The Shemwell Family

Rockingham County, North Carolina, Probate – Fall Term 1849 - Court Appearance #1 Transcribed: “State of North Carolina, Rockingham County, In Equity To the Honorable Judge of the Court of Equity in the County aforesaid: The petition of Nathan McGehee, Elizabeth McGehee, and Emily McGehee by their Guardian Henry J McGehee respectfully herewith unto your Honor that your petitioners Nathan McGehee, Elizabeth McGehee, and Emily McGehee are all minors and of tender years and children of Micajah McGehee deceased, late of said County. That the said petitioners are each signed in fee simples, and is severally, of one ascertained shall on one eighth pact of a certain tract or parcel of land situation in the country aforesaid, and laying on the ??? of Dam River, adjoining the lands of Zachary Wall, John Foy, and others and containing five hundred acres or thereabouts; that the respective lots or shares of said petitioners are small, containing only about forty acre each: that the said minor petitioners are all of very tender years, and have not ??? property sufficient to cultivate and keep in repair the said several lands; and that it would therefore be for the benefit and material advantage of the said petitioners that their respective interests and shares in the said estate should be sold, and the proceeds of the sale thereof, initiated and secured in some suitable manner for their account. Your petitioners therefore pray to your Honor to order and decree a sale of their shares ad interests in the premises aforesaid; and that your Honor would order, decree, and direct the Clerk and Master of this land proceed to sell the said petitioners interest in said estate after duly advertising the sums; and to make and execute suitable deeds to convey the sum, and to summon the proceeds of such sale in such manner, and on such terms as you Honor may deem proper; and that your Honor will grant all such other and further release as to ??? may seem need and proper in the premises; and your petitioners as in duly bound will ever pray Signed, B Aikens, Solicitor for the Petitioners” (Micajah McGehee - Rockingham, North Carolina, Probate - 4 Fall Term 1849.jpg) (Micajah McGehee - Rockingham, North Carolina, Probate – 5_1 Fall Term 1849.jpg)

Rockingham County, North Carolina, Probate – Fall Term 1849 – Court Appearance #2 Transcribed: “State of North Carolina, Rockingham County John Foy and Zachary Wall being both duly sworn deposed and say that they are ??? with the premises as set forth in the foregoing petition and with the interests of said minors themselves; that the facts set forth in the said petition are true; and that in their opinion it would rationally and essentially promote the interest of said minors, thus their shares in the said petition mentioned should be sold and the proceeds ??? as ??? prayed. Furthermore the say not. Signed by Zak Wall and John Foy Sworn to and subscribe before me this 31 october 1849. AN Yearly, Clk" (Micajah McGehee - Rockingham, North Carolina, Probate – 5_2 Fall Term 1849.jpg)

Rockingham County, North Carolina, Probate – Fall Term 1849 – Court Appearance #3 Transcribed: “State of North Carolina, Rockingham County Nathan McGehee, Elizabeth McGehee and Emily McGehee by their Guardian and ??? friend Henry J McGehee, Ex Parte. Petition to sell Real Estate. It is ordered and decreed by the court in this case that a reference be made to the Clerk and Master of this land to inquire and report whether it could rationally and essentially propose the interest of the petitioners that their shares and interests in the premises mentioned in their petition should be sold as ??? prayed.” (Micajah McGehee - Rockingham, North Carolina, Probate – 6 Fall Term 1849.jpg)

Rockingham County, North Carolina, Probate – Spring Term 1850 – Court Appearance #4 Transcribed: “State of North Carolina, Rockingham County Court of Equity Nathan McGehee and Others by their Guardian J McGehee, Ex Parte Petition to Sell Land Report to Spring Term 1850. In obedience to an order of the last Court I advertised the Lots or parcels of Land mentioned in the petition in this Case, to be sold on the premises, i.e., at the late residence of Micajah McGehee deceased on the 18th day of December 1849 on a credit of twelve months, While and where the Lots were sold as follow, to wit: Lot Number 1 belonging to Elizabeth McGehee containing 45 acres more or less, to Zachariah Wall at the price of four hundred and five dollars; who executed his bond with Samuel Wall Security for the purchase money. Lot Number 3 containing 44 acres which belonged to Nathan McGehee, to be the same more or less, to John Foy at the process of five hundred and forty three dollars ($543) who executed his bond with Pleasant Webster Security the same. Lot Number 4 containing 38 ¾ more or less, which belonged to Emily McGehee to John Foy at the price of six hundred and two dollars, who executed his bond for the same with Pleasant Webster Security, all which bonds are payable and due twelve months after date, to wit, the said 18th day of December 1849 – and which are held subject to the further order of this Honorable Court. Respectively Submitted Jno L Lyuew, Clk” (Micajah McGehee - Rockingham, North Carolina, Probate - 2 Spring Term 1850.jpg)

Summary: This is a lawsuit between the Plaintiffs: Southern Fertilizer Company versus Defendants: Charles V McGehee, Administrator of the Estate of his father Nathan Micajah McGehee, deceased. Ultimately, the Plaintiffs prevailed in court and the Defendants were ordered to pay for material and court costs. Shown below is the original Court Complaint transcribed via Images 2 -> 4. More details of the case can be found in Images 5 -> 34. Transcribed: “State of North Carolina, Rockingham Count The Southern Fertilizing Company (Plaintiffs) versus CV McGehee, Administrator of NM McGehee, deceased (Defendants) The Plaintiff complaining alleges: Item 1. That the Plaintiff is a corporation dually organized under the laws of the state of Virginia. Item 2. That the said NM McGehee, late of said County, died on the ? day of 188? without leaving any last will and testament and that said CV McGehee was, on the day of ? 188? duly appointed and qualified as Administrator of the Estate of said NM McGehee. Item 3. That on the 6th day of March 1886, the Plaintiff and Defendants intestate entered into a written agreement, which will be produced on trial, being executed in duplicate, one copy was held by Plaintiff in the other by Intestate of Defendant, and that by the terms of said agreement in consideration of the Plaintiff furnishing said Intestate with its various brands of fertilizers to sell to farmers, as its agent, and also in consideration of 15% of all sales, of the particular brands that were sold by him said Intestate, promised and agreed to guarantee payment to the Plaintiff for the price of all its said goods which might be sold by him. Item 4. That the Plaintiff afterwards, and on the faith of said guaranty, ship to Defendants Intestate diverse lots of said fertilizer, as he from time to time ordered same, which he sold and delivered to the persons and at the prices mentioned in the Exhibit “A” hereto attached and prayed to be taken as part of this Complaint which said persons executed their several bonds for the same payable to the Plaintiff to be due as stated in said Exhibit for the aggregate sum of $411.52. Item 5. that by the terms of said agreement with the Defendants Intestate way to collect said bonds, and pay the money to the Plaintiff, less said commissions and include where due those were delivered to him, (except the two executed by himself but hereto attached Marked B and C), for that purpose, and said Intestate continued to hold the same. Item 6. That thereafter on the ? day of May 1888 payment of the said bonds were duly demanded of Defendant’s Intestate upon his said guaranty, but he failed and neglected to pay the same, or any part thereof, or to account for the same as except the sum of $6.75 as stated in said Exhibit A, stipulated in said agreement; and a like demand was on the day of ? 1890 made upon the Defendant, who refuses to pay same and also declined to recognize the same as claims against the Estate of his Interstate, to share in the assets thereof. Wherefore the Plaintiffs demand judgement for the sum of $308.92 with the interest on the same from 10th day of May 1888 for the cost of these actions; and such other and further relief to the Court maybe just and proper. Signed by, Boyd & Johnson - Attorneys for the Plaintiff” Financials: Note that Exhibit A is a listing of equipment totaling $411.52. On March ? of 1888 the Defendants paid the Plaintiffs $2.25 and on May 10th 1888 they also paid them $4.50; so, in total they previously paid the Plaintiff $6.75 which would leave a remaining balance of $404.77 owed. For the Defendant’s sales, the they earned a commission of $95.85 which was applied as an account credit. So, the net amount owed the Plaintiffs was $308.92 Judgement: Later there was a judgment on the 10th day of May 1888. The Defendant was ordered to pay: (1) $308.92 with interest on the same from the 10th day of May 1888 and (2) Court costs determined by the Clerk.