Aug Term 1799

 

[OCPQS 5/581 - Aug 1799]

State of North Carolina, At a County Court of Pleas and Quarter Sessions begun and held for the County of Orange at the Court house in Hillsborough on the 26th day of August being the 4th Monday in said Month and in the year 1799. Present: James Carson, Wm McCauley, Jno Thompson, Wm Shepperd, Empson Bird} Esqrs.

The Sheriff returns the Venire Facias Ex’d, Viz: James Lapsley, John Wilkerson, William Hagwood, Thomas Carter, James Neal, James Rogers, Rich’d Cates, John McDaniel, Joseph Thompson, Samuel Stewart, William Cain, William Kirkland, Absalom Tatom, Charles Kennon, Mordecai Southerland, Elias Turner, Geo Carrington, John Campbell, David Mebane, Page Patterson, Joseph Shaw, Joseph Allison, Eli Lindsey, Robert Hodge, James Strayhorn, John Breeze, Hamilton Allison, Robert Stewart, John Wilson.

[OCPQS 5/582 - Aug 1799]

Grand Jury impanelled and Sworn, to wit: William Cain, Eli Lindsey, John Breeze, Joseph Allison, Elias Turner, Page Patterson, George Carrington, Richard Cates, Hamilton Allison, Robert Hodge, William Kirkland, Mordecai Southerland, James Lapslie, Robert Stewart.

Reuben Smith sworn as Constable to attend the Grand Jury at this Term.

Remaining Jurors of the Original who have appeared and qualified, viz: Jno Campbell, David Mebane, Tho Carter, Sam’l Stewart, Jno McDannell, John Wilkerson, James Strayhorn, Joseph Thompson, James Neal, James Rogers, William Keelin, John Millison.

Remaining Jurors of the Original Pannell who have not appeared and are fined ni Si viz: Absalom Tatom, Wm Hagwood, Charles Kennon.

[OCPQS 5/583 - Aug 1799]

2. Jno Dunnavin vs Wm Butler} Guarnishment. Jury Sworn & charged, to wit: Jno Campbell, David Mebane, Tho Carter, Samuel Stewart, Jno McDannell, Jno Wilkerson, James Strayhorn, Joseph Thompson, James Neal, James Rogers, William Keelen, John Millison. Plaintiff called and non Suit. The Defendant above being sworn to compile his Guarnishment at the Suit of John Dunnaven agt James McMurtry Sayeth That at the time he was summoned as Guarnishee he had no property in his hands or possession of James McMurtry nor has he at any time since or does he know of any in the hands of any other person, Whereupon he is discharged.

[OCPQS 5/584 - Aug 1799]

5. Joseph Brower vs Augustus Benton} Covenant. Same Jury as in No 2 charged, find that the Defendant has not performed ????????? performed his Covenant nor has he been ready to ???, that Andrew Gibson Atto in fact for the Plaintiff made no agreement either before or after the assignm’t of the Covenant to him to receive any conveyance of Land in discharge of the said Covenant & assess the plaintiffs Damages to £448.2.6 & /6d Costs. Judgment for the Plaintiff on the Demurrer, Motion for appeal.

6 Jno McRea vs Geo Daniel} Debt, Gen’l issue, Paym’t, set off, release, accord & Satisfaction, Jury charg’d &c: Nath’l McLemore, Samuel Thompson, James Thompson, Henry Edwards, Isaac Jackson, Dav’d McCanliss, Rob’t Faucit, Caleb Harvey, Thomas Durham, Benjamin Raney, Hugh Mulholland, John Sharp. Plaintiff call’d & non Suit. Appeals.

[OCPQS 5/585 - Aug 1799]

12. Jno McMurray vs Wm Compton} Covenant. Same Jury as in No 6 charg’d, find for the plaintiff & assess his Damages to £22.2 & Costs.

20. Peter Fitch vs Compton & Ward} Covenants. Same Jury as in No 6 Sworn, find for the plaintiff & assess his Damages £53 & Costs.

In the Suit Joseph Brown agt Augustus Benton the Defendant offers Sam’l Benton & Nathaniel McLemore his Securities in his appeal who are approved of by the Court.

Administration of the Estate of Ellener English Dec’d is granted to James Carson who enters into Bond with Sam’l Turrentine & Robert Carson & Thomas Watts his Securities in the Sum of £250. [See also inventory OCPQS 5/629.]

Administration de bonis non of the Estate of David English Dec’d is granted to James Carson who enters into Bond with Sam’l Turrentine & Tho Whitted & Robert Carson his Sec’s in the Sum of £250. [Because the former administrator Ellinor English had just died. See above. See also administration OCPQS 5/418 & OCPQS 5/460, inventory OCPQS 5/629, partition of land OCPQS 6/152.]

[OCPQS 5/586 - Aug 1799]

The Execution of a Deed from Elias Turner Sr to David H Burton was duly ack’d in open Court by the said Elias & ordered to be registered. [See ODB 8/154.]

The Execution of a Deed from Andrew Gibson to Peter Summers was duly ack’d in open Court by the sd Andrew and ordered to be registered. [See ODB 8/196.]

The Execution of a Deed from Bozzell Warren to Benjamin Warren was duly ack’d in open Court by the said Bozzell & ordered to be registered. [See ODB 8/198.]

The Execution of a Deed from Wm Rogers Sr, Robert Hunter & Andrew Gibson to William Rogers Jr was duly proved in open Court by the oath of James Rogers a Subscribing Witness thereto & ordered to be registered. [See ODB 8/204.]

The Execution of a Deed from Wm Shepherd to Malachai Hatmaker was duly acknowledged in open Court by the said William & ordered to be registered. [See ODB 8/143.]

Court adjourns till To Morrow Morning 10 o’Clock.

[OCPQS 5/587 - Aug 1799]

Tuesday Morning 27th August 1799, Present James Carson, Jno Thompson, Emson Bird} Esqrs.

3. Cain & Armstrong vs Jonathan Clower} Jury charged, to wit: John Campbell, David Mebane, Thomas Carter, Samuel Stewart, Jno McDannell, Jno Wilkerson, James Strayhorn, Joseph Thompson, James Neal, James Rogers, William Keelen, John Millison. Find for the plff & assess the Plffs his Damages to £125.10.7 ½ & Costs.

[OCPQS 5/588 - Aug 1799]

7. Burgess Longwith vs George Watson} T V A, Gen’l issue & Stat Lim. Same Jury as in No 3 charged &c. Juror withdrawn by consent.

7. Burgess Longwith vs George Watson} T V A. Jury charg’d, to wit: John Campbell, David Mebane, Thomas Carter, Samuel Stewart, John McDannell, John Wilkerson, James Strayhorn, Joseph Thompson, James Neal, James Rogers, William Keelan, James Roney. Find the Defendant guilty & that the plaintiff did not make the first as’t and assess the plffs damages to £32 & Costs £38 & Costs. Motion for New Trial. Overuled.

[OCPQS 5/589 - Aug 1799]

James Gorden, Lewis Kirk, Thomas Couch are fined 20. For their non attendance as Talismen. Lewis Kirk’s fine remitted.

On Motion of Wm Norwood Esqr Atto &c, Ordered that John Umstead Joseph Baker, John Hogg Rich’d Christmas and Wm F Strudwick be appointed to examine the Acc’ts & Vouchers of Andrew Murdock one [of] the Executors of Sam’l McCaddams Dec’d and to report to this next Term.

8. Burgess Longwith vs John Ray} T V A. Jury charg’d, to wit: Wm Riley, James Carrington, Jno Redman, Sherwood Allen, Henry Trolinger, Tho Basket, Ephraim Cates, John Holden, Robert Carson, Isaac Holden, Tho Horner, Wm Mangum. Find the Def’t Guilty and that Plff did not make the first Assault & assess the Plffs Damages to £5 & Costs.

[OCPQS 5/590 - Aug 1799]

James Neal of the one of the [sic] Original Pannell is fined 20/ for his nonattendance at the call of the Sheriff.

9. Burgess Longwith vs Robert Duke} T V A. Jury charged, to wit: John Campbell, David Mebane, Tho Carter, Sam Stewart, Jno McDannell, Jno Wilkerson, James Strayhorn, Joseph Thompson, James Rogers, William Keelen, David Rainey, Daniel Green. Find the Defendant guilty and that the plff did not make the first ass’t & assess the plaintiffs Damages to £38 & Costs. Appeals. Augustus Benton & Em Mangum are thought by the Court Sufficient Sec’y in the above appeal.

[OCPQS 5/591 - Aug 1799]

Absalom Holt vs John McCaddam} Case. Gen’l issue. Jury charged, to wit: James Wilson, Tho Fitch, David Faucett, Sam’l Cole, Benjamin Jackson, Sam’l Carson, John Copley, Tho Browning, Francis Wilkerson, Jas Wilkerson, James Dunnagan, Wm Strayhorn. Find that the Def’t did not assume.

Ordered that John Casey, Wm Whitted and Catlet Campbell are appointed to settle with the County Trustee & report to this Term.

James Moore Esqr returns the List of Taxable property by him taken in St Mary’s District for the year 1799.

[OCPQS 5/592 - Aug 1799]

4. Benjamin Rainey vs Tho Mulhollan’s Ex[ecuto]rs} Debt, Gen’l issue, Pay’t & set off. Same Jury charged as in No 9. Find the Bond declared on to be the act & Deed of the Def’t, that there is no Paym’t or set off & assess the Plff’s Damages to £71.14.2 & Costs including principal & Int.

13. James Gray vs Wm Lytle} Case. Gen’l issue, Stat Lim, set off, always ready & still ready. Jury charg’d &c, to wit: Tho Fitch, Nat Carter, Frank Wilkerson, Owen Lindley, Benjamin Jackson, Tho Browning, James Wilson, Sam’l Cole, Jno Wilkerson, David Faucett, James Roney, James Dunnagan. Find that the Def’t did not assume. Appeal prayed & granted. A Benton & Barnet Lashley are thought sufficient Securities.

[OCPQS 5/593 - Aug 1799]

14. Anthony Garrott vs Wm Lytle} Case, Gen’l issue, Stat lim, set off, always ready & still ready. Jury charged, to wit: Jno Campbell, David Mebane, Tho Carter, Sam’l Stewart, Jno McDannell, Jno Wilkerson, James Strayhorn, Joseph Thompson, James Rogers, William Keelen, James McCullock, William Cabe. Find that the Def’t did not assume. Appeals &c. A Benton & Barnet Lashley are thought sufficient Sec’s.

15. Paul Sink vs Wm Lytle} Case, Gen’l issue, Stat lim, set off, always ready & still ready. Same Jury as in No 14 charged. Find the Def’t did not assume. Appeals. A Benton & Barnet Lashley are thought sufficient in the above appeals.

[OCPQS 5/594 - Aug 1799]

The Execution of a Deed from And’w Murdock Shff to John McMinimy was duly ack’d in open Court by the said Andrew & ordered to be registered. [See ODB 8/147.]

The Execution of a Deed from Sam’l Hopkins to Wm Nunn was duly proved in open Court by the Oath of A Benton a Subscribing Witness thereto & ordered to be registered. [See ODB 8/193.]

The Execution of a Deed from J G Rencher to A Benton was duly proved ackn’d in open Court by the said John G Rencher and ordered to be registered. [See ODB 8/183.]

The Execution of a Deed from James McCulloh to Thomas Laws was duly ackn’d in open Court by the sd James & ordered to be registered. [See ODB 8/149.]

The Execution of a Deed from Sam H Holmes to Wm E Webb was duly proved in open Court by the Oath of Pleasant Henderson a Subscribing Witness thereto & ordered to be registered. [See ODB 8/185.]

[OCPQS 5/595 - Aug 1799]

Ordered that the Sheriff summon the following persons to attend as Jurors at Hillsborough Superior Court October Term 1799: Joseph Kirkland, James Mebane Sr, Catlet Campbell, Joseph Tate, Joseph Hodge, Aaron Walker, James Stockart, George Maddin, John Carson, William Mangum, Robert A Carson, Thomas Fitch, William Holt, Levi Whitted.

Ordered that the Sheriff summon the following to attend as Jurors at November Term 1799: And’w McBroom, Ralph Faucett, William Woods, William Clark, Sam’l Woods, Joseph Ray, James Ray, Daniel Wilkerson, Joseph Moore, Robert Tinnen, Martin Palmer, John Thompson, John Forrest Jr, Joseph Hamilton, Richard Bird, James Morrow, William Murray Capt. John Shaw, George Allen, Richard Lee, Jacob Garrison, George Garrison, Richard Thompson, John Towel, Peter Foust, William Wolf, Joseph Albright, John Long, John Bullock, David Patterson.

Court adjourns till To Morrow Morning 10 O’Clock.

[OCPQS 5/596 - Aug 1799]

Wednesday Morning 28th, Court met according to adjournment. Present: James Carson, Jno Thompson, Empson Bird, Andrew Murdock} Esqrs.

17. James Roney vs Wm Wilkins} T V A. [Jury:] Jno Campbell, Dav’d Mebane, Tho Carter, Samuel Steward, Jno McDannel, Jno Wilkinson, James Strayhorn, Joseph Thompson, James Rogers, Wm Keelin, Jno Millison, James Neal – find for the plaintiff & assess his Damages to £2.10.0 & Costs.

22. Wm Kirkland & Co vs Jno Kennon} Debt. Payment & set off. Same Jury as above charged, find a payment of £45 on the Bond of £72.2.9 made on the 4th September 96, that the value residue of the two Bonds is unpaid and assess the plaintiffs Damages to £3.6.10, find for Principal & Int £49.12.7.

[OCPQS 5/597 - Aug 1799]

?6. The State vs And[rew] McCulloch} Ind’t Ass’t, Charged & pleads not Guilty. Jury charg’d, to Wit: Jno Campbell, Dav’d Mebane, Thomas Carter, Sam’l Steward, Jno McDannel, Jno Wilkinson, James Strayhorn, Joseph Thompson, James Rogers, Wm Kealin, Jno Millison, James Nale. Find the Def’t guilty in manner and form as charged in the Bill of Ind’t.

Jno Thompson Esqr returns the List of Taxable property by him taken in the District [of] Caswell for the year 1799.

William Kirkland, William Whitted & Henry Thompson are appointed assessors of the property in the Town of Hillsboro for the year 1798.

[OCPQS 5/598 - Aug 1799]

The State vs Geo Watson} Ind’t Ass’t, Charged & Submits. It is the Opinion of the Court that Geo Watson be imprisoned for ??? & during the Term of three days from this present day and afterwards until he pays the Costs of this Ind’t & that the Shff carry this Order into Execution.

The Execution of a Deed from Edmund Jones to James Gillespie was duly proved in open Court by the oath of Pleasant Henderson a Subscribing Witness thereto & ordered to be registered. [See ODB 8/43.]

The Execution of a Deed from John Woods to Charles Ray was duly proved in open Court by the oath of David Ray a Subscribing Witness thereto & ordered to be registered. [See ODB 8/190.]

The Execution of a Deed from Thomas Watts to Wm Courtney to Josiah Watts was duly proved in open Court by the affirmation of James Jackson a Subscribing Witness thereto & ordered to be registered. [See ODB 8/151.]

[OCPQS 5/599 - Aug 1799]

The Execution of a Deed from Amos Phelps to Martin Palmer was duly proved in open Court by the oath of And’w Murdock a Subscribing Witness thereto & ordered to be registered. [See ODB 8/153.]

The Execution of a Deed from John Daniel to Robert Campbell was duly proved in open Court by the oath of John Taylor a Subscribing Witness thereto & ordered to be registered. [See ODB 8/190.]

The Execution of a Deed from Henry E McCulloh to Christian Long [blank]. [See ODB 8/359.]

The Execution of a Deed from Jesse Lynch to Andrew McCully was duly proved in open Court by the oath of Robert Mitchel a Subscribing Witness thereto & ordered to be registered. [See ODB 8/192.]

The Execution of a Deed from Dickens & Waite to Anthony Rickets was duly proved in open Court by the oath of Robert Bell a Subscribing Witness thereto & ordered to be registered. [See ODB 8/207.]

[OCPQS 5/600 - Aug 1799]

The Execution of a Deed from Benjamin Piggot to Benjamin Piggot was duly ack’d in open Court by the said Benjamin & ordered to be registered. [See ODB 8/189.]

The Execution of a Deed of Gift from Mary Doherty to Polley Williams Burke was duly proved in open Court by the Oath of Wm Norwood a Subscribing Witness thereto & ordered to be registered. [See ODB 8/156.]

Court adjourns.

[OCPQS 5/601 - Aug 1799]

Friday morning 29th, Court met according to adjournment. Present: James Carson, Wm McCauley, Hardy Hurdle, Francis Moreland, Shad Forrest} Esqrs.

The State vs Peter House} Ind’t Ass’t, charged & pleads not guilty. Jury Sworn, to wit: Jno Campbell, David Mebane, Tho Carter, Sam’l Stewart, Jno McDannell, Jno Wilkerson, James Strayhorn, Joseph Thompson, James Rogers, William Keelen, James Neal, James Moore. Find the Def’t not guilty. On motion it is the Opinion of the Court that the Prosecutrix pay the costs of this Ind’t.

[OCPQS 5/602 - Aug 1799]

Hardress Hawkins Esqr returns the List of Taxable property by him taken in the District of St Asaphs for the year 1799.

15. The State vs Tho Nelson} Ind’t Ass’t, charged & pleads not Guilty. Jury sworn, to wit: Jno Campbell, David Mebane, Tho Carter, Sam’l Stewart, Jno McDannell, Jno Wilkerson, Jehu Whitted. Joseph Thompson, James Rogers, Wm Keelen, James Neal, James Moore. Find the Defendant Guilty in Manner & form as charged in the Bill of Ind’t.

[OCPQS 5/603 - Aug 1799]

Licence is granted to Andrew McCauley to keep a Tavern at his dwelling house & Thomas Johnston & James Phillips enter into Bond in the Sum of £[blank] for his performance.

3. The State vs John Neves} Ind’t Ass’t, charged & pleads not Guilty. Jury charged & Sworn, to wit: Jno Cate, Jesse Cate, Charles, Cate, Martin Palmer, Allen Sykes, Rob’t McCullock, Wm Grimes, Luke Grimes, John Strain, James Hart, John Carter, Valentine Moore. Find the Def’t not Guilty. On Motion it is the opinion of the Court that the prosecutor pay the Costs of this Ind’t.

[OCPQS 5/604 - Aug 1799]

The State vs Wm Baldridge} Ind’t Ass’t on Const & receiving Goods when taken in Ex, charged & pleads not Guilty. Jury charged & Sworn, to wit: Jno Campbell, David Mebane, Tho Carter, Sam’l Stewart, Jno McDannell, Jno Wilkerson, Joseph Thompson, James Rogers, James Neal, William Hobbs, Ephraim Cates, James Strayhorn. The Jury discharged &c. Nolle prosequie. On Motion, Ordered by the Court that the prosecutor pay the Costs of this Ind’t.

[OCPQS 5/605 - Aug 1799]

David Rainey vs [blank] Prior} Appeal in 3 Cases, Gen’l issue, pleaded by Wm Duffy Atto &c for Def’t the 29th Aug’t 1799. Motion at same time that the parties proceed to Trial. Motion overuled. Motion by Def’ts Atto for an appeal.

The Execution of a Deed from Anthony Thompson Daniel May to Anthony Thompson was duly proved in open Court by the oath of Isaac Holt a Subscribing Witness thereto & ordered to be registered. [See ODB 8/194.]

The Execution of a Deed from Peter Stout to James Neal was duly proved in open Court by the oath of Moses Honeycut a Subscribing Witness thereto & ordered to be registered. [See ODB 8/160.]

The Execution of a Deed from Wm Shepherd to Kenneth Anderson was duly proved in open Court by the oath of John Faddis a Subscribing [witness] thereto & ordered to be registered. [See ODB 8/161.]

[OCPQS 5/606 - Aug 1799]

The Execution of a Deed from Barnard Cate to John Workman was duly proved in open Court by the oath of John Crutchfield a Subscribing Witness thereto & ordered to be registered. [See ODB 8/195.]

The Execution of a Deed from Tho Lindley Jr to John Crutchfield was duly proved in open Court by the oath of Jno Workman a Subscribing Witness thereto & ordered to be registered. [See ODB 8/203.]

The Execution of a Deed from Francis Dunn to Samuel Clenny was duly proved in open Court by the oath of Henry Thompson Jr a Subscribing Witness thereto & ordered to be registered. [See ODB 8/375.]

The Execution of a Deed from Jno Ray to Jno Scott was duly proved in open Court by the oath of Henry Thompson Jr a Subscribing Witness thereto & ordered to be registered. [See ODB 8/183.]

[OCPQS 5/607 - Aug 1799]

The Execution of a Deed from Thomas Cate to John Cate was duly proved in open Court by the oath of Charles Cate a Subscribing Witness thereto & ordered to be registered. [See ODB 8/167.]

The Execution of a Deed from Joseph Nix Sr & Joseph Nix Jr to John & Wm Cabe was duly proved in open Court by the oath of Stephen Reading a Subscribing Witness thereto & ordered to be registered. [See ODB 8/187.]

The Execution of a Deed from Aaron Mairis to Geo Hobson was duly proved in open Court by the affirmation of James Neal a Subscribing Witness thereto & ordered to be registered. [See ODB 8/150.]

The Execution of a Deed from Wm F Strudwick to Luke Grimes was duly proved in open Court by the oath of Reuben Smith a Subscribing Witness thereto & ordered to be registered. [See ODB 8/162.]

The Execution of a Deed from John McMurray to Wm Jones was duly proved in open Court by the oath of Edward Gains a Subscribing Witness thereto & ordered to be registered. [See ODB 8/163.]

[OCPQS 5/608 - Aug 1799]

The Execution of a Deed from Charles Christmas to Wm Grimes was duly proved in open Court by the oath of Luke Graham a Subscribing Witness thereto & ordered to be registered. [See ODB 8/172.]

The Execution of a Deed from John Sykes to Allen Sykes was duly proved in open Court by the oath of Reuben Smith a Subscribing Witness thereto & ordered to be registered. [See ODB 8/169.]

The Execution of the last Will & Testament of Edward Gains Dec’d was duly proved in open Court by the Oath of Asa Kent & Robert Pinkerton Subscribing Witnesses thereto & ordered to be registered recorded. [See OWB C/142.]

The Execution of the last Will & Testament of Joshua Wyatt Dec’d was duly proved in open Court by the Oath of William Wilkens a Subscribing Witness & ordered to be recorded. [See OWB C/144.]

[OCPQS 5/609 is blank.]

[OCPQS 5/610 - Aug 1799]

Friday Morning 30th, Court met according to adjournment. Present: James Carson, Wm McCauley, Wm Rainey} Esqrs.

Tho Whithead qualifies as Deputy Sheriff of this County.

Ordered that an Order made at last February Term for marking & laying off a New Road from Jno McRory to Caswell County Line to join a road leading from said Line to Paines Ordinary be renewed.

David Ray is reappointed Trustee for the County of Orange.

[OCPQS 5/611 - Aug 1799]

Ordered that Edward Jones be allowed the assessment Made by the Jury who laid off a new road through his plantation vide return of Jury some Courts ago. [in left margin:] Present ??? ????, Wm Rainey, Wm McCauley} Esqrs.

Ordered that William Rickets son of Sarah Rickets now of the age of 8 years the 27th next last May be bound to Valentine Moore until he arrive to lawful Age to learn the Art & mistery of a farmer. [See Apprentice Bonds, image 328.]

Ordered that Mary Rickets Daughter of Sarah Rickets now of the Age of 5 years the 17th day of Octo last be bound to Valentine Moore until she arrive to lawful age to learn the art & mistery of a Spinster. [See Apprentice Bonds, image 329.]

Ordered that Mary Hudson daughter of Wm & Barbary Hudson now of the age 8 years the 2nd March next be bound to James Moore until she arrive to lawful Age to learn the Art & mistery of a Spinster. [See Apprentice Bonds, image 326.]

[OCPQS 5/612 - Aug 1799]

Johnston Craig is appointed Guardian to David Craig son of David Craig Dec’d and enters into Bond with Wm Blackwood his Security in the Sum of £300. [See also accounting OCPQS 5/528 & 5/569, guardianship OCPQS 4/522 & OCPQS 4/523.]

William Craig is appointed Guardian to Sam’l Craig Son of David Craig Dec’d and enters into Bond with Wm Blackwood his Sec’y in the Sum of £300.

[OCPQS 5/613 is blank.]

[OCPQS 5/614 is blank.]

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