Henry Brendel Sr. Estate
Copies of the original documents have been obtained by Linda Banwarth on November 19, 1999, in person, from the North Carolina Archives, Haywood County Estates. Entire folder of Henry Brindle, 1871 consisting of 23 pages was copied. Submitted to Brendel Brendle Brindel Brindle Forum by Linda Banwarth - December 2, 1999.
Transcribed by Lorraine Adams Douglass. 22 of 23 pages transcribed. One page with the heading "State of North Carolina, Haywood County, March Term 1857" was illegible. Spelling and punctuation have NOT been CORRECTED.
This Indenture made the 17th day of April in the year of our Lord one thousand eight hundred and fifty seven between E. D. Brendle, J. D. Brendle, Joseph Brendle and Henry Brendle of the following states and counties. E. D. Brendle and Joseph Brendle of North Carolina and Haywood County and J. D. Brendle of Cherokee of North Carolina and Henry Brendle of the state of Georgia and Fannin County of the one part and J. N. Brendle of the other part of North Carolina and Haywood County. Witnesseth that the said Brendles for and in consideration of the sums of One hundred Dollars to each of them in hand paid by the said J. N. Brendle the right whereof the said Brendles doth hereby acknowledge hath given granted bargained and sold all (illegible) and confirmed and by these presents doth give grant bargain and sell alien and confirm unto the said J. N. Brendle his heirs and assigns for ever all that tract or tracts of land piece or parcel of land situate lying Beginning at Spanish oak near the edge of the road and thence running South 132 poles to a hicory thence West 133 poles to a large Chestnut thence North 12 degrees West 20 poles to a stake near the head of a branch thence North 33d West 26 poles to a beach thence North 20 poles to a white oak near the stake road thence North 12 West 75 poles crossing the creek to a chestnut on the side of a ridge thence West five poles to a hicory thence North 194 poles crossing Biers Creek to a stake with pointer Thence East One hundred to a black oak thence South 112 poles to a Maple on the bank of Biers Creek thence East 20 poles to a maple thence North 62 East 32 poles to a maple thence North 30 East 16 poles to a maple thence South 18 East 16 poles to a cherry thence North 77 East, 22 poles to a S(illegible) wood(illegible) thence South 5 West 108 poles to the beginning containing three hundred and ten acres more or less with all woods ways waters (illegible) all and every appertenance there to belonging or in any wise appertaining thereto or in any wise appertaining and the (illegible) of the afforesaid lands and premises and every part thereof and all the assets right title interest claim property and demand whatsoever of the said Brendles in the lands on the presises hereby granted to have and to hold with the appartenances with the said J. N. Brendle in the property on behalf of the said J. N. Brendle his heirs and assigns forever and the said Brendles for them and their heirs the afforesaid land and premises and every part thereof against him and his heirs and against the claims of all other persons whatsoever to the said J. N. Brendle his heirs and assigns will forever warrant and defend by these present and the said Brendles for themselves their heirs doth hereby covent and bind themselves and heir heirs that (illegible) (illegible) of the premises and appurtenances in fee simple and hath full power and ability to convey the same and hath hereby (illegible) the same in fee simple. In witness whereof the said Brendles doth hereunto set their hands and affix their seals the day and date above written. Signed and delivered in the presence of
Attest
W. W. Medford
Henry Smathers
Signed
E. D. Brendle
J. D. Brendle
Joseph Brendle
Henry Brendle
Superior Court Haywood County
Spring Term 1872
Judgement
Elias D. Brindle
J. D. Brindle
Joseph Brindle
And the Adm. Of Henry Brindle
Against
J. N. Brindle and
A. L. Herren
The Court considers
1. That the Plaintiffs recover of the Defendant J. N. Brindle the sum of Four Hundred Dollars, and Interest from the 17th April 1857 till paid.
2. That the lands set forth in the complaint is considered by the Court as being subject to the payment of the said debt, and in default of payment by A. L. Herren, defendant the purchaser within six months the said lands shall be sold for the payment of the four hundred dollars and the costs of this action.
R. H. (illegible)
Judge
State of North Carolina Haywood County
In the Superior Court
Notice to produce papers
Elias D. Brindle
J. D. Brindle
And the Adm of Henry Brindle Dec'd
And Joseph Brindle
Against
J. N. Brindle
A. L Herren
The defendants in this case are summoned to appear before the Judge of the Superior Court of Haywood County on the 10th Monday after the 3rd Monday in August 1873 and to produce a certain paper writing obligating J. N. Brindle the Defendant to pay Joseph Brendle, Henry Brendle, Elias D. Brendle and J. D. Brendle Four Hundred Dollars bearing date about the 17th day of April 1857 which paper writing is commonly known as a single bond or promisory note (and also the deed (illegible) as the same time by the plaintiffs to J. N. Brindle), and in case of failure the plaintiffs will offer evidence to the Court as to its execution and the content thereof.
Respectfully Henry and Welch
Attor for Plffs
Haywood County - In the Superior Court
J. D. Brindle and others
Vs
J. N Brindle and A. L. Herren
(illegible) J. N. Brindle (illegible)
Dear Sir:
You are hereby notified that you are required to (illegible) on the trial of this case an obligation to pay E. D. Brindle, J. D. Brindle, John Brindle and Henry Brindle the sum of four hundred dollars dated on or about the 17th day of April 1857.
Henry and Welch
Attorneys
Superior Court - Haywood County
Complaint
Joseph Brendle
Henry Brendle's Adm.
E. D. Brendle
J. D. Brendle
Against
James N. Brendle
A. L. Herren
The plaintiffs alledge
1. That the defendant J. N. Brendle received from them a deed of conveyance about the 17th day of April 1857 for a certain tract of land lying on Richland Creek in Haywood County and known as the Henry Brendle farm for which he was to pay each of the plaintiffs one hundred dollars.
2. That to secure the payment an obligation was under written to the deed and on the same piece of paper (illegible) (illegible) sum of Four Hundred Dollars which was made a change on the same tract of land so conveyed and to have been registered with the deed.
3. That the said J. N. Brendle the Defendant and fraudulently detached the said obligation for Four Hundred Dollars and caused the deed to be registered in the register's office of Haywood County in Book G page 311.
4. That no part of the said Four Hundred Dollars has been paid and is still due.
5. That the defendant A. L. Herren purchased the said tract of land from J. N. Brendle and others for which he paid a valuable consideration.
6. That the said tract of land is subject to the payment of the Four Hundred Dollars and its interest from the date of the deed.
Wherefore Plaintiffs demand judgement (illegible)
1. For the sum of Four Hundred Dollars.
2. That the said tract of land should be sold for the payment of that sum.
3. For the cost of this action.
Henry Welch
Atty
Under order and decree of this Court to satisfy the Sum of $200 with interest from the 17th April 1857 and the costs of the judgement in the Superior Court and that the moneys arising from the sale shall be applied to pay first the (illegible) (illegible) and the surplus paid to Atty Henry the (illegible) (illegible) for month time of (blank).
4 That the defendants pay the cost of this Action.
Henry J. (illegible)
Atty
Haywood County Superior Court
Joseph Brendle
Henry Brendle Adm.
E. D. Brendle and
J. D. Brendle
Agt
James N. Brendle
A. L. Herren
(illegible) (illegible) J. N. Brendle answers complaint-
I. That-the first-allegation in said complaint is true.
II. That-the second allegation is untrue.
III. That the third allegation as to said deft - J. N. Brendle fraudulently detaching obligation is untrue.
IV. That the 4th 5th and 6th allegations of said Complaint are untrue.
Wherefore deft - demands Judge - for Case - of this action.
Howell, A. T. and T. F. Davidson and W. B. and G. S. Ferguson -
attos for Deft.
State of North Carolina
Haywood County
In the Superior Court
Elias D. Brendle
J. D. Brendle
Joseph Brendle &
Admin of Henry Brendle Dec'd
Against
J. N. Brendle
A. L. Herren
Notice to Produce Papers
The Defendants in this case are summoned to appear before the Judge of the Superior Court of Haywood County on the 10th Monday after the 3rd Monday in August 1873 and to produce a certain paper writing obliging J. N. Brendle the defendant to pay Joseph Brendle, Henry Brendle, Elias D. Brendle and J. D. Brendle Four Hundred Dollars bearing date about the 17th day of April 1857 which paper writing is commonly known as a single bond or promisory note, and also the deed made to the Plaintiffs at the same time by J. N. Brendle and in case of failure the plaintiffs will offer evidence to the Court as to its execution and the contents thereof.
Respectfully
Henry & Welch
Attos for Plffs.
Superior Court Summons - Asheville "Pioneer" Print.
Joseph Brindle
E. D. Brindle
J. D. Brindle
Henry Brindle
Plaintiff
Against
J. H. N. Brindle
J. N. Brindle
A. L. Herren
Summons
State of North Carolina.
To the sheriff of Haywood County-Greeting:
You are hereby commanded to summon James N. Brindle, J. H. N. Brindle, A. L. Herren the Defendant above named, if to be found within your County, to appear before the Judge at the next ensuing Term of the Superior Court to be held for the County of Haywood at the Court House in Wayneville, on the 6th Monday after the 3rd Monday in March next, and answer the complain of the Plaintiffs, and let him take notice that if he fail to answer the said complaint within the time prescribed by law, the Plaintiff will apply to the Court for the relief demanded in said complaint, to have judgement for the sum of $778.00 with interest on $400 from 17 April 1872. Herein fail not, and of this summons make due return.
Given under my hand and seal of the said Court, this 30 day of September 187(illegible)
J. Ratcliff, Jr.
Clerk of the Superior Court, Haywood County
Joseph Brindle
Henry Brindle and others
Against
James N. Brendle
A. L. Herren and
J. H. N. Brindle
Summons
Returnable to Spring Term of the Superior Court of Haywood County. 1872 Received Oct. 6th 1871. Executed on the Defendants J. N. Brindle, A. L. Herren, J. H. N. Brindle in the (illegible) of Waynesville, Haywood County on J. N. Brindle Oct. 6th A. L. Herren (illegible) 1871 to an J. N. Brindle January 1872 (illegible) (illegible) (illegible) $180.00.
A. J. Murray, (illegible)
We bind ourselves to pay to the within named Defendant, the sum of Two Hundred Dollars, if the Plaintiffs fail to pay Defendant, all such costs and damages as he may sustain by reason of the suit not being prosecuted with effect.
Witness, our hands and seals, the 30th day of September, A. D. 1871
A. Henry
Superior Court
Haywood County
Elias D. Brindle
J. D. Brindle
Joseph Brindle
and the Admin of Henry Brindle
vs
James N. Brindle and A. L. Herren
Affidavit
The plaintiffs in the above cause swear that the facts set forth in the complaint are substantially true and that at the time of the execution of the deed by the Plaintiffs to J. N. Brendle there was underwritten on the same paper an obligation on the part of J. N. Brendle to the Plaintiffs that he was to pay, in consideration of the said lands, the sum of four hundred dollars and to maintain the widow of Henry Brindle Sr. during her natural life with a decent and comfortable support, and that the said contract and obligation signed by J. N. Brindle was made a change on the lands conveyed by the Plaintiffs to the said J. N. Brendle and that the said contract and obligation so underwritten was by express agreement to be registered with and be a part of the deed and that the said J. N. Brendle has fraudulently failed to have the same registered as a part of the deed and that the same has by some (illegible) been detached from the deed and that he has paid no part of the four hundred dollars.
E. D. Brendle
Joseph Brendle
Sworn to and subscribed, this the 30th day of May 1872. J. Ratcliff, Clk.
The State of North Carolina
To the Sheriff of Haywood County-Greeting:
You are hereby commanded to Summon John Morrow personally to be and appear before the Judge of our Superior Court of Law to be held for the County of Haywood at the Court House in Waynesville on the 10 Monday after the 3 Monday in August 1873 next, then and there to testify, and the truth to say in behalf of Plaintiff in a certain matter of controversy before said Court pending, and then and there to be tried, wherein Joseph Brendle and others Plaintiff, and J. N. Brendle Defendant. And this you shall in no wise omit under the penalty prescribed by law.
Issued on the 21st day of October 1873
Clerk Superior Court Haywood County.
Haywood County - In the Superior Court
Judgement
Elias D. Brindle
J. D. Brindle
Joseph Brindle
The Administrator of Henry Brindle Jr.
Against
J. N. Brindle
A. L. Herren
It appearing to the satisfaction of the Court that a summons in this case was issued on the 30th of Sept. 1871 and that the same was duly executed and served on the defendants J. N. Brindle and A. L. Herren, and that the complaint was duly filed at the Spring Term of said Court 1872 and that J. N. Brindle answers the complaint on Friday of the Fall Term of the said Court 1872, and the Jury empaneled to try the issues in this case by the consent of the Plaintiffs and defendants returns for their verdict that there was an obligation entered into on or about the 17th day of April 1857 on the part of the defendant J. N. Brindle whereby he obliged himself to pay to the Plaintiffs the sum of Four Hundred Dollars and that no part of said sum has been paid, and rule further, by consent of the plaintiffs and defendants assess plaintiff's damage against the defendant J. N. Brindle by way of interest at the sum of Three Hundred and Ninety six Dollars.
Whereupon it is considered by the Court that the plaintiffs have and recover out of J. N. Brindle the sum of Seven Hundred and Ninety six dollars with interest on Four Hundred Dollars from the 27th of October 1873 until paid, and the costs of this action.
M. M. Cloud
Judge of the 8th Judicial
District held the Court in the 12th District
State of North Carolina
To the Sheriff of Haywood County
You are hereby commanded to Summons John Mahaffey personally to be and appear before the Judge of our Superior Court of Law to be held for the County of Haywood at the Court House in Waynesville, (illegible) to give evidence in a certain matter of controversy pending wherein Joseph Brendle and other plaintiffs and J. N. Brendle Deft.
Issued 29 day of Oct. 1873
J. Ratcliff Jr.
Clerk Supr Court
In the Superior Court - Haywood County
E. D. Brindall
J. D. Brindall
(illegible) Brindall
against
J. N. Brindall
(illegible) Henry
Affidavit for Execution and order of sale to issue.
R. M. Henry attorney for the plaintiff (illegible) (illegible) that he is informed and believes that no sale has been made of the lands under the decree of Hn R. H. Canover and that the money was not paid as required by just decree and that no money or any payment has been made on this judgement of Fall Term 1873 in this case and that the said judgment is (illegible) owing to the plaintiffs or their assigned and that (illegible) is attorney for plaintiff and their assignee and (illegible) Execution and order of sale under the decree of Judge C(illegible), and judgment of the Court.
R. M. Henry
Atty
Subscribed Sworn to this 26th May 1877.
J. Ratcliff Jr.
(illegible)
In the Superior Court-Haywood County.
Elias D. Brindall etal
Against
J. N. Brindall etal
The defendant in this case are notified to show cause why the (illegible) set forth in the original complaint should not be (illegible) for the payment of the debt and sold for that purpose and that they appear at the next term of this Court and show (illegible) to the contrary.
May 28, 1877
R. M. Henry Atty for Plaintiff
Brendel Brendle Brindel Brindle Forum Web Site created by Lorraine Adams Douglass December 31, 1999.
Last updated: January 15, 2000.