• Creator
  • North Carolina Park Commission
  • Wilburn, Hiram Coleman, 1880-1967
  • Sloan, W. N.
• Format
  • Land surveys
• Type
  • Text
• Date
  • Date original: 1928; 1929-06-27;
• Subject - Topic
  • Acquisition of property
  • Government purchasing of real property
  • Reports
• Location
  • Great Smoky Mountains (N.C. and Tenn.)
• Source institution
  • Western Carolina University
• Source Collection
  • Cataloochee History Project
• Identifier
  • GSMNP_Cata-226_01

Page ....................... JJ: ...... . NORTH CAROLINA PARK COMMISSION ABSTRACT OF TITLE of Lands of .............. SIDNEY .. llEI.SON-----·---------·------- ----------------··--------------------- ·----·-------------------------·---·-·-----·-···-· -·-·-------------------·---------·--·- --------------------------CAT.ALO:OC:HEE .............................. Township -----------------HAYW.OOD--------------------------·-----·---·-------- County. STATE OF NORTH CAROLINA DESCRIPTION WESTERN PORTION OF TRACT {226} BEGIN1fiNG at corner 3 of Tract (226), a point in the center line of Noland Creek, A 30" lynn stump on south bank of creek is the old corner, set a 4" chestnut post in the lynn stump hole, Which bears s. 8-13 E. .15 chain distant, a 6" maple blazed and scribed B.T.-W.H.-Corner 5, bears South 24-00 w. ~15 chain distant from this post; Thence, leaving the creek South 8-13 East 5.42 A 16" beech scribed W.H. Corner 6; 12.26 Thence, South 81-30 West A point on a large rock marked "X" on south bank or Noland creek, .67 chain below a spring; Thence, south 75-02 West '7 .84 A point in t he center line of Noland creek at a turned hemlock, the old corner, 10.41 3.18 Set a 4" birch post scribed w.n. Corner 8; Thence,. leaving the creek North 22-41 West A 20" spanish oak with old corner marks scribed W.H.- Corner 9; A point Thence, with the meanders of a ridge, North 25-16 East Sltttt A ) North lo-41 East A Point 2.22 A Point NOct-th '1<>-4'1 west .at A 24tt white oak with old corner :marks and w1 tnesaea in a small gap, blazed and sor1bed, w.H.-Corner lOJ 15.'15 Thenoe 1 leaving the r±ttae, North '15-4l .Jast A Point in nmrked line; fhenoe, south 11-00 East. A Point in Noland creek beside a 24" chestnut; Thence, up lloland creek with ita maan4era, south ea-58 west A Point North '11-34 West The plaoe ot BEGINN!l~G ... containing 46.32 aores. \ ANAI.YSIS OF TITLE OF THE FIFTY ACRE TRACT OViNED BY SIDl~~ !tELSON LOCATED IN CATALOOCHEE TOVfflSHIP HAYWOOD COUNTY ,NORTH C AR OLit~A 1. This tract is a portion Of State Grant No. 252 issued by the state or North Carolina to .John Gray Blount on November 29 1 1796. Thif.l Grant embraces all the land in Haywood County that lies within the area designated by the Secretary of the Interior as the "Great Smoky Mountains National Park'',. This Grant is said to oon­tain 176. ,ooo aores1 and embraces a part of swain and Jackson coun­ties, 'l'hls Grant was originally registered in Buncombe County. now­ever, . a certified copy of same is now o:r record in Haywood County. see page~of this abstract. 2. The next instrument affecting state Grant no .. 252 is a deed bearing date of' February 291 1?98, from James Hughey, High Sheriff of Buncombe County, Nortn Carolina, to John Strother. This deed conveys State Grant No. 262, together with other lands':not under investisation,J By the reci tala in said deed, it .appears that .rohn Gray Blount failed to pay the taxes on the lands described in said deed for the year 1796, and that by reason of this fact• tha Sherirt, being the tax collector or Buncombe County, was forced to sell said land tor non•payment of taxes. The deed i'eo1 tes that the Ao~ passed by the General Assembly covering suoh sales. was followed in this oaae, and that said premise.s were sold at public auction after first adver-­tiseing ~a:me and otherwise, as required by law, and that John Strother became the last and highest bidder for t he land described in the afore­mentioned deed. In the event that the Sheriff failed to Jnake this sale according to law we are or the opinion that since suoh a long time has elapsed, that anyone who might be interested• or have a ola1m. to said land• would be barred from setting up such claim by the statute of limi·tations; said premises having been held so long under color ot title, and adversely. See page _Lot this abstract. 5. Thereafter, John Strother died• after first publishins his la. st will. and testament, which ~~be~rs date November 22, 18061 an4 a oopy of which will was duly probated in Haywood county on the loth day of Amy, 1883, By this will John Strother gives and bequeqths to John Gray Blount, sr., all the land that he had purchased at n "Sherif:t''s sale; said land so puronased being located in Buncombe County, on th• water. s of Big Pigeon River, and also in the ViQi_nity ·o·f· Asheville~, .Big Laurel River and French Broad River. The traot located on t he waters of Big P-igeon R1 ver being the premises under investigation, {state Gran~ No, 252) the only portion of t he will affecting the land under 1nves-t1• gation, may be seen by reference to page 10 of t his abstract. 4. The noxt linl: in the ehain .Qf title to state Grant ro. 262 l is the l6st will and testament o.f .rohn Gray Blount., which boors dnte 0 ·. of March 25, 1623 • a copy of which v;ill -was duly probated. 1n t.'la oftioe of th.e · Clerk o. f t .ha SUperior Court &.· .f Haywood County.1 on April 22• 1898. By thi.& will .Tohn G:rey Blep,unt constitutes and appo1rn;s as his legal. exe­cutors., ThOmas rr. Blount, John Gray ;Blount and William A. Blount. The above J:la.m$d executors are g1 van :full power and. nuthor1 ty by said Will to aoll or di~se of any lands \Vhioh the tostatcn- died se1zod of. The only po.-tion of' this will affecting the land under investigntion may be seen by reference to page 11 of this abstract • .5. '.Che next instrument nfi"eotine t he land under investigation, ( s tate cront I1To. 252) is a deed besrinB date December 20, lSM, from Thomas o. Bl~unt and Willial'll A. Blount, executors of John Gray Blount to nobert love and .Tames n. J..ove. This deed conveys to the grantees aU tho land o-wned by John Gray Blount located w1 thin the counties o£ Bun­combe, Haywood and Yancey- no description by metos nnd. bounds, nor b7 roforenoe to state Grant number being given in said deed. ne notioe one of the executors, Jol:ln Gray Blount, fniled to join in the execution ot" this deed. we have boon unable to determine whether or not this said oxeoutor was living at t he date of said deed. or whether he ever qual.i• fled and accepted the t1•ust imposed upon him by said will. However we are of t he opinion that this defect baa been cn .. tred l;y t ho lapse or time. This deed is of reool'd in Raywood County. see pn~ 12 of this abstract. 6. We now have state Grant no. 252• which is t he land under .investigation, vested in Robert LOve and his _son, J'ames B. I.ove, as . ten­ants in common. sometimo after acquiring ti tlo to one-hn.lf o'f state Grnnt No. 25~1 Robert Love clie)d, atto:r first publi shing his ln st will and testnment.. tuthough the said Robert Lovo disposed of o.ll his real and personal property, with t he oxoeption of the real property described in the deed from the executors of John Gray Blount to Robert Love and J'amea R. Love, Robert Love died intestate, in so fur as State o:r-nnt No. 252 t• concerned, leaving state Grant No. 252 vested• one-half . undivided interest in Jamos n,. Lov~., and ono-llalf uhd1 vided interest vested in the heirs at law of Bobart :tovo. dooeased. It appears t hat after t he uoath of his father, James R. L&V$ prooeodod to .sell smell portions of statE) Ornnt :r-ro. 252,. and signed the deeds "J"e.mos R.l.ove1 surviVing pnrtner of Roben Love". Of course, the truots so sold would . bo subject to the interests of tho heirs at ls:r1 of Robert Love dooeasod nothing else appearing. rrowever, tho heirs nt law of nobort l.ove rntlfied and col',lfirmed afol'ernen­tionod sales by an ~e0ment and cOIH1E:mt judgment entered in o. s uit on­titled, «J1tm0s Gudger, ot ul vn J. 11. r.ove, &tal", which nuit 1.tlll be treated more tully hereafter 1n t his analysis. About t ho yonr 1854 •. the heirs at law of Robert 1..,ove . doeeased, f iled a Bill in .EQuity in Buncombe County, north Carolinn, age!nst James B. !.ave and t lle e~eoutors of liobert Love. deceased. Tl.le title to this ou1 t being "J~unes Gudger, et al vs ;r. R. Love, et al". The compl aint and MSYlers of the oeveral t'lei'endante may he soen by reference to pages~to ·. 26 of t llis abstract. Tl'lis suit terminated in a consent jud~signed at Spring Term . 1857 • \"there­by I •. B. sawyer'.·. as Clerk and ;:,;aster • was authoriz. od m1d fully enwowef.a4. to sell all lonas mentioned in so1.d OOI11Pl.n1nt at public sale. This j~ ment may be seen by retcr-ence to page2Z..of this abstract. ? Therefore, on Novomber 22, 1859 Isac n. ~,awyor, as Clerk and Mester In Equity, pursuant to t b.e jud.pcnt horeinbof'oro referred to 1 conveyed to .Tames R. Lovo a tract of land conte inine; loo.ooo acres, more ... or loss, being a portion of Ste.ta r.rant No. 252, und embracing all tho ( \ land under investigation. T'tds deed is of reeord in Ho:ywood County. (See page~of this abstraet). For report o:r this sale, und oonf11'11'f1- tton .of emme, see pages....:a_to~o:r t 111s abstract. a. On October 161 185'7, James R. Love ana the heirs at law ot Robert Love, deoeased1 onterecl into en ogreement 't1bereby the Clerk and Maater was 11Uthor1zed to :make ti tl.o to the said .rwoos R. t.ove ot all the Love speoulntion lands; tho said J . 1{ • . Love to hold one-;llalt and one-twe~fth .or the Qtb:er .half 1n his own ~1ght. and the romaind&Z' 5 as trustee fo~ tho benefit o.f the oth¢:' parties to · tllis ag:reemont. .And tlle se.id Ja.ml)s n. Lo:ve was authorized ~d fUlly empowered by St;Iid asree­ment to muke onlos or ·!L~ portion of tho said Speculation Lands and to execute titles therefor. end. to account annunUy to the l1o1rs al le.w of the saitl nooort tove, uecoo,sed. 1;.lthough this ~cement does not at­foot tho Nelson Title which we now have under tnvestisation. it is vit­ally irtq)orta.nt to several <>thor tracts located wtth1n the Pnrk area. which will be undor 1nvestiMt1on her®ftor • . This agreement is or re­cord in tho of:fico of the ·olQ.rk· ot the superior court or Haywood County. see po.ge.....a:L.ot' t his nbstruct. 9. . SOilletime prior to the ~e.r 1800• .rmnos R. Love died, after :first publishing h1G last will lUHl tostrunent, which ooe.rs datet August 21., 1858• nnd was duly prolmted in thG office of the Clerk ot tho su­perior Court of Haywood County. On ... IDrQ.h 29 . 1.008, Jt>Joos R. Love ap­points as h1s ~xecutora to execute his las wl~l and testa.mf.mt. William rt. Thoms, Robert c . A. Love, v:1111exa L .. IT:f.llia.rd and samuel L. I.ow.. IJ:ho above rmr.1ed. oxeoutors are g1 ven power to sell the Spooulution Lands by tl1e fol1Qwing language in · saitl \7111: f1And in l'elat1on to tho Specu­lation Lands, 1t is my will end destr'3 that the sales shall c()ntinue under tlle management of my executors as thougll I Vlt'l.S 11 ving; t hey, re­ceiving for t heir servi ooa, the same thn t I a.m reoe1 v1ng, to wit: · twenty­five per oont on the amount sold, end t !'ley nre also to l!l..tlke t1 tles. and Phillip w. Edwards 1 s t o be oo.ntint1ed agont as long os tho executors and ho oan agree. · Soo page.22.,_of this abstraot. 10-.. h)r virtuo of t ho authority vest0d in t llam by the will ot James R. Love. deoe{ll.sed, w. n. Thom:u~, ~ooort o. A. Love. w. I,.. 1111- linrd ruld Srunuel 1~. Love., executors, proceeded to sell portions ot the :;peculation Lands,. and to mnke titlos therefor, a:..1 said executors. It ap~ars that these said oxooutors failed to make: tho p:roper oottlemenfl With the 11a1rs at law of' James R. Love and tho heirs nt law of P.obert Love as sot out in the asreomont on :pase 35 ol' t:V.is abstrnot. Conse­quently, about the year 1689,. the heirs ii"'l'aw of J"' n. Love nnd P.obe!"t l.ove filed a suit 1n the Superior. Court of Haywood Cotmty, entitled . 11W. L. TIOJU7 Adm1n1otrator• at €11 vs w. L. f11llb\l'd1 et altt• · It appears thnt the basis or this aui t t'•'llS tho agroement between J. R. !.ove and tlle hairs at. law of Hobert T...ovo, whO wore purties to the agreement, sot ou'l on page....:iQ._O.f t his o.batl'oet~ Thin oui t wos brou.,~1t to force settlomeat by w. L. 1Illl1tU"d, exeoutor, in aeoaroonoe wi tll the provisions of the aforemontion:ed agrfiie.mont.. It appeared by t he oom.pleint filed in sa14 action. thut the Btlid t;. L. Hilliard had failed to mlce Sl>ttlemont m:no:ag - the several hairo t herein montion.ed. This suit wno held on the docket i.n Haywood County for many ycara • and lll'lJ'fJ f1.:;~0E411Emts, order a and a:on­S& Ilt Judgments ere Sl>read u:pcm too record. most of which only nffect. tll• d1spos1 tion or disposal. of the purohc.se pries obtained from the sale ~ the Sl)ooulation Lands. From our investigation of the rooords, we are ot tho opinion that none of t he heirs at law of Pooort love or of .TfiLVS Love ever questioned the authority or power of .Jrunos n. r..ove or his \ executor to sell anc1 make t1 tlo to the &"peoulntion Lends; but is seetnS that the only controversy betw4len the pfll'ties was the d.i vision or tho purchase price obtained from the sale of said l cmds. After this suit was i'1led, end about t he second day of .Tuly, 18901 t he !lairs at law ot J'f1P!..es R. IJove and P.obort t o1re ontered into an e-~eomont , with w. L. nil­liard , executor . end others. ~eeing upon quite a number of the issues raise! by tho pleadings in snid onset and also agreeing ns to tho in• teres't of t he respective heirs to sa d Speoulnt1on Lands. A copy or t his o.groomt;mt is . of record in tllo office of t ho Clerk of t ho S~.lperior Court of Haywood County. see psce~of t''lis abstract. In pursuo.noo of the aforementioned agNement, n oonaont judgment was entered in said case which conforms almost exao-cly with t he provisions of s aid agree­ment. anc1 sete out t he interests or tho respcoti ve heirs to t ho Specu­lation L&nds. In t llis judsment the beirs or J'mooe H. l.Qve and of F.obert Love rQoognize the power and a uthority of .Tames R. I..ovc Glld his exoou­tors to make . t1 tlmu for the Speculation Lands, und t he only controversy is tho division of tho proceeds of' t he sales t hereof. see pnge 41 of t his nostract. ..t\t Spring Term• 1091• of ooid Court, W.- L. Hilliarilt the only surviving executor of .r. n. I,ove ho.ving died, an ordQr, by consent of al.l pnrt:l. os, was ontered a.ppointins !~ . D. G1111'.er a.s tr~stee to take ohnrso of and disposs of the said Spooulation l.tmda,. ;?itll full authority to sell any por-tion or t he 3peoulation I..ands, and to make t1tlas there­for, oncl. to report tho proceedings had t hereon ooolc to . the Court fQr con­firmation. A cop)" of this ord-o.r 1a of record in t he office of t llo Clerk of t he Superior Court of :.raywood County.. See p a~ 46 of this abstract. By oonsent of nll tho parties. tho above roferrod to'Oraor wan at t.he Spring Term., 1891, modified 1n that tho said. trustee, R. D. G1lmor1 waa not required to report sales made of tho s ;·eoulat1on Lan.ds to t he court for oonr1rmat1on •. . prov1. dod the pm·cho.so price did .not exceed the stUil ot Five nundred ( $.500} l)ollars. A copy or t his order 1s of record in the office of tho Clark of t ho SUperior Court of Enywood County. see P£180 48 of this abstract. At sp:rin~ Term, 1896 •. an order wns rnado amendins tni""'"judgm.ent and decree entered at Spring Term. 18901 See pnee__41_of t his abstract. It appears by tho wording or tho first Judgmont,pege __ll_oi" t. his n.bs.. t. re.. ot! that the logD.l t1 tle to t he speoulntio. n Lt.l. n ds. we.s VOited in the savora heirs et la·w of Hobert Love and of .rnmes H. L-ove; and \"'ihOreas it was not the intention of tho said heirs . nor of tl:'.e court to ve,st tl1e legal title to the Speculation l .ondo in s~ld heirs. but tha~ the legal title should remain in the exooutora. of :r. H •. Love, and in the trustee nppointod by t his Court., so that onles mieht bo l!'.ude nnd that the exaoutors or trustee could make a good ond sui'f1ciont ti tlo to oe1d speculation Landa. Therefore., Wl order was mo. do moon(~ing t he f Ol"tler o:rder, nnd vestin.6 the legal title to t he said Speoulntion lnnds in t he exeou-tors of Ja:rnoe R. Love, deooase<.l1 or .1n the trustee appointee. by.· ... t his Ouurt with fUll author ity to mnke tit.I.es to any portion of the Speoul.at1on X.tmds. This ot·dor is of record in t he of fioe of tho Cl erk of the superior court of Raywood County. S'60 pa ~o ...Jil..._Of t his nbstraet. After n. D. otll'ne:r was appointed trusta.o by order or~ oourt1 some quost1on was r nisecl as *o -whether or not ho was f ully empowered to l'l'.k"lko t1 tle to t l1e Speoulat1011 Lends, as 1t appeared fran the records that J. R. L01Te \'l6s ont itlod and ovmed in hi s own rieh t f ourteen t uenty-f ourtha of' ouid Specule.tion t .andaJ und some question having boon rn.isad as to v:hethQr o-r not the court \'?El.a ompowared to nuthor1ze the sal.o of t oot portion of t ho Speculation :uu:uta OW'I..'led l:ly .Tf!naos R. !..ova; tllerofora. to disquiet ony question boing ra1se4 _ as to his a utho.ri ty to sell snid §U<Jculn~ion Land.-,,.. 1nt. ~ D~ Gi:tmer dulY Gt!Sll · fied and wns appointed admlru.strntt>r do ~;onla non w n t nG will nnnexe« ~'jjf' Jrurtea • l..ovo. The order of. appointment and bond f iled is ot l'eoord In t he of:fioe of t he Clerk of tl'10 SUperior Ct:)'lU't of Haywood Cotmty. Seo pago~of t his abstract. 11.. On. J'$RUCU7 30,. ,v395• ~· D. G1l.mert , U'uatee to-r the boue at law 41' J"amea n. :r..ove deoeaae4 . conwyea to- w. ill• Hall a tract <:>£ land coatdning 100 e.oree whlcll sud t~ot 1s a portion o~ state ~' no. • . aoa., However; onrbnli" o:.r the ltl1J),Glrf1l 1at.nata, w1 th all mln.lns pri v:llt-808 1e ,._s$l'VG4 r:Nm this ,ponv•yru;.c$., ·fbi a ttoe4 1a of' Heord 1n rtaJWQod countr. Be'S paeo~of thie ·abe-tract. 12. . . 011 P$COmbcJl' l '1,. ~9le• Vf• . M. Hta!~.r 6ltd Wife • :{.O~ Hall!. con... ·~ ... _to s. A. Hnl1 ant\ vrtte • .S sl"&h Ras.l, Allen .n ~. · . an. 4 ~- 1o i1Ul. £'1!!. I ttores of . l ana c\$8Cfl"i.'bed . in 'he ~4dtl'J6 .P~ ptapb at this a• .. ysts. nowever,. we &H of . th$ op1n!on thtlt the desonp•1oa contained in said deed ! .a lnm1ffle.l$l'lt to o,onve::r - tha gran~ooa a SOQ-d t1 t lo to t .hi s p~iton ot lan4• 6lld ... ~ TGO-OI!Illl$nd that a qu1 t olet. 4ea4 be obta.1nod ~ w. L Hall ed 'Iif'e st v.tng & ooa­Jteo: t 4esor1ptton of' this tttt;y a~ tmet.. Thllll deed 1s ot r ooord in napl'>Od O·ounty. S~e page~of this Gb$tl'SQ't.• 15. on Octobel" 5!1927,_ s. A. ttell and wire, ~~-Allen H&ll and W1f&1 !Iargent Hal.·. • Cllarlie Hall and w1f'tl, Pe~rl. ftlu.l.• . oon- · ve-yed to SidneY' Nelson tlw 1rr a<tt 0'!: l Wld me.ntioned tn tl1e preoGdtns pnrt.grG.J>h ot tllii!J .. analysis. In this eonveyanoe the s0me tnadQqunte deadr1p~ioa was glven. and we are ()r the opinion . that the same should be oure4 bJ' e. quit clAim deed. Ott Oetobft 21.1 1927 . S14ney Nel.scm and w:lte Addie lielson!:~e~u'$4 to w.. 0.. Hell a _ 4"d· Of '\l"WJ\ @!von to secu:re the eun o:r ~so..oo WhiCh cl$04 qt- ~at 1& :t\.--Ay l'(ti30rded 1D '---../ Haywood coun.ty in l)r$Gd of ~t book, No • . l a .t a t p~ No. ~o .. This deed of truat has not ee ~n oaneel.e4 or roooru. 7 Page .......................... J.5 .... . NORTH CAROLINA PARK COMMISSION ABSTRACT OF DEED OR GRANT In Preamble As Signed As Acknowledged ~ 0 =e North carol1na, ,Y252 . "~.... ~~-----------------+-----------------~----------------- : Xohn G~ey Blount L_ __________________ J--------------------L----------~------- J 1. Kind of Conveyance ... --~~fil-~_c,_ ___ qf~.P.1L#g~~--- 17 ') ~ 2. Date of Conveyance ..... ll..O..~~!'~~---····· ................. . 3. Is it properly executed ... .......................................... .......... . 4. Date of Entry and No ...... 5. Before what Officer acknowledged .. ....... ........ ..... ........... . 6. Acknowledgments, regular ................................. .. 7. If irregular, copy in full on back. ................ ................ . . 8. Did all grantors acknowledge .............. ........................... . 9. Date of acknowledgment ..... ......... ............. . 10. Was privy examination of wife taken .......... .. . 11. Did officer affix SeaL .................. ......... ...................... . 12. Was order of probate correct.. .................. ................... ... . 13. Does conveyance contain convenants- (a) of seizin ....... ................................. ............... .... . (b) power to convey ...... ....... ................................ . ~:: ~::: o·f·-~-~~---f~l: .. r.ec_o_r~ :.:::::: :::··~~~~::::4Bo::::::::::::::· for .. ....................... BunCOmbe .................. County. (c) against encumbrances .. ........ . 16. Does deed contain any special limitations, provisions (d) against chims of all others .... . .......... ........... .. .......... . or restrictions ............ ... .. .......... .... ........... ... ..................... .. 17. Habendum clause (Quote fully) ...... . ..... .. ....... ........... .. ···· ····· ······· ··--········ ·····--···· ----·-········-·· ··- ······ ···· ···· ··---·--······ ··· ..... ·· · ---· ··-·- ············--·--·---······ ····· ····· ·· -- --------·---···-- --- ··-·· ··---· ·· ··-··· ·· ··- -------------- Exact Description of Property q~nta~nty l,76 •. 0Q~ a.Clf6J_$ • lpns nnd be~M in o~ countz qt _ll\moombe C)n ~~ s~uthw~at sicle o:r French Broed R1ver .. BEGiteflNGs at e s.Prcuct pine on 'bhe Northeast -end ot the h1.ghe-t r1 ~ ot the smD.ky Mounteine neal: a :.ur:r ot root• runn111e thQnce· south 45 . Eas.t · 1894 chains or·gstdng ~vena and 09o-. Ltl$~y C~e:Q to Cetthoarta coX"~t~ it the hea4 ' ot JopatbaQ '~reek . -or. Pig&On . R1 "Ol3r-t theM-e dt;)Wll 1ona1h,arua c~~ - "~ann\l& .. ·t)ourstttJ tnel'eot to Eis Pigeon Rivert thenoe fklm t® ~OU$ oo~ee>a or se.id rt"e» to the .Territorial nlr Tennessee . stat~ line J thtUJ.04ll . BlOJ'I.S that l~ne to tht be61tl)'l:~t ~thSl'l ~ell ·lJ:)unds th~ro tlfe three thouaan4 q~ etghi:~; acree . ot lan-d. preViously appropriated to the touow~· :p•J.a.. · .on _•* . b_1~~ 1. o~ lliSh,~"Wer and D. · aVid M11ler1.. 64.8 aqrea: w· J'cmJ• MCDowell, 400 aol;'es; to .tames MODowe 1 ~t;ld 'l'hOli!!Aa HtJnp~ll 1200 •o~s. and to William Deaver MO $C.reat • · S!mt B .r.l.l ..0. , ~ cd ~ Page_ NORTH CARPLINA PARK COMMISSION i i 1 ABSTRACT OF DEED OR GRANT - ----~-- --· In Preamble As Signed As Acknowledged f Oath o.s to handwriting ~----------------+-------- !51 John Strother L--------------L--------------~------------ . . Sheriff's I:!Elo4 1. Kmd of Conveyance ...... -- -··· --· -·····---· ··-·-·---------·- -··---- --·-· 3. Is it properly executed .... -- -··-- -- ------ --- ··--- -·-- ·--· ---- 5. Before what Officer acknowledged.... .9.~-f\)~(;:-~-- 7. If irregular, copy in full on ~~~23 ·· · · ·· - 9. Date of acknowledgment - -- .. -- - - 11. Did officer affix SeaL. ....... .... ... -- --- ---·· -----·· -·-·--···------ ··· -- 13. Does con_veyance co~n convenants- (a) of se!Zlll --- -··· -----···-·······r-J'o· ----·---·· ·- ·-·--··-· ·--··· (b) po,ver to convey ..... ... ...... ........ ,~---- ------------- ---- --·· ·---· ·· (c) against encumbrances ... ---··-----~gnn. o;;:m·ow);t (d) against chims of all others _______ _____ _______ __ __. __ ____ __ ____ ___ _ 2. Date of Conveyance . .. 2 ... 29.~98 ... -- -···--·-···-···-···--····· 4. Date of Entry and No .......................... . .......................... . 6. Acknowledgments, regular ____ __ ____ 1:{0 ......... ----- -------------- 8. Did all grantors acknowledge .... JlO .... __ ________ _ 10. Was privy examination of wife taken .. ..... ... .. 12. Was order of probate correcL ..... TeS ......................... . 14. Date of filing for r ecord .... _ .. .... ~ ... 9~_23 .............. .. 15. Book _______ .. __ 62. _ -----·--·---· Page ...... a39 ___ . _ for . ____ ___ . ... . _ . _ ft.Q.ywQQc\ . ... ____ County. 16. Does deed contain any special lim itations, provisions or restrictions ...... ..... .. ············ ····· ······· ·· ··· ·· -- -- -······· ·· ··· ·-- -- ···· ···· ··· . . .. ... ... ....... ... .... ...... . 17. Hab9ldUlf! clause ~Quote fully) .. :··--'l»-..J :l~.:l4. .. ~--..l :ll.m, ____:f;l )Q ___ ~14 ... J'olm S.trother. .... his ....... .. eJ. ;r s _en _a ss__j . g.tl.fl._, ____f ()_ ~_-Y__' f J.f. ~- -~~- Ju__l l ___~ d_ __ ae. ..o.mp.le ...a .. ma_nn.e_r . ... aa. ..... .. -- - ------- ,... .ne ·---s- - -a--- ~·a· -C~!h 8____l"_1 t_-t --- --1-- - -s-- -~-·l lP. o...'.l. :f.t.l r.e.. 4 b_T ...v _i_r__t_u___e__ __o___f__ _h_ i,s_ _ o· ~..r 1 .oe .. J>.~.4.> . .. S"u'· er1 ~.'u•. . ____ :·:_-::~~i:)~:sa~~-:--~:o.:·:-~:~ ___ _ __ .. ______ ... ......... ___ __ ______.. __ ______________ .. ___________________________________ _ Exact Description of Property Tllat v.nerea.s the t:axea tor tbe l'Gal" l 796 became due on 496.640 . aorea .of land. patented by- 3:ohn Gray- Blount, and 250. !240 acres patented by- David AlllsonL both parcels of said land ,- 1ne and being tn the CQUnty or .BUDoombe1 aforesaid• and t he _. said tax was not Pt;tld thereron t he .snt.<l JW!'Ds nu~.,hey. Sheritt, as ato~osald, d1d advertise tho same ln. the Korth Carolina J'ournal all4 at sewral publto plao&S. to be eold at t he Oourt• house of Buncombe Coun'ty,. 19th cloy .Qf Septembe~t 1'1'19, to t he htsnes-t. b144er to be QOnt1nue.4 trom day to . . eta-, until -r;he wllole should be· sold o:r so much thereof as would JiQtisty t he taxes the~on apr-ooa!lo to ,.an act ot the ~nel'al Assembly in that case . made ond pl'Ov14e4-l• and tho said John Strother at the place aroreaa1di and c:tn tl1£) _. 9th day of sep.temba;t>, as aforesaid• a.t .ter too said · and 1tae expoSQd to public sale in mnne:r atoresidd became the lest $nd highut b1d4«r t'or the aforesaid q l&ntitles ot lan¢ at the 8Utll or ,Qne-f!Un.4red and rttteen pounds and .ru.·­teen ahilllnga m ~h lands are ai t ue tod Sn the county of Bun· combe~:.. .• state ·a··t().. re ea1d1 and.. is knom by t}l.e f.ol.l owtns traots: . ~lllat pari granted to. John Gr87 BlC.I,-~~ttrz: Qne Grant tor 320.640 s.orea!· . &11t:l -'ono other Grent for ~.,;c • .6:;;.t_ooo aorea both paten-ted tD , tne sa d Jqhi c;rey .w.oun-t . the 29 . ·-:a.a;y ot . November, 179G amounting t~ 494!040 as aforesaid; and also 250.240 ocres paten­ted to Dav14 All son 29th day of aov$ber, l"i9G, all three ot wx ioh several tl'&Cts tU"e Si tun tea 1n the County of Buncombe, as aforesaid • a d€Jscr1pt1on of whloh several treats wtll more fully e.ppeu by referenoe be1ng had to the sooretaryta off1oe of the State aforesaid• Slur! B 10 Page ................................. .... .... . NORTH CAROLINA PARK COMMISSION ABSTRACT OF WILL 1. A verbatin copy of that part of the will affecting the l ands abstracted is required. 2. Set forth in detail all items of the will bequeathing money legacies, or placing any spe cific charge upon the land, .and following a bstract of the will, give all proof contained in the record of the payment of such legacies, and the satis­faction or removal of such charges . . 3. A detailed outline of all petitions, orders and decrees relating to the estate from the time of probate of will and qualification of executor until final discharge, must be shown. 4. Such excerpts from the probate proceedings must be shown on this and immediately following pages, and in chronologjcal order. 5. Always show whether or not t estator left a widow, and show that her dower right has been barred by acceptance of a devise in lieu of dower, by participation in a division of the estate or in some other manner. 1. Date of wi}L .. Nove.mbe;r ... -22 .•..... 1806---····························· 2. Book .......... Ha:y.woo.d ......... -2................. Page .... 84 .................. . 3. Date probated ......... May ... lO., .... l883 ..................................... . 4. Common or solemn form ....... C.ommon ........................................ . Testator 5. Witnesses . .rames ... Hawkins- --~----Jc;>hn-- -Drak-e ......... · .John Strothers 6. Is a ttesta tion clause correct? ............. .............................................. . 7. Probated before ........ .J:udge ... 'P.ro.bate ... .C.our.t ........... . to 8. Letters issued ..................................................................................... . 9. To whom ............................................................................................... . .John Gray B;tount, sr. 10. Book ........................................................ Page ............................... .... . 11. Final settlement ............... .................................................................. . Devisees'~ 12. Book ..................................... .............. ..... Page .................. ................. . 13. Inheritance taxes paid ....................................................................... . 14. Any conditions or reservations in will? ........... .............................. . 15. Has will been contested? ................................................................... . 16. Has will been construed by court? ................................................. . The only portion of this will which affects t he land under investigation,is as follows: tti give and bequeath to my beloved friend, .Tohn GI'fi!J.' Blount, Sr., of' t he town of Wa s hington, and state of North Caro-lina, and his heirs and assigns forever, tre folloWing real estate, that is to say, all .t he lands 'Which I own or hold claim .~o by virtue or a Sheriff's deed, situate, lying and being in the county of. Buncombe, aforesaid, ol'l Big Pigion River and 1 ts Wf!ters, also all t he lands I hold or lay claim to by virtue or a Sheriff's deed, situated, ly­ing and being i h s aid county of Buncombe in tbe vicinity of Ashe­ville; also on Big .Toy River and i _ts waters on Big Laurel River and its wa terl!l; al so on French Broad River and all its waters; aleo all the lands I ~ttl-d or lay claim to in said county of Buncombe on Caney River and its wa.ters" "And la:stly as to all the rest residue and remainder of my per ­sonal or real estate or what kindsoever, I give and bequeath the same to 1llY said brothers, George Strothers and JfPites Locl,dlart, whom I hereby together w1. th .Tohn Gray Blount, Sr., appoint my executors of this my last will and testament, hereby revoking all other wills by me made" All cases and authorities relied upon to cure any defect in this instrument or proceedings thereon or to support any proposition of law must be cited, and short excerpts made therefrom. Shut D ,~ __ ,/ Page ...................... ..... J.l. ....... NORTH CAROLINA PARK COMMISSION ABSTRACT OF WILL 1. A verbatin copy of that part of the will affecting the lands abstracted is required. 2. Set forth in detail all items of the will bequeathing money legacies, or placing any specific charge upon the land, and following abstract of the will, give all proof contained in the record of the payment of such legacies, and the satis­faction 9r removal of such charges. 3. A detailed outline of all petitions, orders and decrees relating to the estate from the time of probate of will and qualification of executor until final discharge, must be shown. 4. Such excerpts from the probate proceedings must be shown on this and immediately following pages, and in chronological order. 5. Always show whether or not testator left a widow, and show that her dower right has been barred by acceptance of a devise in lieu of dower, by participation in a division of the estate or in some other manner. 1. Date of wiii. ...... Mar.C.h .. 25, .... 1823 ...................................... .. 2.. Book .................. Tiay.woo.d ... 2 .. :............ Page ......... 40.0 ......... .. 3. Date probated ....... ,A.pri.l.---22., .... ].008 ............................... .. 4. Common or solemn form ......... c ammon····--··--····--··--------·------······· Testator 5. Witnesses ... T.homas ... A. . ... .Demill~.T.ames ... .Elli.s.on John Ora¥ Blount 6. Is attestation clause correct? ................ ........................................... . 7. Probated before ······-Glerk--.Superie-r····G&U:!'t·······--·· to 8. Letters issued ...... ..................................................................... :. ........ . 9. To whom ..... fuom.s ... IJ .•.... Blount""' VJJII4·A·~r·Blou:nt· 10. Book ............... ........................ ................. Page .................................. .. 11. Final settlement ................................................................................. . Thomas H. Blount • .rohn G. Blount and Wtit., A. Blount Devisees. 12. Book ................................ ........................ Page ................................... . 13. Inheritance taxes paid ........ ........... ....... ............................................ .. 14. Any conditions or reservations in will? ......................................... . 15. Has will been contested? ................................................................... . 16. Has will been construed by court? ............................................... -- Only part of will wh1ch affects l and under ilfve st~ga­tion, is as follows: "In the first place I wish all my j ust debts to be paid as soon as possible~ and to enable my executors to do so. t hey are hereby authorized and required to sell any part ot. my estate, ei ther real or personal. t hat t hey may think proper and in any manner t hey my dee4. most to t he interest ~it' my estate" "Lastly, I hereby CO ';stitute, make and appoint my three sons, Thomas E .. Blount, JOhn G. Blount and William A. Blount my only executors to this my last will and testament". All cases and authorities relied upon to cure any defect in this instrument or proceedings thereon or to support any proposition of law must be cited, and short excerpts made therefrom. Sheet D Page ....................... 12 .... . NORTH CAROLINA PARK COMMISSION ABSTRACT OF DEED OR GRANT In Preamble As Signed As Acknowledged ~$ Ch Bl.O'Ull'i ThQllri.s G• Blount w~).lj.aua A-,. l)lou.ll~ William A-. .Blount x.~utfn'a· ot · Exeout ora of :Oha G; Blolmt lehJ1 o. Bla\8\1 ~~~l----------------~----~~--~----~----------------­~ ~Obert Love .t(illllea R. Love 1. Kind of Conveyance ... ........ ..... De.ed ............................. . 2. Date of Conveyance . . 12--.2.~34 ............................. . 4. Date of Entry and No ..... ...... .............. ............................... . 6. Acknowledgments, regular ....... Yea ............................. . 3. Is it properly executed ....... ... .. ......... ............. ............ .. ...... . 5. Before what Officer acknowledged ... O .• .S. C ..... . 7. If irregular, copy in full on back. ......... .... ...... ....... ... .... . 8. Did all grantors acknowledge ...... .. :::',-'\i:;:~ . ..................... . D. Date of acknowledgment .. ..... ~0"!.2..,39 ..... .......... . 10. Was privy examination of wife taken .. : ........................ . 11. Did officer affix SeaL ................ ....... ..... ..... ... ............ ...... . 12. Was order of probate correct.. ......... Ye& ...................... . 13. Does conveyance contain convenants- 14. Date of filing for record ....... ..................... _. ................. ..... . 15. Book ..... .. .... D ...... ... .. .......... Page ... ~01 .......... . for ........ . .... Haywood .. .. .. ... . ........ County. 16. Does deed contain any speciq!Jimitations, provisions (a) of seizin ...................... ...... NO' ................... .. . (b) power to convey ........ ...... NQ (c) against encumbrances .. ........ ... ........ N~'t ....... . (d) against chims of all others .... ..... Yes ..................... . or restrictions ................ . 17. Habendum clause (Quote fully) .'!'O. .haV.&. 6\l'Ul t .o .hold .. the .. a.bQVe. --desor-ibed---pl'-t•L ..... . ......... ae.s .. unto ... the ... $11d .. Robe.rt . Lov.~ - - - a~d .. J' • ... R • .. r.ove.and---the1r-'--he1r•--.aJl4 ...... . ........ ass.igns ... f.oreve-r.................................................. . ................. · ...................................................... ·~~---············ Exact Description of Property Whe·reas John G. Blount by will duly exeou~ed and now or pro't>ate in the Count¥ of' aurora and state ot North caroltne. · d:id autho,...ize Thom$.$ R. Bl~unt and Wll11e.m A, :Blotll'l.t thG executors, .lerein :aame,d to se;U and oonve7 any part or portt~ns -:or·~ 'the ~ lands or the said J'ohn G.. Blotnit tor t he purposes . therein mentioned. Now this Udent~e -.de t his lOth day of Deoember• 1834-t between 'l'holllas G._ Blolll'tt end William A. Blount" exeoutcw• ot J"ohn Ch Blount and Robert Love end .Tamas R. Love ot the other part ha.ve oold oerta'in parcels or land situate lying ttn~Q. be11JB in tlie County of Buncombe-. Haywo()d and Yancey '(-~the State or I>io;rth Carolina. being all the 18J1cla held by !the se,ld J'ohn a. Blount at his death or stnoe then by ld;s. reP'?esentativea in said counties genexoally known aa the Bunoam~ lands and tor whioh said Robert Love has heretofore aoted as agent• 8/mt. B State of North Carolina, ) Buncombe County. ) BILL OF C01~LAINT IN EQUITY. To the Honorable, the Judge of t he Court of Equity for Buncombe County in the State of liorth Carolina: 1 3 -l..l'. . The bill of complaint of James Gudger and wife, Anna, Robert Henry and wife, Dorcas, Hugh Johnston and wi fe, Louise, John D. Patton of Bun­combe County, James A. Wilder and wife, Winnie, of South Carolina, Garnem c. McBee and wife, Sarah, Robert Love, Robert s. Dulaney, Robert c. Love, William Love and J ..ahn Love, Stephen Love, Thomas G. Moore and wife, Eliza-beth, and and wife, Ellen, all of the State of Tennessee, and William Welch and wife, Mary Ann, of Haywood County in North Carolina: Complainants against James R. Love, of Haywood, John B. Love, of Jackson, and Dillard Love, of Macon County of North Carolina, defe11dants. Your orators and oratrixes hun1bly complaining showeth unto Your Honor, that on the 25th day of May, 1816, one John G. Blount o:f the town of Washington , in the State of I1orth Carolina, ·was s eized and possessed of several large bodi es of land situate and being thell in the Counties of Haywood and Bw1combe, now in the Counti es of Haywood, Henders on , Buncomb ~, Madison and Yancey, known as the "Blount Speculation Lands," and that en the 25th day of :May, the said John G. Blount appointed the la te Robert Love, of Haywood C OlL"'lty, his general agent to s ell and convey any or all said lands, to receive payment therefor w1d for all lands that had been pr eviously sold by other agents, a copy of said Power of Attorney from the said Blount to the said Love is marked 11A" and prayed to be taken as a :part of this bill, and that the said. Robert Love aco upted the said agency and sold some of said land, taking bonds of the purchaser s to secure the purchase money and giving bonds in t he name of said Bloun t for t he title on the payment of t he same, ru1d some for cash or property and conveying t he same by deed. That t he said John G. Blount departed this life in the year 1811, having made a will which has been duly proven and r eoo rded in the Count .Y of Beaufort, in which the said John G. Blount appointed Thomas H. Blount and William A. Blount the executors thereof, and in which said will the said eaeoutora are authorized and empowered to sell and convey all the said lands. That in pursuance of the said power and authority t he said Thomas H. Blount and William A. Blount on the 18th of november, 1833, secured said Robert Love, of Haywood County, by the said John G. Blount and on that day t he said Thomas H. Blount and William A. Blount constituted the said Robert Love by a written power of attorney under seal their agent and attorney in fact t o ask, demand and receive in their names all mon~es due t hem as executors of John G. Blount, to compromise and settle all suits and to sell and convey all the said lands, a copy of which said power of attor ney is hereto appended, marked "B", and prayed to be taken as a part of t his bill. That the said Rober t Lov efre• oei ved and collected debts and sold and conveyed soma portion of said 1a nds Ullder t his power. That on the lOth day of December, 1834, the said Robert Love (by his agent and attor ney, t he def endant, b.X James R. Love) pur­chased all the said lands from the said Thomas H. Blount and Will iam A. Blount for t he sum of three thousand dollars. That on the lOth day of December, 1834, the said Thomas H. BloWlt and William .A. BloWlt, by virtue of t he power and authority given them as executors of John G. Blount in the will of s aid John G. Blount, for and in consideration of three t l'tou­sand dollars to them in hand paid by Robe r t Love, bargai ned, sold and 14 oonvoye4 'o the said Robert Love, his heirs wtd aes 1gno forever, all the said land situate and being in the t hree oow1ties of Bw1combe, . Haywood and Yancey, being all the lands held by the said John o. ·Blount at hie death in the said counties. generally known as the "Dmtcombe Lands." That although the said conveyance acknowledges the reoo1pt oi' all the purchase money, yet in truth one thousand and sovonty•uix dollars and twenty·fi ve cents thereof was not thon paid, but wae scour ed to b o paid by the promise o:t the s aid flobqrt Love to pay betwoen the lOtll and lBth of December thereaf ter in horaes in the City ot Haleit.;h, which will fully ap:pear by re.terenoe to the written contract between t ho said Thomas H. Blount a.nd YH111am A . Blo\Ult and. Robert Love b.'f h i s agent, James R. Love, a copy of which is appended as an e:xh1bit and marked. "D" and prayed to be teJ:en as a part of this bill. Your orators and oratrixoo further showeth to Your Honor t hat the said Robert Love in the year 1833 received a very serious inJury from a horae that made h lrn e. cripple for the remainder of hie lifo and ren­dt1rad him thereafter unable to travel and attaud to bueineoa. That the ea1d Hobart Love • in consaque ~ .ce t h ereof, o.n the 8th day of December, 1633, entered into a wr l t ten agreem~ nt with the defendant, James R. Love, in which is recited t he fact that t ho said Robert Love had acted ae agent for t he said J ohn G. Blount in managine and selling hie speculation lands west of t he Blue lUdee and that n. lout; list of settlements were to be made with tho heirs of John G. Blouut, r elative to said &€)oncy, at1d that tho said Robert Love agreed to surrender to the said James R. Love all t ho notea, duos, contracts and bonds arising ft•om the Balas of said lands, to make settlement with t ho hoh ·s of Blount, and givinf= him the said Je.man H. Love , an equal aha.re with the caid Hobert in all t no not es, dues, debt s and contracts left after making said aet­tlemaut, as will more i'ully appear by reference to the written agreement, a copy of which is amlexod as an exhibit mtU•ked "D11 and prayed to be taken as a part of t his bill. Your orators and oratr1xes further s howeth unto your Honor that 1n purau&llOO of the ea1d written asreement that the said Robert Love did surrender to t he said James R. Love,one of the defendants, all tho said notes, dues, contracts and bonds, and that the said James n. Love dld make the settlement of all the matters growing out of t he aeenoy ot the said Robert Love in the sale of s aid lands with tho said Thomas H. and William A. BloWJ.t, exeout or a of John G. Dlou.at, and that tho said Robert Love on the said lOth day 9f December, 1834, did tully a u.tho ;•ize and empower t he said Jat!les R. J.iove to maku the purcha se of the oa1d lan.: s for him• the said Robert, from t he said Thomas H. and William A. Blouf.t and did. ful l y au:thori ze t he said James n. Love t o accept of a.rH1 reoei ve in his nama the said conveyance made by the sa 14 Blounts 011 the said 1<* h day of December. 18341 and that the r:ame was duly s1gllad., a<:Jaled and de­livered by the said Thomas H. Blount and William A. Blount, aa executors o:f John G. BloWlt, to t ho said Hobert Love by his age.ut and attot·ney 111 faot, James .R. Love, on tha day last o.f orosa1d for the purpose thero1n expressed and that foom and after t h.c said lOth day ot Decambo~. 183'• the said Robert !.ova was seized and por.:sessed of a11 · the said lands to the day of hie death, excepting such p ar~ thereof as h~ ha.d sold as here- 1na!'ter mentioned.. That on the 2nd of :March, 1835. the s aid Robert Love issue<t w:titten notices which he oaus.1d to be published to t he purchasers of tho John G. Blount lands 1nform1ne them that he had become the pur­chaser of those lar~ds not sold a11d wac the proper p13rson to oonve1, one 15 of which is herewith filed in the said Robert Love's proper handwriting and prayed to be taken as a part of this bill, marked uE". Your orators and oratrixes further showeth unto Your Honor that the defendant, .Tames R. Love, has kept the possession of the said deed ot conveyance made · O~ the lOth day of December, 1834, from the said Blount to the said Robert Love from the time it was executed up to the 15th of December, 1835, when he secretly and ff'raudulently and without the know­ledge or consent of the s aid Robert. Love placed the said deed in the hands of one Samuel Smallwood, who at that time resided in the same oounty with the said Thomas II. and William A. Blount, with instruction to Small• wood to surrender that deed to t he said Thomas H. and William A. Blount and to get them to execute another conveyance in all r <:l spects like this one except that t he said James R. Love's name should be inserted as one of the purchasers and the deed to be made Jointly to the said Hobert and .Tames R. Love. That the said Smallwood presented t he said deed to the said Bloui1ts and requested them to take it back and make another in the manner mentioned, but the said Blo\Ults refused to comply and to make any alteration in the original conveyance, alleging that the trade was made with Robert Love and the consideration was paid by him, and the deed was made in pursuance with the contract. That the said Smallwood kept t he said deed in his possession from the year 1835 frequently r equesting the said Blounts to make the change , who always r efused for the reason be­fore stated, until September, 1839, whert..the dei'endant, James R. Love, in further pursuance of his origi nal frsp.ulent design to cheat and de­fraud the said Robert Love out of the one half of said lands, employed one Robert M. Henry, a citizen of t he Cow1ty of Haywood, to go to the County of Beaufort and get a conveyance from the said Blounts for said lands to himself, .Tames R. Love, and Robert Love Jointly. That for the purpose of effecting this fraud, he, the said James R. Love, gave to the said Hobert M. Henry a letter from himself to -the said Smallwood direct­ing him to surrender the said deed to Henry, and he likewise furnished the said Henry with a false and .forged letter purporting to be from the said Robert Love to the said Thomas H. and William A. Blount, requesting them to make the alteration in said conveyance requested by the defendant, .Tames R. Love, and to make a Joint deed to himself and the defendant, James R. Love; that t he s aid ~onry on .pr esenting t hi s .. f alse and :forged letter from Robert Love and tho original deed induoed the said Thomas H. Blount and William A. Bloru1t to take up said deed and they did then exe­cute a conveyance :f'or all said lands to Robert Love and James R. Love Jointly, which bears da~e on the said lOth day of December, 1634, and is wi tne seed by the said Henry and one VI . B. Rodman, a copy . thereof is here­to appended, marked '1F" and prayed to be taken as a part of this bill. . . . Your · orators · and oratl'ixes charge ·. expressly that t he contract and purchase of said lands was made by the s r. 1d Rob'ert · ~ove, that he paid the whole of the purchase money and received a deed of conveyance from the said Blounts :f'or the same. That said daed was surrendered to the said Blounts without his knowledge or consent ·and .the new deed to himself and the defendant, James n. Love, in place t hereof was rnade witho~t his know­ledge or consent and was never accepted by him. That if the said Henry delivered to the said Blounts a letter purporting to be from Robert Love requesting t he exchanges of deeds as here in charged, 1 t was a forgery and was done without his knowledge. That said original conveyance was made on the lOth day of December, 1834, and was to Hobert Love alone and that the said deed to Robert and James R. Love, marked as exhibit "F", althou.gh it bears date and purports to have been executed and delivered on the said lOth day of December, 1634, it was in fact and in truth written, signed, s ealed and delivered in the month of Sept ember, 1839, and was thus anti• dated for the fraudulent purpose of reaching back and including the many sales of said lands taat had been made between the said lOth of December, 1834 and September 1839. .. . · .. /' That as an evidence of said fraud the said James R. Love after the lOth day of December, 1834, and. before the month of September, 1839, had accepted of the appointment of agent to sell said lands from the 16 said. Robert Love and had been acting as agent for several years, selling and conveying said lands as agent of Robert Love and collecting and re­ceiving payment therefor in the same character. Your orator and oratrixes further s howeth that the said Hobert Love de parted t his life ill the month of July 1845~ having made a will on the 13th day of May, 1842, which has been duly proven in solemn form and reoorded in the Court of Pleas and Quarter Session of Haywood. That the said Robert Love died seized and possessed of all the aforesaid lands in said County oG Haywood, Henderson, Buncombe, Madison and Yancey, excepting a number of small tracts whioh had been sold and conveyed before his death that are within the original b o·Wldar 1 e s. That the said Robert Love did not dispose of said lands in his will but died intestate as to them, and they have descended by law to his children and their legal representatives as his heirs at law and as tenants in ~ommon, to-wit: Annie Gudger, Dorcas Henry, Mary Ann Welch, Vii.unie s. Millen, Sarah McBee, complainants, and James R. Love, John B. Love and Dillard Love 1 de:t'endan ts, his children. him surviving. Thomas D. Love of' Tennessee a son of the said Robert, diei before his father 1 leaving complainants Robert Love and Robert L. Dulaney, his heirs at law and legal representatives; Samuel Love, another son of the said Hobert Love, died in the lifetime of his father, leaving complainants, Robert c. Love and Louise Johnson, heirs at law and legal representatives; William c. Love,a son of Robert Love died before the said Robert, leaving com­plainants Hobert Lo ve, William Love, John Love and St ephen Lo ve, Elizabeth Moore and Ellen , his heirs at law and l egal representatives, (the yow1 gest so:n, Stephen, a minor and sues by hio next fri end and brother, Robert Love); Rebeooa Patton, a deaughter of said Robert Love, died before the said Hobert, leaving the complaina nt, John D. Patton,. her only child and heir at law; that each of said children ru1d the re­presentatives of each as have died prior to the death of s aid Robert Lave have an equal share per _ ___ ? in said lands and. of t he proceeds of such sales t hat have been made in the life of Robert Love and not con­veyed before his death. Your orators and. oratrixes further showeth w1to Your Honor that the said Robert Love from the time he was inJured in the year 1833 waa incapable of getting about and attending to any business t hat required active labor, and his general health declined and his mental faculties s oon became impaired. That in the year 1842 his mind gave way almost entirely and he became incapable of doing any kind of business. That the defendant, James R. Love, soon t hereafter acquired a con­trolling influence over the said Robert, and took charge of the most ot his important business; t hat the said James R. Love shortly after the said Robert became the purchaser of s aid lands, received. !rom him a power of attorney to act for him generally in all things connected with said lands. He was authorized. to sell for cash property or upon credit, to collect and receive all money due for all lands sold during the agenoy of the said Robert Love and prior to his said purchase, and "to sell, colleot and convey witb,Unlimitecl power. That the said James R. Love has gone on and sold under this authority some thirty-five or forty t housand dollars worth of lands or mo r e, taking in payment therefor money, horses, cattle, mules, notes on other men than the purchasers and all kinds of trade which he has received !rom time to time and converted to his own use. He has likewise conveyed a very great number of small tracts to purchasers in the name of the said Robert and in fact has had sale exclusive and entire management of t he same for many years before the death of said Robert Love, and as your orators and oratrixes have been informed and believe, has left no regular account of sale or of bonds taken, money and property received, or in any manner left his accounts so that he can be rendered account­able for the one tenth part of that for which he is Justly indebted to the estate. That he has traded off many of the bonds given for said lands to other persons who have received and collected the amounts due thereon. That your orators and oratrixes have been inf ormed t hat the said James R. Love professes to have the receipt of the said Robert Love dated in the year 1842 (after the said Robert, from mental imbeoili ty, had become wholly incapable of transacting any bus iness) in full for all sums of money and property that had been received by t he said James in payment for lands up to that time. Your orators and oratrixes charge expressly that at the date of said receipt that the said Robert was incapable of making a settlement with him and t hat the said James did not render any account or statement of the business or pay to the said Robert the amount due or any amount and that if he has the receipt and acquitance of the said Robert it has been procured by an undue and f raudulent influence over him and it has been given without any account of said agency being r endered. That the said James R. Love without any authority from t he heirs of the said Robert Love s ince the death of t he s a id Hobert has continued to sell, colleot and convey said lands as though his power and authority had not been revoked by the deaJlt of t he said Robert, and has kept no account of such sales, collections or conveyances made either before or since the death of t he said Robert, and (as your orators and oratrixes have been informed and believe) is entirely i gnorant of what quantity and what part of said land have been sold by him and his su@-agents and what part remains unsold. That the origi nal proposition for a compromise ae is contained in exhibit "G" is in t he hands of James R. Love and aho· .. tld be filed with his answer in this oourt. Your or ators a.ad oratri.xes have been i nformed t hat t he s aid James R. Love assumes t o claim t h e one half of all s aid l ands under the false and fraudulent deed t hat he obtained from the said Thomas H. Blount and William A. Blo~nt in the month of Se pt ember, 1839, bearing date on the lOth day of December·, 1834, as he r einbefore charg ed~ and insists that he is not liable to account for the oneha.lf of the proceeds of s ales made sinoe t he said lOth day of December, 1834 , and that as surviving Joint owner of t he other half has t he right and power to sell, recei ve, pay and convey the whole interest. Your orators and oratrixes Charge that 17 he has sold many tracts of land since t he death of said Robert Love for cash and upon credit, and has given bonds for· title and t hat he has re­ceived various large sums from different i ndividuals upon bond given in the l ifetime of t he said Robert for l ands to wit: From Samuel Bird, one hundred dollars, John Griff! th one hm1dred dollars , VI . ~ . Peak two hm1dred and fifty dollars, John Ramsey one hundred and t hirt y- nine doll ars, Henry Ray two hundred dollars, Samuel Smith two hundred dollars, amounting to seven hundred eighty-nine dollars (4789.00) in the mont h of September, 1848, since the death of Robert, and that he has received many thoueands of dollars from other i .ndi viduals both before and since the death of the said Robert Love in payment for the sales of s&id l and, which he has n~ account tor to the said Robert or his heirs at law. L fl,' Your orators and oratrixes further showeth to Your Honor that one Allison many years since obtained a grant from the Stat e of North Carolina for a large tract of land in Bwu:ombe County which includes a part of the land claimed by the said John G. Blount an(l which was conveyed by his executors Thomas H. and William A. Blount to the said Robert Love, which said tract covered by the Allison grant is supposed to have esohea.ted to the University of North Carolina; that the defend­ant, James H. Love, acting for himself and the other heirs of said Robert Love has entered into an agreement with the Trustees of the University to compromise the conflicting claims to that part of s aid lands which are covered by both grants by which the Trustees are to relinquish and convey all the lands included in the said Allison grant which are situate and being in HaJwood County, and. to confirm all the sales that have been made in said county by the said Robert Love and his agents and the heirs of the said Robert Love are to convey and relinquish to the trustees of the University all the lands situated east of the Haywood line in the counties of Henderson, Buncombe and .Madison which are included in the Allison grant as will more fully appear by reference to the written agreement herewith filed, marked 11G11 , which is prayed to be taken as a part of this bill. Your orators and oratrixea deem it to the interest of all parties that said conflicting claims should be compromised and do submit to the conformation and satisfaction of said agreement so far as their respective interests are involved. Your orators and oratrixes further ehoweth unto your Honor that the said lands are :principally wild mountain lands 1n a stat e o:f' nature and much of them are unfit for cultivation. That a great number of small tracts ha ·.,e been sold and conveyed to different indiv i duals who have made their location on the best lands and have r endered it impos­sible to get any considerable quantity of the tilable l ands in any one body. That it would be very diff*cult to partition the same among the great number of the present owners' without gr ~ atly impairing the value of the whole and many of your orators and oratrixes are non-residents of this state and have no use for t heir r espective shares in said lend further than to make sale of t hem, which could not be done separately . eo advantageously as Jointly. That the interest of all would be greatly promoted by a division of all said lands into some five lots an<l a sale ma~e of each lot separately. Your orators and oratrixee pray Your Honor that this court declare t hat all ·the s aid lands have descen,a~d from the intestate Robert Love to your orators and oratrixes and to tne defendants James n. Love, Dillard Love and John B. Love as tenants in common, and may 1 t please Your Honor to order and decree a sale thereof in five lot& for the purpose of part1• tion upon such terms as may be deemed right and proper by Your Honor Bl d that it shall be a part of the t erms of such sale that the purchaser of each lot shall confirm and ratify all sales of land that were made in tne life of the said -.Robert Love, by h imself or his agents, within the bounds of his said purchase and that said purchaser shall convey the same in all oases when the original purchase money has been paid and bonds havo been given for title on the payment thereof to the original purchaser. Your orators and oratrixes showeth further that the title of the said James R. Love to the one half of the said land is founded in trau4 as hereinbefore charged, and that the said James R. Love in fact and in truth has no greater interest in said lands than that acquired by descent as one of the heirs at law of Robert Love; that in equity he is but a naked trustee of the one half of said lands for the benefit of himself and the other heirs at law of the said Hobert and subJect to account to .. 18 19 them for all monies and profits t hat have accrued to him by reasql) of said ~raudulent conveyance, and may it pleaf3e your Honor so to declare and to decree that the said James R. Love Join in the shle of said land& as hereinafter prayed for and t hat he account generally with hie tenants in common in said land tor all sums of money that he has received in payment for any parts of said lands, for all the property he has thua received, and that he be required to file in t his court all the bonds he has for money or property taken to secure t he payment of the purchase money of any portion of t he same heretofore sold, that said accow-.1.t em­brace all the sums of money that the said James R. Love has received tor lands sold by Robert Love or by himself or at t heir subJects both before and since t he death of t he said Hobert Love, and t hat t he said James R. Love be required to file in t his off ice the original grants ancL all the nesne conveyances for s aid l ands wihh a copy of the will of John G. Blount and all other conveyances under which t he said Robert Love olaimd title to said lands, and when filed, are prayed t ,J be t aken as a part ot this bill, t hat the said James R. Love has all the s aid titles in hie possession. And may it please Your Honor upon the collection of the purchase money and upon the accounts of the said James R. Love beine taken and the amount thereof being paid f.nto t he court to order, adjudge and de­cree t hat the aggregate amount'' be divided into twelve shares and that one share thereof be paid one to each vf your or ato 1'S and oratrixes, .. James Gudger and wife • Amla 1 Robert Henry and wife , Dorcas , Vlilliam Welch a nd wife 1 Mary Ann-;--7ames A • .Mill er and wife, Winnie 1 Garner C. McBee and wife, SarBli -:B., and to the defendants Ja.mes--n-;- Love, John B. Love and Dillard Love, and t hat one share to tnecomplainante-Robert L~nd R~~_:3Y as the legal repr esentatives of !homa.s lJ." Love , anotner share to R~be~~ _ c_..__L_Q_'{_~ _ f!!•~~- J~h.Jl sto~_~d wi_!.e, L~iBe, as the legal repre sentati vee of Samuel Lo ve, ana: Tikewise o·mr-- snare to Robert Love. William Love , John Love, St ephen Love, Thomas c. Moore and wife, Elizabeth, and and wife , Ellen, a.s the le gal rell" e-eenta. tfVlJs of Rebeoca Patton, and to the end that '. the said defendants may be made parties at to this bill of complaint, may it please Your Honor to order that process issue to the sheriff of Haywood co~runandin6 him to summon:: the de!endant James R. Love , and to the sheriff of Jackeoo commanding him to summon:; the def endant Johu B. Love, and to the sheriff . of Macon commanding him to summons the defendant Dillard Love, each to appear at t he next erm of t he court to be held at the court house in Asheville on the 2nd Monday in March next, and that t hey each answer tht e bi l l or complaint ~ in as full and perfect manner as t hough especially interr ogated as to each averment and t hat defendant James R. Love more especiall y answer who made the contract with the said Thomas H. Blount and William A. Blount, executors of J ohn a. :Blount, for the lands men­tioned in t his bill of complaint, and t hat he se t out that contract in hie answer, what was the consideration , how was it paid and by whom, was not the deed made in the name of Robert Love alone on t he lOth day of December, 1834, and did :not that de ed remain i ll existence until the . . .. mont h of September, 1839. When was the deed. made by t he said Blounts .. ._' ~'~,,--· t·a Robert and James R. Love, a copy of which is filed as exhibit "F", whether exhibits attached marked 11 A", "B", 11 C" and "D" ar0 not correct copies of the original, and whether "J<~" is not in t he handwritinc of Robert Love. That he set out in his answer how much of said l and has been sold and when sold to w1om and by whom sold and the prices of the several tract sold, how paid for and to whom; t hat he answer h uw much and what parte of said land was sold between t he lOth of December, 1834 and the ( "---./ month of September, 1839, and to whom and by whom sold and the prices and the payment. That he answer what lands have 'been sold s 1nce the d0ath of Robert Love, and to whom and at what prices and how paid for. That he set out fully how much mon~y he has received since the lOth ot December, 1834, for sale ot said l&llds, from whom received, when received and likewise what property - b\~as received in the same way a.ud from whom. '~' And that he ~swer especially what_ amount of bonds and notes of hand given for land has he traded and sold, and to whom and upon whom were the said notes and bonds, and particularly What amow~t and ·what notes or bonds did he let Reuben Deane have. That he answer what · amount of notes or bonds tor sale of said lands had he in his poesess1on ·at the death of Robert Love and what amount now and that he set out a list of each note or bond and what has beoome of it. That he file a schedule ot the lands sold and conveyed and of those sold and not conveyed and the names of the individuals who hold bonds for title. And may it please your Honor to grant such other and further relief as the premises require or will Justify as in duty bound will every pray. N. w. Woodfin John VI. Woodfin B. s. Gaither Solicitors :for the Complainants. (SEPARATE AllSWER OF JAMF;s R. LOV.E) June 28th, 1854. To the Honorable the Judge o:t the Court of Equity in and for Buncombe County and State of North Carolina. The separate answer of James R. Love, of the County of Haywood, to the bill of complaint of James Gudger and wife, and William Welch and wife, and others exhibited in this Honorable Court against t his defendant, Dillard Love, of Macon County, and John B. Love , of Jackson County, in the state aforesaid. This defendant, saving and reserving every right of exception to the complainants' said bill of complaint, for answer thereto, sai th: That John Grey Blount, of t 11e Town of Washington . North Carolina , was suppo sed to be the owner in fee simple of the lands men­tioned in complainants' bill at the time atated and he executed to the said Robert Love, deceas ed, a power of attorney as charged , for the purposes in t he same mentioned, a true copy of which is appended to plaintiffs' bill - eXhi bit 11An. The said Robert Love accept ed of said a gency and sold some of said lands for oash, as this def endant supposes, others on a credit, for ~1ieh he took bonds and notee to secure the payment of the purchase money, and gave bonds for title as charged. The said John G. Blount died about t lH) time charged, having first made and published his last will and testament, in which he appointed the persons nwned in said bill his executors with the powers . alleged and the said will has been duly proven and seconded, and the said Thomas A. and William A. Blount duly qualified as executors t hereof, 1n pursuance of said power and authority vested iii t hem, they received on the day alleged the power and authority previously given by t heir testator to the said Robert Love, as will appear by reference to t heir power of at­torney of that date, a true copy of which is appended to and made a part of plaintiff's bill of complaint, marked "B"--under this las t power of attorney the said Robert Love acted, but to what extent t his def endm t does not know and ca.ni,ot therefore particularize. Thi s defendant tu.rther answering says that in order to enable the court to entertain a Just and full comprehension of the facts in relation to the s ubsequent alle gati ons of said bill. he will give a minute history of the whole matter betweeB the said Robert Love and t his defendant about or concerning the land referred to. Some time in the :Fall o:t 18Z3, the said Hobert Love Who was the father of the defendant received a proposition by letter from the afore­said executors of the said John G. Blount proposing to sell to him all of the said lands for t h..: sum of $4,000.00; he then being confined to his chamber by the inJury received as referred to in t he bill, and re­garding himself as physically unable to engaged in such an extensive and laborious speculation, sent for t hi s defendant - communicated to him a knowledge of the proposition made to him and insi sted upon this defend­ant's making this purchase. But defendant at that time being encumbered with some heavy oblieations and not appreciating duly the value of said property dec l ined to do so until the said Robert would agree to join him in the said purchase. He agreed to do so, and as the oommW1ioation had been principally between him and the said Blow1t s and the :proposition having been made . to him indifidually, it was left with h im to return an answer to the offer made him. He did so, offering instead of the $4,000 the sum of $3,000, which was ·accepted and the contract concluded. All the corres­ponden- e was with the said Robert as an individual and so far as the .Messrs . Blount then understood or believed, he was the only purchaser, and therefore the contract about the horses, as evidenced by the eXhibit "C" appended to t he plaintiffs' bill, and the original deed executed on tho lOth day of December, 1834, by the said executors conveying said land to the said Robert, which def-1mda.nt admits was done. ]3ut nevertheless, it was well understood all the t i me between this defendant and t ho s a id Hobert and witnesses in the ne ighborhood t hat it was a Joint purchase for t he equal benefit of both a11d pa.id for equal ly by t he funds of each. Father and .son hav ing full and unbounded confidence in each other's honesty and integrity of purpose, t his con­tract was not reduced to wrdting until the 6th day of February, 183'7, when to avoid all misapprehenson the said Robert Love executed under his hand and seal a paper in the following words: "State of North Caro­lL. a, .Haywood County; Be it known that heretofore James H. Love and myself made a purchase of all the lands owned b;r the heirs of Johu Gray .Blow1t , deceased, i n the counties of Haywood, Bw10ombe and Yancey, and wherea.s t he heirs of said John G. Blount , deceased, did. e:xecu te a deed to me as ll . Love, and whereas it was contemplated that the sa14 Jame ~· R. Love was and i s equall y interes t ed in 'said purchase and t he de ~ d has been r eturned to insert the name of Ja.rnes R. Love. Tn1s is therefore to c ertif y t hat James R. Love was and is equally interested with myself in said purchase . In witness whereof I have hereu.nto set my hand and affixed my · seal t his 6th day of I:'ebruary, 1837. ·:<p:; (SIGNED) Ro Love (SEAL) John ll. l~ elaon. n 22 This defendant further answering says both before and after the execution of the a1'orcsa.1d instrument by the execution of bonds for title, to purchasers, deeds of s aid lands sold, listing t he same for taxes, entries u:9on his diar y s ettl ements made with t h i s def endant in re­lation to t he co-partnership, the acceptance of t he last ment loned deed in our Joint names, providing means to pa.y the expenses of t he said Robert Henry, who waE: sent after i t, wr·itinc:; to the s aid Blourlt. e by the said Henry to cancel the ol d and execute the second deed, a nd by current and pr ot1i s cuous conversation with a variety oi' pe r s ons for a s erie s of year s from t he orig ina l. purcha se to his death, a.nd various other act s , r ecognized and treated t his def'endant as a Joint and equal owner wl t h h i msel f in said lands; all of which dei'eHdant will mSk e duly appear by t he proofs . Be s ides the fo r egoing the s a id Hobert had print ed blank deeds for the conveyance of said lands in our Joint names and this def endant believes used. them h1m ~3 elf in some ins tances, furn i shed this de r endant with a copy ot a bond to be u·sed in our Joined names and re­peatedly received from this def endant no tes and bond.s taken to secure the purchase money for said l ands without obJ ection and took suoh himself and t herefore t his defendant is in law and equity a half' o".mer of said laud by purchase and his due proportion of the other moity by desoent; and all the c harges ancl allegat lone and conJectures and insinuations in t he plaint i ffd bill incons ist ent with the f acts herein averred are false, aud a portion of them, as t hi s defendant believes, the r esult of malioe alone and made t o libel and de grade this def endant and his f amily. The deed under which this defendant claims title to one m.oity of s aid land was in fact as charged execut ~ d in 1839 and a ntida t ed at the request of both parties in order to give effect to their a6re ement as herein stated. · '-...,.../ ~urther answering, this defendant admits t hat the said Robert d14 receive a hurt i .n the summer of 1833 which dis abled him from the usual moade of traveling , ru1d physically incapacitated him for many kinds of business for t he r emainder of his life; but mentally he was at any and 23 all times able up to his death of doing bus iness with accura cy and Judgment--that is, to make contrac ts for t he sale of lands or other prop­erty, draw conveyances, wills or other agreernent B and instrumer1ts, supervise or direct the supervi sion and control of his own business and property and did so in a great degree. It is true the sa id Hobert and this defendant did enter into the agreement charged as shown by t h.e plaintiffs' e:xhibi t "D" - a r1d. i n pu1·sua.nce t hereof t his defcndan t pro­ceeded and made t he settlement t herein contemplated, by Which he be-came entitled to the one half of t he balance of the notes and moni es dp;e for sales of said lands. .After t ho payment of the s ame with which the said Blount was satisfied. But it is not true t hat the said Robert surr endered all the notes, accounts, etc., then due for s a id lands , as i s charged; on the contrary, he retained many of them, t he pr ecise amount of which and on whom are not lruown to this defenda nt; but he believes t hat some of said not es were retained by the said Hobert and they or their proceeds arecontained in others retur1:ted by the plain­tiff William Welch, in his inventory a s administrator p endu at ~ lib. This defendant has not inspected t he origi nal of eXhib i t "B", which 'I"S"made a part of pla i ntiff's bill, but he pr e sumes t hat it i s in t he handwriting of the said Robert and was by h i m published as alleged, and if so, t his deferldant i s unabl e to s ec anyt hing in 1 t inconsi s t ent with the t r-t.;.th of t he t r ansaction as herein s et f or th. Further answering , this def e ;d­ant admits t hat t he said Robert Love did ln the year 1845• having f i rm made a11d published his last will and t estament, wh i ch has been duly proven and r ecor ded in solemn form and a copy o f W:hich this defendant asks l eave to f ile as a part of t h i s answer. Whe t her he died int estate as to these lands and in what p r oportio ~l t hey descended to the par ties all ques ti ons respe ctfully submitted to t his Houort, ble Court. The plaintiff s, the defendants and t he c hildr en, gr andeh i l dr el}Of t he said Robert as charged, and are t herefore hi s heirs at law, but whether the plaintiffs, John Patton, Hugh Johns t ou and wife , Robert C. I.ove of Was hi ngton Cow1ty of Tennes s ee, oan, underthe provisions of said will, share in s aid lands, are questions submitted for determination; and it is turther averred t hat several of the :plaintiff s, as this defendant has been informed and believes, encouraged and a s sist ed secretly and in­directly the oaviators in t heir attemgt to defeat said will i.Ifl/iolenoe · of the expressed provisions of the oame and t hat therefore by the terns thereof they ought to be excluded and t his defendant insists u pon his rights in this r espect. This defendant further answering says that he made many sales of said lands during the period t hat he, by t he oo11s ent of the said John Grey Blount acting as sub-agent or attorney ux~er his f ather and ae the. attorney of his father for their joint benefit and as an attorm y of th ..; said Robert and a tenant in comnon v1i t h him for which he took not es, bonds and a part of which he used for himself, a part in de­fraying exp enses in and about the s ale and protection of said l ands from t r espass and a part he appl i ed for the benefit of his said father and a part he handed over to him to be used and appl i ed by himself, but wh ether t hese s al es amoWlt to much or little or whether t he defenclant is in arrears or not for the same, he is advised t hat t he sales if made even in t he mrumer charged, convert ed t he s ame int o ',' and con-sequently t his defendant is not liable to account to the plaintiff t herafor in t his s uit. For t hi s r eason and inasmuch as another suit is pending against h im in which he will be held to an a.ccowtt in t his Honorable Court for the same as an ez;ecutor of the said Robert Love, to which h.e has fully answer ed all the charges on t his subJect contained. in this bill , he is advised and therdfore declines answering on t hese points here and· again. A full, f air and complet e settlement of these ac counts so far as t hese debts have been collected, used or appropriated by either of the parti es was made on the 27th of M~, 1842 , and the 7th day of r'ebruary, 184;? , as will appear by writt en evidence in the defendant's poas session, which will be produced in after time, and he claims, in addition to the obJection Jus t above stated, that benefit of t hese averments in as full and ample a manner as if they had been here specially pleaded and r elied on. The grants under which were claimed the 1an4s r eferred to call for ei ght hundred and twelve thousand two hwldred acres ( 812,000} and include a great deal of mountain lands of but little value and em .. bracing considerable portions of the counties of Buncombe, Henderson,, Haywood, Madison and Yancey with the boundaries of these several grant s . There were numerous older grants of smaller tracts to other individuals who the r eby obtained paramount titles; since others have obtained many grants of portions of said lands wh ich titles have been perfected by seven years continuous adverse possession, and i n thi s ·way t hefie titles have become paramount and good against the wor l d. In add ition, of this, much of sa id land had been sold aud conveyed by t he Messrs . Blounts 111.d the person under whom they claimed title bei'oro the conveyance of the same to t he said Robert, and the defendant as aforesaid, and no a c count ke pt of the quantity or specific lands so sold and conveyed, a nd ~; inoe the purchase by t t1is defendant and t he said Robert, they have each s old and conveyed numerous parcels thereof without kee pine an exact or any record of the quantity o~, particular lands sold from which course it 1e impossible for this defendant to set forth particularly and satisfac­torily t hese lands t hat have been conveyed, thos ,J for which they h ave bec orne bound for title, or the amount and looali ty of t he lands r emain­ing unsold. All t he lands , however, in Hender s on County have been sold; and all t he l ands l ying within the coUilties of Madi son and Buncombe included. wi t h in t he following bounda ries, to-wit: 11 Begiiming on the l!'rench Broad River in the Co\wt y of Madison at the mouth of Walnut Creek and thence up and wi t il said c r eek to the top of Walnut Mountain ; t hence an easterly direction with t hat ridge divid­ing the waters of the French Broad and Nolly Chucky Rivers round to the head of Swannwioa ltiver to the French Br oad; thence down said Fronch Broad River to the beginning'; having also been sold and conveyed. It is true as charged a part of the aforesaid land was covered by a grant to one Ellerson and was supposed to and was claimed as escheated lands by 11 Trustees of the Univers ity of North Carolina," which claim of t i tle was compromised by t his defendant, so far as he had the power to do so tor his own as well askthe plaintiffs' and his codefet1dan ts' benefit upon the terms contained in a written contract between himself and N. w. Woodfin, agen-. of said Trustees, a copy of VThich is appended and made a par~ of t his answer, marked"~". This compromise this de• fendant believes is an advantageous one to all the parties and prays by and with cousent of the others intere sted that the same be in all thin~s affirmed, and such orders and decrees made by this Honorable Court- as may be neoessary to give etfeot to the same. Under a mistake of his powers occasioned in fact by t he wi shes of some of the plaintiffs that this defendant shou.ld proceed as the surviving partner to sell said lands as he had done previously, and their opinion oonformatory of t h i s :po·wer he did contract to sell several small parcels of said lands for which he aaa received some 24 25 money and some notes and bonds for the purc h a ~:. e money, a list of which as nearly as he c.an now remember or as certain from memor andum in hie possession is shown in Exhibit "B" appended as a part of this answer. These contracts of sale were at an incr eased price over t hat for which they had sold previously during the life of said Robert and in the . opinion of this defendant are advantageous contracts for all the parties in inter" at, and by their consent he viould be willing to account with them for all the :proceeds according to their interest therein as herein admitted of the said sales are c~,~.tmed and the necessary decrees ere made to give the title to the purchasers. In certain of these contracts thus made some of the purchasers have entered on and i mproved said lands ·, and if eJected or deprived of the benefit of their purchases will have recourse on this defendant for the damages. While t he plaintiffs md other Joint owners will share in t he benefi t s of t he inc r eased value. In t tis respect he prays that an account be taken of the value of said improvements and a decree rendered in his favor therefor. During all this time since the death of the said Robert, the whole care of over­looking said land, paying the taxes and protecting them against intruders have been t hrown upon and borne by this defendant. In order to prevent persons from obtaining title by adverse possessi on he has bee11 compelled to prosecute a number of suits, employ counsel and attend cour ts at very considerable expense to himself, of w:.ioh expenditures and the taxes paid on said lands he prays that an accotu1t be taken and adeoree rendered in his favor for the same as well as for the labor which he has thus rendered in and about the premises. This defendant believes that a sale or petition would be m9st conclusive to the interests of all, and Joins the plai ntiffs in their prayer for such sale ; but as t he same is covered by four origi nal grants he prefers that it be sold in four parcels instead of five so as to s ~ ll all the indisposed of lands contair1ed in each grant byitself. This defendant denies all fraud charges and having answered all the allegations of t he plaintiff as far as he i s advi sed i s material for him to answer, pr ays to be hence dismis sed with hi s r eaeonabl e oosts in t his behalf expended and as in duty bound he will ever pray, etc. :North ·Carolina Haywood County G. 1ii . Candler and John Baxter, Soliciters . James R. Love. defendant named in the for egoing answer, swears tmt the facts t herein set forth as of h i s lwowledge are true and t hose not of his own knowledge he bel ieves to be true. Sworn to and subscribed JSefore me, in wi t ness of which I have at­te sted t he same under my official s ea~. J. s. Smith, Cl er k . ' '-....-/. To the Honorable, the Judge of the Court of Equity in ~nd for the County of Buncombe, North Carolina: ' The Joint and several answers of John B. and Dillard Lo"'e to the bill of complaint of William Weloh and wife and James Gudger and wife and others :filed against these defendants and James R. Love in this Honorable Court. ~ese defendants av1ng every right of exception to oompla.iriante' bill of complaint for answer thereto saith: That they refer to t he answer of their co-defendBZlt, James R. Love, filed in this case and adopt i t as t heir own. They deny all fraud and combination and having answdred the same as fully as they are advised is material for them to answer, pray to be hence dismissed with the reasonable oo sts and charges i~ their be­haltftncurred and in duty bound will ever pray, etc. G. W. Candler and John Baxter, Solicitor. North Carolina } Haywood County. ) 26 John B. and Dillard Love, the defendants named in the foregoing answer, swear that the facts set :forth in the same as of t heir own knowled.ge are true. and those not o1' th.eir own knowledge, they believe to be itrue. Sworn to and subscribed before me this the 28th day of JWltt, A. D. 1864. John B. Love Dillard Love. Duly sworn to and subscribed before me, in w i~ness of whioh I have attested the same under my offioi~l seal. J. s. Smith , Clerk. \ .... State of North Carolina In Equity .. Spring Term 1857. Buncombe County. James Gudger and wife , Anna, and other heirs at law of Robert Love, deceased, vs. James R. Love and others. This cause coming on to be heard upon the bill, answers, eXhibits, proofs and terms of compromise filed and by consent of the parties, 27 IT IS ORDERED, ADJUDGED and DECREED, that the land and premises described in the pleadings, being the lands known as specul ation land in t~ grants from t he State in the Counties of Jackson, Haywood, Buncombe, Madison and Yancey, the lands that were conveyed by t he Executor John Gray Blount to Robert Love and James R. Love in December, 1834, as ap­pears by t heir deed and by the said four patents, be sold by the Clerk and Master of t hi s Court on a credit of one, two and three years. The sale of t he portion in each county to be made at the court hou se or place of holding the courts in t he counties respectively. And that the l ands be sold in parcels as near as may be to suit purchase r s and to produce the best price. That t he lots be made to conform as nearly as practicable to ne.tu.ral boundaries so as t o nell the land be drained by each a l arge or c ons iderable stream separate. lilld when it becomes nec­essary fully to des i gnate lines between lot s he may have t he lines rWl and marked a nd t he lots in t he cow1ti es of J a c k ~ on and Haywood may be designated by James R. Love and t hose in Madi son and. Yancey by James Gudger, and i f t hey fail to do so, the Clerk and Master aay procure the aid of such pers ons as may be ~ ao q_uain t e d with the l ands . IT IS ]'UHTHER ORDERED that the Clerk and ~laster inquire as fully as practicable the number of sales t hat have been made in each lot, and t he quantity that yet r emains to be conveyed on bonds for title outstand­ing and. make it known at the time of selling and that he sell only the remainder of the unsold. land subJect to all the outstanding claims, and if any land in Buncombe remains unsold that he sell it in such parcels as he may Judge best and that he require in cash of purcha s ers such por­tion as will be suff icient to pay t he costs of this suit and the expense of surveying and that he take bond and security of purchas ers and that the title be retained unt i l t he final payment of the purchase money. And that he r eport to the next term of t h i s court. AND IT IS FURTiiER ORD.EHED, ADJUDGED l1lm DECRE.&.'D by f he consent of parties that of t he proceeds of such sale the cost of t his suit be paid together with the expense ot surveying and selling , and t hat t he remainder to£ether with the notes now on hand be divided and paid out as follows to wit: The defendant James R. Love r eceive one-half thereof to his own use and the other halt in eleven equal portions or sums to be paid to the other eleven children and heirs at law of Robert Love, deceaaed,and those representing them, that is, one-eleventh l)art of one-halt thereof to James Gudger and wife, Anna, one-eleventh part of one-half James L. Henry and Hobert M• Henry, devi zees of Dorous B, Henry, one to Hugh. Johnston and wife , Louisa and to Hugh Johns ton , Trustee i'or the wife and children ot Robert c. Love,•boing the children of Samuel Love, deoease4, one share each to John B. Love, Dillard Lovt} , Vlilliam \'/eloh "--/ and wife, Mary Ann, Winifred P. Killer and one share to Hobert Love and. others representing the share of Thomas Love, deceased, one share to real representatives of William c. Love, deceased, and one-eleventh to Ganum c. McBee and wife, Sallie, and one-eleventh to John D. Patton. 28 AND IT IS FURTHER ORDERED AND DECREED that all the s ales made by James R. Love after the death of Robert Love to the filing of hie answer as well as the s ales made in the last six months referr ed to in the terms of compromise filed be confirmed and the notes for the latter BLlee as well as those reported in his answer in Exhibit "D" be divided as the proceeds of the ea:le of the land herein provided for, that the notas be filed with the Clerk and Master and that he make a division of them in two equal parts, one of Ylhich will be handed to the said James H. Love to his own use, the other half he will assign to the Clerk and .Master without recourse for the use of the other eleven partiof,l, but if the said James R. Love have collected or used any of them, he shall account for one half thereof and .hand over others equally as good to that amount. The said James R. Love make no further claim for his services a.nd to account for no other collections made by him, or for a share as heir at law, The title to the slaves in pos.:;eesion of each is coDfirmed and ackt.owledged. The appeal taken by William Weloh to Supreme Court be dis­missed and the negroes in suit surrendered to .Tames R. Love and. the deed to James R. Love from Robert for lands on Richland Creek are confirmed, the terms of compromise of titles entered into by James R. Love and the Trustees of the University by their Attorney N. w. Yffiodfin as exhibited to said Love's answer be and is hereby ap proved and confirmed and the titles to be made accordingly • .AND IT IS ORDEHED that this decree be enrolled. D. F. Caldwell, Judge. .rn. 0 =.".' t;!) Page ................ 29 ..... . NORTH CAROLINA PARK COMMISSION ABSTRACT OF DEED OR GRANT In Preamble As Signed As Acknowledged Ieac ;a, sa...,.er1 as Clet7k and Master in Equity " I sao B. Sawyer, as Clel'k and Ma.. ater in Equity Iaao B, sawyer, as Clerk and Master in Equity 1. Kind of Conveyance .......... ...... Pf~Q4 ............................ . 2. Date of Conveyan~e .. .. ... . l.l..-. ~~.$~ ....................... . 3. Is it properly executed ............................... ..... ........ ... ........ . 5. Before what Officer acknowledged ... ... .9. .~.§:!i!.Q!L ... .. . 7. If irregular, copy in full on baik<r"-~G(f' .. ........ .. 9. Date of acknowledgment ..................... ,· .......................... ... . 11. Did officer affix Seal... ........................ ............ ................. . 4. Date of Entry and No ...... ..... ................ ~ ............ ................ . 6. Acknowledgments, regular .. ··················Y···eY'se is········ 8. Did all grantors acknowledge ..................... .................... . 10. "vv' as pri.V y examm. a t·t on of Wl· r e tak · en ............N...o. . 12. Was order of probate correct ... .... .... T.e..~ ....................... . 13. Does conveyance contain convenants- 14. Date of filing for record .... . 11. .... 7~6.0 ..................... . (a) of seizin .. ........ ......... : ....... .. ............................................ . 15. Book ........ . . .Cl ...................... ... Page ....... D.'l~ ....... . (b) power to convey ............... ...... ......... .......... .... ...... ..... .. .. . for ... ........ ... .Ifay'Wood ............................. County. (c) against encumbrances .... ... ... ........ ... ............ .... ........ ..... . 16. Does deed contain any special limitations, provisions (d) against claims of all others .. .... .................. ........... ... .. or restrictions ...................... ...... .... .............. .... ................ .. 17. :~otto~ase ~Qd~ ~fjl :--·a:i:Jl.Ol:4 ... t: .. -ine8ea.1d ... :r:•·--B.• ... Lav.e1.. hia .._ heira,. .: ~ ....... . ::::::: .. ~~~::::"'~:::~$.t::~:~~r:ct:k·:~~:::;~,ff>::·.f:··•iii;:~:~.e,rii·.·~:r.t.:~;~_-_·_~1~.-.. ·.·.·.·. v ........ ~~f~-~~'~·-·······················~·-······················· ... .. .......... ...... ··· ················ ···················································· Exact Description of Property "Whereaa:, by Virtue of a decree o:f the court or Equity held for the County or Buncombe at Spring Term, 1857• the said I. M., Sawyer, Clerk and Master as afore• said, Eltter a ____ according to law, did cause the rol ... lowing tracts or PIU"Oels of land, the unsold portions, thereof • with all the appurtenances thereunto belonging to be put up at public sale to the highest bidder on the 18, the 25 ot .rune, A .. n., 1859 • which said tracts or paro.ele of lan4 sitU&ted, lying and being 1n the oounti•• of .raokaon and Haywood in the state ot No:rth Cal,"'Qlina, b0'8nd$d as tollowa, to Wits Shut B BEGINNING: At the mouth or Fines Creek, and running down the Pigeon River to the Tennessee line; thence along with the Tennesee line a southwesterdly course .·to John Gray Blount's beginning cor­ner of his 17~000 acre tract a spruce pine on a high blurt ot rocks; thence south 45 east to the head spring of Jonathnts creek; thence along the various courses or the David Allison survey to an ash, corner near the head of Scott's creek and near the western turnpike road; thence with the various courses of w. H. Thomas tract recently sold to F. F. Owen & Company to a bigwood and hick­ory, corner at the head of Tuckaseegee river; thence a direct course to the corner where the county lines of Jackson, ~ywood and Henderson join; thence along jthe Haywood Henderson line to where the Buncombe and Haywood county lines join; thence along the Buncombe and Haywood County line to the county of Madison; thence er along that line to a stake in the Hughes traet; thence with that line to Pigeon river on the mouth of Fines Creek, the place of beginning. Cont~ining one hundred thousand acres, more or less. Master's Report 1857 Sale of the Speculation Lands 1857. State of N. Carolina :Buncombe County. James Gude;er and others vs. James R. Love and ~thers. In obedience to a decree iss uing from the cour,t of equity for Buncombe County after giving due and lnwfu~ notice :1! the . Asheville paper and the Carolina. Times, a paper :publ:tshed in (}'t;~umbia, s. c., of the times and places of sale, I proceeded to sell at the court house in Webster, in the county of Jackson, on the 16th day of June, 1857, all the unsold land belonging to Robert Love and J . R. Love l ying in said county, supposed to be about 70 ,ooo acres, more or less, when and where James R. Love became the pur chaser, he being the las t and highest bidder at the sum of $5loo.oo, for which he executed his bond at one, tvro and t hree years time with Dillard Love and others his se­curity, t his sale was made during court week, where a. large crowd was present. And in obedience to said decree, I proceeded to s41 at t he court house in Waynesville on the . 23rd day o:r July, 1857, allit. the unsold land lYing in the county of Haywood belonging to the said estate of Robert Love, deceased, and James R. Love, known as t he Blount speculation 31 land, where William Welch became the purchaser .of lots No. 182, he b~ing the la.st and highest bidder at t he sum of $3400.oo, he executing his three bonds then for one, t wo and three .years time, with James Gudger ·his security. That James R. Love became the purchaser of .Lots No •. 3 an(l 4at the sum of $1825.00, he being the last and highest bidder and executing then t he bonds therefor at 1, 2 and 3 years time, with William Welch and others his securities. This sale was also made on day of court, where a large crowd was present. And by virtue of said decree I proQeeded to sell at t he court house in :Burnsvi lle on the 20th day of July 1$57, County of Yancey,. all the unsold speculation lands lying in Yancey County belonging to the said estate of Robert Love, deceased; and James R. Lovet where Hugh Johnston became the purohe.wer of Lots No. 1;. 5, 5, 6, 7, 8 and 9, at t he sum of $5,904.00, for which he executed his promissory notes at 1, 2 md.;'3 years with James R. LQve his security. And that James R. Love b~came t he purehaser of Lot No, 2, being the last and highest bidder at the sum of .8t53l.OO, for which he executed his 3 bonds at 1, 2 and 3 years time with HUgh Johnston his seourity. And t hat John Edwards beoame the purohas·er o:r Lot No. 10 at the sum of $606.00 he executing his three notes at 1, 2 and 5 years time with s. s,, Philips. his security. And t hat Sam B. Silvers became the purchaser of Lot No. 4 at the sum of $1700t<OO, he executing his 5 bonds therefor at 1, 2 and 5 years time, with John Guff' his security; this sale was also made during court week, where a large crowd was present. 32 I likewise proceeded to sell at Hill in :Madison County, '------- it being the pl aoe of holding the court for said county of Madis on, all t he unsold land lying in said county belonging to the estate of the said Robert Love, deceased, and James R. Love, and known as the Speculation Land, where J"ohn .A. lagg became the .purohaser o_f Lot No. 1, he being t he last and highestJbidder at the sum of $191 .. 00, he giving his t hree bonds t herefor -with James R. ' J"arr-et his security in 1, 2 and 3 years time, And that James R. Jarrett became t he purchaser of Lot No. 2, he being the last and highest ·bidder, at the sum of $290.00,he exe­cuting his notes t herefor at 1,- 2 and 3 years time, wi·t h .John E . Patton his security. And that .John E:. Patton becar,;e t he last and bi ;shest bidder of Lot No. 3, at the sum of $305 • 00, he exocu t~ ng his t hree bond'S t here­: for with Ephion Clayton his security at 1, 2 and 3 years time. And t hat Jar::-es R. Love became t he last and hi ghest bid.der for L()ts No. 4, 6, 7, 8 1 9, 10 and 15 , at the sum of $6,201.00, he execut ing his t hree· bonds therefor at 1, 2 and 3 years time, with w •. ·w. Thomas his seouri ty. Atld that J. I .• Huy beoame the purcha ser of Lot No. 5 at the sum of' '\~50.00, he executing his 3 notes t herefor at 1, 2 and 3 years time, with Robert Love his security , and that Robert Love beoame t hepurchaser of Lot No. 11, he being the last add highest bidder at t he sum of $500.00, he exe­cuting his three promi nsory notes at 1, 2 and 3 ye ars time with James L. Huy his security. And t hat Berry Bush became t he purc haser of Lot No. 12, he being the last and hi ghest bidder at the sum of $1850.00, he executing his t hree notes t here for with Wm. .T. Worth , E. Carter and others his security and t hat E •. Carter became t he last and hi ghest bidder of Lot N'o. 13 at the price of $3015.00, he executing his 3 notes therefor at 1, .2 and 3 years time, with P . Anderson and others his ~ e curities. And that James Gudger became the last add highest bidder of Lot I:m. 14, at .._./ t he StUll of ~ 1800.00, he exeoutine his 3 bonds therefor wi th A . Gudy his seouri ty .at 1, 2 and 3 years time;~ And t he l'l'iaster. f urther repQl"tS that most of t he parties were present at e a ch s ale and :tbr t he bidding for t i:e lands, and considering that it was uncertain how muoh unsold lend was in each lot and t he moat o:f it being uncultivated a nd mountain land suited only for stock farm. The master is t herefore of opinion that the lands sold :for a fair prioe and if resold would not bring more if as much as t he ur esent sale. The land in all the counties br ought t he s urn of $34,388.00: 1l'be Master doth f'urt r ~ er report that he called on the defendant J. R. Love for the notes i n his hand belonging to t he said l and fund as required by the sild decree and find t hat t he said J m1es R. Love has collected and ap• plied to his own use since filing his answer, as referred to in t he decree as af'oresaiu t he sum of $10,4,44.38. And that he surrendered to me notes .to t he amount of $44,214,85 a nd al,so a r e ceipt on Hugh Johnston embracing a number of said land notes, am.Q..i,ting to t he sum of $2,736.66 and another recei pt on J. B. Gardner also embracing a number of t he land ~: notes amounting to t he sum of $2,490.39, and also another receipt on R. M. Henry for l and notes belonging to said fund amount ing to t he sum of $1, 248.88 as well as another rece ipt on James Gudger amounting to the sum of $391.61, J. B. Love receipt for sum of said not es to t he amount ·of the sum o:f $410 •. 37 and William Welch, adma. pendete -• for s um of s aid debt to t he sum of $229.69. .And t he Muster doth f urther report t hat he has all of said no tes and receipts now in :h..is possest;ion; t ha. t he has not yet divided said notes as r equired b y· said decree for t he reason t hat some of t he pa r t ies allege that t he s aid defendant J. n. Love has not made a true surre nder of a.ll of. said notes . He t herefore begs f l.trtl:er t1 me to complete t hat part of his said r·epor t. All of wh ich is hereby respectfully su'bm1 tted. !saac B. Sawyer, Clerk. tt,?''" \ i S~ate of North Carolina, Buncombe County. James Gudger and others, ve. J. R. Love and others. } ) In .Equity - Fall Term, 185'1. ) fhe Clerk and Master in obedience to the formal decree of thia oo~t, having sold all the lands mentioned in the pleadings and it appearing to the court that the said lands have been for a full and · fair price. it is therefore ordered,. adJudged and decreed that qll that part of the report of the Clerk an~;)lfaster referriug to the sale of said lands, be confirmed and all t h lilgs r elating to the s ale of said lands. Am> Ir FURTHE:R .. -!P..PUR!NG \a . the . oou.r~ from the said report that the defendant J. R. Lovt h~~O:t surrendered to the Clerk and Master all the notee in his hands that have been given for lands sold which he was required to do by the formal decree of this court, IT IS THEREFOHE ORDERED that the matter be again referred to the Clerk end Master to enquire into the matter as heretofore and report and that he have _the power to take t he statement of any and all the parties under o! Jh. if· he deems it neoeBSfU"1• .. ... ~ .... ·~: '·'~· AND IT IS FURTHER ORDERED that the defendant J. R. Love surrender and deliver to the Clerk and Master all the notes both old and new in his possession which were given for said lands agreeable to the terms ot compromise; and the formal decree of th1e court ~d the list of notes kept by the said J. R. Love John !.h Dick, J.s.c. L. &' G. 33 State of Nor~h Carolina Buncombe C.ounty. ) ~ :'~·;<·~~~~%_' . .. -~·<: _,_, ~~ In ~quity . .... Fall ~erm, 1857. James Gudger and wife, Anna, and others, vs. James R. Love ~d others. In addition to the orders heretofore made in this cause and that now made oon!irming the aale, etc., . it is ordered and decreed that the Clerk ~d Master make title to James R. Love !or the land purohasod by him on his tiling his receipts to the Yaeter for the . amount o:f the purchase money and filing the Hotes :t'or the division in pursuance of the orders of t his court made at this term. AND . IT IS FYmTHER ORDERED by consex.. t of the parties that title may be made to Hugh Johnston or anyof the purchasers on the payment ot the purchase mone.y or tiling receipts o:f ·themselves or others ent1tle4 tor amount equal to their purchase money secured by them respectively tor said land. John Y. Dick, J. S. C. L. E. '3, ':f I G I \._./ 35 Arttolee ot apeemeni oonoluded and e.dld tte-4 a~ed upon between the heirs u.d l$gal r .epftsentatlves ot Col.; Robe~t tove, late or the Cottnty or Iia1f/004 ad state ot North Os:l'ol.t.na; 11'1 ~•ueuloe ot a c(lnl)rordae entered into betwo~A the parties. a 4$0l'e& in Equ1 ty tl8:s made authorizing the sale by the C:t•rk tutd liraetsr or all too 11!l'l as o1nted as jot.nt•-partners by ae.1 d . Robert Love and his son, J'$.mOS R~ 'toVeJ, QO\ft'l $.$ the SpeCulation landSj tor t he benefit ot .said heirs ~ toll()Tif?t FoJ~> t he said Jmnes R. Lo~, one-half ot t he p~o&ds ot t he S3le; tor t~ othor heirs end t heir legal representa­ti vee, one•eleven:th ea.oh; .And Uherons t htl said 1nntbl ai tt¥tted in the counties ot J"aokson, nar wood, lo1ad1son mtd Yanoer have been sold bJ' the Clerk and uaster and pur­ohase4 by .rmnes R~ Love and othere of the heirs in p(lrt to prevent t he saort­tic- e of t he rn:operty, bid off a pal:t of' . the lands in the seve:ral counties, · · wni.eh ue 1nt~dea to be held by t~ S(tid .r~s n. I.ove, Dillnrd Love, John B.. !.eve. W1ll181ll wieleh end the ll~irs ot Darous 11«Jll1"Y to embrace t hose en'ti tled to her 1ntE»rest in thClJ following ,manner to the extent or t he lands bid oft by t hEm! or any or t h4l to W1 t : Fir$tf, tllG said .Tames ll~ Love to hnvo one-ha~ or the l~nd and one­twelfth or the oth~r halt; Dillard Love, one-twelfth or the last mentioned half; J'ol:ul n. !4ve onG-tweltth; William Welch, one-·twelfth,. and t he remnin1ng seven t .welftlul crf the land mentioned half ot t he land bid ort as a:toremm:~"t tioned t~ be paid tor and equally d:lvidetl betw·,.en t he oo1d J'alllE)s R. Love • .D1llar4 tov~, ~rob.n B. l ove ·and. \!f1111mn Welch 1 t he n1<l heirs of Dareas uenry find Robert 1~. nem-7 and .Tames r~. l!e»;J end Williru'll n. Thomas; but to entitle lUll' ot the last llQm.ea pe:rsons to t ho PQ,lrtions herein provided:. ~e shall make l'eYD!ent in full to the Clerk' and !~stc;v or uucb otbe:r agents as tnay be euth<lrize:d to re<.Hdve payment, th) full amount of which would be due for · t he: portions of la-nd ass13ned. ~inat t he time it 'become due and pa:rs.ble._ and :1n case of any of t he last mentioned parties fail to mnke pa}'U'tent as afore- , said, be or they shall forfe1 t hia interest and t :.e rEJn~B1n1ng partners shall have the right to make pn:ymtmt and be entitled to the interest tor­fei ted b-y non-.pnyment; but to entitle any or the aforementioned parties to an interest in t llis agreement, thor mus-t aubsoribf.t 1t at this Court • And whereas tba objeo\ o.f t.ie parties 1 s to make payment for the land and roeetv-e t1 tle tUJ.d .make sales of t lHf same tor tho nr.ttual. advantage ot · all the parties aforement1 oned And whereas t he said Jarnea n. •. Love has muotr the largest interest, and it is n0reby agreed thnt eaoh or the parties to this agreement who are en• t1.tled to a portion of th.e proceed~ of the sale of said Speculation lands ahsll when re quired to do so by tlle majority of tho com})en7 aforement1one4 receipt the Clerk. and ~:;aster for t lle sum ~tue to him as .his ehare of t he pro­oee4. s or t he sale made by the said Clerk and Master; and t ho Clerk and }1as­ter is hereby a uthorized to make all tho titles of the ani.d land to t he said .r~a R .. LGve, who by hil:n6$lf or agonts 1& hereby authorized to make' sale or­the ~am tulder suoh rules end l'e;"'ulat ion$ o£ a mejority of t he parties hereto tor the benefit of eqo.lt., l'J.s lloira and assigns to the extent or the inte!'Qst and set forth, bet t he said ..T-nmeo R. t.ovo to acoou:nt/annually pay over to the other putietl mentioned agreoeble to tlleir several interests t ho net prooeGds ot t he sale or the lands; but the expenses or selling sbllll not exceed twenty five po.r cent oi' the proceeds of thG sale except law s uits which t he said James R. I.ove or his agenta m.a:y necessarily have to carry on for t ho interests ot the e(c)mpany tn d$fending their title to nny portions of sntd l and to be charged to ot11ah in pr:oportion to his interests; and also ·tho tnxos due or VJhicb m y become due :f:rQlll l:Jai d lands. I N 'mSTU!<4liJY WRZR'EOF the parties have- horounto .sot tlltllr hands and seels. <JotobG-r; lG1 185'1. MINUTE DOCKET 0 BOOK G-Page 60 r. R. tove R. d. Re-n1'7, ror self and samoa L. Henry Willialli Weloh :r. 13., l.Ove, By eon, :r. R. Love, Jr. Dillard :Love Willlam n. Tllomas (seal.) (See.l) (seal) ($eal) (Seal) r G NORTH CAROLINA PARK COMMISSION ABSTRACT OF WILL 1. A verbatin copy of that part of the will affecting the lands abstracted is required. 2. Set forth in detail all items of the will bequeathing money legacies, or placing any specific charge upon the land, and following abstract of the will, give all proof contained in the record of the payment of such legacies, and the satis­faction or removal of such charges. 3. A detailed outline of all petitions, orders and decrees relating to the estate from the time of probate of will and qualification of executor until final discharge, must be shown. 4. Such excerpts from the probate proceedings must be shown on this and immediately following pages, and in chronological order. 5. Always show whether or not t estator left a widow, and show that her dower right has been barred by acceptance of a devise in lieu of dower, by participation in a division of the estate or in some other manner. Testator James R. Love to William TI. Thomas, Robert G. A. Love, William L. Hil liard and Samuel L. Love, Exr, S • Devisees. 1. Date of wi11.8~2~~-58--- -- - ----···-·--- - -·- · ····-----·· · -··· ·------ --·--··· ···-·····---·- 2. Book ---2- ---------- ---------------·--------- -------------- -- --·- Page ....... l49-------------- 3. Date probated ----- ---~- 29~88----- ·- ----------- --- ------------------- -- --·---------- 4. Common or solemn form -- -----COmmoll------ ------ -- --------·------ -·----------- 5. Witnesses ----J-.----N.----Benners---"""----A-.----L-.---Uer-nn 6. Is attestation clause correct? -----No-------------------------------- -·--·---------·- 7. Probated before ________ c.s •. c_.. _____________________________________ , ________________ _ 8. Letters issued --- --------- ------- ---- ---------- -------- ------·----------·-----·---- --·-------,------ 9. To whom -------- ---- -----·----- ·-·-- --·------------··------ -----·---------------· ----- ----- ------------· 10. Book --- ----- ------------ --- --- --- ---·----- ----- ------·-- -·-- Page·---·-- ------ ----- ------·-- -----· --- 11. Final settlement -----· ----- ------ -----------------------··- ------ ----------------- ---··-··:_ ______ 12. Book ------------- ------------ ------ -- -·----· ----- --------- -- Page·--------- --------·--·-----·-------- 13. Inheritance taxes paid·------- --- ---------- --- ----·--------- --·--------------·---------------- 14. Any conditions or reservations in will? ,None---"h-i-Ch---------- 15. Has will been contested? _______ !'il, _f.f~dt ... .land _______________________ _ 16. Has will been construed by court?----- -------·--·---- ---· --------·---------- ------- The only portion of t his will which affects the land under investigation is as follows: "And in relation to t he speculation lands it is my will and desire that the sales shall continue under the rranage­ment or my executors as though I was :u ving - they recei vtng for t heir services t be same t hat I em receiving, to vrl.t: Twenty-:rive per cent on t he amunt sold, and they are also to make titles, and Phillip w. Edwards is to be continued agent as long as the executors and he can agree". "I appoint as my executors, Wlllinm H. Thomas, Robert a. A. Love, 1;tlliam L. Hilliard and Sanuel L. Love to execute the provisions of this my last will and testa..?flent". All cases and authorities relied upon to cure any defect in this instrument or proceedings thereon or to support any proposition of law must be cited, and short excerpts made therefrom. Shut D THIS .(\;@_~lENT made and entered into this the 2nd day of .ruly, A. D. 1890, between wfmam I .• IUlliard, executor of James R. Love, w. w. String­field and wife Maria M. Stringfield, M. II. Love, w. H. Thomas, Jr., A. c. Avery and wife, Sallie L. Avery,_ James R. Thomas, Sr. 1 by his guardian, James R. Thomas, Margaret s. H. I .. ove, widow Gf Samuel L. Love, Maggie Love, Willie Love and Robert I ... ove, infant children of samuel t. Love, deceased, by their guardian, John H. Boyd, Mary Josephine Branner, Robert D. Gilmer and wife, Love Branner Gilmer,. James Atkins and wifet Ella Branner Atkins, Y.argaret s. rr. Love, administratrix of samuel I .• Love, Dillard I,ove and Thomas Love, executors of John B. Love, w. L. Hilliard and wife, uargaret E. Hilliard, wrn~SSETH: That whereas an action is now pending in the Superior Court of Haywood County, state of North Carolina, in which William L. Henry and William 1 .• Henry as administrator of Robert M. Henry . are plaintiffs, and William L. Hilliard, executor of James R. Love, William L, Hilliard and w1te Margaret E. Hilliard and others, heirs at law and devisees of Robert Love deceased, and James R, Love, deceased, and t heir heirs, assignees, grantees or representatives are defendants, in Which said action the question among others what is the interest of the various parties to the action in certain lands formerly held as t enants in common by said Robert Love and James R. Love t herein described, and which the executors or James R. Love were em­powered by his will to sell said lands derived from purchase under the de­cree ma:de in a snit in equity referred to in the -pleadings, and under the contract or alleged contracts set up in the pleadings or by assignment, and what was t he extent of t he liability of the said James R. Love to account for the proceeds of sales made by hili!. of any portion of the land purchased under said decree of the court of Equity of Buncombe County, and what tt'e liability of the executors named in t he will or James R. love, { to wit w. L. Hilliard, W. H. Thomas, Sr •• Robert G. A. Love and samuel L. LoveJ for sales made by them under power given t hem under said will, now •. THEREFORE, in considere.ti<>n o:r t he mutual advantages to the p&r"" ties to t he agreement arising out of its provisions, and in order to com­promise and settle some of the questions involved in said aotion to the mutual advantage of all parties to this action, the said parties do hereby enter into the following rnutunl stipulations tmd covenants which are here­a: fter to be embodied in a compromise dr~wn mJ.d filed by the attorneys of' such of t he parties as are represented by attorney t herein in said aotion now pending in t he Superior Court of Hayv~Dod County: First. It is mutually agreed between all o~ said parties to t his con­tract that Dillard Love, deceased, and John B. tove, deceased; held by purchase und~ r the decree in said suit in Equity, each two t\velfths (2/12) of one-half or one twelfth (1/12) of t he whole of the equitable estate in fee simple in said land; and that t he sui d Dillard Love before his death conveyed his said interest to said .Tohn B. Love, end t hat t he said interest of John B. Love two-twelfths (2/12) of tbe whole is now held by t he exeou­tors of John B. Love; and that whatever interest in said land may have been held by Jruoos L. Henry was conveyed by him to J. Robert tove, son or t he said John B. Love. secondly. It is further mutUa.lly agreed t hat t he said William L. nil ... liard, executor cf James R. I.ove, is hereby dischnre;ed.from all liability to account to any or the parties to t his agreement for any moneys arising from sales made by the executors of said James R. Love, or any of them, or any portion of said lands held by them in tru$t under said will with power to sell prior to t ho dny ot , 1800,. or f or any proceeds of sale of auoh lands mde by safi w. L. fti11lard. executor. sin.o.o said . day ot' . 18801 that may have b$&n pat<.\ over .b¥ said r11ll1tn"d 1.$.4;ir the pro-visions of a certa in a.groo.ment si~ne<t bf sa14 ·. Hilliard. 1 exeout~t file... .d ln A: said action now pending, and tm4er tho 1mprosJ;"J1on that tl1e val1u ty flJ14 bind- · 1ng fore~ or said agreem.ont was not q~estioned by the po."ies to this oontreot. l;hirdlz. That the sa~4 William L. Hilliard eovenan~s and agrees that in cons!<!~ration or such relea ~e and dieoharge from l~o.bility, he will not demanci t'$ 0S or tJomm1ss1ons by r(mson of' said oxeoutorsl').ip or any sales of land nnde, o1· tor any se'tvioes rendered prior . to tho Btlid _day of 1880, in any accounting among t .he parties to t his agreement only; nor a e;reatu sum than ax· rutd one-fourth per centum in. addition to notual and roasQnable expenses or employins roal estn te &gGnts not to exceed etx ru1d one-fO"..n"th per centum and the neo'Gssary oxp.e:nses 1nourl~od in surveying and . proteotiq the lands ago.inst trespasses and in too disohnrgo o:f any other duty as exoou­tor nnd on any money that has passed into h is hands and been disbursed by him since do.y of . woo-. or any mono·y that may hereafter com& into his hands by sa."Ie o.f t:my portions of eei d land o.nd otherwise as executor ot Jan:es R. Love. Fourtl'tl;-f• It is mutually agreed between tbe parties to t his contract in oonsldora ton or the reoor,1n1tion o~ tbe ri gilts of each ~nd the advan-· , tages arising to each out of' 1 ts ;provisions, t hnt t he e·xeoutor. heirs and devisees or .rames n. I.ove, deoea$ed, and t ho1r holl•s and repreSentatives, shall be d1sohnrsed t'rom aU 11ablll.ty to acooont for t he proceeds of the sslea of any of said lnnd oonveyed to him by !. B. 8aW"JOr under said deoree or the Cou.rt of Equ1 ty of' b1mooml:le County made by oo1d Jam-es R. l ove before his doath in 1863. Fifthly • . ~t is mutually ngro ~d betweon .the parties hereto that the · said tlliilam ~ r. Thomas, s:r., shnl.l be discharged end relieved from 11ab1litJ' to account us executor ot J'amen R .. l.ove far eny moneys that wore received by any of t he executors of sn1d J(U';J()s F. . LOve, and from all liability groP in.g out of his an1d executorship since t he death or oo.id J'arnes B. Love in the year 1805. Sixtrtlz. I t is ngrec4 for_ the said w. n. T11omaa sr.,. by his guardian, t h..'1t no feos or comr.U. ssions shall bo de)nnnded by sei d Tho•a. his guardian or represent a ti vesfor services in the onpco 1 ty of executor ot James n. Love rendered any time 5l nee the death of said Love in the year 1863 in account• ing_w1th the parties to this contract only. s eventli.l..Y-• It is mutually agreed that no foes shall ever . be paid or nllowi<f for t he sorvioes samuel t. l.ovo as executor of Jrunos R. Love rendered at any time before t i1o death of said Samuel t. l .ove, or any moneys received or disbttrsGd by him as executor as arorest.dd in any accounting between him and the parties to this contract . E1fhtlil.I• It is agr eed on tl::~ part of the c:xe.outor and heirs at law and dev~ sees o:t' s~dd. Jo.mea H.. t ove and the parties her,oto holding u.nder them, that after t his agreement shell have been :filed by the attorneys ot tlle parties, to wit: by Joseph I.. Adams, Robert D. Gilmer and Howell and S'lrulthers 1n the said action now pending in the Superior court of Haywood County and a eohlpromise deer.eo in -pursuance of 1 t and :for t he :purposE) o~ carrying out its prov is1ona, that · . . . . . . (or in cnse or his death some othor person to be e.greod upon oy ~lie pariles,, or in case or disa­gr eement. s elected by t he Court) a...ltall be appointed nnd empowered to asoer­tain o.nd report to t~ Court in this action the mnount of money belonP:in@ to t he estt1te of said Jnoos H. Love thct aetually passed into t he hands or an1d samuel I .• Love und wo.s unaccounted or as misapplied or misappro­priated by him, and t ho report of the said arbitrator as to said amount 40 shall be final and enforced as a rule o:t" Court·, and that if at any time it shall appear that ono si?Cth, (,)f the net . amount Which has passed into the hands ot the exeoutw of James R. Love arising from the aale of said speoul.ation Lands are liable. to distribution among them who take under the vd U of James R 11 Love is sufficient to di scherge the amount so asoer­tained to be due together with the oosts ot arbitration that thereafter the heirs a1i law of .said samuel L.· Love shall be entitled to receive such share of t~ proceeds of sales or said lml~ as said Samuel L.- Love ~vould have 'be$n entitle.d aa heir and devisee of James R,. LOve were he liw~ng and disohu.ged fran all indebtedness to the estate of Said James !l. Love. It is further mutually understood and agreed that this contract is not intended to limit or detini tely defi.ne the 1n·terest or John B. I..ove and that of his heirs ol"' executors, but to leave the question open for ~djudication 1n the pending action what ssi d heirs o:f John B. Love or l}.is executors are entitled to in addition to the four twenty fourths here• inbe:tore l:l!;ent1oned1 and also to leave open for adjudication whethel"' James Robert Love Jr• ,, son or John B, Love, held and whether his beirs or execu­tors hold ·any interest in addition to such interest as may have passed to him by the s~id conveyance from J. L. Helll"y just as the question is in• tended to be left open for adjudication and settlement whether James R. I.ove held at the time ot his death more than fourteen undivided twenty fourtha~of the equ1 table estate. It is underst9od and agreed that this contract is to enure only to the benefit of those of the parties Who signed 1 t. IN TESTIMGiiY \~!EREOF we have hereunto set our hands and_ seals this July 2 • 1890. ' w. L. Hilliard, Executor of James R, . w, L. "Hilliard M. D. n- Love H. Love L. Love, ~ecutor of L. Love • Attorney in of James R. A; c~ A.ver·i James R. Thomas :r. l3, Love fact for the heirs Love, J"r. Jal'!l:!s R. Thomas~ Giu~rdia.n of w. u. Thomas, sr. sa11~e L. Ave~y · John H. Boyd1 Guardian of Margaret Love, Maria Willie Love and Robert Love, children or Samuel L. Love w, w. Stringfield M. :r. :;3ranner It is ordered by the Court · that this agreement be spread upon the Minutes of t his term of the Court. Fred Bhill1ps, Judge Presiding Page_ _____ ------~1 __ NORTH CAROLINA PARK COMMISSION JUDICIAL PROCEEDINGS 1. Proceedings in all courts affecting the title of the 1 ands abstracted must be set forth and attached hereto in chronological order, and in such detail as will show all jurisdictional facts averred in the ·proceedings, proper parties, sufficient service to bring all necessary parties into court, all orders and decrees up to and including confirmation of sale. 2. When minors, insane persons or any other persons for whom a guardian ad litem, committee and such like are required to be appointed, are interested, the appointment and acceptance must be shown; it must appear that all statutory require!llents have heen complied with. Give names of all plaintiffs and defendants. Will!am t. Henry and Wil ... :liap:J. L. Henry A'dmr• of Robert M. Hen:ry1 deceased, vs William L. fi111~~~rd, exe­cutor o:r James R. Love t w.. W • String;f.'ield and ·wife 1. Court_ __ SUperi.or ______ County __ JJaywoo.d, _____ _ 2. Kind of action __ ___ __ Judgment---- ----------------- 3. Date of filing _____ __ ___ _____ ___ ____ __ __ ____ __ ___ __ _ _ +. Date of filing lis pendens_ _______ ________ _____________ _ 5. Judgment recorded in Book_ _____ __ __ Page ____________ _ 'Maria Stringfield, M• H• PROCEEDINGS Love 1 w. H .• Tl1omas J:r:. 1 VI.- H. Thomas Sr-.-, by his guardian J'amee R, Thomaa,, Margaret S, Rt Love• adm1n.1.stra.tr1x of s,. L. Love1 Maggie. Love, Willie Love am Robert Love infant ohildren of Samuel LoV'e• deoe~sed, by tlleill' sunrdiail-1, John H. Boyd._ Mary Josephine Branner , Robert D. Gilmer and wife Love Branner Gilmer, Jantes Atkins ~nd wife Ella Atkins, Dillard Love and Thomas Love execu­tors of .robn B. Love, w. L. HilliQfd and wife v.argal.'et E1 Hilliard, et a.l. PROCEEDINGS. It appearing to the oourt that a great number of issues raised by the pleadings g:t-owil18 out of the conflicting ola1ms >()f the de- · fendants abomJ named and jJt. no way affecting the rights or inte~eats ot either of the plaintiff's, and that all or the defendants are willing to enter a oomprqmise decree that Will settle and determine said tsaues end adjust ali matters of dispute and · conflicting olaw between the .defendants above named so ~s to narrow the scope ot the investigation by the refere$s. hereto appointed, it ia, therefore., · upon _mot1on of oo'Ull8el repre$enttns al.l of said defendants ordered, adjudged, decreed and declared: That Dillard Love. deoee.aed.and John B. Love deaeased, held by purchase under the: decree in the suit in equity referred to in the pleadings, ~aoh twQ"-twelfths of one-half o-r ~ne•twelfth of the Whole equitable estate in tee simple in the lands in dispu.te known ae 'the Speoulat1Gn tan<t.s, an.d oonveyed by :r .. B. sawyer, Clerk and Master to :r, R, l~ov.e, . deo.eaaed, tmder. the . p.·. rqvf.sions of_ :the deor~e .. in . said .. suit in equity,. an.d tha.t. said .·~J..lard .· Love GQnv. eyed his. intere..at. to said 1ohn 13,_ LOVe and that the sB.id inte.~est o:f John B,. tove :and the interest conveyed to him as aforesaid by Dillard Love are now held by the executors of John B. tove the defendants above namdd, All cases and authorities relied upon to cure any defects in this instrument or proceedings thereon or to support any proposition of law must

This 151-acre tract 226 in Cataloochee was owned by W. M. Hall. While, in general, the Great Smoky Mountains region was sparsely populated, the Cataloochee Valley remained an exception. By 1900, the population of Cataloochee had grown to 1,000 residents living in hundreds of log and frame homes. A few historic buildings have been preserved on site, including two churches, a school, several homes, and outbuildings. The North Carolina Park Commission was tasked with purchasing land for the Great Smoky Mountains National Park and people living in Cataloochee were among those displaced. Cataloochee families continue to return for annual reunions. In 2001, the National Park Service re-introduced elk into the valley.

• Creator
  • North Carolina Park Commission
  • Wilburn, Hiram Coleman, 1880-1967
  • Sloan, W. N.
  • Flaugh, Dianne L.
  • Palmer, Arlo
  • Unknown
• Format
  • Clippings (information artifacts)
  • Land surveys
  • Manuscripts (documents)
  • Maps (documents)
  • Photographs
  • Publications (documents)
• Type
  • Text
  • StillImage
• Date
  • Date original: 1875; 1928-1929; 1940; 2000; 2008-2009
  • Date digitized: 2015-09-22
• Extent
  • Dimension: 3" x 4"
  • Dimension: 11" x 8.5"
  • Pages: 141 pages
• Subject - Topic
  • Abstracts of title
  • Acquisition of property
  • Bodies of water
  • Dwellings
  • Government purchasing of real property
  • Lakes
  • Land titles -- North Carolina -- Cataloochee
  • Land titles -- Registration and transfer -- North Carolina -- Haywood County
  • Landowners -- North Carolina -- Haywood County
  • Maps
  • Real property -- North Carolina -- Haywood County -- Maps
  • Reports
  • Tourism -- Great Smoky Mountains (N.C. and Tenn.)
• Location
  • Haywood County (N.C.)
  • Great Smoky Mountains (N.C. and Tenn.)
• Source institution
  • Western Carolina University
• Source Collection
  • Cataloochee History Project; Historic Photographs Collection; Historic Structures Reports;
• Identifier
  • GSMNP_Cata-226
• Repository
  • Great Smoky Mountains National Park