Jones, John (Sr) (1854)

Partial documentation.  More will be added.ESTATE OF JOHN JONES SR.  1859 DOCUMENT #1State of North CarolinaHenderson County                          In Equity

To the honorable the judge of said court.  This bill of complaint of Joseph Stepp and wife Elizabeth Stepp, Thomas Jones, Robert Kilpatrick, Merrel Kilpatrick, William Kilpatrick, John Kilpatrick, Benjamin Kilpatrick, Ebenezer Kilpatrick, Benjamin Foster and wife Mary, Fanny Kilpatrick, Jane Kilpatrick, Elizabeth Kilpatrick, Nancy Kilpatrick, Marshall Prince and wife anne, Laura Kilpatrick, John Morris and wife Nancy, Martha Kilpatrick, Andrew Jones, William Jones, Hiram Jones, John King, J. U. King, Samuel King, Robert King, B. K. King, James Stepp and wife Leodicea, James Lanning and wife Leah, Jonathan Maxwell, Isaiah Laughter and wife Matilda, Dallas King a minor who sues by his next friend Hiram King, George W. Brown and wife Fanny, John Stepp and wife Elizabeth, Thomas King a minor who sues by his next friend Hiram King, John Jones, Thomas K. Jones, J. W. Jones, Eliza J. Jones and Sarah Ann Jones, minors who sue by their next friend Andrew Maxwell, Robert Jones, John Justice and wife Mary, Menil Kilpatrick, James Stepp and wife Anna, and John Brown and wife Mary

Sheweth unto your honor that John Jones Sr recently died in the County of Henderson seized and possessed of a tract of land bound as follows  Viz:  Beginning on a large pine on the west side of Blue Ridge in William Millers line, W 100 poles across Lyda’s branch passing a PO mark as a line 10 poles to a stake, N 110 poles to line W. O.  E 100 poles to a stake then S 110 poles to the beginning.  Another tract beginning at a SO in the said line of the above mentioned tract W 65 poles to a stake  Davidson’s line N 98 poles to a PO  Then East with said line 44 poles to a white oak his corner N 70 poles to a Red Oak E 180 poles to a chestnut oak 12 poles to a WO S 21 W 100 poles to a hickory grub and pointer, W 30 poles to a stake, N 74 poles to a stake West 100 poles S 146 to the beginning.  One other tract of six and a quarter and joining the  other two and granted to John Brown beginning on a   with his line W 55 poles to a stake 118 poles to a stake E 55 poles to a stake and North to the beginning.  Petitioners further show that they and the defendant Mary Brown are the heirs at law of said John Jones and as  they are entitled to own undivided interest in said tract of land.

They further shew unto your honor that the said tracts of land are poor mountain land and that owning to the great number of the claimants the said tract which from each other and may be as a whole cannot be advanced without manifest injury to all parties concerned and that a sale of the same is absolutely necessary to meet the end of justice.  In consideration of this premise may it please your honor to order the state writ of subpoena to be issued to the defendants commanding them to appear at the next session of this court on the first Monday after the fourth Monday in March and answer the said matters and things herein set forth and may it please your honor to order, adjudge, and sale of the premises above described upon such terms as to your honor may seem just and proper and grant such other relief as maybe necessary and proper and your petitioners will ever pray for.

DOCUMENT #2

State of North Carolina                In Equity Spring Term 1861

Henderson County

To the Honorable the judge of the Court of Equity for Henderson County.  The separate answer of John Brown and wife Mary to the Bill of complaint of  Joseph Stepp and wife and others in this court against themselves, as to so much and such part thereof spoken is advised is material for them to answer reserving all manner of exception as to us that it is true John Jones late of Henderson County died intestate, leaving the plaintiffs and the defendant Mary his heir at law and it is believed true that he died seized of the legal title to the land mentioned in the plaintiffs petitions but not in possession of any part thereof.  The fact is the defendant John Brown was seized and possessed of all the said land up to the fall of the year 1859 when he became embarrassed in his pecuniary matters and the said land was levied upon by the sheriff, with several executions and the intestate John Jones father-in-law of the defendant John (Brown) and father of the defendant Mary, being in easy circumstances and able to assist defendant, the defendant John (Brown) applied to him for assistance and the said intestate agreed to advance the sum of eight hundred dollars in payment of the debt of the defendant and take the said land as security therefore and let the defendant keep the possession and resident (of) the land where he got understanding the defendant John (Brown) conveyed all the said land to the said John Jones in fee simple and the said intestate advanced the said sum of eight hundred dollars as aforesaid.  The defendant kept the possession of the land and have had possession ever since.  That the said intestate died shortly after this transaction and the defendant John (Brown) has been as yet unable to return the said sum and interest and secure the said land. That although the said conveyance is absolute upon it fact it was intended by the parties to be but a security for repayment of said sum and interest and which fact it well known to many of the plaintiffs and several of them have agreed to surrender their interest in the said land to the defendant John (Brown).  That in as much as the defendant John (Brown) is still unable to repay the said sum, so seemed, without a sale of said lands.  The defendant submits to and thereof under an order of this court and insist that the proceeds there of be appropriated to the payment of the said debt and interest and that any balance of said proceeds of sale should be accrued be paid to the defendant John (Brown) and such other cost as may be evident to this proceeding.  The defendant having answered prays to be dismissed.

S. B. Gaston, Sol for Dfnds

State of North Carolina

Henderson County                John Brown swears that the matters of fact set forth is his answer as of his own knowledge are true and that not of his own knowledge he believes to be true.

DOCUMENT # 3

State of North Carolina                                                Joseph Step and wife et al

Henderson County                     vs            John Brown and wife

Report of Sale to Fall Term 1862

In obedience to an order of this honorable Court made at Fall Term 1862 and as directed for forty days I proceeded to sell at the Court House door in the town of Hendersonville the land in the pleading for and at which time and place John Brown became the purchaser his being the highest and last bid at the sum of one thousand and two dollars and has executed his with James S. Brown and Isaac Arledge as security payable twelve months after date with interest from day of sale which amount in the opinion of the Master is the full market value of said land and of which is respectfully submitted.

Henry Farmer

CME

I can find you the equity records, no report of sale nor any notes on file on that date of sale.  I also find:

1.                   By affixant of John Brown on file tract of land sale was made about 1862 and that John Brown became the purchaser at the same and gave his note to 6 months for $1002.00

2.                   That there were 8 shares in the estate

3.                   That John Brown and wife Polly were entitled to 1/8      $125.25

4.                   That I believe & exhibites to interest                         473.63

Principal                      $598.92

That by report May 20, 1863                                          300.00

That by report July 18, 1864                                        211.00

What ___ does not appear          $411.00

DOCUMENT #4

State of North Carolina   Henderson County

Heirs of John Jones Exparte.  John Brown make oath before me that real estate of John Jones was sold by C.M. of Henderson County about or during the year 1862.  That at said sale he became the last and highest bidder at the sum of $1002.00 for which amount he gave his note to CME.  Sworn to rememberance before me this 6 March 1873  CM Pace   John Brown (his mark)

Final as follows:

Real Estate sold                                    1003.00

There were 8 original heirs, each entitled to  $125.35

Robert Jones                                         125.35

Joseph Stepp & wife                              125.35

Thomas Jones                                       125.35

John Brown                                           125.35

Isiah Latter and wife 1 /4 of 1/8                  8.75

S. M. King and wife  1 /4 of 1/8                   8.75

G. W. Brown and wife 1 /4 of 1/8                 8.75

B. K. King 1 /4 of 1/8                                 8.75

Joseph U. King  1 /4 of 1/8                         8.75

Robert J. King  1/ 4 of 1/8                          8.75

A. W. Kilpatrick 1/ 4 of 1/8                        10.42

J. W. Lanning & wife  1 /4 of 1/8                 8.75

King  1/ 4 of 1/8                           8.75

J.   ?  & wife  1 /4 of 1/8                           8.75

John Brown exhibits                    $598.92

Receipt of CME  20 May 1863        300.00

Receipt of CME 13 July 1864          211.00

Brown entitled to 1/8 being the interest of Robert Jones conveyed to Joseph S. Brown by Joseph S. Brown to defendant John Brown

Brown and wife interest to 1/8

Conveyed to Joseph S. Brown & by Joseph S. Brown

Conveyed to defendant John  Brown 1/8

Brown entitled to James Stepp and wife Fanny  =  1/8

Brown entitled to John Jusstice & wife Polly  + 1 /4 of 1/8

Brown entitled to N. M. Kilpatrick  1/12 of 1/8

Brown entitled to Joseph U. King  1/14 of 1/8

Brown entitled to B. K. King  1/14 of 1/8

Brown entitled to R. J. King 1/14 of 1/8

Brown entitled to J. J. King  1/14 of 1/8

Brown entitled to G. W. Brown and wife Fanny  1/14 of 1/8

Brown entitled to Isaiah Laughter  1/14 of 1/8

Brown entitled to Samuel King  1/14 of 1/8

Brown entitled to J. W. Lanning & wife Leah 1/14 of 1/8

 

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