E L L W O O D , O R R & W I L S O N V S
P L U M M E R & F E R R I S
C O M P L A I N T
Mecklenburg County North Carolina
Superior Court Fall Term 1873
Soply Elwood, J. L. Orr and wife, Margaret Jane, and T. J. Wilson, Plntfs
against
R. A. Plummer and John Ferris, Dfdts
Complaint
Plaintiffs complain and allege
1. That A. Cunningham Miller, late of said County, died intestate in the year
18 , and that the plaintiffs Soply Elwood, M. J. Orr, wife of J. L. Orr, and T. J. Wilson are the only heirs at law of the said decd.
2. That the said plaintiffs as tenants in common and as such heirs at law of A. C. Miller are the owners in fee of a certain tract of land in said county containing about 44 acres, adjoining the land of Elam Hunter, Jackson Drum and Martin Alexander the same being one third of the Susannah Alexander tract.
3. That the defendants ^unlawfully withheld the possession thereof from plaintiffs.
Wherefore plaintiffs demand judgement
1. For the possession of said premises
2. For One Hundred Dollars damages for the withholding of the same
3. For costs of this action
Vance & Bumble Attys
J. L. Orr makes oath that the facts set forth in the above complaint are true, to the best of his knowledge and belief.
J. L. Orr
Sworn to and subscribed before me Nov. 19, 1873
C A Osborne C.S.C.
A N S W E R
Superior Court Mecklenburg County
Soply Elwood, J. L. Orr & wife Margaret Jane & T. J. Wilson - Plffs
against
R. A. Plummer & John Ferris - Defts.
Answer
The defendants, R. A. Plummer & John Ferris answering the complaint herein
I. Say - That it is true as set forth in the first allegation of said complaint that A. C. Miller died intestate some time in the year 1865 but they have no Knowledge of the other matters set forth in said allegation and hold plaintiffs to strict proof of the same.
II. The defendants deny all the other allegations of said complaint but over that the lawfull title to said land is in the defendant R. A. Plummer as they are advised and believe
III. That defendant Ferris is the tenant of his co defendant R A Plummer & hold same for him.
Bynum Jones & Johnston Defts. Attys
John A. Ferris and R. A. Plummer makes oath that the facts set forth in the foregoing answer are true to the best of his belief & as he is advised.
R. A. Plummer
John A. Faires
Sworn & Subscribed Before me 24 Nov 1873
C A Osborne CSC
By Wm Maxwell DC
B O N D
No. 123
Sophia Ellwood et al vs R. A. Plummer & another
Bond
Filed Spring Term 1875 in open court
Superior Court Mecklenburg County
Sophia J. Elwood J. L. Orr & wife Margaret J. & T. J. Wilson Plffs
against
R. A. Plummer & John Ferris Defts
Know all men by these presents that we R. A. Plummer
are held and firmly bound unto Sophia J. Elwood, J. L. Orr & wife Margaret J. and T. J. Wilson plaintiffs above name - in the just and full sum of Two Hundred Dollars lawful money for the payment of which well and truly to be made we do hereby bind ourselves our heirs executors and administrators firmly by these presents - Witness our hands and seals this the 12th day of January 1875.
The condition of above obligation is such that whereas the above named obligees have fought an action for certain real Estate which the defendant Plummer claims Now of said R. A. Plummer shall pay to the plaintiffs all such costs and damages as said plaintiffs may recover in the action then the bond to be void otherwise ____ face & efface= In testimony whereof we have hereunto set our hands and seals this the day and date above named.
R. A. Plummer {seal}
R. A. McNeely {seal}
William N. Black {seal}
F A C T S A G R E E D U P O N
Mecklenburg County Superior Court
Sophia Ellwood et al vs R. A. Plummer
In this case the following facts are agreed upon.
That plaintiffs are the heirs at law of Cunningham Miller, who died intestate.
That the land described in the complaint is in possession of defendant, who claims the same under the will of Susannah Alexander, decd, a copy of which will is attached.
That plaintiff claims said land under the deed from the Shff of Mecklenburg County which is hereto attached.
It is agreed that if the Court should be of opinion that the interest of defendants in the land devised by Susannah Alexander to her then daughters for life was liable to be sold under execution against defendants during the life of said daughters, then there shall be a judgement for plaintiffs for the possession of the premises and for Fifty Dollars damages, otherwise judgement for the defendant.
A. Burwell, atty for ptff
J U D G E M E N T
Mecklenburg County North Carolina
Superior Court Fall Term 1877
Sophia Ellwood et al Ptffs
against
Robert Plummer et al Dfdts
Judgment
The facts agreed upon between the parties above named having been submitted to this Court, and after hearing A. Burwell counsel for plaintiffs, and Jones & Johnston counsel for defendants, and due deliberation having been had thereon
It is adjudged that the plaintiffs do recover of the defendants the possession of the real property described in the complaint; and further that they recover of the defendants the sum of Fifty Dollars damages for the withholding thereof, and also the costs of their action to be taxed by the Clerk.
John Kerr Presiding Judge
C O S T
Superior Court Mecklenburg County
Sophia Ellwood et al
Against
Robt A Plummer
At a Superior Court held at the Court House in Charlotte, in the County of Mecklenburg on the 20 day of May 1878
Present, Hon. W. R. Cox, Judge
This action having been brought to trial by the Court, a trial by Jury having been waived and a decision therein rendered for the Plaintiff, it is now on motion of A Burwell Counsel for the Plaintiff
Adjudged, That the Plaintiffs recover of the Defendant, R. A. Plummer and his surety the costs of action to be taxed by the clerk.
Wm. R. Cox, Judge Presiding
A P P E A L
North Carolina Supreme Court January Term, 1878. 277 - Mecklenburg Co.
Sophia Ellwood et al vs Robt A. Plummer et al
Judgment
This cause came on to be argued upon the transcript of the record from the Superior Court of Mecklenburg County; upon consideration whereof this Court is of the opinion that there is no error in the record and proceedings of the said Superior Court;
It is therefore considered and adjudged by the Court here that the plaintiffs, the said Sophia Ellwood, J. L. Orr and wife Margaret, and T. J. Wilson, do recover of its defendants, the said Robert A. Plummer and Jno. Ferris the possession of the land described in the complaint in this cause;
It is further adjudged that the said plaintiffs do recover of the said defendants, and of R. A. McNeely and W. N. Black, the sureties on the defendants bond filed in this cause the sum of Fifty dollars ($50) damages for the detention of the land, with interest on said sum from the 15th day of November, 1877, that being the amount stated in the case agreed;
It is further adjudged that the said plaintiffs do recover of the said defendants and their surety for the appeal the costs of the appeal in this Court incurred, to-wit, the sum of twenty four and 50/100 dollars ($24.50) and let executions issue accordingly.
A true copy
Test: Wm H Bagley Clerk
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