Stricklin VS. Boone

Stricklin VS. Boone

NORTH CAROLINA

IN THE SUPERIOR COURT
LENOIR COUNTY TERM

STRICKLIN & BUCHAN, OR

JOSEPH STRICKLIN
AND

A.A. BUCHAN

COMPLAINT

VS

E.D. BOONE.

THE PLANTIFF COMPLAINING OF THE DEFENDANT, ALLEGES AND SAYS

THAT THE PLANTIFF IS A COPARTNERSHIP, TRADING AND DOING BUSINESS IN KINSTON, LENOIR COUNTY, NORTH CAROLINA, UNDER THE FIRM NAME OF STRICKLIN & BUCHAN.
THAT THE DEFENDANT WAS AT THE TIME OF THE EXECUTION OF A CERTAIN CHATTLE MORTGAGE TO STRICKLIN & BUCHAN, A RESIDENT OF LENOIR COUNTY NORTH CAROLINA, AND WAS SUPPOSE TO BE FARMING IN SAID COUNTY.
THAT ON OR ABOUT THE 20^TH, DAY OF JULY, 1920 THE DEFENDANT MADE AND EXECUTED TO STRICKLIN & BUCHAN A CERTAIN CHATTLE MORTGAGE TO SECURE THE PAYMENT OF A NOTE IN THE SUM OF THREE HUNDRED SEVENTY TWO AND SEVENTY SIX CENTS ( $372.76 ) WHICH WAS DUE TO THE PLANTIFF FOR TWO MULE TRADED TO THE DEFENDANT AND THAT SAID MORTGAGE CONVEYED TO THE PLANTIFF TWO CERTAIN MULES AND ALL THE CROPS RAISED DURING THE YEAR 1920, ON CERTAIN LANDS BY SAID DEFENDANT, WHICH MORTGAGE IS RECORDED IN BOOK A.18 AT PAGE 395 PUBLIC REGISTERY OF LENOIR COUNTY.
THAT ON ACCOUNT OF DEFAULT HAVING BEEN MADE IN THE PAYMENT OF THE AFORESAID NOTE AND INDEBTNESS OF $372.76 AND SAME BEING PAST DUE, THE PLANTIFF CAUSED CLAIM AND DELIVERY PROCEEDING TO ISSUE ON THE 12TH DAY OF JANUARY 1921 WHEREBY THE PROPERTY CONVEYED IN THE AFORESAID MORTGAGE WAS SEIZED BY THE SHERIFF OF LENOIR COUNTY, AND THE DEFENDANT FAILING TO REPLEVY, SAME WAS DELIVERED TO THE PLANTIFF,
THAT THE PROPERTY SEIZED UNDER THE CLAIM AND DELIVERY. AS AFORE SAID WAS ADVERTISED FOR TWENTY DAYS ACCORDING TO LAW AND SOLD AT PUBLIC AUCTION AND THE PROCEEDS OF SAID SALE APPLIED TO THE PAYMENT OF THE AFORESAID NOTE.
THAT AS OF JANUARY 21ST, 1921 THE DEFENDANT IS INDEBTED TO THE PLANTIFF IN THE SUM OF $________, WHICH IS SECURED BY THE CHATTLE MORTGAGE AS FORESAID AND THE PLANTIFF IS THE OWNER OF AND ENTITLED TO THE IMMEDIATE POSSESSION OF THE PROPERTY DESCRIBED IN SAID MORTGAGE.
THAT AFTER THE AFORESAID PROPERTY HAS BEEN SOLD AT THE COURTHOUSE DOOR AND THE PROCEEDS, WHICH AMOUNT TO $_________, HAVE ALL BEEN APPLIED TO THE AFORESAID NOTE THERE IS A BALANCE OF $________, NOW DUE TO THE PLAINTIFF BT THE DEFENDANT.

WHEREFORE THE PLAINTIFF PRAYS JUDGEMENT (1), THAT THE PLAINTIFF BE ADJUDGED THE OWNER OF AND ENTITLED TO THE IMMEDIATE POSSESSION OF THE PERSONAL PROPERTY DESCRIBED IN THE MORTGAGE AND SEIZED BY CLAIM AND DELIVERY, (2) THAT THE VALUE OF SAID PROPERTY IS $________ , THE AMOUNT BROUGHT AT THE SALE, (3) THAT THE PLAINTIFF RECOVER OF THE DEFENDANT THE SUM OF$ ------------- NOE DUE AFTER CREDITING THE AMOUNT DERIVED FROM THE SALE OF THE AFORESAID PROPERTY, AND FOR SUCH OTHER AND FUTHER RELEIF AS PLAINTIFF MAY SHOW HIMSELF ENTITLED TO UPON THE WHOLE MATTER.

A.A. BUCHAN, BEING DULY SWORN SAYS, THAT THE FACTS SET FORTH IN THE FOREGOING COMPLAINT ARE TRUE, OF HIS OWN KNOWLEDGE, EXCEPT AS TO THOSE MATTERS STATED ON INFORMATION AND BELIEF AND AS TO THOSE HE BELIVES IN TO BE TRUE.

THESE PAPERS WERE NEVER SIGNED. $_________ NO AMOUNTS WERE WRITTEN.

THESE TWO PAPERS WERE TYPED ON THE BACK OF COMPANY SHEETS FROM

THEO.F. COLLONS & CO.
DEALER IN
HORSES, MULES, AND JERSEY MILK COWS
NATIONAL STOCK YARDS, ILL.

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