Lenoir County, NC - W.B. Ferrell & Wife vs E.S. Broadway ~~~~~~~~~~~~~~~~~~ N. C. SUPREME COURT CASE #20,112 - FERRELL, W. B. AND WIFE vs E. S. BROADWAY –– Lenoir County – 1900 – original at the NC Archives, Raleigh, NC Aug Term 1899 Lenoir County Superior Court – N. J. Rouse and A. J. Loftin attorneys for the plaintiffs – case refers to Fred P. Arthur and wife vs Jesse W. Broadway, Superior Court 1879 - They wish to set aside the judgement for irregularities (I assume this refers to the Arthur vs Broadway Superior Court Case in Lenoir County). It also refers to the case of W. B. Ferrell and wife and others vs E. S. Broadway with a judgement in 1889 and they wish to set aside for irregularities. The original case found they were all heirs and tenants in common. Deposition of A. J. Loftin, attorney for following heirs of Jesse W. Broadway, dec – W. D. Broadway, M. L. Broadway, Alice Faulkner wife of Quince H. Faulkner. These people were entitled to the action on 1887. Non resident of NC Parties – E. S. Broadway Prior to 13 Feb 1879 J. W. Grainger was the owner of the land – on 13 Feb 1879 Jesse Broadway executed a mortgage in which he conveyed the land to pay a $625 judgement – on 6 Oct 1879 the Court found in favor of F. P. Arthur against Broadway and the land was sold to pay the debt -–the land was sold at Court and E. S. Broadway purchased it for $725.68. A note states that Alice was married before she was 21. W. A. Broadway was born in 1873. DEPOSITIONS 1. Mead Broadway and A. Faulkner – in 1889 Mead Broadway, Alice Faulkner wife of Q. A. Faulkner and Willie D. Broadway were minors – W. B. Ferrell was their next best friend but he died before the termination of said action – he died 1 Aug 1886. Their interests were sacrificed because of his death. J. W. Grainger now in possession of the land having purchased the land from E. S. Broadway who won original case – the land was held in common by all the heirs – Grainger held the mortgage of $6000 and he knew the land was held jointly 2. J. W. Grainger – he states he knew the three were under age but denies they were not represented – Ferrell was their next best friend – Ferrell’s wife was Georgia who was of age – also of age was J. L. and C. A. Broadway – all plantiffs were represented by George V. String and D. E. Perry, all now dead – he further denies the three were heirs in common with E. S. Broadway. He states the three were children of Elizabeth Oxley who was never married - the land was originally 498 acres but a recent survey said it was only 303 acres and worth $3000 3. John R. Phillips – 18 Nov 1899 - states he was about 60 years old – knew Jesse Broadway for fifty years and knew Elizabeth Oxley for 40 years – Jesse had one legitimate son – E. S. Broadway by his marriage with Susan Tilghman – after Susan’s death, Jesse then lived openly in adultery and had Mead, Alice and Willie D. Broadway 4. LEWIS KILAPTRICK – 21 Nov 1899 – states he was now 80 years old – knew Jesse Broadway all his life – Jesse married Susan widow of Joseph Tilghman and had the one child - he then lived with Elizabeth Oxley and had the other children – no one was aware that Jesse and Elizabeth ever married – Jesse applied for membership in the same church as Lewis and was turned down but after Elizabeth died, he was received 5. J. Langston – 21 Nov 1899 – now 68 years old – his lands adj the one in the controversy – he then repeated the same information as the others 6. ALEXANDER HOOTEN – 23 Nov 1899 - states he was 50 years of age – land also adj to the land in question – member of the same church as Lewis Kilpatrick – no additional new information It appears the Supreme Court did not set aside the original Judgement. ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Martha Mewborn Marble ___________________________________________________________________