HENDERSON COUNTY, NC - WILLS - Asa & Sarah Mills Edney Estate, Part 1

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This file was contributed for use in the USGenWeb Archives by
Marshall Styles - marshallstyles@yahoo.com
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Estate of Asa and Sarah Mills Edney, Henderson County, NC Transcribed by

This narrative contains records of the estate of Reverend Asa Edney, his
widow Sarah Mills Edney, and son Calvin J. Edney, who died during the
administration of Asa Edney's estate, and whose separate estates were an
integral part of the settlement of Asa's will and properties. The estate
was in an active probate statusfor a total of FIFTY-FIVE YEARS!

For the most part, the transcription is verbatim, although a number of
pre-printed court documents are not reproduced here; pertinent
information on those documents has been included. Wherever it is not,
and where some words have been omitted, an ellipse ... will indicate
such.  Additional background information or editorial comments inserted
by me, are enclosed in brackets [  ], where deemed necessary to separate
the official from the unofficial. Note also the many references to Clear
Creek and Little Clear Creek. On present-day maps, Little Clear Creek is
known as Lewis Creek, which may have bounded the property of the Lewis
families that married into the Mills family in the late 1700's to early
1800's, some of whom are buried in the William Mills family cemetery,
located just down the road from the fromer Asa Edney homeplace on Mills
Gap Road.

In these records one will find the First Record of the names of all
twelve children of Asa and Sarah Mills Edney. Earlier researchers had
arrived at ten names, even though it was known there were twelve in
number. Several lawsuits involving the estate were heard in the North
Carolina Supreme Court. Transcripts of the proceedings have also been
submitted to the Henderson County Genealogy web site. Balis M. Edney,
son of Reverend Samuel Edney, a brother of Asa, played a strange role in
the course of events surrounding Asa's estate. During th course of the
estate proceedings, Balis served as Consul to Palermo Italy, as Captain
of a Civil War regiment, and commander of the Home Guard during the
Cicil War.  He Acted both as an attorney for the plaintiff, representing
Ambrose J. Edney as Executor of Asa's will, and as a defendant,
represented by Elisha King! It appears that Balis was playing both sides
of the issue to his own benefit, as will be seen from these transcripts,
and may even have been instrumental in prolonging the settlement. Balis
Edney was killed, or more appropriately "assassinated" at his home on
Mills Gap Road the last week of the Civil War. At one time during the
probate, Balis stretched the limits of patience and good sense by taking
the witness stand, as a defendant, and proceeding to interrogate himself
as the attorney! Asa's son-in-law John Macon Ledford was the principal
protagonist against the estate, which was settled only upon Ledford's
death after 55 years of fighting it.


Transcribed and edited  by Marshall L. Styles, between February and
April, 1996, from Henderson County Original Estates in the North
Carolina State Archives at Raleigh, North Carolina — Asa Edney, Sarah
Edney, Calvin Edney. It also includes various court and deed book
records of Buncombe and Henderson Counties that are pertinent to a
better understanding of the issues and properties that were involved in
the settlement.


-1842-

3/21/1842: Asa Edney wrote his Last Will and Testament in Henderson
County, North Carolina, and had it recorded at the county court house.
Witnesses were William Lanning and Matthew Neely. Executors named by Asa
are three of his sons: Ambrose Jones Edney, Calvin J. Edney and Samuel
Jones Edney. The text of his will:

"March 21st 1842. I Asa Edney by the grace of God being in my Right Mind
and sound understanding and judgement, doth first will and resine my
Sole into the hands of Almighty God in Heaven and deliver my body after
death. I will and Resine to the dust from which it was taken until the
morning of the Reserection at which I hope to have a resurrection and
life eternal. And further I desire to be intered in a plain and
Christian manner. I doth allso will and bequeath unto my true and
beloved wife Sarah Edney during her natural life a certain tract or
parcel of land , beginning at the mouth of the first branch betwene
myself and son Marvell Edny, thence up the said branch to the fork at a
large pine thence a direct line to the mill pond fence where it now
crosses Clear Creek, thence running with the said fence to the McCoy
line thence East with the said McCoy line to where the said line crosses
creek, thence down the said creek to where the Little Clear Creek
empties into the Big Clear Creek crossing the mouth of Little Clear
Creek, thence running with my own line to the wagon ford on the mountain
branch, thence up the said branch to the Mays' line, thence east to the
corner, thence with the said line to Little Clear Creek, thence up the
said creek to the beginning including my home and my dwelling houses.

"This land after my wifes deseast to be equally divided between my son
Calvin Edny and my daughter Elmyra Edny and my son Newton Edny. I also
will to my wife one Negro girl named Harriett, also one Negro boy named
Sam is given to her during her natural life and after her death to go
back to my lawful heirs. I allso give to my wife all my household and
kitchen furniture entirely with the farming tools, ten head of sheep,
three cows and calves, one roan mare, one Brown horse with the present
stock of hogs, including the present crop of corn and oats, one waggon &
gearing, one still. All the above named property is to the use of my
wife during her life, then to the use of my heirs. All the rest of my
Real and Personal property to be sold at a credit of twelve months and
after my just and honest debts is paid the amount coming or arising from
the sale of my property to be equily divided among my children, except
my son Calvin and my son Newton and daughter Elmyra. My interest in the
Turn Pike is to the use of the present family.

"What ever may be coming to my daughter Sary Ann Posey is to go to the
use of her offspring to be paid over by the Executors at their disposal
as the family may need it. I allso appoint Ambrose J. Edney, Calvin
Edney and Samuel Edney as my lawfull Executors after my death, and this
being my last will and testament, I have heareunto set my hand and seal
the day and date above written, Signed, Sealed in the presence of us.
Attest: {signed} William Lanning, Matthew Neely.  Asa Edney {Seal}"

"Endorsed on the back as follows (viz), Offered for Probate at Sept.
Term 1842, Caveat."

"State of North Carolina. To the Justices of the Court of Pleas and
Quarter Sessions in and for Henderson County. Greetings. Whereas, a
paper writing purporting to be the Last Will and Testament of Asa Edney,
deceased, was offered for probate in the Court of Pleas and Quarter
Sessions of Henderson County and there Caveated... appeal was to be
taken to the Superior Court of Law for said County of Henderson when in
a trial... has been duly proven to be the Last Will and Testament of
Said Asa Edney, dec'd, and it was therefore ordered by said court that a
... issue to the County Court of said County to Qualify the Executors
and admit said paper writing to probate and duly record the same. You
are therefore commanded to admit the said paper writing hereunto
annexed, marked A, and to which a Certificate of Probate is attached, to
probate in said Court and duly record the same and on this application
to qualify the Executors therein named. Witness, J.C. Gullick, Clerk of
our said Court at Office the 4th Monday in March 1844. Issued the 23rd
day of February 1850. {Signed} J.C. Gullick"

7/12/1842: Eleanor Mills Edney, wife of Reverend Samuel Edney, and a
sister of Sarah Mills Edney, wife of Asa, dies at her Edneyville home.

7/18/1842: Son-in-law William Featherstone files a claim in court
against Asa Edney, not yet deceased, for $5.43 on a note given by Asa on
27 November 1841.

7/28/1842: Reverend Asa Edney dies at his home on Mills Gap Road.

9/26/1842, Monday: His last will and testament is presented in court for
probate, and is immediately contested by a number of his children and
their spouses. "A paper writing purporting to be the Last Will and
Testament of Asa Edney, deceased, was offered for probate by Calvin
Edney and Samuel Edney, two executors thereto. Ambrose Edney, Marvel M.
Edney, Humphrey Posey and wife Sarah, William Featherstone and wife
Emily, Joseph Pickett and wife Caroline Amanda, come into court and
objected to the proving of said will and entered their caveats
thereunto. Ordered that Calvin Edney, Samuel Edney, Emily Edney, Sarah
Edney and Newton Edney be made parties plaintiff and the caveators and
Elias Sailisbury and wife Elizabeth, Phalby J. Scott,  J.M. Taylor and
wife Malissa be made parties and defendants."

9/27/1842, Tuesday: Ambrose J. Edney, Marvel Mills Edney, Samuel Edney,
Calvin Edney and James Roberts post a $12,000 bond to the State of North
Carolina as administrators of the estate. {signed} Am. J. Edney, M.M.
Edney, Samuel Edney, Calvin Edney, James (x) Roberts. 10/14/1842: The
Highland Messenger newspaper, Asheville, North Carolina.
"Administrators' Notice. All persons indebted to the estate of Asa
Edney, dec'd are requested to call on M.M. Edney of Henderson County,
and make immediate payment. And those having claims against said estate,
are requested to present them, duly authenticated, within the time
prescribed by law, or this notice will be plead in bar of their
recovery. A.J. Edney, Administator, Oct. 14, 1842."

-1843-

Creditors begin presenting their claims against the estate.

4/1/1843: Elisha King, surviving administrator of Major William Mills
estate, deceased, who was the father-in-law of Reverend Asa Edney; $435
.00 with interest from 29 September 1842. Defendant M.M. Edney. Elisha
King, $11.46 with interest from 29 September 1842.

4/2/1843: Thomas R. Miller claims $310.76 plus interest from 28
September 1842. Settles for "one Negro boy as the property of Asa Edney,
deceased; also, five head cattle, one two-horse wagon, 30 head hogs, one
horse, the barn and kitchen furniture, as the property of M.M. Edney.

8/4/1843: "This indenture made this 4th day of August AD 1843, between
Marvel M. Edney of the one part & Thomas R. Mobler(?) of the other part
& Robert Thomas of the third part, all of the County of Henderson, State
of North Carolina. Witnesseth that for and in consideration of the sum
of ONE DOLLAR to the said Marvel M. Edney in hand paid by the said
Thomas R. Mobler, the receipt whereof is hereby acknowledged, the said
Marvel M. Edney have bargained, sold and conveyed and by these presents
doth bargain, sell and convey unto the said Thomas R. Mobler his heirs
and assigns forever, four certain pieces or parcels of land situated,
lying and being as follows:

"First Tract, containing one hundred acres, be the same more or less
where said Edney now lives, being a tract purchased by said Marvel M.
Edney of Parmela Edney on the waters of Clear Creek on both sides of the
MILLS GAP ROAD adjoining lands of James M. Edney, Isaac Justice &
others. Second Tract, containing eighty acres, be the same more or less,
being a tract or parcel of land purchased by said Marvel M. Edney of
Richard T. Lewis on the waters of Clear Creek adjoining lands of James
Roberts and others, the foregoing tract & others. Third Tract,
containing thirty acres, be the same more or less, being a piece or
parcel of land purchased by said Marvel M. Edney of Calvin Edney on the
south side of Clear Creek, adjoining lands of Phalby Myers, A.J. Edney
and others. Fourth Tract, containing thirty acres, be the same more or
less on the top of the point lookout including a small improvement where
Thomas Case Sr. formerly lived, lying on both sides of the Mills Gap
Road purchased by said Marvel M. Edney of George W. Brown & purchased by
Brown of E.H. McClure as Clerk and Master in Equity of Buncombe County,
as the property of Laughter & adjoining lands of Gabriel Jackson &
others, and who all my right title and interest whatsoever in and unto
all the lands owned or obtained by Asa Edney, deceased, as being one of
the legatees of said Asa Edney, being one ninth part or portion in the
hands of Ambrose J. Edney administrator, or that may come into his
hands, to have and to hold unto the said Thomas R. Mobler his heirs &
assigns forever in trust.

"Nevertheless, it is the true intent and meaning of these presents, that
whereas the said Marvel M. Edney is deserving of security unto Robert
Thomas any and all moneys and demands which he may be liable for in the
sale of a certain Negro girl sold as the property of Asa Edney by said
Marvel M. Edney as deputy sheriff acting under said Robert Thomas,
Sheriff of Henderson County, which girl sold for the sum of two hundred
and five dollars & for which a suit is now brought by A.J. Edney, admr,
against said R. Thomas, Sheriff, & also to secure said Robert Thomas in
any and all liabilities for said M.M. Edney as acting as deputy sheriff,
and after those liabilities are all paid and discharged, then the said
remainder of any money arising from the sale of the lands before
described which shall be sold by Thomas R. Mobler at publick sale at the
court house in Hendersonville after the trustee giving forty days
publick notice by advertisement in three different places in the county
of Henderson for ready money.

"And the moneys to be applied first to the liabilities heretofore
mentioned after the trustee retaining a reasonable compensation for his
services as expenses for carrying out the meaning of these presents. And
after those liabilities are fully paid and satisfied to pay unto A.J.
Edney, admr, a debt, the sum of forty five dollars or thereabouts due by
note of lands where Govan Edney is security, and then to pay to James W.
Patton about twenty five dollars which is due by a judgment, and then to
demand of two notes of John Jones, Senior, for about the sum of one
hundred and five dollars & interest on the same. And then a judgment to
Green B. Taylor to the use of John M Taylor for about the sum of seven
dollars and then a note of hand to Goble of Buncombe County which note
was originally payable to Aron Burgess for about twelve dollars. And
then one debt to said Patton for about seven dollars due by note of hand
& then to Ambrose J. Edney, admr, the amount collected off him by R.
Thomas, Sheriff, on Fi Fa in favor of Elisha King, admr, M.M. Edney &
Asa Edney, about sixty dollars, the debt above named in the deed.

"It is expressly understood... to be paid in proportion to their
respective amounts without regard to which is first named. The
liabilities of Robert Thomas first mentioned, the trustee shall
advertise and sell the lands described in the foregoing at any time when
ever he shall be directed by said Robert Thomas and execute tithes to
whomever may become the purchasers. Signed, sealed and delivered in the
presence the day and date first above written, Witness James J. Booth(?
). M.M. Edney {Seal}, R. Thomas {Seal}, Thomas R. Mobler {Seal}"
Recorded Deed Book 3, pages 106, 107, 108.

10/17/1843: "State of North Carolina. Henderson County. Know all ye, I
Wm. J. Lewis of the county of Yancey and State of North Carolina have
bargained and sold unto Henry R. Lewis for the sum of one hundred
dollars to me in hand paid by the said Henry, all my right, title and
interest of and to the estate of William Mills, deceased, late of the
county of Buncombe and state aforesaid, and that he has full and ample
power to dispose of all or any part thereof & gave right for the same in
as full and ample manner as I could, were I permanently present.
Witnesseth, Whereof I have hereunto set my hand and seal this 17th day
of October 1837. Attest: A.M. Edney, Calvin Edney, Jurat. Wm. J. Lewis
{Seal}" Endorsed, "State of North Carolina, Henderson County, Court of
Pleas and Quarter Sessions, September Session 1843. The within
instrument was duly proven in open court by the oath of Calvin Edney, a
subscribing witness thereto. Recorded (Deed Book 3, page 127) and
ordered to be registered. Witness: Elisha King, CCC, Registered Oct 17th
1843." [Note: William J. Lewis was the son of Henry Graves Lewis and
Mourning Mills, a daughter of William Mills. William married Cecelia Ann
Wilson of Yancey County, who was a sister of Calvin Edney's wife
Lucinda. One of William and Cecelia's daughters married into the
prominent Woodfin family and lived in Yancey County. A.M. Edney may be
Alson M., son of Rev. Samuel Edney and Eleanor Morris.]

11/3/1843: "An inventory of the estate of Asa Edney, sold: to James M.
Edney, 5 head of sheep $4.37; to Samuel Edney, 18 head of sheep $11.95;
Sarah Edney, one cow and calf $6.00, and the hire of 10 Negroes for 5
months $2.20; Humphrey Posey, one horse $25.00; Isiah Paine, one set of
smith tools $13.20; M.M. Edney, hire of one Negro for five months $45
.00; Joseph Pickett, purchase of one Negro woman and child $541.00;
George W. Brown, one Negro girl $285.00; Sarah Edney, one Negro woman
and one Negro man, $1.00; Robert James, one Negro boy, property of M.M.
Edney, $300.00."  Note that Sarah, the widow, was allowed her purchases
at a price much below the other purchasers.



-1844-

A long court battle begins in Henderson County.

2/23/1844: "State of North Carolina, Henderson County. To the Justices
of the court of Pleas and Quarter Sessions, greetings. Whereas a paper
writing purporting to be the last will and testament of Asa Edney,
deceased, was offered for probate, and there caveated, and now try its
validity. And upon the judgment of court an appeal was taken to the
Superior Court of Law for Henderson County, when on trial was duly found
to be the last will and testament of said Asa Edney. And it was
therefore ordered that the court qualify the executors and admit said
paper writing to probate, and duly record the same. You are therefore
commanded to admit the paper writing, and to which a certificate of
probate is attached, and duly record the same."  "I, R.W. Allen, Clerk
of Court of Pleas and Quarter Sessions for Henderson County do hereby
certify that the foregoing transcript is a true exemplification of the
records of probate of Asa Edneys' will and qualification of his
executors, so far as appears on record in my office."

4/1844: Attorney Balis M. Edney is noted in the records as the attorney
representing Ambrose J. Edney as one of the executors.

8/10/1844: Land Sales to: Balis M. Edney, 450 acres, $80.00; son-in-law
John Macon Ledford, 150 acres, $5.00; John Brown, 20 acres, $18.00;
Elias Sailisbury, 28 acres, $51.00.

8/27/1844: "State of North Carolina, Henderson County. This indenture
made the twenty seventh day of August eighteen hundred and forty four,
between A.J. Edney, executor of Asa Edney, dec'd, of the one part and
William Maxwell of the other part, all of the county of Henderson and
State of North Carolina, Witnesseth for and in consideration of the sum
of one hundred and fifty five dollars to me cash in hand paid, the
receipt whereof is hereby acknowledged, hath granted bargained and sold
and released and confirmed. And by these presents do grant, bargain,
sell, release and confirm unto William Maxwell a certain part of a tract
of land situated, lying and being in the county of Henderson on the
waters of Clear Creek on the east side of said creek joining the lands
of John M. Ledford, M.M. Edney & Isaac Justice.

"Beginning on a large white oak on the bank of Clear Creek then running
down with the meanders of said Creek to the mouth of the school house
branch thence up said branch to its head, thence a east direction to M
.M. Edneys' line, thence north 16-1/2 east to Isaac Justice line thence
north 551 W. 184 poles to the beginning, containing seventy five acres
more or less with all and singular the rights, titles, heredetaments and
appurtenances thereunto belonging, to have and to hold all the aforesaid
premises unto William Maxwell, his heirs and assigns forever.... I have
affixed my hand and seal the day and date above written in the presence
of I.B. [Isaac] Sawyer, Isaac Justice, Jurat. Am. J. Edney {Seal}"
Endorsed, "State of North Carolina, Henderson County, Court of Pleas and
Quarter Sessions, March Sessions 1846, The within deed was duly proven
in open court by the oath of Isaac Justice, a subscribing witness
thereunto. Recorded [Deed Book 3, page 472] and ordered to be
registered. Witness James Blythe CCC. Registered the 21st May 1846"

9/17/1844: Reverend Samuel Edney, brother of Asa, dies at his Edneyville
home.

9/24/1844: Two hundred acres of land belonging to Newton J. Edney,
adjoining his mothers' land, is sold at public auction to satisfy debts
of $8.52. Sarah Edney is the highest bidder at $10.00

-1845-

2/6/1845: Elisha King, administrator of the estate of Major William
Mills, has attempted during every court session since March 1843 to
collect on a $362.00 note which was endorsed by Asa Edney and Samuel
Edney on 15 March 1838 to the Mills' estate. It is not specified whether
this Samuel is Asa's brother or his son, but is the son, based upon
court records of 22 June 1846. King makes yet another attempt in an on-
going suit against Ambrose J. Edney, but Sheriff Livingston cannot
collect. And so, it is continued until the June 1845 session. Total
accumulated cost to settle the note has grown to $399.65.

3/1845: James F. Duncan and Humphrey Posey, separately, file claim
against the estate. Sheriff J. Livingston reports, "Diligent search, and
no goods, chattels, lands, nor tenements to be found. Ordered delayed
until December 1845 Court, $400.35"

3/1845: Ambrose J. Edney files claim against his brother, Marvel Mills
Edney, for $15.29. Continued until December 1845 session.

12/16/1845: Ambrose J. Edney files claim against his brother-in-law John
Macon Ledford and his cousin James M. Edney for $600.00, to be heard in
court during the March 1846 court session.

There appears to be no assets in the estate out of which to settle its
debts.


-1846-

1/3/1846: "This indenture made this the third day of January 1846
between E.M. McClure, Clerk and Master in Equity for Buncombe County in
the state of North Carolina on the one part and A.J. Edney of the county
of Henderson and state aforesaid on the other part. Witnesseth that
whereas sale by heretofore to writ at a Court of Equity countersigned by
judgment and held for the county of Buncombe in the spring of 1839 on
petition of Marvel Mills and other heirs at law of William Mills,
deceased, against John Mills, living, who is one of the heirs at law of
the said William Mills. It was ordered, adjudged and decreed by the
Court that the Clerk and Master of said Court sell the premises therein
set forth at the dwelling house of Asa Edney to the highest bidder after
having given forty days notice & upon a credit of one, two, and three
years. And whereas the said E.M. McClure... as aforesaid after due
advertisement according to the order of the said court did on the 31st
day of August 1839 expose to public sale at the place aforesaid the land
and premises in the petition aforesaid mentioned, when and where Ambrose
J. Edney being the last and highest bidder became the purchaser of one
piece or parcel of said lands, supposed to contain one hundred & fifty
acres more or less, BEING SUCH PART OR PARCEL OF THE OLD McCOYS' HOME
TRACT AS HAD NOT BEEN DISPOSED OF BY THE SAID WILLIAM MILLS AT THE TIME
OF HIS DEATH, which original tract of land lies in what is now Henderson
County on Clear Creek and the waters thereof where the said William
lived next and immediately preceding the time of his death.

"Beginning at a stone corner in a field then west 156 poles to Clear
Creek then west 350 poles to a white oak on the south side of a ridge
then south 38 poles to the creek, then south 200 poles to a post oak on
the point of a ridge, then east 20 poles to Clear Creek, then east 412
poles to a stake on the top of a mountain, then to the beginning,
containing by estimation 718 acres more or less at the sum of three
hundred and seventy five dollars for the said piece of land with the
appurtenances thereunto belonging. This indenture therefore Witnesseth
that the said E.H. McClure Clerk & Master as aforesaid, for & in
consideration of the premises and in further consideration of the said
sum of three hundred and seventy five dollars to him in hand paid by the
said A.J. Edney at and before the signing and sealing and delivery of
these premises, the receipt and payment whereof is hereby acknowledged.
He the said E.H. McClure... hath given, granted, bargained, sold, and by
these presents doth give, grant, bargain and sale unto the said A.J.
Edney... all that piece or parcel of land hereinbefore described.
Witness N.W. Woodfin, Jurat. E.H. McClure {Seal}" Endorsed: "The within
deed  was duly proven in open court by the oath of N.W. Woodfin, a
subscribing witness thereto. Recorded [Deed Book 3, pages 586 - 588] and
ordered to be registered. Registered 12th of Feb 1847. {Signed} James
Blythe CCC"

1/14/1846: "Henderson County. This indenture made the fourteenth day of
January in the year of our Lord one thousand eight hundred and forty
six, state of North Carolina, that A.J. Edney of the one part and
Alexander Merrell of the county and state aforesaid. Witnesseth that the
said A.J. Edney for and in consideration of the sum of four hundred
dollars current money of the state aforesaid to him in hand paid by the
said Alexander Merrell, the receipt and payment thereof is hereby
acknowledged by the said A.J. Edney, hath given, granted, bargained,
delivered and sold by these presents, doth give grant and sell to the
said A. Merrell, his heirs and assigns forever, a certain tract or
parcel of land situated, lying and being in the state and county
aforesaid, being KNOWN AS THE MCCOY TRACT, the one owned by and where
William Mills lived immediately preceding his death and being on the
waters of Clear Creek and bounded as follows:

"Beginning on a savannah oak marked as a corner by Jesse McKinon county
surveyor on the McCoy line, Buckhorn Branch, thence east a quantity of
poles with the McCoy line near Clear Creek on to a stake in Mrs. Sarah
Edneys line, thence with said Mrs. Edneys line down the meanders of said
creek to where the junction of Little Clear Creek on where it enters in
Clear Creek to Mrs. Edneys land or line, thence with the said M.M. Edney
line down the meanders of the said Clear Creek to a Black Gum on the
south side of said creek M.M. Edney corner, made William Mills & marked
"WM" thence with a marked line the said M.M. Edney line running south
ten degrees east ten poles to a poplar, thence with the said M.M. Edney
marked line south twenty five degrees east thirty poles to a maple &
black gum marked as a corner by Jesse McKinon at the head of waggon(?),
thence down said waggon(?) with the meanders thereof to the mouth
thereof on to Clear Creek, on to an iron marked as corner, thence down
said creek with the meanders thereof on with the Mrs. Phalby [Mills]
Myers line to the mouth of the Buckhorn Branch, thence up the said
branch on with the said Mrs. Myers line with the meanders of said branch
to the beginning, supposed to contain one hundred & fifty acres more or
less, by a deed to A.J. Edney from E. McClure, Clerk and Master in
Equity, dated the third day of January one thousand eight hundred and
forty six, together with all the wood & ways & waters [etc.]..... Am. J.
Edney {Seal} Witness: W.M. Edney, Gordon H. Edney.

"State of North Carolina, Henderson County, Court of Pleas and Quarter
Sessions, March Session 1847. The within deed was duly acknowledged in
open court by A.J. Edney the maker thereof. Recorded and ordered to be
registered. Witness, James Blythe. Deed Book 3, pages 632-3.

Although not a part of the estate records of Asa Edney, the following
Buncombe County deed reflects an early title transfer of a portion of
the above tract from Samuel to Asa Edney: "Buncombe County, No.
Carolina. This indenture made and concluded on this tenth day of January
in the Year one thousand eight hundred and four by and between Asa Edney
of the one part and county and state aforesaid and Samuel Edney of the
same county. Witnesseth the above mentioned Samuel Edney hath for and in
consideration of the sum of fifteen pounds to me Samuel Edney in hand
paid, hath bargained, sold, released & confirmed and doth by these
presents bargain, sell, release & confirm unto the above mentioned Asa
Edney, a certain tract or parcel of land containing one hundred acres
more or less, Beginning on McCoys line on the North side of Little Clear
Creek running with said creek on up said creek to the mouth of a fine
branch [the Buckhorn Branch?] that empties into said creek on the North
West side of said creek, thence up the said branch to the first fork,
thence up the East fork of said branch to the head of said branch, from
thence along a ridge to John Justice's line cornering on said line; and
running with said line to Big Clear Creek & thence down said creek to
where McCoy's line crosses said creek & so along said McCoy's line to
the beginning having such shapes and marks as shall appear by a plat of
the same with all & singular the Rights, titles, hereditaments and
appurtenances thereunto belonging.

"And he the said Samuel Edney doth bind himself, his heirs, Executors
and administrators or either of them, to warrant and forever defend all
the rights, titles, hereditaments of the above mentioned land in manner
and form aforesaid, and that the said premises now are and shall forever
remain & be free & clear of and from all former gifts, grants, bargains,
sales, dowry's, rights and titles of dowry, judgments, executions,
titles, troubles, charges, & encumbrances whatsoever made, done,
committed or suffered by the said Samuel Edney, or against all just
claims that shall or may come into any part or parcel of said land, and
against myself, my heirs, executors & administrators or any other person
or persons claiming lawfully any part of the same. In witness whereof I
have hereunto fixed my hand and seal this Eighteenth of January one
thousand eight hundred & four. Signed, sealed & delivered in the
presence of Henry G. Lewis}} Samuel Edney {Seal}

"January Sessions, 1804. The within deed was acknowledged in open court
and ordered to be registered. Certified D. Vance, Clk. [Buncombe County
deed book 9, pages 69-71]

1/15/1846: Attorney Balis Edney secures a subpoena for the appearance of
John M. Ledford and James M. Edney to answer the $600.00 complaint of
Ambrose J. Edney. [See 12/16/1845]

4/2/1846: A bit of confusion is added by the Clerk of Court. "This
indenture made and entered into this the second day of April in the year
of our Lord one thousand eight hundred & forty six, Between Ambrose J.
Edney, executor of Asa Edney, deceased, of the County of Henderson and
State of N. Carolina of the one part. Witnesseth that the said Edney
executor as aforesaid hath this day above written for & in consideration
of the sum of three hundred dollars to him in hand paid by the said John
M. Lyday, the receipt & payment whereof is hereby acknowledged before
the signing & sealing of these presents hath bargained sold aliened and
conveyed... unto the said John M. Lyday of the second part & their heirs
forever, all that piece or parcel of land which being & lying in the
County of Henderson, State of N. Carolina, on the waters of Clear Creek,
it being a part of the lands sold at publick sale by the executor
Ambrose J. Edney, executor of Asa Edney, which said land was sold by the
executor on the 10th day of August 1844, at which time the said John M.
Lyday became the last and highest bidder at the sale at the sum of three
hundred dollars. Said lands are contained and bounded as follows, viz:
Beginning at a locust stake in the forks of the branch near the edge of
the Mills Gap Road and runs north sixty four east two hundred & forty
poles to a stake in the center of Clear Creek where the mill ford
crosses same then up with the various meanders of the same as the __?__
to a black gum at the mouth of the wheel house then with said branch to
the twenty east eighteen poles to a stake thence south forty five east
forty poles to a stake thence south seventy five east thirty six poles
to a stake thence north seventy five east twelve poles to a chestnut at
the head of said branch thence east one hundred & seven poles to a black
oak sapling at M.M. Edney's corner and in Asbury Justices line thence
with said Edney line to the beginning, containing one hundred & sixty
eight acres more or less, together with all the woods, waters, mines,
minerals & profits & appurtenances belonging or in any way appertaining
thereunto."

"The said A.J. Edney as aforesaid doth hereby bargain, sell... unto the
said John M. Lyday... the aforesaid piece or parcel of land... free from
all claims and encumbrances of the said A.J. Edney... whether A.J. Edney
doth hereby covenant, promise & grant to & with the said John M. Ledford
& his heirs forever...I have hereunto set my hand and affixed my seal
this the day & date first above written, signed, sealed & delivered in
presence of James M. Edney & Rufus Edney. Am. J. Edney {Seal}" Endorsed,
"The within deed was duly proven in open court by the oath of James M.
Edney a subscribing witness thereto. Recorded and ordered to be
registered. Witness James Blythe CCC. Registered July 16th 1846."  [Note
that the deed begins mentioning John M. Ledford instead of John M. Lyday
near the end of the document. Mr. Blythe appears to have become
confused, and he confused me as well. The deed was to John M. Ledford. 
See 8/10/1844] Recorded Henderson County deed book 6, pages 526-528.

4/29/1846: A Gentlemen's Agreement. "Edneyville, NC, April 29, 1846.
This is to certify that me, A.J. Edney, and J.M. Ledford, parties at
law, have compromised out suit about a tract of land as follows: Said
Edney is to pay the tax fee of his lawyer, and said Ledford is to pay
all court and other fees consequent on said suit. As witness our hands
and deals. {signed} J.M. Ledford, Am. J. Edney. Witness, James M. Edney"

6/22/1846: A dispute between the heirs of Major William Mills and
Reverend Asa Edney begins. Asa and his wife Sarah, daughter of Major
Mills, were named as heirs when Mills died; that is the basis of the
Mills family complaint. The record, centering around a slave girl named
Nelly, is a long one, but gives a good accounting of William's' heirs,
and contains additional information not contained in my Volume 4,
"Colonel Ambrose Mills, A Soldier in the Kings' Army During the American
Revolution."

"State of North Carolina, Henderson County, June Term 1846, in Equity.
To the honorable, the Judge of the Superior Court of Law and Equity. The
Bill of Complaint of Ambrose J. Edney executor of Asa Edney deceased,
and Samuel J. Edney of the County of Henderson, against Elisha King
administrator of William Mills, deceased, and Phalby Myers, William S.
Mills, George Mills, Columbus Mills, Marvel Mills, George J. Mills,
Lucinda Camp, John Camp, John Dean, Sarah Mills wife of Rufus Mills,
Winson Edney, Francis A. Edney, Isaac Sawyer and wife Mary, C.W.L. Edney
and wife Elizabeth, Balis M Edney, James M. Edney, Rufus Edney, Thomas
A. Edney, Sarah Edney, Thomas Cravens and wife Phalby, David Hilliard
and wife Sarah, William Jones Lewis, Richard T. Lewis, Marvel Mills
Edney and wife Eliza, Philip Brittain and wife Sophia, James Lewis,
George Lewis, Henry J. Lewis, John D. Lewis, Ezekiel Goudine(?) and wife
Cinda, Elizabeth Jones, heirs at law and legal representatives of
William Mills deceased."

"Humbly complaining, showeth unto hour honor that William Mills died
some ten years since, leaving seven children and that he left no legal
will and testament of his property. Said heirs then met and by common
consent divided the personal property of said intestate by which
division a boy George and girl Nelly fell to the share of Asa Edney,
deceased. Their value being largely over the seventh part of said
personal estate of said Edney, therefore executed four $45.00 bonds to
the other heirs for an overplus and gave his son Samuel J. Edney, one of
guarantors as security to said bonds, all of which bonds have since been
paid and satisfied by said Asa Edney's executor, (viz) your orator,
Ambrose J. Edney. The heirs being of full age or having legal
representatives competent to make and satisfy said divisions, your
orators further represent that sometime thereafter Elisha King, together
with his father Benjamin King, who is since dead, took letters of
administration upon the estate of William Mills and thereupon required
all the heirs to bring forward the property of the estate and have it
sold according to letters upon which the aforesaid girl Nelly was
surrendered by Asa Edney, the boy having been disposed of, she was then
sold, Asa being the last and highest bidder at the sum of $360.00
principal."

"The bond was then prepared and at the execution of it Administrators
Kings aforesaid expressly agreed that if the division as made by the
heirs was rendered valid by general consent or other uses, that in that
event the bond should be canceled, upon which agreement said Edney and
your orator Samuel J. Edney executed said bond -- Your orators further
represent that suit has been instituted on the bond against the
obligors, and at last term of the Superior Court held for this county,
judgment was rendered and execution issued -- Your orators further
charge that after the sale, Elisha King, surviving administrator, agreed
together with the heirs and distributees of William Mills, deceased, to
refer the whole matter to B. Shipp and Joshua Roberts, Esquires, and
that said award has been made and confirmed without allowing a credit of
the three hundred and sixty two dollar note and if so, they have failed
to allow Edney credit for four $45.00 bonds which he has long ago paid
for the girl."

"Your orators charge expressly that said award was a final settlement of
the estate upon which settlement of $362.00 bond should have been
surrendered. Your orators further charge that the estate of William
Mills is free from all debts and liabilities and there is no necessity
for collecting such an iniquitous judgment off of your orators -- Your
orators further charge that they have never received any value for the
$362.00 bond for that was executed for said girl which was the absolute
property of Asa Edney at the time of the sale, and that the bond is not
owing nor any part of it to the administrators, and that the sale and
the taking of the bond were a gross fraud upon the rights of Asa Edney,
deceased  -- Your orators further represent that execution is now in the
hands of the Sheriff and they are liable to be greatly harassed and
distressed on account thereof -- All of which actings and doings are
contrary to Equity and good conscience. Your orators having failed in
the proofs exhibited in the Court of Law and being wholly (unreadable),
save in this Honorable Court where only Equity and Equitable Rights are
Cognizable."

"Therefore pray your honor to direct your states writ of subpoena to
defendants, together with the Clerk and Sheriff, commanding them and
each of them to be and appear before your honor at the next Superior
Court to be held for this County on the 1st Monday after the 4th Monday
in September next, and full true and perfect answers make upon their
Corporeal oaths to the several allegations herein contained and that
they be served with a copy of this bill of complaint, and that said
Clerk and Sheriff of the Superior Court be enjoined from all further
attempts to collect said iniquitous judgment, and that your honor will
grant such other and further relief to your orators as the justice of
their claims to equity entitle them to, whether the same be distinctly
set forth in the foregoing bill and particularly prayed for or otherwise
and as in duty bound your orators will ever pray. {signed} B.M. Edney,
solicitor for complainants."

"June 23d, 1846. A.J. Edney executor of Asa Edney, deceased, and S.J.
Edney maketh oath that the several facts set forth in the foregoing bill
of complaint as of their own knowledge are true; those not of their own
knowledge they believe to be true. {signed} A.J. Edney, Samuel J. Edney"

"June 24th, 1846. Upon the complainants entering into bond with good and
sufficient security according to law, the Clerk and Master of the Court
of Equity for the County of Henderson will issue writs of injunction and
subpoenas as prayed for. {signed} W.H. Battle, Judge"

6/25/1846: "State of North Carolina, Henderson County. To any lawful
officer to execute and return in 30 days, Sundays excepted, you are
hereby commanded to arrest the boddys of Elias Sailisbury and Samuel
Edney and cause them to appear before me or some acting Justice of the
Peace for this county, To answer the complaint of A.J. Edney, executor
of the estate of Asa Edney, in a plea of debt the sum of fifty one
dollars due by note of law. Herein fail not. {signed} Wm. K. Ledbetter"
The sheriff endorsed the reverse of the subpoena: "Executed as to Edney,
Salisbury not found"


-1847-

No records of significance were located for the period from June 1846 to
June 1847, but later records indicate the Superior Court ruled against
the Edney's in the complaint of Ambrose and Samuel Edney. In June 1847,
Balis M. Edney filed, on behalf of Ambrose and Samuel Edney, an amended,
seemingly endless complaint with the Henderson County court. Most of the
names on the original complaint appear on this amended one, some of whom
have since died.  More names appear for the first time, especially the
descendants of Henry Graves Lewis and his wife Mourning Mills, daughter
of Major William Mills and Eleanor Morris.  One of these, William Jones
Lewis, would later marry Cecelia Wilson of Yancey County, another of my
ancestral family lines.  As in the original complaint, the issue centers
around the division of two Slaves, both described as being old and
feeble.

"June Term 1847, In Equity. To the honorable, the Judge of the Superior
Court of Law and Equity in and for the State and county of Henderson.
The amended bill of complaint of Ambrose J. Edney, executor of Asa
Edney, deceased, and on Samuel J. Edney pled under leave of the court
obtained June Term 1846 to an original bill filed by A.J. Edney and
Samuel J. Edney against Elisha King and other parties stated in the
original bill, (viz:) The bill of complaint of Ambrose J. Edney,
executor of Asa Edney, deceased, and Samuel J. Edney, both of the county
of Henderson and state of North Carolina against Elisha King, surviving
administrator of William Mills, deceased, Phalby [Mills] Myers, William
S. Mills, George Mills, Columbus Mills, Govan Mills, Lucinda Camp, John
Camp, John Dean, Sarah Mills wife of Rufus Mills deceased, Winson Edney,
Mary [Edney] Sawyer wife of Isaac B. Sawyer,  Elizabeth Edney wife of C
.W.L. Edney, Francis A. Edney, B.M. Edney [note: this is Balis M. Edney,
who is filing the complaint as attorney for Ambrose and Samuel], James
M. Edney, Rufus Edney, Thos A. Edney, Sarah Edney wife of Asa Edney
deceased, Thomas Brown & wife Phalby, David Hilliards and wife Sarah,
William J. Lewis, Richard T. Lewis, John D. Lewis, James R. Lewis,
George W. Lewis, Henry R. Lewis, Eliza W. Lewis, Eliza Edney wife of
Marville Edney, Sophia Brittain wife of Philip Brittain, Ezekiel
Goudine(?) and wife Sinda, Marville Mills and Elizabeth Jones, Heirs at
law and next of kin of William Mills deceased."

"Humbly complaining showeth unto your honor that William Mills the
intestate of the said E. King, died in the county of Henderson in the
year 1834 intestate.  That he left seven children or their
representatives as heirs and next of kin (viz:) Phalby Myers, Elizabeth
Jones, Sarah Edney, the heirs of Eleanor Edney, deceased, wife of Samuel
Edney deceased. The heirs of Mourning Lewis, wife of Henry Lewis
deceased, Marville Mills and John Mills. Your orators further showeth
unto your honor that William Mills died possessed of a considerable
estate of personal and real property (viz:) Ten Negroes, that soon after
the death of William Mills his children who were living and their
representatives of those who were dead met at the late residence of
William Mills as the next of kin to deceased to divide the Negroes. They
all agreed that they should divide them equally upon which John Mills,
one of the next of kin, agreed that he should have a boy by the name of
Sam, he would release all claims on the other Negro property which
proposition was agreed to by all the other next of kin. Then there was
nine Negroes to be divided among five children (viz:) Elizabeth Jones
[wife of Colonel George Jones], Sarah Edney [wife of Rev. Samuel],
Eleanor Edney [wife of Rev. Asa], Phalby Myers [wife of  Colonel David
Myers], and Marville Mills. The heirs of Mourning Lewis were not to
receive any part of the Negro property as they had been provided for
during the lifetime of the intestate. A valuation was then fixed upon
the Negroes and a division made between the five heirs or next of kin as
mentioned in the stating part of the bill as follows: Sam fell to Phalby
Myers; James, Nelly, Ben and Little Jane to Elizabeth Jones; Nancy to
Samuel and Eleanor Edney; George and Nelly to Asa and Sarah Edney."

"Your orators further showeth that George was old and was therefore
valued at Five Hundred Dollars, and Nelly being feeble and in ill health
was valued at Four Hundred Dollars. These two which fell to the share of
Asa Edney, husband of one of the legatees of William Mills, deceased,
(to wit) Sarah Edney, amounted to Nine Hundred Dollars, Sarah and Asa
Edneys shares of the Negro property. Your orators further stated and
showeth unto your Honor that they do not know the precise amount of the
valuation, but they show the said Negroes exceeded in value the shares
of Asa Edney. Each ones' share was agreed upon in the division by the
next of kin was $720, $180 short of the amount received by Asa Edney in
the valuation of Negroes which fell to his lot, to wit: George and Nelly
at $900. Asa Edney then executed to Marville Mills his note for $45 with
Samuel J. Edney security, a note to George Jones $45 more with Samuel J.
Edney security, and two notes for $45 each with Samuel J. Edney security
to Phalby Myers, making the precise amount of $180, the precise amount
over and above the share which he was to receive by the division, $720.
The other Negroes were taken by the other heirs and next of kin as
heretofore mentioned in the stating part of this bill, the aforesaid
division took place in the spring of 1835. Your orators further showeth
unto your honor that Asa Edney married one of the daughters of William
Mills many years ago, viz, Sarah Mills who thereby became entitled to
one seventh part of the estate, both personal and real, there being only
seven children. It is further shown that Asa Edney and wife Sarah were
both living and present at the division of said Negroes, consenting
thereto and abiding its results. It is further shown that the four $45
bonds have been paid off and satisfied by the executors of Asa Edney."

"Your orators further showeth unto your Honor that by his marriage with
Sarah his wife, one of the daughters of William Mills, by the death of
William Mills, the division of his Negro property by consent of all the
next of kin, that he became legally entitled to one seventh part of the
personal as well as the real estate of William Mills, by which division
George and Nelly became the property of Asa Edney absolutely. Your
orator further showeth unto your Honor that the division of the Negro
property was in accordance with the wishes of William Mills which were
expressed in a paper writing purporting to be his last will and
testament, which however turned out NOT to be, and letters of
administration were granted to the defendant, E. King... Further showeth
that Asa Edney took the boy George and girl Nelly into his possession at
the division of the property and so remained undisturbed until some four
or five years thereafter in the year 1839, when the said paper writing
found out not to be the Last Will and Testament of William Mills, when
it was that letters of administration were granted to B. King, now
deceased, and Elisha King, surviving administrator, who shortly
thereafter gave notice to Asa Edney to surrender the boy George and girl
Nelly, that they might be sold under letters. The boy being disposed of,
provisions of said notice, was not surrendered, and the girl Nelly was
surrendered to the administrator and sold by them, and Asa Edney through
a mistaken notice of his own rights, bought the girl, his own property,
at the sum of $311 and executed his bond for the same with Samuel Edney
security, one of your orators. Further showeth that sometime in the year
1841 or the first of the year 1842 that the heirs and next of kin
agreed, as the estate was in great confusion, to refer the whole matters
to arbitration, (viz) Messrs. Shipp and Roberts, the matter in dispute
was accordingly refereed was made in September 1842."

"But your orators further showeth unto your honor that his testator Asa
Edney was for some two or three years previous in very bad health, so
much so that he could not attend to nor transact any business, and that
he departed this life on the 28th of July 1842, some month or two month
previous to the award as made by the referees. Your orators further
showeth unto your Honor that they had no notice of the time of making
the award and further that A.J. Edney had not been qualified as executor
of Asa Edney at the time of making the award, and did not until November
or February court thereafter said Asa Edney deceased, or his executor or
by justice. The said Asa Edney deceast and as before stated in the year
1842, made a last will and testament with several persons therein named
as Executor, only one of whom was qualified (viz) Ambrose J. Edney one
of your orators. Said will was only prosede(?) in solemn form in the
Superior Court of Henderson County, and letters testamentary issued to
Executor Ambrose J. Edney at the time of this qualification...

"At the time the $311 bond executed by Asa Edney and A.J. Edney it was
expressly agreed that if it, the girl Nelly or any of the property sold
by E. King was improperly sold or if things should hereafter be agreed
upon or asserted to by the heirs as next of kin by which the sale should
be set aside or amended or the division of the Negroes as made by the
next of kin be compromised that said bond for $311.00 which was given,
condition of the purchase of girl Nelly, should be canceled and
surrendered to the makers, to wit, Asa Edney and Samuel J. Edney. ..
.Further showeth that said arbitrators were mistaken as to the facts
upon which the award was founded. It is further alleged that they
charged Asa Edney with the payment of $311 when in truth and in justice,
he should not have been held liable for any part of the bonds, but they
should have awarded that said bond should be surrendered to Asa Edney,
for that it was given in consideration of the purchase of the girl Nelly
which was the property of Asa Edney at the time of the execution... Its
execution was proved through fraudulent representation and fraudulent
manners made by them at the time it was accepted. Your orators further
charge that they were greatly mistaken as is manifest when they charged
Edney with the round sum of $1,000.00 for the value fixed upon the boy
George and the girl Nelly at the division as made by the next of kin of
the William Mills estate, for George was valued to him at five hundred
dollars and the girl at $400, making nine for both. That this testimony
upon which said award was made was not true, that it did not state the
prices as they were fixed by the next of kin at the time of the
valuation of the Negro property. The witness James D. Justice, upon
whose testimony the prices of the Negro property was fixed, was mistaken
in the fact that the two Negroes fell to the shares of Asa Edney in
right of his wife Sarah Edney upon his examination before the referees,
but at nine hundred dollars. That the four $45.00 bond that Edney made
were with the rest of the children and next of kin of William Mills.
That the arbitrators erred in having any thing to do with the bonds, so
that when they charged Edney with interest upon $1000 for three years
for that, the Negroes George and Nelly at the time he executed the four
bonds were his own rights and property as one of the next of kin and
that said arbitrators had no power, whether in law or equity to charge
him with interest upon the sum, and to do so was to do great injustice
to his rights, and both in law and in fact over the estate of William
Mills."

"It is further charged that the referees did confirm and ratify the
division of the Negro property as made by the children and next of kin
of William Mills in all things.... It is further charged that Asa Edney
was found right both in law and equity from all liabilities... the two
Negroes George and Nelly were the unconditional property of Edney & that
said bond of $311 should have been surrendered to the executors of Asa
Edney, as it was executed for Nelly which was his property.. That the
referees had no power to place the bond as assets in the hands of the
administrators, and to do so was doing great injustice to Asa Edney & he
had received no consideration for the same... That Asa Edney has never
received any other amounts or Negro property than $720 which was
received in the place of George and Nelly, and the amount he was justly
entitled to in sight of his wife Sarah who was one of the seven children
of William Mills, and that the excess has long ago been paid to the
brothers and sisters of Sarah... That the original division was right as
to all parties concerned and was made by the consent of all and each one
to himself according to his interest and accordingly the consent of all
the next of kin of William Mills That the award as made and confirmed is
prejudicial and unjust in the extreme to the rights and interest of Asa
Edney & his estate."

"It is prejudicial and unjust in the first place because the arbitrators
ought to have stated that the $311 bond should have been surrendered to
the makers; in the second place because they do not state the correct
amount of the price of the Negroes, particularly the girl. Thirdly,
because they have erred in having anything to do with the four bonds Asa
Edney executed to the other heirs. 4thly, they had no right to charge
Asa Edney with any interest upon any sum. 5thly, they made the award
exparte without stating the time at which the parties could be heard,
and if so they change the time without notice to the parties and without
the consent of the parties concerned. 6thly, Asa Edney, deceased, had no
notice, nor could he have been notified, nor had his executor or next of
kin any notice, nor was said award by their consent of the time it was
made. 7thly, the arbitrators long after the award was made and confirmed
with one William S. Mills and attend the award so as to increase the
amount of the other heirs & that they allowed the party to be heard to
induce an alteration in the award, which was done. Eighthly, that the
award is contrary to law. It is further alleged that whole award is
ambiguous and unsatisfactory and does not at all settle the whole matter
in dispute in that particular, for the agreement was that All Matters in
dispute was referred.  It is further alleged that the arbitrators have
only partially refereed the referment and left a part of their duties
untouched. For these reasons it is pledged that the award which is
prayed to the makers as a part of the original bill in this case, that
the $311 bond be surrendered to your orators and that other wrongs
therein contained may be rectified and justice be done to all parties."

"This bill of complaint of Ambrose J. Edney and Samuel J. Edney against
the aforesaid defendants further complaining showeth unto your Honor
that a prayer for an injunction to stay the collection of the $311 bond
upon which judgment was rendered in the Superior Court of Henderson at
June Term 1846 in the original bill and was granted to the extra June
term returnable to the fall term, on proving of which his honor Judge
Caldwell dissolved the injunction from which the complaint appealed to
the Supreme Court & dismissed upon the grounds that the plaintiffs were
in the first place mistaken as to their rights, and in the second place
their equity was not sufficiently stated in a bill to entitle them to
relief, and it appears from the reading of the bill that the plaintiff,
A.J. Edney was very unperfectly acquainted with the circumstances of the
case or the rights of testator and the other complainants, still less
familiar with the measure of the case and that the injustice has been _
?_ for want of the necessary knowledge on the part of these complainants
so as to enable them to have stated their case fully or satisfactory, so
as to have released themselves from the payment of the unjust judgment.
It is therefore the more desirable that they should be permitted to
shape their case since becoming more fully acquainted with all the
requisite facts conformable to such newly discovered parties, all of
which were in existence previous to the filing of the original bill, but
was not known in discovery to your orators until recently."

"Your orators for the special reasons herein set forth and for the very
cogent reasons that the original bill was so palpably defective that
this honorable court could not grant the relief which the true equity of
the case entitled, your orators to pray this honorable court to grant
your writ of injunction directed at the defendant E. King, restraining
him from any further proceedings in the collecting of said unjust and
inequitous judgment from your orators... further complaining, showeth
unto your honor and expressly charges that the defendants have combined,
confederated and agreed together with each other and with diverse
persons yet unknown to cheat and defraud and hinder your orators from
obtaining justice in this honorable court.

"It is further charged that the said Elisha King pretended that he
believes said $311.00 bond to be fully due & that no agreement was made,
the execution of this should be surrendered if the sale should prove to
be wrong... all of which pretense he well knows to be facto(?) and
fraudulent in form and in substance, and are contrary to equity and good
conscience... Your orators prays this honorable court to decree that the
award as made and confirmed by the arbitrators, viz Messrs. Shipp and
Roberts, be opened and corrected as fully and amply as though no
mistakes had ever been made or consented to, and that ample justice be
had and done to all parties concerned, and particularly your orators
which herein greatly argued, by compelling Elisha King, prosecute and
collect the false and fraudulent bond of $311 payable to E. & B. King as
administrators of William Mills by said Asa Edney & Samuel J. Edney, the
makers of the bond.

"It is further prayed that the honorable court will open said award
which is marked & a copy of it filed and proved, to be taken as part of
the original bill of complaint & when so approved that the bond be
surrendered to the plaintiffs in this bill of complaint for that no
consideration was ever given for the bond & for the further reason that
it is not in equity done to the estate nor any part thereof, and for the
still further reason that the estate of William Mills is far from _?_ &
there exists no necessity for urging the collection of said predicated
judgment...  That the court enjoin the defendant E. King from any and
all further proceedings to collect said judgment.... and to save
harmless... Your orators have been greatly harassed, which they must
necessarily be if this court cannot retry in their behalf... That the
defendants be served with a copy of this bill of complaint and grant
such other and further general relief as may seem most proper...
{signed} B.M. Edney, Solicitor for complainants."  Endorsed, "Testified
to, Samuel J. Edney {Seal}, William Bryson CME, this 11th day of
September" A $700 bond was then required of the plaintiffs, which was
entered.

10/4/1847:  "Henderson County, To any lawful officer of said county to
execute and return as the law directs you are hereby commanded to arrest
the body of Elias Salisbury and Samuel Edney and cause them to appear
before some acting Justice of the Peace to answer the complaint of A.J.
Edney in a plea of debt the sum of fifty one dollars by former judgment
and note.

10/16/1847: "Judgment in favor of plaintiff for the sum of fifty one
dollars principal, interest from the 10th day of May 1845, due by former
judgment... B.K. Ward {Seal}"


-1848-

2/14/1848:  Elisha King vs. A.J. Edney. "To the Sheriff of Henderson
County, Greeting. You are hereby commanded to take of the goods and
chattels, lands and tenements of Asa Edney in the hands of his executor
A.J. Edney, and of the goods and chattels, lands and tenements of A.J.
Edney, Samuel J. Edney, James M. Edney, Richard T. Lewis and David
Davenport to be found in your county... the sum of five hundred and
fifty four dollars and 18 cents..."

2/1848: "To the Sheriff of Henderson County, Greeting. You are hereby
commanded to expose to public sale Elias Salisbury's interest in thirty
acres of land, more or less, lying on the waters of Clear Creek and
joining lands of Sarah Edney, John Nix and others which was heretofore
levied on to satisfy A.J. Edney the sum of fifty one dollars principal
with interest from the 10th day of May 1845 until paid... which was
adjudged to for debt, cost and charges whereof Elias Salisbury and
Samuel Edney are liable."

2/14/1848: "State of North Carolina, Henderson County} To any lawful
officer of said county to execute and return as the law directs, you are
hereby commanded to arrest the body of Elias Salisbury & Samuel Edney
and cause them to appear before some acting Justice of the Peace for
said county to answer the complaint of A.J. Edney, Ex of Asa Edney
deceased, in a plea of debt the sum of fifty one dollars due by former
judgment & note. Herein fail not. Given under my hand and seal at office
the 4th day of October 1847. 24th of February 1848. {signed} Benjamin
King, JP."  "Levied the execution the defendants in trust in thirty
acres of land more or less lying on the waters of Clear Creek adjoining
lands of Sarah Edney, John Nicks and others. {signed} J.J. Green"

2/14/1848: "To the Sheriff of Henderson County, greeting: We command
you, as we have heretofore done, of the goods and chattels, lands and
tenements of Asa Edney, deceased, in the hands of his executor A.J.
Edney, and of the goods and chattels, lands and tenements of A.J. Edney,
Samuel J. Edney, James M. Edney [son of Reverend Samuel Edney], R.T.
Lewis and David Davenport (if to be found in your county) you cause to
be made the sum of five hundred and fifty four dollars and 18 cents, of
which sum three hundred and sixty two dollars is principal, and bears
interest from the 2nd day of April 1846 til paid, which Elisha King
surviving administrator of William Mills in our Court of Equity held for
the County of Henderson at the court house in Hendersonville ... against
them together with the further sum of fifty dollars & 55 cents for costs
and charges in the said suit expended. Whereof the said A.J. Edney,
executor of Asa Edney, A.J. Edney, Samuel J. Edney, James M. Edney, R.T.
Lewis and David Davenport are liable as appears to us of record: And
have you the said money, binds you for this service, before our said
Court at Hendersonville on the 1st Monday after the 4th Monday in March
next, then and there to render the sum of five hundred and fifty four
dollars & 18 cents and costs and charges as aforesaid. Herein fail not
and have you then and there this writ. Witness William Bryson, Clerk and
Master in Equity for our said Court at office in Hendersonville on the
1st Monday after the 4th Monday in September AD 1848. signed 14th day of
February 1848. W. Bryson CME" [Note: a document with this same wording,
included in the file, bearing date of 28 October 1848, is not repeated
in this transcription.]

4/1848: "To the Sheriff of Henderson County, greeting: You are hereby
commanded to expose to publick sale Elias Salisburys interest in thirty
acres of land more or less lying on the waters of Clear Creek adjoining
lands of Sarah Edney, John Nix and others, which was heretofore levied
on by J.J Green, constable, to satisfy to A.J. Edney, Executor of Asa
Edney, dec'd, the sum of fifty one dollars principal with interest from
the 10th day of May 1845 until paid and also the further sum of two
dollars and fifty five cents for cost and charges in said suit expensed,
which was lately in our Court of Pleas and Quarter Sessions, adjudged to
A.J. Edney... for debt cost and charges, whereof  the said Elias
Salisbury and Samuel Edney are liable as appears to us of record. And
have you the said moneys besides your fees for this service before our
said Court... to be opened and held... at the courthouse in
Hendersonville on the 4th Monday in June next... Witness James Blythe of
our said court at office this 1st Monday after the 4th Monday in March
1848."

4/1848: "A.J. Edney, Exr of Asa Edney & Samuel J. Edney, vs. Elisha King
& others. This case coming on to be heard upon the amended bill of
complaint... the judge heretofore made & the exhibits therewith, and on
the answer of the defendant Elisha King one of the defendants and the
agreement of counsel with the answer of the other defendants it is
ordered that the injunction heretofore granted be dissolved with costs
as to the defendant Elisha King. And on motion it is ordered and decreed
that the said Elisha recover against the complainants Benjamin K. Ward,
P.T. Freeman & W.K. Ledbetter the securities to the Injunction Bond, the
sum of seven hundred dollars to be discharged of the debt & costs in
this court and that the Clerk and Master issue execution therefor.
{Signed} Wm. H. Battle." Henderson County Superior Court Minute Docket.

4/17/1848: Elisha King and others vs. A.J. Edney, Samuel J. Edney,
Benjamin K. Ward, P.T. Freeman and William K. Ledbetter. A subpoena for
the collection of debt,  five hundred fifty nine four dollars and 18
cents, of which three hundred sixty two is principal with interest from
2 April 1846  ...Which Elisha King surviving administrator of William
Mills, dec'd, in our Court of Equity recovered against them together
with the further sum of thirty seven dollars & 77 cents for costs and
charges in said suit whereof... they are liable... and have you the said
money... before our said court at Hendersonville on the 1st Monday after
the 4th Monday in September next.... Witness William Bryson... this 1st
Monday after the 4th Monday in March 1848 and in the 71st year of our
Independence."

4/17/1848: Elisha King and others vs. A.J. Edney and Samuel Edney. A
subpoena for the collection of debt, one hundred fifty nine dollars and
95 cents, itemized as: 43 subpoenas = $43.00; 44 court orders = $109.40;
postage = $2.55; 20 court seals = $5.00.

4/17/1848: Elisha King vs. A.J. Edney and Samuel Edney. A subpoena for
the collection of debt, four hundred ninety two dollars and 90 cents,
$441.40 of which is for making copies of court records, "to the 1st
Monday after the 4th Monday in September next..." [Note: The amended
bill of complaint of Ambrose J. Edney, dated 6/22/1846, a 17-page
handwritten document transcribed above, was duplicated by the clerks at
the court house a minimum of twelve times. Each of the copies is in the
estate file.]

6/28/1848: A.J. Edney vs. Elias Salisbury and Samuel Edney: "After due
advertisement according to law, sold the defendants interest in the
lands named [31 acres] to Humphrey Posey for one dollars and 31 cents on
the 28th day of June 1848. Retain my fee 75 cents pay in office.
{signed] Joseph Livingston, Sheriff. To June term 1848"

6/28/1848: "This indenture made the 28th day of June in the year of our
Lord one thousand eight hundred and forty eight, between Robert Thomas,
Esquire, High Sheriff of the County of Henderson and the State of North
Carolina on the one part, and Sarah Edney of the County of Henderson and
State of North Carolina on the other part. Whereas by virtue of two
writs of "recindition expoes" issuing from County Court of Henderson
against the property of Newton J. Edney for the sum of eight dollars and
52 cents which said sum was received by Patton and Abrams, and A. Corn
of the said Newton J. Edney as on record my appear. The said writ was
directed and delivered to the said Robert Thomas, Esquire, High Sheriff,
as aforesaid commanding him to expose to sale two hundred acres of land
to satisfy Patton and Abrams and Corn's said eight dollars and 52 cents
as aforesaid. Said land lying and being in the county aforesaid,
situated and bounded as follows:

"Beginning at the mouth of the first branch between A. Edneys old place
and Marvell Edneys then up the said branch to the fork at a large pine
tree, a direct line to the mill pond fence where it now crosses Clear
Creek, then running with the said fence to the McCoy line, thence east
with said McCoy line to where the same crosses said creek, then down the
said creek to where the little clear creek enters into the mouth of
Little Clear Creek, thence running with Asa Edneys old line to the
waggon ford on the mountain branch, then up the said branch to the Myers
line then east to the corner, then with the said line to Little Clear
Creek then up said creek to the beginning, including the place upon
which the said Sarah Edney now lives, joining lands of H.T. Farmer and
others.

"And the said Robert Thomas, sheriff as aforesaid, after due
advertisement according to law did cause the said piece or parcel of
land with all the appurtenances thereunto belonging to be put up at
publick sale to the highest bidder on the 24th day of September in the
year of our Lord one thousand eight hundred and forty four at which time
and place as aforesaid, Sarah Edney, by L.A. [Ladson A.] Mills became
the last and highest bidder at the sum of ten dollars for the said land
with all the appurtenances thereunto belonging. This indenture therefore
Witnesseth that the said Robert Thomas, former sheriff of Henderson
County as aforesaid for and in consideration of the said sum of ten
dollars & 50 cents to him in hand paid by the said Sarah Edney at and
before the sealing and signing of these presents, the receipt whereof is
hereby acknowledged.

"He the said Robert Thomas, former sheriff, doth hereby bargain sell
aliene and convey and confirm unto the said Sarah Edney, her heirs,
executors, administrators or assigns forever all the aforesaid Newton J.
Edneys' right, title, claim or demand of or in the aforesaid piece or
parcel of land with all the heredetaments, rents or emoluments to the
same, belonging or in any wise pertaining to hold to her the said Sarah
Edney, her heirs, executors, administrators, or assigns forever in as
full and ample a manner as the said sheriff is empowered by virtue of
his office and the aforesaid writ. And further, the said Robert Thomas,
former sheriff, doth hereby covenant promise and grant to and with the
said Sarah Edney... may from time to time and at all times hereafter
hold, occupy, possess and enjoy the said premises with the appurtenances
free and clear of and from all encumbrances made, done or committed by
him the said sheriff or by his orders, means, or procurements. And he
the said Robert Thomas, former sheriff, will warrant and defend the same
to the said Sarah Edney... so far as his office of sheriff will admit,
and no further.

"In witness whereof I, Robert Thomas, former sheriff of Henderson County
aforesaid have hereunto set my hand and seal the day and year first
above written, signed, sealed and delivered in the presence of C.R.
Thomas and W. Bryson, State of North Carolina, Henderson County Court of
Pleas and Quarter Sessions, June session 1848. The within deed was duly
presented in open court by the oath of W. Bryson, a subscribing witness
thereunto. Recorded and ordered to be registered. {signed} James Blythe,
Clk."  Henderson County Deed, book 3, pages 797-798.

8/5/1848:  Elisha King wins his suit for the $362 note plus interest,
and ends up with the home and land of Ambrose Edney. "For the want of
goods and chattels sufficient to satisfy this judgment levied on the
defendant A.J. Edneys interest in two tracts of land adjoining each
other and including the place where the said Edney now lives, 1st tract
containing 200 acres more or less, 2nd tract containing 106 acres more
or less, adjoining the first tract. J. Livingston, Sheriff"

10/1848: "A.J. Edney et al vs. Elisha King et al. Ordered by the Court
that the moneys collected in this case be retained in the office until
security is given for the retention of the same, when ordered by the
Court. Motion by plaintiffs counsel for a rule on the... & show cause
why the costs for issuing the copies of the amended bill shall not be
subtracted out. Motion continued... It is ordered, adjudged and decreed,
that the Clerk & Master, William Bryson, have and recover of A.J. Edney,
executor of Asa Edney, dec'd, and A.J. Edney & Samuel J. Edney three
hundred dollars for his costs as Clerk and Master, in the original and
amended bills for all his services rendered or to be rendered by him,
except for taking depositions or on account thereafter, for which he may
be allowed by the Court a fair compensation as in other cases, and that
execution issue therefor." Henderson County Superior Court Minute Docket

10/4/1848: "After due advertisement sold the lands above levied on and
named at the court house in Hendersonville on the 4th day of October
1848 the two hundred acre tract to Samuel Wilkins for two hundred and
sixty nine dollars, the one hundred and six acres tract to G.P. Edney at
forty three dollars. Total amount $312. Retain my service fee and
commission on this nine dollars & 30 cents, pay in office three hundred
and six dollars and seventy cents  is by sale of personal property of A
.J. Edney.  {signed} Joseph Livingston, Sheriff"

10/9/1848: Elisha King vs. A.J. Edney and Samuel Edney. Debt of three
hundred dollars. To Spring term 1849.

10/9/1848: "To the Sheriff of Henderson County we command you, as we
have done heretofore, of the goods and chattels, lands and tenements of
A.J. Edney, Samuel J. Edney, Benjamin K. Ward, P.T. Freeman and William
K. Ledbetter (if to be found in your county) you cause to be made the
sum of five hundred and fifty four dollars and 18 cents of which more
than three hundred and eighty two dollars is principal and bears
interest from 2nd day of April 1846.. which Elisha King surviving
administrator of William Mills claimed in our court of equity held for
the County of Henderson at the Court House in Hendersonville, recover of
them together with the.. sum of thirty four dollars & 97 cents for costs
and charges expended, whereof the said Asa Edney by his executor A.J.
Edney, and A.J. Edney, Samuel J. Edney, Benjamin K. Ward, P.T. Freeman
and William K. Ledbetter are liable as appears to us of record; and have
you the said money.. before our said court at Hendersonville in March
next... Wilys William Bryson Clerk and Master of our Court at office in
Hendersonville on the 1st Monday after the 4th Monday in September AD
1848. Signed 9th October 1848, W. Bryson CME"

10/9/1848: "To the Sheriff of Henderson County we command you of the
goods and chattels, lands and tenements of Asa Edney, deceased, in the
hands of his executor A.J. Edney, and of the goods and chattels, lands
and tenements of his executor A.J. Edney, and Samuel J. Edney (if to be
found in your county) you cause to be made the sum of three hundred
dollars which William Bryson, Clerk and Master in our said Court of
Equity, recover of them in this _?_ with Elisha King and others and have
you the sum three hundred dollars besides your fees for the serving
before our said Court of Equity at Hendersonville aforesaid on the 1st
Monday after the 4th Monday in March next, then and there to return the
said sum of three hundred dollars. Herein fail not... Witness William
Bryson, Clerk and Master of our said Court at office in Hendersonville
on the 1st Monday after the 4th Monday in September AD 1848. Signed 9th
day of October 1848. W. Bryson CME" A second document bearing the same
date, sum and wording is also included in the papers. 

"Page 2: William Bryson vs. A.J. Edney, Execr, & Samuel J. Edney, for
the Spring Term 1849.  On the first Monday in November 1848 to be James
M. Edney, one Negro named Chrisy for $771.25. Page 3: Elisha King et al
vs. A.J. Edney et al, fi fa to Spring Term 1849. Collected by the sale
of Negro boy Sam four hundred dollars, retain fee and commissions and
sale fees, $17.95 cents pay into office, three hundred & 82 & 05 cents
on this No 1 & 2. {signed} T.W. Taylor, Sheriff. Deposited by D.
Davenport one hundred dollars of which sum two dollars and 50 cents to
my use. {signed}T.W. Taylor, Sheriff"


-1849-

Off to a Higher Court; A Reversal of Fortunes.

Spring Term, 1849: Elisha King vs. A.J. Edney. "Collected by the sale of
Negro boy Sam four hundred dollars. {signed} T.W. Taylor, Sheriff" for a
judgment of $598.73.

6/25/1849: "A.J. Edney, Exr & others vs. Elisha King & others. Ordered
that the plaintiffs have leave to take the deposition of Marville M.
Edney & B.M. Edney two of the defendants to be read into evidence,
subject to all just exceptions - By consent this case is removed to the
_?_ Court, with leave to take testimony in the mean time." H.C. Superior
Court Minute Docket.

9/11/1849: "State of North Carolina, Supreme Court at Morganton. August
Term 1849. A.J. Edney, executor, et als, vs. Elisha King, administrator,
and others. In Equity from Henderson. This cause coming on to be heard
upon the original and amended and supplemental bills, the answers,
exhibits, proofs and former orders and having been hitherto debated by
counsel on both sides and the matter considered by the court."

"It is thereupon declared to be the opinion of the Court that the award
of Messrs. Shipp and Roberts [arbitrators] set forth in the pleadings
doth not find or declare that the division of the Negro Slaves made by
Asa Edney and others as mentioned in the bill was or should be valued --
and also that if the said award had so found -- or declared, the
plaintiffs could not take benefit thereof because the bill states that
neither the said Asa nor the plaintiff Ambrose J. Edney, the Executor of
the said Asa, deceased, was or is bound by the said award -- but it
insists that the same is void as to them, for the reason that the said
Asa died several months before the case was heard by the said
arbitrators, or the making of said award -- and because the said Ambrose
J. Edney was not a party to the subdivision, under which the said award
was made.

"Wherefore it is ordered and decreed that the Plaintiffs' bill be and
the same is hereby dismissed -- at the costs of the plaintiffs to be
taxed by the proper officers and to be paid by the plaintiffs and James
M. Edney, Samuel J. Edney, Richard T. Lewis and David Davenport, the
sureties on the injunction bond. But this decree shall be without
prejudice to any other suit or suits the plaintiff may be advised to
bring against the same or any other person in respect to any of the
matters in the suit involved."

The year 1849 ends with William Mills' estate, administered by Elisha
King, holding the upper hand against the heirs of Asa Edney, many of
whom by now have lost their homes, land and personal possessions in an
attempt to protect what they believed to be the rightful property of
their father. So far, the biggest loser has been Ambrose J. Edney. It
would not be the last time the Supreme Court of North Carolina was
called upon to settle matters in the estate. A dispute over slaves would
also be heard in that Court, but that would not be for another six
years, Sarah Mills Edney the plaintiff.


-1850-

Ambrose Jones Edney and William Featherstone, brothers-in-law, get into
an "affray" outside the courthouse. Both are tried in court and found
guilty.

July - September 1850: Elisha King, with a victory in the state Supreme
Court, returns to Henderson County to collect the debts owing to William
Mills' estate from Asa Edney's estate, A.J. Edney, plaintiff. (a) "The
cost and judgment in the case, five hundred and eighty nine dollars and
92 cents, for which A.J. Edney sold a Negro boy of the estate for three
hundred and eighty two dollars, which Negro boy was willed to the widow
Edney. Balance due $207.92."  (b) "Judgment for clerk of court costs
three hundred sixteen dollars and 50 cents, for which he sold the
property of A.J. Edney for one hundred and sixty dollars, the balance of
that judgment be paid out of his own property." (c) "B.M. Edney attorney
fees on several suits for the executors $80.80." (d) "Two bills of cost
from the Supreme Court $78.00." (e) "Which leaves the estate of Asa
Edney in debt to A.J. Edney six hundred and twenty seven dollars and 98
cents."


-1851-

Sarah Mills Edney had become dissatisfied with the way her late
husband's estate was being administered, and decided to take the
initiative by filing suit against her son Ambrose J. Edney, and others.
Ambrose, as executor, had made her mother one of the defendants, but
that is procedurally correct when an estate is in dispute that the
executor(s) becomes the plaintiff and all other parties become
defendants. Sarah's suit had a different slant.

10/13/1851: A subpoena is placed in the hands of the Sheriff by A.C.
Gullick, one of the clerks of court of Henderson County. "You are hereby
commanded to take the bodies of William Bryson clerk of court, David
Davenport, Ben Ward, Toliver Lewis, Ambrose J. Edney and Govan Mills if
to be found in your county, and them safely keep, so that you have them
before the Judge of the Superior Court of Law, at the next Court to be
held at the Court House in Hendersonville on the 4th Monday in March
next; then and there to answer Sarah Edney of a plea of trespass on the
case, to the plaintiffs' damage one thousand dollars."

10/16/1851: The above named defendants in Sarah Edney's suit each file a
two thousand dollar appearance bond. The case is to be heard during the
March 1852 court term.


-1852-

3/12/1852: "I, J.W. Taylor, Sheriff of Henderson County, do assign the
within obligation to Sarah Edney therein named, her executors and
administrators to be served for according to the Statute in such case
made and provided. In Witness whereof I have hereunto set my hand and
seal."

9/30/1852: Deed. "This indenture made and entered into on the 30th day
of September AD 1852 between Calvin Edney of the County of Yancey of the
first part and Millington Pittillo of the County of Henderson on the
second part. Witnesseth that for and in consideration of fifty dollars
to the said Calvin Edney in hand paid by said Millington Pottillo, the
receipt whereof is hereby acknowledged, I, the said Calvin Edney have
bargained, sold and conveyed and do by these presents bargain and convey
unto the said Milling Pottillo and his heirs a certain piece or parcel
of land lying and being in the county of Henderson on Clear Creek,
bounded as follers to wit -- BEGINNING ON A BLACK GUM MARKED "W.M." on
the south side of Clear Creek near the bank of said Creek, thence with a
conditional line marked near a south corner, crossing a branch, thence a
cause way on said branch, thence up said branch to the waggon ford to
Asa Edneys' corner, thence with A. Edneys' line to mouth of Little Clear
Creek, thence down the main creek to the beginning, having such shape as
will appear by a plat of the same BEING A PART OF THE SAME LAND THAT
WILLIAM MILLS BOUGHT OF SPENCER McCOY."

"And I the said Calvin Edney do hereby covenant to and with the said
Millington Pottillo and his heirs that I have the title to said land and
have a right in law to sell and convey the same. And I do further
covenant to and with the said Millington Pottillo and his heirs to
forever warrant and defend the right and title in and to said land to
him and them free from the claims of me, my heirs, and all other persons
whatsoever. In writing whereof I have hereunto set my hand and seal the
day and date above written. Signed, sealed and delivered in the presents
of L. Pottillo, Jurat; Calvin Edney {Seal}"

Endorsed: "State of North Carolina, Henderson County. Clerks Office in
Vacation the 30th day of September 1852. The execution of the foregoing
deed was duly proven before me by the oath of L. Pottillo the
subscribing witness thereto. Recorded and ordered to be registered.
Witness R.W. Allen, CCC. Registered 30 day of Sept 1856"

9/30/1852: "This indenture made and entered into on the 30th day of
September AD 1852 between Henry T. Farmer of the county of Henderson and
the State of North Carolina of the one part and Millington Pitillo of
the same County and State of the other part. Witnesseth that for and in
consideration of two hundred twenty dollars paid to the said Henry T.
Farmer by the said Millington Pitillo the receipt whereof is hereby
acknowledged, I the said Henry T. Farmer have bargained sold and
conveyed, do by these presents bargain sell & convey unto the said
Millington Pitillo and his heirs a certain piece and parcel of land
lying and being in the County of Henderson on Clear Creek bounded as
follows, to wit. BEGINNING ON A BLACK GUM MARKET "W.M." on the south
side of Clear Creek near the bank of said creek thence with a
conditional line marker near a South Course crossing a branch thence a
crossaway on said branch thence up said branch to the Waggon ford to Asa
Edneys' corner thence with Asa Edneys' line to the mouth of Little Clear
Creek thence down the main creek to the beginning, having such shape as
will appear by a plat of the same BEING A PART OF THE SAME LAND THAT
WILLIAM MILLS BOUGHT OF SPENCE McCOY supposed to contain thirty acres
more or less. And I do hereby covenant to and with the said Millington
Pitillo and his heirs to forever warrant and defend the right and title
to them and their assigns free from the claim or claims of me, my heirs
and all other persons whatsoever except those of H. Drake & L. Pitillo."
Henderson County Deed book 5, page 71. [Was it Henry Farmer or Calvin
Edney who conveyed the land to Millington Pitillo? See the next entry.]

-1853-

Through the end of 1852 the principal players had been Elisha King, and
those whom he represented, Ambrose J. Edney and those whom he
represented.  Now that Sarah has taken the initiative, another son's
name appears in the records, one who had been named as one of Asa's
executors in the will. Even though so named in the Will, he had not
attempted to qualify as one of the executors.  That son was 50-year old
Calvin Edney of Yancey County, who up until then had been visibly
missing from the list of plaintiffs and defendants.

4/4/1853: A subpoena to the Henderson County sheriff. "You are hereby
commanded to summon Samuel J. Edney, Calvin Edney, M.M. Edney and T.W.
Taylor... then and there to testify and the truth to say in behalf of
Sarah Edney... wherein Sarah Edney is plaintiff and Govan Mills and
others defendants."

4/30/1853: Mortgage Deed. "This indenture made this 30th day of April in
the year of our Lord one thousand eight hundred and fifty three, between
Joseph Livingston, Esquire, High Sheriff of the County of Henderson of
the one part, and Govan P. Edney of the County of Henderson of the other
part. Whereas by virtue of a writ of Venditionus Exponis issuing from
the Court of Equity against the property of Ambrose J. Edney and others
for the sum of five hundred and eighty seven dollars and twenty two
cents with interest, which said sum was recovered by Elisha King,
administrator of the said Ambrose J. Edney and others... Commanding
Joseph Livingston to expose to sale A.J. Edneys' interest in two tracts
of land adjoining each other, Reedy Patch Creek.... Containing two
hundred acres by a grant to Andrew Miller dated 20th December 1796... At
which sale G.P. Edney became the last and highest bidder at the sum of
two hundred and sixty nine dollars. {Signed} Joseph Livingston, Sheriff"


-1854-

Nothing contained in the file other than a series of vouchers, of
varying dates, made to Sarah Edney for reimbursement of travel expenses
and court attendance on twenty nine different days, preparing her case;
$38.50


-1855-

The highlight that year was the renunciation of any claim to their
father's estate by four of his sons. Maybe they did it for their mother,
who was getting on up in years, now approaching 75.  As a descendant of
Calvin J., this is an important part of the estate settlement. Sarah
Edney has her turn in the Supreme Court.

4/4/1855: "In consideration of a penny I hereby release M.M. [Marvel
Mills] Edney, N.J. [Newton J.] Edney, C.J. [Calvin J.] Edney and Samuel
Edney, from any and all liability whatever as legatees or next of kin or
heirs at law of Asa Edney, to account to me for any (unreadable)
whatever which I may have... by reason of failing to claim any legacy or
part of legacy given to them by the will of Asa Edney, deceased. April
4th, 1855. {Seal} Sarah (x) Edney"

8/1855: "State of North Carolina; Supreme Court at Morganton, August
Term 1855 from Henderson County. Sarah Edney vs. William Bryson [clerk
of court], et als.  This cause coming on to be argued upon the
manuscript of the record from the Superior Court of Laws for the County
of Henderson upon consideration thereof this court is of opinion that
there is no error in the processing of the said Superior Court of Law.
Whereupon it is ordered and adjudged by the Court here that said
Judgment be, and the same is hereby in all things approved, and that the
plaintiff have and recover from the defendants William Bryson, David
Davenport, Benjamin Wood, Toliver Lewis, Ambrose J. Edney and their
surety Richard T. Lewis the sum of three hundred and forty six dollars,
the damages assessed by the jury and upon motion it is ordered that
execution for the same issue returnable to the Superior Court for
Henderson County."

"And let this be certified to the Superior Court of Law for Henderson
County to the intent that said court process for the costs therein
according to the Statute in that case made and provided and also to the
intent that if need be for further executions issued from said court for
said damages. {signed} D.R. Dodge, Clerk, Supreme Court Morganton."

A victory for Sarah!

10/4/1855:  "Know all men by these presents that we Marvel M. Edney,
Samuel J. Edney, John Baxter and H.L. Fanning are held and firmly bound
unto A.J. Edney in the sum of eight hundred dollars for the true and
faithful payment whereof we bind ourselves... this 4th day of October A
.D. 1855.  The condition of the above obligation is such that whereas
the above bounded Marvel M. Edney, Samuel J. Edney and Calvin Edney hath
obtained an injunction for the collection of a judgment lately rendered
against him for the sum of four hundred and thirty five dollars with
interest and cost, commanding that all further proceeding be stopped to
collect the sum of $435.00 until the further order of this court. M.M.
Edney {Seal}, Samuel Edney {Seal}, Jno Baxter {Seal}, Henry Fanning
{Seal}"

10/5/1855: Samuel J. and Marvel M. Edney make a successful play to place
their inheritances in the title of another, in the person of John
Baxter, to protect their inheritances, it seems, from remaining or being
a part of the lawsuits surrounding their bequests from Asa Edney.  "This
indenture made and concluded on the 5th day of October AD 1855 between
M.M. Edney and Samuel J. Edney of the first part and John Baxter of the
second part, all of the county of Henderson, North Carolina, Witnesseth
wherein the said John Baxter and Henry T. Farmer have become the
securities to an injunction bond between Calvin, M.M. Edney and Samuel
J. Edney in the Court of Equity for the county aforesaid for which the
parties of the first part desire to hold themselves harmless. Now,
therefore, in consideration of the promises the said Samuel J. Edney
hath for the purpose aforesaid and for further consideration of one
penny in hand paid, the receipt of which is acknowledged by these
presents before the execution of the same, he hath bargained, sold, and
conveyed by these presents, doth bargain, sell and convey unto the said
John his heirs and assigns in fee simple all of my tract of land on
Reedy Patch Creek and tract adjoining on which I live, more particularly
described by title paper to him and to hold with all woods, ways, mines,
minerals, hereditaments and appurtenances, the same being or in any wise
appertaining, and he the said Samuel J. Edney doth hereby covenant &
warrant and defend the title to the same forever against himself, his
heirs and all persons whosoever.

"And the said M.M. Edney doth for a like consideration and purpose,
bargain, sell, convey and deliver to the said John Baxter all and any
right, title, and interest in and to the Negroes and their increase
bequeathed by Asa Edney to his sons for life with remaining to the said
M.M. Edney. Consenting to warrant, I deferred the title to the same
against all other claims whatsoever in special trust and confidence.
Nevertheless, that in the event a decree is rendered against them, the
said Baxter & Farmer or either of them by any court of competent
jurisdiction upon said injunction bond and the same shall not be paid by
their securities. Then the said Baxter shall after 20 days notice shall
sell said Negroes and land at public auction to the highest bidder for
cash and apply the proceeds for his and Farmers' indemnity and us due,
apply as these parties, conveying the same shall and may _?_ after a
reasonable compensation for his trouble, expenses of 4 citations _?_...
Witness of which we have signed, sealed and delivered this deed, the day
and year first above written. Samuel Edney {Seal} M.M. Edney {Seal}"
Recorded Deed Book 5, page 767.

10/5/1855: "Henderson County. In consideration of one hundred and twelve
dollars and fifty cents to me in hand paid by John Baxter, the receipt
of which I do hereby acknowledge before the execution of this
conveyance, I have bargained, sold and delivered, and by these presents
do bargain sell and deliver to the said John Baxter, his executors and
administrators forever, all the right, title, interest, claim or demand
vested in me by the will of Asa Edney, deceased, in and to a certain
Negro bequeathed to him for life and then over to his heirs with all
their increase, said will to have and to hold forever to his own proper
person free and clear of all claims and encumbrances by me or any person
claiming under or through me, and I do hereby covenant and agree to
warrant and defend the title hereby conveyed against all and every
person claiming or to claim the same or any part of them. In witness of
which I have signed, sealed and delivered this conveyance on this the
5th day of October 1855. Sam Edney {Seal}"  "The execution of the
foregoing bill of sale was duly acknowledged in open court by Samuel J.
Edney, the maker thereof... duly registered in Book No. 5, page 768B &
769."

10/7/1855: "Henderson County. October 7th 1855. I Newton J. Edney the
day and date above written, for and in consideration of the sum of  one
hundred and thirty dollars to me in hand paid by B.M. Edney, bargained
unto the said Edney all my right, title, claim and interest in four
Negroes now in the possession of Mrs. Sarah Edney, who has a life
interest in said Negroes, Harriet aged thirty four years, Bob aged ten
years, Colier aged seven years, and Charlotte aged five years. I also
warrant unto said Edney the title to said property and the soundness of
said above named Negroes and warrant them slaves for life and for the
fulfillment of the foregoing covenant. I bind myself, my heirs,
executors, administrators, and assigns. Sealed with my seal and dated as
above in the presence of M.M. Edney (Jurat). Newton J. Edney {Seal}"
Deed Book 6, page 479, endorsed, "Recorded 12 May 1858"


-1856-

12/1856: Asa and Sarah's eldest son, Newton J. Edney, dies at the age of
sixty-one. 
12/1856: Sarah Mills Edney dies at the age of eighty-two. Doctor Marvel
Mills Edney, a son, and William Featherstone, a son-in-law, become her
administrators. Asa has now been dead fourteen years. Arguments over the
ownership of slaves continues. The end is nowhere in sight as litigation
will continue for another thirty-four years.

12/30/1856: "State of North Carolina, Henderson County }} Know all men
by these presents, that we, M.M. Edney and William Featherstone are held
and firmly bound unto the State of North Carolina, in the sum of Fifteen
Hundred Dollars, current money, to be paid to the said State. To the
which payment well and truly to be made, we bind ourselves, our heirs,
executors, and administrators, jointly and severally, firmly by these
presents. Sealed with our seals, and dated this 30th day of December
Anno Domini, 1856... And if it shall appear that any Will Or Testament
was made by the deceased [Sarah Edney], and the Executor or Executors
therein named do exhibit the same in Court, making request to have it
allowed and approved accordingly, if the said M.M. Edney and William
Featherstone above bounded, being thereunto required, do render and
deliver the said Letters of Administration, (approbation of such
Testament being first had and made in the said Court) then this
obligation to be void, otherwise to remain in full force and virtue.
Signed, Sealed, and Delivered, in presence of {Signed} R.W. Allen C.C.C.
Wm. Fetherston {Seal} M.M. Edney {Seal} B.B. Bryson {Seal} H.E. Lewis
{Seal}" The only other papers now existing in the Archives at Raleigh,
which are directly related to Sarah Edney's death and estate
administration are sales of personal property.

Persons purchasing items from her estate, bearing this endorsement
"Inventory within copied on the minutes of March Term 1857 by me R.W.
Allen, C.C.C." include, but are not limited to: William Jones Lewis,
Lucian H. Edney, L.J. Pitillo, Isaac Laughter, S. Neeley, Matthew
Neeley, Samuel J. Edney, William K. Ledbetter, Matthew Corn, Elias
Salisbury, Ambrose J. Edney, William Featherstone, Thomas Posey, Marvel
M Edney, James M. Edney, Thomas King, William Edney. [Note: An important
item is purchased by William Featherstone: Asa and Sarah's family Bible!
Where is it now???]

-1857-

"In Equity, Fall Term 1857. Henderson County. To the Honor, the Judge of
the Court of Equity. The petition of B.M. Edney, John M. Ledford and
wife Elmira [Buncombe Co.], against Calvin Edney [Yancey Co.], Ambrose
J. Edney, Marvel M. Edney, Elias Salisbury and wife Elizabeth, John
Taylor and wife Matilda [TN], Joseph Pickett and wife Amanda [Gilmer Co.
GA], John M. Tinsley [Knox Co. TN], William Featherstone and wife Emily,
M.M. Edney and William Featherstone administrators of Sarah Edney
deceased, Marvel M. Edney Administrator of N.J. Edney deceased, John
Posey, Columbus Posey, William Posey, infants, by their guardian
Benjamin Posey. Humbly complaining that they are tenants in common of
the following slaves, namely Harriet, Bob, Cele, Charlotte, Teny, your
petitioners represent that the slaves cannot be divided amongst so great
a number of claimants, and that a sale of said property is absolutely
necessary for a fair and equitable partition. Most of the parties
defendant are not residents [of Henderson County]... Your petitioners
further pray to your Honor... that publication be made to the non-
resident defendants."

"B.M. Edney swears that Joseph Pickett and wife Amanda, John Taylor and
wife Matilda, J.M. Tinsley, J.M. Ledford are now residents and prays
that publication may be made requiring the absent defendants to appear
at the next term of the court to answer petition. The undersigned
tenants in common confess service of the within petition. {signatures}
M.M. Edney and as Administrator of Sarah Edney, William Featherstone and
as Administrator of Sarah Edney, Elias Salisbury and wife, Joseph
Pickett and wife Amanda, John Taylor and wife Matilda, Samuel Edney,
Benjamin Posey guardian of heirs of Humphrey Posey."