{"id":354,"date":"2010-02-21T18:54:10","date_gmt":"2010-02-22T00:54:10","guid":{"rendered":"http:\/\/www.ncgenweb.us\/henderson\/?page_id=354"},"modified":"2013-05-19T20:11:14","modified_gmt":"2013-05-19T20:11:14","slug":"john-jones-estate-1854","status":"publish","type":"post","link":"https:\/\/ncgenweb.us\/henderson\/2010\/02\/21\/john-jones-estate-1854\/","title":{"rendered":"Jones, John (Sr) (1854)"},"content":{"rendered":"\n\n\n
<\/td>\n<\/td>\nPartial documentation.\u00a0 More will be added.ESTATE OF JOHN JONES SR.\u00a0 1859<\/strong> DOCUMENT #1<\/strong>State of North CarolinaHenderson County\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 In Equity<\/p>\n

To the honorable the judge of said court.\u00a0 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<\/strong><\/p>\n

<\/strong>Sheweth unto your honor that John Jones Sr<\/strong> recently died in the County of Henderson seized and possessed of a tract of land bound as follows\u00a0 Viz:\u00a0 Beginning on a large pine on the west side of Blue Ridge in William Millers<\/strong> line, W 100 poles across Lyda\u2019s<\/strong> branch passing a PO mark as a line 10 poles to a stake, N 110 poles to line W. O.\u00a0 E 100 poles to a stake then S 110 poles to the beginning.\u00a0 Another tract beginning at a SO in the said line of the above mentioned tract W 65 poles to a stake\u00a0 Davidson\u2019s line N 98 poles to a PO\u00a0 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.\u00a0 One other tract of six and a quarter and joining the\u00a0 other two and granted to John Brown<\/strong> beginning on a\u00a0\u00a0 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.\u00a0 Petitioners further show that they and the defendant Mary Brown <\/strong>are the heirs at law of said John Jones<\/strong> and as\u00a0 they are entitled to own undivided interest in said tract of land.<\/p>\n

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.\u00a0 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.<\/p>\n

DOCUMENT #2<\/p>\n

State of North Carolina\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 In Equity Spring Term 1861<\/p>\n

Henderson County<\/p>\n

To the Honorable the judge of the Court of Equity for Henderson County.\u00a0 The separate answer of John Brown<\/strong> and wife Mary<\/strong> to the Bill of complaint of\u00a0 Joseph Stepp and wife <\/strong>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 <\/strong>late of Henderson County died intestate, leaving the plaintiffs and the defendant Mary<\/strong> 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.\u00a0 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 <\/strong>father-in-law of the defendant John (Brown) <\/strong>and father of the defendant Mary<\/strong>, being in easy circumstances and able to assist defendant, the defendant John (Brown)<\/strong> 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)<\/strong> conveyed all the said land to the said John Jones<\/strong> in fee simple and the said intestate advanced the said sum of eight hundred dollars as aforesaid.\u00a0 The defendant kept the possession of the land and have had possession ever since.\u00a0 That the said intestate died shortly after this transaction and the defendant John (Brown)<\/strong> 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)<\/strong>.\u00a0 That in as much as the defendant John (Brown)<\/strong> is still unable to repay the said sum, so seemed, without a sale of said lands.\u00a0 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)<\/strong> and such other cost as may be evident to this proceeding.\u00a0 The defendant having answered prays to be dismissed.<\/p>\n

S. B. Gaston<\/strong>, Sol for Dfnds<\/p>\n

State of North Carolina<\/p>\n

Henderson County\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 John Brown<\/strong> 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.<\/p>\n

DOCUMENT # 3<\/strong><\/p>\n

State of North Carolina\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Joseph Step<\/strong> and wife et al<\/p>\n

Henderson County\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 vs\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 John Brown<\/strong> and wife<\/p>\n

Report of Sale to Fall Term 1862<\/p>\n

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<\/strong> and Isaac Arledge<\/strong> 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.<\/p>\n

Henry Farmer<\/strong><\/p>\n

CME<\/p>\n

I can find you the equity records, no report of sale nor any notes on file on that date of sale.\u00a0 I also find:<\/p>\n

1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 By affixant of John Brown <\/strong>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<\/p>\n

2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 That there were 8 shares in the estate<\/p>\n

3.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 That John Brown <\/strong>and wife Polly<\/strong> were entitled to 1\/8\u00a0\u00a0\u00a0\u00a0\u00a0 $125.25<\/p>\n

4.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 That I believe & exhibites to interest \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 473.63<\/p>\n

Principal\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 $598.92<\/p>\n

That by report May 20, 1863\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 300.00<\/p>\n

That by report July 18, 1864\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 211.00<\/p>\n

What ___ does not appear\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 $411.00<\/p>\n

DOCUMENT #4<\/strong><\/p>\n

State of North Carolina\u00a0\u00a0 Henderson County<\/p>\n

Heirs of John Jones<\/strong> Exparte.\u00a0 John Brown <\/strong>make oath before me that real estate of John Jones<\/strong> was sold by C.M. of Henderson County about or during the year 1862.\u00a0 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.\u00a0 Sworn to rememberance before me this 6 March 1873\u00a0 CM Pace\u00a0\u00a0 John Brown (his mark)<\/p>\n

Final as follows:<\/p>\n

Real Estate sold\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 1003.00<\/p>\n

There were 8 original heirs, each entitled to\u00a0 $125.35<\/p>\n

Robert Jones\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 125.35<\/p>\n

Joseph Stepp & wife\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 125.35<\/p>\n

Thomas Jones\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 125.35<\/p>\n

John Brown\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 125.35<\/p>\n

Isiah Latter and wife 1 \/4 of 1\/8\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0 \u00a08.75<\/p>\n

S. M. King and wife\u00a0 1 \/4 of 1\/8\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0 8.75<\/p>\n

G. W. Brown and wife 1 \/4 of 1\/8\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 8.75<\/p>\n

B. K. King 1 \/4 of 1\/8\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0 8.75<\/p>\n

Joseph U. King\u00a0 1 \/4 of 1\/8\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0 8.75<\/p>\n

Robert J. King\u00a0 1\/ 4 of 1\/8\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0 8.75<\/p>\n

A. W. Kilpatrick 1\/ 4 of 1\/8\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 10.42<\/p>\n

J. W. Lanning & wife\u00a0 1 \/4 of 1\/8 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0 8.75<\/p>\n

King\u00a0 1\/ 4 of 1\/8\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 8.75<\/p>\n

J.\u00a0\u00a0 ?\u00a0 & wife\u00a0 1 \/4 of 1\/8\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a08.75<\/p>\n

John Brown exhibits\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 $598.92<\/p>\n

Receipt of CME\u00a0 20 May 1863\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0 300.00<\/p>\n

Receipt of CME 13 July 1864\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 211.00<\/p>\n

Brown entitled to 1\/8 being the interest of Robert Jones <\/strong>conveyed to Joseph S. Brown<\/strong> by Joseph S. Brown<\/strong> to defendant John Brown<\/strong><\/p>\n

Brown and wife interest to 1\/8<\/p>\n

Conveyed to Joseph S. Brown & by Joseph S. Brown<\/p>\n

Conveyed to defendant John\u00a0 Brown 1\/8<\/p>\n

Brown entitled to James Stepp and wife Fanny\u00a0 =\u00a0 1\/8<\/p>\n

Brown entitled to John Jusstice & wife Polly\u00a0 + 1 \/4 of 1\/8<\/p>\n

Brown entitled to N. M. Kilpatrick\u00a0 1\/12 of 1\/8<\/p>\n

Brown entitled to Joseph U. King\u00a0 1\/14 of 1\/8<\/p>\n

Brown entitled to B. K. King\u00a0 1\/14 of 1\/8<\/p>\n

Brown entitled to R. J. King 1\/14 of 1\/8<\/p>\n

Brown entitled to J. J. King\u00a0 1\/14 of 1\/8<\/p>\n

Brown entitled to G. W. Brown and wife Fanny\u00a0 1\/14 of 1\/8<\/p>\n

Brown entitled to Isaiah Laughter\u00a0 1\/14 of 1\/8<\/p>\n

Brown entitled to Samuel King\u00a0 1\/14 of 1\/8<\/p>\n

Brown entitled to J. W. Lanning & wife Leah 1\/14 of 1\/8<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

Partial documentation.\u00a0 More will be added.ESTATE OF JOHN JONES SR.\u00a0 1859 DOCUMENT #1State of North CarolinaHenderson County\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 In Equity To the honorable the judge of said court.\u00a0 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 Read More<\/a><\/p>\n","protected":false},"author":17,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[16017],"tags":[],"class_list":["post-354","post","type-post","status-publish","format-standard","hentry","category-wills-and-estates"],"_links":{"self":[{"href":"https:\/\/ncgenweb.us\/henderson\/wp-json\/wp\/v2\/posts\/354","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/ncgenweb.us\/henderson\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/ncgenweb.us\/henderson\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/ncgenweb.us\/henderson\/wp-json\/wp\/v2\/users\/17"}],"replies":[{"embeddable":true,"href":"https:\/\/ncgenweb.us\/henderson\/wp-json\/wp\/v2\/comments?post=354"}],"version-history":[{"count":0,"href":"https:\/\/ncgenweb.us\/henderson\/wp-json\/wp\/v2\/posts\/354\/revisions"}],"wp:attachment":[{"href":"https:\/\/ncgenweb.us\/henderson\/wp-json\/wp\/v2\/media?parent=354"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/ncgenweb.us\/henderson\/wp-json\/wp\/v2\/categories?post=354"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/ncgenweb.us\/henderson\/wp-json\/wp\/v2\/tags?post=354"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}