Miller Estate

A N D R E W C U N N I N G H A M M I L L E R E S T A T E

D E A T H

Andrew Cunningham Miller died 10 Feb 1865 and is buried at Sugaw Creek Presbyterian Church in Mecklenburg Co., NC.

B O N D

April 1865 - State of North Carolina, Mecklenburg County - James Wilson & James Flow take out bond to administer the estate of Andrew C. Miller. Wm McComb & J. M. Alexander stand for the bond on (14?) April 1865. Amount of bond is twenty thousand dollars. Witness is Wm Maxwell.

I N V E N T O R Y

An Inventory of the Estate of A. C. Miller, dec'd which came into the hands of his administrators James Wilson and James Flow.

Good Notes

1 Note on E. Nye Hutchison dated 25 Sept. 1862 for $225.00

1 Note on H.B & SS Williams date 1 Jan. 1862 for $260.38

1 Note on James M. Henderson dated 17th Mar. 1863 for $175.00/100 Confederate

1 Note Wm Boyd dated 1st Jan. 1862 for $28.00/100 Confederate

1 Note Doubtful Note Catherine E. Hutchison dated 31st Aug '49 for $160/10

Cr. on Same of One Dollar 2 decr 1857

2 shares of Stock in the Bank of Charlotte

1 shares of Stock in the Bank of North Carolina

List of Articles sold by James Flow & James Wilson administrators of A. C. Miller May 16, 1865 amounting in the aggregate $500.35

July 25, 1865 - Amt wheat sold $292.81

July 25, 1865 - Amt Oats sold $60.68

July 25, 1865 - Amt Cotton sold $53.96

Total $407.45

C O M P L A I N T

Meckenburg County In the Superior Court

Spring Term 1876

James Flow, administrator of A. C. Miller deceased vs William J. Black

Plaintiff complaining alleges that

1st. In the month of August 1864 the defendant had in his possession a negro boy named Moton, aged about 21 years & claimed to hold the same as his slave. That he sold the said boy to A. C. Miller as a slave for the sum of Five thousand two hundred ^Dollars And executed and delivered to the said A. C. Miller A Bill of sale with Covenants as follows: viz

Received of A. C. Miller Five thousand and two hundred dollars in full for one negro boy named Moton aged 21 years old, which Negro I worent Sound & healthy also I worent the title of said boy good in the claims of all persons whatever. Given under my hand & seal this 20 Aug 1864.

Test S A Harris

Signed W. J. Black {seal}

2nd. That said boy Moton at the time of said sale was not a slave. That he was free born, and had always been free. And was so known to be to the defendant when the Bill of Sale was executed.

3rd. That the said A. C. Miller departed this life in February 1865 _ And the plaintiff James Flow has been duly appointed & now is the Administrator for upon this estate.

Wherefore plaintiff demands Judgement against the defendant for Five thousand two hundred dollars with interest from Augt 20, 1864. And for Cost of this Action.

H W Guion Atty

A N S W E R

Superior Court, Mecklenburg County

James Flow, Admin of A. C. Miller against W. J. Black Dfdt

The defendant answers its complaint, and says

I. That he admits all the allegations contained in Sec. 1 of the complaint

II. That the boy Morton, mentioned in Sec 2 of the complaint, was a slave at the time of said sale, and that he, the said Morton, was in the service of said Miller or his administrators till he was freed by the government of the United States.

Vance & Bumble Attys

I S S U E S

James Flow Admst of A C Miller vs W J Black

Issues

1st Was the negro boy Morton described in the complaint free on the 20th of August 1864

2nd The amount of Damages

Guion & Flemming for Plaintiff

M O T I O N

State of North Carolina Mecklenburg County

In the Superior Court Spring Term 1877

James Flow Pltf against W. J. Black Defdt

By motion of W. W. Flemming of Counsel for Pltf per the above untitled Cause

It is ordered that a commission issue in this action directed to John W. Allen Esqr of Greensburg Green County Kentucky Counselor at law to examine under oath upon interogation to be annexed thereto Samuel A. Spencer, D. V. Toules, Mariah Patterson (Colored), & Hannes Patterson (Colored) & Bedford Morton of Green County Kentuckey Witnesses on behalf of the Plaintiff That the Defendant be at liberty to Join in the said Commission.

It is further ordered that the plaintiff shall give thirty days notice of the time and place of the taking said examination to the Defendants in this cause or the Counsel of Defendants but that the Costs of this motion abide the final determination of the actions.

D. Schenck Judge 9th Dist

J U D G M E N T

Superior Court Mecklenburg County

J. C. Flow, Adm against W. J. Black

At a Superior Court held at the Court House in Charlotte, in the County of Mecklenburg on the 20th day of May 1878

Present, Hon W. R. Cox, Judge, a trial by Jury having been waived, it is now on motion of A Burwell Counsel for the defendant Adjudged, That the defendant recover of the plaintiff and his surety the costs of action to be taxed by the Clerk.

Wm. R. Cox Judge presiding

C O S T

Clerks Office vs James Flow admr of A. C. Miller and Jas. R. McDonald

Judgt 20 May 1878

J. R. Erwin $5.20

E. A. Osborne 70

W. Maxwell 30

J. N. Caswell 60

A. B. Ally 400

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