WILLIAM GILCHRIST vs. DANIEL W. MIDDLETON
Contact: Myrtle Bridges
The Plaintiff complaining alleges:
1. That he is the owner and entitled to the possession of the following tract and parcel of land in the aforesaid county of Richmond.
Beginning at a stake three pines pointers, the third corner of the DANIEL McFARLAND two hundred acres, and runs with the third line of
said tract N. 40 W 20 chains to a stake- pointers, Thence S 55 E 15 chains to a Post Oak, two Post Oaks and a large Black gum pointer,
standing in the Poplar Branch, then down the various courses of said Branch to a stake, two Black gums, a Maple and Poplar pointers,
the third corner of a fifty acre tract allotted to BARBARA McKAY in the division of the lands of ARCHIBALD McKAY dec'd, then with the
third line of said tract N 381/2 W. 38 chains 50 links to the beginning.
2. That the Defendant was in possession of said tract of land at the commencement of this action.
3. That the Defendant unlawfully withholds the possession thereof from the Plaintiff Where upon Plaintiff demands judgment. For the
possession of said land; For one hundred dollars, damages for the withholding the same, and for the costs of this action. JNO. D. SHAW,
Atty for Plaintiff. September 21, 1883.
September Term 1887, Richmond County Court
Wm. Gilchrist, Plaintiff v. D. W. Middleton, Et Al, Defendants
D. W. Middleton, Et. Al, Defendants
The Defendant by leave of the Court, first obtained answering the complainant, says:
That Article 1 thereof is not true
That Defendant admits the 2nd article to be true
That Article 3 thereof is not true.
And for a Special defense and for the purpose of obtaining affirmative aucillary relief in this action, the Defendant Alleges:
That on the 31st day of March 1842 The State of North Carolina granted to our DUNCAN McLAURIN 640 acres of land in the County of Richmond
aforesaid, which said grant covers and includes the land in controversy, and is registered in the Register's Office of said county in book
- page - reference to which is here made for greater certainty in the description of said land. That sometime between 31st day of March
1842 and the 16th day of March 1858, the exact date not being known the defendant, The said DUNCAN McLAURIN by his deed, duly executed
for that purpose conveyed in fee to one FERDINAND McLEOD the land so, as aforesaid, granted to him by the State and particularly described
in said grant, except about fifty acres of said land, which on the 22nd day of January 1861, the said DUNCAN McLAURIN conveyed to JOHN L.
FAIRLEY by his deed duly executed and registered in said Registers office in Book 00 page 438 and etc. to which deed reference is here
made for a more particular description of said land. That the land conveyed by deed included the land in dispute. That afterwards and
before the bringing of this action the said FERDINAND McLEOD by his Deed duly executed, conveyed to one John L. Fairley, the said lands
which the said DUNCAN McLAURIN had before conveyed to him; and this defendant by a judicial sale and
conveyances has acquired and is
the owner of all the right and title and interest of the said JOHN L. FAIRLEY in and to said lands.
That this defendant after due and diligent search has been unable to find the said deed from DUNCAN McLAURIN to FERDINAND McLEOD on
record in the Registers office in said county, and as he is informed and believes, the same has never been registered. The defendant
further alleges: That he has made due and diligent inquiry and search for the original of said Deed and has been unable to ascertain
its whereabouts, if the same is now in existence. And as he is informed and believes that the said Deed has been lost or destroyed and
he is unable by the process of this court or otherwise to procure or have the same produced for the purpose of registration and for use
in the trial of this cause.
That the said DUNCAN McLAURIN died in the County and State aforesaid on or about the -day of-1872, leaving the following heirs; as the
said Defendant is informed and believes: ELIZABETH HAMER, wife of A.W. HAMER, A.H. McDONALD, D.D. McDONALD, Catherine B. Staunton, wife
of H.H. Staunton, Mary Gibson, Wm. Gibson, Sally Lee, J.H. Lee, Isabel Smith wife of James Smith, Malloy Patterson, J. Postelle Patterson,
Catherine Patterson, F.B. McCall, Ellen Hornaday, wife of J.A. Hornaday, Jane McKay wife of Artemus McKay, J.C. McCall, Oscar McCall,
Maggie Wright wife of Robert Wright, Dora McCall, Edgar McCall, Kenneth McKenzie, Allen McKenzie, the heirs of Duncan McKenzie, Daniel
McKenzie, Hugh McKenzie and John McKenzie whose names and places of residence are unknown.
Wherefore the Defendant prays:
That the said Deed from Duncan McLaurin to Ferdinand McLeod may be re-executed or otherwise restored, and registered if necessary that
the title to said land may be declared to have been vested in Ferdinand McLeod by said Deed in fee.
For such other and further relief as the Defendant may be entitled, and for costs. Walker, Tillett, Stewart and Neal for the Defendant.
26 November 1887.
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