Rutherford County Estates 1802-1968 Cr. 085.58.87 Lewis Scoggin 1878
January 9th 1879. Received of A. J. Scoggin Adm. of Lewis Scoggin Deceased and Commissioner for the sale of the lands of Lewis Scoggin Deceased Sixty dollars in full of my medical account against Said Lewis Scoggin Dec. O. Alexander
Recd of A. J. Scoggin Admr of Lewis Scoggin decd for Petition 10 afdt Letters p1. $1.35 Decm 10th 1877 M. O. Dickerson Judge of Probate
The heirs of land of Lewis Scoggin Costs Exparte Dickerson Clk
Petition $1. bond 50 $1.50 2 afdts 50. Judgt final $1.50 Postage 12 $3.12 Recd the above costs of $3.12 of A. J. Scoggin Commission Decm 28th 1878 M. O. Dickerson Clk
There is a stamp above the next transaction, it has the following Company name and address: JOHN R. NAGLE & CO. No. 524 Market Street, Philadelphia, Pa.
Received of A. J. Scoggin Commission for the sale of the land of the heirs of Lewis Scoggin deceased. Sixteen Dollars for legal services in the proceeding in the Superior Court of Rutherford County for the sale of said lands. Dec. 28th 1878 Justice o JUstice Attos
Jan 9th 1877 Recd of A. J. Scoggin Adm of Lewis Scoggin Deceased Commissions for the sale of the lands of Lewis Scoggin Dec Four of 25/100 Dollars in full of my medical and against said Lewis Scoggin Dec. W. P. Andrews
Received of A. J. Scoggin Admn of Lewis Scoggin deceased fifty cents for Services as clerk of Sale Jan 8th 1878 B. F. Blanton
Received of A. J. Scoggin Adm of Lewis Scoggin Dec. for the year 1877. State 47cts County 78 cts total $1.25 This Feb 4, 1878 S. R. Long TC by J. M. Gover DC
The heirs of Petition for the Lewis Scoggin sale of land Exparte Recd of A. J. Scoggin com. twenty five cents for Probate of decd to John McSwain Jany 4th 1879 M. O. Dickerson Judge of Probate
(Note from transcriber: I believe there is some text missing from file. The next word, that starts in the next paragraph below, is in small letters. Also, there are numbers attached to some of the sentences, making it apparent to me, 1st, 2nd, 3rd, 4th, .5th, 6th and 7th facts are missing.)
defendant & Martin Walker & Nathan Scoggin above mentioned
8th Plaintiff has been damaged by said ______ to pay him & the breach of said bond in the sum of Thirty six dollars & forty three cents ($36.43) & interest herein from the 23d of January 1879, this date being the time when the sum in defendants hands for devision among the heirs of Lewis Scoggin was ascertained. 9th The Following is a copy of the bond referred to in the foregoing dues. to wit "North Carolina Rutherford County, In the Probate Court Decr 8-1877. Know all men by these presents that we the undersigned are held & fully bound unto the state of North Carolina in the sum of four hundred dollars to be devided of our goods & shelters, land & tenements, to the payment whereof we find ourselves, our heirs, executors administrators & assigns finally by these presents. The conditions of this obligation is such that whereas A. J. Scoggin has been appointed commissioner to sell the land of Lewis Scoggin deceased Now if said A. J. Scoggin shall and & truly perform the duties of said office of commissioners and shall pay the money arising from said sell as directed by the court then this obligation to be null otherwise to remain in full force given under our hands & seals this Dec 8th 1877 Signed A. J. Scoggin (Seal) Martin Walker (Seal) Nathan Scoggin (Seal) Wherefore plaintiff demands judgment for the sum of Four hundred dollars; the same to be satisfied in payment of his actual damages sustained as above stated & the costs of this action L. F. Churchill Atty
North Carolina & Joseh Scoggin vs A. J. Scoggin
A. J. Scoggin Adm. of Lewis Scoggin Final Settlements 6th Dec For amount sale bill 8th Jany 1878 an six months ____ $41.23 Interests for six months 1.23 By M. O. Dickerson recpt 1.35 By B. F. Blanton recpt .50 By Part O. P. Gardners recpt 35.49 By Commissions allowed are $84.92 cts at 5 pr cent 4.44 Paid for final settlement .68 $42.4642.46
A. J. Scoggin Adm. Sworn to audited & approved Jany 23. 1879 M. O. Dickerson Judge of Probate
Pg 104 A. J. Scoggin Admn of Lewis Scoggin Final Settlements Jany 23. 1879 Recorded
A. J. Scoggin commissioner to sell the lands of Lewis Scoggin decd Final Settlements 6th Dec
To Amounts of sale of land $473.80 of which paid down 47.80 Balance of purchase 426.00 interest same collection 24.98 By Justice & Justice recpt $16.00 M. O. Dickerson recpt 3.37 Tax recpt for 18781.25 Paid tax rect for 1876 1.25 W. P. Andrews bill 4.25 O. P. Gardners bill balance24.51 Allowance to commissions 10.00 $60.63 $498.78
A. J. Scoggin Com. Sworn to before me audited and approved. Jany 23d 18979 M. O. Dickerson Clerk Supr Court
pg 104 A. J. Scoggin Court Final Settlement Jany 23 1879 Recorded
North Carolina Superior Court Rutherford County Spring Term 1881
State of North Carolina & Joseph Scoggin vs A. J. Scoggin
Defendant answering complaint says - 1 That allegations in first paragraph of complaint are not denied - 2 That allegations in second paragraph are not denied 3 Allegations in third clause of complaint are not denied 4 Allegations in 4th paragraph are not denied 5"" 5th"""" 6 The defendant further answering complaint says - that he has paid plaintiff his full share of said estate partly by property bought by him at the sale and further by counter claims defendant hold against plaintiff - Defendant charges that on account of certain transactions between the said parties plaintiff is largely indebted to defendant. in a sum from two to three hundred dollars 7 The Clause of complaint is denied 8 The 8th clause of complaint is denied - This defendant is willing and ready to come to a fair settlement believing such settlement would result in the defendants favor. 9 This defendant in not prepared to say whether the copy of the bond be correct or not
Wherefore defendant demands Judgement for the sum of two hundred dollars & costs and any further sum that upon a fair settlement of the matter may be found due to this defendant Justice & Justice Attos for Deft
North Carolina for Joseph Scoggin vs A. J. Scoggin Answers
North Carolina Superior Court Rutherford County of Fall 1881
NC for Jos. Scoggin vs A. J. Scoggin A. J. Scoggin files amendment to his answer & sets faith - 1 That his counter claims____ to some two hundred or two hundred fifty-dollars against plaintiff and is considerably more than he claims to be due him from eft - That said _____ claim arises are contract to pay money had and received by pltf for dft. use, collected by pltf as deputy tax collector for Rutherford County. An account will be necessary to as - certain the exact amount Deft pays for judgt against plaintiff for balance of his counter claim found due above plaintiffs claim - M. H. Justice Atty for Dft.
N.C. for Jos Scoggin vs A. J. Scoggin Amendment to Answer
North Carolina Superior Court Rutherford County Fall Term 1881 North Carolina for Joseph Scoggins vs A. J. Scoggins Plaintiff replying to defendants answer and amended answer says. 1st That Defendant has not paid plaintiff his full share of said estate partly by property bought by him at the sale, & plaintiff denies that he owes defend any thing for property so bought & says that more than three years have elapsed since he promised to pay defendant any thing for such property & that if defendant ever had any claim therefore against plaintiff it is barred by the statute of limitations & lapse of time. 2d Plaintiff is advised & believes that the claim made by defendant for purchase of property is not a proper payment of the plaintiffs demand & so especially pleads. 3d Plaintiff denies that he owes defendant any thing on account of the alleged counter claim arising out of their transactions in the collection of taxes: & plaintiff answers that he has overpaid what was justly due him on this account & defendant is indebted to plaintiff for a considerable sum thus over paid - Plaintiff denies that there is any necessity for an account to be taken in this suit: & answers that he has often & urgently demanded of defendant that they come to a settlement of the matter & defendant has refused. Plaintiff answers that more than three years have elapsed since he promised to pay any thing to defendant on account of the alleged counter claim or tax collecting account & the same is barred by the lapse of time & the statute of limitations. 4th Plaintiff is advised & believes that the sd alleged counter claim is not properly & legally a counter claim against plaintiff's demand & so is specially pleads. L. F. Churchill Atty for Pltff.
N. Carolina for Jos. Scoggin vs A. J. Scoggin Reply Churchill. Atty for Pltff
North Carolina Superior Court Rutherford Co. Fall Term 1881 North Carolina for Joseph Scoggin vs A. J. Scoggin December Plaintiff answers to the answer of Defendant & for cause of demeanor says. That the plea of payment is not sufficiently explicit in that it does not show what plaintiff bought at the sale - does not show what sale & does not show in what capacity defendant claims any money on account of sale. 2 And for further cause of demeanor plaintiff says that the alleged counter claim is not sufficiently specified or shown - and in what capacity defendant claims said counter claims, that is whether the same are claimed to be due from plaintiff to defendant as commission to sell the land as set out in complaint, or individually.
N.C. for Jos Scoggin vs A. J. Scoggin Deminer L. F. Churchill Atty
North Carolina In the Superior Rutherford County Court Fall Term 1882 North Carolina & Joseph Scoggin vs Judgement for Pltff. Andrew J. Scoggin At a Superior Court held at the Court House in Rutherfordton on the 20th day of November 1882 Present: Hon Jesse F. Graves Judge. This action having been begun by summons on the 3d day of November 1880 - A motion now being made by M H Justice counsel for defendant - for a reference to take an account of the counter claim set up in the answer and amended answer & it appearing to the court that said counter claims are not a legal or proper counter claims against plaintiffs demand & the plaintiff admitting payment of his claim to the extent of nine dollars which sum is admitted by the defendant to be the amount due him from plaintiff Jos. Scoggin by reason of his purchases at the sale, - The said motion to refer is overruled & Now on motion of L. F. Churchill counsel for plaintiff it is alleged that plaintiff have & recover judgement against the defendant Andrew J. Scoggin for the bond set out in the complaint for the sum of Four hundred the same to be satisfied on payment of thirty three dollars & seventy one cents ($33.71/100) & interest on twenty seven dollars & forty three cents ($27.43/100) from the 20th day of November 1882 till paid & costs of this action. J. F. Graves Judge Preciding
North Carolina & Jos. Scoggin vs A. J. Scoggin Judgement
State of North Carolina Superior Court Rutherford County Fall Term 1880 State of North Carolina & Joseph Scoggin vs Andrew J. Scoggin
Plaintiff Joseph Scoggin complaining alleges: 1st That in November 1877 in the Superior Court of Rutherford County before the clerk. The heirs of Lewis Scoggin deceased, to wit the present plaintiff & defendant and others filed their Exparte petition setting forth that descendant Lewis Scoggin had left certain lands which had descended to the petitioners as his heirs at law and praying for sale of said lands & divisions of the proceeds of sd sale when made among the parties petitioners after costs of suit & expenses of sale had been paid; as will fully appear by reference to the said petitioner now in custody of the clerk of this Court as part of the records of sd suit. 2nd In Nov. 1877 a Decru/Decree was made in said suit ordering that the lands mentioned in the petition should be sold on certain terms therein set forth and that the proceeds of the sale after paying costs & expenses of sale, should be divided among the petitioners according to their interests as set forth in the petitions; and the defendant was appointed commissioner to make the said sale; pay costs & expenses of sale & divide the balance of the purchase money as above stated; & he, the defendant, was further required to file bond in the usual form in the sum of four hundred dollars before entering upon his duties as commissioner. All this will more fully appear by reference to said Deced which is part of the record of said suit. 3d Defendant accepted the said appointment of commissioner gave the required bond request by himself, Martin Walker, Nathan Scoggin, which is also referred to as part of the records in said suit. & to be taken as part of this complaint. 4th Defendant as commissioner aforesaid proceeded to make sale of the lands mentioned in the petition which sale was duly confirmed and realized out of said sale the sum of four hundred & ninety seven dollars & eighty cents ($497.80) and paid costs & expenses of sale out of said sum, Sixty dollars & sixty three cents, and had left in hand for divisions among the petitioners the sum of Four hundred & thirty seven dollars & seventeen cents ($437.17) as will more fully appear by the records above mentioned. 5th Plaintiff is entitled to one twelfth (1/12) part of said last named sum as will appear by reference to the petition for sale & other records in said suit. 6th After said moneys come to defendants hands & before bringing this suit plaintiff more than once demanded of defendant payment of his said share of said proceeds of sale &the defendant as often & at all times refused & refuses to pay the same or any part. 7th The refusal to pay plaintiff his share of said moneys is a breach of the bond given by.
Sale Bill of Personal Property of Lewis Scoggin Dec. by A. J. Scoggin Administrator. January 8, 1878 on a credit of Six months with interest $cts B. S. Green 1 Hand Saw 1.55 Julia Scoggin 2 Pans & lid .25 ""1 Pot oven & lid .25 ""1 half bushel & iron .45 Martha Wells 1 spice Mortor .26 Julia Scoggin 1 lot Sundries .25 Edward Goode 1 cupboard 1.00 Julia Scoggin 1 Table & 1 churn .25 ""1 Spinning Wheel .25 Edward Good 1 Side Saddle .30 Julia Scoggin 1 Wash pot .80 J. B. Gillespie 1 Candle Stand .55 Dorah Scoggin 1 Bead Stead & furniture 3.25 Edward Goode 1 Table .75 Julia Scoggin 1 Bursean 5.00 Wm Scoggin 1 Book case 6.00 J. B. Gillespie 1 Table .30 Julia Scoggin 3 Chairs 1.25 N. Scoggin 1 Yearling 4.25 Joseh Scoggin 1 Cow 11.50 Julia Scoggin 1 Set andirons .25 W. J. Hicks 1 Book Essays on Sabbath .25 J. L. McDaniel 1 Book. Richard __ .50 W. J. Hicks 1 Book .52 J. L. McDaniel 1 " .35 J. B. Gillespie 1 " on Mart/Mort. .30 J. W. Scoggin 1 " .35 Wm Scoggin 1"Calculator .25 Total $41.23 A. J. Scoggin Adm. Sworn to before me & subscribed Feby 2cd 1878 M. O. Dickerson Judge of Probate
547 A. J. Scoggin Adm of Lewis Scoggin Inventory Filed 2cd Feby 1878 Recorded on pg 547