Franklin County NcArchives Court.....James Upchurch, Simon Williams V. 1896 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Susan Davis sdavis124@msn.com September 28, 2008, 9:58 pm Source: North Carolina Franklin County In The Superior Court Written: 1896 Simon Williams, et ux., et all vs. James Upchurch, Admr. Of Ambrose Upchurch, et al. The Plaintiffs complaining of the defendants alleges: 1st. That Ambrose Upchurch died in the County of Franklin on the _ day of __ 198_ and James Upchurch qualified as his administrator, before the Clerk of the Superior Court of Franklin County, on the __ day of __ 189_ Had letters of administration administered to him an dimmediately entered upon the discharge of the duties of his office. 2nd. That prior to the death of Ambrose Upchurch to wit: on the 26th day of June 1878, the said Ambrose Upchurch, executed a deed to the said James Upchurch, in which he attempted to convey to the said James Upchurch, a part of his tract of land in Dunn's Township, Franklin County, described as follows: adjoining the lands of R T Strickland, James Bell, and others abounded as follows on the north by Wm Upchurch, on the east by the lands of Mary Massey, on the West by the lands of W T Strickland and in the South by the lands of James Bell containing by estimation Five Hundred and Twenty acres be the same more or less. Copy of said deed is annexed hereto and marked "A", and made part hereof. 3rd. That prior to the death of Ambrose Upchurch to wit: on the 26th day of June 1878, the said Ambrose Upchurch executed a deed to William Upchurch, by which he attempted to convey to the said William Upchurch a part of his tract of land in Dunn's Township, Franklin County, described as follows: Adjoining the lands of Mary Driver, Bess Pierce and others and bounded as follows viz. in the North by the lands of Mary Driver, on the South by the lands of James Upchurch, on the East by the lands of Mary Massey in the west by the lands of R T Strickland containing One Hundred and Twenty acres more or less. Copy of said deed is annexed hereto, marked "B" and made part hereof. 4th. Both said deeds are of record in the Registry of Franklin County in book 49, page 127 and book 49, page 128 respectively, and were recorded on the 26th day of June 1878 and the 26th day of June 1878 respectively, many years after the execution of the same. 5th. That the grantees in each of the said deeds are the sons of the said grantor, were at the execution of the said deeds, not more than Two and Four years old respectively. 6th. That the said conveyances, while purporting on their face to have been made for a money consideration, were in truth and in fact voluntary conveyances, and no money was then or has ever since been paid by the grantees, therefore. 7th. That at the time of the execution of the said deeds, the grantor, Ambrose Upchurch, was insolvent, largely indebted beyond his ability to pay and that the deeds were executed with the intent to hinder, delay and defraud the then and all subsequent creditors of the said Ambrose Upchurch. 8th. That at the time of the execution of the said deeds, the said Ambrose Upchurch, was indebted to the plaintiff, W.K. Phillips, in a large amount of money, the which was evidenced by bond and account, and that the whole of the said debt in still due and unpaid, and the said grantor, Ambrose Upchurch, did not retain property sufficient and available for the satisfaction of all his then creditors. 9th That subsequent to the execution of the said deeds, the said Ambrose Upchurch, became indebted to W.B. Allen, who afterwards made a deed of assignment to N.Y. Gulley. That said deed is evidenced by a judgment in the Superior Court of Franklin County, and the whold thereof in still due and unpaid. 10th. That the said deeds were made upon some secret trust for the use and benefit of the grantor. That no part of the recited consideration has ever been pain, or was ever intended to be paid and that said deeds were intended to be voluntary conveyances. 11th. That upon the death of the said Ambrose Upchurch, and the qualification of his said administrator, it appeared that there were no personal assets nearly sufficient to pay his debts, and the sale of the lands of the intestate in necessitated for that purpose. 12th. That a part of the lands have been, by the grantees, conveyed, or attempted to be conveyed, to J.C. Bunn, who, together with the two sons, James and William, is at present in possession of the whole tract. 13th. That until the death of the said Ambrose Upchurch, he remained in possession of the said lands, was attempted to be conveyed by himself, exercising acts of ownership over said lands all his life, and that the said conveyances were cautious and fraudulent, intended to hinder, delay and defraud the then and subsequent creditors of the said Ambrose Upchurch of the collection of their debts. Wherefore the plaintiffs beg judgment. I. That said deeds be set aside and avoided. II. For such others … relief as they are entitled to. III. And for the cost of this action. Signed ..Attorneys for plaintiffs. N.D. Green being duly sworn, doth say, that the facts set forth in the foregoing complaint, were stated of his own knowledge are true, and those stated upon information and belief he believes them to be true. Sworn and subscribed before me this 21 day of January 1896. W. J. Stallings, JP N. D Green File at: http://files.usgwarchives.net/nc/franklin/court/jamesupc673nwl.txt This file has been created by a form at http://www.genrecords.net/ncfiles/ File size: 5.9 Kb