Greene County, NC - Edwards vs Jones, 1873

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EDWARDS vs JONES – GREENE CO

Original found at the NC Archives, Greene County, Civil Action Papers 
concerning land, CR045.325.17, Folder 1871 – 1876

State of North Carolina, Greene County, Supr Court, Fall Term 1873

Samuel P. Edwards vs Irvin Jones, Julia A. Jones his wife & Henry Canady

1st" The Plaintiff alleges that on the 31st day of December 1869 he 
purchased from the defendants Irvin Jones and wife Julia A. and John M. 
Patrick, trustee for the said Julia A. a house and two lots situated in 
the town of Hookerton bounded as follows (See deed herewith filed) for 
the sum of one thousand dollars purchase money, and the said parties 
executed and delivered to the Plaintiff a deed for the same.

2nd: That he paid five hundred dollars of the purchase money down and 
executed his bond for the other five hundred dollars and to secure the 
payment of said bond the Plaintiff conveyed to said parties the said 
house and lots by a Mortgage deed (a copy of which is herewith filed as 
part of this complaint) to be void on the payment of said bond and 
interest that may have accured thereon.

3rd.  That the plaintiff remained in possession of said premises until 
on or about the first day of January 1871 when the defendant Henry 
Canidy by the consent and at the request of the plaintiff paid off said 
bond and had it and the Mortgage transferred to himself and took 
possession of the premises and also a store house which had been 
previously removed off said lots and has continued in possession of the 
same to the presnet.

That store was no contract wish the def Canidy as to what rent he 
should pay the plaintiff for the use and occupation of the premises and 
store house *

NOTE: Either the above was partially marked through or there are marks 
on the paper

The plaintiff further alleges that he is entitled and should have said 
bond credited with one hundred dollars annually for the use and 
occupation of the premises and store house (something written above 
that may or may not have been partially crossed out) for the time the 
deft Canidy has had possession of the same & for the value of the store 
house.  That he has tendered him (Canidy) the money in payment of said 
barn and demanded the same to be delivered up and that he refuses to 
accept the money or surrender the bond and still unlawfully holds 
possession of the house and lots and store house.  Therefore the 
plaintiff demands judgement, that he be allowed to pay what may still 
be due on said bond and on the payment thereof the deft Jones and wife 
Julia A. recovery to the plaintiff, the premises by a good and legal 
bill or release their interest therein to him and that the deft Canidy 
deliver to him the possession of the same and for the cost of this 
action.
Signed S. P. Edwards

Subscribed & sworn today 26th of Nov 1873.
Jas. Grimsley SCS

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