UNION COUNTY, NC - WILLS - James S. Russell Estate Papers ----¤¤¤¤---- Copied from the original papers in the bible of David Green Russell (1819-1895) *********************************************************** Paul Hagler Execute by vs John W. Long and John Long Margaret Russel, Adm July the 17th 1844 The defendant failed to appear therefore judgement given against the defendents for thirty five dollars principal and 40 cents cost. W.H. Simpson J.P. ******************************************************************* This indenture made the 19th day of October AD one thousand eight hundred and forty six by and between C.M.T. McCauley, clerk and master in equity for the county of Union State of North Carolina of the one part and David G. Russell of the county and State aforesaid of the other part witnesseth that whereas pursuant to a decree obtained at February term 1844 of the court of Equity the said C.M.T. McCauley C.M.E. as aforesaid proceed to sell at the residence of Margaret Russell on the 1st day of April 1844 on a credit of twelve months all the land belonging to the estate of James S. Russell, dec'd set forth in the petition for sale which said petition was filed by David G. Russell and other heirs at law of said James S. Russell when and where David G. Russell became the last and highest bidder for one certain tract more particular by hereinafter described at the sum of seven hundred dollars that is at two 80/100 dollars per acre it being then suppased from the fact that the deeds only called for two hundred and fifty acres to contain two hundred and fifty acres and gave bond with Elizabeth Russell as surity for the payment of the same and whereas at August Term 1844 the said sale was confirmed and whereas also the purchase money has been paid. Now, therefore this Indenture witnesseth that for and in consideration of the premises together with the further consideration of seven hundred and fifty five 46/100 dollars to me in hand paid the receipt whereof is hereby acknowledged in full. I C.M.T. McCauley clerk and master in Equity for the county of Union have bargained sold and conveyed and by these presents do bargain sell and convey unto the said David G. Russell a certain tract or parcel of land lying in County of Union on the north side of Duck Creek bounded as follows to wit. Beginning at a stone in the channel of said creek at the wagonford and runs up the Rocky River Road with Sutton William's lines North and West sixty eight poles to a stake in said road (now down) thence North and West one hundred and twenty poles to a p. oak on the west side of said road, thence South 45 3/4 West one hundred and ten poles to a small p. oak sapling on a hill thence North forty one West fifty eight poles to a small Black Oak sapling at the edge of a road near the old corner (down) thence South 47 West 58 poles crossing the north prong of said creek to a sweet gum on the south bank Pickins corner and line thence South 38 East twenty eight poles to a Post Oak formerly Pickens corner and line thence South 21 West one hundred and ten poles to a small post oak near a road thence South 45 West seventy four poles to a hickory formerly David Purvians corner now John W. Davis', thence with said Davis' line South 34 3/4 East eighty five poles to a hickory sapling said Davis' corner thence South 70 East eighteen poles to a Spanish Oak on the North Bank of the South fork of said Creek thence with the various meanderings of said creek to the beginning containing 309 acres more or less formerly deeded for two hundred and fifty acres to have and to hold the same together with all the rights water ways priveleges and appurtenances hereunto belonging to him the said David G. Russell his heirs and assigns forever in fee simple absolute. And I, the said C.M.T. McCauly , Clerk and Master as aforesaid do covenant to warrant and defend title to him the said David G. Russell so far as I am bound by virtue of my office and one and other. In testimony whereas I have hereunto set my hand and affixed my seal the _______ deed date above written. Signed sealed delivered In the presence of C.M.T. McCauley Hugh Stewart John L. Lemond Deed proven and recorded in April term of Pleas and Quarter Sessions 1847, Union County, NC, Registrar's office, Book 1, page 483. ******************************************************************* State of North Carolina To any Constable, or other lawful officer Union County You are hereby commanded to summons John W. Long and Margaret Russell, adm. of James S. Russell, dec'd. if to be found in your county and them safely keep, so that you have them before some Justice of the Peace, of said county within thirty days from the date hereof, (Sundays excepted) to answer Paul Hagler of a plea of debt, due by account of thirty five dollars which sum they delay the payment of. Herein fail not. Given under may hand and seal, the 2nd day of July 1847. W.H. Simpson J.P. ******************************************************************* State of North Carolina Court of Pleas and Quarter Sessions Jan. Term 1848 Union County It appearing to the satisfaction of the court that this power of attorney was executed by John G. Russell let it be recorded and registered. John McCollum C.C.C. (The above power of attorney is registered in the registrar's office, Union Co., NC, Book 2, page 97) ********************************************************** State of Tennessee Bedford County Court January term 1848 This day a power of attorney executed by John G. Russell to David G. Russell bearing date the 3rd day of January 1848 was produced in open court and the execution thereof duly acknowledged by the said John G. Russell the maker to be his act and deed for the purposes therein, express where upon the court ordered the same to be so certified. ********************************************************* State of Tennessee Bedford County I, Robert Hurst, clerk of the county court of said County hereby certify that the forgoing is a true and perfect transcript of the minutes of our said court setting forth the acknowledgement of a power of attorney from John G. Russell to David G. Russell. In testimony whereof I have hereunto set my hand and affixed my seal of office this 12th day January AD 1848. Robert Hurst, Clerk ******************************************************* Power of Attorney to David G. Russell 1848 I do hereby nominate and appoint David G. Russell my attorney in fact to demand and receive for me, from Margaret Russell and Charles Seahorn administrators of James S. Russell, dec'd of Mecklenburg or Union County State of North Carolina or any other person having possession of or liable for the same part of a legacy which has descended to me by the deseased of my father James S. Russell and I do hereby fully authorize my said attorney to execute and deliver to the proper person or persons concerned all necessary receipts, acquittances and discharges which may be necessary for him to sign and deliver in my name and to employ counsel if necessary at my expense and charge and finally to do all things that may be required of him to do in the premises and I do hereby ratify and confirm all the lawful dets and doings of my said attorney in as full and compleat a manner as if done by myself in person. Witness my hand and seal, this 3rd day of January AD 1848 Jacob Morton John W. Key John G. Russell ******************************************************** (Two different documents for the same summons) State of North Carolina To any Constable, or other lawful officer Union County You are hereby commanded to summons Margaret Russell, surviving administrator of James S. Russell, dec'd. if to be found in your county and her safely keep so that you have her before some Justice of the Peace of said county within thirty days from the date hereof (Sundays excepted) to answer Paul Hagler of a plea of debt due by former judgement of thirty five dollars with interest and cost which sum the delay and the payment of. Herein fail not. Given under my hand and seal the 20 day of January 1851 W.H. Simpson ****************************************************** State of North Carolina Union County To any constable or other lawful officer you are hereby commanded to summons Margaret Russell surviving administrator of James S. Russell, dec'd if to be found in your county and her safely keep so that you have her before some justice of the peace of said county within thirty days from the date hereof (Sunday excepted) to answer Paul Hagler of a plea of debt due by former judgement of thirty five dollars with interest and cost which sum she delays the payment of. Herein fail not given under my hand and seal the 20 day of January 1851 W.H. Simpson J.P. ***************************************************** (The following two documents were both in the bible concerning the same judgement, but are clearly two different documents) Paul Hagler vs Margaret Russell Surviving admin,tx February 15th 1851 The defendant failed to appear. Judgement is therefore rendered agasint the defendant for principal debt $35.00 former cost .40 present cost .40 $35.80 and interest on thirty five dollars principal debt from July the 17th 1844 until paid. ******************************************************* Endorsed as follows, viz Paul Hagler Executed by Vs C.B. Curlee cons Margaret Russell, surviving admx. February 15th 1851. The defendant failed to appear judgement is therefore rendered against the defendant for principal debt $35.00 for cost 40 c present cost 40 c $35.80 and interest on thirty five dollars principal debt from July the 17th 1844 until paid. D.A. Covington J.P Supercedes ******************************************************* State of North Carolina Union County To Clement B. Corlee one of the constables of said county whereas Margaret Russell surviving administrix of James S. Russell, dec'd at this day applied to me, one of the Justices of said county for a supercedes and new trial in the case wherein Paul Hagler is plantiff and Margaret Russell admitx as aforesaid is defdt tried before me at Monroe on Saturday the 15th inst when and where Paul Hagler obtained a judgement in the absence of said Margaret Russell admitrx who has shown sufficient cause and given bond and security for her appearance according to law and do hereby supercede and make void the said judgement. This is therefore to command you to notify Paul Hagler that a new trial will be had before some Justice of said county at the dwelling house of Wm P. Muse, Esq. On the first Saturday in March next. When and where you are to return the said judgement together with all the proceedings in said case. Given under my hand and seal this the 18th February 1851. D.A. Covington J.P. ********************************************************** State of North Carolina Union County Know all men by these presents that we Margt. Russell surviving admix of J.S. Russell, dec'd and Saml A. Walkup are held and firmly bond with Paul Hagler in the sum of seventy five dollars to the payment whereof we bind ourselves our heirs executors and admins jointly and severally firmly by these presents. The condition of the above burden Margt Russell surviving admix of J.S. Russell, dec'd has this day applied for a supercedes and new trial in the case wherein Paul Hagler is plt and the said Margt Russell, surviving admix of J.S. Russell, dec'd is deft tried before me D.A. Covington, esquire at Monroe on Saturday the 15th day of this instant and having shown sufficient cause on affidavid has obtained the same. Now therefore if the said Margt. Russell al shall make her personal appearance at the dwelling house of Wm P. Muse, Esquire on the Sat. 10th day of March next when and where the case is to be tried anew then this obligation to be void, otherwise to remain in full force and effect. 18th February 1851. Margaret Russell D.A. Covington J.P. Saml H. Walkup ********************************************************* State of North Carolina Union County Margaret Russell maketh oath that she was prevented from attending the trial of the warrant wherein Paul Hagler was plaintiff and Margaret Russell surviving administratrix of James S. Russell, dec'd was defendant at Monroe on the 15th day of February 1851 by reason of high waters and that she believes that great injustice has been done in consequence of her absence. Margaret Russell Sworn to and subscribed Before me the 18th day of February 1851 D.A. Covington J.P. ******************************************************** State of North Carolina Union County First Monday of April AD 1851 it being the 7th day of the month. Be it remembered that a court of Pleas and Quarters sessions is this day opened and held for the County of Union at the court house in Monroe. David A. Covington, Grove? W. May and T.C. Wilson, Esqr. Present and presiding. Where upon an appeal was returned into court in the following word and figur___? ******************************************************* State of North Carolina To the Sheriff of Union County, GREETING: Whereas Margaret Russell upon her petition to Will H. Battle, one of the Judges of Superior Court of law and Equity in and for the State of North Carolina obtained and order for the clerk of the Superior Court of Law for the County of Union to issue a Writ of _______ to the Clerk of the Court of Pleas and Quarter Sessions for said County upon the Petitioner giving bond and security as required by law which bond has already been given to command him to stay all further proceedings in the case of Paul Hagler vs Margaret Russell, coadministrator of James S. Russell and file an exemplification? of the records and the original papers in said court in the office of the Clerk of the Superior Court of Law for the County of Union at the Court House in Monroe on the 6th Monday after the 4th Monday in September next to be set for hearing. Witness W.E. Doster, Clerk of said Court at office in Monroe the 5th Monday after the 4th Monday in March A.D. 1851. Issued the 14th day of May 1851 W.E. Doster, C.S.C. ******************************************************** State of North Carolina To the sheriff of Cabarrus County, GREETINGS: You are hereby commanded to summon John Hagler personally to be and appear before the Judge of Superior Court of Law at the next Court to be held for our said County at the Court House in Monroe on the 6th Monday after the 4th Monday in September next, then and there to testify and the truth to say, in behalf of the defendant in a certain matter of controversy before said Court depending and then and there to be tried wherein Paul Hagler is plantiff and Margaret Russell, admx is defendant. And this you shall in nowise omit under the penalty prescribed by law. Witness, H.M. Houston, Clerk of our said Court at office the 6th Monday after the 4th Monday in March and in the seventy - 7th year of our independence AD 1852 H.M. Houston C.S.C. ********************************************************* State of North Carolina To the sheriff of Cabarrus County -- GREETINGS: You are hereby commanded to summon Paul Hagler personally to be and appear before the Judges of our Superior Court of Law at the next court to be held for our said County, at the Court House in Monroe, on the sixth Monday after the Fourth Monday in March next, then and there to testify and the truth to say in behalf of Margaret Russell administrator in a certain matter of controversy before said Court depending and then and there to be tried wherein Paul Hagler is plantiff and M. Russell, adminisitrix is defendant. And this you shall in nowise omit, under the penalty prescribed by law. Witness H.M. Houston, Clerk of our said court, at office, the sixth Monday after the Fourth Monday in September and in the seventy - 7th year of our Independence, AD 1852. Issued the 22nd day of December 1852. H.M. Houston ******************************************************** State of North Carolina Superior Court Office We the subscribers do jointly and severally bind ourselves our heirs executors and administrators in the sum of two hundred pounds to Margaret Russell, adm of James R.(should be S.) Russell, dec'd. heirs, executors administrators and assigns. The obligation to be void on condition that Paul Hagler do prosecute a certain suit brought in the Court aforesaid by Paul Hagler against Margaret Russell, adm of James S. Russell and in case of failure, shall pay the said Margaret Russell adm of James S. Russell such costs and damages as may be awarded against the said Margaret Russell adm of James S. Russell by the court having cognizance thereof. Witness our hands and seals the 10th day of May 1853. Witness Paul Hagler H.M. Houston Henry Long C. Hagler ********************************************************* North Carolina (no date) Union County Paul Hagler Vs Margaret Russell, admin of James R.(should be S.) Russell, dec'd. Margaret Russell the defendant in this case maketh oath that __________ Paul Hagler the plaintiff is entirely insolvent and that in the event of her defeating his claim she will be unable to recover from him the cost of her defense. Margaret Russell Sworn to and subsribed before me H.M. Houston ******************************************************* Bill of Cost J.M. Stewart, clk. Dockiting appl 80 Jugt and Bill 110 Transcript and seal 135 3.15 County tax 100 C.B. Curlee 1.20 C.M. McCauly 4.00 $9.35 ********************************************************** Memorandum of Expenses for Admin. Of J.S. Russell Estate 1842 October 1842 To 2 days for three men Dividing Negroes $6.00 ea. State of North Carolina $46.00 Union County $52.00 A memorandum of the expense and time of Margaret Russel as one of the Administrators of J.S. Russel, dec'd. (Viz) To Expense of sales for six days $25.00 cents " 21 days doing business at my house 16.00 " Attending two courts 5.00 " The above six expense and attendance was in John W. Longs time of administration on said estate. Time and expense since J.W. Long died concerning the above named estate. To 2 times going to Charlotte $5.00 cents " 3 days to Concord $4.00 " 2 time to Monroe for the estate papers $2.00 $11.00 ---------------------------------------------------------------------- Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: Kathy Marler ----------------------------------------------------------------------