W. C. Fisher
Vs. No. 35
Wm. Owen et al Nov. 30th 1901
The defendant admit for the purpose of th…[torn] that in the year 1852 Jonathan
Zachary entered a tract of land in the County of Jackson of 640 acres; that in 1852 there was a
grant issued by the state to Jonathan Zachary the boundaries of which grant are identical with
the boundaries set out in the deed from J. M. Zachary to Thomas Steen recorded in book 2 of the
Records of Deeds of Jackson Transylvania Co. on page 171; that that state grant
was properly recorded in Jackson County in which county the land was then situated; and that
that part of Jackson County is now included in the County of Transylvania.
The defendants make the above admissions for the purpose of their trial only and
say that they will not be bound by them upon any future trial and claim that Grant…
G. C. Galloway:
(Deed from Jonathan Zachary and wife to J. M. Zachary dated March
20th 1870 and recorded in Book No. 2 page
12…Deft. Objects Over. Dfts. Ex.
(Deed from J. M. Zachary to Thos. Steen [Stern?] dated June
23rd and recorded in book 2 at page
171
G. C. Galloway: Don’t know that I know where the entire lot of land lies—know
the Hickory from having it pointed out to me. Man who pointed it out to me is dead—Jonathan
Zachary pointed it out to me about the year 1859. He said he owned the land.
Deft. Obj. Over Deft. Ex.
Sam King who was Co. surveyor and who is dead also pointed it out to me. He
pointed it out to me as his and Zachary’s corner. He was there surveying land as Co.
surveyor.
Deft. Obj. Over. Defts. Ex.
2.
Jesse Owens also pointed it out to me.
(Cross-Ex.)
Jesse Owens was claiming 100 acres of land lying down the branch. Don’t know
that he was claiming at that spot.
Owens told me that the Hickory was claimed by Mr. Zachary as the corner of his
land.
Deft. Obj. Over. Deft. Ex.
He did not tell me who was the owner. A good many years after that he said
something about Stern’s [Steen’s?] land in there. I knew Thos. Stern in Greenville SC. Suppose
he is dead.
Owens told me that Dr. Lindsey came up there and wanted to sell him the land.
Owen said he told Lindsey that if he had a state grant he would buy his land and give him
something for it. Lindsey claimed to be an heir of Steen.
3. Was tax lister 6 yrs. ago last June. Plff[plaintiff?] came here and put his
land on tax books.
Knew where Jesse Owens claimed that his land was located on Bull Branch inside
of Steen boundary.
John Kizer:
Live in Hogback township and am not familiar with boundaries of Steen tract. I
was clearing land for Jesse Owens once and Jesse Owens dug an oak tree up and said it was a
corner of the Steen tract. He pointed back to Blue Ridge and said line went back that way. I cut
a tree and Owens said boys “you have played hell, you have cut down the Zachary and Steen line
tree the only one they had standing along here.” He was father of Deft. Owens
Cross-Ex.:
Know where saw mill was. Think from what I saw Rhymer’s mill must have been
below the line of the Steen tract. It must be more than a mile from where he pointed out line to
where mill was down the creek. He pointed from creek northeast toward Blue Ridge. Mill was down
creek a mile or more southeast from where we were.
Re-direct:
Know where some of timber was cut. Don’t know whether timber was cut and dragged
down to Mill.
Thos. B. Reed:
Am a surveyor. Ran tract known as Steen land. We began on a Hickory stump on top
of the Blue Ridge. This Hickory corner is on the top of the Blue Ridge. There is a Spanish oak
corner on top of the Ridge some distance from the Hickory but I don’t know what land it is the
corner of. It seems to me that the Hickory called for in J. M. Zachary Deed is the same Hickory
pointed out to me. Hickory is down now.
The Steens listed their land for taxes for 7 or 8 years while I was list taker.
One year in the last 4 or 5 Plff[plaintiff?]. I supposed listed their land.
Don’t know that it was ever required that owner should list their land by Metes
and bounds. Steen listed 640 acres of land on Indian Creek adjoining Jesse Owens.
Re-direct:
Don’t know how much land Dr. Fisher listed.
Transcribed by Linda Owen Anders, 2 May 2012. SOURCE: Mary
Jane McCrary collection, Rowell Bosse North Carolina Room, Transylvania County
Library.
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