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 <mmarble@erols.com>
___________________________________________________________________