bud) Teague / No. 5 State vs James Dorsett / No. 22 State vs Lee Fox No. 41 State vs Donald Blevins " No. 32 State vs lee F, Blevins ¥ No. 1 State vs Hoyt M. Lippard No. Li7 State vs James Watts V No§ 52 State vs Samuel Hiatt No. 58 State vs Robert Hunt ¥ Nos. 63 and 6 State vs FP, E. Carver N No. 69 State vs Thomas William Chandler 22> 2>—_: <_< — >_> —_- ">_> —- <—_ <> <— «_- >. <> <— So Fc <> << neo SS ee Se Le ee a IN THE SUPERIOR COURT JANUARY TERM 1939 MONDAY, JANUARY 30th, 1939, Nol Pros. T. & Pw. Le # HIT & RUN DRIVING Nol Prosed With Leave. Alias Instanter Capias, COMPLIANCE. Continued under former A.W.D.W. WITH INTENT TO Alias Instenter Capias, AeW.D.W. WITH INTENT TO Alias Instanter Capias. COMPLIANCE. Continued under former COMPLIANCE. Continued under former COMPLIANCE. Continued under former COMPLIANCE. Continued under former orders. KILL. KILL. orders. orders, orders, orders. FORGERY and GIVING WORTHLESS CHECK. Alias Instanter Caplas, GON *COMPLIANCE. ) ; Alias Instanter C apilas,. ( NO» 73 State vs ¢, S, Washburn (No. 80 State vs Andy Moose jf / No. 92 State vs Glenn Privette fin. 95 State vs Jimmie Can pbell ( No. 102 Ebate vs Mrs, Mary McDonald (No, 105 “tate vs Felton Dalton (No. 107 State vs Buck Brown Yio. 96 State vs Gilmer Sherrill { No, 132 State vs Howard Praette ( No, 1 State” vs Charles Thomas ( No, 132 State =< ><> <> > woe ee << nee ce i — ><> <> ic <—S ee <-> «> oOo ao > = IN THE SUPERIOR COURT JANUARY TERM 1 . MONDAY, JANUARY 30%h+ 2930, O73 NON COMPLIANCE, Called and Failed, Juda ent Instanter Capias, ste vn Instanter Sei Fa and COMPLIANCE, Continued under former orders, NON COMPLIANCE, Called and Fai lea, Judgment Nisi, Insta t oi RP Instanter Capias, . nter Sci Pa and NON COMPLIANCE. Called and Fal led, Judgment Nisi, Instanter sei Fa and Instanter Capias, DISTURBING RELIGIOUS WORSHI P, Continued until defendant is released from State Hospital, COMPLIANCE. Continued under former orders, NON COMPDIANCE, Called and Failed. Judgment Nisi, Instanter Sci Fa and Instanter Capias,. POSSESS UNTAXPAID LIQUOR FOR SALE. The defendant pleads Guilty. he Upon the defendant's plea of Guilty, it is judgment of t Court that the defendant pay a fine of $25.00 and the cost and that he be confined in the common jail of Iredell County on the for a period of FOUR MONTHS and be assigned to work on roads ae provided by law. The road sentence to be suspended upon condition the defendant pays the fine and cost by February 10th, 1939. ATTEMPTED RAPE. Upon mation of John R. Mcfaughlin, Attorney for the defendant, this case is continued wntil May Term, 1939. A.W.D.W. WITH INTENT TO KILL. A TRUE BILL. ATTEMPTED RAPE A TRUE BILL. Nos. 116, 123, 12 ) LARCENY & RECEIVING. ae i eh a ’ 3 5 ; No. 136 OPERATE A LOTTERY. vs ) A TRUE BILL. state 6 | The defendant ahow vs upon motio Oe ta var } A, F. Sams, dre ) —— = withdraw his case me ‘. rt is case is therefore retu ourt, and this ‘ieieh Bruebaker ) fir dibselitie. rned to Iredell County Recorder's Court ; | Nos. 117, 121, 127 } LARCENY & RECEIVING. ea State Vs al ( No. 135 heed ¥ WITH INTENT TO KILL. 4A TRUE BILL. State . 0 . ic Laughlin appear S > ; jake utes v8 ) Prosecution in this a” een Tee Cet ae Teh yee . Thomas Bruebaker ) Charlie Thomas Q a R Uriah Bruebaker ) onc® rough his attorney, Mr. ; , a plea of Guilty of Aesult Mth a Deadly Wespon, which ples the State afcepts. ay Teapa, Wren pres f Nos. 118, 122, 126 LARCENY & RECEIVING. It is judgment of the Court that the defendar i State ; ) the common jail of lredell County for : eevied of TWO YEARS i = — A TRUE BILL. and be assigned to work on the roads as provided by law. : w i Thomas Bruebaker 4 ( Uriah Bruebaker ) on ; i No. 103 ) EMBEZZLEMENT. State } vs 9 A TRUE BILL. : Nos. 119, 120, 12) | LARCENY & RECEIVING. R, P. Wilhelm 0 + State 4 vs } A TRUE BILL. J swift " - .. Thomas Bruebaker Q No. 140 & 131 § BREAKING, ENTERING & LARCENY Uriah Bruebaker 4 State 0 vs ) a true bill. Charlie Daniels ) Eugene Johnson ( Nos. 111, 112, 113, } ALL OF THESE CASES ARE CONSOLIDATED. 11) and 115 ) Bach defendant is charzed with the following offenses: 7 State } 1. Larceny of 2 cartons of Lard from McAuley's Gro. Store; No. 128 : rer vs 2, Larceny of 16 ladies slips from Raylass Dept. Store; Ste } ESCAPE FROM CHAINGANG. Jasses Cathey } 3. Larceny of 10 pair of pants from Belk's Dept. store; ate § The defendant pleads Guilty. Rufus Wright ) {. Larceny of one pair of shoes from Ervin-Meritt Store; va ) It is judgment of the Court that the defendant be confined in Joe Workman ) 5. Larceny of one radio from Nash Furniture Compeny,. R. P. Barrett § the common jail of Iredell County for a period of THREE MONTHS, William Carrathers 9 and be assigned to work on the roads as provided by law. This James Sinkler 4 sentence to begin at the expiration of the sentence he is IN THE SUPERIOR COURT JANUARY TERM 1939 MONDAY, JANUARY 30th, 1939. Jasses Cathey, tenders a plea of Guilty of but pleads Not Guilty of Larceny of Lard; Larceny of Pants, Larceny of Radio. The defendant, Larceny of Shoes, Larceny of slips, No. 103 Re OMAN The defendant, Rufus Wright, tenders a plea of Guilty of § EMBEZZLEMENT. Larceny of 16 ladies Mites, but pleads Not Guilty of Larceny — § The defendant, through his attorney, Mr. John A. Scott, of Lard, Larceny of pants, Larceny of Shoes and Larceny of R. P. Wilhe Im ; tenders a plea of Nolo Contendere. radio. The defendant, Joe Workman, penders a plea of Guilty of Receiving 2 cartons of Lard, knowing the same to have been Stolen, but pleads Not Guilty of larceny of the ladies a ' Lerceny of pants, Larceny of shoes, and Larceny of the Ra The defendant, William Carrathers, pleads Guilty of Larceny ‘ / MONDAY, JANUARY 30th, 1939, IN THE SUPERIOR COURT JANUARY TERM 1 939 508 now serving. t is continued until the May Term, 1939, at that time, to they may be prepared Prayer for judgmen with right to the Defendant @nd State} offer such litigating circumstances 45S to give. of the Pants, but pleads Not Guilty of larceny of the 7. Z BREAK & ENTER BOX CAR. Saneeny of the slips; Larceny of the shoes and Larceny oe } Upon motion of the Solicitor, this case is restored to Trial Booker T. Newland § Docket. The defendant, James Sinkler, pleads Not Guilty to all the charges (Nos. 1, 2, 43, 4h, and 5.) f . The following jury: T. W. Oliphant, R. W. Browning, M. Te 3. C. C, Preese, 0. V. Ingler, G. L. Renegar, Je Fe Doug}es, &° Be Murdock, H. S. Dingler, Ernest Hunter, E. E. Johnson ict gay McLelland, being duly sworn, andwer, and for their ver : they find the defendants, and each of them, GUILTY OF + stores OF TEN PAIR ®F PANTS, the property of Belk's Departmen of the approximate value of $25.00. Open for judgment, be It is ordered that all of the property, herein men tioned, returned to their respective owners. / Nos. 116, 123, 125 State vs Ji Swift, Thomas Bruebaker Uriah Bruebaker Nos. 117, State vs Jj Swift, Thomas Bruebaker Uriah Bruebaker 121, 127 Nos. 118, 122, 126 State vs J Swift Thomas Bruebaker Uriah Bruebaker Nos. 119, 120, 12) State vs Gadow Swift homas Bruebaker Uriah Bruebaker This Honorable Court takes recess until Tuesday Morning, January at 9:30 o'clock, A.M. Se —-2<SoOo eo OS SO > SO oS te SS ee IN THE SUPERIOR COURT JANUARY TERM 1939 MONDAY, JANUARY 30th, 1939. BARCENY AND RECEIVANG. The defendant, J Swift, pleads Not Guilty. The defendants, Thomas Bruebaker and Uriah Bruebaker their Attorney, Mr, Jule , McMichael, pleads Not Gulity BREAKING & ENTERING and LARCENY & RECEIVING. The defendant, 7 Swift, pleads Not Guilty. The defendants, Thomas Bruebaker and Uriah Bruebaker, their attorney, Mr. Jule through McMichael, pleads Not Guilty, BREAKING & ENTERING and LARCENY & RECEIVING. +he defendant, J Swift, pleads Not Guilty. The defendants, Thomas Bruebaker and Uriah Bruebaker, through their attorney, Mr. Jule McMichael, pleads Not Guilty, — LARCENY & RECEIVING. The defendant, J Swift, pleads Not Guilty. Tho The defendants, mas Bruebaker and Uriah Bruebaker, through their attorney, Mr. Jule McMichael, pleads Not Guilty, At the consent of the defendant, John Swift, and Mr. Jule McMichael, Attorney for Thomas Bruebaker and Uriah Bruebarer, all of the ® ove cases (Nos. 116, 123, 125; 117, 121; 127; 118, 122, 126; 119, 120, 12h) are consolidated for trial, and upon the defendants, and each of them, pleading Not Guilty in each case, the following jury is duly sworn and empanelled, to-wit: R. W. Browming, C. C. Freeze, 0. V. Ingler, J. F. Douglas, H. S. Dingler, Ernest Hunter, E. E. Johnson, W. A. ao W. M. Pressly, R. B. Parker, R. L. Bell and Herman Pharr. Court takes recess until Tuesday Morning, 1939, at 9:30 o'clock. Pending trial, Jamary 31st, Zist, 193% IN THE SUFERIOR CouRT ANUARY TERM 19 TURSDAY, JANUARY 3126> 4939 a This Honorable Gourt convenes according to adjournment on Tuesday Morning ; 469 jnuary 31st, 1939, at 9:30 o'clock A.M.. / NOS 138, 139 & 140 State vs lester Coy Robertson Zz 138, 139 & 140 State v8 lester Coy Robertson v Wo, 111 State vs Jasses Cathey V \ No, 112 State vs Rufus Wright v No. 113° State vs Joe Workman / NO. 11) State vs William Carrathers 4 fo, 115 State vs James Sinkler 4 No. 130 State” vs Charlie Daniels ; f 4 4 ( ) ' : oS So ee oS: —S>— =< << 2: Se <> OBTAIN GOODS UNDER FALSE PRETENSE. (3 Counts, Consolidated) A TRUE BILL. OBTAIN GOODS UNDER FALSE PRETENSE. (3 Counts, Consolidated) The defendant pleacs Guilty. It is judgment of the court that the defendant be confined in the common jail of Iredell County for a period of SIX MONTHS and be assigned to work on the roads as provided by law. ON COUNT OF LAKCENY OF 10 PAIR OF PANTS - It is judgement of the Yourt that the defendant be confined in States Prison at Raleigh, N. C,. for a period of TWO YEARS. ON COUNT OF LARCENY OF ONE PR. OF SHOES- Prayer for judgment is continued. ON COUNT OF LARCENY OF 10 PAIR OF PANTS - It is Judgment of the Court that the defendant be confined in States Prison at Raleigh, N. C. for a period of TWO YEARS. ON COUNT OF LARCENY OF 16 LADIES SLIPS - Prayer for Judgment is continued. It is judgment of ‘NY OF 10 PAIR OF PANTS - ON COUNT OF LARCENY OF 10 in States Prison at the Court that the defendant be confined Raleigh, N.C. for a period of TWO YEARS. ON COUNT OF RECEIVING LARD KNOWING SAME T Prayer for judgment is continued. 0 HAVE BEEN STOLEN - ? dgment of RNY OF 10 PAIR OF PANTS - It is judg oS ee ee fendant be confined in States Prison at the Court that the de Raleigh, N. C. for & period of TY YEARS. g + It is judgment of LARCENY OF 10 PAIR OF PANT . tae tat the defendant be confined in States Prison at Raleigh, N. C. for & period of TWO YEARS. G. Mitchell, tenders BREAKING ENTERING & LARCENY. ; Value of $20.00 Hugh fendant, through nis attorney, x bien of guilty of Larceny of ee of the or less, which plea the State accepts. e defendant be confined in Ss It is judgment for a period of Two YEAR aa ante a . a ag ig as provided ea an e ass en ion, for this senteunaer the herth Garolina Probation Crfant pays the upon con ourt a period of Two eee this term of Iredell Superior C . IN THE SUPERIOR COURT JANUARY TERM 1939 TUESDAY, JANUARY 31st, 1939 o79 IN THE SUPERIOR COURT JANUARY TERM 1939 TUESDAY, JANUARY 31st, 1939 f No. 131 ) BREAKING, ENTERING & LARCENY. BREAKING, ENTERING a State ) The defendmt, through his attorney, Hugh G. Mitchell, teng Nor 122 The jury, sais sdibies pores vs ) a plea of Guilty of Larceny of Property of the Value of 620.00 state 4 endfor its verdict, says if on eee in this case, answers, i Eugene Johnson ) or less, which plea the State accepts. = Tiss prucbeker 0 GUILTY OF BREAKING, ENTERING : op Pd is Bruebaker, as nore rged in the Bill or ff It is judgment 6f — Court that the defendant be confined in Indictment.in this case. the common jail of Iredell County for a period of TWO YE S , Mt mee sine ts ty dee oe Oe Pe On ee O YEARS, mie ouse is consolidated with Cases Nos, 121, 120 and 123 for i this sentence is suspended, and the defendant is placed on - , if probation under the North Carolina Probation Commission ne - \ a period of Two Years, upon Senetben Sis Setextans rig if Open for judgment until Wednesday, February lst, 1939. i fost of this case at this term of Iredell Superbor Court. i t i 4 S No, 120 So . errs are SOT oo tofore sworn and empanelled in th iH) No. 117 ) BREAKING, ENTERING & LARCENY. State i oi panelled in this case, answers, State ) The jury, heretofore sworn and empanelled in this case, (See ed Bruebaker er tise — cE ge — defendant, Thomas Bruebaker, | vs 4 entry on page 576) answers, and for their verdict say they find —_— case : ne a ee eee eee we een eee i Jom Swift } the defendant, Johm Swift, GUILTY OF BREAKING & ENTERING AND 7 I RCR i LARCENY as charged in the Bill of Indictment in this case, This case is consolidated with Cases Nos. 121, 122, and 123 for : This case is consolidated with Cases Nos. 116, 118 and19 for ——— judgment. V/ Open for Judgment until Wednesday, February list, 1939. Open for judgment until Wednesday, February lst, 1949. No, 124 ) LARCENY. | ‘ No. 118 ) BREAKING, ENTERING & LARCENY state ) The jury, heretofore sworn and er panelled in this case, answers, and ie aeeey a) ee eee . for its verdict, says it finds the defendant, Thomas Bruebaker State { The jury, heretofore sworn and empanelled in this case, answers es : PCRYY. < > tah ate : a | i. cask geen LA eenae gg a rt Senn’ Oeket, aire Thomas Bruebaker § GUIDTY OF IARCENY, as charged in the Bill of Indictment in this Jom swift ) OF BREAKING, ENTERING and LARCENY as charged in the Bill of — Indictment in this case. This case is consolidated with cases Nos. 121, 122 and 120 for This case is consolidated with Cases Nos. 117, 116, and 119 for Judgment . judguens J Open for judgment until Wednesday, February lst, 1949. Open for jucgment until Wednesday, February lst, 1939. d No. 126 ( BREAKING, ENTERING & LARCENY. reer RCENY State Th heretofore sworn and empanelled tris case, answers, aes 116 ) LARCENY vs — son, Pepper pe says it finds the defendant, Uriah Bruebaker State § The jury, heretofore sworn and empanelled in this case, answers, sig awe waeERATn & LARCRKY harged in the Bill of ; Uriah Bruebaker 9 GUILTY OF BREAKING, ENTERING & LARCENY, as chargec ‘ns B vs § and for its verdict, says it finds the defendant, John Swift, Siinteamh tn <i + aes John Swift ) GUILTY OF LARCENY, as charged in the Bill of Indictment in this ndictment in this case. — This case is consolidated with cases 127, 12), and 125 for judgment. This case 1s consolidated with Cases 117, 110,and 1i9 for judgan’. Open for judgment until Yednesday, February lst, 1949. Open for judement until Wednesday, February Ist, 1939.6 ¢ ; i No. 127 § BREAKING, ENTERING & LARCENY ; No. 12 2 State ) The jury, heretofore sworn and empanelled in this O009 » rae o. 119 ) LARCENY, vs | and for its verdict, says it finds the defendant, Uriah Brue , State The jury, heretofore sworn and empanelled in this case, neste’, Uriah Bruebaker GUILTY OF BREAKING ’ ONTERING & LARCENY, as charged in the Bill of vs ana for its verdict, says it finds the defendant, John Swilt, : age eee John Swift § GUILTY OF & RCENY, as cher ged in the Bill of Indictment in this Indictment in this case. i — This case is consolidated with Cases 126, 12) and 125 for jucgment. This case i ¢ C los. 18, and 116 for . eal r lst, 19396 jaan s consolidated with Cases Nos. 117, 11%, Open for judgment until Wednesday, February iSt, y Open for judgment until Wednesday Morninc, February lst, 1939+ , No 12) 4 a. ) LARCENY h answers 8 ° led in this case, , — ) The jury, nero heteee swORn, 400, oor Otte defendant, Uriah Bruebaker, a No. 121 ) BREAKING, ENTERING & LARCENY. Uriah B ) and for its verdict, save os in the Bill of Indictment 4n this casei State ) The jury, heretofore sworn and empanelled in this case, ne ruebaker § GUILTY OF IARCENY, as cnerg ‘ ay ha ) page 576 of this Minute docket) answers, and for its vereit tou, This case 1s consolidated with Cases 126, 127 and 12 for J . Thomas Bruebaker ete 5 enti ee proane Drageetar OT nae in thls sc | ; sissies tie, ile case. us — ( Open for judgment until VWednesdey, for This case is consolidated with Cases Nos. 122, 123, and 120 No, 12 * o pwers, udgme nt. 8 ? ) LARCENY. anelled in this case, ap oe ; ; The jury, eet, sworn pings the defendants Uriah “a. ' r otme Open for judement until Wednesday, February lst, 1939+ Urieh Bruebaker p and TY OF LARCENY, os charged in the Bill of In Caseée 126 and 124 for judgment. This case is consolidated with Cases 127, Open for judgment until Wednesday, pebruary 18tj” 1939+ IN THE SUPERIOR COURT JANUARY TERM 1939 TUESDAY, JANUARY 31st, 1939. REPORT OF GRAND JURY JANUARY TERM, 1939 We, the Grand Jury of Iredell County, North Carolina, for term of January Superior Court, have duly passed on all bills brought before us and submit the following report: le visited the Vounty Home and found forty-nine inmates; white men - 17; women - 18; colored men - 8; colored women - 6. 6 hogs; 22 shoats; 3 brood SOws; 6 miles; two male cows; 5 heifers; 15 milk cows; 500 bu. of corns; 150 bm. wheat; 1000 cans of fruit all raised and canned on place; 300 bu. sweet potatoes; 25 bu. Irish potatoes; 10,977 lb. flour, 1,149 1b. bran; 4O chickens; 7,000 lb. of meat; plenty of roughage to feed the stock; about 2h acres sown in wheat. We found the buildings all beins re-pvainted and when finished they will be in fine shape. We visited the North Carolina State Convict Camp, Iredell County. We found ninety-six prisoners, all white. ile found 20 hogs; 1 mile; 1800 lb, of meat; 1200 gal. of tomatoes; 00 gal. of apples; 500 gal. of beans; 550 gal. of peaches; 300 bu. of sweet potatoes. The quarters were cleaned and seemed to be well kept. We Pisited the 4+redell County Jail and found nine white men prisoners; ten colored men; two colored women; two white men, Federal prisoners. The prisoners report satisfactory food. The entire Jail has been re-painted inside and the wall cleaned outside. Everything cleaned and well kept. IREDELL COUNTY COURT HOUSE - offices. We visited the County Offices and found quite a list of delinquent guardians in Clerk of Court's office which list we submit with report. The Register of Deeds reports short on vault space. All the offices were clean and records well kept. We congratulate the County Cormissioners upon having the Court House and Jail painted inside and walls cleaned outside making a fine appearance. C. T. McNeely Foreman Grand Jury. requiring all Te Court directs the Clerk of this Court to issue citations, ‘tread by law, delinquent Guardians to appear immediately and file their reports as req’ - daw and upon the failure of such Guardian to file such accounting, as provided oy yay their delinquency will be called to the attention of the Grand Jury acain at P Term, 1949 . 1939) This Honorable Court takes recess until Wednesday Mornin, February 1st, HEH. Anti _— PRESIDING. at 9:30 o'clock A.Mee IN THE SUPERIOR CouR? JANUARY TERM 1939 This Honorable Court convenes according to adjournment on Wediiead sday, pebruary lst, 1939, at 9:30 o'clock A.M.. V Yo. 107 § NON-COMPLIANCE. mate i Defendant brought int v8 roug nto Court on C ' puck Brown ) continued until May Term, 1939, spies and this Wetter ts ( Noe 107 ) SCI FA. = Sci Fa Bond 1 ct v3 Cc on Bon s dismissed upon payment of th ak ieoen, citn. 4 e costs incurred, and St. Charles Rutledge and ) luvinia Wilson ) i No. 129 § LARCENY & RECEIVING OF AN AUTOMOBILE, State ( The de‘endant, through his attorney, Jom G. Lewis, pleads Not vs ? Guilty. James Herman Lowe @ The following jury: Rk. \. Browning, C. C. Freeze, 0. V. Ingle, J. F. Douglas, Ernest Hunter, W. A. Brown, R. B. Parker, R. Le Bell, Herman :harr, W. Bliphant, M. T. Guffy and G. L. Renegar, being duly sworn and empanelled, answer, and for their verdict, say they find the defendant, James Herman Lowe GUILTY OF RECEIVING STOLEN PROPERTY KNOWING THE SAME TO HAVE BEEN STOLEN, It is judgment of the Court that the defendant be confined in the States Prison, at Raleigh, North Carolina, for a period of TWO YEARS, v No, 137 § BREAKING & ENTERING BOX CAR, AND IARCENY. “tate ) The defendant pleads Guilty. vs ) James Coleman ( It is judgment of the Court that the defendant be confined in the State's Prison, at Raleigh, l. Ce, c No. 137 § BREAKING & ENBERING BOX CAR, AND LARCENY. State p = Q Nol Prosed With Leave. Booker T. Newland ( A ee 33h | OPEN BARBER SHOP ON SUNDAY IN VIOLATION OF CITY ORDINANCE OF THE ate ; . a - CITY OF STATESVILIE, N. C- P "ne The defendant, throuch his attorneys, John R. MeLaughlin and John » L. Cline 0 G. Lewis, pleads Not Guilty. The following jury: R. W. Broming, © C. Freeze, Oe 7. Zp6its J. F, Douglas, Ernest Hunter, We A- Brown, Ne De ry Renege®, Bell, Herman Pharr, T. W. Ojighant, Me T. Gutiy Sm" Ne were duly sworn and empanelled. Pending the trial of this case the defendant, throng) gues at the close of the State's evidence, ls maiamissed. of Non-suit. Motion allowed and prosecution f - 7 , ite } BREAKING, ENTERING & oer - (Two Counts) » Lig LARCENY - (Two Counts " All these aie are eqnsols deses oes judgmaant be consi” in nt of the Cour TWO YEARS. John Swift 4 stubee Peteta at Raleigh, N. Cc. for @ period of WEDNESDAY, FEBRUARY ist, 1939 08 for a period of TWO YEARS. OLE ES LT RE TEE | | | 582 IN THE SUPERIOR COURT JANUARY TERM 1939 WEDNESDAY, FEBRUARY 1, 1939 Nos. 126, 127 ) BREAKING, ENTERING & LARCENY - (Two C bbb ) 12), 125 } LARCENY - (Two Counhks) State ) All these cases are consolidated for judgment, vs 4 Uriah Bruebaker ) It is judgment of the Court that the defendant be confined in ¢ States Prison at Raleigh, Ne Cc. for a period of Two YEARS, he d Nos. 121, 122, { BREAKING, ENTERING & LARCENY - (Two CopaAtd) 120, 123 ) LARCENY - (Two C State ~ ) All these cases are consolidated for judgment, vs ) Thomas Bruebaker | It is judgment of the Court that the defendant be confined in the common jail of Iredell County for a period of ONE YEAR and be assigned to work on the roads as provided by law, l No. 1343 ) ABANDONMENT & NON-SUPPORT State ) The defendant, throuch his attorney, Mr. John R, McLaughlin, plead vs ) Not Guilty. , Hubert Sherrill 0 Mr. A. B. Raymer appears with the State as Private Prosecution in this case, The following jury: R. WwW. Browning, C. C. Freeze, 0, V, Ingle, J. F. Douglas, Ernest Hunter, W. A. Brown, R,. B. Parker, R, I | . “8 Bell, Herman Pharr, T. ¥. Oliphant, M. T. Guffy, and G, L, Renegar being duly sworn and empanelled, answer, and for their verdict, sa they find the defendant, Hubert Sherfill, GUILTY OF ABANDONMENT Ay a NON SUPPORT OF HIS CHILD, as charged in the Bill of Indictment, Prayer for judgment is continued until the May Term, 1939 Af This Honorable Court takes recess until Thursday Morning, February 2nd, Ah ~4f JUD 1939 at 9:30 o'clock A.M. ee G% PRESIDING IN THE SUPERIOR CouRT JANUARY TERM 1939 Ses THURSDAY, FEBRUARY 3na, 1939 This Honorable Court convenes according to a djournment on Thursda i. . y Mom &> february 2nd, 1939 at 9:30 o'clock, ( fo. 1645 ) THE FOLLOWING JURY: R. W, Browning, ¢, C . Evelyn Sumrow (J. F. Douglas, srnest Hunter, w, Roms, Br Br beter res "3 : a? or a ts Us Vliphant, M, 7, Guffy and G L - Harold Gray Sumrow enegar, being Y sworn and em . i ae submitted to them as follows; nPaneited, anewer the ‘seme NORTH CAROLINA, IN THE SUPERIOR COURT, IREDELL COUNTY. Evelyn Sumrow i "ve. Issues Harold Gray Sumrow 9 l. Were the Plaintiff and defendant married as alleced in the complaint? ANSWER : Yes. 2. Has the plaintiff been a resident of the “tate of North Carolina for one year next preceding the filin-e of this complaint? ANSWER 3 Yes. 3. Have the Plaintiff and defendant lived separate and apart from each other for two years continuously next precedine the filine of this complatint? ANSWER: Yes. NORTH CAROLINA, IN THE SUPERIOR COURT, TREDELL County, / BVE LYN SUMR OW January CIVIL TERM. JUDGMENT ——— ee ee vs 9 { HAROLD Gray SUMROW § d This cause coming on to be heard and being heard before the undersigne 8: Uudge ang & Jury, which, for its verdict, having answered the issues as follow laint? 1. Were plaintiff and defendant married as alleged in the comp Swer; Yes, ' arolina for one - Has the plaintiff been a resident of the State of North C year next preceding the filing of this complaint? Answer: Yes, ; and apart from each rs Have the plaintiff and defendant lived separate and spare toil! to ot her for WO years continuously next preceding the filing ° Swer; Yes. IN THE SUPERIOR COURT JANUARY TERM 1939 THURSDAY, FEBRUARY end, 1949 IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court that the bonds of matrimony heretofore existing between pld ntiff and defendant be, and the same are hereby dissolved and that thtby be forever freed, separated and divorced from each othere Let this decree igsue upon payment of costs and that the plaintiff be taxea therewith. Dated this 2nd day of Fetruary, 1939. Wm, H. Bobbitt Judge fresiding, + & % % Noe 16h) ) THE FOLLOWING JURY: R. W. Browning, C. Ce. Freese, 0. V. Ingle, John Frank Spry, Jr.) J. F. Douglas, Ernest Hunter, W. A. Brown, R. B. Parker, R. L. VS. ) Bell, Herman Pharr, T. W. Oliphant, M, T. Guffy, and G. L. Ruby Spry ) Renegar, being duly sworn and empanelled, answer,the issues submitted to it as follows: NORTH CAROLINA, IN THE SUPERIOR COURT IREDELL COUNTY. JOHN FRANK SPRY, JR. vs. } ISSUES ) RUBY SPRY ) 1. Were the plaintiff and defendant married as alleged in the complaint? ANSWER: Yes. 2. Has the plaintiff been a resident of the ‘tate of North Carolina for one year next preceding the filing of this complaint? ANSWER : Yes. %. Have the plaintiff and defendant lived separate and apart from each other for two years continuously next preceding the fiiing of this complaint? ANSWER ; Yes. NORTH CAROLINA, IN THE SUPERIOR COURT. IREDELL COUNTY. JANUARY CIVIL TERM. JOHN FRANK SPRY, JR. JUDGMENT. ——_——— VS. oS RUBY SPRY IN THE SUPERIOR couRT JANUARY TERM 1939 o8 THURSDAY, FEBRUARY 2nd, 1939 . This cause coming on to be heard and being heard before the undersigned ene Judge and 4 Jury, which, for its verdict, having answered the issues as follow : s: 1, Were plaintiff and defend ant marri Answer? Yes. ried as alle ged in the complaint? 2, Has the plaintiff been a resident of the St one year next preceding the filing of this complaint? Answer: Yes. ate of North Carolina for 3, Have the plaintiff and defendant lived separa i other =<. 2. next preceding the iiing oF mit ce TT IS THEREFORE, ORDERED, ADJUDGED AND DECRERD ny the Court that the bonds of matrimony heretofore existinc between plaintiff and defendant, be, and the same are hereby dissolved and that they be forever freed, separated and Givorced from each other. Let this decree issue upon payment of costs and that plaintiff be taxed therewith. Dated this 2nd day of February, 1939. Wm. H. Bobbitt » - AT ia sw SPOOR HEE HRHHRHE RHEE EEE T V lio. 1667 § THE FOLLOWING JURY: R. % Browning, ©. Ce Freeze, O. Vs Marion James Isenhour § Ingle, J. F. Douglas, Ernest Hunter, W. A. Brown, Re B. VOe ) Parker, R. Le Bell, Herman Pharr, T. W. Oliphant, M. 7. Cordis: Isenhour | Guffy and G. L. Renegar, being duly sworn and empanelled, answer the issues submitted to 4t as follows: WORTH CAROLINA, IN THE SUPERIOR COURT, TREDELL COUNTY. JANUARY CIVIL TERM 1939 MARI OW JAMES ISENHOUR Vs, —- oOo mS eo H ~ ‘fa CS te ~ CORDIA ISENHOUR t? 1. Were Plaintiff and defendant married as alleged in the complain ANSWER : Yes. lina for 2, Has the plaintiff been a resident of the State of North Caro? Me Year next preceding the filing of this complaint? ANSWER: Yes, t from each d+ Have the plaintiff and defendant lived separate and spar ot laint? her fop two years continuously next preceding the filing of this comp ANSWER: Yes, -O- #“O- -0* wh PB, ed 4 ' ' ; , ‘ IN THE SUPERIOR COURT 586 | JANUARY TERM 1939 f THURSDAY, FEBRUARY 2nd, 1939 NORTH CAROLINA, IN THE SUPERIOR COURT, IREDELL COUNTY. JANUARY CIVIL TERM, 1939 MARION JAMES ISENHOUR, VS. ) JUDGMENT. ) ) CORDIA ISENHOUR This cause coming on to be heard and being heard before the undersigned Judge and a Jury, which, for its verdict, havine answered the issues as follows: 1. Were plaintiff and defendant married as alleged in the complaint? AAswer: Yes. 2. Has the plaintiff been a resident of the State of North Carolina for one year next preceding the filing of this complaint? Answer: Yes. 3 Have the plaintiff and defendant lived separate and apart from each other for two years continuously next preceding the filing of this complaint? Answer: Yes. IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED by the Court that the bonds of matrimony heretofore existing between plaintiff anda defendant, be, and the sane are hereby dissolved and that they be forever freed, separated and divorced from each other, Let this decree issue upon payment of costs and that plaintiff be taxed therewith, Dated this 2nd day of February, 1939. Wm. H. Bobbitt JUDGE PRESIDING. THE FOLLOWING JURY: R. W. Browning, C. C. “reeze, o> Ingle, J. F. Douglas, Ernest Hunter, Vv. A. Brown, un Parker, R. L. Bell, Herman ‘harr, T. W. Oliphant, ca, Guffy and 4G. L. ‘enegar, being duly sworn and empa answer the issues submitted to it as follows: No. 1656 Vera Lee Painter Miller y v oS — s Harry A. Miller North Carolina, In the Superior Court, Iredell County. Jan, Term, 1939. Vera Lee Painter Miller VSe ISSUES oo Ss Harry A. Miller w man 1. Did the plaintiff and the defendant intermarry, and are they no and wife, as alleged in the complaint? Answer: Yes. IN THE SUB: RIOR CouRT TERI 19 THURSDAY, FEBRUARY aa 1939, 587 Separate and apart continuously z the commencement of this action, as alleced in the complaint? Answer: Yes, 4- Has the plaintiff been & bonafide resident of the for more than two years immediately prior to the commencement State of North Carolina of this action? Answer: Yes, 4. Was the weparation without fault og the plaintirr? Answer: Yes, -O-=- -O-— -O=8 -O- Tei Carolina, In the Superior Court, Iredell County, January Ter, 1939 Vera lee Painter Miller ) { Vs } JUDGMENT? Harry A. Miller 0 This cause coming on to be heard and being heard at this term of the Superior vourt of Iredell County, North Carolina, before His Honor, vin. H. Bob itt, Judge Presiding, and a jury, and the jury havine answered the issues submitted to it by the Court in favor of the plaintiff and against the lefendant, as set out in the records: It is, therefore, ordered and adjudged by the Yourt that the bonds of matrimony heretofore existing between the plaintiff and the defendant, be, and the same are hereby dissolved, and the plaintiff is cranted an absolute divorce from the defendant, Wm. H. Bobbitt JUDGE PRESIDING. NORTH CAROL NA oo In the Superior Court. IREDELL COUNTY. E. N, Moore, J, S. Alexander, and Je L. Blackwelder, on behalf of THEMSELVES and others | j 9 4 vs JUDGMENT Board of Education of Iredell County IN THE SUPERIOR COURT JANUARY TERM 1949 THURSDAY, FEBRUARY 2nd, 1939 This cause coming on to be heard at the January Term, 1939, Superior Court of Iredell County, before His Honor, Vim. H. Bobbitt, Judge Presiding, ana being hearg upon the certificate of the Supreme Court filed herein affirming the judgment ang order of His Honor J. Will Pless, Jr., Judge, heretofore rendered in this cause; It is now therefore ordered that judgment be and the same is hereby rendereq in accordance with the certificate of the Supreme Court filed, and this cause is hereby remanded to the Clerk of the Superior Court of Iredell County to the eng that proceedings be taken according to said certificate and as may be required by law. This the 2nd day of February, 1939. Wn. H. Bobbitt JUDGE PRESIDING. % %& @ HH tH H HH Se tt Ot ee oe Settee eee He ee %&e & é NORTH CAROLINA, IN THE SUPERIOR COURT. IREDELL COUNTY. H. S. Morrow, Admr. of Estate of R. C. Morrow JUDGMENT -VSe State Highway & Public Works Commission Employer, Self Insurer SS me > <> This cause coming on to be heard at this the January Term, 1939, of Iredell Superior Court, before His Honor, tim. H, Bobbitt, Judge Presiding, and being heard upon the cert'ficate of the Supreme Court filed herein affirming the judgment and order of His Honor Wilson Warlick, Judge, heretofore rendered in this cause: It 1s now, therefore, ordered that judgment be and the same is hereby rendered in accordance with the certificate of the Supreme Court filed, and this cause is hereby remanded to the Clerk of the Superior Court of Iredell County to the end that proceedings be taken according to said certificate and as may be required by law. This the 2nd day of February, 1939. Wm. H. Bobbitt oe ee : ## # Tee eee eee eene ann x tee ecee eee ee eee ee ® IN THE SUPERI JANUARY TERM 19 OURT 589 9 THURSDAY, FEBRUARY 2nd, 1939 North Carolina, {| In the Superior Court, Iredell County. January Term, 1939 A. W. Hair | VS. i JUDGMENT C. C. Smoot ) This cause coming on to be heard, and being heard before His Honor, William H. Bobbitt, Judge Presiding, and it @ pearing to the Court that the plaintirr desires to take a voluntary non-suit in this cause of action, and that the defendant desires to take a voluntary non-suit in his cross-action or cowter claim: Now therefore, it is ordered and adjudged by the Court on motion of counsel for plaintiff and counsel for the defendant, that the Plaintiff and the defendant's causes of action, be, and the same are hereby non-suited and dismissed, the plaintirr being taxed for the cost of the action, im. H. Bobbitt @udge Presiding THE FOLLOWING JURY: R. W. Browning, C. C. Freeze, O. V. Ingle, J. F, Dourjas, Ernest Hunter, W. A. Brown, RK. B. Parker, R. L, Bell, T. J. Murdock, T, W. Oliphant, M. T. Guffy and G, L. Renegar, being duly sworn and empanelled, answer the issue submitted to it as follows: No. 1452 Rebecca C, Chambers, Admx, of John R, Tucker, deceased vs. Debora Tucker Byers, et al SS ee ee North Caroling In the Superior Court, Iredell County. Rebecca Ce Cham rs, Administratrix of the Estate of John R.. Tucker VS. ISSUE ) f } f ) ' ) Deborah Tucker Byers, Et Al, Is the defendant, Lucy Bowers Knight, the sole owner of the lands described in the complaint, subject to the legal debts and costs of administration of the ®state of John R. Tucker? Answer: Yes. +eeueeneeuen & Tee HH HHH HEHEHE HH EH HY i - 590 IN THE SUPERIOR COURT , JANUARY TERM 1939 THURSDAY, FEBRUARY 2nd, 1939 ( North Carolina, In the Superior Court ) Iredell County. January Term, 1939 f ison Jom ne Morrison, Sr., C; Rs Morr > and Ray Morrison by his next friend, Je Re. Morrison, Jr., Vs ORDER Stacy D. Arrowood, Trading as Arrowood Farms Se Se ee This cause coming on to be heard and being heard at this Term of the Superior Court before His Honor, William H. Bobbitt, Judge Presiding, on motion of Counsel for the plaintiffs, the death of the defendant, Stacy D., Arrowood, havine been suggested, and it appearing to the Court that Commercial National Bank of Charlotte, N. C. has been qualified as Administrator, c.t.a. of the Estate of Stacy D. Arrowood. It is ordered, adjudged and decreed by the court that said Administrator, Cot.&., to-wit: the Commeréial National Bank of Charlotte, North Carolina, be made a party defendant to this action. It is further ordered that surmons shall issue for the above named party as a defendant, &nd that said summons shall be served on it, together with a copy of the complaint as provided by law. It is further ordered ttt the plaintiff shall be allowed ten days from the adjournment of this Court to have said summons issued for the Administrator, Cet.a., and served on it as provided by law. Wm. H. Bobbitt Judge fFresiding. eee e ee ee HERE Nogth Carolina, ) In the Superior Court, ) Iredell County. January Term, 1939. In the Matter of the Administration #152 of the Estate of C. A. Dulin, Deceased 0 ORDER nis date bY This matter coming on to be heard before the undersigned on t der evisees m consent of W. KR. Dalton, Hudson and Hudson, attorneys for certain 4 s for P. Pe the will of C. A. Dulin, and by Messrs. Scott and Collier, attorney of .P, Dulin, guardian at the Dulin, Executor of C. A. Dulin, and also attorneys for P. iled William Dulin and Lucille Dulin, and being heard upon the motion f IN THE SUPERIOR COURT 591 « November Térm, 1938, of this Court, and the order issue therein on Nov, 17, 1938, by Judge Frank M. 4rmstrong, and also upon new motion filed by W. R. Dalton and Hudson and Hudson, attorneys, which was duly served on Jan. 18, 1939 4 ’ by the Sherirr of Iredell County upon Robert A, Collier, attorney for p, P. Dulin, =xecutor, requesting the Court to require Pp, P, Dulin, Executor, to disburse and turn over to the devisees of C. A. Dulin's estate certain assets and funds of said estate, as set forth in said motions; The Court, after a full and careful consideration of the matter and argument of Counsel, denies the motion of the movants in requiring said Executor to turn over and make distribution immediately to the devisees named in the will of C. A. Dulin p oe . . 4 ,’ but the Court hereby orders, adjudges ana decrees that P, P, Dulin, Executor of C. A. Dulin, within thirty days from the date of this order, do one of the three following things: (1). Resign as saia Executor in writin= within thirty days from the date of this order and file his resicnation with the Clerk of the Superior Court of Iredell County and turn over to said Clerk all of the assets, funds and properties of said Executorship estate, (2). Or, give a good surety bond or justified bond within thirty days from the date of this order for the sum of $10,000.00, as provided by law, for the faith- ful handline ana accounting and administration of the affairs of said A. Dulin, estate of C, (3). Or, turn over to the Clerk of the Superior Court of Iredell County, North Carolina, within thirty days from the date of this order, all of the assets, funds and property of said Executorship estate of Ce A. Dulin to be hela by said Clerk under the further orders of the Judge of the Superior Court of Iredell county, It is fully understood by all the parties to this action in Open Court that if the within order is not complied with oy P. P. Dulin, Executor, on or before March 15th, 1939, that all of the above matters, as well as any and all other matters connected or related thereto, are to be and may be broucht up for consideration and heard before the undersigned Judge, or whoever may be holding the March Term, 1939, of the Superior court of tredell County, for such further orders and decrees in the Premises as the Court may then feel or see fit and proper to make to protect the interests of said estate and of the devisees under said will, It is made to appear to the Court by admissions in open Court, by his Counsel, that P, P, Dulin, Executor, is sick and confined to the United States Veterans Hospital at Columbia, S. C. on account of extended illness and this action by the Court is not to be interpreted or construed as any reflection upon him Personally, This February 2nd, 1939, Wm. H. Bobbitt Judge Presiding and Wo & vourtes 15th District. ee ee ee a ee a ee ee ee ee ee 2 Pi H oe re ————— [= == it 596 / NORTH CAROLINA, In the Superior Court IREDELL COUNTY. Before the Clerk Hilliard B. Atkins, Receiver of the First National Bank of States- ville, North Carolina, Plaintiff, Vs. J. Ben Cooper, siibpvsiinvieteoiapseeisniiesbeiseeanins IG Ic 10 Ig F [te l= fos Defendant, This matter being heard by His Honor, C. G. Smith, Clerk of the Superior Court of Iredell County, upon the verified statement of J. Ben Cooper that he is justly indebted to Hilliard B, Atkins, Receiver of the First National Bank of Statesville, North Carolina, in the sum of Eighteen Thousand Two Hundred Fifty- two Dollars and Eighty-six Cents ($18,252.86), together with interest thereon from 11 January, 1939; ‘FORE, ORDERED, ADJUDGED, AND DECREED that the plaintiff, IT IS, THE) Hilliard B. Atkins, SKeceiver of the First National Bank of Statesville, North Carolina, have and recover judgment acainst J. Ben Cooper in the sum of Eighteen Thousand Two Hundred Fifty-two Dollars ana Eighty-six Cents ($18,252.86), together with interest thereon at the rate of Six Per Cent (6%) per annum from 11 January, 1939, together with costs in the amount of Three Dollars ($3.00). This the 2 day of February, 1939. C. G. Smith Clerk Sunerlor Court of Iredell County. oe eee aH In the Superior Court NORTH CAROLINA, Before the Clerk IREDELL COUNTY, C. B. Myers and Fleke Hollend, Co-sdministrators of the Estate of R. M. Myers, Vs. E. V. Weisner end wife, Etta Weisner, <_< <— => «<> = This cause being heard by the undersigned Clerk of the Superior Court of Iredell County, end it appecring to the Court thet the action was instituted by the Administretors for the establishment of a mortgage executed by the defendents payeble to R. M. Myers as a prior lien, and for ea foreclosure of the property described in the morigege; it further appearing to the Court thet these parties heve compromised and sgreed upon a settlement of the matters whieh 597 form the babis of this action, and that to Support the settlement, effidavits of J. T. Jennings, Eda. Vv. Dowell, and J. Eli Prevette, disinterested perties, setting forth the value of the property sought to be foreclosed have been Secured; that in the opinion of these disinterested Dersons, the value of the property sought. to be foreclosed is not in the excess of Twenty-five Hundred Dollars ($2500.00), and thet such emount is an excellent value of the property, and more than it would bring if it were sold at public auction. Upon the showing made by the Plaintiffs, end the affidavits end other investigations, it appeers to the Court thet the Pleintiffs are entitked to a Judgment of voluntery nonsuit, upon peyment of the compromise settlement, and it further eppeering to the Court that such amount has been paid, se i8, THEREFORE, ORDERED, ADJUD°ED, AND DECREED that the plaintirfs be, and they are hereby, permitted to take a judgment of voluntery nonsuit upon paynent of all costs, This the 16 dey of Feby. 1559. C. G. Smith Clerk Superior Court of Iredell County. AO ( NORTH OR OO tk kx SEDPEREEAAERAR ERR EERE REE OD CAROLINA, IN THE SUPERIOR COURT IREDELL COUNTY. Standard 011 Company of New Yersey, a Corporation. -VSse Atlantic Paving Company, & corporation, Stearns Bros, Inc., & corporation and the Southern Surety Company of New York et ee es >< THIS CAUSE coming on to be heard before His Honor, C. G. Smith, Clerk of the Superior Court of lredell County, and being heard; and it appearing to the Court that a judgment by default final was signed by His Honor, John M, Milholland, Clerk Superior Court of Iredell County against the Atlantic Paving Company, a corporation and Stearns Brothers, Inc., a corporation on the 2nd day of February, 1931, leaving the case at issue as to the Southern Surety Company of New York a corporation only; and it further appearing to the’court that a Judgment of non-suit was entered by His Honor, C. G. Smith, Clerk Superior Court of Iredell County in May, 1939 at to the defendant, the Southern Surety Company of New York, so that this case has been finally terminated as to all defendants; therefore IT IS ORDERED, ADJUDGED AND DECREED by the Court that this cause go off the docket under the former judgments of this Court. THIS 27th day of July, 1939. C. G. Smith OF IREDELL COUNTY, N. C. TM ebribte ite hha ww’ on a Fea NORTH CAROLINA, In the Superior Court IREDELL COUNTY. Before the Clerk Hilliard B. Atkins, Receiver of the First National Bank of States- ville, North Carolina, Plaintiff, IK Ic [0 Ig FF Tes l= IH Vs. J. Ben Cooper, Defendant. This matter being heard by His Honor, C. G. Smith, Clerk of the Superior Court of Iredell County, upon the verified statement of J. Ben Cooper that he is justly indebted to Hilliard B, Atkins, Receiver of the First National Bank of Statesville, North Carolina, in the sum of Eighteen Thousand Two Hundred Pifty- two Dollars and Kighty-six Cents ($18,252.86), together with interest thereon from 11 January, 1949; if 6, THEREFORE, ORDERED, ADJUDGED, AND DECREED that the plaintiff, Hilliard B. Atkins, Heceiver of the First National Bank of Statesville, North Carolina, have and recover judgment against J. Ben Cooper in the sum of Eighteen Thousand Two Hundred Fifty-two Dollars ana kighty-six Cents ($18,252.86), together with interest thereon at the rate of Six Per Cent (6%) per annum from 11 January, 1939, together with costs in the amount of Three Dollars ($3.00). This the 2 day of February, 1939, C. G. Smith Clerk Sunerlor Court of iLredell County. se eee eH In the Superior Court NORTH CAROLINA, Before the Clerk IREDELL COUNTY, C. B. Myers and Fleke Hollend, Co-cdministrators of the Estate of R. M. Myers, Vs. E. V. Weisner end wife, Etta Weisner, <—_-— <— <— => «<> = This cause being heard by the undersigned Clerk of the Superior Court of Iredell County, and it appecring to the Court thet the action was instituted by the Administretors for the establishment of a mortgage executed by the defendants payeble to R. M. Myers as a prior lien, and for a foreclosure of the property described in the morigege; it further appearing to the Court thet these parties have compromised &nd egreed upon a settlement of the matters whiod form the babis of this action, and that to Support the settlement, affidavits of J. T. Jennings, Ea. Vv. Dowell, and J. Eli Prevette, disinterested perties, setting forth the value of the property sought to be foreclosed have been Secured; that in the opinion of these disinterested bersons, the value of the property sought. to be foreclosed is not in the excess of Twenty-five Hundred Dollars ($2500.00), ana thet such emount is an excellent value of the property, end more than it would bring if it were sold at public auction, Upon the Showing made by the Plaintiffs, end the affidavits end other investigations, it appeers to the Court thet the pleintiffs are entitRed to a Judgment of voluntery nonsuit, upon péyment of the compromise settlement, and it further eppeering to the Court that such amount has been paid, IT Is, THEREFORE, ORDERED, ADJUD“ED, AND DECREED that the plaintiffs be, and they are hereby, permitted to take a Judgment of Voluntery nonsuit upon paynent of all costs, This the 16 dey of Feby. 1559. C. G. Smith Clerk Superior Court of Iredell County. EEE RARR ARREARS RAER EERE RR ERRATA AEA Rm SEPREDEEREEE EAE E ARR EERE ROD OO ( NORTH CAROLINA, IN THE SUPERIOR COURT IREDELL COUNTY. Standard 011 Company of New Yersey, a Corporation. Cy CG 9 Q le) rH -Vse- Atlantic Paving Company, @ corporation, Stearns Bros, Inc., &@ corporation and the Southern Surety Company of New York ) : ' : ) . } } } ' THIS CAUSF coming on to be heard before His Honor, C. G. Smith, Clerk of the Superior Court of Iredell County, and being heard; and it appearing to the Court that a judgment by default final was Signed by His Honor, John M. Milholland, Clerk Superior Court of Iredell County against the Atlantic Paving Company, a corporation and Stearns Brothers, Inc., a corporation on the 2nd day of February, 1931, leaving the case at issue as to the Southern Surety Company of New York a corporation only; and it further appearing to the’court that a judgment of non-suit was entered by His Honor, C. G. Smith, Clerk Superior Court of Iredell County in May, 1939 at to the defendant, the Southern Surety Company of New York, so that this case has been finally terminated as to all defendants; therefore IT IS ORDERED, ADJUDGED AND DECREED by the Court that this cause go off the docket under the former judgments of this Court. yi THIS 27th day of July, 1939. C. G, Smith OF IREDELL COUNTY, WN. C. ltt alia idienminiiaanaialanell : BELESELESENIAESE TERE SESEAE SEMIN ESE Se MSE SE SESE SE SESE HERE SE Bett dt 3 Bese te gee BESEREBETE DE SS EAESESESESESE 4 SESEKE SES ESE SESE SESESE SESE SES 598 NORTH CAROLINA, In the Superior Court IREDELL COUNTY. Before the Clerk Ee Re Rankin, Trustee, f V 8 { o REPORT OF COMMISSIONERS. Grier-Lowarnce ‘onstruction Company f et al. SHEET To the Clerk of the Superior Court of Iredell County:- The undersigned Commission begs leave to report that in compliance with the decree of the above entitled matter he sold the lands the rein described at public sale at the Courthouse door in Statesville, North Carolina, at the hour of noon on Monday, March 15, 1937, after due advertisement in accordance with said decree, when and where, E, Re Rankin, Trustee, became the lest and highest bidder with the sum of $2000.00. “his the 15th day of March, 1937. “espectfully submitted, E. M. Land , Commissioner, North Carolina, In the Superior Court Iredell County. Before the Clerk E, R. Rankin, Trustee, V = 's # DECREE OF CONFIRMATION, Grier-Lowrance Construction Company # et al. This cause coming on to be heard on Monday, the 12th day of April, 1937, upon the report of the Commissioner filed herein and being heard and it appearing to the Court that the Commissioner, in compliance with the decree heretofore entered in this cause, exposed the lands therein described to public sale for cash to the hichest bidder at the Courthouse door in Statesville on Monday, the 15th day of March, 1937, after due advertisement in accerdance with said decree, when and where E, R, Rankin, Trustee, the plaintiff became the last and highest bidder and was declaped the purchaser of said lands in the sum of Two Thousand Dollars, and it further appearing that no exception to said sale” and no increased bid have been filed within the t ime -llowed by law, and it ; further appearing that said sale was open and fair and the price bid for said land reasonable and that the purchaser stands ready to comply with his bid, and the Court finding the foregoing facts to be true. It is now ordered and adjudged that the said sale be and is hereby in ail respects confirmed and that E, M. land, Commissioner, be and he is hereby authorized, empowered and directed to execute and deliver to E. Re Rankin, Trustee, a deed conveying said lands in fee, subject to all taxes due thereon but free and clear of the claims and liens of all of the defend- ants in this action, upon the payment to him of the said purchase money. it is further ordered and adjudged that the said Commissioner, after the payment of the cost in this action, apply the balance of the proceeds as & credit of the judgment of the plaintiff in this action. It is further ordered and decreed that the defendants and each of them be and are hereby barred of any equity of redemption in said lands. Ce G, Smith “Ierk of Superior Court Z AG ig OT xe pepe b7 ot. 398 NORTH CAROLINA, In the Superior court IREDELL COUNTY. ! Before the Clerk E. Re. Rankin, Trustee, f V Be a 4 REPORT OF COMMISSIONERS, Grier-Lowarnce ‘onstruction Company t al. SHEL uengete To the Clerk of the Superior Court of Iredell County:- The undersigned Commission begs leave to report that in compliance with the decree of the above entitled matter he sold the lands therein described at public sale at the Courthouse door in Statesville, North Carolina, at the hour of noon on Monday, March 15, 1937, after due advertisement in accordance with said decree, when and where. E, Re Rankin, Trustee, became the last and highest bidder with the sum of $2000.00. ‘his the 15th day of March, 1937. “espectfully submitted, E. M. Land , Commissioner, North Carolina, In the Superior Court Iredell County. Before the Clerk E,. R. Rankin, Trustee, Vv Sh # DECREE OF CONFIRMATION. Grier-Lowrance Construction Company # et al, This cause coming on to be heard on Monday, the 12th day of April, 1937, upon the report of the Commissioner filed herein and being heard and it appearing to the Court that the Commissioner, in compliance with the decree heretofore entered in this cause, exposed the lands therein described to publie sale for cash to the highest bidder at the Courthouse door in Statesville on Monday, the 15th day of March, 1937, after due advertisement in accerdance with said decree, when and where E, R, Rankin, Trustee, the plaintiff became the last and highest bidder and was declaped the purchaser of said lands in the sum of Two Thousand Dollars, and it further appearing that no exception to said sale” and no increased bid have been filed within the t ime -llowed by law, and it further appearing that said sale was Open and fair and the price bid for said land reasonable and that the purchaser stands ready to comply with his bid, and the Court finding the foregoing facts to be true, It is now ordered and adjudged that the said sale be and is hereby in ail respects confirmed and that E, M, Iand, Commissioner, be and he is hereby authorized, empowered and directed to execute and deliver to E. Re Rankin, Trustee, a deed conveying said lands in fee, subject to all taxes due thereon but free and clear of the claims and liens of all of the defend- ants in this action, upon the payment to him of the said purchase money. it is further ordered and adjudged that the said Commissioner, after the payment of the cost in this action, apply the balance of the proceeds as @ credit of the judgment of the plaintiff in this action. It is further ordered and decreed that the defendants and each of them be and are hereby barred of any equity of redemption in said lands. Ce G, Smith Clerk of Superior Court BESESEBESISEAE SE SESE SEA SE MEE Si he HSE RE RRR ERE Re hede te sete as 2 BeBe Ge WS: SETEBERESE SSAA he Re SSE SE SSeS St S45 State of North Caralina Department of Archives and History 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 845.1 = 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. , of (Signed) | Y, Camera Operator Mirrofilmed by North Carolina Bepartment of Archives and History Binision of Archives and Manuscripts Raleigh, North Carolina IREDELL COUNTY - CLERK SUP COURT MIN DOCKET S CG eos ei YEARS — 1939 1944 PAGES oe RID 6 --23 65 RED RATIO 16 { Mecwiler bia wedis LRN B, 238, Ze. Lig. le- xP, Mili poy, ldile Li — +t 4 Liiay Le - Liayey.. Lo th C2, §2 db Alu, olen PO, AIC My LfZ : | 92 | he, Wi cndvle JOS | \ y ¢ VEE Lhe Othe. SSZ LOZ ; Lhe YEO VL AA, Ublante V Uy Mttitid OG? A Loh Whildluedg. “i Ak, hy &—? 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Z 7 HOY W/G GC A Utt Ql 24M tS ty # KL, SOC Mire Liyua fe r? ‘ ieee a £82 | a Ee Figd z, ii we ° - %, lidry , Mech Les JIS | Mn, Ape / Fr, ) oe Z ZL { Mihge Zz AF: joie Wadi on ede | gt | gl Ee, if ry! pet e agi ae a See alfa) td | ry ee Pe it ee -— = - = = zy f — 4 cc BFR Ae THA (2G / 4 “ Speen sso nie ae | t apy Liu OK SIG YSZ } Wulli 2.27 232,370 Ya CE LIP M00, | Hayle. b 2bly a oe eS a Aen I an heli heir = ———— —S—— ———_—_ { orth Carolina, Iredell County. Q IN RE: Will of Alice Campbell: m0 C. Ge SMITH, CLERK SUPERIOR COURT, IREDELL COUNTY: We the undersigned witnesses for the propounder of the last will and testament of Alice Campbell, deceased, having been paid our witness fee by L. C, Henderson and the Executors of L. C. Henderson, deceased, hereby authorize you to cancel our fee, or mark it to the use of L. C. Henderson or his Executors his her Pete Mitchell Roy (X) Shoemaker Roxie (X) Shoemaker mark mark T, Le Gatton her Metta (X) Shoemaker D. N. McLlelland J. T. Jennings mark ; J. L. Parks Ida Millsaps Connie Shoemaker Mrs. RK. M. Rickert R. F. Rash J. G. Mitchell M. C. Smith Gaston Rash Wilson Reid W. A. Trivette, M.D. E. E. Robertson A. F. Holcomb D. L. Myers, M.D. Lula Mitchell R. D. Wallace W. C. Trivette L. C. Ogburn, M.D. ; -“O- -0O- -0- North Carolina, ( Iredell County. } Recd, my officers fee in the case of In Re: Will of Alice Campbell, amounting to the sum of $21.50. Pete Mitchell (Ze gugpor pu geral 26, cheat, ott 7 ft lifted, tir, Levan, (GBF) eiignent Décket’ 36, pag for ‘Judgment See "ta this case) Te HHH { NORTH CAROLINA IN THE SUPERIOR COURT IREDELL counry J, CG. Ramsey ' JUDGMENT estatg clin, Me. wie.§ "Fr =e deceaseg, ° A+ Smith, This cause coming on te be heard by consent of J, M. Wagoner, Attorney for — the plaintiff and Raymer & Raymer and Grant & Grant, Attorneys for the defendant, and being heard, the Court finds the following facts, to-wit: I That on the 7th day of January, 19}9, defendant's intestate and the Plaintis; entered into a written agreement for the sale and purchase of a certain tract of lay located in Iredell County, containing twenty-(20) acres more or less and Qn agreed price of Thirty Five ($35) Dollars per acre - the plaintiff agreeing to pay saigq defendant's intestate One Hundred, forty ($140) Dollars and interest on the whole amount - $700 - by October 15, 1919, and further agreeing to pay the balance over a period of five years, and that pursuant to said agreement and contract, the defen intestate let the plaintiff J. C. Ramsey, in possession of said lands. II That the plaintiff paid the sum of One Hundred ($100) Dollars on or about October 15, 1919, and paid various sums on the balance over a period of years, III That defendant's intestate accepted various payments on said agreement after the five year period and that the plaintiff has been in possession and control of said premises since the 7th day of January, 1919, and is now in possession thereof, claiming the same as the owner, IV that it is agreed that there is a balance due Gefendant's intestate under said contract, the sum of One Hundred ($100) Dollars, IT IS NOW, THEREFORE by consent of both plaintirf and defendant ordered and adjudged that the plaintiff pay to the defendant's intestate the sum of Mme Hundred ($100)Dollars in full of the balance due under said contract set forth in the Complaint; and it is further ordered and adjudged that J, L. McLain, Adminis- srator of the Estate of H. 4, Smith, deceased, be and he is hereby ordered and directed to execute and deliver to the plaintiff, J + C. Ramsey, a deed in fee simple for said land » 4nd that the defendant pay the cost 8s of this proceeding. This Feb. 2h, 1939, C. G, Smith By Consent: Clerk™o perior Court of Iredell (00. his Je C. =X) Ramsey Witness: Je Me Wa oner Ketorney for the slatntur,, Je Le Mc Lain Knr-, of E. i. Sith; Decsasea Ra r & Ra er = Grant & orneys for the en a J. M. Waggoner CO Ht nnn » ee Hy $00 OW Oe 00% 60% wowed ead pee / NORTH CAROLINA IN THE SUPERIOR COURT IREDELL COUNTY TRATOR . Le JOHNSON, ADMINIS oF W. A. CASEY, DECEASED vs TUDGMENT IE . W. VAN HOY AND WIFE, NETT vi HOY, AND WILL TRIVETTE This cause coming on to be heard before the undersigned Judge on the complaint and temporary restraining order heretofore issued by His Honor, J. H. Clement, and being heard at Chambers at Salisbury, Rowan County, North Carolina, and it appearing to the Court that W. A. Casey, deceased, left a last will and testament, which has been duly probated in the office of the Clerk of the Superior Court of Iredell County, and that Mrs. Sallie Madison has been duly qualified as administratrix c.t.a. under said will; it further appearing to the Court that the letters of administration heretofore issued to R. L. Johnson on the day of Jamary, 1938, by the Clerk of the Superior Court of Yadkin County, have been revoked: IT IS, THEREFORE, ORDERED AND ADJUDGED by this Court that the temporary restraining order heretofore issued in this cause be, and the same is hereby Gisdsolved, and that the action be, and the same is hereby, dismissed. It is further ordered that the plaintiff be taxed with the cost of this action, This the 2lst day of February, 1939. Wm. H, Bobbitt JUDICIAL DISTRICT. i a a a a ee a ee 2 North Carolina In the Superior Court. Tredel1 County 8. Sandy, Substituted Trustee, nd pridential Insurance Company ) rica v8. i JUDGMENT Fred A. Gabri i B. Gebries el and wife, Alva ; This cause coming on to be heard and being heard before the undersigneg Clerk of Superior Court for Iredell County, North Carolina, upon the duly Verifieg complaint of the Plaintiff, and it appearing to the Court and the Court finding a, a fact that the plaintiff filed said duly verified complaint on the 19th day of January, 1939, and that summons was issued in this action on said date ang Was duly Served on each of the defendants on the 20th day of January, 1939; and it further appearing to the Court that this action was instituted for the recovery of POSSO ssi, of certain real estate described in the complaint in this action, and that more the thirty (30) days have elapsed since the date of the service of said summons, and that neither Gefendant has appeared, answered or demurred to the complaint of the plaintis nor has filed bond as required by law, and are now in default; and, It further appearing to the Court and the Court findimg as a fact that the Plaintiff, Prudential Insurance Company of America, is the owner and entitled to immediate possession of the lands described in the complaint herein, It is, therefore, ordered, adjudged, and decreed that the Plaintiff, Prudent Insurance Company of America is the owner and is entitled to immediate possession of the lands described in the complaint herein, It is further ordered, adjudged and decreed that a writ of possession issue t the Sheriff of Iredell County, North Carolina, Commanding and directing him to remow the defendants, immediately, from said premises and to place the plaintiffs, Prudentid Insurance Company Of America, or its arents, in actual Possession thereof, It is further ordered and adjudged that the plaintiff recover Judgment against is action to be taxed by the Clerk, This the 27th day of February, 1939, C. G. Snith Clerk Superior Court. ee eH He ey , > i a a a a a Hehe een eee ee ett NOR TH CAROLINA, In the Superior court IREDELL County Before the Clerk Interstate Granite Cor o a Corperation, peers Plaintirr, 4 Vs, JURGMENg Defendant, statement of George FP. Eagle that he 18 tly indebted to the Interstate Granite Corporation of Charlotte, North Carolina, e sum of Two Hundred Sixty-seven Dollars and Seventeen Cents ($267.17), : (6%) per annum from together with interest thereon at the rate of Six Per Cent . Lm ORDERED, ADJUDGED AND DECREED That the plaintiff, Interstate Granite Corporation, of Charlotte, North Carolina, have and recover judgment against George F. Eagle in the sum of Two Hundred Sixty-seven Dollars and Xeventeen Cents ($267.17), together with interest thereon at the rate of Six Per Cent (6%) per annum from 12 April, 1938, together with the cost in this action in the amount of Three Dollars ($3.00). This the lst day of March, 1939. C. G. Smith Clerk Superior Court of IredelI County % at 4% eo a a a a Oe ee He a Oe a a OO Oa OH + North Carolina In the Supprior Court Iredell County G. M, A. Company Vs Judgment ooo oo 0. om Godwin, JY This cause coming on to be heard before the undersigned Clerk of the Superior Court and it appearing to the Court that the parties have settled the matters and differences between themselves without ever having the papers in this case served, and that the plaintiff now desires to take a voluntary non-suit in this action. It is therefore ordered and decreed that the action be dismissed and that the plaintiff pay the cost of this action. This March 2nd, 1949. C. G. Smith Clerk Bf the Superior Court - Iredell 7 . %eeeeete ue "FRO HEHEHE EHEEREEEDEOES IN THE SUPERIOR COURT MARCH TERM 1939 7 MONDAY, MARCH 13th, 1939. a = = =) tN NORTH CAROLINA, IN THE SUPERIOR COURT, IREDELL COUNTY. MARCH TERM, 1939. SS. eae ed Be it remembered that at a Superior Court begun and held in and for the ee County and State aforesaid at the Courthouse in Statesville, N. C, on the 13th day , of March, 1939, when and where His Honor, Wm, H. Bobbitt, Judge Presiding and holding Courts for the fifteenth Judicial District, Spring Term, 1939, is present and presiding. J, W. Moore, High Sheriff of Iredell County, is present and opened Court by order of the Court. / No. ) The following Jury; J. G. Lewis, J. I. Thomas, Sr., Nellie Forsyth Shoemaker ) R. H. Cline, W. E, Webb, Tom Murdock, W. B. McLellana, -vs- ) C. B. Winberry, J. W. Wallace, Neil S. Sowers, W. R. ay ; Glenn Shoemaker Q Battley, R. A. Collier and D. W, Speaks, being duly = sworn and empanelled, answer the issues submitted to it as follows: aX r I iu eed North Carolina In the Superior Court h ; Iredell County March Term, 1949. : Nellie Forsyth Shoemaker vs q ISSUES , #s=65 Glenn Shoemaker j l, Did the plaintiff and defendant intermarry as alleged in the complaint? Answer: Yes 2. Did the defendant abandon the plaintiff and have they lived separate and apart from each other for more than two years as alleged in the complairt ? Answer: Yes. 3s Has the plaintiff been a bona fide resident of the State of North Carolina for more than one year next preceeding the commencement of this action as alleged in the complaint? Answer: Yes. “O- -0- -0- North Carolina In the Superior Court, Iredell County March Term, 1939 Nellie Forsyth Shoemaker ? We SUDGMENT Glenn Shoemaker IN THE SUPERIOR COURT MARCH TERM, 1939 MONDAY, MARCH 14th, 1949 This cause coming on to be heard and being heard at this Term of the Superior Court of tredell County before His Honor, Wm. H. Bobbitt, Judge Presiding ) and a jury, and the jury having answered the issues submitted to it by the Court n favor of the plaintiff and against the defendant, as se6 out in the record: It is, therefore, ordered and adjudged by the Court that the bonds of matr; heretofore existing between the plaintiff and defendant, be, and the same are disol OLve4 and the plaintiff is granted an absolute divorce from the defendant. Wm. H. Bobbitt Juage Presiding . ee ek a a a NORTH CAROLINA IN THE SUPERIOR COURT IREDELL COUNTY C. Le Rhyne 6 ‘ ) ° q REPORT OF RECEIVER ) Rhyne Drug Compmy Andrew C. Mc R Intosh, Receiver of Rhyne Drug Company, Inc., files the followin as a full and complete ne on March 11, 1939; RECEIPTS Balance on hand from last r epo Iredell Development Company te 7300 Dividends 5.00 30.00 27-00 30,00 30,00 40.00 3 2,720 ; DISBURSEMENTS tat a esville Realty & Investment Co. for Bond 2-18 . ' . G O o ie: “32 $10,00 . ‘ : ~18-4 10,00 3-6-39 10.00 Balemc ence on hand date of this report a $ 217.20 And the undersi - maining in his hen rsigned Receiver furt of 4 3 her sh aa against oumaseiat uataicen shares of Mem of leone that the assets fe against 0. 1. Hhyno.in the sum of §1000;00.° Escostion ede Development °otaagm and returned unsatisfied 0.00. Execution has b ction, an and at the date of this oniee teas a roandiss 8 uts re is © ae the an execution against the Sheriff of Mecklenburg Comnty.. of She said C, L, Rhyne, which is 4 he hand : . ’ s in the hancs Andrew C. McIntosh Recelver of Rhyne Drug 00+» Tat, Files Mar, 13, 1939. C. G. Smith Subscribed and sworn t this lith day of larch, 1939, ee UL SEE Notary Publi c My commission e (NOT xplres: Jan, |; , * P 190 ° . 7 gTATE OF _ oa IN THE SUPERIOR COURT MARCH TERM, 1939 MONDAY, MARCH 13th, 1939 ( NR TH CAROLINA IN THE SUPERIOR COURT MARCH TERM 1939. IREDELL COUNTY- MATTER OF THE ADMINISTRATION ) (#152 ) ue 0 ORDER - or THE ESTATE OF c. A. DULIN Q eard before the undersigned on this date at This matter coming on to be h he regular Mareh 1939 Term © red herein, dated Feby 2nd, f the Superior Court of Iredell statesville, NC at t NC under the Order ente 1939, signed by the County, Attorneys representing certain undersigned, and WR Dalton and Hudson & Hudson, s under the will of C A Dulin having contended that said devisees and distributes t been complied with by P P Du ed Feby. 2nd, 1939, has no lin Executor of Order, dat C A Dulin be ordered to file an Account and Report as said executor showing all is bands (or for which he is liable and chargeable pts which have come into h ) since he filed his account NC on Dec. 17th, 1937, and and Lucile Dulin (Minors) being rece the Superior or report with the Clerk of under the law Pp P Dulin Executor of C. A. Court of tredeil County, Dulin and P P Dulin Guardian of William Dulin represented in open court by Messrs. Jonn A Scott and Robert. A Collier, Attorneys and it appearing to the court that the following are the only funds, assets and Dulin that have been filed with C G said executorship estate of CA or Court of Iredell County by property of p P Malin Executor of C A Smith Clerk of the Superi Dulin under said Order dated Feby 2nd, 1949 since said Order was issued herein. Dulin Executor C A p" sicned by "P P Statesville N C, Check dated Feby. 23ra, 1949» & Farmers Bank of $2,000.00 drawn on Merchants payable to C G Smith, C.S.C- EB F Mundy and wife, deed of trust and bond for $150,00, dated Apr. 26/37, to A B Raymer, mrustee, for P P Dulin, Exec. (unrecorded) $50.00. Certificate of Stock #211 of Iredell Dev. C0- dated Nov. 12/27» issued to C A Dulin, par value when issued, $1000.00 (10 shares ) Co, dated Jany 11/28, of Iredell Dev. $100.00 (1 share) Certificate of Stock #262, ue when 4ssued, issued to C A Dulin, par val “stock Retirement Certificate” No- 66, dated Sept. 2/37, and tt n dated signed "Stock Retirement Certificate” No. 1375 lle National Farm Loan by RE Page, Secy-Treas, of the Statesvi Association of Statesville, N Ce It is therefore upon motion, after a careful consideration of the matter and nd the argument of counsel ordered that P P Dulin, Executor of C A Dulin be and he is hereby to file with the Clerk of the Superior Court of Iredell Cowmty, NC within order an account 45 said executor showing all thi rty (30) days from the date of this or for which he is rece ipts, funds, and assets which have come 4nto his hands, since he filed his last Account or statement res ponsible and accountable as executor, IN THE SUPBRIOR COURT MARCH TERM, 1939 MONDAY, MARCH 13th, 1939 with said Clerk on Dec. 17th, 1937, and showing all disbursements which he hag nay as said executor of C A Dulin Estate since he filed his last Account or Statement n with said Clerk on Dec. 17th, 1957 And said executor is also ordered in said ACCom; funds, and property of said c¢ A Dulin estate for which he is accountable, chargeable, and liable as said execu Dulin Estate, to give an itemized list of all the assets, tor of ¢ A Baid account to be duly sworn to before a notary public by P Pp Dulin Executor. This cause is retained for further orders, This March 13th, 1939. It is further ordered that a copy of this Order by» served personally upon P P Dulin Executor of C A Dulin in Columbia, S ¢ Wn, H. Bobbitt Judge fresiding and Holding the Courts of the 15th Judicial Dist, of N.C e % wt He eG Ie % % oe "SROHOHH BeO eee eee eeens NORTH CAROLINA, IREDELL COUNTY. In the Superior Court Josephine Gibson by her Next “riend, R. C. Gibson, Vs. Claude Browner and Mrs. Mab Miller Rowe ” oCfo SoS OO oO Ie Gq | Q = B = 4 Thi Ss S cause coming on to be heard at the March Term, 1939, of Iredell County Superio P r Court before His Honor Wn, H. Bobbitt, Judge Presiding, and by consent of being Ww ing heard without a jury by the Presiding Judge, of counsel for the Plaintiff ana defendants, and upon y Gourt, it appears to the the parties, and upon the statenest! the evidence submitted to th Court that this is an action by a minor plaintiff, Josephit Gibson, to revocer damac Claude Browner, and owned by the defendant Mrs, Mable Miller Rowe : ’ Which accident happened on or about the 15th day” January, ghway N & Oo. 1939, at a point on Hi 115 abo Le ith dekikins 5 ut seven miles North of Statesvill in front of the home of t he plaintirrts » that # &@ result of the accident, father, R. C. Gibson; the Plaintiff was injured; 4t further appearing to the a : all matters and alleced Ged injury set forth in the plaintiff's complaint am greed to pay the Plaintiff the sum of Two Hundred Twelve IN THE SUPERIOR COURT MARCH TERM, 1939 11 MONDAY, MARCH 13th, 1939 Dollars ($212.00), in full settlement of the plaintiff's alleged injuries together with the costs of this action. And the Court having examined the child, and her Next of Friend and father, R. C. Gibson, and the physician under whose care the child was treated, and it being made to appear to the Court that the parents of the child are satisfied with the settlement, and that Dr. J. L. Pressly, who treated her, is of the opinion that she has made a full recovery from the result of the injury, and that in his opinion the child is completely well and has no permanent injury or deformity; that the child is eseeoutansely three and one-half years of age. After inquiry into the matter, the Court is of the opinion, and therefore, decrees as follows: 1. That the plaintiff recover of the defendant the sum of Two Hundred Twelve Bollars ($212.00), to be paid into the office of the Clerk of the Superior Court of Iredell County. 2. That out of this amount, the Clerk of the Superior Court of Iredell County is authorized and directed to pay to the H, F. Long Hospital, Incorporated, the sum of Eighty-seven Dollars ($87.00), incurred for the treatment of the plain- tiff's injuries, which amount is found by the Court to be a reasonable charge for the services rendered by the hospital in treating the injuries of the plaintiff; and the Clerk is further emthorized and directed to pay to Zeb. V. Long, Jr., Attorney for the plaintiff, out of the funds deposited with the Clerk by the defendants, the sum of Twenty-five dollars ($25.00) for legal services on behalf of the plaintiff, which amount is found by the Court to be a reasonable charge for the legal services performed. 3e That the defendant pay the costs of this action, to be taxed by the Clerk of this Court, 4. That the settlement as hereinbefore provided is not unreasonable or unjust to the minor plaintiff, but is, in the opinion of the Court after careful investigation, for the best interest of the plaintiff. Entered at Statesville, North Capolina, on the 13th day of Mar@h, 1939. Wm. H. Bobbitt Judge Fresiding By Consent: Zeb, V. Lon Jr. Kttorney for a ESEE EE, > Adams Dea ; rman & Winberr it orneys for Defendants. R. C, Gibson Next Fr? end or PIaint TTT * % "*@eeeeeneeesna vee 6d6 66s 6860 C8 Cet eee IN THE SUPERIOR COURT MARCH TERM, 1949 MONDAY, MARCH 13th, 1939 NORTH CAROLINA, In the Superior Court IREDELL COUNTY. March Term, 1939 R. S. Holiday, Executor of the last Will and Testament of Bynum Patterson, Deceased, Vs. Sarah Patterson, widow, Bertha Thomas and husband, Frank Thomas, Emma Clark, widow, and Allie Patterson, unmarried, P. C. Jurney and wife, Mrs. P, C, Jurney oS 0 SS OS OO i This cause coming on to be heard by His Honor Wm, H, Bobbitt, Judge Presiding at the “arch, 1939, Term of Iredell County Superior Court, and it appear- ing to the Court that an order was signed on 28 February, 1939, restraining and enjoining P, Cc, Jurney from executing and delivering to his wife a mortgagee's deed or any other instrument conveying title to property in which Sarah Patterson clains @ dower interest; it further appearing to the Court that in the restraining order it was decreed that P. C, Jurney and wife, Mrs. P, ¢ - dJurney, appear before Wm, E, Bobbitt, Judge, at Statesville, North Carolina, on 13 March, 1939, at ten o'clock, 4 itly restrained and enjoined as therein order iJud¢e ed, adjudged, and decreed; it further &ppearing to the court that an order has yet been sicned b g y the Clerk of the Superior Court allotting a dower to Sarah Patter and that all parties, th o rouch their Counsel, have agreed and consented to a continums order until the May, 1939, IT IS, THEREFORE, or the restrainince Term of Iredell County superior Court, ORDERED, ADJUDGED, AND DECREED that the restraining ord? be, and it is, continued, by con onsent, until the May, 1939, Term of Iredell County Supertor Court, Entered at s . ac Statesville, North Carolina, on the 13th day of March, 1939. Wm. H. Bobbitt Scott & Collier Judge Presiding orneys for Platnt Adams Dearman & Winberr Attorneys for Sarah Patterson Lewis & Lewis Attorneys for Ps mey rs. P. Cy Turney ): 4 * tO eg +e eee eeeenen nae tt IN THE SUPERIOR COURT MARCH TERM, 1939 13 MONDAY, MARCH 13th, 1939. ( North Carolina In the Superior Court, Iredell County ) March Term, 1939. Baxter Alexander i ORDER ocefa>] =] c, W. Thompson This cause coming on to be heard before the undersigned Judge holding the March Term of Iredell Superior Court, upon the appeal of the plaintiff from the order of the Clerk making John Campbell an additional party, and being heard, after argument of counsel, It is ordered, considered and decreed that the defendant, upon the pleadinges now on file, is not entitled to have John Campbell made an additional party herein and the order of the Clerk heretofore made is reversed and set aside, It is further ordered, however, that the defendant shall have fifteen days, if he shall be so advised, within which to file an amended answer in this causé. Wm. H. Bobbitt Judge fFfresiding To the signi of the foregoing order the defendant, in open Court, excepts and rives neckes of appeal. Defendant given thirty days to file case on appeal, Appellees given thirty days thereafter to file counter-case or exceptions. Appeal bond set at $100.00. Wm, H, Bobbitt Jucge Fresiding i North Carolina In the Superior Court, Tredell Courtty March Term, 1939. Robert Freeman ( Ve ORDER C. W. Thompson This cause coming on to be heard before the undersimged Judge holding the March Term of Iredell Superior Court, upon the appeal of the plaintiff from the order of the Clerk making John Campbell an additional party, and being heard, after argument of counsel, it is ordered, considered and decreed that the defendant, upon the pleadings we tm file, is not entitled to have John Campbell made an additional party herein “nd the order of the Clérk heretofore made is reversed and set abide. It 1s further ordered, however, that the defendant shall have fifteen days, 1f he bhall be so advised, within which to file an amended answer in this cause. Wm, H, Bobbitt "fudge Presiding | IN THE SUPERIOR COURT MARCH TERM, 1939 MONDAY, MARCH 13th, 1939 fendant, in open Court | he signing of the foregoing order the de , , hi excepts ie aeekes of appeal. Defendant given Certs Saye 50 7228 6m dy on appeal. Appellees given thirty days thereafter to file counter-case or exceptions. Appeal bond set at $100.00. Wm, H. Bobbitt | Judge Presiding - He He OK a a HH Ree EH HHH HHH HHH HHH HH HR HY ji i North Carolina In the Superior Court, Iredell County 9 March Term, 1949, a) Alvin Scott vs j ORDER Q C. We Thompson 4 This cause coming on to be heard before the undersigned Judge holding the March Term of Iredell Superior Court, upon the appeal of the plaintiff from the order of the Clerk making John Campbell an additional party, and being heard, after argumr pate of counsel, It is ordered, considered and decreed that the defendant, upon the pleading now on file, is not entitled to have John Campbell made an additional party herein mi the order of the Clerk heretofore made is reversed and set aside. It is further ordered, however, that the defendant shall have fifteen days, if he shall be so advised, within which to file an amended answer in this causé. Wm, H, Bobbitt Jucge Presiding ne To the signing of the foregoin opt and gives notice of appeal. ; fen Shinty Gaye te fide cone as Oe Defendant given thirty days to file case on a peal. Appellees given thirty days there: J J cas p Gand gos a& 4400.00. ys thereafter to file counter-case or exceptions. Appeal Wm. H. Bobbitt _— Judge Presiding ee eee eeeee een nn en x eee eee eeeeeeee nee ee eeet! an WH Leth Justice's Court Before G. R. Anderson, Justice of the Peace. North Carolina Iredell county O. Le Smith JUDGMENT q ) v8. ) ) Tower Trucking Company ) This cause coming on to be heard before the undersigned Justice of the Peace of Statesville Inside Township, Iredell County, North Carolina, and it appear! to the Court that a warrant of attachment was issued in this cause on the 13th day yf February, 1939, and that said summons and warrant of attachment were duly served o the defendant on the 13th day of February, 1939, and that a bond was filed by the defendant under section 813, N. C. Code of 1935, with Herbert Nolte and C. H. Gant as sureties thereon; for $93.82. And it further appearing to the Court that no motion was made prior to the trial for the vacating or setting aside of said warrant of attachment; And it appearing further to the Court that this action was instituted to recover judgment in the sum of $42.86 for goods sold and delivered, and that the 4 defencant is indebted to the plaintiff in the sum of $42.86: It is, therefore, ordered and adjudged that the plaintiff have and recover judgment against the defendant Tower Trucking mor tk and the sureties on his wider. a taking, Herbert Nolte and C, H. Gant for the sum of $2.86 and the costs of this action, the costs in this Court being $).05 This the 2lst day of February, 1939. | G. R. Anderson 2 Justice of the Peace Filed March 21, 1939 Paul Hoover, Deputy C.8.C. te ee He He ee \ NORTH CAROLINA ee eee Ee HE EE IREDELL COUNTY In the Superior Court Vea C. M. Steele, PF, PF, Steele, H. 0, Steele, and A. P, Steele, and E, R, Rankin, Tradin ~ Fae Statesville Brick Company, a Partner - snip Plaintiffs, vs. JUDGMENT BY DEFAULT FINAL Dr. Carlton R, Eller, Defendant << em > <> <> the court within the time allowed by law, that this is an and it further appéaring to the Court action on a stated account, 17 It is therefore ordered, adjudged and decreed upon the motion of Land & sowers that the plaintiffs have and recover of the defendant the sum of $208.80 together with interest thereon at the rate of 6% per annum from November 2h, 1937, until paid, and for the cost of this action. This the 27th day of March, 1939. Ce G. Smith Clerk of the Superior Court. ee eo 624 & & &£ Besesseseesetesese HH HEE SE SE Shae aEseseetdeseecg: de de ae ae se + $e dedn doce + & ie & He HE Rew OH OH OH OH OE SE OM Sete seseseseseseec ss Mteseesesesecesesess OE OG WORTH CAROLINA, 9 Spring Term, 1939 Q No. 378 SUPREME COURT. ,] Iredell County. Fletcher H. Bailey, Mrs. Rosa Bailey White, Mrs. Mary Bailey Wiley, and Robert Smith, Collector of the. Estate of S. R. Smith vs. JUDGMENT J. Le McLain, Admr. of H. A. Smith, R, A. Collier & A. B. Raymer, Trs., Mrs. Ella S. Foster, Mrs. Mittie 0. lee, J. Martin Smith, Effie C. Smith, Rosa Sain, Mrs. Ila Atkinson, Mrs. Alma Montgomery, Mrs. Clara Albea, Franklin Williams & Mrs. Elya Sheek Hedrick This cause came on to be argued upon the transcript of the record 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 *pinion of the Court, as delivered by the Honorable Certified to the said Superior Court, to the intent And it is considered and adjudged further, that the Prosecution Bond, Robt. Smith and Frank Hendrix, do this Court incurred, to-wit, the sum of Seventy six *xecution issue therefors A True Copy: A. A. F. Seawell, Justice, be that the judgment is reversed. Plaintiffs and surety to pay the costs of the appeal in 65/100 dollars ($76.65), and Edward Murra Clérk of the Supreme Court. [ ee Apso — en 9 Match’ Tourn SI39 ‘e MN feted tet ie teste sae ane setese sete sel Gat ohh aese seas JHHHIHEHEM EEE teiede | ebb Siti site ttt tete rg ’ t . NORTH CAROLINA, ae Rie Reape rn om Third Creek, S- 68 EB. 8-3/4 poles to a nt, Mersiecn. s and go NTY ' r; thence continuing down the Creek S. 09 E. 18 poles, and S. meee Om : a : 9 E. 9 poles, to a stake in the Creek; thence nN. 87 E. 29 poles containing 9; acres, more or less. Te Board of Drainage Commissioners The above de ing en et p By ma see of Upper Third Creek Drainage ig the qaentical tra e omnes nt in the action 6n District No. i tthe Board of Drainage Commissioners of Upper Third Creek Drainage District Noe l, ae REPORT OF SALE. Vs. Je A. DAY and wife, Mrse J- A. Daye Vs. iJ The Commissioner considers the price bid fair and reasonable, and, there- Mi « . +e . J. A. Day and wife, Mrs J. A. Day fore recommends that the sale be confirmed, and & deed made to the purchaser, and ? SETI RS that in making the deed the description set out in this report be usede TO THE CLERK OF THE SUPERIOR COURT OF IREDELL COUNTY: This lst day of February, 1944-6 Te undersigned Commissioner respectfully shows: quga1us -le- GC. D. Moss That on the 2nd day of January, 1933, at 12 o'clock, Noon, after due Commissioner. advertisement as provided by law, and ordered by the Court, the lands described ae Subseribed and sworn to before me, Fg i ee I os in the Complaint in this action, were offered for sale, to the highest bidder, —— Ct ed this the Ist day of February, 1933 at public auction at the Court House door of Iredell Count a 8 ounty, and The Board of John L. Milholland Drainage Commissioners of Upper Third Creek Drainage District No. 1, became the erk perior Court © rede County. last and highest bidder, at the price of $40,00, subject to all unpaid taxes to Iredell County, and all drainage assessments not included in the Complaint in this action. -2- NORTH CAROLINA, In the Superior Court That the sale was regularly and duly held, and all bystanders had an IREDELL COUNTY. Before the Clerk opportunity to bid. i -3- The Board of Drainage Commissioners of Upper Third Creek Drainage District That this Commissioner filed a report of the sale on the 2nd day of January; Woe 4, DECREE CONFIRMING SALE VB «lj. Je Ae Day and wife, Mrse we A. Day. That the sale has stood open for twenty days, 4s gequired by law, and there ¢ has been no increased bid filed, or objection made to the confirmation thereof. This cause coming on to be heard, and being heard upon the report of -5- Commissioner, and the Court finds as 4 fact: That sinc since the sale of the land, a survey has been made by L. 0- white; =i th t t . ) £ 5 a he description contained in the complaint is not very definite; that from the That notices of said sale were duly posted and published as required by surve i y, the land can be described according to metes and bounds; that accor@ing * statute. 3 ‘ . c 3 a \ + 5 2 an assessed in th he land e name of J. A. Day, as containin 10.6 acres, Se a tins Drainage B of said noti w and the orders of the Court. ge Book #1, at page 50 and particularly described as follows: " ote: ne See -_™ -4- Beginning at g a stake, Mrs. W. C. Nicholson's line, the same being the nig? t t , That the six months allewed by law for any person claiming any interes water mark of ' tlio (tone bottom land, and fans with the high water mark #8 , poles to a stake; N. 29 BE. 6 poles to a stake; 8s. 1 E. 16 poles to a stak e i to a stake oe Sstelias ae Gace ar ks of the btrdge; S. 60 E. 12 poles in the lands described in the complaint in this cause, er in the proceeds from nee with th - ¢ os the bridge; Gaasae'S 5 BW. 15 poles to a inka ah tte tuuue th "ps stake; thence S$, 59 W. 1as3A nebee'e to a white oak; thence 8. 27 W. 15k pores persimmon; thence 8. 62 W. 17 coins ast Cte ee = (a 5 oad, Nore the sale thereof, to file their claim, has expired, and that no person nas filed, mee the proceeds from the sale 8 les _to ¢ ® any claim or interest in the said lands, or P dogwood; thence S. 76 W. io-4/h rol to a persimmon; thence N. 62 W. 39 poles ash, Reynold's line; thence § sw. pans ne thence N. 66 W. 26-3/4 poles thereof, 5 s to a stake in the center of gpird “he That at said sale The Board of Drainage Commissioners of Upper Third Cree; Drainage District No. 1 became the last and highest bidder in the sum of Forty Dollars ($0.00) subject to the unpaid County taxes and all unpald drainage agses;. ments other than those set out in the complaint in this cause; that no increased y has been filed and no objections filed or made within the time allowed by law, -5- That upon the report of the Commissioner, the Court finds that the price bij on this land was a fair and reasonable price. o6< That the party who was the last and highest bicder at the sale is the plai tiff in this cause, and that the amount bid is not sufficient to pay the costs ani assesaments set out in the complaint, and for which judgment has been rendered, and that after payment of the costs of this action and the sale of the land, the remain of the purchase price is to be credited on the judgment rendered in this action, IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED that said report and sale YR, and the same are hereby, in all respects, approved and ¢onfirmed, and that said Commissioner, upon rayment of the purchase price, be, and he is here”y authorized an directed to make and deliver a deed in fee simple for the said lands to The Board 0! Drainage Commissioners of Upper Third Creek Drainage “istrict No. 1, its successors and assigns, subject to all wnpaid taxes to Iredell County, and all drainage asses ments not set forth in the Gomplaint. IT IS FURTHER ORDERED that out of the purchase price of said lands, the Commissloner shall pay, first, the costs of the sale and the costs of this dation, and shall credit the remainder of the purchase price on the judgment entered in this cause. I? IS FURTHER ORDERED, ADJUDGED AND DECREED that the defendants, and each them, and any, and all other persons, be, and they are hereby forever barred and foreclosed of any and all claim, right, title, interest, or dien in and to the property described in this cause, and in and to the proceeds from the sale thered!s It appears to the Court that the description set forth in the report of O Commissioner describes the same land, described in the Complaint, and it is ordere’ that the Commissioner in making the deed, use the description set forth in his rope IT 18 FURTHER ORDIRED that The Board ¢ Drainage Commissioners of Upper ™# Creek Drainage District No. 1, its agents, attorneys, lessees, and/or assignees, be immediately - ely let into possession of said premises upon the production of the Commst ioner's deed, This 2) day of April, 1943. John L. Milholland CLERK SULIERTOR COURT OF IREDE Le cou Mae te seth He The ae eset de te Tete tte Sete 4 , He MSE sete tests test ste sete se te aeay HEPEBET MEE TEE SE | Fede SESE Sede Te Sede Sete See HE HE HERE SE ITE ie . Sf 21 - DRS-B-251 NORTH CAROLINA IN THE SUPERIOR COURT oS IREDELL © OUNTY LOUISE GREGORY , PLAINTIFF, a. were a KESWICK CORPORATION, : CAROLINA MORTGAGE COMPANY AND POTOMAC REALTY ATLANTIC DEBENTURE CORPORATION, DEFENDANTS. <—eo <> oe <Peoe See oy C og Q = Be Zz ae] THIS CAUSE coming on to be heard before Hon. William H. Bobbitt, Judge of the Superior Court, riding the Fifteenth Judicial District of North Carolina, and it appearing to the Court that the parties plaintiff and defendants have agreed that this judgment might be signed out of term ana out of the Court and out of the District; WHEREFORE, by consent of said parties it is ORDERED, ADJUDGED AND DECREED? 1. That the plaintiff recover nothing by her gaid action. 2. That the restraining order heretofore issued in said cause be and the game is hereby dissolved. 3. That the receivership heretofore established be and the same is hereby dismissed; however, Harold Parks, the said receiver is hereby directed to deduct as his commission 10% of all moneys which he may have collected as receiver and to deduct expenses which he has incurred as receiver and to pay the balance of proceeds in his hands over to Keswick Corporation, Agent, for the benefit of Potomac Realty Atlantic Debenture Sorporation, and then to file his report with the Court showing all receipts and disbursements. h. That the Trustee be and is hereby authorized to re-advertise the property, acting upon the raised bid now appearing of record in the Clerk's effice and to otherwise proceed with gaid foreclosure in accordance with the terms of sald deed of trust and the law regulating such sales. 5. That the said plaintiff's action be and the same 4s hereby dismissed and all the costs taxed against the said plaintiff except $50.00 deposited by the defendants with said Referee, C. H. Dearman, it being understood that the defendants waive any recovery of the amount so deposited, and it being understood that the Referee will not demand any additional fees for his services. Signed at Trog, N. Co, this 12th day of April, 1939. Wm. H. Bobbitt Judge CONSENT: ~..._ Andrew C. McIntosh A. B, Raymer Kttorneys for the Piaintiff =" G. MORDECAI AND JACK JOYNER Jack Joyner Attorneys for the Defendants. a Bat it dt dete t-te dei Jes SSPE IHESHBS AAAS NORTH CAROLINA, In the Superior Court IREDELL COUNTY. Before the Clerk Benj. T. Crump Company, Inc., ) Plaintiff, ) Vs. i NONSUIT W. L. Reynolds, treading and ' Joing business under the neme of the Motor Supply Company, 4 Defendant. j This cause coming on for heering before the Honoreble C. G. Smith, Clerk of the Superior Court of Iredell County, and it eppesring to the Court thet the defendant has neid to the pleintirf the principal, interest and Court costs lemended in the compleint filed in this ‘euse, and, therefore, thet all matters a.7 thines set forth in the compleint have been s«ttled; it further eppeers to the Court thet ell costs in this ection heve been peid to the Court in full by the pleintiff, end that th pleintiff is entitled to take e voluntery judgment of nonsuit, IT iS, THLNEPURE, OkbEKeD, alJUUGLI, ANU DiCHERD that the pledutift be, end it is, permitted to tee & voluntery Judgment of nonsult. This the 2hth dey of April, 1539. C. G. Smith Clerk Supertor Court of Tredell county. he } ’ vr , The nelpel, interest, and Court costs demanded in Bhe complaint filed in this ection heving tn this ection hevin been peid to the pleintiff, the pleintirf hereby tekes fr voluntery nonsuit, This the 2hth lay of April. } i ’ 4759 Adams, Deerman & winberr 2 4 ‘ mV 'y Attorneys for the Plaintiff, TIONED DEANE eRe RRR ee REeT In The Suvertor Court Home Owners?’ to, jor Owners’ Loen Vorporation vs Judgnent E. A. Cesh and wife, Mery Cash : This ceuse © coming on to be heard on this ekth dey of April, 115% before the undersign ed Clerk of the Su Perior Court of Ir and it eppesring to the co Iredell County, urt thet this is bY this plein ‘ 6n action for a Writ of Possession brought {Pegeinst the . “efendent for the possession of the property bed in peregreph two of the complaint and to recover rentel due thereon e 2 descr) the gth dey of December, 1438, at the rete of $25.00, per month. It further from th nears to the court that the ection was instituted on the 15th day of Februery, a and thet each of the of the defeniants wes served with copy of the summons ais on Februery 15, 19359; that more then thirty days have elepsed since the service of the summons and complaint, and neither of the defendants have riled swer, or otherwise plead in this cause. It now eppears to the court thet an @n ih y the plaintiff is entitled to the possession of the pro;erty end for rents from 1 nec. 9, 1938 to Feb. 15, 1959, et the rate of $25.00 per month. It is, therefore, ordered, adjudged and decreed, by the court that 6 writ of Pessession be issued out of this court to the Sheriff of Iredell County directing thet he forth-with expell the defendants from the property describca in the complaint and plece the plaintiff in possession thereof. It is further ordered and decreed that tne plaintiff recover of the defendants the sum of $54.00, as rents due for the use of said property. It is further ordered that the defendents pay the cost of this ection. Cc. G. Smith Clerk Superior Court of Iredell County * PERERA EER AAA ee ( North Cerolina In the Superior Court Iredell County Before the Clerk THE FEDERAL LAND BAK OF COLUMBIA plaintiff vs Order Vr “rs. Jenni: Neel Linker, (Wida ), Eiger N. Linker end wife, Grece E, Anker et al lefendants This order coming on to be heard before tiie undersigned Clerk 6f the Superior Court of Iredell County, and it apvearing to the court thet this *etlon was instituted in this court on November 2, 1438, alleging thet the lend Ban} Commissioner has or claims to have some interest in or lien on the "*Ptioned proverty and it now appears to the court thet the interest of the land Benk Commissioner is represented by e deed of trusf to W. 0. MoGibony, Trustee, ‘Mich ts owned by the Federal Farm hiortgage Corporation, and that the Federal P . “6'@ Mortage Corporetion hes come into this ection voluuterily and filed en endwer herein, end thet it is a proper party to the finel adjudication of this ection, Tt is, therefore, ordered, adjudged and decreed that the Federal Farm 7 f Mortgage Corporetion be aid it is hereby made a party defendant to this action, This 24th dey of April, 1939. Oo. G. Smith Clerk Superior Court Tredell county North Cerotina In the Superior Court Iredell County Before the Clerk THE FLDERAL LAND BA‘h OF COLUMBIA Pleintirf in : Judgment Mrs. Jennie Neal Linker, (widow), kdger N. Lihker and wife, Grece Linker, Mrs. : Elizebeth L. Cerrigan and husvand, truce Cerrigan, James C, Linker end wife Llizaveth C, ; Linker, Cherles F. Linker end wife, Jennette Linker, irs azel L. Lowrence and husband $ L. W. Lowrence, Kobert M. Linker and wife, Lucile Linker, Kay J. Linker, single, w. 0. MceGibony, $ Trustee, and the Federel Farm Mortgerze Corporation Defendants : This cause coming on to be heard before the undersigned Clerk of the Superior Court upon spplication of the plaintiff, The Federel Land Benk of Columbls, for a judgment by defeult finel unon its complaint end for want of an enswer of tue defend: nts, other than W. 0. MeGibdony, Trustee, and the Federal Farm Mortgege Cornoration, snd es to them upon their verified enswer and being heard, the court finds the followtne facts; 1. Thet sunmons wes duly issued in this cause on the 2d dey of lovembd, 1338, and has been served on ell of the defendants herein wore then thirty Jeys prior hereto, except i. O. McGibony, Trustee und the Federel Farm Mort, 6¢e Corpore! ome ir ) : fs : . , ified, wio have volunterily 1 end filed their enswer end the complaint, duly verifit was filed herein, es rq ired by lew, e cony of wiich wes duly served on ell of ti defendents; end the defendanis except bs nereinefter speciiically set out nave neither answered or demurred thereto and are in default. . The defendants, w. O. bicGibony and the Federal Ferm Mortage Corporen heving voluntserily come in eni filed their answer herein and each admitting te ellerations of the complaint. é. Theat this is en action besed upon the breach of en expressed cont. to pay absolutcly e sum of money, fixed by the terms of the contrect, to with, ® : ene ' srt race gar = 2 a ote na ortrure, end to foreclose the ortvege; that on or ebout tne 26th dey of Dee ber, 1319, We. H. Linker, now deceased end Jenuie Linker executed and deliveré to the Federel Land Bank of vo,umbia, the present owner and nolder thereof ®@ certein promissory note in the amount of FORTY Two HUNDRED end No/100 ( 2000.00) Dollers and vroviie for the payment of interest end payable as alleged . the complaint, and & mortguge of even dete thercuith recorded in the office of the Register of Deeds of Iredell County on the dth day of Jenuery, 1720, in Morteeé® - 47 at page 154 end on the 7th dey of Book 61 at page 26, to which reference in the complaint, Jenuery, 1521, in kowen County in Mor teege, € is made, end covering the lands describe 5- Thet since the execution and d - h ) 10 nd delivery of the mortgage eforesé the plaintiff has released a portion of seid lands from the execution of seid mortgare and that e xa r lescribed as ia descrintion of said lend heretofore not released is 20 All thet certain piece, parcel or tract of land containing one hundreé end one-tenth (106.1) ecres, known 4s the W. H. Linker place, situate, d being about four miles East of Mooresville, North Cerolina on the ad leeding from Mooresv le Road at a point East of w. P. Teeter'ts reek, partly in Atwell Township, Rowan County, and pertly in Goddle Creek Township, Iredell County and State of North Caroline, and having uch shapes, metes, Courses and distances as will more fully eppecr oy refercace ra a map thereof, mede by J, F, Gamble, Surveyor on December Ly, 1455, now in the possession of h, H. Linker and being bounded on the North by the Lends of R. Locke Kerriker, (formerly J. F. Allmon), end W. P. ‘leeter; Hest by the lends offi. p, Teeter and Jd. E, Powers; South by the lands of walter L. Poston; and west by the lands of R. Locke Karriker (formerly J. F. Allwon) and being more perticulerly described as follows; Beginning at a steke in the road, Welter L. Poston's corner; thence North 89 degrees 50 minutes West 73 poles to @ stone; tnence North 4 decrees 30 min. Hest 133-1/3 poles to a stone; thence South 8y degrees 15 iinutes Last 117 poles to a stone; thence South } degrees 50 minutes west 56 poies to a pine stump;thence South 85 degrees 50 minutes Kest ye6 poles to a stone; thence South 3 degrees 50 minutes West 106-2/3 poles to a stone; thence North 54 degrees jest 68 poles to the beginning. six lying en sandclay ro to Coddle © yh. That said remaining portion of said lend is an exsect description of the lends thet are now subject to the indebtedness of the plaintiff, 5. Thet the defendants have an interest in said property, either by reason of inheritance or junior lien holders end are nede perties to this ection in order thet the lands might be sold free and clear of any junior liens thereon; end it further appears to the court thet there is a second lien upon said property, which is secured by e deed of trust to uu. 0. MeGibony, Trustee for the Feierel Ferm Mortgace Corporetion in the sum of Two Thousend and No/100 ($2,000.00) Dollers es evidenced by & note dated Jen. 51, ly4y, end there is now due on seid note the sum of Two Thousend Une Hundred iighty Seven and 22/100 (§2187.22) Dollers with interest fror. Mer. 15, 133). 6. nat the facts alleged in the pleintiff's verified complaint ere true, except as otherwise found herein, end the conditions of the mortwage have been broken @nd trit there is now due the plaintiff the a:.ount set out in the next succeeding pererraph, being the amount alleged in the complaint, for which the plaintiff is entitled to judgment egainst the mortvagecd lands. It is therefore upon motion of the plaintiff's attorneys ordercd ’ : ’ 4 , édjudeed end decreed: 1, Thet the pleintirf, the tcderal Lend en of Co.wsrcie recover of the mortgaged premises the sum of One Thousand jifteen and 99/100 ($1015.5y) vollars, together with interest thercon from Sept. 1, 1458, et the rete of eight percent ver annum to the dete of entering judguwent nd from the date of judgment until paid, at the rate of six percent per anaum, together with the cost of this ection. - é. Thet unless the indeotedness djuiged to be due the pleintiff, including ‘ne cost of this action, is peid immediately, the lands herein described be sold &t public suction at the courthouse door in Iredell County on Mey 2y, 1449, and ét such sale, or resale, the federal Lend benk of Volumbia shall ve permitted to bid in order to protect ifs interest and should it become the purchaser cfter yeving the costs and the necessery disbursements, in this action, the amount of ae shell be credited upon this judgment, and eny excess shall be applied P © second Lien deed of trust of Wi. O. MeGibony, irustee for the Federal etm Mortgage Corpor: tion, 5- That the terms of the sale shall be cesh, this PA That Robert A, Collier, be and he hereby is, eppointed Commissioner of i." to advertise end sell to the lust dnd highest bidder therefor, upon hen M8 herein set forth, the mortgaged lands, described in this judgment end ao his proceedings hereunder with a complete statenent of receipts and the sinintice for further consideration and orders by this Court; thet unless bidder to ff becomes the purcheser the commissioner do require the the successful made eith devosit with him ten percent of the emount bid; such deposit to be ®pplie, er in cesh or by certified check, as evidence of good felth, and to be suc eeful the bid should there be e complience with the same; but should the of his big bidder feil to make such deposit imuedietely at the time of acceptance same or ung then the said premises shall be resold at such bidder's risk, on the 10Wever <a Some subsequent day to be designated by the pleintiff or its attorney; to comp] se oy the successful bidder make the said deposit end thereafter fail deposit aac” the said bid without just cause or legal excuse shown, then such be resold 1 be forfeited to the plaintiff, and the premises shell thereupon Purchaser? after hav ng been duly advertised, upon the seme terms and eat such r’s risk on some subsequent sales day to be designated by the plaintiff torney; thet the Commissioner shall be allowed an emount not to exceed ® accented bid as compensation for his services, Mortgage Corporation be and it is hereby made a party defendant to this action, This 24th dey of April, 1939. o. G. Smith Clerk Superior court redell county North Cerotina In the Superior dgourt Iredell County Before the Clerk TEE FLDERAL LAND BA‘vK OF COLUMBIA ‘ Plaintiff vs : Judgment Mrs. Jennie Neal Linker, (widow), Kiger N. Lihker and wife, Grece =. Linker, Mrs. 7 blizebeth L. Cerrigan and husvand, Bruce ; Cerrigan, Jemes C. Linker and wife Llizeveth oc, ; Linker, Cherles F. Linker end wife, Jennette Linker, irs ezel L. Lowrence and husband $ L. W. Lowrence, Kobert M. Linker and wife, Lucile Linker, Ray J. Linker, single, Ww. 0. MeGibony, $ Trustee, and the Federel Farm Mortgeze Corporation Defendants 3 This cause coming on to be heard before the undersigned Clerk of the Superior Court upon epplication of the plaintiff, The Federal Land Benk of Columbit, for a judgement by defeult finel unon its Complaint end for want of en answer of tae defendnts, other than W. 0. MeGibony, Trustee, and the Federal Farm Mortgage Corporetion, snd es to them upon their verified answer and being heard, the court finds the followtne facts: - 1. Thet susmons was duly issued in this cause on the 2d dey of Novesbe, » Sni fas been served on all of the defendants herein more then thirty deys prior hereto, except i, O. icGibony, Trustee and the Federal Ferm Morteaege Corporeit : eran sarees come in end tiled their enswer end the complaint, duly a bafentante: sad the Gaia os oy a, & covy of which was duly served ou all of lefendents; and the “nd@n.s except as hereinefter specifically set out nave neither answered or femurred thereto and are in default. The def: ndants, ww. heving volunterily ellerations of the U. MicGloony and the Federal Ferm Mortvage Corporetid come in eni filed their answer herein and each admitting te romplaint,. to pey absolut ween uea any eson besed upon the breech of en expressed contit ote end mortace ‘and to foreeis Saeee by the terms of the vontrect, bo with, ® Deccmber, 1519 - 4. Lin aoe the ortvege; that on or about tne 26th dey © to the FedeFal Lend Benk of Go-umbign ne Seaent nee at eeenes 6 Se : nvamé a dake a vO.UmD1iG, the present owne d nol theicof 4 ieee i einer Mie gess in the amount of FORTY Tio HUNDRED end No/100 ( $4.2000.09) complaint, and : capi she peysient of interest end psyable as alleged in the Register of Deeds of Teka a3 even dete thercwith recorded in the office of the 47 et page 15% end on th ell County on the 5th day of Jenuery, 1520, in Mortgeé® at pare 26. nn ne, (th dey of Jenuery, 1521, in Kowen County in Morteege Book 61 at pace 26. t whi ! ia the cummisins. Oo which reference is mede, end covering the lands described 5.0 3- Thet since the executio . the plaint h a. utron @nd delivery of the mortgage eforesel Dia@intiff has released a portion of said lands fron the execution of seid mortmere end that en exact r [ lescribed es follows; descrintion of Said land heretofore not released i8 ey 20 All thet certain piece, parcel or tract of land containing one hundreé end one-tenth (106.1) ecres, known as the W. H. Linker place, situate, six d being about four miles East of Mooresville, North Carolina on the easy road leeding from Mooresv lle Road at a point East of w. P. Teeter's o aeeale creek, partly in Atwell Township, Rowan County, and pertly in Coddle Creek Township, Iredell County and State of North Carolina, and naving such shapes, metes, Courses and distances as will more fully eppecr by refercace to a map thereof, mede by J. F. Gamble, Surveyor on December ly, 1935, now in the possession of w. H. Linker and being bounded on the North by the lends of R, Locke Karriker, (formerly J. F. Allmon), end W. P. Teeter; East oy the lends off. P. Teeter end J. E, Powers; South by the lands of Walter L. Poston; and west by the lands of R. Locke Kerrikes (formerly J. F. Allwon) and being more particulerly described as follows; Beginning at a steke in the road, Welter L. Poston's corner; thence North 89 degrees 50 minutes West 73 poles to @ stone; tnence North 4 desrees 30 min. Eest 133-1/3 poles to a stone; thence South by. degrees 15 winutes Last 117 poles to a stone; thence South degrees 40 minutes West 56 po.es to e pine stump;thence South 85 degrees 30 minutes East 5.6 poles to a stone; thence South 3 degrees 50 minutes West 106-2/3 poles to a@ stone; thence North 5 degrees fest 68 poles to the beginning. 4, That said remaining portion of said lend is an exact description of the lands that are noW subject to the indebtedness of the plaintiff. 5. Thet the defendants have an interest in said property, either by reason of inheritance or junior lien holders end ere sede perties to this action in order thet the lends might be sold free and clear of any junior liens thereon; and it further appears to the court thet there is a second lien upon said property, which is secured by e deed of trust to i. 0. MeGibony, Trustee for the Feiereal Farm Mortgage Corporetion in the sum of Two Thousand end No/100 ($2,000.00) Dollers es evidenced by e note dated Jen. 51, 1454, end there is now due on seid note the sum of Two Thousend Une Hundred iigh<zy Seven and 22/100 (§2187.22) Dollers with interest fror Mar. 15, 1339. 6, ‘hat the facts alleged in the pleintiff's verified complaint ere true, except as otherwise found herein, end the conditions of the mortgage heave been ; broken @nd thut there is now due the plaintiff the asount set out in the next h 4 succeeding paregraph, being the amount alleged in the complaint, for which the ! plaintiff is entitled to judgment egainst the mortgaged lands. It is, therefore, upon motion of the plaintiff's attorneys ordercd, edjudged end decreed: 1, Thet the pleintiff, the tederal Lend Lenk of Co.uwurie recover of the mortgaged premises the sum of One Thousand fifteen and 59/100 ($1015.5y) voilars, together with interest thercon from Sept. 1, 1458, et the rete of eight percent ver annum to the dete of entering judgient .nd from the date of judgment until paid, at the rate of six percent per anaum, together with the cost of this ection. 2. Thet unless the indeotedness djuiged to be due the pleintiff, including the cost of this action, is peid immediately, the lands herein described be sold ét public euction at the courthouse door in Iredell County on Mey ey, 1559, and et such sale, or resale, the Federal Lend benk of Lolumbia shall ve permitted to bid in order to protect ifs interest and should it become the purchaser efter paying the costs and the necessery disbursements, in this action, the amount of seg ag shell be credited upon this judgment, and eny excess shall be —— 7 € second lien deed of trust of li. O. MeGibony, irustee for the Federal mm Mortgage Corporsetion. 3- Theat the terms of the sale shall be cash, this os That Robert A, Collier, be and. he hereby is, eppointed Commissioner of the oo” to advertise and sell to the last and highest bidder therefor, upon Seca mS herein set forth, the mortgaged lands, described in this judgment and Fs spb his proceedings hereunder with a complete state:uent of receipts end the siceeeeee for further consideration and orders by this Court; that unless bidder .. itt becomes the purcheser the comuissioner do require the the successful nade oith devosit with him ten percent of the emount bid; such deposit to be applies er in cesh or by certified check, as evidence of good feith, and to be sue eeeful the bid should there be &@ complience with the same; but should the of h 4 bidder feil to make such deposit imuedietely at the time of acceptaiuce same or uo? then the said premises shall be resold at such bidder's risk, on the however te Some subsequent day to be designated by the pleintiff or its attorney; to comp} Should the successful bidder make the seid deposit end thereafter fail eposit lease the said bid without just cause or legal excuse shown, then such be resold all be forfeited to the plaintiff, and the premises shall thereupon Purchaser? after hav ng been duly advertised, upon the same terms and eat such OF its atte risk on some subsequent sales day to be designated by the pleintiff Sho orney; that the Commissioner shall be allowed an amount not to exceed © accented bid as compensation for his services, 4 5. That upon the sale of the said premises all the right, title interest and equity of redemption of the defendents, as well as all persons ’ whomsoever claiming by, through or under the same in and to the premises or eny pert thereof herein ordered to be sold, be end the same hereby are, forever barred and foreclosed. 6. That upon the confirmation of the sale of said lends by the Court, the terms of sale shall be immediately complied with, whereupon Commissioner s all 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; ang the proceeds of sele, after paying the costs of this action, the expenses of the sele, including the Commissioner's fee, and all unpaid taxes then Essessed uxon the property, shell be apolied first to the satisfaction of this judgment in favor of The Federsl Land Bahk =f Columbia and thereafter, until exhausted, in discherge cf all subsequent encumbrances in the order of their priority, and the surplus if eny shall be peid to persons entitled thereto. The cost of the requisite revenue sterips shell be paid by the purchaser, unless the pleintirr becomes the curchaser, in which event no steps are required. 7. Thst this judgement be recorded in Kowan County, N. C., end that the lends be aivirtised in Kowan County as well as Iredell County, N. C. This ehth dey cf April, 1534. ray C. G. Smith ht Clerk of the Superior court RRA RS ORG A ESERESE EER EERERSSERERSER ES AEEEER SER EEESREEEEEEREEEEEEEEESES DD 48 5S880RN North Carolina, , In the Superior Court, a Iredell County. 4 Before the Clerk. Hugh Holland, by his next friend, C. J. Holland V8e JUDGMENT Scarborough Chevrolet Co, 2 So oO Oo > This cause coming on Smith, Clerk of the Sesame aagens heard and being heard before His Honor, Ce. Gs Iredell County, North Carolina, and it appearing Sea caere tae ine atntutr and defendant in Uo Shore areiiind settee aie . and biden @ Waleniher ones a differences and the plaintiff comes in the Court to $7.40. ‘on=suit and the defendant is to pay the costs which amounts It is therefore ordered and suited and the defendant pay the cos adjudged that the above entitled action be nd- ts, This the 22nd day of April, 1939, Approved by: C. G. Smith Clerk of Superior court, Tred lewis & Lewis County, North Carolina. orneys for Plain J. F, Scarborough endant Met sei: tested Bese sete te te gy. Se 3: a6 os yt ee Sse se tt thse se ae oe Mest te sede segs Meese sede sede se se ge VRS se se esse eshte see se sete ttt 0: ( NORTH CAROLINA 4 IN THE SUPERIOR COURT IREDELL COUNTY ) BEFORE THE CLERK. R. Cc. Jenkins and Virginia Dare Jenkins PLAINTIFFS o¥5~ JUDGMENT , Bruce Fisher, J. Be Redman, ' S Mincenan and H. L. Thampson ; DEFENDANTS This cause coming on to be heard, and being heard, before His Honor, C. G. gmith, Clerk of the Superior Court, and it appearing to the Court that the plaintiffs caused a summons to be issued against the defendants on the 8th day of October, 1938, and that same, together with a copy of the complaint filed in this cause, was served onthe defendant, H. L. Thompson, on the l2th day of October, 1938; and it further appearing that H. L. Thompson has failed to answer, demur or otherwise plead to the complaint filed herein and that the time for answering, demurring or otherwise pleading has expired and that the plaintiffs are entitled to the relief demanded in their complaint; and it further appearing that H. L. Thompson is liable by reason of being a surety on the note set out in the complaint: | ; IT IS, THEREFORE, considered, ordered and adjudged that the plaintiffs recover of the defendant, H. L. Thompson, the sum of Five Hundred ($500.00) Dollars with interest thereon from the 15th day of June, 1937, at the rate of 6% per annum, until paid, together with the cost of this action to be taxed by the Clerk. This the 8th day of May, 1939. C. G. Smith Clerk of Superior Court. TBH HEHEHE GHMMHHEEIEE JHEHHHEIE JHHHEHHHEI: JHHEHHHHH: JHHHHMEISHes Hired 29 28 ( NORTH CAROLINA, IN THE SUB RIOR COURT . sie @AROLINA, In the Superior Caurt, IREDELL COUNTY. BEFORE THE CLERK. IREDELL COUNTY. Before the Clerk vs ) JUDGMENT OF NON SUIT | ration. Pleintirr, 0 C. E. Stikeleather, et al ) NONSUIT Vs. p, M. Barger Lumber Company, a corporation, oo So oS SO SS Defendant. This cause coming on to be heard and being heard before the undersigned Clerk of Superior Court for the County and State aforesaid, and it appearing to the Court that the plaintiff and defendants have compromised and settled their This cause coming on for hearing before the Honorable Carl G. Smith, differences, and the plaintiff now desires to take a voluntary non-suit in this Clerk of the Superior(Court of Iredell County, and it appearing to the Court tt action; the parties in this action have compromised and settled the matters and things It is therefore ordered, adjudged and decreed, upon motion of John C. alleged in the complaint, and that the plaintiff is entitled to take a voluntary Sharpe, Attarney for the Plaintiff, that this action be, and the same is hereby judgment of nonsuit; it further appearing to the Court that all costs in the non-suited, and the plaintiff is taxed with the costs. action have been paid in full by the Plaintiff, This the 16th day of May, 1939, IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED that the plaintiff be, and it is, permitted to take a voluntary judgment of nonsuit. C. G. Smith Clerk Superflor Court This the 25th day of May, 1939. = By Consent of: C. G. Smith Clerk Superior Court of John C. Sharpe Iredell County. Attorney for Plat etl? Lewis & Lewis ~H. t, lewls TAT ete FEET SESE RTE TESETERETETESE SESERESESEGEEESESESE GHEEGHIEGETTEGEGIE TEGEEGESEUEGESESEGe GRERIESESEESHESe4E eaeaede orneys for Defendant. PRET T Tote te dt ted te setbataees Bete todos { NORTH CAROLINA, ee ee ee Ast eee ee ae BRRRRR RIT BRRRRD ied No. 365 Spring Term, 1939 SUPREME COURT. Iredell County. State vs § JUDGMENT Emmett Maxwell } OF DISMISSAL UNDER RULE 17 General, under Rule 47> to docket and dismiss the appeal of the Defendant from the uperior Court of Ir edell County: - Upon Bonsideration whereof, it is ad judgeé » that the motion be allowed, and that it be so certified to t®. said Superior Court: to the intent that th © appeal be and the same is hereby dismissed according to law. Judgea further, that the defendant do pay to wit, ¢ ssue therefor, » the sum of | the costs in this Cour 6.05), and execution 4 Six 05/100 dollars Edward Murra Supreme Court Clerk F A true copy, (Official beat) | | a oo IN THE SUPERIQ® COURT MAY TERM 1949 31 MONDAY, MAY 22nd, 1939 ORTH CAROLINA, IN THE SUPERIOR COURT, IREDELL COUNTY. MAY TERM, 1939 Be it remembered that a Superior Court was begun and held in and for the Gouty and State aforesaid at the Yourthouse in Stabesville, N.C. on the 22nd day of May, 1939, at 10:00 o'clock A.M., when and where His Honor, Wm. H. Bobbitt, Judge Presiding, and holding courts of the Fifteenth Judicial District, Spring term, 1939, 18 present and presiding, andthe Honorable Charles L. Coggin, Solicitor and Prosecuting Attorney for the Fifteenth Judicial District of North Carolina, is present and prosecuting in the name of the State, and John White Moore, High Sheriff of Iredell County, is present and opened Court by order of the Court, John White Moore, High Sheriff of Iredell County, returned into open Court the names of the following good and lawful men to serve as jurors for this the First Week of the May Term, 1939, Iredell Superior Court, to-wit: C. T. Shinn B. A. Holmes C.O. Plyler Glenn Reid D. I. Troutman Tal (DeWitt) Price Joe Keever V. L. Wagner J. L. Reid C. Le. Leckie Fielding Clendenin K. L. Miller : | J. Mott Brown Vance McDaniels J. D. Cochran, Jr. | C. 0. Bumgarner D. J. Pharr R. C. Stroud | J. R. Allison Henry Martin Hugh M. Cartner Edmund Cashion R. R. McNeely R. C. Holland J. Mott Brown and K. L. Miller excused by the Court D. I. Troutman, excused on account of sickness. R. C. Stroud, not returned. T. Z. Sherrill, sworn as Officer to Grand Jury. v No. 1 State NON SUPPORT. - ) Nol Prosed With Leave. Henry Hines ) v Sane COMPLIANCE WITH COURT ORDERS. a 4 Continued under former orders. ® Fox No. 31 State A.W.D.W. vs Donald Blevins Alias Instanter Cap$as. No, 32 State A.W.D.W. vs Alias Instanter Capias. >-> >< lee F. Blevins No. 1 State vs Hoyt M. Lippard NOe 7 State vs James Watts Noe 52 State vs Samuel Hiatt No. 63 & 64 State vs F. E. Carver No. 69 State vs Thomas Wm. Chandler No. 80 State vs Andy Moose No. 92 State vs Glenn Privette No. 95 State vs Jimmie Canpbell Noe 105 State vs Felton Dalton No. 130 State va Charlie Daniel No. 131 State vs Eugene Johnson i — ooo oS oonocmm— >> <—_> _ >] -_> -2]_>—_:> oc: co <—_ o<.- << ">> <-> -_--<—2° 2]: <—_> IN THE SUPERIOR COURT MAY TERM 1939 MONDAY, MAY 22nd, 1939 Continued under former orders, RECKLESS DRIVING. Continued under former orders. ATTEMPTED RAPE Continued under former orders, FORGERY @ GIVING WORTHLESS CHECK Alias Instanter Capias,. FRAUD, Alias Instanter Capias. BIGAMY Continued under former orders, Be. E. & LARCENY Alias Instanter Capias, FAILURE TO SUPPORT BASTARD CHILD Blias Instanter Capias, LARCENY Continued under former orders, BREAKING & ENTERING, & LARCENY Continued under former orders, BREAKING, ENTERING & LARCENY, Continued unier former orders, i No. 5 State vs James Dorsett v No. 96 state vs Gilmer Sherrill / Nos. 166, 167, 168 State vs y Herman Hellyard / No. 149 State vs Frank Frye / Nos. 150 & 1 State ? - vs Frank Prye and Roy Smith Nos, 141, 1y2, 143 (state ut? 45» 146 Simese Mills ooo om em —_—o]> >= “Ooo mS IN THE SUPERI@ COURT 33 MAY TERM 1939 MONDAY, MAY 22na, 1939 DRUNK & DISORDERLY and RESISTING ARREST The defendant pleads Guilty to Public Drunkedness, which plea the Solicitor accepts. It is judgment of the Court that the defendant be confined in the common jail of Iredell County for a period of THIRTY DAYS and be assigned to work on the roads as provided by law, but it appears to the Court that the defendant has been confined in jail, awaiting trial, for more than 30 days. It is therefore ordered that the defendant be released from custody, he having been in confinement for more than 30 days. NON COMPLIANCE WITH COURT ORDERS. It appears to the Court that the fine and cost in this case have not been paid. tt is therefore ordered that Instanter Capias, and Commitment issue immediately, putting into effect the Four Month road sentence imposed in this case at the January Term, 1939, said sentence to begin as of May 19th, 1939. LARCENY & RECEIVING (Three cases) The defendant pleads Not Guilty in each case, The Court, in its discretion, orders these three cases consolidated for trial. The following jury: C. T. Shinn, Joe Keever, C. L. Leckie, C. O. Bumgarner, J. R. Allison, Edmund Cashion, B. A. Holmes, V. Le Wagner, Fielding Clendenin, Vance McDaniels, D. J. Pharr and Henry Martin, being duly sworn and empanelled, answer, and for their verdict, say they find the defendant Herman Hellyard GUILTY OF LARCENY IN EACH OF THE THREE CASES. All three cases are consolidated for judgment. The defendant having been found Guilty by the jury, it is ordered that the defendant be confined in the +redell County Jail, and be assigned to work on the roads as provided by law for a term of TWELVE MONTHS. LARCENY & RECEIVING. A TRUE BILL. HOUSEBREAKING, ENTERING & LARCENY. A TRUE BILL. FORGERY (6 cases) TRUE BILLS ORDER . This case is continued upémrcondition the defendant pays into the Clerk of Court's office at this time, the sum of $66.00, which shall be applied first on the cost and the balance remaining, if any, shall be applied on the amount which the defendant is ordered to pay to Clarence Summers, and the Court reduces the amount of said payments to Clarence Summers, from he! per week to $3.50 per week beginning June 5rd, 1939. ae a a Frank Frye No. 150 State vs Frank Frye’ No. 151 State vs Roy Smith No. 155 State vs Se Be Johnson No. Uy) State vs Edward Mills No. 146 State vs Edward Mills’ Nos. 1y1, 12, State 13» us vs Edward Mills ooome osfS ><> 2<oS>_> a ed 2|- Coo om te | IN THE SUPERIOR COURT MAY TERM 1939 MONDAY, MAY 22nd, 1939. LARCENY. The defendant, through his attorney, John R, McLaughlin tenders a plea of Nolo Contender. ’ This case 1s consolidated with Case No. 150 for judgment, HOUSEBREAKING, ENTERING & LARCENY. The defendant, through his attorney, John R, McLaughlin tenders a plea of Nolo Contender. . Upon the defendant's plea of Nolo Contendre as to 811 cout; Judgment of the Court is that the defendant, Frank Frye, } confined in States Prison at Raleigh, N. C., for a term of ONE YEAR. HOUSEBREAKING, ENTERING & LARCENY. The defendant, through his attorney, John G. Lewis, tenders a plea of Nolo Contendre,. Upon the defendant's plea of Nolo Contendre, as to &11 counts, Judgment of the Court is that the defendant, Roy Smith, bh confined in States Prison at Raleigh, N. C., for a tem of ONE YEAR. BREAKING, ENTERING & LARCENY, The defendant, through his attorney, John A. Scott, tenders a plea of Nolo Contendre, of LARCENY, which plea the State accepts. Upon the defendant's plea of Guilty of Larceny, judgment of the Court is that the defendant, S. B. Johnson, be confined in States Prison at Raleigh, N. C. for a period of ONE YEA, & and pay the cost. The prison sentence is suspended, and the defendant is placed on probation under the North Caroli Probation Commission, for a period of Three Years. FORGERY, The defendant pleads Guilty. Consolidated with Case No, 146 for jucgment. FORGERY. The defendant pleads Guilty, This case is consolidated with #14 for judgment as follows: Judgment of the court is th at the defendant be confined in a any oy County Jail, and be assigned to work on the resi provided by law for a period of SIX MONTHS, FORGERY () cases) Nol Prossed With Leave, HIT & RUN DRIVING. Nol Prosed With Leave, Noe 161 State 8 wc. J, Le Thompson ( No. 147 State vs Hugh Jacobs ¥ Nos. 170 & 171 State vs Bristol Bell 0 0 0 ) ooo = IN THE SUPERIOR COURT MEY TERM 1939 oo MONDAY, MAY 22nd, 1939. ASSAULT ON FEMALE, The defendant, through her attorney, John R. McLaughlin, pleads Not Guilty. The following jury was duly sworn and empanelled, to-wit: C. T. Shinn, Joe Keever, C. L. Leckie, Re R. McNeely, J. R. Allison, Edmund Cashion, B, A. Holmes, V. L. Wagner, Fielding Clendenin, Vance McDaniels, D. J. Pharr, Henry Martin. At the close of the State's evidence, the defendant, through hér attorney, John R. McLaughlin, makes motion for judgment of non-suit. Motion allowed and case dismissed and defendant is hereby discharged, FORGERY. The defendant pleads Guilty. Upon the defendant's plea of Guilty of Forgery, Judgment of the Yourt is that the defendant be confined in Iredell County Jail and be assigned to work on the roads as provided by law for a period of SIX MONTHS, but the road sentence is suspended on condition that the defendant pay the cost of this case at this term of Court and on the further condition that he does not violate any of the criminal laws of the State of North Carolina for a period of Two years, A.W.D.W. WITH INTENT TO KILL and CRIME AGAINST NATURE. The defendant, through his attorney, John G. Lewis, pleads ! Not Guilty in each case, 14 These cases are, in the discretion of the Court, consolidated for trial, The following Jur : C. T. Shinn, Glenn Reid, Joe Keever, C. O. Plyler, k. R: McNeely, J. R. Allison, Fielding Clendenin, Vance McDaniels, D. J. Pharr, Henry Martin, Hugh M. Cartner, and R. C. Holland, were duby sworn and empaneliled. Pending trial, Court edjourns until Tuesday Morning, May 23rd, 1949, at 9:30 o'clock. This Honorable Court takes recess until Tuesday Morning, May 23rd, 1939, at 9:30 o'clock. WA Lt 6” JUDGE ESIDING. ila etapa one ee IN THE SUPERIOR COURT MAY TERM, 1939 WUESDAY, MAY 23rd, 1939 This Honorable Court convenes acwrding to adjournment on Tuesday Morning, May 23rd, 1939 at 9:30 o'clock. No. 73 State vs G. S. Washburn No. 163 State vs George Wilson No. 160 State vs Roy Phifer No. 103 State vs R. P. Wilhelm No. 171 “tate vs Bristol Bell No. 170 State vs Bristol Bell >_>! ooo oes. —_:) <_—_>_)><-: SCI FA ON BOND. The motion for judgment on the Sci Fe in this cage 1s conti Nu until the August Term, 1939, A.WeD.W. WITH INTENT TO KILL. Nol Prosed With Leave, DRIVING DRUNK, Called and Failed. Judgment Instanter Capias. EMBEZZIEWENT, Under the defendant's plea of Guilty of the crime of Embezzlement (Entered at Jan. Term, 1939) Judgment of th Court is that the defendant be confined in the States Prison at Raleigh, N.C. for a period of THREE YEARS, but this sentence is suspended, and the defendant is placed on probation under the North Carolina Probation Commission for a period of Three Years, The defendant is ordered to pay the costs of this action at this term of Court. CRIME AGAINST NATURE. The jury, heretofore sworn and em i panelled in this case finds the defendant, Bristol Bell, GUILTY OF THE CRIM’ AINST NATURE as charged in the Bill of Indictment. The defendant having been found Guilty b a jury of having see a Yrime Against Nature, Selves a the Court 1s : the defendant be confined in States Prison at Raleig orth Carolina for a period of FIFTEEN YEARS. A.W.D.W. WITH INTENT TO KILL. The jury, heretofore sworn and empanelled in this case, finds the defendant A DEADLY weapon.’ “Y?8tl Bell, GUILTY OF ASSAULT WITH The defendant havi “ith a Deadly Weapes defendant be confined been found Guilty by a jury of Assault oo of the Court is that ja ay n common jail of Iredell Cou a peoten name a 7 the reese" al provided by 1am ie . Ls n sentmce imposed in Case No, — 7 oe / NOe 159 State vs John Marshall { Nos. 153, 152, 15) State Vs Jude Marshall (w) Harvey Propst (c) Clifford conner (c) IN THE SUPERIQ COURT 3% MAY TERM, 1939 WHESDAY, MAY 23rd, 1939 ) 4 0 : ‘ : “State of North Carolina MURDER. C. T. McNeely, Foreman of the Grand Jury, together with the body of the Grand Jury, eighteen in all, comes into open Court and presents to the Court the following Bill of Indictment; in words and figures as follows: SUPERIOR COURT Iredell county. May Term, 1939 THE JURORS FOR THE STATE UPON THEIR OATH PRESENT: That John Marshall, late of the Cowmty of Iredell, on the 19th day of April, A.D., 1939, with foree and arms, at and in the said Younty, unlawfully, willfully, feloniously, and of his malice aforethought, did kill and murder Bill Lambert, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State. Charles L. Coggin solicitor No. 159 STATE Vs John Marshall INDICTMENT MURDER a WITNESS H. M. Reid xX Carl Bailey X John Isenhour x Those marked X sworn by the undersigned foreman, and examined before the Grand Jury, and this bill found true bill TRUE BILL C. T. McNeely “Foreman of the Grand Jury BREAKING, ENTERING & LARCENY (as to each defendant ) The defendants, and each of them, plead Not Guilty. Upon motion of the Solicitor, and in the discretion of the Court, these cases are consolidated for trial. The following jury: C. T. Shinn, JecLs Reid, Joe Keever, R. Re McNeely, J. R. Allison, C. 0. Plyler, Fielding Clendenir, Vance McDaniels, D. J. Pharr, Henry Martin, Hugh M. Cartmer, and R. C. Holland, being duly sworn, answer; and say they find the defendant JUDE MARSHALL GUILTY OF BREAKING, ENTERING AND LARCENY as charged in the bill of indictment; that they find the defendant HARVEY PROPEST GUILTY OF BREAKING, ENTERING AND LARCENY as charged in the Bill of Indictment; and that they find the defendant Glifford Conner GUILTY OF RECEIVING STOLEN GOODS KNOWING THE SAME TO HAVE BEEN STOLEN. Noe 153 State vs Jude Marshall No. 152 State vs Harvey Propest No. 154 State vs Clifford Conner No. 165 State vs Smiles C. Burgess HE SUPERIOR COURT MAY TERM 1939 TUESDAY, MAY 23rd, 1939 BREAKING, ENTERING & LARCENY Te defendant having been found guilty by a jury of Brea; Entering and Larceny, Judgment of the Court is, all thre ° counts being consolidated for judgment, that the defendan: ,, confined in the States Prison at Raleigh, North Carolina fy) a period of TWO YEARS. BREAKING, ENTERING & LARCENY The defendant having been found guilty by a jury of Breakiy, Entering and Larceny, Judgment of the Court is, all three counts being consolidated for judgment, that the defendant » confined in the States Prison at Raleigh, North Caroline fy a period of TWO YEARS. Mis sentence to begin at the expinit of the sentence the defendant is now serving on the roads, RECEIVING STOLEN GOODS KNOWING SAME TO HAVE BEEN sTOLEN, The defendant having been found guilty by a jury of Receiviy Stolen Goods Knowing the Same to Have Been Stolen, Judgment ¢ the Court is that the defendant be confined in the Credeil County Jail and be assigned to work on the roads as provitei by law for a period of THREE MONTHS. This sentence to begin at the expiration of the road sentence he is now serving, MURDER. C. T. McNeely, Foreman of the Grand Jury, together with te body of the Grand Jury, eighteen in all, somes into open Cor and presents to the Court the following Bill of Indictment, in words and figures as follows: "STATE OF NORTH CAROLINA SUPERIOR COURT Iredell County. MAY Term, 1939 THE JURORS FOR THE STATE UPON THEIR OATH PRESENT: That Smiles C, Burgess late of the Coumty of Iredell, on the 16th day of March, A.D., 1939, with force and arms, at and in tl said County, mlawfully, willfully, feloniously, and of his malice aforethought, did kill and murder Henry C. Summers contrary to the form of the statute in such case made and provided, and against the peace and dignity of the States Charles L. Coggin c Or « No. 165 STATE vs Smiles C. Burgess INDICTMENT MUR DER WITNESS Oscar Reavis J. W. Moore Hoover Sheriff Atkinson Ralph Gilbert x A. Y. Alexander C. R, Bailey x Hs. M. Reid x =, Carl Kirkman x ose marked X sworn by the under= semen foraman;, and examined pefore the and Try and this bill found 4 TRUB & 2 s1+ Moleel Foreman of the @ ) Q Q ) IN THE SUPERIOR: COURT MAY TERM, 1939 TUESDAY, MAY 23rd, 1939 ATTEMPTED RAPE Mr. John G. lewis, and My, David J. Craig, Jr. appear in this case as Private Prosecution. The defendant, through his attorneys, John R. McLaughlin, and He Je Hatcher, pleads Not Guilty. Te following jury: C- f", Shinn, Tal Price, Joe Keever, C. O« Plyler, Re R. WceNeely, J. Re Allison, Fielding Clendenin, Vance McDaniels, D. J. Pharr, Js D. Cochran, dre, Hugh M. Cartner and R. C. Holland, were duly sworn and empanelled. Pending trial Court takes recess until Wednesday Morning May 2yth, 1939 at 9:30 o'clock. This Honorable Court takes recess until Wednesday Morning, May 2th, 1939, at 9:30 o'clock A.M. HA Goto JUDGE PRESIDING. IN THE SUPERIOR COURT MAY TERM 1939 WEDNESDAY, MAY 2kth, 1939 This Honorable Court convenes according to adjournment on Wednesday, May 2th, 1939 at 9:30 o'clock, A.M. No. 156 ) A.W.D.W. WITH INTENT TO KILL, State ( Mr. J. G. Lewis appears as Private “rosecution in this cay, vs ) The defendant, through his attorneys, John R, McLaughlin gy; Wilmer Harris ) J. H. Burke, tenders a plea of Guilty of Assault With Deady Weapon, which plea the State accepts. Prayer for judgment is continued until the August Term, 199, Noe 162 ) FORGERY State ) The defendant pleads Not Guilty. vs ) Carl Morrison ) The following jury: Henry Martin, V. L. Wagner, Edmund Clendenin, B. A, Holmes, C. L. Leckie, J. L. Reid, C. 0, Bumgarner, T. J, Murdock, W. C, Perry, Fred Sills, Ww. M, Reid and G. M. Young, being duly sworn, anéwer, and for their verdict, say they find the defendant GUILTY OF FORGERY as charged in the Bill of Indictment, The defendant having been found Guilty of Forgery, Judgment of the court is that the defendant be confined in the Ine County Jail and be assigned to work on the roads as provided by law for a period of SIX MONTHS, but this road sentence {: suspended on the following camditions: (1) That the defendant pay the cost at this term of cout, (2) That the defendant does not violate any of the criminal laws of the State of North Carolina for & period of Two Years, No. 158 QRAPE, —" bo. T, McNeely, Foreman of the Grand Jury, together with th body of the Grand Jury, eighteen in all, comes into open Q Court, and presents to the Court the following Bill of Indictment, in words and figures as follows: Chicken Lackey "STATE OF NORTH CAROLINA, SUPERIOR COU? Iredell County, 8 May Term, A.D., 193 E FOR THE STATE UPON THEIR OATH PRESENT: ‘ht Chicken Lackey late of the County of Iredell, on the 17th day of April, A.D, 1939, with force and arms, at and in th » unlawfully, willfully and feloniously dé ma Coble a female, and her said Thelma Coble feloniously, by force and against her will, a and carnally know against the form of the statult th case made and provided he peace and dignity of the State, P ed and against the pe Charles L. Coggim No. 158 STATE vs Chi¢ken Lackey een INDL CTMENT RAPE WITNESS Thelma Coble x atrice Patterson Maggie Alexander James Borders x Carl Patterson x Mary Coble x x 2h: J. Cs Reece IN THE SUPERIQ COURT 41 MAY TERM, *3pe WEDNESDAY, MAY 2uth, 1939 Those marked X sworn by the undersigned foreman, and examined before the Grand Jury, and this bill foujd A TRUE BILL C. T. pee Boreman of the Grand Jury REPORT OF GRAND JURY MAY TERM IREDELL COUNTY SUPERIOR COURT We have duly passed on all Bills presented to us and submit the following report: We visited the County Home by committee and found seventeen white women, twenty white men, seven colored men prisoners, two colored women prisoners. We found the following livestock: five mules, two bulls, three heifers, fifteen milk cows, twenty-two hogs, four hundred baby chicks, fifty hens, plenty of hay six hundred jars of fruit, twenty-four hams, to feed the stock. Provisions: twenty-two sides, eleven shoulders, seventy-five bushels of wheat, one hundred and sewénty-five bushels of corn, forty-nine pounds of bran, nine thousand one hundred and seventy-seven pounds of flour, twenty-two acres in wheat, twenty-two bushels of sweet potatoes, three barrels of molasses, fifty acres in corn. We went through the buildings and found them still working on some of them. Where finished they are in good shape and inmates seem satisfied with treatment. The keeper says he needs nere help on farm. They report eighty-six white They report the We visited the State Prison Camp, No. 906. prisoners, all out at work except one cripple and three cooks. following provisions: twenty-eight pigs and shoats, one hundred hens and fifty friers, The quarters are in good shape. We visited the County Jail and found fourteen white men, six colored men, oné white woman, &nd two colored women. The Jail is in good shape and the Prisoners report satisfactory treatment. We gisited all the County Offices and found the records well kept. We recommend that the County Commissioners make some provisions in the budget for vault space for Clerk's and Register's Office. Respectfully submitted, C. T. McNeel Foreman Granda Jury 42 IN THE SUPERIOR COURT MAY TERM, 13 WEDNESDAY, MAY 2th, 1939 \ No. 132 ) ATTEMPTED RAPE. State ) vs ) Case submitted to Jury. No verdict reached ang pend Howard Pruette ) deliberation by the jury, Court takes recess until tng Thursday Morning at 9:30 o'clock. v Noe 159 State vs ae? Samm John Marshall e e defendant, through his attorneys, J. H. Burk vs ) G. Lewis tenders a plea of GUILTY OF SECOND a a John Marshall ) which plea the State accepts. COND DEGREE MURIRR v Pending examination of witnesses, Co Thursday Morning » Court recesses unti)] Wo. 165 State vs Smiles C. Burgess This Honorable Court takes recess until Thursday Morning, May 25th, 19% NA Berth - I JUDGE PRESIDING at 9840 o'clock, No. 148 : State vs Charlie Rash vs Howard Pruette , / No, 158 State vs ! Chicken Lackey } i / | No. 132 State Wo, ] State”? Vs Hubert Sherrii1 ad ooo ono oOo xm oo oOo <> 2 oO Om! IN THE SUPERIOR COURT MAY TERM, 1939 THURSDAY, MAY 25th, 1939 43 This Honorable Court convenes according to adjournment on Thursday Morning, May 25th, 1939, at 9:30 o'clock. SECOND DEGREE MURDER. Upon the defendant's plea of Guilty, Judgment of the Court is that the defendant be confined in States Prison at Raleigh North Carolina for a period of TWELVE YEARS. MURDER. Mr. J. G. Lewis appears with the State as Privete Prosecution in this case, The defendant, through his counsel, Jom R. McLaughlin and J. H. Burke, tenders to the State a plea of GUIITY OF MANSLAUGHTER, which plea the State accepts. Upon the defendant's plea of Guilty of Manslaughter, Judgment of the Court is that the defendant be confined in the States Prison for a period of FIFTEEN YEARS. ATTEMPTED RAPE. The defendant, through his attorney, John G. Lewis, tenders to the State a plea of GUILTY OF ASSAULT ON FEMALE, which : plea the State accepts. Upon the defendant's plea of Guilty of Assault on Female, Judgment of the Court is that the defendant be confined in the Iredell Cowmty Jail and be assigned to work on the roads as provided by law, for a period of TWO YEARS. ASSAULT ON FEMAIE. Upon the defendant being found Guilty of Assault on Femle by a jury, judgment of the Court is that the defendant be confined in the +redell County Jail and be assigned to work on the roads as provided by law, for a period of TWO YEARS, but this sentence is suspended and the defendant is placed on probation under the North Carolina Probation Commission for a period of Five Years. The defendant is further required to pay the cost at this term of Court. As a special condition, it is ordered that the defendant shall not loaf, loiter or hang around road-houses. RAPE. Mr. J. H. Burke appears in this case as Private Prosecution. The defendant, through his attorney, John R. McLaughlin, tenders to the State a plea of GUILTY OF ATTEMPTED RAPE, which plea the State accepts. Upon the defendant's plea of Guilty of Attempted Rape, Judgment of the Court is that the defendant be confined in the State's Prison for a period of FIFTEEN YEARS. ABANDONMENT & NON SUPPORT. Prayer for judgment continued until August Term, 1939. This Honorable Court takes recess until Friday Morning, May 26th, 1939 at 9:30 O'clock A.M, We. Ort LE i Oe aL LDL Paes | nee IN THE SUPERIOR COURT MAY TERM, 1939 FRIDAY, MAY 29th, 1939. This Honorable Court convenes according to adjournment on Friday Morning, May 26th, 1939, at 9:30 o'clock AoMe. The Statesville Bar Asmciation met and went over the Civil Trial Calendar for the week of May 29th. This Honorable Court takes recess until Monday Morning, May 29th, 19% WA Gti te at 10:00 o'clock. IN THE SUPERIOR COURT SECOND WEEK - MAY TERM MONDAY, MAY 298K, 1939. This Honorable Court convenes according to adjournment on Monday Morning, May 29th, 1939 at 10:00 o'clock. i J. W. Moore, High Sheriff of Iredell County, returned into open Court the names of the following good and lawful men to serve as jurors for this the Second Week of the May Term, 1939 Iredell Superior Court, to-wit: Earl Mchuley, J. C. McNeely, Ce Ernest Lowrance, N. S. Mason, R. L. Kerr, Je G- Harwell, T. A. Reid, Se D. Grose, Sem J. Rimmer, W. S. Jolly, W. P. Feimster, Charles Adkins, G. V. Stewart, J. A. Walker, Silas W. Sherrill, J. A. Deaton, Grover C. Mayberry, J. EB. Stine, Marvin W. Smith, Rutherford 5. Templeton, F. S. Honeyféutt, Thos. Je Crawford, J. F. Sloop and J. P. Collins. J. Fe Sloop, not returned; Je P. Collins, dead FP, S. Honeycutt anc Thos. J. Crawford, excused by the Court. The following jury will hereinafter be termed the "Divorce Jury", viz: Barl McQuley, J. C. McNeely, C. Erne st Lowrance, N. S. Mason, R. L. Kerr, Je G- Harwell, T. A. Reig, S- D. Grose, Sam J. Rimmer, W. S. Jolly, W. P. Feimster and Charles Adkins. No. 1573 DOWORCE. vs Myrtle M. Hutchens empanelled, answer the issues Bubmitted to it as follows: Q J. Fred Hutchens ) The above-mentioned "Divorce Jury" being duly sworn and 4 North Carolina, In the Superior Court, Iredell County. May Term, 1939 J. Fred Hutchens ) V8. Myrtle M. Hutchens } 1. Did the plaintiff and defendant intermarry, 48 alleged in the complaint? Answer: Yes. 2. Did the defendant abandon the plaintiff and have they lived separate md apart from each other for more than two years, 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 years next preceeding the commencement of this action, 88 alleged in the camplaint? Answer: Yes. IN THE SUPERIOR COURT SECOND WEEK - MAY TERM MONDAY, MAY 29th, 1939 North Carolina, In the Superior Court, Iredell County. May Term, 1939 Je Fred Hutchens V8. 0 JUDGMENT ) Myrtle M. Hutchens This cause coming on to be heard and being heard at this Term of the Superior Court of Iredell County before His Honor, William H, Bobbitt, Judge Presiding, and a jury, and the jury having answered the issues submit ted to it by the Court in favor of the plaintiff and against the defendant, 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 th ss are disolved, and the plaintiff is granted an absolute divorce from the defendant, Wm. H. Bobbitt Judge Presiding HH HH HH ee ee ego He i ee No. 1598 ) DIVORCE. David Mitchell 4 VS. ) The "divorce jury" being duly sworn and empanelled, answer ti Gladys Mitchell 4 issues submitted to it as follows: “s ‘ North Carolina, In the Superior Court, Iredell County, May Term, 1939 David Mitchell vs. I Gladys Mitchell SSUES ooS=— 1. Did the plaintirr and defendant intermarry, as alle ged in the comp Answer: Yes, 2. Did the defendant and th other for more than two years, as alieee Answer: Yes, Plaintiff live separate and apart fron d in the complaint? 3+ Has the plaintiry Carolina for more than two pale toes @ bonifide resident of the State of Nort? as alleged in the complaint? Preceeding the commencement of this actim™ Answer: Yes, IN THE SUPERIOR COURT 47 SECDND WEEK - MAY TERM MONDAY, MAY 29th, 1939 / North Carolina, In the Superior Court, or | Iredell County. May Term, 1939 David Mitchell ea JUDGMENT -_<3S.Soco—> Gladys Mitchell This cause coming on to be heard and being heard at this Term of the Superior Court of Iredell County before His Honor, William H. Bobbitt, Judge Presiding, and a jury, and the jury having answered the issues submitted to it by the Court in favor of the plaintiff and against the defendant, as set out in the records It is, therefore, ordered and adjudged by the Court that the bonds of matrimony heretofore existing between the plaintiff and defendant, be, and the same are disolved, and the plaintiff is granted an absolute divorce from the defendant. Wm. H. Bobbitt Judge Presiding % £ it x + + % t% & + & { No, 1683 ? DIVORCE Frank Moore ) vs ) The "divorce jury" being duly sworn and empanelled, answer the Hazel Moore § issues submitted to it as follows: Nor th Carolina, In the Superior Court, Iredell County, May Term, 1939. . Frank Moore, 9 ) Vs ) ISSUES 0 Hazel Moore 4 Were Plaintiff and Defendant married as alleged in the Vomplaint? Answer: Yes. Did the Defendant and the Plaintiff live separate and apart for more than two years, prior to the filing of this complaint? Answer: Yes. Has Plaintiff been a resident of Iredell County, North Carolina for = more than one year prior to the filing of this complaint? Answer: Yes. -O- -O=— #O- «O=- OO ae Saal IN THE SUPERIOR COURT SECOND WEEK -- MAY TERM MONDAY, MAY 29th, 1939 North Carolina, In the Superior Court, Iredell Cowmty. May Term, 1939 Frank Moore, Vs | JUDGMENT ‘ Hazel Moore This cause coming on to be heard and being heard at this Term of the Superior Court of Iredell County, Narth Carolina, before His Honor, Wm. H, Bobbitt, Judge Presiding, anda jury, and the jury having answered the issues submitted to it by the Court in favor of the Plaintiff and against the Vefendant, 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, frank Moore and the defendant, Hazel Moore, be, and the same are hereby disolved, and the plaintiff is granted an absolute divorce from the defendant. Wn. H, Bobbitt Judge Fresiding + & e+eeek te eee ete eee ee he ee eet No. 168) ( DIVORCE, Mrs. Ethel Harbin 0 vs " wae eek The “Divorce Jury" being duly sworn and empanelled, answr the issues submitted to it as follows: North Carolina, In the Superior Court, Iredell County. May Term, 1949. Mrs. Ethel Harbin ) 4 vs ISSUES8 J. Frank Harbin ( l. Answer: Yes. 2. Has the Carolina for teo wears neat been a bona fide resident of the State of North or more next preceding the commencement of this action? Answer: Yes, 3. Have the plaintiff each other for five years next preceding the oem lived separate and apart from he commencement of this action? Answer: Yes, D , id the plaintiff and defendant intermarry, as alleged in the compli IN THE SUPERIOR COURT 49 SECOND WEEK -- MAY TERM MONDAY, MAY 29th, 1939 ¥ Worth Carolina In the Superior Court, pupusa County May Term, 1939. urs. Ethel Harbin { is JUDGMENT J, Frank Harbin 4 Tis cause coming on to be heard at the May Term, 1939, of Iredell guperior Court before His Honor, Bobbitt, Judge, and a jury, and being heard by the jury upon the evidence introduced in Court; and the jury having answered each eid all of the issues submitted to it in favor of the plaintiff and against the defendant, as set out in the record. It is, therefore, now ordered, considered and adjudged that the plaintiff, Mrs. Ethel Harbin, be, and she is hereby granted an absolute final divorce from the bonds of matrimony with the defendant, J. Frank Harbin, and the said marital relationship is hereby dissolved and set aside in toto. It 1s further ordered by the Court that the plaintiff pay the costs of this action, to be tated by the Clerk of the Court. ) Signed and entered at Statesville, May 29th, 1939. Wn. H. Bobbitt Jatge Presiding eh eee 3 eR eeHeHeeHeHHMe eH & ee Kee Hea eae v nl | DIVORCE. Plerence Butler the quereeee fet Tie as Siicene ee oe STATE OF NORTH CAROLINA COUNTY OF IREDELL / Weston Butler IN THE SUPERIOR COURT ” LSSUES Florence Butler ) the 1, Were the plaintiff and defendant lawfully married, as alleged in Compaaint? Answer: Yes, complaint? 2. Did the plaintiff and defendant separate, as alleged in the Answert Yes, IN THE SUPERIOR COUR? SECOND WEEK --MAY TERM. MONDAY, MAY 29th, 1939 3, Have the plaintiff and defendant lived separate and apart fron other for more than two years next preceding the commencement of this action, alleged in the complaint? Gach a3 Answer: Yes. 4. Has the plaintiff been a resident of the *tate of North Caroling for more than one year next preceding the commencement of this action, as alleged 4, the complaint? Answer: Yes. STATE OF NORTH CAROLINA IN THE SUPERIOR COURT COUNTY OF IREDELL Weston Butler -VSs- JUDGMENT Florence Butler This cause coming on to be heard and being heard before His Honor, i, H. Bobbitt, Judge Presiding, and a jury, at the May Term of Iredell County Superior Court, on the 29 day of May, 1939, at which time and place the following issues mn submitted to the jury and answered in the manner indicated, to-wit: "1. Were the plaintiff and defendant lawfully married, as alleged inthe complaint? Answer: Yes. 2. Did the plaintiff and defendant se t h complaint? parate, as alleged in the Answer: Yes. 3+ Have the plaintiff and defendant lived separate and apart from each other for more than two years next preceding the commencement of this action, as all Answer: Yes, ; eged in the complaint? 4. Has the plaintiff been a resident of the State of North Carolina for more than one year next preceding the commencement of this aetion, as alleced ' fnsver: Yes." Eg n the complaint? I T IS, THEREFORE, Considered, adjudged and decreed that the bonds of matrimony heretofore existing between Weston Butler, plaintiff, and Florence But 1 er, defendant, be and they are hereby dissolved, and the plaintiff granted an absolute divorce, Wm. H. Bobbitt , FIFTEENTH JUDICIAL DISTRICT. * & $e oe * ve EP O86 es 6S bh eu + * % % ee eenneeennneaeaeet ~ IN THE SUPERIOR COURT SECOND WEEK -- MAY TERM MONDAY, MAY 29th, 1939 ( Yo. 1686 DIVORCE ardt Jacob Bernh The "Divorce Jury" being duly sworn and empanelled, answer Ada ui senhe imer the issues submitted to it as follows: Bernhar dt ooo ocomm NA NORTH CAR OLI IN THE SUPERIOR COURT IREDELL COUNTY Y Jacob A. Bernhardt ISSUES VS. Ada Misenheimer Bernhardt <> <> Sx lst. Were the plaintiff and defendant married as alleged in the complaint? Answer; Yes. 2nd. Has the plaintiff been a resident of North Carolina for more than two years next precedingfhe filing of this complaint? Answer: Yes. 4rd. Have the plaintiff and the defendant lived separate and apart from each other for more than two years next preceding the filing of this complaint? Answer: Yes. -“O- -O= <0=- -0= ( NORTH CAROLINA IN THE SUPERIOR COURT IREDELL COUNTY Jacob A. Bernhardt JUDGMENT ) vs. 0 § Ada Misenheimer Bernhardt 9 At a Superior Court held in the Court House in Statesville, North Carolina on the 29 day of May, 1939, Present: Honorable William H. Bobbitt, Judge presiding. This action having been called for trial, and having been tried by the Court anda jury, and the jury having answered the following issues "Yes" (1) Were the plaintiff and fhe defendant married as alleged in the complaint? (2) fas the Plaintiff been a resident of North Carolina for more than two years next Preceding the filing of this complaint? (3) Have the plaintiff and the defendant lived S@parate and apart from each other for more than two years next preceding ™ filing ¢ this complaint? And it appearing to the satisfaction of the Court that the defendant has =n legally served with process and that the plaintiff is entitled to an absolute “vores from the defendant fram the bonds of matrimony. oe ee ah indie IN THE SUPERIOR COURT SECOND WEEK -- MAY TERM MONDAY, MAY 29th, 1939 It is now, on motion of C, P, Barringer, counsel for the Plaintiry, ordered, adjudged and decreed that the plaintiff be, and he is hereby Givorceg from the defendant from the bonds of matrimony, and the said bonis of ma trimony are hereby dissolved to the same effect as if they had never been married, that the costs of this motion be taxed against the defendant but paid from the deposit made by the plaintiff for this purpose, Wm. H. Bobbitt Judge Presiding teenie ee te eH & + % + i ee ee ee a No. 1691 § DIVORCE Nettie Perry 4 _ VSe ) The "Divorce Jury" being duly sworn and empanelled, answers the Frank Perry § Ssues submitted to it as follows: North Carolina, In the ©urerior Court, Iredell County, May Term, 1939 Nettie Perry, vs ’ . ooo oS m4 ~” GS i tf Prank Perry 1. Did the plaintirr ana defendant intermarry, as alleged in the comple Answer: Yes, 2. Did the defendant and apart from each Other for ae ae Zo. “ae alicges ine sae | two years, as alleced in the complaint? Answer; Yes. d+ Has the plaintirr pb Carolina for more than two years, next: a &@s alleged in the complaint? fide resident of the state of North ‘Preceding the commendement of this action, Answer: Yes. North Carolina, In the s Inedeli County, uperior Court, May Term, 1939 Nettie Perry vs. JUDGMENT ooo om Frank Perry IN THE SUPERIOR COURT 3 SECOND WEEK -- MAY TERM MONDAY, MAY 99th, 1939 This cause coming on to be heard and being heard at this Term of the Court of Iredell County before His Honor, Williem H. Bobbitt, Judge superior presiding, and a jury, and the jury having answered the issues submitted to it by the Court in favor of the plaintiff and against the defendant, 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 the sam are disolved, and the plaintiff is granted an absolute divorce from the defendant . Wm. H. Bobbitt Judge Presiding a GH tedede EGRESS ETE FSET TTT TE TESTES STE TEE Te SeteE HG TER Medes Gea aETt FGETS GeeiaeseaeaeseSt dete aide ditt Het North Carolina, In the Superior Court, Iredell County. May Term, 1939 : Addie Torrence f -Vs~ Develder Torrence 9 JUDGE NT This cause coming on for trial at the aforesaid Term of Iredell Superior Court before the wndersigned Judge, and it appearing to the Court that the Plaintiff was called by the Sheriff to come in and prosecute this action or she would be non-suited, and it appearing that the plaintiff failed and neglected to appear and prosecute this action: It is therefore ordered, adjudged and decreed that this action be, and the same is hereby dismissed, and the plaintiff is taxed with the costs, This the 29 day of May, 1939. Wn. H. Bobbitt Judge Fresiding WE ttite tte te see sete ge MEET SETTESE TETETETESILESE TE GbGESESedede dee SESESESESETESESE GeSESESE TE ete Shdedtedbdedidede | Seteditetedt tte IN THE SUPERIOR COURT SECOND WEEK +*##* MAY TERM 54 IN THE S UPERIOR COURT MONDAY, MAY 29th, 1939. SECOND WEEK -- MAY TERM MONDAY, MAY 29th, 1939 / yorth Caroline, In the Superior Court, In the i North Carolina, n Superior Court, ere County « May Term, 1939 Iredell County. May Term, 1939. yar garet Clark Heath JUDGMENT -V8-~- Carolyn Johnston ) ) -vs- q JUDGMENT Joe Heath j ) James F. Johnston This cause coming on for trial at the aforesaid Term of Iredell Superior court before the undersigned Judge, and it appearing to the Court that the Plaintiff by the Sheriff to come in and prose plaintiff failed and neglected to appear and pros6-=- This cause coming on for trial at the aforesaid Term of Iredell Superin cute this action or she would be non- Court before the mdersigned Judge, and it appearing to the Court that the Plainti: was called was called by the Sheriff to come in and prosecute this action or she would be na. suited, and +8 appearing sgadieatss eute this action: suited, and it appearing that the plaintiff failed and neglected to appear and It is therefore ordered, adjudged and decreed that this action be, and prosecute this action: It is therefore ordered, adjudged and decreed that this action be, and the same is hereby dismissed, and the plaintiff is taxed with the costs. This the 29 day of May, 1939+ the same is hereby dismissed, and the plaintiff is taxed with the c osts. This the 29 day of May, 1939. Wm. H. Bobbitt Wm. H. Bobbitt JUDGE PRESIDING JUDGE PRESIDING oe ea OO OE ae Oe I eae HE ee AHHH: GIR SESE tigE deneaine aedede dinae dedb death arate eat Seige seigedegedige TRAEEEREAeaeeded: destiaeaesedestaedt dedeitst North Carolina S , In the uperior Court, v Iredell County om m May Term, 1939 North Carolina, In the Superior Court, Iredell Coumty. May Term, 1939 Cordie Daye Martin Babb 4 ) “= q J IGME : ; b UDGMENT Guy Hill q rnest Babb Q “v8- JUDGMENT ) Mary B. Hill § Thi £ 8 cause coming on for trial at the aforesaid Term of Iredell superia Court before the undersicne signed Judge, and it pe ” , appearing to the Court that the Plal This cause coming on for tr 1 at the aforesaid Te of Iredell Superior was called by the Sheriff to me co An and proseeute thie eetien ef ome weeie na Court before the undersigned Judge, and it appearing to the Co t that the Plaintiff suited, and it appearing th 6 at th © plaintiff failed and neglected to appear and Was called by the Sheriff to come in and prosecute this action or he would be non~ prosecute this action: suited, and it appearing that the plaintiff failed and neglected to appear and prose- It 1s therefo re ordered, adjudged and decreed that this action be and cute this action: the same is hereby dismissed be, and » and the plaintirr is taxed with the costs. Tt de therefere ordered, adjudged and decreed that this seston This the 29 day of May, 1949. the same ig hereby dismissed, and the plaintiff is taxed with the costs. This the 29 day of May, 1939. Wm, H. Bobbitt — Wm, H. Bobbitt : tebe te Sete test tee se ae dee MH hy VME Se ese eee dete Seat ge see oe gee WUE tte tote tet vane ete teeth te te ; IN THE SUPERIOR COURT SECOND WEEK -- MAY TERM MONDAY, MAY 29th, 1939 North Carolina, In the Superior Court, Iredell County, May Term, 1939 Ruth Inez Owens -Vs- JUDGMENT James Owens This cause coming on for trial at the aforesaid Term of Iredell Superio Court before the undersigned Judge, and it appearing to the Court that the Plaintiy was called by the Sheriff to come in and prosecute this action or she would be nao. suited, and it appearing that the plaintiff failed and neglected to appear and prow. cute this action: It is therefore ordered, adjudged and decreed that this action be, and ty same is hereby dismissed, and the plaintiff is taxed with the costs. This the 29 day of May, 1949. Wm. H, Bobbitt THESIS TE Sete Teac Sesh eee: sese seg yb SESETESETESESESESE | Hea SE See RH eH / NORTH CAROLINA In the Superior Court IREDELL COUNTY M T 939 ay Term, 1 Rebecca C, Chambers, Administratrix of the EF of John R. Tucker — vs. JUDGMENT luch Bowers Knight, et al This cause having come on for trial at the January Term, 1939, of 7 Superior Court of Iredell County d before Hon, William H. Bobbitt, Judge, and ® jury, and being tried, and the ur es fekdeuns Jury having answered the issue submitted to thes "Is the defendant, lucy Bowers Kni ght, th ds described in the complaint vine Che a ae , of t subject to the legar debts and costs of administrati® he estate of John R, Tuc ker? Answer: Yes " IN THE SUPERIOR COURT SECOND WEEK -- MAY TERM MONDAY, MAY 29th, 1939 And the motion for judgment having been continued by consent of the plaintiff and the defendants until the March Term, 1949, and thereafter continued until the May Term, 19393 And it further appearing to the Court that the judgment heretofore rendered at the May Term, 1938, was reversed on appeal to the Supreme Court; It is now ordered and adjudged that the judgment rendered at the May term, 1938, be and 4s hereby set aside in accordance with the certificate of the Supreme Court on file in the office of the Clerk of the Superior Court of Iredell Countye It is further ordered and adjudged that upon the verdict of the jury that Lucy Bowers Knight be and she is hereby declared to be the sole owner of the lands described in the complaint, subject to the legal debts and the costs of administration of the estate of John R. Tucker, which are to be ascertained by the Clerk of the Superior Court of +redell County upon proper accounts filed with him by the plaintiff. It is further ordered and adjudged that the plaintiff furnish the defendant, Lucy Bowers Knight, or her attorneys, copies of any accounts hereafter filed by her with the Clerk of the Superior Court of Iredell County, at the time of filing of said accounts. And this cause is retained for further orders. Wm. H. Bobbitt ~ Jucge “Presiding Je bebe be st _—s ee ee - 2° 24, Ot 2 ded Seth Side Sh 4 1 So the $$ ite 24 eH ; ete ss 7 oe Sede3e SRRIERSESETHEGHE JESEGHSERETEGegestsE dedetedededbatdeatde | dededetedede seeds SESE teitiedededee dete de dedeiededdt No. 85 ) State ) = ) Called and Failed. Judgment Instanter Capias, and Commi tmen t Emmitt Maxwell § to issue to put the road sentence into effect. SHEESH aa SHER SESE GRGIRSETHRSHSESitt Sede dete debedede dea Rete eae SRSRSIHESE SESH de de aest AE eae setesesiseaesedt | He deteteatdt IN THE SUPERIOR COURT 59 SECOND WEEK -- MAY TERM MONDAY, MAY 29th, 1939 IN THE SUPERIOR COURT SECOND WEEK <= MAY TERM MONDAY, MAY 29th, 1939 / Ba. ei toll NORTH CAROLINA IN THE SUPERIOR COURT 7 = ) The "Divorce Jury" being duly sworn and empanelled, answers the co Ruby Howard ) issues submitted to it as follows: IREDELL COUNTY JAMES M. ALEXANDER ) ) HH] North Carolina, In the Superior Court, Vv ) JUDGMENT : i + ) Iredell County. ee a ee SECURITY LIFE AND) i TRUST COMPANY ) Ed. Howard The above-entitled actionc oming on to be heard and being heard before VS. Q ISSUES His Honor William H. Bobbitt, Judge presiding at the May Term, 1939, of the Superia@r ) Ruby Howard court of Iredell County, and it appearing to His Honor that the parties to the above der the terms 1 Did the plaintiff and defendant intermarry, and are they now man entitled action have agreed upon a compromise and settlement of same, unde +. > and wife, as allered in the complaint? of which the plaintiff has agreed to surrender to the Security Life and Trust memes «Tees Company to be cancelled those three certain policies of insurmce issued upon his 2. Did the defendant commit adultery, as alleged in the complaint? life by the said Security Life and Trust Compsny, being as follows: Answer: Yes. TOs SS = Policy No. 18667 issued under date of September 16, 1927; 3- Has the plaintiff been a bonifide resident of the State of North Policy No. 26380 issued under date of September 19, 1929; Carolina for more than two years next preceding the commencement of this action, | esis Policy No. 28113 issued under date of March 8, 1930; \ Answer} Yes. a in consideration of which surrender and cancellation, the defendant company has agreed to pay to the plaintiff an agreed sum, which has been paid and receipt of which is hereby acknowledged, said payment being in full settlement of all right, ee Ht Ht te ab ele erie ae ol ae ie eo aeee title and interest and benefits heretofore or hereafter accnuing under said ” -eVTwerweereee eee e 82H HE BS HU Gt HH HH GH He OH OH i policies, and in further consideration of the defendant company cancelling certain aid and " No. 1690 DIVORCE, indebtedness against said policies, the evidence of which has been marked p Bade D. Sells ng ff; vs § The "Divorce Jury" being dul —— surrendered to the plaintiff; Dessie Sells ) y uly sworn and empanelled, ans issues submitted to it as follows: NOW, THEREFORE, by consent of counsel representing the plaintiff and by consent of counsel representing the defendant, it 1s ORDERED, DECREED, and ADJUDGED, North Carolina, In the Superior Court, that the above-entitled action be and the same is hereby dismissed, and the Iredell County, May Term, 1939 defendant is taxed with the costs. | Wade D. Sells ee ) | Wm. H, Bobbitt / vs. | ISSUES Gonsented to: , ” a Dessie Sells { Scott & Collier Kttorneys Tor Plaintir?T / o D t , i 1 id the plaintirr ana defendant intermarry, as alleged in the compl: CI cialis tee Answer: Yes, — Virginia B. Alexander Beneficiary 2. Did the defendant and the Plaintirr hey lived |. separate and apart from each other for more than tue youme’ oo see in ae Hck Jomer, and Answer: Yes, Man) Hendren & Womble orneys for endant,. 3+ Has the Plaintiff been a bon | years ne for more than two the complaint? Answer: Yes, Hey . % tet Tete sete ap STEERER TESESESESISESESHSESE | GESESHSEGESESEGEGESE SEaEaEGESESESEGERESE | dedi ae dedt tt deat Resets Sede tat HE IN THE SUPERIOR COURT SECOND WEEK -- MAY TERM MONDAY, MAY 29th, 1939 No. 169 SECRET ASSAULT WITH DEADLY WEAPON WITH INTENT TO KILL, State Messrs. John R. McLaughlin and W. R. Battley appear as Private ) ) vs ) Prosecution iff the trial of this case. Will Hoover 9 The defendant, through his counsel, Messrs. John G. Lewis and D. L. Raymer, Sr., pleads Not Guilty. The following jury: Earl McAuley, C. E. Lowrance, S, D, Grose, Say J. Rimmer, W. S. Jolley, W. P. Feimster, Chas, Adkins, ¢, Ve Bte Je A. Walker, Grover C. Mayberry, J. E. Stine and R, 8. Templeton was duly sworn and empanelled. ’ Pending trial Court takes recess until Tuesday Morning, May 30th BGT Tie tthe Tete eTeHeTS Shea See aeae TRAE SeLETE TEESE Te deNe sede se sete Meese eset sete WERE | Tae see sede Seattle dy North Carolina, In the Superior Court, Iredell County. May Term, 1939 Iredell County ) ) “vs- JUDGMENT Atlentic Paving Company This cause coming on for trial at the aforesaid Term of Iredell Supert.or Court before the undersimed Judce, and it appearing to the Court that the Plainti! was called by the Sheriff to come in and prosecute this action or it would be nm sulted, and it appearing that the plaintiff failed and neglected to appear and pr cute this action: Tt is therefore ordered, adjudged and decreed that this action be, andl same is hereby dismissed, and the plaintiff is taxed witht he costs. This the 29 day of May, 1939. Wn. H. Bobbitt Judge Presiding Mit sesesesegese | aes Tote Sesh 3645 BRR Bsesetetededese sede sedeseae Heat geaerese ane? North Carolina, In the Superior Court, May Term, 1939 Iredell County, H. C. Bristol ve JUDGMENT ed A. M, Guy, et al This cause Coming on for trial pilot at the af Sup? Court before the © aforesaid Term of Iredell un der si Piss S*g@ied Judge, and it appearing to the Court that the ‘3 le, IN THE SUPERIOR COURT 61 SECOND WEEK -- MAY TERM MONDAY, MAY 29th, 1949 was called by the Sheriff to come in and proseciite this action or he would be non-suited, and it appearing that the plaintiff failed and neglected to appear and prosecute this action: It is therefore ordered, ad judged and decreed that this action be, and the same is hereby dismissed, and the plaintiff is taxed with thec osts,. This the 29 day of May, 1939. Wm. H. Bobbitt / North Carolina, In the ®°uperior Court Iredell County. May Term, 1949 Frank Marlow vs 0 dU DGHES TF Q J. Re Marlow and wife 4 This cause coming on for trial at the aforesaid Term of Iredell Superior Court before the undersigned Judge, and it appearing to the Court that the Plaintiff was called by the Sheriff to come in and prosecute this action or he would be non- sulted, and it appearing that the plaintiff failed and neglected to appear and prosecute this action: It is therefore ordered, adjudged and decreed that this action be, and the same is hereby dismissed, and the plaintiff is taxed with the costs. This the 29 day of May, 1939. Wm. H. Bobbitt , G / North Carolina, In the Superior Court, Iredell County. May Term, 1939 ¥, L, Sherri lof tin 41, Ae Teo —— JUDGMENT D, A, Miller, be Ne ers, et al IN THE SUPERIOR COURT 63 SECOND WEEK -- MAY TERM MONDAY, MAY 29th, 1939 62 IN THE SUPERIOR COURT | SECOND WEEK == MAY TERM MONDAY, MAY 29th, 1939 ( North Carolina, Iredell County. May Term, 1939 In the Superior Court, This cause coming on for trial at the aforesaid Term of Iredell Supers or Court before the undersigned Judge, and it appearing to the Court that the Plaintts " were called by the Sheriff to come in and prosecute this action or they would by Xo Company & Central O11 guited, and it appear'ng that the plaintiffs failed and neglected to appear ang te North Carolina, Inc. JUDGMENT cute this action: -Vse Statesville New-Way Laundry Company oococscoo => It is therefore ordered, adjudged and decreed that this action be, and ty same is hereby dismissed, and the plaintiffs are taxed with the costs, This the 29 day of May, 1939. ' This cause coming on for trial at the aforesaid Term of Iredell Superior Wm. H. Bobbitt Court before the undersigned Judge, and it appearing to the Court that the ‘laintiff ~~ JUDGE PRESTDING was called by the Sheriff to come in and prosecute this action or he would be non- suited, and it appearing that the plaintiff failed and neglected to appear and prosecute this action: It is therefore ordered, adjudged and decreed that this action be, and the same is hereby dismissed, and the plaintiff is taxed withtthe costs, North Carolina, In the Superior Court, This the 29 day of May, 1939. Iredell County ° May Term, 1 » 1939 Wm. H. Bobbitt JUDGE PRESIDING. Wallace Brothers Co, ) 0 -Vs- } JUDGMENT Se H. Monteith, et al This cause coming on for trial at the aforesaid Term of Iredell Supericr | Court before the undersigned Judge, and it appearing to the Court that the Plaistl! North Carolina, In the Superior Court, | was called by the Sheriff to cane in and prosecute this action or it would be nam- Iredell County. May Term, 1949. i suited, and it ap earing that the plaintiff failed ana neglected to appear and pnt ! cute this action: Wallace Brothers Co., Inc. 9 It 1s therefore ordered, adjudged and decreed that this action be, and t “V8- JUDGMENT ; — oo Gtemissed, and the Plaintiff is tayed with the costs. an oo ae oe This the 29 day of ines, shake @rren Hardware Co, 9 | i Wm. H. Bobbitt This cause coming on for trial at the aforesaid Term of Iredell Superior | JUDGE PRESIDING Court before the undersigned Judge, and it appearing to the Court that the Plaintiff | as called by the Sheriff to come in and prosecute this action or it would be non- | sulted, and it appearing that the plaintiff failed and neglected to appear and TPR eetinciia cco | ee Prosecute this action: It is therefore ordered, adjudged and decreed that this action be, and the same is hereby dismissed, and the plaintiff is taxed with the costs. This the 29 day of May, 1939. Wn, H, Bobbitt ———JUDGE PRESIDING 64 IN THE SUPERIOR COURT SECOND WEEK -- MAY TERM MONDAY, MAY 29th, 1939 { North Carolina, In the Superipr Court Iredell County. May Term, .1939 Consulidated Cotton O11 Co. vs- ) JUDGMENT Q Je Ee Lipscomb This cause coming on for trial at the aforesaid Term of Tredell Super Court before the undersigned Judge, and it appearing to the Court that the Plaints was called by the Sheriff to come in and prosecute this action or it would be nor. suited, and it appearing that the plaintiff failed and neglected to appear anj prosecute this action: It is therefore ordered, adjudged and decreed that this action be, and the same is hereby dismissed, and the plaintiff 1s taxed with the costs, This the 29 day of May, 1939. Wm. H. Bobbitt N orth Carolina, In the Superior Court, I redell County, May Term, 1939 Mutual Building & Loan Association — JUDGMENT? =o Oo oS oO Bertha May Hart, et al T is cause coming on for trial at the aforesaid Term of Iredell Superit Court before the undersigned Judge, and it appearing to the Court that the Plaintif tiff was called by the Sheriff to come in and prosecute this action or it would be - mon-suited, and it “ppearing that the plaintirr failed and neglected t &ppear and prosecute this action: 46 i 8 therefore ordered, adjudged and decreed that this action be, am the same is hereby dismissed, and the Plaintiff is taxed with the costs. This the 29 day of May, 1939, Wn, H, Bobbitt "—JUDGE PRESIDING — i | IN THE SUPERIOR COURT 65 SECOND WEEK -- MAY TERM MONDAY, MAY 29th, 1939 th Carolina, In the Superior Court, Nor Iredell County. May Term, 1939 R, P. Nicholson v8 Q JUDGMENT : Q Home Building & Loan 0 Association, et al 0 This cause coming on for trial at the aforesaid Term of Iredell Superior Court before the undersigned Judge, and it appearing to the Court that the Plaintiff was called by the Sheriff to come in and proseuute this action or he would be non- guited, and it appearing that the plaintiff failed and neglected to appear and prosecute this action: It is therefore ordered, adjudged and decreed that this action be, and the same is hereby dismissed, and the plaintiff is taxed with the costs. This the 29 day of May, 1939. Wm. H. Bobbitt / North Carolina, In the Superior Court, Iredell County. May Term, 1939 Nancy J, Swink Q ' vs 4 JUDGMENT Q Henderson Stea@lman ) This cause coming on for trial at the aforesaid Term of Iredell Superior Court before the undersigned Judce, and it appearing to the Court that the Plaintiff was called by the Sheriff to come in and prosecute this action or she would be non- suited, and it appearing that the plaintiff failed and neglected to appear and prose- cute this action: It is therefore ordered, adjudged and decreed that this action be, and the sam is hereby dismissed, and the plaintiff is taxed with the Costs. this the 29 day of May, 1939. Wm. H. Bobbitt 66 IN THE SUPERIOR COURT SECOND WEEK -- MAY TERM MONDAY, MAY 29th, 1939 North Carolina, In the Superior Court, Iredell County. May Term, 1939 Kyles Motor Co., Inc. -vVs- ) JUDGMENT ) L. G. Nash ] This cause coming on for trial at the aforesaid Term of Iredell Supertoy Court before the undersigned Judge, and it appearing to the Court that the Plaintiy was called by the Sheriff to come in and prosecute this action or it would be no. suited, and it appearing that the plaintiff failed and neglected to appear and pro cute this action: It is therefore ordered, adjudged and decreed that this action be, and th same is hereby dismissed, and the plaintiff is taxed with the costs, This the 29 day of May, 1939, Wm. H. Bobbitt esse eseesnseseeteiemeenmees Lesser eee North Carolina, In the Superior Court, Iredell County, May Term, 1939 Galther White 4 “VE- JUDGMENT 4 State School Commiss Lon This cause coming on for trial at the aforesaid Term of Iredell superi Court before the undersigned Judge, and it appearing to the Court that the Plaintli! wa 1 s called by the SheSiff to com: in and prosecute this action or he would be ma suited, and it appearing that the Plaintiff failed v and neglected to appear and cute this action: It i * therefore ordered, adjudged ana decreed that this action be, a” same is hereby dismissed, and the plaintirr is taxed with the costs. This the 29 day of May, 1939. Wm. H. Bobbitt — A ie ttt IN THE SUPERIOR COURT 67 SECOND WEEK -- MAY TERM MONDAY, MAY 29th, 1939 North Carolina, In the Superior Court, r Iredell County May Term, 1939 tatesville Production 4 credit Association -vs- JUDGMENT W, T. Jonas ) This cause coming on for trial at the aforesaid Term of Iredell Superior Court before the undersigned Judge, and it appearing to the Court that the Plaintiff was called by the Sheriff to come in and prosecute this action or it would be non- suited, and it appearing that the plaintiff failed and neglected to appear and prose- cute this action: It is therefore ordered, adjudged and decreed that this action be, and the same is hereby dismissed, and the plaintiff is taxed with the costs, This the 29 day of May, 1939. Wm. H. Bobbitt J Alii A PGE SE SK Oe SSS SH TS sees eee ee v North Carolina, In the Superior Court, Iredell County. May Term, 1939. H. F, Blackwelder and wife, Stella Blackwelder -Vs- JUDGMENT Charles Plackwelder and wife, Lizzie Blackwelder This cause coming on for trial at the aforesaid Term of Iredell Superior Court before the undersigned Judge, and it appearing to the Court that the Plaintiffs were called by the Sheriff to come in and prosecute this action or they Would be non-suited, and it appearing that the plaintiffs failed and neglected to *Ppear and prosecute this action: It is therefore ordered, adjudged and decreed that this action be, and ‘he sam is hereby dismissed, and the plaintiffs are taxed with the costs. This the 29 day of May, 1939. Wa. H. Bobbitt ———JODsE “PRESIDING EEE rr 68 IN THE SUPERIOR COURT SECOND WEEK -~- MAY TERM MONDAY, MAY 29th, 1939 North Carolina, In the Superior Court, Iredell County May Term 1939 P, P. 4ulin & Dorothy Bost, Trustees -Vs- JUDGMENT Walter Adams, and wife, Pearl Adams oc oOo: Ol OS This cause coming on for trial at the aforesaid Term of Iredell Super ior Court before the uncersigned Judge, and it appearing to the Court that the Plaintit, were called by the Sheriff to come in and prosecute this action or they would be nz. suited, and it appearing that the plaintiffs failed and neglected to appear and prosecute this action: It is therefore ordered, adjudged and decreed that this action be, and th same is hereby dismissed, and the plaintiffs are taxed with the costs, This the 29 day of May, 1949. Wm. H. Bobbitt North Carolina, In the Supertor Court, Iredell County, May Term, 1939 I. L. Houston -Va- JUDGMENT —_—< | <—_><—_><— Veck Davidson Reid, al This cause coming on for trial at the aforesaid Term of iredell Supers Court before the under signed Judge, and it appearing to the Court that the Plaintl! was called by the Sherirr to come in and prosecute this action or he would be a0 » and it appearing that the plaintiff failed an cute this action: It 3 : * therefore ordered, adjudged and decreed that this action be and?’ same is hereby dismissed, and the Plaintiff is taxed with the costs. This the 29 day of May, 1939, t d neglected to appear and F® IN THE SUPERIOR COURT 69 SECOND WEEK -- MAY TERM MONDAY, MAY 29th, 1939 North Carolina, In the Superior Court (i) Iredell County. May Term, 1939 . E. Brown, & Exe Le Seams trading and doing business as Auto-Sales Co. ile JUDGMENT Jom W. Moore, Sheriff This cause coming on for trial at the aforesaid Term of Iredell Superior Court before the undersigned Judge, and it appearing to the Court that the Plaintiffs were called by the Sheriff to come in and prosecute this action or they would be non-suited, and it appeafing that the plaintiffs failed and neglected to appear and prosecute this action: It is therefore ordered, ad judged and decreed that this action be, and the same is hereby dismissed, and the plaintiffs are taxed with the costs, This the 29 day of May, 19439. Wm. H. Bobbitt { North Carolina, In the Superior Court, Iredell County. May Term, 1939 T. He. Stewart -Vs- JUDGMENT ooo] > C. QO. Prazier This cause coming on for trial at the aforesaid Term of lredell Superior Court before the undersigned Judge, and it appearing to theCourt that the Plaintiff was called by the Sheriff to come in and prosecute this action or he would be non- suited, and it appearing that the plaintiff failed and neglected to appear and prosecute this action: It is therefore ordered, adjudged and decreed that this action tw, and the same is hereby dismissed, and the plaintiff is taxed withthe costs. fois the 29th day of May, 1939. Wm. H. Bobbitt ——“JUD@: «PRESIDING t—~*# 70 IN THE SUPERIOR COURT ; SECOND WEEK -- MAY TERM MONDAY, MAY 29th, 1939 North Carolina, In the Superior Court, wt Iredell Cowty. May Term, 1939 C. A. Peeler T. G. Arthurs, trading under the firm name of The Starr Roofing Co, So oo Oe This cause coming on for trial at the aforesaid Term of Iredel} Superior Court before the undersigned Judge, and it appearing to the Court that the Plaintiy was called by the Sheriff to come in and prosecute this action or he would be non- suited, and it appearing tmt the plaintiff failed and neglected to appear and Brose. cute this action: It is therefore ordered, adjudged and decreed that this action be, and th same is hereby dismissed, and the plaintiff is taxed with the costs. This the 29 day of May, 1939. Wm. H. Bobbitt North Carolina, In the Superior Court, Iredell ° redell County May Term, 1939 J. M, Gupton, trading as Snyder Brothers — JUDGMENT | W. R. Thomas Court before the un der signed Judge, and it appearing to the Court that the Plainti! was called by the sheriff to come in and prosemte this action or it would be 2 suited » and it appearing that the plaintiff failed and cute this action: This cause caming on for trial at the aforesaid Term of Iredell Superit : f neglected to appear and priv It is ther I efore ordered, adjudged and decreed that this action be, and ™ / same is hereby di missed, and the plaintirr is taxed with the costs. This the 29 day of May, 1939. IN THE SUPERIOR COURT 71 SECOND WEEK -- MAY TERM MONDAY, MAY 29th, 1939 North Carolina, In the Superior Court Iredell Countye May Term, 1939 J. Fe Scarborough, Le A. parks, C. 0. Hadley 4 ) 4 -vs- f Ream Printing Company § JUDGMENT This cause coming on for trial at the aforesaid Term of tredell Superior Court before the undersigned Judge, and it appearing to the Cumrt that the Plaintiffs were called by the Sheriff to come in and prosecute this action or they would be non- suited, and it appearing that the plaintiffs failed and neglected to appear and prosecute this action: . It is therefore ordered, adjudged and decreed that this action be, and the same is hereby dismissed, and the plaintiffs are taxed with the costs, This the 29 day of May, 1939. Wm. H. Bobbitt z / This Honorable Court takes recess until Tuesday Morning, May 30th, 1939, 8t 9:30 o'clock A.M.. IN THE SUPERIOR COURT SECOND WEEK -- MAY TERM PUESDAY, MAY 30th, 1939 This Honorable Court convenes according to adjournment on Tuesday Morning, May 30th, 1939, at 9:30 o'clock. DIVORCE + Te following jury: Je C. McNeely, U. Se Mason, R. L. Kerr TA. Reid, Silas W. Sherrill, J. A. Deaton, J. G. Lewis, ¥, R. Battley, R. A. Collier, D. Le Raymer and C. B, Winberry, being duly swornend empanelled, answers the issues submitted to it as follows: Noe 1655 C. Joseph Benning -VS- Alice D. Benning NOR@MH CAROLINA IN THE SUPERIOR COURT IREDELL COUNTY C, JOSEPH BENNING ) VS. ISSUES ALICE DANSEREAU BENNING 9 1. Has the plaintiff been a resident of the State of North Carolina for more than one year next preceding the filing of the complaint in this action? Answer: Yes. 2. Were the plaintiff and the defendant lawfully married to each other as alleced in the complaint? Answer: Yes. 4 Did the plaintiff and the defendant separate from each other day of October, 1943, and have they lived separate and apart from each other continuously since that date and for a period of more than two years? Answer: Yes. NORTH CAROLINA TREDELL COUNTY IN THE SUPERIOR COURT C. Joseph Benning 4 “see JUDGMENT 4 Alice Dansereau Benning THIS SE IS CAUSE coming on to be heard at the regular May Term, 1939» of Superior C Pp ourt of Iredell County, and the same being heard before His Honors . » Judge Presiding, and a Jury, and the following issues being answeret » the affirmative: 1. H | nee then as the plaintiff been a resident of the State of North Carolin® ” one year next preceding the filing of the complaint in this action? 2. W as alleged in ere the plaintiff and the rt the complaint? defendant lawfully married to each OM IN THE SUPERIOR COURT 43 SECOND WEEK -- MAY TERM TURSDAY, MAY ZOth, 1939 Did the plaintiff and the defendant separate from each other on aay of October, 1933, and have they lived separate and apart from each ieeF continuously since that date and for a period of more than two years? 0 It, is Therefore, on motion of Ben. L. Herman, Attorney for the plain- birt ordered, Adjudged and Decreed that the bonds of matrimony between the ’ jaintiff and the defendant be, and the same are hereby absolutely dissolved, and ° Pp that the plaintiff and the defendant be, and they are hereby absolutely divorced from each othere wn, H. Bobbitt Judge Presiding ( —" IN THE SUPERIOR COURT IREDELL COUNTY Mrs, Daisy Redman, q PLAINTIFF Q -VS- 4 JUDGME Nf Oscar R. Mills, 4 DEFENDANT 0 This cause coming on to be heard and it appearing to the Court that the Plaintiff and Defendant have agreed on & compromise settlement of the matters arising upon the pleadings under the terms of which plaintiff is to have and recover of the defendant the sum of Three Hundred ($300.00) Dollars: IT IS, THEREFORE, on motion, considered, ordered and adjudged that the plaintiff recover of the defendant the sum of Three Hundred ($300.00) Dollars and it 1s further adjudged that the plaintiff recover the cost to be taxed by the Clerk, Wm, H. Bobbitt JUDGE PRESIDING By Consent: Mrs. meh Redman Oscar R, Millis IN THE SUPERIOR COURT 74 SECOND WEEK -- MAY TERM TUESDAY, MAY 30th, 1939 IN THE SUPERIOR COURT 75 SECOND WEEK -- MAY TERM WEDNESDAY, MAY 31st, 1939 \ No. 169 SECRET ASSAULT WITH DEADLY WEAPON WITH INTENT TO KILL, This Honorable Vourt convenes according to adjournment on Wednesday State . vs ) The jury, heretofore sworn and empanelled in this cage lst, l at 9:30 o'clock A.M.. Will Hoover ) Court and says~it finds the defendant, Will Hoover, GULInY Lay Morning, May 31st, 1939, 3 SIMPLE ASSAULT CAUSING SERIOUS DAMAGE. | Upon the jury's finding of Guilty of Simple Assauat Causi Damage, judgment of the Court is that the defendant be aes the +redell County Jail for a period of FOUR MONTHS, and h of $50.00 and the cost. The jail sentence is suspended on ‘ah. Be sccste The jury heretofore sworn and empanelled in this case, ) ) the fine and cost are paid at this term of Court, and on the tm -vs- ( answers the issues submitted to it as follows: condition that the defendant violates none of the crimina] Lavs J. Be Wall, et al 9 the State of North Carolina for a period of two years, Captas t issue only upon motion of the Solicitor and order of the Supericy Court Judge then presiding. ‘ NORTH CAROLINA, In the Superior Court, No. 1453 ) The following jury: Earl McAuley, J. C McNeely, S. D, ¢ May T 1 : « Ce « Ds Grog, UN Y. ay Term 1939 William fressly } Sam J, Kimmer, W. S, Jolley, W. P. Feimster, Charles iain —" “Te 0 C. v. Stewart, Grover C, Mayberry, J. E. Stine, R. Ss, Template J. Be. Wall, et al ( and J. A. Deaton, were duly sworn and empanelled to try the issues involved in this case. William Pressly, ) Plaintiff, ) Pending trial Court recesses until Wednesday, May 31st, 193), Vs. ) ISSUES J. B. Wall and L. P. Gable, 0 trading as Gable's Store, and QO. A. Payne 4 Defendant s. 9 1. Was the damage to the automobile of the plaintiff, William Pressly, caused by the negligence of the defendant, 0. A. Payne, the agent, servant, and Th - ' is Honorable Court takes recess until Wednesday Morning, May 31st, lj} employee of the defendant J. B. Wall, as alleged in the complaint? at 9:30 o'clock, ANSWER Yi es WPA Loto td 2. Was the injury to the defendant 0. A. Payne, and the damage to the ~ PRES automobile of the defendant J. B. Wall, caused by the negligence of Willie Reese, the agent, servant, and employee of the plaintiff, as alleged in the counter-claim? ANSWER Yes 3. Not withstanding the negligence of Willie Reese, if any, could the defendant 0, A. Payne, servant and employee of J. B. Wall, through the exercise of due care, have avoided the damage to the plaintiff's automobile, as alleged in the complaint? I ANSWER : No. i) hk. What damage, if any, is the plaintiff, William Pressly, entitled to recover? ANSWER h 5. What damage, if any, is the defendant 0. A. Payne entitled to recover? ANS WER : 6. What damage, if any, is the defendant J. B. Wall entitled to recover? AN SWER i No. 1652 w. C. York vs Southern Railway Company IN THE SUPERIOR COURT SECOND WEEK -- MAY TERM WEDNESDAY, MAY 31st, 1939 The following jury: Earl McAuley, C. E. Lowrane D. Grose, sam J. Rimmer, W. S. Jolley, Chas aa é. J. CG. McNeely, Grover C. Mayberry, J. E. Stine 4 Mason, R. L. Kerr and T. A. Reid, was duly aa? a empanelled to try the issues raised in this aa Pending trial Court recesses wmtil Thursda June lst, 1939. ee NORTH CAROLINA IREDELL COUNTY S. S. Thomasson In the Superior Court May Term, 1939 IN THE SUPERIOR COURT SECOND WEEK -- MAY TERM THURSDAY, JUNE lst, 1939 tis Honorable Court convenes according to adjouygnment Thursday Morning, June 1st, 1939 at 9:30 o'clock AM.. / Carolina North , In the Superior Court. Iredell County. ¢, ¢. Johnston and W. Ce. Johnston, Jre, Trading as W. C. Jonnston & Co, Ce E- Barger and L. Young White, trading as Barger Brothers. . Judgment. VSe Mrs. Minnie T. Moore and J. Fe ) Q vs. ‘ ‘ Juanita H. Thomasson This cause coming on to be heard, and it appearing that the defendant in open Court has withdrawn her answer, and it further appearing that the plaintiff has asked that he be allowed to take a non-suit; It is now ordered and adjudged that the plaintiff be and he is hereby non-suited, and that he pay the cost of the action to be taxed by the Clerk. ooo oOo OO OOOO McBri de Tis cause coming on to be heard before His Honor, Judge Vin. H. Bobbitt, and being heard and it appearing to the Court that the parties to this action have agreed upon an adjustment of the matters in controversey. It is therefore, on motion of A. Le hat the restraining order heretofore for the plaintiffs, ordered and adjudged t Starr and Zeb. V. Turlington, Attorneys granted in this action be and the same is hereby dissolved. By Consent: Land & Sowers Attys. for Pltf. J. G. Lewis Atty. for Defendant Wm. H. Bobbitt Judge Presiding This Ho norable Court takes recess until Thursday Morning, June 1st, 19 at 9:30 o'clock. * A brtitt It is further ordered and adjudged that this cause of action be and the same is hereby non suited and dismissed. It is therefore ordered and adjudged that the cost of the action be taxed by the Clerk of this Zourt against the plaintiffs. This the 25th day of May, 1939. Wm. H. Bobbitt “fudge Holding the Courts of the Fifteenth Judicial District. / NORTH CAROLINA IN THE SUPERIOR COURT, IREDELL COUNTY MAY TERM, 1939 name H. Bailey, Mrs. Rosa Bailey te, Mrs, Mary Bailey Wiley and Robert Smith, Collectar of the Estate of 8. R. Smith. “V/V Se . z McLain, Admr., of H. A. Smith, 4 - Collier and A. B. Raymer, Trustees, ; + Bile S. Foster, Mrs. Mittie 0. Lee, 9 aie =e Smith, Effie C. Smith, Rosa : Urs Phat Ila Atkinson, Mrs. Alma Montgohery ihe. ara Albea, Franklin Williams and ;: + Elva Sheek Hedrick. 4 | i $ IN THE SUPERIOR COURT SECOND WEEK -- MAY TERM THURSDAY, JUNE let, 1939 Mis cause coming on to be heard before his Honor, William H. Bobbitt, Judge presiding at May term, 1939, of the Superior Court of Iredell County, ang peing heard upon certificate of the Supreme court filed herein. And it appearing from gaid certificate that the plaintiffs "are not legally entitled to share the proceeds of the contract” set out in the pleadings and fini, of fact by his Honor, Wilson Warlick, Judge, upon which this action was based ani prosecuted: And it further appearing that the sum of Five Thousand ($5000) Dollars - the amount claimed by plaintiffs as their share of the proceeds of said contract, and the further sum of Five Hundred ($500) Dollars to cover any cost which might be adjudicated acainst R. A. Collier and A. B. Raymer, Trustees as aforesaid « is now and was by agreement placed in the hands of R. A. Collier and A. B. Raymer, as trustees to be held by them pending the outcome of this action. IT IS NOW, THEREFORE, Ordered and adjudged that judgment be and the sane is hereby rendered in accordance with the certificate of the Supreme Court filed: And it is further ordered and adjudged that said R, A. Collier and A. 3 Raymer, trustees 4s aforesaid, be and are her eby ordered and directed to turn ovr and pay to Raymer & Raymer and Jrant & jrant, Attorneys for the defendants, the st sum of Fifty-five Hundred ($5500) Dollars, held by them as aofresaid. And it is further ordered, ad judged and decreed that the defendants, other than J. Le Mclain, Administrator of H. A. Smith, R. A, Collier and A. B. Raymer, trustees, recover of the plaintiffs andRobert Smith and Frank Hendrix, sureties % their prosecution bond, the sum of $ , the costs of this action to be taxed by the Clerk of this Court. Wm. H. Bobbitt JUDGE TRESTDING NORTH CAROLINA In the Superior Court, IREDELL COUNTY May Term-1939 IN THE SUPERIOR COURT SECOND WEEK -- MAY TERM THURSDAY, JUNE lst, 1939 BCE pend and in bank, Jan. 28, 1939 $ 292.87 tate sold 150000 ieee account withdrawn 5000100 pividend 35209 Loans 3h, *20 paid py foreclosure proceedings 8° $ 10683 .26 DISBURSEMENTS - paid stockholders 1167.50 091.39 state 7 ned to associations property 54.20 loans for taxes and repairs 1,06 .05 Interest paid 300200 Compensation ob 30 ary expenses . og Saad and in bank, April 30, 1939 1621.51 $ 10683 .26 ASSETS - April 40th 1939 Cash on hand and in bank 1632 $2 Loans 26867 39 Stock in Federal Home loan Bank ‘oe Furniture and fixtures 443.09 Real Estate 17613 .82 $ 9945.81 LIABILITIES - Due stockholders Wa ‘ » Reserve ° $ 9945.82 Respectfully submitted, A. W. Colson Kk. W. Colson, Tiquidating / NORTH CAROLINA In the Superior court, IREDELL COUNTY. May Term, 1949 « Wade D. Sells VBe JUDGMENT Dessie Sells This cause coming on to be herad and being heard at this Term of the Superior Court of Iredell Gounty before His Honor, William H. Bobbitt, Judge Presiding, end a jury, end the jury having enswere? the issues submitted to it bY Vo Te Tuam the Court in favor of the plaintiff and against the defendant, as set out in the record: vs Mooresville Bullding 4 — and Loan Association 4} of It is, therefore, ordered and adjudged by the Court that the bonds To the 6 _— an © ie Te matrimony heretofore existing between the plaintiff and defendant, be, and the A. W. Cal ‘ FonpecttUliy’ cubits tha ttthene of the Mooresville Building amd Loan asaonlttins seme @re disolved, and the phintiff is granted an absolute divorce from the Ww ng report from Jan. 28, 1939 through April 40, defintens. Judge Pre siding IN THE SUPERIOR COURT SECOND WEEK -- MAY TERM THURSDAY, JUNE 1st, 1939. North Carolina, In the Superior Court, Iredell County. May Term, 1939 Clyde R. Boan -Vs- JUDGMENT Evelyn Grice Boan This cause coming on for trial at the aforesaid Term of Iredell Superi Court before the undersigned Judge, and it appearing to the Court that the Plaintiy was called by the Sheriff to come in and prosecute this action or he would be no. suited, and it appearing that the plaintiff failed and neglected to appear and cute this action: pro It is therefore ordere d, adjudged and decreed that this action be, md the sam is hereby dismissed, and the plaintiff is taxed with the costs, This the 1 day of June, 1939, Wm. H. Bobbitt JUDGE PRESIDING 4“ North Caroli seed In the Superior Vourt, Iredell County, May Term, 1939 2 Le W. We stmore land, trading as Mooresville Roof ing Company -Vs- JUDGMEN? “ee eee & a & S. A. Hart oCo Oo mS oO Th's cause coming on for trial at the aforesaid Term of Iredell Superit Court before the undersigned Judge, and it appearing to the Court that the Plaisti!! was called by the Sherif f to come in and prosecute this action or he would be na » and it appearing that the plaint cute this action: suited iff failed and neglected to appear and mi ial Wm. H. Bobbitt -— JUDGE PRESIDING IN THE SUPERIOR COURT 81 SECOND WEEK -- MAY TERM THURSDAY, JUNE lst, 1939 ( 1652 ) The jury, heretofore sworn and empanelled in this case, answers ms, fork ( the issues submitted to it as follows: e e 0 -vs- southern Rai lway $ Company ) North Carolina In the Superior Court, Iredell County 7 Tommy Te Ww. C. York , | “Vs- i ISSUES : Southern Railway Company 4 1. Was the plaintiff injured by the negligence of the defendant, as alleged in the complaint? Answer: Yes. 2. If so, did the plaintiff, by his own negligence, contribute to his injury? Answer: No. 3. What damage, if any, is the plaintiff entitled to recover? Answer: 293-75 No. 3332 NO arr n A, { In the Superior U ourt, nRIELL COUNTY. May Tem, 1939. d. Howard ) >» 8! | Supa <Uuby Toward j This cause coming on to be heard and being veard at this Term of the ~werior Court of Iredell County, North Carolina, before [is Toor, William Il. ~obditt, Judce residing, anda jury, and the jury having answered the issues Submitted to it by the Court in favor of the plaintiff and avainst the defendant, a8 set out in the record: i1t is, therefore, ordered and adjudged by tlhe Court tit the bonds of nh ; - 3 , * ‘ * ‘an 7 . oes a — ant ie matrinony heretofore existing between the plaintiff and defeidant, be, and the Sane are hereby disolved, and the plaintiff is grante« an absolute divorce from the defendant, Wide Ile Bobbitt Judge «residing This Honorable Court takes recess until rriday Morning, Mune 2nd, 1939 py Geter JUDGE PRESIDING at 9:30 O'clock, 82 IN THE SUPERIOR COURT SECOND WEEK - = MAY TERM FRIBAY, -- June 2nd, 1939 This Honorable Court convenes according to adjournment on Pri day Wornty , June 2nd, 1939 at 9:30 o'clock. ' State of North Carolina In the Superior Court Iredell County. May Term 1939 In Re: Administration of the { (#1542) Estate of C. A. Dulin Order - This matter coming on to be heard before the undersigned upon the motions heretofore made by W. R. Dalton and Hudson & Hudson Attorneys, and it appearing to the Court, which the Court finds as a fact, that a copy of the ort gin! order, dated Feby 2nd, 1939, was duly mailed to said P, P. Dulin, Executor, at hi regular address at Columbia, S. C. by his counsel, Messrs. Scott & Collier, within few days after said original order, dated Feby. 2nd, 1939, was duly entered in om Court on Said date and that said copy of said order was duly éntered in open court on said date and that said copy of said order was duly and personally received by said executor from his said counsel in due course of mail, within a few days thy after, and it further appearing to the court, which the court finds as a fact, tht & copy of original order, dated March 15th, 1939,,was duly served personally on /, P, Dulin Executor of 6, A. County) by T, A, Heise, Sheriff of Richlands Comty, >. c. by and through his dep sheriff, G. C, Addison, as show by the sheriff's return on said order filed witht court and that a copy of said order was also at that time (March 20th, 1939) left with P. P. Dulin Executor of ©, A. Dulin by said sheriff of Richlands County, %' in Columbia at the time he served a copy Of said order upon P. P. Dulin Bxecuter, and it further appearing to the court that on March 20th, the said P, P, pulin Executor, 1949, or shortly ther through his attorneys, Messrs. Scott & Collier, ™ quested of and obtained from the said W. R, Dalton and Hudson & Hudson Attorney! © the consent and &pproval of the court, Judge Wm. H. Bobbitt, Judge Presiding, i *»s @n extension of time from Apr. 13th, 1999 which to turn Over to the the 15th Judicial Mstrict of ue. C May 6th, 1939 within Clerk of the Superior Court of Iredell County, N.C « all of the assets, funds, and property of said execut orsh!} A. Dulin to be hela by said Clerk under the further orders of th of the Superior Court showing all rece pts, estate of Cc, Judge and within which to rile an account with said Clerk funds and &ssets which have come into his hands as execute or for which he is responsible and acc ¢ cuntable, wince he filed his last account © 17th, 1937, and algo Showing all disbursements which he nas 9? @8 said ex ecutor since he filea his last account with said Clerk on Dec. 17th, igs and also sh owl ng Dulin Estate said Clerk on Dec, an itemized list of all the assets, funds and property of gaid & for which saia executor Provided and as required in Dulin on March 20th, £939,in.Columbia, S. C. (En Richiai IN THE SUPERIOR COURT 83 SECOND WEEK -- MAY TERM FRIDAY, JUNE 2nd, 1939 peby. 2nd, 1939, and P. Ps Dulin Executor of C. A. Yulin and P. P. Dulin Guardian of William Dulin and Lucile Dulin being represented in own cotirt at this time by nis counsel, Messrs. Scott & Collier, Attorneys, this order is made by and with the consent of said Attorneys, and with the consent of W. R. Dalton and Hudson & Hudson Attorneys, representing certain devisees and distributees under the will of C, A. Duline Upon motion it is hereby ordered that out of the present assets of said c, A. Dulin Estate now held by the Clerk of this court, and arcgregating in value $2968.00 (and made up of cash on hand $2,000.00, E. F. Mundy and wife deed of trust for $450.00 plus $18.00 interest, total $468.00) and II shares of Iredell Development Co, stock together with Stock Certificates Nos. 66 and No. 137 issued by The Statesville National Farm Loan Association which the court today adjudged and finds to be fairly and reasonably worth only $500.00) that the following amounts, either in cash, or part in cash and part represented by said securities above referred to, be paid over and turned over, by Carl G. Smith, Clerk of the Superior Court of Iredell County to the following named persons, or to their attorneys of record, in the following respective amounts; taking their receipts for same as a part payment only on their respective interests coming to them and due them from said estate of C, A. Dulin; Elizabeth Ellen Lentz $625.00; Wilma Marjorie Lentz $675.00; Paul Lentz Guardian of Jerry Junior Lentz $725.00; Ben Lentz $525.00; Fred Lentz $21.75 which has heretofore been attached under judgment in suit-entitled "Helen Brawley Lentz Vs Fred A. Lentz" in the Superior Court of Iredell County, N. C. and which amt. ($21.75) 1s hereby ordered to be paid over to Carl G, Smith, Clerk of this Court to be applied on Helen Brawley Lentz judgment. This May 31, 1939, Wm. H, Bobbitt Consented to: Judge Presiding J. G. Hudson W. Re Dalton Scott & Vollier, Attys for Extr. Wm. & Lucile Dulin site IN THE SUPERIOR COURT SECOND WEEK -=- MAY TERM FRIDAY, JUNE 2nd, 1939 North Carolina, In the Superior Court, Iredell County, May Term, 1939 Martin B, Travis, et al ) Vs. ) REPORT Travis & Reavis Sales Company, Inc. The undersiged Receiver respectfully reports to the Court that according to the records in his possession the Auto Finance Company of Charlotte, North Carolina, is indebted to the defendant Corporation in the sum of $645.00, and the Commercial Credit Company of Charlotte, North Carolina is indebted to said corporation in the sum of $132.97; that said corporations refuse to pay the receiver, asserting that the debts above set forth are not justly defendant corporation, due the said Your receiver further reports that it will be necessary to enter suits for the collection of the above amounts, and therefore, asks the Court to make a orcer authorizing and directing This June 2nq, 19395 Re spe ctfully submitted, J. G. Lewis Recelver, him to bring suits for the collection of said sm, \ NORTH CAROLINA, In the Superior Court, IREDELL COUNTY, May Term, 1939 Martin B, Travis, et al 4 Vs. 4 ORDER ) Travis & Reavis Sales Company, Inc, Thi * cause coming on to be heard at this Term of the Superior Court of Iredell County before His Honor, William H. Bobbitt, Judge Presiding, and being heard upon the re port of the receiver and 4 the t appearing from said report that Auto Finance Pp Company of Charlotte, North Caroling ’ the sum of $645.90 Company of Chariot ia is indebted to said receiver » nd refuses to pay the Same, and that the Conmercial Credit t C 1 *+ North Carolina, is indebted to said receiver in the sua $132.97, ana refuses to pay saig debt » 8nd that it is necessary to bring sult ‘ IN THE SUPERIOR COURT 85 SECOND WEEK -- MAY TERM FRIDAY, JUNE 2nd, 1939 It is therefore, ordered and adjuiged by the “ourt that J. G. Lewis, iver, be and he is hereby authorized and directed, unless a satisfactory receiver, tlement is made with the approval of the Court, to institute actions against settlem he said Auto Finahce Company and the Commercial credit Company. the 8 Wm. H. Bobbitt Judge Presiding, NORTH CAROLINA IN THE SUPSRIOR COURT IREDELL COUNTY Tampa Drug Company, ) Plaintiff j} -vs- ) JUDGMENT G. E, French, f Defendant § This cause coming on to be heard and being heard before His Honor, William H, Bobbitt, Judge Rolding Courts in this the Fifteenth Judicial District of North Carolina and it appearing to the Court on motion of Jack Joyner, Attorney for the plaintiff, that the plaintiff be allowed to take a voluntary non-suit and the costs to be taxed avainst the defendant: IT IS, THEREFORE, ordered, adjudged and decreed that the plaintiff be 7 ase. and it is hereby non-suited and the defendant is taxed with the cost of this c Wm. H. Bobbitt IN THE SUPERIOR COURT SECOND WEEK *##* MAY TERM FRIDAY, JUNE 2nd, 1939. Somme NORTH CAROLINA, In the Superior Court IREDELL COUNTY. May Term, 1939 Andrew C. McIntosh, Successor to A. B. Raymer and Malcolm Cameron, Receivers of Rhyne Drug Vompany, Plaintiff Vse ORDER OF CONTINUANCE CG. Le Rhyne, and Mrs, Lilliam B. Little, Administratrix of E. E. Little, ee — ee er id Defendm ts. By consent of the parties, this cause is continued to the November Term, 1939.6 This the 2nd day ef June, 1949. Wm. H. Bobbitt Juage Presiding By consent: adams Dearman & eeret orneys for nt iif W. H. Childs Attorneys for Defendant C. L. Rhyne i North Carolina In the Superior Court, —- <> Iredell County May Term, 1939 W. C. York vs JUDGMENT Coco eo moO Southern Railway Company This cause coming on to be heard at the May Term of Iredell superto - before Bobbitt, Judge, and the jury, and the jury having answered each and gil of # ig submitted to it by the Court in favor of the plaintiff and against the def : » @8 set out in the record in this case and it appesring to the court that the plaintirf z entitled to recover of the defendant the sum of $293-753 recover of ooo now oredered, considered and adjudged that the pais ant in this action the sum of $293.75 together with the of this action, t » to be taxed by th © Clerk of this ¢ ourt,. Wm, H. Bobbitt Judge Presiasng al IN THE SUPERIOR COURT SECOND WEEK -- MAY TERM 87 FRIDAY, JUNE 2nd, 1939 To the signing of the foregoing judgment the defendant, in open Court epts and gives notice of appeal. Defendant given hS5 days to file case on exc peal Appellees given 45 days thereafter to file counter~-case or exceptions. ap ‘ appeal pond set at $100 -006 Wm. H. Bobbitt Judge Presiding a v North Carolina ) In the Superior Court, : Iredell County q May Term, 1939 w. C. York a ORDER Southern Railway Compeny In the above entitled case, it appearing that Dr. H. He Newman, Medical surgeon of Salisbury, N. Ceo, Was subpoenaed by the plaintiff and testified in the above case; It is ordered and adjudged that said physician be allowed an expert witness fee of $25.00, to be taxed as a part of the bill of costs in this case. Expert witness fee of $25.00 shall cover expenses of said witne sSe Wm. He Bobbitt Judge Presiding NORTH CAROLINA, IN THE SUPERIOR COURT, IREDELL COUNTY. MAY TERM, 1939. William Pressly, sie JUDGMENT. Je B. Wall and L. P. Gable, Trading as Gable's Store, and 0, A. Payne ooo oO OO nm This cause coming on to be heard and being heard before His Honor, Wm. Re Bobbitt, Judge Presiding, and @ jury at this, the May Term, 1939, of the IN THE SUPERIOR COURT SECOND WEEK -- MAY TERM FRIDAY, JUNE 2nd, 1939 IN THE SUPERIOR COURT SECOND WEEK -- MAY TERM FRIDAY, JUNE 2nd, 1939 Superior Court of Iredell County, and the following issues having been submits, After hearing the argument of counsel representing the petitioners and to the jury and answered as follows: the defendants, it appearing to the Court, and the court being of the opinion that "1. Was the damage to the automobile of the plaintiff, wm, Pregs) caused by the negligence of the defendant, 0. A, Payne, f t y servant and employee of the defendant, J. B, Wall, as allevesttt became the owner in fee of an undivided one-ninth (1/9) interest in the lands of ° the complaint? Answer: Yes. W. De McLelland, under said last will and testament of H. A. Mclelland, deceased, H, A. Mclelland, deceased, and that the estate of W. D. McLelland, deceased, is now + e 2. Was the injury to the defendant, O. A. Payne, and the damage to - the omer of an undivided one-ninth (1/9) interest in the lands of H. A. Mclelland, the automobile of the defendant, J. B. Wall, caused b y y the negli. gence of Willie Reese, the agent, servant and employee of a deceased. plaintiff, as alk ged in the counterclaim? Answer: Yes. Aecordingly it is now ordered, adjudged and decreed that the estate of 3e Notwithstanding the negligence of Willie Reese, if any, could the } W, D. McLelland, deceased, is the owner in fee of an undivided one-ninth interest defendant, 0. A. Payne, servant and employee of J, R, Wall, thro the exercise of due care, have avoided the damage to the Plaintire!, automobile, as alleged in the complaint? Answer: No," in the lands of EH. A. McLelland, deceased, and is entitled to receive one-ninth (1/9) of the net proceeds derived from any partition sale of said lands, It is furtherordered that this cause be, and it is hereby, remanded IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED That the plaintirr recone to the Clerk of Superior Court for Iredell County with directions to said Clerk nothing by reason of his action arainst the defendants, J. B. Wall, trading as Gable's Store, and 0. A. Payne, and that the defendants, 0. A. trading as Gable! to pass upon said petition and proceedings, by orders not inconsistant herewith, Payne and J. B, kl, 8 Store, recover nothing on their counterclaim, It is further ordered and to proceed in all respects as by law provided in special proceedings by tenants in common to sell lands for partition. » adjudged and decreed that the plaintiff be tami This cause is retained for further proceedings before the Clerk of the with one-half the cost of this action and the defendant, J. B, Wall, be taxed with Superior Court of Iredell County. One-half of the cost. Wm. H. Bobbitt Wm, H. Bobbitt JUDGE PRESIDING : Judge Presiding APPEAL ENTRIES To the judgment of the Court, holding that, under the last will and North Carolina, testament of E. A, McLelland, deceased, W. D. McLelland became the owner in fee Iredell Vounty. In the Superior Court of an undivided one-ninth interest in the lands of H., A. McLelland, deceased, and that the estate of W. D. McLelland, deceased, is entitled to receive one-ninth of Mrs. Martha McLain and husba - a Je R. McLain, et al, - net proceeds derived from any partition sale of said lands, and to the signing Vs. of the judgment herein, the plaintiffs except and appeal to the °upreme Court. " ORDER Se Annie Phillips and h Dennis Phillips, os al = Notice of appeal given in open Court, and further notice waived. Appeal bond fixed at $50.00, By consent of all parties, it is ordered that the summonses, petition, answers, copy of the will of KH. A. McLlelland, deceased, Judgment and 1939, Term of Order and appeal entries shall constitute the case on appeal. t before His Honor, Wm. He Bobblth o He bbitt to the civil issue docket by eis rSeeTIne b » if any, in the lands devised to" ° Pleadings f A, McLellana, deceased; » @nd being heard unron th and testament of H, IN THESSUPERIOR COURT SECOND WEEK -~- MAY TERM FRIDAY, JUNE 2nd, 1939 NORTH CAROLINA, IN THE SUPERIOR COURT, IREDELL COUNTY. MAY TERM, 1939 D, Le. Raymer, Administrator, c.T.A. of the Estate of W. De Mc Lel land, Receased, Et Ale -VS= Carrie Elliott McLelland, in- aividually and Carrie Elliott McLelland, Executrix of the Estate of W. D. McLeliand, Deceased, Et Ale Mis cause coming on to be heard before William H. Bobbitt, Judge Presii{ saida cause hating been transferred to the Civil Issue Docket by consent for detens ation here as to whether Carrie Elliott McLelland, individually and as Executris, | entitled to the relief set forth in her answer, and being heard on the petition, ui answer of Carrie Slliott McLelland individually and as Executrix, the will of ¥,1 McLelland, deceased, and the consent judgment entered in civil action No. 7268 enti “Tn Re Caveat to the Last Will and Testament of W. De McLelland, deceased," all parties herein having been parties also in said civil action Noe 728, and the Cou! being of the opinion that the Court is without authority and power at law or in eq in the absence of the consent of all interested parties, to grant the prayer for relief us asserted by Carrie ‘lliott McLelland, individually and as Rxecutrix, it her said answer, the Court declines to enter judgment in this action, permitting the said Carrie Elliott Mclelland, individually and as Executrix, to have partitia and allotted to her now one-half of the realty owned by the W. D, MeLelland estate by paying into court, or as the Court may direct, one-half of the debts, speciél beque sts and charges of administration of the }. D. MeLelland estate; and it appet to the Court from the allegations and admissions in the pleadings that the persc property of the W. D. McLelland estate is not sufficient to pay the debts, specks! bequests and charges of administration: IT IS, THSREFORE, ORDERED, ADJUDGED AND DECREED That thie cause >, an it is hereby, remanded to the Clerk of the Superior Court of tredell County, with directions to said Clerk to pass upon said petition and proceedings, without reget to the alleged further answer and defense set up in the answer of Carrie EL 1iott Mclelland, individually and as Executrix, and to proceed in all respects &§ by =. in @ special proceedings by a personal represmtative to sell land to a - pay debts, special bequests and charces of administration, just 48 2 wer : of Carrie Elliott McLellend, individually and as Executrix, nad no alleged and asse rted her desire to have partitioned and allotted to her now one of the realty owned b y y the W. D. Mclelland estate, by paying into court, oF uo Court may direct » One-half of the deb 8° tration. ebts, special bequests and charges of admin! IN THE SUPERIOR COURT SECOND WEEK -- MAY TERM FRIDAY, JUNE 2nd, 1939 It is further ordered, adjudged and decreed that any order of sale of the lands of the W. D, Mclelland estate entered by the Clerk herein shall provide that the We De McLelland home place and that part of the V shaped tract of land lying between the old Charlotte or Momtain Road and the River Road immediately in front of the dwelling and adjacent premises, shall not be sold until all other lands belonging to the W. D. Melelland estate shall have been sold. This cause 4s retained for further proceedings before the Clerk of the Superior Court of +redell County Wm. H. Bobbitt Judge Fresiding To the foregoing judgment denying the defendant, Carrie Elliott MeLelland, individually and in her representati ve capacity, the relief as set out in her answer, the defendapt Carrie Elliott, sndividually and in her repre- sentative capacity, excepts and appeals to the ‘uprem Court. Notice of appeal in open Court and all other notices of service thereof waived. Appeal bond in the sum of $50,00 is adjudged sufficient. By consent, the appéllant allowed 60 days to serve case on appeal and the appellee 5 cays thereafter to serve countercase or file exceptions. By consent, 4t is agreed that the petition, answer, consent judgment, will of W. D. McLelland and this judgment shall constitute the case on appeal to the Supremes Court. Wim. H. Bobbitt North Carolina, In the Superior Court, Iredell County. May Term, 1939 ¥, 8. Shell -Va@~- . Cook, trading as + ¥. Cook Roofing Co. This cause coming on for trial at the aforesaid Term of Iredell Superior Court before the undersigned Judge, and it appearing to the court that the Plaintiff " 89 IN THE SUPERIOR COURT 88-D SECOND WEEK -- MAY TERM FRIDAY, JUNE 2nd, 1939 called by the Sheriff to come in and prosecute this action or he would ty annett COUR « was non-suited, and it appearing that the plaintiff failed and neglected to appear , and prosecute this ac tion: ee ><> <> It is therefore ordered, adjudged and decreed that this action be, an VSe \ ) the same is hereby dismissed, and the plaintiff is taxed with the costs, .* re Tis the 2nd day of June, 1939. Wm. H. Bobbitt to NORTH CAROLINA, In the Superior Court IREDELL COUNTY. May Term, 1939 S. S. Thomasson Q VS: " / Juanita H. Thomasson 4 This cause coming on to be heard, and it appearing that the defendant 1 open court has withdrawn her answer, and it further appearing that the plaintiff has asked that he be allowed to take a nor-suit; It is now ordered and adjudged that the plaintiff be and he is hereby © . ‘ suited, and that he pay the cost of the action to be taxed by the Clerk. | Wm. H, Bobbitt By Consent: Judge Presiding Land & Sowers Attysai for PIEtf. Je G. Lewis ; s Atty for defendant. ) ; ) . . pert beret JUDGE’ PRESIDING . IN THE SUPERIOR COURT P68-D SECOND WEEK -- MAY TERM | FRIDAY, JUNE 2nd, 1939 / “spp CAB OTLB ga va : See -LER-CLERK lled by the Sheriff to come in and prosecute this action or he Would by | laeppnt Coury. was calle ‘ suited, and it appearing that the plaintiff failed and neglected to ppear z white, and John R. 9 non= 9 We the bate See of H.'G. y Morrison, ACIIs ( and prosecute this action: Morrison, dec'C. j It is therefare ordered, adjudged and decreed that this action be, a ty , ; the same is hereby dismissed, and the plaintiff is taxed with the costs, U. Le Hafer ) This the 2nd day of Jume, 1939. tS) on noe hearer ‘ f¢ ”* jars ned This cause coming on to be heard and betng he C take @ voluntary nonesuit in this acti der adjudced and reed that this action be, and It te therefore ordered, ju the sam is hereby non~suited, a ' . a ; P r PA T + 29 12 of aT » 19 9. C. Smith = rs Srior ton oats NORTH CAROLINA, In the Superior court IREDELL COUNTY. May Term, 1939 S. &S. Thomasson vs: / Juanita H. Thomasson : This cause coming on to be heard, and it appearing that the defendat 1 — open court has withdrawn her answer, and it further appearing that the plaintiff has asked that he be @llowed to take a non-suit; le rt ) It is now ordered and adjudged that the plaintiff be and he is herely ve j ) suited, and that he pay the cost of the action to be taxed by the Clerk. Francis Lambert ) 7 he fore he undersiened Wm. Bobbitt . me wn o : aT Cy OS € By C t Judge Frees 4 49304 hat the rintii desires to onsent; : a sienna iil Uidiina ious t Land & Sowers tale t ' ; ‘ On =< ‘4 = a 1 2 art ton: Attyst Tor PItT,. hat this action be, ar the It is ti efore ordered, ljudce ; oc! ra ees J. G, Lewis » tavyed with the costsSe “Ktty Tor defendant;>— same Le ne y no -sut ted, nr the pla intl { is LaYvec Wl Uil we : This the 29 day of May, 1939. aut De eek ees : " “Clerk superior court ue ‘ Wp ™ JUDGE’ PRESIDING In the Suverior vourt, Before the Clerk. Tre? uv UDGLiENT OF NON-SUIT ee ee ee ere ee ee Hee eee ee ee ee TERR Om Re OO OR REET NORTH CAROLINA, SUPERIOR COURT, IREDELL COUNTY. BHFORE THE CLERK. Grace L, Myers vs JUDGMENT OF NON suUIT William G. Myers This cause coming on to be heard, and being heard before the un ders igneé Clerk of Superior Court, and it appearing to the Court that the plaintiff desires to take a voluntary non-suit in this action: It is thereupon ordered, adjudved and decreed, tat this action be, - the same is hereby non-sulted, and the pldintiff is taxed with the costs. This the 29 day of May, 1939. C. G. Smith Clerk Superfor Court ( IN THE SUPERIOR COURT yoRTH CAROLINA, : BEFORE THE CLERK IREDELL COUNTY. ti. ro mhite, and John Re Morris MM, Admr. of He Ge ! yorrison, dec'de JUDGMENT OF NON SUIT, vs U, L. Hafer This cause coming on to be heard and being heard before the undersigned “Werk of Superior Court, and it appearing to the Court that the plaintiffs desire to take a voluitary non suit in this action: It is therefore ordered, adjudged and decreed that this action be, and the sane is hereby non-suited, and the plaintiffs are taxed with the costs, This the 29 day of May, 1939. C. G. Smith Ulerk Superior Court. NORTH CAROLINA, IN THE SUPERIOR COURT, Myrtle Lambert v8 JUDGMENT OF NON SUIT. Francis Lambert , t "Ss da This cause coming on to be heard and being heard before the undersigne ires Clerk of Superior Court, and it appearing to the Court that the plaintiff des to take a voluntary non-suit in this action: b and It is therefore ordered, adjudged and decreed that this ee Ms the same is hereby non-suited, and the plaintiff is taxed with the costs. This the 29 day of May, 1939. C. G. Smith Clerk Superior Court. NORTH CAROLINA, IN THE SUPERIOR COURT, IREDELL COUNTY. BEFORE THE CLERK, D, C. Thompson i vs 0 JUDGMENT OF NON-SUIT ) 0 Glenn Eckard This cause comimg on to be heard and being heard before Hon. C,. G, Smith, @lerk Superior Court of the County and State aforesaid, and it appearing to the Court that the plaintiff desires to take a voluntary non-suit tn this action: It is therefore ordered, adjudged, and decreed that this action, be, and the same is, hereby nonsuited, and the plaintiff is taxed with the costs, This the 29 day of May, 1939. C. G. Smith Clerk Superlor Court NORTH CAROLINA IN THE SUPERIOR COURT IREDELL COUNTY ” Standard 011 Company of New Jersey, a corporation, -Vs- JUDGMEN? Atlantic Paving Company, Stearn Bros, Inc., and the Southern Surety Company of New York #708 THIS CAUSE, coming on to be heard before His Honor, C. G. Smith, Clerk of the Superior Court of Iredell County, and being heard; and it appearing to the court that the plaintirr desires to take a Judgment as of non suit against the Southern Surety Company of New York; THEREFORE, on motion of Jack Joyner, attorney for the plaintiff; it is ORDERED, ADJUt GED AND DECRE ED by the Court that the plaintiff's cause of action acainst the Southern Surety Company of New York be, and it is hereby, dismissed by judgment &s of non suit, THIS 29 day of May, 1949. C. G, Smith ORT? 93 In the Superior Court, North Carolina, Before the Clerk Iredell Countye ‘ JUDGMENT Se Robert Allman Q This cause coming on to be heard and being heard before the undersigned Clerk of the Superior Court of Iredell County, and it appearine to the Court that the defendant has not filed an answer within the time provided by law; It 1s therefore, ordered and adjudged, upon motion of the plaintiff, that the defendant pay the costs of this action, and that same be dismissed, This Sune 5th, 1939. C. G. Smith Clerk Superfor Court, Iredell County y NORTH CAROLINA, IN THE SUPERIOR COURT, IREDELL COUNTY, BEFORE THE CLERK. Deller Cameron vs JUDGMENT OF NON SUIT “ooo oO John R, Cameron This cause coming on to be heard and being heard before the undersigned, Clerk of the Superior Court for the County and State aforesaid, and it appearing to the Court that the plaintiff desires to take a voluntary non-suit in this action: It is therefore ordered, adjudged and decreed that this action be, and M@ stme is hereby non-suited, and the plaintiff 1s taxed with the costs. This the 29 day of May, 1949. C. G. Smith Clerk Superior Court North Carolina In the Superior Court Iredell County Before the Clerk N. F, Steele, plaintiff, JUDGMENT vs. Je R. McHargue, and wife, Kate McHargue, defendants ee — This cause coming on to be heard, and being heard before the undersigned Clerk of Superior Court of Iredell County, North Carolina; and, It apparing to the Court from statements made to the Court by John ¢, Sharpe, attorney for the plaintiff, and Raymer & Raymer, attorneys for the defendants, that the plaintiff and the defendants have compromised and settled the differences arising in this action upon the terms of the defendants paying to the plaintiff th sum of $100.00 and paying into Court the sum of $8,00 to apply on the court fosts of this action; and, It appearing to the Court and the Court finding as a fact that said sumo! $100.00 has been paid to John Cc, Sharpe, attorney for the plaintiff, and the sw of } has bem paid into this Court to apply on the Court costs taxed in this action; ani, It further appearing that the plaintiff desires to take a non-suit in this action: It is, therefore, ordered, adjudged and decreed by the Court that a judg of non-sult be, and the same is hereby, entered int his action and the action is dismissed, and it is further ordered and adjudged that the plaintiff pay the costs of this action, over and above the sum of $8.00, This the 29th day of May, 1939, C. G. Smith Clerk Superfor Court. STATE OF NORTH CAROLINA IREDELL COUNTY IN THE SUPERIOR COURT Gilbert Engineerin & Company a corporation, Plaintiff, vs. JUDGMENT Mrs. Beatrice Jensen, Defendant, oS SS This cause coming on to be heard, and being heard before his Honor Carl gaith, Clerk of Iredell Superior Court, on Monday, June 5, 1939, and it being G. m , : de to appear that the plaintiff has elected not to pursue its action further, and made to take a voluntary nonsuit; Now, Therefore, it is upon motion af John WwW. Wallace, attorney for the lsintiff, considered, ordered and adjudged that the action be dismissed as of plain , yoluntary nonssuit. Yhis the 5th day of June, 1939. C. G. Smith Clerk of Iredell Superlor Court ( NA ae See IN THE SUPERIOR COURT IREDELL COUNTY. Hilliard B. Atkins, Keceiver of the First National Bank of States- ville, North Carolina, FINAL JUDGMENT Vs. _—_: <_ <_<, irs. Mary M, Mann, This cause coming on to be heard, and being heard, before the undersigned Clerk of the Superior Court of Iredell County, North Carolina on this Monday, the jth day of June, 1939, on motion of C, H. Dearman, Attorney for the plaintiff, for Judgment by Default Final, and it appearing to the Court that summons was issued on the 21st day of April, 1939; that summons was returnable as provided by law; that on the 21st day of April, 1939, the plaintiff filed a duly verified complaint with the Clerk of the Superior Court of Iredell County, demanding a sum certain in money due na stock assessment le vied by the Comptroller of the Currency, on stock which the “efendant owned in the First National Bank of Statesville, North Carolina, at the time it was declared insolvent; that a copy of the summons, together with a copy of te Complaint, was served on the defendant, Mrs. Mary M. Mann, on the 25th day of April, 1939 and it further appearing to the Court that the time allowed for the defendant 0 plead has elapsed, and no answer, demurrer, or other pleading, or motion, has been filed by the defendant; and it appearing to the Court that the plaintiff ds entitled "0 @ judgment on the stock assessment which was kb vied by the Yompfroller of the "wrency, in the amount of Four Hundred Dollars ($00.00) together with the interest thereon from the 1st day of March, 193), less payment of Ten Dollars ($10.00) on 13 November, 1934, payment of Ten Dollars ($10.00) on 31 March, 1936, and payment of Pi 8 Dollars ($5.00 on 7 May, 1938, THEREFORE, IT IS ADJUDGED, DECREED, AND ORDERED, that the plaintigs recover of the defendant, the sum of Four Hundred Dollars ($00.00, together with interest thereon from the lst day of March, 1934, less payment of Ten Dollar, ’ $10.00) on 13 November, 193, payment of Ten Dollars ($10.00) on 31 March, 1936 ’ and payment of Fivelollars ($5.00) on 7 May, 1938, together with the costs of thi, action to be taxed by the Clerk of this Court. This Monday, 5th June, 1939. Ce. G. Smith Clerk Superior Court of Iredell County. NORTH CAROLINA, SUPERIOR COURT IREDELL COUNTY. i THE CLERK A. F. Craven, PIAINTIFF, This cause coming on Oo ne hea: 1 heft fo re a1 the undersigned Clerk es Court of Iredell County, and beins heard, an appearing to the Court A AT) ppesc ah Lic Y Lk lay of A : lat “6 fae aay OL 4 Js pla intif L procure ] a summons and wri . of claim and del ivery, — the possess 1 of th 7 2 possession of the personal property he : : vainst aes onal property hereinafter mentioned, to be issued aga the defends ~atvnrmahle — eaene rmons and 19th iy of May, 19439 and that said of claim and sii ; 908 served on the defendant on the 1 th lay of April, 144% Caf led to tive the replevy bond for the hereinafter mentioned perional property ' ee " ervuy Sai 7s f Yr yy . ’ . , Char ff perty, d personal property was delivered vy the Sheriff plaintif f pendins the fine > sn eee . ~ . final termination of this action; and it further appearin this is an action on a note to recover the VOC fendar amount due thereon; and which de failed to pay, to-wit, One Hundr Seventy ($170.00) Dollars with interest fr March 15th, 1947 and for t} ion of said and it further appearing to the Court that on the 8th day of May, 1939, plaintiff filed a verified complaint in said action, and that more than twenty days have elsp* Since the return date of said summons, and that defendant has failed to appeals e or demur to said verified complaint of the plaintiff; and it further appearing to te ta (8 LO * personal property hereinafter dese! «it that the indebtedness due the plaintiff is secured by a Chattel Mortgage on one court norse mule eleven years old, one blue mare mule nine years old, one dark Jersey or gray denorned cow five years old; and it further appearing to the Court that the defendant due and owing the plaintiff the sum of One Hundred and Seventy ($170.00) {gs now ; Llars with snterest from the 15th day of liarch, 1947; and it further appearing that Dollar the aforesaid Chattel Mortgage that in case of default by the defendant that the under ia A, Fe Craven has a right to take possession of the said personal property and sell $8 er . he same at public auction after first giving twenty days notice at three or more the sav public places and apply the proceeds from the sale of said property to the payment of said indeb tednesse IT IS, THEREFORE, considered, adjudged and decreed that the plaintiff recover S, THERE of the defendant the sum of One Hundred and Seventy ($170.00) Dollars with interest from the 15th day of March, 1937, together with the cost of this action to be taxed by the Clerk. It is further considered and adjudged that this judgement for One Hundred and A - » +} Qh Jay f We Yn G27 rather yi t Seventy ($170.00) Vollars with interest from the 15th day of marcn, 1937, together with } } e hereby ceclared on he 1a consitute a the cost of this action be, and the same is, hereby declared to be ana con ( 1 - +) } nr > Sa anc ¢ } In’ rr specific lien upon the above mentioned personal property, anc that whe plaintiff L« : r¢ yanerty wander ata Chat 1 Nortcare. entitled to the possession of said personal property unde id Chattel Mortgage + ri : * on a | It is further considered, adjudged and decreed that Mrs. A. F. Craven be a , } - 9 ' entd araon and she is hereby, appointed Commissioner and authorized to sell said personal ‘ ef . twantw Aat< 4 Pr ant, ale hw property at public auction for cash after ivine twenty dayghotice of said s le by 4 wv ana that he vr seds f posting a notice at three public places in Iredell County ana it the procec oO ale be disbursed according to law. This the 19th day of June, 1949 4/44? NORTH CAROLINA, TREDELL COUNTY. Yeorge C. Moore and R. C. McConnell, PLAINTIFFS “VSe Mrs. J, B, (May) Moore, Defendant This cause coming on to be heard before the undersigned Clerk of the Superior °f Iredell County, and being heard, and it appearing to the Court that on the 18th day of April, 1939, plaintiffs procured a summons and writ of claim and deliy, . + ba for the possession of the personal property hereinafter mentioned, to be iseueg yorTH CAROLINA, IN THE SUPERIOR COURT against the defendant, returnable on the 19th day of May, 1939, and that saig Summ IREDELL couNTY and writ of claim and delivery was duly served on the defendant on the 18th day of 4, We Pegram, individually, and her next April, 1939, and that the defendant having failed to give the replevy bond fop the | = eefie and Neal Pegram, by W. Pegram, : | friend, W. Plaintiff. hereinafter mentioned personal property, said personal property was delivered by the Sheriff to the plaintiffs pending the final termination of this action; and it =¥5" ministrator further appearing that this is an action on a note to recover the amount due theres, Joseph Be. Johnson, Adni ? H, E Lewis, and others, a . Defendants. and which defendant has failed to pay, to-wit, Ninety-two (392.00) Dollars with 4. terest from April 18th, 1949 and far the possession of said personal property here. + } - an ov Wh # , e nh Q - ' . » > 7 4 oO se Xt inafter described; and it further appearing to the Yourt that on the Oth day of lay, Tis cause comming on to be heard upon motion of B. F. Wellons, attorney for plaintiffs filed a verified complaint in said action, and that more than os plaintiff in the above entitled action, and it appearing from the petition that ta twenty days have elapsei since the return date of said summons, and that defendant shine > ee - ant-«r aint’ said W. W. Pegram, individually, is 2 proper and necessary party plaintiff in said action o p of) nnenar Newe ’ »”) » *y¢ o Y ywartifiad eam 9 a f° ha Phas ‘ ara oa ‘ a has failed to appear, answer or demur to said verifled complaint of the plaintiffs; in order that a full and complete determination of all matters and things in contro an further earing to the Vourt thr 1e indebtedness a itiffs wv starnt $ same 2 and it furt pear t f urt that the indebdtedne ue the plaintiffs 1s versy between the parties may be finally determined in the same action. secured by a Chattel Mortz On one mouse colored mule, ten years old; and it WHEREFORE, it is ordered, adtudred and decreed that W. W. Pevram, individually, BILGE VU iliag we “ © further appearins defeniant ls nm Que and ow * th in- , . hove s further appeari ofeniant is now due and owing the plain be named plaintiff alonz with the other plaintiffs as above set out. a tiffs the sum of Ninety-tw 92.00) Dollars with interest from the 13th day of \V bh f > } © + nA 4 : And it is further ordered and decreed that W. W. Pegram be allowed to adopt at under the aforesaid Chattel Mortgage thet — kan ee ee as his om the original complaint as filed in this action. ase of default by the 4 hat the said George Moore and R, . : — Tais the 5 day of July, 1939. have a right to take possession of the said perennal property C. G. Smith ) “lark of the Superior Court. public auction ‘ter firs vine twenty days notice at three or ™ ‘ } acl . and to apply the procee from the sale of said nronort: 4} ea ae the petition and order as av0ve PaJ vse } AS m oun sad ; sal pro rty to the payment oO: : . Po . aig outlined, is agreeable to the indeodtedness attorney for the defendart &nd the attorney for the plaintiff. 77 ‘ decreed that s B. F. Wellons and ‘ harap lyr, "\Y On — " * Atto a > nc be in sn f rl YT» ay y TL US ri Sf mer and aut iorized to sell sat I na. rm y for the defen lant. ~y rwty at sya) ’ > Sy . Pe a . . : property : pu > @uction for l fter siving twenty days notice o Zeo. V. Turlington s ° Ltt vas 3 Y atin ‘ Attor ¢ r posti Younty and that the proceeds o% orney for the plaintiff. said sal C. G Smith CLEMe Or cOPemnlOn COURT. i) NORTH CAROLINA ao IN THE SUPERIOR COURT TREDELL COUNTY. David Beaver, Plaintiff. -VS~- Jose W te ph B, Johnson, Administrator, + Lewis and others. Defendants. ed The above matter coming ‘on to be heard and being heard by the undersign Tu Sge holding the May Term of Iredell Superior Court, and it being made to appear oat a Compromise has been agreed upon between the parties litigant ane ‘hes 100 the plaintiffs, in full discharge of all matters set out in the complaint » Should given judgment against the defendant Joseph B. Johnson in the sum of $1.00. Poup Hundred Dollars, Now therefore by agreement of the plaintiff, the defendant, and their Pespers PMs ive counsel, it is considered, ordered and decreed that the plaintirr have and Pecona of the defendant Joseph 3. Johnson, the sum of $00. together with the Cost of thi, action to be taxed by the Clerk, It is further agreed that this judgment may be Signed subsequent to the adjournment of court and out of the district. This the 30th day of June, 1939. Wm. H. Bobbitt Judge ere B. F. Wellons Attorney for the plaintiff, Scott & Collier & Zeb. vy, Turlincton Attorney for the defendants, ee ote teledt eM Matatatald ee aaa NORTH CAROLINA ' THE Ss : NT SUPERIOR COURT IREDELL COUNTY W. W. Pegram, individually, and Effie and Neal Pegram, Sy her next friend, W. W. Pegram, Plaintiff, -Vs- ) Joseph B, Johnson, Administrator, "] H. E. Lewis and others, Defendants, 4 The above matter Coming on to be heard and beins heard by the undersigned udge holding the May Irex C judg & the May term of 4redell Superior vourt, and it being made to appear that a compromise has been agreed upon between t he parties litigant and their counst the plaintiffs, in full discharge of all matters set out in the complaint, should Given judgment against the defendant Joseph B, Johnson, in the sum of $200. Two Hundred Dollars Now therefore by agreement of the plaintiff, the defendants, and their respective counsel, it is constdered, ordered and decreed that the plaintiff have defendant Joseph 38, Johnson the Sum of cost of this action to be taxed by the Clerk, and recover of the $200. together with the It } , is further agreed that this Judgment may be signed subsaquent to the adjournment of court and out of the district This the 30th day of June, 1939. Wm. H. Bobbitt Judge B. F. Wellons [itorney for the plaintiff. & Collier & Zeb. V. Turlington Scott the defendants. Ittorney for BESCSESESESESESE « SESESE ESSE eat oeee Seen eee oe seen see | 20.90.36.96.80 96 90 96.56 56 SESE TEAESEDESETEDETETETE SESETEESESESESESESE ThSeet ee ce sect teee SESE SESE SE Ee ets SIE TENe See Se este Mode Sede tt Let Seeds CR LNCS TN eae aN +4 SEM Soohdhtes, > % Sede NeMeatiepedod ore WN * eerie ( NORTH CAROLINA, IN THE SUPERIOR COURT. IREDELL COUNTY. John Beaver, Plaintiff, “VS- Joseph 8. Johnson, Administrator, H. E. Lewis and others. The above matter coming on to be heard and being heard by the undersigned Judge holding the May Term of Iredell Superior Court, and it being made to appear that & compromise has been agreed upon between the parties litigant and their counsel, the plaintiffs, in full discharge of all matters set out in the complaint, should be given judgment against the defendant Joseph 3B. Johnson, in the sug of $200.00 Two Hundred Dollars, Now therefore by a:reement of the plaintiff, the defendants, and their respect- ive Counsel, it is considered, ordered@ and decreed that the plaint&ff have and recover of the defendant Joseph B. Johnson, the same of $200. together with the cost of this action to be taxed by the Clerk. It is further agreed that this judgment may be signed subsequent to the ‘djournment of court and out of the district. This the 30th day of June, 1949. B. F, Wellons Womey forthe pietattt7— Scott 4 Collier & Zeb, v. Turlington orney for © defendants, Wm. H. Bobbitt Judge NORTH CAROLINA, IN THE SUPORIOR court IREDELL COUNTY. Before the Clerk Salisbury Morris Plan Co. -vVs- Judgment William Rhodes This cause coming on to be heard before his Honor, Cc. G. Smith, Clerk Superior Court of Iredell County on Monday, July 10, 1939 and being heard and being heard and it appearing that the action is on a note and also for recovery of personal property and it further appearing the summons in the cause and the requisition for the seizure of the property were issued on November 25, 1938 and were served on the defendant, William Rhodes, on November 29, 1938 and the property described in the claim ana delivery was seized on November 29, 1938. That a 46 t replevy bond was executed by the defendant and his surety, T. M. McNicht, that a m2 aq oe $ ~ h t Y ‘ an order was made givinc the plaintirr until December 16, 1938 in which to file complaint. + fryonthan — m4 wr hea in It further appeart that the complaint duly verified and a copy thereof were filed in the fic ’ the Cleris of $ t 3 in the office of the Cler: o+ superior Court on December 9, 1938 and the copy was transmitted to the defend ant, William Rhodes. It ry urthanr « £ r tha a } . we wer appearing that no answer has deen filed and that more than thiry days hav lapsed sine he f47 e y cays € elapsed since t filings of the complaint and the service of } .)~, o 5 , the summons and the Seizure of the property, It is thereby ordered and ‘sec that the plaintiff recover of the defendant and his dondsman, T. M. Melli cht the sum of 5348.00 with interest thereon from November 10, 1930 at the rate of 6% per annum, the cost of this action and that the plaintirr be adjudged entitled to the possession of one 1937 Chevrolet De Luxe Coach, motor nunber 690890, automobile and that the plaintiff is hereby authorized td sell the said automobile at public auction after due nneersioanent “cording to law and apply the proceeds therefrom to the payment ha ci . of this Judgment end if “ny Surplus remains to pay the same over to the defendant, W am Rhodes The } William Rhodes, «ne cost to be taxed by the Clerk of this Court. This cause 18 retained and set for . mined and set for trial at July Term, 1939 Court to find the value of the automobile at the time of replevy, This July 10, 1949, C. G. Smith — Clerk Superior Court. Peete, ston, CODES St Se te ay We ee ee OIL SL St fe eee sett WUT ete seae se ee see oe SRRHHBHEHHHHHHEHHEEHE tH 103 i NORTH CAROL INA IN THE SUPERIOR Court RRPORT 7 7 , dividual rman D. Mendélsohn, an in L ae and doing business as H. D. an yendelsohn Company, PLAINTIFF JUDGMENT . Reavis, an individual trading a Bins ousiness as Reavis Casket } Ct an my Ty Company DEFENDANT ) This cause coming on to be heard and being heard before the undersicned Clerk of the Superior Court of Iredell County and it appearing to the Court tha dumons was duly issued in the above entitled cause and at the time of the issuance of summons a duly verified copy of the complaint was filed in the office of the Clerk of the Superior Court and that same was duly served on the defendant and it further appearing to the Court that the time for answering, Cemurring or otherwise pleading has now expired and that the plaintiff is entitled to the relief demanded in the complaint: NOW, THEREFORE, it is considered, ordered, adjudged and decreed that the plaintiff recover of the defendant the sum of 5691.00 with interest thereon from July 15th, 1937 until paid, together with the cost of this action to be taxed by the Clerk. July 10, 1939. itptete cece se se se 90 90 ar 50 a 54, St Se 6 Se Se Se Sr S636 36 56 06 04 Settee aed Batata edhe etadh Sedec hh Le eOe Shed elect sececeoboed pes PRR Rees MOL OL Ot fe oe Pee Se Re FESS OLLIE LILIES PLO SE SESE SELL SLIL | OOS. < "et eel ae) ie a NORTH CAROLINA IN THE SUPERIOR COURT IREDELL county irs. Jettic Ritchie, Plaintiff. | ” " JUDGMENT OF VOLUNTARY NON-SUIT Yorn 2, McNeely, Defendant. ) This cause coming on to be heard and being heard before Hon. C. G. Smith, Clerk of Superior Court of Iredell County, and it appearing to the satisfaction of t *® Court that the plaintiff desires to take a voluntary Non-suit of the case now Pen “ing in the Superior Court of Iredell County. ( North Carolina, Now therefore, it is upon motion of Abernathy & Caldwell ang W. H, In the Superior Court. Iredell County. Childs, Attorneys for plaintiff, ordered, adjudged and decreed that the plaintirs be, and she is hereby permitted to take a voluntary Non “Suit in the 2DOVe~entit Euma Madison Mrs. action, and the plaintiff is taxed with the cost, Judgment. Vs. a Mrs. r , 1 * . S. Albea on This the 27th day of June, 939 a“? Albea C. Ge. Smith ~ UClerk of Super! or Gourt— This cause coming on to be heard on this Monday the 17th day of July, nis \ . o d it appearing to the court that the verified complaint was filed in this 1939 an the 26th day of April, 1939, and that the Summons ana complaint was office on - Sb Meese tees OR RRR RTE 9 " hi Vv \ fred don the defendants on May Ist, 1949; that more than thirty days have exp — : hh . 1, t the defendants have failed to answer or plead in this cause; the cotrt and tha ‘ further finds the facts as alleged in the complaint to be true. adjudged that the plairtiff It is therefore upon motion, ordered and adjudged that I c a "TO ° letagceee ee seas recover judgment of the defendants the sums as follows: | | ‘ st 10th, 1939 at 6%, with credits as Iredell County Before the Clerk, 1. 5400. with interest from August Oth, 1935 e ee oe a Llc é _— 43 32 4 st a rite ii I . follows: S24. August 10, 1933, vote Augus 0, 1934, 16th, 1936, $22.75, March 3rd, 1938. . 33, at 6% with credits as he Be. Cooper a March 2 1933, at 6% w redit: sa B. per, laintirr 2. 9270.00 with interest from } ch gi 423? 23 on Novesiber 18th, 1936. oe = follows: 316.75 March 20th, 193), and $53.7 a Vs. JUDGMENT OF NON-SUIT Lynn Sherrill and wife, ee a2 56% with credit of 3. 9300.00 with interest from July 2th, 1935 at 6% with cre Nancy Sherrill, defendants, aw 218.00 on November 18th, 1936. Se a ; " ° J 9 he defendants pay the cost of It is further ordered and decreed that the defen pay this action. This cause coming on t- be heard before the undersigned Clerk of Superior C. G. Smith Court for Iredell County, North ¢ rolina, and being heard upon the motion of Raymr rk Oo t 1A uperior ourt 4Cln ~ Vilsld ~ Woe Ve the plaintiff, that the plaintiff be allowed to take a voluntary non-suit in the above entitled action; and, It appearing to the court that the plaintiff desires to take voluntary non sult in said action: Wee seteesecearepseae se THMHMMEEHEE? ISMMHMHEMHES GHMMHHMHMEReE dheiededes mm Sm there fore, ordered, adjudged and decreeq by the Court that the 2 . , / + t ne + plaintiff be, and he is hereby, allowed to take a voluntary non-suit in the above entitled action, is taxed with t , ‘ Plaintirs he costs, STATE OF NORTH CAROLINA ew z ay ‘400 ary ateey Da eo hh z > # + This the 135 day of July, 1939, IN THE SUPERIOR COURT. COUNTY oF IREDEL C. G. Smith + — oe ur Th vierk Superfor Co THE FEDERAL LAND BANK OF COLUMBIA, To the sranting of the above non-suit the defendants in apt time objecteé Plaintiff, and appeal to the Superior Court, asainst ORDER CONFIRMING SALE. rs, Jennie a ) ) Lynn She Sherrill Benn te Neal Linker (widow yn errill and Nancy al “dgar Ny, Linker and wife, Grace E,. } The foregoing appeal is By: B. F. Wellons Atty for Defen? Linker, et al ) withdrawn «& abandoned, ; 7 ae : Defendants. { April 29, 19h0, B. F. Wellons, Atty. for Defendants, Bae dedede 4, SSE Sede ge gis: as. 404) Sheets cose a. < RTS ted digs ay WTS Tetiett Sage ge esses setesestee a sete sede tage. WE Se se seth Sede en- q Commissioner in the above sialaehehsietaiaialiciceiaiceiaeadeneidlll On hearing the Report on Sale filed by the Com a Court that ss Rie ®ase> on the 29th day of May, 1939, and it appearing to the aa 106 said sale was duly advertised and held in accordance with law and that NO excentto, have been filed to said report and the requirements prescribed by law to ob resale of the property have not been Complied with, it is ORDERED that the proceedings, sale and report of the said Cori ssionep be ’ and the same hereby are, approved and confirmed in all respects, DWITPMTyT om MURTH Gn ORDERED that the said Commissioner, upon Compliance with al} the terms and conditions of sale make, e7 dda he s 8 ’ » execute and deliver to the purchaser 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 Conmissionerts deed, 7 MNper ss PTR T he +h 9C had 4 2 FURTHER ORDURED that the purchase price of the said lands, after deducting the Q Osts and expenses of sale, includin: a Comuissioner's fee in the amount of 2 ae - seventy Five and No/l00 (375.00) Dollars, and the cost of this action, and all unpaid taxes then assessed azainst the property, be credited upon the judgment ly raine nA ha b en! Yommn4i cat apn } taken herein; and that the said Commissioner do submit to the Court a statement p Ol nis Cisbursements of the proceeds of ssid sale, o C. G. Smith Clerk of Superfor Court. This 10th day of July, 1939. ¥ Aeetetett NORTH CAROLINA oe atte eremernm dnd TRENETT fatim ii THE SUPERIOR COUr LREDELL COUNT ae Standard 011 Company of liew } Jersey, a Corporat ion 0 -Vs- TRA JUDGMEND Atlantic Pavin- Company, a ) “2 2 y corporation, Stearns Bros, Inc., a | corporation, and the Southern ) surety Company of New Yor, } THIS CAUSE cominc i oh a ai wit min yn to ha Hanns } nm ‘, f 2 Boom t Qn > v ve neard vweo.ore is r C G S tl Clerk hee euperior Court +naA 4 : : “mae ” e ahd ioOnor uU u Smith vss & we I 4 L redell Co inty, and being heard: , . > , ties 0 , t a judgment by defanlt final was’ irra ‘y and it appearing to the Court Court of Iredell County arainst the Atl +} SsNnsvu ic a Seat ne! , ries » 4 corporation on ssue as to the Southern, nate 7 t pak ie = "e out crn “ure ty Company o ie ali : d it fw PI Ping to the Court thn+ Sa’ oe <orm &@ corporation only; an a Smith, Clerk Superior Count <i - non suit was entered by His Honor, ae 3 ram & the Pe Of irede count > } j : Southern Surety Company of New Yor; nee in May, 1939 as to the defendant, | r to all defendant i ~s SO that this case has been finally terminave is Honor, John mM, Milholland, Clerk, Sup c Paving Company, a corporation and Ste - as 2 S; therefore IT Is ORDER D, ADJUDGE! AND DEC r 1. W4iais Alil VEC REE] 07 S ek ear al fone eee, |, DECREE ) Sy the Court that this cause go off I ‘Sments of this Court THIS 27th day e(ta day of July, 1939. C, G. Smith a, a1b Male OF IREDELL COUNTY, N. C. eet se se te eee seen Teeside ast ge ae oe oe oe oe ae 3 + at = * - oe Sesetetese testes seceeesesesee see J ti +) . une @& da la- f’ Wat ‘ » - ~” av SG day of February, 1931, leaving the case ®*’ | ( North Carolina, In the Superior Court. Iredell County. Mildred Thomas JUDGMENT vs ke Womble and ces Yarborough This cause coming on to be heard and being heard before Hon. C. G. Smith, Clerk of the Superior Court of Iredell County, and it appearing to the Court that summons was issued and served on the defendants and complaint filed in the above entitled action on May 29th, and June lijth, 1949, respectfively, and it appearing further to the Court that no answer has been filed by the said defendants or either of them. It is, therefore, hereby considered, ordered and adjudged that the plaintiff recover from the defendants the sum of $1,000.90 with interest on same from July 41lst, 1939, until paid, together with the cost of this action. This the 4lst day of sulyz, 1949. ee Clerk Superior Court of Tredeil County, N. C. | IN THE SUPERIOR COURT AUGUST TERM 1939, 109 MONDAY, JULY 31st, 1939. IN THE SUPERIOR COURT yoRTH CAROLINA, IREDELL COUNTY. AUGUST TERM 1939 Be it remembered that a Superior Court was begun and held in and for the County and State aforesaid at the Courthouse in Statesville, N. C. on the 41st day of August, 1939, at 10:00 o'clock A.M., when and where His Honor, Allen H. Gwyn, Judge Presiding and holding Courts of the Fifteenth Judicial District, Fall Term 1939, is present and presiding, and the Honorable Charles L. Coggin, Solicitor and Prosecuting Attorney,for the Fifteenth Judicial District of North Carolina, is present and prosecuting in the name of the Stete, and John White Moore, High Sheriff of Iredell Cpunty, is present and opened Court by order of the Court. John White Moore, High Sheriff of Iredell County, returns into open Court the names of the following good and lawful men to serve as jurors for this the August Term, 1939 of Iredell Superior Court - and for a Grand Jury to serve for a period of Six Months, ending December 4lst, 1939, as follows: Vv, P. Arthurs Whitfield Leckie D. He. Ostwalt J. A. Bradford J. W. Freeze Le P. Young J. F. Orren Chas. S. Hartness H. W. Wilson Re E. Brantley T. S. Loftin Albert C. Powell FP, A. Dunlap R. H. Baker J. D. Lundsford Halbert F. Crowson E. Rk. McNeely I. J. Alexander R. Le Cowan L. L. Greene T. J. Murdock Je Me Templeton C. F. Inglebert Pink Crawford | W. E. Massey Je He. Holcomb P. H. Hicks Je E. Stine Carl S, Watt Je W. Neel L. C. Hoover Wm. A. Evans J. C. Crawford T. G. Wallace R. C. Tucker W. Press Sharpe The following men were GQuly drawn anc sworn to serve as Brand Jury for the @ ' f r n var : 3 3 hve Cc n ac next Six Months, Mr. T. G. Wallace, being appointed and sworn by the Court as Fore- man of the Grand Jury: 1. G. Wallace, Foreman Je C. Crawford C. F. Inglebert V. P. Arthurs Whitfield Leckie P, H. Hicks Je W. Freeze J. H. Holcomb L. C. Hoover He W. Wilson D. He Ostwalt Albert C. Powell a. R, McNeely J. F. Orren Halbert F. Crowson WE, Massey J. D. Lunsford Wm. A. Evans H. E. White, Deputy Sheriff, sworn as Officer to the Grand Jury. FP. A. Dunlap, R. E. Brantley, R. H. Baker, T. S. Loftin, excused by Court Chas, S, Hartness, not returned, out of State. No. 22 State -vse Lee Fox No. 31 State -vs- Donald Blevins No. 32 State -vs- Lee F. Blevins State «vse Hoyt M. Lippard No. 52 State evs- Samuel Hiatt No. 63 & 6h Q otate -VSe- m Fr. E. Carver No. State -VS-< Mary McDonald IN THE SUPERIOR COURT AUGUST TERM 1939 MONDAY, JULY 31st, 1939 COMPLIANCE. Continued under former orders, AID AND ABET IN A.W.D.W. Alias Instanter Capias, YIENT TO KILL. Alias Instanter Capias. COMPLIANCE. Continued under former orders, COMPLIANCE IN REGARD TO PAYMEBTS. Continued under former orders, 4Vil } Now COMPLIANCE WITH COURT ORDERS. . ine + nstanter Canias we GQ under former orde ?T > | COMPT.TAUFS wee NON CO) PLIANCE } COURT WALLS Alias Instanter Ca 2 nis pias, NON coy LIANCE WITH COUR Alias instanter Capias, DISTURBING RELIGIOus WORSHIP, Conti 7 nued unéil defendant is released from State ( No. 103 ; tate -Vvs~ z p, Wilhelm v No. 105 State -vS- Felton Dalton / No. 107 State -vS- Buck Brown v No. 130 State -vVs- Charlie Daniel / No. 131 State -vs- Eugene: Johnson / No. 132 State -vs- Howard Pruette / No. 133 * otate -vs- Hubert Sherrill ( No. 155 State «ys. S. B. Johnson ( No. 173 State -VS- Marvin Rogers 4 Nos. 17h, 175 & 176 otate -VS- Archie Seagraves / No. 163 Cras PUATE avg. an “6orge Wilson IN THE SUPERIOR COURT AUGUST TERM 1939 MONDAY, JULY 31st, 1939 COMPLIANCE. Continued under former orders, COMPLIANCE. Continued under former order COMPLIANCE. Continued under COMPLIANCE. Continued under COMPLIANCE. Continued under former COMPLIANCE. Continued under former : ome m way errDpDAnm ABANDONMENT AND NON SUPPORT. Prayer for jufigment continued until November Term, GOMPLIANCE. Continued under former orders. DAMAGE TO PROPERTY. Continued until November Term, 1949. ) T. & P. L. FOR SALEs DRIVING DRUNK: HIT & RUN Called and Failed. Judgment Instanter Capias. } A. We D . W . } ) Nol Prosed With Leave. 1939 } 4//4/° DRIVING. No. 181 State -vs- Joe Honeycutt Nos. 177, State -VSe Espy Lee Hedrick No. 177 State -vs- Espy Lee Hedrick _ No. 176 State evs- Espy Lee Hedrick e Hedrick No. 180 State -vs- Espy Lee Hedrick (w-2),) No. 185 State «vgs. Love C. Jones (c-23) lo. 183 State -VS- Lena Heclar } : } 179, 180 —_ << <— > —_— <> <> <_< <> IN THE SUPERIOR COURT AUGUST TERM 1939 MONDAY, JULY 31st, 1939, A.W.D.W. Called and Fatled,. Judgment Ni Si Instanter Sei Fa Instanter Capias. and FORGERY (3 cases) ) ) A TRUE BILL (in each case) FORGERY. The defendant pleads Guilty. It is judgment of the Court that the in the common jail of Iredell County MONTHS and be assigned to work Gefendant be Confined for a period of SIX on the roads as provided by law. GIVING WORTELESS CHECK. 7m - ; ; tne cefendanht pleads Guilty. Consolidated with No. 180 for judgment. BRORATD 4 U NGERY,. ‘Th, 3 5 5 the defendant pleads i pads QQ be ~ ct Onsolidatea jud Consolidated Judgment. FORGERY. The defendant pleads Guilty, M2 o ° 2 “128 case is consolidated with Nos. 178 and 179 for judgnent. het «#1 “cee Gefendant be confined in the common assigned to work on # tor a period of TWELVE MONTHS and be sentence is Suaeanieasd o moacs @8 provided by law, but this defendant ebhine oF onad Five Years on condition the of the —— + G00d Sehavior and does not violate any 5 ~“ace, and upon the further condition thst ; > laws of the ne apply hins + ; ppl nm ¥O some honest and gainful occupation. y nimself v mseli r \ It is ordered jail of Iredell PNcanca+a: £ OSSESSI NG UNTAXPAID Lionor lefendant +4UUINe Pleads Guilty, m., 4i16 rr r + + fats oor dered. that the defendant be confined in the common ot to work on tha pouty for a perm of FIVE MONTHS and be assift foie on the public woads under the supervision of the St” sO AWwaY and Public Warks Commission HOUSEBREAKING, ENTERID A TRUE BILL, 1G, LARCENY & RECEIVING. Nos. 186 & 187 state vs Balis Carpenter & Horace Bingham fs 186 State vs Balis Carpenter No. 187 State vs Horace Bingham No, 18) State vs M. 3. Withers ¥ No. 187 State -vgs- M. B. Withers ( No. 183 State Vs Lena Heglar } } : : ) ‘ } I } } i ! ) } I IN THE SUPERIOR COURT AUGUST TERM 1939 MONDAY, JULY 31st, 1939 113 HOUSEBREAKING, ENTERING, LARCENY & RECEIVING. A TRUE BILL. HOUSEBREAKING, ENTERING, LARCENY & RECEIVING. The defendant tenders a plea of Guilty of Larceny and Receiving, roperty of the value of approximately $6.00, which plea the Solicitor, for the State, accepts. It is judgment of the Court that the defendant be confined in the common jail of Iredell County for a term of TWELVE MONTHS and be assigned to work on the roads under the Supervision of the State Highway end Public Works Commission. (col. -18) omry HOUSEBREAKING, ENTERING, LARCENY & RECEIVING. The defendant tenders a plea of Guilty of Larceny and Receiving property of the value of approximately $6.00, which plea the Solicitor, for the State, accepts. ) It is judgment of the Court that the defendant be confined in the common jail of Iredell County for a term of EIGHT MONTHS and be assigned to work on the roads under the supervision of the State Highway and Public Works Commission, and pay the cost. The road sentence is suspended and defendant placed on probation under the North Carolina Probation Commission for a period of Three Years. LARCENY & RECEIVING. A TRUE BILL. LARCENY & RECEIVING. * Continued until the November Term, 1949. HOUSEBREAKING, ENTERING, LARCENY & RECEIVING. The defendant pleads Not Guilty. ? The following jury: T. J. Murdock, Carl S. Watt, L. P. Young, I. J. Alexander, J. W. Neel, R. L. Cowan, R. C. Tucker, Je A. Bradford, L. L. Green, Pink Crawford, J. E. Stine and We Press Sharpe, being duly sworn and empanelled, answer, and for their verdict say they find the defendant Lena Heglar GUILTY OF HOUSEBREAKING, ENTERING, LARCENY & RECEIVING as charged in the Bill of Indictment. It is ordered that the defendant be confined in the State's mnTa Prison at Raleigh, N. C. for a term of TWELVE MONTHS. IN THE SUPERIOR COURT AUGUST TERM 1939 MONDAY, JULY 31st, 1939, IN THE SUPERIOR COURT AUGUST TERM 1939 113 MONDAY, JULY 31st, 1939 No. 181 ' AW. Da We ; State -vs- os, 186 & 187 HOUSEBREAKING, ENTERING, LARCENY & RECEIVING. Joe Honeycutt ) Called and Failed. Judgment Ni si Instanter ae Instanter Capias. Sei Fa and State A TRUE BILL. vs palis Carpenter & Horace Bingham Nos. 177, 179, 180 FORGERY (3 cases) State -vs- ) A TRUE BILL (in each case) Fim HOUSEBREAKING, ENTERING, LARCENY & RECEIVING. Espy Lee Hedrick ) : f State ) The defendant tenders a plea of Guilty of Larceny and Receiving, . eeveer 7 of the value of approximately $6.00, which plea the watts Carpenter } Solicitor, for the State, accepts. It is Judgment of the Court that the defendant be confined in No. 177 ) FORGERY. the common jail of Iredell County for a term of TWELVE MONTHS State <vs- ) The defendant pleads Guilty. and be assigned to work on the roads under the supervision of Espy Lee Hedrick |} the State oe and oo Works Commission. It is judgment of the Court that the cefenda 3 ee | g i th } e nt be conf | ae i jail of Iredell County for a period of sx" { MONTHS and be assigned to work q ae g on the roads as provided by No. 187 ) HOUSEBREAKING, ENTERING, LARCENY & RECEIVING. State ) The defendant tenders a plea of Guilty of Larceny and Receiving : 7 } property of the value of approximately $6.00, which plea the pd ) GIVING WORTELESS CHECK. Horace Bingham } Solicitor, for the State, accepts. State evs- ) The defendant pleads Guilty. Espy Lee Hedrick } It 1s judgment of the Court that the defendant be confined in 180 for judement. the common jail of Iredell County for a term of EIGHT MONTHS and be assigned to work on the roads under the supervision of the State Highway and Public Works Conmission, and pay the cost. The road sentence is suspended and defendant placed on Consolidated with No, probation under the North Carolina Probation Commission for a T 79 mar —— No. 179 ! FORGERY. period of Three Years, otate - S@ } The defendant pleads Guilty mSpy Lee Hedrick } __——e Consol € ith vu an os :; t with No. 180 for judgment. ( 5 No. 18) ) LARCENY & RECEIVING. +o+ J Q vate ) ++ FORGERY. 7s ) A TRUE BILL. Sta -VS- The defendant pleads G Me 3. Wit - - a ndant pleads Guilt; i. 3B. thers “spy Lee Hedrick } a wULERy. w-2! M4 6 " ( 1) 128 case is consolidated with Nos. 178 and 179 for judgment. ¥ It is ordered that 1 & it th Ia 4 a jail of Iredell} ve Ge-endant be confined in the common assiened + County for a period of TWELVE MONTHS and be oe ay LARCENY & RECEIVING. Sentence 2. work On the roads as provided 1 but this ae ‘ . a is suspended for Five Whee on seatisaes the M. B. Withers ) Continued until the November Term, 1939. eCliencan Pama tne oe ee I Ab a of te tem ins . oc behavior and does not violate any he apply himenye ete» and upon the further condition thet ( ee 1} fonest and gainful occupation. . 7 No. 183 ) HOUSEBREAKING, ENTERING, LARCENY & RECEIVING. State ) The defendant pleads Not Guilty. ) The following jury: T. J. Murdock, Carl S. Watt, L. P. Young, No. 185 ) PosSrsertw Lena Heglar J} I. J. Alexander, J. W. Neel, R. L. Cowan, R. C. Tucker, Je A. State -vs- \ PES SESSING UNTAXPAID LIQuor, Bradford, L. L. Green, Pink Crawford, J. E. Stine and W. Press Love C. Jones } a a Guilty, Sharpe, being duly sworn and empanelled, answer, and for their $085) ! It is j verdict say they find the defendant Lena Heglar GUILTY OF fail of Inna nt the defendant be confined in the comma, HOUSEBREAKING, ENTERING, LARCENY & RECEIVING as charged in to seats a County for a berm of FIVE MONTHS and be assig® the Bill of Indictment. Hietens on the public woads under the supervision of the sta? ; ; a re Commission ; It is ordered that the defendant be confined in the State's ; Prison at Raleigh, N. C. for a term of TWELVE MONTHS. v No. 183 zoe va » USREREAKING, ENTERING, LARCENY & RECEIVING , wena Heglar 1A TRUE BILL No. 172 State vs Geneva Orbison No. 172 State vs Geneva Orbison This 1939 at 9: 30 o'clock A. IN THE SUPERIOR COURT AUGUST TERM 1939 MONDAY, JULY 31st, 1939 ARSON. Mr. T. G. Wallace, Foreman of the Grand Ju t ) the body of the Grand Jury (eighteen in number Sethe? with $ come into open Court in a body and presents oe present t following Bill of Indictment, in words and figures es amt the Ows; SUPERIOR COURT July Tern, 1939 "STATE OF NORTH CAROLINA Iredell County THE JURORS FOR THE STATE UPON THEIR OATH PRESENT; Geneva Orbison late of the County of Iredell, on the loth day of July, A.D., 1939, with force and arms, at and in th County aforesaid, unlawfully, wilfully, wantonly, malic : and feloniously did set fire to and burn, at nizht time! a certain dwelling house occupied by one i ; : Ed Orbison ¢ her with certain household and kitchen furniture and other ten property therein kept against the form of the sta tute in gue) case made and provided and against os the peace and dignity of ty hn OUTate. Cogzin Solicitor No. 172 STATE vs Geneva Orbison INDICTMENT ARSON _ WTmMtmA.s I] 7Q¢ weal uoYD M. Reid W. Moore x Re Bailey Ze Sherrill Orbison X HBHQa4m . .* > = 7 aCe 3 4 O ou»ooana € marked X_ sworn by the rsiened foreman, and examin- the Grand Jury, and found A TRUE BILL @ > > & Oru i*O tH *3 i @® ct @ i Tl. G. Wallace reman of the Grand Jury " The defendan ender falictously Buses & Plea of Guilty of Unlawfully and ““y Durning a Dwelling, which plea the State accepts. Let the Gefendant be confined in State's Pp Ralel term of EIGHT YsAns. te's Prison at | gh ° ~ go Honorable ¢ baton Ourt takes recess until Tuesday Morning, Mugust 1st, @iles Person) IN THE SUPERIOR COURT AUGUST TERM 1939, TUESDAY, AUGUST ist, 1939 This Honorable Court convenes according to adjournment on Tuesday August 1st, 1939 at 9:30 o'clock A.M. Morning, of No 66 A.WeDeW.e i 4 —" | Nol Prosed With Leave. Tomy Lowrance | ( No. 160 DRIVING DRUNK. State The defendant pleads Not Guilty. The following jury: T. J. Murdock, Carl S. Watt, L. P. Young, a) Vadter I, J. Alexander, W. Press Sharpe, J. W. Neel, R. L. Cowan, y R, C. Tucker, J. A. Bradford, L. L. Green, Pink Crawford, J. E. (w-3l) Stine, being duly sworn and empanelled, answer, and for their verdict say they find the defendant GUILTY OF DRIVING DRUNK as charged in the 81ill of Indictment. Let the defendant be confined in the common jail of Iredell County for a period of FOUR MONTHS and be assigned to work on the roads uncer the supervision of the State Highway and Public Works Commission. De‘endant required to surrender his Operators License for a period of twelve months and he shall not operate a motor vehicle for said period of twelve months. Defendant states that he does not have a Drivers License. / No. 156 A . W ” D + We Stat ) av ‘. er Wis aie Q290 vs } Prayer for judgment is continued unt!1 November Term, 1939. Wilmer Harris ) ¢ No. 157 ) ABANDONMENT & NON SUPPORT OF HIS FOUR CHILDREN. State } The defendant tenders a plea of Nolo Contendere. vs ) ? Ue Fa) ? h mm f Tredel 2 Ed. Wooten ) Let the defendant be confined in the common jail of Iredel County for a term of EIGHT MONTHS and be assigned to work on the roads under the supervision of the State “ichway & Public Works Commission. This sentence is suspended for a period of Five Years provided, and upon condition . 1. That the defendant pay the cost of this action, — 2. That he pay into the office of the Clerk of Superior Court of “redell County the sum of $10.00 per week for the use and bemefit of his minor children. This | money to be paid by the Clerk of Court to the Custodian of said children, for their use and benefit. oo 4 That he be of good behavior and violate no law of the c+ 4 wvLavle. h Aa The defendant is given until the November Term, 1939 to pay the cost. The first of the $10.00 weekly payments for the support of the defendant's children shall be paid on or before August 7th, 1939, and a like payment shall be made each week there- after. Vv lio, 160 State SCI FA ON BOND. oy in this case be ) It 1s ordered that the Sci Fa on the bond in Roy Phifer } discharged upon payment of all cost in connection with the Sci Fa and jail fees. No. 73 State vs G ° Ss e Wa shburn No. l State vs } f i } Glenn Privette & G. B. vs G. S. Washburn, and George Washburn Maynard Washburn ) No. 3 State vs Lee F, Blevins, No. State vs Donald Blevins iD 9 ( WV o Ls + \ tie Ue WOOSe (Surety) No. 58 State vs Robert Hunt tw 3 i @ <q Bustle No. 181 State vs Joe Honeycutt (w-69) Bruner (Surety) 7 and Me G. Moose (Surety) 2 and ‘ } } sn. Wu IN THE SUPERIOR COURT AUGUST TERM, 1939 TUESDAY, AUGUST 1st, 1939 NON GOMPLIANCE WITH COURT ORDERS. Alias Instanter Capias,. SCI FA.ON BOND. ) ) | Continued until November Term, 1939. ) ) SCI FA ON BOND. } Continued until November Term, 1939. ety } SCI FA ON BOND. | Continued until November Term, 1939. ’ IAT —_ M~Vvi FA UN SOND. Continued 1 il N t until November Term, 1939. CoS << <> The () ny ° TOD “eee — NON COMPLIANCE WITH COURT ORDERS. Issue Instanter Capias, A.W.D.W. Tee coondant pleads Guilty. of Iredell Comme ¢n® defendant be confined in the common jf work on the roads wiles — of SIXTY DAYS and be assignes ® ,.. “i€ supervision of the State Highway * Public Wor; +iC KS Commiss{ re of the cost, ission, but this sentence is suspended on Péj AsV DW, Continued a nued until November Tern, 1939 upon the defendant agrees to pay the cost . Criminal Week ot tens ‘inst day of the November Term 1939 IN THE SUPERIOR COURT AUGUST TERM, 1939 TUESDAY, AUGUST lst, 1949 REPORT OF GRAND JURY AUGUST TERM IREDELL COUNTY SUPERIOR COURT We have passed on all Bills presented to us and submit the following report: We visited the County Jail in a body and found everything in excellent dition, much better than in the past. We found seven colored men, no colored a two hite men, and two Federal prisoners, three white women. Prisoners ’ report that they mre well fed. We visited the several offices of the Yourt House and found the offices and records well kept, as far as we could ascertain. We found most of the mardians had been performing their duties satisfactorily, those who had not made reports are cooperating with the Clerk of the Court, We visited the County Home by Comittee and found the following inmates: Fourteen White men; Seventeen White women; Seven colored men; Eight Colored women, and five colored prisoners and four white prisoners, We found several of the buildings undergoing repairs and when finished will be a great improvement, we found too many flies in the dining room and kitchen and recommend that the screens in these buildings be repaired or replaced as soon as possible. We found the conditions in all buildings ve Clean and well kept, with ry the exception of the repairs going on at the present. Twelve milk cows; three The following stock was found on the grounds: Y five head of mules heifers, one calf; two bulls; twenty-seven hogs and shoats; and three hundred chickens. In supplies the following were found, 6052 bushels of wheat; 260 bushels of small grain; we found 500 bales of straw; 5 tons of hay; 150 bushels of corn. ~ * 1 AanaA kh = e ; 1 aAaw in the kitchen supplies we found seven hundred half gallons of fruit already canned. Home be placed as We recommend that the sucn cases. ten year old bo soon as possible in some institution re that t We recommend that all T.B. patients be SEPARATED from all other inmates. WV : in 3 . . sms e . "e Suggest that one of the wooden buildings on the South end of the srounds od used for this purpose, or if possible to secure the use of the recently vacated prison camp near the County Home. ww . : ‘ . ‘ lr ‘ We heartily endorse the work on the County Yommissioners on the making of the plans for the building of vahlts in which to keep the public records. We visited the prison camp 05 by committee and found the prisoners totaling 91, all colored. There were eight road guards, two night guards, stewart, one superintendent. We found the camp in excellent condition. We found that the camp grounds consisted of 103 acres of land. one We found 18 head of Pr z } . . c v7 sarge hogs, two cows, and two State Blood-hound puppies, also two mules. We ound all heavy work being done by tractor. No recommendations to be made. We suggest that the County Commissioners purchase a flag of the United mates, and a flag of _the State of North Carolina to be displayed in the Court room at each term of lredell County Superior Court. Respectfully submitted T. G. Wallace ‘Foreman, Grand Jury Meetettate oe bt oe 7 4 ott f < NUS JHMM? GHHMHGHMMHE GHHHMHHHHEM: ISHMMMHMHME IHHHHHHHHE? GHHHHHHHEHE HHH IN THE SUPERIOR COURT AUGUST TERM 1939 TUESDAY, AUGUST 1st, 1939 STATE OF NORTH CAROLINA IN THE SUPERIOR COURT, COUNTY OF IREDELL DOCKET No. 22, STATE OF NORTH CAROLINA FINAL DISCHARGE Lee Fox, Defendant It appearing that the above defendant was placed on Probation by the Honorable Wilson Warlick Judge holding this Court on the 30th day of May, 1936 936, a nen? - 2A pe 3 } HY ny 7 } 3 7 3 for a period of 5 years, and it further appearing that the said defendant has satisfactorily fulfilled the Conditions of Probation as set forth in the demen 4 +hia ale a q $ + BE 1) Judgment in this cause to date and is entitled to Final Discharge, for the following reasons: Has so far complied with all t nas served one year of his pro He expects to live with his fi i p he conditions of probation. bation period. rst wife and baby. S dead, E The child by his second wife —~J OWN WN Po . + His second wife is able to support herself, « has paid all costs of Court ana reparations thus far. Hae ma? atne “i 1 cet e Has main a-ned a good job since being probationed and is now : employed, farmins with his father on his land. T 2 « H 74 stTrAA +} a - } = "' ve It is believed that from this point on, he will resume a successful and law-abidine life, ) a 2 4 + 7 said request has bee pproved by the I C . ree est h een approved by the Director of Probation, 4.64 ~ , * *e OW, THEREFORE, IT IS ORDERED AND apmmcer » THEREFORE pee aw MN) ALD ADJUDGED, that the defendant Lee Fox be, and is hereby, released and diact c } , nye Toneasec and discharged from the probation judgment in this cause, This 1 day of Aurust. 1929 ’ “/? Allen H. Gwyn Judge Presiding Oo. 31 STATE j ~ Wa PI & ASSAULT ica { D fe nt ent ¢ 4 x j Donald Blevins | i an ; » ey vusaty of Simple Assault. It 18 ‘ i. 4a ee Court that the d: fendent be f THIRTY pave teomon Jeil of Iredell county for a period aaa rep LO € as r = - rk on the jublic roads 1€7% su rvi f the t LT 4 I wor . ' an 8 U oleate Hichwsy and Public Works . aé 3 Vid l Dy le We This Honorable Coyp k “€ Yourt takes recess until Wednesday, August 2nd, 1939 at 9:30 o'clock Avy eee IN THE SUPERIOR COURT AUGUST TERM, 1939 1 1 9 WEDNESDAY, AUGUST 2nd, 1939 / This Honérable Court convenes according to adjournment on Wednesday yorning, August and, 1939 at 9:30 o'clock. ine men: Te Je Murdock, Carl S. Watt, L. P. Young, I. J. Alexander, oe 5 L. Cowan, R. C. fucker, J. A. Bradford, L. L. Green, Pink Crawford, “4 g. Stine and W. Press Sharpe, constitute what is hereafter called the a IVORCE JURY". DIVORCE. The "Bivorce Jury" being duly sworn and empanelled, answers the issues submitted to them as follows: f NO. 1644, firs. Minnie Ingram Vs. C, EB. Ingram North Carolina, In the Superior Court, fredell County. August Term, 1939. Mrs. Minnie Ingram Vs. t4 u r Cc , al ¥. E. Ingram 2 ff oo 3 * Jafandan*t 4 ~n ay and are they now man 1. Did the plaintiff and the defendant intermarry, and are they now man 4y+O and wife, as allesed in the complaint? Answer: Yes. > } ' “ and has the nlatntiff 2. Did the. defendant separate from the plaintiff, and has the plaintiff and the defendant lived separate and apart for more than two years next preceeding the commencement of this action as allered in the complaint? Andwer: Yes. a is dom f WManth 3o Has the plaintiff been a bonfied resident of the State of North C 7 +}, nnn ” oa e 1 Ss vérolina for more than two years immediately prior to the commencement oi thi action as alleged in the complaint? “nswer: Yes. 2 Vv , an \ M ‘ 9 4, Was the separation without fault on the part of the plaintiff? Answer: Yes. -O~- -O—- -—O-— -O- / North Carolina, In the Superior Court, redell County, August Term, 1939 Mrs, Minnie Ingram Vs JUDGMENT c, E. Ingram CSS <> — This cause coming on to be heard and being heard at this term of the § “Perior Court of Iredell County, North Carolina before His Honor, Allen H. G - "™, Judge Presiding, and a jury, and the jury having answered the issues sub IN THE SUPERIOR COURT AUGUST TERM, 1949 WEDNESDAY, AUGUST 2nd, 1949 mitted to it by the Court in favor of the plaintiff and agains t the defendant, .. 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 the defendant, be, ang the same are hereby dissolved, and the plaintiff is granted an absolute divorce from the defendant. Allen H. Gwyn Judge Presiding. ea No. 1693 Otho Sherrill vs Bertie Bailey Sherrill} + DIVORCE. The "divorce jury" beinc duly sworn and empanelled, answers the issues submitted to it as follows: > oe North Carolina In the Superior Court, Iredell County ) August Term, 1939 Otho Sherrill WT vSe Hi 2 uw 4 ‘ J Sertie Bailey Sherrill ae lst. Has the plaintiff been a cit z Carolina for more than two years pr t alleged in the complaint? 3 Fy en and resident of the State of North ~ commencement of this action, as Answer: Yes, - A ++} 2 $ » 3 Siteteet Did the plaintirr defendant intermarry as alleged in the mplaint? . Answer: Yes, 4rd T) qd ty > daft Iny nar vinscnaek tt ~~ we Gefendant separate and live Separate and apart from the —_ S, 7 oars vlan two years next preceeding the commencement of this +0n, 28 alleged in the complaint? Answer: Yes, North Carolina, T a a +n the Superior Court, Iredell County, August Term, 1939 Otho Sherrill { Vs. ) JUDGMENT — at Bertie Bailey Sherrill } IN THE SUPERIOR COURT AUGUST TERM, 1939 WEDNESDAY, AUGUST 2nd, 1939 Gwyn, mitted to as set out in the record; it by the Court in favor of the plaintiff and against the defendant, It is therefore, ordered and adjudged by the Sourt that the bonds of c sting bet the plaintiff, Otho Sherrill, and the retofore existing between t ‘ matrimony het rendant, Bertie Bailey,Sherrill, be, and the same are hereby dissolved, and def en ’ he plaintiff is granted an absolute divorce from the defendant. phe Pp Allen H. Gwyn Judge Presiding. judge Presiding, and a jury, and the jury having answered the issues sub- g DIVORCE. ; oe hei jury" beins duly sworn and empanelled, answers J. BE. Bumgarner ]} The divorce jury’ dein Susy SNOrn Sx Vs ) the issues submitted to it as follows: Grace Bumgarner } } the Superior Court, North Carolina, In Suy > <> - m 939 Aucust Term, 1939. Iredell County. vy yw : 2 Bumg®? ner vs. Grace Bumgarner , - eced in the 1. Did the plaintiff and defendant intermarry, as alleged in t complaint? Answer: Yes, _—T nd have they lived é. Did the defendant and the plaintiff re ae niggg ee nreceeding Separate and apart from each other for more than five yreree ee eee ” the énstitution of this action, as alleged in the complaint Answer: Yes. Qtat at is } state of North 3e Has the plaintiff been a boni fide resident of the Sta ° mon t of this action, Carolina for more than five years next preceding the commencement Ol 88 alleged in the complaint? Answer: Yes. ———— ———————— = IN THE SUPERIOR COURT AUGUST TERM, 1939 WEDNESDAY, AUGUST 2na, 1939 North Carolina, } IN the Superior Court, 4 Iredell County. } August Term, 1939, J. E. Bumgarner Vs. ) JUDGMENT ) } Grace Bumgarner This cause coming on to be heard and veing heard at this Term of th Superior Court of Iredell County before His Honor, Allen H. Gwyn, Judge Pregiat,, Athy and a jury, and the jury having answered the issues submitted to it by the Coy in favor of the plaintiff and 2gainst the defendant, as set out in the record: ee re I «a ? r It is, therefore, ordered and adju iged by the Court that the bonds of matrimony heretofore existing between the plaintiff and the defendant, be, and the same sre disolved, and the Plaintiff is sranted an absolute divorce from the defendant, Allen H. Gwyn Judge Presiding. a / 5) liQe 1699 lait ai ) +VUNULe . i Brow § Thea "tt : on Jesse _dbert “rown ¥ The "divorce jury" being duly sworn and empanelled, answers Vs. ) the issues Submitted to it as follows: Violet Sells Bp wm ) Naw} Yon ‘ 2 T North Carolina, in the Superior Court, Iredell County ur 1 ity. August ern, 1939. Jesse “obert Brown ) Ve imi Vs. 40vV Jt 7) Violet Sells Brown ) 1. Did the plai intiff and defendant eveplaiast ndant " intermarry, as alleged in the Answer: Yes, Ze Did Separate and ana institution of t th aq fanA ne pee cendant and the plaintirr Separate, and have they lived ine other for more than two years next preceeding = 4S action as alleged in the complaint? Answer: Yes “we de Has the plaintirr been Carolina, fop more than two years &@ boni fide resident of the State of North 8S allezed in the complaint? next preceding the commencement of this acti Answer; Yes, IN THE SUPERIOR COURT AUGUST TERM, 1939. WEDNESDAY, AUGUST 2na, 1939 lina, } In the Superior Court, rth Carolina, : unty. J August Term, 1939 Iredell CoO ° Jesse Robert Brown : ' JUDGMENT VS. 4 Violet Sells Prown } } >" f +} This cause coming on to be heard and being heard at this Term of the nis ~ o © TY 1] > t n T ade Lhe for Court of Iredell County before lis Honor, Allen H. Gwyn, Judge Pre Superior ae q x da jury, and the jury having Answered the issues submitted to it by siding, and J» ntii h efe as out in , 3 3 ‘f and against the defendant, as set favor of the plaintiff g the Court in f the record: h } nae - It is, therefore, ordered and adjudged by the Court that the bonds o a ’ . L ps de d } and the g ween the plaintiff and defendant, be, ar ore existing between the | matrimony heretof n dsolhi ai from the e disolved, and the plaintiff is granted an absolute divorce from same are di ed, and ti defendant. Allen H. Gwyn Judge Fresiding. Vv I ) DIVORCE 2 a eee 1elled ri — Blackwelder } The "divorce jury" being duly sworn one acres , - a eo , ) answers the issued submitted to it as follows: Grover Roosevelt Blackwelder 4} NORTH CAROLINA, ln the Superior Court, IREDELL COUNTY. August Term, 1937 Mrs. Cora Lee Blackwelder, Plaintiff, ' Vs. ‘ ISSUES Crover Roosevelt Blackwelder, Defendant. ) ‘ Grover l. Did the plaintiff, Cora Lee Blackwelder, ami the defendant, Gro Roosevelt Blackwelder, marry as alleged in the complaint? ANSWER: Yes. Grover ¢. Have the plaintiff, Cora Leo Blackwelder, and pe Mig soggy teen Roosevelt Blackwelder, lived separate and apart from —— 2 oda “ecutive years immediately prior to the commencement of ANSWER: Yes. sident 3+ Has the plaintiff, Cora Lee Blackwelder, been a bona fide re encement of the State of North Carolina for one year immediately preceding the comm °f this action? ANSWER: Yes. IN THE SUPERIOR COURT AUGUST TERM, 1949 WEDNESDAY, AUGUST 2nd, 1939 NORTH CAROLINA, In the Superior Court IREDELL COUNTY. August Term, 1939 Mrs. Cora Lee Blackwelder, ) Plaintiff, 4 Vs. ) JUDGMENT Grover Roosevelt Blackwelder, } Defendant. ) This cause coming on to be heard, and being heard by His Honor Allen # Gwyn, Judge Presiding, and a jury, at the Aucust Term, 1939, Superior Court for Iredell County, North Carolina, and the following issues having been submitted to and answered by the jury, to-wit: 1. Did the plaintiff, Cora Lee Blankwelder, and the defendant, Grover Roosevelt Blackwelder, marry as alleged in the complaint? ANSWER: Yes. 2. Have the plaintiff, Cora Lee Black Roosevelt Blackwelder, lived separate tive years welder, and the defendant, Grover and apart from each other for two consecu- imiediately prior to the commencement of this action? ANSWER: Yes. - Mae +) 2g mn 7 , . of the State or Seoae eenitt Cora Lee Blackwelder, been a bona fide resident , Wl wUtaLy A Orth Carolina for one year imme dis + - a ae a mmence- ment of this action? J ediately preceding the co A WTO crrsy T IS, THEREFORE. cowernoscs RDERE T IT IS, THE! tEFORE, CONSIDERED, ORDERED, ADJUDGED, AND DECREED that the bonds of matrimony heretofore existinc between the plaintiff and defendant be, and they are, dissolved. ant thas t ‘ ; 7 » dissolved, an ou the plaintiff is cranted an absolute divorce from the defendant, Let the cost of this action be paid by the plaintiff. This the 2nd y of August, 1939. Allen H. Gwyn -— Judge Presiding. - tM SS —— | J tl Z ! DIVORCE. « Hen} eee) the qaToPee Jury" being duty sworn and empanelaed, answers Ida Faye Renke) " “S8sues submitted to it &8 follows: North Carolina In the Superior Court, J Iredel] County August Term, 1939, Henry L, Henkel ~VS~ ISSUE S Ida Faye Henkel | IN THE SUPERIOR COURT ‘ AUGUST TERM, 1939 125 WEDNESDAY, AUGUST 2na, 1939 1. Did the plaintiff and defendant intermarry, as alleged in the complaint? Answer. Yes. 2 Has the plaintiff been a bona fide resident of the State of North Carolina for more than one year next preceding the commencement of this action? aro Answer. YeS~ Have the plaintiff and defendant lived separate and apart from each a oad a years immediately preceding the commencement of this action? one Answer. Yes. -O- -0- -0- -0- -o- ( Horth Carolina, In the Superior Court, Iredell County. August Term, 1939. Henry L. Henkel ona UDGMENT orc > —_ <— Cy Ida Faye Henkel This cause coming on to be heard at the August Term, 1939, of Iredell County Superior Court before His Honor, Gwyn, Judge Presiding, and a jury, and the jury having answered the issues submitted to it in favor of the plaintiff as follows: ac acrad 4 ) "l. Did the plaintiff and defendant intermarry, as alleged in the . complaint? Answer: Yes. - © f W ce Has the plaintiff been a bona fide resident of the State of North Carolina for more than one year next preceding the commencement of this action? Answer: Yes. t f ac} je Have the plaintiff and defendant lived separate and apart eS other for two years immediately preceding the commencement of this action? Answer: Yes." It is, therefore, ordered, considered and adjudged that the bonds of mtrimony heretofore and now existing between the plaintiff and defendant be, and they are, absolved and set aside and the plaintiff is granted an absolute divorce ‘rom the defendant. It is further ordered that the plaintiff pay the costs of this action to be taxed by the Clerk of the Court. Allen H. Gwyn Judge Fresiding IN THE SUPERIOR COURT AUGUST TERM, 1939 WEDNESDAY, AUGUST 2nd, 1939 No. 1702 { DIVORCE. 3 Paul Hoover ! The "divorce jury" being duly sworn ana empanelled, an -vs- } the issues submitted to it as follows: 9 NS Tery Gladys Muse Hoover } NORTH CAROLINA IN THE SUPERIOR COURT IREDELL COUNTY Paul Hoover Vs. ISSUES Gladys Muse Hoover 1. Did the plaintiff ana defendant intermarry as alleged in the complain: Answer: Yes. 2. Has the plaintirr been a resident of the State of North Carolina for more than one year next preceding the filing of this complaint? Answer: Yes. 3- Did the defendant Separate from the plaintiff and have they lived Separate and apart for a period of two years or more as alleged in the complaint! Answer: Yes, NORTH CAROLINA IN THE SUPERIOR COURT IREDELL COUNTY AUGUST TERM, 1949 Paul Hoover VS~ JUDGMENT ——— Gladys Muse Hoover This cause coming on to be heard, and being heard, before His Honor, Allen H. Gwyn, Judge Presiding, and a Jury, at the August Term, 1939, Superior Court of Iredell County; and the jury having answered all the issues submitted to it in favor of the plaintirr and against the defendant, as fully appears is the records, it a8, therefore, On motion of John R. McLaughlin, Attorney for the plaintiff, ORDERED, ADJUDGED AND DECREED: tofore subsisting First: That the bonds of matrimony her be tween th absolutely dissolved; Second: ‘That the plaintirr pay the costs of this action * , to be taxed by the Court. ( IN THE SUPERIOR COURT AUGUST TERM, 1939 WEDNESDAY, AUGUST 2nd, 1939 127 ) DIVORCE. . No. 1703 ham } The "divorce jury" being duly sworn and empanelled, a, W. Mite ) answers the issues submitted to it as follows: : Ina sé Wilson Mitcham th Carolina In the Superior Court, Nor ’ Iredell County. August Term, 1939 re H. W. Mitcham ' ; TBP ©@ i 4 ISSUES ’ } } Ina Mae Wilson Mitcham 1. Did the plaintiff and deféndant intermarry, as alleged in the complaint? Answer: Yes. rate, and have they lived - Did the defendant and the plaintiff separate, hide toe apart from each other for more than two years, as alleged in the complaint? Answer: Yes. 3. Has the plaintiff been a bonifide resident of the State —— Carolina for more than two years next preceding the commencement of this action, as alleged in the complaint? Answer: Yes. he & rior Court North Carolina, {4 om the Supericr © : Iredell County. Aucust Term, 1939 / H. W. Mitcham ) vs. ; JUDGMENT Ina Mae Wilson Mitcham } This cause coming on to be heard and being heard at this Term of the Superior Court of Iredell County before His Honor, Allen H. Gwyn, Judge Presiding, anda Jury, and the jury having answered the issues submitted to it by the Court in favor of the plaintiff and against the defendant, as set out in the record: It is therefore, ordered and adjudged by the Court that the bonds of mtrimony heretofore existing between the plaintiff and the defendant, be, end the same are disolved, and the plaintiff is granted an absolute divorce from the defendant, Allen H. Gwyn Judge Fresiding. IN THE SUPERIOR COURT " IN THE SUPERIOR COURT AUGUST TERM, 1939 core Taaeie Gad DAY, AUGUST 2nd, 1939 WEDNESDAY, AUGUST 2nd, 1939 WEDNESDAY, ’ } DIVORCE. 1703 { The "divorce jury" being duly sworn and empanelled, No. 1702 { DIVORCE. Noe iteham ; 2 ; Paul Hoover { The "divorce jury" being duly sworn and empanelled ‘i He ne ) answers the issues submitted to it as follows: -Vs- { the issues submitted to it as follows: ; were yae Wilson Mitcham } ) ; : a Gladys Muse Hoover In h In the Superior Court A North Garolina, he Sur . NORTH CAROLIN : THE SUPERIOR COURT { jel) County August Term, 1939 L e ® IREDELL COUNTY Ire ( q. W. Mitcham Paul Hoover WS. ea ma VSe SSUES Ina Mae Wilson Mitcham Gladys Muse Hoover 1. Did the plaintiff and deféndant intermarry, as alleged in the \ . : complaint? 1. Did th d defendant intermarry as alleged in the complaint Answer: es. Answer: : 3 eee a ee 2, Did the defendant and the pla have they lived the State of North Carolina for separate and apart from each other tor - this complaint? complaint? 2. Has the plaintiff been a resident of more than one year next preceding the filing of int a and re years, as alleged in the Answer: Yes. Answer: Yes. 4- Did the defendant separate m the plaintiff f separate and apart for } year pr ¢ the commencement of ged in th mplaint Carolina for more than two years next pr c action, as alleged in the complaint? Answer: Yes ~ve . rn Pe han t 4 res ent of the State and have they 3, Has the plaintiff been a bon esid a period of two g more as alle Answer: Yes. North Carolina, TRENT I TINTY T 1 ‘ LREDELL CO aN TY Iredell Coun vye { aul Hoover H. W. Mitcham 4 VS. vs. } Gladys Muse Hoover Ina Mae Wilson Mitcham } Mm, 4 ~49 gre inis cause coming . rT 1 + » % 2 co ayYr f t his + — of the heard, before His Honor, This cause coming on to be heard and being heard at se Allen H. Gwyn, Judge Pre eT Aw Prasiding . . a 4 1” _ aa f / tr Gwyn, vgudge *resiailss, the August Term, 1939, Super+or Superior Court of Iredell County before His Honor, Allen He. GWyMys Court of Iredell Co Hare oc 7 +} . eu 4 unty; and the jury having answered all the issues submitted ssues pmitt to it by the Court anda Jury, and the jury having answered the issues sud itted J to it in favor of the pl ? + . he re rd: + 4 4 4iQV 2) re . . : : " | i pl and 1 the defendant, as fully appears in in favor of the plaintiff and against the defendant, as set out the records, it is John R. McLaughlin, Attorney for “a It 4s therefore, ordered and adjudged by the Court that the bonds of — matrimony heretofore existing between the plaintiff and the defendant, de, end ORDERED, ADJUDGED AND DECREED: First: That the bonds of matrimony here the same are disolved, and the plaintiff is granted an absolute divorce alae: tofore subsisting between plaintiff and defendant be, and they are neredys defendant, absolutely dissolved; That the plaintiff, Paul Hoover be, and he 1s hereby grant } an absolute divorce from the def Allen H. Gwyn defendant, Gladys Muse Hoover. Second: That the Judge Presiding. 1 e a " } pisintiff pay the costs of this action, to be taxed by the Court This the 2nd day of August, 1939 Allen H. we ——— (Note: the above Paul Hoover is ee ne ) nant 1 00 not the Deputy Clerk Superior Court of Iredell cs IN THE SUPERIOR COURT AUGUST TERM, 1939 WEDNESDAY, AUGUST 2nd, 1939 No. 1705 } DIVORCE. i Elsie M. Johnson | The "divorce jury" being duly sworn and em vs ) the issues submitted to it as follows: Ralph Johnson ) panelled, answers ‘orth Carolina, In the Superior Court, Iredell County. August Term, 1939, Elsie Mayberry Johnson Vs Ralph Johnson 1. Did the plaintiff and the defendant intermarry, and are they now my wife, as alleged in the complaint? Answer: Yes. 2. Did the defendant separate from the plaintiff, an the defendant lived separate and apart for more than two Commencement of this action as alleced in the complaint? the plaintifs next preceedin; Answer: Yes, de Has the plaintiff been a bonfied for more than two years inmedis ately prior to commencement of this action as llesed in the complaint? Answer: Yes, North Carolina, Superior Court, Iredell County, Term, 1939 4 Elsie Mayberry Johnson Vs Ralph Johnson his fl1¢ lane ‘ . This cause Coming on to be neard and being heard at this term of the S > Tel r 7 - “uperior Court of 4redell County, North Carolina, before His Honor, Allen EH. Gwyn, Judge "residing, and a jury, and the ’ . a ’ to it by the Court in favor of the pleintirr ana against the defender @s set out in Jury having answered the issues submitted “AP the record: It is therefor de ¢ matri sore, ordered and adjudged by the Court that the bonds of ™ © existing between the plaintirr and the are hereby dissolved, mony heretofor gare defendant, be, and the end the plaintirr i e S granted an absolute divorée from th defendant, Allen H. G Judge Presid ° erie dent of the State of North Carol: ’ 129 IN THE SUPERIOR COURT : AUGUST TERM, 1939 WEDN®SDAY, AUGUST 2nd, 1939 Yo. 1702 rk -vs- DIVORCE. The "divorce jury" being duly sworn and empanelled 1 fork = rite ) answers the issues submitted to it as follows: Alma r In the Superior Court, 1 County August Term, 1939, Tredell vO . Haskell York VS. Alma York the plaintiff and defendant intermarry, as alleged in the compla int? Answer: Yes. 2. Did the defendant and the plaintiff sepsrate, ay apf Pee Pg ate and apart from each other for more than two years, as allered h separa . - complaint? Yes. Has the plaintiff been a boni fide resident of the State of North | nas tn LLY : : ~ = © . Pit C stat soy more than two years next preceding the commencement of this action, aroliuna i mor I t 9 as alleged in the complaint? Answer: Yes. North Carolina, Iredell County. . r Le LOrzx Haskell vs. JUDGMENT Alma York This cause coming on to be heard and being heard at this Term of the Superior Court of Iredell County before His Honor, Allen H. Gwyn, Judge Presiding, and @ jury, and the jury having answered the issues submitted to it by the Court in favor of the plaintiff and acainst the defendant, eas set out in the recora: It is, therefore, ordered and adjudged by the Court that the bonds of mttimony heretofore existing between the plaintiff and defendant, be, and the same are disolved, and the plaintiff is granted an absolute divorce from the defendant, Allen H. Gwyn Judge Presiding. IN THE SUPERIOR COURT AUGUST TERM, 1939 WEDNESDAY, AUGUST 2nd, 1939 IN THE SUPERIOR CouR?T AUGUST TERM, 1939, 131 WEDNESDAY, AUGUST 2na, 1939 No. 1710 ) DIVORCE. ; / Bthel Norris { The "divorce jury" being duly sworn and empanelleq -Vs- ) answers the issues submitted to it as follows: : 1711 ) DIVORCE. ‘ Walker L. Norris ) NO. Gray ) The "divorce jury" being duly sworn and empanelled, answers the ais ) issues submitted to it as follows: yell Je Gray 4 North Carolina, In the Superior Court, Iredell County. August Term, 1939 North Carolina, In the Superior Court, August Term, 1939 11 County. & 9 +7976 Ethel Norris ) Irede “va- ) ISSUES Dora Gray Walker L, Norris } in j ISSUES { ' ie aa Mell J. Gray | 1. Did the plaintiff and defendant intermarry, as alleged in the comet Answer: tes. ? 1. Did the plaintiff and defendent intermarry, as alleged in the Did ¢ p . compla int? : ee Did gh it and the plaintiff separate, and have they lived f separate and apart from each other for more than fiv Ss s > ; Answer: Yes. complaint? © years, as alleged in the | : ; 2. Did the defendant and the plaintiff separate, and have they lived : “nswer: Yes, p separate and apart from each other for more than two years, as alleged in the ' - i a ee complaint? . a de Has —" niger been a bonifide resident of the State of North | aroiina ior more than five years next precedine th r f th fon Answers: Yes. as alleged in the complaint? : — a ee ) . : 3. Has the plaintiff been a boni fide resident of the State of North Carolina for more than two years next preceding the commencement of this action, as alleged in the complaint? Answer: Yes. “answer: Yes. WY 4 “O=- -O=— -O=- <-0= North Carolina, } Ss in the Super b ° *3 Q ° E ct Iredell County Veo August Term, 1939 North Carolina, In the Superior Court, —— Iredell County. August Term, 1933. Ethel Norris { vs JUDGMENT s . Dora Gr Walker L, Norris 4 , | Vs, ] JUDGMENT This cause ming on to “Se coming on to be heard and being heard at this Term of the Mell J, Gray | Superior Cour f Irea a ; © of Iredell County before His fonor, Allen H. Gwyn, Judge Presidin . ae © o 5 _ a my \* and a jury, and the tury havin, . + This cause — eee ae ee eee eee ee ve sity having answered the issues submitted to it by the Cow, Suner4 I J P Ling in favor of the plaintirs : YPerior Court of Iredell County before His Honor, Allen H. Gwyn, Judge Presiding, ~~ PASintill and azainst the Gefendant, as set out in the record: ‘ vy th ee eee anc a jury, and the jury having answered the issues submitted to it by the Court “~y WACO] re roerea ‘ ; . y oncered end adjudged by the Court that the bonds of in f in t matrimony heretofore existing between “vor of the plaintiff and against the defendant, as set out in the record: — ~ + the plaintiff and defendant, be, and the and the plaintirr 4 ones 28 Branted an absolute divorce from the defendant, matrimony heretofore existing between the plaintiff and defendant, be, and the Same are 7 = Te ft same are disolved, It is, therefore, ordered and adjudged by the Court that the bonds of disolved, and the plaintiff is granted an absdlute divorce from the Allen H. Gwyn — der Judge Presiding. elendant, Allen H. Gwyn vuage Fresiding. IN THE SUPERIOR COURT AUGUST TERM, 1939. WEDNESDAY, AUGUST 2nd, 1939 North Carolina, In the Super!or Court. Iredell County. B. A. Troutman vs Report of Temporery Receiver Willis Rhodes, trading as Carolina Theater oS St — <— To the Superior Court of tredell County: The undersigned R. W. Troutman, Receiver appointed in the above entitled ause would respectfully report his acts in the operation of the said theater during the time of receivership as follows: Balance on hands from last report of Aug. 8th, 1938 - $22.08 Paid to B. A. Troutman, owner of Building, on rent - 22.08 No other receipts or Gisbursements, Respectfully Submitted, this the Z1st day of July, 1939. Re W. Troutman Temporary Receiver North Carolina: Iredell County: ; Ne We 4+routman » +Cmporary leceiver being duly sworn deposes and says +ha + . a ‘al cleda tel , ec “+ own a ° 3 wnat the foregoing statement is true and accurate to the best of his knowledge, 5 e a+4 | 5 . 2 4niormation and belief, This +} ow a = iti This Line 41s U aay ot July, 1939. Vernie Goodman ls . b oF > My commission expires Dec. 19),0 Notary Public. I Dec. 4, 190, —— < NORTH CAROLINA, In the Superior Court, IREDELL COUNTY, Ausust Term, 1939. C. L. Rhyne, vs, ORDER CONFIRMING — —_ — SALE OF STocK Incorporated SS ae This cause Coming on to be heard befor Presiding, at th © His Honor Allen H. Gwyn, Judge © August Tern, 1939, Iredell County Superior Court, and it IN THE SUPERIQ COURT 133 AUGUST TERM, 1939 WEDNESDAY, AUGUST 2nd, 1939 appear ing to the Court: ie. That pursuant to an order made by His Honor Frank M. hae a judge of the Fifteenth Judicial District, Andrew C, McIntosh, Receiver of Rhyne prug Company, Incorporated, has sold the ten (10) shares of stock in the Iredell Development Company to 0. L. Turner, at private sale, for cash, subject to the onfirmation of the Court, at the price of Fifty Dollars ($50.00) per share. c ute That Andrew C. McIntosh, Receiver of Rhyne Drug Company has filed a report of the bid of 0. L. Turner, and has recommended that sale of the stock at the aforesaid price be confirmed. 3 It further appears to the Court from the report of the Receiver and the Affidavits of “. A. Knox and W. E. Webb that Fifty Dollars ($50.00) per share is the fair and reasonable market value of the ten (10) shares of stock in the Iredell Development Company. IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED, AND DECREED that the sale of the ten (10) shares of stock in the Iredell Development Company to 0. L. Turner, at private sale, for cash, at the price of Fifty Dollars ($50.00) per share, be, and the same is hereby, in all respects, confirmed, and Andrew S : : “ m —nany. 41a ardered and Ain ed ansier ¢. McIntosh, Receiver of Rhyne Drug Company, is ordered and directed to transfer, 2 f } randall assign, and deliver to 0. L. Turner the ten (10) shares of stock in the Iredell Development Company, upon the payment of the sum of Five Hundred Dollars (%500.00). This the 2 day of August, 1939. Allen li. Gwyn Judge fresiding SSS a ee eee ———— ————————————==S=— / Ho. 1666 } The following jury: T. J. Murdock, Carl S. a a Miss Nellie Va, Holland } Young, I. J. Alexander, J. W. Neel, R. W. Sides, KR. ,E Vs, ) Tucker, J. A. Bradford, L. L. Green, J. F. eet. oo Mrs. M. M, trader, and | Stine and R. L. Poston, were duly sworn and empanelle . 0. Mayes } to trg the issues in this action. Pending trial Court takes recess until Thursday Morning August 3rd, 1939 at 9:30 A.M.. This Honorable Court takes recess until Thursday Morning, August 3rd, 1939 — seas $$ at 9:30 O'clock A.M.. IN THE SUPERIOR COURT AUGUST TERM, 1939 THURSDAY, AUGUST 3rd, 1939 This Honorable Court convenes according to adjournment on Thursday Morning, August 3rd, 1949, at 9:30 o'clock A.M. North Carolina, In the Superior Court, Iredell County. July Term, 1939 Salisbury Morris Plan Co, -Vs- Judgment. William Rhodes This cause coming on to be heard before His Honor, Judge Allen H, Gwyn, and being heard and it appesring that the defendant has settled his obligation to the plaintiff, It is therefore ordered and adjudged that the judgment by default and inquiry heretofore rendered by the Clerk of this Court against William Rhodes and his bondsman, T. M. McKnight, be and the same is hereby vacated and that this action be and the same ‘ts hereby non suited and that the cost be taxed against the plaintiff, Allen H. G 1 Judge Presiding Zeb. V. Turlington udge Pres ng Attorney for Plaintirr. North Carolina, In the Superior Court, Iredell County. August erm, 1939 T. C. Rowe, Next Friend of Linda Rowe, a Minor ‘ ‘ } vs. Judgment Carolina Motor Company j This cause coming on to be heard at this August Term of Iredell Superi™ his Honor Allen H, Gwyn, and it a an action, brought by T. Court, before ts ppearing to the court that this C. Rowe, the Father of Linda Rowe, as next friend for damages occasioned by reason of Linda Rowe, a mi , drive n by Karl Deaton, an Agent of the Carolina Motor Company, and the court - pit nor, being run into by an autom lainiff, now finds as a fact, that oid Lm IN THE SUPERIOR COURT 135 AUGUST TERM, 1939 ati THURSDAY, AUGUST 3rd, 1939 k by the defendant's automobile; that the defendant has agreed to pay peen struc Father and Mother of Linda Howe the sum of $300.00 for their services in to the nnection with the attending to their daughter during the time she was injured and wagerne to pay into the court for the use and benefit of Linda Rowe the sum of $200.00. In addition thereto the defendant has agreed that it will pay the Doctors! and hospital bills incurred in the amount of $21.00. The court, after considering the case, and examining the witnesses, finds as a fact that the settlement made and agreed to is 2 fair and reasonable settle- ment and that it is for the best interest of the minor, Linda Rowe that the action be compromised and settied in that manner. It is, therefore, considered, ordered and decreed: 1. That the plaintiff, on behalf of the Minor, recover of the defendant the sum of $200.00 which sum is to be paid in to the Clerk of the Superior Court of Iredell County for the use and benefit of said minor plaintiff. 2. That the defendant pay the hospital and doctors' bills incurred on behalf of said minor in the sum of $21.00. 3. That the defendant pay the cost of this action, to be taxed by the Clerk, “igned at Statesville, N. C. this 2 day of Aug., 1939. Allen H. Gwyn Presiding Judge. This Honorable Court takes recess until Friday Morning, August 4th, 1939 Cll DA Seon *t 9300 otclock A.M.. f No. 1666 Miss Nellie Va. Holland vs Mrs. M. M. Strader and W. 0. Mayes NORTH CAROLINA } IREDELL COUNTY } Vs. Mrs. M. Me Strader and W. 0. Mayes, agent of the defendant, Mrs, of his employment? Answer: Yes. 2. Was the plain a@llesed in the complaint? Answer: Yes. 3 Did the plaint as alleged in the answer? Answer: No.. 4. What damages, defendants? Answer: $4,625.00, Miss Nellie Virginia Holland, Plaintiff, IN THE SUPERIOR COURT AUGUST TERM, 1939 FRIDAY, AUGUST th, 1939 This Honorable Court convenes according to adjournment at 9:00 ©' oop, A.M., Friday Morning, August th, 1939. The jury, heretofore sworn and empanelled in this cas answers the issues submitted to it as follows " IN THE SUPERIOR COURT AUGUST TERM, 1939 ISSUES. : Defendants. } 1. At the time of the alleged injury was the defendant, W. 0. Mayes, the M. M. Strader, and, as such, acting within the scope tiff injured by the negligence of the defendants, as iff by her own negligence, contribute to her injuries, if any, is the plaintiff entitled to resover of the No. 1659 IN RE: Caveat to Will of W. T. Bell, deceased <_< The following Jury: R, L. Cowan, W. Press Sharpe, W. E. Hunter, M. OC, Dagnehart, L. P. Settlemyre, 4: &+ Whitener, T. 5, Drum, W. A. Hoover, Wade Bell, 3. °. Feimster, W. H. Beard, and H. 0. Thompson, was duly sworn ard em e issues in this case, panelled to try th yonding trial Court takes recess until Saturday ‘orning, August 5th, 1939 at 9:00 o'clock. IN THE SUPERIOR COURT AUGUST TERM, 1939. FRIDAY, AUGUST lth, 1939 137 ( The following jury: ™. L. Cowan, W. Press Sharpe, W. E, Hunter, M. C. Dagenhart, L. P. Settlemyre, J. P. Whitener T. J. Drum, W. A. Hoover, Wade Bell, G. a. Feimster, W. H. Beard, and H.O.Thompson, being duly sworn answers the issues submitted to it as follows: 6. 1698 ae Bennett vs Matthew Benne tt yorth Carolina, In the Superior Court, +pedell County. August Term, 1949 Lossie Bennett vs ISSUES Matthew Bennett 1. Did the plaintiff and deferdant.intermarry, as alleged in the complaint? Answer: Yes. 2. Did the defendant and the plaintiff separate, and have they lived separate and apart from each other for more than two years, es alleged in the complaint? Answer: Yes. 3. Has the plaintiff been a boni fide resident of the State of North Carolina for more than two years next preceding the commencement of this action, as alleged in the complaint? Answer: Yes 4. Was the separation brought about by the fault of the defendant? Answer: Yes. ‘North Carolina, In the Superior Court, Iredel] County. August Term, 1939. Lossie Bennett ) vs. } JUDGMENT Matthew Bennett 4 This cause coming on to be heard and being heard at this Term of the Superior Court of Iredell County before His Honor, Allen H. Gwyn, Judge ‘residing, and a jury, and the jury having answered the issues submitted to it by the Court in favor of the plaintiff and against the defendant, 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 the defendant, be, and the same are G@isolved, and the plaintiff is granted an absolute divorce from the defendant, udge Presiding 138 IN THE SUPERIOR COURT AUGUST TERM, 1939. FRIDAY, AUGUST th, 1939. C. Me Deaton vs Report. Mooresville Building and Loan Association } ' q } } } To the Superior Court of Iredell County: Receipts- Cash on hand and in bank May l, 1949 Rent Payments on loans Disbursements- Paid stockholders Compensation Sundry expenses Repairs to real estate Loans for repairs Cash on hand, July 31, 1949 Assets- Cash on hand and in bank Loans-book value Stock in Federal Home Loan Bank Furniture and fixtures - book value Real estate - book value Liabilities- Due stockholders Reserve - book value Respectfully submitted, A. W. Colson &. W. Colson, Liquidating Filed July 41, 1939 C. G. Smith, C.8.C. NORTH CAROLINA, In the Superior Court, IREDELL COUNTY. August Term - 1939 A. W. Colson, liquidating trustee of the Mooresville Building and Loan Associatiy, respectfully submits the following report from May 1, 1939 to July 31, 1939; os. 306.67 1785.81 $ 3713.99 1310.00 300.00 4.00 370.13 73-50 1656.36 $ 3713.99 1656.46 2551395 2500,00 13,3. 09 17991 45 $ 9004.73 39807.00 9197-73 $ ,900}.72 Trustee. This Honorable Court takes recess until & at 9:00 o'clock A.M,, aturday Morning, Aug Lilla ust 5th, 1933 iy TT eee This Honorable August 5th, 1939 , yorth Caroline tredell County 4} yise Nellie Virginie Holland, -v yrs. Me M- strader and W. Oc May This Court before issues having bee! "1. the egent of e the stope Oo: Answer: Yes. 2. alleged in the complaint? Answer: Yes. itribut ner injuries 4. Did the plaintiff by her own negligence, contribute to her injur > as alleged in the answer? Answer: No. le defendants? A DC " Answer? $4,625.00. recover oi $3625.00 wi Vhat the de‘ “is Upon the coming in of the ve! .oe anew trial. Motion overruled. igned. To the judgment and the signing of the tnd give notice of appeal to the Supreme Court in open Courte Welved. Appeal bond in the sum of $75.00 adjudged su By Case on appeal, and the Plaintiffs allowed 30 days or file exceptions. Case At the time of the alles Was the plaintiff injured by the neglige IN THE SUPERIOR COURT AUGUST TERM, 1939 SATURDAY, AUGUST 5th, 1939 Court convenes according to adjournment Saturdey Morning, at 9:00 o'clock AeMee In the Superior Court, August Term, 1939. Plainti -. > } 7 . ) JUDGMENT ) } 4 Defendant micat 7T . ’ ed erior cause coming on to be heard at the August Term of Iredell Superior T 3 3 + ar 3 Hig Honor, Allen H.- Gwyn, Judge Yresiding, and the jury, anc the ed “ +* , submitted to the jury and answered es follows: ed injury was the defendant, W. 0. Mayes, n nee with? the defendant, Mrs. M. M. Strader, and, 4s such, acting within his employment? ce of the defendants, 45 ‘ ” ‘ + ‘s the plaintiff entitled to recove!l of tne is ye pleintitl What dameces, if anys ¥ + th interest from July 31st, endants pay the costs oi Gwyn enemmnemncaaset t a “ ‘dict the Aefendants move to set the verdict Defendants except. Judgment tudgment the defendants except r Further notice fficiente ad serve statement of to make an t ter to serve counter=- consent, defendants allowed 40 days - the reaf Allen H. Gwyn. yuage Presiding. IN THE SUPERIOR COURT AUGUST TERM, 1939 SATURDAY, AUGUST 5th, 1939 141 No, 1659 } It appearing that the jury has been unable to IN RE: Caveat to the { Agree Will of W. T. Bell, dec'ad } and that the jury in open court has Announced tie, inability to agree: It is thereupon ordered that a juror be Withdray, and a mistrial ordered, North Carolina, In the Superior Court, Iredell County. August Term, 1939 Dennis Shives | } -vs- : JUDGMENT : Estelle Mackie Shives This cause coming on for trial at the aforesaid Term of Iredell Superior Court before the undersigned Judge, and it appearing to the Court that the Plaintiff was called by the Sheriff to come in ana prosecute this action or he | would be non-suited, and it appearing that the plaintiff failed and neglected to appear and prosecute this action: It is therefore ordered, adjudred and decreed that this action be, and the same is hereby dismissed, and the plaintiff is taxed with the costs. This the 2nd day of August, 1939. i Allen H. Gwyn . | Judge Presiding. “ =“ _~ eer a a a a ea ee ee eee so ae c ee mmr AT TATA NORTH CAROLINA IREDELL COUNTY. ; The MeCaskey Register Company ° McCaskey ? VUGe : . $ r 2 iley ; Fhe ile’ Py ” ¢ , , ~ » ] , ° ° I ++ v rnsy C € u - ; ‘ ron vv t - 7 ; "> . , a ] 9 ° . , ™ f) . ty r’ 0 : ‘ . ” + Cc e ’ . . - . ‘ ‘ , . , ’ . I rcha) e , ‘ 2.4 . « YA , , , ) > ' Vv bed ; is . ; Oo ) Ve : ; Ane . an . 7a 7 . } Ji * ’ ‘% » 4 A ; ‘ si aw Ri ) } inoie e = - asl id = 2 16 r - ; . ) in Yn = vac C . ” ' ; f } , ver, ia al, . : ; f ) é uded the e a . y amnad tA 1 if be { e a + mee » 7% ,Ouw ’ 0 ‘Olina, after le advertise Noor 4 ree athar wn 14a wis I : ther public placed@ in said nla aftean +} 2 . sal 1 e ha nowmant coat 5 : : payment of all cost of said T , 4. t 18 iurpvner ‘ener ordered and adjidged appointed Commissioner of the Court to dake In the Suverior Court. JUDGMENT > late A ~ + ] )« ) + } 4 ~ my.4 Rs comty yy > be he on Monday, Ausust el, 1 » Snc dein; - ‘ : e¢4tyted and iy ; : ‘ine to > Court the action was instituted and verifie bi i — at copy of the complaint ay n ¢ 4 + lay yf J 1 vs 194 9 and th é Led complaint that the action is tae oe September a ) ’ s September ‘ laintiff b ie fendant 7 Pe ol weepremper, 4 > 5 ao < o a } for urcnase pr ; } ’ * “ ‘ ) ‘ a: and Aefar : ' a t Ait ane « Ww - i a s tah ear ae . , ~~ ¥ - . i- + . ‘a . ‘ 7 ; ' . ty : ~ ntiff until sauwmen. iefault ir jo . 7 ods ~ é 5014 © , ) ae sf 0 er , ) t e ae W > wit : nt the sum of $210.00 ™ bs s 9 YT) me ; . , +n ft , rater ht fF 4a ean tlea Ww e plainti : i I a a: & ~+ Q-M' ; ton 4 . oui ’ n Uy a . 4 4 % i am co » nard - lve i "A At swes = delinquen : ‘ Lf aa merical + ‘ oun ‘dis, 10 _ 2 a z ind 7. i sheet ana neev - : . as nded ned a flv recore , ‘ i rded pad oe filing cabinet | ‘ds, Two drawer metal i4 nvelopes: } : aa 5 detail strip enve4": ; in. wide. 25 detail & ° anc naige ve = a aaa 1 th said goods and mercene! ~ : ' Stat esvilleé, Court House Door in ent of said sale at Qn . nm proceed sounty, and apply the [ fudgmente ” bt 1 he 18 here” Sowers be an said sale. - —_—~ es _ — _ ae ct All A — ; ee — 1 . ; wr Vibe je 4 . . *> 9 + ’ 7" i > 7 y + 5 ? - ’ . - ’ > ’ ’ > ° ’ , ' . . ? ’ ’ ° ’ ~* ’ ’ ’ . * : ° ’ > 4 mam = in Sct ITD tt _- — 4 i * » ' ’ the def ‘al r refuse to deliver It is further ordered that if the de fail o se rn) de hen, 71 dey: se demand, that a possession enter for tne o the Dp aintiff pon demand, tna : gaid property . y h intiff the said property to the plaintiff. gelivery of C. G. Smith en ; liner ee enn ( mre ai Y “~\ Clark of the Superior court of Iredell County. NORTH CAROLINA In Superior Court IREDELL COUNT mn Mrs. J. B. Houston (widow), G. L. Houston and wife, Margie Houston, F. B. Houston and wife, Marverine Houston, J. G. Houston and wife, Grace Houston, R. E. Houston and wife, Margaret Houston, L. S. Houston (single), J. A. Houston (single), J. F. Allen and wife, Isabelle Allen, J. E. Templeton and wife, Mabel Templeton Ta o~- JTUDGMEY: J. Latta Houston, Jennie Houston, Emma C. Houston, Mary Pope, lirs, Ned Donaldson, Plato Kelly, Phillip Kelly, Mrs. James Gudger, Mrs. Katie Cowan, Mrs. Lawrence Carson, Leila Gouger, Lafayette Donaldson Mrs. John Christie; Lee Yonaldson, Mildred ay hmong: John Donaldson ana Carrie Donaldson, the last three being mi nors, appearing herein in Vv A by their Guardian Ad Litem, Z. V. Lon » dre, and Mrs. Fred Compson : Sees wee wee wee wees wee cree saat ee a — Le ee nen nn et ee ese nas cause coming on to be hersd before Hon. Allen H. Gwyn, presidin Judcee of the 15th Judicial Dictné - Juage of the 15th Judicial Dist ilisbury, North Carolina; and it appegrin t } rt from the eM ll oa . ; : to the Court from the compleint and answers Oo: the defendants, including the answer of Z. V. Lone. Guardien |! eA es K ten aes > ' ° . seiss Guardien Ad Litem of the three minor defendants, that Rufus 7 ve ) Lon ¢ eC j mi $7 Cc tr ” ¢ 7 ie a 1 . : Gomiciled i ec Count North Carolina, on or about the qaay o é unr 102°" la rey 7 i .> + ‘ Js +797(59 LC n a 1 t will tament whic as been dyly probated before the Cler! ee a. a + I veces OF superior Court of Iredell County, and that among th evise in di vill 1 followin: devise: " * 1) a nin % a oe vequeath to John B. Houston and family, 48 acres and house ' Calle: } } a ’ n¢ a? ‘ * . . ms ov cvs and it further appearing that the Meadow Tract is escr be ¢ as Ollo : A certain t¢ 4 co, oe . ] County, North Carolin: Py -ying ana being in Davicson Township, Iredell on the North by the ak —s = we west by the lands of Mrs. Emma Houston} and Nance; on the Sou og thy, 7C® watts; on the East by the lands of Mrs. ad as follows: °F She lands of Sherrill, and more particularly describe 2 nnin at a ’ } ith i ming at an iron sta} er a > witl watts line §, Ch BR. ih dps vane nea cedar, Watts! corner; and running W Oo. 8s r { Mac ee FF Dp le to a Lorest pine, Nrs. Hobos! corner}; thence on |i » + ata to a hickory, Sherrillts oon ~~ wouth side of the branch; thence S. 8 W. 28 pa to a stone, M-s, Hoy ton' Pigeons : thence with Sherrill's line N. 88- 3/4, We 117 po beginning, conts Hou 7 acres 3, vrence with her line N. h W. 76% poles to the conveyed to Frank ¢. New. oe? more or less, it being the same tract of 1@ ©. Nance and w: 7 Ayr, @ Wile, Mary Nance, by Mrs. J. Be Houston, et al. iv@ “ev 35 W. 19 pol. to a stake And it furth Av ner apn ine +¢hatk ‘in f Ppearing that John B. Houston died on the 13th day ® February, 1935, leaving his widow Mrs. J A Wy MISs o Je G. Housto R and * Houston, R. E. Hous 7 . ouston, L. 8S, mouston, J. A, Houston, Isabelle Allen and Mabel Templeton, his Children } . a 1 ne Surviving, all of whom constituted his family re his only heirs at 7 heirs at law end are the plaintirrs in this action and that said » Houston, L. L. Houston, F. Be Ho" 147 leintiffs and the defendants are all the heirs at law of R, J. Houston, deceased, Pp and it further appearing that R. J. Houston did not live with the family of J. B. Houston either at the date of his will or at the time of his death; and it further appearing that a bone fide controversy exists between the plaintiffs and the defend- +3 ay > 5 tt 2 Wy a — ae 4 = ° oe . ants over the construction of the words, "J. B. Houston and family", in the devise under the will of R. J. Houston, as to the persons who teke the 48 acres of land thereunder, the plaintiffs contending that R. J. Houston in his will intended to devise and did devise the said tract of land to J. B. Houston and his children through the words used in his will to wit, "J. EB. Houston and family"; and the opposing contention is that the devise is to J. B. Houston and the family of R. J. } mee = 1 i Houston which would include all of the heirs at law of R. J. Houston deceased. ) And it further appearing that the defendants have all been made proper parties to this action and that the minor defendants have been duly served and Zeb. V. Long, Jrey has been duly appointed by the Clerk of Superior Court of Iredell County as the Guardian ad Litem of the minor defendants; an appearing that all of the defendants have filed answers, including the Guardian Ad Litem admitting the allegations of the complaint in which the contentions o ~ 3 ct i < , cw ct — c ct a ® the plaintiffs and defendants are set up and have agreed i cause may be heard out of term and out of the County; and it further appearing that this action is brought under the Declaratory Jucgment Act, and that there is'no dispute as to the facts but that the only controversy which exists is the construction of the devise in the will of R. J. Houston; and , , . ' : eT ee ee ee ee eae » the Declarator the opinion that this action is properly constituted and comes under the Declaratory Judgment Act; and the Court finding the foregoing eas facts in the action. Qo — — 2 + > a & ’ D T And the Court, after consideration of the devise in the will of R. J. H + * + ® * . tr — > none 5 ey ladle ma Ad Iawvie houston, being of the opinion that R. J. Houston intended to devise ana cid devise ! Li8 , r 5 5 $ “hn r} +hea IA ’ +he the 48 acres of land to J. B. Houston and his children through the use of the , A " - tr . . t 4 + t 7 r+ ha uw s nrinn + t} words, "J. B. Houston and family", and that J. B. Houston havir i rior t e death of R. J. Houston, the widow and the children of J. B. Houston, plaint in this actior are entitled to the 8 acres of land under said devise. It is now ordered, adjudged and decreed that the plaintiffs are the omers of the said 48 acre tract of land under said devise in the will of R. Jd. Houston, and that the defendants have no interest therein. This judgment is signed at Chambers at Salisbury, Rowan County, Nortt Carolina, on the l2th day of September, 1939. Alien oS Presiding Judge of rea Judicial District d NORTH CAROLINA sTATE 9 county OF IKEDELL ¢ NORTH CAROLINA, IN THE SUPERIOK COURT IREDELL COUNTY Mrs. Anne Sloan Hartness and Wachovia Bank and Trust Company, Co-Administrators c.T.A. of the estate of J. A. Hartness and John L. Milholland, THE FEDERAL LAND BANK OF COLUMBIA, Plaintiff. JUDGMENT AND ORDER OF -V3S~- CONFIRMING SAI t, W, Wetmore and wife, M. M. Wetmore, FORECLOSURE ss LIL NG SALE . Tharpe, assignee and wt « lips, Mary E- Savings Bank ‘. Gibson, Administrator of the Peoples Loan and e of John Smiley Gibson and Lyall : 7 Defendants. Gibson, individually} fore THIS ‘AUSE coming on to be heard D a ere heard before the undersigned Clerk upon application of the plain | )}2 we © A Vii db Ad Ua Superior Court vunty, and it appearing that the sal ; v9 1e said Jack Columbia, for a judgment by final upon } Vourt to sell syne and iescri q ; t t lands described in an answer, being hea ember, 1949, after due summo {Lholland, ' he lar described aaa a I — 0.00) Dollars, complaint \y » pen for rings I rope y ] y . , J are true the facts as allesed nd he ; , AVe en broken I there are now “* A Cue the plaintif next succeedin ano | , Laer 4a entitled t rigments mounts alleged in the complaint, fo ich the plaintiff 1s entitled to jucgmen It is therefore upon motion of plaintiff's attorneys, ORDERED, ADJUDGED AND DECREED: The Federal Land Bank of Columbie recover of First: That the plaintiff, the mortgaced property the principal sum of Seven Hundred Ninety-Six & 80/100 '9796.80) Dollars, with interest thereon to the date of judgment in the amount of i) ixty Three and 83/100 ($63.83) Dollars and from date of judgment until paid at together with the costs of this action. the ra te of six (6%) per centum per annum, Second: fhat, unless the indebtedness herein adjudged to be due the plaintiff, including the costs of this action, is paid immediately, the lands described in the said mortgage to the plaintiff be sold at public auction at the Court House door in this County, on any Monday after advertising the Property as provided by law, and at such sale or resale The Federal Land Bank of Columbis shall be permitted to bid in order to protect its interest, and should Lt becone the purchaser, after the payment of any taxes that may be owing on the lands foreclosed, the costs and necessary disbursements of’ this action, the amount of its bid shall be eredited upon this judgment. Third: That the terms of sale shall be for cash; Fourth: That Robert A. Collier, be, and he he reby is, appointed Commi sso, of this court to advertise and sell to the last and highest bidder therefor, upon the terms herein set forth, the mortsared lands described in the complaint here!; and report his proceedings hereunder with a complete statement of his receipts an 14 ahiyrpaamant P front Y ; af aa o i 1 } G-sbursements for further €onsideration and orders by this Court; that, unless the plaintiff becomes the nurcehacar h . fsa , } plgintalt becomes the purchaser, the Commissioner do require the successful H%AAar +t, janne4 , } eA » } sader to deposit with him ten (10%) per cent of the amount bid, such deposit t be made either in each rn hy rtified check } P if be le either in cash or by certified cneck, as evidence of good faith, and tobe applied on the ad should there &@ compliance w } pI on the bid should there be a compliance with the same; but should the ieposit immedistely at the time of acceptance of his ( then the sai 2 i bid, then é ad premise L] resold at such bidder's risk, on the same or upon some subse arnt inwy . 4 ? } } t on me eusecucnt day to be designated by the Commissioner; however, Should the successful bidds ke € deposit and thereafter fail to comply fi hea « 24 3 . } . with the said bid without just cause or legal excuse shown, then such deposit shill be forfeited to th laintiff. ond the r he plaintiff, ond the premises shall thereupon be resold, after havin: been duly advertised, upon the same terms and at such purchaser's risk on some subsequent sales day tc shal] 1 Bllowed an NO _ 5 <f for i: Cc an amount not tc exceed 5% of the accepted bid as compensation + F4fth. , Fifths That upon the sale of i the said premises all the right, title, interest and eauity f naden , . ia equity of redemption of the ads fendants, as well as all persons whom 7 ah We , c ‘ ‘ 4 " socver claimiy by, tl Adhd X LnPo usr ” oan ha . 7” t v9 fi OP under le ame in and to the premises or any ye thereof herein ordered , 4 read to be sold, be and the same hereby are, forever parred an foreclosed, cer olxth That u the + ‘ ; upon the confirmation of the sale of said lands by the - the terme ‘ n o ms Of sale shall be immedia tely complied with, whereupon the Commissione? shall make title to ti ' > to the purchaser in fee, and tl] ereupon the purchaser shall be P* into possession . POSsesslor si i of the said pi emises and tr such end writ of assistance shall {gs should it f this be ne S ; ecessary; and the proceeds of sale, after paying the costs © action, the expenses unpé , p es of the sale, includin, the Commissioner's fee, and alt F taxes then assessed upon the property , shall be applied first toward the satis faction of this Judgment in favor of The Federal Land Bank of Columbia and th ha Ane — . tare? » be Cesignated by the Commissioner; that the Commiss.: 151 surplus, if any, paid into court for the benefit of the persons entitled thereto. the requisite revenue stamps shall be affixed by the Commissioner and included in the costs, unless the plaintiff becomes the purchaser, in which event no stamps are required. This the 16th day of October, 1949. Clerk of the Supebior Court. 2 th eH % 4% te tO + ¢ % 4 % dW 3 @ 2 @ Gh tt te Se te OM OS} St Ot te Ot Ot Oe Oe Ot Oe ro) North Carolina, In the Superior Court, Iredell County. Before the Clerk. $e ee S. E, Little and BEFORE THE CLERK ON NOTE. ’ irs, J. M. Little <= w cu4 CG t a ae This cause coming on to be heard and being heard before the undersigned Clerk of the Superior Court of Iredell County, North Carolina, on Monday, the 4 . ‘ " a. e {nw /K loth day of September, 1349, and it appearing to the Yourt ‘het summons in this action was caused to be issued by the plaintiff from the Clerk of the Superior Court of Iredell County on the lth day of Auzsust, 1939, returnable as pro fided oy law and served upon each of the defendants by the sheriff of Alexander County on the 15th day of August, 1939, as provided by law, and that a duly verified Complaint was filed in the above entitled action on the lth day of August, 1939, and it further appearing to the Court that neither of the defendants have filed ‘n answer or demurred to the complaint filed in the above entitled action. It further appearing to the Court that on or about the lst day of May, 1937, the de endants, S. E. Little and Mrs. J. M. Little being indebted to the Said y, F. Steele in the sum of $558.80, made and executed, and delive ‘ed to the “ld N. F. Steele a promissiry note under seal, due and payable one year from da te, with interest at the rate of 6% per annum. It further appearing to the Court that this is the cause of action upon 7 Promissory note for an amount certain and that more than thirty days have “lapsed from the service of said summons and that the defendants, S. EB. Little IN THE SUPERIOR COURT 153 FIRST WEEK - NOVEMBER TERM MONDAY, NOVEMBER 6th, 1939 152 and Mrs. J. M. Little, have not demured to the complaint, or fileq any answer NORTH CAROLINA, IN THE SUPERIOR COURT denying the complaint, or raised any issue of facts, and it appearing to the IREDELL COUNTY. NOVEMBER TERM, 1939. Court that the plaintiff, N. I. Steele 1s entitled to the sum of $558.80 with interest thereon from May lst, 1937 at the rate of 6% per annum until paid, , Be it remembered that a County Superior Court was begun and held in It is, therefore, ordered, adjudged and decreed by the Court that the County and State aforesaid at the courthouse in Statesville, N. C. on plaintiff N. F, Steele recover of the defendants, 8. E, Little and Mrs, J, y ant Sor the . of November, 1939, at 10:00 o'clock A.M., when and where His Honor Little, in this action, the sum of $558.80, with interest thereon from May 1yt as'em Oey : : : ’ f llen H. Gwyn, Judge Presiding in the Fifteenth Judicial District of the State of 1937, at the rate of 6% per annum until paid and the cost of this action to be A ? dtiring this the Fall Term, 1939, is present and presiding, and the taxed by the Clerk of this Court. North Carolina, & ’ ’ " rles L. Coggin, Solicitor and Prosecuting Attorney for the Fifteenth This the 30th day of Oct., 1949. Honorable Cha gin, Judicial District of North Carolina, is present and prosecuting in the name of the C. G. Smith State, and John White Moore, High Sheriff of Iredell County, is present and opened Clerk Supertor Court. Court by order of the Court. John W. Moore, High Sheriff of tredell County returns into open Court the names of the following good and lawfub men to serve as jurors for this tne First Week of the November Term, 1949 of Iredell Superior Court, to-wit: . fo % 4 4h oe ee ee B. V. Brawley Marvin Smith » John R. McLain C. F. Thomas Cc. V. Collins C. Be Parker . 4 A. J. Beaver Gray B. Ostwalt Roy A. Davis NORTH CAROLINA, IN THE SUPERIOR COURT, R. W. Mayhew P. A. Eagle Jann BD. Bonel | TSEDELL COUNTY. BEFORE THE CLERK. T. G. Kistler H. R. Loyd K. G. Eller C. E. Hawthorne N. H. Shpmaker J. R. Stroud ’ | re ee a ' , J. LU. Houston S. W. Martin W. B. Campbell : nee JUDGMENT OF NON SUIT. Robert A. Clanton R. Le Gilbert E. E. Robertson W. C. Miller & W. L. } Barnar | oo ;' J. Le Houston - excused N. He Shumaker - dead | C. Fr. Thomas, John Re McLain, Je Re Stroud, not to be found. This cause Comin;s on to be h eard and being heard before the undersigned t f ff the Grand Jur} Clerk of the Superior Court, and it Mr. H. E. White, Deputy Sheriff, sworn as Officer to the Je appearing that the plaintiff desires to take a voluntary non-suit: ’ | It is, therefore, Ordered, consid red, adjudged and decreed that this : 8 e th ea, No, 2 W.T ENT KILL. | case be, and the Same is hereby, dismissed, and the plaintiff is taxed with the state A.WeD.W. WITH INTENT TO ) cost. ve } Alias Instanter Capias. Lee F, Blevins { This October 31st, 1939, J yO Sh th ore al | COMPLIANCE WITH COURT ORDERS. Clerk Superior Vourt. tate ‘ vs Continued under former orders. Hoyt mu. Lippard { oe Oe ene "9 O88 668 & & & 4 Yo, . teeter eee een ana +e eueerpeeoeunneunee® *° State? COMPLIANCE WITH COURT ORDERS sie tn fully and complete It appears that the defendant has “anes Watts COMPLIED with Court orders. This case is therefore stricken from the docket. | ' ee IN THE SUPERIOR COURT IN THE SUPERIOR COURT WEEK - NOVEMBER TERM, 1939 Pins? — See tat Po 155 ‘ ; PONDAY, NOVEMBER 6th, 1949 MO : PLIANCE. (Probation) v = | oom ‘ 50 } COMPLIANCE (Probation Case) ate ers. 1 C inued under former or No ) ia ie state ) Continued under former orderse Samuel Hiatt " Daniel } Charlie ' CG ation case) No. 58 NON COMPLIANCE. (prob ( | COMPLIANCE. (Probation case) State 131 > apias. No vs p SLeae Teptentee rr state Vontinued under former orders. Robert Hunt } vs } Eugene Johnson ~~ MW t v Nos. 63 & 64 } FORGERY and GIVING WORTHLESS CHECK. y } COMPLIANCE (probation case) State } im a j S P . 1 2 , 7 ype } JUDGMENT Alias Instanter Capias and Instanter Sci Fa, ~ a er former orders. F. E. Carver ‘ yn | . _— Howard Pruette ; v OM ANCE. rToDpART OF HTS MINOR CHILD. No. 69 } NON COMPLIANC | } ABANDONMENT & NON SUPPORT OF HIS MINOK CHILD State jas Instanter Capias. . Woe 133 } {1 the January Term vs } Alias ins = State } Prayer for judgment is continued until the January scrim, Thomas Wm. Chandler } v8 : Oe qubert Sherrill } 1940. No. 80 | COMPLIANCE (probation case) ) WOW COMPLIANCE teaietein il State i . f NO. 155 . ; t former orders. - \ ao ‘ ig vs } Continued under former or State s failed, Judgment Instanter Capias. Andy Moose \ - } Called and Failed gm $, B, Johnson } Ne ) NON COMPLIANCE. aaa NOe e ._ = os N wTTH COT * ORDENDS e State Gant No. 157 HON COMPLIANCE WITH COURT ORD ; s Alias Instanter Sapias. 5 'ae4 Tnatanter Sci Fa an vs Alias instvanter I otate Date Tudement Nisi Instanter oC: Glenn Privette ' v8 ee ee omg ; tu Ed. Wooten nstanter ULapiase It is ordered by the Court that judgment ano ee ta same is, hereby ordered and entered a zainst Glenn ° 110. as Principal, and G. B. Bruner, Surety, = i sen ald eostt / ane gate: DRIVING DRUNK: HIT & RUN DRIVING. HUNDKED AND FIFTY DOLLARS ($250.00) together witt fos. 17h, 175, 176 } Te & Pe Le FOR SALE: DRIVIS in connection therewith. State j a a vs } Alias Instanter Uapins. Archie Seagraves ) Noe 95 } NON COMPLIANCE. J mamoetTue & LARCENY & RECEIVING. State ) . the Bond. Nos, 211 & 212 } BREAKING, ENTERING & LARUSM® ° vs } Alias Instanter Capias and Instanter Sci Fa on vin ® State i ne Comes vs } A TRUE BILL. C. C. Brooks and ) Carl Brooks ) No. 102 ) DISTURBING RELIGIOUS WORSHIP. / State } sli +5 released vs i: ) Continued under former order, until defendant is ? Wo. 181 ) A.W.D.W.e ann? Mrs. Mary McDonald } from State Hospital. State ) The defendant pleads Guilty. vs ) Joe Honeycutt } Open for judgment. 4 Noe 103 JOMPLIANCE (Probation case) J State nr TT? m 20 00. : x " {0 RE THAN $ ° vs } Continued under former orders. No. 18) } LARCENY OF PROPERTY OF THE VALUE 0} neg T, Giles of R, P, Wilhelm q State \ The defendant through his attorney, : 5 on of GUILTY OF - 2? aor Ne C. tenders the State a rat the State " ; 1 Mooreer ces PASS, which plea is acceptec bY vgs - Be Withers } FORCIBLE TRESPASS, in the case justity | on condition that if the See7 10, and try the defendant No. 105 } COMPLIANCE. (Probation Case) the Solicitor can reject said pice State } on the felonious charge. vs ) Continued under former orders. Felton Dalton } open for judgment. V No. 107 } COMPLIANCE. State } ve Continued und Buck Brown \ inder former orders, ne ee 156 No. 188 State vs Donald H. } i j } Troutman Nos. 189, 190, 191, 192, 193, 19h, 1955 a9 State vs Donald H. 196, 197, and 199 Troutman Robert McVay Troutman Kenneth Gibson Paul Beaver Noe 206 State vs Hub McLelland No. 207 State vs Hub McLelland No. 211 State vs C. C. Brooks No. 212 Sta te vs Carl Brooks Noe 2043 State vs Mack Bustle f ' ’ } } : } ' } } } ! IN THE SUPERIOR COURT FIRST WEEK - NOVEMBER TERM, 1939 MONDAY, NOVEMBER 6th, 1939 HOUSEBREAKING, LARCENY & RECEIVING. A TRUE BILL. HOUSEBREAKING, ENTERING & LARCENY & RECEIVING, } ) A TRUE BILL. } 4 4 POSSESSING UNTAXPAID LIQUOR FOR SALE. The defendant, through his attorney, Hugh G, Mitchell, tenders a plea of Nolo Contendere,. Open for judgment. TRANSPORTING & POSSESSING UNTAXPAID LIQUOR FOR SALE. The defendant, through his attorney, Hugh G. Mitchell, tenders a plea of Nolo Contendere,. Open for judgment. BREAKING, ENTERING & LARCENY. The defendant, through his attorney, John G. Lewis, tenders a plea of Guilty of LARCENY OF PROPERTY OF THE VALUE OF LESS THAN $20.00, to-wit, $16.10, which plea the State accepts, Open for judgment. BREA The ndant, through his attorney, John G. Lewis, tender & plea of Guilty of LARCENY OF PROPERTY OF THE VALUE OF LESS THAN $20,005 to-wit, $16.10, which plea the State accepts, oe ENTERING & LARCENY. and RECEIVING. e ON THE COUNT OF BREAKING & ENTERING - let the defendant be confined in the common jail of Iredell County for a tem TWO YEARS and be assigned to work under the supervision © vu Highway and Public Works Commission as provided = i= cour OF LARCENY & RECEIVING - let the defendant ned an the common jail of Iredell County for « tem® TWELVE MONTHS and be assigned to work on the roads under tt superivision of the State Highway and Public Works Comms: venprovided by law, but this sentence &s suspended for ® period of Five Years on condi ti t apply hims on that the defendan Ow of Teoently to some gainful occupation and viol#® no law of the State of Nort that he i h urther remain of good beha cae. - Carolina and f NON SUPPORT oF HIS BASTARD CHILD. A TRUE BILL, ‘4 Noe 203 state vs Noe 205 State vs prank W. Long / No. 216 State vs Eugene Gray J NO 217 State vs N. E. Carver é No. 213 State vs Vance Neill No. 200 State vs DeWitt McCurry v No. 200 State vs DeWitt McCurry v No. 205 State vs Frank W, Long v No, 198 State” vs Kenneth Gibson FIRST WEEK - NOVEMBER TERM, 1939 MONDAY, SS << eS Se IN THE SUPERIOR COURT 157 NOVEMBER 6th, 1939. NON SUPPORT OF HIS BASTARD CHILD. Called and Failed. Judgment Nisi Instanter Sci Fa and Instanter Capias,. FORGERY Called and Fai led. Judgnent Nisi, Instanter Sci Fa and Instanter Capias. POSSESS UNTAXPAID LIQUOR FOR SALE AND DID SELL. Called and Failed. Judgment Nisi, Sci Fa and Instanter Capias. (defendant is at Chiltocothe, Ohio in Federal Reformato TRANSPORT & POSSESS UNTAXPAID LIQUOR FOR SALE. Called and Failed. Instanter Capias. Judgment Nisi Instanter °ci Fa and ) RECKLESS DRIVING. } > ee <_< o_o The defendant, through his attorney, John R. McLaughlin, pleads Not Guilty. The following jury: B. V. Brawley, Robert A. Clanton, A. J. Beaver, R. W. Mayhew, T. G. Kistler, Marvin Smith, Gray B. Ostwalt, H. R. Loyd, S. W. Martin, KR. L. Gilbert, C. B. Parker and Roy A. Davis, being duly swornAnd empanelled, answer, and for their verdict, say they find the defendant NOT GUILTY. BREAKING, ENTERING & LARCENY. A TRUE BILL. BREAKING, ENTERING & LARCENY. Continued until January Term, 1939. FORGERY. A TRUE BILL. ATTEMPTED BREAKING & ENTERING. A TRUE BILL. =aunnindinet 158 No. 193 State vs Donald Troutman No. 188 State vs Donald H. No. 189 State vs Donald H. No. 190 State vs Donald H. No. 191 State vs Donald H. No, 192 Btate vs Donald H. No. 194 State vs Donald H. No. 19) State vs Robert McVay Troutman No. 195 State vs Robert MeVay Troutman Troutman Troutman Troutman Troutman Troutman +routman et eS et a << So a Se eS a oS >So IN THE SUPERIOR COURT FIRST WEEK - NOVEMBER ERM, 1939 MONDAY, NOVEMBER 6th, 1939, ATTEMPTED BREAKING & ENTERING. A TRUE BILL. BREAKING & ENTERING. The defendant, through his attorney, John G. Lew a plea of GUILTY OF ATTEMPT TO BREAK & ENTER State accepts. 1s, tenis » which plea th Open for judgment. BREAKING, ENTERING & LARCENY. The defendant, through his attorney, John G. Lewis, tender a plea of GUILTY OF LARCENY OF PROPERTY OF THR VALUE OF Liss THAN $20.00, which plea the State accepts, : Open for judgment. BREAKING, ENTERING & LARCENY, The defendant, through his attorney, John G. Lewis, tender a@ plea of GUILTY OF LARCENY OF PROPERTY OF THE VALUE OF Less THAN $20.00, which plea the State accepts. Open for judgment. BREAKING, ENTERING & LARCENY. The defendant, through his attorney, John G. Lewis, tenders a plea of GUILTY OF LARCENY OF PROPERTY OF THE VALUE OF LES THAN $20.00, which plea the State accepts. Open for judgment. ATTEMPTED BREAKING, & ENTERING. The defendant, through his attorney, John G. Lewis, tenders a plea of Attempted Breaking & Entering. Open for Judgment. LARCENY OF PROPERTY OF VALUE OF OVER TWENTY DOLLARS. The defendant, through his attorney, John G. Lewis, tender & plea of GUILTY OF LARCENY OF PROPERTY OF THE VALUE OF L& THAN $20.00, which plea the State accepts. Open for judgment, } BREAKING, ENTERING & LAF ING BRIN ARCENY. The defendant, through his attorney, John G. Lewis, tem ) ieee aot GUILTY OF LARCENY OF PROPERTY OF THE VALUE 0 ESS THAN $20.00, which plea the State accepts. Open for judgment, ATTEMPTED BREAKING & ENTERING. The defendant, through his attorney, John G. Lewis, P } : Leads Guilty, Open for judgment, ( No. 196 state cunseth Gibson { No» 197 State vs Kenneth Gibson / No. 198 State vs Kenneth Gibson ( No. 199 tate vs Paul Beaver Nos. 209, 210 State vs Fred Mitcham and Earl Aldefer No. 20) State vs Ed Bennett No. 220 State vs Artis Duncan No, 22] State Artis Duncan IN THE SUPERIOR COURT FIRST WEEK - NOVEMBER TERM 1939 MONDAY, NOVEMBER 6th, 1939, 159 BREAKING, ENTERING & LARCENY. The defendant, through his attorney, John R. McLaughlin, tenders a plea of GUILTY OF IARCENY OF PROPERTY OF THE VALUE OF LESS THAN $20.00, which plea the State accepts. Open for judgment. } BREAKING, ENTERING & LARCENY. The defendant, through his attorney, John R. McLaughlin, tenders a plea of GUILTY OF LARCENY OF PROPERTY OF THE VALUE OF LESS THAN $20.00, which plea the State accepts. Open for judgment. ATTEMPT TO BREAK & ENTER. The defendant, through his attorney, John R. McLauchlin, pleads Guilty. Open for judgment. BREAKING, ENTERING & LARCENY. | The defendant, through his attorney, John G. Lewis, tenders a plea of GUILTY OF LARCENY OF PROPERTY OF THE VALUE OF LESS THAN $20.00, which plea the State accepts. Open for judgment. BREAKING, ENTERING & LARCE? A TRUE BILL. FALSE PRETENSE. A TRUE BILL. ASSAULT WITH DEADLY WEAPON WITH INTENT TO KILL. The defendant tenders a plea of Guilty of Assault With Deadly Weapon, which plea the Sta‘e accepts. It 1s judgment of the Court that the d efendant be confined in the common jail of Iredell County for a period of TWO YEARS and be assigned to work on the roads under the super- vision of the State Highway and Public Works Commission as provided by law. ASSAULT WITH DEADLY WEAPON. The defendant pleads Guilty. Let the defendant be confined in the common jail of Iredell k County for a berm of TWELVE MONTHS and be assigned to wor wuler the aetna of the State Highway and peer? See Commission as provided by law. This sentence is . » as concurrent with the above sentence. This es a a for a period of Five Years on condition that the ae ithe remain of good behavior and not violate any law o aie and apply himself diligently to some gainful occupa ° No. 208 State vs Clarence Gray No. 21) State vs Dock RKoseboro IN THE SUPERIOR COURT FIRST WEEK - NOVEMBER TERM 1939 MONDAY, NOVEMBER 6th, 1939 MURDER : Mr. T. G. Wallace, Foreman of the Grand Jury, to the body of the @rand Jury (eighteen members’ being mej comes into open court and presents to the Court the Sent) Bill of Indictment for Murder, in words and figures follorty follows: e "STATE OF NORTH CAROLINA SUPERIOR co IREDELL COUNTY. _ NOVEMBER TERM, 1939 THE JURORS FOR THE STATE UPON THEIR OATH PRESENT: That Clarence Gray, late of the County of Iredell, on the day of August, A.D. 1939, with force and arms, at and th the said Younty, unlawfully, willfully, feloniously, ani of his malice aforethought, did kill and murder Rhody Hest: alias Rhody Donaldson, contrary to the form of the statute in such case made and provided, and avainst the peace ani dignity of the State. Charles L. Coggin Solicitor" ' "No. 208 STATE vs Clarence Gray INDICTMENT —_- - -—_ - _ _ VITNESS Frank Caldwell Arnold Miller George Morrison X C. R. Bailey X J. I. Thomas, Jr. S. C. McRary R. M. Thompson Tom McTee Those marked X sworn by the undersiimed foreman, and examin- ed before the Grand Jury, and this bill found A TRUE BILL. T. G. Wallace Foreman of the Grand Jury. " ROBBERY. The defendant, through his attorney, John G. Lewis, waives a Bill of Indictment and tenders a plea of Guilty of STTEMPTED ROBBERY, which plea the State accepts. et the defendant be Confined in the common jail of Iredell County for a period of SIX MONTHS and be assigned to wr under the supervision of the State Highway and Public Work Commission, but this sentence 1s suspended for three yest On condition the defendant remains of good behavior, a the further Condition tt f this action at this tem of Court, AY She SONS © FIRST WEEK - NOVEMBER TERM 1939 MONDAY, NOVEMBER 6th, 1939. 1728 } The following jury: B. V. Brawley, Robert A. Clanton, A. J. No. Deadrick ) Beaver, R. W. Mayhew, T. G. Kistler, C. E. Hawthorne, Marvin oe } Smith, C. V. Collins, Gray Bost, P. A. Eagle, H. R. Loyd settie Moore Deadrick } and S. W. Martin, being duly sworn and empanelled, answer the issues submitted to it as follows: LINA NORTE CARO! ’ IN THE SUPERIOR COURT R. He DEADRICK a. : ISSUES NETTIE MOORE MONTGOMERY DEADRICK : I. Has the plaintiff been a citizen and resident of North Carolina more than one (1) year next preceding the institution of this action, as alleged in the complaint? Answer: Yes. II. Were the plaintiff and the defendant married as alleged in the complaint? Answer: Yes. III. Have the plaintiff and the defendant been separated for more than two (2) successive years prior to the institution of this action, as alleged in the complaint? Answer: Yes. IV. Was said separation without fault on the part of the plaintiff, as alleged in the complaint? Answer: Yes. ( NORTH CAROLINA IN THE SUPERIOR COURT TREDELL COUNTY, R. H. DEADERICK ‘ “vs- ' JUDGMENT NETTIE MOORE MONTGOMERY DEADERICK } This cause coming on to be heard, and being heard, before His Honor, Allen H. Gwyn, Judge of the Iredell Superior Court, and a jury, at the November 6th, 1939 Term of the Iredell Superior Court, end the jury having answered the Issues as follows, to-wit: IN THE SUPERIOR COURT 161 1 IN THE SUPERIOR COURT 62 FIRST WEEK - NOVEMBER TERM 1939 MONDAY, NOVEMBER 6th, 1939. I. Has the plaintiff been a citizen and resident of North than one (1) year next preceding the institution of this action, complaint? Caroling as alleged ins, Answer: Yes. / No» 218 State II. Were the plaintiff and the defendant married as all | complaint? =e Answer: Yes. vs James Baker III. Have the plaintiff and the defendant been separated for two (2) successive years prior to the institution of this action oe a the complaint? e 98 alleged tn Answer: Yes. IV. Was said separation without fault on the part of t as alleged in the complaint? 7 ” platatitr, Answer: Yes. NOW, TH:REFORE, IT IS ORDERED, ADJUDGED AND DECREED, that the bonds of matrimony heretofore existing between the plaintiff and the defendant be dissoly and that the plaintiff be granted an absolute divorce, This the 6th day of November, 1939. v No. 222 Allen H. Gwyn State Judge Presiding vs Vance Heath ' No. 209 State vs Fred Mitchell 1 This Honorable Court recesses until Tuesday Morning, November 7th, 1939 at 9:30 o'clock A.M.. _—< >> <—_ <> IN THE SUPERIOR COURT FIRST WEEK - NOVEMBER TERM 1939 163 TUESDAY, NOVEMBER @th, 1939 This Honorable Court convenes according to adjoumnment on Tuesday Yorning, November 7th, 1939 at 9230 AM. LARCENY & RECEIVING. The defendant pleads Not Guilty, through his attorney, John G. Lewis. The following jury: B. V. Brawley, Robert A. Clanton, R. W. Mayhew, T. G. Kistler, Gray B. Ostwalt, H. R. Loyd, S. W. Martin, Roy A. Davis, John D. Foard, E. E. Robertson, C. V. Collins, and P. A. Eagle, was duly sworn and empanelled. At the close of the State's evidence, the defendant, through his attorney, John G. Lewis, withdraws his plea of Not Guilty and tenders a plea of GUILTY. It is judgment of the Court that the defendant be confined in the common jail of Iredell County for a term of EIGHTEEN MONTHS to be assigned to work under the supervision of the State Highway and Public Works Commission. This sentence is suspended for a period of Five Years upon condition that the defendant be of good behavior and violate none of the laws of the state and that he apply himself to honest and gainful occupation. LARCENY & RECEIVING. The defendant pleads Not Guilty, through his attorney John G. Lewis. The following jury: B. V. Brawley, Robert A. Clanton, R. W. Mayhew, T. Ge Kistler, Gray B. Ostwalt, He Re Loyd, S. W. Martin, Roy A. Davis, John D. Foard, E. E. “obertson, C. V. Collins, and P. A. Eagle, was duly sworn and empanelled. At the close of the State's evidence the defendant, through his attorney, makes motion for judgment of non-suit. Mothon overruled. At the close of all the evidence the defendant renews his motion for ju gment of non-suit. Motion allowed. BREAKING, ENTERING & LARCENY & RECEIVING. The defendant, through his attorney, Hugh G. Mitchell, pleads Not Guilty. The following jury: B. V. Brawley, Robert A. Clanton, R. W. Mayhew, T. G. Kistler, Marvin Smith, H. R. Loyd, Ss W. Martin, C. v. Collins, P. A. Eagle, Roy A. Davis, John D. “oard and W., B. Campbell, were duly sworn and empanelled. At the close of the State's evidence, the defendant, through his attorney, makes motion that he be allowed to waive finding of a bill of indictment and tenders a plea of Nolo Contendere to a charge of FORCIBLE TRESPASS, which plea the State accepts. Prayer for jud nt is continued for three years on condition on dade canate of good behavior and on condition he apply himself to honest and gainful occupation and that he pay the cost for which the County is liable in this case. The defendant to pay the said cost within thirty days from this date. Noe 210 State vs Earl Aldefer No. 201 State vs Sam Sykes No. 219 State vs Walter Chambers No. 202 State vs Durant Feimster <— ee } } } ! IN THE SUPERIOR COURT FIRST WEEK - NOVEMBER TERM 1939 TUESDAY, NOVEMBER 7th, 1939 BREAKING, ENTERING & LARCENY. The defendant, through his attorney, John g tenders a plea of Guilty of LARCENY OF pRopr VALUE OF LESS THAN $20.00, which plea the st NOs 18), state y, B. Withers Lewis, RTY OF tH ate accents, Judgment of the Court is that the de¢ of this action including the sum of $5.00 ton? ‘he cost Mr. D. W. Hansford, the prosecuting witness for stolen; that the defendant be confined in the a jail of Iredell County for a term of SIx MONTHS ie assigned to work under the supervision of the ee Highway and Public Works Commission. The prison be is suspended for a period of three years on condition defendant be of good behavior, sali The defendant is given until the close of thi the November Term, 1939 to pay the cost ‘= DRIVING DRUNK. Continued for the defendant until January Term, 1939, / No. 215 State vs f POSSESS UNTAXPAID LIQUOR. — The defendant pleads Guilty. Judgment of the Court is let the defendant be confined in ae Common jail of Iredell County for a period of SIX MNS — pate Mal ge on the roads as provided by las, ntence is sus % aera uspended for two years on the follorix 1. Theat the defendant shall not violate the prohibition laws. ( 2. That within ten days from this date (November 7th, 1939) he shall close his present place of business Hos. 206 & 207 near Charlie Mott's at Elmwood and shall not operate State said place of business for a period of two years. v8 3. That the defendant Shall not, for a period of two me Med land years, operate any store, combination store and filling station, or other place of business within , ®& radius of one mile from Elmwood, 4e The defendant is further ordered to pay the cost a of this action, ta to pay the cost at this the November Ter, RECKLESS DRIVING.” The defendant requests that he be permitted to withdrav his appeal and com 1 ounty No. 20 Recorder's Court - i judgment of Iredell © Rf h confi Judgment of the Court that the defendant be vs a rine pe in the common jail of Iredell County for Ed. Bennett the road of SIXTY DAYS and be assigned to work on sus ended “s Provided by law, but this sentence 1s of $25 00 wo condition the defendant pays a fine motor ¢ From the cost and that he not operate @ date rs Acle for a period of Sixty Days from this ordered that e meemtsee’e ee eee ay / License of this conviesion. oe eee _ ’ 217 = Feeenaent is permitted to withdraw his appeal upon State p+iance with the aforesaid judgment vs gme ~ i, E, Carve r IN THE SUPERIOR COURT FIRST WEEK - NOVEMBER TERM 1939 TUESDAY, NOVEMBER 7th, 1939. 165 FORCIBLE TRESPASS. Judgment of the Court is: FIRST: that the defendant pay the cost of and a fine of $23.52, oe SECOND: that the defendant be confined in the common jail of Iredell County for a term of EIGHTEEN MONTHS to be assigned to work under the supervision of the State Highway and Public “orks Commission. The prison sentence is suspended for a period of five years upon condition that the defendant be of good behavior and violate none of the laws of the State; that fe apply himself to honest and gainful occu- pation; that, regularly, hereafter, during said period of suspension as the circumstances will reasonably permit, the defendant shall accompany his minor children on Sundays to some religious institution. This judgment is consented to by the defendant in open Court. DRIVE MOTOR VEHICLE WITHOUT PROPER LICENSE. The defendant requests that he be permitted to withdraw his appeal and comply with the judgment of the Mooresville Recorder's Court. It is therefore ordered that the defendant be, and he is hereby, permitted to withdraw his appeal upon condition he comply with the judgment of the Mooresville Recorder's Court and on payment of the additional cost incurred by his appeal to this Court. POSSESS LIQUOR FOR SALE: TRANSPORT & POSSESS UNTAXPAID LIQUOR FOR SALE. These cases are Gonsolidated for judgment as follows: 1. It is ordered that the defendant pay the cost in these caseSe 2. Let the defendant be confined in the common jail of Iredell County for a term of TWELVE MONTHS and be assigned to work under the supervision of the State Highway and Public Works Commission. This sentence is suspended for a period of Five Years on condition the defendant be and remain of good behavior and violate no law of the State of North Carolina, particularly the. prohibition laws. OBTAIN MONEY UNDER FALSE PRETENSE (Flim-Flam) r The defendant tenders & plea of GUILTY OF ATTEMPT TO OBTAIN MONEY UNDER FALSE PRETENSE, which plea the State accepts. Let the defendant be confined in the common jail of Iredell County for a term of TWO YEARS and be assigned to work under the supervision of the State Highway and Public Works Comnission. TRANSPORT & POSSESS UNTAXPAID LIQUOR FOR SALE. ) It is ordered that the Sci Fa and Capias entries be and the same are hereby stricken out. This case is continued for the defendant until the January ith his Term, 19h0, The defendant is present, together w south ene they agree that the defendant shall pay — cost of this continuance whether the defendant is foun Guilty at the dammary Term, 1940 or not. IN THE SUPERIOR COURT FIRST WEEK = NOVEMBER TERM 1949 TUESDAY, NOVEMBER 7th, 1949 No. 73 } NON COMPLIANCE WITH COURT ORDERS. State } vs Alias Instanter Capias. G. S, Washburn Sci Fa matter is continued until the January Tern, 19h0, No. 208 ) MURDER State ) Mr. John R. McLaughlin appears as Private Prosecution in vs ) this case. Clarence Gray The defendant,is present in person, and through his Counse) Mr. John G. Lewis, tenders the State a plea of GUILTY oF él SECOND DEGREE MURDER, which plea the State accepts, ; It is judgment of the Court that the defendant be confing in the State's Penitentiary for a term of NOT LESS THAN SEVENTEEN (17) YEARS NOR MORE THAN TWENTY-FIVE (25) Years at hard labor. e No. 156 ) A.W.D.W. State ) Mr. John G. Lewis appears as Private Prosecution in this vs ) action. Wilmer Herris ) The defendant, through his attorney, Mr. John R. McLaughlir, pleads GUILTY. Prayer for judgment is continued for three years upon the following conditions: 1. That the defendant pay the cost of this action by the January Term, 19h0. 2. That he pay into the office of the Clerk of this Court, for the usesand benefit of Mr. L. A. Rivers, the prosecuting witness, the sum of $200.00, same to be paid in the following installments: $25.00 to be paid on the 18th day of November, 1949 anda like payment of $25.00 to be made on the 10th day of each and every month thereafter until the said Sum of $200.00 has been paid in full. ~Ow = =O" =0= <0 <0- <o- «o—- “O=-= =O= «0<- REPORT OF GRAND JURY November Term IREDELL COUNTY SUPERIOR COURT WE have passed on 811 bills report: presented to us and submit the following ; $4+o0 a sisiinee bi — Younty Jail ir a body and found everything in excellent pri soners, two Federal hr lige the past. We found thirteen white men, ee colored men Federal ial Rade ae pri soners, nine colored County prisoners, and five fen > the prisoners reported being well fea os wi prisoners. All — vanes ~ Several offices of the Court House and found them to be are crowded, The Cua tons Considering the fact that the offices, a8 usualy e “me ans and Administrators are making their reports to the Clerk of the Court The Cl . Clerk of t " , Peace are making their reports sStistactoriie” oe IN THE SUPERIOR COURT » FIRST WEEK - NOVEMBER TERM 1939 167 TUESDAY, NOVEMBER 7th, 1939 / We visited the Prison Camp by committee and found the Prisoners totalling g colored, long term prisoners; 7 road guards, one Sup-rintendent; one steward and 9 — ht guards. We found the Camp in excellent condition. We found that all the two n a the prisoners quarters are washed and cleaned daily. The farm consists fees acres of land. We found ee héad of hogs and one team of mules. We inspected els of the Camp made by Superintendent Lowe, and found them to be in excellent condition. The Commisary was well supplied with stocks consisting of food and clothing. We found an oil house and black smith shop under construction. No recommeniations to be offered on this Campe We visited the County Home by Committee and found the following inmates: 15 white men, 19 white women, 8 colored men, 5 colored women, 4 white men prisoners and 5 folored men prisoners, 1 colored woman prisoner making a total of Li? inmates and 9 prisoners. The buildings are nearly all repaired, with the exception of a few minor repairs being completed now. A new barn has been completed to replece the one that burned last summer. A water resevoir is now under construction. All of the inmates and prisoners are being well fed and cared for. We found that all T.B. patients have been removed, but in the event of more T.B. patients, a building, separate from the main building has been préviced for such cases, The following stock was found on the ground: 1); milk cows, 2 bulls, k veal calves, 46 hogs and shoats, 5 work mules, 1 mule colt. The supplies were foune as follows: 200 bu. of wheat, approximately 800 bu. of corn, 250 bu. of oats, 6,00 pounds of flour, 174% chickens, approximately 52 tons of hay, 1000 cans of fruit, 2 barrils of mollases, 500 bu. of sweet potatbes, 25 bu. of irish potatoes. 40 acres of wheat and 5 acres of oates have been sown. We also found the farm owns two tractors, two trucks, and four wagons, and generally, everything seems to be in good condition. We found the heating plant to be working in good order. The Grand Jury recommends that all witnesses be on hand when wanted, a8 we found too many witnesses fadiled to appear as summonsed. Their failure to be present caused a delay in the Jury Koom, also would avoid extra expense ang annoyance, Respectfully submitted, T. Ge Wallace Foreman of the Grand Jury PRM te ae te ae ce at Ge ah ab Ge GEOG GE GE GE aE ah aE ah ahh hae ae ea a % v at % tt ; I, Sarah Starr, do swear that I will truly and honestly demean . ® myself in the practice of an attorney, according to the best of my ; owledge and ability: so help me, God. : 7 I, Sarah Starr, do solemnly and sincere swear that I will be Z * faithful and bear true allegiance to the State of North Carolina, and ’ ; to the constitutional powers and authorities which are or may be . 7 established for the government thereof; and that I will endeavor to : » JPport, maintain and defend the constitution of said State, not : % inconsistent with the constitution of the United States, to the best a » ° ™Y knowledge and ability: so help me, God. 7 * . ® I, Sarah Starr, do solemnly swear that I will support the : , “nstitution of the United States; so help me, God. : a # Sarah Starr : * @ Sworn to and subscribed before me, this the 7th day of ; 2 November, 1939, : a Allen H. Gwyn pa ® Judge” Presiding and holding Courts for . 9 the 15th Judicial District. : * FOR e ee HEHE ERHHEHEMEDEHEEHEHMEROOE This Honorable Court takes recess until Monday Morning, November 14th, 1939, at 10:00 O'clock A.Me. IN THE SUPERIOR COURT SECOND WEEK - NOVEMBER TERM, 1939 MONDAY, NOVEMBER 13th, 1939 IN THE SUPERIOR COURT 169 SECOND WEEK = NOVEMBER TERM 1939 y! MONDAY, NOVEMBER 14th, 1939 ee he Has the plaintiff been a bonifide resident of the State of North i i This Honorable Court convenes according to adjournmnet r more than two years immediately preceding the commencement of this yo on Monday carolina 07 eed 4n the complaint? a Morning, November 13th, 1949 at 10:00 o'clock A.M.. action, He Answer: YeS- wi Je We Moore, High Sheriff of *redell County, returned into open Court , A r aah the names of the following good and lawful men to serve as jurors for this th : “O- -O- -O- =-0- -0- ae 4 e second week of the November Term, 1949, 1tredell Superior Court, to-wit: A. E. Suther Ie H. Allison Re W. Dobson nh yorth Carolina, In the Superior Court, te Earl McAuley J. E. Lothery Thos. R. Alexander f ’ ' ee Iredell County. November Term, 1949 fy Carl W. Murdock W. E. Cope J. C. McNeely : , Je As Combs A. A. Troutman J. W. Hendricks is wens Moose } | Ed. E. Johnson T. I. Clodfelter Le K. Lazenby : VS. ) JUDGMENT iM C. H. Leber C. W. Shook C. A. Cartner 1 Dessie Moose J. P. White B. A. Holmes W. G. McLelland i W. I. Jolly Zeddie C. Mitchell J. W. Fowler * ti | This cause coming on to be heard and being heard at this Term of the Je P. White, B. A. Holmes, W. G. McLelland, W. I. Jolly and Zeddie Superior Court, of Iredell County, North Carolina, before His Honor, Allen H. | C. Mitchell were excused by the Court. Gwyn, Judge ‘residing, and a jury, and the jury having answered the issues sub- | Clyde Jolly, sworn as talis juror. mitted to it by the Court in favor of the plaintiff and against the defendant, t | as set out in the record. | DIVORCE JURY: The following good and lawful men constitute what shall hereinafter It is thers fore, ordered and id judged by tne Court that the bonis of | be termed the "Divorce Jury", to-wit: A. E. Suther, Farl McAuley, Carl W. Murdocy, matrimony heretofore existing between the plaintiff, Owens Moose, and the Je A. Combs, Ed. E., Johnson, C. H, Leber, I. H. Allison, J. E. Lothery, W. E. Cop, defendant, Dessie Moose, be, and the same are hereby disolved and the plaintiff A. As Troutman, T. I. Clodfelter and C. W. Shook. is granted an absolute divorce from the d ‘endant. i oe Allen He Gwyn es : Noe 171 } DIVORCE: a Cn Owens Moose 4 vs ) The "Divorce Jury" belne day natn a me oe ing duly sy ers the Dessie Moose } issues submitted to it as tec and empanelled, answ ~¥ : =—_——_— x leh ee wry In The Supertor Court Ir 3¢ % ve rere Cs November Term, 1939 | V ! "he Owens Moose | Hi, No. 1719 ) DIVORCE. | i vs } oe ae Edith Baxter | iu "Serres ve ) The "Divorce Jury" being duly sworn and empanelled, answer the Dessie Moose ) Jesse Baxter ) issues submitted to it as follows: 1. Did the plaintir ¢ wife, as allesed in the compleingt ‘ant intermarry, and are they now man #® North Carolina, In the Superior Court, answer: Yee, | Tredel} County, November Term, 1939 2. Did t fe ¢ and apart from whan aoe te or ~_ plaintiff, and have they lived oes Edith Baxter of this action, as alleged in the wie next preceding the commence ISsSUVUES Answer: Yos soe <= Jesse Baxter IN THE SUPERIOR COURT SECOND WEEK - NOVEMBER TERM, 1939 MONDAY, NOVEMBER 13th, 1939, 1. Did the plaintiff and defencant intermarry, and are they now and wife, as alleged in the complaint? man Answer: Yes. 2. Did the defendant abandon the plaintiff, and have they live and apart from each other for more than two years next preceding the eo of this action, as alleged in the complaint? d separat, Answer: Yes. 3 Has the plaintiff been a bonifide resident of th Carolina for more than two years immediately preceding the co action, as alleged in the complaint? e€ State of North mmencement Of this Answer: Yes. “O- -O- -0O- -o- North Carolina, In the Superiér Court, Iredell County. November Term, 1939, Edith Baxter " VS. } JUDGMENT Jesse Baxter ) This cause coming on to be heard and being heard at this Term of the Superior Court of Iredell County, North Carolina, before His Honor, Allen H. Gwyn, Judge P ‘esiding, and a jury, and the jury having answered the issues sub- mitted to it by the Court in favor of the plaintiff and against the defendant, 2: set out in the rec ~9 Oracrea ard edjudged by the Court that the bonds of mtr! mony heretofore extstin atwa a ae —_ P : : y ) eXiLStin DbDetween the plaintif Cs Edith Baxter and the defendant, Jesse Baxter. be. «a a . , ~ : ee on oe came ere hereby disolved, and the plaintiff is granted an absolute divorce from the defendant “* Noe 1729 ) Ora Teague Reavis } Vs. ) } Robert L. Reavi s DIVORCE. Ty " . io pe tvoree Jury" being duly sworn and empanelled, "ie issues submitted to it as follows: answer IN THE SUPERIOR VOURT SECOND WEEK - NOVEMBER TERM 1949 MONDAY, NOVEMBER 14th, 1939 171 / North Carolina, In the Superior Court, Iredell County. November Term, 1939, Mrs. Ora Tearue Reavis Is Mm cS = m -VsSe te ee robert Le Reavis 1. Did the plaintiff and defendant intermarry, as alleged in the complaint? Answer: Yes. 2. Has tue plaintiff been a bona fide resident of the State of North Capolina for more than one year next preceding the commencement of this action? Answer: Yes. 4. Have the plaintiff and defendant lived separate and apart from each other for two years immediately preceding the commencement of this action? Answer: Yes. lh. Was the said separation by mutual consent and without fault on the part of the plaintiff? Answer: Yes. “O- -O- -0O- -0- -0- / North Carolina, In the Superior Court, Iredell County. November Term, 1939. re. Ora Teague Reavis Vs JUDGMENT Robert L. Reavis This cause coming on to be heard at the November Tern, 1939, of Iredell , 3 » i County Superior Court before His Honor, Gwyn, Judge presiding, and @ jury, and the > 4" jury having answered the issues submitted to it in favor of the plaintiff as follows: "le Did the plaintiff and defendant intermarry, as alleged in the complaint. Answer: Yes. é. Has the plaintiff been a bona fide resident of the — - North Carolina for more than one year next preceding the commencement of this action? Answer: Yes. 3+ Have the plaintiff and defendant lived separate and see Se each other for two years immediately preceding the commen . of this action? Answer: Yes. 4. Was the said separation by mutual consent and without fault on the part of the plaintiff? Answer: Yes, " “+ nN <2 . toa ene Sar eS ea IN THE SUPERIOR COURT SECOND WEEK - NOVEMBER TERM 1939 MONDAY, NOVEMBER 13th, 1939 It is, therefore, ordered, considered and adjudged that the bonds of matrimony heretofore and now existing between the plaintiff ana defendant be, and they are, dissolved and set aside and the plaintiff is granted an absolute divorce from the defendant. It is further ordered that the plaintiff pay the cost of this action to be taxed by the Ylerk of the Court. ——— eee _Allen H. Gwyn Judge Presiding 7 No. 174i ) DIVORCE. Lucy Poole ’ Vs. } The "Divorce Jury" being duly sworn and empanelled, answers the Clarence Poole ) issues submitted to it as follows: North Carolina, In the Sunrerior Court, Iredell County November Tern, 1949 Lucy Poole ) Tire pare) ed ~ rh L. Did the plaintiff and defendant intermarry, and are they now man ant wife, as alleced in the complaint? Answer: Yes. 2. Did the defendant abandon the plaintiff, and have they lived separett and apart from each other for c more than aa fr . two years, next preceding the commencemt of this action, as allevsed in the complaint? Answer: Yes, 5e Has the plaintiff been a vonifide resident of the State of North Carolina i4at for more than two years inmmec sed in the complaint? ¢ f’ na ely preceding the commencement of th-5 action, as alle ~- 7 Answer: Yes. North Carolina, In the Superior Court, Iredell County, November Term, 1939 Lucy Poole V8e JUDGMENT <> e Clarence Poole IN THE SUPERIOR COURT SECOND WEEK - NOVEMBER TE “1939 MONDAY, NOVEMBER 14th, 1939 This cause coming on to be heard and being heard at this Term of the Superior Court of Iredell County, North Carolina, befio-e His Honor, Allen H. - Judge Presiding, and a jury, and the jury having answered the issues sub- mitted to it by the Court in favor of the plaintiff and against the defendant, as set out in the recorde It is therefore, ordered and adjudged by the Court that the bonds of matrimony heretofore existing between the plaintiff, Lucy Poole, and the defen Clarence Poole, be, and the same are hereby disolved, and the plaintiff is gran an absolute divorce from the defendant. Allen H. Gwyn ae Judge Presiding. No. } DIVORCE. R, E, Burr ) a. ene vs } The "Divorce Jury" being duly sworn and empanelled, answe . + - Evelyn Hester Burr § the issues submitted to it as follows: North Carolina, In the Superior Court Iredell County. v R. E. Burr vs <_— we Hi o ~” aad <3) «a Evelyn Hester Burr , og 4 l 1. Did the plaintiff and the defendant intermsrry as alleged in the complaint? Answer: Yes. @. Has the plaintiff been a bona fide resident of the a. a aes “arclina for more than one year next preceding the commencement of co Answer; Yes. - te and apart from + Have the plmintiff and the defendant lived separa ? *6ch Other for two years immediately preceding the commencement of this action Answer: Yes, “O- -O- -O- -O- -O- 173 ant, ted rs . 2: = SSS Sse IN THE SUPERIOR COURT IN THE SUPERIOR COURT o I Mi 175 SECOND WEEK - NOVEMBER TERM 1939 RONDA, NOVEMBER 13th. ie 1939 ? " MONDAY, NOVEMBER 14th, 1939 MON ’ , re 7 39 A North Carolina, It is further ordered that the plaintiff pay the costs of this action to i. In the Superior Court ; Iredell County. be taxed by the Clerk of Superior Court of Iredell County. e : This the 13 day of November, 1949, | ) R. E. Burr { +" Allen H. Gwyn sae vs } JUDGMENT Judge Presiding. i Evelyn Hester Burr J} ; a It is ordered that letter dated Nov. 10, 1949 from Hon. Nat. Ss. Crews, ea Attorney, be filed with the papers in this case. SS This cause coming on to be heard at the November Term, 1939, of Irede]} | dices Allen H. Gwyn. ) Superior Court before His Honor, Allen E. Gwyn, Judge Presiding, and a jury, end ; , the jury having answered the issues submitted to it in favor of the plaintire, | as follows: i | i 4 - ‘ . : 1. Did the pleintiff and the defendant intermarry as alleged in the , comp] ad nt? — ee eeeeateeeeneeiey - aa 7 neeienaipngenelieininaiouseseetatenuaadeuemememmananaman eeeememny he ANSWER : Yes. ———————— | | 2. Has the pleintiff been a bona fide resident of the State of North arolina for more than one year next preceding the commencement of { | his action? ANSIVER e Vac ANOW ENS LfSe No. 1726 ) DIVORCE. | _— aor : sa ' Grace M. Cline } ) 3« aave the plaintiff and the dertencant lived separate and apart fron YS } The "Divorce Jury" bein duly sworn and empanelled, answers each o for wo years immediately preceding the commencement of Carl J. Cline, } the issues submitted to it as follows: . this action? ; t .NSWER Yes. | i Tt c } me 2 3 > ; > : It is, therefore, ordered, considered and adjudged that the bonds of NORTH CAROLINA | : matrimony heretofore exi: tine 1 IN THE SUPERIOR COURT. , “isting between the pleintiff and the defendant be, and IREDELL COUNTY they are, absolved and set aside and the plaintiff is cranted an absolute divorce / i from the defendant, G Grace M. Cline, ' It nearing : PLAINTIFF “ appearing to the Court that there are two children of this marriage, vs. } ISSUES toewit Donale K rry Riurw © aA RR «- sn wae ane ‘ . ~ » 4 } / oe erry burr, aged 8 years, and James Lee Burr, aged 5 years, and Carl J. Cline, } + . ~ Deal .¢ ‘ : +. . . EF N AN that the pletntiff ana tne defencant have arreed that the defendant, the mother renee § Of said children, is to nav ae ‘ . ; » +) +h ; ; : ye mo neve complete custody of the said children, and that the 1. Were the plaintiff and the defendant intermerried, as alleged in the plaintiff, the father of s¢ Complaint? } 4 } ting Said children, is to have the obligation of contribut.ne the sum of Twenty-Five Dollars ($2° inet Answer: w<5e00) per month for the support of said chile ewer Yes. é. Did the defendant abandon the plaintiff and have they lived Te and apart from each other for more than two years next preceding the commnencemen of this action? to the C r m stot - Court, from statement of counsel and from other evidence before said Court thn + * 7 1G Vout h same is a 34 rn ™ ’ , me if & just and equitable arrangement; Now herefor } f ; : , ') Wherefore, it is further ordered, considered and adjudged that the Answer: Yes, custody of the two minor Children, abov Ba to the 5e Has the plaintiff been a bona fide resident of North Carolinas for one oes SUOVe named, shall be and is given to year next preceding the commencement of this action? defencant, Mrs, Evelyn Hester Burr, Answer: Yes. It is further orderea ee g. Lt ee ie adjudged that the plaintifts ° t 4. Was the plaintiff of sound mind and memory and mentally competent to Burr ay to the a4 e In . ransac , » Pay to the defendant, Mrs, Evelyn Hester Burr, for the maintenance and t her affairs on June 16, 1936? support Oi said minor h4 oa “5 h A *$ or children the sum of Twenty-Five Dollars ($25.00) per monty newer: Yes. th the r on | ” © month of December, 1939, and this cause is retained for fut ers -“O- -0= =0= =-0- -0- IN THE SUPERIOR COURT SECOND WEEK - NOVEMBER TERM 1939 MONDAY, NOVEMBER 13th, 1939 NORTH CAROLINA, IN THE SUPERIOR cour? IREDELL COUNTY. Grace M. Cline, } PLAINTIFF -vs- } JUDGMENT Carl J. Cline, f DEFENDANT This cause coming on to be heard and being heard at the November Term 1939 of Iredell Superior Court before His Honor Allen H. Gwyn, Jiige presiding and a jury, and the jury having answered the issues submitted to them in favor A > vor of the plaintiff: IT IS, THEREFORE, ordered, adjudged and decreed that the bonds of matrimr neretofore existing between the plaintiff and the defendant be and the same are a h-reby finally and absolutely dissolved and the plaintiff is hereby granted an absolute divorce from the defendant. Via Allen H. Gwyn E PRES TD! NG STATE OF NORTH CAROLINA ] : IN THE SUPERIOR COURT v COUNTY OF IREDELL James Goble, a minor, by his next friend, Clyde Nagle, Plaintiff. =e -V- Mtr wy Duke Power Co ipany, and C. M. a = Steele, He O Steele, a. P. Steele Pr. F. Steele, and E. R. Rankin : trading and doing business as the Statesville Brick Company. <e e e e e Defendants, THIS CAUSE coming on to be heard before His Honor, Allen H. Gwyn, Jude? Presiding, at th N residing, at this the ‘ovember Term of the Superior Court of Iredell county and it appearing to the Court that the plaintiff, James Goble, is a minor duly represented herein by his next friend, Clyde Nagle, who has been duly and reé” appointed such next Friend by th . nis ularly © Clerk of the Superior Court of Tred C . ounty; it further Sppearing that the plaintirr has made an offer to settle alleged cause of action for Two Thousand ($2,000.00) Dollars, which amount IN THE SUPERIOR COURT 1'7°7 SECOND WEEK - NOVEMBER TERM 1939 MONDAY, NOVEMBER 13th, 1939 ndant have agreed to pay, said settlement having been recommended by the en def raintiff's next friend and also by his attorney of record; and the Court having p f made an independent investigation of the facts and circumstances connected with the plaintiff's injuries and the nature and extent thereof, hoving examined the witnesses and abserved the minor plaintiff, being of the opinion that said settle- ment 1s fair and just to the plaintiff and that it is in the interest of the plain- tiff said settlement be made; IT IS, THEREFORE, CONSIDERED, ORDEHED AND ADJUDGED that said settlement be, and the same hereby is, approved and affirmed, the same to be in full as a settle- ment and discharge of this action and of all claims, demands, damages or liabilities which have heretofore arisen or which may hereafter arise by reason of the personal injury to the plaintiff and the matters and things set forth in the complaint. IT IS FURTHER CONSIDERED, ORDERED AND ADJUDGED that the plaintiff recover of the defendants the sum of $2,000.00 to-gether with the cost of this ection to be taxed by the Clerk according to law. This the 14 day of November, 1939. WE CONSENT: Clyde Nagle Next Friend Hugh G. Mitchell Seb. V. Turlington Attorneys for Plaintif?t. Jack Joyner W. S. & B. Robinson Jr. W. B. McGuire, Jr. ‘torneys for Defendant Duke Power Company Land & Sowerg orney for Defendants C. M. Steele, H, Qi Steele A. P, Steele, F. F. Steele, and E, R, Rankin, trading and doing business as the Statesville Brick Company — IN THE SUPERIOR COURT SECOND WEEK - NOVEMBER TERM, 1939 MONDAY, NOVEMBER 13th, 1939. NORTH CAROLINA, IN THE SUPERIOR COURT IREDELL COUNTY. NOVEMBER TERM, 1939. James Goble, a minor, by his next friend, Clyde Nagle, Plaintiff. Vse Duke Power Com and Steele, H. P. Steele, A. Steele, F. F. Steele, and Rankin, trading and doing business as the Stavcesville Company, Defendants. en 06 ce 08 #8 @8 #8 @8 Of ## oF This cause ming heard before His Honor, Allen H. Gwyn, Judge » at the Novembe sym of th ell County Superior Court, and it aring to the Court that the 1in Jamcs Goble, being duly represented this cause by Messrs. Hugh G. Mitch in Vv. Turlington, Attorneys; an¢ r the aforesaid attorneys is te e paid from the amo >covered h ion fo t or the plaintiff, and it _ £A4 q 7 rh vyeius 1 whe DJ PI r : . ; > P t further appearin ne Cour that 1e fee or ‘ € ~ + Ye yY nY Qamrvinec torneys have been to Con- matters - nf#A.« d I : o t} O n h ida derable trouble and effor 1 connection wi thi . NOSe 3 + 13 i tt lales } } ° > the q ordered and adjudged that the | ¢ bne State + » ac 3 Taye) f - ? Y she aforesaid Hug M I and vs Seven Hundred ($700.0 Dollars £ Kenneth Gibson for representing et ( \ 2 cases) F LESS THAN $20.00 VALUE lidated for judgment. —s CT ee ad ot ee ee confined in the common J : ae 199 TWO YEARS to be assigned to work 0 i by law, under the supervision or eT ublic Works Commission. The road senvel’” uspended for a period of Five Years (urine, [Three Years of which he shall be under the supervision tne North Carolina Probation Commission) on condition 9 t , rood behavior and violate none 0} ” hat during school age he shall atten? the State and properly con passes school age or comple the } each and every Sabbath, ere shall attend some religious ol purpose of receiving training; that we sist hool he shall apply himself to honest oe ts at he shall report to the Recorder's Cow. the city Statesville, N. C. on the First Monday of and every month for a period of Twelve Months to on he 1s complying with the conditions of this Judgments pens tae Shall at the same time write to the Probatity ts uae tote tn a7 of the report; that ne m time to time to the Probation office a require. The defendant is further ordered ring ao =U oe This judguent is agreed to by the defendant in 0 IN THE SUPERIOR COURT SECOND WEEK - NOVEMBER TERM 1939 MONDAY, NOVEMBER 13th, 1939. r A Dr P TV LAN LIN Let the fora t vision of the State Highway and the cos of Five supervi LARCENY OF PROPERTY OF LESS THAN $20.00 VALUE ATTEMPT TO BREAK & ENTER. Consolidated for judgment. Let the defendant be confined in the common jail of Iredell County for a term of TWO YEARS and be assigned to work under the supervision of the State Highway and Public Works Commission, and pay the cost. The road sentence of Two Years is suspended for a period of Five Years, {during Three Years of which he shall be under the supervision of the North Carolina Probation Comnission,Jon condition thet the defendant be of good behavior and violate none of the laws of the State; that during school age he shall attend the public schools of the State and properly conduct himself as a student until he passes school ase or completes th course as provided; that each and every Sabbath, in absence of sickness, he shall attend some religious tution for the purpose of receiving braining; that not engaged in school he shall apply himself to hon gainful occupation; and that he shall report from tim time to the Probation Officer as he shall require: when not engaged in school he shall apply himself and gainful occupation. This judgment is agreed defendant in open Court. parame AD DONDRRTY 07 LARCENY OF PROPERTY C ATTEMPT TO BREAK & ! Consolidated for ju Let the defendant oe confi in the common County for a term of TWO YEARS and under the supervision of the Stave C Comnission, and pay the S The road s sence of Two Years is suspended for a perio Five Years, } during x s Three Years of which he shal nder the supervision of the North Carolina Probation mission} on condition the defendant be o: rood beha' laws of t } the publi a ¢ etiident as 4 SvUadeCNL c Cc screo course as provided absence of sickness tution for tne not enzaczed in I ; % & & - ana that ehal) gainful occupation; in hat he snail 1 ae . Le Dp ha 4 AY Sepa r he shal requires n time to the Probation Vil s he shall 1 not encaged in school he apply himself to gainful oceupation. This judgmen s agreed to by the detencaany in open Court. Y OF PROPERTY OF THE VALUE OF LESS THAN $20,006 } $ 3 : nH wy of Iredell County defendant be confined in the common jail of 4: : ] a y ern of TWO YEARS and be assizned to work under wne super- >: é Public Works Commission, 4ne pay P s *. essanended for a perio t. The road sentence 0} Two Years is suspended ior ® a a i: : r ey aha ne under th Year ring Three Years ol which he shall be uncer \\™ tears during Three te L o f ‘th C { >robati Commission) on condition sion of the North Carolina Probation CVommiss . : 3 a + r) f the a that the defendant be of good behavior and violate none 0} the laws of the schools he pass not in that ea attend training; that he shall repo the p blic c State; that during school ace he shall attena 1 . “of the State and properly conduct himself as ee ae es school age or completes the course 45 eee a ae school he shall apply himself to honest ee teak ch and every Sabbath, in the absence of sickness, ne some religious institution for the purpose 04 rece. d Rian 1 rt from time to time to the Frobation Officer as he shall required. This judgment is agreed to by the defendant in open Court. 180 No. 181 ) State vs } } Joe Honeycutt No. 211 State vs C. C. Brooks This 4 ~ wo <_< oe Honorable Court takes recess until Tuesday Morning, November its IN THE SUPERIOR COURT SECOND WEEK - NOVEMBER TERM 1939 MONDAY, NOVEMBER 13th, 1939. A e W ° D e W e Prayer for judgment is continued for a period of Fi condition the defendant remains of good behavior an none of the laws of the State. ve Yeans op d Violates LARCENY See judgment on bottom of this sheet. 1939 at 9:30 o'clock A.M. Hala. iiaaenle sclera 1. JUDGE PRESIDING? ~ + -~ + ~ yy N 2 2 LUE ¢ LESS THAN $20.00 é T e > y s 7 s L a e »Ar fF 4 + 7 : +} er a’ . T sAa’ Navneet é: / r niitnead in the common jail of Iredell Cowt Or ¢ ey, m Tuy Vhs q ; fora t Yi iWU IBANS and be assigned to work on the roads as 4 provi } . 7 ny : / JV 1ed UY i Vv Ingaer Tr nea SC1iner "af y = } a+ t ‘wo tr ‘ ee = 33 ans Mhuep tne supervision of the State Highway and Fublic Works miaaetnar 1}, . 4 . vy al ae ks C +5S.0ne ine road sentence of Two Years is suspst ‘ sive -cars (during Three Years of which he sht.. oe un r the ne : r . a oe 74 : r t nt} ’ ene all eatin ne i. ia _ vs5iL0 9i the North Carolin »bation Vommiss. ( cond on t} ' " : ae : ‘ : eS ne WSS v Uhe n be of good behavior and violate: Ol Vie > Tf é : - _A ‘ u +7 o y en | 2 . } a) ters , = 2 : . vs» ¥ urin; school are he shall atten: € AL 1 SC! S > Ar Y SO an - leant t= elf as 4 a} } ‘ > = . s } »p Piy cor yct nimseli 455 ws : < “16 passes school ae or completes the course as pm } 1e¢) na + aan ‘ aM Ne eaci } Vv v } " e £alenece ate ] 7 abdbath, in the absence of sickness, 2 s » 2 2 2 o e ~ e ina os “ Us Stitution or the purpose 0: ~ ‘ si v4 . = 2 a * a ° ie : ; yne ot enrare in scno ] e snali & Nimself t y ‘ : , > ; " 1] occupations; that he shall, fromt vO time, report t t Proba oY } fran aah hall raciire. * e . . : sVve II , icer as ne snail CQulssve F u is ur oy “1A . urcher ordered to pay the cost. 4 11) Ar La oy ‘4 , » f ' wr + 3 QQ to by the delendant in open Courte 1 Aller: . Gwyn a IN THE SUPERIOR COURT SECOND WEEK - NOVEMBER TERM, 1939 TUESDAY, NOVEMBER 1th, 1949 181 This Honorable Court convenes according to adjournment on Tuesday Mornin:, Hovenber 1th, 1939, at 9:30 A.M. NORTH CAROLINA, IN THE SUPERIOR COUR IREDELL COUNTY. NOVEMBER TERM, 1939. y, M. Rickman, VS R, J. Holshouser and R, Je Higginbottham, Trading as Mooresville Iron Works <0 Oe ee This cause coming on to be heard and being heard upon an agreed statement of facts filed and submitted by the plaintiff and defendants, a jury trial having been waived, and the Court being of the opinion upon the facts agreed that the plaintiff is entitled to recover of the defendants the sum of $5.50, together with interest fro SPYPMcenr RTC TN wr? T) > TAT torr A *aTT ‘7 +4 mm T my he be + th C) < ( ; be » » rs 40, 24H Thy CONS LUEX: 9 NYVBREBY ANY AUN vVUnbY Tneavu Un vu M. Me Rickman, have and recower of the defendants, RK. J. Holshouser and k. Jd. Higginbottham, Trading amd doing business as Mooresville Iron Works, the sum of ec } ‘ } } a o> - c Z0 95.50 together with interest thereon from Aucust 15, 1939. It is further ordered that the plaintiff recover the costs of this } action to be taxed by the Clerk. Allen He Gwyn Judze Prestaing To the foregoing judgment the defendants except and appeal to the upreme Court. Notice of appeal given in open Court. Further notice waived. al t bond in the sum of $50.00 adjudged sufficient. n ¢ : * , he "14 47 ax) Hit By consent of the parties, the summons, the complaint, the exhibits for : 4 1.2 al . ~ Pos and B", the answer, the agreed statement of facts, this judgment and *xception thereto, shall constitute the case on appeal to the Supreme Court. 8 Defendants allowed 40 days to prepare and serve statement of case on man Plaintiff allowed 20 days thereafter to serve countercase or file “4C@ptions, Allen H. Gwyn ia Jidge Presiding. —-- + ac eseeneneccsccccncccrcccncccncccccciiaaa ae ee ce tie Wesel ele, So 5 Sate eee oo a aa ae ae Pre a ee A SEE oe 2! DS Pd , eo 5 = ee = a a : ee ee a ee SS eee seem ns; STRUM aelieleE .celtrettememmmaalliadl = —_ meen “— IN THE SUPERIOR COURT SECOND WEEK - NOVEMBER TERM 1939 TUESDAY, NOVEMBER lth, 1939 No. 1643 J. Le Thompson vs Dr. Pepper Bottlers Corp. NORTH CAROLINA, IREDELL COUNTY. Thompson VS Bottlers Corpora } Noe 1659 In Re: Caveat to W. T. Bell, decense Morning Jovem ‘ er a 3» November 15th, 19 A 275 at 9:40 o'clock AVM, The following jury: A. E. Suther, Ea Carl W. Murdock, R. W. Dobson, Ea. . Sot Leber, Rhos. R. Alexander, J. E. Lothery s C. k Cope, A. A. Troutman, T. I. Clodfelter and ¢ Y Shook, were duly sworn and empanelled to tr "oe issues in this case. 7 “te In the Superior Court, November Term, 1949 JUDGMENT +47 ¢ Va ovember '‘ Term, 1949, of the H. Gwyn, Judge, anda the plaintiff's evidence the and excepts appeals to the Supreme rt. further notice waived. Plaintis: atement of case on appeal and the yrve countercase or file exceptions. . be allowed to prosecu pes. —- lled. ° > t'; “Aw ty a on . ‘ 7 1e following jury: A. E. Suther, Earl McAuley, J. A. Combs, Ed. ©. Johnson, ©. H. Lebers W. ' 0 vOpe , Ue We Shook, Thos. R. Al exand r’, Je Ve : wc 2a l ty T w Saliew went W. Fowler, J. W. Hendricks, and c1yee Cc at ar » . y olley were duly sworn to try the issues in this case, Pending trial Court takes recess until wednesday a, at cine Cle At UPVGED A JUDGE PRESIDI- IN THE SUPERIOR COURT SECOND WEEK - NOVEMBER TERM, 1939 WEDNESDAY, NOVEMBER 15, 1939 This Honorable Court convenes according to adjournment on Wednesday yorn4N3» November 15th, 1939 at 9:30 o'clock A.M.. The following jury: A. E. Suther, Earl McAuley, J. A- Combs, Ed. E. Johnson, C. H. Leber, W. E. Cope, C. W. Shook, Thos. R. Alexander, Je C. McNeely, J. W. Fowler, Je We. Hendricks, and Ylyde Jolly, being duly sworn and empanelled, answers the issues submitted to it as follows: » 1659 by bavent to the Will of W. T. Bell, dec'de d No. 1659 In Re: caveat to Will of W. T. Bell, Deceasede We + - haard before His Honor Allien This cause coming on to be heard and being heard beiore * ’ i ' > Tradell H. Owe 7 . - eo , aynerior Court of iredael lwyn, Jdge Presiding, and a jury at this term 0 .e Superior County, N { ¢ the late vounty, North Carolina, and it appearing to the Court that the w 11 o ™m ¥, T, Bell, was, on the 18th day of June, 1937, admitted to probate in common for " ir by the Clerk of this Court and that thereafter Mrs. Lillie Honeyeutt, the only he -hat the “t law of the said W. T. Bell, deceased, filed a caveat to said will, and tne ; IN THE SUPERIOR COURT SECOND WEEK - NOVEMBER TERM 1939 WEDNESDAY, NOVEMBER 15th, 1939 issues raised by said caveat were duly transferred to the viyil issue docket and come on for hearing at this Term of the Superior Court, and the Jury havi, R answered the issues submitted to it by the Court in fevor of the Propounders gn; ng against the caveator, as set out in the record; Now, therefore, it is hereby considered, ordered and adjudged by the Cy ur that the said last will and testament of the said W. T. Bell be, and At 1s here, declared to be in all respects valid and the last will and testament th tu deceased, and it is ordered that the said last will and testament be, and it fs hereby admitted to probate in solemn form. It is further ordered and adjudged that the court Costs proper, inelyéin, the Officers fees in subpoenaing the witnesses, be taxed against the propounders and paid out of the estate of W. T. Bell, deceased. It is further ordered that the propounders pay the witness fees of their witnesses and the caveator is to pa her own witnesses, eee, Jo “Judge” Presiding. Upon the coming in of the verdict, the caveator moves the Court to set sa th rdic , p — Lo ae bh ‘ : . dente asice the verdict and for a new trial, as bein against the weight of the evident and for errors committed by the Court in the progress of the trial. Motion over uled. Caveators excepts. Judpment Signed as set out in the record. The Cavest excepts and appeals to the Supreme Court of North Carolina. Notice of such appetl en in open Court, and further notice waived in open Court. Appeal bond fixed at $75.00 (Seventy five dollars), Rx o e : wy by consent of all parties, Caveator allowed thirty days in which to serve case on appeal, and the propounders allowed thirty days thereafter to serve counter-case or file exceptance,. Allen He. Gwyn en H il ~ @udge Presiding ea ee Coenen : ; ia ———— ee Noe 1735 | DIVORCE. James F. Moore ) oe rey nswers Catherine M. Moore the Divorce Jury", being duly sworn and empanelled, ® e issues Submitted to it as follows: North Carolina, In the Superior Court, Iredell County. November Term, 1939 James F, Moore vs j ISSUES ee ee Catherine mM, Moore, IN THE SUPERIOR COURT WEDNESDAY, NOVEMBER 15th, 1939 1. Did the plaintiff and defendant intermarry, d in the complaint? and ere they now man and ged in ? wife, && alle Answers; Yes. 2. Did the defendant abandon the plaintiff, and have they lived separate d apart from each other for more than two years next preceding the commencement ae this action, as alleged in the complaint? Answer: Yes. 3s Has the pleintiff been a bonifide resident of the State of North Caro fer wore than ‘wo. year immediately preceding the commencement of this action, as alleged in the complaint? Answer: Yes. “O- -O- -O- -0- -o- NORTH CAROLINA, IN THE SUPERIOR COURT, IREDELL COUNTY. BEFORE THE CLERK. James F. Moore : VS. } JUDGMENT ) Catherine M. Moore ) This cause coming on to be heard and being heard at this Term of the Superior Court of Iredell County, North Carolina, before His Honor, Allen H. Gwyn, Judge Presiding, and a jury, and the jury having answered the issues submitted to it by the Court in favor of the plaintiff and against the defendant, 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, James F. Moore, end the defendant, Catherine M. Moore, be, and the same are hereby disolved, anc the + plaintiff is granted an absolute divorce from the defendant. Allen H. Gwyn Judge Presiding. . a ‘ J rg : ing jury: Earl McAuley, R. W. Dobson, I. H. Nerey Keaton aitteon, 3. S Esthery, A. A. Troutman, T. I. Clodfelter, Me ) W. C. Wooten, C. A. Cartner, J. M. Blackwelder, John = epithe Railway Co. ) Brown, C. L. Cline and G. A. Massey, were duly sworn an — ) empanelled to try the issues in this case. Pending “rial Court recesses until Thursdey Morning, at 9:40 o'clock A.M.. This Honorable Court takes recess until Thursday Morning, November 16th 4939 at 9330 o! Clock, SECOND WEEK - NOVEMBER TERM 1939 18 lina IN THE SUPERIOR COURT SECOND WEEK - NOVEMBER TERM 1939 THURSDAY, NOVEMBER 16th, 1939 IN THE SUPERIOR COURT 187 SECOND WEEK - NOVEMBER TERM, 1939 FRIDAY, NOVEMBER 17t, 1939 This Honorable Court convenes according to adjournment on Thursday This Honoravle Court convenes according to adjournment on Friday Morning, Morning, November 16th, 1939 at 9:30 o'clock AeMe. ovember 17th, 1939 at 9:30 o'clock A.M.. | No. 1697 ) This case was called for trial in regular Order on the : ina In the Super‘or Court, Mildred Thomas } calendar, The defendants, Clarence Yarborough and Tke North Carolina, be vs ) Womble, were called to come in and defend this action t November Term, 1939. | Clarence Yarborough, 4 or judgment would be rendered against them, Neither Iredell Countye i > ae and Ike Womble }) defendant answered upon being called, aie , i The following Jury: Earl McAuley, R. W. Dobson, 1, x Mildred Shouse ) as az 1 ° r m n ” om Allison, Je E. Lothery, A. A. troutmen, T. I, Clodfel ter, Vs ' JUDGMENT : Ne UC. Wooten, C. A, Cartner, J. M. Bleckwelder, John p, ; ) . Brown, C. L. Cline and G A. Massey, being duly sworn nee Yarborough } | and empanelled, answer the issues submitted to it as Clare Sante i : follows: and Ike "ombie | . is | aid oe a leard hy Hie 1 san ay, j f lor arc his cause coming on to be heard and being heard by His Honor, Allen H. i North Carolina, In the Superior Court, This 5 - I . ige Pr ing and y, and the jury having answeréd the issues as tredell County. November Term, 1949 Gwyn, Judge Presiding, and a jury, = 7 A444 follows: I | v3) ad hy aa A . ; / : : 6 ' a | 1. Was plaintiff's injury due to the neglicence of the defendants? . VS. 4 Teer e | ) ee Answer: Yes. | ) Clarence Yarborough | es she peek | and Ike Womble ) 2. To what amount of damage is plaintiff entitled to recover from | the defendants? a I | Answer: Yes. ' L Was plaintiff's injury due the neglice: ~ 44 ; ° . ; 1%ydcred thes h 4 { . e \ t injury due to the neglisence of the defendants? It is therefore hereby considered, ordered and adjudged that the plaintiff Answer: Yes “as | | , He Sk . recover of the defendants the sum of $625.00 with intcrest thereon at the rate of 2. To what amount of damare i. at +e og A vy - wan th , ‘> + —— rathan wi +} - 6 f t is : er” > is plaintiff entitled to recover from th 0 per cent per annum from May 26, 1939, until paid, together with the cost of Answer: $625.00. — this the 17th day of November, 1939. Allen He Gwyn A ~~ guage Presiding | | : No. 168 F Mercy re ton Fending trial Court takes recess until Friday | cy “Orning, November 17th, 1939 at 9:30 btclock. —2 = “aa Southern Railway Co., et al } | North Carolina, oe ee ‘redell County, November Term, 1939. This Honora} 1 H rable Cour € ss f e a t takes recess until Friday Morning, November 17 Eli RKobenette ) QO2z¢ }* 1949 at 9:30 o'clock AcMee V8. } ORDER JUDGE This cause coming on to be heard at this Term of the Superior Court of ‘redell County, before His Honor, Allen H. Gwyn, Judge Presiding, and being heard t “Pon & motion by the plaintiff to be allowed to amend his complaint, and the Cour eing of the opinion that the motion should be allowed: > oS oO tute No, 1675 Everette Vs ite Sn lor lel] Vv T e a ‘ ree + > separarve commence Nortn Ca Tredell Everette ++ is, therefore, complaint in this Court IN THE SUPERIOR COURT SECOND WEEK - NOVEMBER TERM, 1939. FRIDAY, NOVEMBER 17th, 1939. ordered that the plaintiff be and is hereby allowed such manner as he desires, within twenty days fron and the defendant allowed thirty days thereafte, s advised, to said amended complaint. Allen H. Gwyn vudge Presiding ) DIVORCE: Feimster ) ) The following jury: Earl McAuley, R. W. Dobson, le ie tT m T nm " ith Fe ter } Allison, J. E. Lothery, A. A. troutman, 4. “- Clodfelter, AY Wy + (* AA TR anlwelc ~} nN WwW. C. Wooten, Ce. Ae Cartner, J. Me Blackwelder, John D. rown, C. Le Cline and G. A. Massey, being duly sworn eae ) s+ aA 4+ nd empanelled, answer the issues submitted to it as ollows: rolina, In the Superi« Court, Countye iovember Term, 1949. ‘ + i eimster ) e © we ; w e 4 y . 4 th Feimst« i + - } LSve ias the plainti been 4tizen and resident of the »tave = far m than 4 o ' ; , bY oti as Or more Vin vo yea ortor to the commencement of tnis action, in the « plaint? Answer: Yes, 2 I : +) complet Ge e plainti un efen Sntermarry as alleged in tne com A . “7 Answers YeS. A ii Awe rV\4 } - ’ a | . _ ~* anc + 7TG5 v e plaintiff and defendant separate by mutual conser? the and apart from each other for more than two years next preceedsne © mon i sf + oa 4 e mer Ol U oY 9 ¢ all red ir ; a compl: int? Answers: Yese “O- -O=- <-O=- <-O- -0O- Ar . rolina, County. Feimster \ Feimster \ In the Superior Court, November Term, 1939 JUDGMENT IN THE SUPERIOR COURT SECOND WEEK - NOVEMBER TERM 1939 FRIDAY, NOVEMBER 17th, 1939 189 - ¢ D »4 y + y } Te yw, f } This cause coming on to be heard and being heard at this Term of the Iredell County, North Carolina, before His Honor, Allen H. superior Court of e Presiding, and a jury, and the jury having answered the {issues +8 i’ eO * 7 © Gwyn, JU nmitted to it by the Court in favor of sub the plaintiff and against the defendant, as set out in the record: It is therefore, ordered and adjudged by the Vourt that the bonds of r «ting between the plaintiff, Everette Feimster, and th mtrimony heretofore existing betw P , a : in 4 ana h eame ara h mahy AL ear Lved and the ta8 Cy Fe{ms ter pe and the same are heredvy Gisse hy defendant, Neipe Smith |! . 5 ‘. 4 5 fy _fandant ep 4a cranted an absolute divorce from the dete ne intiff is gran plaint Allen He wyn a ee ga aan en Juda fe residil ~ Noe 1687 } The following Jury: ra m0 eS ee We 4VV ‘ 7 w ¢ fA ’ e ° + f 4« y O Le Le is > f =“ i 4 i ‘ e if ys Mercy Keaton } I. H. Allison, «> wT, 2 ~ A. Carty Je Me vs { Clocfelter, W. Us ™ dieing Aiggad ane nat , h . T iy f ° . - ; n 4 ; } on it welder nn 7 : ° Le Wi s . 4 Southern Railway UOe 8 al } Bl , wOLe : =, * : Massey, O0e.n OUsy saa aS 9 : . " ‘ } s lj Lows: Ure 1c wu i 4 Yerev Keaton ) / nEerCcy Aea VOL» . Plaint ff, : -JS- ¥ 1 - . ' ° A “83 ry) n Y elerrann y . ‘ ‘ y ie “—— on, Agent, i P Arcent and ’ ly, ! | S ) . ) LY ’ + . > of a4 ’ ¥ y Ae (I ie d nda md fu i alleged i: he complaint? Answer: Yes ae wt om s ¢ nw t4 t l + 5 a lama cag an‘ s }) 2s’ Ce If so, what actual damages, I mi y 9 rac yer of t} Rp ls ay 1s n a? Answer: S250.eU0- -“O- -O- “O= -O- Wypmry a7 =e - onmDoTn Tret ry URT WORTH CAROLINA, IN THE SUPERIOR COURT, IREDELL COUNTY. NOVEMBER TERM, 1939+ Mercy Keaton, VS JUDGMENT. Western f vomipany Union Telegraph and R, et a E. Patton IN THE SUPERIOR COURT SECOND WEEK - NOVEMBER TERM 1939 FRIDAY, NOVEMBER 17th, 1939. This cause coming on to be heard and being heard before His Honor ’ H. Gwyn, Judge Presiding, and a jury, and the jury having answered the submitted to them as follows, to-wit: 1, Did the defendants unlawfully and wrongfully assault the plaintiry as alleged in the complaint? “ty Answer: Yes. 2. f so, what actual damages, if any, is the plaintitf entitled to recover of ? defendants? is the plaintiff entitled to recover rn isos plmamnianieenik: Wie pe JDGED A REED That the with Allen H. wwyn Judee Presfding. ——-—— eturn of 1e verdic y the jury 1e defendants moved to set to be ts allowed 60 days in which to serve sta‘ serve count oO we This cause D. Ae Ritchie filed a caveat to she employed Mr. Louis Whitener a represent her in the proceeding; was unable to appear ; coming on to be heard and it appearing to the cour : the purported will of Mrs. Minnie Cashion} s her attorney and paid him the sum of ' he 4 » . bo f on ea 2 “a u se account of disabil . ty Mr. Louis PrP, and the fact of his + ” st 4g disability appeared to the caver ni: mencement this court; that his brother, Mr ae Ps on behalf of the Aria tegen lity as attorney instead of his brothers = ong whats alae re the cause was conéinued from the last term of the = riaay pl vO tne November Te ; ! : ee eet ease © | vember Term of Court Mr. Manley Whitener 0.1, caveator appeared in cour ae 7 continuance; that \ . weeks prior to the commencement of agreed to assume the , t t Mi } : : sens: On Monday, the first day of the term, ivinuance was resisted on the part of the P IN THE SUP’RIOR COURT SECOND WEEK - NOVEMBER TERM 1939 FRIDAY, NOVEMBER 17th, 1949. on the Court informed the caveator that the cause wuld not be tried on whereuPp n which 4t was scheduled, but would be tried during the term, and directed the dey Se uaiee counsel for the purpose of a defense; that the cause was called fmm her to Plas during the term, and each time the Court was informed by caveator that time to ot procured counsel. The case was again called on Friday, the last day of she had a“ the caveator appeared again without counsel and renewed her motion for the rica and it appearing to the Court, from admissions of the parties, that continuan outstanding debts which must be paid and satisfied from the assets, and there ee caeate of the estate should be marshalled and collected, to the end that that _ cal costs of administration may be paid; and it appearing to the Court - oe center asrees that the present Executor, Mr. Monroe Adams, who was named that the in the will, shall proceed to collect the assets of the estate and to take Breoutor claim and otherwise proceed with the administration of the estate as if Poti were held yalid, with the understanding and a sreement, however, thi t his mee cs Executor shall not be to the prejudice of the caveatorts right to prosecute 0g aveat at the next term of court; it veing agreed by the caveator that the en “ be set for trial peremptorily at the next term of court and that no further ee neee will be requested or gra ited; it being arreed further that in the onus the will 4s set aside and an administrator appointed, that the presently named Executor may act as a commissioner, anda that he may b ‘ Co missioner to sell any lands which may be necessary for the purpose § ¢ making, as s to pay debts: A ™ TT IT Is, THEREFORE, CONSIDERED, ORDERED AND ADJ DGED, rith the « sen of the propounders and that ce Eeoues ce the il OE an s hereby instructed and rected to proceed with the administration 0: y state, to the end that the assets ma, be collected, the payment of tne iebts and otherwise as a fully as if tne been established, an is auth rizec _te proc 1 in a certain special proce: vnendins before the Cl : th ( Ww petition has 0°¢ led to make assets to pay aedts; shall be the caveator as well 25 propounde S will had been estaodli: hed; it being ordered and djud j without prejudice to the alidity at the next term ol remain after the debts of the estat jud omen t MA ph od Winberry for Propoundcers North 7 ~ 7 horth Carolina, Iredell County. Je P. Speaks Vs W. He Foster, et al : — de peing he This cause coming on to be hesrd before the undersi ned Tugs, om " heard, and on the motion of the Counsel for the Plaintiff, the — — efendants, W. C. Meadows and W. H. Foster, having been suggested; ‘i will of It 1s ordered, adjudged and decreed that the executors, under the either part t r ¢) arties mention, be made y, if no executors, the administrators of the p Perties defendants, and it is further ordered that the devisees under the will of *ither party be made parties to this action, 98 defendants. IN THE SUPERIOR COURT SECOND WEEK - NOVEMBER TERM, 1939 FRIDAY, NOVEMBER 17th, 1939. It is further ordered that summons shall issue for the ab parties as defendants, and that the summons shall be served o with a copy of the Complaint, as provided by Statute. OVe named n them, together It is further ordered that the plaintiff shall be allowed ¢ from the adjournment of this Court to have the said summons issue new parties and amended Complaint prepared for service on them. hirty days Q for the _..__ Allen H. Gwyn Judze Presiding, NORTH CAROLINA, In the Superior Court, IREDELL COUNTY. November Term, 1939. Miss Nellie Virginia Holland, Vs. ee oO “4 oO ie) a Mrs. M. M. Strader and W. 0, Mayes we This action having been tried at the t ugust Tem, 1939, of the Iredell County Superior Court before Hi Honor, Allen H. Gwyn, Judge Presiding, anda Jury, and a verdict having been rendered th ‘rein in favor of the plaintiff; and the Vourt having rend red judgment thereon for the plaintiff against the defendants for the sum of *hirty-six Hundred Twenty-five Dollars ($3625.00) and interest from the Jlst day of July, 1939, and costs; and the defendants havins duly appealed from the judgment, and the whole thereof, to the Suprem Court of North Carolina; thet in an Opinion filed by the Supreme Court of fort: (* ~ YY §. i“ yn y OZ } , } Carolina o1 & November, 1949, no error was found in the trial of the cause in the Superior Court, > OY _© appearing to the Court that although certification of its Opinion ls not yet been filed 4 l by the Supreme Court of North Carolina with the Superior f Ras +. no 5 } omnes rae edeli County, the defendants desire that an order in the cause be mas tas wits term of Court, in order that the judgment and costs may be pas, an t further appearing to the Co ites ; a: tai h their counsel of record. arree anc urt that the parties hereto, throug Dor. 1020, 92 Sree and consent that an order may be entered at the November, 1949 laren a ; a. i. ‘ : 1 “ps 7279 2€rm OL the Superior Court of Ir u and that al notice and proof of notice for ® of “redell County, n this cause at the Aumust 192 ™ . es Court 1 e - tne Must, 759, Term of the Iredell Count Superior xeaees 6 shat the plaintiff recover of the defendants the sum of Thirty-s uncred twenty-five Dollars ($3625.00 * hereon, 4 costs, including such costs oe )» Sogesher WEeh interes © t are ar : appet : : are are properly recoverable by virtue of the 4? to the Supreme Court of North Carolina, ' ' Allen H. Gwy: xin Judge Assi{med to and hagcerry Consented to: Courts In the Fifteenth Ju , District of North Carolina. Hoyle Ripple Scott & Collier orneys for Platntitr, Adams, _Dearman and Winbe rry Attorneys for Defendants 7 {vec r the application of such order is expressly ™ ‘ED, AND DECREED that the judgment rent" IN THE SUPERIOR COURT 193 SECOND WEEK - NOVEMBER TERM, 1939 oe FRIDAY, NOVEMBER 17th, 1939, Weddington, { Mr. Zeb. V. Long, Jr., Guerdian Ad Litem for the minors, Walter - ) Mrs. Ada Cavin Hemstelter and husband, Dallas Hemstelter, seein and wife, ) Vera Cavin, Single and Juanita Cavin, single, is present BE. De Cavin and wife, ) in Court, representing the interest of his wards, and T. C. hers ) with the plaintiff, waives Jury trial and agrees for the and ot judge to hear the pleadings and evidence and find the facts in this matter, wah e / NORTH CAROLINA, In the Superior Court, 4 IREDELL COUNTY. November Term, 1939, oF 5 § Weddington f — Pleintiff, Vs. E, D. Cavin and wife, Katie Cavin, T. C. Cavin and wife, Fannie Cavin, R. L. Cavin and wife, Jul ia Cavin, Mrs, Minnie Mills and husband, Jimmie ie Wills, Mrs. } John Sherrill end husband, John sherrill, Mrs. E rances : Brown and husband, W. Lem Brown, Mrs. Clare Cavin, : ) widow, irs. Elizabeth Cavin, widow, Jim Cavin and wife, Mrs. Jim Cavin, Mrs. L. W. Hicks, widow, kh rSe Js Ae ) F Perry and husband, J. A. rerry, Mrs. L. J- Harrington . and husband, Le J. Harrington, Mrs. J. Harrington and j husband, J. Harrington, Mrs. E. W. “llison and Hus band E. W. Allison, Glenn Cavin and wife Leona Cavin, Joe Cavin and wife, Mrs. Joe Cavin, Mrs. Roberta Cavin, widow, Lucile Cavin, Single, and Z. V. Long, Ire Guardian Ad Litem for the minors, Mrs. Ada Cavin Hemstelter and husband, Dallas Hemstelter, Vera Cavin, single, and Juanita Cavin, single, DECLARATORY JUDGMENT an aes 2 eee ae es = ant <— <—_ + ree “*-, Defendantse This cause coming on for hearins at the November Term, 1949, of the . ~ = aos tT neh Cann a haf 78 « ° * en tT. Superior Court of Iredell County, North Carolina, before His Honor, All n sa Gwyn, Judge Presiding, and being heard, and it appesring to the Court that — Por a oa ieaaial ; @ Uniform Decleratory Judrement is an action for a declara tory judgment under the Uniform Decl &1 tory ud gmer a » a ¥ 7 Sror) F G it c. < Act of North Cerolina for the construction of the Will of John Cavin, 7 “ As — o~ . Nac 3 nlw pacorded in Wi B c & sajre August, 1893, probated 20 December, 1899, and duly 1 corded in W }1 a =i." , ; = a , a - - Tn } 1TYV al s 268, in the office of the Clerk of the Superior Court of tredell vo Yo a set forth in the complaint and there being no issues of fact joined for @ jury nn hawy wo 4 3 jury er to pass on and the parties who were presant in Court having waived Sinetne facts : ‘ "Syria ay Owiny 1 8CUS agreed that the Court should find the facts, the Court finds the follov 7 YS yo fy r ; E nd t ie from the Complaint, Answers, Summonses, other papers in thé cause, 4 evidence offered: 1. That all persons having or claiming to have any interest which will wt hie be effected by a declaratory tudament, have been made parties to { proceeding. th ee That all of the defendants have been personally served ws Sh summons ‘ and @ copy of the Complaint; that summons, together with a copy of the a , was also served on Mrs. Roberta Cavin, mother of Juanite Cavin, with whom t - ; minor lives; that notice to have a Guardian Ad Litem appointed was eee ally on the minors, Ada Cavin Hemstelter, Dallas Hemstelter, Vera Cavin, and ee “avin, and they having failed to have a Guardian Ad Litem appointed, the Clerk ; the Superior Court of Iredell County, on motion of the plaintiff, duly appointed : ' V. Long, Jr., a member of the Statesville Bar, Guardian Ad Litem for the a said minors; that summons and a copy of the Complaint were served ree, “y - . V. Long, Jr., Guardian Ad Litem for the aforesaid minors, and he has filec Answer, and the aforesaid minors are properly in Yourt. i 4. That the defendants E. D. Cavin end wife, Katie Cavin, and Mrs. Frances: town have filed Answere; that none of the other defendants, except z . 7 ee to ten Ad Litem for the minors, has filed en answer, and that the time for th “ @nswer has expired. — wis d the other ; 5. That Z. Ve Lon Jr., Guardian Ad Litem of the minors, an tstentan am ieee 2 Joined the petitioner in his prayer that the will * John Cavin be construed. 899 ‘. That John Cavin died testate in Iredell County on 10 December, 1 , aoe in fee Simple of a tent of land in Fallstown Township; sree ae for CaPolina, containing around three hundred thirty 2a a the Clerk of the orty (30) acres; that the Will of John Cavin was probated by IN THE SUPERIOR COURT SECOND WEEK - NOVEMBER TERM, 1939 FRIDAY, NOVEMBER 17th, 1939, Superior Court of Iredell County on 20 December, 1899, and is pr Book 6, page 268, a copy of which Will is attached to the Complaint and "Exhibit 1", that Articles and 8 of the Will of John Cavin, controversy arises, are as follows: corded in Wil) mark Over which ea. "Article 4. I will and bequeath to my daughters Jane, forty five acres of land each, adjoining the lands of Peter Lip above described tract for Lafayette Cavin. Mary and Ann pard and the "Article 8, It is my will that if either of my daughters, or Ann die then the land bequeath to them shall revert to the survi vivors." Jane, Mary Vor or sur. 7e That Mary Cavin, one of the devisees named in Articles lL. and 8 Will of John Cavin, was born l, June, 186, and died intestate on 15 Decen that she was never married, and left surviving her, her sisters, Ida Ell and Ann Cavin, a brother, Jim Cavin, and the descendants of Lafayette Cay John Cavin, two deceased brothers, Of the ber, 19, en, Jeng in and 8. That Jane Cavin, one of the devisees named in Articles h anq 8 Of the Will ov John Cavin, was born 6 August, 18.3, and died intestate on 6 November, 1925; that she was never married, and left surviving her, her Sisters, Ide Ble and Ann Cavin, a brother, Jim Cavin, and the descendants of Lafayette Cavin an John Cavin, two deceased brothers, r - 9. That Ann Cavin, one of the devisees named in Articles ) and 8 of tix at ££ Tal ( 4 y) oc aa) DI) > mher £ 7 ta. W111 of John Cavin, was born 2l, Decemb r, 1850, and died testate on 15 March, 19373 tha t she wes never married, and survived her sisters Mary Cavin and Jane otha tne other two daughters of John Cavin named in Articles in and 8 of his Will. z . 10. That Ellen Cavin, a daughter of Joh 1, and @ devisee in his Will, ws; born 2 ily, 1555, and died testate 12 March, 1937; that Ellen Cavin was never arr Ge “a "ha + %¢ ) daurchte? t C j i ] “ne. a. ica Cavin, a daughter of John Cavin, and a devisee in his Wil, was Dorn © September, 1661, and died testate on 13 March, 19473; that Ida Cavin was never married, c That FE Cavity r. ee , 3 ; wii) ee, — Ellen vavin, wife of John Cavin, and who was ea devisee in his ‘tit, Giea testate on li: March, 1911, 14. That Ellen Cavin, Ida Cavin, and Ann Cavin left a “411, which Will s executed hy each of them, and was probated by the Clerk of the Superior Court : ce eee ee oe 22 March, 19357, and is recorded in Will Book 11, page 10 n re Oltice of the Clerk of the Superior Court of Iredell County, and under his Will, devised their rea} estate as follows: cad © ct re O +» " 3 NY cond... ot anda . { Five (5) Second. we give and devise to Jimmie Mills & Wife, Minnie Mills, : Five »} ACYres Of lend; to be surveyed off r is adj g the J. B. Lipper lract, and t o our ands adjoining the Jd. . ; 1G 1) "nea , rh e 3 P } ; » oO run up the right side of Quarter branch with the Lippard line fer enough to get the Five Apres, in fee simple ‘ ; as Ss ~ve Ai 7 Third.- We give and de acres of land, to be Surveyed o the 5-Acre Tract of Jimmie M411 running on up said Branch and t fee simple. ise to Lem Brow and wi fe, Frances Brown, Ten “f our land along the Lipmrd line, beginning o s & Wife, Minnie, (as mentioned above), and thente ne Lippard line far enough to get TEN Acres, in " Sixth. - > pive and devs . what lend sameine gO ed "sre to Walter Weddington, in fee simple, eh . pine egal, gaia Ging to o te nae ts 15-Acres is cut off, - -« a) “nes after the above named two trac is 1h. That the land devised ” y in 7 han Ta) (* , Wadd oi their father, John Cavin, vere was never any division of _to Mary, Jane, Ann, Ida, and Ellen by = ar 9 “as never been allotted by metes and poser, * the land among them; 15. rT t C t ew } 2 f Siliis Gain yn whet ene? has arisen over the construction of the Will ° last survivor, op i ll land devised to Mary and Jane reverted to Ann, “’ that 4% te aiiawee wary and Jane were seized of the land in fee simple} what lands wer yes © Sonstrue the will of John Cavin in order to ascerta:n © devised to Walter Weddington by Ann Cavin, and that until the er W 1 A . ; . 4 gton is unabl 7 to asce The Court is of judgment: the opinion ‘hat this is a proper case for & declaratory It is, therefor eed upon, adnitted ie a ore, considered, ordered and adjudged, upon the facts ag? © petition and ties and otherwise fo na answer, stated in open court by the per Cavin, deceased ee Court, that, P y f Jom by Articl rt 8 of the will ° » the devise v es and ° fee- Simple estate in the land devised arneett Jane Cavin and Ann Cavin, took oan or Sible as to each who died leaving more of upo and be and IN THE SUPERIOR COURT SECOND WEEK - NOVEMBER TERM, 1939 FRIDAY, NOVEMBER 17th, 1939. 19h-A the said three devisees surviving; that, upon the death of Mary Cavin and n the death of Jane Cavin, leaving surviving Ann Cavin, the said ann Cavin took came vested with a fee-simple title in and to the lands described in Articles 8 of the Will of John Cavin. Inis the 17th cay of November, 1939, Allen H. Gwyn Judge Presiding NORTH CAROLINA IREDELL COUNTY C. M00 AND LOAN ASSOC TATION Td A. W. Colson, Liquidating Trustee of the / 2 SUPERIOR COURT, °R TERM - 1939. M. DEATON VS : RESVILLE BUILDING THE SUPERIOR COURT OF IREDELL COUNTY: fle ws iiss i 2 ry lceing and ee to Oct. 41, 194593 Mooresville Bu 1 Loan Association, -eport from Aus. 1, 193‘ respectfully submits the following RECEIPTS ; a Cash on hand and in Bank, Aug. 1, 1939 v1» 666 020 Real Estate sold 2,000, 0 Rent 252.61:7 Payments on loans DISBURSEMENTS -~ Paid Stockholders $2,871.00 Loans for Reconditioning and repairs 1,051.91 Insurance end bonds 148.83 Taxes le27 Compensation 250.00 Sundry Expenses 9.70 C > . + “ vash on hand and in bank, Oct. 31, 1939 1,531.72 bs , 90 4 ASSETS~ Cash in hand and in bank 91, 551-72 Loans = Book value 24,204,614 Stock in Federal Home Loan Bank 2 4500200 r . Alia ¢ ‘urniture and Fixtures - book value 4 9 242002 seal Estate - book value — 12229145 . $145,650.10 LIABILITIES « due stockholders $36,933.00 “eserve = book value 8,717.40 $45,650.10 Respectfully submitted A. W. Colson, Trustee. IN THE SUPERIOR COURT 19h-B SECOND WEEK - NOVEMBER TERM, 1939 FRIDAY, NOVEMBER 17th, 1939 IN THE SUPERIOR COURT _ SECOND WEEK - NOVEMBEK TERM, 1939 196 FRIDAY, NOVEMBER 17th, 1939 il = o 5 + Chia IP es 2¢ JUDGE PRESTPING 196 North Carolina, In the Superior Court, Tredell County. Before the Clerk, Peoples Loan and Savings Pank vs CONFESSION OF JUDGMENT Roger Ge Moore, Ralph S. Moore, and Lamra §. Moore, We, Koger G. Moore, as principal, and Ralph S. Moore, and Laura S, ¥ the defendants in the above entitled case, hereby confess judgment in favo i. the Peoples Loan snd Savings Bank, plaintiff, for $900.00 with interest aa from Oct. 11, 1959, at 6% per annum until paid, and do authorize the ent = judgment therefor against us on the 13th day of November, 1939, o - The confession of judgment is for a debt now justly due from Roger ¢ “ooreé, as principal, and Ralph S. Moore and Laura Ss, Moore, as sureties, to the said plaintiff, arising from a note for borrowed money loaned to Roger G Sieve and endorsed by Ralph S. Moore and Laura S. Moore, which said sum is due to se plaintiff over and above all just demands that it has ageinst us. Roger G. Moore fa n me $ r Sah and Ra’ } M yr is primarily liable and Ralph S. Moore and Laura S. Moore are secondarily Liable on account of this judgment. si Roger G. Moore Principal Laura S. Moore Ralph S. Moore sureties souer Ge soore, Ralph S. Moore and Laura $. Moore, each being duly sw, says tne lacts stated in th fe 7 o- the judgment confessed is ju ne alove confession are true and that the amount A vv = 1y cue the plaintiff. Roger G. Moore ‘ eve i 7 worn + ‘ ~~ hafn. g S¥orn to subscribed Laura S. Moore a rT eo ° 7 y > 5 oe) . a a 0 ore le, VOlLLS Ve 13, 19349. eee eee - _— — G i Ralph S. Moore C. Ge Smith saietnieatssinace een pl oe moor i gna oat ne wee ooo coe ViLeCrx ouperior Court, — STATE OF NOR? \LINA, J LINA, COUNTY OF IREDELL IN THE SUPERIOR COURT THE FEDERAL LAND BANK oF COLUMBIA, Plaintiff, , JUDGMENT AND ie O. Ingram and if orem 4nd wile, Cora B. Ino agg » C Se Ingram os es Armfield, and Southern Bell. pnone and T } n I nd Telegraph Company Defendants, ORDER OF FORECLOSURE —_— << eee em ee THIS CAUSE coming / ent ion of the plaintiff, Judgment by default final upon its compla Court upon applicat The Federal Land Bank of Columbia, i 06 int and for want of an answer, and be 197 he court finds the following facts: heard, 1. That summons was duly issued in this cause on the 7th day of Sept. 1939, and has been served on all the de*endants herein more than thirty (40) days prior thereto and the complaint, duly verified, was filed herein, as required by a copy of which was duly served on all resident defendants; and the defendants, law, i except as hereinafter specifically set out, have neither answered nor demurred there- to and are now in default. 2. That this is an action based upon the breach of an express contract to pay absolutely a sum of money, fixed by the terms of the contract, to-wit, a note and mortgage, and to foreclose the mortgage; that on or about the 26th lay of March, nm 7 1918, the defendants G. 0. Ingram and wife, Cora B. Ingram executed and delivered to The Federal Land Bank of Columbia, the present owner and holder thereof, a certain promissory note in the amount of SIX HUNI and No/100 ($60.00) Dollars, providing for the payment of interest, ani payable as alleszed in the complaint, and a mortzaze of even date therewith, recorded in the office of t erister of Deeds for the County and State aforesaid, on the 27th day of March, 1918, in Book 7 at page \1 to which reference is made, and covering the lands described in the complaint, 4. That the facts alleged in the plaintiff's verified complaint are true as alleged, and the conditions of the mortgage have been broken and there are row due the plaintiff by the defendants named in the next succeeding paragraph the amounts allezed in the complaint, for which the plaintiff is entitled to judgment: It is therefore upon motion of plaintiff's attorneys, ORDERED ADJUDGED AND First: That the plaintiff, The Bederal Land Bank of Columbia recover of the mort ed property the principal sum of Five Hundred Seventy and 42/100 (9570.12) Dollars, with interest thereon from date of jud.ment until paid at the rave of six (6%) per centum per annum, together with the costs of this action. Second: That, unless the indebtedness herein adjudzed to be due the plaintiff, including the costs of this action, is paid immedistely, the lands described in the said mortgaze to the plaintiff be sold at public auction at the vourt House door in this County, on any Monday after advertising the property 4s hay i és nay Cats 4 hal Provided by law, and at such sale or resale The Federal Land Bank of Yol umbia shall be permitted to bid in order to protect its interest, and should it become the Purchaser, aft any taxes that may be owing on the lands foreclosed, ° me er the payment "8 Costs and necessary disbursements of this action, the amount of its bid shall be ” 4 Credited upon this judgment. Third: That the terms of sale shall be for cash; Fourth: That Robert A. Collier, be, and he hereby is, appointed Commiss~- loner of this Court to advertise and sell to the last and highest bidder therefor,, Ww pon the terms herein set forth, the mortgaged lands described in the complaint nerein and report his proceedinis hereunder with a complete Statement of his receipts and disbursements for further consideration and orders by this Court : NORTH CAROLINA; IN e Yr ‘a + ) that, unless the plaintiff becomes the purchaser, the Commissi Us sioner do require TREDELL COUNTY - the successful bidder to deposit with him ten (10%) per cent of the amount »: a Did m=) such deposit to be made either in cash or by certified check, as ‘ ; p, Jarvis > sii p s 9 3 . is evid o h B ’ aah ; ence of ._ =” plaintiff, Aad fo 4 h and + Y € Yn val +} > big atk Aa -} ‘ ood faith, and to be applied on tne 01 should there be a compliance with the JUDGMEN VUIsGiiha sd oe vs. ‘sful bidder fail to make such deposit immediately _ y mhey G. Ee Hugneys et we ee Defendante at the time of acceptance of his di 1, twnen the said premises sha] be resold - $ sna bY A a resold at suc bidder's risk on the same or upon some pubsequent dav to be destiznat ' , i 4 J O VU esi mnated by ) e Y ER coming on to ve heard, and ~ . < w , . > ss + . . 1 _, . - NA TTC Eh ymmissioner; however, sh vlad the successful bidder make the sald deposit THIS CAUS na tharanfter f's ‘ ~ wi«r wi t} ; = y — ¢, ‘ £ and deten jant ve compron set na ana LO Caivel i l EO co ply with he sa ; = id Wit out ust cause or legal plaintiff and de fen anv na co | smi 1 euse shown, then such deposit shall be forfeited to the plaintiff, and the of Court by bn defendant paying to © piain ‘ 1 . . rm . yr 1 — ¢ £5 11 ana compl rom ’ emises shall thareunon be resold aftan novi } s dvata ead ‘ (é 00) ©jllars in IuUld mG iy 1 . wlica wid UA IT © esO ] f i rocr if 2y) 7 Ty a r ¢ i »>L” J b Ld 2 . ’ on b resold, after having been auly 4 ivertised, upon the ($1500. j $ +h war aint “ay Ay wo same terms and at sucn purcni rie niek same a1h . oa . , and sfincs sev rth in Uf ym nu » ADS € ,E PM. ind a sucn pu cn Y ‘ 4 on sone sult sequent sales iay to be and thin N t ‘ , , CG, : E abel a proper release vo vune Gosvemm”s ’ y I . é “oO § ne 3 911 b Llowed an execu ea a Ppl I I j 4 ° 7 > me ove $n ‘ " 7 . . . e yw as or > : © 1 qr “ € * + ) a . " M3 1Sa Y ! services. $ ‘ f + : 4 P blo . “ a ¥ ] eA oR ) al lt Y } ‘ } . he @ ece f ] , > L u ii ‘ Apo! O e i premises all e right, title, a s ‘ 2 y t+ . to the vour at the plaint F ’ r t well as 1 persons Whol o the vourt t olaint ’ vel S j rson s 2 > + wit 4 e . eat + . ; nit ’ A ti i t the emi so or any part ar 1é§ s to suomi to a voiul yy Ho uit A I U } } ; ” 17\tt 7 WwNnNoOnN r tTior y 7 . é @ aeame here f van harred NOW , by ym motion o v ’ © y 9 Arrec vr , ? » 7 Y C Sede la nv . B | ” ‘ - ar + te srneahy WAY + aA mer eon +4 t 2543 y y 1a sai in the Cour 18 nerevuy, !- ~ n é i 4 thie & 4 ‘ »} y ) f ; : ena ; i anvent onion tn ction f xed she ULerKe - ) ‘ tn, Vi e yn @ VOTE 2 ‘ 1 £ 14 + "7 to xr Na KH , 19 ) B! »e 1 » 4 nan *he maheaaan anal. we Afi e 1(%) Ay O November, + e , € on é irc sn@ v in { Y f ‘ ’ * : , hall : wr a ce snais a 7 ? ‘ Y) » a i } : —e } a4 a ium 4 at ts of t “Ad eA ¥Y 2d ‘ + , me ; 4y consent: 4 Y v € ex ’ , mr , ‘ ‘ ¥ id e Cr Assioner's fees j all wi ee 8 ; NUL D, Jgarvis toa an ¢ 4 iin Yiainutr6~S™~®™SCtCi‘i—isS™SS t t 9 n) 14 C4 «wn be epre the ghtls* ‘4 MULid A. | J 4 + Cc ] > ‘ $ 4 : Ae Y nS ay tl ( t o @) lo Catt 1 s ! BlOUL vollier Tr £ ‘CQ ist t oy whe a , " ’ 1 whe Attorneva “Taw ~ maaan t shall be ixed the Commissioner and neluded neys 101 ndant Ly ‘ in rie cK ‘ty ‘ tan’ , , Al Rp } . - ge Cc f urchaser in whic! event no »” 1 red 4 an A Le event . Sout 4 “ , ¢ Yr AMAT } ‘ 1 a . j eement between the pnliaintiff and the defendant, tne vv” , ALLY 1 aliu vii A A s _ ae Bell ellen) . os i ; DI 1é ,i A nO + ‘ aase elerranh VYonnanv th , n+ to the pany, the lands shall be sold subject ‘ d richt rag a atiG. 2 1G O way that 4e i I vay I t ha anflan a ~ wm pe : hat the prior owmmers granted to the defendant the Southern ; Une 1C 1 ‘ g ve felephone and Telerrap} This ] th if f 4th day of Nov., 1939, Cc. G. Smith ~———F, Clerr or the superior Cour™s , Supe North Carolina, In the 3efore che Iredell County. D ore Roger G. Moore Princ Tpa Satawba, | F Ralph S. Moore CONFESSION OF JUDGMENT. a a ) Laura wv. , 1 | Pee VW a Sis : a Weti r duly sworn Ralph S. Moore, hofe1 Moore, Ralph S. Moore and Laura &. } ch being duly sor i: and Laura S. Moore. Rover Ge. mM - ’ rhe nt Ta nt ‘ass ,ur true an that the amount of a the fac.s st ated in the above c ; Y rhe ft Ss 2 Fessed is justly due Laura S$. Moors | the judgment conte {tled case, herevy confess judgment in favor of awoa, plaintiff, for $450.90, with interest thereon fro ai / um until paid, and do authorize the entry of rally sworn to and subscribea : ry of November, 1949. ev ne ne, this Nove 175 1939 fore ! says that as principal, and Koger G. Moore and ve y Dove eI e now justly due C So. Baers, hs eee he aysiSuperior court. money loaned t : Ulerk oupes-* ioore and Laura » which said Moo re i ; \ ; h y } 2 << + uw ré, 00! ore and Ralph S. Moore and Laure - r OL hereby confess ju ignent in Longe $l.00.00, with interest ape of until paid, and do authorize the entry 17th day of November, 1939- iene a confession of judgment is for a debt now justly due from Roger Pn, moore, aS principal, and Ralph 8. Moore and Laura S. Moore, a8 sureties, said plaintiff, arising from a note for borrowed money loaned to Roger G. =~ endorsed by Ralph §. Moore and Laura S, Moore whi ch said sum is due oer over and above all just demands that it has against US. Ko ger e +» Moore and Laura S. Moore are seco tawba, Wy é primarily liable and Ralph §s account of this judgment, ‘i « —— ——— NORTH CAROLINA, IN THE SUPERIOR COURT. IREDELL COUNTY. Board of Drainage Commissioners of Cabarrus County Drainage District No. 6 (Rocky River) via JUDGMENT AND ORDER C. 0. Cashion and wife Jennie B. OF Cashion, The Federal Land Bank of Columbia, S. C., Joe H. Robinson, Southern Securities, Inc. and W. H. Linker Estate, Jas. M. Linker, Adm'r. 4 : } ; Y y | FORECLOSURE. } This cause coming on to be heard before the undersigned Clerk of the Superior Court upon application of the plaintiff, for judgment by default fina) upon its complaint and for want of an answer, and being heard, the court finds the following facts: That summons was duly issued in this cause and has been served on all the defendants herein more than thirty (30) days prior hereto and the complaint, duly verified, was filed herein, as required by law, a copy of which was duly served on all the defendants, and none of the defendents have answered or demurred thereto and are now in default. That the defendants C. 0. Cashion and wife Jennie B. Cashion are indebted to the plaintiff for drainage assessments properly assessed and levied against the lands described in the complaint in the amount of $813.92 plus interest at 6% from October 10, 1939, together with tosts. It is therefore considered, ordered and adjudged by the Court, upon motion of Crowell & Crowell, Attorneys for the plaintiff, that the plaintiff Board of Drainage Commissioners of Cabarrus County Drainage District No. 6 re- cover of the defendants C. 0. Cashion and wife Jennie B. Cashion the sug of $813.92 with interest thereon from October 10th, 1939 until paid, together with the costs of this action. That unless the indebtedness herein adjudged to be due the plaintiff, including the costs of this action, is paid within ten days from the date of te signing of this judgment, the lands described in the complaint be sold at public auction at the Court House door in Iredell County on any Monday after advertisizs the property as provided by law. That the terms of said sale shall be for cash. That J. L. Crowell, Jr., be and he is hereby appointed Commissioner of this Court to advertise and sell to the last and highest bidder therefor, ¥? . ber terms herein set forth, the lands described in the complaint of the plaintiff and report his proceedinzs to this court. Tha ranownt t the judgment herein is hereby declared to be a first and pe ip second only to state and county taxes, upon the 16.77 acres of land aescrived the complaint. 203 n the sale of said premises all the right, title and interest and and that upo equity of redemption of the defendants, as well as all persons whomsoever claiming by through or under the same in and to the premises or any part thereof herein ’ ordered to That upon the confirmation of the sale of said lands by the Court, the be sold, be and the same are hereby forever barried and foreclosed. terms shall be immediately complied with, whereupon the Commissioner shall make | title to the purchaser in fee, and thereupon the purchaser shall be put into possession of the said premises, and the proceeds of sale, after paying the costs of this action, the expenses of sale, including the Commissioner's fee, and all unpaid taxes against the property, shall be applied first toward the satisfaction of this judgment in favor of the plaintiff, and the surplus, if any, shall be paid into this Court for the benefit of the persons entitled thereto. | This the 22nd day of January, 19,0. C. G. Smith “Clerk Superior court for Iredell County, North Carolina. Yorth Caroline, Iredell County. The Federal Farm Mortgage Corporation Against Judgment of Non-Suit. oo eS << Will Davidson and wife, Celia Davidson This cause coming on before the undersigned Clerk of the Superior Court, and it appearing to the court that the parties have settled the matters and differences between themselves and that no legal or equitable issue exists between them and the plaintiff, through its counsel now moving before this court for 4 judgment of voluntary non-suit. It is therefore ordered and decreed that plaintiff's action be dismissed by non-suit, January 26th, 190. C. G. Smith —Ulerk oT the Superior Court. > * % PEt eee c vce ncndeesesesesennrertteee i ‘ & 204 Fall Term, 1949 OLINA NORTH CAR No. 378 Iredell County SUPREME COURT VS. JUDGMENT ) Robert Freeman Cc. W. Thompson 4 This cause came on to be argued upon the transcript of the record from ty Superior Court of Iredell County:- upon consideration whereof, this Court 4g o 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 9 of the Court, as delivered by the Honorable Heriot Clarkson, Justice, be¢ to the said Superior Court, to the intent that the Judgment is Reversed, Pinion ertifix And it is considered and adjudged further, that the plaintiff do pay the of the appeal in this Court incurred, to-wit, the sum of two 70/100 dollars ($2.70) and execution issue therefor. Costs A True Copy: Edward Murray Clerk of the Supreme Court % 4 4 ct ot 4 te ee tt te Oe Ot % % co tt tt Ub 4 te fe ft tb tt te Hey NORTH CAROLINA 4 Fall Term, 1939 SUPREME COURT } No. 38) Iredell County. D. Le Raymer, Adm'r C.T.A. of the Estate of W. D. McLelland, dec'd, et al VS. Carrie Elliott McLelland, individually and Carrie Elliott McLelland, Extrx of the Estate of W. ¥. McLelland, et al JUDGMENT oS So This cause came on to be argued upon the transcript of the record 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 M. V. Barnhill, Justice, be certified to the said Superior Court, to the intent that the Judgment is Keversed. And it is considered and adjudged further, that the plain tiff do pay the costs of the appeal in this Court incurred, to-wit, the sum of sixty-three 45/100 dollars ($63.35), and execution issue therefor. A True Copy: Edward Murra erx oO e Supreme Courl. ait *% % % + % 4% +e % % tH te Ot eee eee eee ee etter NORTH CAROLINA 4 Fall Term, 1939 SUPREME COURT. No. 387 Iredell County: Nellie Virginia Holland ) vs. ( JUDGMENT Mrs. M. Me Strader & W. 0. Mayes } rom the This cause came on to be ar cord f sued upon the transcript of the re of Superior Court of Iredell County:- wate cenianeenee wnerect > this court ft cx opinion that there is no error in the record and proceedings of said Sup? It is, therefore, considered and adiud ) ed by the Court here, re _ Yourt, as delivered by the henrehie't. . Devis, Justice, be e Superior Court, to the intent that the Judgment is affirmed. to And it is considered and adjud + & surety ged further, that the Defendan appeal bond, Fidelity & Deposit Co. of Mayylend, do pay the costs ° ) in this Court incurred, to-wit 4011878 ($26 | and execution issue therefor, the sum of twanty-six 10/100 A True Copy: Edward Murra erk of the * IN THE SUPERIOR COURT 205 FIRST WEEK - JANUARY TERM 190 MONDAY, JANUARY 29th, 190 IN THE SUPERIOR COURT, JANUARY TERM, 190. Be it remembered that & County Superior Court was begun and held in and for the County and State aforesaid at the courthouse in Statesville, N. 6. on this the agth day of January, 1940, at 10:00 o'clock A.M., when and where His Honor, F. Donald phillips, Judge Presiding over the Courts in this the Fifteenth Judicial pistrict, Spring Term, 19.0, is present and presiding, and the Honorable Charles Lb. Coggins Solicitor and Prosecuting Attorney in this the Fifteenth Judicial District, is present and prosecuting in the name of the State, and John White Moore, High Shefiff of Iredell County, is present and opened Court by order of the Court. | John White Moore, High Sheriff of Iredell County returns into open Court the names of the following good and lawful men to serve as jurors for this the January Term, 190, Iredell Superior Court - and for a Grand Jury to serve for @ “4x Months period, ending June 30th, 1940, as follows, to-wit: | J. A. Christie James H. Gabriel J. Clyde Sherrill Hal W. Clarke . J. A. Chandler J. I. Ostwalt M. H. Belk Harry P. Tsumas . J. Me Lynn Clarence Redman C. L. Moore J. P. Patterson W. B. Crawford Earl Holland Henry kK. Morrison W. L. Cutting J. Be Mayes W. W. Hartness JA. F. McKay George W. Dotson | j/H. W. Murdock M. C. Hill E. E. Collins J. B. Levan J. Me Stevenson A. P. Houston T. Be Wallace Carl D. Watts BE. M. Ervin . Fred L. Houpe R. E. Milholland H. G. Windsor I. L. Clodfelter J. O. Sherrill Claude L. Gilbert J. K. Holland The following men were duly drawn and sworn to serve as the Grand Jury for the Six Months period ending June 30th, 190, as follows, to-wit: J. P. Patterson, Foreman Henry R. Morrison George W. Dotson C. Le Moore A. P. Houston Harry P. Tsumas J. K. Holland E. E. Collins R. E. Milholland Hal W. Clark Je I. Ostwalt J. Be Mayes ¥. W. Hartness J. B. Levan T. B. Wallace Cer] D, Watts H. M. Belk J. A. Christie The following men were duly sworn to serve as the Petit Jury for this the First Week of the January Term, 1940, Superior Court of Iredell County, to-wit: J. A. Chandler I. L. Clodfelter J. O. Sherrill Je Ms Lynn Earl Holland J. Clyde Sherrill J. Me Stevenson mM. C. Hill Claude L. Gilbert EM. Ervin Clarence Redman W. B. Crawford, H. W. Murdock, A. F. McKay and H. G. Windsor were excused n @count of sickness. James H. Gabriel, not in State; W. L. Cutting, not in County. Pred L. Houpe, excused by Court on account of hearing. Noe 42 State vs Lee F. Blevins No. i State vs Hoyt M. Lippard . No. 52 State vs Samuel Hiatt No. 58 State vs Robert Hurt Nos. 63 & 64 State vs F, E. Carver No. 69 State vs Thomas Wm. Chandler No. 80 State vs Andy Moose No. 92 State vs Glenn Privette No. 95 State vs Jimmie Campbell No. 102 State vs Mary McDonald ee a SoS <> Soo SoS IN THE SUPERIOR COURT FIRST WEEK - JANUARY TERM, 190 MONDAY, JANUARY 29th, 190. A.W.D.W. WITH INTENT TO KILL. Alias Instanter Capias. PROBATION CASE. Continued under former orders, PROBATION CASE. Continued under former orders. NON COMPLIANCE WITH COURT ORDERS. Alias Instanter Capias. FORGERY: and GIVING WORTHLESS CHECK. Alias Instanter Capiag. NON COMPLIANCE WITH COURT ORDERS. Alias Instanter Capias. PROBATION CASE. Continued under former orders. NCN COMPLIANCE WITH COURT ORDERS. Alias Instanter Capias. NON COMPLIANCE WITH COURT ORDERS. Alias Instanter Capias, DISTURBING RELIGIOUS WORSHIP. Continued under former orders, No. 103 State ap. Wilhelm / Noe 105 State vs Felton Dalton ( No. 107 Dtate vs Buck Brown No. 130 State vs Charlie Daniel No. 131 State vs Eugene Johnson / No. 132 State vs Howard Pruette No. 155 State vs 8. B. Johnson v Wo. 156 State vs Wilmer Harris Nos, tere 175, 176 vs Archie Seagraves | No. 188 State , etc. vs Donald 4, Troutman o—— So -—o—a<— IN THE SUPERIOR COURT FIRST WEEK - JANUARY TERM 190 MONDAY, JANUARY 29th, 190 PROBATION CASE. Continued under PROBATION CASE. Continued under @BOMPLIANCE WITH Continued under PROBATION CASE. Continued under PROBATION CASE. Continued under PROBATION CASE. Continued under PROBATION CASE. Continued under COMPLIANCE WITH Defendant given T. & P. L. FOR SALE: Alias Instanter PROBATION CASE. Continued under former orders. former orders. former orders. COURT ORDERS. former orders. former orders. former orders. former orders. former orders. COURT ORDERS. 207 until May Term, 1940 to pay balance of cost. Capias. DRIVING DRUNK: HIT & RUN DRIVING. No. 19) State vs Kobert Troutman No. 196 State vs Kenneth Gibson No 2 99 State vs Paul Beaver Noe 200 State vs DeWitt McCurry No. 203 State vs Mack Bustle Noe 205 State vs Frank W. Long No. 211 State vs C. C. Brooks No. 216 State vs Eugene Gray No. 237 State vs Perry M. Ostwalt IN THE SUPERIOR CouRT FIRST WEEK -- JANUARY TER! 19h0 MONDAY, JANUARY 29th, 190 IN THE SUPERIOR couRT, FIRST WEEK - JANUARY TERM, 190 MONDAY, JANUARY 29th, 190 PROBATION CASE. Continued under former orders, PROBATION CASE. Continued under former orders. PROBATION CASE. Continued under former orders, BREAKING, ENTERING & LARCENY. Continued until the May Term, 190. ABANDONMENT & NON SUPPORT. Alias Instanter Capias. YORGERY Alias Instanter PROBATION CASE, Continued under { TAXPAID LIQUOR FOR SALE AND DID SELL. gment Alias Instanter Capias. Clerk to issue Instenter “@ as ordered last term. DRIVING DRUNK, It is ordered that this case be and the same is hereby redell County Recorder's Court. Counsel for States that this case was appealed thro tted that the defendant now wishes to be wa oy in its discretion permits th wt & request and remands the same to Recorder's a for Judgment . { NO» 205 State vs / { No. 223 State vs Joseph Smith, alias Ernest Summers { No. 230 State vs Clay Bennett / No. 232 State vs Burette Hedrick ( No. 133 State vs Hubert Sherrill Y No. 230 State vs Clay Bennett v No, 23] tate vs Clay Bennett BOND. Sci Fa continued until May Term, 190, OBTAIN MONEY UNDER FALSE PRETENSE. The defendant pleads Guilty. Judgment of the Court is that the defendant be confined in the common jail of Iredell County for a period of FOUR MONTHS and be assigned to work on the roads under the supervision and direction of the State Highway and Public Works Commission as provided by law. A.W.D.W. WITH INTENT TO KILL, A TRUE BILL. A.W.D.W. WITH INTENT TO KILL. A TRUE BILL. ABANDONMENT & NON SUPPORT OF HIS MINOR CHILD. Prayer for judgment is continued until the August Term, 190, Iredell Superior Court. A.W.D.W. WITH INTENT TO KILL. The defendant pleads Guilty of ASSAULT WITH DEADLY WEAPON which plea the State accepts. Let the defendant be confined in the common jail of Iredell County for a period of TWO YEARS and be assimged to work on the roads ander the supervision of the State Highway and Public Works Commission. This sentence to run concurrent with the prison sentence imposed in Case #231 below. A.W.D.W. WITH INTENT TO KILL. The defendant pleads Not Guilty. The following jury: J. A. Chandler, J. M. Lynn, B. M. Ervin, J. M. Stevenson, I. Le. Clodfelter, Earl Holland, M. C. Hill, J. O. Sherrill, J. Clyde Sherrill, Claude L. Gilbert, Clarence Redman and Fred Sills, being duly sworn and empanelled, answer and say they find the defendant, Clay Bennett GUILTY OF ASSAULT WITH DEADLY WEAPON WITH INTENT TO KILL as charged in the Bill of Indictment. da in It is judgment of the Court that the defendant be confine the State's Central Prison at Raleigh for a period of NOT LESS THAN TWO YEARS NOR MORE THAN FOUR YEARS, to wear stripes and to do hard labor. The weapon used by the defendant in this assault, to-wit, a 22-rifte, with the consent of the defendant, Clay Bennett, is harided to the Gheriff, and he is ordered by the Court to totally destroy the same as provided by law. IN THE SUPERIOR COURT FIRST WEEK # JANUARY TERM 190 IN THE SUPERIOR COURT 11 MONDAY, JANUARY 29th, 190 FIRST WEEK - JANUARY TERM, 19)0 MONDAY, JANUARY 29th, 190 ( No. 232 be¥+BsBs ee te, ae at io. 228 } BREAKING, ENTERING & LARCENY. tate e defendan enders a plea o sTY OF AS . Oe SF The defendant tenders a plea of GUILTY OF R vs ) DEADLY WEAPON, which plea the Solicitor accener mH state GOODS KNOWING THE SAME "6 HAVE BEEN STOLEN, which plea the Burette Hedrick ) v8 gdward Mills } Solicitor accepts. : Let the defendant be confined in the common jaii of 1 Jones a County for a period of TWELVE MONTHS and be assigned Tede]) Open for Judgment until January 30th, 190. on the roads under the supervision and direction of Bas Wr ( + Highway and Public Works Commission. he Ste " The weapon used by the defendant in the assault in th to-wit, a 12-guage shot-gun, is placed in the hands tn 22 ) ,BREAKING, ENTERING & LARCENY. . Sheriff, with the consent of the defendant, and the she . » 9 { The defendant tenders a plea of GUILTY OF RECEIVING STOLEN ae is ordered to totally destroy said gun as provided by Im, =" } GOODS KNOWING THE SAME TO HAVE BEEN STOLEN, WHICH plea the Argalie Scott § Solfcitor accepts. Open for Judgment until January 30th, 19,0. No. 22) } LARCENY & RECEIVING. State } ( vs ) A TRUE BILL. | ! Bill Harris ) wo. 22h } LARCENY & RECEIVING (an Automobile) | state )} The defendant pleads Not Guilty. ) ot | After hearing the State's evidence in this case the Solicitor takes a Nol Pros With Leave in this case and remands the ) BREAKING,& ENTERING AND LARCENY & RECEIVING. original warrant to Iredell County Recorder's Court for — trial. Defendant required to give a $500.00 Justified Bond re for his appearance in the Iredell Recorder's Court on Friday, Jones Edward Mills A TRUE BILL. February 2nd, 190 at 10:00 A.M.. ) vs pill Harris NOS. 225, 228, 229 Andrew King Argalia Scott ( i! los. 235 & 235 FORGERY. : No. 22 } DRIVING DRUNK. a ) A TRUE BILL. f State ) The defendant, through his attorney, ff. Q. Alexander of Carston Chappell q . vs ) Kannapolis, pleads GUILTY. Vance Heath } | Charlie Greene ) It is judgment of the Court that the defendant be confined in the common jail of Iredell County and be assigned to Vv work on the roads under the supervision and direction of the State Hichway and Public Works Commission for @ period Nos. 24, 236 } FORGERY. of NINETY DAYS, but this sentenée is suspended for a perid State } of Two Years on the following expressed conditions: vs } A TRUE BILL. 1. That the defendant shall, at this term of Court, Carston Chappell pay into the office of the Clerk of this Court Vance Heath q a Fine of $50.00 and the cost. 2. That the defendant's drivers License heretofore issued by the State of North Carolina be, and the / same is hereby revoked for a period of Twelve at i a 233 & 235 )} FORGERY. . at the defendant shall remain of good behavior: ate ) If it shall be made to appear to this Court within @ — vs ) Continued for the defendant, Carston Chappell, by consents of Two years from this date that the defendant has viols! : Carston Chappell } until the May Term, 1940. All witnessed tre 190 without any of the conditions afon which this sentence is suspe Vance Heath ) appear in this Court to testify at the May term, Instanter Capias and Committment shall immediately is# having to be re-subpoensed. to put the aforesaid road sentence into effeck. / ( Nos, 23) & 236 | State » ENTERING AND LARCENY & RECEIVING. + a Continued for the defendant, Carston Chappell, by a A TRUE BILL Carston Cha 0. All witnesses are ordered to Shirley Huffman , ppell } until the May Term, 1940. 0, without Artell Nanny Vance Heath } appear in re oars = aaerert at the May Term, 190, having to be re-subpo . \ V No. 22§ State AREAKING, ENTERING %& LARCENY State? | JUDGMENT ABSDLUTE ON BOND. i si ) nt pleads Guilty. vs It is ordered and adjuiged by the Court that Judgment Final 8 this } Open for judgment until Tuesday, January 30th, 1940 Bd. Wooten ) be, and the same is hereby entered, against the bond in and the Tar Heel Bond Co. case with Ed. Wooten as Principal, sum of SEVEN of Salisbury, N. C., Surety, for the Principal HUNDRED FIFTY and no/100 D@LLARS ($750.00) sogrenee with all cost in connection with the forfeiture and Sc ° IN THE SUPERIOR COURT FIRST WEEK - JANUARY TERM, 190 IN THE SUPERIOR COURT MONDAY, JANUARY 29th, 190 213 PIRST WEEK - JANUARY TERM, 190 TUESDAY, JANUARY 30th, 190 No. 249 {| BREAKING, ENTERING & LARCENY. State The defendant pleads Guilty. esi vs This Honorable Court convenes according to adjournmmt on T a Shirley Huffman } Open for judgment until January 30th, 190, ‘ alah ean i * No. 2h0 ) BREAKING, ENTERIN / Oe ING, G & LARCENY. State § The defendant, through his attorne | BREAKING, ERBERING & LANCE? y, Zeb. V. Turl No. 227 : , aa } pleads Guilty. : ington, state The defendant pleads Not Guilty. Artell Nanny } vs Aaa Open for judgment until January 30th ter Coy Robertson) The following jury: J. A. Chandler, J. M. Lynn, J. M. St : y 30th, 190, Les E. M. Ervin, I. L. Clodfelter, Farl Holland, M. C. Hill, Je O.- l Sherrill, J. Clyde Sherrill, Claude L. Gilbert, Clarence 1 Redmond and Fred Sills were duly sworn and empanelled. ) At the close of the State's evidence the Court directs a verdict of NOT GUILTY and dismisses the defendant. { ef No. 226 } BREAKING, ENTERING & LARCENY. State The defendant pleads Guilty. vs This Honorable Court takes recess until T a ; Argalia Scott } Let the defendant be confined in State's Central ‘rison, at vai? oe ay Morning, January 30th, Raleigh, at hard labor, to wear stripes, for a period of ) ' 190 at 9:30 o'clock A.M.. AT’ NOT LESS THAN FIVE YEARS NOR MORE THAN TEN YEARS. , y a. rs ' : ae rae iti } ca Wrrelol 2 Desir . : No. 229 BREAKING, ENTERING & LARCENY. 4 State a" vs ) Let the defendant be confined in State's Central Prison at Y Argalia Scott ) Raleigh, at hard labor, to wear stripes, for a period of ! NOT LESS THAN FIVE YEARS NOR MORE THAN TEN YEARS, this sentence to begin at the expiration of the sentence imposed in Case No. 226. / —— RECEIVING STOLEN PROPERTY KNOWING SAME TO HAVE BEEN STOLEN. ate v8 ) Let the defendant be confined in Stace's Central Prison at Andrew King } Raleigh, at hard labor, to wear stripes, for a period of NOT LESS THAN TWO YEARS NOR MORE THAN FOUR YEARS. ¥ a t RECEIVING STOLEN PROPERTY KNOWING SAME TO HAVE BEEN STOLEN. toe } Let the defendant be confined in State's Central Prison, at : ones Edward Mills } Raleigh, at hard labor, to wear stripes, for & period of NOT LESS THAN TWO YEARS NOR MORE THAN FOUR YEARS. V 2 HAVING CARNAL KNOWLEDGE OF GIRL OVER TWELVE YEARS BUT UNDER o" SIXTEEN YEARS OF AGE. James Scott } A TRUE BILL. i No. tee ) HAVING CARNAL KNOWLEDGE OF GIRL OVER TWELVE YEARS OF AGE BUT vs UNDER SIXTEEN YEARS OF AGE. q ames Scott } Continued for the defendant until the May Terms 190. All ithout being witnesses are ordered to return at the May Term W re-subpoenaed. © - a eed Noe 217 State vs N. E. Carver No. 248 State vs Jack Witherspoon ' ) : } IN THE SUPERIOR COURT FIRST WEEK - JANUARY TERM, 190 TUESDAY, JANUARY 30th, 190 TRANSPORT & POSSESS UNTAXPAID LIQUOR FOR SALE. The defendant, through his attorney, C. M. Lewellyn, pj Not Guilty. » Pieads The following jury: J. A. Chandler, J. M. Lynn, J. m, Stevenson, E. M. Ervin, T. 0. Ervin, Earl Holland, mw, ¢ Hill, Fred Sills, J. 0. Sherrill, J. Clyde Sherrill, cig L. Gilbert and Clarence Redman, being duly sworn, for verdict says it finds the defendant, N. E. Carver, GuILty OF TRANSPORTING AND POSSESSING UNTAXPAID LIQUOR FOR TER PURPOSE OF SALE as charged in the bill of indictment, On the count for unlawful Transportation of Intoxicati Liquor - Let the defendant be confined in the common sal of Iredell County and be assigned to work under the super. vision and direction of the State Highway and Public Works Commission for a period of SIX MONTHS. On the count for unlawful Possession of Intoxicating Liquor for sale - Let the defendant be confined in the common ja!) of Iredell County and be assigned to work under the super- vision end direction of the State Highway and Public Works Commission for a period of TWELVE MONTHS. The prison sentence on the second count is suspended for two years on the following expressed conditions: 1. The defendant shall be and remain of good behavior, 2, That he shall not violate any of the prohibition laws of the State of North Carolina. If it shall be made to appear to the Court at any time with- in said two year period that the de!endant has violated any of the conditions upon which the prison sentence is suspende Instanter Capias and committment shall be issued to put the road sentence into effect. MUKDER. The Grand Jury in a body, the Foreman and fifteen members being present, return to open Court while Court was in session, and presented the following Bill of Indictment charging one Jack Witherspoon with the capital offense of MURDER, in words and figures as follows: "STATE OF NORTH CARODINA IREDELL COUNTY. SUPERIOR COURT January Term, 1940 THE JURORS FOR THE STATE UPON THEIR OATH PRESENT: That Jack Witherspoon late of the County of Iredell, on the 5t 9 of Novenber, A.D. 1939, with force and arms, at and in the said County, unlawfully, wilfully, feloniously, and of his malice aforethought, did kill and murder John Evens contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State. Coggin Sercrtor” "No. 238 STATE vs _.._._._ sack Witherspoon INDICTMENT MURDER WITNESS J. &S. Nesbit xX He. Ne. Poston Dr. W. D. McLelland Marvin Works Those marked X sworn by the un- dersigned foreman, and examined pefore the Grand Jury, and this bill found A TRUE BILL J. P, Patterson Foreman of the Orand Jury. ae ( Noe 23 state jonston Greenhill grover Starnes glenn Smith / Yo. 239 state v8 shirley Huffman No. 20 State v8 Artell Nanny ( Yo, 22) tate vs Bill Harris ( No, 22h State vs Bill Harris No. 2h State 3 vs Jomston Greenhill Grover Starnes Glenn Smith FIRST WEEK - JANUARY TERM 190 915 TUESDAY, JANUARY 30th, 19{0 | ——erOo SS IN THE SUPERIOR COURT POSSESS ILLEGAL SLOT MACHINES FOR THE PURPOSE OF OPERATION. A TRUE BILL. BREAKING, ENTERING & LARCENY. Prayer for judgment is continued, and the defendant is hereby placed on probation for a period of Three Years under the supervision of the North Carolina Probation Commission and 4ts officers, subject to the provisions of the laws of this State and the rules and orders of said Commission, with leave that Judgment might be prayed at any subsequent term of court during the period of probation, and that the defendant pay the cost of this case by the May Term, 190. BREAKING, ENTERING & LARCENY. Prayer for judgment is continued, and the defendant is hereby placed on probation for a period of Three Years under the supervision of the North Carolina Probation Comnission and 4ts officers, subject to the provisions of the laws of this State and the rules and orders of said VYommission, with leave that Judgment might be prayed st any subsequent term of Court during the period of probation, and that the defendant pay the cost of this case by the May Term, 190. LARCENY OF AUTOMOBILE. Upon motion of the Solicitor this case is restored to trial docket. LARCENY OF AUTOMOBILE.” The defendant tenders s plea of GUILTY Ol which plea the State accepts. TEMPORARY LARCENY, Let the defendant be confined in the common jail of Iredell County and assigned to work under the supervision and direction of the State Highway and Public Works Commission for a period of SIXTY DAYS. POSSESSING ILLEGAL SLOT MACHINES FOR THE PURPOSE OF OPERATION Upon the Plea in Abatement entered by the defendant as to the jurisdiétion of this Court in this case, it appearing rent = Mooresville Recorder's Court has original final jurisd : woe in this matter, the Bill of Indictment and all peoncee 5208 and served in this case are transferred to the mooreeys - Recorders Court at Mooresville, N- CG. there to be dealt w according to law. them, shall It 1s ordered that the defendants, and each of ’ give a $500.00 Justified Bond (each) for their appearance at the next session of said Mooresville Recorder's : ° Said bonds to be approved by the Clerk of this Court. Be IN THE SUPERIOR COURT IN THE SUPERIOR COURT FIRST WEEK - JANUARY TERM, 190 217 FIRST WEEK - JANUARY TERM, 190 TUESDAY, JANUARY 30th, 190 TUESDAY, JANUARY 30th, 190 / / ) DRIVING DRUNK. ee No. 202 ) The defendant tenders a plea of Nolo Contendere. No. 238 } MURDER. state 4 | State ) The defendant, through his counsel, Z. V. Turlington, vs ) Upon motion of the defendant and by his consent, prayer } vs ) tenders a plea of GUILTY OF ASSAULT WITH A DEADLY weapoy gam Sykes for judgment is continued for a period of Eighteen Months e | Jack Witherspoon } which plea the State accepts. ' upon the following express conditions: F j 1. That at this term of Court he pay into the office P i Upon motion of, and with the consent of, the defendant of the Clerk Superior Court, a fine of $50.00 and 4 and his attorney, Prayer for judgment is continued for ¢ the cost. period of Two Years on the following expressed conditions. 2. That the defendant's driver's license heretofore i 1. That at this term of Court the defendant shal) pay {issued by the State be, and the same is hereby 1} into the office of the Clerk of this Court the revoked for a period of 12 months from the rising hospital and Doctor bill for John Evans, and pay of this Court. ra ‘a the cost of this action. 3, That the defendant be of general good behavior. 4 b 2. That the defendant shall remain of general good behavior. If it shall be made to appear to the Court at any time The Solicitor is requested not to pray judgment if the within said 18 months that the defendant has violated any defendant does not violate the terms and conditions upon of the conditions upon which the prayer for judgment is which this judgment is continued, but if the defendant continued, the Solicitor for the State is directed to pray shall violate any of the conditions of this judgment then the judgment of the Court. the Solicitor is directed to pray the judgment of the Court : at any time within said two year period. al | No. } BOND. : : State } i vs ) It is ordered that judgment final on the bond in this | Dilliard Phifer, Jr. } matter, heretofore entered, be, and the same is hereby | ) Principal, and } discharged upon payment of cost of Sci Fa and all Gost This Honorable Court takes recess until Monday Morning, February 5th, ! He Le. Childers, Surety for a11 process issued in regard thereto. f | ) 190 at 10:00 o'clock. ~k= ~~. . } { 7 f Poe O/ Vong ke VV Ee { No. BOND. o— JUDE PRESIDING State vs ) It is ordered that Judgment Nisi, heretofore ordered Jimmie Campbell, Prin. } be, and the same is hereby stricken out and the bondsmen ) ) es S and Isom Campbell] and are hereby forever released of any liability by reason Z. C. Mitchell, Surety ) of their signing the bond in this case. No. State vs Archie Seagraves, Prin. and Nettie L. Williams, BOND. It is ordered and adjudged by the Court that Judgaent Fix be, and the same is hereby entered, against the bond ; this case with Archie Seagraves, Principal and Nettie lL. Coco SoS Surety Williams, Surety for the Principal Sum of $750.00 agit with all cost in connection with the Nisi Sei Fa 7; - forfeiture. It is further ordered’ that execution +s immediately. 1 ; . No. BOND. State It is ordered and adjudged by the Court that Judgnent pf Final be, and the same is hereby entered against 7 putt in this case with Mack Bustle, Principal and L. He i. Surety, for the Principal Sum of $200.00 together "festut all cost in connection with the Nisi Sci Fa and ve Execution not to issue except by order of the Or Mack Bustle, Prin. and } ( vs ) } Le He Bustle, Surety 4 REPORT OF THE GRAND JURY We, the Grand Ju assed a resentments brought before us, TY» passed on all bills of indictment and P At the suggestion of the Court, due to i 4 vestigation nclement weather, 4n of all County Institutions is postponed until the Mag Term of Court. Respectfully submitted, J. P, Patterson J. P. Patterson, roreman of the Grand Jury — ee a. IN THE SUPERIOR COURT SECOND WEEK - JANUARY TERM, 190 MONDAY, BEBRUARY 5th, 190 This Honorable Court convenes according to adjournment on Monday, February 5th, 1940 at 10:00 o'clock A.M. J. W. Moore, High Sheriff of “redell County, returns into open Court the names of the following good and lawful men to serve as jurors for this the January Term, 1940, Iredell Superior Court, to-wit: Allen Morrow Je A. McLelland .B..M. Redmond J. R. Cashion J. H. Adams R. C. Bell Bristol Robertson J. S. Fleming R. A. Brawley Le O. Mayes Henry Martin Frank L. Johnson T. V. Sherrill J. G. Wooten J. P. Winters H. C. Elam S. B. Brawley J. A. Collins J. S. Moore R. Clayton Cartner R. B. Fleming J. F. Stinson L. F. Warren C. L. Speaks R. C. Bell, J. S. Moore, J. S. Fleming, and Frank L. Johnson are excused on account of sickness. H. C. Elam resides oub of Iredell County. J. R. Cashion, Excused by the Court. The following jury constitutes what shall hereinafter be termed the "Divorce Jury" viz: Allen Moprow, J. H. Adams, R. A. Brawley, T. V. Sherrill, J. A. McLellani, J. G. Wooten, J. A. Yollins, J. F. Stinson, B. M. Redmond, Bristol Henderson, Henry Martin and J. P. Winters. No. 173 ) DIVORCE. Frank M. Isenhour ) vs ) The "Divorce Jury" being duly sworn and empanelled, answers Connie S. Isenhour } the issues submitted to it as follows: North Carolina, In the Superior Court, Iredell County. January Term, 190 Frank Marshall Isenhour ) " -Ve- ISSUES 4 Connie Shoemaker Isenhour 1. Did the plaintiff and defendant intermarry, end are they now man snd wife, as alleged in the complaint? Answer: Yes. 2. Did the defendant ab th tiff and Pe 2 abandon the plaintiff, and has the plain separste and apart from each other for more than two years ” prior to the commencement of this action, as alleged in the complaint? Answer: Yes. is 3. Has the plaintiff been a bonifid State of North for more than two years imm ns © resident of the “tabs tion, * alleged in the complaint? edtately prior to the commencement of this 8° Answer: Yes. “O- -—O=- <«O= IN THE SUPERIOR COURT 919 SECOND WEEK - JANUARY TERM, 190 : MONDAY, FEBRUARY 5th, 19)0 In the Superior Court, yorth Carolina, tredell Countys January Term, 190 Frank Marshall Isenhour ) -V8- } JUDGMENT Ab. Connie Shoemaker Isenhour } A! This cause coming on to be heard and being heard at this Term of the | Superior Court of Iredell County, North Carolina, before His Honor, F. Donald phillips, Judge Presiding, and a jury, and the jury having answered the issues suomitted to it by the Court in favor of the Plaintiff and against the Defendant, as set out in the record: It is, therefore, ordered and adjudged by the Court tiat the bonds of matrimony heretofore existing between the plaintiff and defendant, be, and the same'are hereby disolved, and the plaintiff is granted an absolute divorce from the defendant. F. Donald Phillips Judge Presiding. CORREA EHR ES m 3b % te tt Ot / os 7h } DIVORCE. Addie Mayhew 4§ | v8 : ) The "Divorce Jury" being duly sworn and empanelled, answers the ‘ Cecil Mayhew issues submitted to it as follows: North Carolina, In the Superior Court, Iredell County. Addie Mayhew January Term, 19,0 } ve ) saausgs 4 4 Cecil Mayhew ad nif lL. Did the plaintiff and defendant intermarry, and are they now man an ®, @8 alleged in the complaint? Answer: Yes. tiff and 2. Did the defendant abandon the plaintiff, and has the plain rendant lived separate ond apart from each other for more than two years next Prior to the commencement of this action, as alleged in the complaint? Answer: Yes. f North 3» Has the plaintiff been a bonifide resident of the State o ike for mre ‘nae two years 4mmediately prior to the commencement of ' 88 alleged in the complaint? Caroling &tion Answer: Yes, — a > $e IN THE SUPERIOR COURT SECOND WEEK - JANUARY TERM, 190 MONDAY, FEBRUARY 5th, 190 North Carolina, In the Superior Court, 1 Iredell County. January Term, 19,0 Addie Mayhew ) vs } JUDGMENT Cecil Mayhew ) This cause coming on to be heard and being heard at this Term of the Superior Court of Iredell County, North Carolina, before His Honor, F. Donald Phillips, Judze “residing, and a jury, and the jury having answered the issues submitted to it by the Court in favor of the plaintiff and against the defendant, 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 the same are hereby disolved, and the plaintiff is granted an absolute divorce from the defendant. _____——sC*#Fw.:~« Donald Phillips Judge Presiding eee ee ea RR No. 17h5 } DIVORCE George Frink } vs ) The "Divorce Jury" being duly sworn and empanelled, answers the Veitha Frink ) issues submitted to it as follows: NORTH CAROLINA IN THE SUPERIOR COURT IREDELL COUNTY George Frink, Plaintiff, vs. 4 ISSUES Veitha Frink, Defendant. ) L. Were plaintiff and defendant married as alle sed in complaint: Answer: Yes. 2. Has plaintiff residef in North C ear rol sriod of one ¥ next preceding the filing of the complaint? arolina for a per Answer: Yes. 5- Have plaintiff and defenda r two successive years, as alleged in the — lived separate and apart fo mplaint? Answer: Yes. 4. Did the separation oc antif?, an cur without of the ple a by mutual consent of the plaintiff and defenden t? or Answer: Yes. IN THE SUPERIOR COURT MONDAY, FEBRUARY 5th, 190 ptt! IREDELL COUNTY george Frink, Plaintiff, v8. 4 JUDGMENT yeitha Frink, Defendant. q This cause coming on to be heard, and being heard at the January, 190, term of Iredell County Superior Court, before his Honor F. Donald Phillips, Judge presiding over the Courts of the Fifteenth Judicial District, and a Jury, and the issues having been answered in favor of plaintiff, the issues and answers being as follows: 1. Were plaintiff and defendant married, as allezed in complaint? Answer: Yes. 2, Has plaintiff resided in North Carolina for a period of one year preceding the filing of the complaint? Answer: Yes. 3, Have plaintiff and defendant lived separate and apart for two successive years, as alleged in the complaint? Answer: Yes. 4h. Did the separation occur without fault on the part of the plaintiff and by mutual consent of the plaintiff and defendant? Answer: Yes. Now, therefore, it is ordered, adjudged and decreed that plaintiff have an absolute divorce from defendant and that the bonds of matrimony heretofore existing between the parties be, and the same are hereby, forever dissolved. F. Donald Phill ips eee ——Yudge Presiding. Teh ee & eee een eeeneeaenaeeae ee # +t eee He Ht / i. 1752 ) DI VORCE. James C, Fisher } th ie vs } The "Divorce Jury" being duly sworn and empanelled, answers e rgaret Fisher } issues submitted to it as follows: North Carolina, In the Superior Court, Iredell County, ( James Clirfora Fisher ‘ January Term, 19)0 7 } ISSUES Margaret Fisher } and Wife, l. Did the plaintiff and defendant intermarry, and are they now man 88 alleged in the complaint? Answer; Yes. SECOND WEEK - JANUARY TERM, 190 221 Tae ss IN THE SUPERIOR COURT SECOND WEEK - JANUARY TERM, 190 MONDAY, FEBRUARY 5th, 190 IN THE SUPERIOR COURT SECOND WEEK - JANUARY TERM, 190 223 MONDAY, FEBRUARY 5th, 190 2, Did the defendant abandon the plaintiff, and has the dant lived separate and apart from each other for more than two to the commencement of this action, 4s alleged in the complaint? plaintire > years next orion 1, Did Plaintiff and Defendant marry as alleged in the Complaint and are Husband and wi fe? they now Answer: Yes. Answer: YeS- 3. Has the plaintiff been a bonifide resident of the State of North Capo): 2, Has Plaintiff been 4 resident of the State of North Carolina continuously Ady : for more than two years immediately prior to the commencement of this ears prior to the signing of thi alleged in the complaint? action, as for & period of two y Pp gning s complaint? Answer: Yes. Answer: Y@S- | 3, Has the Plaintiff lived separate and apart from the defendant for a period of two years prior to the signing of the complaint? “O- -O- -0- ¢ Answer: YS. -“O- -—O- <0=- North Carolina, In the Superior Court, Iredell County. January Term, 190 / 7 | ; ‘ ae forth Carolina In the Superior Gourt ra | James Clifford Fisher } Iredell County January Term, 190 ‘f Vs. } JUDGMENT Mergaret Fisher } Polly Blackwelder } | Vs { Judgment This cause coming on to be heard and being heard at this Term of the Cecil Blackwelder ) Superior Court of Iredell County, North Carolina, before His Honor, F. Donald Phillips, Judge Presiding, and a jury, and the jury having answered the issues This cause coming on to be heard and being heard at this Term of the submitted to it by the Court in favor of the plaintiff and against the defendant, Superior Court of Iredell County, North Carolina, before His Honor, F. “onald as set out in the r rds j e u n ecord Phillips, Judge Presiding, and a jury, and the jury having answered the issues It is, therefore, ordered and adjudged by the Sourt that the bonds of submitted to it by the Court in favor of the Plaintiff and against the Defendant, matrimony heretofore existing between the plaintiff and defendant, be, and the as set out in the record: same are hereby disolved, and the plaintiff is granted an absolute divorce from It is therefore, ordered and adjud red by the Court that the bonds of the defendant. . Matrimony heretofore emisting between the Plaintiff, Polly Blackwelder, and the F. Donald Phillips _ Defendant e r ~eby dissolved, and the ———~juage Presiding. —_— , Cecil Blackwelder, be and the same are hereby © , Plaintiff is granted an absolute divorce from the Defendant. +? eewteieiwrteeweweewese#t & # F. Donald Phillips vudge Presiding. No. 1753 } Polly Blackwelder } vs { Cecil Blackwelder j DIVORCE. + Y ee ee wena ene he eeen een n ee eerr "The Divorce Jury" - y" being duly sworn and empanelied, * the issues submitted to it as follows: , North Carolina In the Superior Court, Iredell Count y January Term, 190 \ Polly Blackwelder { vs : Issues Cecil Blackwelder { —-—=s=- —_ IN THE SUPERIOR COURT SECOND WEEK - JANUARY TERM 190 MONDAY, FEBRUARY 5th, 190 North Carolina: In the Superior Court, Iredell County: January Term, 190 Sarah M. Lipe vs. JUDGMENT Lewis Lipe : This cause coming on to be heard at this term of court before His Honor, Judge F. Donald Phillips, and being heard and it appearing that the plaintiff desires to take a non-suit. It is therefore, ordered and adjudged that the cause be and the same is hereby non-suited and that the cost be taxed against the plaintiff by the Clerk of this Court. F, Donald Phillips Judge Presiding. Lewis & Lewis Attorney for Plaintiff a ee NORTH CAROLINA: In the Superior Court, IREDELL COUNTY: February Term - 190 C., M. Deaton : vs Mooresville Building and Loan Association To the Superior Court of Iredell County: A. W. Colson, liquidating trustee of the Mooresville Building and Loan Associsticn respectfully submits the following report from Nov. 1, 1949 to Jan. 31, 1940: Receipts- 4 Cash on hand and in bank, Nov. 1, 1939 $1,531. en 007 Payments on loans 1,073 Real estate sold 1,200.00 Disbursements- ; Paid stockholders 1,2 1 Loans for reconditioning and 1,210 Compensation ” sia ” 600.00 Taxes 188.46 Repairs to real estate 43,2) Cash on hand and in bank, Jan. 41, 19.0 - 9 ’ ASSETS - ” Cash on hand and in bank $ ale Loans-book value 25, 093+ 6 Stock in Federal Home Loan Bank 2, 500400 ’ Furniture and fixttres-book Real estate-book value — i IN THE SUPERIOR COURT MONDAY, FEBRUARY 5th, 190 TES- eerre> pookvalue 1954.20 43,762.38 Respectfully submitted, A. W. Yolson kK. W. Yolson, Liquidating Trustee. seeeeeeeee eee ee ee tote Sk te he a hE ae / Yo. 1685 )} The follaing jury: Allen Morrow, J. H. Adams, R. A. Ho. ee Gaveat to the } Brawley, T. V. Sherrill, J. A. McLelland, J. G. Wooten, Will of Minnie Cashion } J. A. Collins, J. F. Stinson, B. M. Redmond, Bristol deceased } Henderson, Henry Martin and J. P. Winters, being duly sworn and empanelled, answers the issue submitted to it as follows: NORTH CAROLINA, In the Superior Court IREDELL COUNTY. January Term, 190 In the Matter of the Last 4 Will of Mrs. Minnie Cashion, } Deceased ' Is the paper writing dated 28 February, 1938, and offered for probate by Monroe Adams, and every part thereof, the last Will and Testament of Mrs. Minnie Cashion, Deceased? ANSWER Yes. ; 7 Ce RHEE EHR EEE HEHE SE a ee U SE. ee NON COMPLIANCE WITH COURT ORDERS IN ABANDONMENT & NON SI PPORT CASE f. } It appearing to the Court that the defendant entered a plea of Bd. Wooten | Hole Contentere to the Abandonment and Non-Support of his four Minor children at the Auguét Term, 1939 of this Soart, Oe teen a judgment was entered pursuant to said plea at tha o eTOR? wherein the defendant was sentenced to serve & a ae super- MONTHS, to be assigned to work on the roads wees Sowks vision and direction of the State Highway and aoe a for a pe Commission; that said prison sentence was suspen rae record. of Five Years upon express conditions which appear riod (cont'd on page 226) SECOND WEEK - JANUARY TERM, 190 225 A} P es - - a. — i a “Senay Se a a | t —= a | af IN THE SUPERIOR COURT SECOND WEEK - JANUARY TERM, 190 MONDAY, February 5th, 190 No. 157 (Continued from page 225) State The Court finds as a fact, at this Term of the Court, that the vs ) defendant, Ed. Wooten, has violated the conditions - that h Ed. Wooten } failed to comply with the terms of the conditions upon ies has road sentence was suspended: the Therefore, upon motion of the Solicitor, who prays of the Court, it is ordered and adjudged by ue Bourt theron prison sentence of EIGHT MONTHS, imposed at the August Term, 19 Iredell Superior Court, be and the same is hereby put into eff 49, and it is further ordered that Instanter Capias and Commi ttment issue and that the defendant commence service of his sentence It is ordered that Judgment Absolute heretofore entered on the bond in this case be, and the same is ordered strieken out upon of all cost in connection with the Nisi, Sci Fa and Sulgnes Wee This Honorable Court takes recess until Tuesday Morning, February 6th, 1940, at 9:30 o'clock. vd . y AND mp - { j / | Ady JUDGE PRESIDING / IN THE SUPERIOR COURT SECOND WEEK - JANUARY TERM, 19.0 TUESDAY, FEBRUARY 6th, 190 227 this Honorable Court convenes according to adjournment Tuesday Morning, vepruary 6th, 1940 at 9:30 o'clock. rh soe 1730 } DIVORCE. gli Robinette } : : R } The “Divorce Jury § was duly sworn and empanelled. Pending trial f tuey Robinette } @ Juror 4s withdrawn and a Mistrial ordered. This case is thereupon continued until the March Term, 190. H Janette Speaks Bass } vs } The "Divorce Jury" being duly sworn and empanelled, answers i William Bass } the issues submitted to it as follows: NORTH CAROLINA IN THE SUPERIOR COURT IREDELL COUNTY JANUARY TERM, 19.0 Janette Speaks Bass ) vs. ISSUES Ai William Bass ) 1. Did the plaintiff and defendant intermarry as alleged in the complaint? Answer: Yes. 2, Has the plaintiff been a resident of the State of North Carolina for more than one year next preceding the filing of this complaint? Ans. Yes. 4. Did the defendant separate from the plaintiff and have they lived separate and apart for a period of two years or more @s alleged in the complaint? Ans. Yes. NORTH CAROLINA IN THE SUPERIOR COURT IREDELL COUNTY JANUARY TERM, 190 Janette Speaks Bass vs, \ JUDGMENT Willian Bass ; This cause coming on to be heard, and being heard, pefore His Honor, P, ™ Philips, Judge Presiding, and a Jury, at the January Term, 19,0, Superior 1 the issues submitted Co Urt of Iredell County; and the jury having answered al <a — IN THE SUPERIOR COURT SECOND WEEK - JANUARY TERM, 190 TUESDAY, FEBRUARY 6th, 1940 to it in favor of the plaintiff and against the defendant, as fully appears in the records, it is, therefore, on motion of John R. McLaughlin, attorney fop the plaintiff, Ordered, adjudged and decreed: First: That the bonds of matrimony heretofore subsisting between the plaintiff and defendant be, and they are hereby, absolutely dissolved; That the plaintiff, Janette Speaks Bass be, and she is hereby granted an absolute divorce from the defendant, William Bass. Second: That the plaintiff pay the costs of this action, to be taxed by the Court. This the 6 day of February, 190. F,. Donald Phillips Judge Presiding. % te ee ee a Oe a th a HH NORTH CAROLINA, In the Superior Court, IREDELL COUNTY. January Term, 190 In the Matter of the Caveat to } the last Will and Testament of 4§ JUDGMENT Mrs. Minnie Cashion, Deceased. § + 2 ~~ ~~ ~~ ~~ This cause coming on to be heard, and being heard before His Honor, F. Donald Phillifis, Judge Presiding, and a jury, at the January Term, 190, of Iredell County Superior Court, and it appearing to the Court that the Will of ™ late Mrs, Minnie Cashion, deceased, was on the 6th day of May, 1938, admitted probate in common form by the Clerk of the Superior Court of Iredell County, and recorded in Will Book 11, at page 232, and that thereafter Mrs. D. A. Ritchie filed a caveat to the Will, and that the issues raised by the caveat were duly transferred to the civil issue docket, and came on for hearing at this Term of the Superior Court of Iredell County, and the following issue having been sub- mitted to and answered by the jury: "Is the paper writin da probate by Monroe a ated 28 February, 1938, and offered for ms, and every part there the last Will and Testament of Mrs. Minnie Cashion, desman’ "Answer Yes ." IN THE SUPERIOR COURT P SECOND WEEK -- JANUARY TERM, 19]0 229 TUESDAY, FEBRUARY 6th, 190 Now, THEREFORE, IT IS HEREBY CONSIDERED, ORDERED AND ADJUDGED by the Court paper writing offered for probate as the last Will and Testament of Mrs. that the yinnie Cashion, and every part thereof, is the last Will and Testament of Mrs. winnie Cashion, and it is hereby adjudged and decreed to be, in all respects hae yalid, and it is ordered that the last Will and Testament of Mrs. Minnie Cashion, ’ F deceased, which has heretofore been probated in common form and recorded in Will gook 11, at page 232, be, and it is hereby, admitted to probate in solemn form. fi It is further ordered and adjudged that the Court costs, including the orficers' fees in subpoenaing the witnesses and serving the other papers in the cause, and the witness fees for the witnesses of the propounder and caveator be paid by Mrs. D. A. Ritchie, the caveator. This the 5th day of February, 19,0. F. Donald Phillips Judge Presiding —— eee eS ee ee ee ee ot tt ee a Y NORTH CAROLINA, In the Superior Court, IREDELL COUNTY. January Term, 1940 National Surety Corporation, a ) Corporation, Vs. ene 6. C, Kimball, Sheriff of Iredell ian cana County, Dud Travis and D. Ss. Drum, pininistra tor of the Estate of barlie Hilton, deceased, and the United States Government of America, as intervenor This cause coming on to be heard, and being heard before His Honor, F. Donald Phillips, Judge Presiding, at the January Term, 1940, of the Iredell County Superior Court, and a jury trial being waived by all parties, and it being our that the cause should be heard and the facts found by the Judge Presiding upon the imiasions in the pleadings and the oral testimony of the witnesses for the plain- tire rvenor, » National Surety Corporation, and the United States of America, 45 inte t he Court finds the following facts: That on the 1th day of October, 19353, ‘he Manville-Jenckes Company "Perated « general store at High Shoals, North Carolina, in which it had a safe in Thich were located its cash, checks, and other articles of valuable personal was operating & PMoperty; that the United States Government had established and IN THE SUPERIOR COURT SECOND WEEK - JANUARY TERM, 190 TUESDAY, FEBRUARY 6th, 190 Post Office within the store bhilding of the Manville-Jenckes Company, at High Shoals, North Carolina; that it had placed in the safe of the Manville~Jenckes Company funds and monies belonging to the United States Government amounting to One Hundred Sixty-nine Yollars and Fourty-four Cents ($169.41); that on the night of the lth day of October, 1943, the store of the Manville-Jenckes Company ang the United States Post Office was burglarized and robbed by the defendants Dud Travis and Charlie Hilton, deceased, and others; that when the store and Post Office was burglarized and robbed, the defendants Dud Travis and Charlie Hilton, deceased, took from the safe of the Manville-Jenckes Company cash belonging to the Manville-Jenckes Company in the Sum of Seven Hundred Twelve Dollars and Sixty- one Cents ($712.61), and took from the safe money belonging to the United States Government in the sum of One Hundred Sixty-nine Dollars and Forty-four Cents $169.U). That on the 16th day of October, 194%, Dud Travis and Charlie Hilton, ww were escaped convicts from the State Penitentiary, at Raleigh, North Carolina, wr apprehended by G. C. Kimball, Sheriff of Iredell County; that before the capture of these men a gun fight ensued, in which Charlie Hilton lost his life; that G. C. Kimball, Sheriff of Iredell County, found and took from the person of the defendant Dud Travis the sum of One Hundred Fifty-one Dollars and “ifty-seven Cents ($151.57), consisting of eight Ten Dollar bills, eight Five Dollar bills, twenty-three One Dollar Bills, and Eight Dollars and Fifty-seven Cents ($8.57) in small change; that G. C. Kimball, Sheriff of Iredell County, found and took from the person of Charlie Hilton, deceased, the sum of Two Hundred Dollars and Forty- eight Cents ($200.8), consisting of one Twenty Dollar bill, eight Ten Dollar bills, thirteen Five Dollar bills, Twenty-three One Dollar bills, and Twelve Dollers and Forty-eight Cents ($12.18) in small change; that the total amount of money taken from the persons of Dud Travis and Charlie Hilton, deceased, by G. C. Kimball, Sheriff of lredell County, was Three Hundred Fifty-two Dollars and Five Cents ($352.05), and that this money was the identical money stolen by Dud Travis and Charlie Hilton from the store of the Manville-Jenckes Company and the Post Office of the United States on 1); October, 1933, and is the money belonging to the Manville Jenckes Company and the United States Government, That the defendant Dud Travis was tried, convicted, and sentenced t0 ven years at the State Penitentiary, at Raleigh, North Carolina, for burglarizing robbing the store of the Manville-Jenckes Company at High Shoals, North Carolin on 14 October, 1933; that the other confederates with Dud Travis and Charlie Hilton, if any, have not yet been apprehended or tried. gifh That prior to the burlgary and robbery, as hereinbefore found, the piel? 1st National Surety Corporation, had issued to the Manville-Jenckes Company ite burt insurance policy No. S-501219, by which it contracted to indemnify the manvill® be Jenckes Company in the event of burglary and robbery; that in accordance with ¢ IN THE SUPERIOR COURT 234 SECOND WEEK - JANUARY TERM, 190 t TUESDAY, FEBRUARY 6th, 190 terns of this insurance policy, and because of the burglary and robbery perpetrated ¢ py the defendants Dud Travis and Charlie Hilton, deceased, and others, the National surety Corporation paid to the Manville-Jenckes Company, on o1 about the 2nd day of jovenber, 1933 the sum of Seven Hundred Twelve Dollars and Sixty-one Cents ($712.61) in full satisfaction and discharge of its liability which arose under and by virtue of its insurance policy; that when the National Surety Corporation paid the sum of Seven Hundred Twelve Dollars and Sixty-one Cents ($712.61) to the Manville-Jenckes Company, it was invested by it with full rights of ownership in and title to all the articles of personal property stolen and removed by Dud Travis, Charlie Hilton, and others, and subrogated to the National Surety Corporation all its claims or rights against. any third person or persons to the amount of the loss paid and expenses incurred in settlement thereof; that in addition to the money taken from the persons of Dud Travis and “harlie Hilton, deceased, by the Sheriff of Iredell County there is also now held by the Postmaster at High Shoals, North Carolina, the sum of Nine Dollars and Fifty Cents ($9.50) which was recovered by the Officers from Dud Travis and Charlie Hilton. Upon the foregoing finding of fact, based upon the admissions in the plead- ints and the oral testimony produced by the National Surety Corporation and the United States Government, IT IS ORDERED, ADJUDGED, AND DECREED that the National Surety Corporation and the United States Government be, and they are, declared the omers of, and entitled to the 4mmediate possession of the Three Hundred Fifty-two Dollars and Five Cents ($352.05) which was taken from the persons of the defendants Dud Travis and Charlie Hilton, deceased, by G. C. Kimball, Sheriff of 4redell County, and the sum of Nine Dollars and Fifty Cents ($9.50) held by the Postmaster of the High Shoals, North Carolina, Post Office. That in the division of the Three Hundred Sixty-one Dollars and “ifty-five Cents ($361.55) found to be the property of the National Surety Corporation and the United States Government, that each have and recover the proportionate amount which each lost by reason of the burglary and robbery by Dud Travis and Charlie Hilton, to the Three Hundred Sixty-one Dollars and Fifty-five Cents ($361.55), the amount recovered from the persons of Dud Travis and Charlie Hilton. That the plaintiff, National Surety Corporation, and the United States Government, as intervenor, have and recover its cost against the defendants, to be taxed by the Clerk of this Court. F. Yonald Phillips _ ge Pres ng Over @ courts oO e Fifteenth Judicial District of Nerth Carolina. To the signing of the foregoing judgment the United State roseePeats to the Supreme Court. Risse of appeal given in ee. canter C@ waived. Appeal bond in the sum of $50.00 adjudged sufficient. in which to make Wp and ae consent, the United State of America:is allowed 30 days here- ‘fter ph statement of ease on appeal, arid the plaintiff allowed 30 days t Serve counter-case or file exceptions. F. Donald Phillips ge rres . en f America excepts i IN THE SUPERIOR COURT SECOND WEEK - JANUARY TERM, 190 TUESDAY, FEBRUARY 6th, 19)0 IN THE SUPERIOR COURT SECOND WEEK - - JANUARY TERM 190 232A TUESDAY, FEBRUARY 6th, 190 ! (/ North Carolina, In the Superior Court, yORTH CAROLINA, , In the Superior Court Iredell County. January Term, 190. rREDELL COUNTY. January Term, 190 R ) f Maude Setzer " freeman ) Bb ai Vs. } ORDER. Robert | : he . C. H, Dearman, Administrator } ois ) ORDER i of F. M. Ostwalt, deceased. ) i " ¢, W. Thompson ) se | 3 This cause coming on to be heard, and being heard at this Term of gy r A . Court of tredell County, on motion of Lewis & Lewis, Attorneys for plaintiff or This cause having been heard at the March Tern, 19393 of the Iredell County it appearing to the Court that at the January Term, 1935, of the Superior Court af superior Court before His Honor, William H. Bobbitt, Judge ‘residing, upon the . Iredell County, that a consent judgment was entered in this cause wherein it ms question of whether or not the defendant was entitled to have John Campbell made } ordered by the Court that the plaintiff recover a Judgment against the d efendant 1, gn additional party, and His H,onor.having rendered a decree in which he held that i the sum of $500.00, payable at once, and it further appearing to the Court tht tad the defendant, upon the pleadings then on file, was not entitled to have John i C. Ostwalt at said time agreed to advance the $500.90, as set forth in said Jud guert Campbell made an additional party; and the defendant having duly appealed from and it further appearing to the Court that he has paid the sum of $300.00 on sid this decree to the Supreme Court of North Carolina; that in an opinion filed by ) judgment and refuses to pay the remaining $200.00; the Supreme Court of North Carolina, on 8 November, 1939, and reported in 5 S.E. ; port | ond, 3h, the decree of Judge Bobbitt was reversed. ane, er It is, therefore, ordered and adjudged by the Court, in its discretion, a ake in the exercise of its equitable jurisdiction that the defendant pay to the Cler IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that, in accordance with of the Superior Court to be credited on this judgment, such dividend and such the opinion of the Supreme Court of N@rth Carolina, the defendant be, and he is, : amount as i§ now in his hands, in order to pay the proportionate part owing under entitled to have John Campbell made a party defendant, as prayed for in the Mf this judgment. defendant's Answer, and the defendant is allowed 40 days in which to plead if lal ! so advised. te : It fs further ordered by the Court in exercise of its equitable jurisdictin, a | that the Clerk of the Court pay the plaintiff the sum of $200.00, and any amount F. Donald Phillips — : remaining is to be paid to Wade C. Ostwalt, in order that equity may be done betrs Judge Assigned To and Holding Courts . the parties. Consented to: in the “ifteenth Judicial District of North Carolina. 1! ai F, Donald Phillips Scott & Collier , Judge Presiding Kttorneys for Plaintiir oe Adams, Dearman & Winberry Fitorneys for Defendant tt % : a ae ee ee SECO SEHHEKRHEEHHHEHEBHHHHEHHEHEHEHEEDSN % dt tt eH te HF * + - ( North Carolina, In the Superior Court, | : NORTH CAROLINA, In the Superior Court Iredell County. January Term, 190 IREDELL COUNTY. January Term, 19)0 Martin B. Travis, et al ) Alvin Scott } } Vs. ORDER ” SeRes Travis & Keavis Sales Company %. W. Thompson : This cause coming on to be heard b ion of tit ; | 1s esidin oe ' B rd and being heard upon the petition t This cause coming on to be heard at the January Term, — 7 re above named defendant, said petition nahin for the sale at eS County Superior Court before His Honor, F. Donald Phillips, Judge Presiding, and it = _ be eT notes and accounts now on hands of the receivers ais ‘ppearing that the parties, through their counsel, agreed that the =. . e at public exthanns pinion that said receiver should sell said notes and ace case of Robert Freeman vs. C. W. rhompson, heard at the March Term, 1235 Iredell County Superior Court, and which was appealed to the Supreme Court of North Carolina, should a 4 e: it appearing that the i etermine the same question in this case; ° Now, therefore, it is ordered, considered and adjudged by the court that decision of the Supreme Court in che Preemen case held that the defendant was en said receiver be, and he is hereb ollecte ti . ereby authorized and directed to sell all une . tled to hav additional rty. notes and accounts and other evidence of indebtedness now on hand, as the receive e John Campbell made an - of the above est : th the named defendant, at public auction or sale, for cash to the high IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that, i accordance wi bidder, at the Courth ' d a "Robert March, 190, after des davaven of Iredell County, North Carolina, on the 20 orto ‘cision of the Supreme Court of North Carolina in the case entitled, hn sement by posting notice of such sale at the ct reeman vs. C. We. T " defendant be, and he is, entitled to have Jo i: baee ter ee eae Posy ooaee pantie places therein, and by advert {sing tere made a soak Uabaahenhs a prayed for in the defendant's Answer, and the County. 1e Statesville Daily, a newspaper published in n *fendant 1s allowed 40 days in which to plea if so advised. F. Donald Phillips It is further ordered and gendant adju d Cons n ourts Vv judged that al t of said ae ented to; ss igne o an ° & given ten days notice in wr ng } 7 all creditors w $ udage District amount of the sakcbbetanes saad of the date and place of sale, and sho in the Fifteenth Judicial Vistr a hor hom same i id defendant, = Scott & ¢ f North Carolina. secured in order that by w 8 owad to the sa attend Womeys foe PreIneT ° said sale and purchase any of ay ennaaenen: if they desire to do 80, ™Y Srneys for Pla ff Adams 4 do 60° Said sale to be subject to the confi eperense; co. 00ne Lf ae re Dearman & Winb er Rtomeys for Defendant rmation of the Court. 4 TIES ERE PEE ETE en F, Donald Phillips ————~ udge Presiding ad eee eee He eee Hae eH ee % eu He ee eeeeeeeeceneonnnnennn ee te ® IN THE SUPERIOR COURT IN THE SUPERIOR COURT 2333 SECOND WEEK - JANUARY TERM, 190 : SECOND WEEK -- JANUAKY TERM, 190 Or fUESDAY, FEBRUARY 6th, 19,0 TUESDAY, FEBRUARY 6th, 190 ( Carolina, NORTH CAROLINA, In the Superior Court North ‘a chk Senbieee Come: gel) County- January Term, 190 R, He Creasey Co. Baxter Alexander ) i, ' I UDGME NT —_ ! ORDER C, W. Thompson ) Carl Kirkman This cause coming on to be heard at the January Term, 190, of the Irede)! This cause coming on for trial at the aforesaid Term of Iredell Superior County Superior Court before His Honor, F, Yonald Phillips, Judge Presidin 3 fo appearing that the parties, through their counsel, agreed that the deste a Court before the undersigned Judge, and it appearing to the Court that the Plain- case of Robert Freeman vs. C. W. Thompson, heard at the March Term, 1939, of the - Iredell County Super’or Court, and which was appealed to the Supreme a of a tirt was called by the Sheriff to come in and prosecute this action or it would Carolina, should determine the same question in this case; it appearing that the , decision of the Supreme Court in the Freeman case held that the defendant was i be non-suited, and it appearing that the plaintiff failed and neglected to appear titled to have John Campbell made an additional party. and prosecute this action: IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that, in accordance wit) the decision of the Supreme Court of North Carolina, in the case entitled, "Robert ft is therefore ordered, adjudged and decreed that this action be, and Freeman vs. C. W. Thompson", the defendant be, and he is, entitled to have Jom , = Campbell made a party defendant, as prayed for in the defendant's Answer, and the the same is hereby dismissed, and the plaintiff is taxed with the costs. defendant is allowed 40 days in which to plead if so advised. ' ° This the 6th day of February, 190. F. Donald Phillips SR STRSTDING Judge Assigned to and Holding Vourts ee Consented to: in the Fifteenth Judicial District of North Carolina. Scott & Collier Attorneys for Plaintiff eee ee % os a a a ee Adams, Dearman & Winberry { Attorneys for Defendant. . 1599 - F.J.Massey -vs- Bertie Massey - Continued. { 1672 - Alma R. Hunter -vs- Frank Hunter - Continued. +#% 2 ee ee ee ee ee ee ee ee ee ee ee 1149 - Texie Mi. Combs -vs- Walter Combs - Continued. ( . 1750 - Mary M. Johnson -vs- James L. Johnson - Continued. ( 1754 - BE. A. Beaver -vs- Maggie L. Beaver - Yontinued. NORTH CAROLINA IN THE SUPERIOR COURT "1511 = D.L. Raymer, Jr. -vs- Albert Padgett, al - Continued by consent. IREDELL COUNTY nf t Y1537 - John R. Morrison -vs- Arrowood Farms - Continued for Plaintiff. . = ~~ pre-empborily for March Term, 1940. K. Katz & Sons, a Maryland : ‘1621 - Helen M. Smith -vs- Eugene M. Smith - Continued. Corporation, Plaintiff, 0 / : 167, - Brgant Theatre Supply Co., Inc. -vs- Willis Rhodes and B. A. Troutman. _ } JUDGMENT Continued by consent for defendant on Doctor's certificate. Le A. Stabler, Defendant ; ! 1695 -L. J. Detrick -vs- Mrs. W.S. Flowers - Continued. Ing - James A. Campbell -vs- N. Sankey Gaither - Continued. This matter coming on to be heard, and being heard, before his Honor, F (172) - Bunch Furniture Co -vs- J.D. Holland, Extr. - Continued by consent. ——- Phillips, Judge presiding over the courts of the Fifteenth Judicial ’ (1 Continued by consent. istrict, at the January term of Iredell Superior Court, and it appearing po 2 = T.E. Allison, Jr -vs- Winston Mutual Life Ins. Co. - Yontinu y the plaintiff's claim against the defendant has been fully satisfied, the set (4 ment providing for the payment of the costs of the action, and that the costs 136 - W.H. Weisner -vs- Duke Power Co. - Continued. have been paid into Court, and that in consideration whereof the plaintiff M agreed not to prosecute the action further; Y 1737 « Gc. G, Johnston, al -vs- Minnie T, Moore, al - Continued by Court. f ff, ’ it 4 Now, Therefore, upon motion of John W. Wallace, Attorney for the plane 1733 = Kimmons & “onger -vs- Florence L. Gaither Contimued by Court. 8 considered, ordered and adjudged that the action be, and the same sm v non-suited and dismissed, ; As ~ RS. Barkley -vs- Florence L. Gaither - Continued by — -0.L. Lippard -vs- Florence L. Gaither - Continued by Court noe oh Oe February, 190. (ine " Planters Fert. & Phosphate Co -vs- J.R. Little, al - Continued by Court. t. Mabel L. Preston, al -vs- Mrs. C. Robt. Johnson, #1 Continued by Cour F, Donald Phillips udge Presiding ee eee ne 4 a? PP 0h Yb OP OHO eeeeenneeaneee eaten hs eS North Carolina, In the Superior Court Iredell County. In the matter of To Hon. John White Moore, Sheriff of Iredell County. Upon the petition for a writ of habeas corpus you are hereby comman | to bring the body of J. E. gook before Yam J. Irvin, Judge of the Sepestin - | Court, holding Court in the 1§th Judicial District, at 11:00 A.M. o'clock, on the 7th day of February, 1940, at the Superior Court room at Taylorsville, N.C | for the purpose of inquiring into the legality of the restraint of his liberty, Then and there have this writ. This the 6th day of February, 19)0. F, VYonald Phillips Judge of the Superior Court. North Carolina, In the Superior Court. a Alexander County. In the Matter of J. E. Cook. ORDER This matter coming on to be heard and being heard on the petition for Writ of Habeas Corpus and the order of Hon. F. “onald Phillips, Judge regularly assigned to hold court in the 15th Judicial District and after hearing all of the evidence in the cause it appears to the Court that the petitioner, J. E. Cook, who has been fonfined in the common jail of Iredell County, Ne C- since February 2, 1940 is not insane and that the County Physician of Iredell County is of the opinion that said J. E. “ook is not insane; and that there is no other charge of any nature whatsoever pending against the said J. E. Cook which would justify his confinement in the common jail of Iredell County, N- ” It is therefore hereby considered, ordered and adjudged that Hon. John W. Moore, Sheriff of Iredell County, N. C., immediately discharge from custody the said J. E. Cook. This the 7th day of February, 1940. S. J. Ervin Judge assigned to hold Superior Court in Alexander County, ™ oH 4 ot PAPERS IN ABOVE MATTER ARE FILED IN OFF JANUARY TERM, 190 oe 09900008 000000000000808 68H OR ROT 235 v NORTH CAROLINA IN THE SUPERIOR COURT IREDELL COUNTY BEFORE THE CLERK A, J. Haynes ‘a, CONFESSION OF JUDGMENT jonn He Smith (col) 4 I, John H. Smith, the defendant in the above entitled case hereby confess judgment in favor of A. J. Haynes, plaintiff, in the sum of $220.78 with interest from Feb. 10th, 1938, and authorize the entry of judgment therefor against John H. smith on the 12th day of February, 1940. The confession of this judgment is for a debt now justly due from me, John He Smith, to the said plaintiff, A. J. Haynes, arising from the following facts: For a note that I have heretofore executed and delivered to the said A. J. Haynes in the amount of $26.78, upon which I have paid and am entitled to accredit of $l.00, leaving a balance due on the said note of $220.78, with interest from 10th day of Feb. 1938, which said sum is due the said plaintiff, A. J. Haynes over and above all just demands that I have against him. John H. Smith vonn H. Smith John H. Smith, being duly sworn, says; That the facts stated in the above confession are true and that the amount of the judgment confessed is justly due the plaintiff. John H. Smith Sworn and subscribed to before me, this the 13 day of February, 190. Paul Hoover. Deputy Clerk of the Superior court. eb scanceeeenceeeeoeeeeeeeneeeneneeeeeee' v NORTH CAROLINA, IREDELL COUNTY. irs, Helen H, Carson Janes y V2 8 W. Brom and wife eR. Brown : HOMESTEAD AND PERSONAL PROPERTY EXEMPTION. I, J. W. Moore, Sheriff of Iredell County, have this day summoned W. Re to lay off and assign Each Col “ard, V. S. Overcash and S. A. Lytle, as appraisers, to the said James W. Brown his homestead and personal property exemptions SE EET ra of said appraisers is a discreet person and qualified to act as a juror in said County. This the 9 day of February, 190. ’ a Ze Sherrill D.S. Sheri? — APPRAISERS' RETURN. The undersigned, having been duly summoned and sworn to act as appraisers of the homestead and personal property exemption of James W. Brown of Barringers township, Iredell County, by J. W. Moore, Sheriff of Said County, in the case of Mrs. Helen H. Carson -vs- James W. Brown and wife, Minnie R. Brown, do hereby make the following return: We have viewed and appraised the homestead of the sai; James W. Brown and the dwellings and buildings thereon, owned and occupied by the said James W. Brown as a homestead which we valued at $1000.00. Said homestead ddjoins the lands of James W. Brown and others and is bounded as follows: Three rooms on the first floor of the dwelling in which said James W, Brown is now living, said rooms being on the right hand side of the front entrance to the said dwelling, together with one acre of land lying on the right side of said dwelling and immediately adjacent thereto, said acre being 210 feet square, all of which was set apart as a homestead of the said James W. Brown and selected by him, 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, selested by the said James W. Brom to-wit: We found that the said James W. Brown and wife, Minnie R. Brown did no own personal property in excess of $500.00, which we declare to be a fair valuation, and the said articles are exempt from sale under said execution. We hereby certify, that we are not related by blood or marriage to the judge debtor or the judgment creditor in the above entitled action, and have no interes‘, near or remote, in the above homestead or personal property exemption. Given under our hands and seals, this the 9th day of February, 190. Ve. Se Overcash (SEAL (SEAL! S. A. Lytle ——_—- - - - - W. R. Colvara___'S* ae The above return was made and subscribed in my presence, the 9th dgy of February, 190. 8. T. Z. Sherrill D. Shestt? of Iredell comty: The following appears on the back of above Homestead & personal property _ Mrs. Helen H. Carson -vs- James W. B Clerk of the Court of Iredell County: 7 7 Overcash and S. A. Lytle were s wife, Minnie R. Brown. v, & The within named W. R. Ceseaeee a ummoned, sworn and lified acco ng as the a ’ qua a ppraisers of the homestead and personal property exemption of the § the James W. Brown under and exe n this 7 day of February, 190; cution in favor of Mrs. Helen H. Carson © T, Z. Sherrill D.8- Yr of -Iredel1 county: "+ 4% & SOP OOOO enneeennneneeecneeeeeeettm yorth Garolina, In the Superior Court, Iredell County. Before the Clerk, John campbell “ JUDGMENT OF NON-SUIT SS Se ¢, W. Thompson 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 the plain- tiff desires to take a voluntary non-suit in this action: It is, therefore, ordered and adjudged that the action be, and the sane is hereby dismissed as of @ judgnent of non-suit and the plaintifr is taxed with the costs of the action. This February 28th, 190. C. G. Smith Clerk Superior court, Iredell a, County : , _eaneeeeeeeene eeeeeeneH Hee F 4¢ Pe ee ee ee oeeeeeene eneeeeavwrewee*’ es. North Carolina, In the Superior Court, Iredell County. Before the Clerk. Robert Freeman vs JUDGMENT OF NON SUIT << ¢. W. Thompson This cause coming on to be heard before the undersiszned Clerk of the Superior Court of Iredell County and it appearing to the Court that the plain- tiff desires to take a voluntary non-suit in this action; It is, therefore, ordered and adjudged that the action be, and the same is hereby dismissed as of a judgment of non-suit and the plaintiff is taxed with the costs of the action. This February 28th, 190. C. G. Smith : Clerk Superior Yourt Tredel., Younty. “ 4 eee te ohne x See enneenenee ee ee te tH oe te ee OF North Carolina, In the Superior Court, Iredell County. Before the Clerk. Baxter Alexander vs JUDGMENT OF NON SUIT. ) ) Cc. W. Thompson 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 the plain. tiff desires to take a voluntary non-suit in this action; It is, therefore, ordered and adjudged that the action be, and the same is hereby dismissed as of a judgment of non-suit and the plaintiff is taxed with the costs of the action. This February 28th, 190. C. G. Smith Clerk Superior Court Iredell Couty a a a ee a a ee North Carolina, In the Superior Court, Iredell County. Before the Clerk. Alvin Scott vs JUDGMENT OF NON SUIT. C. “, thompson 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 the plain- tiff desires to take a voluntary non-suit in this action; 7 ame It is, therefore, ordered and adjudged that the action be, and the § Ath is hereby dismissed as of a judgment of non-suit and the plaintiff is taxed ¥ the costs of the action. This February 28th, 190. C. G. Smith Clerk Superior Court i =—edell comty o a ** OHHH eee eee ee ee eee { yorth carolina, In the Superior Court, Iredell County. Before the Clerk Nathan g, Neely vs JUDGMENT OF NON SUIT. —S SS Howard Watson This cause coming on to be heard and being heard before the under- sigeed Clerk of She Superior Court, and it now appearing that the plaintiff desires to take @ voluntary non-suit in this action: It is therefore ordered tht this action be, and the same is hereby, nonsuited, and the plaintiff is taxed with the cost. This the 28th day of February, 190. C. G. Smith Clerk Superior Court. + or ~~ ~* te - x oa b+ “- road ~ x x io x SH ORG HH HF V said ae ; 2 _ NORTH CAROLINA, Tl 1 SUPERIOK COURT IREDELL COUNTY. BEFOKE THE CLERK G. G. Freeze } ve 4 JUDGMENT OF NONSUIT. James F, Brawley ) ; : a f befor under- This cause coming on to be heard, and being he rd before the Siged Clerk of the Superior Court, and it appearing to the Court that all matters and things in controversy between the plaintiff and defendant have deen settled, and the plaintiff now desires, and moves, for judgnent of non~ sult in this action:- It is therefore ordered that this action be, and the same is hereby, honsuited and the plaintiff is taxed with the cost. This the 28th day of February, 19),0. C. G. Smith Lewis & Lewis Clerk superior Vourt. Rtorneys for Plaintigr 8 Cott & Collier Mtorneys Tor Defendant 000000 64G O08 er * % i ee ee ee 239 am ae Se OT +p NORTH CAROLINA, IN THE SUPERIOR COURT, IREDELL COUNTY. BEFORE THE CLERK, Leona F. Howard, by her Next Friend, J. M. Fox -vs- JUDGMENT OF NON SUIT. Marshall Howard The plaintiff, through Lewis & Lewis, her Attorneys, having moved for judgment as of non-suit:- It is therefore ordered that this action be, and the same is hereby nonsuited and the plaintiff is taxed with the cost. This the 28th day of February, 190. C. Ge Smith Clerk Superior Court. Lewis & Lewis Kttorneys for Plaintiff. NORTH CAROLINA, IN THE SUPERIOR COURT IREDELL COUNTY. BEFORE THE CLERK H. Holcombe JUDGMENT OF NON SUIT. Constance D. Holcombe The plaintiff, through his attorneys, Lewis & Lewis, having moved for judgment as of non-suit:- It is therefore ordered that this action be, and the same is hereby, nonsuited and the plaintiff is taxed with the cost. m4 This the 2lst day of November, 1938. o. 6. Otte a Clerk Superior Court. Lewis & Lewis Attormeys for Plaintirtfr 4 a pa e? i a a a ee 4 % 4 " vont! CAROLINA IN THE SUPERIOR COURT, IREDELL COUNTY. BEFORE THE CLERK. A, Me Winecoff a JUDGMENT OF NON SUIT. R, W. Menscer This cause coming on to be heard and being heard before the undersigned clerk of the Superior Court, and it appearing to the Court that the matters and things in controversy between the plaintiff and defendant have been settled, and the plaintiff now desiring and moving for judgment of non-suit in this action:= It is ordered that this action be, and the same is hereby, nonsuited, the plaintiff is taxed with the cost. This the 28th day of February, 19/,0. C. G. Smith . “Clerk Superior Court. Lewis & Lewis Kttorneys for Plaintiff NORTH CAROLINA, IREDELL COUNTY. B. E, Shaver -Vs- Guy Barker This cause coming on to be heard and being heard before the undersigned Clerk of the Superior Court, and it appearing to the Court that the matters and things in controversy between the plaintiff and defendant have been settled, and the plaintiff now desiring and moving for judgment of non-suit in this action:- It is therefore ordered that this action be, and the same ig berenys nonsuited, and the plaintiff is taxed with the cost. This the 28th day of February, 19)0- C. G Smith Clerk Superior Court Lewis & Lewis TWomeys Tor -PIetnturT. % eee & # Phd e 6 o ane eee 600064858 ONS * OP9 27 Se Sa = Se oe Sar meee NORTH CARQGLINA, IN THE SUPERIOR COURT, IREDELL COUNTY. BEFORE THE CLERK. Cc. C. Johnston, et al, trading as W. C. Johnston & Company JUDGMENT OF NON SUIT. -VS- —eo <a ee aes OO Ss, A. Lowrance, Jr. This cause coming on to be heard and being heard before the undersigned Clerk of the Superior Court, and it appearing to the Court that the mtters ana things in controversy between the plaintiff and defendant have been settled, an the plaintiff now desiring and moving for judgment of non-suit in this action:- It is therefore ordered that this action be, and the same is hereby, nonsuited, and the plaintiff is taxed with the cost. This the 28th day of Februsry, 190. C. G. Smith Clerk Superior Court. Lewis & Lewis Attorneys for plaintiffs. HERRERO ERE HEE REEDED NORTH CAROLINA, IN THE SUPERIOR COURT, IREDELL COUNTY. B=uFORE THE CLEM. Bunch Furniture Company | “a ' JUDGMENT OF NON SUIT. J. O. Blum and wife The plaintiff, through Scott & Collier, Attorneys, having novel on judgment as of non-suit. tiff It 18, therefore, ordered that this action be nonsuited and the piel taxed with the cost. This February 28th, 190. C. G. Smith Clerk Superior Court. Scott % Collier Attorneys for Plaintitr ‘ “a aa? COHN HHEEEEEEE Eee eee ee ee ee eee ( 243 IN THE SUPERIOR COURT, yoRTH CAROLINA , IREDELL COUNTY. BEFORE THE CLERK qT. Me crowell, trading as gtatesville Showcase Co. ie JUDGMENT OF NON SUIT. A Yicholas Pappas This cause coming on to be heard, and being heard before the undersigmed Clerk of the Superior Yourt, and it now appearing that the mtters and thinss in controversy in this action between the plaintiff and defendant have been settled, it is, therefore, on motion of Scott & Collier, Attorneys for the plaintiff Ordered that this case be, and the same is hereby non-suited, and the plaintiff is taxed with the cost. This February 28th, 190. halve aol? C. G. Smith Clerk “uper’or Court. Scott & Collier Ketorneys for Plaintiff. Pe ee ee ee ek a Ste hte SESE SESE SbSS She Stee thee ede ator cesar ser we St ESE aE trae re { NORTH CAROLINA, IN THE SUPERIOR COURT, BEFOKE THE CLEKK. IREDELL COUNTY. Carolina Motor Company “V8s- JUDGMENT OF NON SUIT. J. D. Money j jersip This cause coming on to be heard and being heard before the undersigned Clerk of the Superior Court, and it appearing to the Court that the plaintiff rences existing between themselves, and defendant have settled the matters and diffe and they now desire to take a non-suit, it is therefore on motion of plaintiff Ordered that this action be, and the same 4s hereby non-suited, and the 4 Plaintiff 4s taxed with the cost. This the 28th day of February, 19],0- C. G. Smith Wlerk Superior Court. Scott & Colli er Mtomneys Tor Platntirty — oe eee & & 4 TES eoenccec neces cdbean werent seeerer”* NORTH CAROLINA, IN THE SUPERIOR COURT IREDELL COUNTY. Bunch Furniture Company, Inc., Plaintiff J. D. Holland, Executor of Nancy Jane Burton, Defendant | } { vs. JUDGMENT } ; This cause coming on to be heard and being heard, and it appearing to the Court that the plaintiff and defendant have compromised and adjusted all matters in controversy between them for the payment by the defendant to the plaintiff of the sum of $362.50, and that the plaintiff agrees to pay the court cost in this action. It is therefore ordered, adjudged and decreed by consent that the plaintiff have and recover of the defendant the sum of $362.50 in full and complete settlement of this action, and that the plaintiff pay the cost of this action. This the 28th day of February, 19)0. C. G. Smith Clerk of the Superior Court. The above judgment is consented to by the plaintiff and the defendant. BUNCH FURNITURE COMPANY, INC., PLA INTIFF BY LAND & SOWERS, ATTORNEYS BY Neil S. Sowers Neil S. Sowers J. D. HOLLAND, EXECUTOR OF NANCY JANE BURTON, DEFENDANT BY RAYMER & RAYMER, ATTORNEYS BY: D. L. Raymer _ Hee eee Ea ee ee a aeet NORTH CAROLINA IREDELL COUNTY Katherine Edgerton Daniels, Rachel Hemphill Edgerton, and Wayne Realty Company " CERTIFICATE OF LEVY OF ATTACHMENT South Atlantic Investment Corporation St et tt et TO THE CLERK SUPERIOR COURT OF IREDELL COUNTY? I, Jo We Moore, Sheriff of Iredell County, do hereby certify that, to a Warrant of Attachment issued to me by the Clerk of the Superior pursuant cout of Wayne County in a matter pending in said Court entitled "Katherine gagerton Daniels, et al vs South Atlantic Investment Corporation", I did on the 9 day of March, 19,0, levy upon all the right, title and interest of South Atlantic Investment Corporation, the defendant in said action, in the following property: Certain property in the City of “tatesville, Iredell County, N. C., as follows: 1 lot known as No. 11) Cowles Street. 1 lot known as No. 903 W. End Avenue. 1 lot known as No. 10 N. Center Street. This the 2 day of March, 190. Je W. Moore Sheriff of Iredell County. Se RHRHEH HEHE HEHEHE EHH HEH HS bot tk He te Oe = v NORTH CAROLINA IREDELL COUNTY Newton O11 & Fertilizer Coe, Plaintiff Vs. JUDGMENT OF VOLUNTARY NONSUIT Re Pp. Craven and wife, Loy Me Craven, Defendants << et ee oe ee Now comes the Plaintiff and through its Attorney, Russell W. Whitener, submits to a voluntary nonsuit of the aforesaid action. Now, therefore, upon motion of Russell W. Whitener, Attorney for the Plaintiff, it is URDERED, CONSIDERED, AND ADJUDGED that the Plaintiff takes @ voluntary nonsuit in this action and the said Plaintiff is hereby taxed with the costs, This Monday, November 1, 1937- C. G. Smith Glerk of the Superior Court of Iredell County. By:Consent: Russel] W. Whitener Morey for the Plaintiff. *% Oe ee ee ee ee ee ee 245 id] ‘ ern Td aed F ee ee eee eae aaane?®e le “ay i Cd Te? 2 F 68 2 os Se eg Ss Se eS SSE. oe North Carolina Iredell County The Federal Land Bank of Columbia vs Judgment W. E. Morrison 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 the defendant in this action have agreed between themselves on the matters and differences alleged in the complaint, and by mutual consent and agreement, the defendant agrees that he will make no claim or demand for the land described in the comlaiy; under the contract dated December 29, 1936, and that the plaintiff is the absolut owner of the lands described in the contract, and by mutual consent, the contract dated December 29th, 1936, between the plaintiff and the defendant is to be cancelled, and a non-suit entered in this action. It is, therefore, by mutual consent, ordered and decreed that the contract alleged in the complaint and dated December 29th, 1946, is hereby cancelled and it 1s further ordered that the action be ard it is hereby non-suited and dismisse at the cost of the plaintiff. Dated this 26 day of February, 19),0. Cc. G. Smith Clerk of the Superia Court. Agreed to: Scott & Collier ttorneys for Plaintiff W. E. Morrison In Personam 4 . oe ¢ of se > . . & 4% &@ % 8 % H MO a ae ee neanauneaeet et tH HH He HH SH oe - * STATE OF NORTH CAROLINA IN THE SUPERIOR COURT COUNTY OF IREDELL. JANUARY TERM, 190 D. L. RAYMER, ADMINISTRATOR, C.T.Acy 4 OF THE ESTATE OF W. D. MCLELLAND, ) DECEASED, ET AL 4 -Vs- ) JUDGMENT CARRIE ELLIOTT McLELLAND, INDIVIDUALLY 4 AND CARRIE ELLIOTT McLELLAND, EXECUTRIX }j } OF THE ESTATE OF W. D. MCLELLAND, ET AL This cause coming on to be heard and being heard before his Honors F. Donald Phillips, Judge Presiding at this Term of the Superior court of Iredell County, and it appearing to the Court that the Trial Judge committee t error when this cause was heard before the Court, and that the Supreme or carolina reversed said judgment of the lower court heretofore rendered, of North Tt IS THEREFORE ORDERED that the judgment rendered at the former term by pobbitt, Judge, be stricken out and the judgment of the Supreme Court is hereby in all respects ratified and confirmed, and to this end it is ordered, adjudged and decreed that this cause be and it is hereby remanded to the Clerk of the superior Court of Iredell County, and that agreeably to the terms of the consent judgment rendered at the May 1932 Term of the Superior Court of Iredell County, three commissioners, qualified to act as jurors, be appointed by the Clerk of the superior Court of Iredell County to divide the lands of W. D. McLelland in accor- dance with the terms and provisions of said consent judgment heretofore referred 0s TT IS FURTHER ORDERED, ADJUDGED AND DECREED that Carrie Elliott McLelland be allotted, at a value to be placed thereon by the Commissioners, the W. D. YcLelland home place and adjoining tands (including at least that part of the Yeshaped tract of land lying between the Old Charlotte Road or Mountain Koad and the River Road imnediately in front of the dwelling and adjacent premises}, and such other lands, if any, as are necessary to make up her full one-half share of said real estate, subject to one-half of the valid debts, special legaties and costs of administration, and to allocate to the heirs at law of W. D. McLelland one-half of the real estate, subject to one-half of the valid debts, special legacies and costs of administration, in accordance with the terms and provisions of the consent judgment heretofore referred to. And it appearing to the Court that the dwelling house known as the W. D. McLelland home place has burned since the signing of the consent judgment and that Carrie Elliott McLelland, individually, collected the sum of $1500.00 from insurance carried on said property, and it further appearing to the Court that the said Carrie Elliott McLelland paid all fire insurance premiums carried on the said buildings located on said property after the consent judgment was signed, and that out of the proceeds derived from said fire insurance carried on said dwelling house, the said Carrie Elliott licLelland has built another small dwelling house on said premises, and in addition thereto made necessary improvements to a darn located on said premises and made necessary repairs to a well house and gin house, all of which was paid out of the proceeds derived from said fire Insurance Policy, IT IS THEREFORE ORDERED, CONSIDERED, ADJUDGED AND DECREED that said Comissioners to be appointed by the Clerk of the Superior Court shall pu said original house of $1500.00, in ascertaining the value of the property to % allocated to the said Carrie Elliott McLelland, snd that said Comaissioners till give credit or deduct from this amount the amount spent by the said parece 2 Mott MeLeliand in building said dwelling house and makin ‘nd improvements to the barn, well house and gin house, end the money spent for 247 t a value g the necessary repairs B na aes = a EE Eee — ——_ . a ao — e< 4 ' = RTS ae SUES > SSB Se Ss Bee 5 ee ee premiums for said insurance, and take into consideration in the division the buildings in their present condition. IT IS FURTHER ORDERED that personal property, including the suns deriveg from the lots referred to as Lots 2 and 3, be applied to the debts, special legacies and costs of administration, and if there should be any surplus the sens be divided as directed in the consent judgment hereinbefore referred to, IT IS FURTHER ORDERED AND ADJUDGED that when the indebtedness of the Cstate is fully ascertained, to sether with the special bequests and legacies, and Costs of administration, that Carrie Elliott McLelland be and she is hereby pemnitteg to pay one-half of the indebtedness herein referred to in money, in accordance with the opinion of the Supreme Court, and have her lands released from further oblication except only in the event that the shares allotted to the heirs at lan, together with the personal property, is insufficient to pay the remainder of the valid debts, special legacies and costs of administration, as prayed for in her answer. That no commissioner to sell said lands shall be appointed or no sale be hald for said property until further order of this court, and this cause is hereby retained for further orders. F. Donald Phillips JUDGE PRESIDING. North Carolina, Iredell County. H. Baron and Co., Inc. ) } Vs. JUDGMENT Murray B. Stewart 4 This cause coming on to be heard on motion of non-suit oy Plaintiff. It appearing that the matters have been settled. It is decreed that the action be dismissed at the cost of plaintiff. March 7th, 190. Cc. G. Smith erK oO. ourt. Agreed: R. Ae Collier Atty. 249 yoRTH CAROLINA IREDELL COUNTY IN THE SUPERIOR COURT ¢. Me Steele, F. F. Steele, , Steele, A- P. Steele, Ms Re Rankin, Trading as the statesville Brick Company, hi a Partnereh'P Plaintiffs VS. JUDGMENT , Carlton R. Eller, and wife aa. Carlton R. Eller, Defendants This cause coming on to be heard, and being heard before His Honor, Carl G. Smith, Clerk of the Superior Court of tredell County, upon the motion for non-suit of Land & Sowers, Attorneys for the plaintiff; It is therefore ordered, adjudged and decreed upon the said motion for non-suit that the same is hereby allowed, and plaintiff is taxed with the cost. This 8th day of March, 190. rs C. G. Smith Clerk Superior Court. Wee i ( North Carolina, In the Superior Yourt, Iredell County. Before the Clerk. D. L. Rayger, Jr., Substituted |} Trustee and Vhester 0. Ensign ) ) vs. ' JUDGMENT BY DEFAULT FINAL ) : Mrs. Vernie Bass This cause coming on to be heard before the undersigned Clerk of the Superior Court of Iredell County, North Carolina upon the duly verified complaint of the plaintiffs, and it appearing to the Court that the plaintiffs filed bheir duly verified complaint and caused summons to be issued in this action on Jan. 26th, 19,0, and that said summons was duly served on the defendant, Mrs. Vernie Bass on the 27th day of January, 190, and It further appearing that an order was entered in this cause on the lth day of February, 19.0, allowin; the defendant until March 9th, 190 in which to fle answer, demur or appear in this cause; and, it appearing that more than tirty Hays have elapsed since the date of service of the said summons and that ‘he addtional time allowed by the court has expired and the defendant has neither “ppetred, answered or demurred to the complaint and has not filed bond 4s required and 'Y lew in order to permit her to answer, and that she is now in default, It appearing to the court and the court finding as 2 fact Chester 0. Ensign is the ower and entitled to the immediatelposse SSion of the Lang described in the complaint herein, If IS, THEREFORE, ordered, adjudged and decreed, that the Plaintire ; Chester 0. Ensign, is the owner and entitled to the immediate POSSESSion of tip and that a writ of POSSeSSion Iggy¢ tn this cause to place the plaintiffs, their heirs, lands described in the complaint,herein, assisnees or transferees in possession thereof, IT IS FURTHER ordered and adjudged that the plaintiffs recover judgment against the defendant for the cost of this action to be taxed by the Court This llth day of “arch, 190. C. G. Smith Clerk Superior Court. on to +he be heard, and being heard, and it appearing to the Cour ha aa nay eae ita 7 4ae64 } t urt thet the parties have “cjusted all matters in controversy existing betwee: hem. and +} * . ' them, and the plaintirr that he be allowed to take a non-suit; - £ . . 1 4S tl r rian oP . T : t is therefore ordered, edjudzed and decreed upon the motion of Land é ¢ TA Ye + vowers, Attorneys for the Plaint ff, that he be and he is hereby ellowed to take & non-suit, the plaintirr to pay cost 8. This 5th day of April, 190, C. G. Smith Clerk Superior Court. aH? +e ee eeneneneeeene et? yoRTH CAROLINA , IREDELL COUNTY. . Munro, Receiver of the nell National Bank of New een we HOMISTEAD AND PERSONA Y Vs. PROPERTY EXEMPT Ion J, Paul Leonard. I, J. W. Moore, Sheriff of Iredell County, have this day summoned C. C, Huitt, C. L. Gilbert, J. H. West, as appraisers, to lay off and assign to J, Paul Leonard his homestead and personal property exemption. Each of the appraisers ig a discreet person and qualified to act as a juror in this County. This the 2th day of April, 190, J. W. Moore Sheriff of Tredeltl County APPRAISERS! RETURN The undersiged, having been duly swimoned an worn to act as appraisers of the homested and personal property exemptions aul Leonard, Statesville Tomship, Iredell County, by J. W. Moore, Sheriff, in the case of James ZY, Munro, Recelver of the Richmond Netional Bank of New VY rk, VS. J. Paul Leonard, do hereby make the followins return: No property found. We interviewed the deen ant, J. Paul Leonard, and were advised by him that he owns no real or personal property, except his clothes. We found no apbticles of personal property belonging tw the defendant J. Paul Leonard that exceeded the sun of Five Hundred Dollars ($590.00). We hereby certify that we are not related by bl or marriace to the judgment debtor or the judgment creditor in the action, and have no interest, near or remote, in the above homestead property exemption. Given under our hands and seals, this the 2l:th day of April, 190. Ce C. Huitt (SEAL) Je He West _(SEAI ) ttt te C. L. Gilbert (SEAL) . The above return subscribed in my presence, on the 2):th day ol April, 19,0, v J. W. Moore if Sheriff of Iredell County ByB H. M. Reid, DS. th ot 4 bt tt UM : 5B pee} North Carolina, In the Superior Court, Iredell County. Before the Clerk Eloise Shaver by and through her Next Friend, Mrs. M. E. — JUDGMENT oS eS SS << Bristol, shal ya This cause coming on to be heard, and being heard before the undersigned Clerk of Superior Court for Iredell County, North Carolina, and it appearing to th Court from statements of Counsel for the plaintiff and the defendant that all matters in controversy between the plaintiff and the defendant have been settle and compromised, and that the plaintiff desires to take a non-suit in the above entitled action: t is, therefore, ordered and adjudged that the plaintiff's action be, and the same is hereby, ordered non-suited and dismissed. This the lst day of May, 190. C. G. Smith Clerk “Superior Court. % ch tH ob te tt et OO tO *# aan NORTH CARQGLINA In the Superior Court IREDELL COUNT Before the Clerk Statesville Flour Mills Company JU DGMENT Walter Morrison ) vs. | This cause coming on to be heard, and it appearing to the Court that # matters in controversy have been settled and adjusted between the parties; It 1s now upon the motion of Land & Sowers, attorneys for the plaintiff, ordered and adjudged that this action be and is hereby dismissed. This 4 day of May, 190. Cc. Ge Smith Clerk Supertor Court. 4? aa? eee eee e® 25 Spring Term, 190 yoRTH CAROLINA ) No. 377 g » 19 SUPREME COURT Iredell County Me Me Rickman vs. JUDGMENT R, Je Holshouser and Re J. potham, trading and He pusiness as Mooresville Iron Works This cause came on to be argued upon the transcript of the record 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 said Superior Court. It is, therefore, considered and adjudged by the Court here, that the opinion of the Court, 1s delivered by the Honorable W. A. Devin, Justice, be 3 certified to the said Superior Court, to the intent that the Judgnent is affirmed. And it is considered and adjudged further, that the defendants do pay the costs of the appeal in this Court incurred, to-wit, the sum of seven & 70/100 Dollars ($7,70), and execution issue therefor. Edward Murray . Clerk of the Supreme Court. —< A True Copy: (Official Seal) CARRERE HEHEHHEHRHHEHHEHE HEHEHE SF ( NORTH CAROLINA ) Spring Term, 190 No. 382 SUPREME COURT ) Iredell County. J. L. Thompson ) ) vs. ) JUDGMENT ) Dr. Pepper Bottlers Corp. ) This cause came on to be argued upon the transcript of the record from the Superior Court of Iredell County:- upon consideration where6f, this Court is of opinion that there is no 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 be certified to the said Superior Court, to the intent that the Judgment is affirmed. And it 1s considered and adjudged further, that the plaintiff do pay 0 the costs of the appeal in this Court incurred, to-wit, the sum of Two & 70/10 Dollars ($2.70), and execution issue therefor. Edward Murra erk 0 @ Supreme Court. A True Copy: (Official gear) % % et oe Pitts neocneneoce cnt eee 6s GRnes ee ts sa / ‘ DISTRICT COURT OF THE UNITED STATES OF AMERICA WESTERN DISTRICT OF NORTH CAROLINA At Statesville, N. C. BE IT REMEMBERED, That at a District Court of the United states for the Western District of North Carolina held in the City of Statesville on the 3 day of May, 190 the Honorable E. Y. Webb, United States District Judge presiding ’ when and where the following proceedings were had to wit: IN THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF NORTH CAROLINA ) Civil Action File No. 15 W. L. Briley, Receiver of the First National Bank of Statesville, North Carolina, Vs. DEFAULT FINAL JUDGMENT Albert M. Cooper, Mrs. Rebecca M. Cooper and Mrs. Bertha Cooper ~~ Oe soe Oe MOF This cause coming on to be heard for judgment by default final, and it appearing to the Court that sumnons was issued on 21 March, 19),0, and that it wa returnable as provided by law; that on the same day the plaintiff filed a duly verified complaint with the Deputy Clerk of the Distfict Court, at Statesville, North Carolina, demanding a sum certain in money due on a promissory note, which was executed by Albert M. Cooper and Rebecca M. Cooper and endorsed by Mrs. Berti Cooper, payable to the First National Bank of Statesville, North Carolina; tht a copy of the summons, together with a copy of the Complaint, was served on each of the defendants on 2% March, 190; and it further appearing to the Court thst the time allowed for the defendants to plead has elapsed, and no answer, demurre’, or other pleading, or and it appearing motion, has been filed by the defendants; to the Court that the plaintiff is entitled to judgment as demanded in his Complaint. THEREFORE, IT IS ADJUDGED, DECREED AND ORDERED that the plaintiff recove! of the defendants, and each of them, the sum of Ninetken Hundred Eighteen Dolla and Nineteen Cents $1918.19, of which Thirteen Hundred Twenty-five Dollars and 2 , d Forty-two Cents ($1425.2) 1s principal and Five Hundred Ninety-two Dollars # , teres! Seventy-seven Cents ($592.77) is interest to April 15, 1940, together with in at the rate of Six Per Cent (6%) per annum until paid, and the costs of this action to be taxed by the Clerk of Court. E. Y¥. Webb United states District Fudge for I, Annie Aderholdt, Deputy Clerk of the United States District Om ol said District, at said place, do hereby certify that the foregoing 180 0. gpis perfect Transcript from the Judgment pocket of said Court, in this off . of Transcript to be docketed upon the Jydgment Docket of the Superior Cour”, to Iredell County. I do further certify that the Court costs in this actiem es ($55.15) by the plaintiff, amount to Thirty-three Dollars and Fifteen © ,* IN TESTIMONY WHEREOF, I hereunto set my hand and affixed the seal of gaia court, at office in Statesville, N. C., the 9 day of May, 190. Annie Aderholdt Deputy Clerk U. S. District Court (OFFICIAL SEAL) piled in office of Clerk Superior Court May 9th, 1940 at 11:30 A.M. ( Pavl Hoover, Deputy C.S.C. __ a aaeee eee er eeererrr ee eeretr eee eee 25 0 IN THE SUPERIOR COURT FIRST WEEK - MAY TERM, 190 257 MONDAY, MAY 20th, 190. yoRTE CAROLINA, IN THE SUPERIOR COURT, enELL COUNTY. MAY TERM, 190 “ Be it remembered that a County Superior Court was begun and held in and for f the comty and State aforesaid at the Courthouse in Statesville, N. C. on the 20th Hie | | day of May, 19,0, at 10:00 o'clock A.M., when and where His Honor, F. Donald Phillips, m 4 Judge Presiding and Holding Courts in the Fifteenth Judicial District of the State of i , forth Carolina, during this the Spring Term, 190, is present end presiding, and the | | gonorable Charles L. Coggin, Solicitor and Prosecuting Attorney for the Fifteenth Judicial District of North Carolina, is present and prosecuting in the name of the ! state, and John W. Moore, High Sheriff of Iredell Comty, is present and opened 8 court by order of the Court. 0 John W. Moore, High Sheriff of Iredell County returns into open Court the Yh names of the following good and lawful men to serve as jurors for this the First ‘ Week of the May Term, 1940, Iredell County Superior Court, to-wit: i j E. R. London E. H. Critz C. E. Morrison if T. Le Adams F. T. Loftin N. E. Brown : R. B. Patterson T. O. Ervin Je Paul Gilbert i | W. L. Hare E. D. Mayes Le Ae Black al C. L. Kelly J. Le Reid Vv. E. Lackey ‘ | 0 0. Overcash Ace Holland Re. C. Kinder A. B. Young T. M. Rickert J. C. Cartner R. L. Howard C. V. Stewart A. H. Cooper C. L. Kelly, not returned. F. T. Loftin and J. Paul Gilbert, excused by the Court. W. L. Hare, fhis person was duly subpoenaed and summoned for Jury duby. He was duly called out by the Sheriff in Open Court and failed to answer. It is therefo'e ordered by the Court that Instanter process issue for the defendant and he is herewith fined in the sum of $20;00 and the cost. ie C. E. Morrison. This person was duly subpoenaed and summoned for Jury duty. | He was duly called out by the Sheriff in Open Court and | failed to answer. It is therefore ordered by the Court that Instanter process issue for the said C. E. Morrison | and he is herewith fined in the sum of $20.00 and the cost. H., E. White, Deputy Sheriff, sworn 4s officer to the Grand Jury. / Yo, st de ) A.W.D.W. WITH INTENT TO KILL. ; ate -Vs~ } 46 °F. Blevins ) Alias Instanter Capias. No, Stattt _ COMPLIANCE WITH COURT ORDERS. Ho 5 Pe M+ Lippard ) Continued under former orders. No, Stata avs COMPLIANCE WITH COURT ORDERS. 8 7” mel Hatt } Continued under former orders. ed ge err te Se No. 58 State -vs- Robert Hunt No. 69 State -vs- Thomas Wm. Chandler No. 73 State <-vs- G. S. Washburn No. 80 State -vs- Andy Moose No. 92 State -vse= Glenn Privette Noe 95 State -vs- Jimmie Campbell No. 102 State -vs- Mrs. Mary McDonald No. 104 State -vs- R. P. Wilhelm No. 105 State -vs- Felton Dalton No. 107 State -vs- Buck Brown No. 140 State -vs- Charlie Daniel No. 131 State -vs- Eugene Johnson No. 132 State -vs- Howard Pruette No. 143 State -vs- Hubert Sherrill ' Noe 155 State -vs- S. B. Johnson No. 156 State -vs- Wilmer Harris } o<— —_—< <> -<— — oS oo! oo oo >> —2>- oOo —- <— <_< < IN THE SUPERIOR COURT FIRST WEEK -- MAY TERM 190 MONDAY, MAY 20th, 190 NON COMPLIANCE WITH COURT ORDERS. Alias Instanter Capias. NON COMPLIANCE WITH COURT ORDERS. Alias Instanter Capias. NON COMPLIANCE WITH COURT ORDERS. Alias Instanter Capias. COMPLIANCE WITH COURT ORDERS. Continued under former orders. NON COMPLIANCE WITH COURT ORDERS. Alias Instanter Capias. NON COMPLIANCE WITH COURT ORDERS. Alias Instanter Capias. DISTURBING RELIGIOUS WORSHIP. Continued under former orders. COMPLIANCE WITH COURT ORDERS. Continued under former orders. COMPLIANCE WITH COURT ORDERS. Continued under former orders. COMPLIANCE WITH COURT ORDERS. Continued under former orders. COMPLIANCE WITH COURT ORDERS. Continued under former orders. COMPLIANCE WITH COURT ORDERS. Continued under former orders. COMPLIANCE WITH COURT ORDERS. Continued under former orders. ABANDONMENT & NON SUPPORT OF HIS MINOR CHILD. Continued under former order. COMPLIANCE WITH COURT ORDERS. Continued under former orders. NON COMPLIANCE WITH COURT ORDERS. Defendant called and failed. Judgment Nisi, In and Instanter Capias. a7 stanter sei F ( Noo 174 ate @V8s- eens Seagraves / NO» 17 a State -ve~ arcnie Seagraves ( NOs 176 State -VS~- Archie Seagraves [ No. 188 State -vS~ Donald Troutman oS No. 19) tate -vs- Robert McVay Troutman / No. 196 State -vs- Kenneth Gibson ( No. 199 State -vs- Paul Beaver ( No. 203 tate -vs- Mack Bustle v No, 205 State -ys- Frank W. Long fo 216 o<JS< >> <> oS <2o-<"-<—_ State -vs- Bugene Gray ) { lo 239 State -vg. Shirley Huffman oOo. -o No. 2h0 State «vs. Artell Nanny i Yo, State “Va= Charles Green ( No. 25) o<— State v3. Yates White ) No, 2 State vy, Yates White } FIRST WEEK - MAY TERM, IN THE SUPERIOR COURT 209) 19.0 MONDAY, MAY 20th, 190 TRANSPORT & POSSESS UNTAXPAID LIQUOR FOR SALE. Alias Capias. Defendant is permitted to give $200.00 Justified Bond for his appearance at the August Term, 19,0, Iredell Superior Court, to be tried for the above offense. DRIVING DRUNK. ‘Md Alias Capias. Defendant is permitted to give $200.00 Justified Bond for his appearance at the August Term, 190, Iredell Superior Court, to be tried for the above offense. HIT & RUN DRIVING. Alias Capias. Defendant is permitted to give $200.00 Justified Bond for his appearance at the August Term, 190, Iredell Superior Court, to be tried for the above offense. COMPLIANCE WITH COURT ORDERS. F y Continued under former orders. if ) COMPLIANCE WITH COURT ORDERS. ) Continued under former orders. Hon COMPLIANCE WITH SOURT ORDERS. Continued under former orders. COMPLIANCE WITH COURT ORDERS. r Continued under former orders. ABANDONMENT & NON SUPPORT OF HIS ILLEGITIMATE CHILD. Alias Instanter Capias. FORGERY. Alias Instanter Capias. NTD POSSESS UNTAXPAID LIQUOR FOR SALE AND DID SELL. sive a $150.00 Justified srmitted to Alias Capias. Defendant is perm Term of Iredell Bond for his appearance at the August, 1940 Superior Court. COMPLIANCE WITH COURT ORDERS. Continued under former orders. COMPLIANCE WITH COURT ORDERS. Continued under former orders. DRIVING DRUNK (Non Compliance With court Orders) Defendant called and Failed. Judgment Nisi Instanter Sci Fa and Instenter Capias. POSSESS TAXPAID & UNTAXPAID LIQUOR FOR SALE. Continued until August Term, 190. POSSESS UNTAXPAID LIQUOR FOR SALE. Continued until August Term, 190. No. 233 State vs : Carston Chappell Noe 23) State vs Carston Chappell Noe 2355 State vs Vance Heath No. 236 State vs Vance Heath No. 26% State -vs- Dock Davis No. 26) State -vs- Dock Davis No. 265 State -vs- Dock Davis Noe 254 State -vs- John Henry Griffin / No. 260 State -vs- M. E. Brookshire No. 253 State -vs- Bill Kitchings “@ IN THE SUPERIOR COURT FIRST WEEK - MAY TERM, 190 MONDAY, MAY 20th, 190 FORGERY The defendant, through his attomey, John R, McLaughli tenders a plea of GUILTY OF ATTEMPT TO COMMIT THE FELQ?’ OF FORGERY, which plea the Solicitor accepts, Oi [> This case is consolidated with Case No. 23 (below) ¢ judgment. * FORGERY. The defendant, through his attorney, John R. McLaughlin tenders a plea of GUILTY DF ATTEMPT TO COMMIT THE FELowy OF FORGERY, which plea the Solicitor accepts. oLYo ><> This case and Case No. 244 are consolidated for judgment as follows: Let the defendant be confined in the common jail of lrede}) County and assigned to work under the supervision and direct: of the State Highway and Public Works Commission for a siriol of TWELVE MONTHS. ; FORGERY. The defendant, through his attomey, Hugh G. Mitchell, tenders a plea of GUILTY OF ATTEMPT TO COMMIT THE FELONY OF FORGERY, which plea the Solicitor accepts. CoS >< This case 4s consolidated with Case No. 236 (below) for judgment. FORGERY. The defendant, through his attorney, Hugh G. Mitchell, tenders a plea of GUILTY OF ATTEMPT TO COMMIT THE FELONY OF FORGERY which plea the Solicitor accepts. oo This case and Case No. 235 are consolidated for judgment as follows: Let the defendant be confined in the common jail of Iredell County and assigned to work under the supervision and direction of the State Highway and Public Works Commission for a perid of TWELVE MONTHS. HOUSEBREAKING, LARCENY & RECEIVING. A TRUE BILL. HOUSEBREAKING, LARCENY & RECEIVING. el A TRUE BILL. HOUSEBREAKING, LARCENY & RECEIVING. <o<—_ <> A TRUE BILL. POSSESS UNTAXPAID LIQUOR FOR SALE AND DID SELL. <_<—_-><—_ Fe Defendant Called and Failed. Judgment Nisi, Instanter sol and Instanter Capias. KE): OPERATING A MOTOR VEHICLE WHILE HIS DRIVERS LICENSE 18 RV <—o-<—<_ Fs Defendant Called and Failed, Judguent Nisi, Instenter S* and Instanter Capias,. wat. | ALLOW STOCK (HOGS) TO RUN AT LARGE IN VIOLATION OF STOcH Continued by consent until August Term, 190. ( NOe 63 state ( Noe 6, State ¥8 b r, Ernest Carver / Noe 2h43 State vs Ernest Carver { No. 2h) State vs Ernest Carver J Yo. 263 State vs Dock Davis v Noe 26 State “Vs- Dock Davis Jv No. 26 State ? vs a Dock Davis No. 200 State «vs. DeWitt McCurry ~ FIRST WEEK - MAY TERM, 190 SoS IN THE SUPERIOR COURT 261 MONDAY, MAY 20th, 19)0 FORGERY. The defendant pleads Guilty. Let the defendant be confined in the common jail of Iredell County and assigned to work under the supervision and direction of the State Highway and Public Works Commission for a period of SIX MONTHS. GIVING WORTHLESS CHECK. The defendant pleads Guilty. Let the defendant be confined in the common jail of Iredell County and assigned to work under the supervision and direction of the State Highway and Public Yorks Commission for a period of SIX MONTH, this sentence to take effect and commence at the expiration of sentence imposed in Case No. 63. FORGERY. The defendant pleads Guilty. Let the defendant be confined in the common jail of “redell County and assigned to work under the supervision and direction of the State Highway and Public Works Commission for a period of SIX MONTHS, this sentence to take effect and commence at lsaaal the expiration of sentences imposed in Case No. 63 and 6). Be FORGERY. The defendant pleads Guilty. Let the defendant be confined in the common jail of Iredell bias County and assigned to work under the supervision and direction of the State Highway and Public Works Yom ission for a period of SIX MONTHS, this sentence to take effect and commence at the expiration of sentences imposed in Cases Nos. 6%, 6 and 2h3 . BREAKING, ENTERING & LARCENY. The defendant pleads Guilty. This case is consolidated with los. 26h and 265 (below) for judgment. BREAKING, ENTERING & LARCENY The defendant pleads Guilty. ‘nis case is consolidated with Bases Nos. 26% and 265 (see below) for judgment. BREAKING, ENTERING & LARCENY. The defendant pleads Guilty. This case and Cases Nos. 263 and 26), (above) are consolidated for judgment as follows: 1s Central Prison, at . tate Let the defendant be confined in S THAN FIVE YEARS NOR LESS Raleigh, N. C. for @ period of NOT LE MORE THAN TEN YEARS, at hard labor. BREAKING, ENTERING & LARCENY Continued by consent until August Term, 190. { Noe 271 State vs b C. C. Brooks, alias Tennyson Brooks No. 261 State vs Harry Kale No. 262 State vs “a Harry Kale 4 No. 2)8 State -vs- ' : } ; ) Sc ee } : } : "STATE OF NORTH CAROLINA IN THE SUPERIOR COURT FIRST WEEK - MAY TERM, 190 MONDAY, MAY 20th, 19)0 BREAKING, ENTERING & LARCENY. The defendant pleads Guilty. Let the defendant be confined in the common Codunty and.assigned to work on the roads und and direction of the State Highway und Public Works corr for a period of NOT LESS THAN TWO YEARS NOR MOR $8 ion YEARS. E THAN THREE jail of Tredel} MURDER. The Grand Jury in a body, the Foreman and sixteen present, return into open Court a TRUE BILL of Tndie tment being charging Harry Kale with the Capital Offense of MURDER said Bill of Indictment being in words and figures as follows: SUPERIOR COURT Iredell County. May Term, 190 THE JURORS FOR THE STATE UPON THEIR OATH PRESENT: That Harn Kale, late of the County of lredell, on the 17th day of Februn A.De, 1940, with force and arms, at and in the said Comty, _ unlawfully, willfully, feloniously, and of his malice afore thought, did kill and murder Ed Plott, contrary to the forn of the statute in such case made and provided, and against the peace and dignity of the State. Charles L. Coggin Solicitor . "No. 261 £24.73 vs a Kale INDICTMENT MURDER WITNESS: H. M. Reid xX D. E. Hayes C. Re. Bailey Je W. Moore xX W. G. Perkins X Wilson Perkins Plott Those marked X sworn by the under- signed Foreman, ond examined before the Grand Jury, and this bill found Coes ecceccces . A TRUE BILL J. Pe. Patterson Foreman of the Grand Jury. At the presentment of the above Bill of Indictment in gh Court the defendant, Harry Kale was present in open Court my custody of the High Sheriff of Iredell County, and nie ete Messrs. Raymer & Raymer and Lewis & Lewis of Statesville, ™ Messrs. Scott & Collier, attorneys, appear with the State Private Prosecution in this case. ed NOt The prisoner, Harry Kale, was duly arraigned and plesd hargeds GUILTY to the bill of Indictment with which he stands © ASSAULT WITH DEADLY WEAPON, WITH INTENT TO KILL. A TRUE BILL. BREAKING, ENTERING & LARCENY Lester Coy Robertson} A TRUE BILL. / yo, 248 state vs tester COV ( Noo 25), State jot Henry Griffin ( No. 269 State vs Rdgar Moore ¥ No. 2h6 State vs Berry Tatum / No. 273 State vs Berry Tatum { No. 2h6 State vs Berry Tatum” ‘ No. 270 State -VS- Ralph Shu ( Yo, fn vs Lonnie P. Claywell / No. 266 State Vs BIBi1 Bell FIRST WEEK - MAY TERM, 290 Robertson} : ' “4 4 el <—_— IN THE SUPERIOR COURT MONDAY, MAY 20th, 190 BREAKING, ENTERING & LARCENY. The defendant pleads Guilty. Let the defendant be confined in the common Jail of lredell County and assigned to work under the superivison and direction of the state Highway and Public “orks Commission for a period of EIGHTEEN MONTHS. POSSESS UNTAXPAID LIQUOR FOR SALE AND DID SELL. The defendant pleads Guilty. Let the defendant be confined in the Common jail of Iredell Cowmty and assigned to work under the supervision and direction of the State Highway and Public Works Commission for a period of FOUR MONTHS. DRIVING DRUNK. Defendant called and Failed. and Instanter Capias. (If defendant is not taken on Instanter Capias until after this Court adjourns for the Term then the defendant shall be allowed to give a $300.00 Justified Bond for his appear- ance at the August Term, 19,0, Iredell Superior Court and upon his failure to file such a bond, shall be held in jail until his trial) LARCENY & RECEIVING. A TRUE BILL. LARCENY & RECEIVING. The defendant tenders a plea of Nolo Contendere. This case is consolidated with Case No. 26 (below) for judgment. LARCENY & RECEIVING. The defendant pleads Guilty. Let the defendant be confined in the common jail of Iredell County amd assigned to work under the supervision eid direction of the State Highway and Public Works Commission for a period of EIGHTEEN MONTHS. BREAKING, ENTERING & LARCENY A TRUE BILL. “~ HAVING CARNAL KNOWLEDGE OF GIRL UNDER 26 YEARS OF AGE BUT OVER 12 YEARS OF AGE. A TRUE BILL. EMBEZZLEMENT. & A TRUE BILL. 263 Judgment Nisi, Instanter Sci Fa bi | IN THE SUPERIOR COURT FIRST WEEK - MAY TERM, 19)0 MONDAY, MAY 20th, 190 IN THE SUPERIOR COURT : 6 PIRST WEEK -- MAY TERM, 190 MONDAY, MAY 20th, 19h0 265 er ener ie eeiceemieneee ated ASSAULT WITH DEADLY WEAPON WITH INTENT T F Bee 250 0 KILL, T. N. Gilleland Statesville ; “ ) A TRUE BILL. ’ T,. O. Hoke Statesville Roy Davidson ' H. C. Ostwalt Statesville y R. M. Cleary Statesville i Wm. A. Hethcox Boddle Creek Zz I. K. Day Coddle Creek me : L KNOWLEDGE OF . J. N. Anderson Lackey Statesville i my No. 267 tn KNOWLEDGE OF GIRL UNDER 16 YEARS BUT OVER 12 p, E. M. Hicks Statesville ‘: ra io 4 P. V. Brawley Coddle Creek . aah D. G. Snow Statesville ae Roy Mattox } A TRUE BILL. Fred T. Slain Statesville ry F. S. Benfield Statesville ‘aa M. C. Goforth Statesville i , No. 270 } BREAKING, ENTERING & LARCENY 7 — pte td eel bh r i a a ee a W. G. Hall Statesville a Ph ai } ve S. P. Pritchett Bethany / — - The following jury: T. L. Adams, R. B. Pat E. 0. Lipe Davidson f © & J? se de » Ke Be. Patterson, A. B. Youn Clarence Stimson, Jr. Statesville R. Le Howard, E. H. Critz, E. D. Mayes, J. L. Reid, a : z ’ » Ace Hollen T. S. Williamson Coddle Creek : T. Me. Rickert, C. V. Stewart, N. E. Brown and L. 4, Bl ‘ ite mite de een ¢ A. Black was J. Re Kimbrough, Statesville | J - ' W. D. Mott Statesville | ee on , Pending trial, Court takes recess until Tuesday Morning, Me . 8. — Soddie Gresk r | 21st, 1940 at 9:30 o'clock A.M &» May E. W. Wilhelm oddle Cree P ’ “ a G. H. Mitchell Statesville ‘ V. P. Redmond Statesville J. W. Lackey Statesville . J. Allen Suther Statesville - ale J. E. Durham Fallstown ae > an MURDER . E. L. Mayberry Statesville he vs T he prisoner in open Court was duly arraigned and pleaded lot _ - _— a Harry Kale Guilty to the bill of indictment. Tra D. Hefner Statesville After the affiagnment of the prisoner, after he had pleaded to the bill of indictment, it appeared to the Court that it ms por r necessary that a special venire be drawn to try the above -: entitled case. Counsel for the defendarit, Messrs. Raymer t& N THE SUPERIOR COURT i" a Raymer and Lewis & Lewis, requested that the jury be dram ee See ey tn Se : ) from the box. The Court granted the request of counsel for , F : . : 1 ¢ the defendant and ordered that the Register of Deeds produce State ) and bring into open Court the jury list of the County of P \ ORDER - Iredell, whereupon the Register of Deeds, in person, produced — uae Kale ) into open Court in the presence of the Defendant and his cous arry the ju box of the County of Iredell, whereupon the names 0 ; = : . the Ml in Box No. 1 wowe thoroughly shana’ te the — of To the High Sheriff of Iredell County, Greetings: the Court and th t defendant and his counsé+, ' and a child ones SS of oe Ce aver from the box ti The following named jurors having —— at following named jurors to be and appear, under order of this as provided by law to serve as jurors cause, you are therefore ordered and commanded forthwith to Court, at the Courthouse in the City of Statesville, Com summon said jurors, if to be found in your county, to be and of Iredell, at 2:00 o'clock P.M. on May 2lst, 190, in onder that so many of the same as are selected, sworn and empane]l+é re ese teseiay, not 190, > ee a ae =. serve as jurors in the trial of said case of State -v8 eae Sager .- eee may be chosen, sworn ae arry Kale: selected, may serve as jurors in the trial of the avove The first juror's name drawn from the box is one Ce . et te entitled cause. It appears to the Court, and the Court finds as a 7ac ' z juror is out of ‘the State of North Carolina, therefore nis Of this writ fail not and make due return thereof } name i 1 r is dram a placed to one side and another juro This the 20th day of May, 19)0. | F, Donald Phillips L. C. Steele Statesville Township Judge Presiding F. = Freeland Chambersburg ae ames . I. Guy gta teeriine (For list of jurors som ere the box, pe sta the name Le > Je Cs drawn from the box starting on ae his ts Eton are eeretee Steele and ending on page 265 with the name Ira D C. J. McCoy Statesville . the box The prisoner at the Bar, Harry Kale, in the presence of the A juror by the name of T. M. Warren,was drawn from t the ty, is remanded to jail. It appears to the Court, and the Court finds as a fac = High Sheriff of anes * SEPT s 4de f said juror is dead, therefore his name is placed to one § and another juror is drawn in his stead. This Honorable Court takes. recess until Tuesday Morning, May 21st, 190, E. L. Harmon, Sr. Statesville at W. O. Poole, Statesville 7 aon “— W. H. Turner Statesville J. A. Freeze Fallstown T. J. Christopher Statesville W. P. Lippard Statesville C. N. Wallace, Jr, Coddle Creek O. D. Howard Coddle Creek Je H. Cline Statesville IN THE SUPERIOR COURT FIRST WEEK - MAY TERM, 190 TUESDAY, MAY 21st, 1910 IN THE SUPERI® COURT FIRST WEEK - MAY TERM, 190 267 TUESDAY, MAY 21st, 190 oS i 4s Honorable Court convenes accordin oa ; This gt adjournment on Tuesday Morn ing @, be Hair § It opgpere from the Doctor's certificate filed with the Court ! May 21st, 190 at 9:30 o'clock AsMe. ; Juror ) that W. L. Hair is sick and is confined in bed at his home 4 ’ and is unable to attend Court as a juror. It is therefore ; ordered that the order heretofore made calling out the juror and fining him in the sum of $20.00 ; stricken out. . be, and the same is hereby No. 268 } HOUSEBREAKING, LARCENY & RECEIVING. . State -vs- ) / oN James Jolly ) A TRUE BILL. tb fo. 25 | The defendant pl e defendan da No. 268 HOUSEBREAKING, LARCENY & RECEIVING. - a en ee State ' smith The following jury: V. E. Lackey, R. C. , vs } It appears to the Court that the defendant is und John Henry ae ik. a — Pe ys C. Kinder, J. C. te James Joll } of 16 years. .The Court theref er the age : per, B. R. Landon, 0. 0. Overcash, tT. i } ' with all rocess i a here Ore remands this case tegetie Ervin, P. A. Shinn, A. A. Cartner, B. C. Howard, N. Pe Stout iF a. p s issue erein to the Juvenile Court of Ire.) and C. S. Wilson, being duly sworn and empanelled, answer if v . and for their verdict say they find the defendant GUILTY as i charged in the bill of indictment. It is judgnent of the Court that the defendant be confined 4 a at ABDUCTION. in States Central Prison at Raleigh, N. Ce, at hard laser, al t rr ma a \ A TRUE BILL. o wear stripes, for a period of FIFTEEN YEARS. ¥) ny John Henry Smith ) 4, ‘ NORTH CAROLINA, IN THE SUPERIOR COURT, | IREDELL COUNTY. MAY TERM, 190 af iy No. 259 EMBEZZLEMENT State, ) pa fs: State -vs-~ 23 ; nm Vv . DER ty » i James W. Freeze ) A TRUE BILL. Jom Henry Smith OR DSE a In the trial of the above mentioned case at this, the May r ; i ™ ; : Term, of the Superior Court of Iredell County, upon the ne es HOUSEBREAKING, LARCENY & RECEIVING. charge of abduction of a female child under the age of 1} t ~ a years, the evidence in the case disclosed, if true, that ; G. Roy Washam ) A TRUE BILL. the defendant is guilty of the capital crime of rape, but a that the crime was consummated, if at all, in the County ij : of Mecklenburg, therefore it is ordered by the Court that Noe 272 ? : the defendant be held by the High Sheriff of +redell County, aon 1 } HOUSEBREAKING, LARCENY & RECEIVING. after judgment has been pronounced by the Court in the case . 2 ” ) The defendant pleads Guilty. . in which he was convicted in Iredell County, for the action a ". Was! ) Judgnent of the Court is let the defendant be confined in te of the Grand Jury in the County of Mecklenburg, and that, Ge Roy Washam ) common jail of Iredell County and assigned to work on the ross upon request from the High Sheriff of Mecklenburg County, under the supervision and direction of the State Highway and the defendant be delivered to the High Sheriff of Mecklenburg Public Works Commission for a period of NOT LESS THAN BIGHT County to answer the capital charge of Kape. MONTHS NOR MORE THAN THIRTY MONTHS. It is further ordered by the Court that George Lambert, Ella Lambert, J. C. Rumple, J. I. Thomas, Dr. Lonrie Little No. 270 ; : Dorothy Milling and Edna Milling, be recognized by the Clerk State ) BREAKING, ENTERING & LARCENY. of this Court in the penal sum of $50;00 each for their vs : personal appearance at the next criminal term of Mecklenburg Ralph Shue ) The following jury: 1. L, Adams, R. B. Patterson, Ae B. hep Superior Court which convenes on June 10, 190, as State's . ) R. L. Howard, &. H. Critz, E. D. Mayes, J. L. Reid, Ace Ho els witnesses in said case. T. M. Rickert, C. V. Stewart, N. E. Brown and L. A. Black, os duly sworn and empanelled, answer, and for their verdict ae It is further ordered by the Court that a copy of this order find the defendant GUILTY as charged in the bill of indie be forthwith transmitted by the Clerk of the Superior Court I ed in of Iredell County to Hon. John G. Carpenter, Solicitor of the t is judgnent of the Court that the defendant be confine |, 1th Judicial District. ) phot Central Prison, at Raleigh, N. C. at hard Labor 13 F. Donald Phillips stripes, f ° § oan ie a period of NOT LESS THAN FIVE YEARS Judge Presiding / be ss coming in of the verdict the defendant moves : eel aside verdict on the grounds that, as the def endan f No. 2 r ear was not sufficient evidence to convict the ae State ove LARCENY & RECEIVID- cr 0 me charged beyond a reasonable doubt, and yotson Paul Freege ) A TRUE BILL. committed by the Court in the progress of the trial. ce denied. Exception Jud a the defe ant { . gnent pronounced an . and in open Court gives notice of appeal to the Supreme 0° Further notice waived. No, 256 bo wit State avs } LARCENY & RECEIVING. By consent, the defendant is al 0 days in which 00 Paden Moor ) up and serve statement of oane atone mA the State ag *n Moore Thompson } A TRUE BILL. 30 days thereafter to serve countercase or file excoptemrie { Appearance bond fixed in the sum of $5000.00, ee oe oT ‘ pproved by the Clerk of this Court. Appe® {ents Oe 2 the sum of $100.00 and the same is adjudged to be suf fic Ste ers EMBEZZLEMENT ame SW. Freeze } Continued until August Term, 1940. "e No. 255 a State -vs- i Paul Freeze LW No. 256 mii State -vs- e Paden M. Thompson i | at. | Be ay Noe 267 State 1 . 4 vs I Roy Mattox | F 1 i Noe 257 State vs ;' Charlie Jones No. 258 State vs Will Gibson Noe 29 State -<vs- Jess L. Parker State -vs- James Scott SS o<€S IN THE SUPERIOR COURT FIRST WEEK - MAY TERM, 19),0 TUESDAY, MAY 21st, 190. LARCENY & RECEIVING. Continued until August Term, 19). LARCENY & RECEIVING. Continued until August Term, 19),0. HAVING CARNAL KNOWLEDGE OF GIRL UNDER 16 YEARS OF AcE BI OVER 12 YEARS OF AGE. The defendant pleads Not Guilty. The following jury: T. L. Adams, R. B. Patterson, A. B. you; R. L. Howard, E. H. Critz, E. D. Mayes, J. L. Reid, Ace” Holland, T. M. Rickert, C. V. Stewart, N. E. Brom and L. 4 Black, being duly sworn and empanelled, answer, and for thelr verdict say they find the defendant GUILTY as charged in the bill of indictment. Judgment of the Court is, let the defendant be confined in the common jail of Iredell Cowmty and be assigned to wor around the jail, Courthouse or other County premises, under the supervision and direction of the High Sheriff of Iredell County for a period of TWELVE MONTHS. BREAKING, ENTERING & LARCENY. The defendant pleads Not Guilty. The following jury: V. E. Lackey, R. C. Kinder, J. C. Cartner, A. H. Cooper, E. R. London, 0. 0. Overcash, A. A. Cartner, B. C. Howard, N. P. Stout, C. S. Wilson, J. C. McNeely and J. C. Thompson, being duly sworn and empanelled, answers, ani for their verdict say they find the defendant GUILTY as charst in the bill of indictment. Judgnent of the Court is, let the defendant be confined in t# common jail of tredell County and assiged to work on the rosis under the supervision of the State Highway and Public Works Commission for a period of TWELVE MONTHS. BREAKING, ENTERING & LARCENY ; The defendant, through his attorney, Z. V. Turlington, pleads Not Guilty. Cartnet The following jury: V. E. Lackey, R. C. Kinder, Je Ce a A. H. Cooper, E. R. London, 0. 0. Overcash, A. A. Cartner, 6, C. Howard, N. P. Stout, C. S. Wilson, J. C. McNeely and Je Thompson, being duly sworn and empanelled, answer, and for - verdict say they find the defendant GUILTY as charged in tle bill of indictment. Judgment of the Court is, let the defendant be confined 10 common jail of Iredell County. and assigned to work on io under the supervision and direction of the State Highway Public Works Commission for a period of TWELVE MONTHS - LARCENY & RECEIVING. os 10 NO? A TRUE BILL. The Solicitor therefore takes ® Nol Pr this action and the same is dismissed. RAPE. fensé It appears that the State's material witness to a charged is dead, the Solicitor therefore takes ® in this came. IN THE SUPERIOR COURT FIRST WEEK -- MAY TERM, 19)0 TUESDAY, MAY 2lst, 19)0. 269 211 ) LARCENY (Non Compliance With Court Orders and Violation of of Probation. 6 prooks ) The Court finds as a fact that the defendant has violated the terms and conditions of the judgment entered in this case on November 13th, 1949, and has violated the terms of his probation in that he did, on Monday, May 20th, 190, ee Guilty, in this Court, to a charge of Breaking, mtering and Larceny, and upon the Solicitor and Mr. T. De Stokes, Probation Officer for the Sixth District, praying the judgment of the Court, it is thereupon ordered that the defendant be confined in the common jail of Iredell County and be assigned to work on the roads under the super- vision and direction of the State Highway and Public Works Commission for .a period of TWO YEARS as heretofore imposed. This sentence to begin and run concurrent with sentence imposed in Case No. 271. toe 269 DRIVING DRUNK. State -vSs- Edgar Moore oLKoor— Continued wmtil the August Term, 190. ‘To 266 } EMBEZZLEMENT. tate -vs- 4 3. Bill Bell ) Continued until the August Term, 190. North Carolina In the Superior Court Maw ° rm } Iredell County May Term, 190 State ) NO. 261 vs MOTION TO QUASH BILL OF INDICTMENT. ) Harry Kale ) The defendant, Harry Kale, files this plea, and alleges and avers: = That he ought not to be compelled to answer the bill of indictment iia found at this term of Superior Court for Iredell County, North Carolina, Ragted aA said bill of indictment was not found by &8 properly drawn and constitutec Oia aa Jury in that the names of the Grand Jury were not placed in a box into os ai oe ’ marked "1" and "2" as required by Sections 2313, and 231, Ne Ce Come 7 27th) the names of the Grand Jurors were drawn from a box divided into thirty- tances sections; and, that the child drawing the names of said Grand = ise) seotions the defendant is informed and believes, from which of said thirty-two (3 each name was to be drawn. D 2. rf s & L is The defendant, through his attomeys, Raymer & Raymer and ee iets tater this plea &nd move to quash the bill of indictment, in wes Ne eu indictment has not been properly found by 2 proper Grand ‘er te ar e411 of Iredell County, North Carolina, and further moves that this charg of indictment be dismissed. da Wherefore, the defendant asks that said bill of indictment be quashe and this cause dismissed. Raymer & Raymer Lewis & Lewis By: Ra r & Raymer 7 re & Lewis Lew* Kttomeys ror the Def endant at he has read the above plea "tans to the best of the affiant' s to be true. Harry Kale Harry Kale, after being duly sworn, sayS; ind motion, and that the facts set forth therein are Mowledge and belief, and that he believes said fact ; to and subscribed before me, the 21 day of May, 1940 Sworn thi sae Heyy! No. 261 "4 State vs Harry Kale No. 261 State vs Harry Kale ! 4 <— oe IN THE SUPERIOR COURT FIRST WEEK - MAY TERM, 190 TUESDAY, MAY 21st, 190 MURDER. The defendant is present in person, in custod Moore, High Sheriff of Iredell County, and his att Messrs. Raymer & Raymer and Lewis & Lewis are Beastie ie in person. present y of J. W, After the defendant had been arraigned in o presence of his counsel and after having pi of Indictment, after the special venire had been draw special venire in Court, and after the case had been oh for trial, the written motion to quash as appears of a led was made by counsel representing the defendent, ecord pen Court in th eaded to the pi) fhe Court finds as a fact that the Grand Jury which foug the bill of indictment against the defendant in this cage drawn as testified to by the High Sheriff of Iredell Siete finds as a fact that there was no fraud in the drawing of si; jury and that the same was done in good faith and was go on for the purpose of proportionately distributing the number jurors from each precinct in the County of Iredell, and for 1g other reason. The Court finds as a fact that otherwise th - jurors were regularly qualified jurors and regularly dram, The Court further finds as a fact that this is a six-months Grand Jury, the same having been sworn and empanelled at the first Term of Court after the First day of January, 190, The Court further finds as a fact that there was no question raised as to the qualifieations of the jurors, and that th only irregularity complained of was the way and manner in which the same was drawn by the County Commissioners. The motion is denied and the defendant in apt time excepts. MURDER : The prisoner, Harry Kale, is present at the bar in his om proper person, in custody of J. W. Moore, High Sheriff of Iredell County, whose prisoner he is. Messrs. Raymer & Rayner and Lewis & Lewis, defendant's counsel are also present. In obedience to the order directed by this Court to the Sheriff, the High Sheriff of Iredell County returns into open Court the names of the following good and lawful men, duly drawn from the jury box in the presence of the Court, the prisoner at the bar, Harry Kale, and the defendant's Counsel and Solicitor, to serve as a Special Venire in this case, to-wit: Le C. Steele T. O. Hoke F. S. Freeland H. C. Ostwalt T. S. Williamson 0. W. Watts R. M. Cleary J. R. Kimbrough J. I. Guy Wm. A. Hethcox W. D. Mott J. C. McLean I. Ke Day Tom C. Kennerly Roy J. Levan J. Anderson Lackey &. W- Wilhelm O. J. McCoy E. M. Hicks G. H. Mitchell E. L. Harmon, Sr. Pp. V. Brawley v. P. Redmond W. 0. Poole D. G. Snow 3. U, ieee. W. He Turner Fred T. Slain J. Allen Sut J. A. Freeze F. S. Benfield J. B. Durban T. J. Christopher M. C. Goforth E. L. Mayberry W. P. Lippard A. P. Steele R. A. Hill C. N. Wallace, Jr. Lewis Carter Ww. R. Come . 0. D. Howard W. G. Hall ize 5. Sm Je He Cline S. P. Pritchett T. N. Gilleland E. O. Lipe . B, Durbe The Court finds as a fact that E. L. Harmon and J are sick and under doctor's care and are unable t Court, and are therefore excused by the Court. fe) attend 4 and The Court also finds as a fact that W. H. Turner vary 1st it 4s ordered that his name be stricken from the J a fact It further appears to the Court, and the Court finds 6° 5. f° that C. N. Wallace, Jr; 0. D. Howard; Fred T. Slain; gil) Pritchett; T. 8. Williamson; J. Allen Suther and Re og, were not to be found in Iredell County and were Clarence Stimson, it IN THE SUPERIQ COURT FIRST WEEK -- MAY TERM, 19)0 271 TUESDAY, MAY 21st, 1940 MURDER (Continued from page 270) Prior to the commencement of the drawing of the regular panel, the prisoner, Harry Kale, was duly warned of his rights of challenges, etc. by the Solicitor for the State according to law. The names of the regular jurors were first placed in the hat in the presence of the Court and in the presence of the defendant and his counsel. A child under the age of ten years proceeded to draw the following names from the regular panel which were selected, sworn and empanelled: E. R. London E. He Critz Ace Holland After the regular panel had been exhausted, from which were drawn three jurors, there remained seven preemptory challenges on the part of the defendant and four on the part of the State. The prisoner, Harry Kale, was again warned of his right of challanges, etc, by the Solicitor for the State. The names of the special venire were then placed in the hat in phe presence of the Court, the defeniant and his counsel and a child under the age of ten years continued to draw, from the special venire, the following named jurors, who were duly selected, sworn and empanelled: Je R. Kimbrough D. G Snow E. Me Hicks J. He Cline Wm. A. Hethcox E. W. Wilhelm P. V. Brawley Tom C. Kennerly H. C. Ostwalt Pending trial the prisoner, Harry Kale, in custody of J. W. Moore, High Sheriff of Iredell County, 4s remanded to jail to await the further orders of the Court. This Honorable Court takes recess until Wednesday Morning, May 22nd, 19)0 at 9:30 o'clock. Pik i } ae ~ | ! J J \ Ga Sh : CLL bapa PO ee he JDGE PRESIDING ( ei F ee OE - S Se - Se oe ee Se sf IN THE SUPERIOR COURT FIRST WEEK -- MAY TERM, 190 WEDNESDAY, MAY 22nd, .19 This Honorable Court convenes according to adjournment on Wednesday Morning, May 22nd, 1940 at 9:30 o'clock. No. 269 DRIVING DRUNK. State -vs- Edgar Moore <_< <— It is ordered that the Nisi and order of forfeiture of th bond in this case, and Capias, be, and the same is heres stricken out. ’ Statesville, N. ¢, May 22, 190 We the Grand Jury of the Superior Court of Iredell County by order of Juiz Phillips, have visited the following institutions: Prison Camp We consulted Mr. R. S. Lowe, Superintendent of the prison camp, and he stated that they had 97 prisoners there, (20 grade A and 77 grade B) and no grade C at all. And they have one Steward, one corporal, 3 Senior guards and 6 junior Buildings as follows; The guards quarters and office building are combined, and the main barracks and the prisoners quarters where they stay when in the camp is separated. Then the mess hall, dining hall and kitchen are combined for the prisoners. The mess hall or dining hoom for the Supt. and guards is separate from the prisoners. Then the Laundry building and store house or commissiary are combined. There are two guar towers used when the prisoners are going out or coming in to camp. They also have a stock barn and four outbuildings, and the barn is used to keep stock and feed in for stock. Stock - They have a team of miles, },0 hogs and pigs, and 9 goats, and also have @ small flock of poultry. Land They have 103 acres of land owned by the State, and this includes the location of the camp, and the most of the land is in good cultivation. Machine Shop They have a machine shop where they repair trucks and any of the machinery used by the camp. The mess hall dining hall, and kitchen were nice and clean and in fine condition, in fact all buildings were perfectly sanitary and in fine condition The prisoners sleeping quarters are kept perfectly sanitary and in fine condition. All toilets were sanitary and in good condition. are supplit? The living quarters of the prison anitary and with shower baths. prisoners are perfectly sanitary Prisoners We did not see any of th ut on the highway in the county at work, vy e prisoners, as they were all 0 County Jail od ganit#] We visited the Jail, inspected the same and found everything 4” 890 44 ne, condition. We found in the Jail 14 white men and i white Soman — 8 colored ott and these people stated that they had good treatment, plenty to eat and wae ably situated, also |; colored women. County Home ort ool e visited the County Home, and found 15 white women 5 to oh men and 6 colored women in the home, and ther 26 Web oe + ee nad plenty ” and were well treated and were comfortably situated. IN THE SUPERIOR COURT FIRST WEEK - MAY TERM, 19)0 273 WEDNESDAY, MAY 22nd, 190 we found the home has 350 half gallons of fruit or half gallon cans of 3 cows, 6 calves, 18 hogs, 10 pigs 9 pieces of cured hog meat, 1,00 baby trutts 400 nens, 6000 lbs. of flour 300 bushels of corm, }; mules and 2 colts. The 50,000 gal. water reservoir and fire hose are in good condition. we found 5 acres of wheat and 243 acres of oats and 24 acres of corn on the farm. We found everything in good condition. h COUNTY COURT House We submit a list of delinquent guardiand who have not filed annual reports s required by law, and this list was obtained from Clerk of the Court, Mr. C. G. guith, and is attached hereto. Upon inspection of the Iredell County Courthouse, the Grand Jury found the yarious offices to be in good condition as to facilities and conveniences. All records seemed to be in order. The physical condition of the courthouse and grounds appeared to be good. It has been called to the attention of the Iredell County Grand Jury the following menaces to Public Safety: y lst. Travel of mee gas carriers through the corporate limites of mmicipalities of Iredell County. ond. The excessive rates of speed of trucks and passenger buses in Pi corporate limits and on county-wide highways. a I 3rd. The improper loading of trucks such as fertil izer, lumber, and other open-bed trucks. After due deliberation, the Grand Jury recommends the following: lst. Placing a proper warning signs entering municipalities as to the ‘ a limits governing speed of trucks, buses, and gas-carriers. (A) Limit of 15 M.P.H. of gas carriers through corporate limits. end. Strict enforcement of above recommendation. This Grand Jury recommends to the board of County Commissioners that the jury box be purged and that a complete new and proper listing of the jurors be made forthwith, and that proper boxes be provided and numbered. (Signed) J. Pe Patterson _ Foreman <O- -0- <0- -0- -0- Nos 2h7 HAVING CARNAL KNOWLEDGE OF GIRL UNDER 16 YEARS OF AGE BUT } —_ | OVER 12 YEARS OF AGE. ton ~) The defendant, throggh his counsel, John G. Lewis, tenders Lonnie P, Claywell } a plea of Guilty of ASSAULT ON FEMALE, which plea the Solicitor accepts. fined in Judgment of the Court is let the defendant be con the "Semon jail of Iredell County and assigned to = the roads under the supervision and direction of the State Highway and Public Works Commission for 4 period of TWO YEARS. V seen ASSAULT WITH DEADLY WEAPON WITH INTENT TO KILL. vs @ h Leave. Harry Kale Nol Prosed Wit IN THE SUPERIOR COURT FIRST WEEK - MAY TERM, 190 WEDNESDAY, MAY 22nd, 19],0 No. 261 MURDER. State vs 5 The prisoner, Harry Kale, in the presence of the High sh Harry Kale of Iredell County, whose prisoner he is, is present in eritr in his own proper person. Court The following Jury: E. R. London, E. H. Critz J. R» Kimbrough, J. H. Cline, P. V. Brawley, — me A. Hethcox, Tom C. Kennerly, E. M. Hicks, E. W. Wilhelm Yn and H. C. Ostwalt, being duly drawn, sworn and empanel leq and after hearing ell the evidence, argument of all counse] and charge of the Court, and after deliberating of their verdict, answer, and for their verdict say they fine the defendant, Harry Kale, GUILTY OF MURDER IN THE SEConD DEGREE Judgment of the Court is Let the defendant be confined in ty State's Ventral Prison at Raleigh, N. C., at hard labor, to wear stripes, for a period of NOT LESS THAN TWENTY-NInE (29) YEARS NOR MORE THAN THIRTY (30) YEARS. This Honorable Court takes recess until Thursday Morning, May 23rd, 190 at 9:30 o'clock A.M.. JUDGE PRESIDING. ? & 4 ¢ IN ' SUPERIOR COURT ‘FIRST c - MAY TERM, 4 THURSDAY, MAY 23rd, 190 oe Tr * 4 + This Honorable Courg convened according to adjournment on Thursday Morn.ng, May 23rd, 19.0 at 9:30 and tas recess from day to day until Monday Morning, May F aomeag \ 27th, 190 at 10:00 o'clock. y I pr A ( iY, / j } O) py i “bra a z Pris 1D ive ao. key IN THE SUPERIOR COURT SECOND WEEK -- MAY TERM 19)0 MONDAY, MAY 27th, 190 ghis Honorable Court convenes according to adjournment on Monday Morning, yay 27th, 190 at 10:00 ofclock. J. W. Moore, High Sheriff of Iredell Gounty, returns into open Court the names of the following good and lawful men to serve as jurors for this the Second Week of the May Term, 1940, Iredell Superior Court, to-wit: J, Cc. Shinn J. E. Wilford W. C. Woody Chas. B. Parker g, $. Barnett J. Re Allison Flake Holland J. C. Tomlin Francis M. Bell N. A. Woodfin iJ. S. Martin Le K. Lazenby J.HP. Miller R.Lee Alexander E. |’. Nicholson Amos York A. H. Atkins J. Le McLain J. H. Byers A. M. Gaither Fr, Blackwelder R. L. Cavin C. C. Foster W. P. Sharpe, Jr. one J. S» Martin, not réturned, not served. The following jury: J. C. Shinn, E. 5S. Barnett, Francis M. Bell, Je He Yiller, A. He Atkins, J. F. Blackwelder, J. E. Wilford, J. Re Allison, N. A. Woodfin, R. Lee Alexander, Je Le McLain, and R. L. Cavin, shall constitute what shall hereinafter be termed the "Divorce Jury". No. 1750 Mary M. Johnson ‘; ) The "Divorce Jury" being duly sworn and empanelled, answer the Jemes L. Johnson } issues submitted to it as follows: DIVORCE. North Carolina In the Superior Court, Iredell County. May Term, 191.0 Mary Money Johnson j } Vs. ) James Louis Johnson 1. Did the plaintiff and the defendant intermarry, and are they now man and wife, as alleged in the complaint? Answer: Yes. 2, Did the defendant separate from the plaintiff, and has Se and the defendant lived separate and apart for more than ~~ years next preees the commencement of this action as alleged in the complaint? Answer: Yes. 3. Has the plaintiff been a bonfied resident of the State of ae oo for more than two years immediately prior to the commencement of this ’ alleged in the complaint? Answer: Yes, 4. Was the separation without fault on the part of the plaintiff? Answer: Yes. IN THE SUPERIOR COURT SECOND WEEK - MAY TERM, 19l,0 MONDAY, MAY 27th, 190 North Carolina, In the Superior Cgourt Iredell County. May Term, 19,0 Mary Money Johnson vs ¢UDGME AT ) James Louis Johnson This cause coming on to be heard and being heard, at this term of the Super. Court of Iredell County, North Carolina, before His Honor, F. Donald Phillips, Judge Presiding, and a jury, and the jury having answered the issues submitted to it bY the Cdurt in favor of the plaintiff and against the defendant, as set out in the recor: It is therefore, ordered and adjudged by the Court that the bonds of matrinory heretofore existing between the plaintiff and the defendant, be, and the same ar hereby dissolved, and the plaintiff is granted an absolute divorce from the defencs:, F. Donald Phillips Judge Presiding No. 1755 } DIVORCE. Mary E. Moses } vs. ) The "Divorce Jiry" being duly sworm and empanelled, answers the Paul R. Moses } issues submitted to it as follows: North Carolina, In the Superior Court lredell County. Mary Elizabeth Moses Vs. oo ew KH m“ ~ ot +e | m Paul Rk. Moses d 1. Did the plaintiff and defendant intermarry, and are they now man $0 wife, as alleged in the complaint? Answer: Yes. rate ane ée. Did the defendant abandon the plaintiff and have they Lives apart from each other for more than two years, as alleged in the complain Answer: Yes. lis th caro” 3« Has the plaintiff been a bona fide resident of the State oo allege? for more than two years next, preceding the commencement of this action, 98 in the complaint? Answer: Yes. mo j ( IN THE SUPERIOR COURT SECOND WEEK - MAY TERM, 190 MONDAY, MAY 27th, 19,0 277 North Carolina, In the Superior Court, tredell County. May Term, 190 Mary Elizabeth Moses Vs. JUDGMENT oS SS Paul R. Moses This cause coming on to be heard and being heard at this term of the Superior Court of Iredell County, North Carolina, before His Honor, F. Yonald Phillips, Judge Presiding, and a jury, and the jury heving smswered the issues a ainst the defendant, as set out in the record. It is therefore, ordered and adjudged by the Yourt that the bonds of matrimony heretofore existing between the plaintiff, Mary Elizabeth Moses, and the defendant, Paul kK. Moses, be, and the same are hereby disolved, and the plaintiff is granted an absolute divorce from the defendant. F, Donald Phillips Judcve Presiding tt inlet te ait atte atl tilt t ‘ Noe 1757 ) DIVORCE Mary Bass Luther } : vs } The "Divorce Jury", being duly sworn and empanelled, answers James Luther ) the issues submitted to it as follows: North Carolina, In the Superior Court, Iredell County. May Civil Term Mary Bass Luther Vs. ISSUES oo SoS =o < James Luther 1. Were plaintiff and defendant married as alleged in the complaint? Answer: Yes. 2. Has the plaintiff been a resident of the State of North Carolina for “Period of one year next preceding the filing of the complaint? Answer: Yes. from each 3. Have the plaintiff and defendant lived separate and apart other for two years continuously next preceding the filing of the compleint? Answer; Yes. IN THE SUPERIOR CouRT SECOND WEEK - MAY TERM, 190 MONDAY, MAY 27th, 190 NORTH CAROLINA, IN THE SUPERIOR COURT, IREDELL COUNTY. MAY CIVIL TERM, 190 Mary Bass Luther Vs. JUDGMENT? James Luther This cause coming on to be heard and being hearg before the unders 4 gneq Judge and a Jury, which for its verdict, having answered the issue as follows; 1. Were plaintiff and defendant Marrted as alleged in the Complain t? Answer: Yes. ee Has the plaintiff been a resident of the State of North Carolina fop & period of one year next preceding the filing of the complaint? Answer: Yes. 5- Have the plaintiff and defendant lived Separate and apart from each other for two years continuously next preceding the filing of the complaint? Answer: Yes. nm THEREFORE, ADJUDGED AND DECREED by the Court that the bonds of matrimony heretofore existin:s between plaintiff and defendant be, and the same are hereby dissolved and that they be forever freed, separated and divorced fron each other, Let th sree issue upon payment of costs and that the plaintiff be taxed therewith. Dated “(th day of May 1940. F. Donald Phillips Judge Presiding No. 1758 Thomas Ed. Bruce the m + a ‘ } ers vs The “Divorce Jury" being duly sworn and empanelled answ Nellie White Bruce the issues submitted to it as follows: DIVORCE, North Carolina In the Superior Court Iredell County May Term, 1940 ‘ Thomas Ed. Bruce, Plaintiff Vs. Nellie White Bruce Defendant UES the 1. Were the plaintiff and the defendant intermarried as alleged in complaint? Answer: Yes. \ rt from °° e+ Have the Plaintiff and the defendant lived separate and an of this ears sor & period greater than two years next preceding hhe commencemé action? : Answer: Yes. or more d+ Has the plaintiff been a bona fide resident of North Carolina f than one year next preceding the insti tution of this action? Answer: Yes. IN THE SUPERIOR court SECOND WEEK - MAY TERM 19)0 MONDAY, MAY 27th, 19,0 / NORTH CAROLINA IN THE SUPERI@ Court IREDELL COUNTY MAY TERM, 190 d. Bruce Thomas B Plaintiff vs MENT White Bruce Nellie tof 9 This cause coming on to be heard and being heard before His Honor, F, Donald Phillips, Judge Presiding, and a jury, and the jury having answered the issues submitted to them as follows; 1, Were the plaintiff and the defendant intermarried as al leged in the complaint? Answer: Yes. ée Have the plaintiff and the defendant lived separate and apart from each other for a period greater than two years next precedine the comme nc ement of this action? Answer: Yes. de Has the plaintiff been a bona fide res lent of North Carolina more than two years next preceding the institut is action? Answer: Yes. And it appearing to the Court that th children bom marriage, to-wit, Tobie “Wing Bruce, five years of a and houston Edwin Bru that said children are now and have always resided the plaintiff herein: ordered, considered, adjudced and decreed hereby granted an absolut ‘ matrimony heretofore existing between y finally dissolved; it is furth: Custody of the minor children Tobie Wing Bruce Same is hereby awarded to the plaintiff in t F. Donald Phill ips Judge Presidir ~~ te ee RE te te RR i: ie te Ate te ee Ae eth ee eet eet No. 1762 5 Olean ‘¢. en DIVORCE. Vs j ) , » mpanelled, answers Jo ‘ The "Divorce Jury", being duly sworn and em} ' YOhn S. Deaton the issues submitted to it as follows: 281) IN THE SUPERIOR COURT SECOND WEEK - MAY TERM, 190 MONDAY, MAY 27th, 190 North Carolina, In the Superior court ’ Iredell County. May Term, 190 Olean Coggins Deaton Vs. ISSUES John Spencer Deaton 1. Did the plaintiff and defendant intermarry, and are they now and wife, as alleged in the complaint? : husband Answer: Yes. 2. Did thedefendant commit adultery, as alleged in the complaint? Answer: Yes. 3. Has the plaintiff been a bonifide resident of the State of North Carolin for more than two years next preceeding the commencement of this action, as alles in the complaint? ld Answer: Yes. -O- -O- -O- -0- -o- North Carolina, In the Superi yr Court Iredell County. May Term, 190 Olean Cogrins Deaton Vs. <n Cy c 0 Q tl bee = Ww John Spencer Deaton This cause coming on to be heard and being heard at this Term of the Siyna ni; ‘ — © Tea tr TY + oo Superior Court of Iredell Cowjty before His Honor, F. Donald Phillips, Judge Presiding, and a jury, anc the jury having answered the issues submitted to it os by the Court in favor of the plaintiff and against the defendant, as set out * 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 the same are dissolved, and the plaintiff 1s granted an absolute divorce from the defendant, F. Donald Phillips ._—— Judge Presiding Att olen eel pcellpsailpeos Pe all IN THE SUPERIOR COURT SECOND WEEK -- MAY TERM, 19]0 281 MONDAY, MAY 27th, 19h0 So 1765 DIVORCE. verdia Johnson " tt Ys. ) The "Divorce Jury" being duly sworn and empanelled, answers the j, Fred Johnson ) issues submitted to it as follows: arolina North C . In the Superior Court Iredell County. yerdia Johnson . ‘ ISSUE } ! m J, Fred Johnson 1. Did the plaintiff and defendant intermarry and are they now man and wife, as alleged in the complaint? Answer: Yes. ; 2. Did the defendant abandon the plaintiff, and have they lived separate and apart from each other for more than two yeurs, as alleged in the complaint? Answer: Yes. ae ws 3, Has the plaintiff been a bona fide resident of the State of North Mo Carolina for more than two years next preceding the commencment of this action, th as alleged in the complaint? Answer: Yes. -O- -O- -O- -0- -0- i North Carolina, In the Superior Court, Iredell County. May Term, 19:0 Verdia Johnson } ) Vs. ' JUDGMENT } ) J. Fred Johnson This cause coming on to be heard end being heard at this term of the Superior Court of Iredell County, North Carolina, before His Honor, F. Donald Phillips, Judge Presiding, and a jury and the jury having answered the issues submitted to it by the court in favor of the plaintiff and against the defendant, “8 set outAn the record: It is therefore, ordered and adjudged by the Court that the bonds of mtrimony heretofore existing between the plaintiff, Verdia Johnson, and the defendant, J. Fred Johnson, be, and the same are hereby disolved, and the Plaintitr is granted an absolute divorce from the defendant. F. Donald Phillips “Judge Presiding ig pepctpectpetpetptbt bbl IN THE SUPERIOR COURT SECOND WEEK - MAY TERM, 190 MONDAY, MAY 27th, 190 No. 1766 } DIVORCE. { Katheryn M. Browning } ‘ ) Vs. ) The "Divorce Jury" being duly sworn and empanel leq R. G. Browning, ) the issues submitted to it as follows: (oon North Carolina In the Superior Court Iredell County May Term, 190 Katheryn Morrison Browning, Plaintiff Vs. ISSUES Re. G. Browning, <> ee et ee ee Defendant 1. Were the plaintiff and the defendant intermarried as alleged in the complaint? Answer: Yes. 2e Have the plaintiff and the defendant lived separate and apart from each other for a period greater than two years next preceding the commencement of this action? Answer: Yes. 4. Has the plaintiff been a bona fide resident of North Carolina for mr than one year next precedin’ the institution of this action? Answer: Yes. NORTH CAROLINA IN THE SUPERIOR COURT IREDELL COUNTY MAY TERM, 190 Katheryn Morrison Browning PLAINTIFF Vs. JUDGMENT R. G. Browning, <S DEFENDANT ld This cause coming on to be heard and being heard before His Honor, F, Don patie Phillips, Judge Presiding and a jury, and the jury having answered the Assues % to them as follows: e 1. Were the plaintiff and the defendant inter-married as alleged in th complaint? Answer: Yes. t from ea! 2. Have the plaintiff and the defendant lived separate and apar f this moepl atl a period greater than two years next preceding the commencement 0 action Answer: Yes, 3- Has the plaintiff been a bona fide resident of North Caroline f two years next preceding the institution of this action? Answer: Yes. : Lain TT IS, THEREFORE, ordered, eonsidered, adjudged and decreed thst the P d the tiff be and she is hereby granted an absolute divorce from the defendant 4 ant are bonds of matrimony heretofore existing between the plaintiff and the defend F. Donald philip a Pe hereby finally dissolved. tae IN THE SUPERIOR COURT 98 SECOND WEEK - MAY TERM, 1910 3 MONDAY, MAY 27th, 19)0 { 1769 ) DIVORCE wih Be Russell } ri tt " ough ) The "Divorce Jury" being duly sworn and empanelled, jnnie Mae Webb Russell ) answers the issues submitted to it as follows: North Carolina In the Superior Court Iredell County May Term, 190 Howard Be Russell > UES w m } a Vs. ) Annie Mae Webb Russell ) 1. Were the plaintiff and the defendant married to each other as alleged in the complain t? Answer: Yes. j 2. Have the plaintiff and defendant lived separate and apart for two years next preceding the commencement of this action? Answer: Yes. 3. Has the plaintiff been a resident of the State of North Varolina for one year next preceding the commencement of this action? Answer: Yes. North Carolina In the Superior Court, Iredell County May Term, 190 Howard B. Russell Vs. JUDGMENT Annie Mae Webb Russell This cause coming on to be heard and being heard before His Hionor, Judge FP, Donald Phillips, Judge Presiding at the regular May, 190, Term of Superior Court for Iredell County, North Carolina, and a jury, and the jury having answered the issues submitted &s hereinafter indicated, to-wit: l. Were the plaintiff and defendant married to each other as alleged in the complaint? Answer: Yes. 2. Have the plaintiff and defendant lived separate and apart for two years next Preceding the commencament of this action? Answer: Yes. on 3e Has the plaintiff been a resident of the State of North Carolina for * year next preceding the commeneement of thts action? Answer: Yes. "tld issues having all been answered in the affirmative and in favor of the Dlaintire, IN THE SUPERIOR 284 COURT SECOND WEEK - MAY TERM, 190 MONDAY, MAY 27th, 190 IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED That the bonds of Matty heretofore existing between the plaintiff and the defendant be and the same are hereby dissolved, and the plaintiff is awarded a decree of absolute divorce fron try defendant. It is further ordered that the plaintiff pay the costs of this action This the 27th day of May, 190. F. Donald Phillips ———Hidge presiding —— Oe le ol hb Ab Molen Al Alam A hla lcd ts, +... No. 1771 } DIVORCE. Katie Houston } . * it Vs. ) The "Divorce Jury’ being duly sworn and empanelled, answers tie Marvin Houston ) issues submitted to it as follows: North Carolina In the Superior Court Iredell County May Term, 190 Katie Houstor ] i ‘Fr A ene on ese. v3. y ISS! De arvin Houston J} 1. Did the plaintiff and defendant intermarry as alleged in the complaint! Ans. Yes. 2. Has the plainti'f been a resident of the State of North Carolina for more than one year next preceding the filing of this complaint? Ans. Yes. de Did the defendant separate from the plaintiff and have they lived . separate and apart ft ra period of two years or more as allerved in the complaint’ Ans. Yes. -O- -O- -O- -O- NORTH CAROLINA IN THE SUPERIOR COURT IREDELL COUNTY MAY TERM, 1910 Katie Houston } } V8. JUDGMENT } Marvin Houston This cause coming on to be heard, and beinf heard, before His Honor, Fe Donald Phillips, Judge Presiding, and a Jury, at the May Term, 190, Superior Cour’ of Iredell County; and the jury having answered all the issues submitted to it favor of the plaintiff and against the defendant, as fully appears in the recons, it is, therefore, on motion of John R. McLaughlin, Attomey for the plaintiff, Ordered, adjudged and decreed: IN THE SUPERIOR COURT 28 SECOND WBEK - MAY TERM, 190 > MONDAY, MAY 27th, 190 That the bonds of matrimony heretofore subsisting between the Firsts plaintiff and defendant be, and they are hereby, absolutely dissolved; pat the plaintiff, Katie Houston be, and she is hereby granted an absoaute t givoree from the defendant, Marvin Houston, second: That the plaintiff pay the costs of this acti on, to be taxed by the Clerk. This the 27th day of May, 19)0. F. Donald Phillips Judge Presiding Stet lomeloncloo nto ton tom alone los acto low tom tow whom cls <Aipolp. a te te de de te tie te te Noe 1772 } DIVORCE G. G. Marlowe } v8 ) The “Divorce Jury" being duly sworn and empanelled answers the Lee Marlowe § issues submitted to it as follows: Yorth Carolina In the Supertor Court Iredell County May Term, 190 ' G, G. Marlowe lt, vs 4 ISSUES Lee Marlowe 1. Did the plaintiff and defendant intermarry as all red in the complaint? Ans. Yes. 2. Has the plaintiff been a resident of the State of North Carolina for more than one year next preceding the filing of this complaint? Ans. Yes. 3, Did the defendant separate from the plaintiff and have they lived : separate and apart for a period of two years or more as alleged in the complaint? Ans. Yes. -O0- -0- -0- -0O- NTH CAROLINA IN THE SUPERIOR COURT IREDELL COUNTY MAY TERM, 190 % 6. Marlowe 7 JUDGMENT Lee Marlowe rd, before His Honor, F. f lredell This cause coming on to be heard, and being hea Donald Phillips, and a Jury, at the May Term, 190, Superior Court o “ounty; and the jury having answered all the issues mbmitted to it in favor of the Plaintiff and against the defendant, as fully appears 4n the records, it is therefore, for the plaintiff, on motion of John R. McLaughlin, Attorney a] 286 IN THE SUPERIOR COURT SECOND WEEK - MAY TERM, 19)0 MONDAY, MAY 27th, 190 IN THE SUPERICQR COURT 287 SECOND WEEK - MAY TERM, 190 MONDAY, MAY 27th, 190 Ordered, adjudged and decreed: t. Were the plaintiff and defendant married as alleged in the complaint? First: That the bonds of matrimony heretofore subsisting between the Plaintire ..; Answer: Yes. nd defencant be, and they are hereby, absolutely dissolved; that the plaj 2, Have the plaintiff and defendant lived separate and apart for two Ne cessive years prior to the bringing of this suit? tiff, G. G. Marlowe, be, and he is hereby granted an absolute divorce = 7 fren Answer: Yes. the defendant, Lee Marlowe. . Has the plaintiff been a resident of the State of North Carolina for Second: That the plaintiff my the costs:of this action to be taxed by the Court twelve months next before the bringing of this action? This the 27th day of May, 19,0. ianeest Yes. F. Donald Phill Judge Srestte — IT IS THEREFORE, upon motion of A. C. Payne, Attorney for plaintiff, ordered and adjudged by the Court that the plaintiff and the defendant be freed and separated from each other and that the plaintiff be and she is hereby granted Si tl tl lt a le el ee abi de ll ill ale le ern i ansabsolute divorce. Tf IS FURTHER CONSIDERED, ORDERED AND ADJUDGED by the Court that the plain- No. 177) } DIVORCE. tiff be and she is hereby awarded the custody of the two children of plaintiff and Nellie 0. King } - ee ” a ae a : mt vs ) The "Divorce Jury" being duly sworn and empanelled, andwers the defendant, to-wit: Fred Gilbert King and Harold Grey King, who now reside with her, | Coleman D. King }) issues submitted to it as follows: without interference on the part of the defendant. North Carolina In the Superior Court ey Donald a udge Fresiding Iredell County May Term, 190 i * a iS = = Stith le ll lm email ome a le ll be tle alle ie le i ti dh te dae te de ie de th th th te ISSUES ' 4) 1 ( Coleman D. King No. 1775 ) DIVORCE le Were 0 1 + and fend r ged in the complaint? Mary W. Sherrill re the plaintiff and defendant married as allege n P oe The "Divorce Jury" being duly sworn and empanelled, answers Answer: Yes. J. Gilmer Sherrill }) the issues submitted to it as follows: 2. Have the plaintiff and defendant lived separate and apart for two successive years prior to the bringing t ? y i y I l nging of this suit North Carolina, In the Superior Court, Answer: Yes. Iredell County. May Term, 1940. 3. Has the plaintiff been a resident of the State of North Carolina for twelve months next before the bringing of this action? ' Ang ( Mary Wilson Sherrill } Answer: Yes. ! vs. 4 ISSUES a a -O- on ce a on -O- T } | ° ) ) ° > ‘« Gilmer Sherrill ) forth Carolina, In the Superior Court ‘ 1. Did the plaintiff and defendant intermarry, and are they now husband nd wife, as alleged in the complaint? Iredell County, May Term, 190 Answer: Yes. Nellie Qwens King Did the defendant separate and live separate and apart from the | plaintitt for more than two years next preceeding the commencement of this action, -vs- JUDGMENT S alleged in the complaint? ) Coleman D. King Answer: Yes. State of North ‘i and resident of the 3+ Has the plaintiff been a citizen 4s action, as for more than two years prior tonthe commencement of th n the complaint? Super! Caro] This cause coming on to be heard at the May Term of Iredell County i atleaea jury, ~ Court, 190, before His Honor, F. Donald Phillips, Judge Presiding, and & A nswer; Yes. following issue having been submitted and found by the jury 2s follows? ae U oa” a IN THE SUPERIOR COURT SECOND WEEK - MAY TERM, 191.0 MONDAY, MAY 27th, 190 North Carolina, In the Superior Court, Iredell County. May Term, 19h0 Mary Wilson Sherrill vs JUDGMENT Soe ee Je Gilmer Sherrill This cause coming on to be heard and being heard at this Term of the Super; Court of Iredell County, North Carolina, before His Honor, F. Donala Phillips, Judge Presiding, and a jury, and the jury having answered the issues submitted to it by th Court in favor of the plaintiff and against the defendant, as set out in the record: it is therefore, ordered and adjudged by the Court that the bonds of matrimry heretofore existing between the plaintiff, Mary Wilson Sherrill, and the defendant, Je Gilmer Sherrill, be, and the same are hereby dissolved, and the plaintiff is granted an absolute divorce from the defendant. F. Donald Phillips Judge Fresiding. ee No. 1776 DIVORCE Clyde RK. Boan vs ) The "Divorce Jury" being duly swom and empanelled, answers the Evelyn G. Boan ) issues submitted to it as follows: North Carolina, In the Superior Court iredell County. Clyde R. Boan vs SS 4 tc ~ a 3} nm Evelyn G. Boan d 1. Did the plaintiff and defendant intermarry, and are they now man 8 wife, as alleged in the complaint? Answer: Yes, te ee Did the defendant abandon the plaintiff, and have they lived sot and apart from each other for more than two years, as alleged in the comp Answer: Yes. carols de Has the plaintiff been a bona fide resident of the State of Nor ieee! for more than two years next preceding the commencement of this action, in the complaint? Answer: Yes, ( Iredell Countye IN THE SUPERIOR COURT 289 SECOND WEEK # MAY TERM, 190 : MONDAY, MAY 27th, 19)0 In the Superior Court, North Caroline, May Term, 19.0 R. Boan ) clyde ) ‘ Vs. JUDGMENT Rvelyn G. Boan ) This cause coming on to be heard and being heard at this term of the superior Court of Iredell County, North Carolina, before His Honor, F. Donald Phillips, Judge Presiding, and a jury, and the jury having answered the issues submitted to it by the Court in favor of the plaintiff and against the defendant, 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, Clyde R. Boan, and the defendant, Evelyn G. Boan, be, and the same are hereby disolved, and the plaintiff is granted an absolute divorce from the defendant. F, Donald Phillips Jucge Presiding. Schatten if hn ene nae a el oe atin em tie ole tie tn te the tie te tte ah ae ae ae di te te dh te a tb tb tb : Nowl777 { DIVORCE. Belton Browner " vs § The “Divorce Jury" being duly sworn and empanelled, Mariemma Moore Browner } answers the issues submitted to it as follows: North Carolina, In the Superior Court, Iredell County. May Term, 19,0 Belton Browner Vs, \ ISSUES ) ) Meriemma Moore Browner 1. Did the plaintiff and defendant intermarry, and are they now husband and wife, as alleged in the complaint? Answer: Yes. 2. Did the defendant separate and live separate and apart =? ee ‘aft for more than two years next preceeding the commencement of this ac , alleged in the complaint ? Answer: Yes. C 3. Has the plaintiff been a citizen and resident of the arene 22 ‘—> ‘rolina for more than two years pr’ r to the commencement of this action, tlleged in the complaint? Answer: Yes. 4 , | | | 290 IN THE SUPERI® COURT SECOND WEEK - MAY TERM, 19,0 MONDAY, MAY 27th, 190 North Carolina, In the Superior Court, Iredell County. May Term, 190 Belton Browner vs ) JUDGMENT ) ) Mariemma Moore Browner © This cause coming on to be heard and being heard at this Tem Of the Superio, Court of Iredell County, North Carolina, before His Honor, F. Donald Phillips, Juigs Presiding, and a jury, and the jury having answered the issues submitted to it by the Court in favor of the plaintiff and against the defendant, 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, Belton Brower, and the defencars, Mariemma Moore Brovmer, be, and the same are hereby dissolved, and the plaintiff is granted an absolute divorce from the defendant, F. Donald Phillips Judge ‘residing " Bitten i em fie fiona fmf ie eet awe la nif he- th itilfteie-p e Noe } DIVORCE. W. M. Hemphill 4 s vs ) The "Divorce Jury" being duly sworn and empanelled, ans r4ea111 } Tann ca Ly 15 ; : = Seulah Hennessee Hemphill ) the issues submitted to it as follows: North Carolina In the Superior Court Iredell County May Tem, 19),0 W. M. Hemphill } ) vs ISSUES ) Beulah Hennessee Hemphill int! 1. Did the plaintiff and defendant intermarry as alleged in the complasn Ans. Yes, r more 2. Has the plaintiff been a resident of the State of North Carolina fo than one year next preceding the filing of this complaint? Ans? Yes. gopert d« Did the defendant separate from the plaintiff and have they Lived #” and apart for a period of two years or more as alleged in the complaint? Ans. Yes. IN THE SUPERIOR COURT 291 SECOND WEEK - MAY TERM, 190 ‘ MONDAY, MAY 27th, 19,0 | NORTH CAROLINA IN THE SUPERIOR COURT IREDELL COUNTY MAY TERM, 190 W. Me Hemphill ) ) “ JUDGMENT } Beulah Hennessee Hemphill This cause coming on to be heard, and being heard, before His Honor, F. Donald Phillips, Judge Presiding, and a Jury, at the May Term, 19).0, Superior court of Iredell County; and the jury having answered all the issues submitted to it in favor of the plaintiff and against the defendant, as fully appears in the records, it is, therefore, on motion of John R. McLaughlin, Attorney for the plaintiff, Ordered, adjudged and decreed: First; That the bonds of matrimony heretofore subsisting between the plaintiff and defendant be, and they are herebdy, absolutely dissolved; that the by plaintiff, W. M. Hemphill be, and he is hereby granted an absolute divorce ft from the defendant, Beulah Hennessee Hemphill. r Second: That the plaintiff, W. M. Hemphill, pay to the defencant, Beulah Hennessee 1 Hemphill, the sum of four dollars ({l,.00) per week for the use and support s of the children of W. M. Hemphill and Beulah Hennessee Hemphill, namely, W. M. Hemphill, Jr., and Paul H. Hemphill, This sum of four dollars ($).00) per week is to be paid until the oldest child, W. M. Hemphill, Jr., arrives at the ase of eighteen years, which date is September 2h, 1940. After W. M. Hemphill, Jr. arrives at the age of eighteen years then the plaintiff is to pay to the defendant, Beulah Hennessee Hemphill, the sum of $2.50 per week for the use and benefit of Paul H. Hemphill, and the said payment of g2.50 per week is to continue until Paul H. Hemphill arrives at the age of eighteen years. The first payment as above set out is to be made on the third day of June, 19)0. Third: That the defendant, Beulah Hennessee Hemphill, is granted the care and the custody of the two children, W. M. Hemphill, Jr., and Paul H. Hemphill. Fourth: That the plaintiff pay the costs of this action to be taxed by the Court. This the 27th day of May, 19)0. F. Donald Phillips Judge presiding twee cence cheatin nteetpn tometer tentang Hom lp ilo pgp ten et hit ti IN THE SUPERIOR COURT 292 SECOND WEEK - MAY TERM, 19,0 MONDAY, MAY 27th, 190 <= North Carolina In the Superior court Iredell Comty May, 19.0 Term Le 0. White, H. Le Kincaid, et al, } ) vs FINAL JUDGMENT ) Sterling Flour Mills, Incorporated This cause coming on to be heard upon the final report of W, RE, Webb, receiver of Sterling Flour Mills, Inc., and being heard before the undersigned Judge Presiding at the regular May, 1940, Term of Super‘tor Court for Iredell County, North Cerolina, and it appearing that the receiver has collected and liquidated a)) a 0 sets of the defendant and distributed the proceeds therefrom, and has accounted for all monies coming into his hands; it is, therefore, ordered that said receiver be discharged and the surety on his bond released, and that the corporate defendant be, and the same is hereby ordered dissolved, and a copy of this judgment be sent to the Secretary of State, This May 27th, 190, F. Donald Phillips Judge Presiding. Fe tte ee ie ae He a ie thot edirwntimaahinesatiensaifsitecnatfeieattirsieme frist titration No. 1756 } The following jury: J. C. Shinn, F. S. Barnett, F. ll. Vance-Henkel Co., Inc. ) Bell, J. He. Pe. Miller, A. H. Atkins, J. F. Blackwelcer, -Vvs- ) J. E. Wilford, J. R. Allison, N. A. Woodfin, R. Lee P, W. Munday and wife, al ) Alexander, J. Le McLain and R. L. Cavin, being duly sworn and empanelled, answers the issues submitted to it as follows: NORTH CAROLINA, IN THE SUPERIG COURT, IREDELL COUNTY: MAY TERM, 190 Southerland and Husband, P. ii. Southerland Vance-Henkel Company, Inc. }) -Vvs- , QD \W ff + er = i fe W. Munday and Wife, Dora j} wonaay, and irs. Kate Munday } ISSUES. 1. Was there a mtual mistake between the grantors and th S certain deed from P. W. Munday and wife, Dora Munday, and Mrs. Kate Munday aay Pools and husband, P. R. Southerland, to Q U. Munday, Lester Munday and Ella ea et if dated the 2nd day of March, 194, and duly recorded in the office of the a a ther Deeds of Iredell County in Book 115 at page 357, in that the grantors ee descr! by to convey to said grantees a two-sevenths undivided interest in the len nth in said deed, whereas in truth and in fact said deed only conveys one-seve, vy undivided interest in said land, and did said draftsman, in drawing said nk in mistake and accident, fail to insert therein a two-sevenths undivided intere said land instead of a one-seventh undivided interest in said land? Answer: Yes. a grantees in aleth .. outher-’ IN THE SUPERIOR COURT SECOND WEEK - MAY TERM, 19)0 200 MONDAY, MAY 27th, 19.0 @, Is Vance-Henkel Company, Incorporated, now the ower in fee-simple of the land described in the second paragraph of the complaint? Answer: Yes. NORTH CAROLINA IN THE SUPERIOR COURT, IREDELL COUNTY MAY TERM, 190 yance-Henkel Company, Incorporated Vs. Pp, W. Munday, and wife, Dora Munday and Mrs, Kate Munday Southerland and husband, P, R. Southerland — ot Cy co o 2 ~ x = | This cause coming on to be heard and being heard before His Honor, F. Donald Phillips, Judge Presiding, at this the May 19.0 Term of the Superior Court er eh of Iredell County and a jury and the jury having answered the issues submitted to a! them as follows: 1. Was there a mutual mistake between the grantors and the grantees in < a certain decd from P. W. Munday and wife, Dora Munday and Mrs. Kate Muniay ee Southerrand and husband, P. R. Southerland, to Q. U. Munday, Lester Munday and Ella Munday Poole, dated the 2nd day of March, 194, -and duly recorded in the ' office of the Register of Deeds for Iredell County in Book 115 at page 457, in that the grantors intended thereby to convey to said grantees 2 two-sevenths undivided interest in the land described in said deed, whereas in truth and in fact said deed only conveys a one-seventh undivided interest in said land, and did said draftsman, in drawing said deed, by mistake and accident, fail to insert therein a two-sevenths undivided interest in said land instead of a one-seventh undivided interest in said land? Answer: Yes. 2. Is Vance-Henkel Company, Incorporated, now the owner in fee simple of the land described in the second paragraph of the complaint? Answer: Yes. IT Is, THEREFORE, ordered, considered, adjudged and decreed that the deed from P, W. Munday and wife, Dora Munday and Mrs. Kate Munday Southerland and msband, P, R. Southerland to Q@. U. Munday, Lester Munday and Ella Munday Poole, dated the end day of March, 194k, and recorded in the office of the Register of Deeds for Iredell County in Book 115 at page 357 conveys & two-sevenths undivided interest in the land described in said deed and Vance-Henkel Company, Incorporated, 1s hereby declared to be the owner in fee simple of the following described land: 9g IN THE SUPERIOR COURT 94 SECOND WEEK -- MAY TERM 19,0 MONDAY, MAY 27th, 190 Beginning at an iron stake, Thomas Gilleland's corner on the sou direst; Suances with said street N. 60 W. 59 feet to an iron state; re Of Connep West 12 feet to an iron stake in Templeton's line; thence s. 60 Sant S. imon stake, Templeton's corner, Gilleland's line; thence with saig line yest to a 137 feet to the beginning, containing one-fourth acre, more or less, Por a East reference see deed 77 at page 593. Book 125 at page 5 in the office Urthep Register of Deeds for Iredell County. of the It is further ordered, adjudged and decreed that a copy of this judgment be recorded in the office of the Register of Deeds for Iredell County, It is further ordered that the plaintiff herein be taxed with the cost F. Donald Phillips FUDGE PRESIDING Tet ie te i ee te te te Be he Alen allem vehthe cal nate hie blac «hoe atl omcapethinw thats actor athlon ee wih att hpn cablpenenertesadlied fara NORTH CAROLINA In the Superior Court IREDELL COUNTY May Tern, 1940 Martin B. Travis Et al j } vs ) REPORT ) ) Travis and Reavis Sales Co, Your petitioner, Receiver of the defendant, respectfully shows to the Court That pursuant to the order of this Court, your Petitioner sold at public auction all notes, mortgages, accounts, checks and other evidences of debt, belonging to the defendant, and that at said sale, held pursuant and as directed by the Court, Martin B. Travis, became the last and highest bidder for said property for _ o of 917.00, and that said sale has not been increased and your Receiver is unable \ find or locate any person to increase said bid. WHEREFORE, your Reseiver asks the Court to make an order confirming thls sale. Respectfully submitted, J. G. Lewis Receiver. North Carolina In the Superior Court Iredell County May Term, 1940 Martin B. Travis, et al ve ORDER > SS Travis & Reavis Sales Co, riot This cause coming on to be heard and being heard at this term of “— it Court of Iredell County by His Honor, F. Donald Phillips, Judge Presiding» ont IN THE SUPERIOR COURT 295 SECOND WEEK - MAY TERM, 190 ue MONDAY, MAY 27th, 190 g to the Court that the Receiver sold at public auction at the Court House appearin door, all notes, mortgages, checks and other evidences of debt of the defendant, der and by virtue cf an order of the Superior Court made in this cause, and that yartin B. Travis became the last and highest bidder for said property for the sum of $17.08, and that the Receiver has failed to receive an increased bid for same: It is therefore ordered and adjudged by the Court that the sale of said property to the said Martin B. Travis be, and the same is hereby in all respects, ratified and confirmed, and the Receiver is directed to deliver said property to the purchaser upon the receipt of said purchase price. F. Donald Phillips Judge Presiding. nf EE EE EE tt Et ttt te te te te te te ti tt tt tt tt tt tt tt te te te tt - U ( if} No. 1767 § The following jury: J.C. Shinn, F. S. Barnett, F. M. C. F. Summers, et al § Bell, J. H. P. Miller, A. H. Atkins, J. F. Blackwelder, ‘ vs J. E. Wilford, J. Re Allison, N. A. Woodfin, R. Lee W. Le Potts Alexander, J. Le McLain, and R. L. Cavin, being duly sworn and empanelled, answers the issues submitted to , it as follows: a er NORTH CAROLINA, IN THE SUPERIOR COURT, IREDELL COUNTY. MAY TERM, 190 C. F. Summers and Mrs. W. A. } Summers, Plaintiffs. } vs ISSUES. W. L. Potts, Defendant. 1. What amount, if any, is the defendant indebted to the plaintiffs? Answer: $225.00 and interest. @. Are the plaintiffs the owner and entitled to the possession of the Property described in the writ of claim and delivery issued in this cause? Answer: Yes. 3 What was the value of said property at the time it was seized by the Sheriff and a replevy bond given by the defendant? Answer: $250.00. forth Carolina, In the Superior Court, Iredell County. May Term, 190 C, F 3 * summers and Mrs, YA. Summers Vs % Potts JUDGMENT 296 IN THE SUPERIOR COURT SECOND WEEK =-- MAY TERM, 19,0 MONDAY, MAY 27th, 190 This cause coming on to be heard at this term of the Superior Court of Iredell County, and being heard before His Honor, F. Donald Phillips, Judge Presta and a jury, and the jury having answered the issues submitted to it &®S set out * record: It is therefore ordered and adjudged by the court that the plaintirs Pecoyes of the defendant the sum of $225.00 with interest from September 23rd, 1939 unt!) paid, and the cost of this action. It is further eonsidered and adjudged by the court that this judgment is, specific lien upon the personal property described in the writ of claim and deliver issued in this cause and that all rights and equities of redemption of the heen in said property be, and the same is hereby forever foreclosed and it is ad judged further that if the defendant fails to pay this judgment on or before the lst, day of June, 190, then and in that event J. G. Lewis, who is appointed a commissioner of this court for that purpose, shall expose said property at public auction for cash, after giving twenty days notice of said sale in the manner and way provided by the sale of personal property under mortgage, and report his action in the premises to this court for confirmation. It is further ordered and adjudged that in the event said property when sold as above set forth fails to bring as much as $250.00 then judgment is hereby given a ainst F. F. Abernathy, the bondsman, for such deficiency. Ww F. Donald Phillips Judge Presiding Helle ipl enim niin bate itn-aiie-iirtnmimateie= tier es emai” North Carolina, In the Superior Court Iredell County. May Term, 190 Planters Fertilizer and Phosphate Co., Vs. ORDER Je Re Little and Mrs. J. R. Littl N. B. Mills _— << t no This cause coming on to be heard and being heard at this term of the Sup? Court before His Honor, F. Donald Phillips, Judge Presiding, on motion of co plaintiff, the death of the defendant, N. B. Mills, having been suggested, ant * appearing to the Court that John A. Scott has been appointed and qualifie trator of the estate of the said N. B. Mills, deceased: administretor that John A. Scott, be made a party defendant of this action. It is further ordered § nat said sumo? It is ordered, adjudged and decreed by the court that said Sumnons shall issue for the above named party as a defendant and t : ‘ ’ ad as pasts IN THE SUPERIOR COURT SECOND WEEK -- MAY TERM 190 297 MONDAY, MAY 27th, 190 shall be served on the said John A. Scott, administrator, together with a copy of the complaint as provided by law. It is further ordered by the court that the plaintiff shall be allowed ten days from the adjournment of this court to issue said summons for said administrator, and have same served as provided by law. F, Donald Phillips Judge Presiding Tt itt tint ott ttt aint oltaontottini ( NORTH CAROLINA IN THE SUPERIOR COURT IREDELL COUNTY J. Le Thompson Vs. JUDGMENT Dr. Pepper Bottlers Corporation SS Ot ee _ This cause coming on to be heard and being heard upon the certificate of the Supreme Court of North Carolina, affirming the judgment of the Superior Court = \e = ee, ee heretofore entered in which the plaintiff was non-suited: It is therefore ordered and adjudged that the juignent heretofore entered in this Court be affirmed and the action is dismissed. This 27th day of May, 190. F. Donald Phillips Judge Presiding ee ee ee ee ee ee ee ee ee ee emememmemmeaennnes / STATE OF NORTH CAROLINA IN THE SUPERIOR COURT TREDELL COUNTY. MAY TERM, 190 TN RE: C. A. DULIN ESTATE: (#1542) ( ORDER ) In this case the death of P. P. Dulin having been suggested in open Court by WR, Dalton and Hudson & Hudson, Attorneys, representing certain devisees and legatees, 1em that Neil S. Sowers and E. fF. Munday and motion having been made by ti Stecutors of P, p, Dulin be made parties to this case, it is therefore ordered that Neil 8. Sowers and E. F, Munday, Executors of P. P. Dulin be, and they are hereby mde parties to this action, and the Clerk of this Court is hereby duly authorized and empowered to issue summons herein against said executors of Pp. P. Dulin, at any “ between now and Aug. 5th, 19),0 (the date for the commencement of the civil “lendar of this Court) commanding said executors to appear and file answer herein IN THE SUPERI 298 OR COURT SECOND WEEK - MAY TERM, 19.0 MONDAY, MAY 27th, 190. within 30 days from the date of servine of summons as provided by law, This May 27th, 190. F. Donald Phillips Judge Presiding ne, STATE OF NORTH CAROLINA IN THE SUPERIOR COURT IREDELL COUNTY. MAY TERM 19),0 Ben M. Lentz, Paul Lentz, et al (#1557) Vs. ORDER A P. P. Dulin, Executor of C. A. Dulin, et al The death of P. P. Dulin having been suggested in this case in open court by W. Re. Dalton and Hudson & Hudson Attorneys, representing certain devisees and legatees, and motion having been made by them that Neil S. Sowers and E. F. Munday Executors of P. P. Dubin be made parties to this case, it is therefore ordered tist Neil S. Sowers and E. Ff. Munday, Executors of P. P. Dulin, be, and they are hereby made parties to this action, and the Clegk of this Court is hereby duly authorized and empowered to issue summons herein avzainst said executors of P. P. Dulin, at any time between now and Aug. 5th, 190 (the date for the comzencement of the civil calendar of this court) commanding said executors to appear and file answer herei with ZO ava fram +h ? 4 / > 44 bh. within 30 days from the date of service of summons as provided by law. F. Donald Phillips Su Judge Presiding tt dh ih ddl dh dln tienen dlr dln aieinndldianlnnldiandialtlaninatiedadlncinndde SS NORTH CAROLINA, In the Superior Court, IREDELL COUNTY. May Term, 19),0. Leonard Nantz, a minor by his Next Friend, J. A. Nantz, JUDGMENT W. R. Holland and S. R. Holland, trading as Holland Brothers } } V8. ) } } of the Iredel] cou! This cause coming on to be heard at the May Term, 190, d pes! 8 Superior Court, before His Honor, F. Donald Phillips, Judge Presiding, and ™ by consent of the parties without a jury; that the cause was heard upon § IN THE SUPERIOR COURT 299, SECOND WEEK -- MAY TERM, 19)0 =n MONDAY, MAY 27th, 19h0 ounse} for poth parties, and evidence submitted to the Court by a duly licensed ¢ physician, and it appearing to the Court thet the minor, Lenoard Nantz, twenty year's of age, by his Next Friend, J. A. Nantz, instituted this action to recover damages which he sustained because of injuries received when the truck in which he yas riding collided with a truck driven by an employee of the defendants, which offurred in the City of Statesville, North Carolina, about 6:).5 A.M., on 26 April, 19),05 and it appearing that the plaintiff and defendants have agreed upon a settlement of all matters and things growing out of the alleged injuries set forth in the plaintiff's Complaint, whereby the defendants have agreed to pay the plain- tiff the sum of One Hundred Eighty Dollars ($180.00), in full settlement of the minor's alleged injuries, together with the cost of this action: And the Court carefully examined the evidence in the case, particularly the evidence of the Physician under whose care the minor was treated, and £t was made to appear to the Court that the parents of the child are entirely satisfied with Pe the settlement, and that Dr. Ralph Moschella, of H. F. Long Hospital, who treated him, is of the opinion that he has made a full recovery from the injuries which he be no lasting, permanent effects of ue sustained, and that in his opinion there will the injuries which he sustained in the alle ged accident. After full inquiry into the matter, the Court entered the following decree: 1. That the plaintiff recover of the defendants the sum of One Hundred ; } b+ } a fannion + ", ao he CLL A avy 4 OC laniz Eighty Dollars ($180.00) to be paid by the defendants into the office of the Clerk of the Superior Court of Iredell County. 2. That out of the fun’s paid to him, the Clerk shall pay the hospi tal bill of Twenty-five Dollars ($25.00) incurred for the treatment of the pleintiff's injuries, which amount is found by the Court to be a reasonable charge for the services rendered; shall pay to Robert A. Collier, Attorney for the plaintiff, the sum of Twenty-five Yollars ($25.00) for legal services on behalf of the plaintiff, which is found by the Court to be a reasonable charge for the services rendered; 3. That the defendants pay the costs of this action. he That the settlement between the parties, entered by consent, and approved by the Court, is not unreasonable or unjust to the minor plaintiff, but is to his best interest, Wigned and entered, at Statesville, North Carolina, this the 27th day of Way, 190, By Consent; Re A, Collier Morneys Tor Platntirt— A = Dearman & Winber meys for Defendants F. Donald Phillips vudge Presiding ; IN THE SUPERIOR COURT SECOND WEEK -- MAY TERM 190 MONDAY, MAY 27th, 190 Ny. ST NORTH CAROLINA IN THE SUPERIOR COURT, IREDELL COUNTY MAY TERM, 19,0 In the Matter of q ORDER James E. Cook Q this cause coming on to be heard on the appeal of James &, Vook from 8 one of the Clerk of the Superior Court of Iredell County committing him to the State Hospital at Morganton for treatment, as set forth in the judgment rendered by the Cley in said matter, and it appearing to the Court, and the Court finds as a fact, thet ty proceedings before the Clerk were in all respects regular; that upon affidavit Detny made to the Clerk by Grace I. Cook to the effect that James E. Cook was insane, the said Clerk, on the 30th day of April, 1940, issued process to the Sheriff or Other lawful officer of Iredell County requiring the said James E. Cook to be brought before him as provided therein; that the said process was served on the 2nd day of May and the said James E. Cook was brought before the said Clerk on the 6th deyo May, when and where a complete hearing was had and a thorough investization was mis touching the mental condition of the alleged insane person, a number of witnesses were examined who were familiar with the acts and conduct of the said James B, Sook; that two physicians testified before the Clerk, being the same physicians who later made a certificate which appears in the papers; that all the things herein referm to were had and done before the Clerk, the 6estimony given before the Clerk was not actually taken down, but was heard under oath by the Clerk, as hereinbefore stated: It is therefore considered, ordered and adjudged that the order made by ti Clerk committing the said James E. Cook to the State Hospital for the Insane st Morganton for treatment, be, and the same is hereby in all respects approved an confirmed, F, Donald Phillips udge Pres & Upon the signing of the judgment the defendant excepts and in open Court gives notice of appeal to the Supreme Court. Further notice waived. By consent, the defendant is allowed 40 days in which to make up and serv? case on appeal to the Supreme Court and the petitioner 30 days thereafter to make up and serve countercase or file exceptions. dent. Appeal bond fixed in the sum of $50.00 and the same is ad judged soffic F. Donald Phillips ——-—Judge Presiding: 4 HH te Ondi n e IN THE SUPERIOR COURT 301 SECOND WEEK - MAY TERM, 19)0 MONDAY, MAY 27th, 190 ( NORTH CARGLINA, ; nm In the Superior Court IREDELL COUNTY. May Term, 190 xt tha Nash, by her Ne wher L. Ge Nash Vse Atlantic Greyhound Vorporation JUDGMENT ; 4 This cause coming on to be heard at the May Term, 190, of the +redell County Superior Court, before His Honor, F. Donald Phillips, Judge Presiding, and was heard by consent of the parties without a jury; that the cause was heard upon od cs 3 statements of counsel for both parties, and evidence submitted to the Court by a duly licensed Physician, and it appearing to the Court that the minor, Martha Nash, ote Sows ae ee fourteen years of age, by her Next Friend L. G. Nash, instituted this action to recover damages which she sustained because of injuries received when the car in which she was riding collided with a bus driven by an employee of the defendant, i Pe eee Se ae SS nes which occurred in the City of Statesville, North Carolina, about 8 o'clock P.M., on — December, 1939; and it appearing that the plaintiff and defendant have agreed upon § eae ae a ne a settlement of all matters and things growing out of the alleged injuries set forth in the plaintiff's Complaint, whereby the defendant has agreed to pay the plaintiff — the sum of Two Hundred Nineteen Dollars ($219.00) in full settlement of the minor's alleged injuries, together with the cost of this action: And the Court carefully examined the evidence in the case, particularly the evidence of the Physician under wose care the minor was treated, and it was made to appear to the Court that the parents of the child are entirely satisfied with the settlement, and that Dr. J. S. Holbrook, of Davis Hospital, who treated, her, is of the opinion that she has made a full recovery from the injuries which she sustained, and that in his opinion there will be no lasting, permanent etfects of the injuries which she sustainea in the alleged accident. After full inquiry into the matter, tne Court entered the following decree: 1. That the plaintiff recover of the defendant, the sum of Two Hundred Mneteen Dollars ($219.00), to be paid by the defen iant into the office of the Clerk of the Superior Court of Iredell County. 2. That out of the funds paid to him, the Clerk shall pay the hospital dill of One Hundred Nineteen Dollars ($119.00) incurred for the treatment of the Plaintirr's injuries, which amount is found by the Court to be @ reasonable charge for the services rendered; shall pay to Bewis & Lewis, Attomeys for the Plaintiff, the sum of Twenty-five Dollars ($25.00) for legal services on hebalf of the plain- ‘iff, which is found by the Court to be a reasonable charge for the services Tendered, 3+ That the defendants pay the cost of this action. 302 IN THE SUPERIOR COURT SECOND WEEK -- MAY TERM, 190 MONDAY, MAY 27th, 190 4. That the settlement between the parties, entered by consent, ts not ’ no unreasonable or unjust to the minor plaintiff, but is to her best interest Sisned and entered, at Statesville, North Carolina, this the 27th day of 0 May, 1940. F. Donald Phillips ——“Tidge Frestitns-———— By consent: Lewis & Lewis Attorneys for Plaintirr Adams, Dearman & Winberry Attorneys for Defendants. Ft a tt holon ttomelemeimetloelotieretlamtimre lotto ditto tibolone NORTH CAROLINA, In the Superior Court, IREDELL COUNTY. May Tern, 190 Dorothy May “ooten by her Next Friend, J. M. Howard Vs. JUDGMENT o— CO DS SS M. R. Wagner and Bill Wagner This cause coming on to be heard at the May Term, 190, of the Jredell Cow Superior Court, before His Honor, F. Donald Phillips, Judge Presiding, and was her by consent of the parties without a jury; that the cause was heard upon statements of counsel for both parties, and evidence submitted to the Court by a duly licensed Physician, and it appearing to the Court that the minor, Dorothy May Wooten, sixter years of age, by her Next Friend, J. M. Howard, instituted this action to recover damages which she sustained because of injuries received when the car in which she was riding, driven by Bill Wagner, collided with a car belonging to Sam Wilson, wid occurred in the City of Statesville, North Carolina, about 11 o'clock P.M.» om 22 April, 1939; and it appearing that the plaintiff and defendants have agreed wpm settlement of all matters and things growing out of the alleged injuries set fort) in the plaintiff's Complaint, whereby the defendants have agreed to pay the plaintil the sum of Eight Hundred Twenty-five Yollars ($825.00), in full settlement of the minors alleged injuries, together with the cost of this action. And the Court carefully examined the evidence in the case, partigulerly evidence of the Physician under whose care the minor was treated, and it w _* appear to the Court thet the parents of the child are entirely satisfied with t settlement, and thst Dr. J. L. Pressly, of H. F. Long Hospital, who treated her, is she aust injuri of the opinion that she has made a full recovery from the injuries which and that in his opinion there will be no lasting, permanent effects of which she sustained in the alleged accident, IN THE SUPERIOR COURT 303 SECOND WEEK -- MAY TERM, 190 MONDAY, MAY 27th, 19]0 After full inquiry into the matter, the Court entered the following decree: 1, That the plaintiff recover of the defendants the sum of Eight Hundred y-five Dollars ($825.00) to be paid by the defendants into the office of the Twent clerk of the Superior Court of Tredel 1 County. 2. That out of the funcs paid to him, the Clepk shall pay the hospital pill of Two Hundred Seventy-three Dollars and Fifty Cents ($273.50 incurred for the treatment of the plaintiff's injuries, which amount is found by the Court to be a reasonable charge for the services rendered; shall pay to Lewis and Lewis, Attorneys for the plaintiff, the sum of Twenty-five Dollars ($25.00) for legal services on hehalf of the plaintiff, which is found by the Court to be a reasonable charge for the services rendered; 3, That the defendants pay the costs of this action. hk. That the settlement between the parties, entered by consent, and approved by the Court, is not unreasonable or unjust to the minor plaintiff, but is to her best interest. Signed and enterdd, at Statesville, North Carolina, this the 27th day of May, 190. F. Donald Phillips Judge Presiding By consent: Lewis & Lewis omeys for Pla Adams, Dearman & Winbe Kitemeys for DeTenionts NA al ln halle lp ll ooo ¥ NORTH CAROLINA ; IN THE SUPERIOR COURT. TREDELL COUNTY. M. M. RICKMAN vs JUDGMENT FOR PLAINTIFF. sels HOLSHOUSER AND R. J. POM BOTHAM, TRADING AND ES TRO Wore S AS MOORESVILLE Soe ee Oe This cause coming on to be heard upon the decision of the Supreme Court *f North Carolina, affirming the decision of the lower Court in favor of the plain- ‘iff, and it appearing to the satisfaction of the Court that the judgment should be entered according to the decision of the Supreme Court; IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the decision of the lover Court in favor of the plaintiff, pursuant to the opinion of the Supreme ¢ re this Cause, be, and the same is hereby entered in favor of the plaintiff, ee ———— re oa i ‘ id r IN THE SUPERIOR COURT SECOND WEEK - MAY TERM, 190 MONDAY, MAY 27th, 1940 as rendered by the Superior Court of North Carolina; and that the Costs of ty 8 action be taxed against the defendants and their bondsmen. F. Donald Phillips DISTRICT TODICTH, This May 21, 190. tee te te te te He Ah chow an the ee ih lem wrt tle hor th tw ilo cao tthe etal elprllescllpently leu No. 1730 ) DIVORCE Eli Robenette 4 - vs } The "Divorce Jury being duly sworn and empanelled, answers the Lucy Robenette ) issues submitted to it as follows: North Carolina, In the Superior Court Iredell County. Eli “obenette Vs. ISSUES Lucy Nobenette } 1. Did the plaintiff and defendant intermarry, and are they now man and wife, as alleged in the complaint? Answer: Yes. 2. Did the defendant abandon the plaintiff, and have they lived separate and apart from each other for more than five years, as alleged in the complaint? Answer: Yes. 3. Has the plaintiff been a bona fide resident of the State of North Carolina for more than five years next preceding the commencement of this action, as alleged in the complaint? Answer: Yes. 4 No. 156 ) ORDER. State { lied with vs It appears to the Court that the defendant has fully ¢ 00 t Wilmer Harris Court Orders and has paid the Court cost and the sum of Wisi and L. A. Rivers, it is therefore ordered that the Judgnent Term order for forfeiture of bond heretofore entered at -_ the this Court be, and the same is hereby stricken out, defendant is dismissed. IN THE SUPERIOR COURT 305 SECOND WEEK -- MAY TERM 19,0 t MONDAY, MAY 27th, 190 ( In the Superior Court, Ipedel1 County. May Term, 190 Bank of rst National yerresville, N. C- p, M. Barger Lumber Co. et al This cause coming on for trial at the aforesaid Term of Iredell Superior court before the undersigned Judge, and it appearing to the Court that the Plain- tire was called by the Sheriff to come in and prosecute this action or it wou}d be nonesuited, and it appearing that the plaintiff failed and neglected to appear and prosecute this action: It is therefore ordered, adjudged and decreed that this action be, and the same is hereby dismissed, and the plaintiff is taxed with the costs. This the 27th day of May, 1940. F. Donald Phillips JUDGE PRESIDING v North Carolina, In the Superior Court, Iredell County. May Term, 1940 Eli Robenette vs. JUDGMENT Lucy Robenette This cause coming on to be heard and being heard at this term of the Superior Court of Iredell County, North Carolina, before His Honor, F. Donald Phillips, Juige Presiding, and a jury, and the jury having answered the issues submitted to it by the Court in favor of the plaintiff and against the defendant, 88 set out in the record: It is therefore, ordered and adjudged by the Court that the bonds of matri- tony heretofore existing between the plaintiff, Eli Robenette, and the defendant, lucy Robenette, be, and the same are hereby disolved, and the plaintiff is granted absolute divorce from the defendant. F. Donald Phillips Judge Presiding Pty ppectgegpecgpemtpectgctpentpemtpestpeetpntptpmetp mato 306 307 IREDELL COUNTY. of Drainage Commissioners Bon barrus County Drainage pistrict No. 6 (Rocky River) vs 0. Cashion and wife, Jennie 8. Cashion, et ale a REPORT OF SALE Pursuant to and in obedience to the order of the Court, the wmdersigned Commissioner advertised and sold the land described in the complaint in the above entitled action at the Court House door in Iredell County, N. C., at 12 o'clock Yoon on Monday, March th, 194.0, when and where Federal Land Bank became the Ti last and highest bidder for said property at the price of $100.00. Je Le Crowell, JP. Commissioner A Piled kth March, 1940. ; C. G. Smith fg) erk of Superior Court Iredell County eo <0= <-0- -0= <0- ee ri NORTH CAROLINA, IN THE SUPERIOR COURT. IREDELL COUNTY. Board of Drainage Commissioners of Cabarrus County Drainage District No, 6 (Rocky River) vs. C. 0 Cashion and wife, Jennie B. Cashion and others. FURTHER REPORT OF COMMISSIONER. if eS i To the Superior Court of Iredell County: The undersizned Commissioner reports that since the sale of the land des- eribed in the complaint in the above entitled action at public auction at the Court house door in Iredell County on March th, 1940, no increased bid has been filed, and more than twenty days have now elapsed since the date of sale. That said sale was in all respects advertised as required by law, and open and fair to all parties interested. Your commissioner further reports that from his best information and belief some of the holders of bonds against the Drainage District have been threatening to sue the Commissioners by mandamus to compel them to levy an additional assessment to make up any deficiency, and on account of this threat the bidding has been chilled; and in the opinion of your Commissioner the bid of $100. by the Federal Land Bank of Columbia, who is the holder of a first mortgage against the land, under the cireumstances, and all things being duly considered, is a full and fair price, and therefore recommends that said bid be confirmed. This April 3, 190. J. Le Crowell, Jr . ° L. = Comnissioner. ORDER OF CONFIRMATION This proceeding azain coming on to be heard and it appearing to the Court we J. Le Crowell Jr Geumbesiene® appointed by the Court to sell the lands described a the complaint in this action, did on Monday} March jth, 1940 at the court House said in Iredell County, N. C. sell at public auction to the highest bidder, and @ pri sale the Federal Land Bank of Columbia became the last highest pidder for the rt of $100.00. It further appearing to the court that said sale was in all res- te § properly advertised as required by law, and open and fair to all parties in- od “aco and it further appearing that more than twenty days have elapsed since * of : and no increased bid has been filed. And it further appearing from the —— sates” Commissioner, and under the circumstances all things being ape gee e i bid tl offered by the Federal Land Bank of Columbia is a full end fair price 4 08 make 2°P@by confirmed, and said Commissioner is hereby authorized and directe oe and t deed in fee simple to the purchaser upon payment to him of the purchase price, ile his account with this court. This A pril 8th, 190. C. G. Smith Clerk Superior Court. | bs "WH : / 1 ; 308 NORTH CARGLINA, In the Superior Court IREDELL COUNTY. Before the Clerk Tucker Sanatorium, Inc., a Corpo- 4 ration of the State of Virginia, Plaintiff, q Vs. ' FINAL JUDGMENT K. D. Blankenship, Defendant. q This cause coming on to be heard, and being heard, before the undersi meg Clerk of the Superior Court of Iredell County, North Carolina, on this Monday, 27 May, 1940, on motion of Adams, Dearman and Winberry, Attormmeys for the plaintire, for judgment by default final, and it appearing to the Court: ole that summons was issued from this Court on 19 April, 1940, to the Sherif of Iredell County, and was returnable as provided by law. a2e that on 19 April, 1940, the plaintiff filed a duly verified Complaint with the Clerk of the °uperior Court of Iredell County demanding a sum certain in money due on a promissory note, a copy of which note was contained in the Complaint: -3- that the summons was served on the defendant by H. M. Reid, Deputy Sheriff of Iredell Younty on 19 “pril, 1940, by leaving with the defendant a copy of the summons, together with a copy of the Complaint. -- “hat the time allowed for the defendant to plead has elapsed, and the tin has not been extended, and no answer, demurrer, other pleading, or motion, has bem filed by the defendant. -5- That the plaintiff exhibiied the promissory note sued on in this action wo the undersigned Clerk of the Superior Court of Iredell County, and the Court fins that there is due on this note the sum of Seven Hundred thirteen Dollars and Bight five Cents ($713.85) together with interest thereon at the rte of six per cent pe annum from 26 July, 1938, until paid, ule “hat the note sued on in this action and exhibited to the Court has been mi that Judgment has been obtained thereon, and the same attached to this judgnents ine I? I8, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND DECREED that the Pi* red Thirte# the mi tiff recover of the defendant, K, D, Blankenship, the sum of Seven Hund Dollars and Eighty-Five Cents ($714.85), together with interest thereon at of six per cent per annum from 26 July, 1938, wntil paid, together with —— this this action to be taxed by the Clerk of Court. Cc. G. Smith érk Superior court © County This Monday, 27 May, 190. HHH eee eennnne ee eee © * Oe 309 In the Superior Court Before the Clerk hy. 3457 © exw dams, Guardian of the Estate rg assent. Incompetent, and of B Tnberry, Substituted Trustee, we Plaintiffs, JUDGMENT FINAL AND vs. ORDER OF FORECLOSURE Incorporated, Cc an Iredell Land Yompany Defendant This cause coming on to be heard, and being heard, before the undersigned clerk of the Superior Court of lredell County, North Carolina, on this Monday, the 10th day of June, 1940, on motion of Adams, Dearman & Winberry, Attormeys for the plaintiffs, for judgment by default final, and for foreclosure of a Deed of Trust, and it appearing to the Court: ale That summons was issued by this Court on the 8th day of May, 1940, for the defendant, Iredell Land Company, Incorporated, and was returnable as provided by law. ae That on the 8th day of May, 1940, the plaintiff filed a duly verified Complaint with the Clerk of the Superior Court of Iredell County. -3- that on the 8th day of May, 1940, the summons was served on the Iredell Land Company, Incorporated, by C. R. Bailey, Deputy Sheriff, of Iredell County, by leaving a copy of the summons, and a copy of the Complaint, with each of the following: H. 0. Steele, President of Iredell Land Company, Incorporated, and F, He Deaton, Secretary and Treasurer of Iredell Land Company, Incorporated. -i- That this is an action demanding a sum certain in money due on 4 promissory note, and for the foreclosure of that certain Deed of ‘rust, executed by Iredell land Company, Incorporated, to Dent Turner, Trustee, dated January 1, 1929, filed for record on January 4, 1929, and duly recorded in Mortgage Deed Book 82, at page 40, Iredeli County Registry, and which Deed of Trust conveys the land therein described as security for the payment of the note set forth in the Yomplaint. -5- That the time allowed by law for the defendant to answer, or otherwise or otherwise pleading, has not been pleading in Plead, has expired, and the time for answering, *xtended, and the defendant has not filed an answer, motion, or other this action, obe That the note, in the sum of $2,196.83, executed by the Iredell Land He He Gregory, that the note, Company, to Dent Turner, Commissioner, belonged to the Estate of W. ™. * secured by the aforesaid Deed of Trust, and has been fully paid; in the sum of $5,803.17, payable to Dent Turner, Commissioner, was also secured by es re an ’ 310 the aforesaid Deed of irust, and is the note sued on in this action, the note he y been duly transferred and assigned to Monroe Adams, Guardian of the Estate of * Gregory, Incompetent. -7- that Monroe Adams, Guardian of the Estate of Mary Gregory, Incompetent, ; » ts the legal owner and holder of the note sued on in this action, the same being a not note dated January 3, 1929, executed by Iredell Land Yompany, Incorporated, to pent Turner, Commissioner, in the sum of $5,804.17, and secured by the aforesaid Deed of Trust. Be That Monroe Adams, Guardian of the Estate of Mary Gregory, Incompetent, has exhibited to this Court the aforesaid Note, being the note sued on in this action, ai also the aforesaid Deed of ‘rust which secures the payment thereof; that there ts dy on the note sued on in this action the sum of $5,020.65, with interest thereon at ty rate of six per cent (6%) per annum from March 1, 1940, until paid. -9- That the aforesaid Deed of Trust is not a lien on the land which has been excepted and released therefrom, said land being as set forth in paragraph lj of th Complaint. @-10= that after cupbing from the boundaries of the tract of land described in the aforesaid Deed of Trust, the land referred to in paragraph 14 of the “omplaint, ther remains the land described in paragraph 15 of the Yomplaint upon which the aforesaid Deed of trust is a specific lien, and which land is described as follows: Lying and being in Statesville (Outside) Township, Iredell County, North Carolina, and more particularly described as follows: Beginning at an iron stake, Lowrance property, formerly “. W. Orr's — and formerly Rockwell's corner, and running thence N. 86-3/4 W. 1518 feet to a iron stake, Bozgs' corner; thence with Boggs' line, N. Tepe E.957 feet to an ine stake, new comer between Iredell Land Company, Boggs and Lowtharpe; thence , Lowtharpe's line N. 67 E. 122 feet to a stake, his corner, thence with the line ° the tract Iredell Land Company bought from A. D. Boggs, by deed recorded in es 137, page 188, S. 37-1/2 E. 121 feet to a stake, thence N. 72 E. 91 feet tos thence N. 12 W. 125 feet to a stake in the line of the tract sold to Lowtharpe with the Lowtharpe line N. 67 E. 170 feet to an iron stake on the West side fa road; thence with the Lowtharpe line N. 59 W. 139-1/2 feet to an iron stake; to and Boggs corner; thence with the line of the tract Iredell Land Company a 1 A. D. Boggs by deed recorded in Book 139, page 41h, N. 26 W., opossing me t to © feet to an iron stake; thence continuine with Boggs! line, N. 8-1/2 W. 1,60 me iron stake, his-new cornes; thence with Boggs' line N. 5 E. 512 feet to® *” the old Rock Road; thence S. 9 E. with the old Rock “oad to Highway No. ll), thence S. 49 E. with Highway No. 115 to a point in the West edge of said 5 entire line being a distance of 891 feet; thence with Highway No. 115 5 25, fe feet to an iron stake the corner of J. B. White; thence with his line S. 7 ach's feet to an iron stake, his corner; thence S. 42 E. @ith White's line, toen aa the line, and then McLain's line, 323 feet to a stake in the dirt. road which , old Gregory house, sometime called Gregory Avenue; thence with Bunch's line, an i108 W. 175 feet to an iron stake; thence with Bunch's line, 8S. 76 W- 168 feet eben stake; thence with Bunch's line, S. 3-1/2 W. 192-1/2 feet to an iron otares ine, of with Bunch's line, N. 77 E. 175 feet to an iron stake; thence with Bunce 2) jot Lackey's line, 8. 3-1/2 W. 815 feet to the beginning, containing B-1/2 sore. v4 that there is excepted from the above boundaries that certain lot of land recorded by Iredell Land Company to Mrs. R. E. Page and husband, R. E. Page, bY pesorded 32 in Book 118, page 165, Iredell County Registry, released by instrument re Book 120, page 15h, and particularly described as follows: 311 Beginning at & stake on Gregory Avenue, said stake being feet due West the intersection of Gregory Avenue, and North Center Gretta running re eth 300 feet to @ stake; thence due West 200 feet to a stake; thence due S. 500 feet to a stake, in the pet oe of Gregory Avenue; thence with Gregory Avenue 700 Bast 200 feet to the beginn qhe above land is subject to the right od way of the public road leading vy the old Gregory house, being sometime called Gregory Avenue. That the above description is according to a survey made by L. 0. White, nt and the plat made by him, bearing date of 1 September, 1939, showing the above ) gesoribed land, is hereto atteched and made a part hereof. yi There is contained in the above description the lots shown by the plat in plat Book 1, page 155, which are unsold. ell. That C. B. Winberry has been duly substituted as Trustee in the place and i stead of Dent Turner, trustee, and has joined himself as a plaintiff in this action. | 7 -12- that the Intangible Tax to the State of North Carolina on the note sued on in this action has been paid through December 31, 1939. | -13- The Court further finds that the facts alleged in the plaintiff's Complaint [Bh are true and correct, and that the conditions of the Deed of Trust herein mentioned have been broken, and that there is now due and owing to the plaintiff, Monroe Adams, fi Quandian of the Estate of Mary Gregory, Imcompetent, by the defendant, Iredell Land ?t; Company, Incorporated, on the above described indebtedness, the sum of Five ‘4 Thousand Twenty Dollars and Sixty-five Cents ($5,020.65) with interest thereon at . the rate of six per cent (6%) per annum from March 1, 1940, until paid; that the re amount now due and owing to the plaintiff is secured by the aforementioned Deed | of Trust, which Deed of Trust is a lien on the land described in paragraph 10 above, and that the plaintiff is entitled to judgment for the balance due and owing, and is entitled to an order to foreclose the aforementioned Deed of Trust. IT IS, THEREFORE, ADJUDGED, ORDERED, AND DECREED: 1. That the plaintiff, Monroe Adams, Guardian of the Estate of Mary Gregory, Incompetent, recover of the defendant, Iredell Land Company, Incorporated, the sum of Five Thousand Twenty Dollars and Sixty-five Cents ($5,020.65), with interest thereon at the rate of six per cent (6%) per annum from March 1, 1940, until paid, together with the costs and disbursements of this action. 2. That the Deed of Trust recorded in Book 82, page 0, is a lien on the land described in paragraph 10 above, and the money judgnent herein rendered in favor of the plaintiff be, and the same is hereby declared a specific lien on said land, 3+ That the Deed of Trust recorded in Book 82, page 0, Iredell Couwtty Registry, be foreclosed. 4. That the land desctibed in paragraph 10 above, is condemned to be sold for the satisfaction of the judgnent of the plaintiff, and that upon the sale of the “ld premises all the right, title, interest, and equity of redemption of the “efendant,, Iredell Land Yompany, Incorporated, as well 4s all persons whomsoever is 312 claiming by, through, or under the same in and to the premises or any part th Sreot herein ordered to be sold, be, and the same hereby are, forever barreg and fo Te. closed; that C. B. “inberry, Substituted Trustee, be, and he is hereby, divested of the legal title, and forever barred from any right, title, claim or interest tn the land ordered to be sold. 5 That C. B. Winberry, be, and he is hereby, appointed as Commtsstons, to sell the land described in paragraph 10 above, subject to the Confirmation Of the Court, and under the orders and directions of this Court. 6. That unless the indebtedness herein adjudged to be due the plaintire, including the costs and disbursements of this action, is paid immediately, that the land described in paragraph 10 above be sold, at public auction, at the Courthouse door in Iredell County, North Carolina, on Saturday, the 14th day of July, 1940, at 12 o'clock, Noon, after first advertising the same by posting a notice at the Court. house door of Iredell County, and three other public places in Iredell County, for thirty days immediately preceeding the sale, and by publishing notice of the sale once a week for four consecutive weeks in The Statesville Daily, a newspaper pu- lished in Iredell County, North Carolina. 7. That the terms of the sale shall be cash. 8. That the proceeds from the sale shall be applied, first, to the costs of this action, and the expenses of the sale, including compensation for the Commissiou in an amount not to exceed 5% of the sale price; second, to the payment of all unpil taxes which are a lien on the property; and, third, upon the juigment rendered heres in favor of the plaintiff, and the surplus, if any, paid into this Court for the bell of those entitled thereto. 9. That permission is given to the plaintiff, Monroe Adams, Guardian of the Estate of Mary Gregory, Incompetent, to bid at said sale, or any resale, of the Lent herein ordered to be sold, and to become the purchaser thereof, and should he become the purchaser, after paying the costs and necessary disbursements of this actic) and expenses of the sale, and any wpaid taxes, the balance of the bid. shall be arplie as a credit upon the judgment rendered herein. 10. That upon the confirmetion of the sale of the land described in par graph 10 above, by the Clerk of the Superior Court of Iredell County, and when terms of the sale shall have been fully complied with, C. B. Winberry, Commissiont? shall make title to the purchaser, in fee simple, and thereupon the purchaser a be put in possession of the aforesaid premises on production of the Deed” 11, That the Commissioner shall report his proceedings in this cause ” this Court. This cause is retained for further orders, this Monday, ‘the 10th day of June, 190. Atwy C. G Smith i { a érk o uperior . ‘ Jw / County ¥ ¢ a / / { od a* tet Pe HHH eee eee enneeeeneeeee® fr ra Tae! ds F ail hg Jf . ee 313 Lee George, trading Aes nohants Produce Co. Ce ding as Frank Moore, tre prank’ 8 Grocery EXECUTION AGAINST PROPERTY Issued 20 March, 19,0. Received 20 March, 190. 1d made payment refused. Fee for laying off homestead not paid until this pameien (for within Execution to be served and executed) expired. Alias Execution [ff secured this June 11th, 1940. . C. L. Gilbert, Constable. C. Le Gilbert Constable. (1.33-86-#3348) he This June 11th, 1940. Alex & Lee George, trading as Merchants Produce Co. -vs- i EXECUTION AGAINST PROPERTY. Frank Moore, trading as Frank's Grocery , Issued June llth, 190. Received Jume llth, 190. Homestead allotted by summonsing appraisers J. H. West, C. C. Huitt and J. B. Earle. i No excess found from which to satisfy this execution. r ~ (cee a ll This June 11, 1940. (J.-33-86-#3348 ) i C. Le. Gilbert Constable y NORTH CAROLINA, § : IREDELL COUNTY. § 1 Alex & Lee George, trading as ) Merchants Produce Company ) vs. 4 HOMESTEAD AND PERSONAL PROPERTY EXEMPTION. Prank Moore, trading as Frank's ; Grocery I, C. L. “Albert, Constable of Iredell County, have this day summoned J. B. Earle, John West, and C. C. Huitt, as appraisers to lay off and assign to the said Frank Moore, his homestead and personal property exemption. Each of said appraisers {8a discreet person and qualified to act as a juror in said County. This the llth day of June, 190. C. L. Gilbert Constable APPRAISERS! RETURN The undersigned, having been duly summoned and sworn to act as appraisers om homestead aan samemenl sconerty exemption of Frank Moore of Statesville Town- nee’ Iredell Comty, by C. L. Gilbert, Constable of said County, in the case of Pr & Lee George, trading as Merchants Produce Company -vs- Frank Moore, trading tank's Grocery, do hereby make the following return: We have viewed and PPraised the homestead of the said Frank Moore and the dwellings and buildings uaa at owned and occupied by the said (No Real Estate) Frank Moore, as ® —- which we valued at $ (No real estate). Said homestead adjoins the lands o tl Ty exempt Ton and others and is bounded as follows: (none) * exempt from sale under execution, according to law. At the same time and place we viewed end appraised, at the value annexed, o following articles of povasaal property, selested by the said appraisers, h Stock of groceries - value $212.94; fixtures - value $138.00, whic mig ear £0 be a fair valuation, and ee said articles are exempt from sale under On. 314 We hereby certify, that we are not related by blood or marria judgnent debtor or the judgment creditor in the above entitled action’ arg = no interest, near or remote, in the above homestead or personal property exempt; on, Given under our hmds and seals, this the llth day of June, 190, - J. B. Earle (Sea}) de He West (Sea)} The above return was made and subscribed in my prosence, the llth day of une, 1 * —, i C. L. Gilbert Constable To the Clerk of the Court of Iredell County. The within named J. B. Earl, J. H. West, C. C, Huitt were summoned, sworn and quali- fied according to law as the appraisers of the homestead and personal property exemption of the said Frank Moore, under and execution in favor of Alex & Lee George, t/ a Merchants Produce Co. on this the 11 day of June, 190. C. Le. Gilbert Constable Ft ttt ttt Pi PtP i ti ti i i i ett NORTH CAROLINA, IN THE S''PERIOR COURT IREDELL COUNTY. Annie Pierce, minor, by her next friend, Mrs. T. P. Pierce vs JUDGMENT Southern Railway Company This cause coming on to be heard and being he rd before His Honor, Carl G, Smith, Clerk of the Superior Court of Iredell County and it appearing ” the Court that all matters in controversy between the parties to the above entitled action have been mutually adjusted and settled between themselves and that the plaintiff desires to take a voluntary non-suit: ; NOW, THEREFORE, Upon motion of Lewis & Lewis, Attorneys for the plain it is ordered, adjudged and decreed that the plaintiff's alleged cause of action ™ t the and the same is hereby non-suited and the cost of this action taxed agains plaintiff. This the 31st day of May, 190. Ce Ge Smi th . th 4h db Abt dd Ah Abd th Ab db dh S.ctbstiatastatestsie teuitstasitn IN THE SUPERIOR COURT { yoRTH CAROLINA COUNTY. BEFORE THE CLERK pr. Ly 0» Gibson and f , J, Qe Lewis : Vs JUDGMENT OF NON SUIT ' Joe L. Harrison This cause coming on to be heard and being heard before the undersigned clerk Superior Court, and it appearing to the Court, upon motion of Lewis & Lewis, Attorneys for the Plaintiff, that the plaintiff desires to take a voluntary non-suit in this action, and it appearing to the Court that the plaintiff has paid all cost incurred in this action: It is therefore ordered, adjudged and decreed that this action be, and the same hereby is, nonsuited. This the 20th day of June, 190. C. G Smith Clerk of Superior Court. tt a ee tt te a te tt i ttt tt tt tt i tt tt tt / Jorth Carolina ' | In the Superior Court Iredell County. } John R. Morrison, Sr., C. K- Yorrison, end Ray Morrison, oy his neg@t friend, J. R. Morrison, Jr., PLAINTIFFS Vs. JUDGMENT Commercial National Bank of Charlotte, Administrator, C.T.A. of Stacy D. Arrowood, deceased Di:FENDANT This cause coming on to be heard, and being heard before the undersigned Clerk of the Superior Court of Iredell County, and it appearing to the Court that the plaintiffs and defendant have settled and compromised all matters and things in dispute in this action and that the defendant has paid the plaintiffs the sum *ereed upon, and it further appearing to the court that the costs have been paid by the Parties to this action according to their agreement: It is therefore, ordered and adjudged by the Court that this cause be, and the same is hereby non-suited and dismissed. This 2th day of June, 190. Cc. G. Smith Glerk of Superior court of — Iredell County. et Te North Carolina ee ef ee In the Supe rior Court Iredell County : Broadway Discount Corporation Vs. JUDGMENT Se a a E. G. Vaughn This cause coming on to be heard before C. &, Smith, Clerk of the Super op Court of Iredell County on Monday, July 1st, 19.0 and being heard and it appearing that the note sued on oy the plaintiff has been satisfied in full, It is, therefore, on motion of Z. V. lurlington, Attorney for Plaintiff, adjudged that this cause be and the same is hereby non-suited. This the lst day of July, 190. C. G. Smith Clerk Superior Court STATE OF NORTH CAROLINg, IN THE SUPERIOR COURT COUNTY OF IREDELL. C. C. Johnston and W. C. Johnston, partners, doing business under the firm name of Johnston Hardware Company/ Plaintiffs, Mrs. Minnie T. Moore, owner, and W. C. York, contractor, ' } } } } =ve- } Judgment } { ) Defendants. In the above entitled action, it appearing to the Court that all matters ie at issue and involved herein between the plaintiffs and the defendant, Mrs. Minn t T. Moore, as set out in the pleadings have been compromised and settled and tha the costs of the action have been paid in full, for It 4s, therefore, by and with the consent of Albert L. Starr, Attomel ore plaintiffs, and Gibson & King, attorneys for the defendant, Mrs. Minnie T. Moore dise ordered and adjudged that this action be and the same is hereby nonsuited and missed in so far as the same relates to the defendant, Mrs. Minnie T. Moore ates It is further ordered that this action be retained so far as it re) to the defendant, W. C. York. 317 Done at my office 4n the Courthouse of Iredell County, in the town of lle, North Carolina, this 16 day of July, 190. statesvi C. G. Smith Clerk Superfor Court of Iredell County we CONSENT: t ee As Le starr riomey Tor the Plaintiffs. Gibson & Ki ormeys tor efendant, , Mrs. Minnie T. Moore. | “or emnage er i ; Nett tt a tl aati ti i atti iia tema i | ) : ae | a3 North Carolina, In the Superior Court. Iredell County. D. Le Stewart, ah 5 of v8. 4 ORDER Pia ' aan D. L. Raymer and H. B. Cooper } ee at i This cause coming on to be heard before the undersigned Judge holding i ’ Courts of the Fourteenth District of North Carolina, and it being agreed by counsel 2) ‘4 b for the plaintiff and the defendants that the same shall be heard by His Honor, Henry A. Grady, and being heard by him by agreement and consent of all parties, It is now, also by consent, ordered and adjudged that this cause be and the same is hereby referred to Hon. Z. V. Turlington, Mooresville, N. C., who is authorized to hear the evidence and pass upon all controverted facts arising upon the pleadings and make his report to the Superior Court of Iredell County when Practical, He is required to give counsel for the parties ten days notice of the hearing, It appearing to the Court that an attachment was issued in this cause &sainst the property of H. B. Cooper and he having appeared in the cause and filed Pleadings, and the attachment being of no further service to the parties, it ordered ‘hat the same be vacated and set aside. It further appearing to the Court that the persecution bond given by the Plaintitr is insolvent and the defendants having moved the Court to require @ “olvent bond, it is ordered that the plaintiff within sixty days from this date ‘ile an additional bond in the sum of $200.00 to be approved by the Clerk of Superior °f Iredel2 County, North Carolina, and to be justified, and in case such bond is “S given within the period above given, the action is to stand dismissed. 7 _—, * . at iit Done in Charlotte, N. C., this April 29, 190. Henry A. Grad uage of Superfor Cour ti tla eleanor lr eae cn he le a th lh tig NORTH CAROLINA, IN THE SUPERIOR COURT. IREDELL COUNTY. Lynn Sherrill and wife, Nancy Sherrill, Plaintiffs, JUDGMENT. D. Le. Raymer and H. B. Cooper Defendants ) } } } -vVs- { ( } , This cause came on to be heard before the undersigned Judge, presiding over the Superior Courts of Mecklenburg County, by consent of all of the parties, venue and jurisdiction being waived by all of the parties, and Raymer & “aymer, of States ville, N. C., and Hal B. Adams, of Lenoir, N. C., representing both of the defendarts, come into court and announce that H. B. Cooper, who now resides in Cuba, wishes W come into court through them and be made a party defendant and submit to the juris diction of the undersigned Judge, and upon their suggestion and by their consent is made a party defendant and is to be bound by the terms of this Judgment. ‘he matter was heard upon demurrer filed by the defendant, D. L. Raymer; but after th pleadings had been read it was suggested th.t the Court hear the whole matter and enter such Judgment as the admitted facts would show to be just and proper ” defendants, D. L. Raymer and H. B. Cooper, through their counsel, Raymer & Raymer, and Hal B. Adams, disclaimed any richt, title, interest or estate in and to the t, and stated wee ng $ret tract of land referred to and described in Article 10 of the Yomplain to the Court that they were willing for the Court to enter a Judgment declart an the plaintiffs were the owners of said lands in fee simple, free and clear of any might claim, right, interest or estate which the defendants, or either one of them, at this time assert to the same. e betwee te Upon the statement of counsel, and in order to do exact justic owne?® parties, IT IS NOW ORDERED, ADJUDGED AND DECREED, ‘hat the plaintiffs @r° ” teen and entitled to the possession of that certain tract of land containing sere + a fret and one-half (17%) acres, and described by metes and bounds in a certain - rustee D. L. Stewart and wife, and in a purchase money mortgage to D. Le Raymer, T for D. L. Stewart, which Deed and Mortgage or Deed of Trust are pecord 319 at page 138, and in Book 80 at page 170, of the Kegister's office of Iredell County» which instruments are here referred to and the descriptions therein con- tained are made a part and parcel of this Judgment, in the same manner as if herein repeated in detail. IT IS FURTHER ORDERED, ADJUDGED AND DECREED, That neither one of the defendants has any right, title, and interest or estate in and to said 17z acre tract § of land, and they are hereby forever foreclosed and precluded from asserting any right, title, interest or estate in and to the same, oO The Court, in its discretion, and because of the matters and things referred to and facts admitted, does hereby tax the costs of this action azainst the defen- dants, and the same will be so taxed by the Vlerk of the Superior Court. The Clerk of the Superior Court, acting under the direction of counsel, is hereby ORDERED AND DIRECTED to cancel of record the Deed of Trust made by the plaintiffs which represented a part of the purchase price of said lands, and said Clerk will recite, in his cancellation, his authority for so doing, under this Judgment, givins the Book and Page where this Judgment is recorded and docketed in his office. The parties to this action, throuzh their counsel, both plaintiff and defendent, submit themselves to the jurisdiction of the Court and agree that the undersigned Judge might pass upon all matters arising upon the pleadings, and that no Exception will hereafter be taken, in-so-far as jurisdiction and venue might be concerned. Done at Charlotte, North Carolina, this 2nd day of May, 1940. Henry A. Grady Judge Presiding over the Superior Courts of Mecklenburg County. ttielemeinnlonowaprentnieeieti le lr tnw ila ES eS ee ne NORTH CAROLINA, In the Superior Court IREDELL COUNTY. Before the Clerk 1, Briley, Receiver of the First National Bank ‘ Carolina, of Statesville, North ) ) ) Plaintiff. 4 st ) JUDGMENT ". B. Webb, Defendant. ) This matter being heard by lis Honor, C. G. Smith, Clerk of the Superior "ourt of Iredell County, upon the verified statement of W. E. Webb that he is justly Bank of Statesville, North 00) and i Mebted to W. L. Briley, Receiver of the First National ¢ ‘e “wlina, in the principal sum of ‘hirty-four Hundred Eighty-five ($3485. es a CT a s oom ioe = ae a. ae ane pres ra x 320) 391 interest thereon to 15 July, 1940, in the amount of Eighteen Hundred Sixty. five | i. Dollars and Thirty-one Cents (91865. 41), tozether with interest at the rate of a i: i Ie : 81x ney tes cent per annum until paid; ) : | If IS, THEREFORE, OXDERED, ADJUDGED AND DECREED that W. L, Briley, Rece} Vy | i Ver of F id f the First National Bank of Statesville, North Carolina, have and recover judgment ‘i ’ i : i azainst W. E. Webb in the sum of Fifty-three Hundred Fifty Dollars ang Thirty-one I nae un ee Ph Cents ($5350.31), together with interest at the rate of six per cent per annum fron i f 15 July, 1940, together with the costs to be taxed by this Court. A i’ This the 24rd day of July, 190. a | i vty Ue C. G. Smith Las Ni Clerk Superfor Court of Iredell Tea cB County. ei pi j f sh For value the within judgment is hereoy assigned without recourse and without warrenty a of any kind or character to Charles A. Webb, his heirs and assims. ay hay || July 23, 1940. a ii | W. Le Briley Receiver did K ) Birst National Bank, ie Statesville, N. C. up he aN Ms \ RU 1 é Lite . dhe sk . | Ui re Be ee ee ee ee A 3 { ; } 4 ee ui a ; i ayo | ma i ¥ y" my ' fy De by eh gt He . } a IN THE SUPERIOR COURT FIRST WEEK -- AUGUST TERI 19)0 323 MONDAY, JULY 29th, 190 yoRTH CAROLINA , IN THE SUPERIOR COURT, IREDELL COUNTY. FIRST WEEK -- AUGUST TERM 190 Be it remembered that a Superior Court was begun and held in and for the County and State aforesaid at the Courthouse in Statesville, N. C. at 10:00 otclock on the 29th day of July, 1940, when and where His Honor, G. V. Cowper, Judge + ra a ‘y i} Mi ; presiding, 18 present and presiding by-exchange with the Honorable H. Hoyle Sink, i NH mder order of the Governor of the State of North Carolina as follows: r i ”, "EXECUTIVE DEPARTMENT He i STATE OF NORTH CAROLINA. ue 43 COMMISSION OF THE GOVERNOR TO HIS HONOR. Wi i To HON. G. V. Cowper: Hy | rs One of the Special Judges of the Superior Courts of North Carolina Xe iP GREETING: ne i ‘ WHEREAS, It has been made to appear to the satisfaction of the Executive F a R Department that good and sufficient reasons exist why H. Hoyle Sink, one Ati of the Judges of the “uperior Courts of North Carolina, is unable to hold i the term of the Superior Court for the County of Iredell, beginning July 4 : 29th: Bs NOW, THEREFORE, I, CLYDE R. HOEY, Governor of the State of North Carolina, ih i ; by vibtue of authority vested in mp by law, do hereby commission you to i hold said term of said Court for the County aforesaid, beginning on i iv | Monday, the 29th day of July, 19,0, and continue two weeks, or until i ' . aa the business is disposed of. (mixed term) IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great i Seal of the State to be affixed, this the 40th day of May, in the year of our Lord one thousand nine hundred and 0, and in the one hundred and 6th year of our American Independence. | Clyde R. Hoey ' By the Governor: Hathaway Cross Private Secretary T. (THE GREAT SEAL OF NORTH CAROLINA)" and the Honorable Charles L. Coggin, Solicitor and Prosecuting Attorney for the *ifteenth Judicial District of North Carolina, 1s present and prosecuting in the mm of the State, and John W. Moore, High Sheriff of Iredell County, is present, and *pened Court by order of the Court. John W. Moore, High Sheriff of Iredell County returns into open Court the ni “w* of the following good and lawful men to serve as Jurors for this the First Bruce R, 8 the August Term, 19,0, Iredell Superior Court, to-wit: Carrigan 4H. A. Yount J. M. Cass H. 0. Montgomery R x ¢, Weisner C. L. Corpening Re F. Lackey Geo. W. Garrison C, z, Summers Silas W. Wherrill C. Ee. Reitzel W. 0. Poole 324 to P. I. He as D. as C. Me C. Bowles M. Lazenby R. Joyner F. Morrison G. Crater A. Hoover IN THE SUPERIOR COURT FIRST WEEK - AUGUST TERM 19,0 MONDAY, JULY 29th, 190 v J. Be Crawford C. We. Suther T. G. Kistler T. J. Murdock Je Re Redman H. R. Hoover Henry D. Howard P. S. Boyd Ee. R. London Je Le Clontz Albert F. Crowson , F. A. Dunlap F. M. Spears D. Carlos Privett W. M. Horn I. G. Reid J. Le Cook The following good and lawful men were chosen and sworn as the Grand Jury serve for the Six Months period ending December 3lst, 190, to-wit; S. Boyd, Forem. G. Reid A. Yount J. Murdock Carlos Privette O. Poole H. R. Hoover Silas W. Sherrill H. O. Montgomery Je Le Cook George W. Garrison Albert F. Crowson Henry D. Howard F. M. Spears R. F. Lackey C. E. Reitzel W. F. Morrison E. R. London P. S. Boyd was sworn as Foreman of the Grand Jury and H. E. White was sworn Officer to the Grand Jury. The following good and lawful men were sworn to serve as petite jurors, to-mit; Bruce Rk. Carrigan Reg. C. Weisner te Sumners C. Bowles A. A. Hoover C. Le Corpening J. Be Crawford T. G. Kistler J. Re Redman Je Me. Cass F. A. Dunlap excused on Doctor's Certificate. Ke Me. Lazenby, excused by Court. i Je Re Joyner ¥ N. Ge Crater Noe 32 State -vs- Lee F, Blevins No. 41 State -vs- Hoyt M. Lippard ' Noe 52 State -vs- Samuel Hiatt . Noe 58 State -vs- Nobert Hunt No. 69 State -vs- Thomas Wm. Chandler No. 73 State -vs- G. S. Washburn ) A.W.D.W. With Intent to Kill. Alias Instanter Capias. } COMPLIANCE. ) Continued under former orders. PROBATION CASE. Continued under former orders. } NON COMPLIANCE WITH COURT ORDERS. fiias Instanter Capias, NON COMPLIANCE WITH COURT ORDERS. Alias Instanter Capias,. NON COMPLIANCE WITH COURT ORDERS. } Alias Instanter Capias. C. W. Suther Je Le Clontz We Me Horn W. W. Williamson No» 80 state “VS~ andy Moose ( Hoe 92 v8 e eve” an privette v Noe 95 State -vSs~- Jimmie Campbell | NOo 102 State -VS~- Mary McDonald ( NOo 103 State -vSs- R P, Wilhelm v Noe 105 State -VSs- Felton Dalton ( NO» 107 State -vs- Buck Brown / Noe 130 State -vs- Charlie Daniel No. 131 tate -vs- Eugene Johnson Yo, 155 State -vs- 8. B. Johnson f No. 188 State -VS- Donald H. Troutman “Wo. 19) State «yg. Robert M, Troutman / No, 196 Kenneth Gibson ' No, 19 State a Paul Beaver F ; No, 200 State ~yg. DeWitt McCurry ¥ Ho, Sata wo? 306 "d?ord Sherrill IN THE SUPERIOR COURT FIRST WEEK -- AUGUST TERM 190 oS aS <a ee le ee eS o—<— <—_ <_———— S>-<< MONDAY, PROBATION CASE. JULY 29th, 190 Continued under former orders, NON COMPLIANCE WITH COURT ORDERS. ALIAS Instanter Capias. NON COMPLIANCE WITH COURT ORDERS. Alias Instanter Capias,. DISTURBING RELIGIOUS WORSHIP Continued under former orders. PROBATION CASE. Continued under former orders, PROBATION CASE. Continued under former orders. NON COMPLIANCE wITH COURT ORDERS. Defendant called and Failed. and Instanter Capias. PROBATION CASE. Continued under PROBATION CASE. Continued under PROBATION CASE. Continued under PROBATION CASE. Continued under PROBATION CASE. Continued under PROBATION CASE. Continued under PROBATION CASE. orders. orders. orders. orderse orders. orders. Continued under former orders. BREAKING, ENTERING & LARCENY Judgnent Nisi, 325 Instanter Sci } Continued by agreement until November Term, 1940. BREAKING, ENTERING, LARCENY & RECEIVING. A TRUE BILL. IN THE SUPERIOR COURT 324 FIRST WEEK - AUGUST TERM 1910 MONDAY, JULY 29th, 19,0 IN THE SUPERIOR COURT 3 FIRST WEEK -- AUGUST TERM 190 25 MONDAY, JULY 29th, 190 M. C. Bowles J. Be. Crawford C. W. Suther F. M. Spears 80 ) PROBATION CASE. beat Noe , ; ae . - Kistler T. Je Murdoc ate -vs~ a Bi Bs Re Me Lazenby T. G k De Carlos Privyett pe Moose Continued under former orders. | Je Re Joyner J. Re Redman H. Re Hoover W. M. Horn { & } NON COMPLIANCE WITH COURT ORDERS. ae W. F. Morrison Henry D. Howard P. S. Boyd I. G. Reid Noe 92 — a state Privette ALIAS Instanter Capias. ee Ne G. Crater E. R. London J. Le Clontz J. Le Cook oem Ligae A. A. Hoover Albert F. Crowson , F. A. Dunlap W. We Williamson : 95 ) NON COMPLIANCE WITH COURT ORDERS. i 7 ae NVe so): a - By t pect Campbell Alias Instanter Capias, eh | The following good and lawful men were chosen and sworn as the Grand Jury * rm 1 ii! ty to serve for the Six Months period ending December 31st, 19,0, to-wit; i 102 } DISTURBING RELIGIDUS WORSHIP | : -VS- ) Ad 1 P. S. Boyd, Forem. H. R. Hoover Henry D. Howard lary MeDonald § Continued under former orders. vs ah Ie G. Reid Silas W. Sherrill F. M. Spears [ i alt we ilo. 103 ) PROBATION CASE. vail 4 i He A. Yount H. O. Montgomery R. F. Lackey state <v80 } ‘it R P, Wilhelm ) Continued under former orders, tall Ts Je Murdock Je Le Cook C. Ee Reitzel vi * f a } : D. Carlos Privette George W. Garrison W. F. Morrison No. 105 } PROBATION CASE. aE tate -vs- ‘ ad Bl We O. Poole Albert F. Crowson E. R. London palten Dalton } Continued under former orders. Psi ih f Bi P. S. Boyd was sworn as Foreman of the Grand Jury and H. E. White was sworn { ee a el No. 107 } NON COMPLIANCE ..ITH COURT ORDERS. Ai 2 as Officer to the Grand Jury. State =-vs- ) a Buck Brown ) Defendant called and Failed. Judgment Nisi, Instanter Sci Fa Due The following good and lawful men were sworn to serve as petite jurors, to-wit: and Instanter Capias. ya 4 Bruce R. Carrigan A. A. Hoover C. W. Suther { d hy ey No, 130 } PROBATION CASE. aie t Rem. C. Weisner C. Le Corpening Je Le Clontz State -vs- Me Charlie Daniel Continued under former orders. yy C. E. Summers J. Be Crawford We Me Horn ii} Me C. Bowles T. G. Kistler W. W. Williamson No. 131 PROBATION CASE. a 4 State -vs- ee Je Re Joyner J. Re Redman Eugene Johnson § Continued under former orders. i ie N. G. Crater J. Me. Cass No, 155 ) PROBATION CASE. F. A. Dunlap excused on Doctor's Certificate. State -vs- } ; 8, B. Johnson ) Continued under former orders. Ke M. Lazenby, excused by Court. f 1 Yio. 188 } PROBATION CASE. No. 32 A.W.D.W. With Intent to Kill. State =vs~ State -vs- Donald H. Troutman Lee F, Blevins Continued under former orders. oS Alias Instanter Capias. ' lo, 194 ) PROBATION CASE. No. 42 ) COMPLIANCE. State <vs~ State -vs- ) Robert M, Troutman Continued under former orders. Hoyt M. Lippard ) Continued under former orders. / i ee 196 ) PROBATION CASE. : Noe 52 ) PROBATION CASE. _ _—— State -vs- smneth Gibson Continued under former orders. Samuel Hiatt Continued under former orders. ' fo. 1 ‘ No. 58 | NOW c : thats ee. ) PROBATION CASE. | } OMPLIANCE WITH COURT ORDERS. Paul B State -vs- caver Continued under former orders. Kobert Hunt bias Instanter Capias. / No, i 2 sea ieee il | BREAKING, ENTERING & LARCENY ° } OL N iV 1 ERS. 0 State -vs- or Se Deitt McCurry Continued by agreement until November Term, 1940. thomas Wm. Chandler ) Alias Instanter Capias. 7 Yo, , State tf 305s 306 BREAKING, ENTERING, LARCENY & RECEIVING. } No. 73 NON COMPLIANCE WITH COURT ORDERS. 8 ) State -ve~ aay gan Sherrill | A TRUE BILL. - S. Washburn } Alias Instanter Capias. oot Lites 6 Noe 293 State <vs- Lee Roy Williams No. 176 State -vse Archie Seagraves Noe 175 Stath -vs- Archie Seagraves tear | Hy , anit f° iP No. 17h State -vs- Archie Seagraves 7+ 3 = << = = 2 eS Noe 306 : State -vs-~- Cecil Little No. 305 State vs Ray Combs : No. 30 State -vs- Bradford Sherrill So IN THE SUPERICR COURT FIRST WEEK -- AUGUST TERM, 190 MONDAY, JULY 29th, 190 TRANSPORT & POSSESS UNTAXPAID LIQUOR FoR SALE, Continued by consent until the November Tern, 190 HIT & RUN DRIVING. At the suggestion of the Prosecuting Witness th takes a Nol Pros With Leave in this case, © Solicitop a DRIVING DRUNK. sii - The defendant, through 8 attome Kyle Hayes plea of Nolo Contendere. oe me ee It is judgment of the Court that the defendant pay a fine of $50.00 and the cost, and that his operator's License to operat a motor vehicle or automobile on the public highways of the : State of North Carolina be revoked for a period of One Year from this date. It appearing that the total cost and Fine ip this case amounts to $95.30 in this case and $22,20 in the case below for Transport & Possessing, it is ordered that upon payment of the sum of $75.00 at this Term the defeniant is given until the November Term, 19,0 Iredell Superior Court for final payment of cost and fine. The present bond to remain in full force ande ffect until November Term, 190. x TRANSPORTING & POSSESSING UNTAXPAID LIQUOR FOR SALE. the defendant, through his attorney Kyle Hayes, tenders a plea of Nolo Contendere,. Judgment of the Court is Let the defendant be confined in the common jail of Iredell County and be assimed to work on the public highways under the superivision of the State Highway mi Public Works Commission for a period of TWELVE MONTHS, and pey the cost in this case. The road sentence is suspended for a period of Five Years upon condition that the defendant be of good behavior and violate no criminal law. RECEIVING STOLEN GOODS KNOWING SAME TO HAVE BEEN STOLEN. The Solicitor takes a Nol Pros With Leave in this case. BREAKING, ENTERING & LARCENY. The defendant pleads Guilty as charged. a in It is judgment of the Court that the defendant be confine : the common jail of Iredell County and be assigned to work 0 the roads under the supervision and direction of the Stave Highway and Public “orks Commission for a period of = MONLTHS, and pay a fine of $10.00 and the cost. The ro@ dant sentence is suspended indefinitely on condition the defen pays the @ine and cost at this term of the Court. BREAKING, ENTERING & LARCENY. The defendant, through his attorney, Guilty as charged. John G. Lewis, pleads ON COUNT OF LARCENY - It is judgment of the Court = defendant be confined in the common jail of Iredel 4sion 0 and be assigned to work on the roads under the superv riod of the State Highway and Public “orks Commission for 4 Pe Novenbe” FOUR MONZHS, this sentence to begin on the lth day 0 suatifit 1940 and the 4 to give a $500 9h e defendant is required to ¢ Nour’ for bis sprees Bond, apuneves by the Clerk of Su to begin service © ° in this Court on November lth, 19 road sentence. ON COUNT OF BREAKING & ENTERING - Prayer for Judgment ot » continued for a period of Five Years subject to see to pes Solicitor at any time during the said five year Pe the judgment of the Court. f ' yo. 298» 299 IN THE SUPERIOR COURT FIRST WEEK -- AUGUST TERM 190 MONDAY, JULY 29th, 190 327 ( e ‘BREAKING, ENTERING & LARCENY. NO» Ytate @VS~ aa Same ) A TRUE BILL ROBBERY tate -VS- rea Robenett A TRUE BILL. f. 290, 289, 288 : ROBBERY -vs- a esonder® A TRUE BILL. yattie Young Yay Glover ) A x " * Yo. 303 } ASSAULT WITH DEADLY WEAPON WITH INTENT 10 KILL. State -vs- ; indrew Clark A TRUE BILL. Yo, 34,89 } DIVORCE. Ellen E. Gardner ) The following jury: Bruce R. Carrigan, Rex C. Weisner, C. E. -VSse- Summers, u. 6G. Bowles, de Re Joyner, | Crater, ‘, &. Homer E. Gardner } Hoover, C. L. Corpening, J. B. Crawford, T. G. Kistler, J. R. Redman, J. M. Cass, being duly sworn, answers the issues submitted to it as follows: STATE OF NORTH CAROLINA IN THE SUPERIOR COURT COUNTY OF IREDELL Ellen Eggleston Gardner 4} -VS= Homer E. Gardner ISSUES kL. Were the plaintiff and defendant married to each other as alleged in the complaint? Answer: Yes. 2. Did the defendant separate himself from the plaintiff more than 2 years prior to the issuance of summons and the filing of the complaint of this action and have they lived separate and apart since said separation? Answer: Yes. 3. Has the plaintiff been a resident of the State of North Carolina for 1 yeer prior to the institution of this action? Answer: Yes. STATE OF NORTH CAROLINA ory IN THE SUPERIOR COURT COUNTY OF IREDELL / HLLEN EGGLESTON GARDNER JUDGMENT vs. ) SER EB. GARDIER This cause coming on to be heard and being heard before the undersigned Judge Presiding and a jury. And it appearing to the Court, that the issues were mba tted to and answered by the jury in favor of the plaintiff as follows: wea es = ees re ae ee ee ee ee : ~ a oe - : 5 ' y eS Se IN THE SUPERIOR COURT FIRST WEEK -- AUGUST TERM 19,0 MONDAY, JULY 29th, 190 ISSUES 1. Were the plaintiff and defendant married to each other as alleged in the complaint? Answer: Yes. 2. Did the defendant separate himself froia the plaintirr more than 2 years prior to the issuance of summons and filing of the con plaint of this action, and have they lived separate and apart si said separation? nee Answer: Yes. 3. Has the plaintiff been a resident of the State of North Caroling for 1 year prior to the institution of this action? Answer: Yes. It is therefore upon motion of W. Reade Johnson, Counsel for Plaintiff, con sidered, ordered, adjudged and decreed, that the bonds of matrimony now existing between the plaintiff and defendant be, and they are hereby dissolved. This the 29th day of July, 190. Ge V. Cowper Judge Presiding i i i i i a a No. 31,90 | DIVORCE: Louise E. Miller ) The following jury: Bruce R. Carrigan, Rex C. Weisner, C. EB. -vs- ) Summer, M. C. Bowles, J. R. Joyner, N. G. Crater, A. A. Hoover, John W. Miller 4 C. L. Corpening, J. B. Crawford, T. G. Kistler, J. R» Redmn and J. M. Cass, being duly sworn and empanelled, answers the issues submitted to it as follows: NORTH CARGLINA, Iredell County. Louise Ellington Miller VS. ISSUES John W. Miller or lst: Has the plaintiff been a resident of the State of North Cerolins f more than one year next preceding the bringing of this action? Ans: Yes, int! end: Were the plaintiff and defendant married as alleged in the comple Ans: Yes. a eri 3rd: Have the plaintiff and defendant lived separate and apart for , of more than two years next preceding the bringing of this action? Ans: Yes, antiff kth: Did the defendant without just cause or excuse abandon the ple as alleged in the complaint? Ans: Yes. IN THE SUPERIOR COURT FIRST WEEK -- AUGUST TERM, 19.0 3829 MONDAY, JULY 29th, 19h0 INA ser IN THE SUPERIOR COURT, IREDELL COUNTY. iqISE ELLINGTON MILLER JUDGMENT ' jon W. MILLER This cause coming on to be heard before His Honor, G. V. Cowper, Judge presiding at July mixed Term of Superior Court for Iredell County, and being heard, the following issues having been submitted to and answered by the jury: lst. Has the plaintiff been a resident of the State of North Carolina for more than one year next preceding the bringing of this action? Ans: Yes. ond. Were the plaintiff and defendant married as alleged in the compleint? Ans: Yes. 3rd. Have the plaintiff and defendant lived separate and apart for a period of more than two years next preceding the bringing of this action? Ans: Yes. lth. Did the defendant without just cause or excuse abandon the plaintiff as allegzed in the complaint? Ans: Yes. Ir IS NOW, THEREFORE, ORDERED AND ADJUDGED that the bonds of matrimony now existing between the plaintiff and defendant be and the same ere hereby forever amulled and dissolved. And it is further ordered that the plaintiff pay the cost of this action to be taxed by the Clerk of this Court. G. V. Cowper Jvudge Presiding Stl cat me hemi ml nh aber ithe ttm atti i it ihe ote ae he ie et te eee ¥ Noe 26h, } BREAKING, ENTERING & LARCENY State -VS- Slenn Hines NOT A TRUE BILL. ¥ No. 285 | BREAKING, ENTERING & LARCENY Glenn Hines ) A TRUE BILL. 4» 291 } LARCENY OF AUTOMOBILE. State -VS- Z 87. Wilkinson § A TRUE BILL. ae 271 | A.W.D.W. With Intent to Kill. tate “VS- ul Freeze A TRUE BILL. ee a ae Noe 502 State -vs- Albert W. Hartline No. 302% State «vse Albert W. Hartline No. 298 State Bi vs he: Roy Coggins a =< eee Noe 299 j State -vs- Clerg Nobenette No. 281 State -vs- James Ralph Lambert No. 286 State -vs- [> S> oo <<) ee << j John V. Bodenhammer } No. 287 State <vs- } The defendant tenders a plea of Guilty ef an Attem John V. Bodenhammer } : c IN THE SUPERIOR COURT FIRST WEEK -- AUGUST TERM 190 MONDAY, JULY 29th, 19)0 BREAKING & ENTERING A TRUE BILL. POSSESSING BURGLARY TOOLS A TRUE BILL. ROBBERY. The defendant, through his attorney, Zeb. vy tenders a plea of Guilty of Assault With De plea the State accepts. - +urlington, adly Weapon, waic, Upon recommendation of the Solicitor and Chief of Police of Mooresville, N. C., prayer for judgment is continued until] the November Term, 1940. The defendant to give his om persons} recognizance, without surety, in the sum of $100.00 for his " appearance at the November Term, 190. The defendant was duly recognized in the sum of $100.00 to appear in this Court at the November Term, 190. ROBBERY The defendant, through his attorney, J. H. Burke, tenders a plea of Guilty of Assault With Deadly Weapon, which plea the State accepts. Upon recommendation of the Solicitor and Chief of Police of Mooresville, N. C., prayer for judgment is continued until the November Term, 1940. ‘lhe defen ant to give his ow perso recopnizance, without surety, in the sum of $100.00 for his appearance at the “ovember Term, 190. the defendant was duly recognized in the sum of $100.00 to appear in this Court at the November Term, 190. MANSLAUGHTER A TRUE BILL. FORGERY. ait The defendant tenders a plea of Guilty of an Attempt to com™ a Felony, to-wit the crime of Forgery, which plea the Solicite? accepts. Upon the payment of sufficient cost to save the county oO. thi expense and upon payment to H. D. McLain the sum Of Foon) cause is continued until the November Term, 1940 to be bn disposed of as the Court may at that time, upon inquiry, proper, and the defendant is ordered released on his ror recognizance to appear at the November Term, 1940 of Court. FORGERY. pt to oon a felony, to-wit the crime of Forgery, which plea ee accepts. Upon the payment of sufficient cost to save the coummy tio expense this cause is continued until the November to be finally disposed of as the Court may at = reeset © inquiry, deem proper, and the defendant is ordere 1940 of his own recognizance to appear at the November Tem, this Court. IN THE SUPERIOR COURT FIRST WEEK -- AUGUST TERM 190 33 MONDAY, JULY 29th, 19,0 9 ) ASSAULT WITH A DEADLY WEAPON WITH INTENT TO KILL. kee! Noe ie. Mr. John G. Lewis, appears as Private Prosecution with the thet Stet avidson State in this case. y The defendant, through his attorneys, John R. McLaughlin and Raymer & Raymer, pleads Not Guilty. The following jury: Bruce R. Carrigan, Rex C. Weisner, C. E. E Summers, M. C. Bowles, J. R. Joyner, N. G. Crater, As A. Hoover,# C, L. Corpening, J. B. Crawford, T. G. Kistler, J. L. Clontz, and J. M. Cass, was duly sworn and empanelled in this case. ee ren see ee Pending trial Court takes recess until Tuesday Morning, July 30th, 1940 at 9:30 o'clock A.M. rm a Scatiiccuaahs . cialis i This Honoravle Court takes recess until Tuesday Morning, July 30th, 190, i at 9:30 o'clock A.M.. a — =e -oeegee - 332 IN THE SUPERIOR COURT FIRST WEEK ~-- AUGUST TERM 190 TUESDAY, JULY 30th, 190 This Honorable Court convenes according to adjoumment on Tuesday Morning July 30th, 19.0 at 9:30 o'clock. a e No. 282 HIT & RUN DRIVING State -vs- James Ralph Lambert ) Nol Prosed With Leave. No. 281 ) MANSLAUGHTER State -vs- ) Lhe defendant, through his attorneys, Scott & Collier, pleags James Ralph Lambert ) Guilty. This case is consolidated with Case No. 283, below, ~“ No. 283 ) DRIVING DRUNK. State «vs- The defendant, through his attorneys, Scott & Collier, tenders James Ralph “Lambert a plea of Nolo Contendere. This case and case no. 281, above, are consolidated for juimer as follows; It is judgment of the Court that the defendant be confined ip the common jail of Iredell County @nd be assimmed to work on the public highways under the supervision of the State Highmy and Public “orks Commission for a period of NOT LESS THAN FIFTEEN MONTHS NOR MORE THAN TWO YEARS and that his operator's license be revoked for a period of Two Years. (0? IS f- 3a? Y-/3 No. 296 State vse Paul Freeze A ov eD . We ><> Remanded to Mooresville Recorder's Court for disposition. State -vs- Paul Freeze A.W.D.W. WITH INTENT TO KILL. <—— Remanded to Mooresville Recorder's Court for disposition. No. 255 State -vs- Paul Freeze LARCENY. Continued for the State until the November Term, 19)0. NOe 256 State -vs- Paden M. Thompson LARCENY. Continued for the State wtil the November Term, 190. No. 290 State -vs- Gus Borders ROBBERY <2]! << Continued for State until November Tem, 190. No. 288 State -vs- May Glover AID & ABET IN ROBBERY Continued for State until November Term, 190. No. 289 } AID & ABET IN ROBBERY State -vs- Mattie Young Continued for State wmtil November Term, 19)0. No. 301 State -vs- Millard Brawley MANSLAUGHTER. NOT A TRUE BILL. No. 400 | BREAKING, ENTERING & LARCENY. State -vs- ter so! George Lowe } Defendant called and failed. Judgnent Nisi, Insten and Instanter Capias,. for Juicer IN THE SUPERIOR COURT FIRST WEEK -- AUGUST TERM 190 TUESDAY, JULY 40th, 19)0 333 J GRAND JURY REPORT AUGUST TERM, 190 The Grand Jury passed on all bills of indictment presented to them. With the permission of Judge G. V. Cowper, we have put off the visiting to the County institutions until the November Term of Court. This permission was granted due to the fact that the Grand Jury at the May Term, 19,0 Iredell Superior Court made a complete report. It was not deemed necessary to make another report g0 SOON. We will call to the attention of the County Commissioners the fact that the few suggestions made by the May Term Grand Jury have been disrerarded. We would suggest that the proper authorities refer to their report and suggestions. We would suggest that provision be made for hat and coat racks in the Grand Jury room. We also suggest that all bills of indictment be typewritten. P. S. Boyd ~P, Se Boyd, Foreman of the Grand Jury, August Term, 190 / No. 250 A.W.D.W. WITH INTENT TO KILL. State -vs- . Koy Davidson ) The following jury: Bruce k. Carrigan, Rex C. Weisner, C. E. Summers, M. C. Bowles, Je Ke Joyner, N. G. Crater, A. A. Hoover, C. L. Corpening, J. B. Crawford, T. G. Kistler, J. L. Clontz, and J. M. Cass, answer and say they find the defendant GUILTY OF ASSAULT WITH A DEADLY WEAPON. / Open for judgment. Mo. 275 ) OPERATING A MOTOR VEHICLE WHILE HIS OPERATOR'S LICENSE IS State -vs- REVOKED. Fi Carl E, Wallace The defendant, through his attormey, J. H. Burke, pleads Guilty. Prayer for judgment is continued until the November Term, 19.0. / los 276 RECKLESS DRIVING. State -vs- The defendant, through his attorney, J. H. Burke, tenders Carl EB. Wallace ) a plea of Nolo Contendere. Prayer for judgment is continued until the November Term, / 19.0. No, 13 State a fubert Sherri] ABANDONMENT & NON SUPPORT OF HIS MINOR CHILD. ior term of The defendant having been found guilty at a pr Iredell Superior dourt and having been continued for judgment to this term: <_<—_S> —<— f the Court is that the defendant be confined Te’ uke Coane sali of Iredell County for a term of — as and be assigned to work on the roads under the eer at the State Highway and Public Works Commission. 2. a is suspended upon condition that the defendant my er Welfare Officer of Iredell County, for the use 7 Ror tghl his ¢hild, Jerry Presley Sherrill, the sum of Fe Tesdias a beginning Saturday, August 3, 19,0, until fur the Court. > ae ~ ees ee a 334 No. 297 State -vs- Tom McIntee No. 291 State <vs- James Thomas Wilkins State <vs- Paul Dewey White No. 253 State -vs- Bill Kitching No. 285 State -vs- Glenn Hines State -vs- Joe Talmadge Holland} No. 280 State -vs- Joe Talmadze Holland This Honorable Court takes recess until Wednesday Morning, at 9:30 o'clock A.M.. No. 292 ) —<— oOo <— > No. 279 , IN THE SUPERIOR COURT FIRST WEEK -- AUGUST TERM, 190 TUESDAY, JULY 30th, 190 } AID & ABET IN TRANSPORTING & POSSESST } The defendant pleads Guilty. : It is judgment of the Court that the defe the common jail of Iredell County and be ree pe: ont ined tn the roads under the direction of the State Hiehwa Work on “orks Commission for a period of SIX MONTHS, — ) °™4 Mlis NG UNTAXPAID LIQuor, ) LARCENY OF AUTOMOBILE. The defendant pleads Guilty. on Prayer for judgnent is continued until the J. 191 Iredell Superior Court. Defendant to oa recognizance and shall report to the Solici Jamary Term, 194p. ry Tern, 9 under his oy, tor at said TRANSPORT & POSSESS UNTAXPAID LIQUOR FOR SALE. Continued for defendant wntil November Tem, 190, Noe 403 A.W.D.W. WITH INTENT TO KILL. State -vs- the defendant, through his attorney, Zeb. V. ‘urlington, teni: Andrew Clark ) a plea of Guilty of Assault With a Deadly Weapon, aim an © State accepts. Prayer for judgment is continued until the November Tem, 19, Iredell Superior Court at which time it is judgment of the Cowt that the defendant pay the hospital bill of the prosecuting witness and pay the cost of this action. The defendant is required to give a $200.00 Bond conditioned upon his compliance with this judgment. ALLOW STOCK TO RUN AT LARGE. Nol Prosed With Leave. BREAKING, ENTERING & LARCENY. The defendant, through his attorney, Hugh G. Mitchell, tenders a plea of GUILTY OF LARCENY OF THE PROPERTY OF THE VALUE LESS THAN $20.00, to-wit THE VALUE OF $15.00, which plea the State accepts. Open for judgment until Wednesday, Juby 31st, 19)0. No. 507 } LARCENY ‘ Glenn iiine The defendant, through his attorney, Hugh G. Mitchell, tender Glenn Hines a plea of Nolo Contendere. Open for judgnent until Wednesday, July 31st, 19,0. p's OPERATING A MOTOR VEHICLE WITHOUT FIRST SECURING AN OPERATO ) LICENSE. the defendant pleads Guilty. This case is consolidated with Case No. 280 for judgnent. Vv } OPERATING A MOTOR VEHICLE WITH IMPROPER BRAKES. The defendant pleads Guilty. this case 1s consolidated with Case No. 279 for judge follows: nfined 1 It is judgnent of the Court that the defendant be ©® mys the common jail of Iredell County for a period of 4gion of and be assimed to work on the roads under the pig aeoby by & the State iighway and Public “orks Commission a8 Prov nt a8 galy sist, 19) Kh ee {7 Erk tos , This Honorable Court convenes according to adjoummment on Wednesday Morning, July 31st, ( NO» 259 state -vS~ James W. Freeze ( No» 250 State -VvVS- Roy Davidson / No. 302 State <vs- Albert Hartline / No. 3022 State -vs- Albert Hartline v No. 27h State «vs- George McNeill ( No. 278 State «vs. Bryabt W. Warren ~ No, State «vs. J om Henry Griffin FIRST WEEK -- AUGUST TERM, 190 WEDNESDAY, | —<—_—— <_< -—- IN THE SUPERI® COURT 335 JULY 31st, 19)0. 1940 at 9:30 o'clock A.M. EMBEZZLEMENT The defendant tenders a plea of Guilty. Upon recommendation o: the Chief of Police of Mooresville, N. C. and the Solicitor Prayer for juwicment is continued for a period of Two Years upon condition the defendant pays the cost at this term of Court. ASSAULT WITH DEADLY WEAPON. It is judgment of the Court that the defendant be confined in the common jail of Iredell County and assigned to work on the roads under the supervision of the State Hichway and Public “orks Commission for a period of FIVE MONTHS. BREAKING, and ENTERING. The defendant, through his attorney, John 4. Lewis, pleads It is judgment of the Court tt the defendant be conrined in States Central Prison, at Raleigh, N. C. for a period of NOT LESS THAN SEVEN YEARS NOR MORE THAN TEN YEARS. , POSSESSING BURGLARY TOOLS. The defendant, through his attorney, John G. Lewis, tenders a plea of Wolo Contendere. This cause is continued until the expiration of the sentence imposed in Case Noe 302. this case held by the Solicitor. It is ordered that the burglary todls seized in be confiscated and destroyed except they may be Sheriff for further evidence upon motion of the MANSLAUGHTER. Nol Prosed With Leave. ~ DRIVING DRUNK. The defendant, through his attorney, John G. Lewis, pleads that this is the defendant's second conviction of oeheian Automobile while Intoxicated, 4t is judgment of the Court that the Gofenton’ 707° the iL a f * that he be confined in Seuser tun & wetael of THIRTY DAYS with permission * County Commissioners to hire him out or use him aroun : Jail, Courthouse or County Home or Farm; and that he no operate a motor vehicle for & period of Two Years. BOND. isi entered in this case be It is ordered that the Judgment N f issuing and serving stricken out upon payment of all cost o Sci Fa. of $50.00 and the cost jail of Iredell See BS a a ee deen aan ome oS os eet 5 and ee ee ee eee ee ee ee ee 5, ree as ecsiaceatalliee i Ki e ee aA = { No. 266 State -vse= E. Bill Bell No. 269 State -vs- Sdgar Moore No. 260 State -vs-e M. E. Brookshire, No. 216 State «vse Eugene Gray No. 285 State vse Glenn Hines No. 407 State -vs- Glenn Hines This Honorable Court takes recess until Monday Morning, August 5th, Kite — at 10:00 o'clock, <—So o oS sce IN THE SUPERIOR COURT FIRST WEEK -- AUGUST TERM 190 WEDNESDAY, JULY 31st, 190 EMBEZZLEMENT The defendant, through his attorney, John Gc, a plea of Guilty of Forcible Trespass, accepts. Lewis, tend @ which plea the State It appearing to the Court that another phase will be heard at the November ‘ern, 19,0 of this aa we Prayer for judgment is continued in this case until th November Term, 19,0. 6 DRIVING DRUNK. Continued until November Term, 190. BOND. It is ordered that judgment Absolute be, and the same is ordered against M. E. Brookshire, as principal, ands, R, Brookshire, surety for the principal sum of $250.00 together with all cost in connection with Judmment Nisi, Set Fa and judgment absolute. P. Le FOR SALE & DID SELL Continued until November Term, 19,0, It is ordered that the judgment absolute heretofore entered on the bond in this case be stricken out upon payment of all cost in connection with the forfeiture and judgment absolute. LARCENY OF PROPERTY OF THE VALUE OF LESS THAN $20.00. It is judgnent of the Court that the defendant be confined{n the common jail of Iredell County for a period of THREE MONS with leave of the Sheriff of Iredell County to work him uéer his supervision and at all times he is not at work he is to remain in jail. LARCENY. Prayer for judgment is continued for two years on conditio® the defendant violates no criminal law and that he ae intefere with L. E. Bost or his family, or Elbert Hines aris his family and shall not go to the homes of these two famil-es unless it be upon invitation from them. 1940) < ‘ John Fox IN THE SUPERIOR COURT SECOND WEEK -- AUGUST TERM 190 MONDAY, AUGUST 5th, 190. 337 IN THE SUPERIOR COURT, yortH CAROLINA , IREDELL COUNTY. SECOND WEEK - AUGUST TERM, 190 This Honorable Court convenes according to adjournment on Monday Morning, August 5th, 190 at 10:00 o'clock A.M. with the Honorable G. V. Cowper, Judge presiding, by exchange with the Honorable H. Hoyle Sink by order of the Yovernor. John W. Moore, High Sheriff of lredell County, returns into open Court the names of the following good and lawful men to serve as jurors for this the second Week of the August, 1940, Term of Iredell Superior Court, to-wit: J. Cc. Crawford Me. F. Pe Troutman N. Gordon Ketchie Asberry Speaks Carl W. Sharpe M. Ke Brown C. C. Caldwell A. M. Gaither ¢. L. Weston A. H. Adkins xR. o. Bell —~ —_ R, Wilson Brantley P. K. Rummage F. T. Loftin Le. Ae Anderson T, I. Clodfelter Cecil A. Bell E. We Holton John Leckie JeTilden Morrison .Jas. H. Gabriel C. B. Troutman R. Wilson Brantley and E. W. Holton, excused by the Court; R. C. Bell, excused by Court on doctor's certificate. John Leckie resides out of County. John Fox, C. C. Caldwell, Jas. H. Gabriel not returned. The following constitutes what shall hereafter be termed the "Divorce Jury", to-wit: J.C. Crawford T. I. Chodfelter A. H. Adkins Je Tilden Morrison carl W. Sharpe Me F. P. troutman P. Re Rummage N. Gordon Metchie ¢. Le Weston M. Ke Brown Cecil A. Bell F. T. Loftin No. 1790 ) DIVORCE. Helen Harrington } The “divorce jury" being duly sworn,and empanelled, answers vs ) the issues submitted to it as follows: Woodrow Harrington } NORTH CAROLINA IN THE SUPERIOR COURT TREDELL COUNTY AUGUST TERM, 1940 Helen Harrington 4 vs, j ISSUES Noodrow Harrington ) l. Did plaintiff and defendant intermarry as alleged in the Complaint? Answer: Yes. e. Did the defendant and plaintiff live separate and apart for two conse~ “tive years inmediately prior to the commencement of this action as alleged in » Complaint? Answer; Yes. IN THE SUPERIOR COURT iE SUPERIO FIRST WEEK -- AUGUST TERM 190 TH Tt R COURT SECOND WEEK -- AUGUST TERM 190 337 i No. 266 State -vse E. Bill Bell Glenn Hines <—S WEDNESDAY, JULY 31st, 190 EMBEZZLEMENT The defendant, through his attomey, John «, 1 in ° 1s, t a plea of Guilty of Forcible Trespass, w TWAS, tenders accepts. pase, waich ples ti State It appearing to the Court that another pha will be heard at the November ‘ern, 19.0 of this Ben matter Prayer for judgment is continued in this case until th November Term, 19,0. he It is juda@nent of the Court that the defendant be conf inedfn the common jail of Iredell County for a period of THREE MONS with leave of the Sheriff of Iredell County to work him under NORTH CAROLINA, MONDAY, AUGUST 5th, 190. IN THE SUPERIOR COURT, SECOND WEEK - AUGUST TERM, 190 This Honorable Court convenes according to adjournment on Monday Morning, August 5th, 1940 at 10:00 o'clock A.M. with the Honorable G. V. Cowper, Judge presiding, by exchange with the Honorable H. Hoyle Sink by order of the Governor. Jury", to-wit: ee ee Se a 5 A OO Ae a No. 269 DRIVING DRUNK. John W. Moore, High Sheriff of lredell County, returns into open Court Ws ff State -vs- ie . kdgar Moore ) Continued until November Term, 19)0. the names of the following good and lawful men to serve as jurors for this the ; ( rs t second Week of the August, 1940, Term of Iredell Superior Court, to-wit: eu I: No. 260 } BOND. J. C. Crawford M. F. Pe Troutman N. Gordon Ketchie Asberry Speaks \ ¥ State -vs- a ne | i" M. E. Brookshire, It is ordered that judgment Absolute be, and the same is Carl W. Sharpe M. Ke. Brown C. C. Caldwell A. M. Gaither . y ordered against M. E. Brookshire, as principal, and §S, R, ‘ i] Hh Brookshire, surety for the principal sum of $250.00 together ¢. Le Weston A. H. Adkins xR. C. Bell W.e~@. Knox C4 A with all cost in connection with Judpment Nisi, Sci Fa and . \ judgment absolute. VR, Wilson Brantley P. K. Rummage F. T. Loftin Le Ae Anderson + J 1, I. Clodfelter Cecil A. Bell E. We. Holton John Leckie ie " Bb ‘| No. 216 ) P. L. FOR SALE & DID SELL ‘ John Fox J.Tilden Morrison Jas. H. Gabriel C. Be Troutman oe State -vs- ) j | Eugene Gray } Continued until November Term, 190, R. Wilson Brantley and E. W. Holton, excused by the Court; It is ordered that the judgment absolute heretofore entered R. C. Bell, excused by Court on doctor's certificate. Ms on the bond in this case be stricken out upon payment of all fe cost in connection with the forfeiture and judgment absolute. John Leckie resides out of County. uf John Fox, C. C. Caldwell, Jas. H. Gabriel not returned. i? i No. 285 } LARCENY OF PROPERTY OF THE VALUE OF LESS THAN $20.00. — ‘ State -vs- } The following constitutes what shall hereafter be termed the Divorce i ‘ nes supervision ond Gt G2) Gass ke te aot st SEE J.C, Crawford T. I. Chodfelter A. H. Adkins J. Tilden Morrison remain in jail. : Carl W. Sharpe Me Fe. P. Lroutman P. Re Rummage N. Gordon Metchie C. Le Weston M. Ke Brown Cecil A. Bell F. T. Loftin No. 507 | LARCENY. Stabe <vs- ) ne ) Prayer for judgnent is continued for two years on condition the defencant violates no criminal law and that he does ” intefere with L. E. Bost or his family, or Elbert Hines SS a f his family and shall not go to the homes of these two famitis Yo. 1790 » prvonen. unless it be upon invitation from them. Helen Harrington } The "divorce jury" being duly sworm,and empanelled, answers " ) the issues submitted to it as follows: Noodrow Harrington } NORTH CAROLINA IN THE SUPERIOR COURT IREDELL COUNTY AUGUST TERM, 190 ( Helen Harry 0, ngton This Honorable Court takes recess until Monday Morning, August 5th 19H Be ' ISSUES at 10:00 o'clock. Yoodrow Harrington ) _ Kemper 1. Did plaintiff and defendant intermarry 4s alleged in the Complaint? Answer: Yes. é. Did the defendant and plaintiff live separate and apart for two conse~ *Utive years f this action as alleged in immediately prior to the commencement © *he complaint? Answer: Yes. ees IN THE SUPERIOR COURT SECOND WEEK -- AUGUST TERM 190 MONDAY, AUGUST 5th, 190 3. Has the plaintiff been a bona fide resident of the state of North Carolina for more than one year immediately preceeding this action as alleged in the complaint? Answer: Yes. North Cardlina In the Superior Court Iredell County Helen Harrington VS. Judgment SS es Woodrow Harrington This cause coming on to be heard, and being heard before His Honor, G. Y, Cowper, and the Jury at the Ausust Term, 19],0, Superior Court of Iredell County, and the Jury having answered all the issues submitted to it in favor of the plain- tiff and against the defencant, as fully appears in the record, it is therefore, on motion of John R. McLaughlin, Attomey for the plaintiff. Ordered, adjudged and decreed: First: that the bonds of matrimony hereto- fore subsisting between the plaintiff and defendant be, and they are hereby absolute dissolved; that the plaintiff, Helen Harrincton be, and she is hereby, granted m absolute divorce from the defendant, Woodrow Harrington. Second; that the plain- f£iff pay the cost of this action to be termed by the Clerk. this the 5th day of 4umst, 190. G. V. Cowper “Judge Presiding ili he ain tet leat clematis No. 1780 ) DIVORCE. g the Mrs. “lice Ramey } The "Divorce Jury" being duly sworn and empanelled, —* vs issues submitted to it as follows: T. E. Ramey North Carolina In the Superior Court Iredell County. July rterm Mrs. Alice Ramey | vs Issues T. E. Ramey q Ptal the compls+ 1. Did the plaintiff and the defendant intermarry as alleged in Answer: Yes. ach othe! 2. Have the plaintiff and defendant lived separate and apart from 6 for two years next preceding the commencement of this action? Answer: Yes. August Term, 190 IN THE SUPERIOR COURT SECOND WEEK -- AUGUST TERM 190 MONDAY, AUGUST 5th, 190 339 Has the plaintiff been a resident of the State of North Carolina for : year’ immediately prior to the institution of this action. on Answer: Yes. ee eS Snes - “O- -O- -0=— -0=— «-0- oes North Carolina In the Superior Court ee Iredell County July Term i fi Urs. Alice Ramey Vs 4 Judgment Li } ant a 1, B. Ramey ) a 4 This cause coming on before Hon, G. V. Cowper Presiding Judge of the | Wl Pifteenth Judicial District at the July Term 1940 of Iredell Superior Court and i ae this cause having been submitted to a Jury and the Jury having answered the Issues ay hf as contained in the record. t Ne It is, therefore, ordered adjudged and decreed that the plaintiff be, and iia she is hereby granted an absolute divorce from the defendant and the bonds of \ f Wa matrimony heretofore existing between the plaintiff and defendanb are dissolved. abs The defendant is taxed with the cost. ie G. V. Cowper i t Presidins wuaze of the Fifteenth Te Judicial District * Sead atest enlace ele schlnaomenleenecsttn ets le les ate teste te th th ak ak at te a ae ae tt at dete te y io. 1782 DIVORCE. | ‘ Fern Cleary The "Divorce Jury" heing duly swom and empanelled, answers the _ V8 ) issues submitted to it as follows: Thomas Cleary ) ‘orth Carolina, In the Superior Court. Iredell County. Fem Cleary ” ISSUES Thoma s Cleary } Hite. o,t%,,Did the plaintiff and defendant intermarry, and are they now man and ®, 88 alleged in the complaint? “Answer: Yes, te 2. Did the defendant -nd plaintiff separate, and have they lived separa “depart from each other for more than two years, as alleged in the complaint? Answer: Yes, State of North Cerclina”» Has the p@aintiff been a bona fide resident of the State ee aeeens ae alle for more than two years next preceding the co mencemen ged in the complaint? Answer: Yes, -O- -O=- =-O- -O- -O- IN THE SUPERIOR COURT SECOND WEEK -- AUGUST TERM 190 MONDAY, AUGUST 5th, 190 North Carolina, Iredell County. Fern Cleary VS. ) JUDGMENT ) ) thomas Cleary This cause coming on to be heard and being heard at this Tem of the Superior Court of Iredell County before His Honor, G. V. Cowper, Judze Presiding, and a jury, and the jury having answered the issues submitted to it by the Court in favor of tie plaintiff and against the defendant, as set out in the record: It is, therefore, ordered and adjudjed by the Court that the bonds of matri. mony heretofore existing between the plaintiff and defendant be, and the same are hereby disolved, and the plaintiff is granted an absolute divorce from the defendant, IN THE SUPERIOR COURT : SECOND WEEK - AUGUST TERM 190 341 In the Superior Court, North carolina ’ Iredell County. August Term, 190 peabrice Grady | Vs. JUDGMEN' nobert F. Grady ' This cause coming on to be heard and bein heard at this term of the superior Court of Iredell County before His Honor, G. V. Cowper, Judge ‘residing, and a jury, and the jury having answered the issues submitted to it by the Court in favor of the plaintiff and against the defendant, 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 the game are hereby disolved, and the plaintiff is granted an absolute divorce from epee nee Cost paid. the defendant. Cost paid. ad Ge V. Cowper , G. V. Cowper Judge Presiding Judge Presiding ‘2 SO TT ie ah See Be lhl ee here satel ein tle ete onl Al Ale tl el chs Alen lan tl Ala Ae ln Ate hie Al Aha A ln le lll Bett tate i it lt tt titi actinides te te tte te tet i No. 1786 ) DIVORCE tio. 1787 } DIVORCE " 1 . Beatrice Grady } fhe "Divorce Jury", beinz duly sworn and empanelled, answers the ( Gladys Shepherd } The "Divorce Jury" being duly sworn and empanelled, answers the | vs ) issues submitted to it as follows: vs } issues submitted to it as follows: Bay Robert F. Grady } Dean Shepherd " es North Carolina, North Carolina : In the Superior Court, In the Superior Court. ine Tredell County. Tredell County August Term, 19,0 Beatrice Grady | irs. Gladys Shepherd } ' vs ISSUES VSs ' ISSUES Dean Shepherd ) ' ) Robert F. Yrady } ara l. Were the plaintiff and defendant married, as alleged in the complain: l. Did the plaintiff and defendant intermarry, and are they now man and Answer: Yes. wife, as alleged in the complaint? heetneed fo 2. , he State of North Has the plaintiff been a resident of the the complaint? Answer: Yes. years next preceding the commencement of this action, as alleged in arate 2. Did the defendant and the plaintiff separate and have they a be Answer: ves. and apart from each other for more than two years, as alleged in the comple il A 3. Did the defendant commit adultery, as alleged in the comp nswer: Yes. role Answer: Yes, 3. Has the plaintiff been a bona fide resident of the State of North trad 2 for more than two years next preceding the commencement of this action, %° the complaint? Answer: Yes. IN THE SUPERIOR COURT SECOND WEEK -- AUGUST TERM 190 MONDAY, AUGUST 5th, 1910 North Carolina In the Superior Court, Iredell County. August Term, 190, Mrs. Gladys Shepherd Vs. ) JUDGMENT ) Dean Shepherd ) This cause coming on to be heard before His Honor, G. V. Cowper, Judge Pre. siding, and holding the August Tem, 1940, of the Superior Court of Iredell County, and being heard and the following issues having been submitted and answered in favor of the plaintiff: "1. Were the plaintiff and defendant married, as allered in the complaint? Answer: Yes. 2. Has the plaintiff been a resident of the State of North Carolina for two years next preceding the commencement of this action, as alleged in the complaint? Answer: Yes. 4 Did the defendant commit adultery, as allesed in the complaint? Answer: Yes." It is, therefore, ordered, donsidered and adjudzed that the bonds of matrimny heretofore existing between the plaintiff and defendant be dissolved and the plaintiff is hereby granted an absolute divorce. Cost paid. G. V. Cowper Juige Presiding. et ete ee te ee te ie eh th i ib hee dee i tril ili dl tie dle te te dt ie ti i te No. 1788 ) DIVORCE. - A. C. Brotherton ) the "Divorce Jyry" being duly sworn and empanelled, answe! vs ) the issues submitted to it as follows: Pauline W. Brotherton } North Carolina, In the Superior Court Iredell County. A. C. Brotherton ) ) vs ) ISSUES ) : Pauline W. Brotherton and 1. Did the plaintiff and defendant intermarry, and are they now man wife, as alleged in the complaint? Answer: Yes. rate 2. Did the defendant abandon the plaintiff and have they lived oe Meint? and apart from each other for more than five years, as alleged in the comp Answer: Yes. th 3. Has the plaintiff been a bona fide resident of the State of Norv’ ct Carolina for more than five yeers next preceding the commencement of this ® as alleged in the complaint? Answer: Yes. / IN THE SUPERIOR COURT SECOND WEEK -- AUGUST TERM 19)0 MONDAY, AUGUST 5th, 190 343 In the Superior Court, forth Carolina, tredell County. Aucust Term, 190 A, Ce Brotherton V8. JUDGMENT Pauline W. Brotherton } This cause coming on to be heard and being heard at this Term of the eqaetor Court of Iredell County before His Honor, G. V. Cowper, Judge ‘residing, and a jury, and the jury having answered the issues submitted to it by the Court aa plaintiff and against the defendant, as set out in the record: It is, therefore, ordered and adjudged by the Court that the bonds of mtrimony heretofore existing between the plaintiff and the defendant be, and the game are hereby Gisolved, and the plaintiff is granted an absolute divorce from the defendant. Cost paid. Ge V. Cowper Judce “residing. Nt ttt tt tte tists tie sittin tie titi tie ties de ie te db de te die tt te dt de de ah ae No. 1 DIVORCE Elma ga The “Divorce Jury" being duly sworn and empanelled, answers the vs ) issues submitted to it as follows: J. D. Ball Q NORTH CAROLINA IN THE SUPERIOR COURT IREDELL COUNTY Elma Christopher Bail VS Gi wn ISS U J. D. Ball > — «<«- x l. Did the plaintiff Elma Christopher Ball and the defendant, J. De. Ball intermarry as alleged in the complaint. A. Yes. : dent J De Ball 2. Has the plaintiff Elma Chritopher Ball and the defendant Jv. lived spparate and opart for more than two years as alleged in the complaint? A. Yes. ; ide resident of 3. Has the plaintiff Elma Christopher Boll been a bona f the State of North iat inn for more than two years as alle ‘ed in the complaint? A. Yes. = ai me IN THE SUPERIOR COURT SECOND WEEK -- AUGUST TERM 190 MONDAY, AUGUST 5th 190 NORTH CAROLINA IN THE SUPERIOR COURT IREDELL COUNTY Elma Christopher Ball vs JUDGMENT J. D. Ball d This cause coming on to be heard and being heard at the Aucust Term ’ 1940, of the Iredell County Superior Court, and being heard by His Honor, G. y, Cowper, ani ’ A a jury, and the jury having answered the issues as follows: 1. Did the plaintiff Elma Christopher Ball and the defendant J, p, Ball intermarry as allezed in the complaint? Ay Yes. 2. Has the plaintiff Elma Christopher Ball and the lived separate and apart for more than two years as alle ed defendant J. D. Ball in the complaint? A. Yes. 3 Has the plaintiff Elma Vhristopher Ball been a bona fide resident of the State of North Carolina for more than two years as alleged in the complaint? A. Yes. It is therefore ordered and adjudged that the bonds of matrimony heretofore existing between the plaintiff Elma Vhristopher Bahl and the defendant J. D. Ball be and they are hereby dissolved, and that the plaintiff Elma Christopher Ball be a she is hereby sranted an absolute divorce from the defendant J. D. Ball, the plaintiff to pay the cost of this action. G. V. Cowper Jud ze Presiding diecctinaeninte North Carolina, In the Superior Court, Iredell County. August Term, 19,0 W. L. Kimmons and L. R. Conger, tradin; and doing business as Kimmons & Conger Vs. JUDGMENT Mrs. Florence L, Chester York Gaither and ype riot This cause coming on to be heard and being heard at This Term of the Sup Pre- Court of Iredell County, North Carolina, before His Honor, G. V- Coppers Judge compre siding, and it appearing to the Court that the plaintiffs and defendants have desir? mised and settled all matters in dispute between them, and that the plaintiffs to take a non-suit: d be an It is, therefore, ordered and adjudged by the Court that this cause © IN THE SUPERIOR COURT SECOND WEEK -- AUGUST TERM 190 MONDAY, AUGUST 5th, 190 345 reby dismissed and non-suited, and plaintiffs are taxed with the the same is he costs of this action. G. V. Cowper Judge Presiding tet ete EE any 4 CAROLINA NORTH CAR IN THE SUPERIOR COURT IREDELL COUNTY / R, S. Barkley, trading and doing business as R. S. Barkley Plumbing Company Vs. CONSENT JUDGMENT Yrs, Florence L. Gaither and Chester York This cause coming on to be heard and being heard, and it appearing to the Court that all matters in controversy have been settled and adjusted between the parties: It is now, by consent, ordered and adjudged that the plaintiff take nothing more by this action, and that the detendents pay the cost of this action to be taxed by the Clerk. G. V. Cowper Judze Presiding BY CONSENT : land & Sowers Attormeys for Plaintirr Raymer & Raymer _ Grant & Grant Attorneys for Defendants th tt lethal tee ie tres tat ete Ate ten Ao NORTH CAROLINA IN THE SUPERTOR COURT y IREDELL COUNTY : Po Lippard, Trading and } eing business as Lippard Electric Company 4 ) vs ) CONSENT JUDGMENT Mrs, Flore nee L. Gaither nd Chester York ' he This cause coming on to be heard, and being heard, and it appearing to t ¢ urt that all matters in controversy have been settled and adjudted between the Parties; ete i * Att an ; re Eh ‘i Ahn tale Ate tee tt tt tte tee rs ae > ger oe rs <4 ae mae e Se a re a 3 =~ 7 TO oe os (= = 2 z= a Se bi 2 = Ba ~ a — ~~ —— = hd eS fe a EE - aes as % ae. --— er chee are: Se J ee ooo re St + tn eae ein a gg of = Se Hes a , S 3 <2 o> ae bat e o— Es IN THE SUPERIOR COURT SECOND WEEK --- AUGUST TERM, 190 34% MONDAY, AUGUST 5th, 190 346 IN THE SUPERIOR COURT SECOND WEEK -- AUGUST TERM 190 MONDAY, AUGUST 5th, 190 Avtorneys for Defendants satisfactorily adjusted between themselves all matters and things growing out of $e, Nel. It is now, by consent, ordered and adjudged that the plaintire take yorth carolina In the Superior court i i. ' nothing more by this action, and that the defendants pay the cost of the action 4, Iredell County Ausust Term, 19,0 i } be taxed by the Clerk. | ; ah fe y. Weisner, Plaintiff, ( : i Tadse Peoeting —. vs JUDGMENT i * | BY CONSENT: puke Power Company, Defendant | i \ oo Ht Retornsys TOP Plaintiif This cause coming on to be heard at the August erm of Iredell Superior a ai Raymer & Kaymer court before His Honor, G. V. Cowper, Judge “residing, and it appearing from the } . , 2) Grant & Grant admission of the parties and their counsel, that the plaintiff and defendant have ay uf itt 8 Whe? tae the facts and things set forth in the complaint and that the plaintiff is not entitled to recover in this action against the defendant, and the plaintiff having te tse ae te it tte ne ie ia de tee le ibe te be ar mlpreatternabtoreniienation i rablmcait cate esite ate ie er beet cts stim come into Court and asked to take a voluntary non-suit; It is, therefore, ordered, considered and adjudged that the plaintiff take STATE OF NORTH CAROLINA ) nothing further in this action and that the same be dismissed and by consent, that i IN THE SUPERIOR COURT COUNTY OF IREDELL ) ‘ the costs be paid by the defendant. i IE ' it C. © Johnston and W. C. Johnston, partners } Ge Ve Cowper. eri doing business under the firm name of Johnston ) Judge Presiding at Hardward Company, Plaintiffs ) By Consent of: Ri ni , Lewis & Lewis a VSe JUDGMENT — ta ; Kitomeys for the Plaintiff be Mrs. Minnie T. Moore, owner, and W. C. York, ) an contractor, Defendants. } Scott & Collier , Jack Joyner In the above entitled action, it appearing to the Court that all matters Attomeys for the Defendant issue and involved herein between the plaintiffs and the defendant, W. C. York, 8 set out in the pleadinzs have been compromised and settled, the defeniant, W. © York, agreeing to pay the sum of One Hundred and Twenty Two Dollars ($122 00) acticin shana allan setieecile. sleet ahnc stiches tle tee ae ete tthe ete te ae ih ae kh a ae together with the costs of this action. v It is, therefore, by and with the consent of Starr and Starr, attorneys Fog ee ee « . -VSe 3 y 3 Azz, to for the plaintif?s, and Raym _~ t . sndant, We C. York, Buck Brown } It appearing to the Court that this deferdant was brought in ‘ ymer and Raymer, attorneys for the defe ’ | Gach ans a Capias and that he is, at this time, paying oe ordered and adjudged that the plaintiffs recover of the defendant, W. C york, the of $20.00 for the use of Clarence Summers 48 heretofore ordered, 4t is ordered that this case be continued under former orders sum of One Hundred and Twenty Two Dollars (122.00) with interest from the 5th day upon payment of the said 420.00 and the cost of the capias at this term of the Court. ¢" ° Ute of August, 1940, and the costs of this action, to be taxed by the Clerk of the % los 276 Ina. G. V. Cowper aoa } RECKLESS DRIVING. Juige Presiding, August Term State ~vs~ i ss By consent: 190 “rl E. Wallace § It is judgment of the Court that the defendant be confined in the common jail of Iredell County and assimed to work on the Kore & Starr _ roads under the supervision of the State Highway and Public ‘torneys for Plaintiffs Yorks Commission for a period of TWELVE MONTHS. moc Be ROymen ane It is ordered that a statement be attached to the commitment Attorneys for Defendant” in this case to the effect that the defendant is in sewkons : physical condition and should receive treatment before beginning J his term. r d atta nallclticltnttecltettectttiretinctindpectieigetaaipetit N oy Ue State 2y OPERATE A MOTOR VEHICLE WHILE HIS OPERATOR'S LICENSE ARE REVOKED. “VS< Carl & i of the + Wallace Prayer for judgment is eontinued until the expiration sentence in Sane Be 276, at which time Capias shall snoue. 08 the Solicitor may, in his soukd discretion, move for Jud guen in this cause. IN THE SUPERIOR COURT r 348 IN THE SUPERIOR COURT i : SECOND WEEK - AUGUST TERM 19)0 349 SECOND WEEK - AUGUST TERM 190 MONDAY, AU?UST 5th, 190 LIABILITIES-= Due stockholders MONDAY, AUGUST 5th, 190 In the Superior Yourt, Poe Bills payable 1,412.00 North Carolina Reserves - book value _ 7,571.90 In the Superior Court Iredell county 41,150.08 Je Ce Sloan vs ORDER Sloop Furniture Company, Inc. this cause coming on to be heard upon the petition and report and being ee and it appearing that the business cannot be successfully operated without more cap at is therefore ordered and adjuded that the receiver be and he is hereby di rected ; sell the stock of goods at public auction to the highest bidder for cash at the plee of business on South Main Street in the Town of Mooresville, N. C., on Monday, Augie’ <2 1940 at 11:00 A.M. after advertising the same in some newspaper published a County twenty days immediately preceding the sale and report his proceedings to tis court without delay for confirmation. ; It is further ordered and directed that the said P. A, Alexander, recermms ita advertise in some newspaper published in Iredell County a notice notifyinz the os of the Sloop Furniture Company, Inc., to present their claims duly verified t © receiver on or before the 15th day of October, 190. ecounts be It is further ordered and decreed that the receiver retain the sections longing to the said Sloop Furniture Company, Inc. for the purpose of col nespectfully submitted, Ae te Colson A.W.Colson, Liquidating Trustee At ttle tle te Ae tle atte tee diate tbe atin emai tte tir ote te ded th th de it tt Se i ei i id This Honorable court takes recess until ®t 9:30 otclock A.Me. Tuesday Morning, Aucust 6th, 190, Operating Statement of P. A. Alexander, Receiy August ‘erm, 1 hs +) Sloop Furniture Company, Inc. Mooresville, N. C. si tredel1 county , erm, 1940 i / From July 13th, 194.0 to August 3rd, 19)0 y. Deaton Ce ° { iy vs oe yille Building and Receipts: 2 Moore ssooiation. aa Cash on hand July 14th, 19,0 $ Loan Ri Cash Sales 158:%4 i Collections on Accounts Pledged to First Natl, Bank, Mooresville . urt of Iredell Younty: ~ Collections on Accounts pledged to American Acept. Corp. ia Tus to the Superior Co : ae Other Collections ? A, W. Colson, Liquidating oe for the Mooresville Building and Loan Association, i. j —2.59 — a1 bmits the following report from May 1, 19,0 thr ; Total Receipts $3514.56 respectfully su oa ough July 27, 190; i Disbursements: RBCEI PTS~ t . = Cash on hand and in bank, Apr. 40, 19,0 $3,207.97 ike _ - at Salary $ 59,00 Rent 95.00 re Vv. D. Kenne . hat W. H. Cook 7 ae Payments on loans 99.10 mt Dave Phifer ’ és eee 7.05 paid stockholders 2,069.00 | i hein pa 7 Real estate improvements 120.99 4 H Shation 005 Loans for repairs 737.56 eal] ; = a pane 2 a ; Compensations 300.00 7h) ash on hand Aucust 3rd, 1940 107.8 Repairs to real estate 4256 AP Cash on hand and in bank, July 27, 1940 1:70.96 die yd Total Disbursements $351.59 ae ‘| 5702.07 a ASSETS- sf _P. A. Alexander Cash on hand and in bank 4.70.96 et P. Ae Alexander, Receiver Loans - book value 2h ,208. 3) ey Real estate - book value 15,127.69 "Nis Furniture and fixtures =- book value __ 1,343.09 . e0= =0© =0© =0© <0 41,150.08 7 —— —- ; a ee : F a WH" this cause is retained for further orders. LA Ac — a OS yy : JUDGE RESIDING this the 5th day of August, 190. r Ge V. Cowper aay Jadge Holding Court 1 County, August 1940 Terme et? HHH eee eee eee ee eee rE 348 IN THE SUPERIOR COURT SECOND WEEK - AUGUST TERM 190 MONDAY, AU:UST 5th, 190 Operating Statement of P. A. Alexander, Receiver fop Sloop Furniture Company, Inc. Mooresville, N. c, From July 13th, 1940 to August 3rd, 190 Receipts: Cash on hand July 14th, 190 ; Cash Sales 15874 Collections on Accounts Pledged to First Natl, Bank, Mooresville, n.c, ash Collections on Accounts pledged to American Accpt. Corp. a Other Collections _ 95.65 Total Receipts $351.59 Disbursements: J. C. Sloan, Salary $ 59, W. D. Kennedy ‘oe We. He Cook ee Dave Phifer 11.50 Mrs. Clara B. Poston 115.00 Gasoline 7.05 Freight 050 Postage ‘fs Stationery 7 Cash on hand Aucust 43rd, 190 107.88 Total Disbursements $351.59 P. A. Alexander {yoga CAROLINA tredell county IN THE SUPERIOR COURT SECOND WEEK - AUGUST TERM 190 349 MONDAY, AUGUST 5th, 190 In the Superior Yourt, | Ausust ern, 1914.0 =ibh | C, Me peaton vs yooresville Building and Loan association. P. A. Alexander, Receiver to the Superior Court of Iredell Younty: Gi 4, W. Colgon, Liquidating Trustee for the Mooresville Building and Loan Association, i \ respectfully submits the following report from May 1, 1940 through July 27, 190; ney ; Zs TPTS- a i jr on hand and in bank, Apr. 30, 19440 $3 207.97 { he Rent 95.00 My; y Paynents on loans — 222.10 an i. #3 » 702.07 Gag DISBURSEMEN TS~ abt: Paid stockholders 2,069.00 wee Real estate improvements 120.99 | rh Loans for repairs 73756 Compensations 300.00 aaa Repairs to real estate 3.56 une Cash on hand and in bank, July 27, 190 1170.96 ae 5 5702.07 Ry ASSETS- ia nM Cash on hand and in bank 4.70.96 ee Loans - book value 2,208. 4) ‘ 1 ; Real estate - book value 15,127.69 i Furniture and fixtures - book value 1, 34.3209 North Carolina In the Superior Court Iredell County Je Ce Sloan } 4 vs ORDER ) ) Sloop Furniture Company, Inc. this cause coming on to be heard upon the petition and report and being beer and it appearing that the business cannot be successfully operated without more ae at is therefore ordered and adjudjed that the receiver be and he is hereby direc nlsee sell the stock of goods at public auction to the highest bidder for cash at the a of business on South Main Street in the Town of Mooresville, N. C., on Monde y, OF i 26, 1940 at 11:00 A.M. after advertising the same in some newspaper published this County twenty days immediately preceding the sale and report his proceedings — court without delay for confirmation. It is further ordered and directed that the said P. A. Alexander, grog advertise in some newspaper published in Iredell County a notice notifying the os of the Sloop Furniture Company, Inc., to present their claims duly verified to receiver on or before the 15th day of October, 190. accounts be- It is further ordered and decreed that the receiver retain the ollection- longing to the said Sloop Furniture Company, Inc. for the purpose of © this cause is retained for further orders. this the 5th day of August, 1910. G. V. Cowper udge Holding 0 n irece County, August 19,0 Terme ‘ a? AY a # Cec HHH HHH eaneeeae ee ee * 41,150.08 Loa a a ea LIABILITIES- - ss f Due stockholders 32 5166.18 ae} Bills payable 1 412.00 Reserves - book value __ 7571-90 : . ' at 41,150.08 ) nespectfully submitted, } i A. Colson fA.W.Colson, Liquidating Trustee A tle tie ak de ade dle atte eet dient nite niet itt nie tend te dbedb th dh dt dt dh dh te te th te ae at This Honorable court takes recess until Tuesday Morning, Ausust 6th, 1940, ®t 9:30 otclock A.M eiee fe ae \ “6, Zee #<—z] LES G } 350 IN THE SUPERIOR COURT SECOND WEEK =~ AUGUS! TERM 190 TUESDAY, AUGUST 6th, 19)0 This Honorabk Court convenes according to adjournment on Tuesday } Orning, Aurust 6th, 19).0 at 9:30 o'clock. North Carolina In the Superior Court, Iredell County Auzust term, 190 Ne Me Lewis, an Officer and Stockholder { of the defen‘ant corporation, on behalf ) of himself and all other stockholders and ' creditors of the defendant who may conie in ) REPORT OF THR RECEIVER and make themselves parties plaintiff, { vs ' ) Lewis and Wagner Panel Coe, a corporation To the Honorable G. V. Cowper, Judge Presiding at the Aucust Term: The undersi;;yned Recliver of the defendant, Lewis and Wagner Panel Compan respectfully returns and makes his report to the Court at the Aurust Tern, showing complete detailed schedules of all receipts and disbursements, including sales of merchandise and collection of accounts mde by him since the date of his appointment on May 6th, and his subsequent qualification as permanent Reciver of the defendant, same being hereto attached under separate schedules markéd Schedule A covering _ receipts and Schedule B coverin:; disbursements, : the receiver further reports to the Court that pursuant to the ofders here- tofore made in tis action, he completed the operations of the plant to the extent directed by the Court and used up and consumed the inventory and disposed of all the supplies and equipment that came into his hands as Receiver, except that he hss not sold the machinery located in the K & L Panel Co. plant and he has not completed the collection of the notes and accounts receivable. WHESEPORE, the Keceiver prays that the Court will receive his report and approve it and order it filed. +his Au-sust 6, 19,0. J. S. Pickett Permanent necceiver Lewis & Wagner Panel Co. John S. Pickett, the lNeceiver in the above entitled matter having filed his report at the Aurust Term of Court; It is ordered by the Court that his report be received and allowed and filed and this cause is hereby continued under former orders of the Court until the next term of Superior Court of Iredell County, pending such further orders as the Court may make herein. this Ausust 6th, 190. G. V. Cowper Judge Presiding at Aucust Term, 19Uv. Sales made from May 6, 190 throush July 29, 1940 by Receiver of Lewis & Wagner Panel Co. Toh} Cull Panels ° oe w " ‘1 a " " 256 " " 20476 " " 10 " " 406 . stock Beebe Sherrill Furmiture Co. 4 " " " 39] " t " wer Trustees Conover Furn. Corp. 368) IN THE SUPERIOR COURT SECOND WEEK - AUGUST TERM 191.0 TUESDAY, AUGUSY 6th, 1910 Novelty Furn. Co. tt " " gravely sherrill Furniture Co. Show Case Co. statesville yorris Novelty Co. vartinstille Novel ty Co. Co- Bylo Furn. CO5 vorris Novelty Go gravely Novelty Fume Co. i" tt " " tt t wt Fullbright Cabonet Co. Bylo Furn. Co» yartinsville Novelty Co. yartinsville Novelty Co. . J F « CO. gravely Novelty umn . Sherrill Furniture Co, Cron Kills Co. Bill Tuchin Co. Trustees Conover Furn. Co. Carolina Parlor Furn. Coe Piedmont Baking Co. Sherrill Furm. Co. " w i " tt " Irustees Conover Furn. Uo. " " Ww " Statesville Chair Co. Sherrill Furniture Co, (ak Furniture Co, Bylo Furniture Co. Je He Walker Sherrill Furniture Co, Carolina Parlor Furn. Co. Purchases from May 6, 1940 through July 29, 190 by Receiver Lewis Panel Company Merchants & Farmers Bank draft for glue People's Loan & Savings Bank draft for glue " " " . . ? Kd Motor Co. freight on veneer Suite witte Plywood & yeneer Co. veneer : th Transfer C.0.d. for veneer 4 M Motor Co. c.o.d. " 7 he Loan & Savinis Bank draft for veneer Neaye rm Railway Co. freight on veneer ; r Lumber Company, commission for sale of lumber arks Realty Co. rent Nel] Sherrill for work eoples Loan & Savings Bank payroal : Peoplenetpton hauling blocks Southe 8 Loan & Savinzs Bank draft for veneer Interstar na may Co. freight on veneer O& y © Transfer Co. c.0.d. for veneer Meteesess* Co for veneer (frt) City of le Realty & Investment Co. bond cost Statesville Power & water LJ. yecmPloyment taxes Cliectar ees intangible tax Outhmies. internal revenue tax ®8 Service station Milg tead Service Station gasoline for trucks 350~A 26.11 1,209.09 270.2h 96.2): 591.8h 100.00 18.15 75.60 1,219.73 1,8:1.70 67623 415.57 180.943 9.04 1,020.12 60.00 104.02 7cC 0 Ly | 5095 * Wagner & 760) 105. 10 166. 9 10.16 12.42 28.40 238,80 352.08 31.6 45.00 17-43 ah 68 1,692.34 55-80 9-3 355006 =o 15365 6.98 60.00 41.83 an 119. 186.61 b75¢ “3 ¥ 350-B IN THE SUPZRIOR COURT SECOND WEEK - AUGUST TERM 190 TUESDAY, AUGUST 6th, 1910 Je Me Taylor Machine “hop Ne C. Unemployment compensation taxes 1,00 % Sn 7 115, Peoples Loan & Savinzs Bank payroll 1207748 J. S. Pickett salary 13,01 Le. D. Hampton hauling blocks 300.00 Sou. Bell Telephone Co. 2.75 Mrs. T. W. Carlisle salary aa Statesville paily for advertisement 31, Hampton Goode for commissions 1 3050 Postal ‘'elegraph Cable Co. ae 1 . a = . People s Loan * Savings Bank payroal 281.78 tt " tt " " 2 9 " " " tt tt 99.00 W. Sprinkle 20 Sou. Bell Telephone Co, 16:49 Postal Telegraph Co. 70 Cash for P.Q. Box rent ‘ 0 J. He Whery commission 75-60 Collector internal revenue 19,39 State of N. C. 1.00 Brown Bledsoe Lumber Co. (lumber sold of his) 75.00 Ne C. Unemployment (Penalty) : Le R. Cline labor 1.6 Scott Murdock labor 18,00 Claud pavidson . 18.00 S. C. Troutman " whi Johnnie Mencer . 1,30 He. Ae Drum tt 4.73 E. M. Anderson 50.00 Mrs. T. W. Carlise labor 20.00 Guy Gaither " 29.50 Joseph Sturghill " 25.20 Milstead Service Station zasoline trucks 20. 3h e S. Pickett salary 300.00 Guy Gaither labor 10,50 Joseph Sturghill labor 9.00 Soue Bell Telephone Co, an Ne C. Unemployment compensation at Collector internal revenue 18.4) Mrs. T. W. Carlisle 12.50 tn ~ SCHEDULE OF DISBURSEMENTS I> tea B" NORTH CAROLINA, . In the Superior Court IREDELL COUNTY. Je De. Pope, Vs. Re S. Gillespie, trading and doing business as ) ) ) } JUDGMENT OF NONSUIT QF Piedmont Creamery 4 This cause coming on to be heard before His Honor G. V. Cowper, Judée rolins Assimed to and Holding Courts in the Fifteenth Judicial District of North 0@ IN THE SUPERIOR COURT SECOND WEEK -- AUGUST TERM, 190 301 TUESDAY, AUGUST 6th, 190 oa th appearing to the Court that the parties have compromised and settled the matters and things arising out of the pleadings filed in this matter; that the plaintiff desires to take a voluntary nonsuit, and that the defendant is to pay the costs of this action, to be taxed by the Clerk of this Court. TT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that the plaintiff take a voluntary nonsuit in this action, and that the defendant pay the costs of this action, to be taxed by the Clerk of this Court. G. V. Cowner Judge Holding Court, Aucust 1940 Term NORTH CAROLINA, In the Superior Court IREDELL COUN! Y. Mrs. Je De Pope, tet iGa i= ins im Vs. In Ic Iv [2 Rk, §. Gillespie, trading and do- ing business as Piedmont Creamery } } ' } ‘ } This cause coming on to be heard before His Honor, G. V. Cowper, Judge Assigned to and Holding Courts in the Fifteenth Judicial District of North Carolina, and it appearing to the Court that the parties have compromised and settled the matters and thincs arising out of the pleadings filed in this matter; that by the terms and conditions of the compromise, the plaintiff is to have and recover of the defendant the sum of Six Hundred Seventy-five Dollars and Seventy-eight Cents ($675.78), for the personal injuries which she received; of this sum, One Hundred Thirty-two Dollars ($132.00) is to be paid to H. F. Long Hospital, for hospital services; tozether with the costs of this action, to be taxed by the Clerk of this Court, IT Is, THEREFORE, ORDERED, ADJUDGED AND DECREED that the plaintiff have and "ecover of the defendant the sum of Six liudred Seventy-five Dollars and Seventy- eight Cents ($675.78), for the personal injuries which she received, of which amount One Hundred Thirty Two Dollars ($132.00) is to be paid to H. F. Long Hospital, for medical Services, together with the costs of this action to be taxed by the Clerk of this Court, Ge V. Cowper Yudce Holding Court, August Consenteq to: Term, 19,0 Lewis ;, Lewis Nomeys Tor Pratntiry— Adams De arman & Winberr Nomeys for Detee eee IN THE SUPERIOR COURT SECOND WEEK -- AUGUST TERM, 19,0 TUESDAY, AUGUST 6th, 19h0 No. 1081 ORDER. Maude Setzer vs The motion made in this action by J. H. Burke C. He Dearman, Admr. of for and on behalf of Wade Cc. Ostwalt, is dignity my F. Me Ostwalt, dec'd. said Motion was filed in the Clerk of Court's Owed, whic, 10, 190. Office Jing rere SR Re eRe Ren tee ah ae ies ee a a ln A eA NR a ca eb hte a He tects ' North Carolina, In the Superior Court, Iredell County. August Term, 190. Zelma Be. Plott Vs. W. Roy Plott This cause coming on to be heard at This Term of the Superior Court of Iredell County, North Carolina, and being heard before His Honor, G V. Cowper, Judze assimed to and holding this Court, upon the complaint and affidavit filed in this cause the Court finds that the plaintiff and de‘endant are husband and wife, and that the defendant abandoned the plaintiff and has failed and refused to maintain or support his wife, and thet she is without means to support herself, or to employ attorneys to prosecute this action, and that the plaintiff is asking and makes a motion thet she be paid alimony pen dente lite and attorneys fees pending the determination of this action, and that the Court is of the opinion that this relief should be granted: it is, therefore, ordered and adjudged by the Court that the defendant, i. Koy Plott, pay to the plaintiff, Zelma B. Plott, the sum of /45e00 per month for the support and maintenance of his wife until the final determination of this action, the first payment to be made on the lst day of September, 1940, and a like sum ‘on the lst day of each mohth thereafter until further orders of this Court. It is further ordered by the Court that the defendant pay into Court, to the Clerk, the sum of $25.00 on the lst day of September, 190, to be paid by said Clerk to Lewis & Lewis, Attorneys for plaintiff. this cause is retained for further orders. G. V. Cowper Judge Fresidti: August Term 190 Bt a eat ath i pm a i ate HI rst contested ovenber Term, 4s Court of this. } E. Allison, Jr. } This case is set pre-emptorily as the Fir: vs } case on the Civil Trial Calendar for the * Winston Mutual Life Ins. § 190, and it is ordered that the Clerk of th 4 Co. notify the Counsel for Plaintiff and Defendant, ttt tent tecture total toepaatonttaatietptpageapeatpentprapectmnmatieceset—rnnm eT No. 302 ) BREAKING & ENTERING. State -vs- Albert Hartline } It is ordered that the judgment heretofore entere en (see page 335) is stricken out and the following judgment in lieu thereof: 8 case a in thi tered It is judgment of the Court that the defendant be Cott of NOP LESS States Central Prison, at Raleigh, N. C. for 4 perio THAN FIVE YEARS NOR MORE THAN TEN YEARS. mettre ncn AIO NORTH CAROLINA IN THE SUPERIOR COURT COUNTY OF ASHE JULY CIVIL TERM, 190 Gertha Moore, J. D. Stansberry, Clerk of Superior Court of Ashe County, Rose Marie Moore, and James Arthur Moore, by their Next Friend, D. L. Francis TRANSCRIPT OF JUDGMENT Vs. T. A. Moore, Mrs. J. W. Allison, and T. L. Moore This cause coming on to be heard before the undersigned Judge Presiding and a jury, and the following issue having been submitted to the Jury and answered as herein set out: "In what amount are the defendants indebted to the plaintiffs? Answer: $267.25." IT IS NOW, THEREFORE, upon motion of Bowie and Bowie, Attorneys for the plaintiffs, considered and adjudged that the plaintiffs recover of the defendants, T. A. Moore, as principal, and Mrs. J. W. Allison, and T. L. Moore, as sureties for the use and benefit of Rose Marie Moore and James Arthur Moore, minors, the sum of $267.25, together with the costs of this action to be taxed by the Clerk. IT IS FURTHER considered and adjudged that Mrs. J. W. Allison may and shell be discharged from any other and further liability upon the bond sued upon in this action, if and when, she shall pay into the office of the Clerk of the Superior Court for Ashe County for delivery to Gertha Moore for the use and benefit of Kose Marie Moore and James Arthur Moore, the sum of $500.00, the Court finding as 4 fact after due and proper inquiry that such a release of said surety so obtained will not in any manner jeopardize or impair the rights or interest of Rose Marie Moore and James Arthur Moore, minors, for the reason that said minors under the tems of the bond herein referred to could not in any event recover from the said Mrs. J. W Allison more than $500.00 in the aggregate. Rendered in accordance with the verdict of the Jury and with the approval of the Court, this the 2th day of July, 19,0. J. Will Pless, Jr ——“yutge trestding NORTH CAROLINA ASHE COUNTY I, J. D. Stansberry, Clerk of Superior Court of Ashe County, hereby itl that the foregoing is a true and perfect transcript from the Judgment Docket ”” at the July it! Ie wi) Term, 1940, of the Superior Court of said County, whereat, His Honor, Judge . as herein transom! office in Book A-6 thereof, page 131, which judgment was rendered Pless, Jr. Presided, when and where said Judgment was rendered, The cost of suit is $27.05. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court at my office at Jefferson. This the 14 day of August, 190. J. D. Stansberry Clerk Superfor Court. forth Carolina, In the Supreme Court, Alexander County. August, September Term, 19,0 Anne Watson vs Q JUDGMENT ) Herbert K. Watson ) This cause coming on to be heard and being heard at this Term of the Supreme Court of Alexander County, North Cxrolina, before His Honor, Hubert Olive, Judge Presiding, and a jury, and the jury having answered the issues submitted to it by the Court in favor of the plaintiff and azainst the defendant, as set out in the record: It is therefore, ordered and adjudged by the Court that the bonds of matri- any heretofore existing between the plaintiff, Anne Watson and the defendant, Herbert K, Watson be, and the same are hereby disolved, and the plaintiff is granted an absolute divorce from the defendant, and that the custody of Lyda Mariell Watson, the infant child of the plaintiff, Anne Watson and the defendant, Herbert K. Watson, is hereby awarded to the plaintiff, Anne Watson. It is further ordered and adjudged by the Court that the defendant Herbert i Watson, shall pay into the office of the Superintendent of Public Welfare, Iredell County, North Carolina, for the use and benefit of the aforesaid infant child, Lyda Martell Watson, nthe sum of six dollars per week beginning on Saturday, August 31st, 1940, and on each Saturday thereafter until the aBoresaid Lyda Mariell Watson shall decome 18 years of age. This cause is retained for further orders as to support * custody of child. Hubert E. Olive Judge Presiding forth Caro} ina, Alexander County. I, Mrs. Sam Francis, Deputy C.S.C. do hereby certify that the foregoing ts * true and correct copy of the judgment as filed in my office. Witness my hand and seal this the 26th day of August, 19)0. Mrs. sam Francis Wire. Sam Francis, Deputy Cc. S-_ of Alexander County, N. C. oa teaee ee | ; ee 4 i a ae ra 4 c t b PEs | i : it i ; a ee «if PS oh, , * : ver pe TS a ae ; % oy *) A ; i "eek Gh Bi ret r i a ; . ee | mar Poh nee a ie ch Wing eh at Oi ee 4 eee ~ eee f } r ee ei a i /*) i i ih - + ek. ey . ' ae + The abit | . mi te ie ye my i . i r Pee i *} 5 + t Rte mn ‘ ; be ist!) m b 7 ti | , < +e oy) ’ - ‘ he 4 4 : oo hee abe ee aes th : } q's : . i te i a Bl Sa Ohad , } } mai if | ' ae) BRE , J t : re] t i fe. { —s a a => Fx Jo > ae oe ) ee ee 5 See: eS > NORTH CAROLINA IN THE SUPERIOR CouRT IREDELL COUNTY JAMES CLINE GAITHER, by his Next Friend, A. M. Gaither -vs- JUDGMENT Atlantic Greyhound Corporation, Phillip Ness and Irving Ness, trading and doing business as Ness Brothers & Vompany This cause coming on to be heard and being heard before His Honor, H, Hoyle Sink, Judge holding the courts of the Fifteenth Judicial District, at chambers, anj it appearing to the court that the plaintiff in this action is a minor and is duly represented herein by his next friend and father, A. M. Gaither, who has been duly and regularly appointed as such by the Clerk of the Superior Court, and that said action is for personal injury to the plaintiff James Cline Gatther, which happened to him on or about the 9th day of July 1938, in consequence of which the plaintiff suffered a fracture of the skull, corcussion of the brain, and other injuries, to- gether with physical pain and mental suffering arising therefrom. And it further appearing to the Court that the parties hereto have agreed to compromise and settle the matters at issue between them upon the payment to the plaintiff by the defendants Atlantic Greyhound Corporation and Phillip Ness and Irving Ness, trading as Ness Brothers and Company, of the sum of $1,800.00 desire the sanction and approval of the court in order to make such settlement binding, effective and valid by reason of the plaintiff being a minor, and the court having investigated the matters alleged in the complaint and answer and the facts involve in said personal injury by examining the plaintiff and his father and next friend, by examining other parties having knowledge of the facts surrounding the accident en injury for the purpose of determining whether or not it is to the best interests o the plaintiff, a minor, to compromise and settle said action for the said sum, and after further investigation the court is of the opinion and finds as 4 fact that th settlement is fair and reasonable and that it is to the best interests of the ssl plaintiff that the said matters be compromised and settled upon the terms agreed upon between the plaintiff and the defendant. IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that the settlement 1s [7 and reasonable and for the best interests of the plaintiff, James Cline Gaither, * minor, that the matters at issue in the above-entitled cause be compromised -” settled upon the payment to the plaintiff by the said defendants in the sum of $1,800.00 in full discharge of all liability by reason of the matters set forts in the complaint, and all other matters growing out of the injury alleged petwee? a upoe the parties hereto to compromise and settle all the matters at issue aforesal be and the - IT IS FURTHER ORDERED, ADJUDGED and DECREED that the agreement made the payment of the aforesaid sum to the plaintiff by the defendants is hereby in all respects ratified, approved and confirmed, and it 18 ORDERED, ADJUDGED Ana DECREED that by and with the consent of the parties hereto that the sheinti ff recover judgment against the defendants in the sum of $1,800.00 as settle- nent in full for all damages whatsoever which have arisen or which might hereafter aris and things growing out of the accident alleged; and it is further ORDEKED, ADJUDGED e by reason of the personal injury described in the complaint, and all other ma ttersi® and DECREED that upon the payment of the said sum by the defendants that the said defendants shall be forever discharged from all liabilities which have arisen hereto- fore or which might hereafter arise by reason of said injury. It is further ORDERED and DECREED that the costs of the action be taxed against the defendant, Atlantic Greyhound Corporation. It is agreed between the defendants that the defendants Phillip Ness and Irving Ness, trading as Ness Brothers and Company, pay the sum of $500.00 on this judgment and that the Atlantic Greyhound Corporation pay the balance thereof. This the 9 day of September, 190. H. Hoyle Sink Judge Holding the Courts of the Fifteenth Judicial District Consented to: A. Me. Gaither Next Friend Brant & Grant Raymer & “emer Attomeys for Plaintifr Hutchens & Parker Attomeys for Defendant Atlantic Greyhound Corporation. Land & Sowers omeys for endan Ness Brothers & Company. NORTE CAROLINA 3 R COURT TELL Counry IN THE SUPERIO J.C. Yourz and EDDIE YONTZ, airstats next friend, A. M. ee JUDGMENT A TANTIC GREYHOUND CORPORATION This cause coming on to be heard and being heard before His Honor, H. Hoyle 8 ink, Judge holding the courts of the Fifteenth Judicial District, at chambers, and and are duly it Paring to the court that the plaintiffs in this action are minors “resented herein by their next friend, A. M. Gaither, who has been duly and regularly a Pointed as Such by the Clerk of the Superior Court and that said action is for to Persona) injuries to the plaintiffs, J. C. Yontz and Eddie Yontz, which happened them on or about the 9th day of July 1938, in consequence of which the Plaintire J. Ce. Yontz suffered a fracture of the collar bone, with other bmises and abrast ony and the plaintiff, Eddie Yontz was considerably shaken up and shotked due to the impact, together with physical pain and mental suffering sustained by both Plaintitr, Ana it further appearing to the court that the parties hereto have agreed t, compromise and settle the matters at issue between them upon the payment to the plaintiff by the defendant Atlantic Greyhound Corporation, the following amounts; To J. C. Yontz $25.00; to Eddie Yontz $5.00. And it further appearing to the court that the parties to this action desin the sanction and approval of the court in order to make such settlement binding, effective and valid by reason of the plaintiffs being minors, and the court having investigated the matters alleged in the complaint and answer, and the facts involve in said personal injuries by examining the plaintiffs and their next friend, by ex ing other parties having knowledge of the facts surrounding the accident and injury for the purpose of determining whether or not it is to the best interests of the pla tiffs, minors, to compromise and settle said action for the said sum, and after further investigation the court is of the opinion, and finds as 4 fact, that the settlement is fair and reasonable and that 4t is to best interests of the plaintiffs that the said matters be compromised and settled upon the terms agreed upon between the plaintiffs and the defendant. IT IS, THEREFORE, ORDERED, ADJUDGED and DECREED that the settlement is fair and reasonable and for the best interests of the plaintiff, J. C. Yountz, & minor, sé that the matters at issue in the above-entitled cause be compromised and settled upo the payment to the plaintiff by the said defendant the sum of $25.00 in full dischert of all liability by reason of the matters set forth in the complaint, and all other matters growing out of the injury alleged. IT IS FURTHER ORDERED, ADJUDGED and DECREED, that settlement 1s fair and reasonable and for the best interests of the plaintiff Eddie Yontz, # minor, that the wy matters at issue in the above-entitled cause be compromised and settled upon the | ment to the plaintiff by the defendant the sum of $5.00 in full discharé? of all tters liability by reason of the matters set forth in the complaint, and all other ™ growing out of the injury alleged. IT IS THEREFORE ORDERED, ADJUDGED and DECREED that the agreement betw on the parties hereto to compromise and settle all the matters at issue aforesaid uP game 18 payment of the aforesaid sum to the plaintiff by the defendant, be and the hereby in all respects ratified, approved and confirmed, and 4t is ORDERED, antiffs AND DECREED that by and with the consent of the parties hereto that the pla recover judgment against the defendant as follows: J. C. Yontz $25.00 $ 5.00 said judgment to be in full settlement for all damages whatsoever which ns ies descrived in Eddie Yontz nave aris or which might hereafter arise by reason of the personal injur complaint, and all other matters and things growing out of the , is further ORDERED, ADJUDGED and DECREED THAT upon the payment of the said sum and 4 by the defendant the said defendant shall be forever discharged fpom all liability nich has neretofore or which might hereafter arise by reason of said injury. v It is furthe atlantic G This the 9 day of September, 19,0. reynound Corporation. H. Hoyle Sink Judge Holding Courts of the Fifteenth Judicial District consented to: 4, M. Gaither Text Friend ommt Grant mer Sor PlaintitT omeys ror Plain futchins & Parker meys ror Delendan Atlantic Greyhound Corporation. eect te lntrnihctrtotonihttticwnthitorttor tenant tt Bt th tt tte { Yorth Carolina In the Superior Court Iredell County Jams Cline Gaither, by and ) through his next friend, A. 4 Xi. Gai ther q -vs- } RDER Atlantic Greyhound Corporation ™ ind Irging Ness and Phillip Ness, trading as Ness Brothers & Company } This cause coming on to be heard and being heard before the undersigned Clerk of Superio® Court of Iredell County, N. C., upon motion of Grant & Grant and Raymer & tamer, attorneys for the plaintiff, a minor, for an allowance for attomey ee services rendered the plaintiff in the prosecution and settlement of this action; and, It appeari that this action was instituted by said attorneys pursuant to agente Rg By oe end Grant and A. M.Gaither, the father and next friend of James Cline Gaither, and that said contract provided that said phage Lf should be paid 43-1/3% of any recovery made, either by way of compromise or by a _ rey it appearing that Raymer & Raymer were associated with daid attorneys to assis the prosecution of the plaintiff's claim; and, It appearing to the Court that said action has been settled and compromised a Consent judgment entered in this cause by His Honor H. Hovle Sink, Juige melding pee of the Fifteenth Judicial District, awarding the plaintiff judgnent in the of $1,800.00 and costs; and, compensa appearing further to the Court and the Court finding as a fact that the ‘ ble and ion stipulated in said contract is reasonable and that the reasons bigger of the services rendered in behalf of the plaintiff is the sum of $600.00, e~ hird of the amount of the compromise; Tt is, th g crant & Grant and Raymer & Raymer, A erefore rdered and adjudged that Gra one for the plaintift be paid the Soa of $600.00 from the proceeds paid into payment and satisfcation of the jwignent entered herein. This the 10th day of September, 1940. Cc. G. Smith —<aisie Superior ComtOC—™S y ORDERED and DECREED that the costs of the action be taxed against the defendant 709 ew Cee (ai ye i) 360 ac] North Carolina In the Superior ¢ Iredell County ourt J. C. Yontz and Eddie Yontz } by and through their next y friend, A. M. Gaither ORDER Atlantic Greyhound Corporation This cause coming on to be heard and being heard before the under of Superior Court of Iredell County, N. C., upon motion of grant & Grant Raymer, attorneys for the plaintiffs, minors, for services rendered t the prosecution and settlement of their action; and, Signed Cen, and Rayner 4 he plaintiffs ;, It appearing to the Court that this action was instthtuted by said atto personal injuries sustained by the plaintiffs as set forth in the complaintherein. ; that said action was compromised and settled by a consent judgment bntered ad Honor H. Hoyle Sink, Judge holding Courts of the Fifteenth judicial district aa judgment in favor of the plaintiff J. C. Yontz in the amount of $25.00 and in tg, the plaintiff Eddie Yontz in the amount of $5.00; and, "" It appearing to the Court that said attorneys are entitled to a reasonable compensation for their services, and that a fee of ¥70.00 is fair and reasonable; It is, therefore, ordered and adjudged that said attorneys, Grant & Grant ani Raymer & Raymer be paid the sum of $10.00 for services rendered in the prosecution and settlement of said action from the amounts paid in discharge of said judgments, and that the same be paid from said proceeds pro rata. This the 10th day of September, 1910. C. G. Smith Clerk “uperior Court. eth te te te te Se te ke hl he, elm nl, ile ols atlas atl atl sls ati tiller atl cline slave. lee th ib hee ahhh cl-temeonot NORTH CAROLINA . IN THE SUE RIOR COURT IREDELL COUNTY J. A. CRAVEN ) ( vs. JUDGMENT F. M. CRAVEN ) rk This cause coming on to be heard and being heard before the undersigned, ole 194 of the Superior Court of Iredell County, North Carolina, on Monday, September 2nd, 19) and it appearing to the Court that Summons was issued in this action on July and, and $ and served on July 10th, 1940, by reading and delivering a copy of the summons And, it further appearins copy of the complaint on the said F. M. Craven, defendant; day of to the court that a duly verified complaint was filed in said cause on the 394 July, 190; t is indedte? And, it further appearing to the Court that the defendan / ) pole to the plaintiff in the sum of One Thousand Eighty Nine and 36/100 ($1,089.36 annua, © together with interest from July lst, 190, at the rate of six per cent per promissory ™ And, it further appearing that the said amount is evidenced by ® P a out in paid. executed by the defendant to the plaintiff, the terms of which note are sé fonda? verified complaint filed in this cause; and it further appearing that the 4 not filed an answer or demurrer in the time allowed by law: 361 It is, therefore, ordered and adjudged that the plaintiff recover of the aefendant the sum of One Thousand Eighty Nine and 36/100 ($1,089.36) Dollars, together with interest at the rate of six per cent per annum from the lst day of July, 190 mtil paid, and that the costs of this action be taxed by this Court against the said F defendant. Sik C. G. Smith io Clerk of the Superior Court, Tredell i { County, North Carolina y gis the 9th day of September, 190. APP et ie ie te te ae . - Sid | aati Tet BP Ss ; | ( tH WORTH CAROLINA, In the Superior Court ih F | . IREDELL COUNTY. Before the Clerk ey The Mallory Hat Company, Inc., Plaintiff. Vs. FINAL JUDGMENT J. Paul Gilliam, trading and do- ing business under the name of Ray & Gilliam, Defendant. ; | This cause coming on to be heard, and being heard, before the undersigned | Clerk of the Superior Court of Iredell County, North Carolina, on this Monday, 23 ' September, 1940, on motion of Adams, Dearman and Winberry, Attorneys for the plain- i tiff, for judgment by default final, and it appearing to the Court: 1940, to the Sheriff l- That summons was issued from this Cour on 4 August, of Iredell County, and was returnable as provided by law. 2- That at the time the summons was issued, an order was issued by this Court allowins the plaintiff until the 14th day of Autust, 1940, in which to file its Complaint J 3- That on the 3rd day of August, 190, the defendant accepted service of ‘he summons, and the order granting the plaintiff additional time in which to file its Complaint, arid waived service of the same oy an officer, and further acknowledged ‘eeipt of a copy of the Summons and a copy of the order. h~ That on the 12th day of August, 1940, the plaintiff filed a duly verified Pompla int with the Clerk of the Superior Court of Iredell County, demanding a sum ertain in money due for merchandise sold and delivered to the defendant under the ¢ otract and agreement of the defendant to pay a certain sum therefor; that an itemized the “ouplaint Purchase , Statement, marded Exhibit A, was attached to, and made a part of, » Which statement set forth the merchandise purchased, the date of the and the price to be paid therefor, and contained all debits and credits arig ing out of the transaction. 36: 363 therefore, ordered, adjudged and decreed ¢ 5- That a copy of the plaintiff's Compaiaint was delivered to the def lai ‘ : hat the plaintiff be, and Sl endant allowed, to take a voluntary non-suit in th on the 12th day of August, 19,0, and his acknowledgment of the receipt of th it 18 hereby ’ is action and said action © Sane missed. appears on the Complaint. is hereby dis This the 30 day of September, 190. 6- That the time allowed for the defendant to plead has elapsed, and ¢ C. G. Smith 7 Clerk Superior Court. time has not been extended, and no answer, demurrer, other pleadin ii , Pp &» OY motion, has a been filed by the defendant. 7- That the Court finds from the duly verified Complaint ang A RR A i i i eo ae a the itemized verified statement attached to the Complaint, and marked Exhibit A, that the defe ( ncant is now due the plaintiff, on account of the sale and delivery of merchandise show ; fh eh. YORTH CAROLINA In the Superior Court Hh Ade the plaintiff's statement, marked Exhibit A, the sum of Two Hundred 5 eventy-oné Bo)! dS | Ley IREDELL COUNTY Before the Clerk id bt and Forty-five Cents (3271.45), together with interest thereon at the rate ofbix a per cent per annum from 12 January, 190, until paid. ¢, Me Steele, F. F. Steele, ) ry i, 0 Steele, A. P. Steele, ) yok bk If IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND DECREED that the plain. and B R» Rankin, ‘rading as ) hay The Statesville Brick Company, } HE tiff recover of the defendant, J. Paul Gilliam, trading and doing business under the a Partnership JUDGMENT aR name of Ray and Gilliam, the sum of Two Hund’ed Seventy-one Dollars and Fortysfive Vs. f ih | Centy ($271.45), together with interest thereon at the rate of six per cent per ann ¢. D. Mitcham i ‘i a from 12 January, 1940, until paid, together with the costs of this action to be taxei ieBon This cause coming on to be heard, and being heard, and it appearing to the ioe by the Clerk of this Court. WS Court that the plaintiffs and defendant have adjusted all matters in controversy a nen this Monday, 24 September, 19l0. th between them, and that the plaintiffs ask that they be allowed to take a non-suit. i C. G. Smith Clerk of the Superéor Court of It is, therefore, upon the motion of Land & Sowers, Attormeys for the plain- | Iredell County bid tiffs, ordered, adjudged and decreed that the plaintiffs be and they are hereby allowed | ; to take a non-suit, the plaintiffs to pay the cost. ‘ This the 5th day of October, 190. | te eee eer eee te eee tee eee eee eeeereeeeaaeaeaeaeaaett C. G. Smith Clerk Superior Court. North Carolina In the Superior Court Iredell County tt te thet tg tate ddd tented a te be tdi dt aR ag die tt die die te de te te at Merchants & Farmers Bank of Statesville, Incorporated Yorth ¢ arolina, vs. In the Superior Court JUDGMENT Imdell County, as | Mrs. Belle Yount Nicholson, | Adm'nistratrix of the Estate of C. R. Nicholson, J. H. Nicholson, N. Sankey Gaither, and M. Z Gaither Mrs, de C. Mowbray So ee I i I I I i 1 | —_ VOLUNTARY NON-SUIT iened iverett: Workman This cause coming on to be heard, and being heard before the unders’é motion of Rayner Clerk of Superior Court of Iredell County, North Carolina, upon the This cause coming on to be heard and it appearing to the Court that the defend- suit 12 & Raymer, attorneys for the plaintiff, to be allowed to take a voluntary non-8 int was not served by process in this action, and that the plaintiff desires to take @ the above entitled action; and, “ltntary non=suit: nerei® It appearing to the Court that all matters set forth in the compleint It is therefore, ordered and adjudged by the Court that this cause be, and the t of non Sane or is hereby non-suited, and the plaintiff is taxed with the costs. C. G. Smith Clerk Superior Court, Iredell County North Carolina Fatt td tt tial have been compromised and settled and that the plaintiff desires & Jud suit to be entered in this cause: This September 2nd, 190. 364 365 BF ir by, North Carolina In the Superior Court and Pe Ce Cocke, Sr- and P. C. Cocke, Jr., attorneys for the defendant, and after i 1 re se considering same the court is of the opinion that the defemdant has a meritorious i I Endicott Johnson Corporation defense, md that the defendant's failure to file an answer in this cause was excusable 4 ’ Vs Judgment neglects ae W. C. Rito 4 It is, therefore, ORDERED and ADJUDGED that the motion to vacate and to set i: i aside the judgment heretofore entered in this cause on the l2th day of Aug, 190, as \ , i This cause coming on to be heard before the undersigned Clerk of the Sppertoy yell a8 the final judgment entered in this cause be and the same is hereby allowed, ‘ i Court on this Monday, the 1\th day of October, 190, and it appearing to the Court snd said judgments are hereby ordered vacated and set aside and the execution on same fi, a that this action was instituted on the 10th day of September, 190, at which time \s hereby ordered stayed. iy 8 plaintiff filed its verified complaint which was served on the defendant On said day, It is further ORDEMED that a certified copy of this order be transmitted by q te ee ee ee hapoed sins ty this court to the Clerk of the Superior Court of Iredell County and to the Sheriff of i ‘. service of the summons and complaint upon the defendant and the defendant has failed Iredell County, and it is further ORDERED that the defendant in this cause have and | 7 a So ee er ee a be given until the 23rd day of October, 194.0 in which to file answer to the complaint o bis, It further appears to the Court that the plaintiff's cause of action is for in this action. Ma if merchandise sold and delivered in the amount of $304.28, with interest from June lit, This lth day of October, 19)0. a . 1940, until paid; that plaintiff is entitled to judgment by default azainst the J eT oe tack defendant. eit ai it is therefore ordered, adjudged and decreed that the plaintiff recover of acta tt | the defendant judgment in the amount of $40.28 with interest from June lst, 190, fapity Olerke. re and for the cost of this action. C. G. Smith . Sleric Sapertor Court. ttt ttm timation iim oat tier oan mate betaine tite leit te die te dtm nditnattmnitmniperntteonttmnttmntier . . / ; | i tt te ae ae Se ap tte tp nde nie lpn eibeebredieebibonnterncteetenatmetierectteeltemetiemiemeienctiemntimatieationtt” NORTH CAROLINA IN THE SUPERIOR COURT | IREDELL COUNTY BEFORE THE CLERK | STATE OF NORTH CAROLINA, ae 9 — IN GENERAL COUNTY COURT -— pheseneee COUNTY OF BUNCOMBE. Vs. ; ) JUDGMENT ‘ MENT Jack Joyner A. G. HIGGINS, ORDER TO SET ASIDE AND VACATE JUDG : Defend Plaintiff ——— HERETOFORE ENTERED AND TO CERTIFY ORDER -VSe- ORDER TO THE SUPERIOR COURT OF IREDELL G. & M. MOTORS TRANSFER Upon motion of Horace Kennedy, Attorney for Plaintiff, the above-entitled CO., INC. z 2F OF IREDELL Coummt : , Defendant COUNEY AND TO THE SHERI tction 1s hereby dismissed and the plaintiff is taxed with the costs of same This 28 . day of October, 190 C. Ge Smith cause Motion having been made by defendant's counsel in the above entitled Clerk of Superior Court ne 12th to set aside and to vacate the judgment heretofore entered in this cause 0 : to stéy day of Aug., 1940, as well as the final judgment entered in this cause, 4m 108 i execution on said judgment, and notice of said judgment and other technicall tatters AE appeér having been waived by J. Scroop Styles, attorney Gor the plaintiff, 68 will sppe nsidered and +? by a stipulation in the records in this cause, and the court having ©° affidavits offered in support of the said motion to vacate and to set aside d roof # stay execution on said judgment, and after considering other satisfactory P aintiff, evidence and after hearing argument by J. Scroop *tyles, attorney for the pl IN THE SUPERIOR COURT FIRST WEEK - NOVEMBER TERM 19)0 367 MONDAY, November , 190 366 NORTH CAROLINA In the Superior Court yorta CAROLINA, IN THE SUPERIOR COURT, rREUBLL COUNTY. NOVEMBER TERM, 190 IREDELL COUNTY Re. L. Murdock, Trading as the Custom Chair Company This Honorable Court convenes on Monday, November 4th, 1940 at 10:00 o'clock St ee ee > ee Vs. JUDGMENT BY DEFAULT FINAL ie by Je W. Moore, High Sheriff of Iredell County, and the Court was recessed until J. W. Cashion, Trading as the yeanesday, November 6th, 1940 at 10:00 o'clock A.M. Yadkin Furniture Company This cause coming on to be heard before the undersigned Clerk of the Super: NORTH CAROLINA, Lor fies Court of Iredell County on Monday, October 28, 190, upon the verified complaint o IREDELL COUNTY. t U the plaintiff, and it appearing to the Yourt that the summons herein and a Copy of t Be it remembered that a Court Superior Court was begun and held in and for said complaint were duly served upon the defendant on September 13, 190; the County and State aforesaid at the Courthouse in Statesville, N. C. on the 6th And it further appearing to the Court that this action is insti bated for ti day of November, 1940, at 10:00 o'clock A.M., when and where His Honor, H. Hoyle recovery upon a stated account for goods sold and delivered to the def ——- Sink, Judge Presiding in the Fifteentg Judicial District,of the State of North plaintiff as expressly ordered by the defendant for which the defendant a reed to my . “s Carolina, Fall Term, 1940, is present and presiding, and the Honorable Charles L. the price listed and shown in the complaint in the amount of $26.00, togethe m-00, tag _— Coggin, Solicitor and Prosecuting Attomey for the Fifteenth Juiicial District, is interest thereon at the rate of 6% per annum from May 20, 190, until paid; present and prosecuting in the name of the State, and John W. Moore, High Sheriff And it further appearing to the Court that the defendant has not filed answer of Iredell County is present and opened Court by order of the Court. within the time allowed by law, and the plaintiff is entitled to judgment by default John W. Moore, High Sheriff of Iredell County, returns into open Court the final for the principal sum as stated and interest, nmmes of the following good and lawful men to serve as jurors for this the First It is therefore ordered, adjudged and decreed that the plaintiff recover of ' Week of the November Term, 19,0, Iredell Superior Court, to-wit: the defendant the sum of $264.00 with interest thereon at the rate of 6% per amm J. Le Reid -Zeb. Nicholson vRoy F. Denny F. E. Cass from May 20, 190, until paid, together with all cost of this action to be taxed by 'C. BE. Patterson W. A. White Fred P. Morrison Re A. Edwards the clerk. ‘Tate C. Webb C. J. Hendren Glenn Stevenson Paul M. Davis This October 28, 190. C. G. Smith Gordon Wallace Joe A. Cashion J. T. Lewis H. C. King C Sup rior Court. lerk Sup J. Be Carrigan Floyd B. Smith P. H. Hicks Lincoln Moore 0 J. MeCoy A. C. Brotherton 2B. C. Holland R. M. Drum Tate C. Webb, excused by the Court. SNH ee AN A AR a A Ae ae ae ede tiene ae a a a a ate Oe C. E. Patterson excused on Doctor's certificate. Roy F. Denny, Called and Failed. It is judgment of the Court that Instanter Process issue for Roy F. Denny and that he be fined $10.00 and the cost. ( H. E. White, Deputy Sheriff, sworn as Officer to the Granf Jury. sate } A.W.D.W. With Intent to Kill. lee PF . * Blevins Alias Instanter Capias. Yo, tate or COMPLIANCE. a M. Lippard } Continued under former orders. Yo, sate. ston ) COMPLIANCE. ual Hiatt Continued under former orders. ( Yo, State ss. NON COMPLIANCE WITH COURT ORDERS. rt Hunt ) Alias Instanter Capias. 368 No. 69 State -vs- Thomas Wn. No. 73 State -vs-= G. S. Washburn No. 80 State -vs- Andy Moose No. 92 State -vs- Glenn Privette Noe 95 State -vs- Jimmie Campbell Noe 102 State «vse Mary McDonald Noe 103 State -vs- Re P. Wilhelm No. 105 State -vse Felton Daiton No. 130 State -vs-e Charlie Daniel No. 131 State -vs- Eugene Johnson No. 142 State <-vs- Howard Pruette No. 143 State -vs- Hubert Sherrill No. 155 State -vs- S. B. Johnson No. 174 State -vs- Archie Seagraves No. 175 State <-vs- Archie Seagraves Chandler 2]<— <— —_—<—_ <-> o€o— oo ><> o<— — os —_ oS = <_< <> oS IN THE SUPERIOR COURT FIRST WEEK - NOVEMBER TERM 19,0 WEDNESDAY, NOVEMBER 6, 190 NON COMPLIANCE WITH COURT ORDERS. } Alias Instanter Capias. NON COMPLIANCE WITH COURT ORDERS. Alias Instanter Capias. COMPLIANCE Continued under former orders, NON COMPLIANCE WITH COURT ORDERS. Alias Instanter Capias. NON COMPLIANCE WITH COURT ORDERS. Alias Instanter Capias. DISTURBING RELIGIOUS WORSHIP. Continued under former orders. COMPLIANCE. Continued under former orders. COMPLIANCE. Continued under former orders. C OMPLIANCE. Continued under former orders, COMPLIANCE. Continued under former orders. COMPLIANCE. Continued under former orders. ORDER: fendant It was called to the attention of this Court that the de for a while failed to make the payments for the suppor’ . appear minor child as ordered in the jucgwent inv his case @ is conth that he is now complying with said jw gment this case - under former orders on condition he complies with tems of 8 judgment. COMPLIANCE. Continued under former orders. NON COMPLIANCE WITH COURT ORDERS. ¢ ci Fa Defendant Called and Failed. Judgment Nisi, Instenter § Instanter Capias. NON COMPLIANCE WITH COURT ORDERS. ce” Defendant Called and Failed. Judgment Nisi, Instanter 5° Instanter Capias. yo. 188 state -V8- Donald Troutman No» 194 tate @VS- / NO» A oe" canst Gibson / No. 199 State <VS- Paul Beaver v Noe 200 State -V8- Defitt McCurry No. 203 State -vs- Yack Bustle ( oe 205 State -vV8s- Frank W. Long { No, 216 State -vs- Eugene Gray Woe 239 State -vs- Shirley Huffman ¥ Yo. 2h0 State “VS- Artell Nanny / Hoe 255 State -VS@- Paul Freeze No. 256 State -Va- ’aden M. Thompson v No, 260 State «vg. i. B. Brookshire Y Ho, 266 State “V8- % Bill Bell No, 2 State ep - “trl B, Wallace State -Va~ Yon Vy, Bodenhammer a lS—_— <— SS 2S —S <> —_—><—< =< —_>——S> <> >_> <— ee <> -<>=<> elie <a IN THE SUPERIOR COURT FIRST WEEK - NOVEMBER TERM 190 WEDNESDAY, NOVEMBER 6, 190 369 NON COMPLIANCE WITH COURT ORDERS IN REGARDS TO PAYMENT oF cost. Continued until November Team, 191 for cost. NON COMPLIANCE WITH COURT ONDERS IN REGARDS TO PAYMENT oF cost. Continued until November Term, 191 for cost. COMPLIANCE. Continued under former orders, COMPLIANCE WITH COURT ORDERS. Continued under former orders. BREAKING, ENTERING & LARCENY. Nol Prosed With Leave. ABANDONMENT & NON SUPPORT OF HIS ILIZEGITIIATE CHILD. Alias Instanter Capias. FORGERY. Alias Instanter Capias. POSSESS UNTAXPAID LIQUOR FOR SALE AND DID SELL. Continued until January Term, 191. COMPLIANCE. Continued under former orders, COMPLIANCE. Continued under former orders. LARCENY. Nol Prosed With Leave. LARCENY. Nol Prosed With Leave. OPERATING AUTOMOBILE WHILE HIS OPERATORS LICENSE IS REVOKED. Alias Instanter Caplias. FORCIBLE TRESPASS. Nol Prosed With Leave. OPERATE AUTOMDBILE WHILE !S OPERATORS LICENSE IS REVOKED. Continued under former orders. ATTEMPTED FORGERY. Prayer for judgment is continued for a period of Five Years on condition of the defendant's good behavior. Reena. Senne eee ano . — SOR ee SOO Satan 5 ai Se = * IN THE SUPERIOR COURT FIRST WEEK * NOVEMBER TERM 190 WEDNESDAY, NOVEMBET 6, 190 IN THE SUPERIOR COURT FIRST WEEK - NOVEMBER TERM 190 WEDNESDAY, NOVEMBER 6, 190 No. 287 J} ATTEMPTED FORGERY. [ State -vs- so. 338 ASSAULT SI2E TOADEY WEAPON, John V. Bodenhammer ) Prayer for judgnent is continued for a peri yo ar The defendant pleads Not Guilty. on condition of the defendants good wee, Of Five Yeans po presence ) The following jury: J. L. Reid, Gordon Wallace, J. B. Carrigan, Fred P. Morrison, Zeb. Nicholson, W. A. White, c. J. H 0° Ae « Je Hendren, / Lincoln Moore, R. M- Drum, Joe A. Cashion, Floyd B. Smith, and No. 288 AID AND ABET IN ROBBERY. A. C. Brothergon, being duly sworn and empanel Tithe athe verdict of NOT GUILTY. eeees Severe 6 May Glover ) Continued until the January Term, 19D. / { flor 312 LARCENY & RECEIVING. No. 289 } AID AND ABET IN ROBBERY. state “V8~ State -vs- Jones Foster ) A TRUE BILL. Mattie Young Continued until the January Term, 191, . { oe 313 LARCENY & RECEIVING. Nos 290 ) ROBBERY. state -V8~ State -vs- gam Fitzgerald A TRUE BILL. Gus Borders } Continued until the January Term, 19}1. / H0. 31h LARCENY & RECEIVING. No. 291 } LARCENY OF AUTOMOBILE. State -V8- State -vs- Howard Baker A TRUE BILL. Re bi James T. Wilkinson Continued under former orders, - at Yo. 312 ABANDONMENT & NON S'PPORT OF HIS MINOR CHILD. a i \ No. 292 } TRANSPORT & POSSESS DNTAXPAID LIQUOR . State -v8- Nit (it Seat ats : sairacinalaomas Hubert Sherrill } Nol Prosed With Leave. | 4 Paul Dewey White Continued for defendant wtil January Tem, 191. / ’ i Yo. 336 ) BREAKING, ENTERING & LARCENY. Noe 307 } OPERATING MOTOR VEHICLE WHILE DRUNK. State -vs- } State «vs- The defendant, through his attorney, John A. Scott, pleads lewis Coggins ) NOT A TRUE BILL. Cleve C. Holland Guilty. { It is judgment of the Court that the defendant be confined in the common jail of Iredell County for a term of FOUR MONTHS and be assigned to work on the roads under the supervision of State -vs- the State Highway and Public Works Commission, and pay 4 fine Yood R. Johnston of $75.00 and the cost, and not operate a motor vehicle fors y period of Twelve Months. Capias to issue for enforcement of Hoe 337 BREAKING, ENTERING & IARCENY. NOT A TRUE BILL. Major Foote No. 325 State -vs- Cecil Mayhew Continued until the January Term, 191. FORGERY. A TRUE BILL. ( No. 32) State -vg- Jess Johnson Yv the road sentence at any time within two years from the Hoe 321 ) LARCENY & RECEIVING. i convening of this Court in the discretion of the Court. it ieee aia aii = 32h OBTAIN MONEY UNDER FALSE PRETENSE. : 335 + nenanees. memere & Lancy ate <vs- ' ” , TY. P. 0. Claypool i . State -vs~ The defendant pleads Not Guilty. ” a a Peter Richard Vanderburg } The following jury: J. L. Reid, Glenn Stevenson, J. T. Lewis, P. H. Hicks, B. C. Holland, F. E. wee te - ‘ ' Noe 310 ASSAULT WITH DEADLY ¥ Te Edwards, Paul M. Davis, H. C. King, Gordon Wallace, J. Bb. state lp . a ee Carri can and Fred P. Morrison, being duly swom and empanelled, retums a verdict of NOT GUILTY. LARCENY & RECEIVING. Defendant Called and Failed. Judgment Nisi, Instanter Sci Fa and Instanter Capias. Noe 325 ) FORGERY Yo e . a QU R E. State <vs- The defendant pleads Guilty. 29 } TRANSPORTING & POSSESSING UNTAXPAID LIQUOR FOR SAL Cecil Mayhew P y onfined 13 State -vs. The defendent, through his attorney, Zeb. Vv. Long, Jr., pleads No. 298 State -vs- Roy Coggins No. 299 State -vs- Clerg Robenett It is judgment of the Court that the defendant be confite, (i. The States Central Prison, at haleigh, for a period Labor. THAN FIFTEEN MONTHS NOR MORE THAN TWO YEARS, at herd ASSAULT WITH DEADLY WEAPON. Prayer for judgment is continued indefinitely. ASSAULT WITH DEADLY WEAPON. Defendant @alled and Failed. Judgnent Nisi Ins tanter Instanter Capias. got Fs lee Roy Willians ) Guilty. ON CHARGE OF TRANSPORTING # It is judgment of the Court that the defendant be confined in the common jail of Iredell County for a period of FOUR MONTHS and be assiged to work on — roads under the supervision of the State Highway and Public Works Commission, and pay the cost, ON CHARGE OF POSSESSING UNTAXPAID LIQ OR FOR SAIE - It is judgment of the Court that the defendant be confines, 1. a. common jail of Iredell County for @ period of TWEL Pro and be assigned to work on the roads under the ere “ a of the State Highway and Public Works Commi ssion. ots oe issue at any time within three years, in the discre this Court, to put the road sentence into effect. work the defendant around No. 317 ) BREAKING, ENTERING & LARCENY. The High Sheriff of Iredell County may State -vs- { : the County Jail or other County premises Sor ne eer ee Arthur T. Adams | A TRUE BILL. sentence imposed on charge of Transporting, "le 0.1 be however, if the defendant is not satisfactory stisfactory sent on to the roads at any time he becomes unsa No. 335 without further orders of this court. State -vs- Peter R. Vanderburg } | BREAKING, ENTERING & LARCENY. ( A TRWE BILL. No. 318 State -vs- Arthur T. Adams No. 319 State -vs- Arthur T. Adams Noe 420 State -vs-e Arthur T. Adams Noe 318 State -vs- Arthur T. Adams Noe 319 etate -vVse Arthur T. Adams No. 420 State -vs- Arthur T. Adams Noe 317 State -vs- Arthur Thomas Adams No. 430 State -vs- B. P. Davis No. 331 State -vs-e Be. P. Davis No. 400 State -vs- George Lowe No. 428 State -vs- Robert Swaim NO. 429 State -vs- Charles Fisher No. 30 State -vs- Herman Hellyard No. 303 State -vs- Andrew Clark IN THE SUPERIOR COURT FIRST WEEK - NOVEMBER TERM 190 WEDNESDAY, NOVEMBER 6, 19)0 BREAKING, ENTERING & IARCENY,. Ho. 32 tate -V8~ raratl potts A TRUE BILL. BREAKING, ENTERING & LARCENY. SS A TRUE BILL. BREAKING, ENTERING & LA RGENY. A TRUE BILL. BREAKING, ENTERING & LARCENY. Nol Prosed With Leave. BREAKING, ENTERING & LARCENY. Nol Prosed With Leave. BREAKING, ENTERING & LARCENY. Nol Prosed With Leave. ) BREAKING, ENTERING & LARCENY. ) The defendant pleads Not Guilty. } The following jury: Zeb. Nicholson, W. A. White, C. J. Hendren, Léncoln Moore, R. M. Drum, Joe A. Cashion, Floyd B. Smith, QO. Je McCoy, J. T. Lewis, P. He Hicks and B. C. Holland, beix duly sworn and empanelled returns a verdict of GUILTY AS CHMOD. ON CHARGE OF LARCENY - It is judgment of the Court that the defendant be confined in States Central Prison at Raleigh for a period of NOT BLESS THAN FIVE YEARS NOR MORE THAN TEN YEARS at hard labor. ON CHARGE OF BREAKING & ENTERING - Prayer for judgment 1s contin for Five Years on good behavior. INCEST. los 339 State «vg- Charles William Hall A TRUE BILL. } INCEST. A TRUE BILL. BREAKING, ENTERING & LARCENY. The defendant pleads Not Suilty. Carri ga” The following jury: J. L. Reid, Gordon Wallace, Je “ “18, & Fred P. Morrison, F. E. Cass, R. A. Edwards, Paul . . r, C. King, A. C. Brotherton, B. C. Howard, W. C- Pie e ee aot of Gill, being duly swom and empanelled, returns ® ve NOT GUILTY. BREAKING, ENTERING & LARCENY. <_< <> A TRUE BILL. BREAKING, ENTERING & LARCENY. A TRUE BILL. BREAKING, ENTERING & LARCENY. A TRUE BILL. } A.W.D.W. i Continued until January Term, 191 for compliance with the J ment in this case, FIRST WEEK - NOVEMBER TERM 19,0 IN THE SUPERIOR COURT 373 WEDNESDAY, NOVEMBER 6, 190 | MURDER. ) on this the 6th day of November, A.p 19.0 -D. Iredell Superior Court, the Grand Jury, composed of Sixteen Meubans return into open Court a Bill of Indictment, signed by P. $ Boyd, Foreman‘of said Grand Jury, charging the defendant, ; Monroe Potts with the capital offense of and figures as follows: 6 of MURDER, in words "STATE OF NORTH CAROLINA SUPERI 0 IREDELL COUNTY. aes NOVEMBER TERM, 19.0 THE JURORS FOR THE STATE UPON THEIR OATH PRESENT: Potts, late of the County of Iredell, on the ooth a September, A.D., 1940, with force and arms, at and in the said County, unlawfully, willfully, felontously, and of his malice aforethought, did kill and murder Oliver Shuford contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State. : Coggin Sole tor STATS vs Monroe Potts ~~ TNDICTMENT MURDER "No. 327 WITNESS Beatrice Potts X Annie Potts Shuford Odell Caldwell Xx Je S. Nesbit W. T. Wilson Those marked X sworn by the under- signed foreman, and examined before the Grand Jury, and this bill found A TRUE BILL P. S. Boyd Foreman of the Grand Jury " ) MURDER. On this the 6th day of November, A.D., 190, Iredell County Superior Court, the Grand Jury, composed of Sixteen Members return into open Court a Bill of Indictment, signed by P. S. Boyd, Foreman of SALD GRAND JURY, charging the defendant, Charles William Hall, with the capital offense of MURDER, in words and figures as follows: SUPERIOR COURT "STATE OF NORTH CAROLINA NOVEMBER TERM, 190 IREDELL COUNTY THE JURORS FOR THE STATE UPON THEIR OATH PRESENT: That Charles William Hell late of the County of *redell, on the 20th day of October, A.D., 190, with force and arms, at and in the said . County, unlawfully, feloniously, and of his malice aforethought, did kill and murder Katherine Thomas Hall contrary to the form of the statute in such case made and provided, and against the eace and dignity of the State. . . . Charles L. Coggin Solicitor a STATE vs Charles William Hall MURDER X Henry Henkel J. I. Thomas Ed. Daniels S. C. McCrary xX R. M. +hompson Herbert Hawthorne . Ed. Stockton X Sandy Dalton Ww. S. Thomas No. 339 State -vs- Charles Wm. Hall No. 440 State «vs- Be Pe Davis No. 45431 State -vse Be Pe Davis No. 328 State -vs- Robert Swaim Noe 429 State -vs- Charles Fisher Noe 432 State -vs- lom McKee IN THE SUPERIOR COURT FIRST WEEK - NOVEMBER TERM 190 WEDNESDAY, NOVEMBER 6, 190 ) MURDER. ) (continued from preceeding page) Those marked X sworn b Signed foreman, and dadienn = 8 Grand Jury, and this bill row the A TRUE BILL, P. 8. coy oreman o e@ Grand Jury " } INCEST. ) The defendant, through his attormey, J. H. Burke, pleads j Guilty, Upon the defendants plea of Guilt udgment o ; the defendant be confined in §S site ete af alesis, 2 tt Carolina and be immediately eWamined by a psychologist under th States Prison Authority and assigned to do such labor as the ; said examination may warrant for a periai of NOT LESS THY THELTE YEARS NOR MORE THAN FIFTEEN YEARS. INCEST. { Nol Prosed With Leave. ) BREAKING, ENTERING & LARCENY. The defendant pleads Guilty, ON CHARGE OF BREAKING & ENTERING - It is judgment of the Court that the defendant be confined in the common jail of Iredell County for a period of FOUR MONTHS and be assigned to work on the roads under the supervision of the State Highway and Public Works Commission as provided by lew. ON CHARGE OF LARCENY - It is judgment of the Court that the defendant be confined in States Prison at Raleigh, North Camis for a period of NOT LESS THAN TWO YEARS NOR MORE THAN FIVE YAS at hard labor. Capias to issue at any time within five years, in the discretion of this Court, to put the prison sentence int effect. BREAKING, ENTERING & LARCENY. esis The defendant, through his attorney, John R. McLaughlin, plee Guilty. ol] — ON CHARGE OF BREAKING & ENTERING - The defendant is placed » probation under the North Carolina Probation Commission for period of Two Years on condition he pays a fine of $50.00 the entire cost of this case. ON CHARGE OF LARCENY - It 1s judgment of the Court that in ols defendant be confined in States Prison at Releig, ge yeais for a period of NOT LESS THAN TWO YEARS NOR MORE THAN F eart at hard labob. Capias to issue at any time within — oe {nto ane discretion of this Court, to put the prison sen effect. BREAKING, ENTERING & LARCENY. The defendant pleads Not Guilty. The following jury: J. L. Reid, Gordon Wallace, J- er i Fred P. Morrison, F. BE. Cass, Re Ae Edwards, Paul Me and He * C. King, A. C. Brotherton, B. C. Howard, W. C. Pierce Gill, being duly sworn and empanelled, renders & V® GUILTY as charged. oa -— ON CHARGE OF LARCENY - It is‘ judgment of the ty for defendant be confined in the eo jail of Iredell Cots ut & period of NINETY DAYS and be assigned to work Works Commis! the supervision of the State Highway and Public "0 a8 provided by law. t ON CHARGE OF BREAKING & ENTERING. Prayer for judgmen enerél tinued for two years on condition of the defend good behavior, IN THE SUPERIOR COURT FIRST WEEK -- NOVEMBER TERM, 190 345 WEDNESDAY, NOVEMBER 6, 190 . ) BREAKING, ENTERING & LARCENY, we The defendant pleads Not Guilty. 5 ” The following jury: J. L. Reid, Gora wile ; ordon Wallace, J. B. Walter Brawley Fred P. Morrison, F. E. Cass, R. A. Edwards, Paul M. mien C. King, A. C. Brotherton, B. C. Howard, W. C. Pierce and H, A. Gill, being duly sworn and empanelled, rende GUILTY as charged. : rs & verdict of ON CHARGE OF LARCENY - It is judgment of the Court that the defendant be confined in the common jail of Iredell County for a . asp emg and be assigned to work on the roads under supervision of the State Highway and Public W Commission as provided by law. ' — ON CHARGE OF BREAKING & ENTERING - Prayer for judgment is con- tinued for two years on condition of the defendant's general good behavior. ( No» 33h, State -vVS- Waddell Brown BREAKING, ENTERING & LARCENY. ee through his attorney, John G. Lewis, pleads Not Guilty. the following jury: J. L. Reid, Gordon Wallace, J. B. Carrigan, Fred P. Morrison, F. E. Cass, Ro A. Edwards, Paul M. Davis, H. C. King, A. C. Brotherton, B. C. Howard, W. C. Pierce and H. Ae Gill, being duly sworn and empanelled, renders a verdict of GUILTY as charged. >< <> ON CHARGE OF LARCENY - It is judgment of the Court that the defendant be confined in the common jail of Iredell County for a period of NINETY DAYS and be assigned to work on the roads under the supervision of the State Highway and Public Works Commission as provided by law. tinued for two years on condition of the defendant's general good behavior. ( Yo 340 ) BREAKING, ENTERING & LARCENY, State -vs- ) The defendant pleads Not “uilty. Herman Hellyard ) The following jury: Zeb. Nicholson, W. A. White, C. J. Hendren, Lincoln Moore, R. M- Drum, Joe A. Cashion, Floyd B. Smith, 0. J. McCoy, Glenn Stegenson, J. T. Lewis, P. H. Hicks and 3B. C. Holland, being duly sworn and empanelled, returns a verdict of GUILTY as charged. It is judgment of the Court that the defendant be confined in the common jail of Iredell County for a period of TWELVE MONTHS and be assigned to work on the roads under the supervision of the State Highway and Public Works Commission, as provided by law. AORH CAROLINA , IN THE SUPERIOR COURT, ‘ "EDELL COUNTY. NOVEMBER TERM, 190 State ' vs ER Brooks Stewart er "OR i, Wilson, Esq., Warden of the State's Prison, Raleigh, N. ©. You are hereby directed to tum over to the High Sheriff of Iredell County beets authorized dopaty the person of Al Hartline, a prisoner in your ee = i. nent to Iredell County Superior Court, now in session, to testify as @ w t he above-entitled case, H. Hoyle Sink udge res ng This Honorable Court takes recess until Thursday Morning, November 7th, 190 at 9330 o Clock, 376 IN THE SUPERIOR COURT FIRST WEEK - NOVEMBER TERM, 190 THURSDAY, NOVEMBER 7, 190 This Honorable Court convenes according to adjournment on Thursday Mo aing, November 7th, 19,0 at 9:30 o'clock A.M.. No. 322 State -vs- Parks E. Johnson No. 525 State «vse Parks E. Johnson No. 315 State -vs- Brooks Stewart No. 316 State -vs- Brooks Stewart Noe 327 State -vs- Momroe Potts No. 539 State -vs- Charles Wm. Hall Noe 269 State -vs- Edgar Moore No. 321 State -vs- Jess Johnson ) —o=——_—_ oS FORGERY. the defendant, through his attorney, John a. Guilty. : — pleads It is the judgment of the Court that the defendant be” in States Prison at Releigh for a period of Nor LEss omen YEARS NOR MORE THAN FIVE YEARS and be assigned to do s oo as he may be physically able to perform. ~ UCh Labor FORGERY. The defendant, through his attorney, John G. Lewi Guilty. 8, pleads This case is consolidated with Case No. 322 for judgment, BREAKING, ENTERING & LARCENY. A TRUE BILL. BREAKING, ENTERING & LARCENY. A TRUE BILL. MURDER. The defendant tenders a plea of GUILTY OF MANSLAUGHTER, which plea the State accepts and waives the right to try said defenis for the Capital offense of Murder, or Second Degree Murer. Upon the defendant's plea of GUILTY OF MANSLAUGHTER it is the judgment of the Court that the defendant be confined in the States Prison, at Raleigh, North Carolina for a period of lM LESS THAN ONE YEAR NOR MORE THAN THREE YEARS, at hard labor. It is ordered that the shot gun be confiscated and destroyed by the Sheriff. MURDER. tenders The defendant, through his attorney, John R- McLaughlin, om a plea of GUILTY OF SECOND DEGREE MURDER, which eee oat accepts and waives the right to try said defendant for the Ué offense of Murder in the First Degree. It is the judgment of the Court that the defend od of Ht the States Prison at Ra eigh, North Carolina for & Ps at har LESS THAN TWENTY YEARS NOR MORE THAN TWENTY-FIVE YEARS, labor. d oy It is ordered that the pistol be confiscated and destroy® the Sheriff. | DRIVING DRUNK. Instanter 604 fe Defendant Called andFailed. Judgment Nisi, and Instanter Capias. LARCENY & RECEIVING. and It is ordered that the judgment Nisi, Instanter . ertoke Instanter Capias heretofore entered in this ye yntil the out and this case is continued for the defenden January Term, 191. Hoe 308 state @-vVs- Bud Beckham NOo 309 state -VS~ Bud Beckham No. 312 State -vs- James Foster No, 313 State -vg- Sam Fitzgerald No, 31h State “Va< toward Baker ¥ lo, “Aford Sherri 13 —<_<-< IN THE SUPERIOR Cour? FIRST WEEK - NOVEMBER TERM 190 THURSDAY, NOVEMBER 7, 190. OPERATING A MOTOR VEHICLE WHILE HTS OPER ' The defendant, through his attomey ag Guilty. F S LICENSE IS REVOKED Zeb. V. Long, Jr., pleads Prayer for judgment is continued for the defendant remains of general ¢ law, and on further condition that defendant shall a motor vehicle for a period of Twelve Months, ea the expiration of the present revocation date. Five Years on condition ood behavior and violates no PERJURY. The defendant, through his attomey, Zeb. V. Not Guilty. Long, Jr., pleads The following jury: J. L. Reid, Gordon Wallace, J. B. Carrigan Fred P. Morrison, F. E. Cass, R. A. Edwards, Paul M. Datis, i. C. King, A. C. Brotherton, B. C. Howard, WW. C. Pierce and Hi. Gill, were duly swom and empanelled. ? nd He Ae At the close of the *tate's evidence the defendant, through his attorney, withdraws his plea of Not Guilty and tenders a plea of NOLO CONTENDERE, with the approval of the Court. It is the judgment of the Court that the defendant be confined in the States Prison at Raleigh for a period of NOT LESS THAN ONE YEAR NOR MORE THAN FIVE YEARS, et hard labor. LARCENY & RECEIVING. The defendant, through his attorney, John G. Lewis, pleads Guilty of RECEIVING STOLEN GOODS KNOWING SAME TO HAVE BEEN STOLEN, which plea the State accepts. It is the judgment of the Court that the defendant be confined in the States Prison at Raleigh for a period of NOT LESS THAN ONE YEAR NOR MORE THAN FIVE YEARS, at herd labor, and pay the cost of this action, or his pro-rata part thereof, and his pro-rata part of the sum of $51.00 for the use and benefit of Albert Harkey, the Prosecuting witness. Capias to issue at any time within Five Years from the date of the convening of this Court, in the discretion of this Court, if the defendant violates any law or is not of general good behavior. LARCENY & RECEIVING. The defendant, through his attorney, John G. Lewis, pleads Guilty of RECEIVING STOLEN GOODS KNOWING SAME TO HAVE BEEN STOLEN, which plea the State accpets. It is thejuignent of the Court that the defendant be confined in the States ‘rison at Raleigh for a period of NOT LESS THAN ONE YEAR NOR MORE THAN FIVE YEARS, at hard labor, and pay the cost of this action, or his pro-rata part thereof, and his pro-rata part of the sum of $51.00 for the use and benefit of Albert Harkey, the prosecuting witness. Capias to issue at any time within Five Years from the date of the convening of this Court, in the discretion of this Court, if the defendant violates any law or is not of general good behavior. LARCENY & RECEIVING, The defendant tenders a plea of guilty of RECEIVING oe, GOODS KNOWING SAME TO HAVE BEEN STOLEN, which plea the State accepts. It is th dement of the Court that the defendant be confined in the states trisce at Raleigh for a period of NOT LESS THAN ONE YEAR NOR MORE THAN FIVE YEARS, at hard labor, and pay ae cost of this action, or his pro-rata part thereof, - ys p rata part of the sum of $51.00 for the use and benefit o hl Albert Harkey, the prosecuting witness. Capias to home *. any time within Five Years from the date of the + one this Court, in the discretion of this Court, if the de violates any law or is not of general good behavior, ' B. E. & L. Continued until January Tern, SERVICE of sentence imposed in this 1641 for defendant to commence case at August Term, 19,0. IN THE SUPERIOR COURT FIRST WEEK - NOVEMBER TERM, 190 THURSDAY, NOVEMBER 7, 190 No. 315 State -vs- Brooks Stewart BREAKING, ENTERING & LARCENY. Nol Prosed With Leave. Noe 316 State «vse Brooks Stewart BREAKING, ENTERING & LARCENY. Nol Prosed With Leave. No. 251 } POSSESSING UNTAXPAID LIQUOR FOR SALE. State -vs- { Yates White ) Continued until January term, 192. Noe 252 POSSESSING UNTAXPAID LIQUOR FOR SALE. State «vse Yates ‘white Continued until January Term, 191. No. 205 State -vs- Frank W. Long JUDGMENT ABSOLUTE ON BOND. It is ordered that judgment Final be and same is made absolute on the bond in this case against Frank W. Long, as principal and L. A. Little, es surety for the principal sum of $200,00 together with all cost in connection with the forfeiture, No. 216 State -vse Eugene Gray ORDER. <—_—-—<— It is ordered that judgment Final be and same is made absolute on the bond in this case against Eugene Gray, as principal ani E. J. Jones and J. C. Miller as sureties, for the principal sm of $150.00 together with all cost in connection with said forfeiture and judgment absolute, but it is ordered that said judgment absolute be discharged upoh payment of the cost. No. 326 ) MANSLAUGHTER. si State -vs- Defendant's presence in Court is waived by his attorney, Zed ' Brenezer Cross Long, dr. It is ordered that the defendant leave his operator's license with the Clerk Superior Court of Iredell County and shall refrain from operating a motor vehicle until the final term- nation of this case. This case is continued by consent, without prejudice to either the State or defendant, until the January Tem, 191. REPORT OF THE GRAND JURY The Grand Jury made its investigation by committees. The Prison Camp was investigated by G. W. Garrison, Chairman, K. Me Hoovers Beis, Lundy, H. D. Howard, F. M. Spears and Rk. F. Lackey. We found 94 colored sat raised 12 guards, 1 stewart, 1 superintendent and 12 men on payroll. We found seabiehs on the prison farm were 1200 bushels sweet potatoes, 700 bushels irish » ad of hog approximately 1000 bushels corn. Also 6000 gallons canned goods and 75 he conditiom to kill this season. We found the prisoners quarters in clean and sanitary We also found a very good cannery at the Camp. ‘ ‘ Ls yo The County Home was investigated by W. 0. Poole, Chairmay, W. F. Morrison, 0 nao He. O. Montgomery and I. G. Reid. We found 25 acres of wheat, 5 acres 0 £008, and shoulders, 725 cans of good, 1 barrel of kraut, 80 bushels irish oo bushels cory bushels sweet potatoes, 7500 pounds of flour, 500 bushels of wheat, ens, hay plenty for winter, 300 pushels of oats, 2 barrels molasses, 250 ~~ muless * 5 heifers, 1 bull, 26 hogs ready to be killed, % sows, 1 male, 11 pigs, ad six golore® the County Home there are 18 white men, 17 white women, 7 colored men ent joner® there women. There are also 3 white men, colored men and 1 colored girl, P IN THE SUPERIOR COURT FIRST WEEK - NOVEMBER TERM 190 379 THURSDXY, NOVEMBER 7, 19)0 ' House and Jail affairs were investivated by the followin comm : The i, Poole, Mr. Reitzel and maf: Boyd. We found the offices tol me ta Your; condition. We called for the Younty Audit of September 11, 1940. We found re first began to investigate an account carried as an asset. This accoumt was be $5,047. 86. We found that this was a disputed account and should have been placed in the audit as & disputed account. We summoned the Ex-Clerk of Court and the present clerk of Court to find out in regard to this account. If this account is due the county it should have been collected before the bondsmen of the Ex-Clerk were released, @% We think that the Commissioners were negligent in their duty if they released the | pondsmen of & former officer without complete settlement. We also think that the Commissione:'s should not permit disputed accounts to stand on their records as assets. We feel that an Auditor should make thorough investigation of all iccounts acknowledged. The Former Officer informed us that these accounts had been denied poth to the Commissioners and the Auditor. We feel that these books should be properly audited by competent persons and all disputed accounts eliminated or collecteal span Respectfully submitted, P. S. Boyd Foreman of the Grand Jury, November Term, 190. NORTH CARQLINA, IN THE SUPERIOR COURT, IREDELL COUNTY. NOVEMBER TERM, 190. To the Board of County Commissioners of Iredell County: Gentlemen: Attached hereto is a certified copy of a report of the Grand Jury of Iredell County handed to the undersigned Court as of this date. The last paragraph of this report indicates a condition which should not exist. The Court concurs with the recommendation of the Grand Jury that the matter should be settled definitely and by competent authority. You are, therefore, direct- ed by this Court to employ an independent and competent Auditor to audit the books of Iredell County and specifically to determine the accuracy of the above-named account, disputed or otherwise, amd of any other accounts of like nature. You are further directed to institute legal proceedings, if the same be necessary, to determine “nether this account should or should not be paid to the County of Iredell. If there be other Similar accounts, then you are instructed to follow the same procedure vith respect to them. You are further directed to make report in detail of what action has been taken upon this order and upon this finding by the Grand Jury to the presiding Judge * the next criminal term of the Superior Court of Iredell County. t H. Hoyle Sink —yuage Prestaine 7 def - on A malay Morning, November llth, 190 at 10:00 o'clock. an This the 8th day of November, 190. > Thi * Honorable Court takes recess until 380 IN THE SUPERIOR COURT SECOND WEEK - NOVEMBER TERM 190 MONDAY, NOVEMBER 11, 190 NORTH CAROLINA, IN THE SUPERIOR COURT, IREDELL COUNTY. NOVEMBER TERM, 190 This Honorable Court convenes according to adjournment on Monday Morning, November llth, 1940 at 10:00 o'clock, with the Honorable s. J, Ervin, Jr, Judge Presiding by exchange with the Honorable H. Hoyle Sink by order of the Governop of North Carolina. John W. Moore, High Sheriff of Iredell Comty opens Court by order of the Court. John W. Moore, High Sheriff of Iredell County returms into open Court the names of the following good and lawful men to serve as jurors for this the Secon Week of the November Term, 1940, Iredell Superior Court, to-wit: J. C. Beaver P. A. Bryant S. C. Williams J. S. Talley Robert Evans E. C. Perry E, L. Swann G. M. Brown S. M. Moore H. L. Gilbert Je Moore Reid Ed. Welborne B. C. Robinson Je Re Stone W. V. Thomas C. V. Collins Oo. J. Sherrill J. Re Perkins C. G. Adkins C. H. Goodwin J. I. Guy E. D. Mayes Glenn Shinn H. D. Harris S. M. Moore, B. C. Robinson and P. A. Bryant excused by the Court. Glenn Shinn, not returned. The following men constitute what shall hereinafter be termed the "Divorce Jury", to-wit: Je C. Beaver J. I. Guy J. Re Stone S. C. Williams Robert Evans E. C. Perry J. R. Perkins E. L. Swann Oo. J. Sherrill H. L. Gilbert E. D. Mayes J. Moore Reid "EXECUTIVE DEPARTMENT STATE OF NORTH CAROLINA WHEREAS, The Hon. Sam J. Ervin, Jr., assigned by the Governor to hold @ d conflict Superior Court of the 7th Judicial District for the FALL Tem, 190, an the Hon. H. Hoyle Sink, assigned by law to hold the Superior Courts of the 15th of Judicial District for said FALL Term, 190, have agreed to exchange the Courts for the particular counties hereinafter named in their said respective districts said FALL Term, 190; ol ins NOW, THEREFORE, I, CLYDE R. HOEY, Governor of the State of North Car , 7e and by virtue of authority vested in me by law, do hereby consent to said exchans® ts of the d> hereby authorize the said Hon. SAM. J. ERVIN, JR. to hold the said Cour eek, beginning counties of IREDELL, one week, beginning November llth; ROWAN, one W - HOYLE 51” November 18th, in the 15th Judicial District, in lieu of the said Hon. H. ized for said FALL Term, 190; and the said Hon. H. HOYLE SINK is hereby author nning November hold the said conflict Court of the county of WAKE, two weeks, beg sn FALL 70" llth, in the 7th District, in lieu of said Hon. SAM J. ERVIN, Jr for seid 190. IN THE SUPERIOR COURT ; SECOND WEEK = NOVEMBER TERM 190 381 MONDAY, NOVEMBER 11, 190 IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the state to be affixed, this the 5th day of August, in the year of our Lord one thousand nine hundred and 0, and in the one hundred and 65th year of our American Independence. | SEAL OF THE STATE Clyde R. Hoe GREA' a Te ORTH CAROLINA. py the Governor: Hathawsy Cross rivate Secretary. T " foe 175L: } DIVORCE. B, A. Beaver } The "Divorce Jury" being duly sworn and empanelled answers the v8 ) issues submitted to it as follows: vaggie Lee Beaver } Yorth Carolina, In the Superior Court Iredell County. November Term, 190. E, A. Beaver ) ) V8. ISSUES Maggie Lee Beaver } 1. Did the plaintiff and the defendant intermarry, and are they now man and wife, as alleged in the complain? Answer: Yes. 2. Did the defendant separate from the plaintiff, and has the plaintiff and the defendant lived separate and apart for more than two years next preceeding the ‘omencement of this action as alleged in the complaint? Answer; Yes. 3. Was the plaintiff been a bonfied resident of the state of North Carolina for more than two years immediately prior to the commencement of this action as illeged in the complaint? Answer; Yes. 4. Was the separation without fault on the part of the plaintiff? Answer: Yes. North Carolina, In the Superior Court Irede]] County, November Tem, 19)0 Vs laget JUDGMENT oe So os Lee Beaver IN THE SUPERIOR COURT SECOND WEEK -- NOVEMBER TERM 190 MONDAY, NOVEMBER 11, 190 This cause coming on to be heard and being heard at this term of th e Superior Court of Iredell County, North Cirolina, before His Honor, S, 7 Ervi * e rvin, Judge Presiding, and a jury, and the jury having answered the issues submitted + 0 it by the Court in favor of the plaintiff and against the defendant, as get ‘ ou in the record ; It is therefore, ordered and adjudged by the Court that the bonds of mtr mony heretofore existing between the plaintiff and the defendant, be, and the sane are hereby dissolved, and the plaintiff is granted an absolute divorce from the defendant. S. J. Ervin, Jr. Judge Presiding Noe 1797 ) DIVORCE. Lois Young Elliott } The "Divorce Jury" being duly sworn and empanelled, answers the Vs ) issues submitted to it as follows: Frank W. Elliott NORTH CAROLINA IN THE SUPERIOR COURT IREDELL COUNTY Lois Young Elliott, Plaintiff, } 4 Vs. ) ISSUES ) Frank W. Elliott, Defendant. 4 1. Were plaintiff and defendant married as alleged in complaint? Answer: Yes. 2. Has plaintiff resided in North Carolina for a period of one yeer next preceding the filing of the complaint? Answer: Yes. 3- Have plaintiff and defendant lived separate and apart for two successivé years, as alleged in the complaint? Answer: Yes. 4. Did the separation occur without fault on the part of the plaintiff? Answer: Yes. ( Selm. Burke Glenn IN THE SUPERIOR COURT SECOND WEEK - NOVEMBER TERM, 190 383 MONDAY, NOVEMBER 11, 19,0 AROLINA NORTH C IN THE SUPERIOR C OURT [REDELL COUNTY Plaintiff ois Young Elliott, a; JUDGMENT Defendant } Frank ¥. Elliott y This cause coming on to be heard, and being heard at the November, 190, Term of Iredell County Superior Court, before his Honor Sam J. Ervin, Jr., Judge presiding over the Courts of the Fifteenth Judicial District, and a Jury, and theissues having been answered in favor of plaintiff, the issues and answers being as follows: 1. Were plaintiff and defendant married, as alleged in complaint? Answer: Yes. 2. Has plaintiff resided in North Carolina for a period of one year next preceding the filing of the complaint? Answer: Yes. 3. Have plaintiff and defendant lived separate and apart for two successive years, as alleged in the complaint? Answer: Yes. lh. Did the separation occur without fault on the part of the plaintiff? Answer: Yes. Now, Therefore, it is ordered, adjudzed and decreed that plaintiff have an absolute divorce from defendant and that the bonds of matrimony heetofore existing between the parties be, and the same are hereby, forever dissolved. S. J. Ervin, Jr. Judze Presiding FE tte Ft te tle leet oolemsediernellernetlernetinlerion atin lors alain atemii t em—teotoiin. —e—le—te fo. 1792 DIVORCE’ Selma Burke Glenn The "Divorce Jury" being duly sworn and empanelled, answers the vs issues submitted to it as follows: dein Silas Clean s submitte forth Carolina, In the Superior Court, Iredell County. November Term 19)0 Ve ISSUES <_< <x Yon Silas Glenn 1. Were the Plaintiff and Defendant married as alleged in the complaint? Answer: Yes. @. Has the plaintiff been a resident of the State of North Carolina for @ beri d of one year prior to the signing of the complaint? Answer: Yes. IN THE SUPERIOR COURT SECOND WEEK -- NOVEMBER TERM 19)0 MONDAY, NOVEMBER llth, 190 384 3. Has the Plaintiff, Selma Burke Glemn, and the Defendant, John $11 as Glenn, lived separate and apart from each other for a period of two years, prt , or to the signing of the complaint? Answer: Yes. North Carolina, In the Superior Court, Iredell County November Term, 190 Selma Burke Glenn Vs. JUDGMENT ) John Silas Glenn ) This cause coming on to be heard and being heard at this Term of the Superior Court of Iredell County, North Carolina, be@ore his Honor, Ss. J. Ervin, Jr., Judge Presiding, and a jury, and the jury having answered the issues submitted to it by the Court in favor of the plaintiff and against the defendant, 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 Selma Burke Glem, and the defendant, John Silas Glenn, be and the same are hereby dissolved, and the plaintiff is granted an absolute divorce from the defendant. S. J. Ervin, Jr. Judge Presiding. 1 edad dlemtlion tie itil Ai ti ti Ren ey tite. Te. He Re. Me te the ited. tet Ah Re Ae ie de die th db de th dhe den de dhe thd # No. 1810 ) DIVORCE. 5 the Joe L. White } The "Divorce Jyry" being duly sworn and empanelled, answers ™ { vs { issues submitted to it as follows: Willie Grace White } North Carolina, In the Superior Court, Iredell County. November Term, 190 Joe L. White ) 4 Vs. Issues Willie Grace White 1. Did the plaintiff and defendant intermarry as alleged in the complaint? Answer: Yes. years 0 2. Have the plaintiff and defeniant lived separate and apart a immediately preceding the commencement of this action? Answer: Yes. for one 3- Has the plaintiff been a resident of the State of North caroline year immediately preceding the commencement of this action? Answer: Yes. IN THE SUPERIOR COURT 30% SECOND WEEK - NOVEMBER TERM 19)0 385 MONDAY, NOVEMBER 11, 19h6 In the Superior Court yorth Caroline tredell County November Term, 19.0 Joo L. White vs ; Judgment ) wilie Grace White This cause coming on to be heard before the undersi:ned Judge and a Jury at the November Term of Iredell Superior Court and the Jury having answered the issues submitted to them, as contained in the records, It is, therefore, considered, ordered and decreed that the plaintiff be and he is hereby granted an absolute divorce from the defendant. It is further ordered that the plaintiff pay the cost of this action. S. J. Ervin, Jr. Judge Presiding. No. 1811 ) DIVORCE. ,felen B. Lentz } The "Divorce Jury", being duly sworn and empanelled, answers the { vs } issues submitted to it as follows: fred A. Lentz 4} North Carolina, In the Superior Court, Iredell County. November Term, 19.0 felen Brawley Lentz Vs Issues Fred A. Lentz 1. Did the plaintiff and defendant intermarry as alleged in the complaint? Answer: Yes. 2, Have the plaintiff and defendant lived separate and apart for two years mediately Preceding the commencement of this action? Answer: Yes. 3+ Has the plaintiff been a resident of the State of North Carolina for one yur immediately preceding the commencement of this action? Answer: Yes, “O- -O- <O0- <0- <0- “*th Carolina In the Superior Court ™ County November Term, 190 ( Helen Brawley Lentz " | Judgment % Pred A, Lentz 1 @ ‘ | | re wat as a aoe » P - Ss ie ei ae IN THE SUPERIOR COURT SECOND WEEK - NOVEMBER TERM 19,0 MONDAY, NOVEMBER llth, 190 386 This cause coming on to be heard before the undersigned Judge and a Jury at the November Term, 190 of Iredell Superior Court and the Jury having ansy ered the issues submitted to them, as contained in the records, It is, therefore, considered, ordered and decreed that the Plaintify pe and she is hereby granted an absolute divorce from the defendant, It is further ordered that the plaintiff pay the cost of this action, Ss. J. Ervin, JY Presiding Judge — Ne te lee Re ale i die Be tle ae ie ie Hb. reel ahi lle ator inertia At: aint No. 1815 James M. Myers vs Violet M. Myers North Carolina, Iredell County. James M. Myers vs Violet M. Myers 1. Did DIVORCE. ’ ) The "Divorce Jury", being duly sworn and empanelled, answers the } issues submitted to it as follows: ) In the Superior Court. ISSUES 2 oS oS > —_> the plaintiff and defendant intermarry, and sre they now man and wie, as alleged in the compiaint? Answer: 2. Did apart from each Answer: 4. Has ed in far more than two years next preceeding the commencement of this action, 48 alleg the complaint? Answer: North Carolina, Iredell County. James M. Myers vs Violet M. Myers Yes. the defendant abandon the plaintiff and have they lived separate ant other for more than two years, as allesed in the complaint? Yes. . Lins the plaintiff been a bona fide resident of the State of North Caro Yes. -“O- -O=— -O- «-O= <-O= In the Superior Court, November Term, 190. ' JUDGMENT ) s IN THE SUPERIOR CouRT SECOND WEEK - NOVEMBER TEM, 190 38% MONDAY, NOVEMBER llth, 190 This cause coming on to be heard and being heard at this term of the superior Court of Iredell County before His Honor, S. J. Ervin, Jr., Judge Presiding, and a jury, and the Jury having answered the issues submitted to it by the Court in favor of the plaintiff and against the defendant, as set out in the record: It is, therefore, ordered and adjuiged by the Court that the bonds of matrimony 4 , heretofore existing between the plaintiff and defendant be, and the same are hereby dissolved, and the plaintiff is granted an absolute divorce from the defendant. = —ee FA wr te a : eas 7 = ~ ae c “4 - ‘ tees el ee — S. J. Ervin, Jr. Judge Fresiding,. oO” 2°27 Soros AR Rt te il tee le mee feat ntti en dhe te te te e te ae ak ae ak ae + fo. 1819 § DIVORCE. James Dore } The "Divorce Jury", being duly sworn, answers the issues submitted to } { vs it in favor of the plaintiff as follows, to-wit: Marie Dore North Carolina, ; In the “uperior Court. Iredell County; James Dore ) 4 ‘ v8. ISSUES Marie Dore ' 1. Did the plaintiff and defendant intermarry, and are they now man and wife, as alleged in the complaint? Answer: Yes. 2. Did the defendant abandon the plaintiff and have they lived separate and ‘part from each other for more than two years, as alleged in the complaint? Answer: Yes. 3» Has the plaintiff been a bona fide resident of the State of North Ce rolina for more than two years next preceeding the commencement of this action, as alleged inthe complaint? Answer: Yes, forth Carolina, In the “uperior Court, Tredell County, November Term, 19)0 | "Mes Dore ws. JUDGMENT IN THE SUPERIOR COURT 388 SECOND WEEK - NOVEMBER TERM 190 MONDAY, NOVEMBER 11, 190 This cause coming on to be heard and being heard at this term of the Superior Court of Iredell County before His Honor, Ss. J, Ervin, Jr., Judge Presiding and a Jury, and the Jury having answered the issues submitted to it by the Court in favor of the plaintiff and against the defendant, 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 the same are hereby dissolved, and the plaintiff is granted an absolute divorce from the defendant S. J. Ervin, Jr, Judge Presiding. No. 1820 ) DIVORCE. Odell McCoy The "Divorce Jury," being duly sworn and empanelled, answers the issu: vs § submitted to it as follows: Emma McCoy } North Carolina, in the Superior Court. Iredell County. Odell McCoy vs ' ISSUES 4 Emma McCoy 4 1. Did the plaintiff and defendant intermarry, and are they now man and wile, as allezed in the complaint? Answer: Yes. 2. Did the defendant abandon the plaintiff and have they lived separate aé apart from each other for more than two years, as alleged in the complaint? Answer: Yes. 3. Has the plaintiff been a bona fide resident of the state of North Carolins for more than two years next preceeding the commencement of this action, 48 alleged i the complaint? Answer: Yes. North Carolina, In the Superior Court. Iredell County. November Term, 190 Odell McCoy vs JUDGMENT << we ae a x Emma McCoy IN THE SUPERIOR COURT SECOND WEEK - NOVEMBER TERM, 190 389 MONDAY, NOVEMBER 11, 190 This cause coming on to be heard and being heard at this Term of the Superior t of Ipedell County before His Honor, S. J. Ervin, Ir., Judge Presiding, and a Cour Jury, and the Jury having answered the issues submitted to it by the Court in favor of the plaintiff and a‘ainst the defendant, as set out in the record: It is, therefore, ordered and adjudged by the Court that the bonds of matrimon yi neretofore existing between the plaintiff and defendant, be, and the same are hereby aissolved, and the plaintiff is granted an absolute divorce from the defendant. Se Je Ervin, Jr. Judge Presiding, stant mil toi ote ttl olf sate les ales he hs is tbe onthe ote ab Yo. 182) ) DIVORCE Signore P. Sharpe } The "Divorce Jury", being duly sworn and empanelled,amswers the vs § issues submitted to it as follows: BG. Sharpe 1 North Carolina, In the Superior Court, Iredell County. November Term, 19,0 Signore Poole Sharpe i} ) Vs j ISSUES ; =-s2-5 2. G. Sharpe 4 le Did the plaintiff and the defendant intermarry, and are they now man and wife, as alleged in the complaint? Answer: Yes. 2. Did the defendant separate from the plaintiff, and has the plaintiff and the defendant lived separate and apart for more than two years next preceeding the commencement of this action as alleged in the complaint? Answer: Yes, 3. Has the plaintiff been a bonfied resident of the State of North Carolina ‘or more than two years immediately prior to the commencement of this action as alleged in the complaint? Answer: Yes. 4. Was the separat&on without fault on the part of the plaintiff? Answer; Yes. & p. 4 tk ai i4 res are : ; 3 Bf — ” & a > ' oe a e a a — > - = SSS SS —— a Ss on aan 7 ce + Pas Se — mae =e. =< gone ce 390) IN THE SUPERIOR COURT SECOND WEEK - NOVEMBER TERM 190 MONDAY, NOVEMBER 11, 190 North Carolina, In the Superior Court, Iredell County. November Term, 19)0, Signora Poole Sharpe JUDGMENT 7 E. G. Sharpe This cause coming on to be heard and being heard at this term of the Supertoy Court of Iredell County, North Carolina, before His Honor, Ss. J. Ervin, Jr., Judze Presidins, and a jury, and the jury having answered the issues submitted to it dy the Court in favor of the plaintiff and against the defendant, as set out in the recor: It is therefore, ordered and adjudged by the Court that the bonds of Matrimony heretofore existing between the plaintiff and defendant, be, and the same are hereby dissolved and the plaintiff is granted an absolute divorce from the defendant, S. J. Ervin, Jr. Judge Presiding. SE ttt att tl iti ei af aman a emo aii aire No. 1829 ) DIVORCE. i J. C. Overcash QThe "Divorce Jury" being duly sworn and empanelled, answers the vs ) issues submitted to it as follows: Martha A. Overcash } North Carolina, In the Superior Court. Iredell County. Je C. Overcash } ) Vs. ' ISSUES ) Martha A. Overcash } wife 1. Did the plaintiff and defendamt intermarry and are they now man ont as alleged in the complaint? Answer: Yes. ate and 2. Did the defendant abandon the plaintiff and have they Lives or apart from each other for more than two years, as alleged in the compla Answer: Yes. 3. A for more than two years next preceeding the commencement of this action, ins ate of North card 5 alleged 12 Has the plaintiff been a bona fide resident of the St the complaint? Answer: Yes. IN THE SUPERIOR CouRT SECOND WEEK - NOVEMBER TERM 1910 MONDAY, NOVEMBER 11, 19h0,. 39] In the Superior Court, yorth Carolina, rredeld County, November Term, 190. 3, Ce dvercash a " JUDGMENT j } yartha A. Overcash This cause coming on to be heard and being heard at this Term of the Superior court of Iredell County before His Honor, S. J. Ervin, Jr-, Judge Presiding, and a jury, and the Jury having answered the issues submitted to it by the Court in favor of the plaintiff and azainst the defendant, as set out in the record: It is, therefore, ordered and adjudced by the Court that the bonds of matri- nony heretofore existing between the plaintiff and defendant, be, and the same are hereby dissolved, and the plaintiff is granted an absolute divorce from the defendant. S. J. Ervin, Jr. Judge Presiding. tdi meatipmnctiom nati nclio ale athlon othr nelor aan et ioe oreo we ae. le ew sl oh hm nhl elmira sem tbh al eltremcniboe allo les nna ae V No. ) DIVORCE. 0 C. Jernigan ' 4 4 The "Divorce Jury" beinz duly sworn and empanelled, answers the Vs. issues submitted to it as follows: Sarah W. Jernigan North Carolina In the Superior Court, Iredell Couxjty ( % 0) Jernigan ( 4 vs { ) Streh Willett Jernigan @ November Term, 19)0 Issues 1. Did the plaintiff and defendant intermarry as alleged in the complaint? Answer: Yes, 2, Have the plaintiff and defendant lived separate and apart for two years diately preceding the commencement of this action? Answer: Yes, 3+ Has the plaintiff been a resident of the State of North Carolina for one 8 7 immediately preceding the commencement of this action? Answer: Yes, | 392 IN THE SUPERIOR COURT SECOND WEEK - NOVEMBER TERM 1 NONDAY, NOVEMBER 11, 1910 ” North Carolina, In the Superior Court Iredell County. November Term, 190 O. C. Jernigan ' Vs. Judgment Sarah Willett Jemigan This cause coming on to be heard at the November Term of Iredell Superior Court and being heard before His Honor, S. J. Ervin, Jr., Judze Presiding and a Jury and the Jury having answered the Issues submitted to them in favor of the plain. tiff and azainst the defendant, as set out in the Records in this case, It is, therefore, upon motion of J. H. Murke, Attorney for the plaintifs, ordered, considered and adjudged that the bonds of matrimony heretofore existing between 0. C. Jernigan and the defendant, Sarah Willett Jernigan be and the same are hereby set aside and dissolved, and the plaintiff is granted an absolute divorce from the bonds of matrimony with the defendant. It is further ordered that the plaintiff is to pay the cost taxed by the Clerk and it is further adjudged that this decree does not effect the Separation Agreement between the plaintiff and defendant duly recorded in the office of the Register of Deeds as touching only the monthly allowance for maintenance. Ss. Je Ervin, JY. Judge Presiding Fat nl ili aati ap alm aie ie ei alee lem rs the oaks te i dhe te te te Ht de th ah te te de te ae NORTH CAROLINA IN SUPERIOR COURT IREDELL COUNTY NOVEMBER TERM 190 Flake Sowers and Stelma Sowers vs. CONSENT JUDGMENT Neil S. Sowers, Administrator of the Estate of Miss Sallie Sharpe Deceased ee ee Su erior This cause coming on to be heard at the November Term, 190, of the uP Court of Iredell County, and it appearing to the Court that the plaintiffs ant have agreed upon the compromise of all matters at issue, It is now ordered and adjidged that the plaintiffs recover of the defendant the sum of $100.00 and the cost of the action to be taxed by the Clerk n which It is further ordered that the defendant is allowed six months witht to make payment bo the plaintiffs for the said amount. BY CONSENT: S.J. Erving Jt udge Fre J. H. Burke omey for Plain E. M. Land Kttorney for Defendant” and defen IN THE SUPERIOR COURT SECOND WEEK - NOVEMBER TERM 190 MONDAY, NOVEMBER 11, 190 393 In the Superior Court, jorth Carolina, tredell County. November Term, 190 Nell F- Davis, trading as ) statesville Floral Co. -vs- } ) ) ntic Greyhound Lines ir. s, Campbell This cause coming on for trial at the aforesaid Term of Iredell Superior Court before the undersigned Judge, and it appearing to the Court that the Plaintiff mas called by the Sheriff to come in and prosecute this action or she would be non- suited, and it appearing that the plaintiff failed and neglected to appear and prose- cute this action: It is therefore ordered, adjudged and decreed that this action be, and the same is hereby dismissed, and the plaintiff is taxed with the costs. This the llth day of November, 190. 5. J. Ervin, Jr. JUDGE PRESTDING tempted i tbe lhe i dle ibm ats es si tb ee he ie tie die he hie he hi hee les whl ale rile dle sil the a ke ie ote tot Yorth Carolina, In the Superior Court, Iredell County. November Term, 190 R. S, Barkley JUDGMENT ) ' vs ' ouy Cornacchione This cause coming on for trial at the aforesaid Term of Iredell Superior Court before the undersigned Judge, and it appearing to the Court that the Plaintiff was *alled by the Sheriff to come in and prosecute this action or he would be no: -suited, and it appearing thet the plaintiff failed and neglected to appear and prosecute this action: It is therefore ordered, adjudged and decreed that this action be, and the “™ is hereby dismissed, and the plaintiff is taxed with the costs. This the 11 day of November, 190. S. J. Ervin, Jr. ee . 39 4 IN THE SUPERIOR COURT : SECOND WEEK = NOVEMBER TERM 19.0 MONDAY, NOVEMBER 11, 190 No. 1805 a. Gee easel a ie Cordie Day e vorce Jury eing duly sworn and empanelled vs $ submitted to it as follows: a {8sues Henry Day North Carolina, In the Superior Court Iredell County. November Term, 190. Cordie Day vs ISSUES Henry Day ) 1. Were the plaintiff and defendant married as alleged in the complaint? Answer: Yes. 2. Did the plaintiff and defendant separate and have they lived separate and apart for more than two years preceding the filing of the complaint in this action as alleged in the complaint, and was the separation without fault on the part of the plaintiff? Answer: Yes. 4e Has the plaintiff been a resident of the State of North Carolina for one year imnediately preceding the filing of the complaint in this action? Answer: Yes. “O- -O- -O=- -0O- - = North Carolina, In the Superior Court, Iredell County. November Term, 190 Cordie pay | vs JUDGMENT Henry Day This cause coming on to be heard at this Term of the court before His Honor, S. J. Ervin, Jr., Judge Presiding, and a jury, and being heard and it appearing thet the jury answered the issues as set out in the record: It is therefore, ordered and adjudged that the bonds of matrimony heretofore existing between Cordie Day and Henry Day be and the same are hereby dissolved ant 4d a8 that the cost of this action shall be taxed by the Clerk of the Court to be pe provided by law. S. J. Ervin, Jr —Siage-Presiaing. SOS IN THE SUPERIOR COURT SECOND WEEK - NOVEMBER TERM 190 MONDAY, NOVEMBER 11, 190 CAROLINA IN the Superior Court et COUNTY November Term, 190 — ¢, Me Deaton vs sville Building yt oan Assbciation qo the Superior Court of Iredell County: 395 Trustee of the Mooresville Buildi _y. Colson, Liquidating ng and Loan Association M spect fully submits the following report from July 27, 190, through oct. Zl, 190: ts- ReceLp Cash on hand and in bank, July 27, 190 $170.96 Rent 107.2 Payments on loans ee f Thos s6r sbursements- : Paid stockholders 106.91 Permanent improvements to real estate 419.28 Loans for repairs 176.15 Trustees bond and liability bonds 1h 50 Insurance on associations property 76.41 Repairs to associations property 8.78 Cash on hand and in bank, Oct. 431, 190 .78 Ty 56 Assets- Cash on hand and in bank 41.78 Loans - book value 23,498.92 Real estate - book value 15,546.97 Furniture and fixtures - book value 1 0 9950-6 Liabilities- Due stockholiers 42,059.27 Bills payable 1,412.00 Reserves = book value , .! > . Respectfully submitted, A. W. Colson A.W.Colson, Liquidating Trustee. tpt ntti penn mimeo ti aati rein serenetares iano atoeitaconatti iio atmos STATEMENT OF P. A. Alexander, Receiver 430 - Sloop Furniture Company, Mooresville, Nev. From August 3rd, 1940 date of last Report to Nov. 9th, 19,0 RBCRIPTSs C — a last report Aug. 3rd, 190 . 10] -5 Sa] ° Ree ~ Stock of Goods at Auction Toor Collect cn Fire Insurance Policies 3.00 llections On Accounts Pledged to First Natl Bank 23.00 Collection” On accounts pledged to American Accpt Corp 2.00 ons on other accounts O31. D “euiseMeT's J, C. Ze 00 Mrs, Sloan, Taking Inventory 7.50 Clara p : Be Robert, po eton for typing 15.92 Postage nba Collector Social Security 2°50 Ae J. ya ones and Notary fee 8-39-l0 2 ay A, J, n’ Collector Franchise Tax for 1938-39- "81 Prat Nati ep : Sales Tax Bank, Mooresville, N. C. collected on accounts 10. 84, pledged to Bank 396 P. A. Alexander, Commission on Collections for Bank IN THE SUPERIOR COURT SECOND WEEK - NOVEMBER TERM 190 MONDAY, NOVEMBER 11, 190 W. C. Perry, Auctioneer Toh J. A. B. Goodman, School Tax for 1936-37-38-39-l0 — Town of Mooresville, Town tax for 1938-39-l0 ee J. E. Scroggs, Tax Col. County Tax 1937-38-39-h0 1 Cash on hand Nov. 9th, 190 Total Disbursements $ Tere Total Receipts from all sources $1,275.66 P. A. Alexander P. A. Alexander, Recelver Sloop Furniture Company Mooresville, N. C, No. 1732 T. E. Allison, Jr. vs Winston Mutual Life Ins. Company No. 1732 T. E. Allison, Jr. vs Winston Mutual Life Ins. C06 The following jury was duly sworn and empanelled, to-wit: J. C. Beaver, Robert Evans, 0. J. Sherrill, J. 1. Guy, E. C. Perry, H. L. Gilbert, J. R. Stone, J. R. Perkins, E. D, Mayes, S. C. Williams, E. L. Swann and J. Moore Reid Upon motion of the plaintiff made during the progress of the triel and before verdict, the action is dismissed upon a yolw Judgment of non-suit, and the plaintiff is taxed with the cost of the same. 8. Je Ervin, dr. Judge Presiding h, 1940 This Honorable Court tekes recess until Tuesday Morning, November Leth, at 10:00 o'clock. ~ S. =D WH —PRESIDI / IN THE SUPERIOR COURT ‘ SECOND WEEK -- NOVEMBER TERM 19)0 397 TUESDAY, NOVEMBER 12th, 191, This Honorable Court convenes according to adjournment on Tuesday vorning, November 12th, 1940 at 10:00 o'clock. DIVORCE. The "Divorce Jury" being duly sworn and em No. 1823" the issues submitted to it as follows: John David Beaver panelled, answers vs Mery Idell Beaver North Carolina In the Superior Court Iredell County John David Beaver ISSUES Vs. Mary Idell Beaver 1. Were the plaintiff and the defendant married to each other as alleged in the complaint? Answer: Yes. 2. Have the plaintiff and the defendant lived separate and apart for two years next preceeding the commencement of this action? Answer: Yes. 3. Has the plaintiff been a resident of the State of North Carolina for one year next preceeding the commencement of this action? Answer: Yes. “O- -O- <O- <-0- North Carolina In the Superior Court Iredell County November Term, 190 John David Beaver vs JUDGMENT oe SS <— Mery Idell Beaver This cause coming on to be heard, and being heard before His Honor S. J. Ervin, Jr., Judge Presiding, at the regular Nov., 190, Term of Superior Court for Iredell County, North Carolina, and a j¥ry, and the jury having answered the issues submitted as hereinafter indicated, to-wit: 1. Were the plaintiff and the defendant married to each other as alleged in the complaint? Answer: Yes. 2. Have the plaintiff and the defendant lived separate and apart for two years next preceeding the commencement of this action? Answer: Yes. 3+ Has the plaintiff been a resident of the State of Rest Carolina for One year next preceeding the commencement of this action Answer: Yes. “1d issues having been answered in the affirmative and in favor of the plaintiff, | 398 IN THE SUPERIOR COURT SECOND WEEK - NOVEMBER TERM 190 TUESDAY, NOVEMBER 12, 19h0 IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that the bonds of matrimony heretofore existing between the plaintiff and the defendant be, ang the same are hereby dissolved, and the plaintiff is awarded a decree of absolute divorce from the defendant. It is further ordered that the plaintiff pay the costs of this action, This the 12 day of Nov., 190. S. J. Ervin, Jr, Judge Presiding a Hentai rte reece TELAT LARA ere tas taralit caine esearalbnelbtiiy No. 1827 ) DIVORCE. W. E. Witherspoon ) The "Divorce Jury" being duly sworn and empanelled, ansver vs ) the issues submitted to it as follows: Mattie G. Witherspoon } North Carobina, In the Superior Court lredell County. W. E. Witherspoon ) ISSUES Mattie G. Witherspoon 1. Did the plaintiff and defendant intermarry, and are they now man and wife, as allesed in the complaint? Answer: Yes. 2. Did the defendant abandon the plaintiff and have they liged separate and apart from each other for more than two years, as alleged in the complaint! Answer: Yes. 3. Has the plaintiff been a bona fide resident of the state of North Carolina for more than two years next preceding the commencement of this action, as allezed in the complaint? Answer: Yes. NORTH CAROLINA IN THE SUPERIOR COURT IREDELL COUNTY W. E. Witherspoon, PLAINTIFF -VS- Mattie G. Witherspoon Je onor, 5 This cause coming on to be heard and being heard before His Honor, Court that issue Ervin, Jr., Judge Presiding, and a jury; and it appearing to the IN THE SUPERIOR COURT SECOND WEEK - NOVEMBER TERM 19,0 399 ¥F TUESDAY, NOVEMBER 12, 19h0 1 dove submitted to and answered by the jury as set out in the record: +t is, therefore, upon motion of J. G. Lewis, counsel for plaintiff, con- sidered, ordered adjudged and decreed, that the bonds of matrimony now existing : between the plaintiff and defendant be, and they are hereby, dissolved. : It further appearing to the Court that there was born to this unton six iG wuildren, to-wit: Margaret Elizabeth Witherspoon, 1h years of age; James William | ‘ Reaeepees, 12 yoare Of age} Huth Mi therepoon, 10 years of ages Dorothy Witherspoon; 7 “ll 9g years of age; Edgar Witherspoon 7 years of age and Betty Jean Witherspoon, 3 years | of age and that all of the children except Margaret Elizabeth Witherspoon are now Ka in the custody of their mother and have been residing with their said mother, the defendant in this action, since the separation between the plaintiff and the defend- ant; that Margaret Elizabeth Witherspoon is now in the custody of her father and has | ts been in the custody of her father since the separation between the plaintiff and the ie } defendant : IT IS, THEREFORE, ordered, adjudged and decreed that the temporary custody of said children, other than Margaret Elizabeth Witherspoon, be and it is hereby awarded to the defendant, the mother of said children; that the temporary custody of the said Margaret Elizabeth Witherspoon be and it is hereby awarded to the plain- tiff, father of said child; It is further ordered, adjudged and decreed that the said Margaret Elizabeth Witherspoon shall be permitted to visit her mother at such times and on such occasions age are agreeable to the father and mother of said child and that the mother is to have a right to visit said child at such times and on such occasions a8 is agreeable to the father and mother of said child; It is further ordered, adjudged and decreed that the other children born to said union shall have the right to visit their father, the defencant in this action, at such times and on such occasions as are agreeable to the mother and father of said children and that said fcther shall have the right to visit with , said children at such times and on such occasions as are agreeable to the mother and father of said children; it is furtherordered and decreed that the plaintiff 1s to pay to the defendant, Mattie E. Witherspoon, the sum of Twelve ($12.00) Dollars per month for the support and maintenance of the children other than Margaret Elizabeth Witherspoon and who are now residing with the said Mattie G. Mtherspoon; the first payment to begin on December 1st, 1940 and all subsequent Payments to be made on the first day of each month thereafter until further orders | *f this Court, I? Is, FURTHER ORDERED, ADJUDGED AND DECREED that the plaintiff pay the *8t of this action to be taxed by the Clerk of this Court. “his the 12th day of November, 19)0. o. 2. Erving JY. * "iol 400 IN THE SUPERIOR COURT SECOND WEEK -~ NOVEMBER TERM 190 TUESDAY, NOVEMBER 12th, 19he NORTH CAROLINA IN THE SUPERIOR COURT IREDELL COUNT NOVEMBER 11, 190 TERM Hurschel Johnson, by his Next Friend, Fred G. Johnson, Plaintiff JUDGMENT Williams Hopkins, ) ) ) -vs- ) Defendant. ) THIS CAUSE coming on to be heard before His Honor, S. J. Ervin, Jr., Judge Presiding at the above term of the Superior Court of Iredell County, and the plain. tiff, by his attorney, John G. Lewis, having offered in open court to accept the sy of $500.00 in full settlement of his claim, and His Honor having examined the witness and being of the opinion from such examination that it would not be to the interests of the infant plaintiff to try the issues before a jury, and the court finding as a that under all the circumstances, the aforesaid sum is an adequate, fair and just compensation for the injuries sustained by the plaintiff, and it appearing to the Court upon the examination of the witnesses and the father and the next friend of the plaintiff that the plaintiff and his said next friend fully and freely consent to accept the aforesaid sum in full, final and complete settle nt and the same being sanctioned and approved by the court, and the defendants, through their attorneys, Messrs. Futhrie, Pierce & Blakeney, having consented to pay the said sum by way of a compromise. NOW, THEREFORE, IT IS ORDERED, ADJ''DGED AND DECREED that the plaintiff recover of the defendant the sum of $500.00 in full compromise of any and all cline of every kind and character which he now has or may hereafter have against the defendant by reason of the matters and things alleced in the complaint, and the cost of this action to be taxed by the Clerk. IT IS FURTHER ORDERED that out of the above mentioned sum, the Clerk of ti Superior Court shall pay to Mr. John G. Lewis, the plaintiff's attorney of recom, the sum of $150.00 for legal services, which charge the court finds to be fair and reasonable. gs. J. Brvin, dt... Judge Presiding We consent to the foregoing: Fred G. Johnson ather ex end o aintiff. Lewis & Lewis, by J. G. Lewis Kttorneys for Pletntivr: Guthrie, Pierce & Blakeney Attorneys for Defendant. tt te tte tte ttt eat tte ties IN THE SUPERTOR COURT SECOND WEEK * NOVEMBER TERM 190 TUESDAY, NOVEMBER 12, 190 ( vorth Carolina, In the Superior Court, tredell County. November Term, 19)0 gelma Be Plott -vs- i NOTICE TO SHOW CAUSE W, Roy Plott f to the Sheriff or other lawful officer of Haywood County-GREETING: You are hereby notified and ordered to summons Ww. Roy Plott, defendant in the above entitled action, to appear before His Honor, H. Hoyle Sink, Resident Juige of the Fifteenth Judicial District of North Carolina, at Chambers in the Court House of Rowan County, in the “ity of Salisbury, North Carolina, on Tuesday, Yovenber 26th, 1940, at 9:30 o'clock A.M., and show cause why he should not be attached for contempt of Court in failing and refusing to comply with the orders of Honorable G. V. Cowper, Judge, made in the above cause, and wherein and whereby the said W. Roy Plott was ordered and directed to pay the plaintiff the sum of $45.00 per month on September lst, 1940, and a like sum on the lst day of each month thereafter until further orders of the Yourt and until the final hearing and disposition of the said cuase, and the further sum of $25.00 for the benefit of lewis & Lewis, Attorneys. Herein fail not, and of this process make due return, as witness my hand this the 12th day of November, 190. S. J. Ervin, Jr. Judge fresiding. tt ttt te GH dE te Ge te ttt tt et attention athena ettionnaltaitactianatiemtins Amit { forth Corolina, In the Superior Court, Iredell County. November Term, 190 Hursche] Johnson, b y his next friend, Fred G, Johnson, Plaintiff. “VS- ORDER. "liam Hopkins, oOoKS SS oO SS OO Defendant, oy This cause coming on to be le ard and being heard at This Term of the hy Court of Iredeli County before His Honor, Pace ere oon Ppearing to the Yourt that the plaintiff was trea : Mooresville, N, Cc. , end that he recovered from the defendant the sum of $350.00 *t after deducting his Attorney fee: be It is therefore, ordered and adjudged by the Court that the ont Via slates ‘o said Hospital from the above recovery, and the remainder ~ niff as provided by law, all to be paid by the Clerk of this Court. S. J. Ervin, Jr. “Judge Presiding. Jr., Judge Presiding, | * Lowrance Hospital | | IN THE SUPERIOR COURT SECOND WEEK - NOVEMBER TERM 190 TUESDAY, NOVEMBER 12, 190; North Carolina, In the Superior Iredell County. Court, November Term, 190 Cordie Upright Turner Christie ) Vs. ORDER Se ee Je Ce Turmer It appearing to the Court in the above entitled matter that th and the defendant are the parents of three infant children, to-wit: Clyde Manue) Turner, age 9 years, Margaret May Turner age years, and Robert Lee Turner age 6 years; that an absolute divorce was granted to the plaintiff in this cause in th March Term, 1937, of the Superior Court of state and county aforesaid, That iidies quent to that time the plaintiff has remarried to another person and that the . defendant has also married again. That the aforesaid infant child ren have lived with the plaintiff, their mother, majority of the time since the divorce judgment was granted; that it is the desire of the plaintiff and defendant that the custody of the aforesaid infant children be awarded to the plaintiff and that the defendant © plaintire be permitted to see the said children at such reasonable times as will not interfer | with the normal conduct of their lives. Wherefore it is considered, ordered and adjudged that the custody of the said infant children, to-wit: Clyde Manuel Turner age 9 years, Margaret May Turner age 8 years and Robert Lee Turner age 6 years, be, and the same is hereby awarded to the plaintiff, Cordie Upright Turner Christie; that the defendant, J. ¢,. Turn, be permitted to see said infant children at such reasonable times as will not interfere with the normal conduct of their lives. +his cause is retained for further orders. S. J. Ervin, Jr. Judge Presiding North Carolina Iredell County In the Superior Court Ne. Me. Lewis, an officer and stock- holder of the defendant corporation, on behalf of himself and all other stock- hoiders and creditors of the defencant who may come in and make themselves parties plaintiff vs j ’ } SPECIAL REPORT OF RECEIVER ) ) Lewis and Wa:mmer Panel Co., a Corporation ' Your Receiver reports to the Court as follows: rsou lst. That included in the assets of his trust, he has on hand oor tert property, consisting of certain industrial machinery located in the = dule heret? L. Panel Co., at Statesville, N. C. and described and set forth in a sche attached, marked Edhibit A, and made a part hereof. 2nd. That the Receiver does not own the plant or the real comme owner #78 said machinery is located, but the same was under a lease from 4 CaS eee os it now seems impractical to sell the said machinery as a part of the en pnt most of the machinery of which this is a part, is owned by a different wile the sam would be very expensive to dismantle and remove the said machinery and te rapidly * is not in use and has not been in use since July lst, it will deteriore o be at ot non-use and the Receiver has been required to keep the same insured 4n the defendant expense in reference thereto; that all of the other physica} assets © corporation have been disposed of. ery as it 3rd. That the Receiver has attempted to effect a sale of the =e ple was installed, to the owners of the plant and to any one else that my + that he to interest in purehasing the same as a part of the entire assembly, 0U been unable to secure a bid for the same. $ chinery: 4th, That the Receiver has a bona fide offer to purchase sored where it * of which is second-hand and has been used for a long time, as it 18 mmedié r p at the price of $3500.00 cash, upon confirmation; that this offer 1 ete, discon acceptance only and the purchaser proposes at his own expense, to and carry away the said machinery to be used for installation elsewhere: IN THE SUPERIOR COURT SECOND WEEK - NOVEMBER TERM 190 TUESDAY, NOVEMBER 12, 19h0 403 th. That in his opinion, the price offered is the best obt ene ail tichs and he recommends to the Court that the Court wii) mane ae emeer authorizing and directing him to accept said bid, which is filed herewith ian beeen the said machinery to the purchaser, upon receipt of the said purchase money in cash. Respectfully submi tted, __John S$. Pickett Receiver Lewis & Wagner Panel Co. North Carolina, Iredell County. John S. Pickett, Receiver of Lewis and Wagner Panel Co., being duly sworn deposes and says; that he has read the foregoing Report and that ine enon io true his own knowledge, except as to those matters and things therein stated taformati on and belief, and as to those, he believes it to be true. ed upon J. S. Pickett gyn to and subscribed before me, this Nov. 12th, 190. Hessie Blankenship “Yotary Public. ly commission expires Dec. 1, 190. (NOTARIAL SEAL ) This cause coming on to be heard in open court at the November Term, 190 of Iredell County Superior Court, and being heard upon the special report of John Ss. Pickett, the Receiver, and it appearing to the Court that this case was placed upon the motion docket for such orders as the Court might make and that the Receiver has filed a report, recommending the sale of certain machinery described in the offer submitted for its purchase to Littman Machinery Corpdration at the price of $3500.00 cash, upon delivery, the purchaser to assume all responsihibility for removal of the mchinery and to take it as it is and where it is placed; And it appearing to the Court that it would be for the best interests of all parties concerned to accept said offer; It is, therefore, now, ordered and adjudged thet the Receiver be, and he is hereby authorized and empowered to sell said machinery as set out in said itemized tid at private sale for $3500, 00 cash in accordance with said offer, no objection thereto having been filed in the court. This Nov. 12th, 190. S. J. Ervin, Jr. Judge Presiding November Term forth Carolina In the Superior Court Tredel] County wie lewis, an officer and stockholder of the defendant Teretion, on behalf of himself and all other stock- a and cre@itors of the defendant who may come in make themselves parties plaintiff, vs lenis and Wagner Panel Co., a corporation ) | ) REPORT OF RECEIVER ) f To the 1905 Presiding Judge of the Superior Court of Iredell County at the November Term, With re John 8. Pickett, Permanent Receiver of Lewis and Wagner Panel Company, here- Ports to the Court as follows: detailed tthedute St That attached hereto and marked Exhibit A., is an i temeeees his last nt, Cf 811 receipts and collections by him subsequent to the date * Total $26,570.92. ii ee ra 404 IN THE SUPERIOR COURT SECOND WEEK - NOVEMBER TERM 190 TUBSDAY, NOVEMBER 12, 190 énd. ‘that attached hereto marked Schedule B., is anit ' of all disbursements made by him since his last report. Total $12,908 iptatted Scheg 5rd. That attached hereto marked Schedule C, is a list of all th unsecured creditors that have been filed and allowed with the Said Recei © claims of to the notice published under the orders of the Court, notifying eveineaan’? Pursuant their claims. Total $36,978.53. sili TS to file 4th. That the receiver has on hand in cash at this time the sum of $1), ’ 657.9 5th. That no dividend has been paid to the unsecured creditors, but th of the preferred claims and liens have been heretofore paid so far as the same a been filed and allowed by the Receiver. ve 6th. That the compensation of the Recfiver was fixed in the order a him, but that the attorneys for the Receiver have received no compensation time, some provision should be made for compensation for the attomeys,. Ppointing and at thi 7th, That the Receiver recommends that a dividend of 45% per centun out of ¢ funds now on hand be paid to the beforementioned unsecured claims. ae WHEREFORE, the Receiver prays that the Court will order his report filed ang that the Court will authorize the payment at this time of said dividend to the unse- cured creditors. All of which is respectfully submitted. John S. Pickett Receiver of Lewis and Wagner Panel Co. North Carolina, lredell County. John S. Pickett, Receiver of Lewis and Wagner Panel Co., being duly sworn, deposes and says: that he has read the foregoing Report and that the same is true of his own knowledge, except as to those matters and things therein stated upon infomstt and belief, and as to those, he believes it to be true. John S. Pickett Sworn to and subscribed before me, this Nov. 12th, 190. Hessie Blankenship Notary Puolic My commission expires Dec. 1, 190. (NOTARIAL SEAL) The foregoing report of John Ss. Pickett, Receiver of Lewis and Wagner aS te Co. is hereby approved and the dividend prayed for hherein is ordered to be pa the unsecured creditors. This Nov. 12th, 190. S. J. Ervin, Jr. ee Judge Presiding Nov. Tem Iredell Superior Court. North Carolina In the Superior Court. Iredell County N. Me. Lewis, an officer and stockholder of q the defendant corporation, on behalf of hime Q CE FOR self and all other stockholders and creditors ORDER FOR ALLOWAN of the defendant who may come in and make 4 R themselves parties plaintiff ' ATTORNEYS FOR RECEIVE -VS- Lewis and Wagner Panel Co., a corporation e said Upon the forggoing petition and it appearing to the Court that sposntnent attorneys have rendered services to the Receiver from the time of the A inet the of the Temporary Receiver to date and have received no compensation 4m a3 of $750.00 is a reasonable and fair compensation for the services rendere¢, IN THE SUPERIOR COURT SECOND WEEK - NOVEMBER TERM 190 TUESDAY, NOVEMBER 12, 190 It is, therefore, now, with the approval of th 4 that John §. Pickett, Receiver of Lewis and w . authorized and empowered out of the general e Receiver, ordered and agner Panel Co., be, and he funds in his hands to pay ad judg ig hereby tt th f § ollier, attorneys, € sun of $750.00 as compensati scott iP ecctng the course of the Keceivership and sai . Thal eet wervioes @ amount shall be taken i t treration and credited upon the total compensation allowed the said atieianea” ine entire Receivership matter. S. J. Ervin, Jr, Judge Presiding at the Novenber Tem, ‘ORTH CAROLINA NORT IN THE SUPER'OR COURT IREDELL COUNTY Rebecca Hamby, Administratrix of Cameron M. Hamby, Plaintiff —* JUDGMENT Queen City Coash Company, a cor- poration, Defendant ee ee ee ee THIS CAUSE coming on to be heard before the undersigned Jud-e ‘residing at the November Term, 1940, of Iredell County Superior Court, and it appearing to the Court that the things and mtters at issue 4nd in controversy between the parties has been duly settled and compromised by an azreement whereby the defendant Consents that judgment may be entered acainst it in the sum of twenty-five hundred (2500.00) dollars, and the plaintiff agrees to accept said judgment in full settle- mnt of any and all claims or demands whatsoever which she now has, or may hereafter have, against the defendant for or by reason of the thin:s and matters alleced in the complaint, NOW, THEREFORE, it is hereby considered, ordered and adjudged that the plain- “ff recover of the defendant the sum of twenty-five hundred (2500.00) dollars, to- sether with the costs of this action to be taxed by the Clerk. S. J. Ervin, Jr. CONSENT ; Jud ze ‘Presi ding 1. E. hicklwee Scott & Collier Nomeys Tor PIaIntir?—— potinson & Jones tomeys for Defendant Re becca Hamb tstratrex Cameron M Hamby eens ne =. = oe ar : SE ms te : oo ee ee ees s ; a aie? eee cha <a = $s ) SRE ewees Seo SE oS ee 2 aa : <a —— , S. \-E wi ny / JUDGE PRESIDING st S = 406 North Carolina, In the Superior ¢ Iredell Younty ourt, Before the Clerk. Sarah Willett Jernigan vs JUDGMENT OF NON SUIT a oe eee O. C. Jernigan In the above entitled case, the plaintiff comes into court and takes a voluntary non-suit. It is, therefore, ordered that the action be dismissed and the plaintire taxed with the costs. This Nov. llth, 190. C. G. Smith Clerk Superior Court Scott & Collier Attorneys for Plaintiff. NORTE CAROLINA IN THE SUPERIOR COURT WAYNE COUNTY Katherine Edgerton Daniels, Rachel ) Hemphill Edgerton, and Wayne Realty ) Company ) vs JUDGMENT ' South Atlantic Investment Corporation } This cause coming on to be heard, and being heard before His Honor, Je a Barden, Clerk of the “uperior Court of Wayne County; and it appearing to the es that all matters in controversy have been adjusted and settled between the par hereto: Now, therefore, it is, by consent, considered, ordered and adjudged 9 wae action be, and the same is hereby, dismissed at the cost of the defendant, rite judament to operate as e full and final release of the defendant from any 11@ of a to the plaintiffs, or any of them, or their successors and assigns, by reason breach of warranty or any other matters set forth in the complaint herein. men It is further, by consent, considered, ordered and de¢greed that the ttt issued in this action against the property of the defendant in Wayne and 0 and thei? be, and the same are hereby, set aside and vacated; and that the plaintiffs bondsman be, and they are hereby, released and discharged of any and al connection with the issuance of said attachments. Je Fs Ba mayne Come Clerk Superior Court 0 ayn This 16 day of July, 19)0. BY CONSENT: Royall, Gosney & Smith Attorneys for Plaintiffs Paul B. Edmundson Attorney for Defendagt. 407 NORTH CAROLINA | | IN THE SUPERIOR CouRT , S I, J. F. Borden, Clerk Superior Court of wayne County, N. C., doh certify the foregoing to be a true copy as taken from the original scene Gas it ee office. ie Ne ' Witness my hand and official seal, this the 2na day of Aug., 190. Phe Je F. Borden CLERK SUPERTOR COURT. le | (piled in office of C.S.C. of) Rr (Iredell County Nov. 1h, 190) ihe Melnimtlimtiaentibeatnetnnntlinentibntiiowatilen tities inetinatilonatlinnetiinntiiwatiaationtitetlentibnnibbetiten titi lamathe then tie stbbe-utls-hn. tip. ci. at a> ae 4b tee ' a North Carolina, {Bibs In the Superior Court ithe Iredell County. Ret 4 bh Dr. A. G. Phifer ) 4 ) ( vs t Judgment confirming sale of lands. . i Ben A. Stimpson and John 4 4. Scott, Trustee 4 This cause coming on to be heard and be’ng heard upon the report of H. E. lewis, Commissioner, and it appearin: to the Court that said Commissioner sold the lends described in the complaint, after due advertisement as provided by law and by te the order of this Court, at the Court house door of Iredell County, at public auction ‘op cash on the 5th day of June, 194%, when and where A. G. Phifer became the last and highest bidder for said lands at the price of $94.0.00, as set forth in said report, ind it further app: aring to the Court that this sum is 2 fair and reasonable prigve for seid lends and all that the same are worth, and th°t twenty days has elapsed since stid sale and the filing of the report by said Commissioner and no increased bid or bids has been filed with said Commissioner or the Court: It is therefore, ordered and adjud ed that said sale be, and the same is aereby in all respects confirmed, and said commissioner is authorized and directed, ‘on receipt of the purchase money, to execute a deed conveying said lands to the mid A. G. Phifer. Said commissioner is further authorized and directed to pay the wats of this proceeding or action, and to pay the purplus to the plaintiff to be a . "redited on the judgment held by him against the said Ben A. Stimpson. This the lth day of September, 1936. C. G. Smith ee Clerk Superior Court, Tredell] Courty. -ttnatimtntpatgentinaneteentctenecienneipontineniiatinatiostiattestenmtinstinatnaatinttttat tt GBP { Toth Carolina Tred IN the Superior Court ell County Before the Clerk. + 8, tnding ootors an Individual, as Cc. 8. Pr c ” ig octor Lumber Company. |} JUDGMENT OF NON-SUIT 6, G, Stith and wife, Lela Smith This cause coming on to be heard before the Clerk of the Superior Court and efendants ih kad lt g Peering trom the statements of the parties, that the plaintiff and d have adjusted and settled all matters of controversy between themselves growt Owlng out of the allegations set forth in the complaint in this action and it has be PON Anregg that the defendants have paid the plaintiff the sum agreed upon and that the 1 plaints; is not entitled to recover further in the matter and the plaintiff having oo i me into Court and expressed a desire to take a voluntary non-sutt; tt is, therefore, ordered, considered and adjudged that this action be, the same is hereby dismissed upon a judgment of non-suit, It is further orde ed t] Ped thet the defendant pay the costs of this action to be taxed by the Clerk of the Court, ; the amount of $8.50. This Nov. 2lst, 190. C. G. Smith Clerk Superior Court. Fete te te tie eh te ee te te et i a a ee NORTH CAROLINA N THE SUPER OR COURT IREDELL COUNTY W. C. Johnston, Sr.3; C. ©. Johnston ) and W. C. Johnston, Jr., trading as } W. C. Johnston and Company ) Plaintiffs ) vs ) JUDGMENT ) Lillian M. Pharr ) Defendant q This cause coming on to be heard and being heard before the undersigned Clerk of the Superior Court of Iredell County, North Carolina, on Monday, Dec. én, 1940, 25rd day of October, 190, i the and, it appearing to the Court, that summons was issued in this action o¥ and served on the 2th day of October, 190, by reading 1 » — . defen:é and delivering a copy of the summons and a copy of the complaint on the said corte it further appearing to the Court that a duly verified it further Lillian M. Pharr; and, plaint was filed in said cause on the day of October, 190; and, n the su appearing to the Court that the defendant is indebted to the plaintiffs i he ‘ t of Four Hundred and Sixty Four Dollars ($6.00), together with interest from payavle annually, first day of July, 1938, at the rate of six per cent per annum, by & to the Court that the said amount is evidenced bY which nove until paid, and it appearing promissory note executed by the defendant to the plaintiffs, the terms of | g to a rin complaint in this cause; and, it further appeé ¢ Three Hunired are set out in the verified Court that the defendant is indebted to the plaintiffs in the sum 0 set outy and Sixty Bight ($368.00) Dollars in addition to the sum of ¥6),.00 above sdenced by * ’ cause; pen it further appearing to the Court that this said amount is ev ul and, account with the plaintiffs ae set out in the verified complaint in this wer or it further appearing to the Court that the defendant has not filed an ane demurrer in the time allowed by law. 409 It is, therefore, ordered and adjuded that the Plaintiffs recover of the gefendant the sum of Four Hundred and Sixty Four ($6.00) dolla rs, together with est at the rate of six per cent per annun, payable annually, fr inter om July lst, 1938, wmtil paid, and the further sum of Three Hundred and Sixty Eight ($368.00) polars, and that the costs of this action be taxed by this Court a rainst the said defendant. Cc. G. Smith ~ Clerk of the Superior Court Iredell County, North Carolina mis the 2 day of Dec., 19.0. - cininiiaaitimadtmaadtiana ta edana tiniaatiaeataitasaieasidimeatiaaminstimatineateemiedinite ede die ieee ee YORTH CAROLINA Fall Term, 19)0 No. 366 State | } vs J DG E r ) Ralph Shu } This cause came on to be argued upon the transcript of the record from the Superior Court of Iredell Younty:=- 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 W. A. Devin, Justice, be tertified to the said Superior Court, to the intent that the Judment is Reversed. And it is considered and adjudged further, that the County do pay the costs the appeal in this Court incurred, to-wit, the sum of eleven & 72/100 dollars $11.72), and exceution issue therefor. Edward Murray nsineadeeiiameniih 4 True Copy; “Clerk of the Supren Court. tp. i ' . CO eer ae ae ‘ tate i te eae ae oa an ane ane anna ainsi ow rh SUT NORTH CAROLINA Fall Term, 190 8 aot Iredell County JUDGMENT e om the This cause came on to be argued upon the transcript of the record fr : f ‘Prior Court of Iredell County:- upon consideration whereof, thas Court is © A a inanimate RES <a Oe oe 410 opinion that there is no error in the record and proceedings of saiq Superiop Court It is, therefore, considered and adjudged by the Court here, that < i, of the Court, as delivered by the Honorable W. P. Stacy, Chief Justice, be ee to the said “uperior Court, to the intent that the Judgment is affirmed, And it is considered and adjudged further, & surety to appeal Bond May H. Barringer do pay the costs of the appeal in thi e ils Court incurred, to-wit, the sum of ten & 00/100 dollars ($10.00), ana executio ' n iesue therefor. Edward Murray A true Copy: Clerk 6f the Supreme Court that the respondent James E, Copy | North Carolina In the Superior Court. lredell County Austin Kyles by his next friend, Howard Kyles vs Penegar Motor Company NON SUIT i el This cause coming on to be heard and being heard before the undersigned Clerk of the Superior Court of Iredell Cowmty, and it appearinz to the Court that the plain tiff comes into Court and asks to be allowed to take a voluntary non-suit: It is ordered and adjudged that this cause be an the same is hereby non-sult The plaintiff is taxed with the costs of this action. This December 13th, 1937. C. G. Smith Clerk Superior Court Tredell County, North Carolina NORTH CAROLINA In the Superior Court IREDELL COUNTY We He NORTON } } VS. JUDGMENT Je U. NORTON, GUARDIAN OF MRS. AMANDA T. NORTON urt of THIS CAUSE coming on to be heard, and being heard, in the Superior Go erior Iredell County, North Carolina, before His Honor Carl G. Smith, Clerk of ~ a fact Court of lredell County, and it appearing to the Court, and being found 48 by the Court: Bi 1938 J TY J. U. Norton, guardian of Mrs, 1, THAT, an action was instituted in this Court on the 30th day of June ’ cy y plaintiff, W. H. Norton, a:ainst the de‘endant, by the Amanda tT, Norton, for the recovery of the sum of two hundred sixty four dollars and a . i $264.5), said f i | forty five cents ( bats 8 Sum of money being alleged by the plaintiff in nis [Ml affidavit and complaint to be due him by virtue of a written contract delivered to ‘ him by the said Mrs. Norton, said contract being more fully set forth in the affidavit of the plaintiff to obtain attachment, to which reference igs hereby made; the plain- | pf ‘ tiff alleging the performance of the services on behalf of Mrs. Amanda 7. Norton, which performance was the consideration of the said Contract; the plaintiff alleging | | that said sum is due and unpaid, that the plaintiff has made demand upon defendant in i for payment and that the said defendant has refused and neglected to pay said sum; the plaintiff alleging that the defendant is a non-resident of the State of North ] . Carolina, but that property belonging to said defendant is within this jurisdiction, RF | said property consisting of certain funds of money from the estate of Dr. E. 7. 1a ie WcLelland, said funds being in the hands of and under control of Hon. J. Lester iF ' 4 - Wolfe, Clerk of Superior Court of Mecklenburg County, North Carolina, who holds the sm of one thousand three hundred and eighteen dollars and twenty three cents ($1,318.23), for distribution to the defendant as the defendant's share in the Estate of Dr. E. Te McLelland, said funds having been paid into the said Clerk of Mecklenburg County by C. M. Adams, Administrator of the Estate of Dr. E. T. McLelland | snd that the plaintiff in his affidavit prayed the Court that said funds might be atteched pending the outcome of the said suit against the de endant. i 2 THAT, in accordance with the affidavit to obtain att chment and the | affidavit for an order of publication and the undertakin: given by the plaintiff, all filed in this Court as requived by law, an order was made by this Court for service of summons by publication upon the above named defendant, and a warrant of attachment, directed to the Sheriff of Mecklenburg County, N. C., was issued against ‘he funds in the hands of the Clerk of Superior Court, Mecklenburg County, North Carolina; that an order was directed to said Clerk of Superior Court of Mecklenburg Couty, a8 garnishee, divecting said garnishee to appear and answer on the 20th day of July, 1938 as to what property belonging to the defendant said garnishee has in | ats possession; that notice of the action, required to be published, commanded the § defendant to appear on the 30th day of July, 1938, and enswer or demur to the ) Complaint of the plaintiff. 3. THAT, the notice of the action and of the issuing of summons and the mrrant of attachment, stating the names of the parties, the amount of the claim, and in a brief way the nature of the demand, and requiring the defendant to appear "the time and place named and answer or demur to the plaintiff s complaint, has teen duly published, as the law directs, in the S'atesville Daily, a newspaper a itl shed in Iredell County, North Carolina, by publieation of said notice once Week for four Successive weeks. 412 . THAT, the warrant of attachment and order to the siete have been duly served upon said garnishee by the Sherriff of Mecklenburg County, and thet ie q ganishee, in answer to said order to appear, has appeared on the 20th day of July, 1938, and shown to the Court that he has in his possession certain funds belongin to the defendant, to wit, the sum of one thousand three hundred and eighteen dollens and twenty three cents ($1,318.23), said funds being the defendant's share in the Estate of Dr. E. T. McLelland, and being held by the said garnishee for distribution to the defendant; and it appearing to the Court and being found as a fact by the Court that the summons and warrant of attachment issued in this action have been duly served upon the said defendant by the saidpublication and by the attachment of Proper belonging to the defendant within the jurisdiction of this Court. 5- THAT, the defendant above named has not appeared to answer or denur or noy to the plaintiff's complaint, and that the time for such appearance has expired, NOW, THEREFORE, IT IS HEREBY, ORDERED, DECREED, AND ADJUDGED: 1. THAT, the defendant, J. U. Norton, guardian of Mrs. Amanda 1. Norton, is indebted to the plaintiff in the sum of Two hundred and Sixty four dollars and forty five cents ($26.45), by virtue of the cause of action set forth more particularly in the affidavit and complaint of the plaintiff. 2. THAT, judgment by default final be granted in favor of the plaintiff and against the defendant in this action, and that the plaintiff recover of the defeniant the sum of two hundred sixty four dollars and forty five cents ($26.5) together wit the costs of the action all as prayed by the plaintiff in the affidavit and compleint setting out this cause of action. 3. THAT, execution be issued to the Bheriff, of Mecklenburg County, ". C., other lawful office, commanding him that out of the funds levied upon be satisfy the judgment aforesaid. IT FURTHER APPEARING TO THE COURT : 1. That the above mentioned warrant of attachment and notice of ganishment ¥ properly served upon Hon. J. Lester “olfe, Clerk of Super’or Court, Mecklenburg Cou North Carolina, and that, in answer to the notice of ganishment, the above named sarnishee came into this Court on the 20th day of July, 1938, and admitted that he holds the sum of one thousand three hundred and eighteen dollars and twenty three cents ($1,318.23) the same being the property of the defendant in this action: 2. THAT, service of summons by publication has been completed as to - defencant, J. U. Norton, guardian of Mrs, Amanda T. Norton, and that said defendant has failed to appear and answer or demur or move to the complaint of the plaintiff, W. H. Norton, and that judgment by default final has been granted in favor - said plaintiff and against the said defendant in the sum of two hundred sixty fou dollars and forty five cents ($26§.l15), together with the costs of the a“ 3- NOW, THEREFORE, IT IS HEREBY, ORDERED, DECREED, AND ADJUDGED: a 1. THAT, the above named garnishee pay to the plaintiff out of the Sum operty his possession belonging to the said defendant, said funds having been PP = dared sixty fo levied upon and attached under order of this Court, the sum of two hun noo and dollars and forty five cents ($264.5), together with the sum of Sixteen 413 $16. 70) the costs of this action, and that upon such payment this Judgment dollars ( pe satisfied as to the garnishee and that he and the funds held by him be released from further orders of this Court. 2, THAT execution be issued to the Sheriff of Mecklenburg County, N. C., or e e» other lawful officers commanding him thatoout of the funds levied upon, he satisfy the judgment aforesaid. AND, IT IS FURTHER ORDERED, DECREED, AND ADJUDGED: 1, That, upon satisfaction of the above set forth judgment the undertaking diven by the plaintiff, be, end it, declared null and void and of no effect and the pondsmen released. This the 15 day of August, 1938. C. G Smith Clerk of Superior Court Iredell County ( NORTH CAROLINA IN THE SUPERIOR COURT KECKLENBURG COUNTY W. He NORTON vs ORDER J. U. NORTON, Cuardian of irs, Amanda T. Norton This cause coming on to be heard, and being heard, on the petition of Zeb. Vv. Long, Jr, Attorney for the plaintiff W. H. Norton, and reference being made to the pleadin:=s and orders in the cause, and it appearing to the Court: 1. That judgment in favor of the plaintiff and against the defendant has been duly rendered, and that the plaintiff is, accordingly, entitled to have the amount of said judgment paid to it; 2. That said juigment directs the third party garnishee, J. Lester Wolfe, Clerk of Superior Court of Mecklenburg County, North Carolina, to pay the amount of the Judgment together with the costs of the action to bhe plaintiff out of the funds belonging to the defendant and now in possession of the said garnishee; 5e That said zarnishee has requ sted that an order be signed by this Court recting ang permitting him to release from the funds in his possession the amount Necessary to Satisfy the judgment: NOW, THEREFORE, the Court finds as a fact the judgment has been duly rendered unt of in thig cause in favor of the plaintiff and against the defendant in the amo Pabs, together with the costs of the action amounting to $16.70. TT IS, THEREFORE, ORDERED, DECREED AND ADJUDGEDs ior | 1. That the said third party garnishee, J. Lester Wolfe, Clerk of Super plaintiff from the defendant to wit, 0 curt of Mecklenburg County, North Carolina, pay to the ds in Said garnishee's possession the amount of the seid judgment, R26l,.45, together with the sum of $16.70 costs of the action. Fi 414 This the 30th day of November, 1938. W. Zs Hardin ——Wudge “Prestatag-——— Hoh at at a ah ae EE HEE Hh HEE EER ahh ea ae ee oe *e ey ” % * 44 North Carolina In the Superior Court Iredell County L. Be Mayhew, et al, trading under firm name of Mayhew & McNeely Co. vs Judgment A. M. Gabriel This cause coming on to be heard on Monday, Dec. 40, 190, before His Honor, C. G. Smith, C.S.C. and being heard and it appearing that all matters in controversy have been adjusted. It is therefore on motion of Z. V. Turlington, attorney for the plaintiff, ordered and adjuiged that this action be and the same is hereby non suited. The cost having heretofore been paid. Dec. 30, 190. C. G Smith Ulerk Superior Court. i a a a a a a ee ee eee et North Carolina In the Superior Court Iredell County Before the Clerk Morrison Manufacturing Co. 4 ) Vs. Judgment V. A. Lambert and A. T. McGalliard }j the This cause coming on to be heard before the undersigned Clerk on this 4 was 20th, of January, 191, and it appearing to the Court that: lst, This ect+on t was verified ed by ® filed in this court on December 12th, 190. 2nd. ‘That the complain 3rd. That the action is based on a written note. hth. ‘The note was secur td Chattel mortgage duly recorded in Burke County, Sth. The defendants are i and Com plaintiff in amount of $250.00. 6th. the time of the service of summons # filin or plaint on defendants was December lth, 190. 7th. the time has expired f the gs was on answer or pleading to complaint. 8th. Chattel mortgage by the defendant rty following property, 1 clothing case, 1 hat case, and two shirt units ans te 415 nade by plaintiff. It is therefore ordered, 1. Plaintiff recover Judgment of the defendants in the amount of $250.00 with interest at 6% from June 1kth, 1940 until paid, 2. That this Judgment be and it is declared a specific lien on the property. 3e That the defendants be taxed with the cost of this action. 4. That execution be issued against the defendants and failure by the Sheriff to collect the amount of this judgment then he shall sell the property herein listed, C. G. Smith Clerk of the Supertor Court. Pe SY J State of North carolina, In the Superior Court, Iredell County. Before the Clerk, ¥. H. Stewart, Administrator of Glenn Stewart } ) ) vs 4 JUDGMENT OF NON#SUIT ) ) Southern Railway Company This cause coming on to be heard before the undersigned Clerk of the Superior Court upon motion of Scott and Collier, Attorneys, for the plaintiff, and it appearing to the Court that the plaintiff now, through his counsel, desires to ‘ake @ volugjtary non-suit in this cause; It is, therefore, ordered and decreed that the action be, and the same is terevy non-suited and dismissed and that the plaintiff take nothing by his action. te plaintiff is taxed with the costs. Dated January 22nd, 191. C. G. Smith °« We Clerk Superior court Iredell Vounty Scott & Collier a RA. “oliter ‘mneys for Plaintirf 5 s Mei tla tatters sion last nils h le cee ip lle atin le tle let ctl ath nt teeth ot IN THE SUPERIOR court FIRST WEEK - JANUARY TERM 191 MONDAY, JANUARY 27th, te 41% 416 [ In the Superior Court. aii , AES Iredell County. IREDELL COUNTY. JANUARY TERM, 19h Be Rebecca Hamby, Administratrix 4 Be it remembored that a Superior Court was begun and held in and for the ii of Cameron M. Hamby ) ‘§ 1 Vi } comty and State aforesaid at the Courthouse in Statesville, N.C. on this the 27th # vs " PETITION FOR APPROVAL OF ATTORNEYS! pp 10:00 ote ‘ he ) . day of January, 191, at : o'c.ock AeM., when and where His Honor, J. H. Clement i Queen City Coach Company, q le nt, ‘ba a corpora tion ' Juige presiding and holding Courts in tiis the Pifteenth Judicial District, Spring PGR Term, 191, is present and presiding, and the Honoravle Charles L. Co gin, Solicitor To the Honorable Frank M. Armstrong, Resident Judge of the 15th Judicial District: and prosecuting attorney in this the Fifteenth Judicial District, is present and if . | u The petition of W. H. MeElwee of North Wilkesboro, and John A. Scott, of prosecuting in the name of the State, and John Whi-e Moore, High Sheriff of Tredell b j Statesville, respectfully shows to the Court: e ; ° Nabe county, 1s present and opened Court by order of the Court. ri lst. That they instituted the above entitled action in the Superior Court e aa. _ of Iredell County upon a claim for death by wrongful act on the part of the plaintire John White Moore, High Sheriff of “redell County returns into open Court the mee Administratrix against the Queen City Coach Company growing out of an automobile . 5 3 if collision that happened in St:tesville, N. C. in which the plaintiff's intestate wag names of the following good and lawful men to sefve as jurors for this the January ee fatally injured in a collision with a bus of the defeniant corporation. . : term, 191, Iredell Superior Court - and for a Grand Jury to serve fora period of | end. That the petitioners entered into an agreement with the said Adminis- a " - . tratrix with reference to their compensation for bringing said action, by which the Six Months ending June 30th, 191, as follows, to-wit; same was made subject to the approval of the Superior Court. . FP. Le Moore J. M. Goble John Shoemaker iene Beker 4rd. That said action was terminated at the Novenber Term of Iredell Superior : Ht Court and resulted in a compromise judgment by which the plaintiff recovered $2500.00 Jon T. Gilleland Kenneth Wilkinson He Ke Brawley C. G. Kennorly from the defendant, which is now available for distribution. }. Ae Woodfin le Me. Sarmard I. S. Yonnelly R. C. Holland a hth. That the services performed by the petitioners to the plaintiff con- iv sisted of investigation of the accident, reducing to writing and taking of statements ‘G. B. Hanna R. A. Abernathy Be P. Harris To. We. Critz i from the eye witnesses to the wreck in order to preserve the testimony, investization : : ‘| of the law relative to liability, which was denied by thedefendant, qualifying the ¥. R. Holland Flake Holland C. C. McLaughlin Me He Belk plaintiff as Administratrix, preparing the complaint and filing the action in form : pauperigin Iredell County and in prosecuting the action to a settlement with Mr. Jom R. C. Grose G. W. Nash Le E. Hayes W. J. Crater M. Robinson of the law fim of Robinson and Jones of Charlotte, who represented the ss defendant. That the petitioners have received no compensation whatever for their F, tT. Loftin Je He Weaver Lathan Hager Je Mie Aery services in the matter and that they are of the opinion that per cent of the ‘ amount of the judgment is a fair and just compensation for thelr services as such ‘tf. L. Collins We E. Hoover James Wi. Seville Je Be Rhyne attorneys. i. T. Curtis W. E. Hunter T. Me Rickert P. L. Shim ee . : ing WHEREFOIE, the petitioners pray that the Court will make an order, approving ; co such sum as to it shall seem just and proper for the services performed, to be paid The following men were duly drawn, sworn and empanelled to serve as the Grand te the said attorneys out of the proceeds of said judgment. Jury for the Six Months period ending June 40th, 191, as follows, to-wit: Respectfully submitted, 1. Loftin W. T. Curtis J. B. Rhyne W. He McElwee p +L. Shinn Lathan Hager Me He Belk John A. Scott ‘en Attormeys for the piaintiff “oon T, Gilleland John Shoemaker J. M. Goble “Mls Aery T. Me Rickert L. E. Hayes ORDER Le . = * % Hunter Kenneth Wilkinson Re C. Grose | ff ¥ F 1 tal Upon the foregoing petition and after personal appearance of the plainti " E. Hoover G. W. Nash Flake Holland | 1 s 6 +} sso } 1 . before the undefsigned, the Court is of the opinion that 430 (thirty) per cent 4 The following men were duly sworn to serve as the petit jury for this the rmed P i ” : fair and reasonable compensation for the said attomeys for the services perfo Ist Week of the January Term, 191, Superior Court of Iredell County, to-wit: in this matter and hereby approves such compensation in full of all services L. Moore C. 0. Kennerly R. C. Holland i, by the petitioners in this cause. A. Woodtin Gene Baker W. Re Holland J, ¥ Dated and signed at Troy, pec. 10, 190. 4. Weaver C. C. McLaughlin T. W. Critz i, Prank M. Armstrong v4 ot J Crater —_— R. A. Abernathy Resident Judge een — I. g, ¢ * Yonnelly eee * ee" FB. T. Loftin, sworn as Foreman of the Grand Jury. # do a a a i. B. White, sworn as Officer to the Grand Jury.