Complaint

GEORGE W. KING, MARY CYNTHIA KING & THOMAS ELLWOOD

VS SUSAN MILLER

S U M M O N S

State of North Carolina

Mecklenburg County Superior Court

Be it remembered that on the 27th day of Oct 1884 G. W. King, M. C. King, Thomas & John Ellwood commenced a civil action against Susan Miller by issuing a summons in the following words, viz:

Superior Court Mecklenburg County

G. W. King, M. C. King, Thomas Ellwood & John Ellwood Plaintiff

Against

Susan Miller Defendant

To the Sheriff of Mecklenburg County -- Greeting

You are hereby commanded in the name of the State to Summon Susan Miller Defendant in the above action to appear at the next term of the Superior Court of Mecklenburg, at the Court-House in Charlotte, on the last Monday in February next, then and there to answer the complaint of G. W. King, M. C. King, Thomas Ellwood & John Ellwood, Plaintiff in this suit. And you are further commanded to notify the said Defendant that if he failed to answer the complaint, within the time specified, the said Plaintiff will demand judgment according to complaint filed and for costs and charges in this suit incurred.

Witness, J. R. Erwin, Clerk of our said Court, at office in Charlotte, this the 27th day of October 1884.

[ Bond of $200 posted by M. C. King & L. J. Walker, initialed by J. E. Brown, attorney for the Plaintiff ]

C O M P L A I N T

State of North Carolina Mecklenburg County

Spring Term 1885

G. W. King, M. C. King Thomas Ellwood John Ellwood Pltffs vs. Susan Miller Def

The Plaintiffs complaining allege

I. That A. C. Miller was in his life time seized in fee of lands in the county of Mecklenburg of which the premises here after described are a part

II. That on the day of 1865 being so seized he died intestate leaving the defendant Susan Miller his widow.

III. That the defendant Susan Miller thereafter entered upon and was possessed of her dower during her life of one third part of said lands to wit: the following described premises. Beginning at a B. J. Cynthia Robinsons corner & runs N 110 poles to a W. O. Parks corner. Thence with 4 of his lines S 81 E. 22 poles to a B. O. on west side of Thence along said road N 4 W 64 poles to a stake - Thence 1 W 88 poles to a stake - Thence N 11 E 28 poles to a B. O. on the east side of the Road on Bob Irwins line. Thence N 66 W 23 poles to a dead P. O. in a field - Thence S 27 poles to a small P. O. Thence N 87 W 57 poles to a B. O. & W. O. Irwins corner. Thence S 65 W 102 poles to a white oak on Road. Thence S 4 W 66 poles to a B. J. Thence S 10 E 21 poles to a B. O. in west side of branch - Thence S 13 W 25 poles to a hickory - Thence S 70 E 9 poles to a W. O. by Millers fence Thence S 20 W 80 poles to a B. O. Thence N 89 E 28 poles to a B. O. Thence S 75 E 142 poles to the Beginning containing 250 acres, and also one other tract, Beginning at a Stake in a meadow and runs N 82 W 5 1/2 poles to a dead B. J. Thence N 27 W 24 poles to a sweet Gum in a branch Thence N 58 E 28 poles to a dogwood on the old line. Thence with said line S11 W38 poles to the Beginning containing 2 1/2 acres.

IV. That Plaintiffs M. C. King, John Ellwood, Thomas Ellwood with one Sarah McDonald and A. C. Ellwood & S. E. Means as heirs at law of A. C. Miller were entitled to the reversion in one half of said described premises

V. Plaintiff G. W. King has intermarried with M. C. King. That A. C. Ellwood has transferred by deed in fee simple his interest in said property to M. C. King and S. E. Means and transferred her interest to one James McDonald.

V. That said Susan Miller, defendant with intent to injure plaintiffs, cut down and caused to be cut down large quantities of timber, Oak, hickory, Pine and other wood, and sold the same for fire wood, and to be cut into lumber - to great damage of Plaintiffs inheritance.

VI. That said defendant has caused a large amount of wood land to be cleared and turned into arable or cultivated field & meadow land converted into usable land by which said premises have been greatly damaged.

VII. That by the said conduct of defendant plaintiffs have been damaged to the amount of Five Hundred Dollars.

Wherefore the Plaintiffs demand Judgment

I. For Five Hundred Dollars

II. For possession of the places located and cost of action.

J. E. Brown Atty for Plffs

G. W. King one of the Plaintiffs makes oath that the facts set forth in foregoing complaint of his knowledge are true. Those upon information and belief he believes to be true.

Sworn & Subscribed Before me May 29th 1885

J. R. Erwin C.S.C.

G. W. his X mark King

Said cause was continued from term to term until Fall Term 1886 when the following record appears viz:

Mary C. King et al vs Susan Miller

Leave to amend complaint and to make other parties

A D D S U M M O N S

Superior Court Mecklenburg County

G. W. King, M. C. King, & others Plaintiff

Against

Susan Miller, Thos Wilson, J. L. Orr, Margaret Orr, James McDonald & Sarah McDonald, Defendant

To the Sheriff of Mecklenburg County -- Greeting

You are hereby commanded in the name of the State to Summon Thos Wilson, J. L. Orr, Margaret Orr, Jas McDonald & Sarah McDonald Defendant in the above action to appear at the next term of the Superior Court of Mecklenburg, at the Court-House in Charlotte, on the last Monday in August, then and there to answer the complaint of G. W. King, M. C. King and others, Plaintiff in this suit. And you are further commanded to notify the said Defendant that if he failed to answer the complaint, within the time specified, the said Plaintiff will demand judgment according to complaint and for costs and charges in this suit incurred.

Witness, J. R. Erwin, Clerk of our said Court, at office in Charlotte, this the --- day of --- 1886.

[ Bond of $200 posted by M. C. King & L. J. Walker, initialed by J. E. Brown, attorney for the Plaintiff ]

A M E N D E D C O M P L A I N T

State of North Carolina Mecklenburg County

Superior Court Fall Term 1886

G. W. King, M. C. King, Thomas Ellwood & Flora, Mary, Margaret, Lena, &

Allice Elwood infants & heirs at law of John Ellwood, by their next friend Harriet Ellwood Plffs

against

Susan Miller, James McDonald, Sarah McDonald, Thomas J. Wilson, J. L. Orr & Margaret Orr Defts

The Plaintiffs file this their amended complaint by leave of the court had & obtained -

I. That A. C. Miller was at the time of his death seized in fee of certain lands in the county of Mecklenburg of which the premises hereinafter described was a part.

II. That on the day of 1865 being so seized he died intestate, leaving the defendant Susan Miller his widow.

III. That the defendant Susan Miller soon thereafter had assigned to her, entered upon & was possessed of her dower, for the term of her life, which said dower is a part of said lands and described as follows - Beginning at a Black Jack Cynthia Robinson's corner [description of two parcels of land follows]

IV. That M. C. King, Thomas Ellwood, and Sarah McDonald, A. C. Ellwood, S. E. Means and John Ellwood as heirs at law of Sophia Ellwood decd a sister of said Miller, would be entitled to one undivided one half of the reversion in said land, but that said A. C. Ellwood has sold and conveyed his interest in fee to said M. C. King & said S. E. Means has sold and conveyed her interests to said James McDonald and the said John Ellwood having died his interest has descended to his heirs at law - Flora, Mary, Margaret, Lena and Alice Ellwood - the infants made plaintiffs, who sue by their next friend Harriet Ellwood and that Thomas J. Wilson & Margaret Orr wife J. L. Orr as heirs at law of Orr who was a sister of said Miller are entitled to the remaining undivided one half of said reversion.

V. That said J. R. McDonald, Sarah McDonald, Thomas J. Wilson, J. L. Orr & Margaret Orr declined to become plaintiffs in this suit and are therefore made defendants.

VI. That said Susan Miller defendant, with intent to injure plaintiffs, has cut down and caused to be cut down from said land large quantities of timber, oak, hickory, pine & other wood, for timber and for fire wood and sold the same to the great damage of plaintiffs inheritance.

VII. That the said defendant Susan Miller has cleared or caused to be cleared a large amount of wood land and turned the same into arable or cultivated fields when there was already a sufficient quantity of arable land to support her when she came into possession of said dower and caused meadow land to be converted into arable land, and permitted the land which was in cultivation to grow up in shrubs, bushes & trees & become wasted to the great damage of plaintiffs.

VIII. That by the said conduct of said defendant Susan Miller, and the several acts in the nature of waste done as set fourth. These plaintiffs have been damaged to the amount of Five Hundred Dollars.

Wherefore they demanded judgment.

I. For Five Hundred Dollars

II. For possession of place wasted and costs of suit

W. H. Bailey & J E Brown

Attys for Plaintiffs

G W King, one of the plaintiffs, makes oath that the facts set forth in foregoing complaint of his knowledge are true. Those facts set forth upon information and belief he believes to be true.

G. W. his X mark King

Sworn and subscribed this 13 day of before me

D. G. Maxwell JP

A N S W E R

North Carolina Mecklenburg County In Superior Court

G. W. King, M. C. King and others vs Susan Miller, James McDonald, Sarah McDonald, Thomas J. Wilson, J. L. Orr and Margaret Orr

The defandants Susan Miller answering the complaint of the plaintiffs Says:

I. That the allegations of first contained in teh 1st, 2nd, 3rd, 4th & 5th paragraphs thereof are true.

II. That the allegations contained in the 6th paragraphs are not true

III. That the allegation of first in the 7th paragraph contained are not true.

IV. That the allegations of first in the 8th paragraph are not true.

Wherefore having fully answered this defendant demands judgment that she be herein dismissed with her cost and disbursements.

H. C. Jones and G.F. Bason Attys for Susan Miller

Susan Miller being duly sworn says that the facts set fourth in the foregoing answer as of her own knowledge are true and those state on information and belief she believes to be true.

Sworn and subscribed before me this 3 day of March 1887.

S. C. Miller

J. P. Hunter J. P. {seal}

I S S U E S

Mecklenburg Superior Court Fall Term 1887

Mary C. King & others Heirs at Law of C. Miller vs Susan Miller et al

[ Jury trial took place ]

Issues

1. Did the defendant Susan Miller commit waste upon the lands described in

the complaint

Answer. No

2. What damage if any have the plaintiffs sustained by reason thereof