Aug Term 1809
[OCPQS 7/553 – Aug 1809]
State of North Carolina, At a Court of Pleas & quarter
Sessions begun & held for Orange County at the Court house in Hillsboro on
the fourth Monday in August A D 1809. Present: Isaac Holt, Thomas Brewer,
William Dickie} esqrs.
The Sheriff returns the Venire facias Ex’d, vizt: [blank]
[OCPQS 7/554 – Aug 1809]
Grand Jury impannelled & sworn, vizt: George Johnston,
Samuel Chambers, Samuel Hunter, Alexand[er] Pickard, Owen Lindly, Nathaniel
Carter, Charles King, Hugh Cain, Thomas Griffin, William Garrison, Lemuel
Morgan, Stephen Ward, John Coble, John Durham, John Shaw.
William Andrews Sworn to attend the Grand Jury as Constable.
Remaining Jurors who have appeared & qualified, vizt:
John Garrett, John Thompson, William Wilson, David Patterson, Stephen Scarlett,
James McCaddams, James Turner, Alexander Russell, Joseph Armstrong, David
Strain, William McDaniel, Sam’l Crawford.
Remaining Jurors who have failed to appear & qualify:
[blank]
[OCPQS 7/555 – Aug 1809]
Tobias Smith & wife vs John Cook} Jury charged: John
Garrett, John Thompson, William Wilson, David Patterson, Stephen Scarlet, James
McCaddams, James Turner, Alexander Russell, Joseph Armstrong, David Strain,
William McDaniel, Samuel Crawford. Plaintiff called & non Suit.
Sam’l Bristo ass’ee vs Matthew Futtrell} Same Jury charged.
Find the Bond declared to be the Act & Deed of Defendant & assess the
Plffs Damages in Prin & Int to £1.19.6 & Costs.
William Whitted vs Samuel Benton} Same Jury charged. Find a
payment of 18/6 in part, that the Plff is not barred by the Stat of Usury &
assess this Plffs Damages to £22.19.6 & Costs. John Taylor Jr & James H
Lewis Securities for the [blank]
[OCPQS 7/556 – Aug 1809]
William Whitted Surv’g vs Benton & Bruce} Same Jury
charged. Find no payment or set off, that the plaintiff is not barred by the
Statute of Usury & assess the Plaintiff Damages to £13.19.10 & Costs.
John Taylor Jr & James H Lewis Securities for the Stay of Execution according
to Law.
William Kirkland vs Samuel Benton} Same Jury charged. Find
after allowing the payments indorsed The ballance due in principal &
Interest to be £141.10.5 & Costs, that the Plff is not barred by the Act of
Usury. John Taylor Jr & James H Laws Securities for the Stay of Execution
according to Law.
Wm Kirkland vs Jonathan Jones Sr} Same Jury charged. Find no
pay’t or set off & assess the Plffs Damages to £2.13.10 & Costs.
[OCPQS 7/557 – Aug 1809]
Ordered that John Mason Son of Merian Mason now of the age
of 10 years 24th May last be bound to Adam Starr until he arrives to
lawful age to learn the Art & mistery of a Black Smith. [See Apprentice
Bonds, image 481.]
[OCPQS 7/558 is blank.]
[OCPQS 7/559 – Aug 1809]
Tuesday Morning 29th August 1809, Court met
according to adjournment. Present: Samuel Benton, Thomas Brewer, John Thompson}
esqrs.
Wm Jackson vs John Collins} Jury charged: John Garrett, John
Thompson, William Wilson, David Patterson, Stephen Scarlet, James McAdams,
James Turner, Alexander Russell, Joseph Armstrong, David Strain, Wm McDaniel,
Sam’l Crawford. Find no payment at or after the day, that there is no release.
This Court adjudges that there is such a record.
[OCPQS 7/560 – Aug 1809]
Ordered that Henry Bracken now confined in the Gaol of
Orange County be detained in said Jail until the next Superior Court to answer
for an assault on Leonard Barrows & Peggy Sutton.
The State vs Perry Sutton, Leonard Barrow & Dan’l
Huffhines} Recog £25 each. To appear at next Superior Court to prosecute &
give Evidence agt Henry Bracken.
Ordered that the Sheriff be fined 20/ for his absence from
the Court house, remitted.
[OCPQS 7/561 – Aug 1809]
Elizabeth Dishon &c v. Brice Collins} Detinue. Jury
charged No 1: John Garrett, John Thompson, William Wilson, David Patterson,
Stephen Scarlett, James McCaddams, James Turner, Alexander Russell, Joseph
Armstrong, David Strain, William McDaniel, Samuel Crawford. Find the Defendant
does not detain the Negro Jack mentioned in the Plffs declaration.
Ellen Trice vs Sterling Harris} Jury charged: Walter
Galbraith, Hugh Montgomery, John Neeley, Thomas Cate, Rankin McKee, Allen Cain,
George Carrington, Philip Walker, William Murray, Robert Morrow, Joseph Marcum,
Samuel Faucett. Find the Defendant Guilty & within one year & assess
the Plffs Damages to £7.10/ & Costs.
[OCPQS 7/562 – Aug 1809]
Whitted & Yarbrough vs Browning & Copley} Jury
charged No 1: Find no pay’t or set off & assess the Plaintiffs Damages to
£2.2/ & Costs. Prin [blank]. Benjamin Peeler John Copley Securities for
Stay of Execution according to Law.
Thomas Holloway vs Holden & Street Admrs} Same Jury.
Find no pay’t or set off, that the defendants have not fully administered &
assess the Plffs Damages to £11.2 & Costs. Prin 60.
William Brandon &c vs John Cain} Same jury charged. Find
no payment or set off & assess the plffs Damages to £2.7.4 & Costs.
[OCPQS 7/563 – Aug 1809]
Drury Dunn vs Levi Cole} Same Jury No 1, assess the
plaintiffs Damages to £8.10.9 & Costs.
George Carrington vs Benjamin Bullock} Jury charged: John
Thompson, William Wilson, David Patterson, Stephen Scarlett, James McCaddams,
Samuel Crawford, James Turner, Alexander Russell, Joseph Armstrong,
David Strain, William McDaniel, Thomas Lindly, David White. Find the Def’t
Guilty & assess the Plaintiffs Damages to £7.17.6 & Costs, remit one
third. [Some calculations in left margin.] John Teasley a witness in behalf of
the Defendant being called by the Sheriff but failing to appear according to
the subpoena served on him is fined according to act of Assembly. George Laws
& John Neeley enter themselves as Security for the Stay of Execution on
this case.
[OCPQS 7/564 – Aug 1809]
Ordered that George Laws be discharged from the payment of
Taxes for one Black Pole.
Ordered that Nancy Wilson be released from the payment of a
Black pole the same being blind.
Ordered that Samuel Faucett be appointed Guardian to Thomas
Faucett an orphan of John Faucett Dec’d & enters into Bond with Samuel
Cloud & William Hobbs his Securities in the Sum of £1000 each.
Ordered that Samuel Faucett be appointed Guardian to Polley
Faucett Orphan of John Faucett dec’d who enters into Bond with Samuel Cloud
& William Hobbs his Security in the Sum of £1000.
[OCPQS 7/565 – Aug 1809]
The Execution of a Deed from William Bond to Joseph Loftin
was duly proved in open Court by the Oath of William Lockhart Jr a Subscribing
Witness thereto & ordered to be registered. [See ODB 13/267.]
The Execution of an Agreement between Ezekiel Brewer &
Thomas Kirk was duly proved in open Court by the Oath of Samuel Benton a
Subscribing Witness thereto & ordered to be registered. [See ODB 13/254.]
The Execution of a Deed from James Mitchem & others to
William Cabe was duly proved in open Court by the Oath of John Cabe a
Subscribing Witness thereto & ordered to be registered. [See ODB 13/267.]
The Execution of a Deed of Gift from Deborah Faucett to
George Faucett was duly proved in open Court by the Oath of Samuel Crawford a
Subscribing Witness thereto & ordered to be registered. [See ODB 13/254.]
The Execution of a Deed from John Gorden to Jonathan
Thompson was duly proved in open Court by the Oath of James Gorden a
Subscribing Witness thereto & ordered to be registered. [See ODB 13/255.]
The Execution of a Deed of Trust from John Stroud to James
Webb was duly proved in open Court by the Oath of Samuel Benton a Subscribing
Witness thereto & ordered to be registered. [See ODB 13/269.]
The Execution of a Deed from John Strayhorn to James
Strayhorn was duly proved in open Court by the Oath of John Allison a Subscribing
Witness thereto & ordered to be registered. [See ODB 13/266.]
The Execution of a Bill of Sale from [Edward Trice estate by
executor] William Trice to Edward Trice was duly proved ackn’d in open
Court by William Trice the Subscriber thereto & ordered to be registered.
[See ODB 13/253 to Charles Trice.]
[OCPQS 7/566 – Aug 1809]
On motion and Petition of the Trustee of the Estate of
Absalom Tatom dec’d to carry to execution the last will and Testament of the
said Absalom Tatom [OWB D/94] respecting the
emancipation of certain Slaves viz George, Cate, Sally and her child young
George and Jack mentioned in the said Will, and it appearing to the
satisfaction of the Court that the said Slaves had performed meritorious
services to the said Absalom Tatom in his life time & that in consideration
thereof the said Absalom had devised the said Slaves with their increase to the
Trustees named in his will in trust and confidence to have them emancipated.
And it further appearing to the Court that the said Slave Sally has had Issue
Jesse, Jim, Patsey and Betsey, in consideration of all which the Court doth
order, adjudge and decree that the said Slaves be emancipated, liberated from
Slavery and set free in as full and complete a manner as this Court hath power
by law to emancipate the said Slaves, and that hence forward they be called and
known by the names of George Tatom, Cate Tatom, Jack Tatom, George Tatom the
younger, Sally Tatom, Jesse Tatom, Jim Tatom, Patsey Tatom and Betsey Tatom,
with all the rights and priviledges of free born Negroes. Whereupon Will
Kirkland, David Ray and Duncan Cameron three and a majority of the Trustees
named in the Will of the said Absolam Tatom decd entered into &
acknowledged a Bond according to law for indemnifying the County from becoming
charged with the maintenance or support of the said Persons or either of them.
[OCPQS 7/567 – Aug 1809]
The State vs Arch’d Reeves} Abner [blank]
Administration on the Estate of William Mangum Dec’d is
granted to William P Mangum & Arthur Mangum who enter into Bond in the Sum
of £5000 with William Hall, Thomas Ray & Isaiah Marcum their Securities.
Ordered that Patsey Jones about Nine years old be bound to
Joseph Woody until she arrives to lawful age to learn the art & mistery of
a Spinster. [Bond not found.]
Ordered that Anne Freeman twelve years old be bound to James
Thompson of Mary’s Creek until she arrive to lawful age to learn the art &
mistery of a Spinster. [Bond not found.]
[OCPQS 7/568 – Aug 1809]
The Execution of a Deed Bill of Sale from William
Wilkins & Joseph Ming to Thomas Cole was duly proved in open Court by the
Oath of Robert Denon a Subscribing Witness thereto & ordered to be
registered. [See ODB 13/266, also NCAH Slave Records image 81.]
The Execution of a Deed from Michael Fogleman to Isaac Holt
was duly proved in open Court by the Oath of John Cook a Subscribing Witness
thereto & ordered to be registered. [See ODB 13/256.]
The Execution of a Deed from Samuel Fogleman to Isaac Holt
was duly proved in open Court by the Oath of John Cook a Subscribing Witness
thereto & ordered to be registered. [See ODB 13/255.]
The Execution of a Deed from Samuel Turrentine Shff to
Nicholas Harder was duly proved in open Court by the Oath of John Taylor a
Subscribing Witness thereto & ordered to be registered. [See ODB 13/252.]
The Execution of a Deed from George Garrison to Wm H
Garrison was duly proved in open Court by the Oath of Hall Garrison a
Subscribing Witness thereto & ordered to be registered. [See ODB 13/252.]
The Execution of a Deed from Nicholas Harder to Haul
Garrison was duly proved in open Court by the Oath of Robert King a Subscribing
Witness thereto & ordered to be registered. [See ODB 13/261.]
The Execution of a Deed from Augustus Cook to John
Wrightsell was duly proved in open Court by the Oath of Henry Cook Jr a
Subscribing Witness thereto & ordered to be registered. [See ODB 13/265.]
The Execution of a Deed from Michael Holt to Isaac Holt was
duly proved in open Court by the Oath of Robert Dinon a Subscribing Witness thereto
& ordered to be registered. [See ODB 13/256.]
[OCPQS 7/569 – Aug 1809]
The Execution of a Bill of Sale from James Trousdale to John
Trousdale was duly proved in open Court by the Oath of John Ray a Subscribing
Witness thereto & ordered to be registered. [See ODB 13/254.]
The Execution of a Deed from Wm F Strudwick to James Turner
was duly proved Ack’d in open Court by the Subscriber thereto &
ordered to be registered. [See ODB 13/257.]
The Execution of a Deed from Charles Christmas to Thomas
Whithed was duly ackn’d in open Court by the Subscriber thereto and Ordered to
be registered. [See ODB 13/259.]
The Execution of a Deed from Miles Wells to John Wells was
duly proved ackn’d in open Court by the Subscriber thereto and Ordered
to be registered. [See ODB 13/257.]
The Execution of a Deed Bill of Sale from John
Sparrow to Charles Trice was duly proved in open Court by the Oath of William
Trice a Subscribing Witness thereto & ordered to be registered. [See ODB
13/263.]
The Execution of a Deed from Jonathan Thompson to Richard
Woods was duly acknowledged in open Court by the Subscriber thereto &
ordered to be registered. [See ODB 13/260.]
The Execution of a Deed from Wm Forsyth to James Forsyth was
duly proved in open Court by the Oath of Benja Yeargin a Subscribing Witness
& ordered to be registered. [See ODB 13/260.]
The Execution of a Deed from Thomas Clark to James Clark was
duly acknowledged in open Court by the Subscriber thereto & ordered to be
registered. [See ODB 13/258.]
[OCPQS 7/570 – Aug 1809]
The Execution of a Deed from Joseph Woody, Sarah Woody,
Samuel Thompson, Margret Thompson, John Thompson, Ruth Thompson was duly duly
[sic] acknowledged in open Court by the subscribers thereto And Ordered to be
certified. [See ODB , also OCPQS 7/572 for separate examination of the wives.]
The Execution of a Deed from The Execution of a Deed from
Frances Child & others to James Clark was duly proved in open Court by the
Oath of William Clark a Subscribing Witness thereto & ordered to be
registered. [See ODB 13/258.]
The Execution of a Deed from William McFarlin to Allen
Parish was duly acknowledged in open Court by William McFarlin the Subscriber
thereto and ordered to be registered. [See ODB 13/265.]
The Execution of a Deed of Trust from William Dunnagan to Jno
Carrington was duly proved in open Court by the Oath of Wm Carrington a
Subscribing Witness thereto & ordered to be registered. [See ODB 13/262.]
The Execution of a Deed from Pleasant, Peter &
Christiana Peeler to Stephen Redding was duly proved in open Court by the Oath
of Jacob Allen a Subscribing Witness thereto & ordered to be registered.
[See ODB 13/263.]
The Execution of a Deed from Sterling Harris to Duncan
Cameron was duly acknowledged in open Court by Sterling Harris the Subscriber
thereto & ordered to be registered. [See ODB 13/268.]
The Execution of a Deed from Richard Campbell to Wm Lindly
was duly proved in open Court by the affirmation of Thomas Lindly a Subscribing
Witness thereto & ordered to be registered. [See ODB 13/264.]
The Execution of a Deed from John Ferrill to George
Carrington was duly proved in open Court by the Oath of William Carrington a
Subscribing Witness thereto & ordered to be registered. [See ODB 13/260.]
[OCPQS 7/571 – Aug 1809]
Wednesday, Court met according to adjournment. Present:
Samuel Benton, Abner B Bruce, Henry Thompson} esqrs.
Ordered that Thomas Clancy be appointed Guardian to David
Lockhart Son of William Lockhart dec’d who enters into Bond with John Young
& William Lockhart his Securities in the Sum of £1000.
The Last Will & Testament of Dorcas ????? was duly
proved in open Court by the Oath of Hardy Hurdle a Subscribing Witness thereto
and [Not found in OWB.]
Ordered that William Moore now of the age of Six years 28th
Dec’r last be bound to John Lynch until he arrive at lawful age to learn the
art & mistery of a farmer. [Bond not found.]
[OCPQS 7/572 – Aug 1809]
It appearing to the Court by the Evidence of David Strayhorn
& James Strayhorn that the Ear of William of William Piper was bitten off
in an Affray, It is Ordered that the same be recorded.
Nancy Busick of lawful age comes into Court and chooses
William Brannock her Guardian who enters into Bond with Hardy Hurdle &
[blank] his Securities in the Sum of £250.
The Execution of a Deed from Joseph Woody & Sarah his
Wife, Samuel Thompson & Margret his Wife & John Thompson & Ruth his
Wife to James Breckenridge was duly acknowledged by the Subscribers severally
to be their Act & Deed, the said Sarah, Margret & Ruth voluntarily
consenting thereto they being of full age separate & apart from their said
Husbands thereon examined & the Contents thereof first made known unto
them, Ordered to be certified. [Certified in order to be recorded in another
county; see POA from similar grantors at ODB 13/135 – the sale of land in
Virginia? Sarah Woody, Margret Thompson & Ruth Thompson must have been
sisters?]
[OCPQS 7/573 – Aug 1809 NO MINUTES FOR THURSDAY? DID THE
MICROFILMERS SKIP TWO PAGES HERE?]
Friday Morning, Present: Abner B Bruce, Henry Thompson,
Catlet Campbell} esqrs.
Joseph Stout vs Alexander Murphey & Zephaniah Tate}
Petition for the benefit of the Insolvent debtors Law. On hearing the petition
and the Evidence in behalf of the Creditors, It is the Opinion of the Court the
petition be dismissed, from which Judgment the petitioner prays an appeal. It
is further adjudged that the petitioner be remanded to prison.
Ordered that Alsa Woods son of Levina Browning now of the
age of twelve years be bound to Solomon Woods until he arrive to lawful age to
learn the Art & mistery of a farmer. [Bond not found.]
[OCPQS 7/574 is blank.]
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