Chas Newman, Agt. Complaint against Adm'r
The plaintiff complaining of the defendants, alleges:
1. That at the times hereinafter mentioned the plaintiff, Chas. Newman was doing a general mercantile business in the town of Enfield, NC, under the firm name and style of Chas. Newman, Agt.
2.That on the 12th day of January 1885, the plaintiff agreed to make advances of money and supplies to the defendant Noah Pridgen's intestate, and the defendant Geo. W. Pridgen, from time to time during said year to enable them to cultivate and harvest ther crops to be made on the lands of the said David Pridgen, in Edgecombe, adjoining the lands of R.D. Pittman, Sam Moore, Ben J. Lyon and others, to an amount not to exceed three hundred dollars,
3. That in order to secure the aforesaid advances, the defendant Noah Pridgen's intestate and Geo. W. Pridgen, made and executed to the plaintiff on the said 12th day of January 1885, and agricultural lien and chattel mortgage, whereby they gave the plaintiff a lien upon all crops to be raised by them on the aforesaid land during the said year and conveyed to him his heirs and assigns, one black horse named Dart, two pairs of cart wheels, and all rents due him with David Pridgen for said year 1885, which lien and mortgage was duly recorded in the Register of Deeds Office of Edgecombe County in book 59, at page 330.
4. That on the day of December 1885, the defendant Noah Pridgen's intestate and Geo. W. Pridgen was justly indebted to the plaintiff in the sum of $169.11, by virtue of said lien, agreement and mortgage and on said day the defendant Noah Pridgen's Intestate admitted said amount and account to be correct and due the plaintiff under said lien and mortgage, and locked and fastened up 200 bushels of cotton seed, 20 barrels of corn, 2100 lbs. of Fodder, and two pairs of Cart wheels, and delivered the key to same to plaintiffs agent, with instructions to sell the same, publicly or privately and apply the proceeds to plaintiff's debt of $169.11, all of which cotton seed, corn, and fodder was raised on the lands of said David Pridgen described in plaintiff's lien and mortgage, and all of the aforesaid property is described and covered by said lien and mortgage.
5. That in a few days after the delivery of said property to plaintiff's agent as aforesaid, the said David Pridgen, Geo. W. pridgen, G.A. Jones and his wife Caroline Jones and H. J. Weaver, unlawfully entered in and upon the premises of said David Pridgen and unlawfully took possession of all of said property, and unlawfully withholds the possession of the same or the proceeds thereof, from plaintiff to his damage $200.00 and therby forced the plaintiff to sue out the claim and Delivery papers herin for the recovery of the possession of said property, and by virtue of the flat issued in said proceedings the sheriff of Edgecombe County took from said defendants, the said 200 bushels of cotton seed, 20 barrels of Corn, 2100 lbs of fodder and two pair of cart wheels, whereupon the defendants gave a replevy bond for the same according to law in the sum of three hundred dollars with Lawrence Fountain as their surity and said property was redelivered to them, and they are now in possession of the same, or the proceeds thereof.
6. That said property was reasonably worth on hundred and fifty dollars.
7. That since the commencement of this action the said David Pridgen, died domiciled in Edgecombe County, and the defendant Noah Pridgen duly qualified as administrator upon his estate, and is now such administrator.
8. That no part of the said $169.11 has been paid, and there is now due the plaintiff the sum of $169.11 with interest from the first day of December 1885, by the defendant Noah Pridgen's Intestate and Geo. W. Pridgen.
Wherefore the plaintiff demands judgment against the defendants Noah Pridgen administrator of David Pridgen, and Geo. W. Pridgen for the sum of $169.11 with interest from the first day of December 1885, till paid, and costs
2nd. Against all of said defendants for the possession of said property, and that the same be sold, to satisfy plaintiff's claim.
3rd. For such other and further relief as may be just and proper and the nature of the case may demand and for costs.
Chas Newman the plaintiff above named being duly sworn deposes and says:
that the allegations of the foregoing complaint are true of his own knowledge, except those therein stated on information and belief and as to those he believes it to be true.
Sworn to and subscribed before me
Jno.J. Robertson, Notary Public