Note from Pam Wilson:

The extended lawsuit filed by the estate of Littleton Pittillo of Henderson County against the estate of Jonathan Arledge of Polk County lasted for many years. The origin of the debt was very complex. Jonathan's son Isaac Arledge lived in Hendersonville, and was in fact the Sheriff of Henderson County from 1859-1861. The elder Pittillo died in 1859, and it became the responsibility of the County Sheriff to make collection of the multiple debts against the estate. This was assigned by Sheriff Arledge to a Deputy Sheriff named William Reese, who began trying to collect on the many, many debts against the Pittillo estate.

However, the War intervened, making it difficult to collect the money since the entire community was involved in war efforts, and many of the men who were debtors either went off to fight or lost most (if not all) of their assets during the war. Also, the economy and currency changed after the War, complicating the financial accounting and reflecting an aconomy in which many people were financially in ruin. In 1866, Littleton Pittillo's two sons, John L. and Samuel Pittillo, who were adminstrators of his estate, filed suit against Jonathan Arledge, obtaining a judgement against him on 25 October of 1869 for the sum of $881.86, which remained unpaid.

Arledge died in September of 1875, and soon thereafter the Pittillos filed suit against the Arledge estate, now administered by Jonathan's executor and son Greenberry (G.B.) Arledge, to recover the debt. The Pittillos claimed that the elder Arledge had fraudulently transferred his extensive property holdings in the cove along the Green River in Polk County to his children prior to his death (based upon deeds dated as early as 8 October 1869, two weeks prior to the judgement against him), leaving his estate virtually without enough assets upon his death to satisfy the debt against him. The Arledge heirs named in the suit were: G.B. Arledge, Isaac Arledge, Levi Arledge, Eli Arledge, Clement Arledge, John Arledge, Thornton Bradley & Angelina Arledge Bradley his wife, C.C. McMurray & Happy Arledge McMurray his wife, Carson Hill & Mary Ann Arledge Hill his wife, H.K. Laughter & Harriet Hill Laughter his wife.

The Pittillo's court action was intended to force the Arledge heirs to put the land they had bought from Jonathan Arledge up at auction and to liquidate it to pay the debt to the Pittillo estate. They also petitioned to have the case removed from Polk County because they felt that the Arledge family held undue legal influence in that county, and instead it was remanded to the Superior Court in Henderson County.

In June and July of 1880 the Courts ruled that the Arledge deeds were fraudulent and that the lands in question must be sold to the highest bidders by G. B. Arledge. In September 1880, 425 acres were sold, with most remaining in the Arledge family except for the sale of the old home place of Amos Arledge (Jonathan's father) to John Green. The total sale price for the properties netted $2020.00; the costs of paying off the judgement plus court costs and attorney fees came to $1875.54. The final estate settlement in June of 1882 showed a balance of $46 to be distributed among the heirs of Jonathan Arledge.

Note: all documents are from the loose estate files of Polk and Henderson Counties held in the NC State Archives in Raleigh.

Note: I have just received hundreds more pages from the Pittillo and Arledge loose estate files in Henderson County, and will be updating this page as I have time to process the new information.

The plaintiff complaining of the defendant alleges

1st That some time about the __day of ___, 18__ , the defendant JL Pottillo and Samuel Pottillo commenced an action in the Superior Court of Henderson County against Isaac Arledge, one of the plaintiffs, who had been Sheriff of said County, and the sureties upon his official bond, of whom Jonathan Arledge was one, to recover damages which they alleged their intestate Littleton Pittillo sustained, by reason of the failure of said plaintiff or Sheriff to collect certain claims and evidence of debt placed in his hands for collection.

2nd That at the Fall Term 1869 of said Court, while the said action was still pending, the said Isaac Arledge and JL Pottillo entered into an agreement that if the said Arledge would withdraw his defense and permit the said defendant to take judgment for the amount of damages claimed by them, then they the said defendants would allow to him the said Isaac Arledge and his sureties all such credits, which he the said Arledge might afterwards produce and be justly entitled to. Said agreement was reduced to writing, a copy of which is hereto appended and marked.

3rd That by reason of said agreement the said Isaac Arledge withdrew his defense to said action and the defendant then took judgment against him and his said surety Johnathan Arledge, for the sum of two thousand dollars, the penalty of his official bond to be discharged upon the payment of the sum of $881.36 with interest on the sum of $658.87 until paid.

4th That at the time of the rendition of said judgement one William Reese, a deputy Sheriff of the said Isaac Arledge, had  in his possession the claims of evidence of debt declared upon by the plaintiff (now the defendant in this action) amounting in the aggregate to the sum of $658.87, but that owing to sickness, the said deputy could not attend that term of the Court as supposed and rather than the same should reach a continuance of the cause, the said agreement was entered into.

5th That they have been informed by the said  Reese, and believed the same to be true, that he the said Reese was ordered by said defendant not to collect he said claims, but to turn over a part of the same to one Allen an acting constable in said County, which he did, and that at no time by the greatest diligence could he have collected any part of said claims.

6th That at the time of the talking of said judgment the said plaintiff Isaac Arledge was entitled to  a credit for the whole of said claims, which are now in possession of the said Reese, amounting in the aggregate to $658.85.

7th That the said plaintiff Isaac Arledge has applied to the defendant in behalf of himself and his co-plaintiff to have the amount of said claims credited upon said Judgment, but the defendant in violation of this said agreement has refused to comply with said request.

8th That since the rendition of said Judgment the said surety Johnathan Arledge has died intestate and the plaintiff Berry Arledge has qualified as his administrator in the proper court in that behalf.

9th That the defendants have caused the same Judgment to be docketed in Polk County where the lands of the said surety are situated and obtained a judgment against the said Berry Arledge administrator as aforesaid, compelling him to sell the lands of his intestate to satisfy the said judgment attained in Henderson County.

10th That the plaintiff the said administrator has in compliance with the said judgment sold a part of the lands of the intestate and has applied about $1200 the proceeds of said sale in discharges of said judgment and costs and there is now due about $600 on the same.

11th That the defendant and their sureties to their official bond as administrators of Littleton Pottillo are insolvent...[unable to read due to folded paper] ... enforce the payment of said Judgment the credits upon the same, to which the plaintiffs are in good conscience entitled to by reason of said agreement, will prove an entire loss to the plaintiff Isaac Arledge and the estate of his surety.

12th That in Justice and good conscience the defendant should not be permitted to enforce the payment of said Judgment either against the said plaintiff Isaac Arledge or the estate of his surety Johnathan Arledge, but that he should be compelled to credit the said judgment  by the amount of said claims now in the hands of William Reese as aforesaid, as they have agreed to do with interest upon said claims from the date of the rendition of said judgement,and to refund to the plaintiff Berry Arledge the sum of $1200.oo, the amount paid by him upon the said judgment.

13th That the plaintiff Isaac Arledge is insolvent and if the amount of said judgement should be collected out of the estate of his surety it would result in entire loss to said estate.

Wherefore the plaintiff proves judgment that the plaintiff Berry Arledge, administrator as aforesaid, be subrogated to the sight of the plaintiff Isaac Arledge in said agreement, that he recover of the defendant the sum of $1200.00 the amount paid by him upon said jusgment, and that the defendant be perpetually enjoined from proceeding further in the enforcement of the same, and that they recover the cost of this action and for such otehrs and further relief as under the circumstance in this case may seem to the Court just.

W.M. Jones, Att for the Plff

Exhibit A (copy): I. Arledge agrees with John Pottillo that he may take judgment for the administrator of Littleton Pittillo against him and his sureties in the suit now pending upon a receipt for certain notes given to Wm Reese Deputy Shff for collection, for the amount due upon the receipt, less the credit entered upon it, and John Pottillo agrees with I. Arledge to give him all just credit for any claims which said Arledge can produce, which would before the taking of the judgment been good in settlement or as set off against said receipt in hands of said Reese or anyone else. J. L. Pottillo, I. Arledge

This day appeared before me Isaac Arledge and maketh oath that the facts set forth in the foregoing complaint as of his own knowledge are true, that those stated upon information and belief he believes to be true. Isaac Arledge. Sworn and subscribed before me this the 10th day of May 1881. CM Pace, CSC.

State of NC, Henderson Co, Superior Court
The defendant in the above entitled action wil take notice that the Plaintiffs will apply to his Hon. Judge Bennett on the 24th day of May 1881 at Franklin in the county of Macon for an injunction and restraining order restraining them from proceeding further in the enforcement of the Judgment obtained against the Plaintiff in behalf of the estate of Littleton Pittillo. Isaac Arledge and Bery Arledge Adm, by W. N. Jones, Atty

I CM Pace Clerk of the Superior Court...do hereby certify that the foregoing is a true copy of the Summons Complaint and notice in the case to which it refers, Isaac Arledge and Bery Arledge Adm vs John and Samuel Pittillo Adms, as assessears from the original on file in my office. Witness my hand and official seal this 13th day of May 1881. CM Pace, CSC.

State of North Carolina

Comptroller’s Office, Dec. 29, 1860

It appears from a Receipt of the Public Treasurer, filed in this Office, that Jonathan Arledge has paid the purchase money for an Entry of Land, containing 83 Acres, in the County of Polk; which Entry is No. 35

C.H. Brogden, Comptroller.

State of North Carolina. No. 35

Entry officer of claims for lands in the County of Polk

To the surveyor of Polk County -- Greeting.

You are hereby directed and required, so soon as may be, to lay off and survey for Jonathan Arledge three hundred acres of land on the waters of Green River adjoining his own lands the Speculation and Others.

Entered the 9^th day of January A. D. 1856. Observing the direction of the Act of Assembly in such case made and provided for running out lands two just and fair plans of such survey with a proper Certificate annexed to each, you are to make out to be transmitted together with this warrant to the Secretary’s Off.-- Given under my hand and seal at office the 15^th day of May. Anno Domini 1856

Thomas Littlejohn Entry Taker

[On reverse:
No. 35 Jonathan Arledge 83 Acres Polk County
No. 42 dated 29th Dec 1860

Entd 9th Janry 1856

[along side:]
Jonathan Arledge
300 acres

By virtue of a warrant No.35 entered the 9 day of Jan. 1856 surveyed for Jonathan Arledge eighty three acres of land in Polk County on the gold mine branch waters of Brites Creek beginning on a Cht on his own line of the 50 acre tract then S 31 W 42 po to a maple then S 88 W 56 po to a Hic in or near the widow Jackson line then with said line N71 W39 po to a Cht then S 78 W38 po to a PO then s61 W84 po to a WO then S60 po to a St in or near the speculation line then with said line N70 E 242 po to a stake then to the beginning April 21^st 1858

J.M. Hamilton CS

John Shehan CB
Minor Shehan CB
[contains survey sketch]

This indenture made on the seventeenth of October Eighteen hundred and sixty nine between Jonathan Arledge and his wife Harriet of the first part Clement Arledge and C.C. McMurray of the second part all of the state and County above mentioned witness for the consideration of the sum of five hundred dollars paid in hand I Jonathan Arledge of the first part of these presence has sold and confirmed unto the second part Clement Arledge and C.C. McMurray of the second part their heirs and assigns all my claims and interest in a certain parcel of land known as the lower end of the old Amous Arledge tract containing fifty acres more or less on the North side of Green River beginning on a stone with pointers near the bank of the river running North W across the bottom to a stake the same direction to the top of the hill to a oak corner with a little off set west with the conditional line of marked trees including the spring to the road across the road with the conditional line of marked trees to a Spanish oak corner on the top of the hill thence N E with the conditional line of marked trees across the creek thence up the hill to a pine corner S E with the conditional line of marked trees to a steak on the River bank thence up the River to the beginning corner said Arledge of the first part do sign away all his interest appertainances there unto in said tract of land and warrants and defends all rights and titles unto the second part from his heirs administrators executors and assigns where unto I set my hand signed sealed and delivered in the presence of

Jonathan Arlege (seal) [contains what looks to be an authentic signature]

Hariet Arlegge (seal) [contains what looks to be an authentic signature]

Attest

G.B. Arledge
Martha McMuray
Eli Bradley

[on outside cover:]
J. Arledge deed to C. Arledge & C.C. McMurray
This deed is cansled by order of court - R.S. Abrams Clk [no date given]

Tax fee 50
Probate 50
Register 80
$1.80

Polk County - In Probate Court

December 22, 1870

The execution of the within deed from Jonathan Arledge & wife Harriet to C. Arledge and C.C. McMurray was this day duly acknowledged by the makers thereof and upon the said Harriet Arledge being by me the undersigned privatly examined separate and apart from her said husband touching her free consent in the in the execution thereof-- doth declare on such examination that she has executed the same freely and of her own accord and without any force fear or undue influence of her said husband or any other person and did still voluntery assent thereto.

Therefore let said and this certificate be registered.

R.S. Abrams
Judge of Probate
#37

State .50
Probt .50
Regt .80
$1.80
Money deposit on stamp

State of North Carolina
Polk County Registers Office

I certify that the within deed was this day duly Registered in Book No 4 page 247 & 248 in said office at Columbus December 30^th AD 1870

S. Waldrop
Reg of Deeds

This indenture made and entered into on this the 17^th day of May AD 1870 between Jonathan Arledge and his wife Harriet of the first part and Thornton Bradly & Columbus McMurray of the County of Polk and State of North Carolina and Carson Hill by the County of Henderson of the second part witnesseth that for and in consideration of the sum of Twelve hundred dollars to us in hand paid by the party of the second part the receipt whereof is hereby acknowledge we have bargained and sold and by this presents do bargain and sell to the said party of the second part all that piece or parcel of land lying on Green River North side Beginning on a Maple on the S. side of the River bank thence No 360 poles to a stake thence E to C. Arledges & C. McMurrays line thence with this line of marked tree S. section to a pine corner thence S. W. croping the branch with a marked line to a Spanish Oak near the top of the hill thence crossing the river to a Hickory near the spring, thence to the Branch thence with the crossfence to the stone corner on the bank of the River thence up the river to the beginning. Also a tract of land containing Ten acres more or less Beginning at a Maple on the N side of the River bank thence N 92 poles to a Black Oak thence W 48 poles to a stake thence to the beginning. To have and to hold the same unto the party of the second part we the party of the first part bind our selves our heirs our executors administrators and assigns forever to warrant and defend the above described piece or parcel of land unto the said party of the second part the heirs executors administrators and assigns from the claim or claims of all and every person whatsoever. In witness whereof we have set our hands and seals the day and date above written signed sealed and delivered in presence of us

S. Waldrop (witness)
Eli Bradly (witness)

Jonathan Arledge (seal) [contains what looks to be an authentic signature]
Hariet Arledge (seal) [contains what looks to be an authentic signature]

[reverse side of paper:]

Polk County – In Probate Court
December 22, 1870

The execution of the within deed from Jonathan Arledge & wife Harriett Arledge to Thornton Bradly Columbus McMurry and Carson Hill was this day duly proven by the oath and examination of Saml Waldrop a subscribing witness, as Jonathan Arledge, and upon the said Harriet Arledge being by me the undersigned privately examined separate and apart from her said husband touching her free consent in the execution thereof doth declare on such examination that she had executed the same freely and of her own accord without any force fear or undue influence of her said husband or any other person and did still voluntary assent thereto Therefore let said deed with this certificate be registered.

R.S.Abrams
Judge of Probate

[along cover:]

Jonathan Arledge Deed to Bradley McMurry & Hill

State 1.50,
Probate .50,
Regt .80
$2.80 [subtotal]
Stamp 1.00
$3.80 [total]

Jany 25, 1882
This deed is cancel by order of Court
R.S. Abrams, Clk.

[attached:]
State of North Carolina
Polk County Registers office

I certify that the within deed was this day duly Registered in Book No. 4 page 260 in said office at Columbus the 18^th day of January 1871

S. Waldrop
Regs of Deeds

Court of Probate, Polk County
Augt 8^th 1876

In the matter of the Estate of Jonathan Arledge deceased whereas the said Jonathan Arledge decd made his last will and testament which was duly admitted to probate on the 15^th day of September 1875, and whereas by said will G.B. Arledge was duly appointed executor of said last will and duly qualified as such and whereas more than three months have elapsed since his said qualification as executor of said last will and the said execution has not returned into this court an inventory of all the real estate goods and chattle of the said Jonathan Arledge decd as required by law.

It is ordered that the said G.B. Arledge executor as aforesaid be and he is hereby required to file an inventory of the said real estate goods and chattle of the said deceased on Friday the 1^st day of Sept 1876. Or show cause why an attachment shall not issue against him.

Issued the date above

R.S. Abrams
Judge of Probate

Polk County-NC

The following is a true inventory of the property of Jonathan Arledge decd. To wit

1 Horse
6 Head of Cattle
19 Shoals
6 Sheep
150 Bush of Corn
House hold furniture valued at $75

Sworn and subscribed to me Aug 11^th 1876

G.B. Arledge Exr
R.S. Abrams
Judge of Probate

[Inside]:

State of North Carolina
Henderson County

S.M. King the surety to within bond acknowledges the execution of the same, and being duly sworn says that he is worth the sum of two hundred dollars over and above Homestead personal property exemption and all his liabilities. S.M. King

Sworn to and subscribed before me this 7^th day of December 1876 C.M. Pace C.S.C.

[Reverse side:]

Supreme Court
Polk County

John L. Pittilo and Samuel Pittilo Surviving
Admns. Of Littleton Pittilo decd
Against
G.B. Arledge as Executor of Jonathan Arledge decd and others

We John L. Pittilo Samuel Pittilo and S.M. King and each of us acknowledge ourselves indebted to the defendants in the above entitled action in the sum of Two hundred (200) dollars to be void on condition that the Plaintiffs pay all such cost and damage as may accrue in account for their failure to prosecute this said with effect

Witness our hands and seal this the 7^th day of December 1876

J.L. Pittilo Seal
Samuel Pittillo Seal
S.M. King Seal

Complaint [undated]

John L. Pittillo and Samuel P. Pittillo surviving admrs Littleton Pittillo decd.

Against

G.B. Arledge as executor of Jonathan Arledge decd. G.B. Arledge, Isaac Arledge, Levi Arledge, Eli Arledge, Clement Arledge, John Arledge, Thornton Bradly and Angelina Bradly his wife, C.C. McMurry and Happy McMurry his wife, Carson Hill and Mary Hill his wife, H. K. Laughter and Harriet Laughter his wife,

To the Hon. the Superior Court of said County, the plaintiffs complaining of the defendants allege:

I. That Littleton Pittillo died sometime in the year A.D. 1859 at and in the County of Henderson and at the Spring Term 1859 of the Court of Pleas and Quarter Session for the said County of Henderson the plaintiffs and petitioners together with Millington Y. Pittillo were duly appointed by said Court administrators of the estate of the said Littleton Pittillo were at the time of this said appointment duly qualified as administrators of said estate and letters of administration were duly issued to them as such; that sometime in the month of October 1867 the said Millington Y. Pittillo died and these plaintiffs are the surviving administrators of the said Littleton Pittillo.

II. That at the Fall Term A.D. 1869 of the Superior Court of said County of Henderson the plaintiffs as administrators of said Littleton Pittillo recovered judgement in said Court which was duly rendered by said Court against Jonathan Arledge for the sum of Eight Hundred and eighty-one 86/100 dollars of which sum Six Hundred and fifty-eight 87/100 dollars is principal money and bears interest from the 25^th day of October 1869 until paid and for cash of the sum in said Court when in said judgement was obtained amounting to $51.08 and a transcript of said judgement was duly sent to the Superior Court of Polk County and duly docketed upon the judgement docket of said Superior Court of Polk County on the 25^th day of November 1869. No part of said judgement has ever been paid.

III. That the said Johnathan Arledge died in Polk County on or about the 1st day of September 1875 leaving a will wherein he appointed the said G.B. Arledge his executor; that said will was duly admitted to probate in the County of Polk, and the said G.B. Arledge duly qualified as executor of said will and letters testamentary were duly issued to the said executor and he entered upon his duties as said executor.

IV. That the petitioners have been informed and believed that the said Jonathan Arledge at his death had no personal property beyond what was sufficient for the widow’s years allowance and the said executor had no assets arising from the sales of personal property with which to pay off the plaintiffs judgement.

V. That the said Jonathan Arledge prior to the time of docketing the judgement aforesaid in Polk County was seized in fee and possessed of various tracts of land in the county of Polk of considerable value, and that he fraudulently made conveyances of said land to his children, son-in-laws and grand daughter with a view to defeat his creditors in the collection of their just debts as the plaintiffs believe and aver; that said Jonathan Arledge conveyed to his son G. B. Arledge a tract of land of the following description to wit: situated on Brights Creek of Green River & including the forks of said creek & including the house where Jonathan Arledge lived on the west side of Green River beginning at a Poplar running thence North to a break about the forks of the creek, thence crossing the creek (North Prong) a west direction on the top of a ridge to the upper or back line, therein south with said line crossing the outer prong of said creek to a pine stump, then east to the beginning; that he conveyed one other tract of land to his son G. B. Arledge of the following description to wit: beginning on the same pine stump south side of the creek running thence north 20 poles to a pine, thence west 20 poles to a stake, in David Jackson’s line, thence south 70 poles to a pine, thence E160 poles is a stake, thence north 50 poles to a stake in the old line, thence with said line west 150 poles to the beginning containing about 125 acres; that he conveyed one other tract on the waters of Brights Creek and Lawson’s branch – about 13 acres to G. B. Arledge which tract is described as follows: beginning at a W.O. the corner of his eighty acre tract, thence south 53 W33 to a S.O. thence S.64 N21 paces to a S.O., thence South 50 W 28 paces to Dogwood in the old line, thence E 82 poles to W.O. thence N.E. 36 poles to two small chestnut thence west 20 poles to a sourwood, thence N. 13 to the beginning; that the said Jonathan Arledge conveyed to his son Clement Arledge & his son-in-law C.C. McMurry a tract known as the lower end of the old Amos Arledge tract on the North side of Green River beginning on a stone with pointers near the bank of the river running North W. across the bottom to a stake the same direction to the top of the hill to a oak corner with a little offset west the conditional line of marker trees to a Spanish oak corner on the top of the hill, thence N.E. with the conditional line of marker trees across the creek, thence up the hill to a pine corner S.E. with the conditional line of marker trees to a stake on the river bank, thence up the river to the beginning corner containing about 50 acres; has the said Jonathan Arledge conveyed to his said son Clement Arledge and his son-in-law C.C. McMurry another tract of land lying on both sides of the Green River and adjoining lands of Levi Arledge, the speculation lands and J.M. & R.L. Hamilton; that he conveyed to C.C. McMurry one other tract known as the Riddle place lying on the south side of Green River – about 40 acres lying opposite Amos Arledge old place; that he conveyed one other tract to his son-in-laws Thornton Bradly, C.C. McMurry and Carson Hill lying on the waters of Green River and on south side of Pine Mountains on the Spicer Branch and known as the Spicer place and bounded on all sides by the speculation lands; that he conveyed one other tract to his grand daughter Harriet Hill who has since intermarried with H.K. Laughter lying on the Gold mine branch of Brides Creek said tract contains about 83 acres; that he conveyed one other tract to Thornton Bradly C.C. McMurry and Carson Hill lying on north side of Green River; that he conveyed one other tract to Thornton Bradly C.C. McMurry & Carson Hill on the north side of Green River about 10 acres; that all of said conveyances being of all the lands owned by said Jonathan Arledge were made after the debt of the plaintiffs was due, and after such had been instituted against the said Jonathan Arledge by the plaintiffs for said debt and were made as these plaintiffs believe and charge in fraud of creditors of said Jonathan Arledge.

VI. That the plaintiff John L. Pittillo on behalf of himself and co-plaintiff has called upon the said G. B. Arledge as executor of said Jonathan Arledge, to take steps to subject the said lands to the payment of the debt of his said testator, but the said executor has refused to begin any proceedings for such purpose and has not filed any petitions in the Superior Court of said county of Polk praying for a license to sell said lands for assets to pay said debt but wholly neglects and refuses to do so.

VII. That said Jonathan Arledge died leaving surviving him the following heirs at law to wit: G. B. Arledge, Isaac Arledge, Levi Arledge, Eli Arledge, Clement Arledge, John Arledge, Mary intermarried with Carson Hill, Happy intermarried with C.C. McMurry and Angelina intermarried with Thornton Bradly, all of whom are over 21 years of age and reside in the state of North Carolina.

VIII. That the said G. B. Arledge C.C. McMurry, Thornton Bradly, Clement Arledge, Carson Hill H.K. Laughter and Harriet Laughter are in possession of the lands fraudulently conveyed to them

IX. That said Jonathan Arledge after conveying the said lands as aforesaid had no property out of which the plaintiffs could make their said Judgement.

Therefore the plaintiffs demand Judgement that the said G. B. Arledge as executor of said Jonathan Arledge be required to file a petition to sell said lands for assets to pay the debts of his said testator and for such other relief as the nature and circumstances of the case may require. And your petitioners as in duty band will ever pray

Merrimon & Morris
Attys for Petitioners

[ANSWER : undated]

North Carolina Superior Court
Polk County

John Potillo et al admrs. of L. Potillo
vs.
G.B. Arledge exr
G.B. Arledge et al

The defendants answering complaint of plaintiffs allege:

I.  That as to the allegations set forth in the first article of said complaint the statements may or may not be true. Defendants are not sufficiently informed to admit or deny but hold plaintiffs to proof thereof

II.  That the Judgement referred to in Article 2 of complaint may or may not be a regular valid judgment, and that defendants hold plaintiffs to strict proof -- Defendants are informed that Defendant Isaac Arledge has set off a counter claim sufficient to meet and balance this claim of Plaintiffs and they refer to the separate answer of Defendant Isaac Arledge filed in this case, for the facts as to said Counter claim, and plead the same as full payment of Plaintiff claims.

III.  The facts set forth in Article 3 of the complaint are admitted to be true.

IV.  The facts set forth in Article 4 of the complaints are not denied.

V.  That the charges of fraud contained in Article 5 of complaint are not true--that the deed made by Jonathan Arledge to his sons and sons in law were made for a valuable and full consideration and with no intent to defraud creditors

VI.  Defendant G. B. Arledge in answer to Article 6 of complaint says that he believes the deeds made by Jonathan Arledge are good and valid in land and fact and that they are not in fraud of creditor and that therefore he has no right to ask for a sale thereof.

VII.  The statements in Article 7 of complaint are true.

VIII.  The defendants mentioned in Article 8 are in possession of the lands conveyed to them but aver that the conveyances are not fraudulent as they are advised-

IX.  Article 9 of complaint is not denied.

X.  Defendants insist that if Jonathan Arledge was bound at all for Plaintiffs claim it was as surety and Plaintiffs do not allege that they have exhausted the property of the principals
Defendants pray to be discharged with this case-

Churchill & M.H. Justice for Dfts.

State of North Carolina Superior Court in vacation
Polk County

J.L Petillow S. Petillow Admr of L. Petillow Dec.
Vs.
The Heirs at Law of Jonathan Arledge Dec.

Isaac Arledge one of the defendants for answer to the complaint of the plaintiff.

1^st Does not admit any part of the allegations contained in said complaint in regard to fraudulent conveyances of the part of Jonathan Arledge decd.

2^nd This defendant avers that the plaintiffs intestate is now or was at the time of his death justly indebted to defendants by reason of receipts & vouchers held by William Reese who was a Deputy Sheriff in a sum of from three to four hundred dollars and that the plaintiffs intestate is one of the sureties on the official bond of J. N. McMin to defendant and is such as due this defendant upon the tax list that was placed in to the hands of the said J.N. McMin Deputy Sheriff for collection by defendant in an amount ranging from six to seven hundred dollars.

That this defendant now has a suit pending in the Superior Court of Henderson County for the aforesaid demands against the plaintiffs which defendant avers to be a sufficient amount to pay off all demands to which the plaintiffs are entitled in this action and pleads this said suit as a counter claim against plaintiff demands. This defendant further avers that the plaintiffs are totally insolvent and this is the only means by which this defendant can recover his debt out of the plaintiff by means of counter claim as by an agreement heretofore made between the plaintiff and this defendant which agreement was reduced to writing by the plaintiff’s council and signed by the plaintiff and this defendant.

Isaac Arledge

Polk County –In the Superior Court

John L. Pittillo & Samuel P. Pittillo surviving admns. of Littleton Pittillo deceased, Plaintiff
Against
G. B. Arledge as Executor of Jonathan Arledge decd., G.B. Arledge, Isaac Arledge, Levi Arledge, Eli Arledge, Clement Arledge, John Arledge, Thorton Bradly, Angelina Bradly his wife, C.C. McMurray & Happy Mcmurray his wife, Carson Hill & Mary Hill his wife, H.K. Laughter & Harriet Laughter his wife

The State of North Carolina

To the Sheriff of Polk County – Greeting:

You are hereby commanded to summon G.B. Arledge as executor of Jonathan Arledge decd., G. B. Arledge, Levi Arledge, Eli Arledge, Clement Arledge, Thorton Bradly & Angelina Bradly his wife, C.C. McMurray & Happy McMurray his wife, H.K. Laughter & Harriet Laughter his wife, the Defendants above named if they be found within your county, to be and appear before the Clerk of the superior Court, for the County of Polk the Court House in Columbus within twenty-days after service of this summons exclusive of the day of service and answer the complaint which will be deposited in the office of the Clerk of the Superior Court of said County, according to law, and let the said Defendants take notice that if they fail to answer the said complaint within the time prescribed by law the Plaintiffs. . . will apply to the court for the relief demanded in their complaint.

Herein fail not, of this summons make due return.

Given under my hand and seal of said court this 12^th day of December 1876.

R.S. Abrams
Clerk of the Superior Court of Polk County

[handwritten on back:]
To be joined to a summons of the like tenor and date issued to the County of Henderson for Isaac Arledge, John Arledge, Carson Hill, Eli Arledge & Mary Hill

[Cover:]
John L. Pittilo & Samuel P. Pittillo surviving admns. of Littleton Pittillo deceased
Against
G.B. Arledge et al

SUMMONS

Returnable before the Superior Court Clerk of Polk County
Received Dec. 13^th 1876
Served Dec. 20 1876
Executed by delivering a copy of the within summons to each of the defendants except Isaac Arledge, John Arledge, Eli Arledge & Carson Hill

O.J. Nelson
Sheriff Polk County

J.H. Merriman & Morris
Plff’s Atty.

Polk County :-- In the Superior Court

John L. Pittillo and Samuel P. Pittillo surviving admns. of Littleton Pittillo deceased Plaintiff
Against
G.B. Arledge as executor of Jonathan Arledge ded., G.B. Arledge, Isaac Arledge, Levi Arledge, Eli Arledge, Clement Arledge, John Arledge, Thornton Bradly & Angelina Bradly his wife, C.C. McMurray & Happy McMurray his wife, Carson Hill & Mary Hill his wife, & Harriet Hill Defendant

The State of North Carolina,

To the Sheriff of Henderson County--GREETING:

You are hereby Commanded to summon Isaac Arledge, Eli Arledge, John Arledge, Carson Hill & Mary Hill his wife, & Harriet Hill six of the Defendants named above if they be found within your County, to be and appear before the Clerk of the Superior Court, for the County of Polk at the Court House in Columbus within twenty days after service of this summons exclusive of day of service and answer the complaint which will be deposited in the office of the Clerk of the Superior Court of said County, according to law, and let the said Defendants . . .take notice that if they fail to answer the said complaint within the time prescribed by law the Plaintiffs . . .will apply tot he court for the relief demanded in their complaint.

Herein fail not, of this summons make due return.

Given under my hand and seal said Court, this 12^th day of December 1876.

R.S. Abrams
Clerk of the Superior Court of Polk County.

[Cover:]

Return this copy to the Clerk of Polk Co.

John L. Pittillo & Samuel P. Pittillo surviving admns. of Littleton Pittillo
Against
G.B. Arledge et al

SUMMONS

Returnable before the Clerk of Polk County
Received Dec. 13^th 1876.

Served as to Isaac and John Arledge on 13^th day of Dec. 1876,
Carson Hill on Dec. 14^th 1876
Eli Arledge on Dec 27th 1876
C. Hills wife is in Polk County

Fee $2.40

J. Williamson
Sheriff Henderson County

J.H. Merriman & Morris
Plff’s Atto.

John L. Pittillo and Samuel P. Pittillo surviving admns. of Littleton Pittillo ded.
Against
G.B. Arledge et al

SUMMONS

Returnable before Superior Court Clerk of Polk County

Carson Hill's wife is in Polk County

J.H. Merriman & Morris

[Inside: duplicate of previous summons issued to Sheriff of Henderson County]

No.24

John L. Pittillo & Samuel P. Pittillo surviving admns. of Littleton Pittillo ded.
Against
G.B. Arledge et al

SUMMONS

Returnable before the Superior Court Clerk of Polk County

Received Dec. 13^th 1876
Served 18^th Jany 1877
By delivering copy to Mary Hill

Fee, Sheriff’s cost 60 cents

O.J. Nelson
Sheriff Polk County

J.H. Merriman & Morris

[Inside: duplicate copy of summons to Sheriff of Polk County]

John L. Pittillo and Samuel Pittillo surviving admns. of Littleton Pittillo decd.

Against

G.B. Arledge as Exc. of Jonathan Arledge decd. G.B. Arledge et al

John L. Pittillo one of the plaintiffs above named maketh oath that he is advised and believes that the plaintiffs cannot obtain a fair and impartial trial in the above entitled cause in the county of Polk that some of the defendants who reside in Polk County are men of extensive influence and have a number of relatives living in said county, and that they and their said relatives have used and are using their influence to the prejudice of the plaintiffs and have thus succeeded in rendering improbable that the plaintiffs can have an impartial trial of this cause in this county
L.L. Pittillo

Sworn and subscribed before me this 20^th day of March 1877. R.S. Abrams Clk

Potillo vs. Arledge Ex.

This cause coming on to be heard and the parties plaintiff and defendant by attorney being present and issues joined and the question of fraud being raised by the pleadings. This case is herewith sent to the Superior Court for a hearing and determining the questions.

RS

State of North Carolina

Henderson County

C. M. Pace Clerk of the Superior Court in and for the County and State aforesaid do hereby certify that the foregoing is a true copy of the issue submitted to the jury and the responses made by the jury in the case of John L. & Samuel Pittilo surviving Admns of Littleton Pittilo vs G.B. Arledge Executor of Jonathan Arledge and others, as appears form the records and papers on file in my office.

In witness whereof I have herewith set my hand and official seal at office in Hendersonville this 30^th June A.D.1880.

C. M. Pace CSC

[Cover:]

John L. and Samuel Pittillo Admns. of L. Pittilo
Against
G.B. Arledge Executor of Jonathan Arledge et al

ISSUES

[reverse side of paper:]

Pittlillo vs. Arledge: Issues

1. Was the deed from Jonathan Arledge dated Oct. 8^th 1869 to G.B. Arledge for the Home tract fraudulent? It was fraudulent.

2. Was the deed from Jonathan Arledge dated Oct. 17^th 1869 to G.B. Arledge for the lower end of the Amos place to Clem Arledge and C.C. McMurray fraudulent? It was fruadulent.

3. Was the deed from Jonathan Arledge dated Oct. 8^th 1869 to Clem Arledge and C.C. McMurray for the McKinney place fraudulent? It was fraudulent.

Were these deeds delivered to the vendees before November 25^th 1869 if so which of them?

They were not. None of them were delivered before Nov. 25^th 1869.

North Carolina Henderson County
Superior Court Special Term 1880

John L. Pittillo & Samuel L. Pittillo Surviving Admns of Littleton Pittillo deceased

Vs.

G.B. Arledge as Executor of Jonathan Arledge deceased G.B. Arledge Isaac Arledge Levi Arledge Eli Arledge Clement Arledge John Arledge Thornton Bradly & Angelina his wife C.C. McMurray & Happy McMurray his wife Carson Hill & Mary Hill his wife H.K. Laughter and Harriet Laughter his wife, defendants

This action having been brought to a trial before a jury upon the issues sent up to the Superior Court of Polk County for trial and remanded to this court and a verdict therein rendered in favor of the plaintiff upon all the issues submitted to the jury it is now on motion of J. H. Merriman counsel for the Plaintiff adjudged that this cause be remanded to the Probate Court of Polk County to the end that the said Probate Court may order & decree that G.B. Arledge as Executor of Jonathan Arledge have a license and be required to sell all the lands mentioned and described in the complaint except the that mentioned and described in the said complaint as the Riddle Place lying on the South side of Green River about 40 acres lying opposite Amos Arledge’s old place.

It is further adjudged that the several deeds passed upon and found by the jury in this case to be fraudulent are fraudulent and void as against the creditors of the estate of said Jonathan Arledge, and said deeds are directed to be delivered up to the Probate Court of said Polk County to be cancelled.

And it is further adjudged that the judgement of the Plaintiffs herein against said Jonathan Arledge mentioned & set forth in the complaint herein was a lien upon all the lands mentioned and described in said complaint except Riddle Place herein before mentioned & described, and that all of said lands except said Riddle Place are subject to the lien of said judgement.

And it is also adjudged that the parties defendants be permitted by the Probate Court of the County of Polk to prove as debts against the estate of said Jonathan Arledge the amounts paid by them respectively for the lands claimed by them under the deeds of Jonathan Arledge to them & that the said debts shall be paid out of the proceeds of the sale of the lands aforesaid after the payment of the Plaintiffs in this action herein before mentioned and the costs of the proceeding shall be paid.

And it is further adjudged that the defendants pay the cost of the action.

D. Schenck
Judge Presiding

State of North Carolina
Henderson County

I C. M. Pace Clerk of the Superior Court in and for the county and state aforesaid do hereby certify that the foregoing is a true and perfect copy of the judgement in the case to which it refers : J. S. & Samuel Pittillo surviving Admns. of L. Pittillo vs. G.B. Arledge Executor of Jonathan Arledge and others as appears from the original on file in my office

Witness my hand & official seal at office in Hendersonville this 30^th day of June AD 1880.

C.M. Pace C.S.C.

North Carolina Polk County
In the Probate Court

John L. Potillo and Samu’l Potillo surviving admns. of Littleton Potillo dec’d

Vs.

G.B. Arledge Exc. of Jonathan Arledge dec’d : G.B. Arledge and other heirs at law of said Jonathan Arledge etal. Defendants.

This special proceeding coming to be heard upon the complaint and answer and the certificate of the Superior Court of Henderson County, and it appearing that all the causes mentioned and described in the complaint, except that tract known as the Riddle Place, are liable to the creditors of the estate of said Jonathan Arledge, and that a sale of the said lands is necessary, it is now on motion of J. H. Merriman, counsel for the plaintiffs, ordered and adjudged that the said G. B. Arledge as ex’c of said Jonathan Arledge dec’d, sell all of said lands (except the Riddle Place aforesaid) in tracts as they are specified in the complaint; that said executor sell the land at the court house door in said county after due advertisement at said court house door and three other public places in said county, and that he sell the same at public auction to the highest bidder, that he require twenty five percent of the price bid for said land to be paid on the day of sale and take notes with approved security for the balance payable one half in six months from the day of sale and the other half in twelve months from said date, and make report of his said sale to this court according to law, and this cause is returned for further order. Dated this 5^th day of July 1880.

R.S. Abrams
Judge of Probate for Polk County

[Cover:]

34
J.L. & Sam’l Potillo admns.
Vs.
G. B. Arledge Ex. And others

ORDER OF SALE

NOTICE

In preservence of an order from the Court of Probate for Polk County I will sell at Public auction to the highest bidder before the Court House door in Columbus on the first Monday in September next all the lands belonging to the estate of Jonathan Arledge Decd consisting of several valuable tracts lying on Green River
Viz.:

1 tract known as the Amos Arledge tract containing 150 acres more or less about 50 acres of which is bottom land.

1 tract known as the McKinney tract containing 150 more or less, about 25 acres of bottom

1 tract known as the Home Place containing 125 acres more or less also several other small tracts

Terms- 25 percent of the purchase money will be required paid down on day of sale and one half of balance payable in six months and the remainder in twelve months from day of sale to or secured by note with approved security.

July 12^th 1880

G.B. Arledge Executor of Jonathan Arledge Decd

Amos Arledge Old Place -- John Green  $635.00

Amos Arledge Old Place, Lower End -- John Green $275.25
$910.25 [total for Green]

Spencer Place -- Carson Hill $155

McKinney Place -- Clem Arledge $566

Home Place -- Eli Arledge $311

13 acres -- Eli Arledge $17

Gold Mine -- Jonathan Arledge $61

$2020.25 [grand total]

Sold September 6^th 1880.

North Carolina Polk County
In Probate Court
 

Jno. L. Potillo & Sam Potillo Admns. of Littleton Potillo

Vs.

G.B. Arledge Exc. Levi Arledge, Clem Arledge, Thorton Bradly & Angelina Bradly his wife, C.C. McMurray & Happy McMurray his wife, Carson Hill & Mary Hill his wife, H.K. Laughter & Harriet Laughter his wife, Defs.

To the defendants above named you are hereby notified to appear before me at my office in Columbus on the 1^st Monday the 4^th day of October next 1880, and show cause if any you have why the sale of the land made by G.B. Arledge Exc. of Jonathan Arledge on the 6^th of September 1880, in accordance with a decree heretofore made in this case, shall not be confirmed.

R.S. Abrams
Judge of Probate

Witness
September 9^th 1880

J.L. Potillo Admns.

Vs.

G.B. Arledge Exc. of Jona. Arledge decd

To John Arledge & Isaac Arledge two of the Defendants in the above entitle cause you are hereby notified to appear before me at my office in Columbus on the 1^st Monday the 4 day of Oct 1880, and show cause if any they have why the sale of the lands made by G.B. Arledge Exec. of Jona. Arledge dec’d on the 6^th day of Sept. 1880, in accordance with a decree heretofore made in this case shall not be confirmed.

R.S. Abrams Probate Judge

Sept. 9^th 1880

[Cover:]

J.L. Petillo Admr.

Vs.

G.B. Arledge Exc. of Jonathan Arledge Decd et al

NOTICE

Received Sept. 9 1880
Served Sept. 9 1880
by reading contents of the within to Isaac and John Arledge
Cost $1.20
J. William Shff.

Probate Court

J.L. Petillo Admr.
Vs.
G. B. Arledge Exc. of Jonathan Arledge & others

To J.L. Pettilo Admr. Plaintiff in the above case. You are hereby notified to appear before me at my office in Columbus on the first Monday in Oct. 1880, and show cause if any you have why the sale of the land made by G.B. Arledge Exc. of Jonathan Arledge on the 6^th day of September 1880, in accordance with a decree heretofore made in this case shall not be confirmed.

Sept. 9^th 1880,

R.S. Abrams
Judge of Probate

Potillo vs. Arlege Probate Court

To Jno Arledge one of the defs in the above entitled case

You are hereby notified to appear before me at my office in Columbus by the 1^st Monday of Oct. 1880 and show cause if any you have why the sale of the land made by G.B. Arledge Exc. of Jon. Arledge on the 6^th day of Sept. 1880 in accordance with a decree heretofore made in this case, shall not be confirmed.

R.S. Abrams Probate Judge

R.S. Abrams Esq.,

I have been and looked at the land known as the Amos Arledge Place which I understand was bid off by Mr. John Green and my judgement is that eleven hundred dollars is all that it is worth and I doubt if that much could be realized for it in cash

Sept 22^nd 1880

[signature incomprehesible]

J.M. Hamilton & James Jackson maketh oath that they are well acquainted with the land belonging to the estate of Jonathan Arledge Dec’d are well acquainted with the two tracts purchased by John Green on Green River and known as the Amos Arledge Old Place sold by G.B. Arledge Executor and that they believe the land sold for a fair price at $910, also several other tracts the out lands Spencer Place to Carson Hill for $155, McKinney Place to Clem Arledge for $566, Home Place to Eli Arledge for $311, 13 acres to Eli Arledge for 17, Gold Mine to Jonathan Arledge for 61.

October 4^th 1880

James Jackson
J.M. Hamilton

Sworn to and Subscribed before me
R.S. Abrams
Clerk Superior Court and Judge of Probate

John L. Potillo & Samu’l Potillo admns. of Littleton Potillo, deceased

Vs.

G.B. Arledge Exc. of Jonathan Arledge and G.B. Arledge and other heirs at law of said Jonathan Arledge

This cause coming on to be heard for further order and it appearing to the court that John Green because a purchaser of a certain tract of land mentioned in the pleadings herein to wit the tract known as the Amos Arledge Old Place bounded by lands of ___[left blank]__ at the price of nine hundred ten 25 dollars which appears to the court to be a fair and full price for the same and the said John Green being desirous of having his said bid in cash to the said G.B. Arledge Ex of said Jonathan Arledge.

It is ordered that he the said John Green be and is hereby authorized and permitted to make payments of his said bid in cash and upon his paying the same as aforesaid the said G.B. Arledge Exr as aforesaid is hereby directed to make title to the land aforesaid to the said John Green.

[Cover:]
Potillo vs. Arledge et al
DECREE
Oct 8^th, 1880

Oct. 8^th 1880

John L. Potillo & Samuel Potillo Admns. of Littleton Potillo Deceased

Against

G.B. Arledge Exc. of Jonathan Arledge and G.B. Arledge and others heirs at law of said Jonathan Arledge.

This cause coming on to be heard for further order and in appearing to the court that John Green became a purchaser of a certain tract of land mentioned in the pleading herein to wit.

2nd, The tract known as the Amos Arledge Old Place bounded by __[left blank]_____ and known as the lower end of the Amos Arledge tract on the North Side of Green River containing about 50 acres for . . .$275.25

6th, Lying on Green North Side of Green River adjoining tract no.2 the upper portion of the Amos Arledge Old Place containing about 100 acres more or less for $635.00

The two tracts at the price of $910.25

Nine hundred & ten dollars & 25 cents which appears to the court to be a fair & full price for the same and the said John Green being desirous of paying his said bid in cash to the said G.B. Arledge Exc. of Jonathan Arledge.

It is ordered that the said John Green be and is hereby authorized and permitted to make payment of his said bid in cash and upon his paying the same as aforesaid the said G.B. Arledge Exc. as aforesaid is hereby directed to make title to the land aforesaid to the said John Green.

The same is continued for further orders.

R.S. Abrams
Judge of Probate

State of North Carolina, Polk County
Probate Court

J.L. Potillo & Samuel Potillo Admns. of Littleton Potillo dec,d Plff.

Vs.

G.B. Arledge Exc. of Jnoa Arledge, G.B. Arledge & others Defs.

REPORT OF SALE

The undersigned having been ordered by the Court of Probate to sell the land set forth in the Plaintiffs complaint to pay debts in the above case, respectfully reports that on the 6^th day of September 1880, after due advertisement, he proceeded to sell the said land in seven separate tracts as follows to wit

1^st tract: On Brights Creek of Green River including the forks of said creek and including the house where Jonathan Arledge lived on the west side of Green River purchased from Jonathan Arledge by G.B. Arledge containing about 125 acres purchased by Eli Arledge for the sum of $311 dollars

Also the 13 acre tract joining the above and the heirs of David Jackson. Purchased by Eli Arledge for the sum of $17.00.

2^nd tract: Known as the lower end of the Amos Arlidge tract on the North side of Green River purchased from Jonathan Arledge by C. Arledge & C.C. McMurray containing about 50 acres purchased by John Green for the sum of $275.25 said Green prefered paying the whole amount which was recd & title made.

3^rd tract: lying on both sides Green River joining lands of Levi Arledge Speculation lands and J.M. & R.L. Hamilton Containing about 150 acres purchased by Clem Arledge for the sum of $566.00

4^th tract: on waters of Green River and on North Side of Pine Mountain on Spicer branch and known as the Spicer place bounded on all sides by the Speculation lands bought from Jonathan Arledge by Thornton Bradly C.C. McMurray and Carson Hill. About 40 acres more or less purchased by Carson Hill for the sum of $155.00

5^th tract: lying on Gold Mine branch of Brights Creek conveyed by Jonathan Arledge decd to Harriet Hill--now Harriet Laughter --containing about 83 acres purchased by Jonathan Arledge for the sum of $61.00.

6^th tract: lying on the North side of Green River conveyed by Jonathan Arledge to Thornton Bradly C.C. McMurray & Carson Hill--about 100 acres

also about 10 acres conveyed as above. Purchased by John Green for the sum of $635.00

John Green preferred paying the whole amount which was recd & title made.

G.B. Arledge Executor Jonathan Arledge

Carson Hill makes oath that the above account against Jonathan Arledge is true to the best of his knowledge so help me God.

Carson Hill

Sworn to and Subscribed before me Jany 11^th 1881

R.S. Abrams Clk

Thornton Bradly makes oath that the above account against Jonathan Arledge Estate are true to the best of his knowledge so help me God.

Thorton (his x mark) Bradly
Jany 11^th, 1881, sworn to and subscribed before me
R. S. Abrams clk

Columbus McMurry account against the Estate of Jonathan Arledge Decd.

Paid for Jonathan Arledge on the

Riply Debt May 10^th 1871 $79.00

Shipp Debt May 10^th 1872 $67.50

$146.50 [total]

Columbus McMurry makes oath that the above account against Jonathan Arledge Decd. Are true to the best of his knowledge, so help me God.

C.C. McMurray

Sworn to and Subscribed before me this Jany 11^th 1881

R.S. Abrams Clk

The Estate of Jonathan Arledge Decd. Dr to C. Arledge for cash paid for land $244 [290 with 244 overwritten] Two Hundred and Ninty Dollars

Mar 10^th 1881

C. Arledge

Sworn to and Subscribed before me

March 10^th 1881

R.S. Abrams Clk & Judge of Probate.

$44 taken of 290 for Eli

The Estate of Jonathan Arledge Ded. Dr to H.K. Laughter for labor.

Cash paid by his wife Harriet for land, 100 dollars

H.K. Laughter

Sworn & Subscribed to before me this Mar 22^nd 1881

R.S. Abrams Clk.

Jonathan Arledge Dr to Eli Arledge to amount for land of J. Arledge in 1872, was cash at deference
Times $44-$65- $50- $20               $179.00

Eli Arledge makes oath that the above account against Jonathan Arledge Estate are true to the best of his knowledge. So help me God

Eli Arledge

Sworn to and Subscribed before me this (Oct or Dec) 5^th 1881

R.S. Abrams Clk

Clem Arledge $244.00.10 prct (pin $20.26) $24.00

Carson Hill $146.50.10 prct (pin $12.00) $14.60

Columbus McMurry $146.50.10 prct  $14.60

Eli Arledge $179.00.10 prct $17.90

Thornton Bradly $ 79.00.10 prct $ 7.90

G.B. Arledge $350.00.10 prct $35.00

$114.00 [total]
Retained $10

The amount of fund on hand after paying of judgt:  $1695.54.
Tax cost & coms 155.00 Land sold for $2020.00
Attorney fees 25.00
$1875.54
[Balance of $2020 less 1875.54:] $144.46

Cost in Probate Court Polk County $20 [Balance:] $124.46

$48.74 [46.74 written above] retain out of $124.46 - / $10.46

Forty-eight (forty-six) dollars paid into office to be distributed as above in six shears.

G.B. Arledge Exr

June 8^th 1882

Paid $46.74

Note from Pam Wilson:

In a letter dated 14 September 1951 to his brother Roone, my great-great-uncle Yates Arledge told some of the oral history of this chain of events:

September 14, 1951

Today I went to see Easor Arledge at the home of his son Reese above Mill Springs, Polk County [NC]. He was in bed suffering from a heart ailment which seized him about a month ago. He was 88 in January, born in 1863, son of Clem Arledge, who was a son of Jonathan. His mind was bright and clear and his recollections seemed clear. I discussed family history with him. Of course, he had no first-hand information as to Amos or of his grandfather Jonathan but he seemed to know a great deal about those of
his own generation and remembered what his elders had told him about the family background.

He said that Ellen Aiken--a daughter of Isaac (son of Jonathan) told him many years ago that Amos came from Fairfield County, SC. But he never heard how he came to be at Fairfield or any of the family history back of there, but had heard it was generally believed the Arledges came from Ireland. "Uncle Isaac" (he didn't know whether he was a brother of Amos or what relation) also settled and lived in the same neighborhood, one on one side of Green River and the other on the other, or the lower end as he
called it. Amos lived in the "hackberry bottom" (named for a big hackberry tree which stood there). "Uncle Isaac" it seems had no children, but raised a girl, Harriet Jones (he thought her name was). He didn't know where Harriet came from or anything about her background, only that Isaac
raised her. Amos had a son named Jonathan and a son named Greenbandy; they were half-brothers. Jonathan married Harriet and lived there on the Amos land, and Greenbandy went to Tennessee. If Amos had any other children, Easor did not know about it.

Jonathan and Harriet had the following children: Levi, Isaac, John, Clem, Green Berry, Eli, Mary who married Carson Hill, and Angelina who married Thornton Bradley, and another girl who married a McGraw (I didn't get her name)[PW--this was Happy who married C. C. McMurray]. I did not go into detail about all of the children of Jonathan's sons and daughters....

Easor explained how the land got out of the family. He said Isaac, the son of Jonathan, was sheriff of Polk County before he moved to Henderson County. After he moved to Henderson he became administrator of the Pitillo Estate, and Jonathan signed as surety on his bond. Isaac defaulted in some amount and they sued Jonathan on the bond and the [old] Isaac and Amos places then owned by Jonathan were sold under execution. Clem later bought back the lower part of it (the "Uncle Isaac" part). As to the Amos tract, I don't know how the chain of title ran, but John Jackson finally wound up owning it, including the "Hackberry Bottom."