Lenoir County, NC - W.B. Ferrell & Wife vs E.S. Broadway

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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.

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This file was contributed for use in the USGenWeb Archives by
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