EARP FAMILY LAND DISPUTE
 JOHNSTON COUNTY
SUPREME COURT 1893 

Earp lawsuit filed in Johnston County Supreme Court February Term 1893

Jency Holland Earp Testimony

John E. Earp Testimony

Earp-Holland Judgment November Term 1893
 

 

 

JOHNSTON COUNTY CLERK OF SUPREME COURT
February Term 1893

 

North Carolina Johnston County, In the Supreme Court

 

John T. Holland & wife               )

John Broadwell & wife                )

N. B. Stancill  T. R. Wood & wife    )   As of February Term 1893

Ruffin Pittman & wife                )

James H. Earp  John E. Earp          )

And Geo. V. Stong                    )

                                     )

             Vs.                     )  De ??  of the

                                     )   defendants

Jincey A. Earp  Jubu Earp   James    )     Except E. G. Hill

Earp, Jane Eason wife of Loyd        )

Eason  Ann Henry wife of James       )

Henry  Ellen Earp wife of Wm. Earp   )  We defendants in this action

Penny Cook wife of James H. Cook     )  except E. G. Hill (who makes a

& E. G. Hill Ex Sheriff              )  separate distinct and adverse

                                     )  defense) de? To the last

answered complaint on the following grounds to wit

Because it appears on the face of the complaint that there is a defect of parties? Defendant.  That it appears from said complaint that the defendants Jane Eason, Ann Henry, Ellen Earp and Piercy? Cook are married women, the wives respectively of Loyd Eason, James Henry, Wm. Earp and James Cook and that their said husbands are not made parties ? acting.

The defendants allege that the said husbands can receive p? ? action under the law of this state.  L? Section 178 of the code.

Therefore the defendants discovered? That the action be dismissed at the cost of plaintiffs and that defendants recover their cost of plaintiffs and there ...

                              B. Defendants Attorney  


JENCY HOLLAND EARP TESTIMONY

August 16, 1893

 

PLAINTIFFS OFFER MRS. JINCY EARP
THE DEFENSE OBJECT TO THE COMPOTENCY AND RESERVES
ALL RIGHT TO OBJECT TO THIS TESTIMONY

MRS. EARP BEING SWORN SAYS

I am the widow of Guion Earp (married) August 10, 1854 we were in possessions of the lands about 2 years after we were married - I do not know that Guion paid anything on the land - Guion refused to go to the land unless his father would give him a deed to it - his father told him to move on it and he would give him a deed to it - and he did so.  Never heard either say anything about money for the land but always heard Guion say he bought the land.

I do not know that Guion could raise $4000.00 Guion hired a substitute to go in war gave him 100 acres of this land.

The deed from Guion to Exum Holland was made before Guion's trouble - This trouble was when he was accused of killing the negro.  I am certain this deed was made before then.  Exum Holland made a deed to me.  I never paid him anything for it.  Guion had some notes against my father I have not seen the notes in several years before Guion died.  I remember Mr. Strong suing Guion.  The deed from Guion to Exum Holland was made a long time before that.

I was at the funeral of Hudson Earp, nothing was said at the funeral about the land as I heard - I think the next day after funeral they talked about dividing up the property as all were of age - Mrs. Broadwell objected - Guion was willing or did not object.  Guion had had nothing much except some land.  I never went to see Mr. Broadwell to consult him how to do to cut Strong out of his money - never had any cause to - Mr. Broadwell never said anything to me about having a deed written and dating it back to cut Strong out of his money.  The deed from Exum Holland to me I think was witnessed by Elisha Holland - my brother.  I disremember whither I went there and he gave it to me or whither he came and brought it to me.  I had it a long time before he died - he live 6 or 7 miles from me.  Guion was in jail about 6 months.  I went to see Guion in jail in Raleigh twice and one time my father Exum Holland went with me.  There was no deed given by Guion to Exum Holland while Guion was in jail in Raleigh nor was there any deed written in Raleigh. 

    Deeds from Guion Earp to Exum Holland
        and from Exum Holland to Jincey A. Earp        Exhibited

     I reckon Guion had been in jail in Raleigh about a month before my father went with me to see him.  Guion made no deed while in jail house.  

     Hudson Earp knew of Guion Earp making deed to Exum Holland - and of Exum Holland making deed to me and he never exercised any authority over the premices after that and we gave in the lands and paid taxes on them after that.  My husband was 24 or 25 yrs. old when we were married and had worked for his father to that time.  I do not know but that his work to that time was in payment of the land.  We always claimed the land as our own after these deeds.  H. Earp and all his children knew of it  we have lived there since 1856.  Guion Earp died last day of March 1884.  Exum Holland died about Oct. 10 1880.  Hudson Earp April 18 1874.

Sworn and subscribed                           her
before me August 16 1893                Jincy A. x  Earp
G. J. Stevens cfc                            
mark

 

 

Jincy A. Earp
1 day and 22 miles 


JOHN E. EARP TESTIMONY
August 16, 1893
 

JOHN E. EARP TESTIMONY

 

 

HOLLAND           BEFORE W. S. STEVENS, CLERK

   VS             August 16, 1893

EARP

 

JOHN C[E]. EARP being sworn says that he received the following property from his father.  About 500 acres land - he paid 200 + 75 + 40 = $315.00 and personal property to the amount of $200.00.  Don't know what was advanced to Guion Earp.  Gave him some land - and money to buy horse $50.00 - bid $15.00.  He and my father say cow and calf $10.00.  Gave him saddle and bridle $15.00.  Don't know that my father paid any debt for Guion.  Guion land 700 acres - _______________ Eric Roberson.  Guion let Bill Parks have 100 acres to take his place in the war - Sold 163 3/4 acres to Jesse Kirby for $4.00 per acre - gave his son  Corn deed for 52 acres - Guion gave his daughter Prissy 50 acres.  Guion was offered $4000.00 by Bill Earp.  Uncle Bill got me to talk to my father about it and father said he didn't want to sell it - he said tell father that he would give $40.00 cash.  I do not know that Guion paid any money for it.  His financial ability was poor.  He couldn't pay much without selling land.  I have heard that Guion made Exum Holland a deed while Guion was in jail and that Exum made a deed back to Jincy Earp, Guion's wife.  I heard Jincy say she had a deed to it - I  know Exum Holland you couldn't collect anything out of him by law - was reported.  I forbid Guion selling timber off the land - John and Martha Broodwell heard of it and told me I must look out and not let hiim cut the timber off the land and I went off down there and they had a sill up to put on the wagon and I told them they must not take the timber off the land and I forbid them doing so under the law and they laid the sill down and Guion started to me with his axe and sooner he split my head open myself and the other heirs have always claimed the land and so notified Guion after I left they put the sill on the wagon and carried it off.  Guion Earp sold 100 trees to John Waddell cut and hauled off the same - I was present at the burial of my father - all the children were there.

     xx

John reserves all right to except to this evidence.

 

     I was alone when I objected to Guion moving the timber - I was acting for myself and all the children - Guion drew his axe on me and said if I didn't let his business alone he would split my head open - I turned and rode down to the bridge to see if there was any timber there and found none and as I was coming back I met them with the sill on the wagon.  I told them I should put the law to them if there was any.  Don't know how long before Guion's death that was. 

 

Myself and the other children knew that Guion claimed the land as soon as father died.  It was a common neighborhood report - Guion had entire use of the lands and never offered to pay rents and never offered to divide the land and never acknowledged that the other heirs had any right in the land we all know Jincey had a deed for Exum Holland soon after Guion came out of jail - we all thought that it was a fixed up piece of business to get Esq. Strong his fee and we were all willing to it. 

 

     My father gave Robinson $1000.00 for this land. 

 

     Guion never paid father any rent for this land - everybody else on the land paid father rents on the land and father sometimes cultivated himself and he had all it made.  My father cleared some of the land and rented it to old man Keamy Eason until about the last year of the war - and when I came back from the war Guion had it in possession and father never had anything more to do with it that I know of.

 

     When father got this land it was mostly in woods - not much cleared - lands were cheap then father always told me that he paid $1000.00 for it.

 

     I had a negro in charge which was drowned in June 1856 - he was 22 years old - he was worth $1000.00 he was sent to my house when he was 6 or 7 yrs old.  He was big enough to drop corn.  I have not paid Guion's widow or children any moneys that came into my hands for the estate my atty and the other children advised me not to as they had been more than fully advanced.  I do not know what Powell paid on the Earp case.

     Direct Tax was $

 

     My father and I sold the Broadwell nigger for $800.00 and I gave the money to father and he gave it to Broodwell.  I qualified in 1880 as admin.  My father always made me a deed for the land - except the Gideon Price land.  Price made the deed direct to my father furnished the money to pay for it.

 

     The 300 acre tract was brought from Everitt Eason some years thereafter.  My father deeded it to me.  Neither of these deeds have been recorded.  100 acres brought of Hardy Eason 12 or 15 years thereafter he conveyed it to me - this deed hs not been recorded.  My father cleared 50 acres of it and built a good house on it and gave it to me.  Father kept the Everitt Eason land believe 10 or 15 years and deeded to me he had cleaned 6 or 8 acres - it was an old plantation gone down and he fixed it up and cleaned it up and gave it to me.

 

     REDIRECT

 

     The Hardy Eason tract was worth at the time he gave it to me about $175.00. 

I reckon the 300 acres was worth $200.00 when he gave it to me.

 

     Negro boy when he sent him to my house was worth $250.00 or $300.00.  Sometimes the old man would take him and keep him a week or 10 days when he get push and rolling logs or anything else - sometimes he would send his plows and help me plow and I would send my hands and plows and help him plow.  I had no right to seel him.  He never put a negro in Guion's possession that way and never gave him a negro.  I do not know how much father paid for Guion in the murder case.

 

     My father paid Strong $999.43 I think.

 

     Guion had been in possession of the land a long time before Uncle Bill offered him $4000.00 for it.

 

     Mrs. Broodwell was married March 27, 1842.  Mrs. Holland was married January 11, 1845. 

 

     xx

     In 1855 or 56 choice hands were worth $1000.00.  They would hire for from 100 to 150.00 per year and Gilbert the boy above referred to was a good hand. 

 

     When father died all his children was 21 year old and father 21 when he deeded the land to Guion. 

 

                                        John E. Earp

 

Sworn and subscribed

before me August 16, 1893                

W. S. Stevens cfc

 


JOHNSTON COUNTY CLERK OF SUPREME COURT
Judgment
November Term 1893

North Carolina Johnston County Supreme Court

 

Jno T. Holland & wife Maria Holland   )

John Broadwell & wife Martha Broadwell)

N. B. Stancill,  T. R. Wood and wife  )   November Term

Eugina Ward    J. R. Pittman          )         1893

& wife  Exie Pittman  James H.        )

Earp,    John E. Earp     and Geo.    )   Before Hon. Jacob

V. Strong                             )      Battle

                                      )        Judge Presiding

          Against                     ) 

                                      )  

Jincey A. Earp, E. G. Hill  Jubu      )     Judgment Final

Earp, James Earp Geo Earp   Loyd      )

Eason & wife Jane  James Henry & wife )

Ann  Wm. Earp & wife Ellen            ) 

James Cook & wife Penny               ) 

                                      ) 

                                      )  This cause coming on to

be heard and it appearing that the plaintiffs had not complied with the former order of this court it is on motion of the defendants ordered decreed and adjudged by the court that the action be dismissed, and that the defendant Jincy A. Earp is the owner of the lands described in the complaint.

It is further adjudged by the court that the defendant Jincy A. Earp recover of the plaintiffs and then surety Her costs expended in this action and that the other defendants recover of the plaintiffs their costs here expended to be ?ed by the Clerk of this Court.

                         Jacob Battle,

                         Judge Presiding  


Notes:
Mr. Strong, Esq. - presumably George V. Strong, plaintiff
Hudson Earp - Guion Earp's father, Jincy Holland Earp's father-in-law

Donated by Sharon Bradshaw from the handwritten court minutes.45    Jency Earp in these lawsuits was Jency Holland, daughter of Exum Holland and Penny Boswell, and wife of Gion Earp.

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