In 1888, Louisa Staton Hagans filed suit against Applewhite Lane & Company, alleging that the company had wrongfully foreclosed on a horse belonging to her, not her in-laws. Hagans, her deceased husband’s mother, sister, and brother-in-law had lived on the same rented farm. Mariah Hagans and her son-in-law Moses Vick had entered into a chattel mortgage agreement with farm suppliers Applewhite Lane and Company. The families worked the farm together, but without Clem Hagans’ labor could not make a crop and they relinquished their property. At issue were some equipment and a bay mare named Daisy, which Louisa Hagans claimed belonged to her husband Clem, not his mother Mariah Hagans, and thus should not have been taken. She sought $150 in damages.
The transcripts of testimony, lightly edited for clarity:
Louisa Hagans vs. Applewhite Lane &c. } Evidence for Plaintiff
George Stated [Staton?] being duly sworn testified. Lived last year and year before with S.H. Whitley & year before lived in Edgecombe. Knew Clem Hagans, was husband of Plaintiff Louisa Hagans. He moved to Wilson about four years ago. He had a colt which he brought with him. His father give the colt to him. Helped his father pay a debt of $300. Give his colt in payment. Offered to buy the colt. Said can’t sell him. Had let Clem have him, couldn’t sell him. He moved up here about four years ago. Died last year. He and Louisa was living together as husband & wife. She owned this colt when he died.
X Ex [cross-examination] Came with his father about four years ago. I brought the colt. Colt was in Clem’s father’s stable when in Edgecombe. Clem lived with his mother since they lived in Wilson. Was to help pay his father out of debt. Clem said to his father. Father you won’t give him to me. Was call as a witness to agreement that he was to let him have the colt on condition that he helped him pay the debt. He did help. His father, son if you will help me pay out of debt, I will make you present of this colt. Clem said father, you won’t do it. He called me as a witness to it. Clem went on he and his wife and worked that that year out. And his father paid out of debt. Put it on his account book that it was Clems colt and called me as a witness to it. That was the last I heard of it. It was about four years ago.
Re Direct, I brought the colt to Wilson. It was Clems colt, I had no doubt about it.
J.E.N. Gorham testified. Clem Hagans and his family stayed on my place last year. I made the arrangements with Clem. His mother Mariah Hagans lived on the same land. He said he had team enough to cultivate a two horse farm. Clem owned the younger horse & his mother the old one. Clem died in Sept last on my place.
X Ex. Took no mortgage on his stock. He refused to mortgage his own horse and said he had no right to mortgage the other. They all worked together on the same farm.
Report of Commissioners to lay off Louisa Hagans years support marked “A” offered in evidence by plaintiff, including one bay horse valued at $150. See Exhibit marked “A”.
Mariah Hagans testified. I am the mother of Clem Hagans. My husband had been dead nearly 4 years. Will be 4 years next old Christmas. We lived in Edgecomb County with Mr. Edmundson before coming to Wilson. Clem Hagans died in Sept last year. Clem left a horse, plows, weeding hoes & shovel and a cotton planter as his property. The young horse was the one his father promised to give him. I was living with Mr. Gorham when Clem died. All lived in same field. I and my daughter & Mose Vines her husband lived together. Clem & his wife & children lived at the other place. I owned a horse which was kept where he kept his own. I moved to Mr. Frank Lanes after leaving Mr. Gorhams place. I made an arrangement to trade with Applewhite Lane & Co. Gave them a mortgage signed by me and Mose. When I mortgaged my horse Mr. Lane said I mortgaged both. My understanding was when I made the mortgage that I mortgaged mine and Mose mortgaged Louisa’s horse. After Clems death Louisa continued to live at same place.
Ex. This was the horse the old man my husband promised to give Clem. He had no right to give the horse. He and all the horses were mine. I claim all the property. My son always claimed the horse because I and my husband promised to give it to him. I give the charge of it while he lived to him, and he said before his death if you can’t all agree, for me to sell the horse and keep the money for the children. We all lived together before my husband died. My son died the next day after talking about the horse. He said at the time he was going to die. Have no children living. Six grandchildren. Louisa & her children have been living with me this year. I supported them from Mr. Lanes Store, or Applewhite Lane &c. Told Louisa last summer the horse was mortgaged. It was necessary to mortgage it to get support for her & her children. Louisa did most of the trading. I went only ones [sic]. All carried on the farm together. All this property including the horse I had the possession of and the control over it. Louisa was present when Mr. Lane took the horse and did not object. I and Louisa were present when the horse was sold. We made no objection.
Re D. The only right Clem had to the horse was by word of mouth from his father. I could have taken the horse away at any time but I did not. It was generally understood that the horse belonged to Clem while he lived. At his death it was to come back to me. I bought the mother of the colt from my old master. Give $185 for her and raised this colt from her. My husband was sold out one. They sold everything except the mother of this hours. She was not sold because she belonged to me. I never raised any objection to the colt going to Clem as long as he lived. Didn’t consider I had any reason to raise any objection, because he lived with me and I got the benefits of the horses labor. I raised no objection after his death, but I raise it now. I have had possession of the horse heretofore. The reason I said Louisa traded the most was because I sent her after the things, provisions, &c. Mr. Lane said when he took the horse that he would put her in the pasture. Neither of us raised any objection. I was told to come to town but did not know what was to be done until I got here. Don’t know whether Louisa was present when the horse was sold, but we both had been at the place when he was to be sold and knew he was to be sold. We were both within hearing when the horse was sold. Louisa is hard of hearing and I don’t know whether she heard or not.
X Ex. Louisa traded at the store after she knew the horse was mortgaged . I sent her there.
Defendants Evidence
Mr HB Lane being duly sworn testified. I wrote the mortgage offered in evidence marked “B.” That’s it contains the horse in dispute. Mariah Hagans mortgages the horse to Applewhite Lane & Co. She represented that the horse was her property. I advanced her supplies upon the faith of the property mortgaged. I advanced her about $270. I took possession of the property, she voluntarily surrendered it. She said she could not finish the crop and preferred giving the property up then. We advertised the property according to the mortgage for 30 days and sold it at the Court House door in Wilson. The property brought $134.50. Horse brought $40. Good crowd present. Several bids made. Horse was in bad condition. I bought all the property for the firm. They have it now. They allowed $70 for the work done on the crop. Leaving $200 due on account of the stock. Notified her of sale & Louisa came with her. Neither made objection to the sale. Louisa did the trading. Mariah came once. They all lived together. After the first bill, the bill was mostly for necessary provisions &c for themselves & horses. Bought feed for two horses.
X Ex. Mariah represented she had two horses to secure the advances. Got Moses to sign to convey his interest in the crop. I bought the property because I thought it was worth more. Sold 2 horses and 2 iron axle carts & gear. Took charge of no other property.
Mariah Hagans was recalled. These two carts were bought in 1886 when we were staying at Mr. Calvin Woodards. Clem bought them, one for himself and one for me. Never have claimed her cart, that belonged to him, but I claim the horse. Kept all together when we lived at Gorham’s. Don’t know whether Louisa objected to the sale of the cart. When Clem authorized me to sell the horse and other property, he said nothing about the cart. Never was any division of the carts. Used that cart this year. Clem left everything in my charge when he died. I owned one and Clem owned the other. We owned them in conjunction.
Louisa Hagans. There were two carts. One that had blue wheels belonged to my husband Clem Hagans. The one with red wheels was called Mariah’s cart. Clem left when he died 1 cart 1 horse 2 plows 1 cotton planter a hoe & shovel
X Ex. He claimed the blue cart.
Louisa Hagans’ attorney, John F. Bruton, reached a settlement with Applewhite Lane’s attorneys, F.A. and S.A. Woodard. Applewhite Lane would pay her $18, but were awarded the property and court costs. By time Hagans paid the court and Bruton’s fees, she likely came away with little.
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In the 1870 census of Lower Conetoe township, Edgecombe County, N.C.: farmer Willis Staton, 35; wife Sarah, 35; and children Joseph, 13, Louisa, 9, Rachel, 8, Sherrod, 7, and Sherman, 4.
In the 1880 census of Tarboro township, Edgecombe County, N.C.: Louisa Staton, 21, farm laborer; Daniel Pitman, 10; [Louisa’s] son Willie Staton, 1; and John Carson, 21, farm laborer.
On 5 March 1882, Clem Hagans, 21, son of Hilliard and Mariah Hagans, married Louisa Staton, 23, daughter of Willis and Sarah Staton, in Pitt County, N.C.
In the 1910 census of Wilson township, Wilson County: Lue Hagans, 48, widow, farm laborer; daughter Sarah, 23; [grandchildren?] Geneva, 6, Mahaley, 4, Mildred, 2, and “no name,” 4 months; and granddaughter Ida Banes, 17.
Louisa Hagans died 17 July 1930 in Wilson, Wilson County. Per her death certificate, she was 70 years old; was born in Edgecombe County to Willis and Sarah Staton; was a widow; worked in farming; and was buried in Wilson [probably, Vick Cemetery.]
Sarah Powell died 27 June 1939 in Wilson, Wilson County. Per her death certificate, she was 43 years old; was born in Edgecombe County to Clem Hagans and Louisa Staton; lived at 114 South East Street, Wilson; was the widow of Henry Powell; and was buried in Wilson [probably, Vick Cemetery.] Mahalie Stokes, Winston-Salem, N.C., was informant.
In the 1870 census of Tarboro township, Edgecombe County, N.C.: Hilliard Haigins, 43; wife Maria, 35; children Mahela and Clarence, 13, and Clem, 8; and Daniel Hagans, 26, farm laborer.
In the 1880 census of Tarboro township, Edgecombe County, N.C.: farmer Hilliard Hagans, 53; wife Maria, 50; daughter Mahala, 24, son Clem, 17; nephew Daniel, 35; and granddaughters Martha, 6, and Martha, 4. [Next door: Louisa Staton, 21, farm laborer; Daniel Pitman, 10; [Louisa’s] son Willie Staton, 1; and John Carson, 21, farm laborer.]
On 5 March 1882, Clem Hagans, 21, son of Hilliard and Mariah Hagans, married Louisa Staton, 23, daughter of Willis and Sarah Staton, in Pitt County, N.C.
In the 1870 census of Tarboro township, Edgecombe County, N.C.: Hilliard Haigins, 43; wife Maria, 35; children Mahela and Clarence, 13, and Clem, 8; and Daniel Hagans, 26, farm laborer.
In the 1880 census of Tarboro township, Edgecombe County, N.C.: farmer Hilliard Hagans, 53; wife Maria, 50; daughter Mahala, 24, son Clem, 17; nephew Daniel, 35; and granddaughters Martha, 6, and Martha, 4. [Next door: Louisa Staton, 21, farm laborer; Daniel Pitman, 10; [Louisa’s] son Willie Staton, 1; and John Carson, 21, farm laborer.]
On 12 May 1886, Moses Vines 23, of Wilson County, married Mahala Hagans, 25, of Wilson County, in Wilson.
Chattel Mortgages 1858-1889, Wilson County Records, North Carolina State Archives, Raleigh.
