Ledger # 2 of Walter B. Gwyn

pages 500 - 599

..not put it off, for the reason above stated, and if you write, please send me a letter by the same mail, so I can write too. I don’t believe it would be much use for me to write unless you do also.
It might be better, in writing your reasons for so specifically desiring my appointment, and in reciting the unfortunate facts in relation to my failure in business, to say to Judge Dick that it was only because of the great panic that I failed, and that others in Asheville lost all they had just as I did, the only difference being that I had more to lose, and I made all I had to lose, in pursuing the same lines therefore. My meaning is that it would not be well to give the impression that I am a chronic failure at what I undertake, and that I am not fit for anything but some office. I would say, for instance, that your brother was unable to pay you back anything, as it took all he could make to support his family, he having been for such a long time out of the practice of the law &c., but your hope and belief was that, if he had a good position like the clerk’s office, he could spare something every year to help you out.
Well, I guess I have written enough, particularly as you may think it unnecessary to write, and I pretty certain you would be correct in such a conclusion.

J.J. Hill Esq.,
December 23, 1896

City, Dear sir;

The inclosed printed matter, with out, will show you something about the “hand-washer for one-armed men, about which I spoke to you this morning. I have sold a few of them, mostly in the North. The machine is as nearly perfect in its operation as a machine could well be, and certainly does its work well and easily,
I have a considerable number of brushes on hand, but they are packed away somewhere at home, and would have to be rubbed up, particularly the wire spring “holders”, but if you think you could place some for me, I will get them out and be glad to give you an opportunity.
Yours Truly,
P.S. It might be as good a plan as any for you to take only a sample along, and take orders from that, but I leave that to your judgment. I was only thinking of making it easy and convenient for you, to undertake to handle the goods.

Oliver Gideon Esq.

December 23, 1896
City.

Dear Sir;

I have just seen Judge Merrimon, and he says he will take $500.00 cash, five hundred in one year and five hundred in two years with interest from date. This is for the whole 39 acres. If you want to buy the front, cutting off 12.5 or 13 acres by extending the line that comes down from the mountain from Sunset Drive, he says the least he will take for that portion is one thousand dollars, terms $500.00 cash and the balance in one year, and he must have a right of way to get to the back part, the location to be agreed on if you trade. Of course the first trade is the better one, and I know you can make money by taking the tract. You say you want to build on the front yourself—this you can easily do, and yet sell off another lot on the front, especially by giving a right to use out of the spring. There is plenty of room for two or more good homes on the front.
Yours Truly

C.E. Edwards Esq.,

December 24, 1896.
Lenoir, N.C.
My Dear Mr. Edwards;
Your esteemed favor from Blowing Rock was duly received, and I saw Mrs. Spain and suggested to her that, as her husband was a mechanic, he could get the material and pack the sofa for shipment, and I would pay him the dollar you sent, which latter she said he would call for the next day. He did not come and so I went round to the house where I happened to meet him coming home with a load of lumber, and I got him to put the sofa right into the dray and bring it up to Williamson’s to be packed. Havener packed it, and I inclose the R. R. recpt. For it. Spain said he had been to my office a time or two and failed to find me in.
Since commencing this letter I was much pleased at seeing your sister, who called with Miss Champion. She was anxious to get late news from you, particularly on account of Mrs. Edwards, but I could give her none later than the 14^th, date of your letter. Miss Edwards is looking particularly well. I hope Mrs. E. will be well enough to enjoy the Christmas season. With compliments (cheapest commodity out) of the season, and best regards, Yours Truly

Angus M. Smith Esq.
December 24, 1896
400 Main Street, Jacksonville, Fla.

My Dear Sir;

I wish I could answer your letter more satisfactorily to both of us. I don’t think there is any chance of our disposing of that certificate to the holders of the other carts, at present, on account of the suit still pending, as I before wrote you.

I think the best way is to file a petition in the U.S. Court, and I purpose doing that early in 1897. The N.Y. men may see it to their interest to buy the cert.  when they see we are going to assert our rights, but I am not at all sure of that event. They express great disgust for our statute giving claims for torts priority over prior mortgages, &c, and they are waiting t o see what our Supreme Court are going to say about this case, so they say.

Hoping I may be able to write you something more encouraging next time, I remain yours truly.

Geo. W. Pack Esq.

Holland House, N.Y.

Dec. 24, 1896.

My Dear Mr. Pack;

Mr. J.D. Robertson wants to borrow four thousand dollars on his home place on Merrimon Ave., where Mr. Maddux used to live. He wants the money till next June he says, but I told him it might be hard to negotiate a short time real estate loan, and he said he supposed he could use the money longer at six per cent, and he might take it two or three years if lender preferred.
I think that loan would be very well secured, and I have no idea there would be any danger of the property falling on the lender, as Mr. Robertson’s wife is said to be wealthy, and will take up the mortgage later out of her own funds. I thought possibly you might know of somebody who wanted to place a little money on good real estate security, and if you do, and will put me in communication with them I shall be very much obliged.
There is no news of particular interest, except that Miss Edwards is here on a visit to Miss Champion, and looking, I think, better than I ever saw her before. I guess it agrees better with a person to lecture than it does to be lectured. I never tried either.

I suppose you have read in the papers about Mr. Clemmon’s death- he was a canny old soul- if he hated you, he did not keep you in ignorance of the fact.
Wishing you a boisterous Christmas, as with many regards (as our friend Mr. Du. would say), to all, I remain Yours Truly.

Oliver Gideon Esq.,

Dec. 25, 1896
City.

Dear Sir;

I was very much surprised to learn from Mr. Bostic that you were under the impression that Judge Merrimon’s title to his land in Sunset Park was defective. Mr. Bostic said that you said to him that as soon as you learned from me that there were two mortgages on the land, you determined to have nothing more to do with it or words to that effect. What I said to you was that there had been two other mortgages put on the land, on top of the mortgage to Judge Merrimon. In other words, the facts are that Judge Merrimon first loaned Mr. Bostic some money on the land, taking a first mortgage on the land to secure his money. Then afterwards, Mr. Bostic borrowed money from some one else, placing a second mortgage on the land, which he had a right to do if he could get anybody to lend him the money. Afterwards, as it seems, he placed a third mortgage on the land, as he also had a right to do if he could get anybody to lend him the money on a third mortgage. He might have placed a dozen other mortgages on the land, without hurting Judge Merrimon’s claim against it as he had a first lien. Afterwards, Judge Merrimon had the land sold, under his mortgage, and bought it, and now owns it free from any and all lien of the second and third mortgages, because they came after his lien, and the land did not bring any more at the sale than was due Judge M. on his debt.
If you have any doubt about the title to this piece of land, you can certainly employ a lawyer to examine the title for you, if you decide to purchase it. I do not wish to urge you into a purchase against your judgment, and this letter is not written for any such purpose, but it is written to correct an erroneous impression which I seem to have made on your mind, as I take it you were sincere in what you said to Bostic, and were really influenced against the land by your mistaken idea of the effect of what I said. The title is good, and Judge M. will warrant it fully.

B.M. Leo Esq.,

Dec. 28, 1896
Dear Sir;

Inclosed please find my check for $4.66 and Geo. A. Shuford’s check for $4.67, for payment of the respective parts of J.H. Merrimon and T.D. Johnston, of the inclosed bill for surveying the Weltz tract in Sunset Park. I told Mr. Bostic you would probably leave the bill with me and that he could bring his [?] to me when he gets it. He said he would do that.
Yours Truly

Kindly sign the receipt of the bill and mail it to me, and oblige.
Yours Truly

Dec. 29, 1896
James M. Gwyn Esq.,
Springdale, N.C.

Dear Brother;

Referring to the subject of my letter of the 23^rd, Inst, I see it stated in Yesterday’s “Citizen,” that C. B. Moore, who has been for several years as a deputy, has receive the appointment for U.S. Court Clerk. This is as I expected.
Yours affectionately

Chas. L. Pack Esq.
09/96[?]

My Dear Sir;

I am much obliged for the diary, read, this morning. I carried the 1896 diary you sent, all the year, and have it in my pocket now. As a matter of course the memoranda are more numerous the nearer you get back to Jan’y 1, 1896- as is usually the case. It is a good thing however, to commence new every year, whether we keep it up or not. It serves to remind us of first principles, and our ideals. Philip may be lying about it in the [?] but if he has had the foresight  to bring along an effigy of Philip Sober, and strand him on the side walk, he can paint with pride to him, in reply to sneers of passersby. When men reach middle age, and become hardened in one sin or another, or one set of sins, or another, the forming of New Year resolution may be compared to the annual donning of a dress suit by a man who has lost his fortune. It does no harm, and helps to keep his courage up. Pardon my prolixity- my best apology for it is the fact that it was entirely unintentional, with my best respects and regards to yourself and family, and best wishes for success of the [?] bank, of which the little book is a sovereign [?]. I remain yours very truly, W. B. Gwyn.

My Dear Mr. Pack;

December 31, 1896.

I am very much obliged for the present of the book, which came to hand yesterday morning, and has been read. Mr. Dickens imitated in one of his numerous works that our vision of each others’ minds is extremely imperfect and distorted; and Mr. Dickens’ powers of intellectual vision were admittedly remarkable. He probably knew nearly enough to enable him to perceive how little he did know, which sage remark is intended for high praise for Mr. Dickens. As I stand so admittedly much below Mr. Dickens in this regard, it should surprise no one who knows me if I rashly jump at the conclusion that I correctly guess your opinion of “In Buncombe County”. If I were as wise as Dickens, I would presume nothing, but what I would write or should write in the absence of such presumption I know not, and cannot be expected to know, not being so wise as Dickens. If I felt much doubt about your opinion, I would write as little as I could decently write- but I be “doggone” if I would praise Miss Poole’s book a little bit.
It is useless to go into the subject in detail, as you have no doubt read the book, and know as well as I do that it gives a grossly libelous impression of the inhabitants of the county of Buncombe.
The book is a failure from an artistic point of view, the dialect being simply absurd and impossible, as are many of the incidents, a fair sample being the starting out by sane persons on a four mile drive over rough roads in a vehicle with a wheel minus a “rim”- “There are others”,. As to the dialect, whoever heard any person, white or black, say “gwi” for “go”? This exposes a great deal- it shows that the author was not writing from experience- but simply inventing- she doubtless reasoned together with herself that as “going” was the participle of “go”, “gwine” was naturally the participle of “gwi”. Very plausible in theory, but not sustained by the facts- and dialect is a matter of fact- not of fancy.
The book is inartistic from another point of view- the author fails to introduce a single redeeming character native to Buncombe, unless possibly the dogs and the mulatto woman, with all of “whom” (she “whos” the dog-see page) she seems to have been deeply impressed. “Ristus” she makes out to be the son of a tramp artist and a waif who came with him to outrage propriety for a summer. The one redeeming feature of the book is its unqualified praise of the natural beauty of the country. This is all the more useful in the commercial sense, by reason of its being extorted as it were by force from a mind and pen that can see absolutely nothing else to praise in Buncombe County. People will hardly care about the things she abuses, but be led to come and see the scenery (may be).
But even this latter merit loses much virtue from the fact that the book is entirely out of date. “Best” P.O. has long been Biltmore, with all that that fact implies- and there is nothing in the book to indicate the fact that it deals with Buncombe of years

Long part- long, literally speaking, and much longer as regards conditions, particularly with respect to the immediate scene of the author’s alleged experiences. It was probably expecting too much, or I might say it would be expecting too much, of the author to demand that she expose the rather humiliating fact (if it is a fact) that it took her say ten years to find a publisher. I notice that the copy right is of this year. This argues that the above hypothesis is true, or else that the book is a willfully disparaging anachronism, which is hardly supposable.

Maybe I better not say nothing more till I know what you think of the book, but I will just add that it is pasty-hardly less so than “The Heavenly Twins,” which loads naturally to the remark that, while twins can hardly be called necessarily nasty, yet it seems to be difficult to a woman to write about them in other than a nasty way.

These two books are among the very few modern novels that I have read. I seldom read other than law books, and the “Encyclopedia Brittanica”—when I want to read any in a novel, I pick up Thackery, Dickens or Scott. To my mind the century has produced no dangerous rivals to those masters.
That most delightful essayist and moralist O.W.Holmes, whose “Autocrat of the Breakfast Table” I begged you to get and read, was a comparative failure as a novelist I think.
I don’t care or you have, it did not last like our weather. Today is as pretty a day as ever a day “dared to be”, and it is very much like nearly every other day we have had for a long time. As for snow, we have forgotten how it looks, and would hardly know rain if we met it in the road.
I inclose a card from Judge Hoke- I hope you can read it- he are a plum sight. The word at the end of the first line is “Where” not “when”, as I first thought it was. The card was not sealed, else I had not read it- beg pardon.
We had correspondence about the matter when I wrote him that your address was “Asheville” and that four letters would be forwarded in case you were absent. He asked me whether it would be safe for him to pay more money on the lots in view of some difficulty I had mentioned to him about the title. I replied that He had agreed with me in a conference we had had on the subject, or at least expressed himself as agreeing, that there was nothing in the still unsettled objections raised by Mr. Sondley, and that Mr. Sondley’s client herself had said to me that she intended to now make a payment, though she had held off a while by advice of her lawyer, who had, however, lately advised her she rightly safely go on.

[Geo. W. Pack in A/C with W. B. Gwyn]

Geo. W. Pack Esq.

Holland House, N.Y.

De-no, Jan’y, 1897

My Dear Sir;

Inclosed herewith please find account for December. Henry Scarborough says he has 32 bushels more of corn to sell and account for, which is little enough- his crop looked well.

Ramsey, who farmed the home place, says he was very much disappointed in his crop of corn. He declares he spent about a hundred dollars hauling out manure, and putting it in the hill, and had fine prospects for a crop, but it was cut off by the drought.
Ramsey says further that his experiences in getting clover and grass to grow on the place has been a surprising and disappointing one, as he has failed always to get a “stand”, and he attributes this fact to the light character of the soil, which he thinks causes dry weather to kill the young plants before they get their roots down. He thinks that it would have been better to roll the ground after sowing.

Joseph Worall, an Irishman from Brooklyn, on the 14^th of December deposited, $25.00 as a forfeit in case he failed to take lot 12, Blk X, on or before the 28^th Dec., and gave no sign until Saturday the 26^th, after I had drawn all the papers, and had Merrimon to execute the deed. I had tramped around twice with him and his sister in law, a Miss Luke, a professional nurse, and it was her money he put up. He declared that it was owing to the fact that he could not collect money due his sister-in-law for services to some people here, that he could not comply. I didn’t think you wanted any of the money, and I yielded to his mind request for the return of part of it, as per account. If Gibbon M. charges you anything for signing the deed, please charge me with it- I will tell him to strike out this memorandum. If you think I should not have kept all the $15.00, please say no.

My commission account for Dec. was $78.11, but of this $10.00 was only charged, and is not yet collected, and provided I cannot succeed in forgetting about it.
Col. Young---You see he did not come in and pay last mo. He was in the office about the 15^th and said he hoped to get the money from some person who owed him. He came to get the subdivision plat I made some time ago, as you may remember, saying that Bostic thought he could trade the property to a Washington man for a farm near Washington- Bostic went to W. but says he did not affect a trade. The Col. Seems to be still out of employment, and his son Tom has lost his job as deputy tax collector since the election, or rather since the newly elected collector got possession of the office, which was a week or two ago. The prospect seems bad for other payments of interest.
Yours Truly, W.B.Gwyn

Asheville, N.C., Jan. 1, 1896
My Dear Joyce:

I am very glad to know by your letter that the trifle I sent little Rhoda gave her so much pleasure. I have often noticed that a few cents gave a child more pleasure than as many dollars. It is all as it happens to strike the dear little ones.
I was rather surprised to learn of the cold weather down there, and I have since seen references to it in the papers. We have had no “putting up ice” weather here. It has been cold some, it is true, and one morning I saw the thermometer down to 18 degrees, but I don’t think the ice has got thicker than two inches, if that, on any of the ponds round town; while as for ice in the river, and any probability of its freezing over, there has been none that I have heard of.
This is a rougher climate than wilkes, but I do not think it is as good a place, to put up ice, for I have noticed several winters pass by in former times, that ice was harvested in Wilkes and none was put up here. We don’t notice the ice crop now much, as there are factories here, and but little natural ice is used.
Some of them wrote me that Mr. McBee had received a call from some place in Maryland, and you say he sent Rhoda a box of oranges, from which I know he did not come home Christmas. Wont you write me something about his new situation, his prospects &c., and when you expect to join him? “Gwyn-like”, I take more interest in you and him than I am in the habit of whoing. I love and cherish all my brothers and sisters, and I am extremely sorry that my misfortunes and faults combined have necessarily raised barriers between me and some of them. I have the balance of my life time to regret my mistake in business, and their lasting consequences will be ever before me, so far as anybody can now see.

Joyce I do wish I could see some of your paintings. My Laura would like to see them too, I know. She is anxious to take drawing lessons, and a friend of mine who found out she did, and knew my situation financially, sent her ten dollars for a Christmas present, in an envelope marked “a few drawing lessons for Laura”. I am going to see that somebody gives her the ten dollars worth, or what they call ten dollars worth of lessons, but don’t know yet who is here to give good lessons. She certainly has talent, as she draws excellent figures, dresses, paper dolls for baby &c., but she knows nothing of perspective, grouping &c., and hates to copy anything, from which I fear she has not quite enough of the art ardor to make her a great artist. It is hard for young people to be willing to bring themselves to realize the actual truth of the saying that there is no excellence without great labor. For once thing the child is quite delicate, though I have always believed that when she becomes fully grown she will be very healthy and strong. Out little Helen is very well and as happy as a bird, and sings like one.
Olive my love to Mr. McBee when you write, and to all the dear ones at home, and believe me, your affectionate brother.

January 6, 1897

My Dear Mr. Pack;

I have just read your letter of 4^th, and am much surprised at hearing that you never received my letter of Dec. 7^th, thanking you for the $300.00 loan, and inclosing my rate for the account. I must have appeared to you quite careless of property, in making no acknowledgement of so great favor shown. I took a press copy of the rate, as of the letter, and I will just write a copy of the rate at the bottom of this sheet. I am relieved by your remarks to my criticisms on the nice little book you so kindly sent me, I was hasty, as I generally am- but I do not intened to publish anything, as suggested- I want all the old maids to write books about Buncombe- the more the better, so they praise the air and the skeenery.
“Awful duel times- Never saw a better time to read [?] chapter in “Vanity Fair” headed “How to live well on nothing a year”, but I believe I would find it easier to work than to follow the lines laid down therein. The weather is sharp here this morning, 20 degrees above, looks as if it would get lower tonight- say 10-

Very Truly Yours, W.B.Gwyn

December 7^th, 1896
$300.00- On demand I promise to pay Geo. W. Pack or order Three Hundred Dollars with interest from date till paid. Value received in borrowed money. Witness any hand and seal Dec. 7^th, 1896.

W.B.Gwyn
(See page 520 hereof, original lost in mail)

Cal. W. R. Young
City
Jan’y 6/97

Dear Sir;

Please call and see me at office and oblige
Yours Truly

W.B. Gwyn

Jan’y 6^th, 1897
$20.00 Three months after date I promise to pay Geo. S. Powell twenty dollars. Value received in borrowed money. Witness may hand and seal the 6^th day of Jan’y 1897

W.B.Gwyn

J.W. Rice Esq.,

P.O. Box 344, City.

Jan’y 6thm 1896
Dear Sir;

I have a great bargain in 39 acres of land two miles from Court House- I have not had it on my list long, which is the reason I did not think of it when you called. Besides, we were interrupted by some one coming in. You will do well to come and se at once. I don’t know of a better purchase for a man in your business, from every point of view.

Jan’y 7^th, 97

Geo. S. Powell Esq.,

City.
Dear Powell;

I was sorry to learn on calling at the store, that you had got worse of your cold and had to stay at home today.
I saw West Yesterday afternoon, and he promised to write at once and get Mrs. Allis’ latest and lowest price for the land on Watauga Street. He said, as I told you, that Mrs. Allis said she wanted cost and interest for the land, but possibly she may have receded from that decided stand- he will let me know as soon as he hears.
I went to the Register’s office this morning and examined the record of the deed, and found that I was right as to the amount paid for the land by Mrs. Allis. The consideration is forty three hundred dollars, $4,000 for the two large lots and $300 for the small lot on South Side of Street. The date of the deed is April 17, 93, and on a basis of 8% int., it would amount to about $5,600.00 now- at 6% it would be about $5,250.00.
Hoping you will soon be better and get out again, I remain, Yours Truly.

Jan’y 7^th, 1896.

Geo. W. Pack Esq.
My Dear Sir;
Your esteemed favor of the 4^th Inst. Was received yesterday, and I have sent Col. Young this morning.
The Col. Says he has been making great efforts to raise some money, but without success, so far. He has a trade on hand now, he says, from the proceeds of which he expects to pay up all arrears of interest, and thinks the matter will be decided, one way or the other in two weeks time. If this fails, he says, it looks to him as if he would have to throw up the sponge.
I wrote you yesterday, inclosing another note for the $300, in place of the one lost in the mail, as advised (in effect), by your letter aforesaid. I had forgotten, when I commenced ‘this here” letter, that I had acknowledged the receipt of the said letter yesterday. With kind regards to all, I remain Yours Very Truly.

P.S. From the number of letters that come here to you from New York, I am satisfied that there are several people who do not know you are in town. Perhaps if you would now and then stroll up town and sit, around the Court House steps so folks could see you, it might save some of your friends a little postage.
Thermometer got only down to 18 this morning.

James N. Gwyn Esq.,
Springdale, N.C.

Jan’y 8^th, 1897
Dear Brother;

I received the inclosed notice this morning in the mail, stating as you see that the $1,000 note falls due on the 12^th of this month. Mr. Rankin spoke to me about it not long ago one day and I told him I could do absolutely nothing. He then remarked that it ought to be renewed, as they did not like to have a past due paper on hand. I think that he and Mr. Sawyer will hold off from pressing as long as possible, and I haven o doubt that James’ friendship with the Rankin boys will have some weight.
As for me, I have had to borrow money from three different people in the last few weeks- to one, I had to pledge the receipts of my business until repaid, and shall have to beg off from that, or be reduced to extremes- it is just about all gone. My business was, on the whole, better last year than I have any reasonable expectation of its being this year, as I had several lucky streaks in small way, and yet I wound up in the yard in debt (new debt), and have not paid a dollar of my taxes yet. The sky is about as black for both of us as it could well be.

Mrs. E. B. Thomas
Jan’y 8^th, 1896
Lynn, N.C.

Dear Madam;

Your esteemed favor of a few days ago was duly received, and in reply will say that, if you prefer an arrangement of the kind suggested I will offer no opposition to it in the way of insisting on the usual terms of commissions.
Awaiting your further communications on the subject, I remain, Yours Very Truly.

W. A. Smith Esq.,
Hendersonville, N.C.

Jan’y 9^th, 1897
Dear Smith;

I should have reported to you long ago the result of my investigations of tax and other matters of Mrs. Annie E. Patton; I had a severe attack of illness about the end of summer season, but took up the matter agrip in the Fall, and accumulated a large mass of data, which I am not engaged in putting into shape for convenient examination by you. My labors were directed chiefly to the ten lots in North Asheville, and the land on the river below the cemetery owned by Mrs. Patton and C.E. Graham jointly. I have not looked closely into the matter of the old Atkinson or brick house on the hill above Smith’s bridge, but it is about that place that I am now chiefly concerned owing to the fact that it appears by inclosed advertisement that Mrs. Conant is having it advertised for sale under the deed of trust she holds against. You see the sale is to take place February 8^th Prox. I think Mrs. Conant has taken a tax deed for the property also, as threatened last Spring.

W. A. Smith Esq.,
Jan’y 11, 1897
Hendersonville, N.C.

I herewith inclose synopsis of my investigations regarding the ten lots on and near Chestnut Street. If there is any other point on which you want information notify me and I will at once supply it to the best of my ability. If we bring suit we ought to bring it to March Term, ought we not?

I find that Mrs. Patton did not give in the lots for taxation in 1896- The Lymans gave them in- but they have not paid the taxes- it will be very much better for the taxes to be paid by Mrs. Patton before the Lymans go and pay them.

I have just recovered an inquiry from a man in Michigan for a good farm, particularly in Henderson County. How about the Mud Crk place. The may says that if there is an available farm to be had I will have a customer soon.

If you want me to offer it, please write fully as to character of land, number of acres bottom &c., price and terms, so that I can write promptly in reply to the inquiry.

Prof. A. DuPour,

160 Broad Street, Charleston, S.C.

Jan’y 11, 1897
My Dear Friend;

I have just received an inquiry from a man in Michigan for a good farm, particularly in Henderson County. I am writing him that I have one, meaning your place, but that I am daily expecting final instructions as to the price and so on, and that I will write him fully as soon as I hear from you.
So, as you are to send me this document before leaving Charleston, supposedly and at once write and send it, especially as there will be time afterwards for amendment of supplement before you finally set sail for Europe.
We have had so many inquiries that came to nothing that we ought to have learned by this time not to get excited unduly, but to assume that all the chances are against a trade, and make price reasonable. It is a very pleasant and self gratifying thing to succeed by long holding on, in getting back all the money puts into anything; but I have found by sad experiences that it is not so pleasant to look back at lost opportunities of recovering a reasonable sum out of what was, by too great enthusiasms or too strenuous determination, irretrievably lost.

Madame DuPour’s most pleasant and acceptable letter to Mrs. Gwyn was duly received. We were very sorry to hear of her attack of Grippe. I shall feel uneasy about her, but hope the sea air, when once she gets on the ocean, will cure her completely.

My daughter has, I think gratefully acknowledged you kind gifts at Christmas; but I take this opportunity to add my sincere thanks for your thoughtfulness and liberality.
I hope you received from me the tax receipts you wrote for, and which I sent you on the 22^nd December.

C.S. Shattuck Esq.,

Jan’y 11, 1897
Memphis, Mich.

Dear Sir;

Your postal card received, and in reply will state that I have several fine farms for sale, in Buncombe, Henderson, Transylvania and Cherokee Counties. Particularly in Henderson County I have a fine place of some three thousand acres belonging to a Swiss gentleman who is on the point of returning to his native land for reasons that have lately arisen, and who will therefore dispose of his place at lower figures than he would otherwise take. I am in daily expectation of a final letter of instructions he said he would send me from Charleston, S.C., and, in view of your inquiry, I have just written him to send it along without delay. This letter when received will enable me to give you his best price and terms, and I will write you again giving that information together with full particulars regarding this place.

I have no printed lists of farms, but in my next letter I will describe several other farms. I will not wait very long to hear the party first mentioned, and you will hear from me again in a week, whether he writes promptly or not. Mean time, I would be obliged to fuller information as to what you, or your friend wants .

In the way of a farm- mainly as what the amount he would invest provided, he saw value paid, in what he should buy.

J. M. Thrash Esq.

Jan’y 11, 1897

Calhoun, N.C.

Dear Sir;

I have just received an inquiry from a man in Michigan who wants a farm, a good farm- he says he would rather have it in Henderson County—but maybe he could stand Transylvania if he got a good bargain and a find place. He says if an available place can be had there will be a trade. I don’t know anything about the fellow, but maybe you and I can find out something about him by a trial.
What have you ever done about the Valley River place? Did you have the deed of trust foreclosed as proposed? And did you buy the place? Maybe we could sell this man that place. Write me about that place and what I may sell it at, if you still have the disposal of it.
Yours Truly

Jan’y 11, 1897
Col. G. W. Clayton
Waynesville, N.C.

Dear Sir;

Your esteemed favor to hand and in reply will say that I do not know that party’s address and the former attorney, Mr. Moore says he does not either, nor who is the present agent.
If you will just wait I suppose some one will be after you for the interest, and then you can make your excuses to such person. I am very sorry to hear that your family have been ill- about a year ago mine went through a siege.

I got your other letter, and have made several efforts to see Worley, but he always happened to be out when I called at his office. I intend to call there again today, and will write you of anything of interest that transpires. I hope you will soon be out of your present troubles an that your dear ones will soon be restored to health again.
Yours Very Truly

Messrs. Bourne & Parker;

City.

Jan’y 11, 1897.

Gentlemen;

Pardon me for troubling you again about the matter of the ten dollars you agreed to pay me for the safe. By inclosed you will see that Dr. Hilliard is after me for a like amount, the promise of which was predicated upon (or rather was made in expectation of_ the “X” I was to get from you, as I explained at the time, I think.
If you can send me a check for the amount I shall be very much obliged, as it is simply impossible for me to pay Dr. H. now without getting it from you.
Yours Very Truly

 

Dr. W. D. Hilliard, City.

My Dear Doctor;

Jan’y 11, 1897

Geo. W. Pack Esq.

Holland House, N.Y.

My Dear Mr. Pack;

Your favor of the 7^th was duly received, apprising me of the safe arrival of the note for $300.00. You prognosticate according on the trend of my own predictions- it is evident that there will be considerable fun next Spring when it comes to electing another mayor. There is now a plum sight of fun going on between the “Citizen” and the “Gazette”. Q. V.—only you do not see the Gazette I suppose. I will send you a copy maybe.

There are two live linotype machines set up and going in the Gazette office. They coasted $3,000 a piece so said. The number on one was upwards of 9000 and Mr. Norton…the factory, in Baltimore, employed 9000 no 900 hands- that the N,Y, Tribune employed 66 of the machines and “Whirld” 60. Please go and see one of the critters you will not regret the trouble.

I have not yet written a line of what I sat down to write- it was tell you of Col. Hatch’s sickness. He was seized with grippe and pneumonia- worried along very well a few days, but yesterday his life was despaired of, and the end expected before the sun set.
This morning I fully expected to see the tall tale crap on the door but it was not, and Miss Susan said her father was brighter and had recognized them this morning. I will write you again tomorrow.

Capt. T.W. Patton

Jan’y 11, 1897

City.

Dear Sir;

I am convinced that my certificate of stock in the Boilston Mining Company for 196 shares was turned over into your possession, or into that of J.E. Rankin Trusee, when I executed that paper transferring the stock to you as collateral security. I am the more certain of this from that fact, among a lot of memorandum slips showing where various shares of stock in other companies were to be found, I found a copy of the writing transferring the said stock as aforesaid, and evidently I used the paper itself as a sort of voucher for the whereabouts of the stock instead of making a slip as I did in some other cases. I feel sure that the stock is with that paper I gave you that I feel warranted in asking you to make a careful search for it in company with Mr. Rankin.

Mr. Roberts informed me this morning that the sheriff of Henderson County had written him that the mill machinery is to be sold on the 15^th Inst for the taxes of 1895&1896. Something ought to be done about this at once.

Jan’y 11, 1897
My Dear Mr. Edwards;

I received your postal card telling of yours and Mrs. Edwards’ illness with grippe. It must be dreadful to have these recurring attacks of that disease. I am truly thankful to say that none of us have ever had it, unless possibly the baby when she under two years old. I have always dreaded it, as I felt almost sure it would undermine my rather uncertain constitution in some particular. I trust you are both recovered ere now.

Col. Hatch fell ill early last week, with grippe, running into pneumonia, and though he fought nobly for several days, his life was despaired of yesterday; this morning early when I called he was said to have passed the night far better than hoped for, and had recognized members of his family this morning.

Col. Hatch has been a man of fine identity somehow wanting a certain balance to render his ideas of value and to his own fortunes; but so far we can judge his heart never had any flaws in it.
With best wishes for 1897, for you and yours, and with kind regards, I remain, Yours Very Truly,

Jan’y 11, 1897

R. H. Hudson Esq.
Jan’y 11, 1897

Toronto, Canada.

Dear Sir;

On receipt of this, kindly drop me a line and I will then write you. I am unable at the present writing to get a more specific address than the above. I did not know you were contemplating leaving Asheville, until after you had sold out and gone.
With kind regards, and hoping to hear from you soon, I remain,
Yours Very Truly.

Col. C. W. Clayton,
Waynesville, N.C.

Dear Sir;

Since writing you this morning I have seen Worley. He says he knows of several men who may buy land near him, but they all want small tracts, say two or three acres. I told him I thought you would prefer to sell in larger lots, my real reason for so speaking being the conviction that you would have difficulty in making title to small lots owing to the mortgage or deed of trust referred to in your card &e. Worley said he thought in the course of a few months he would be able to buy some land himself, and my hope is to get him to take sufficient to pay off your mortgage, and then he can do the paddling out to small men.
Of course if you can arrange in some way to pay off that encumbrance, so as to be in position to make title, it will be better.

Jan’y 12^th, 1896.

Dr. Wm. D. Hilliard
City.

My Dear Doctor;

It gives me great pleasure to enclose Mesrs. Bourne & Parker’s check for ten dollars, received this morning, which I burn over as first payment on the safe you sold me.
I can’t promise when I will pay the other ten dollars, but I hope it will not be quite so long as you have waited for this ten.
Yours Very Truly

My Dear Mr. Pack;

Jan’y 12, 1897
Col. Hatch died this morning at 3’oclock.

Yours Very Truly

Geo. W. Pack Esq.

Jan’y 14^th, 1896

My Dear Sir;

Your esteemed favor inclosing check $795.68 was received yesterday, and today I paid your taxes for State and County by endorsing the said check over to T.J. Reed Tax collector.
I inclose the receipts, eight in number, there being an error in the charge for Hazel Ward, of 90 cents against the county, which came about by some person in the tax office undertaking to correct my addition of the appeasements of the different parcels of land in that ward. I had made it out $8,000, which was the right amount, and the clerk had changed the figure to $7,900.00. I hope the receipts will not get lost in the mail, as my note did; but, if they do I have had entries made on the books against every charge thereon, and you are safe against our friends on the mountain, and you are also competent to serve on the jury.

There is a good deal of grippe in town, but I have not heard of any other cases taking the extremely sad turn that Mr. K. I. Holmes’ took yesterday, as described in this morning’s Gazette, a copy of which I inclose, or rather send under other cover. At this writing 11 A.M., he is said to be still alive, but his death is said to be a question of only a very short time, and his recovery impossible.

I am afraid the dreaded courage has at last got inside of our house- at least it looks that way, my wife having been taken with a most extraordinary “crick” in her neck early Tuesday morning, which put her in bed by diner time, and which got so severe that she was unable to turn herself in bed. She is gradually improving and was able to be up but has to move very sedately. I think it is wonderful, and I have always been thankful for the feet, how we have escaped the grippe in past years.

Mr. J.S. Hostile came to see me yesterday and said he was trying to sell Dr. David, the man who bought Hardy Lee’s house on Liberty at the two middle lots of the Chestnut St block- I find by your price list (which I told Bostic was good only till Jan’y 1, Inst) t hat you price the lot next to Lambert $1,800- the corner one 1,700, and the one between them atall, though you marked in red ink across the two last named, $3,250.00, and so I told Bostic that I thought we could depend on your taking for the two middle lots, $3,500.00, with a chance that you might discount that figure some. He then said that David expected to get the two for $2,500 (sorter expected and sorter not), which I told him was quite out of the question.
He said David wanted an alley opened behind the lots, as you remember I once suggested to you. I then told Bostic to get David to make an offer for the two lots with an alley opened from Border to Liberty, the alley, of course, to come off the lots fronting on Broad Street. He did not talk like D. would make an offer, but said

J.B. Bostic Esq.

Jan’y 14^th, 1897

City.

Dear Sir;

I have examined the record of the deed from Geo. W. Pack and wife to Mrs. Lambert, for the lot corner Chestnut and border Sts, and find the following provisions in it:
“It is understood and agreed by and between the parties to this deed that the vendee herein, her heirs and assigns shall never build on the lot hereby conveyed, any house or part thereof, except the steps, nearer than fifty feet to the Northern margin of Chestnut Street, nor any fence on the front, or the side lines for a distance back from the Chestnut Street fifty feet, exceeding four and one half (4-1/2) feet high above the ground inside the lot, and that the vendors herein, and their heirs will, in future conveyances they may make of the said other three lots fronting on Chestnut Street, to-wit, numbers two, three, and four, make like provisions as to distances from Chestnut Street of houses and parts thereof, and height of fences, to be erected on the said lots; nor will the vendors themselves, nor their heirs build any houses on either off said three lots, numbers two, three, and four, nor parts of houses nearer than fifty feet to said Chestnut Street, nor any fences on the fronts, nor for a distances of fifty feet back from Chestnut Street on the side lines of said lots of a greater height than four and one half (4-1/2 feet). And said H.S. Lambert and Lucy A. Lambert for themselves, their heirs executors and administrators covenant, and agree to and with said parties of first part to abide by said stipulations and agreements as to building houses and fences on the lot hereby conveyed.”

You will see that these provisions are for the benefit of all persons concerned, and in favor of making a nice row of houses on that front. See Dr. David and let him know how the matter stands.
Yours Truly

Geo. S. Powell Esq.,

January 14, 1897
City.

Dear Sir;

Mrs. Allis writes that she will take for her property on Watauga Street, both sides, what she gave for it with interest at the rate of six per cent per annum, added to the cost price.
As I wrote you recently, she bought the property April 17, 1893, for $4,300, which sum, with interest for three years and nine mos. To the 17^th day of this month, would amount on that day to $5,267.50.
I hope your friend Mrs. Webster will take the property- I do not think any less sum will buy it, as Mrs. Allis was asked to put her lowest figure on it.
Yours Very Truly

January 14^th, 1897

Yesterday the 13^th, Brother James came from Hickory N.C. where he had been since Monday night, with Mr. Michael who married Mary Lenoir’ he had been there trying to borrow some money, but said he had failed in doing so. He came into my office at a little before 4 O’clock P.M., and left for home on the afternoon, 5 o’clock train. We went to the Battery Park Bank and he paid $513.33 dollars on the $1,000 note of ours, given in renewal of old note made there for my benefit only. I had paid on this note $149.87, last May or June, as my books will show. This was for interest up to Sept. 12^th, 1896- it appeared also that, some short time ago, just when, I was not informed, my brother paid the interest, some $26.67 for four months up to 12^th of this month. I do not know where he got the money to make this $513.33 payment, but he must have borrowed it somewhere- he paid it check on the Bank of Waynesville. This reduces the Battery Park Bank note to $500.00 with the interest paid up to May 12^th 1897.

Brother James told me had paid W.T. Crawford recently $650.00 on account of his $1,000 note but he did not say what that left due on it. My impression is that he had, some year or so ago, paid over $200 on that note- it may have been for interest. I think the H.B. Moore note for $500.00 stands as it was, no interest having ever been paid on it except what I paid last Spring, see books and letter book. I did not have time for much conversation with him, especially his son James, who is teaching school here, came in shortly before we were leaving for the station. I went down there with them and came back up town with James Jr., and we parted at the Square. Brother James did not say a hard word to me, nor was his manner at all offensive or unpleasant- on the contrary it was kind, without being patronizing. He had but little to say about the matter, except in a strictly business way. When he made the payment at the Bank, he tried to get them to say that if he made a considerable payment, they would not bother him for some years about the rest. Of course as bank officers, they could not say that, but Mr. Rankin said that he had their course in the past to judge of, as o their probably course in the future, or words to that effect. I felt badly to see him paying out money that he had no doubt been badly put to, to raise- and I could not help thinking about his running over the country begging people to lend him money, to repay money, not a dollar of which he ever got, or used.

C.S. Shattuck Esq.

Jan’y 15^th, 1897.

Memphis, Mich.

Dear Sir;

I have heard from Mr. DaPour, the Swiss gentleman who owns the place I wrote you of a few days ago.

There are 302 acres of land, besides a tract of 20 acres of wooded mountain land 3 miles away- the place is more than half bottom land cleared and in cultivation, there is a good frame house of some eight rooms, besides necessary out houses, a good barn, &c., and the house is furnished, not however, completely, I think.

The farm and everything on it is for sale as a whole, including horses, cattle, and whatever of grain, either growing in the field or gathered- furniture in the house &c, and his price is $13,500.00. He did not mention terms, but I have no idea there will be any trouble as to that, with a reasonable payment down, and the remaining payments secured at 6% interest.

I have another place for sale at $10,000 that sold once at $25,000 and another time at $21,000. This place is a bargain. There are 1,009 acres of land, over two hundred acres bottom, with R. R. running through it, and only some two miles from station. The upland is not first class, in fact, very poor I am told, till you get back some distance from the river, where there is a good tract of bench land at base of mountains. The entire bottom land is underlaid by a fine quality of marble, a few feet below the surface, easily worked either for market, or for conversion into lime to be used on the land. So used, it would render the soil remarkably productive, as it is very rich already, being alluvial deposit, and only needing lime to enliven it. The owner of this place has only recently taken it back from some adventures that lost all the money they had, several thousand dollars, expecting to work off the land to a colony, that failed to materialize. There are no improvements of much value. There is no possible question of there being a bargain in this place. I have seen it myself. It is Cherokee County, on Valley River, near Andrews Station- and is known as the Thrash pls Thrash, when he sold out, bought in Transylvania, where he now lives, on a fine farm, and thus owns more land then he wants and will sell cheap in consequence.

I see by looking over the above that I forgot to tell you the location of the Dufour place- it is in Henderson County, six miles west of Hendersonville, on the west side of French Broad River, about 2 miles above the mouth of Mills River, at King’s bridge. It is a very beautiful place, and the view from the house is charming.

I have another place for sale belonging to Judge J.H. Merrimon, 10 miles from Asheville, on the Swannanoa river, 2 miles from Cooper station, 250 or more acres, 60 bottom, ½ mile river front, very large good barn- across the river from the boys’ farm school, an Institution recently established by the Northern Presbyterian Church.

C.S. Shattuck-2.

The bottom land on this tract is said to be very fine, and the wood on about a hundred acres of the upland is said to be remarkably fine, there being some lumber trees, and such a fine growth of cord wood that some say the wood on it is worth the price of the land. I have never seen this land, but Judge Merrimon, who is one of our best citizens, tells me these things. Of course inspection will prove the truth about the matter.
His price for this place is $8,500.00.

I have several places in the immediate vicinity of Asheville which I can sell at reasonable figures- in some cases the proximity to Asheville introduces and element of value distinct from agricultural value strictly speaking, and this is taken account of in the price/---but in some other cases this element is not availed of in the price, and the land would be well worth the price asked, independent of a probability of enhancement on the foregoing account.

In the cases like the latter, a purchaser has the advantage of security by reason of having agricultural value, and at the same time a good chance to take advantage of a rise from demand for use as suburban residences &c.

I have on tract of 39 acres quite near town, at only $1,500, and if there is not a bargain in that tract, there is not in anything.

If the places I have described are more valuable than you want to consider, and you would like to hear about some smaller places, write me and I describe other farms.
Yours Truly

J.M. Thrash Esq.

Jan’y 15, 1897

Calhoun, N.C.

Dear Sir;

Your favor received, and I have written that party fully about the Cherokee place, so that he can go right to it without coming near me- So I want to tell you his name &c., so that you will know who sent him &c. He writes from Memphis, Michigan, and his name is C. S. Shattuck.

Yours Truly

Jan’y 16, 1897

W. Ridgely Penniman Jr.,

City.

Dear Ridgely;

My cousin, Col. Chas. N. Hickerson of Andrews N.C. wants quotations on 10 d wire fencing nails by the keg. Please write him immediately and oblige.

Yours Truly

Col. Chas. N. Hickerson

Jan’y 16^th, 1897

Andrews, N.C.

Dear Cousin Charles;

I have just received your letter of yesterday amid reply will say that Capt. Richardson would do well to write to R. J. Stokely of this place, who, as I am informed, was recently elected dictator of our local lodge Knights of Honor.

The lodge is somewhat disturbed just now owing to the attempted suicide of E. I Holmes, the reporter, and I do not know what situation things are or will be in the near future, but Mr. Stokely can tell all about that, as he takes an interest in the conduct of the lodge’s affairs.

I have asked Messrs. Penniman to write you as to prices of 10d wire fencing nails by the keg.

Regarding the sale of your farm, I will be on the lookout for a purchaser. It was only a few days ago that I wrote a man in Michigan about some places, among them, the Thrash place near you, which I am authorized to sell at $10,000- Please keep that fact to yourself, however. Now if you will just write to C.S. Shattuck, Memphis, Michigan, giving him a full description of your place, price and terms, maybe you can strike a trade.

With love to Cousin Panny and the boys, I remain

Yours Very Truly

Hon. W. A. Hoke,

Lincolnton, N.C.

Jan’y 16, 1897

Dear Sir;

Your favor of the 11^th, written at Winston and posted there on the 15^th, was received last night.

My commissions for selling real estate are five percent, and I shall be pleased to take charge of yours. As to value, that is always a matter of doubt, as value depends upon what somebody will think the property is worth. The price you paid was very reasonable, and was fixed by careful comparison with other prices received in the vicinity- If I were in your place, I would just add such percentage as I was willing to take, no what I gave, and hold the lots at that so long as there is no marked change in the market either way- of course the future may show declines in values, or it may, as we hope, justify an advance in prices you may fix on the lots. I would suggest that you add 25% on cost and let me offer them at that, or such of them as you are willing to sell. I cannot handle property to advantage unless I am authorized to name a fixed price.
As to disposing of part of the property to contractors in part payment for a house on the other part, the chances are against making a favorable arrangement of that kind. I do not say it cannot be done. It may be there are one or two contractors here who would consider such a proposition.

Real estate is quite dull here just now, as nearly everything else is. Answering your Inquiry categorically, it is not a very good time to sell, but it is well to be ready always for any customer who may chance to come along, and there is a great uncertainty always in real estate matters, according to my experience.
I believe this covers all the questions asked. I am sorry to hear of your attack of grippe- I think Mrs. Gwyn had it also, and I was threatened. As your letter was not posted till yesterday, and you may be leaving Winston, I direct this to Lincolnton.
Yours Truly

Edw. P. Baird Esq.

Jan’y 16, 1897

215 South Clinton St., Chicago, Ills.

Dear Sir;

I have never received any reply from you to my letters of March 20^th and June 20 1896. I presume you have some idea by this time whether you avail yourself of the intentions mentioned in our past correspondence, commencing about this time last year.

Do write me without further delay, and oblige,

Yours Truly

C. S. Shattuck Esq.,

Jan’y 18, 1897

Memphis, Mich.

Dear Sir;

Your valued favor of the 14^th Inst received. I wrote you at considerable length on the 15^th, and, notwithstanding you seem to think it hardly worth while to put myself to trouble just now, I will write you again about the Cherokee place, particularly, and some other places also.

Your statement that you have a number of friends who think they have gone too far South when they moved to Louisiana leads me to suggest that you get up a colony of them and others, by which I mean not a colony in the usual acceptation of the term, for I have no much faith in your co-operative affairs, but I think it is often desirable to have several people, old acquaintances, or at least fellow countrymen, with something in common in the way of habits, associations &c., as it prevents that homesick feeling so often discouraging new settlers without due cause.

For such a scheme I know of no better location than Valley River, in Cherokee County. A few days after I heard from you, in fact the day after my second letter to you, I had a letter from my cousin, Col. Chas. N. Hickerson, who owns a nice farm nearer to Andrews Station than Thrash Farm, in which he causally mentioned that his place was for sale. There are others in the vicinity for sale. I wrote Hickerson he might write you about his place.

This valley is one of the most beautiful in the world. The bottom lands are wide and flat- they have been enriched at the expense of the foot hills, which are poor- but the mountains back of them are richer. I don’t think (though I am not posted) that they are as rich as the mountains or Jackson, with which county you seem to be somewhat acquainted, but they afford good range for cattle.

Much of the land in the valley and extending up to the mountains has belonged for years to an estate, and owing to complications of various kinds has been kept off the market- I think it can be bought now- a great deal of the low land is underlaid with marble at Thrash’s is. Borings have been made in many parts of it, and one time the Thrash farm was sold for $25,000 to a company that proposed to develop the marble. If forget just what it was that broke it up, but I think it was some difficulty they had with the Rail Road.

Another excellent opportunity for a settlement I can furnish in the lot of very fine fruit land is what is known as the termal, or no-frost belt, some thirty miles south of here. This land is remarkably well adapted to grapes and plums, and peaches. Quite an umber of Northern settlers are there already, and have, for some years, been doing well. I got one of them to get options on some land located with a special view to grapes and plums. There is no doubt whatever of the value and availability of the land for the purposes named. Write me whether you think we can effect anything in either of the directions above laid out, and oblige, Yours Truly

Geo. W. Pack Esq.,

Jan’y 19, 1897

Holland House, N.Y.

My Dear Sir;

Your favor acknowledging receipt of the tax receipts and replying to my inquiry as to price of the Chestnut Street lots was received yesterday, and I have informed Mr. Bostic of your terms.

Thanking you for your kind inquiry as to Mrs. Gwyn, her grippe, if such it was, passed gradually off, without assistance of a doctor, though I wanted to call one. I have not heard any doctors say it is epidemic here. Mr. Powell, with whom I talked this morning, said he thought it had been, but was letting up. Powell and his wife both had it, he says, and not further back than yesterday morning he said his legs almost refused to carry him up his own steps and his pulse nearly stopped. He was in the store this morning though.

I will try to find out something reliable as to whether grippe is prevalent, and to what extent, and let you know, as I would hate for you to be kept away from Asheville without due cause.
please tell Mrs. Pack I am about to close a trade for renting the Hartshorne house on Montford Avenue, to the bakers of Brooklyn, the people she met and talked with on her way down to Asheville.

There is no news other than what you see in the “Citizen.”

A. B. Casselmen Esq.,
Jan’y 19, 1897

Bureau of Pensions, Washington D.C.

I dare say you remember me. I hope the world is serving you well. I am writing you in behalf of a friend of P.F Patton, your debtor. HE wants me to know how much is due upon the River hill mortgage dept; and then what arrangement he can make with you and Mr. Corant about taking up that debt. I see the property is advertised for sale in Feb’y, and we went to see Mr. Sondley, your attorney, and he gave me your address- Mr. S. thought that you would prefer to get your money out of the land, rather than to get the land itself, and he said he thought you would be inclined to give time if the prospect was good for realizing the money. He said also that he thought Mrs. Conant would return over her tax deed upon reimbursement for her outlay. I wish you could please write me at once as to the amount due; as near as you can to state it; and, either before or after writing and hearing on Mr. Conant, write me your wishes and what you would require, if am arrangement should be contemplated for renewing the debt, the same being placed upon a more business-like basis.

He was already rescued for Mrs. Patton some valuable property from sacrifice, and it is chiefly for Patton’s family that he is interesting himself, Patton being upon his last legs, physically as well as financially.

Early reply will very greatly oblige,

Yours Truly,

P.S. I am writing a similar letter to Mr. Conant.

J. A. Conant Esq.,

Clinton, Iowa

Jan’y 20^th , 1897

Dear Mr. Conant;

A friend of P.P. Patton, and particularly of his family, wishes me to write to you to find out how much is due upon the river hill mortgage debt, and what arrangement he can make with you and Mr. Casselman about taking up that debt. I see the property is advertised for sale in Feb’y, and we went to see Mr. Sonley, your attorney, and he referred me to you and gave me your address.
Mr. S. thought that you would prefer to get your money out of the land, rather than the get the land itself, and he said he thought you would be inclined to give time if the prospect was good for realizing the money. He said also that he thought Mrs. Conant would turn over her tax deed, upon re-imbursement for her outlay. I wish you would please write  at once as to the amount due, as near as you can state it, and, either before or after writing and hearing form Mr. Casselman, write me your wishes and what you would require if an arrangement should be contemplated for renewing the debt, the same being placed upon a more business like basis.

He has already rescued Mrs. Patton some valuable property from sacrifice, and it i9s chiefly for Patton’s family that he is interest himself, Patton being upon his last legs, physically as well as financially.

Early reply will greatly oblige

Yours Very Truly

C. E. Edwards Jr. Esq.

Washington D.C.

Jan’y 20, 1897

My dear Sir;

Your favor of the 17^th was received last night. I regret to say that I have not seen Miss Edwards since the 24^th Ult., on which day she called a moment at my office with Miss Champion. I am ashamed of not having gone to see Miss Edwards, whom I admire very much, and esteem, as an old acquaintance. My wife called to see her one day, but she was out. For myself, not having a partner, I stick very close to my office in day time, and I have had such a bad catarrh for weeks that I hesitate to leave the house after nightfall. I will find out whether she is still in town, and try to see her if she is.

Now, as to the inclosed newspaper slips, which you sent me, I think they are from the Charlotte Observer of the 10^th Inst., in the “Law department” of the Sunday issue, edited by Mr. O. W. Tillet, of the Charlotte bar. I had read them soon after they appeared, and there was not much in them that was so new to me. Those decisions were a considerable shock to the profession and the public, so far as interested in the subject either by personal experience or observation. When you get to practicing law, one of the first things you will be struck with is the great difficulty of finding anywhere in the books a case exactly similar to the one you are looking up. Even if the facts were identical, a different jury would try the case, and then if the facts found by the jury were identical, a different judge, in a different humor, digesting a different dinner, addressed by a different lawyer with a different influence over the judge, would try the case. In other words you never know how positively what is going to be the issue of a case until it is tried. Of course there are some cases so plain that it would be folly to take them to court. The controversy with the Lymans does not come under that head by any means.

I forgot to refer, in my last letter, to your suggestion as to employment of additional counsel. I had, previously to say any suggestion, spoken to Ex-Judge J. H. Merrimon to appear in the case with me, and he agreed (kinder), to do so. We have another tax case together, and he will give me his assistance whether employed or not. But, all the same, there is nothing like a retainer fee to put life and vim into a lawyer, and he is a lawyer who, when regularly employed on a business basis, goes into a case with all his might, and main, which is saying no little. Just as soon as you can, by all means send him a retainer, if no more than twenty five dollars. I mentioned to him what you said about waiting till the land is sold, till he gets a fee, and he said that would not be a business proposition, but that it was enough to wait till the suit is decided. Well, with the suit decided, it would not be difficult to settle, for, with the land free from title complications, you will have something to pay with even if you cannot speedily sell or raise money on it- Judge Merrimon is

An honorable man, and while he deserves and gets good fees, I have never heard him accused of exacting unreasonable fees, and if he is willing to go into this suit without naming any particular fee after getting a reasonable retainer, I would advise you not to insist upon a definite arrangement. But please do not let my views impel you this course against your judgment, and if you prefer, I will see just what definite arrangement he is willing to make.

Judge Merrimon has drafted a bill to be introduced in the legislature at its present session abolishing some of the drastic legislation that now disgraces the statute books, particularly with regard to the rules of evidence, referred to in the clippings you sent.

It would not be constitutional for the legislature to undertake to disturb vested rights by legislation enacted after the fact but it is constitutional for the legislature to prescribe only of evidence to the existence of such rights, and I am confident that, if the desired legislation passes, unfortunate land owners whose land has been sold for taxes will be in a much better situation to recover them.

Another thing I intended to mention was that, if we bring the suit in the Federal Court, that Court is not bound by precedents set by our State Courts, as I think I wrote you before. I think we can win the suit in the Federal Court.

I will write you again before very long.

With kind regards, and hoping the news you get from your father is good, I remain,

Yours Very Truly

C. E. Graham Esq.

Jan’y 20, 1897

Greenville, S.C.

Dear Graham;

Mr. Farmer was down here yesterday looking after Mrs. Patton’s matters, and said he would send the money to pay her share or the taxes on “White Egypt”. The State and county taxes are $26.55 and the city $35.40- total $61.95, and your third is $20.65.

Your third of the State and county tax is $8.85 and of the city tax is $11.80. You can either send direct to T. J. Reed and S. F. Chapman, or send the check to me and I attend to it.

The Lymans gave in that land also, but have not yet paid the tax- it will simplify matters very much, or rather it will save complications and much trouble for you and Mrs. Patton to pay the taxes before they do. Hoping you are all well, and with kind regards, I remain,

Yours Very Truly

M. S. Farmer Esq.

Jan’y 22, 1897

Flat Rock, N.C.

My Dear Mr. Farmer;

Mr. C. E. Graham has already responded to my request to him to send his third share of the taxes due on the White Egypt property on French Broad River, adjoining the cemetery, and I wish you would at noce send Mrs. Patton’s two thirds, $41.30. You remember the property is assessed at $2,950, the state and county tax, $26.55 and the city tax $33.40, total $61.95, two thirds of which is $41.30. If you send check on Hendersonville, remember it will cost me exchange.

Yours Truly

M. S. Farmer Esq.,

Jan’y 23, 1897

Flat Rock, N.C.

Dear Sir;

I have heard from Mr. Casselman, and he says he does not know the amount due him and Mr. Conant, but he thinks it is in the neighborhood of four thousand dollars, and that it may exceed that sum. He says that he would prefer to get his money rather than the property, and says he thinks Mr. Conant wishes the same thing; that he thinks no satisfactory arrangement can be made without their coming to Asheville, and that they are coming here to be present at the sale on the 8^th Feb., and will then consider any proposition that may be offered. He thinks he may come two or three days before the sale. He suggests that if any arrangement is made for Mrs. Patton to take the property she had better bid it off at the sale so as to get rid of other encumbrances. That was my view, as you may remember when we were talking about it the other day. When I hear from Conant I will write you.
Yours Very Truly

Geo. W. Pack Esq.,

January 22, 1897

Holland House, N. Y.

My Dear Sir;

Your favor of the 20^th received last night. I sent for Col. Young yesterday morning and he came in and we had a talk. He admitted that he had been unable to make the deal he had hoped to make by which he was to pay up arrears of interest. He said he had failed to effect anything atall, and admitted that his prospects for making it were no better than they were two weeks ago. He said he had offered to take $6,500 for the property, and before he went out he said that if he could get as much as two or three hundred dollars above the debt he would be glad to get even that, as if it would enable him to move and give him some little to live on.

I told him I would have to advertise the property, and we talked a good while, but were interrupted several times, and finally he went out and said he would see me again either yesterday or today. He has not seen me as yet. I note your remarks as to conveyance from Young and wife to you instead of foreclosure proceedings. In the first place, while the property is Mrs. Young’s, as suggested, she also signed the note with the Col., a circumstance which you have apparently overlooked, as you speak of transferring the note to her in exchange for the land. There was no suggestion between the Col. And myself of their transferring the property to you by deed. I have examined the N.C. authorities upon the subject of conveyances from mortgagor to mortgages, and was about to give up finding any case in point, when I hit on two cases that appear to cover the point involved.
Kimbrough Vs. Smith, 2 Dev. Eq., 558- “Absolute deeds, taken from embarrassed men after a treaty for a loan, are viewed with jealousy by courts of equity.”

McLeod Vs. Bullard, 84^th N.C., page 515- “Where a mortgage buys the equity of redemption of his mortgagor, the law presumes fraud and the burden of proof is upon the mortgagee to show the bona fides of the transaction”.
This last decision would seem to make it unadvisable to even purchase the property from them by paying them a small bonus, as hinted at (possibly) by6 the Col., as above related. Particularly is this true on account of the last clause of said decision throwing the burden of proof on mortgagee. I hardly think a suit would ever be brought, but it is the possibility of its being brought and won that is liable to excite some attorney hereafter when he comes to examine the title. In this respect there is no distinction made between mortgages and deeds of trust, since it is the mutual relation of advantage and disadvantage the law looks at.
Our weather is very find again today, after a disagreeable blow yesterday. I hear of a good deal of grippe, both here and elsewhere in the State, particularly Raleigh and Salisbury. Part of the Raleigh grip is charged to Mark Hanna.

M. S. Farmer Esq.

Jan’y 25, 1897

Flat Rock N.C.

My Dear Farmer;

I wrote you last week that Casselman said in his letter, and I have no heard from Conant also. As his letter sets forth pretty fully what they will demand &c., I will just copy it in full. It is as follows.

“Your favor of the 20^th Inst. Just received and would say, for my part (and I think Mr. Casselman would agree with me although of course I haven ot heard from him in answer to your letter) would be very glad of arrangements could be made so as to save the property for Mrs. Patton. I think Mr. Casselmans and my claim, with interest, taxes, and costs, and also Mrs. Conant’s tax deed, would amount in the neighborhood of five thousand dollars.

We should want part cash and would give time on balance if the party, who purchased the property was responsible, and the interest and taxes were paid promptly. I will write you again as soon as I hear from Casselman. I would like to know who the party is that contemplates purchasing for Mrs. Patton if you have no objections, as we would not wish to make any arrangements only with responsible parties. Of course Mrs. Conant would turn over to the purchaser her tax deed upon being paid the amount she has been paid out for same. This is included in the estimate of five thousand due on the property.

Please let me hear from you on receipt of this.
Yours Truly,

J. A. Consant.”

 

Following is a copy of my letter to Conant of the 20^th Inst.
“A friend of P.F. Patton and particularly of his family, wishes me to write to you to find out how much is due upon the river hill mortgage debt, and what arrangement he can make with you and Mr. Casselman about taking up that debt. I see the property is advertised for sale in Feb’y, and we want to see Mr. Sondley, your attorney, and he referred me to you and gave me your address. Mr. S. thought that you would prefer to get your money out of the land, rather than to get the land itself, and he said he thought you would be inclined to give time if the prospect was good for realizing the money. He said also that he thought Mrs. Conant would turn over her tax deed, upon reimbursement for her outlay. I wish you would please write me at once as to the amount due, as near as you can state it, and, either before or after hearing from Mr. Casselman, write me your wishes an what you would require if an arrangement should be contemplated for renewing the debt, the same being placed upon a more business like basis.

He has already rescued for Mrs. Patton some valuable property from sacrifice, and it is chiefly for Patton’s family that he is interesting himself, Patton being upon his last legs, physically as well as financially. Early reply will greatly oblige, Yrs &c.

P. S. I am writing a similar letter to Mr. Casselman.”

You will see by this letter of Conant that they are not going to be satisfied unless the matter is put upon quite a different basis that what it now stands on. We may as well look that square in the face, and, unless you can arrange for some cash or some additional security, as a last resort, we might as well let it alone, as it appears to me. It might be well for you to come down again right off and let us go and view the premises carefully so as to form some better idea than what we now have as to what inducement there is in the property for great effort or sacrifice in order to secure it. I used to be very familiar with the property, and could soon grasp the situation though I have not been on it for a number of years.
Yours Truly

Jan’y 26, 1897

Hon. W. A. Hoke

Lincolnton, N.C.

Dear Sir;

Your esteemed favors from Winston were duly received, and filed for reference, in case of purchasers for your property in MOntford. I note your wishes and instructions in regard to offers. Replying to your question as to whether I think Mr. Pack would like to buy his lots ba k at a less price than what he received from you I can only surmise, as you can- I should think not. I know that he has a great quantity of real estate in and near Asheville which he had to take under foreclosure proceedings, and that he wants to convert it into money, and is proceeding to do so with all speed consistent with good business management. But, if you wish me to, I will write and ask Mr. Pack about it. It is very difficult to hurry up real estate sales- real estate is real mulish- the more you tug at it, the moer it pulls back. It is this fact that makes it so easy for a smart man to bust at the business. See?

Yours Very Truly

Col. Geo. W. Clayton
Jan’y 26, 1897

Waynesville, N.C.

Dear Sir;

Your favor inclosing N.Y. exchange for seventy five dollars, payable to yourself and endorsed by you to the order of the National Bank of Asheville, was duly received, and I have taken it to the Bank and received in exchange for it the enclosed receipt for $64.00 for six mos. interest on your loan from Mrs. Lyons, up to Jan’y 10^th inst And the enclosed chaser’s check of the Bank for $11.00, excess of your check over the said interest, as requested.

Mrs. L some years ago withdrew her business from the firm of Gwyn & West because of my heavy indebtedness to her. I had no fault to find with her for this, when my business relations cease with a party, I like for them case and stay ceased; I would therefore prefer if you will hereafter send direct to the parties authorized to receive her money, especially as I do not save you any trouble whatever by attending to it as I have in this case.
I hope your family has fully recovered from their attack of illness, and that your spirits have risen accordingly.

Geo. W. Pack Esq.

Jan’y 26, 1897

Holland House, N.Y.

My Dear Sir;

Your esteemed favor of 23^rd (evening) was received this morning. I had previously received your other letter of the 23^rd, and acted on it, to the extent of writing out the advertisement and giving it to the printer yesterday, the ad. to come out Tomorrow morning in the Gazette. I shall, of course, recall the ad today.

I sent for the Col again (maybe I had better state that it was Col. Young, as there are several other colonels besides you and Col. Young in this here neighborhood) to see what he had to say, and how he would talk. He says his son in law, Robert Calyton of Cane Creek, ex- county commissioner, is trying to raise the money for him, to pay up all arrears of interest, and is in town today, and will be here for a day or two. I told him I thought you would extend the loan for a year or more if he succeeded in doing that, and that is about as far as we got, as somebody came and interrupted us.

I had thought that your instruction in the other letter of the 23^rd that I should say to the Col. that he might within any reasonable time, redeem his property on paying you back your debt, exclusive of any expense you had been at in foreclosing your claim, was not at only a very liberal one on your part, but one that would have pleased him, particularly if you would have given him a written statement to that effect, naming the time within which he might do so; and I would have advised, in that case, that you specify that you would execute to him only a quitclaim deed.

Let me say further that, while of course we cannot tell the future, (however much I might once have thought I could), I do not believe that the execution of the power of attorney would do any good by which I mean that I do not think the property would be sold in the near future at even $5,500, much less $6,500.

Far be it from me to advise shutting down upon a man who seems to have tried to do the best he could- but I am of the very decided opinion that Col. Young has practically nothing except what you are disposed to concede to him, considering the difficulty of selling property of that class here now. Unless you intend, directly or indirectly, to forgive him a part of his debt, and I am sure I should applaud the act, it seems to me that you might as well take charge in fee simple. In fact, even if you do so intend, I imagine that it would be only in the way of returning him part of the money you may realize from the property and not by taking more money out of your pocket and giving him before it appears whether or not you will be ever reimbursed, and, following up that idea, I am of the opinion that about the only way you will get back even the money you have put into it, will be to cut it up and sell it in lots.
How would this do---Suppose you give the Col. a promise that, after foreclosure, provided you have to buy the property, you will give him a certain time to re-purchase, at such price as you may name, and, in default of his so re-purchasing, you will then proceed to sell the property upon the best terms you can, with ordinary and reasonable care and delay, and that you will give him all over a certain amount with interest &c. Maybe it would be better to hold the second part of this proposition in your own breast, and give the Col. only the first part of it, as at first proposed.
How I expect (as we say), if I was talking to you instead of writing and should ask you if I might rest awhile you would be kind enough to say that you would try to excuse me for the present, so that both of us could rest.
Maybe it is wrong for a trustee to suggest foreclosure, but I think the letter taken as a whole would acquit me of any desire to oppress.

3.
I have been to dinner, and rested. I have also thought some more. It would not be necessary for the Youngs to give me a power of attorney, strictly speaking, but they might authorize me to sell, without giving power to convey. I believe you were looking out for me somewhat in making the suggestion, which is very kind of you whether true or not. I don’t know whether I could very consistently demand or require of them, as a price of delay in the execution of my power of sale, that they should agree to give me exclusive control of the sale of their property, on a commission, at a given low price, for a given time. In fact, let me say now, that, as bad as I need money, I do not want any consideration of my commissions to stand in the way of any consummation that might otherwise be made between you and the Col., on a compromise of the debt. Unless you misevaluated the amount of the debt when you spoke of their selling for as little as $5,500, you evidently are willing to take less than par for the debt as it stands. How, if that be the case, how would it do to say to them that, within a certain time, you would give them a _ release for a given sum? This would enable them to make little in case of their being able to sell, at such price as they saw fit to take. I am afraid nothing would come of it though, unless you are willing to lose and nok[?] off moren I bleve[?].

            I shall have to ask you to excuse me now, as I have another letter to write this evening to the same man on another subject, but I am going to give him a whole day, or at least between trains, to recover from the inclosed. The thermometer was down to 12 this AM.

Geo. W. Pack Esq.,

Jan’y 26, 1897

Holland House, N.Y.

My Dear Sir;

I wrote you briefly a few minutes. Nothing has been done for a long time about the Vance monument matter. A fellow beyond Biltmore, son-in-law of Mr. Penland, who, (they fellow, not Penland), taken lessons in sculpture in Richmond, under one of the old masters, name not stated, or if stated forgotten, has made what he claims to be a quite a bust in clay of the late senator, and came after Mr. Powell and myself to go and look at it. We begged off until you should return, so that, you could go with us, come back sometime or other. The new Board of Commissioners are too busy trying to get into harness, and providing for their friends (for which I do not atall blame them), to have given much, if any consideration to the matter of the removal of the court house. Things are, therefore, extremely quiet in that direction. I am satisfied that when the court house is moved there will be a great cry for the land on which it “sets” to be left open as a rendezvous for loafers and tramps and capering dogs, and that it will take a round price in money to tempt the commissioners to allow it to be appropriated to any the most unobjectionable private use.

            When ever that court house is moved away property around the square will look up sharply, in my opinion. Particularly will the desirability as a site for a large office building) be greatly increased. A building of the right kind there will or would be, in my opinion a great financial success. The number of professional men is increasing here constantly, and the occupation of, and demand for rooms in the business quarter by persons and lines of business other than professional. This latter demand I do not speak of as much direct interest to the fortunate proprietor of the new legal block to be sometime erected on the piece of ground above referred to, but its indirect value to that building will be in the way of absorbing the supply of rooms already erected and new in use by that class and the professional classes, and thus preventing a disastrous competition between owners of rooms within a reasonable distance of the public square.

I know a number of professional men, particularly doctors, in good practice, who are occupying for want of better accommodations, rooms exceedingly uncanny and inaccessible, reached by twisting and narrow stairways, ill lighted and gloomy &c, and I believe that the majority of these would pay higher rents gladly for new and well lighted rooms reached by an elevator, in the new egal[?] block.

            The size of the ground is about 70 feet square I think- I used to think it was 90 by 70, but I have been informed recently that is only about 70 each way. It seems to me that it would be very easy to utilize all the space on every floor advantageously, on such a lot, with good light in every room, especially in the upper stories.

O. Ellery Edwards Jr., Esq.,
Jan’y 27, 1897.

Washington, D.C.

My Dear Sir;

Your favor of the 24^th was received last night. I had written you a card telling of Miss Edwards’ calling and paying me $13.00 for you.

            The 140 acre tract, a two thirds interest in which the Lymans claim by reason of their tax deed, is assessed for taxation at $2,900. What it would bring now I cannot tell. It is difficult to sell anything now for money or part money, as there seems to very little money around. The other tract is assessed at $2,000.

            The next inquiry is as to fees of counsel and costs of the action in Federal Court. As to that I will write you later after I have had an opportunity to confer with Judge Merrimon. He is now engaged in the trial of an important law suit.

            Last but not least, you practically ask for a brief of the facts and of the law applicable to them. Well, I will make it, but for that I must have time. It is perhaps as well to make it out now, for though I would, but for your request, have waited until the facts were sworn to at the trial before the commissioner to be appointed to take the testimony (in the proposed Federal Court suit), so that it would not have to be changed to fit a state of facts different from what was formerly supposed to be the facts, still, it

Won’t hurt to make out a brief based upon what I deem to be the facts susceptible of proof on the trial, and the work will not be wholly lost by any means, as all the facts will not be different from what I now think they are. I have memoranda not only of the supposed facts, and of many record facts, but also of a good many decisions and learning applicable to the case, and it is the collation of these, with such additional citations &c., as may be necessary, that I shall have to complete and put into shape for future reference and use, and for your examination.

            With thank for your kind wishes and with reciprocation on my part and that of my family, I remain,

Yours Truly

Jan’y 27, 1897
Dr. J. A. Burroughs,

City.

Dear Sir;

Would you kindly drop me a line and let me know at what time of day I would be most likely to find you either at your house or your office? I want to see you on a business matter. If it is very uncertain about my finding you at leisure at all, perhaps you can call at my office some time within the next three days- I am usually at office between the hours of 9 and 1 o’clock, and from 2:30 till 3:30. Yours Very Truly,

W. B. Gwyn

Col. A. H. Baird

Jan’y 27, 1897

White Pine, Tenn.

My Dear Sir;

I expected you up here at this term of the Criminal Circuit Court, but I have just learned that you are not well.

I am afraid you have the prevailing grippe, that is troubling so many people this winter, a disease which I am very thankful to say I have never had as yet. I hope this letter will find you improved in health. I wanted to see and talk with you about the Edwards-Lyman suit for that Vance land. I think what passed between you and Zeb. Vance may be very material evidence, as it tends to establish an understanding between Zeb and Lyman all along, and a conspiracy to defeat the mortgage lien of Edwards. If collusion could be proved between Zeb and Lyman, it would certainly knock that tax deed out. I know that you, in common with all good citizens, view with abhorrence the acquisition of real estate at less than one hundredth part of its value by any man, however orderly and correct the proceedings under which he acquires it. It ought not to be possible for a man to do it in any event. It would be better if purchasers at tax sales should be allowed as high as three hundred per cent on their money, instead of twenty five per cent, than they should be allowed to take the entire property.

We are thinking somewhat of instituting another suit for the property, in the Federal Court, so as to get a more speedy trial, and if we do, the practice in that court is different from what it is in our State Courts; in the Federal Court a commissioner is appointed to take testimony, and he can sit at different times for that purpose, according to the convenience of witnesses and counsel. Young Edwards, before he commences another suit (there is already one pending in the State Court), wants to know about what facts we expect to prove, and what the law is &c, as he wants to avoid involving himself in needless suits. I think what you can testify to as having passed between yourself and Zeb may have considerable bearing upon his decision in the matter, and therefore I beg of you the favor of writing me at your earliest convenience a summary to the best of your ability, of what you remember of the matter. Be assured, my friend, that I will put you to as little trouble as possible in the very…

Case, and will adopt such means of getting your testimony, when it becomes necessary to have it, as well put you to the least inconvenience. I know you agree with me that a great outrage has been attempted upon the rights of the Edwardses, and that you would like to see the attempt fail in all the ignominy that it deserves.
I am perfectly satisfied that several people who live in the vicinity of the Vance place could give very important testimony in the line above indicated, but you know how those people are, and how impossible it is to get them to commit themselves, and how they will go back on what they have said in the past and declare that they remember nothing whatever of the kind. So I look to you to help me out in this case, and any trouble you are up to and any favor shown will be greatly appreciated.

Your friend

Jan’y 28, 1897

Geo. W. Pack Esq.

Holland House, N. Y.

My Dear Sir;

I have just learned of a possible purchaser of good property here, and think perhaps the Davidson place might suit. I would like to have your present views as to price, as it has been a good while since we talked. My information I that he has a good deal money but I think he will be shown lots of good property. It is the chilliest day we have had this winter; the thermo stood at 0 degrees exactly this morning early, but had climbed up to 9 degrees at 2 o’clock.

S. J. Harris Esq.,

Jan’y 29, 1897

163 S. Main St, City.

Dear Sir;

Your favor received. What is the cash value of your Tampa Fla., property? What is the assessed value? It is possible a trade may be made, as the owner of the cottage and two acres is a trading man, and does not live in Asheville.
Yours Truly

Jan’y 29, 1897.

Hon W. A. Hoke,

Hotel Mt. Vernon,

Baltimore, MD.

Dear Judge;

Your favor received. The people at the Batter Park Bank say that they have sent you the note. I don’t think it has been lost in the mail. I think they were dilatory in sending it.

Yours Truly

Geo. W. Pack Esq.,

Jan’y 29, 1897

Holland House, N.Y.
My Dear Sir;

Mr. C. H. Campbell, who bought the lots of you in Montford, as had built a nice house on Montford Ave., now let to a new comer, wants to build another and larger on there, and lacks some money, say $2,000. He proposed to mortgage the entire lot on Montford Ave., with the house now built and the one to be built, but the later he said that he rather preferred to secure the money on his home place on Haywood Street. The security is unquestionable- the house contains about nineteen rooms, is in good shape every way, and the property would be exceedingly reasonable at $5,000- he would not take that for it. The steam heating cost him 500. Besides the security proposed, the personal element is all that could be desired, as Mr. Campbell assures me he owes nothing, and I have long known him to be a man of conservative and strict business methods. I also know something of his means, and believe the money would be safe without any security. I thought perhaps in view of the purpose for which this money is wanted, you might see your way to letting him have it, say $2,000 for three years at six percent, and if it is not convenient for you personally, you might, in this case, the man and the security being so unquestionably good, recommend the investment to some friend or acquaintance, wishing to invest a little money.

The snow reached a depth of about 2-1/2 inches. The thermometer stood at 3 above zero at my house at daylight. Hoping you are all very well, I remain,

Yours very truly

Jan’y 30, 1897

Geo. W. Pack Esq.,

Holland House, N. Y.

My Dear Sir;

I have just received your two letters of the 28^th, in regard to the Young matter, and will be guided accordingly.
Mr. Bostic came and said that Mr. David said that if he got some money he expects to get, he is inclined to offer five thousand dollars for the three remaining lots on Chestnut.
Bostic wanted me to write you and get from you authority to accept that place if offered, provided you are willing to accept it, so that when the offer is made David will not have two or three days to change his mind. I think there is a possibility of my selling those three lots to another party at the price suggested, which is only a hundred dollars less than 3,400 for two lots and 1,700 for the corner, which was your last year’s price.
I am mighty sorry to have to say that at this writing, with more than half of the last day of the month gone, I have rolled up in commissions and fees for January only $40.17, of which $20 was a realization on work done last July and August. Am sorrier still to have to beg you to let me keep(?) this money, instead of paying it on account of the personal debt.

The thermometer and the clock were together about 9 AM.

[Geo. W. Pack in A/C W. B. Gwyn
Jan’y 1]

J. H. Woody Esq.

Feb. 1, 1897

City.

Dear sir;

I inquired at the shop for you the other day, and a man there told me you were sick. I hope you have recovered. Please send me a check right away for that boiler of Gilliat’s, as I need the money to pay the taxes on the property. The tax collector says he will advertise unless taxes are paid this week. Please attend to this without fail, without delay, and oblige,

$35.00.
Yours Very Truly

Chas. H. Hartshorne Esq.,

Feb. 1, 1897

Jersey City, N. J.

My Dear Sir;

I have at last succeeded in getting a tenant for your house for a year from the 1^st Inst., in Mr. Winfield Scott Baker, of 570 Washington Ave., Brooklyn. N. Y.

His family consists of himself and wife and a grown daughter and son, the latter a consumptive, and the cause of the sojourn here. They moved into the house last Thursday, by agreement when the lease was made. The rental is four hundred and eight dollars, payable monthly in advance, $40.00 per mo., with provision that if, for unavoidable cause (the possible death of the son being in contemplation), they vacate the premises “before the expiration of this lease as stated, this lease may be cancelled at the request of the party on the second part on his paying for two months beyond the time of vacating the property as aforesaid: if, at the time of vacating the property less than two months remain of the said term, then the party of the second part shall be required to pay only the full amount of four hundred and eighty dollars reserved by this lease, the payment of which sum is to be completed at the time of such vacating,

            I regret to report that quite a lot of repairs have been necessary. The cellar windows had a good many glass broken out, presumably by boys, and the ctaches[?] were off- one of the attic windows had been thrown bodily out by some unknown means, and had to be made over. On these accounts I paid nearly five dollars. I had the kitchen and kitchen closet repainted, and the ceilings of the lower and upper hall kalsomined. I mean the walls and ceilings of the kitchen. This bill was $13.50. I also bought a pair of andirons $1.25, as it was impossible to get the house warm with the furnace, and I also ordered but have not yet paid for a couple of mattresses, cheap ones, ones having been spoiled by a poor squirrel that has got into the house but could not get out, and it seems, realizing his sad fate, determined to die, like a gentleman, in bed, We are not done yet, for the plumber has to be settled with. The basin in the bathroom is cracked and I have agreed to have mother put in, cost say $3.50. I got a new shaker 5 for the furnace great, and owe the plumber for two or three trips out here to put the furnace in order and clean out the flues of furnace and range, turn on the water and soon, and in addition to that, I have been compelled to order a new fire pot for the furnace, the exact cost of, which could not be foretold- will render full statement in due time- have no on hand for you. $7.41 having paid $8.00 for the above mentioned mattresses since I wrote that I had not yet paid for them. Your taxes are due and the city tax collector threatens to advertise on the 6^th Inst. City tax $38.80, State and county, $28.80. Better send.

 

Feb’y 1, 1897.

K. C. Menzies Esq.

Hickory, N. C.

Dear Sir;

The city tax collector threatens to advertise all property the taxes upon which is not paid by the 6^th Inst. The City tax on your lot on Bailey Street $9.00 and the State and county $6.75, and if you send check I will attend to by paying them.

Yours Truly

M. S. Farmer Esq.,

Flat Rock, N.C.

Feb. 1, 1897

Dear Sir;

I see a notice in the Gazette by city tax collector in which he says that he will advertise all property on the 6^th Inst., on which the taxes have not been paid. Please, if possible, send at least the money to finish paying the city taxes on the “White Egypt” property, one third of which has been paid by C. E. Graham [?], as I wrote you.
I wrote fully as to Conant and Casselman, and the 8^th Inst is nearly at hand.

Yours Truly

Eli Mustin Esq.,

Feb. 2, 1897

Dear Sir;

If Mr. Robertson still wants that money, and you come and see me right away, I think I can get it.

Yours Truly

Feb 2, 1897

Geo. W. Pack Esq.,

New York.

My Dear Sir;

I am very much obliged for your favor accepting the Campbell loan of $2,000, and write to ask to send the check along, as I have seen Mr. Campbell. I suppose you still want me as trustee, instead of making a mortgage.

We had a heavy, wet snow yesterday, and a very great “slush”, the worst I ever saw here, I think. Today it is some cooler, with wind from North threatening another cold snap. The snow got about two inches deep, and is nearly gone now. It appears that there was nothing atall the matter with Alger, or with Michigan. If I was certain you are intimately acquainted with the gent, I would ask you what is the matter with Hanna.

            Hoping that you are keeping well with this changeable weather, and  that Mrs. Pack and Mrs. Rollins, and her husband are well, I remain,
Yours Very Truly

E. J. Wills Esq.

City.

Dear Sir;

Some days ago you spoke to me about wanting to borrow some money, and I then told you I know of none for loan. I now know of some that may be had provided the security is satisfactory and with terms to be agreed upon, and if you will call I will explain.
Yours Truly,

W. B. Gwyn

Dr. J. H. McAden

Charlotte, N. C.

Feb. 4, 1897

Dear Sir;

Mr. J. M. Thrash, whose farm on Valley River I have for sale, suggested that you might like to place your extensive properties in that neighborhood with me for sale. I am now in correspondence with parties in the West who are desirous of leaving that land of blizzards and coming to W. N. C., and also, indirectly, with some Northern people who made the mistake of going too far south, Louisiana, and have come to the conclusion that western North Carolina is about the place for them.

Yours Truly

Hon. Sec’y of State,

Feb. 4, 1897

Dear Sir;

I have a request from a Michigan party for printed information about North Carolina, such as was formerly furnished for free distribution by the immigration department &c., which was abolished, if I mistake not. If there is anything in that line now sent out by any department of the State government, will you kindly put me in the way of getting it, and very much oblige,

Yours Truly

Feb. 5, 1897

Prof. A. DuPour-

Charleston, S. C.

My Dear Friend;

Your valued favor of the 3^rd Inst is just received and in reply will say that you write me under date of the 19^th Nov. from Newbern, and I quote from your letter as follows: “I include the mortgage deed of which I spoke you when at Asheville, and which I can cash when my coowner Mrs. Bryce sells her share (1500 a.) of Peter Evan’s place.”

On the top of the package of Newbern papers you left with me I find a deed from Peter Bryce as party of the first part, yourself as party of the second part, and J. Y. Bryce and Julia C. Bryce as parties of the third part, dated in Feb 1889, executed by Peter Bryce in Tuscaloosa Ala., yourself in Forsythe Co., N.C., and the other Bryces in Mecklenburgh, and which I think must be the paper referred to, as it mentions a deed of the same date from you to Peter Bryce for ½ interest in the land, made in pursuance of a contract between you and J.C. Bryce, which had been transferred to Peter Bryce, and providing that upon the sale of the land you should be repaid 1880$ and interest, and you and Peter Bryce should be repaid $510 &c, with interest 8%.

I hope you will succeed in your scheme for leasing the place. We are all pretty well now. Mrs. Gwyn had an acute attack some two weeks ago, which she thinks was grippe- it was certainly severe enough for grippe, but did not last very long. She is all right again. The baby was also tender about the throat for a while, which caused us some uneasiness, as there were two cases of diphtheria quite near us, which resulted fatally.

I see that you have deferred for two days your departure for New York, as I remember you had set the 8^th to have Charleston. I hope you will have a most delightful “sail”(I believe they still call it sailing, whether there is a sail on the ship or not), and I dare say the trip will be very full of interest to you and Mrs. DuPour. I should think, any way, that traveling would be a perpetual pleasure to a man who, like you, is possessed of such fine memory of what most of has a read and forgotten, and that when you touch Africa’s shores, your imagination will be taking you back to the times of Hannibal and ancient Carthage. There seems to be an inherent tendency to strife between Italy ancient and modern, and North Africa, ancient and modern. And right here I will just prudently drop the subject lest I get into deep water, as I generally do when I leave off generalization and undertake to go into details.

I hope to receive another letter from you before you go down to the sea in a ship, and I trust that you will also write as soon as you touch land again.
With warm and sincere regards to all from all of us, I remain,
Yours Most Sincerely

Chas. H. Hartshorne Esq.

Feb. 5, 1897

Jersey City, N. J.

My Dear Sir;

Your esteemed favor inclosing ck for $67.60 for payment of taxes reced this morning, and I herewith inclose receipts for State and County taxes, $28.80, and for city taxes $38. 40.
I find by reference to my letter book that I made a mistake of forty cents in my estimate of the city taxes, so there is 40 cents to yr credit on my books on that account. Inclosed please find Messrs. Waddell & Slider’s bill of seven dollars for vacancy permit, for which please send ok, as I had to pay another bill since writing you which took all I had for you. I suppose Messrs. W. & S. would wait till next mo., but I think it would not be altogether convenient for them. Regarding the prospects of a sale, there seems to be little right now, but you know it is only the unexpected that happens, and some purchaser may come along most any time. I don’t think the present tenants will put themselves out to help us make a sale; the best I hope from them is that they will make no effort to defeat a sale.

I don’t know whether that squirrel went into your house for his health or not; if he did, it appears that what health he got by the operation struck him “in the neck”, as it does so many other poor fellows who come here after the article.

Going from frivolity to graver matters, I do believe I shall be compelled to have several of your rooms re-plastered overhead as the plaster is threatening to fall off- makes the house look bad.

Geo. W. Pack Esq.,

Holland House, N. Y.

My Dear Sir;

Your valued ($2000) favor inclosing check for two thousand dollars to be loaned to Mr. C. H. Campbell was received last night and I slept rich. Today I turned over the wealth to Mr. Campbell, deposited the deed of trust for record, had the insurance policy properly indorsed, and have put Mr. Campbell’s note for the amount payable to your order three years after date, Feb. 1^st., in my safe, where it will remain subject to your order. Mr. Campbell retains the insurance policy, which is with Waddell & Slider, for $1500, and expires Dec. 1^st 1897.

It was another awfully sloppy day yesterday, but it is now fairing off somewhat. Considerable talk of grip yet, but I don’t know how much of the sickness is really grip, it being quite the fashion to say grip, no matter what the ailment. There must be some real grip here however. Capt. Patton says he had a real bad time, it being his first attack, at that.

[Letter marked out]

Mr. Edward Murray

Feb. 6^th, 1897

Battery Park Hotel,
City.

Dear Sir;

I have an application for two thousand dollars on a new andwell built house on Montford Avenue. The party is willing to take the money for five years, at six per interest per annum, payable semiannually. I can go with you at any time to see the property, but lest I might not be in when you call, I will suggest 3:45 PM Monday the 8^th, if convenient for you. We can go out on the 4 O’clock car.
Yours Very Truly

H. Doubleday Esq.,

Feb. 8, 1897

Tryon, N.C.

Dear Doubleday;

Can you give me the address of R. H. Hudson, the grocer who handled your grapes? He left here last summer and was gone before I knew anything about it. We need his testimony in those suits. I was told that a letter directed to Toronto would reach Hudson, but I wrote some weeks ago and have not heard from him. If I can find him I will have his testimony taken by a commissioner.

Yours Truly

A. H. Baird, Esq.

Feb. 8, 1897

White Pine, Tenn.

My Dear Sir;

I wrote you some days ago, but have not had reply. Kindly write me as soon as convenient and very much oblige,

Yours Truly

C. S. Shattuck Esq.,

Feb. 8, 1897

Memphis, Mich.

Dear Sir;

Your esteemed favor of recent date was duly received and in reply will say that if you will write to the Secretary of State at Raleigh, N.C., or to the department of Agriculture, and ask them to send you a copy of “The Hand Book of North Carolina”, published in 1893, they will send it to you, and you will find much information in it for yourself and friends. I note what you say about intensive farming. I have always believed in it. It would be better to let the bulk of the farm run to weeds and woods and cultivate a small part well than to proceed as most people do scratch over the whole. What is the matter with dividing up the Thrash and Hickerson farms into small holdings? There is enough land in those two farms for several families. I am counting on hearing from you again to more purpose, and on getting you and your friends happily located in this part of the vineyard.

Yours Very Truly

Mr. Waldo K. Chase,

Kenilworth Inn.

Feb. 9^th, 1897

Dear Mr. Chase;

Would you like to put out a little money here on good real estate security at six per cent interest? If so, I have some good applications, and will tell you of them and show you the property offered as security.
Yours Very Truly

R. H. Hudson Esq.,

Feb 9, 1897

Parry Sound

Ontario, Canada

Dear Sir;

On receipt of this will you be so kind as to write me a line informing me of the fact, and giving your proper address for the next few weeks. I did not know you were leaving Asheville until after you had gone. I hope you and your family are well.

Yours Very Truly

C. E. Graham, Esq.

Greenville, S. C.

Dear Graham;

I advertised the Randolph place and have had several inquiries. One man, S. J. Harris, wants to trade you a house and lot in Tampa, Fla., new, nice house, well built, lot 65 X 146, rents straight along for $18.00 per mo. He says the house was finished about a year ago, and has been occupied at the above rate since the 28^th of Feb. last year. A man by name of Frecker, furniture dealer, lives in the house. I suppose you know somebody there who can give you a pretty good idea of the property. Harris has been and examined the Randolph place, and says he will trade even, you paying my commission.
He says he has been informed by somebody that you cannot make a good title to the Randolph place- says one of the heirs did not sign the deed &c. I told him you would make him a warranty deed, and it was the first time I had ever heard of anybody making any claim to the property. He says his place is mortgaged to B & L Association, seven hundred dollars, but paid down to about six hundred dollars. I have told him yours was mortgaged for $1,000, and he said he would have to have sufficient boot to even up things.

You can see pretty well by this whether it will be worth while for you to investigate his property. He says the property is only about ¾ mile from the Court House.
I have also advertised your Patton place, Park Ave.; and had a good many inquiries, but everybody fights shy when they find out what place it is. I have offered it to a great many people, and it is certainly a hard place to sell.

It would be better if some nice people were living there, and I want you to say, when you reply to this, what is the lowest rent I can ask, or take it offered, from right kind of party.

Harris says there is nobody in the larger cottage on your Randolph place- says a man by the name of Harris, a shoemaker, is living in the cottage. What rent do you get for the larger house? I might have rented it this morning to a Boston man.

Harris says it is a corner lot Highland Park, on Highland Ave., lot 1, Block 10, on what they call Tampa Heights.

C. E. Edwards Jr. Esq.

Feb. 11, 1897

Washington, D. C.

My Dear Sir;

I can now answer more definitely some of the inquiries contained in your letter of the 24^th Ult., having just seen Mr. Merrimon. He says the court and witness fees in the U. S. court should not exceed $50.00, and those of a special examiner $25.00- but in order to be on the safe side, let us say $100.00 for these items. This cost you would of course get back from the other side if you win the suit. If, however, the other side, being thrown in the suit, should appeal to the Circuit Court of Appeals at Richmond Va, the cost of prosecuting the action in that Court would be considerably greater, as it would involve expenses of counsel to go there, in addition to court costs.

As to counsel fees Judge Merrimon says that if you will send him a retainer fee of fifty dollars, he will make us further charge unless you win the suit, and in that case he would charge $150.00 more, but would give you plenty of time to pay it, as I wrote you I thought he would. He now expressly says so.

As for myself, I think I ought to have, so no time or other, at least three hundred dollars for foreclosing the mortgage and for services in connection with these tax suits, especially if this other suit shall be brought in and you win it. I will wait until the suit is decided for my fees, and, for that matter, until some of the land is sold unless it is convenient for you to pay sooner, but in case I should very much need a little on account and you could conveniently pay something I would not like to be held down strictly to the agreement to wait till the last day for all.
IT should be borne in mind that it is not essential, however desirable, to imply additional counsel- Judge Merrimon himself took occasion to say that it was altogether unnecessary, and that I could just as well attend to it by myself. I cannot subscribe to the latter, for I know he would be of great use, though not indispensable but you can consider the case with him left out, if you choose. On the other hand, we have already one suit pending, and it is not essential to bring another, though preferable I think.

I am daily expecting a letter from Col. A. H. Baird, who was assignee of Gen. Vance and his son James N., and by whom I hope to establish a corrupt agreement between Zeb Vance and Lyman to defeat the mortgage. That will be one of our very strongest points, and I am waiting on what he tells me he can swear as to that, before I make up the statement of facts &c. Baird is now living in Tennessee, and I have written to him twice about the matter.
I will write you again in a week or two.
With kind regards, I remain, Yours Truly

Asheville Poundry & Supply Co.

Feb. 11, 1897

City.

Gentlemen;

Your favor inclosing check for $35.00 for J. K. Gilliat & co, old boiler at factory on Grove Street received. I had the factory nailed up again a few days ago, and if you have not got the boiler out yet I wish you would let me know when you go to get it, and please take care to close the building again when you get the boiler out, which you can do by closing from the inside and getting out one of the windows on the North side. Trespassers never enter the building from the North side.

Yours Truly

Col. A. H. Baird

Feb. 12, 1897

My Dear Sir;

Your esteemed favor of the 10^th Inst is to hand and I am much obliged to you for it; but the contents thereof are somewhat disappointing in that you have apparently forgotten a good deal that passed between you and Zeb. Vance, and it may be that I can refresh your memory some little. It is still more probable, I think, that additional items will come to your mind from time to time.
First, in regard to your remarks to the effect that Zeb. Vance’s talk would have but little weight with a jury. I think you under estimate that, because any jury with a right sense of justice would be glad to seize upon any plausible excuse to find fraud, whether they were positively sure of it or not, for it is a most iniquitous transaction that these sharks should be allowed to hold this land for twenty dollars out of pocket. And if we can prove that Zeb. V admitted or boasted of an arrangement between himself and Lyman to let the land go to sale and fail to redeem it so as to let Tyman get a deed, and then they two to divide the spoils, I believe a jury would find fraud. For myself, I really believe there was fraud- I was convinced of it chiefly from what you told me Zeb. Vance said. Another evidence of fraud was the attempt on the part of Lyman to seduce the General into a like scheme, which he spurned.

Now, as I remember the matter, your denunciation of Zeb. Vance was directly provoked by admissions or boasts of Vance that he and Lyman were in league. I think he had promised you that he would pay his taxes out of the rent corn, and you took him to ask about breaking that promise, and he then shamelessly said he and Lyman were going to get the land, and Lyman was going to give Vance’s wife some money of a quitclaim. I remember this amount as three hundred dollars instead of three thousand, as you say in your letter, probably a slip of the pen.
I don’t want to worry you too much about this matter, but I am confident you feel about it very much as I do. You will be troubled about it as little possible in the way of giving evidence. If we bring the federal Court suit, a commissioner will be appointed to take your evidence, right at your home, I suppose.

I would be thankful for another letter from you within the next few days, as I want to know, as near as possible, what you will be able to swear to.

Hoping that you will have fully recovered from your illness, I remain,

Yours very Truly

Maj. R. Bingham,

Feb. 13, 1897.

City.

My Dear Major;
Will you be so kind a to stir up Henry Bason for me? He paid me on the 17^th of Oct., last, $10.00 for months of Feb. Mar., Aril and May 1896, and he therefore owes for seven months of last year and two months this year, $22.50 in all. I would be very much obliged if you will speal to him about it.

Geo. W. Pack Esq.

New York

Feb 13, 1897

My Dear Sir;

I see that Dr. Depew has had a bad case of the grippe, from which I infer that the disease has struck New York again, and as I learn that it has abated considerably here, it seems that you would be about as safe here as in New York. I am inclined to believe that if you can get here without taking cold you will pull through without the grippe. Wise men write that we are inclined to believe what we wish to believe, so maybe you had better consult another doctor 2; one who is interested in keeping you in New York. We are having a magnify-----here I was interrupted by Mr. H. F. Grant, who came in to say that he has heard that there is no telling when you will come back and that he has an application from some wealthy people from “Up-the-Hudson” for a house, and that only your place or Mr. Woolsey’s would fill the bill—that Mr. Woolsey offers his from June 1^st for a year at $500 per mo., but they won’t give that much, and Mr. Grant thought it might be safer for him if I asked you than if he asked you if you would rent your house, say from May 1^st. RSVP.

F. B. Arendell Esq.

Feb. 15, 1897

Raleigh, N. C.

Dear Sir;

Your favor of the 11^th, postmarked the 13^th was duly received, and in reply will say that you can send on the supplies of the “UNITED STATES FIDELITY and GURANTY COMPANY” and I will try it on.
Yours Truly

Feb. 18, 1897

H. F. Grant Esq.

City.

Dear Sir;

I have heard from Mr. Pack in regard to your inquiry as to whether he would rent his house. He asks me to say to you that he will not rent his house as he intends to occupy it himself; that even if he were disposed to rent it the rent would not be any less than what Mr. Woolsey asks for his, and that your man had better take Mr. Woolsey’s.

Yours Very Truly

J. A. Jarvis Esq.

City

Feb. 17, 1897

Dear Sir;

Referring to your proposition to plow up the land sowed last Spring and plant it in corn, owing to the failure in getting a stand in clover, I have considered the matter, and I believe it will be for the best, where it is evident that there is not a sufficient stand of clover. On the other hand if you find any considerable patch in one place where there is a good stand, it should be allowed to remain. It might be better also to cultivate the bottom land in corn, as you request; this will give quite a boundary to be put in corn, and I trust that, with such a large crop in, you will give the matter, and the land, more of your personal attention than you have done in the past. It is partly with this view that I assent the idea of putting in so much in corn. If you tend the bottom in corn again, it ought ot be put into nice shape, briars and bushes cut away, and things made presentable and neat looking. The weather is getting so fine I should think the land ought to be broken up without more delay, as soon as dry enough to plow.

Feb. 17, 1897

Messrs. Tucker & Murphy

City

Gentlemen;

In the case of J. R. Starnes et al Vs. L. L. Cain et al, Judge Shuford, the referee says that if it suits the convenience of counsel he will take up the hearing on Saturday 27^th Inst., so I will be obliged if you will write me whether that day will suit.

Yours Truly

Jos. A. Haefeli Esq.,

Feb. 18, 1897

St. Paul, MINN

Dear Sir;

Your favor of the 15^th Inst., referring to and answering my letter of the 28^th of Sept. last, has been received, and in reply I will state that the condition of affairs is somewhat different now, as Whitson, the attorney who brought the suit attacking the Rawls-Carter transaction lost his case before the Superior Court, and also in the Supreme Court, to which he appealed from the decision of the court below. He claims, however, that it was on a technicality, and declares that he will bring another suit. In the other case, he undertook to appear by motion in the cause already pending, or which had been pending—I mean the suit brought by Rawls as administrator against Mrs. Carter and her children, the widow and heirs of the late M. E. Carter, to whom the ¼ interest in controversy belonged. The suit was brought by Rawls against the widow and heirs as aforesaid for the purpose of getting a license from the Court to sell lands for the payment of debts—it was the proper proceeding to bring—Whitson, as I understand, does not deny that—but he claims that there were irregularities about the proceeding which render it void or voidable, and in effect or in so many words charges that there was a purpose of defrauding the creditors of Carter by getting the title to the land into Mrs. Carter, a sister of Rawls, by her bidding it off at the sale at a small price. He says that his client, a judgment creditor, had no notice of the proceedings or of the sale, and undertook to come into the case by motion to set aside the sale of the land to Mrs. Carter by R awls administrator for $400, which he alleged was an insufficient consideration. The other side argues that he had no right to be made a party, and that he was entitled to no more notice than what was due to and was given to the general public. The Supreme Court decided in favor of Rawls, and said that Whitson’s client had no right to be made a party to the proceeding and that the validity of the proceedings and the sale and deed to Mrs. Carter by Rawls could not be attacked except by a separate suit for that purpose. This suit Whitson declares he will bring Judge Merrimon, who has been employed by Rawls as additional counsel to defend, says he expects to win the suit if brought, and to sustain the validity of the proceedings heretofore had. If the new suit to be brought gets a chance to be heard and decided as speedily as the late notion was heard and decided, which is hardly probable, we ought to know before a great while whether the proceeding is valid or not. But, at present, we know no more than we did before that the Court will hold as to the irregularities charged against the sale.
The day before Christmas, Rawls met me on the street and told me of the decision of the Supreme Court, and said that he supposed there would be no further impediment to our completing the division of the property, now that the Courts had held against Whitson. I

Had a pretty good idea what points were presented to the Supreme Court, and expressed a doubt as to whether the Court had passed upon the main point, as to the regularity of the proceedings &c., and then Rawls seemed to lose his temper and was rather rude. I promised to consider the case, and was on the point of writing to you several times to ask you what you wanted done. I would have written long ago if I had felt perfectly sure what to advise.

I do not believe you would lose anything whatever the result of the threatened suit, especially if you and Rawls should exchange now before the brining of the proposed suit, as you could point to the record of a court and say you had a right to depend on its judgment. Hat is expressing ordinary language what is good law. While I would not urge you to exchange deeds, I shall not oppose it, and I shall therefore just hold the deeds a few days until I hear from you again.

An idea occurs to me that perhaps (though it’s hardly probable unless he is in better humor than formerly), Rawls might consent to pass deeds with you and leave the deeds in the hands of some person or some bank, with an agreement signed by both of you to the effect that if the suit to be brought is won by Whitson and the proceeding declared void, the deeds are to be returned to one parties signing them, but that if the suit is decided in favor of the validity of the deed &c., then the deeds are to be turned over to the grantees.

If you approve of that plan, I would rather you would write me as if it was an idea that occurred to you, without suggestion from me. You might suggest that, even if you are willing to exchange deeds outright, and I can try it on Rawls and if he refuses, then I can say “all right, we will then pass the deeds absolutely”.

This is a lot of writing to but little definite purpose; but I have found that a good deal of trouble taken beforehand saves a good deal more afterwards, and I have learned by bitter experience that the best way to get out of trouble is to avoid getting into it.

You do not have to write at such great length to me, as I keep press copies of all business letters, and you have only to refer to the date and so forth, and make your decision upon the points raised.

Yours Very Truly

Asheville, NC Feb. 18, 1897

Misses Blake, Lash & Cassels
Toronto, Canada

Mr. R H. Hudson, a Canadian who lived here a while, is an important witness in some suits I have, as [?]- I have written to him in vain, both to Toronto, and to Parry Sound, which a fellow country-man of his now here thinks is his proper address. If you can locate him for me, and will take his depositions for me, kindly answer, and state, as near as you can, your charges for taking the depositions.

W. B. Gwyn attorney

P.O. Box 671, Asheville. N.C. USA

John M. Scott, Esq.,

Attorney-at-Law

Feb. 18, 1897

Fort Worth, Tex.

Dear Sir;

Your favor inclosing imperfect transcript of judgment in Justice’s court, Thos. D. Miller Vs. W. B. McAdams, was received in due time. I re-inclose the document, which you will perceive is not signed. I looked up McAdams, and I find that there is a man here by the name of R. W. McAdams who came here some six weeks ago and has recently set up a job office outfit in the “Gazette” building, and he has some arrangement with that paper for setting up his matter on the linotype machine. He seems to have a nice new lot of machinery.
I was shown a paper, trade issue of some paper he published in the Territory, or Oklahoma, Jan’y 1894, and his name was there in print, “R. W. McAdams, not McAdams)---he came from Ardmore, I.T.
Possibly you have made a mistake in his initials- I would be pretty certain of that, were it not that the letter you inclosed from the St. Louis firm to the Ardmore man contains the same name you give M.B.[?] McAdams.

I would have spoken to him about it, but thought it perhaps I had better wait till I hear from you again, so that I could bring suit promptly if necessary.

When you have straitened out the matter of identity, if you wish suit brought on the judgment you will have to put the matter into different shape- a full discussion of the law on this subject will be found in Vol. 12, Am. & Eng. Encyc. Of Law, 148 &c., from which it seems that you will have to docket the J.P’s judgt. In the Superior Court, thus making it a judgment of that court. I find little or no authority on the subject in this state.

Yours Truly