Aug Term 1803

 

[OCPQS 6/430 - Aug 1803]

State of North Carolina, At a Court of Pleas & Quarter Sessions begun & held for Orange County at the Court house in Hillsboro on the 4th Monday of August 1803. Present: Samuel Benton, Isaac Holt, John Cabe} esqrs.

The Sheriff returns the Venire facias Ex’d viz: [blank]

[OCPQS 6/431 - Aug 1803]

Grand Jury impannelled & Sworn viz: James Patterson, John Newland, Peter Stout, Dan’l Turrentine, Levin Wood, John Campbell, James Palmer, Wm Hall, Levi Whitted, Wm Pickett, David White, Isaac Patterson, George Johnston, John Workman, James Tate.

Wm Andrews sworn to attend the Grand Jury as Constable.

Remaining Jurors: Wm Hobson, Fisher Clendening, William Carter, Geo Albright, James Rodgers.

Jurors who have failed to appear: Robert Hodge, George Strader, John Ray, Jacob Troxler, Joshua Holt, Jacob Rich, Wm Riley, Isaac Holden.

[OCPQS 6/432 - Aug 1803]

Reuben Wood esq is appointed Attorney for this County pro tem.

Jonathan Lindly esq comes into Court and takes the several Oaths necessary for the qualification of Justices of the Peace.

11. Samuel Fogleman vs Long & Holt} Jury charged: William Hobson, Fisher Clendening, William Carter, George Albright, James Rodgers, James Morrow, John Boon, Jacob Boon, Adam Sharp, James Whitesides, Cason Caps, Benjamin Carroll. Find the Bond declared on to be the act & deed of the Defendant, the money mentioned in the Bond to be of the Value of £25, that on the 2nd May 1802 there was a payment of £7.10/, that there is a balance now due to the plff of £19.12/ & Costs.

[OCPQS 6/433 - Aug 1803]

12. James Baldridge’s Exrs vs Charles Christmas} Same Jury as in No 11 charged. Find that on the 25th Aug’t 180? there was a payment of £15 on the Same day a pay’t of a Saddle & Bridle of £8.10/ by Surveying £1, the residue of the bond of £118.2/ is mow due and assess the Plffs dam to £14.3/4 & Costs.

John Ray Juror of the Original Pannell appeared & is excepted from his attendance at this Term by reasons shewn the Court on aff’t.

[OCPQS 6/434 - Aug 1803]

George Moore vs Samuel O’Daniel} Same Jury as in No 11 charged. Find the Defendant Guilty & within 3 years & assess the Plffs Dam to £4 & Costs.

William Hooker vs John Longmire} Jury charged: Isaac Holden, Robert Hodge, William Hogan, Abram Craig, John Adams, Caleb Harvey, John Comb, John Harden, John Strayhorn, Henry O’Daniel, James Lynch, Andrew Watson. Find that the Def’t did not assume.

[OCPQS 6/435 - Aug 1803]

28. Lemuel Cox Jepson vs Samuel Thompson} Same Jury as in No 11 charged. Find the Bond declared on to be the act & Deed of Def’t, that there is no payt or set off, that the plaintiffs the plaintiffs Damages to £1.14/9 & Costs, Prin £20.12/7 Or by cash paid And’w McCulloch 10.5/.

Peter Jeffers vs Hastings & Adams} Same Jury. Find the Covenants not performed & assess the plffs Damages to £60.13/ & Costs.

Barney Clapp ass’ee vs John & Jacob Boon} Same jury. Find no payt or set off & assess the plffs Damages to £2 & Costs. Prin £50.

[OCPQS 6/436 - Aug 1803]

John Kimbrough vs Neese & Eisly} Same Jury. Assess the plffs Damages to £33.14/10 & Costs.

Ordered that a Commission issue to Joseph Moore & David Mebane Esqrs two of the Justices of Orange County to take the deposition of George Allen one of the Subscribing Witnesses to a Deed of Gift from William Mebane to Alexander Mebane relative to the Execution of said Deed of Gift by the said William Mebane. [Later recorded at ODB 11/51.]

[OCPQS 6/437 - Aug 1803]

The Execution of the last Will & Testament of William Mebane Dec’d was duly proved in open Court by the Oath of Ross Hutcheson one of the Subscribing Witnesses thereto & Ordered to be registered at the same Time James Mebane & Benjamin Rainey qualified as Executors to the same. [See OWB D/101.]

The Execution of a Deed from James Holt to George Stafford was duly proved in open Court by the Oath of Levin Wood a Subscribing Witness thereto and ordered to be registered. [See ODB 11/26a.]

The Execution of a Deed from Joseph Dixon to John Ray was duly proved in open Court by the Oath of John Campbell a Subscribing Witness thereto and ordered to be registered. [See ODB 11/49.]

The Execution of a Deed from Peter Fogleman to John Long a Subscribing Witness thereto was duly proved in open Court by the Oath of John Cook a Subscribing Witness thereto & ordered to be registered. [See ODB 11/30.]

The Execution of a Deed from Christopher Miers to John Piggott was duly proved in open Court by the Oath of John Cook a Subscribing Witness thereto and ordered to be registered. [See ODB 11/53.]

[OCPQS 6/438 - Aug 1803]

The execution of an agreement between Jane Robertson & Jesse Beckum was duly proved in open Court by the Oath of John Cook a Subscribing Witness thereto and ordered to be registered. [RESEARCH]

The Execution of a Bill of Sale from Samuel Turrentine Shff &c to Samuel Dick was duly acknowledged in open Court by the said Samuel Turrentine and Ordered to be registered. [See ODB 11/45.]

The Execution of a Deed from Samuel Dick to John Ulias was duly proved in open Court by the Oath of Peter Fogleman a Subscribing Witness thereto and ordered to be registered. [See ODB 11/24.]

The Execution of a Deed from Benjamin Rainey to Jacob Troxler was duly proved in open Court by the Oath of Barnet Troxler a Subscribing Witness thereto and ordered to be registered. [See ODB 11/31.]

The Execution of a Deed from John Gant & Elizabeth Phillips to Mason Tapley was duly proved in open Court by the Oath of Benjamin Rainey a Subscribing Witness thereto and Ordered to be registered. [See ODB 11/61.]

[OCPQS 6/439 - Aug 1803]

Tuesday 23rd Augt 1803, Court met according to adjournment. Present: Isaac Holt, Jonathan Lindley, Sam’l Benton} esqrs.

32. Eve Holt vs Sam’l Dick} Jury charged: Wm Hobson, Fisher Clendening, Wm Carter, Geo Albright, James Rodgers, Robert Hodge, Sam’l Carson, Simpson Tate, Nathan Forrest, Joseph Gwinn, Neal Rose, Isaac Holden. Find the Def’t Guilty within 3 years, that there is no Justification & Assess the plffs Damages to 3/ & Costs. [See Civil Action Papers 1803. Samuel Dick carried away two enslaved people from Eve Holt and kept them for 48 hours.]

[OCPQS 6/440 - Aug 1803]

Augustus Benton vs Parham Kirk} Jury charged: Henry Forrest, Samuel Ector, Michael Holt, Daniel Cloud, Andrew McCleary, William Hobbs, Shadrack Forrest, Sam’l Chambers, Owen Lindley, Isaac Jackson, Martin Hurdle, Hugh Mulhollan Jr. Find no payment or set off & assess the plaintiff’s damages to £2.6/8 & Costs. Prin 28.12/10 [totaling] 30.19.6

Matthew McCauley vs Samuel Love} Same jury as in No 32 charged. Find that the Def’t did assume, that there is no payt or set off & assess the plff Damages to £28.14/2 ½ & Costs.

[OCPQS 6/441 - Aug 1803]

Neal Rose is fined 10/ for his non attendance as a Talisman at the Call of the Sheriff. Fine remitted on affidavit.

40. Gideon Granger &c vs Sam’l Hopkins admr &c & Taylor} Jury Charged: Wm Hobson, Fisher Clendening, William Carter, George Albright, James Rodgers, Robert Hodge, Isaac Holden, Sam’l Carson, Simpson Tate, Nathan Forrest, Joseph Gwinn, ??? Bracken?. Find the Dollars mentioned in the bond declared on to be of the Value of £250 & assess the plffs Damages to £ that the plaintiff has sustained damages by means of the breach of the Condition of said bond to the amount of £72.3/6 & Costs.

[OCPQS 6/442 - Aug 1803]

Wilson & E Holt vs William Fitch} Same jury as in No 40. Find that the Virginia Money in the penalty of the bond declared on to be of the Value of £147.17/10, that the money mentioned in the Condition of said bond is £736.7.11 and assess the plaintiffs Damages to 6d & 6d Costs are that there is no payt or set off.

Henry Bracken vs Uriah Tate} Same jury as in No 33. Find that after allowing the payments & setts off, that there is due the plff in principal & Int £28.2.7 & Costs & assess £45.4/3 & Costs.

[OCPQS 6/443 - Aug 1803]

45. Henry Bracken vs Simpson Tate} Jury charged: William Hobson, Fisher Clendening, William Carter, George Albright, James Rodgers, Robert Hodge, Isaac Holden, Sam’l Carson, Nathan Forrest, Joseph Gwinn, Neal Rose, John Galbreath. Find the money mentioned in the bond to be of the Value of £43.6/10, that there is no payt or set off & assess the plffs damages to £4.2/ & Costs.

[OCPQS 6/444 - Aug 1803]

David Patterson &c vs Mark Fowler} Same jury as in No 45. Assess the plffs Damages to £5 & Costs.

Tho H & C Perkins vs John Sharp Jr} Same Jury as in No 33. Assess the plffs Damages to £21.16/8 & Costs.

Wm Shepperd vs Arch’d Campbell} Assess the plffs damages to £258.15/ & Costs.

[OCPQS 6/445 - Aug 1803]

A & J Forrest vs Joseph Gwinn} appeal. Jury charged: Samuel Ector, Michael Holt, Daniel Cloud, Andrew McCleary, William Hobbs, Sam’l Chambers, Owen Lindley, Isaac Jackson, Martin Hurdle, Hugh Mulhollan, Peter Fitch, James McCl???. Find that the Def’t did assume, that there is no payt or set off & assess the Plff Dam to £6.7 & Costs. On Motion Judgmt for £6.7 & Costs.

N & J Forrest vs David Vickers} Jury charged ??ter Moore?. Find that the Def’t did assume, that there is is [sic] no payt or set off & assess the plffs Damages to £2.11/ & Costs. On Motion, Judgmt for £2.11/ & Costs agt Def’t & Sec’s.

[OCPQS 6/446 - Aug 1803]

James Baldridges Exrs vs William F Thompson} Same Jury as in No 55. Find the Defendant did not assume.

Elias Wilhoit vs Robert Dixon} Jury charged: William Hobson, Fisher Clendening, William Carter, George Albright, James Rodgers, Robert Hodges, Isaac Holden, Samuel Carson, Nathan Forrest, Joseph Gwinn, Neil Rose, Armor King. Plaintiff called & non Suit. appeal prayed & granted. James Wilson & Absalom Wilhoit Sec’s James Mason his Sec’s.

[OCPQS 6/447 - Aug 1803]

James Wilson vs John Cook} Same Jury as in No 18. Find that the Defendant did assume & within 3 years, that there is no payt or set off & assess the plffs Damages to £3.5/10 & Costs.

[OCPQS 6/448 - Aug 1803]

Wednesday 24th Aug’t 1803, Court met according to adjournment. Present: Jonathan Lindly, Joseph Clendening, Walter Alves} esqrs.

Ordered that David Ray, James Yarbro & Abner B Bruce be appointed to examine & Settle the accts of John Casey County Trustee & report to this Term.

James Kirk v. John Kirk} Atta. Ordered that the Clerk pay to the plaintiff James Kirk the amo[unt] of his Judgment being £37 & costs out of the monies arising from the Sale of the Negro heretofore sold & upon which this Attachment was levied.

[OCPQS 6/449 - Aug 1803]

The State vs Spencer Meachum} Jury Sworn: Wm Hobson, Fisher Clendening, William Carter, George Albright, James Rodgers, Robert Hodge, Isaac Holden, Charles Cotton, Conrod Long, Wm Dickey, John Hust, John Robinson. Find the Defendant Guilty in Manner & form as charged in the bill of Ind’t.

[OCPQS 6/450 - Aug 1803]

Ordered that Abner B Bruce & James Yarbro be appointed a Committee to settle the Accts of Susannah Laws Admx of George Laws Dec’d & report to this Term. [See also inventory OCPQS 6/106, widow's share OCPQS 6/192.]

Ordered that Martin Eisley pay unto Susannah Boggs the sum of twenty Seven pounds in annual pay’ts viz Twelve pounds immediately, five pounds on the [blank] day of [blank] next, and five pounds annually thereafter until the whole be paid for the maintenance of a child of which the said Susannah Boggs hath been delivered and of which the said Martin Eisley stands charged according to Law of being the reputed father. [See Bastardy Bonds, images 882 & 883.]

[OCPQS 6/451 - Aug 1803]

Administration of the Estate of Malcolm Baldridge Dec’d is granted to Stephen Baldridge who enters into bond with Henry Thompson and John Woods his Securities in the Sum of £500. [See also sale of land OCPQS 6/595.]

Administration on the Estate of Robert Love Dec’d is granted to William Love who enters into Bond with William Elliott Hirum Love & William Fossett his Sec’s in the Sum of £1000. [See also accounting OCPQS 6/506.]

[OCPQS 6/452 is blank.]

[OCPQS 6/453 - Aug 1803]

Thursday, Court met according to adjournment. Present: Wm F Strudwick, James Carson, Sam’l Benton} esqrs.

Joseph Moore is released from working on the road as a hand under Alex’r Bowland be being overseer of another road.

It appearing to the Court that John Hickman the father of Elijah Hickman a male Infant aged 5 years the 10th Dec’r last has absented himself for more than twelve months from his family & made no provision for the Support thereof, it is therefore Ordered that said Elijah Hickman be bound to John Long to learn the Art & mistery of a farmer. [See Apprentice Bonds, image 439.]

[OCPQS 6/454 - Aug 1803]

Rebecca Mebane Widow and Relict of William Mebane Deceased came into open Court and espoused her Dissent to the last Will and Testament of the said William and prayed that the Same might be entered of Record. [See OWB D/101.]

Ordered that Andrew Faddis now of the age of 18 years 20th Feb’y next be bound to Owen Lindley to learn the art & mistery of a farmer. [Bond not found.]

John Campbell vs Charles Cotton} O Atta. It is ordered that the ??? the bonds filed in the Clerk’s office in the Case under the Guarnishment of Richard Freeman except the bonds of Thomas Woods be delivered to Charles Cotton the Defendant, there having been no legal condemnation of the Same.

[OCPQS 6/455 - Aug 1803]

Administration of the Estate of Jeremiah Taylor Dec’d is granted to Bryant Stroud who enters into Bond with Thomas Lloyd & William Forsyth his Securities in the Sum of £300. [See also payment of administrator OCPQS 6/502.]

Ordered that Anderson Woods Son of Sally Woods now of the age 6 years next month be bound to George Faucett to learn the art & mistery of a farmer. [See Apprentice Bonds, image 442.]

Administration of the Estate of William Courtney Dec’d is granted to John Moore who enters into bond with Joseph Moore & William Kirkland his Securities in the Sum of £100?

[OCPQS 6/456 - Aug 1803]

David Ray is appointed Guardian to Peter Lempkins Ray who enters into bond with Duncan Cameron & William McCauley his Sec’s in the sum of £500.

Ordered that Jesse Smith son of William Smith now of the age 8 years 2nd Inst be bound to William Forsythe to learn the art and mistery of a Tailor. [Bond not found.]

Ordered that David Ivey Son of Milley Ivey now of the age of 8 years 22 June last be bound to John Hubbard to learn the art & mistery of a Tailor. [Bond not found.]

Mary Jamerson of lawful age comes into court and chooses John Jameson her Guardian who enters into Bond with Joseph Woods & Elihu Woods in the Sum of £600. [See also administration OCPQS 4/504, accounting & inventory OCPQS 5/661, OCPQS 6/96, OCPQS 6/389, guardianship OCPQS 4/633, OCPQS 4/634, OCPQS 6/420.]

[OCPQS 6/457 - Aug 1803]

Ordered that William Eccles and William Bradford Exrs be allowed 5 p cent for their trouble in managing the Estate of John King Dec’d.

James Child is appointed Ranger for this County.

The Execution of a Deed of Gift from William Mebane to William Brown Mebane was duly proved in open Court by the oath of Joseph Terrell? a Subscribing Witness thereto & ordered to be registered. [RESEARCH]

The Execution of a Deed from James Dunnagan to Charles Dunnagan was duly proved in open Court by the Oath of James Latta Jr a Subscribing Witness thereto & ordered to be registered. [See ODB 10/393.]

[OCPQS 6/458 - Aug 1803]

The Execution of a Bill of Sale from James Moore, Mary Moore, John Moore & James Moore to John O’Daniel was duly proved in open Court by the Oath of John Murray a Subscribing Witness thereto and ordered to be registered. [See ODB 10/395]

The Execution of a Bill of Sale from William Riley to Stephen Carroll was duly proved in open Court by the Oath of Henry Bunch a Subscribing Witness thereto & ordered to be registered. [See ODB 10/401.]

The Execution of a Deed from Joseph Stubbins to Wm Whitted was duly ack’d in open Court by the said Joseph Stubbins & ordered to be registered. [RESEARCH]

[OCPQS 6/459 is blank.]

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