Levi Arledge

From the research files of Pam Wilson <wilsonpam@mindspring.com>:

Inherited land of Isaac and Sally Arledge (Harriett's foster parents) on the south side of the Green River.

1840 census, Rutherford Co:

(p. 35)

Ben Holbird 0221001//2012001

Ben Edwards

ISAAC ARLEDGE 00002/0000 (Isaac and Greenberry?)

Joshua Camp

Rebecca Young

LEVY ARLEDGE 00001//0001 (Levi 20-30, Cynthia 15-20)

Greenberry Bandy 11001//0001 (next door)

(p 49)

Anson Nelson

Jonathan ARLEDGE 0021001 // 1111101 plus 1 male slave 36-55

Ann Thompson

(p 65) Coleman Bradley

Amos ARLEDGE 0000000001 (age 70-80, alone)

Henry Utley

1850 census, Rutherford County: LEVI ALDRIDGE (the only one in Rutherford County--where was everyone else?)

1860 census, Polk County (newly formed from Rutherford): lists JOHN ARLEDGE (30), CLEM (35), G.B. (33), LEVI (47) and JONATHAN ( with slave schedule)

1860 census lists Levi 47, Cyntha 38, Ulissus 16, Butler 14, Mary 12, Johnathan 10, Clement 8, Eliz 6, Arkwright 5, Harriet 3, and California (5 months).

1870 census, Polk Co, NC lists the following ARLEDGEs:

ELI (43)

JONATHAN (82)

LEVI (57)

ULISSUS (26)

BUTLER (24)

JONATHAN (21)

CLEMENT (46)

GREEN B. (53)

_______________________________________________________

LAWSUIT RECORDS REGARDING THE ESTATE OF

LEVI ARLEDGE 1904-1906

(from the loose estate papers of Levi Arledge of Polk County, NC found in the North Carolina State Archives in Raleigh, as transcribed by Pam Wilson, September 1999)

North Carolina

Polk County

Whereas Levi Arlege late of Polk County died seized and possessed of a tract of land in said county lying on the waters of Green River adjoining lands of Clem Arledge, Milo Foster and Speculation lands containing about 150 acres, and whereas we the undersigned heirs at law of said deceased are anxious to have said lands sold for division, we hereby authorize and empower J.E. Shipman as our attorney to file a petition in the Superior Court of said county to sell said lands for division.

Witness our hands and seals this ____day of ___ 1904 [date not provided]

[SIGNATURES]:

Clem Arledge Jr.

Elisebeth Arledge

Elizabeth E. McGraw

J.A.McGraw

______________________________________________________________________

[There is an identical document to the above with the following additional signatures:]

Dora Gowan

IsBelle Cantrll [sic]

J.F. Cantrell

John Morris

Carrie Morris

Ulysses Arledge

Ankey Arledge

elner [sic] Arledge

levi [sic] Arledge

Iowa Emery

C.H. Emery

Cora Atkins

J.E Atkins

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

Served J.B. Arlege March 4

C.C. Constant & wife Harriet Constant et al

Vs. John B. Arlege et al

Summons for Relief

Returnable to office of Clerk Superior Court of Polk County, 1905

Received Feby 13th 1905

Served Feby 10th 1905

On John B. Arledge, Johnathan Arledge and J.W. Arledge by reading the within summon to them

W.C. Robertson, Sheriff, Polk County

I hereby depute H.G. Foster to serve the within summon on Johnathan Arledge this March 14 1905

W.C. Robertson, Sheriff

Summons for Relief - Before the Clerk.

THE STATE OF NORTH CAROLINA IN THE SUPERIOR COURT Polk County.

C.C. Constant , wife Harriet Constant, Ulissus Arledge, JA McGraw,

Elisabeth McGraw, Clem Arledge, Ankey Arledge, Elmer Arledge,

Levi Arledge, Dora Gowen, John Gowen, John Morris, C.H. Emery

and wife Iowa Emery, J.F. Cantrell and wife Isabel Cantrell,

Cora Atkins and J.E. Atkins

vs.

John B. Arlege et al

THE STATE OF NORTH CAROLINA

To the Sheriff of Polk County - GREETING:

YOU ARE COMMANDED to summon John B. Arledge, Jonathan Arledge, T. W. Arlege, John McKinney & wife Arrinda McKinney, John Gosset & wife Cynthia Gosset, John Mahaffey & wife Lillie Mahaffey, Bertha Arledge, and Butler Arlege, the defendants above named, if they be found within your county, to appear at the office of the Clerk Superior Court, for the County of Polk on the 11 day of April 1905 and answer the complaint, a copy of which will be deposited in the office of the Clerk of the Superior Court of said County within ten days' from the date of this summons, and let the defendant take notice that if they fail to answer the said complaint at that time, the plaintiffs will apply to the court for the relief demanded in the complaint. Hereof fail not and of this summons make due return.

Given under my hand, this 13 day of Feb 1905

J.P. Arlege C.S.C.

Polk County

C. C. Constant et al; Harriet Constant et al

vs

John B. Arledge et al..

SUMMONS FOR RELIEF

Received February 15 1905

Dilligent Search and inquiry made and the Defendants John McKiny, Marrinda McKiny, John Gossett, Cynthia Gossett, John Mahaffey, Lillie Mahaffey, Bertha Arledg,e & Butler Arledge not found in Polk County

W. C. Robertson, Sheriff Polk Co.

THE STATE OF NORTH CAROLINA IN THE SUPERIOR COURT

Polk County

Summons for Relief-Before the Clerk.

C.C. Constant & wife, Harriet Constant, Ulissus Arlege, J.McGraw & Elizabeth McGraw, Clem Arlege, Ankie Arlege, Elmer Arlege, Levi Arlege, Dora Gowan, John Gowan, John Morris, C. H. Emery & wife Iowa Emery, J.F. Cantrell & wife Isabel Cantrel, Cora Atkins & J.E. Atkins

Vs.

John B. Arlege et al

THE STATE OF NORTH CAROLINA

To the Sheriff of Polk County--Greeting:

YOU ARE COMMANDED, to summon John B. Arlege, Johnathan Arlege, Lev Arlege, John McKinney & wife Arrinda McKinney, John Gosset & wife Cynthia Gosset, John Mahaffey & wife Lilie Mahaffey, Bertha Arlege, and Butler Arlege the defendants above named, if they be found within your county, to appear at the office of the Clerk Superior Court, for the county of Polk on the 11 day of April 1905 and answer the complaint, a copy of which will be deposited in the office of the Clerk of the Superior Court of said County within ten days' from the date of this summons, and let the defendants take notice that if they fail to answer the said complaint at that time, the plaintiffs will apply to the Court for the relief demanded in the complaint. Hereof fail not and of this summons make due return.

Given under my hand, this 13 day of Feb 1905

J.P. Arlege C.S.C.

AFFIDAVIT OF C.C. CONSTANT FOR ORDER OF PUBLICATION.

North Carolina, In Superior Court, Polk County, Before the Clerk,

C.C. Constant and wife, Harriet Constant, J.A. McGraw and wife, Elizabeth McGraw, Ulyses Arledge, Clem Arledge, Ankey Arledge, Elmer Arledge, Levi Arledge, John Gawan and wife, Dora Gawan, John Morris, C.H. Emery and wife, Iowa Emery, J.F. Cantrel and wife, Isabelle Cantrel, J.E. Atkins and wife, Cora Atkins,

    Vs.

John B. Arledge, Jonathan Arledge, T.W. Arledge, John Mahaffey and wife, Lillie Mahaffey, Bertha Arledge, Butler Arledge and John Gosset and Wife, Cynthia Gosset, John McKinna And wife Arrinda McKinna

C.C. Constant, one of the petitioners above named, being duly sworn, says:

1st. That the above named petitioners have instituted a proceeding in the Superior Court of Polk County to sell for division the lands of which Levi Arledge, deceased, late of said county, died seized and possessed, and of which the said petitioners and the defendants above named as his heirs-at-law, are now seized as tenants in common; said lands being situate in the County of Polk and State of North Carolina, lying on the waters of Green River, adjoining lands of Clem Arledge, Milo Foster and Speculation lands and containing about one hundred and fifty acres, and known as the Levi Arledge old home place.

2nd. That a summons, issued on the 13th, day of February, 1905, requiring said defendants to appear and answer or demur to the petition on the 11th, day of April, 1905, has been returned by W.C. Robertson, Sheriff of Polk County, with the following endorsement thereon, viz: "Diligent search made and the defendants, John Mahaffey and wife, Lillie Mahaffey, John Gosset and wife, Cynthia Gosset, Bertha Arledge and Butler Arledge and John McKinna and wife Arrinda McKinna not found in Polk County"

3rd. That the said defendants are not residents of the state and after due diligence cannot be found within the state.

4th. That the said defendants are necessary parties to said proceeding in that they are tenants in common with the petitioners: the said Cynthia Gosset. wife of John Gosset, being entitled to a one-fortieth (1/40) undivided interest subject to the courtesy of John Morris; and the said defendants, Lillie Mahaffey, wife of John Mahaffey, Bertha Arledge, and Butler Arledge being each entitled to a one-sixtieth (1/60) undivided interest, subject to the dower right of Ankey Arledge.

W H E R E F O R E, The said affiant asks the court to grant an order that service by publication be made on said defendants by the publication of a notice in four successive issues of "The Polk County News," a weekly newspaper published in said county.

C.C. (his X mark) Constant Affiant.

Sworn and subscribed before me this 21 day of February, 1905.

                                                                 J.P. Arlege

Clerk Superior Court.

ORDER FOR PUBLICATION

North Carolina, In Superior Court, Polk County, Before Clerk,

C.C. Constant et al,

Vs.

John B. Arledge et al.

It appearing from the foregoing affidavit of the petitioner, C.C. Constant, in the above entitled cause, that the defendants, John Mahaffey, Lillie Mahaffey, John Gosset, Cynthia Gosset, Bertha Arledge, Butler Arledge and John McKinna & wife Arrinda McKinna are non-residents of the State of North Carolina, and after due diligence cannot be found within the State; and it further appearing from said affidavit that the defendants are proper parties to said proceeding in that they are tenants in common with the plaintiffs to lands therein described:

It is, therefore, on motion of J.E. Shipman, attorney for plaintiffs, ordered and adjudged that service be made on said defendants by the publication of a notice in four successive issues of "The Polk County News," a weekly newspaper published in Polk County; said notice to contain the title of the proceeding, the purpose of the same, and to require the said defendants to appear and answer or demur to the petition on the 11th, day of April, 1905.

This the 21 day of February, 1905.

J.P. Arlege

Clerk Superior Court

NOTICE OF SUMMONS

North Carolina.

In Superior Court before Clerk.

C.C. Constant and wife, Harriet Constant; J.A. McGraw and wife, Elizabeth McGraw; Ulyses Arledge, Clem Arledge, Ankey Arledge, Elmer Arledge, Levi Arledge, John Gowan and wife, Dora Gowan; John Morris, C.H. Emery and wife, Iowa Emery; J.F. Cantrel and wife, Isabelle Cantrell; J.E. Atkins and wife, Cora Atkins,

Vs.

John B. Arledge, Jonathan Arledge, T.W. Arledge, John Mahaffey and wife, Lillie Mahaffey; Bertha Arledge, Butler Arledge, and John Gosset and wife, Cynthia Gosset, John McKinna and wife Arrinda McKinna.

The above named defendants, John Mahaffey, Lillie Mahaffey, Bertha Arledge, Butler Arledge, John Gosset, Cynthia Gosset, John McKinna and Arrinda McKinna, will take notice that a proceeding entitled as above has been commenced in the Superior Court of Polk county to sell for division the lands of which Levi Arledge, deceased, died seized and possessed, and of which the above named plaintiffs and defendants as his heirs at law are now seized as tenants in common; said lands being situated in the county of Polk and state of North Carolina, lying on the waters of the Green River, adjoining the lands of Clem Arledge, Milo Foster, and Speculation lands and containing about one hundred and fifty acres, known as the Levi Arledge old home place. And the said defendants will further take notice that they are required to appear before the undersigned Clerk of the Superior court, at his office in Columbus on the 11th day of April 1905, and answer ordemur to the petition of plaintiffs, or the plaintiffs will apply to the court for the relief demanded in petition.

J.P. Arledge,

Clerk Superior Court.

This 21st day of February 1905.

C.C.Constant et al

vs.

John B Arledge et al

SUMMONS FOR RELIEF

Returnable to office of Clerk

Superior Court of Polk County on 11th day of April 1905

I hereby accept service of within summons this March 20th 1905

F.M. Burgess

Guardian ad litem

^^^^^^^^^^^^^^

THE STATE OF NORTH CAROLINA

IN THE SUPERIOR COURT

POLK COUNTY

Summons for Relief -Before the Clerk.

C.C. Constant et al

Vs.

John B. Arlege

THE STATE OF NORTH CAROLINA

To the Sheriff of Polk County-- Greeting:

YOU ARE COMMANDED, to summon F.M. Burgess guardian ad litem for the defendants Lillie Mahaffey, Bertha Arlege, Butler Arlege, and Cynthia Gosset the defendant above named, if he be found within your county, to appear at the office of the Clerk Superior Court, for the county of Polk on the 11th day of April 1905 and answer the complaint, a copy of which will be deposited in the office of the Clerk Superior Court of said County within ten days' from the date of the summons, and let the defendant take notice that he is required to appear and file a written answer to the petition. Hereof fail not and of this summons make due return.

Given under my hand, this 20th day of March 1905

J.P. Arlege C.S.C.

Polk County

^^^^^^^^^^^^^^^^^^^^^

North Carolina, In Superior Court, Polk County, Before Clerk.

C.C. Constant and wife, Harriet Constant, J.A. McGraw and wife, Elizabeth McGraw, Ulyses Arledge, Clem Arledge, Ankey Arledge, Elmer Arledge, Levi Arledge, John Gowan and wife, Dora Gowan, John Morris, C.H.Emery and wife, Iowa Emery, J.F. Cantrel and wife, Isabelle Cantrell, J.E.Atkins and wife, Cora Atkins,

Vs.

John B. Arledge, Jonathan Arledge, T.W. Arledge, John Mahaffey and wife, Lillie Mahaffey, Bertha Arledge, John Gosset and wife, Cynthia Gosset, and John McKinna and wife, Arrinda McKinna.

To the Clerk of the Superior Court of Polk County:

The petitioners above named, complaining of the defendants, allege:

1st. That the said plaintiffs and defendants are tenants in common, seized in fee-simple and in possession of the following described lands lying and being in the County of Polk and the State of North Carolina, lying on the waters of the Green River, adjoining lands of Clem Arledge, Milo Foster, and Speculation lands, containing about one hundred and fifty acres, and being lands of which Levi Arledge died seized and possessed, and known as the Levi Arledge old home place.

2nd. That the interests of the said plaintiffs and defendants in said lands, as individuals, is as follows: Harriet Constant, wife of C.C. Constant, Elizabeth McGraw, wife of J.A. McGraw, Ulyses Arledge, Clem Arledge, Arrinda McKinna, wife of John McKinna, John B. Arledge, Jonathan Arledge and Thos. W. Arledge are each entitled to a one-tenth (1\10) undivided interest; Iowa Emery, wife of C.H. Emery, Isabelle Cantrel, wife of J.F. Cantrel, Cora Atkins, wife of J.E. Atkins, and Cynthia Gosset, wife of John Gosset are ach entitled to a one-fortieth (1\40) undivided interest; and Dora Gowan, wife of John Gowan, Lillie Mahaffey, wife of John Mahaffey, Elmer Arledge, Levi Arledge, Bertha Arledge and Butler Arledge are each entitled to a one-sixtieth (1\60) undivided interest.

3rd. That the defendants, Lillie Mahaffey, Bertha Arledge and Butler Arledge are minors without any guardian, and the defendant Cynthia Gosset, is a lunatic without guardian.

4th. That the petitioners desire to hold their interests in said lands, or the proceeds, thereof, in severalty.

5th. That an actual partition of the lands themselves cannot be made without injury to the parties interested, owing to the small number of acres to which each would be entitled by a division.

6th. That the sale of the lands would be more advantageous to all the parties interested than an actual partition thereof.

WHEREFORE, the petitioners pray that the court will appoint some competent person to sell said lands, after due advertisement, to the highest bidder for cash, and report his proceedings in regard to said sale within ten days after sale into the office of the court.

J.E. Shipman

Attorney for Petitioners

C.C. Constant, one of the petitioners above named, being duly sworn, says: That he has read the forgoing petition and that the same is true of his own knowledge except as to matters therein stated on information and belief, and as to those matters he believes it to be true.

J.P. Arlege

Clerk Superior Court.

^^^^^^^^^^^^^^^^^^^

ANSWER

North Carolina, Superior Court, Polk County. Before the Clerk.

C.C.Constant, et al.,

Vs.

J.B. Arledge, et al.

The defendants in the above entitled action, J. B. Arledge, John McKinney and wife Rena McKinney, in answering the petition of the plaintiff, say:

1. That the facts set forth in paragraph first of said petition they deny to be true, and aver that they are tenants in common as alleged in that part of said land, if any, which is not covered by deed recorded in said county from ________ [nothing filled in] Arledge to J.B. Arledge and Rena McKinney, and are sole seized in that part of said land to which they hold a deed now on record from the said Arledge to the said J.B. Aredge and Rena McKinney, to which deed they refer and ask that it be made a part of this answer.

2. That the facts set forth in paragraph second of said petition are denied in so far as they refer to the interest of the said parties in that part of the said land which belonged solely to the said J.B. Arledge and Rena McKinney.

Wherefore the said defendants ask that issues be framed by the clerk as to the ownership of the said defendants as to the land conveyed to them as aforesaid, and that the same be sent to the superior court in term time to be tried as provided by law.

Smith & Valentine

Attys for Defts.

J.B. Arledge, one of the defendants above named, being duly sworn, says: That he has read the foregoing answer; that the same is true of his own knowledge except as to matters therein stated on information and belief, and as to those matters he believes it to be true.

Sworn to and subscribed before me,

April 5 1905.

T. D. Morris

Notary Public

Order appointing Guardian Ad Litem.

North Carolina, Superior Court,

Polk County, Before Clerk.

C.C. Constant et al

    Vs.

John B. Arledge et al.

It appearing from the affidavit of John Carnegie, editor of The Polk County News, that the summons in the above entitled cause as to the defendants, John Mahaffey, Lillie Mahaffey, Bertha Arledge, Butler Arledge, John Gosset and Cynthia Gosset has been published in four successive issues of said paper, pursuant to an order made in the cause on the ___ [not filled in] day of February, 1905, and it further appearing in the petition filed herein, that the defendants, Lillie Mahaffey, Bertha Arledge and Butler Arledge are minors without guardian, and that the defendant, Cynthia Gosset is a lunatic without guardian; It is therefore ordered that F.M. Burgess a reputable citizen of Polk County, who is duly qualified to represent the interests of said defendants, be and he is hereby appointed guardian ad litem for said defendants, and it is further ordered that a summons and a copy of the petition herein filed be served on the said guardian requiring him to appear and file a written answer on the 11th, day of April, 1905.

This the 20th, day of March, 1905.

J.P. Arlege C.S.C.

North Carolina, Superior Court,

Polk County, Before Clerk,

C.C. Constant et al,

Vs.

John B. Arledge et al.

Affidavit of John Carnegie.

John Carnegie being duly sworn says:

    That he is the editor of The Polk County News, a weekly newspaper published in Columbus, Polk County, North Carolina, and that the annexed notice of summons as to the defendants, John Mahaffey, Lillie Mahaffey, Bertha Arledge, Butler Arledge, John Gosset and Cynthia Gosset has been published in four successive issues of said paper, beginning with the issue of February 23rd, 1905, and ending with the issue of March 16th. 1905.

John Carnegie Editor.

Sworn to and subscribed before me this 20th, day of March, 1905.

J.P. Arledge C.S.C.

(Answer) of the F.M. Burgess Guardian Adlitem

North Carolina; In the Superior Court, Polk County, Before the Clerk

C C Constant Et al

    Vs.

J B Arlege et al

F.M. Burgess, Guardian Ad litem for Liley Mahaffey, Burtha Arledge, Butler Arlege (minors) and Cynthia Gosset (Lunatic) answering the petition says first; that the allegations contained in paragraph one of the petition are admitted.

The allegations contained in paragraph two are admitted.

Third: The guardian believes that it would be to the interest of the said infants and lunitic [sic] to hold their interest in said land or the proceeds thereof in severalty and that a sale of the land would be more advantageous to them than an actual partition and therefore ask the relief prayed for in the petition be granted.

F.M. Burgess, Guardian Ad litem

F.M. Burgess Guardian Adlitem above named being duly sworn says that he has read the foregoing answer and that the same is true of his own knowledge except to maters [sic] therein stated on information and belief and as to those maters [sic] he believes to be true.

This 11 day of April 1905

J.P. Arlege C.S.C.

[reverse side]

C.C. Constant et al

    Vs.

J.B. Arlege et al

Answer of F.M. Burgess Guardian ad lit.

Filed April 11, 1905

J.P. Arlege C.S.C.

^^^^^^^^^^^^^^^^^^^

[RECEIPT/BILL OF SALE]

Columbus, N.C., May 4th 1905

C.C. Constant, Lynn, N.C.

To POLK COUNTY NEWS, DR

John Carnegie, Publisher.

THE BEST OF BOOK AND JOB PRINTING

Publishing Notice

of Summons

from Feb.16th to

March 30th, 1905

6 times 45 lines $5.00

Paid

John Carnegie

(Due…?) C.C. Constant

^^^^^^^^^^^^^^^^^^^^^^^

North Carolina, Superior Court; Polk County,

Jan. Special Term, 1906

C.C. Constant et al.

Vs.

J.B. Arledge et al.

REPLY.

The plaintiffs in reply to the averment of sole seizen set up in the answer of J.B. Arledge, John McKinna and Rena McKinna to that part of the land described in the petition which they allege was conveyed to John Arledge and Rena McKinna by deed from Levi Arledge, say:

1st. That at the time of the attempted execution of the said deed the said Levi Arlege was a very old man and in very ill-health, and as plaintiffs are informed to believe, was and had been for several years prior thereto, totally and wholly disabled by reason of mental impairment to transact any business with safety to his own interest, and that said pretended deed was void by reason of his incapacity to execute same.

2nd. That the extreme age, ill-health and mental weakness of the said Arledge rendered him an easy prey in the hands of fraudulent and designing persons, and as plaintiffs are informed and believe, the said J.B. Arledge and Rena McKinna taking advantage of his extremely weak mental and physical condition, by means of fraud, coercion and undue influence, procured the execution of said pretended deed without any valuable consideration therefor [sic].

Wherefore the plaintiffs pray that the said deed be cancelled and that the relief prayed for in the petition be granted.

J.E. Shipman

Attorney for Plff.

C.C. Constant being duly sworn, says: That he has read the foregoing reply and that the same is true of his own knowledge except as to matters therein stated on information and belief and as to those matters he believes it to be true.

J.P. Arlege

Clerk Superior Court.

^^^^^^^^^^^^^^^^^^^

C.C. Constant et al

Vs

J.B. Arledge et al

Reply

Filed Jan 18 1906

J.P. Arlege C.S.C.

Polk County - In the Superior Court

STATE OF NORTH CAROLINA,

To the Sheriff or other Lawful Officer of Polk County - GREETING:

You are hereby commanded to summon Clem Arlege Jr, James Arlege, Nun Arlege, H.P. Arlege, J.R. Williams to appear before the Honorable Judge of the Superior Court of Polk County, at the Court now being held for said County, at the Court House in Columbus INSTANTER, to give evidence in a case action, then and there to be tried, wherein C.C. Constant et al are Plaintiffs, and J.B. Arlege et al Defendants, on the part of the Plff.

Herein fail not, at your peril.

This 16 day of Jan, 1906

J.P. Arlege

Clerk of Superior Court Polk County

[REVERSE SIDE]

I hereby depute C C Constant to serve the within subpoena this Jany 16 1906

W.C Robertson Sheriff

C C Constant et al

Vs.

J.B. Arlege et al

Jan special Term, 1906

Served on Clem Arlege, James Arledge, Nun Arledge, H.P. Arledge, J.R. Williams by reading the within subpoena to them

W.C. Robertson, Sheriff

C.C. Constant DS

^^^^^^^^^^^^^^^^^^^^

Polk County - In the Superior Court

STATE OF NORTH CAROLINA,

To the Sheriff or other Lawful Officer of Polk County - GREETING:

You are hereby commanded to summon F. M. Burgess Reg. of Deeds to appear before the Honorable Judge of the Superior Court of Polk County, at the Court now being held for said County, at the Court House in Columbus INSTANTER, to give evidence in a civil action, then and there to be tried, wherein C.C. Constant et al are Plaintiffs, and J.B. Arlege et al Defendants, on the part of the Plff.

Herein fail not, at your peril.

This 18 day of Jan, 1906

J.P. Arlege

Clerk of Superior Court Polk County.

[REVERSE SIDE]

C.C. Constant et al

Vs.

J.B. Arlege et al

Special Jan Term, 1906

Received Jany 18 1906

Served Jany 18 1906

On F.M. Burgess by

Reading the within

subpoena to him

W.C. Robertson Sheriff

Polk County - In the Superior Court

STATE OF NORTH CAROLINA

To the Sheriff or other Lawful Officer of Polk County - GREETING:

You are hereby commanded to summon C. E. Justice to appear before the Honorable Judge of the Superior Court of Polk County, at the Court now being held for said County, at the Court House in Columbus 18 Jan 1906, to give evidence in a civil action, then and there to be tried, wherein C.C. Constant et al is Plaintiff, and J.B. Arlege et al Defendants, on the part of the Plff.

Herein fail not, at your peril.

This 18 day of Jan, 1906.

J.P. Arlege

Clerk of Superior Court Polk County.

_

[REVERSE SIDE]

I hereby depute W. R. Turner to serve the with subpoena this Jany 17 1906

W.C. Robertson Sheriff

C.C. Constant et al

vs.

J.B. Arlege et al

To Jan special Term, 1906

Received Jany 17 1906

Served on C. E. Justice

Jany 18 1906 by reading

the within subpoena to him

W.C. Robertson Sheriff

____________________________

Polk County - In the Superior Court.

STATE OF NORTH CAROLINA,

To the Sheriff of Polk County - Greeting:

You are Hereby Commanded to summon Clem Arlege sen., Ms. Mary Hill, Cordie Jones (if to be found in your County), personally to be and appear before his Honor, the Judge of our Superior Court, at a Court to be held at the court-house in Columbus on the 7th Monday after the 1st Monday in March next, then and there to testify in behalf of the Plff in a certain matter therein pending, wherein C.C. Constant et al Plaintiffs, and J.B. Arlege et al Defendants.

Herein fail not, at your peril.

Issued this the 2 day of April 1906

J.P. Arlege, Clerk.

[REVERSE SIDE]

C. C. Constant et al

Against

J.B. Arlege

• ****************

SUBPOENA

For Clem Arlege sen

Ms. Mary Hill

Cordie Jones

To Spring Term, 1906

Polk Superior Court

Served on Clem Arlege

Ms. Mary Hill & Cordie Jones

W C Robertson Sheriff

Polk Superior Court.

W R Turner DS

Polk County - In the Superior Court.

STATE OF NORTH CAROLINA,

To the Sheriff of Polk County - Greeting:

You are hereby commanded to summon Govan Constant, J.P. Constant, J.L. Jackson, J.L. Smith, H.P. Arlege, Clarence Justice (if to be found in your County), personally to be and appear before his Honor, the Judge of our Superior Court, at a Court to be held at the court-house in Columbus on the 7th Monday after the 1st Monday in March next, then and there to testify in behalf of the Defts in a certain matter therein pending, wherein C.C. Constant et al Plaintiffs, and J.B. Arlege et al Defendants.

Herein fail not, at your peril.

Issued this the 6 day of April 1906

J. P. Arlege , Clerk.

[REVERSE SIDE]

C.C. Constant et al

against J.B. Arlege et al

• ******************

SUBPOENA

For Govan Constant,

J.B. Constant

J.L. Jackson

H.P. Arlege

Clarence Justice

J.L. Smith

To Spring Term, 1906

Served on Govan Constant

J.B. Constant, J.L. Jackson,

H.P. Arlege, Clarance Justice,

J.L. Smith

W C Robertson Sheriff

By WB Turner DS

North Carolina Polk County

In the Superior Court Before the Clerk

JUDGEMENT OF COURT

C.C. Constant et al

    Vs.

J.B. Arlege et al

This cause coming on to be heard and it appearing to the court that issues of facts have been raised by the pleadings, it is therefore ordered that the cause be transferred to the civil issue Docket of the superior court of said court to be held by a jury in Term time.

This April 11, 1906

J.P. Arlege C.S.C.

In Superior Court. North Carolina, Polk County,

C.C. Constant et al.

    Vs.

John B. Arledge et al.

APPLICATION OF PLAINTIFFS FOR ORDER TO EXAMINE DEFENDANT, JOHN B. ARLEDGE.

To J.P. Arledge, Clerk Superior Court:

The plaintiffs in the above entitled action respectfully applies to the Court for an order for the examination of John B. Arledge, a defendant in said action, under the provisions of law providing for the examination of parties.

This April 2nd. 1906.

J.E. Shipman

Attorney for Plaintiffs.

ORDER FOR THE EXAMINATION OF J.B. ARLEDGE

North Carolina, In Superior Court. Polk County,

C.C. Constant et al.

    Vs.

J.B. Arledge et al.

Upon the application of the plaintiffs in the above entitled action, it is adjudged that they are entitled to take the examination of J.B. Arledge, the above named defendant, under the statutes providing for the examination, and it is ordered that such examination be had in Columbus, Polk County, North Carolina, before the undersigned, at his office in the court-house in the town of Columbus on the 14th, of April,1906, at 10 o'clock, A.M., when and where the said defendant will be required to appear and be examined, such examination to be taken down in writing.

This the 2nd. Day of April,1906.

J.P. Arlege

Clerk Superior Court, Polk Co.

NOTICE TO JOHN B. ARLEDGE.

North Carolina, In the Superior Court,

Polk County,

C.C. Constant et al.

Vs.

John B. Arledge, et al.

To John B. Arledge esq.,

In pursuance of an order made by the Court, upon the application of the plaintiffs, you are hereby required to appear before the undersigned for examination concerning the matters in controversy in the above en-titled action, at his office in the court house in the town of Columbus, on Saturday, April 14th, 1906, at 10 o'clock, A.M., such examination to be conducted under the statutes providing for the examination of parties.

You will herein fail not under the penalties prescribed by statute.

This the 2nd, day of April, 1906.

J.P. Arlege

Clerk of the Superior Court of Polk County

(on reverse side)

Original

C.C. Constant

Et al

Vs

J.B. Arlege et al

Notice to J.B. Arlege

Received April 3rd

1906 Served April7th

1906 on

John B. Arlege

By reading the within

Notice to him and

Delivering to him a

copy of the within notice

W.C. Robertson

Sheriff

EVIDENCE OF J.B. ARLEGE (14 April 1906)

North Carolina

In the Superior Court

Polk County

Before the Clerk

C.C. Constant et al

    Vs.

J.B. Arlege et al

Notice having been directed to J.B. Arlege one of the defendants in the above entitled action to appear before me for the purpose of taking his examination under the provision of law provided to examination of parties concerning the matter in controversy in said action and the said Deft having appeared as required by said notice, the following was had before me.

Mr. Arlege what relation are you to Levi Arlege? His son.

How old was Levi Arlege when he died? 87 years old.

State what you know of his conditions of his health 12 months proceeding [sic] his death. For the last 12 months of his life he was gradually declining in physical strength and growing weaker and for the last two months of that time was very feeble and required a great deal of attention especially the last month.

What year did he die? In March 1901.

How near did you live to your father? About 3 miles.

Where was your father residing when he executed the deed refered [sic] to in the first paragraph of your anser [sic] and how long before his death was said deed executed? He was residing at his own home and executed the deed about the month of November or December previous to his death in March.

Who was present when your father signed the deed? I and my sister [Do]Rinda McKinna and a man by the name of Simmons and his wife. [Note: the "Do" seems to have been added later in a different ink]

State what consideration you and your sister paid for the land. The consideration between us was that me and my sister was to take care of him.

How long did your sister remain with him after he executed this deed? I don't know.

How long did yur father reside at his old home after the execution of this deed? Until the 10th day of February as long as I can remember, of the exceptions he was at bro Clem's a few days. On that day I carried him home and he staid [sic] til he died, died 10 day of March.

Did you stay with him or take care of him from the time of the execution of the deed until you carried him to your house? I didn't stay with him but I kinder seen after him, went down occasionally and seen after him, am not sure whether I stayed with him any at night or not.

Did not your father for several years previous his death show signs of mental impairment?

No, to the best of my knowledge.

What was the condition of your father's mind at the time this alleged deed was executed? Good so far as I know or have any reason to believe.

Was his mind at the execution of this deed as good as any time prior in your recollection? So far as I know it was.

Was not your father very instable and fractious some years prior to his death? Over little things he was all of his life. A short time before his death after I carried him to my house I undertook to assist him in some way and he became indignant and I said I got it laid for you.

Who wrote the deed and at whose request and where? Hoke Hudgens wrote it at Saluda and at my request.

Did you not ask your father to execute the deed several times before he died? I talked the matter over with my father and he thought doubtful. If any of the children hold the land and I thought so. I asked him if he was willing to make a deed if by so doing we could hold the place and after investigation getting counsel that we could make as good as anyone than I had the deed drawn and he signed it and did it cheerfully.

[Regarding] the execution of this deed, was it not your purpose to hold the property for the heirs of your father as against anyone else that might set up a claim against the property.  Yes.

John B. Arlege

J.P. Arlege C.S.C. $5.00

^^^^^^^^^^^^^^^^^^^^^^

Polk County in the Superior Court.

State of North Carolina,

To the sheriff of Henderson County--Greeting:

You are Hereby Commanded to summon S. H. Huggens (if to be found in your county), personally to be and appear before his Honor, the Judge of our Superior Court, at a Court to be held at the court-house Columbus on the 7th Monday after the 1st Monday in March next, then and there to testify in behalf of the Defts in a certain matter therein pending, wherein C.C. Constant et al Plaintiffs, and J.B. Arlege et al Defendants

Herein fail not, at your peril.

Issued this the 11th day of April 1906

J.P. Arlege, Clerk.

JUDGEMENT

North Carolina Superior Court

Polk County Spring term 1906

C.C. Constant et al

Vs

J.B. Arledge et al

This cause coming on to be heard before His Honor M.H. Justice, Judge presiding, and in appearing to the court that all parties, plaintiffs and defendants, are before the court, and is further appearing that considering parties have agreed upon settlement of the matters in dispute and being agreed that the deed executed by Levi Arledge to J. B. Arledge and Arrinda McKinna was duly and lawfully executed and delivered as contended for by the defendants J.B. Arledge and Arrinda McKinna, and it being agreed that the said J.B. Arledge and Arrinda McKinna and her husband John McKinna shall execute to the heirs-at-law of the said Levi Arledge a deed for all the land, described in the petition so that they may hold the same according to their interests as set forth in paragraph 2nd of said petition, reserving to the said J.B. Arledge an estate for the period of five years from the first day of January, 1906, in all of said land and in consideration of the purchase money and as the purchase money for the reversion to be conveyed in said deed and by this decree the said J.B. Arledge shall have and recover of all the parties in this action and proceeding the sum of Eighty-five ($85.00) dollars and the costs of this action to be entered up and taxed by the Clerk - and that said judgement and cost be and constitute a lien on said land to be conveyed by said deed as for the purchase money

And it is further ordered that J.P. Arledge shall execute to the heirs-at-law of the said Levi Arledge the deed referred to above according to their interest as defined above, and it is further ordered that the effect of this decree shall be to transfer to the said heirs-at-law the legal title to said land subject to the lease of J.B. Arledge above mentioned, to be held in the same plight, conditions and estate as though the conveyance ordered above was in fact executed.

M.H. Justice, Judge Presiding

J.E.Shipman, Attorney for Plffs.

Smith & Valentine [or Schunk?], Attorney for J.B. Arledge & J. & A. McKinna

F.M. Burgess, Guardian ad Litem

[ON REVERSE SIDE]

C.C.Constant et al

Vs.

J.B. Arledge

Judgement

Recorded on minutes of S C [?]1906 Book 5 Page 16 &c

J.P. Arlege C.S.C.

[HANDWRITTEN STATEMENT]

For value recd I assign to C.C. Constance one-half of judgment in my favor taken in the case of C.C. Constance et al vs. J.B. Arledge et al taken at Spring Term 1906 Superior Court, Polk County this April 24, 1906.

                                                      J.B. Arledge