NC, Greene Co Supreme Court Case, GARDNER JONES vs ISAAC C. EDWARDS & JOHN W. POTTER ========================================================= USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non- commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be repro- duced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. Copyright (c) 2000 by Martha M. Marble . This copy contributed for use in the USGenWeb Archives. by Martha M. Marble mmarble@erols.com ========================================================= Greene County Court Equity Case and NC Supreme Court Case COURT OF EQUITY - GARDNER JONES vs ISAAC C. EDWARDS & JOHN W. POTTER NOTE: Stephen Coward was the son of Cullen and Sidney Phillips Coward State of North Carolina, Court of Equity, Spring Term 1858 This was a Supreme Court Case #7580 Book 57, p 257, 1 Dec 1858 I have three pages of original documents sent by Lenore Phillips Smith. There is more but we assume Lenore copied the most important parts. Ruth Fentress has noted the information from NC REPORTS Book 57 p 257 Dec Term 1858, Greene Co GARDNER JONES vs ISAAC C. EDWARDS & J. W. POTTER To the Honorable the Judge of said Court - The Bill of complaint of GARNDER JONES of Greene County Plaintiff against ISAAC C. EDWARDS & JOHN M. POTTER --- the said GARDNER JONES that STEPHEN COWARD late of said county was in his lifetime seized of a certain tract of land in fee simple which he purchased from one JESSE FRIZZLE and took a deed - copy attached (we don't have the copy) ---- said STEPHEN COWARD departed this life intestate on about the year 18--- leaving him surviving his wife MARTHA and two children to wit MARTHA COWARD and MARY COWARD who soon after the death of their said father, STEPHEN COWARD deceased departed this life interstate being very young and leaving their MOTHER the said MARTHA wife of the said STEPEHN then surviving - to whom the said tact of land descended & came for life. Your Orator further shows unto your Honor that he intermarried with the said MARTHA the widow of the said STEPHEN sometime in the year 18--- and they have held said land during intermarriage --- and he was anxious and desirous of purchasing remainder in the said land from the next of kin to whom the same descended after the life estate of his said wife MARTHA and that the defendants ISAAC C. EDWARDS & JOHN W. POTTER being aware of your orator's desire in this respect proposed to sell to your Orator said land. Next of kin of said STEPEN COWARD after the deaths of his two children the said MARY and MARTHA to whom said land decended and came in common after the termination of the life estate of his said wife the widow of the said STEPEHN COWARD dec - were as follows to wit: PEARCY POTTER who intermarried with the defendant JOHN W. POTTER, and who is a sister of the said STEPHEN COWARD dec; CAROLINE EDWARDS a niece of the said STEPHEN who intermarried with the defendant ISAAC C. EDWARDS, sometime in the year 18--- and JOHN JOYNER a nephew of said STEPHEN; SIDDY ORMND & SUSAN ORMOND nieces and children of a deceased sister who intermarried with WILLIAM ORMOND; LOUISA HART who intermarried with WILLIAM T. HART; JANE DUNN wife of JEPTHA DUNN; ELIZABETH SPIVEY who intermarried with EPHRAIM SPIVEY, the last three named were also nieces of said STEPHEN COWARD and the children of a deceased sister of the said STEPHEN and who intermarried with JOHN S or L. PHILLIPS. The defendants being well aware of the next of kin --- agreed if your orator that if he wished to purchase said land that he could have the reminder in said land after the life estate extinct of his said wife for the sum of eighteen hundred and fifty dollars and your orator agreed This is all on these pages and all that is in NC REPORTS. Ruth Fentress did read the case at the archives. Some of the below is a repeat of the above and some is additional information. GARDNER JONES vs ISAAC C. EDWARDS & JOHN W. POTTER Greene Co. 16 April 1857 Gardner Jones & wife Martha deed to Isaac C. Edwards & John W. Potter of same (Greene Co.), for $800, 270 acres known as the lands bought of Stephen Coward from Jesse Frizzle....on the n.side of Great Contentnea Creek adj. lands of Barrow, Hart, Chas. Edwards, Jno J. Edwards & others.....to a dividing line which was between Elizabeth Harper & the said Jesse Frizzle.... Wit: Oliver Murphy & W. H. Caswell Signed: Gardner "X" Jones Martha Jones Jas A Edwards CME of Greene Co. certifies this is a true copy of the deed. Feb. 15, 1869 13 May 1857 Isaac C. Edwards & Jno W. Potter of Greene Co., NC, to Gardner Jones, for $1,850, 270 A of land owned by Stephen Coward & purchased from Jesse Frizzle by the sd. Coward.. on north side of Great Cont. Ck adj. Barrow, Hart, Chas Edwards, Jno J. Edwards & others -----div. line of Elizabeth Harper & Jesse Frizzle........ Wit: Jno T. House & Edward Carman Signed: Isaac C. Edwards, John W. Potter, Pearcy Potter, Caroline M. Edwards Equity Ct, Fall term, 1858, Greene Co.,NC Answer of I. C. Edwards & Jno W. Potter to Gardner Jones Complaintor= They say Stephen Coward did purchase land from Jesse Frizzle & that Coward died intestate leaving wife Martha & 2 daus Martha & Mary, & that the children died shortly after (their father), leaving their mother Martha Coward.....& that Martha md. Gardner Jones, & defendant J. W. Potter md Pearcy the sister of Stephen Coward, & the deft I. C. Edwards md Caroline, a niece of sd Stephen Coward..... I. C. Edwards & J. W. Potter say they gave a deed to Gardner Jones on 13 May 1857 for land in order to convey their interest in the land.... They say they both are men of property & substance & abundantly able to pay their debts & they want suit agst them stopped..... NC Reports, Book 57, p. 257. Gardner Jones against Isaac C. Edwards & J. W. Potter, Greene Dec 1858 ( pick up here what I sent you before under this NC REPORT, and then add: On _____ day of ____ the plft and wife Martha Jones, sold to the defts Edwards & Potter, her life estate in the lands for $800 & took the note of each for $400. The bill states that within a month after the sale by the plft & wife, they (defts) contracted with the plfts for consideration of $1850 to procure the interest of all of the other heirs..... the plft Jones gave to Edwards his note for $525 with Edward Coward surety, & for the remainder, a note of $400 which he obtained one half from his wife's lifetime estate, & to Potter he gave his note for $74, with Edward Coward surety; & a note for $435 with Elias J. Blount & Wade Butts surety (much more not copied) .