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Estate of WILLIAM A. GREEN- 1885

*Note: It appears that throughout most of the records in this action, one of the petitioners, CHARLES ALSTON, was erroneously referred to as "Charlotte Alston" "Charles Green".

Warren County in the Superior Court

Jacob E. Davis, in his own right, & wife Bettie E. Davis, Walter Sneed & wife, Sallie Bet Sneed, Harrison Alston & Charlotte Alston*

Against

Pilot Green, Jim Tom Green and Wm. A. Green


The State of North Carolina
To the Sheriff of Warren County Greetings
You are Hereby commanded to summon PILOT GREEN, JIM TOM GREEN and WM. A. GREEN.

The Defendants above-named, if they be found within your County, to appear before the Clerk of the Superior Court for the County of Warren at his office in Warrenton on the 25th day of Oct. 1907, and answer the Petition which will be deposited in the office of the said Clerk of the Superior Court of said County within ten days after the issuing of this summons. And 1st them take notice, that if they fail to answer said Petition for Partition within the time prescribed by law the Plaintiffs, will apply to the Court for the relief demanded in the Petition for Partition of land described in complaint the day filed.
Hereof fail not, and of this summons make due return.
Given under my hand and seal of said Court, this 14th day of Oct. 1907.

J. R. RODWELL
Clerk Superior Court Warren County

-----------------------------
A)
Jacob E. Davis & Others
Against
Pilot Green & Others

Summons for Relief
Returnable on the 25th day of Oct 1907, into the office of the Clerk of the Superior Court for Warren County.

Received Oct. 14th, 1907
Served Oct. 15th, 1907
by voiding the within summons to Pilot Green, Jim Tom Green & William A. Green in Warren Co.,NC

R.E. DAVIS, Sheriff of Warren County.

----------------------------
North Carolina
Warren County

In the Superior Court Before Clerk
Petition for Partition

Jacob E. Davis & wife Bettie E. Davis
Walter Sneed & wife, Sallie Bet Sneed
Harrison Alston and Charles Alston*
vs
Pilot Green, Jim Tom Green and William A. Green

To the Superior Court of said County; The petitioners complain and allege-
1- That they are tenants in common and are seized in fee and are in possession of the following described lands lying and being in the County of Warren and State aforesaid and in Fork Township of said County and bounded as follows;
On the North by lands of LOVETT ALSTON formerly known as ELIZA GREEN tract, on East by land of PILOT GREEN and WILLIAM A. GREEN on the South by land of Sheriff ROBT. E. DAVIS and on the West by land of JIM TOM GREEN and containing 40 acres more or less and known as the AMANDA GREEN tract.

2- That the interest of the Petitioners in said lands is as follows: JACOB E. DAVIS in his own right by deed dated 7th September 1906 from PILOT GREEN, JIM TOM GREEN, WILLIAM A. GREEN, Registered in Warren County Book 73 Page 338 for 7/20 seven twentieth l of said tract land.
BETTIE E. DAVIS is owner of one sixth (1/6) interest and that the said interest of BETTIE E. DAVIS wife of JACOB E. DAVIS be allotted as near or adjoining if practicable with that of JACOB E. DAVIS.
CHARLES GREEN* is owner of one sixth (1/6) interest.
SALLIE BET SNEED wife of WALTER SNEED entitled & owner of one twelfth (1/12) interest, HARRISON ALSTON is owner one twelfth (1/12) interest the latter parties HARRISON ALSTON & SALLIE BET SNEED desire that their interests be alloted together.
PILOT GREEN owner (1/20) one twentieth interest.
JIM TOM GREEN owner (1/20) one twentieth interest.
WILLIAM A. GREEN owner (1/20) one twentieth interest.

That said parties plaintiffs desire & sealed their shares in severalty as is above dated
Wherefore your petitioners pray that you will appoint three commissioners to divide said lands in proportion to the rights of each party is as their shares may be by proper meets and bounds and allot each Petitioner such share as they may be entitled to; and if an equal division can not otherwise be made their to charge the ever valuable dividend with such sums as they shall judge necessary to be paid to the dividees of inferior value in order to make the division equal and report their proceedings under their hands & seals as soon as practicable into your Court.

R. A. HAWKINS
Atty for Pltffs

This 14th day October 1907


Filed Oct. 14, 1907
J.R. RODWELL, CSC

North Carolina
Warren County

I, JACOB E. DAVIS, one of the above petitioners, make oath that the facts set forth in the foregoing Petitions are true of his own knowledge, except those stated on information and belief, and as to those he believes them to be true. So help me God.

[signed] JACOB E. DAVIS
Subscribed & sworn
to before me, Oct. 17, 1907
J.R. RODWELL, CSC

By consent of all parties this cause is continued till Friday Nov. 11th 1907. This Oct 25th 1907.

J. R. RODWELL, CSC
 

State of North Carolina
Warren County

In the Superior Court, Before the Clerk

JACOB E. DAVIS and Wife, BETTIE E. DAVIS,
WALTER SNEED and wife, SALLIE BET SNEED,
HARRISON ALSTON and CHARLES ALSTON*.

Vs

PILOT GREEN, JIM TOM GREEN and WILLIAM A. GREEN.

(Answer)

The Defendants in the above entitled Special Proceeding, for answer to the petition of the Plaintiffs, say:
1st. That the allegations contained in Section 1st of the Petition are not true.
2nd. That the allegations contained in Section 2nd of the Petition are not true.

Wherefore, the Defendants having fully answered the Petition or Complaint of the Petitioners, pray that they go hence without day and recover of the Petitioners their costs of suit.

TASKER POLK,
ATTY for Defts.


State of North Carolina
Warren County

PILOT GREEN, one of the Defendants in the above entitled action or Special Proceeding, being duly sworn, says that the foregoing answer is true of his own knowledge, except as to those matters stated on information and belief, and as to those matters he believes it to be true.
Sworn to and subscribed before me
this the 8th day of Nov. 1907.
J.R. RODWELL, CSC

[signed] PILOT GREEN ["X" his mark]

===============================================
State of North Carolina
Warren County

In the Superior Court, Before the Clerk

JACOB E. DAVIS and wife, BETTIE E. DAVIS,
WALTER SNEED and wife, SALLIE BET SNEED,
HARRISON ALSTON and CHARLES ALSTON*.

Vs

PILOT GREEN, JIM TOM GREEN and WILLIAM A. GREEN

(Answer)

W. H. PRIDGEN comes into Court and by leave of the Court makes himself a party Defendant to the above entitled action, and, for answer to the Complaint or Petition of the Petitioners, says:

1st. That the allegations contained in Section 1st of the Petition are not true.

2nd. That the allegations contained in Section 2nd of the Petition are not true.

And for further answer to said Complaint or Petition the Defendant PRIDGEN says:
1st. That sometime prior to January 1st 1885, one BILLY GREEN, who was the father of the Petitioners BETTIE E. DAVIS and of the Defendants PILOT GREEN, JIM TOM GREEN and WILLIAM A. GREEN and Grandfather of the Petitioners SALLIE BET SNEED, HARRISON ALSTON and CHARLES ALSTON, died intestate, domiciled in said Warren County, seized in fee-simple and in possession of a certain tract of land in said County, containing 371 acres, of which said tract the 40 acres described in the Petition herein are a part; that on the said 1st day of January 1885 the taxes upon said 371 acres of land for several years were due and unpaid, and, on said day, N. R. JONES, former Sheriff of said County, sold said 371 acres of land for said taxes according to law, and H. B. HUNTER, B. M. COLLINS and J. H. MAYFIELD became the lawful purchasers thereof and received from said Sheriff a Deed therefore, which said Deed is registered in the Office of the Register of Deeds for said Warren County in Book 50, page 748; that afterwards, to wit, on the 7th day of January 1888, said H. B. HUNTER, B. M. COLLINS and J. H. MAYFIELD sold and conveyed said 371 acres to said JACOB E. DAVIS one of the Petitioners herein, by Deed in fee-simple, which said Deed is registered in the Office of the Register of Deeds of said County in Book 55, page 461; that said JACOB E. DAVIS and BETTIE E. DAVIS, his wife, on the 29th day of January 1889, sold and, by their Deeds in fee-simple, conveyed 69 acres of said land to the Defendant WILLIAM A. GREEN, and 69 acres thereof to the Defendant PILOT GREEN, and 48 acres thereof to the Defendant JIM TOM GREEN, which said Deeds are registered in the Office of the Register of Deeds of said County in Book 53, page 864, Book 53, page 865, and Book 54, page 26 respectively; that on the 25th day of March 1891 said JACOB E. DAVIS and BETTIE E. DAVIS, his wife, by their Deed of Trust, conveyed to E. S. ALLEN, Trustee, 14 acres of said 371 acres, describing said 14 acres by metes and bounds, which said Deed of Trust is registered in the Office of the Register of Deeds of said County in Book 55, page 458; that on the 22nd day of July 1895 said Trustee, default having been made in the payment of the debt secured in the Deed of Trust, advertised and sold the land therein conveyed, according to the terms of said trust, an executed and delivered to R. D. FLEMING, the purchaser at said sale, a Deed in fee-simple for said 14 acres of land, which said Deed is registered in the Office of the Register of Deeds of said County in Book 60, at page 445; that the said R. D. FLEMING, by his last Will and Testament, which is recorded in the Office of the Clerk of the Superior Court of said Warren County in Book of Wills No. 3, on page 494, devised said land to his wife, A. V. FLEMING, for her life, and that thereafter, to-wit, on the 17th day of February 1900, W. B. FLEMING and others, owning the remainder estate in said land after the expiration of said life estate, conveyed all their right, title and interest in and to said land to said A. V. FLEMING by Deed which is registered in the Office of the Register of Deeds of said Warren County in Book 63, page 650; that on the 12th day of January 1907, said A. V. FLEMING, by her fee-simple Deed, conveyed said 14 acres of land to the Defendant, W. H. PRIDGEN, which Deed is registered in the Office of the Register of Deeds of said County in Book 74, page 530, and that al of said Deeds referred to in this answer will be read in evidence, if during the hearing of this Cause it should be necessary or proper so to do.
2nd. That said PRIDGEN is sole owner in fee and in possession of said 14 acres of land.
Wherefore, the Defendant PRIDGEN having fully answered the Petition or Complaint, prays that he go hence without day.

TASKER POLK
Atty for Deft. PRIDGEN

----------------------------
State of North Carolina
Warren County

W. H. PRIDGEN, one of the Defendants in the above entitled action or Special Proceeding, being duly sworn, says that the foregoing answer is true of his own knowledge, except as to those matters stated on information and belief, and as to those matters he believes it to be true.
[signed] W. H. PRIDGEN

Sworn to and subscribed before me this the 11 day of Nov. 1907.

J. R. RODWELL, CSC

Filed Nov. 11 1907
J.R. RODWELL, CSC
 


JACOB E. DAVIS, et al
Vs
PILOT GREEN, et al

Answer of W. H. PRIDGEN

North Carolina
Warren County

In Superior Court, Before the Clerk

JACOB E. DAVIS & Others
Vs
PILOT GREEN & Others

This causes coming on for hearing before the undersigned Clerk of the Superior Court of said County, on the 11th day of Nov. 1907, and after hearing the Complaint of the Plaintiffs and the Answers of the Defts. It appearing to the Court, that issues of fact, are raised by the pleadings and joined before the Clerk, the same is hereby transferred to Civil Issue docket of the Superior Court of said County for trial at Feby. Term 1908.

J. R. RODWELL
Clerk Superior Court
 


North Carolina
Warren County

In the Superior Court, before the Clerk

JACOB E. DAVIS and others
v
PILOT GREEN and others

(Answer to Defendant W. H. PRIDGEN)

The plaintiffs for answer to the answer to the petition in this proceedings filed, wherein the defendant W. H. PRIDGEN alleges that he is entitled to the possession of fourteen acres of the land described in the petition in this proceedings, says-

(First) The plaintiff JACOB E. DAVIS denies that said W. H. PRIDGEN is entitled to the said fourteen acres of land described in the answer in this proceedings, as referred to by deed therein cited, dated Jan. 12th, 1907 and executed to said W. H. PRIDGEN by A. V. FLEMING.

(Second) The said JACOB E. DAVIS avers that he is now in possession of the said fourteen acres of land and has held the same under known and visible boundries and under colorable title for seven years before the said W. H. PRIDGEN became a party to this, proceedings, and hereby pleads the seven year statute to the recovery of said W. H. PRIDGEN.

(Third) The plaintiff JACOB E. DAVIS further avers that he has uninterruptedly and continuously been in the possession of said fourteen acres of land for more than ten years prior to the commencing of this proceedings, and hereby pleads the ten year statute to the recovery of the said W. H. PRIDGEN.

Wherefore plaintiffs pray that the relative rights of all parties both plaintiff and defendant, be adjudged by the Court and for such other and further relief as will be just and proper.
R. A. HAWKINS
J. H. KERR
Pltffs. attys.


Filed Jany 21, 1908
J. R. RODWELL, CSC
 


Warren County - In the Superior Court
State of North Carolina

To the Sheriff of Warren County- Greeting: You are Hereby commanded to summon WYLIE WILLIAMS JR., HAYWOOD EVANS, and JAMES A. EVANS
if to be found in your County, personally to be and appear before his Honor, the Judge of our Superior Court at a Court to be held at the Court house in Warrenton on the 3rd Monday before the 1st Monday in March 1908, that is on Wednesday Feby. 12, 1908 then and there to testify in behalf of the Plaintiffs in a certain matter therein pending, wherein JACOB E. DAVIS & Others are Plaintiffs and PILOT GREEN & Others are Defendants.
Herein fail not at your peril.

Issued this the 1st day of Feby 1908.

J. R. RODWELL, Clerk.
----------------------

No. 44
JACOB E. DAVIS & Others
Against
PILOT GREEN & Others

SUBPOENA

For WYLIE WILLIAMS JR., HAYWOOD EVANS & JAS. A. EVANS.
To Feb'y Term, 1908
Warren Superior Court

Served on all
R. E. DAVIS, &al


-------------------
Warren County - In the Superior Court
State of North Carolina

To the Sheriff of Warren County- Greeting:
You are Hereby commanded to summon E. C. PRICE Deputy Register of Deeds.
If to be found in your County, personally to be and appear before his Honor, the Judge of our Superior Court at a Court to be held at the courthouse in Warrenton on the 13th day of Feb'y 1908, then and there to testify in behalf of the Defts. in a certain matter therein pending, wherein DAVIS & Others are Plaintiffs, and GREEN & Others are Defendants.
Herein fail not, at your peril
Issued this the 13th day of Feb'y 1908.

J.R. RODWELL, Clerk
 

JUDGMENT

DAVIS Against GREEN
Superior Court

JACOB E. DAVIS & Others
Vs
PILOT GREEN & Others

North Carolina
Warren County

Superior Court
February Term 1908

JACOB E. DAVIS and wife, BETTIE E. DAVIS, WALTER SNEED and wife, SALLIE BET SNEED, HARRISON ALSTON and CHARLES ALSTON, Plaintiffs.

Against

PILOT GREEN, JIM TOM GREEN, WILLIAM A. GREEN and W. H. PRIDGEN, Defendants.

This action coming on to be heard at said term of said Court before the Honorable O. H. ALLEN and a Jury, and being heard, and the following issues having been submitted to the Jury and answered by the Jury as follows, to wit:

JURY ISSUES:

Issues

1- Did JACOB E. DAVIS purchase the 40 acres tract of land described in the complaint on the "AMANDA GREEN Share" as trustee for the heirs of BILLY GREEN?

Answer- No

2- Did W. H. PRIDGEN purchase the 14 acres (a part of said 40 acres) with notice of said trust?
Answer- No

3- Has said DAVIS been in possession of said tract of land since he purchased the same.
Answer- No

4- Is W. H. PRIDGEN the owner and entitled to the possession of the 14 acres of land.
Answer- Yes

It is now by the Court, on motion of T. POLK, Attorney for the Defendants, considered, ordered, adjudged and decreed that the Defendant W. H. PRIDGEN is the owner in fee and entitled to the said 14 acres of land which was conveyed to said W. H. PRIDGEN by A. V. FLEMING by Deed dated January 12, 1907, and registered in the office of the Register of Deeds of said Warren County in Book 74, Page 530, and referred to in the answer of said W. H. PRIDGEN in said action.

And it is further ordered and adjudged by the Court that the Defendants recover of the Plaintiffs their costs of suit to be taxed by the Clerk.

O. H. ALLEN,
Judge

 

Notes: This was the estate of William A. Green, b. 1786/d.1867, son of Thomas & Priscilla Green, former slaves, later became Free Persons of Color. Names mentioned in this record: Jacob E. Davis was the husband of William's daughter, Bettie Green; Walter Sneed had married 2 of William's granddaughters: Mary Frances Green (dau/of James Thomas Green & Pennie Copeland) and then Sallie Bett Alston (dau/of Sallie Eliza Green & Lovett Alston). Harrison & Charles Alston were Sallie Bett's brothers; Amanda, Sallie Eliza, Bettie E.,  Pilot, Jim/James Thomas & William Alex Green were William's children. There was a son named Charles Green, however, he, as well as Amanda & Sallie Eliza, were already deceased at the time of this record. Jacob & Bettie Green- Davis left town shortly after these proceedings, having been the cause of great controversy within the family.
 

See also: images of various Green Family Records 

Allen Green Estate 

 

 

 

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