The Battle of the Six Black Hogs Part II

   Part Two: The Battle of the Six Black Hogs

The post began involving the estate papers of Robert B. Lemmonds, a great-great grandfather of mine. In these papers were documents involving a lawsuit involving 6 Black Hogs that spanned over a decade, from 1889 to 1901. 

Bob Lemmonds was a farmer who had a running account at the Harrisburg General Store of one Mr. M. Oglesby. He also did handiwork for Mr. Oglesby from time to time and sold Cotton Crop there. 

The case began with a document called a Chattel Mortgage wherein R. B. Lemmons took out a mortgage of $10.00 (yes, you read that right) on October 1, 1888 with Mr. Oglesby with 6 black hogs, and "all" cotton crops and cotton seed. This document was witnessed by a neighbor, Fred Wagner and Bob's father-in-law, F. F. Starnes acted as surety.  The note was due on August of 1889 and when it was not paid, Oglseby took it to court, he claimed, because Bob Lemmonds did not want to pay. 

F. F. Starnes swore an affidavit that Bob Lemmonds had died the later part of December, the previous year and that he and other 'friends' had buried Bob themselves. 

Old Store restoration in Harrisburg, North Carolina

F. F. Starnes recalled that the case had been settled in 1889 by Judge W. J. Hill with judgement against the Plaintiff for $6.00, money owed to Bob Lemmons for work he did, against the running tab he kept at Oglesby's store. 

The last post ended during the statement of F. F. Starnes daughter Leavy, the widow of Bob Lemmonds, who stated that there never were 6 Black Hogs, that there were instead, only 5 little black and white pigs, born from a sow her father had given her, that she had raised. That the pigs were hers, and her husband never owned any hogs. 

This is the continuance of this tale:

Statement given by Margaret Leavy Starnes Lemmonds, widow of R. B. Lemmonds: "My husband worked for Oglesby all of the fall of 1889, run his gin, cased his boiler & he was a Machinist. His services were worth a dollar a day. He usually recieved a dollar and day and while away from home, he paid his board out of that. "

Statement by "Starnes" (taken to mean F. F. Starnes): "Lemmonds told me that Oglesby  owed him $7.00 upon a settlement after mortgage was paid. He said Oglesby had credited his wages on mortgage account and still owed him $7.00. The mortgage was given for store account. Supplies were furnished."

Statement by 'Defnt Ex': (Taken to mean Oglesby): Property taken under C & D (cash and delivery) were 5 black and white spotted pigs. Lemmons worked for me in 1888. I did owe Lemmons for work in Fall of 1889 & I applied it to payment for a store account Lemmons run with me & not to this mortgage."

Defdt excepts to this evidence - or incompetent under Sect. 590.

X  the mortgage was given for an old debt for goods I let Lemmonds have. 

The next page carries a great deal of weight as it is the statement of the Justice of the Peace who heard the original case in 1889, W. J. Hill. 

"On the 25th day of Nov 1889, I issued an order for claim and delivery of six hogs against R B Lemmond. Dft returnable the 6th of Dec 1889 lease continued to the 9th  and 16th Dec 1889 at which time both parties appeared. 

Plaintiff complains that dft owes him  twenty dollars due by note and account. 

Defendant denies the account whereupon the  the case was heard and upon hearing the  evidence in the case on both sides, I adjudged that the Ptff owes the Dft Six dollars & cash of this action. from which Judgement Ptff appealed, which was granted. 

All of which I served together with the process papers and other pleadings in the case. 

Jan 28th, 1890

W. J Hill JP

The following Jury was listed: R. G White, constable, David Cline, S. S. Thornburg, Wm Propst, R. C. White, Cal Honeycutt, Fred Wagner, Mack Stafford, Pet Cochrane. 

A following page lists Recapultation of Costs. Among these include .50 cents for Fred Wagner, witness for Lemmons, F. F. Starnes $3.20, Levy Lemmons $13.30 and .50 cents for David Cline, witness for Oglesby. 

In the end, Leavy Starnes Lemmonds is reimbursed for the 5 black and white pigs that Oglesby had confiscated and Oglesby was ordered to pay the $6 that Judge Hill had originally determined was still owed to Bob Lemmonds after his store was settled against the money Oglesby owed him for work and for Cotton. 

The Hill family and the Lemmonds family would remain in good standing, as the son of Bob and Leavy, Harvey Layfette Lemmonds would marry a niece of Judge Hill, Lottie Hill, daughter of Matt Hill, who was running a Grist Mill in the area at the time. 

And that was the end of the Battle of the Six Black Hogs. 

Six Black Hogs

The estate of Robert B Lemmonds was settled in Cabarrus County in 1898. He was one of my great-great grandfathers. Attached to the estate papers is a suit by a Mr. M. Oglesby. He was a merchant whose store was located in and around the Pless Mill area of Cabarrus County, North Carolina. Records show only one Oglesby family in the area, so it had to be him. Bob Lemmons worked for Mr. Oglesby from time to time. I call this the case of the Six Black Hogs, because it centered around this livestock. Black Hogs are a heritage breed, brought to this country from China via England in the late 1800's. They are a grazing pig and will forage for their food. They were raised for their hardiness, their exquisite flavor and gentle nature. They were an easy hog to keep and safer around families with children than the more aggressive strains.



 W. W. Burleyson, a neighbor, was administrator of the estate of RB Lemmons. Much of the language in the first pages are directed at him. Much of the papers is in legal mumbo- jumbo and gives little in the way of genealogical information, so instead of quoting the document word for word, I will just pick the meat out of this beefy 36 page document about pork.

 The first page dated January of 1898 mentions the action brought in Oglesby vs Lemmonds and that RB died the previous month, intestate. Page 3 begins the affidavit of F. F. Sterns or Starnes, father-in-law of Bob Lemmonds and my 3rd Great-Grandfather.

 He states he believes this action is one of claim and delivery, began by a summons issued by W. J. Hill, a justice of the peace, on Nov. 25, 1889 and tried on Dec. 9, 1889. on demand of plaintiff for $20 and recovery of 6 hogs. "Wherein judgement was nudend by said Justice against Plaintiff for $6 cash of action." Against Plaintiff was underlined. Also mentioned on this page is that F.F. Sternes signed as surety, "undertook and became bound", with the defendant. NO. 3 on the affidavit is worth quoting. "That the defendant, R. B. Lemmons died in the later part of December, 1892, on premises and in the presence of this affient and was buried by this affient and other friends of deceased."

 This paragraph gives a close account of the date of death for Bob Lemmons. I just wish it stated what he died from and where he was buried.

 5)"That from the 30th day of Nov. 1889, when this affiant signed said undertaking as surety,this affiant never heard anything about this action, except that Justice Hill had indend judgement for $6 cash against the Plaintiff" ... At the end of this statement, we get a view of F.F Starnes' signature as well as that of Paul B Means, counsel. Bob Lemmonds mother was a Means, and kinswoman of Attorney Means.


 The birthplace of F.F. Starnes is still up in the air. One census says Georgia, another North Carolina and yet another South Carolina. Documents concerning his 2 older daughters, Alice and Leavy give their states of birth as South Carolina. Since Finch does not show up in the 1850 census in North Carolina, but shows up in the 1860 census, next to his father, Frederick Starnes IV, it seems that he was in South Carolina in 1850. It could be that he was just across the border in York. His signature belies a good education.



 There is a copy of the 1889 summons, where R. B. Lemmond signed with F. F. Starnes as surety for $50 against the collateral of Five Black Hogs. Bob Lemmonds signature is large and loopy, almost feminine in it's curl and clarity.
 There follows summons on the following neighbors: David Cline, S.L. Thornburg, Fred Maynor, Cal Honeycutt, Fred Wagoner.
 The next page is a "Chattel Mortgage" signed by Robert Lemmond and witnessed by Fred 'Wagner' to M. Oglesby for $10 and due October 1st, 1889.

 The note continues "and to secure the payment of the same, I do hereby convey to him these articles of personal property, to wit: 6 Black Hogs & all crop of cotton com cotton seed & 'soise' on Fred F. Starnes land this year, 1889. This is the only mortgage I have given on the above named property. "

 That seems a great deal of collateral for ten bucks, even in 1889.

 A few more pages down is an Affidavit to Obtain the Delivery of Personal Property by owner. Mr. Oglesby claims to be the owner of
 Six Black Hogs
 Cotton Crop
Cotton seed
 Corn crop
 And claims the value of the property at $25, and that it is wrongfully detained by R.B Lemmons (who has been deceased over 4 years at this time) because he 'don't want to pay'.

 There are 5 pages following which appear to be preprinted charge account tally held at Oglesby's store. The letterhead says he is a dealer in General Merchandise in Harrisburg, North Carolina and boasts the 'highest market price paid for Cotton and Cotton seed.'

 The list of purchases gives a glimpse into the lifestyle and character of Bob Lemmons. His first purchase was a pair of boots for $2.50 on November 15, 1888.
 He bought basics like coffee, molasses and crackers, but he was very fond of sardines, buying them by the case and 3 times just on the first page.
 He paid a dollar for 4 days board, and made purchases for other people, including bacon for Mrs. Carver and cash for Cowan Pharr.
 He had bad habits, buying a plug of tobacco and a keg of whiskey. He liked coffee, oranges and apples. He bought tweed and twice something called 'Paul's cloth'.
 He was paid for 4 days work and four times sold bales of cotton, 7, 18, 17 and 10 at 80 cents per lb.

 By August and September of 1889, his tobacco habit had really increased, every second or third purchase being a plug of tobacco. Was his death tobacco related? He died before death certificates.

 He paid a number of people, ostensibly for work performed, probably in the cotton fields.
 The following is a list of Cabarrus county citizens he mentions:
 BUSTER CARVER
 BAXTER WILSON
 JOE BAKER
 WILL CALDWELL
 JOE MCLURE
 I A BOYLE
IKE MORRIS
 WILL CALDWELL
 JULIE FAULKNER
JOHN BROOKS
 LA CARVER
 JOHN BROWER
 BOB ALLEN
 FRED WAGNER
 CARSON PHARR
JM LOWDER

 His credits were for:
 work in sales @$1.25
 Putting up shed $10.00
 1 day hauling rock $1.00
 1 days work at Sloop's gin $1.00
2/2 " " walling boiler 1.00
 1 " " firing engine 1.00
1" " pulling up pulleys $1.00

 The next sheets were of the continuance of this case in January of 1901, M. Oglesby vs. W. W. Burleyson, admin of R B 'Lemons'. (notice how the spelling of the name changes from document to document).

 Mr Oglesby really wanted those hogs. The Plaintiff's case "when mortgage given hogs were on Starnes place. Six Black Hogs. Only found 5 when got C. & D. Property taken under C. &D. and recieved only 5 hogs. I valued hogs at $50.00 when I took out C. &D. I never saw them."

  Following this is the interesting statement of Mrs. Lemons, widow of R. B. Lemmons. This is Leavy Starnes, my Great, great grandmother, daughter of FF Starnes.

 She says, "I know the 6 black pigs or hogs. They were black and white spotted pigs. There were 5 of them when C&D taken out. They were worth only $15.00. They were all mine. My father gave the mother to me and I raised them. There never was 6 of them, only 5. My husband had no hogs. There were no other hogs or pigs on our place but these."

 I will continue Leavy's statement in the next post. How did this case come out? Who gets custody of the pigs? Did 6 black hogs ever exist, or only Leavy's little spotted pigs?

 Stay tuned for the case of the Six Black Hogs.