Subpoena in Equity - Apr 22, 1831
The State of South Carolina To Peter C. WILEY, Robert ROSS, John L. YONGUE, James YONGUE, John F. DEBARDELABER, Richard McALILLEY and Mary his wife, Hugh McKEOWN and Elizabeth his wife and Elijah deLASHMET, Greeting: For certain causes offered before the Judges of the Court of Equity of the said State, in the Court of Equity at Chester Courthouse in and for the equity district of Chester in a certain Bill of Complaint, there exhibited against you by Margaret WILEY, by her attorney. Complainant you are commanded and strictly enjoined that you appear in the said Court of Equity at Chester Court House aforesaid, on the first day of June next to answer to the said Bill of Complaint and further to do and receive what the said Court of Equity shall consider in the premises; and that you do file with the Commissioner of the said Court, at Chester Court House aforesaid, your plea, answer or demurrer to the said Bill of Complaint, within thirty days next after the day appointed for your appearance as aforesaid; and in default thereof, an order will be granted, that the said Bill of Complaint be taken as confessed and an attachment may be issued against you. And have then and there this Writ. Witness Samuel McALILLEY Esquire, Commissioner of the said Court, at Chester Court House, in and for the District aforesaid the 22nd day of April in the Year of our Lord one thousand eight hundred and thirty one and in the fifty fifth year of the sovereignty and independence of the United States of America. CHESTNEY and THOMSON Comp. Sol's.

Equity Bill No. 60 - Apr 23, 1831
Margaret WILEY by her attorney vs Peter C. WILEY, John L. YONGUE et al
State of South Carolina Chester District
In chancery to the Hon. Chancellors of said clerk humbly complaining sheweth unto your honors your orative Margaret WILEY, wife of Peter C. WILEY, by her attorney, duly constituted Thomas GOZA the following facts and circumstances by way of ___ that her grandfather John LEE died as your orative __ about forty years ago and by his last will and testament, a copy, of which is herewith filed left to his daughter Agnes, then the wife of James YONGUE, a tract of land lying in Chester district containing according to said last will and testament 350 acres but which by survey since made has been formed to __ more than 500 acres said Agnes and her husband then being in posession of said tract; and a certain negro woman named Gin about thirty five years ago. James YONGUE, husband of said Agnes, died intestate, leaving a considerable estate, leaving your orative and Mary McALILLEY, wife of Richard McALILLEY, who now reside in the Arkansas territory, James YONGUE now residing in Chester district with his Agnes died leaving her husband and said Polly McALILLEY, John L. YONGUE, Elizabeth McKEOWN, James YONGUE and your orative her heirs at law said Agnes died intestate. Your orative is informed that about the year 1804 or 5 her husband Peter C. WYLIE was __ upon by John L. YONGUE then a minor to give him said John L. a paper purporting to be a conveyance of the right of said Peter C. to said land. Your orative shews unto your honors that there has been administration ever granted on the estate of said Agnes. Your orative further states and shews that Robert ROSS now lives on part of said lands ___ to have posessed the same from one David McCALLA as your orative is informed that James YONGUE is now in posession of part of said tract and property to have rented the same from Elijah deLASHMET and that Jon. F. deLASHMET is also in posession of a part of the same four portions also to have purchased, as your orative believes, of said ROSS & deLASHMET. Your orative further shews and states to your honors that said ROSS & James YOUNG and deLASHMET are now working said land, cutting down timber, and so forth and your orative is apprehensive that the land will be altogether wasted and worn out in a short time. Your orative ___ that she is intitled to her distribution, shares of said lands at this time. Your orative prays that the writ of subpoena of this hon. court may be granted to her __ to said Peter C. WYLIE, Robert ROSS, John L. YONGUE & James YONGUE and John L. deLASHMET and also to me said Richard McALILLEY and Mary his wife, Hugh McKEOWN and Elizabeth his wife and Elijah deLASHMET, commanding and compelling her on same day certain, under a penalty to be ___ inserted personally to be and appear before your honors and this answer this bill and all the matters and __ __ charged and stated as fully and perfectly as of they were particularly interrogated thereto and to __ to and above such __ as to your honors may seem agreeable to equity and good __. Your orative prays that your honors would examine unto the __ conveyance which John L. obtained of her husband and the consideration given for the same and prays that your honors would set the same and as your orative is informed that the consideration was __ and very inadequate __ Peter __ __ nothing to __. Your orative thinks LEE's land to have been worth at least eight perhaps ten dollars an acre at the time of the death of her mother and your orative thinks her remedy is in this hon. court. If your honors should not deem it proper to set aside said __ conveyance. Your orative prays that the writ of injunction by this honorable court mY issue directed to ROSS, deLASHMET and James YOUNG injoining them under a certain penalty to be therein inserted to refrain from any further waste of said portion to the end that the same may not be altogether worn out and destroyed when the __ shall __ that your__ or her children may be intitled to the same. Your orative also prays for the favorable opinion ___ of this court and such further relief as to your honors shall seem agreeable to equity and good ___.
CHESTNEY & THOMSON
Margaret WILEY makes oath that the matters and things stated in the above bill is of her own knowledge are true and the matters and things otherwise stated she believes to be true.
Margaret WILEY (her mark)
Sworn to this 22nd day of April 1831 before J. ROSBOROUGH
This complainant having filed her bill and it appearing to the court that several of the defendants Richard McALILLEY and Mary his wife, and Hugh McKEOWN and Elizabeth his wife __ by and the limit of this state. It is therefore on motion of CHESTNEY and THOMSON, solicitors for the complainant, orders; that the said defendants do plead, answer or denies to said bill within three months from the publication hereof the same will be ordered pro __ as against them. And that this order be published.
Samuel McALILLEY Commissioner
Apr 22, 1831

South Carolina Chester District - In Equity
The joint and several answer of John L. YONGUE and James YONGUE two of the defendants to the bill of complaint of Margaret WILEY complainant.
These defendants now and at all time hereafter ___ to the __ all exceptions to the numerous errors and and imperfections contained in said bill for answer thereto or to so much thereof as they are advised it is material for them to answer, say
these defendants admit that the said John LEE died about the time specified in said bill, having made the __ therein mentioned; and that the said James YONGUE died intestate about the time specified in said bill leaving the persons therein mentioned his heirs at law; and that about 8 years thereafter his widow the said Agnes intermarried with the said Elijah deLASHMIDT; and that the said Agnes died intestate about the time specified in sais bill leaving the persons therein mentioned her heirs at law.
This defendant John L. YONGUE denies that he ___ upon the said Peter C. WILEY to execute the said deed of conveyance, but says that being a minor at the time of his father's death said Richard McALILLEY became his guardian, and the said Peter WILEY became the surety of the said Richard McALILLEY on her guardianship bond; that in the year 1800, being still a minor, but ___ to get posession of her property, on account of the __ management of said Richard McALILLEY ___ defendant John L. YONGUE came to a settlement with him whereupon the said Richard McALILLEY in arrears about two hundred and eight dollars which the said Peter C. WILEY __ likely to have to pay that under the advice and belief on all __that the said land __ in the said James YONGUE the elder and would be divided among his children upon the death of his said widow __ the shares of said Margaret and Mary vested in their husbands respectively and subject to their dispositions, the defendant John L. YONGUE was induced to accept their supposed undivided shares, or two fifth parts of the said land in payment of the said amount in arrears and accordingly the said Richard McALILLEY and Peter C. WILEY executed the deed of conveyance for the two fifths of said land a copy of which was filed marked Exhibit A which siad two fifths parts of said land the said defendant John L. YONGUE agreed to receive and did receive in payment of said amount in arrears, the said Richard McALILLEY was at the time living on said land, but removed therefrom shortly afterwards and so far as the defendant is informed and believes neither he nor his said wife Mary has since set up any __ __ to any part of said land. And this defendant John L. YONGUE shortly afterwards posessed and cleared and fenced and cultivated a portion of said land until May 1808 when he sold, conveyed the said two fifths together with one other fifth thereof to the defendant James YONGUE by deed of conveyance a copy of which is herewith filed marked Exhibit B; that the said Hugh McKEOWN sold & conveyed to the said James YONGUE one other fifth part of said land on the 23rd Sept 1808 by deed a copy of which is herewith filed marked Exhibit C and that so far as these defendant ar informed and believe neither the said Hugh McKEOWN nor his wife Elizabeth has since or does now claim every part of said land.
These defendants further say that on the 5th Feb 1814 said Agnes under a belief that this defendant James YONGUE had an equitable claim to said land, sold & conveyed by deed of conveyance of that __ to the defendant James YONGUE 425 acres of said land by __ __ a copy of which said deed of conveyance was herewith filed and marked D and the said James YONGUE shortly afterwards sold & conveyed the land to __ McCALLA who afterwards sold to other persons; but the defendants say that the said James YONGUE __ __ __ __ __ subsequent to the conveyance of said 425 acres by said Agnes as aforesaid held upwards of __ years actual __ __ and __ posession of the same and these defendants submit that the said purchasers are prohibited by the statute of limitations; these defendants further say that the said Elijah deLASHMET died on the 13th Decr 1828 convey to this defendant James YONGUE all his rights & title by inheritance to said __ of land by deed of conveyance a copy of which is herewith filed marked Exhibit E.
These defendants further say that said Margaret WILEY and husband Peter C. WILEY did on the 30th June 1831 convey to the defendant James YONGUE all their rights, title and interest __ __ of us and to that part of said __ __ tract or grant of land which remained after the above mentioned conveyance of 425 acres thereof by said __ __ to this defendant James YONGUE by deed of conveyance duly executed a copy of which __ __ __ marked Exhibit F.
All which matters and things these defendant are ready to prove as this honorable court __ __ __ to this court that complainant had no right, title or claim either legal or equitable to said land or any portion thereof and has no right whatever to the posession thereof and these defendants plead the above mentioned complainants claim & pray to be hence dismissed with their reasonable costs & charges in this behalf by this most unjustly sustained & C.J. GRIGG, defendant solicitor.

Margaret WILEY by Atty vs P.C. WILEY, J.L. YONGUE, James YONGUE & others - Equity July 1834
The bill of which a brief accompanies this decree states the case on which the complainant seeks relief. The relief prayed is to set aside a deed executed by Peter WILEY conveying certain lands therein described to John L. YONGUE on the ground thtat the consideration was very trifling & inadequate and as the said Peter had really nothing to convery. The prayer of the Bill also asks for an injuction to restrain waste.
The answer of John L. YONGUE & James YONGUE sets forth the facts and the deeds on which they relay. (briefs of which answer pray this decree) and submitted that the complainant has no right either legal or equitable to the land or any part thereof and pleaded adverse possession of the land by the defendants in __ of the claims of complainant. Copies of the deeds relied upon by the defendants are in evidence and the __ evidence is on my notice which accompany this decree. On the argument of the case __ reliance was placed on the inadequacy of price but as that was not made out and there is no pretence of fraud in obtaining the deed to connect with the alleged deficiency of price there is no ground for relief. The Bill makes a case to support a claim to title in land against which the defendant sets up a title & adverse possession sufficient to support the plea of the Statute of Limitations. The case thus made is for the Court of Law. But it I should take it up & cannot say that the complainant has supported his case so as to authorize me to give relief. Besides Mr McKEOWN the Justice of the Quorum testified that Mrs WYLIE executed her renunciation of inhertance voluntarily and without compulsion being examined by him separately and apart. On the whole I do not perceive that the complainant is entitled to any aid or relief from the Court. The Bill must therefore be dismissed and it is ordered but without posts the complainant seems to have had such a shew of right as to excuse the institution of a suit and the defendants were willing to have had the Bill dismissed at the hearing without costs. Henry W. DeSAUSSURE

Exhibit A


Exhibit B


Exhibit C


Exhibit D


Exhibit E


Exhibit F

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