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Complaint
Superior Court
Spring Term 1876
Caswell County
A. H. W. Pattillo1 admin de bonis }
non cum test annexo of Thomas Bigelow, Dec’d }
} Complaint
Against }
}
Daniel Penson, Deft. }
The plaintiff complains and alleges:
I. That on the 9th day of June 1873 Thos Bigalow sold to the defendant a track of land situated in Caswell County on County line? ___ adjoining the land of Ike S___ ,T.D. Johnston and others for the sum of _____ dollars, due by installments.
II. That Thos Bigalow is dead. That he made a will, which was duly proven in which Brice Harralson was executor.
III. That Brice Harralson is dead leaving no will.
IV. That the plantiff has been duly appointed administrator de bonis non cum test annexo on the estate of Thomas Bigelow.
V. That the defendant and D. Penson Jr. covenanted under their hands and seals on the 9th day of June 1873 to pay to Thomas Bigalow the sum of one thousand and forty two /47 dollars the defendant payment for the said land.
VI. That Thomas Bigalow obligated himself to make execute and deliver title to the defendant for said land upon the payment of the purchase money.
VII. That the plantiff has ___ and now is ready make execute and deliver title to the defendant for said land.
VIII. That the said sum of one thousand and forty two /47 dollars nor any part thereof has been paid to the testator, or B Harralson Exec. or the plantiff by the defendant or his c_____.
Therefore, the plantiff demands judgment against the defendant for the sum of one thousand & forty two 47 dollars with interest on the sum from the 1st day of January 1875 till paid. That in case the said judgment is not otherwise satisfied that the said land be sold under an order of court for the payment of the same.
W ______ attorney for plantiff
____________________________
1An executor differs from an administrator in that he or she is named in the decedent's will to manage the
estate. If an executor dies while performing these duties, a court will appoint an administrator de bonis non
cum testamento annexo (Latin for "of the goods not (already) administered upon with the will annexed") to
complete the distribution of the decedent's estate. This term is often abbreviated: administrator d.b.n.c.t.a.
Spring Term 1876
Caswell County
A. H. W. Pattillo1 admin de bonis }
non cum test annexo of Thomas Bigelow, Dec’d }
} Complaint
Against }
}
Daniel Penson, Deft. }
The plaintiff complains and alleges:
I. That on the 9th day of June 1873 Thos Bigalow sold to the defendant a track of land situated in Caswell County on County line? ___ adjoining the land of Ike S___ ,T.D. Johnston and others for the sum of _____ dollars, due by installments.
II. That Thos Bigalow is dead. That he made a will, which was duly proven in which Brice Harralson was executor.
III. That Brice Harralson is dead leaving no will.
IV. That the plantiff has been duly appointed administrator de bonis non cum test annexo on the estate of Thomas Bigelow.
V. That the defendant and D. Penson Jr. covenanted under their hands and seals on the 9th day of June 1873 to pay to Thomas Bigalow the sum of one thousand and forty two /47 dollars the defendant payment for the said land.
VI. That Thomas Bigalow obligated himself to make execute and deliver title to the defendant for said land upon the payment of the purchase money.
VII. That the plantiff has ___ and now is ready make execute and deliver title to the defendant for said land.
VIII. That the said sum of one thousand and forty two /47 dollars nor any part thereof has been paid to the testator, or B Harralson Exec. or the plantiff by the defendant or his c_____.
Therefore, the plantiff demands judgment against the defendant for the sum of one thousand & forty two 47 dollars with interest on the sum from the 1st day of January 1875 till paid. That in case the said judgment is not otherwise satisfied that the said land be sold under an order of court for the payment of the same.
W ______ attorney for plantiff
____________________________
1An executor differs from an administrator in that he or she is named in the decedent's will to manage the
estate. If an executor dies while performing these duties, a court will appoint an administrator de bonis non
cum testamento annexo (Latin for "of the goods not (already) administered upon with the will annexed") to
complete the distribution of the decedent's estate. This term is often abbreviated: administrator d.b.n.c.t.a.
Answer
Superior Court
Caswell County
A. H. W. Pattillo1 admin de bonis }
non cum test annexo of Thomas Bigelow, Dec’d }
} Answer
Against }
}
Daniel Penson }
The defendant Daniel Penson for answer to the complaint avers:
I. Says – That the allegations contained in Art I of the complaint are not true.
II. That Art. II, III & IV as stated in the complaint are true.
III. That the allegations contained in Art. V of the complaint are not true.
IV. That Art. VI is true.
V. That Art. VII is not true.
For a defense
Caswell County
A. H. W. Pattillo1 admin de bonis }
non cum test annexo of Thomas Bigelow, Dec’d }
} Answer
Against }
}
Daniel Penson }
The defendant Daniel Penson for answer to the complaint avers:
I. Says – That the allegations contained in Art I of the complaint are not true.
II. That Art. II, III & IV as stated in the complaint are true.
III. That the allegations contained in Art. V of the complaint are not true.
IV. That Art. VI is true.
V. That Art. VII is not true.
For a defense
I. This defendant says that about the 1st of Sept 1872, he purchased of Thos Bigelow Dec’d a tract of land at the price of $3,250 /00 and paid at that time five dollars as a front (?) payment and on the 1st of June 1873 the defendant entered into possession of said land. That on or about the 1st of April 1873, the defendant paid the further sum of $100, and on the 9th of June 1873, the defendant paid to said Bigelow the further sum of $2,415 /00. That there still remained due a part of the purchase money and to this amount the said Bigelow added the interest at the rate of twelve percent on the said $3,245 /00 from the 1st of Jan 1873 to the 9th of June 1873, deducting ___ from this the payment of $100, and the interest for about one month for the same rate, and then to this amount he added interest at the rate of ten percent from the said 9th of June 1873 to the 1st of Jan 1875 and required the defendant to execute his bond for the same.
II. This defendant insists that the ____ bond ____on is usurious and therefore void for the reasons stated in the last Art. of this Answer, as by the law of this State at that time no greater rate of interest than six percent per annum could be exacted upon contracts of this notice.
____________ Defendant’s attorney
____________________________
1An executor differs from an administrator in that he or she is named in the decedent's will to manage the
estate. If an executor dies while performing these duties, a court will appoint an administrator de bonis non
cum testamento annexo (Latin for "of the goods not (already) administered upon with the will annexed") to
complete the distribution of the decedent's estate. This term is often abbreviated: administrator d.b.n.c.t.a.
____________ Defendant’s attorney
____________________________
1An executor differs from an administrator in that he or she is named in the decedent's will to manage the
estate. If an executor dies while performing these duties, a court will appoint an administrator de bonis non
cum testamento annexo (Latin for "of the goods not (already) administered upon with the will annexed") to
complete the distribution of the decedent's estate. This term is often abbreviated: administrator d.b.n.c.t.a.
Judgment
In the Superior Court
Fall _. 1876
Caswell County
A. H. W. Pattillo1 admin de bonis }
non cum test annexo of Thomas Bigelow, Dec’d }
} Judgment
vs. }
}
Daniel Peirson, Def’t }
This Action having ___ a trial by a jury and the jury having returned a Verdict in favor of this plantiff & against the Defendant, and having found in this verdict that the balance due on this bond sued on is six hundred & eighty-nine 84/ dollars (689.84) and that it is for the balance of the purchase money of the land mentioned in the pleadings, of which sum six hundred & eighty-eight 56/ dollars is the balance of ___ ____ money. It is on motion of ____ & ____, ordered that the plantiff recover of the defendant the sum of six hundred and eighty nine /84 dollars with interest on six hundred & sixty eight /56 dollars from 1st Octo 1876 with costs of action.
It is ordered adjudged and decreed that upon payment of the said ___ & costs of this action, the plantiff A.H.W. Pattillo as administrator of Tho Bigalow execute & deliver unto Daniel Penson, a proper deed in fee simple for said track of land. It is further ordered that, if said sum be not paid, on or before the 15th day of December 1876, that R. B. Wate(?) com_____ of this Court, sell said land in Yanceyville at this Court House door, at public auction, for cash. After having advertised this sale for at least thirty days, at this Court house door & four other public places in said county. And upon payment of this purchase money, that he execute & deliver deed to this property in fee simple ___ ___ - and out of this proceeds of said sale, he first pay off ___ by this judgment or ____ as may than be due with this costs of this action & with __ to com___ of sale, and this balance, if any he pay to the said Daniel Penson or his heirs and report his proceedings this next term.
J ______
Judge Presiding
____________________________
1An executor differs from an administrator in that he or she is named in the decedent's will to manage the estate. If an executor dies while performing these duties, a court will appoint an administrator de bonis non cum testamento annexo (Latin for "of the goods not (already) administered upon with the will annexed") to complete the distribution of the decedent's estate. This term is often abbreviated: administrator d.b.n.c.t.a.
