land dispute

Coley v. Artis, pt. 8: They call me Tom Pig.

The eighth in a series excerpting testimony from the transcript of the trial in J.F. Coley v. Tom Artis, Wayne County Superior Court, November 1908. The dispute centered on 30 acres of land. Thomas “Tom Pig” Artis began renting the property in 1881 from William J. Exum, a wealthy white farmer. In 1892, Exum’s widow Mary sold the land to Napoleon Hagans. Hagans died in 1896, and the land passed to his sons Henry and William S. Hagans. In 1899, Henry sold his interest to his brother William, who sold the 30 acres in 1908 to J. Frank Coley, a young white farmer. Tom Artis laid claim to the property, arguing that Napoleon Hagans had sold it to him. Coley filed suit and, after hearing the testimony of more than a dozen witnesses, the court decided in his favor. (Paragraph breaks and some punctuation have been inserted for better readability.)

Defendant introduces TOM ARTIS, who being duly sworn, testifies:

My name is Tom Artis. They call me Tom Pig. I own some land, 30 acres. (Plaintiff objects.) I have been living on the 30 acre tract of land 25 years, except one year. I mortgaged this land to Mr. [William J.] Exum. (Plaintiff objects.) I don’t know about how long it was. About 25 or 30 years. (Plaintiff objects.) I don’t know what became of that mortgage. I got [Napoleon] Hagans to take it up. (Plaintiff objects.) I don’t know who was present when I got Hagans to take it up. When Hagans agreed to take it up, Mrs. Exum, Hagans and myself were present. I own the 30 acre tract and lived on the tract adjoining. After Hagans took up the papers, he told me that I could build on that place, or on the 24 acre piece. He said he thought it best for me to build on mine, he might die sometime, and there might be some trouble about me holding the house. I did so. He furnished the lumber, and I did the work. I decided to build on his side. After I built there I had been paying the 800 lb. of lint cotton year in and year out. (Plaintiff objects to each and every statement of the foregoing evidence.) The 800 lb. of cotton was to keep up the taxes and the interest of the money. (Plaintiff objects.) I have been paying this 800 lb. of cotton all the time. (Plaintiff objects.) I left that place one year. I left because my house got in such a bad fix, and I couldn’t stay there and run my business like I wanted to, and I went over to Mr. Jones’. I rented the land. I rented it to Simon Exum. He gave me 950 lb. for the 30 acre place. I rented the Calv[in Artis] Place and the Adam Artis place. I moved back after one year at Mr. Jones’ place. I built on the Hagans place. Since then I built the piaza and shed room, to my own expense. Borrowed money from Hagans. I paid him back. He didn’t pay for the repairing of it. He furnished some shingles. Got 1/4 covered. I never asked W.S. Hagans to sell the 30 acre tract of land. I never said to Hagans in the presence of [Henry S.] Reid or anybody else that I wanted him to sell it. I never asked anybody to buy the 30 acre tract of Hagans. Not the 30 acre tract. I had a conversation with Mr. [J. Frank] Coley with reference to buying that land. I was talking about the Calv place. My land wasn’t brought in. The Calv place is the place I rented and lived on. That’s the land I spoke to Mr. Coley about buying from Hagans. He said if Mr. Cook and Hagans didn’t trade to send him a note. I told Hagans, he said tell him Coley, if his hands were not tied. I remember going over to Mr. Coley’s mill with Hagans. I didn’t hear any conversation between Hagans and Coley with reference to buying this tract of land. They were off from me. I didn’t know what they were talking about. I heard them say when they came back to the buggy, Hagans said that he would see him again shortly. I don’t know if he said what day. Next I heard after that was that Hagans had sold it all to Mr. Coley, mine and all. I never rented the 30 acre tract of land. I know Jno. Rountree. I never asked him to go to Will Hagans and ask him to give me an opportunity of buying the 30 acre piece of land. I never said to Will Hagans, Jno. Rountree or Henry Reid, or anybody that I wanted Hagans to give me the opportunity of seeing my boys in Norfolk, so I could buy the 30 acre piece. I asked Hagans what he would take for the acre back of my house, of the Calv place. I told him I would buy that. His answer was, “Can you find a buyer for the other part of the Calv place.” I told him I didn’t know. He walked about his buggy house door. He said, “Uncle Tom, I can’t take what that mortgage calls for for your land, land is so much more valuable now than it was when yours was given.” It passed off at that. Next I heard he had sold it to Coley.

Coley v. Artis, pt. 6: He was rejoicing at the opportunity.

The sixth in a series excerpting testimony from the transcript of the trial in J.F. Coley v. Tom Artis, Wayne County Superior Court, November 1908. The dispute centered on 30 acres of land. Thomas “Tom Pig” Artis began renting the property in 1881 from William J. Exum, a wealthy white farmer. In 1892, Exum’s widow Mary sold the land to Napoleon Hagans. Hagans died in 1896, and the land passed to his sons Henry and William S. Hagans. In 1899, Henry sold his interest to his brother William, who sold the 30 acres in 1908 to J. Frank Coley, a young white farmer. Tom Artis laid claim to the property, arguing that Napoleon Hagans had sold it to him. Coley filed suit and, after hearing the testimony of more than a dozen witnesses, the court decided in his favor. (Paragraph breaks and some punctuation have been inserted for better readability.)

Defendant introduces JONAH WILLIAMS:

I have had a conversation about this land. All I know is what Hagans and Tom told me. The first talk was with Napoleon Hagans. (Defendant objects.) Best I remember I went to him to borrow some money to open my brick yard in the Spring. He referred to this deal and some other deal. Tom wanted to take up some papers, and had done so, and I remarked to Hagans how much better off than he was before. He said he was rejoicing at the opportunity. He promised to give 800 lb. of cotton until he could work a advance to him. He said if Tom did that he would never disturb him his life time. I asked Hagans to have it in a written contract, that his heirs might dissent from it. He replied that 800 lb. was a good interest on his money, and his heirs would probably be satisfied. I had a conversation with Tom. I saw him two or three weeks after that. (Plaintiff objects.) I spoke to him about Hagans taking up the Exum paper. He told me Hagans had ***** to take that up. Hagans had given him a chance to pay the debt off. Whenever he paid anything on the principal, he would not have to pay the 800 lb., but simply a lawful interest on the money. I advised Tom to do his best and pay some in on his principal.

CROSS EXAMINED.

He said that he had taken up the mortgage; had it transferred. He said “claim,” I might have said “mortgage.” I don’t say ‘Pole Hagans told me all his business, but I knew about as much as anybody. Said he was going to let him (Tom) pay 800 lb. of cotton until he could pay the principal. Mortgage given in 1881 to Mrs. Exum. This conversation about 12 or maybe 14 years ago. Don’t know whether it was as late as 1890. Began brick business in 1893. I can’t tell whether it was in 1880 or ’90. ‘Pole Hagans died about two or three years before this took place. Tom married my sister. He is not a member of my church. I turned him out. He is a Primitive Baptist. I preached Napoleon Hagans’ funeral.

——

Jonah Williams’ church was Turner Swamp Primitive Baptist, just north of Eureka in Wayne County, but he helped establish a string of Primitive Baptist congregations in Wilson and Edgecombe Counties. His daughter Clarissa Williams served as principal of Wilson’s Colored Graded School after the boycott, and several of his brother Adam T. Artis’ children settled in Wilson County.

Coley v. Artis, pt. 5: Maybe he might redeem it.

The fifth in a series excerpting testimony from the transcript of the trial in J.F. Coley v. Tom Artis, Wayne County Superior Court, November 1908. The dispute centered on 30 acres of land. Thomas “Tom Pig” Artis began renting the property in 1881 from William J. Exum, a wealthy white farmer. In 1892, Exum’s widow Mary sold the land to Napoleon Hagans. Hagans died in 1896, and the land passed to his sons Henry and William S. Hagans. In 1899, Henry sold his interest to his brother William, who sold the 30 acres in 1908 to J. Frank Coley, a young white farmer. Tom Artis laid claim to the property, arguing that Napoleon Hagans had sold it to him. Coley filed suit and, after hearing the testimony of more than a dozen witnesses, the court decided in his favor. (Paragraph breaks and some punctuation have been inserted for better readability.)

Defendant introduces T.F. Jones, who being duly sworn, testifies:

I had a conversation with Napoleon Hagans about this land, the 30 acre piece. (Plaintiff objects to question and answer.) I got after Uncle ‘Pole to see me the land. I told him if he would give me a deed for both places, the Calv Pig, that is the 24 acre piece, and the Tom Pig place, the 30 acre piece, I would take them. He told me he would sell me the Calv Pig place, but the Tom Pig place he had promised to let Tom stay on that as long as he lived, that maybe he might redeem it. That about ended the conversation with us. I bought some timber off this land from Tom. Off of the 30 acre piece. I suppose Hagans knew about it. (Plaintiff objects.) I couldn’t say that Hagans saw me hauling the timber, I guess he saw me. (Plaintiff objects.) Hagans never made any objection. I had a conversation with Tom about this land along during that time, when Uncle ‘Pole Hagans first got rid of that Calv Pig place, about 15 years ago. I asked him if he wouldn’t sell his part, and what would he ask for it, (Plaintiff objects). He said he didn’t want to sell it, he expected to redeem it sometime. Last Fall I told him if he expected to get that mortgage he had better attend to it. He said he had boys in Norfolk, who would take it up; that he had confidence in Will Hagans. That if his boys let it slip out after he died, they could. (Plaintiff objects.)

CROSS EXAMINED.

Mr. W.J. Exum died about 1885. Tom is known as Pig. I don’t know why he was called Pig. I think they got “Pig” from “Diggs”. Some of his people ‘way back there, were named “Diggs”, and they got to calling it “Pig” for short. I remember when Napoleon Hagans died. I was down the Country. I left here in ’94, and came back in 1900. He died during that time. I got this timber 20 years ago. I was buying all I could, I don’t know how much I got. I got it by the tree. I went in 1881 and milled ’till 1890. Either ’81 or ’82. I bought the timber about that time. I didn’t know that the deed from Mrs. Exum to Hagans was executed before 1892.

——

Jones’ guess about the origins of Tom Artis’ nickname is unsatisfying. “Pig” from “Diggs”? In fact, Thomas and Calvin Artis took their nickname from their father, an enslaved man, who was called “Simon Pig.” Artis was the surname of their mother Celia, a free woman of color. (Tom Artis was not a Diggs, but his niece Frances Artis married Wilson (or William) Diggs in 1868 in Wayne County.) I have found no other record of manumission, but Simon Pig Artis is listed as the head of his household in the 1860 census of Davis township, Wayne County. He reported (or was attributed with) $800 of real property and $430 of personal property. The land was almost surely his wife Celia’s; she is one of the earliest free colored property owners appearing in Wayne County deed books.

1860 census, Davis district, Wayne County, North Carolina.

Several Diggs descendants settled in or owned property in Wilson County; see here and here and here.

 

Coley v. Artis, pt. 3: I never heard anything but “rent.”

The third in a series excerpting testimony from the transcript of the trial in J.F. Coley v. Tom Artis, Wayne County Superior Court, November 1908. The dispute centered on 30 acres of land. Thomas “Tom Pig” Artis began renting the property in 1881 from William J. Exum, a wealthy white farmer. In 1892, Exum’s widow Mary sold the land to Napoleon Hagans. Hagans died in 1896, and the land passed to his sons Henry and William S. Hagans. In 1899, Henry sold his interest to his brother William, who sold the 30 acres in 1908 to J. Frank Coley, a young white farmer. Tom Artis laid claim to the property, arguing that Napoleon Hagans had sold it to him. Coley filed suit and, after hearing the testimony of more than a dozen witnesses, the court decided in his favor. (Paragraph breaks and some punctuation have been inserted for better readability.)

Plaintiff introduces Jonah Reid who being duly sworn, testifies as follows:

I have heard Tom Artis say that he was going soon to pay his rent with cotton to [William S.] Hagans. I don’t know how often I have heard him speak of that, I have heard him say something about it several times when rent was due. I didn’t hear him say what lands. Some times he was cultivating the three pieces, sometimes the 30 acre piece. I am his son-in-law. I never lived with him. Live back of his house. Never heard him call it anything but rent cotton, not interest cotton. (Defendant objects.)

CROSS EXAMINED.

I told Hagans that I heard the old man say he was going to pay his rent, that was along in September, I think this past September. The only reason I told him was he asked me. He came by where I was working on the road. He asked me how long I had been in the family. I told him 16 years. He asked if I had ever heard anything but rent. I told him no. That’s why I told him. That’s all he asked me. Tom worked the three pieces, then afterwards the 30 acre piece. That’s all I remember Hagans said. I didn’t know there had been a suit about the land. Hadn’t had the suit yet. I said I didn’t like to say anything about my father-in-law. Hagans didn’t tell me that he Artis was claiming that he was paying interest. I just answered what he asked me. I told him I had never heard any thing but “Rents.”

——

Coley v. Artis, pt. 2: I would be glad if you would wait a few days.

The second in an occasional series excerpting testimony from the transcript of the trial in J.F. Coley v. Tom Artis, Wayne County Superior Court, November 1908. The dispute centered on 30 acres of land. Thomas “Tom Pig” Artis began renting the property in 1881 from William J. Exum, a wealthy white farmer. In 1892, Exum’s widow Mary sold the land to Napoleon Hagans. Hagans died in 1896, and the land passed to his sons Henry and William S. Hagans. In 1899, Henry sold his interest to his brother William, who sold the 30 acres in 1908 to J. Frank Coley, a young white farmer. Tom Artis laid claim to the property, arguing that Napoleon Hagans had sold it to him. Coley filed suit and, after hearing the testimony of more than a dozen witnesses, the court decided in his favor. (Paragraph breaks and some punctuation have been inserted for better readability.)

Plaintiff introduces H.S. REID who being duly sworn testifies as follows:

I know the Defendant Tom Artis. I had a conversation with him in reference to payment of cotton to [William S.] Hagans. This last fall I was on the road with Hagans and met Tom Artis carrying a bale of cotton. Heard conversation between Artis and Hagans. When we met in the road Tom said, “You are leaving home, and I have started to your house with a bale of lint cotton.” Hagans told Tom to carry it on as quick as he could, for he needed it about as bad as he ever saw anyone. He said that in a joking way. Hagans started off, and he said, “Hold on, Captain!” He told him that he understood that he was going to sell the land down there. Hagans said yes, that it was for sale. Tom said, “I would be glad if you would wait a few days, Captain, I think I can raise the money for that place,” didn’t say what place just then. Hagans said he had rather sell it altogether. Tom said if he would give him a few days until he could see his boys, he thought he could raise the money for it all. Hagans said alright, it was all for sale. That was about the end of the conversation and we parted. Later then that one day, at Eureka, Artis asked me if I knew when Hagans would be out at his place. I told him about the day Hagans told me he would be out there. Artis said I wish I would deliver a message to Hagans for him, “ask him not to sell that place to Mr. Wright Cook.” Said if he did, he would be out of house and home. He said he would rather Hagans sell it to Coley, for he thought he could get along better with Mr. Coley. I delivered the message to Hagans when he came out home. I think this is about the substance. That last conversation was a short while before the sale I think. Am not real sure when it was.

CROSS EXAMINED.

I told this conversation about Tom wanting Hagans to wait before he sold the land. I told several people, I don’t remember all. I am not able to tell. I think Hagans and I talked about Tom wanting to buy the land. I am not positive. I heard Hagans say that the old man wanted to buy the land from him, as I remember. I think I told the lawyer about the first conversation.

…

HENRY S. REID recalled by Defendant.

I don’t know that on the occasion I met Tom Artis, that he forbid Hagans selling his land. It wasn’t mentioned that day. I have never admitted to Tom that he forbid Hagans selling that land.

——

  • Henry Sampson Reid was a brother of veterinarian Elijah Reid and principal J.D. Reid. Both his wives were from Wilson County, and he eventually settled in Springhill township.
  • Note Reid’s naming practices. Wright Cook and J.F. Coley were granted the honorific “Mister.” William Hagans, a Black man whom Reid regarded as having similar or greater status than he, was called by his surname only. Thomas Artis, of lower social status, mostly merited only “Tom.”
  • William S. Hagans’ primary residence was on Oak Street in Goldsboro. Thus, Artis asked Reid when Hagans would be “out at his place,” he meant Hagans’ farm between Eureka and Fremont.

William S. Hagans at his Goldsboro home, circa 1900.

Photo courtesy of the late William E. Hagans; digital copy in possession of Lisa Y. Henderson.

Coley v. Artis, pt. 1: He never said he had any claims on the land.

The first in an occasional series excerpting testimony from the transcript of the trial in J.F. Coley v. Tom Artis, Wayne County Superior Court, November 1908. The dispute centered on 30 acres of land. Thomas “Tom Pig” Artis began renting the property in 1881 from William J. Exum, a wealthy white farmer. In 1892, Exum’s widow Mary sold the land to Napoleon Hagans. Hagans died in 1896, and the land passed to his sons Henry and William S. Hagans. In 1899, Henry sold his interest to his brother William, who sold the 30 acres in 1908 to J. Frank Coley, a young white farmer. Tom Artis laid claim to the property, arguing that Napoleon Hagans had sold it to him. Coley filed suit and, after hearing the testimony of more than a dozen witnesses, the court decided in his favor. (Paragraph breaks and some punctuation have been inserted for better readability.)

The Plaintiff introduces W.S. [William S.] Hagans, who being duly sworn testifies as follows:

I sold this land, the 30 acre, 24 acre, and the 9 1/3 acre pieces to Mr. [J. Frank] Coley. Mr. [J. Wright] Cook had been negotiating with me for the purchase of the 30 acre tract and the 24 acre tract. He did not want the 9 1/3 acre tract. I met Mr. Cook on several different occasions, until finally we met at Eureka one afternoon, he was considering it, and we finally decided on the deal. Mr. Cook was to give me $40.00 per acre for the the 30 acre tract, and the 24 acre tract. Before Mr. Cook did this however, he informed me that there was a missing link in the title, that he had found after investigating it. I told him that that was perfectly alright, as there had never been any question about it.

After our conference at Eureka, the day was set for me to meet him in Goldsboro, where he was to pay me the consideration, the price of the land, and I in turn to give him a deed for the land. He did not come on that day, but ‘phoned me at Fremont that he did not succeed in raising the money, but to please hold it open until tomorrow.

Early tomorrow morning, before sunrise, a bitter cold morning, the Defendant [Tom Artis] came to my house in Goldsboro. I asked him what brought him to town on such a cold morning, he said he came to bring a message from Mr. J.F. Coley, that Mr. Coley said that he wanted to buy that land, and would take all three of the tracts instead of two, said the Defendant to me, “that will be to your advantage.” The Defendant stated to me that Mr. Cook’s time was out yesterday. I expressed surprise that the Defendant should be familiar with those circumstances. Afterwards I said to the Defendant, that while Mr. Cook’s time was out yesterday, that Mr. Cook had phoned me yesterday & said he had a great effort to reach me, and finally did so asking me to hold the matter open until tomorrow. I told him that I would feel honor bound if Mr. Cook should come to me with the purchase price for the two tracts of land, to let him have it, although I would prefer selling the three tracts together. The Defendant said to me that if Mr. Cook got possession of this place that he the Defendant would not be able to stay there as Mr. Cook was a very disagreeable man to get along with. I told the Defendant that I would not deed this property to Mr. Cook, or to any one else until they made the same promise to me in reference to the Defendant’s staying where he was, that I made to my father in the presence of the Defendant.

The Defendant remained in shooting distance of me all of the day, waiting for me to see Mr. Cook that he might get from me a final message to take back to Mr. Coley. I saw Mr. Cook, and he informed me that the reason he couldn’t take it was that he had experienced great difficulty in raising that money. That money was hard. I was really glad of this, and so informed the Defendant, for I wanted to sell the three tracts if possible, together. Then I asked the Defendant to say to Mr. Coley on his return home, that I would meet him at the Defendant’s house on Friday, I think it was, but having business out there, I drove past, and got the Defendant and took him out to the Plaintiff’s place of business that was on Thursday, I went the day before the time set, and stated to the Defendant the object of my going down there, and asked him to go with me.

We went down there and Mr. Coley and I had a talk aside from the Defendant, and finally wound up in the Defendant’s presence. The conversation we had in the presence of Tom was Mr. Coley might have the three pieces of land, in consideration of $3250, and I take his paper. This was said in the Defendant’s immediate presence, he sitting on the buggy beside me. We left, the Defendant expressing himself as highly pleased that Mr. Coley had bought the three pieces of land, said he thought I had made a fine trade. He made no objection at any time to the sale of the land. He encouraged it all the while. He never intimated to me that he had any claims on this land of any kind. None whatever.

I got the land about 1899, deed of partition between my brother [Henry E. Hagans] and myself. After I got the land I rented that to the Defendant. The first year I think, I charged him 850 lb. of lint cotton, thinking all the while that my brother having acted for us both got 850 lb. for the two places, the 30 and the 24 acre lot.The Defendant informed me that my brother had been charging only 800 lb., and I agreed to the 800 lb. He did not at any time when delivering this cotton say that he was paying it as interest and taxes. (Defendant objects.) He has never said anything about paying it as any way than rent. He has never mentioned taxes to me on that property. I listed that land and paid the taxes.

I had some work done on that house since I came in possession. The Defendant patched the roof and also built a porch. I do not wish to state that I had it built. I paid for the lumber. The Defendant did the work himself.

The Defendant came to my place in front of the gin house last fall, and said to me that he had understood that I was going to sell those three pieces of land down there, we called it the Tom Pig place, the Calv Pig place and the Adam [Artis] place. He said he wanted to buy the Tom Pig place or the 30 acre. He asked me if I would prefer selling it all together. I asked him what he would want to give me for the 30 acre tract piece, and he said he would give me $800.00 for it. I told him I couldn’t take that, as I had already been offered $40.00 an acre, or $2160 for the two places. He asked me to give him time that he might hear from his boys in Norfolk, that he was confident that he could raise the purchase price for the 30 acre tract, if not for it all. The Defendant and Durden Fort were present at the time. Durden Fort has since died. In payment of this land, Mr. Coley’s notes were security fort this property. Mr. Coley’s home place I think. 60 some odd acres in addition to what I sold was given as security. One note is due in January.

CROSS-EXAMINED.

Tom said to me, “I think you sold those three pieces of land well.” He said that on the buggy. Mr. Coley and I behind the barn talked about this land. He wanted to get the land for $3000. I had an idea that Mr. Coley was a pretty good trader, and wanted to get it as cheap as possible, and I told him behind the barn what three pieces I wanted to sell him them for. I didn’t have to go through any particular form, we didn’t close the thing out, we continued the conversation until we separated. The pieces of land were all understood. He said in the presence of Tom, “For the three pieces of land I will give you $3250.00.” I thought it was necessary to innumerate the three pieces so he would see what he was getting.

Tom has lived on that place ever since I had it. I don’t know to my personal knowledge if he lived off of it. I was in school at the time, or at any rate away from home. Durden Fort was present at the conversation we had. He died in the summer. I had him as a witness. I did not rent my land at the same price every year to every body, not necessarily, to some I did, some I didn’t. The reason I charged him 800 lb. was because my brother rented it to him for 800, and I thought it was all he was able to pay, and there were other considerations. There were other considerations that induced me to charge only 800 lb. of lint cotton for the land. (Plaintiff objects.) It arose out of a conversation I had with my father [Napoleon Hagans] and Tom. My father was in feeble health in 1896. He called my brother and myself under the cart shelter at the home place and said to us that he was not going to live long, and he did not know to which one of us, that is his two sons, would fall heir to that property. Tom was present. That was the land in controversy. (Plaintiff objects), but as long as the Defendant, whom he called “Pig” paid his rent, let him remain. We promised. He did not say how much rent. I did not know as far as I remember that Tom paid to my father 800 lb. of lint cotton. I don’t know. I would rather believe he did. (Plaintiff objects.)

The cart shelter under which the Haganses met with Thomas Artis to discuss the land he farmed may have looked something like this structure, photographed recently in Mississippi.