1871 Lawsuit of Thomas C. Meadows vs. William Randolph Simpson
Contributed by Wanda Snyder
Attached is a transcript of the
proceedings and filings of the Superior Court of Rockingham Co., NC in the
matter of a claim of Thomas C. Meadows, Executor for the estate of John
Simpson, against William R Simpson.
William R Simpson borrowed $267.81
from John Simpson 18 Aug 1856 and only repaid $50. This was mentioned in John's
will: to "my Daughter Hannah Ann ... one hundred dollars out of the bond I
hold against my son William". John's Executor filed suit. After all the
filings and proceedings documented, apparently William R. never repaid the debt.
The documents also mention that
William R. does not reside in Rockingham Co. "but has property herein,
being a distributee and one of the heirs-at-law of George Simpson decd, late of
Rockingham County, whose duly appointed Administrator is William P. Watt of
said county and who died leaving a large personal estate & ____ in fee
simple of a valuable tract of land in said county on the waters of Hogans
Creek". I don't know yet if this George is John's father, or perhaps
John's son - most probably the father.
The proceedings are lengthy and
repetitive, but I thought that you might enjoy reading them. Some words were
illegible and are represented by a _______. The different documents are
separated by a row of asterisks
Wanda Snyder
Thos C. Meadow Exr
of
Jno. Simpson Deceasd.
Inventory
Recorded on Book of
Accts Page 113
Thos A Ragland
Probate Judge
1871
An Inventory of the effects of John
Simpson Dec that came into my hand as Executor or said Dec
One note on R. L. Boswell for
400.00
Due first January 1862
8.25
very doubtful
One other on R. L. Boswell for
Due August 1863
also doubtful
One note on Zenith Page for
80..00
An open account on Zenith Page for
80..00
all of which is very doubtful
This 18 of Sept 1869
T. C. Meadows Executor
of John Simpson Dec
Sworn to & subscribed this the
21st day of Augt A D 1871
Thos A Ragland Probate Judge
Final statement of the estate of
John Simpson decd returned by his Executor
T. C. Meadows on the 5th of August
1872
he qualifies as Admin March 1869
Inventory returns therein:
One note on R. L. Boswell due August
1862 of 40.00
Acct on same due August 1863
8.25
Note on Zenith page
80.00
Acct on same
80.00
Amt
$208.25
Recvd on Claims against Zenith
Page the sum of
$185.00
Disbursement
Paid Judgment against the Executor
on account for medical bill against
John Simpson
$85.00
Paid H. G. Hott for coffin
15,00
Paid certs? on claim against
R. S. Boswell on wh_ __ _____
was obtained but nothing made
5.00
cert on ______ ____ on same
1.15
Medical bill to Dr. Patrick
2.00
Tap pd T. W. Patterson
2.43
Acct ___ T. C. Meadows for land
375.00
$485.58
*************************
T. C. Meadows Exr.
of
John Simpson Deceased
Final Account
====================
Examined & approved
Also Recorded in book
of Settlement page 64 tt?
Thos. A. Ragland
Probate Judge
1872
Amt of Claims Carried over
$208.25
Amt of Disbursements
$485.58
Amt due Executor
$277.33
Judgments obtained on both claims
against Boswell but nothing was made the claims are worthless, nothing can be
made on a settlement with Pag? Executor received only the sum of $185.00 in
fule? of the whole something more was due in the way of interest but this was
accepted as the best that could be done & so returned. He did not
sell the judgments against Boswell as they would bring nothing & at for
value would not pay the debt due the Executor.
Sworn to & subscribed before} Thomas C. Meadows
me this the 5th day of
}
August AD 1872
}
also
}
Thos. A. Ragland
Probate Judge
*******************************
T. C. Meadows as
Executor of John Simpson
Against
William R. Simpson
Bond for Cost
I hereby approve of the sufficiency
of the
sureties of the within Bond, and
Summons
issued accordingly.
Clerk Superior Court
Rockingham County: -- In the
Superior Court
T. C. Meadows as
Executor of John Simpson decd
Against
BOND FOR COSTS
William R. Simpson
We, T. C. Meadows the Plaintiff,
our Executors and Administrators, are bound to the Defendant, William R.
Simpson in the above entitled action, in the sum of Two Hundred Dollars.
This obligation to be void upon the condition that the said Plaintiff T. C.
Meadows shall pay to the Defendant, all such costs as the Defendant may recover
of the Plaintiff in said action. Otherwise to remain in full force and
effect.
Witness our hands and seals, this
12 day of July, 1873
Thomas C. Meadows , (Seal)
Tho. A. Ratliffe ,
(Seal)
**************************************
SUMMONS FOR RELIEF
Received July 21st 1873
Served
1873
The Defendant not to be___
found in my county but____
living in the State of Georgia
as I am informed & believe_
July 21st 1873
J. S. Johnston
Sheriff, Rockingham County
Rockingham County --- In the
Superior Court
T. C. Meadows as Executor
of John Simpson, decd
Plaintiff
Against
SUMMONS
William R. Simpson
Defendant
State of North Carolina
To the Sheriff of Rockingham County --- GREETING:
You are hereby commanded to summon
William R. Simpson the Defendant…..above named, if _he be found within your
County, to be and appear before the Judge of our Superior Court, at the
Court to be held for the County of Rockingham, at the Court House in Wentworth,
on the Second Monday after the First Monday of September next and answer
the complaint which is herewith deposited in the office of the Clerk of the
Superior Court of said County, and let the said defendant …. take notice
that if he fail to answer the said complaint within that term the
plaintiff …. will take judgment against him for the sum of Two Hundred
and sixty seven & 81/100 Dollars, with interest on same $267.81 Dollars
from the 18th day of August 1856 subject to a credit of $50 June 20th 1857.
Herein fail not, of this summons
make due return.
Given under my hand and the seal of
said Court, this 21st day of July 1873 .
R. H. Wray
Clerk of the Superior Court
of Rockingham County.
Superior Court - Rockingham County
T. C. Meadows as Executor
of John Simpson decd
Order of
vs
Publication
William R. Simpson
It appearing to the
satisfaction of the court, by the annexed affidavits & complaint that
the above named defendant cannot after due diligence be found within this
state, and that a cause of action exists against said defendant William
R. Simpson in favor f the above named plaintiff and that the said defendant is
not a resident of this state; but has property herein Put in P. O.
and resides in Lacross County of Gwinnett State of Georgia and
the Court has jurisdiction of the subject of the actions. On motion of
Scales & Scales attys for the plaintiff it is ordered. That the summons herein
a copy whereof is hereto attached be served by publication of the same in the
Greensboro Patriot a newspaper published in the City of Greensboro, N. C.
once a week for six weeks. And that a copy of the summons and complaint
be forthwith deposited in the Post Office Put in P. O.
directed to said defendant at Lacross Gwinnett Co. Georgia his
place of residence, and the postage paid. And a warrant of
attachment having been taken out at the time of the issuing of the
summons herein. It is further ordered that notice shall be duly given in
said pubication to the defendant of the issuing of said attachment as required
by law.
Put date This 12th
day of July 1873
R. H. Wray CSC
Clerk of the Superior
Court of Rockingham County.
T. C. Meadows as Exet
vs
Affidavit of Mailing
William R. Simpson
I R. H. Wray, Clerk of
Superior Court of Rockingham County
– do hereby certify, that, at the request of the plaintiff in the above
entitled cause
Put date I on 21st
day of July 1873 – deposited a copy of the Summons & complaint herein
When mailed in the Post Office at
Wentworth directed to William R. Simpson the defendant above named at Lacross
Put in P.O. Gwinnett Co. Georgia his place of residence
and prepaid the postate thereon Put in date
This 21st day of July 1873 R. H. Wray C.S.C.
Superior Court - Rockingham County
T. C. Meadows as
Exr of John Simpson
decd
vs
Complaint
William R. Simpson
The plaintiff above named
complaining as Executor aforesaid: alleges
I.
That on the 18th day of August AD 1856 the defendant
covenanted with one John Simpson under his hand and Seal, to pay to the said
John Simpson the sum of Two Hundred and sixty-seven Dollars & Eighty-one
cents ($267.81) one day after date for value received.
II.
That thereafter and before this
action, to wit Date on 1st day of June
1868, the said John Simpson died leaving a will by which this plaintiff was
appointed sole executor thereof Date
III.
That on 16th day of March 1869 said
will was duly proved and admitted to probate in the office of the Probate Judge
of Rockingham County and letters testamentary was thereafter duly granted and
issued to this plaintiff as Executor by the Probate Judge of said County and
this plaintiff thereupon duly qualified as such Executor and entered upon the
discharge of the duties of his said office.
IV.
That no part of the said sum has been paid
either to the said John Simpson in his life time or to this plaintiff except
the sum of Fifty Dollars ($50.00) on the 20th day of June 1857.
V.
That the defendant is not a resident
of this state; but lives in the County of Gwinnett State of Georgia. Whereon
the plaintiff demands judgment against the defendant for the sum of Two Hundred
and Sixty-
Seven & 81/100 Dollars, with interest on the said
$267.81 from the 18th day of August 1856 till paid together with the
costs of this action subject to a credit of $50 on 20th June 1857.
Scales & Scales
Attys for pltf
T. C. Meadows being duly sworn says
that the foregoing complaint is true of his own knowledge except as to those
matters therein stated on information & belief and as to those matters he
believes it to be true.
Sworn to and Subscribed
Date before me this 21st day of July 1873
Thomas C. Meadows
R. H. Wray C.S.C.
************************
T. C. Meadows as Executor lc
vs
William R. Simpson Complaint
order of Publication & Affidavits
Certificate of mailing
Scales & Scales Attys.
Affidavit
T. C. Meadows as Exr}
Affidavit
vs }
To obtain attachment
W. R. Simpson
} & order of
Publication
T. C. Meadows, Executor of the will
of John Simpson decd, being duly sworn says
I.
That a sufficient cause of action exists in his
favor against the defendant, the grounds of which & the amount appear in
the sworn complaint in this action hereto annexed, all the statements contained
in which are true to the knowledge of this Deponent.
II. That the
defendant is not a resident of this state & that he lives in the County of
Gwinnett State of Georgia Lacross PO and cannot after due diligence be found in
this state; but has property herein, being a distributee and one of the heirs-at-law
of George Simpson decd, late of Rockingham County, whose duly appointed
Administrator is William P. Watt of said county and who died leaving a large
personal estate & ____ in fee simple of a valuable tract of land in said
county on the waters of Hogans Creek near Lenox Castle and adjoining the lands
of Bethell & Scales & others and which under a recent order of the
Superior Court of said county in a suit for partition between said heirs is to
be soon sold a public sale for partition between the defendant and the other
heirs at law, according to their respective interests therein, by the
said Wm. P. Watt duly appointed Commissioner of the Court for that purpose.
(Turn over)
III.
That the said plaintiff has commenced an action in
this Court, by issuing the summons hereto annexed against said defendant upon
the cause of action above stated.
Sworn to and subscribed Date
before me this 21st day of
Thomas C. Meadows 1873.
R. H. Wray C. S.
C.
*************************
T. C. Meadows as
Exer of John Simpson decd
vs
Wm R Simpson
Judgment $200.00
Scales & Scales attys plaintiff
Superior Court - Rockingham County
Fall Term 1873
T. C. Meadows as Executor
of John Simpson decd
against
William R. Simpson
In the above cause - in pursuance
of an agreement made by the parties above named and of their express authority
- given to us respectively, it is hereby compromised and agreed that a judgment
shall be taken for the sum of Two Hundred Dollars and that the interest of the
said defendant Wm R Simpson in the estate of George Simpson decd now in
the hands of W P Watt as Admr & upon which a warrant of attachment has been
levied shall be appropriated so far as may be necessary to discharge said
judgment in satisfaction thereof & the judgment below is hereby _______
-
Scales & Scales - attys for
the plaintiff -
S. F. Watkins atty for defendant -
Superior Court - Rockingham Court -
Fall Term 1873
T. C. Meadows as Executor}
of John Simpson Decd
} Judgment
vs
}
William R. Simpson
}
The summons in this active having
been duly served by publication & the complaint duly filed and the
Defendant Wm R. Simpson having voluntarily appeared in open Court through his
Counsel S. Fred? Watkins at a Term of this Court, held at Wentworth - before
His Honor, A. W. Tourger? Judge - on the second Monday after the first Monday
in September 1873, and declined to answer to the complaint herein: but
consented that judgment might be taken against him for the sum of Two Hundred
Dollars ($200.00) Now on motion of Scales & Scales pltf's
attorneys It is ordered and adjudged that the plaintiff do recover of the
said defendant Wm R Simpson the sum of Two Hundred Dollars ($200.00) together
with the costs of this action.
This the 19th day of September
1873.
A. W. Tourger
Judge 7th Dist
*************************
T. C.
Meadows as Executor lc
vs
Wm R
Simpson
Undertaking
T. C.
Meadows as Executor}
of John
Simpson decd } Undertaking
v.s.
}
William R Simpson }
Whereas the above named plaintiffis
is about to apply for a warrant of attachment in this action against the
property of the above named defendant Wm R Simpson in one of the cases provided
by law:
Now therefore __ T. C. Meadows and
both of the County of
Rockingham, undertaken pursuant to law, that if the above defendant recover
judgment or the attachment be set aside by order of the Court, the plaintiff
will pay all costs that may be awarded to the defendant and all damages which
he may sustain by reason of the attachment - not exceeding the sum of Two
Hundred and Fifty- Dollars.
This 21st day of
Thomas C. Meadows
July 1873.
Thos. A. Ratliffe
State of North Carolina
in the matter of
T. C. Meadows,
Plaintiff
AGAINST
Wm. R. Simpson
Defendant
Jas. W. Albright of Greensboro, being duly sworn, says: That he is foreman of The Greensboro Patriot, a
newspaper published in the city of Greensboro, and that the annexed
advertisement was published in said paper once each week, for 6 weeks
successively, beginning on the 23 day of July 1873.
Sworn and subscribed, before me,} Jas. W. Albright
this 30 day of Aug. 1873
}
Rob. M. Swi___
Ma___ J. P.
ROCKINGHAM COUNTY, Superior Court
T. C. Meadows, as Executor of John
Simpson, deceased,
vs
William R. Simpson
In this case, it is ordered by the
court, in pursuance of the law in such cases made and provided, that service of
the summons herein, as given below, be made by publication - upon the above
named defendant, William R. Simpson - in the Greensboro Patriot, once a
week for six weeks; and that the said defendant be and is hereby further
notified that an attachment has been duly issued in this action against him, in
favor or the above named plaintiff herein, for the sum of $267.81, due by bond,
dated August 18th, 1856, and payable "one day after date" to
plaintiff's testator, John Simpson, subject to a credit of $50 on 20th of June,
1857, and that said warrant of attachment is returnable to the next term of the
Superior Court to be held for the county of Rockingham, at Court House in
Wentworth, on the second Monday after the 1st Monday in September,
1873.
R. H.
Wray, C. S. C.
************************************
ROCKINGHAM COUNTY,
In the
Superior Court.
T. C.
Meadows, as Executor of John Simpson, dec'd, plaintiff
vs
Summons
William
R. Simpson, defendant.
State of
North Carolina.
To the Sheriff of Rockingham Co., -
Greeting:
You are hereby commanded to summon
William R. Simpson, the defendant above named, if he be found within your
county, to be and appear before the Judge of our Superior Court, at the court
to be held for the county of Rockingham, at the Court House in Wentworth, on
the second Monday after the first Monday of September next, and answer the
complaint which is herewith deposited in the office of the clerk of the
Superior Court of said county, and let the said defendant take notice that if
he fails to answer the said complaint within said term the plaintiff will take
judgment against him for the sum of two hundred and sixty-seven dollars and
eighty-one cents, with interest on the same ($267.81) from the 18th day of
August, 1856, subject to a credit of $50 June 20, 1857. Herein fail not,
of this summons make due return. Given under my hand and the seal of said
court, this 21st day of July, 1873.
R. H. Wray,
Clerk of the Superior Court
of Rockingham Co.
************
T. C. Meadows as Exer lc
vs
William R. Simpson
Warrant of Attachment
Served the within warrant of
attachment upon W. P. Watt Admr of George Simpson Decd by leaving with him a
copy of the within attachment with the Levy as herewith filed together with
inventory of interest in said estate.
July 27 1873
J. S. Johnston, Shff
Superior Court - Rockingham County
T. C. Meadows as Exr of }
John Simpson decd }
Warrant of
v.s.
}
William R. Simpson }
Attachment
To the Sheriff of Rockingham County-: Greetings
It appearing by affidavit that the
plaintiff is entitled to recover from the Defendant ($267.81/100) Two Hundred
and Sixty Seven & 81/100 Dollars with interest thereon from 18th day of
August 1856 subject to a credit of ($50) Fifty-Dollars on 20th day of June
1857; and that the above named Wm R. Simpson is not a resident of this state
you are commanded forthwith to attach and safely keep all the property of the
said William R. Simpson in your County or so much thereof as may be sufficient
to satisfy said demand with costs & expenses. And you will return
this warrant with your proceedings thereon to the next Term of the Superior
Court for the County of Rockingham to be held for said County at the Court
House in Wentworth on the second Monday after the first Monday in September
next
This 21st day of July 1873}
R. H. Wray
Clerk of Superior Court
of Rockingham County
I hereby levy this warrant of
attachment upon Wm R Simpson's interest as one of the heirs at Law of George
Simpson deceased, in a tract of land of which the said George Simpson died
leiged? in fee simple & intestate lying on Hogan's Creek in Rockingham
County adjoining the lands of Bethell & Scales, Milton Sanders & others
in the immediate neighborhood of Lenox Castle July 21st 1873 at 2 o'clock Poll.
J. S. Johnston Sheriff
Rockingham County
I hereby levy this warrant of
attachment upon Wm R. Simpson's entire interest in the personal estate of
George Simpson decd which is now in the hands of Wm P Watt as Admn of said
George Simpson decd as per inventory herewith filed
July 27th 1873
J. S. Johnston
Sheriff
*******************
Execution Against Property
No. 1056 J. D.
Thos. C. Meadows Exer of
John Simpson, Plaintiff
Against
Wm R Simpson, Defendant
Execution Against Property
Returnable to Spring Term, 1875
Issued Feb 17 1875.
Received March 22nd 1875.
T. W. Patterson, Sheriff
by J. W. Justice, Depty
(illegible)
The Defendant has not sufficient
property in the county to satisfy the within Execution.
T. W. Patterson, Sheriff
By J. W. Justice, Depty
BILL OF COSTS
Clk Wray
$6.54
Tax
1.00
Greensboro Patriot
7.00
Attys Scales & Scales
4.00
J. S. Johnston, Sheff
.60
Clk Leter
.35
------
$19.49
Rockingham County:-- In the Superior Court
The State of North Carolina
To the Sheriff of Rockingham County
-- GREETING:
Whereas, Judgment was rendered on
the 15 day of Sept , 1873. in the Superior Court of Rockingham County in an action
between Thos C. Meadows Exr John Simpson Plaintiff, and Wm .R. Simpson
Defendant, in favor of the said Pltf against the said Deft for the sum of Two
hundred Dollars, as appears to us by the Judgment-roll filed in the office of
the Clerk of our said County. And whereas, the said judgment was docketed
in this County, on the 15 day of Sept, 1873, and the sum of $200.00/100 Dollars
is due thereon, with interest on $200.00/100 Dollars from the 15 day of Sept,
1873. And the further sum of Nineteen & 49/100 Dollars for costs and
disbursements in said suit expended, whereof the said Deft is liable
You are therefore commanded, To
satisfy the said judgment out of the personal property of the said
Defendant….within your County; or if sufficient personal property cannot be
found, then out of the real property in your County, belonging to such
defendant….on the day when the said judgment was so docketed in your County, or
at any time thereafter, in whose hands soever the same may be; and have you
this execution, together with the money before our said Court, at the Court
House in Wentworth on the 2d Monday after the 1st Monday in March next, then
and there to render the same to the said Plaintiff.
Issued
the 17 day of February, 1875.
D.
Settle
Clerk
Superior Court
Rockingham County.
*********************
No. 1056 J. D.
Thos. C. Meadows Excr of
John Simpson, Plaintiff
AGAINST
William R. Simpson, Defendant
Execution Against Property
Returnable to Spring Term, 1874
Received January 26, 1874
J. S. Johnston, Sheriff
The deft has no property to be
found in my county to satisfy this Execution. May 7, 1874.
J. S. Johnston, Sheriff
Costs
Clk Wray
6.19
Tax
1.00
Greensboro Patriot 7.00
Attys Scales & S
4.00
J. S. Johnston
.60
-----
$18.79
Rockingham County:---In the Superior Court.
State of North Carolina,
To the Sheriff of Rockingham
County---Greeting
Whereas, Judgment was rendered on
the 15th day of September 1873 in the Superior Court of Rockingham County, in
an action between Thos C. Meadows Excr of John Simpson Plaintiff, and William
R. Simpson Defendant, in favor of the said Thos C. Meadows Excr lc against the
said William R. Simpson for the sum of Two Hundred Dollars, as appears to
us by the judgment-roll filed in the office of the Clerk of said County. And
whereas the said judgment was docketed in this County, on the 15th day of
September 1873, and the sum of $200.00 Dollars is due thereon, with interest on
the Same Dollars from the 15 day of Sept 1873. And the further sum of
Eighteen & 79/100 Dollars for cost and disbursements in said suit expended,
whereof the said William R Simpson is liable.
You are therefore commanded, To
satisfy the said judgment out of the personal property of the said
Defendant….within your County; or if sufficient personal property cannot
be found, then out of the real property in your County, belonging to such
Defendant….on the day when the said judgment was so docketed in your County, or
at any time thereafter, in whose hands soever the sum may be; and have you this
execution together with the money before our said Court, at the Court House in
Wentworth on the Tenth Monday after the 1st Monday in March next, then
and there to render the same to the said Plaintiff. Issued the 21st day
of January 1874.
R. H. Wray
Clerk of the Superior Court
of Rockingham County.
********************
No. 1056 J. D.
Thos. C. Meadows Excr
of John Simpson, Plaintiff
AGAINST
William R. Simpson, Defendant
Execution Against Property
Returnable to Fall Term, 1874
Received Sept. 9th, 1874
T. W. Patterson, Sheriff
Nothing made this
14th Nov 1874.
T. W. Patterson, Sheriff
Clk Wray
6.54
Tax
1.00
Greensboro Patriot
7.00
Attys Scales & Scales
4.00
J. S. Johnston
.60
------
$19.14
Rockingham County:---In the Superior Court.
State of North Carolina,
To the Sheriff of Rockingham County---Greeting
Whereas, Judgment was rendered on
the 15th day of September 1873 in the Superior Court of Rockingham County, in
an action between Thos C. Meadows Excr of John Simpson Plaintiff, and William
R. Simpson Defendant, in favor of the said Thos C. Meadows Excr lc against the
said William R. Simpson for the sum of Two Hundred Dollars, as appears to us by
the judgment-roll filed in the office of the Clerk of said County. And whereas the
said judgment was docketed in this County, on the 15th day of September 1873,
and the sum of $200.00 Dollars is due thereon, with interest on the Same
Dollars from the 15 day of September1873. And the further sum of Nineteen
& 14/100 Dollars for cost and disbursements in said suit expended, whereof
the said William R Simpson is liable.
You are therefore commanded, To
satisfy the said judgment out of the personal property of the said
Defendant….within your County; or if sufficient personal property cannot
be found, then out of the real property in your County, belonging to such
Defendant….on the day when the said judgment was so docketed in your County, or
at any time thereafter, in whose hands soever the sum may be; and have you this
execution together with the money before our said Court, at the Court House in
Wentworth on the Tenth Monday after the first Monday in September next,
then and there to render the same to the said Plaintiff. Issued the 25th
day of August 1874.
R. H.
Wray
Clerk
of the Superior Court
of Rockingham County.