S T A T E M E N T O F C A S E
F O R T H E S U P R E M E C O U R T
Mary C. King, and others, Plaintiffs
vs
Susan Miller, and others, Defendants
"This was an action tried before McRae, judge, at Fall term, 1887, Mecklenburg Superior Court, for damages in the nature of waste. The plaintiffs are some of the heirs at law to one A. C. Miller, and the defendant, Susan Miller, his widow; and the other defendants the remainder of his heirs at law who would not join in the suit as plaintiffs.
"It was in evidence that at the death of said A. C. Miller, in 1865, that two hundred and fifty acres of land in one tract, and from three to four acres in another tract, were assigned to defendant Susan Miller as dower, and that she lived upon the larger tract, its being the home place."
T E S T I M O N Y : M C L U R E
McLure, witness for the plaintiff, testified that he lived adjoining dower tract. Miller died in 1865...Mr. Capt. Orr lived with Mrs. Miller pretty much ever since Mr. Miller's death, have seen him frequently hauling wood to town, but have not seen him getting it off the place - didn't make a regular business of it. Grandison, a former slave of Miller, lived on the place...Holton and Bob Orr lived on the place...Mrs. Miller has no children. Only way she can make a support is to rent her land.
T E S T I M O N Y : C A P O R R
"Cap Orr, witness for defendants, testified: -- I live on the place, nephew of Mrs. Millers. Have lived on the plantation twenty-one years, farmer and cropper for her. Went there in 1866. Some of it was very good upland, some branch bottom, no account.. Work it a year or two and throw it out. Upland, some pretty fair, some tolerably thin. Could make tolerably fair crops manuring the land. When it got so it would not pay to cultivate, we threw out some and took in others. Needed rails and fire-wood. Used the timber and fire-wood. Cleared off on plantation as far as we needed; hauled the rest to town and sold. I never did cut much pine stock. We have thrown out forty or fifty, maybe sixty acres. Don't pay to cultivate too poor. Cleared about thirty acres because we thought it was necessary to make a support to carry on the farm, and make a support for her and the tenants. Of the parts thrown out, some of it is barren, some in pine timber. Majority of it mighty nice timber. Value of that grown up in pines considerably more than when it was thrown out; improved very much. Fifteen or sixteen years ago I went there to (meadow) to get some timber to fence it. What was left was mostly small saplings, hickory and oak. I suppose Hunter ditched it. When I first knew meadow, tolerably fair grass in fall; in spring most all water - wet and boggy. One and one-half acres in meadow; balance of three acres in upland. Think it worth more now since it has been ditched. Never hauled good stocks. Hunter hauled and saw it, and haul her part back. When she needed lumber would get it from him on credit and then let him saw stocks to pay for it. We got one-fourth. None of it sold. In the summer season for fire-wood, would pick over the land, poles and dry wood. In winter would try to get some good solid wood; when the tops dying would cut down the trees. Sometimes we would cut a load of wood from where we were cutting fire-wood for winter and would sell it. Mr. Henry wanted to come and look over the place and see its condition; told him had better not do so unless he did so legally. Every year have sent some wood to town for sale. Not constant and steady thing; once in a while. Sometimes would haul several days; very seldom green wood, pine and oak. Sometimes got the tops of the pines; sometimes cut the trees down. I never filled contract to sell wood. Grandison has made contracts. Sometimes tenants would clear and what wood was not used on the place was sold. When I hauled wood to town with her team would keep half and give her half. Didn't ask her permission every time, but don't think I ever hauled a load of wood except under her direction. Bob Orr, Jas. Orr and Grandison hauled wood."
T E S T I M O N Y : M R S . M I L L E R
"Mrs. Miller, a witness in her own behalf, testified: From thirty to fifty acres have been thrown out; it got so poor could not make anything on it; it has grown up in pines. Don't know how much has been cleared; about thirty acres to get ground to support me. Had some stocks hauled to the mill to saw up for the use of the place; house, farm, palings, etc. No more cut than was necessary. Frazier sawed some, Hunter sawed some and another man. Had it sawed three times; never sold any. They cut and hauled it and gave me a fourth; customary if one cuts and hauls to get one-half; if they cut and haul to get one-fourth. Three acres laid off in separate tract, one and one-half acres meadow, one and one-half acres woodland.
P L A I N T I F F S 2 N D E X C E P T I O N
"Defendant offered to prove that she sold this tract some four or five years ago to one Hunter, but did not make him a deed and have any writing about it.
"Objected to by plaintiff on the ground that no title would pass and that defendants could not speak of the sale without showing deed. Overruled; testimony was admitted and plaintiffs excepted.
"Was not all cleared when I sold it; never got any wood off the meadow except to make rails for that place. My sister-in-law cut some wood off it before I sold it. I did not authorize her to do, or know of it at the time; did not cut very much from the land that we did not clear; got the stocks and made rails and fire wood; sold some little green wood, not much, had to have a support, it was necessary; I used the money, never laid any up. Am worse off now than when I started.
C R O S S E X A M I N E D
"After death of my husband, my nephew J. L. Orr came to live with me, and Cap Orr next year, and been living with me ever since. He has a wife and six children; live with me and have to have a support out of it. Jas. Orr lived there a while; wife and five children. Another brother Robt. Orr, lives there, he works the ground and gets his part. I can't work the place myself. Never sold any saw logs. There was a little left over one time, and he (Mr. Frazier) gave me some money, eight or ten dollars; can't say how much timber. Some little wood was hauled to town and sold; some of the forest has not been disturbed. We have hauled some wood since suit was brought; some occasionally, never much. Cap Orr runs a one-horse farm, attending to my stock and everything and gets one-half he makes. Robert Orr works one horse and gets one-third."
U S E Y O U R B R O W S E R ' S B A C K B U T T O N T O
R E T U R N T O T H E P R E V I O U S P A G E.
