Fourth Generation Inclusive

State of North Carolina, Robeson County    } Court of Equity, Fall Term A.D. 1867

To the Honorable the Judge of said Court The Bill of Complaint of Lucy Sheridan of Robeson County Plaintiff against Noah Oxendine Sally Oxendine Mary Oxendine John Oxendine and Lucy Ann Oxendine Minor heirs of James Oxendine dec’d of the Same county defendants

Humbly complaining Showeth unto your Honor Your Oratrix the Said Lucy Sheridan that about Sixteen years ago having sold a tract of land to which she had title She became possessed of about Two Hundred dollars in money at one time and to advance in life her nephews James Oxendine and Bryant Oxendine and aid them in the purchase of a tract of land upon which they could have a permanent home of their own and with this view she joined with them in the purchase of Two Hundred acres of Land from Arch’d S. McKay in Robeson County adjoining the lands Alex McIntyre Angus McGill arch’d Buie and others at the price of Three Hundred Dollars Your Oratrix further Showeth unto you Honor that she furnished One Hundred and ninety five dollars of the purchase money and James Oxendine and Bryant Oxendine furnished the balance to wit One Hundred and five dollars Your Oratrix further Showeth unto your Honor that the Said James Oxendine negotiated for the purchase of said Tract of land the money for that purpose was placed in his hands and he paid the same over to the vendor and took the title to the whole of the Two Hundred Acres in his own name and received a deed for the same from Arch’d S. McKay and that after the purchase it was distinctly agreed between your oratrix and James Oxendine and Bryant Oxendine that your oratrix should have half to wit One Hundred acres of said tract and James & Bryant Oxendine should have hold and possess the remaining One Hundred acres between them and in accordance with that agreement James Oxendine gave to your oratrix his note of hand or bond for forty five dollars being the excess over and above her share of the purchase money paid by her and the said James & Bryant Oxendine went into possession of the said remaining hundred acres of the two hundred acre tract and that for some time the title to the whole remained and rested in James under the deed to him from Arch’d S. McKay but that about three years thereafter it was agreed that he should convey to your oratrix by deed her Share of the land so as to vest the legal title in her and accordingly a deed was drawn and prepared by John C. Sinclair and duly signed and executed by the said James Oxendine conveying to your Oratrix one Hundred acres in fee simple being the upper end of a tract to two Hundred acres survey convey by deed from Arch’d S. McKay to James Oxendine lying on the south side of Mossey Neck adjoining the lands of Gilbert Locklear Arch’d Buie and Angus McGill & others the Said deed was executed at the House of James & Bryant Oxendine and the draftsman the said John C. Sinclair Subscribed the Said deed as witness and besides it was executed in the presence of Bryant Oxendine and Ann Oxendine who afterwards intermarried with David Strickland that the consideration was One Hundred and fifty dollars the amount of money advanced by your Oratrix in addition to the forty five dollars for which James Oxendine gave his note to your oratrix further showeth unto you Honor that the said deed from James Oxendine to her has never been registered and in Some way unaccounted to your Oratrix the Said deed has been lost or destroyed most probably in some way in removing her personal chattels from Bladen County after the death of her husband to her home on said One Hundred Acres of Land conveyed to her by James Oxendine upon which she now lives at all events she did not miss said deed until She had arrived and moved all her personal goods to Robeson County upon the discovery of the loss of said she informed James Oxendine of the fact who promised to execute to your Oratrix another deed similar to the one lost by your Oratrix and she fully believes he fully intended to do so having asked Alexander McIntyre and perhaps others to avow the deed for him expressing a purpose of reconveying said land to your Oratrix And your Oratrix verily believes he would have done so had he not come to a sudden death soon thereafter But your Orator showeth unto your Honor that said James Oxendine died about one and one half years ago without having executed to your Oratrix a deed as a substitute for the one lost as aforesaid leaving him surviving the defendants his children and only heirs at Law on whom his real estate descended upon his death he having died intestate To the end therefore that these defendants may be required by a decree of this Honorable Court to convey to your Oratrix a title in fee simple to the land conveyed by James Oxendine which deed of conveyance is lost described as the upper end of a tract of Two Hundred Acres conveyed by deed from Arch’d S. McKey to James Oxendine lying on the South side of Mossey Neck adjoining the lands of Gilbert Locklear Arch’d Buie Angues McGill and others And that your Orator may have such other and further relief in the premises as the nature and circumstances of this case may require and to you Honor shall same meet May it please your Honor to grant unto your Oratrix the State’s Writ of Subpoena to be directed to the Said Noah Oxendine Sally Oxendine Mary Oxendine John Oxendine and Lucy Ann Oxendine commanding each of them to appear before your Honor in this Honorable Court as the next term thereof then and there to answer the premises &c. And your Orator Shall ever pray   /s/ Giles Leitch Solicitor for Plaintiff

Personally appeared before me Lucy Sheridan who swears that the matters and things contained in the foregoing bill as of her own knowledge are true and that on the information of others he believes to be true Sworn to & subscribed before me 20^th Sept 1867 Lucy X Sheridan

Lucy Sheridan vs Noah Oxendine Sally Oxendine Mary Oxendine John Oxendine Lucy Ann Oxendine – Original Bill to Fall Term A.D. 1867 Filed in my office 20^th Sep’r 1867.

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Lucy Sheridan v. Noah Oxendine et al   } In Equity – Lucy Sheridan present —

Bryant Oxendine is sworn for complaint.

State all you know about the purchase of a Two hundred acre tract of land in Robeson County purchased & [illegible] Alex McIntyre and others to James Oxendine, and what interest and agency Lucy Sheridan had in the purchase?

Ans: All I know is that Lucy Sheridan paid one hundred and ninety five Dollars toward the purchase of the land the title to the whole land was made to James Oxendine, and James Oxendine made Lucy Sheridan a deed for one hundred acres of the said land. I saw the deed executed and delivered, this was about sixteen years ago. James Oxendine made the deed to Lucy Sheridan.

Cross Examined by Deft’s Counsel –

Interog – Did you see the money paid? Ans. I did not.

Interog – How do you know the money was paid by Lucy Sheridan

Ans. James Oxendine told me Lucy Sheridan had paid him & he the witness helped to work out the balance of the money that went to pay for the land. And furthermore this deponent saith not.   Bryant X Oxendine

Sworn to & Subscribed before me the 25^th March 1868

In the 1850 census of Upper Division, Robeson County: Kizia Oxendine, 35, with Margaret, 22, James, 18, Bryant, 12, Anny, 11, Lias, 6, and Silas Oxendine, 35. In the 1860 census of North Division, Robeson County: Jams Oxendine, 27, farmer, wife V., 20, and children N., 1, and S., 1 month. In the 1860 census of Bladen County: Thos. Shearidan, 72, farmer, and wife Lucy, 55.