Feb Term 1809

 

[OCPQS 7/487 – Feb 1809]

State of North Carolina, At a Court of pleas & quarter Sessions begun & held for Orange County at the Court house in Hillsbo on 4^th Monday in February A D 1809. Present: James Webb, David Mebane, Ca Campbell} esqrs.

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

[OCPQS 7/488 – Feb 1809]

Grand Jury impannelled & Sworn, vizt: Allen Cain, Sam’l Woody, Barney Clapp, Goodman Nevill, Thomas Latta, John Woody, Robert Faucett, William Rhodes, John Holt, John Towell, John Murray, William Palmer, James Davis, Sam’l Holloway, William Strayhorn.

Wm Andrews Sworn as Constable.

Remaining Jurors of the Original Pannell who have appeared & qualified, vizt: Joshua Thompson, John Redmond, John Freeland, Nath’l Carter, Richard Woods, Nath’l Newlin, John Clap.

[OCPQS 7/489 – Feb 1809]

Remaining Jurors of the Original Pannel who do not appear & are fin’d vizt: Nath’l Harris, Thomas Thompson, Fredrick Blanshard, John McKerall, Stephen Scarlett, Thomas McCullock, Sam’l Child.

Thomas McLin? Vs Nunn & Partin} Def’t & enq’y. Jury charged: Joshua Thompson, John Redmon, John Freeland, Nath’l Carter, Richard Woods, Nath’l Newlin, John Clap, John Workman, William Hobbs, James Miller, Abram Whittaker, Samuel Faucett. Assess the plaintiffs Damages to £15.10/ & Costs.

Thomas McLin vs David Nunn} Def’t & enq’y. Same Jury charged, assess the Plffs Damages to £1.17.6 & Costs.

[OCPQS 7/490 – Feb 1809]

Josiah Barbee Exr &c vs John Hyde} Same Jury charged. Find no pay’t or set off & assess the plaintiffs Damages to £18.8/ & Costs. Prin 64.19.1, [totaling] £83.7.1.

Andrew Gibson vs Powell & Wilhoit} Same Jury charged. Find that after allowing the pay’t the Dollars mentioned in the bond declared on are of the Value of £142.4/9, find a pay’t of $10 equal to £5 on 10^th Octo 1807 & assess the Plffs Damages to £11.10/10 & Costs. 142/3/9 [totaling] £153.14.7.

[OCPQS 7/491 – Feb 1809]

Andrew Gibson vs Powell & Wilhoit} Same Jury charged. Find that the Dollars mentioned in the bond declared on are of the Value of £138.4.7, there is no pay’t or set off & assess the plaintiffs Damages to £7.18.6 & Costs. Prin’l 138.4.7 [totaling] £146.3.1.

Jacob Bledsoe vs Nicholas Durning} Same Jury Charged. Find the Value of the penalty of Bond to be £125, that the Value of the Award is £55 & assess the Plffs Damages to 1d & Costs. All proceedings in this Suit are Stayed until after 31^st Dec next. Riley Vickers & John Redmon enters themselves as Security who are approved of by the Court.

John Elmore vs James Murdock} Same Jury charged. Find that the Defendant Def’t [sic] did assume & within 3 years & assess the Plffs Damages to £12.10/ & Costs, appeal prayed. Robert Murdock & Andrew Murdock Sec’s.

[OCPQS 7/492 – Feb 1809]

Den on Demise of James Latta vs Fen & Riley Vickers} Ejectment. Jury charged: James Faucett, Wm McDaniel, Thomas Cate, Thomas Thompson, David Williams, Levi Jackson, John Woods, Jacob Allen, James Williams, Thomas Armstrong, Finn Hart, Isaac Lint. Find the Defendant Guilty & assess the Plffs Damages to 6d & Costs.

Mag?? Barber vs John Burch} Same Jury charged. Find the Dollars mentioned in the Bond is of the Value of £62.10/ & assess Plffs Damages to 4/13/10 & Costs, no pay’t or set off, [totaling] £67.3.10.

[OCPQS 7/493 – Feb 1809]

John Nuttall ass’ee vs Bryant Kittrell} Same Jury charged. Find the dollars mentioned in the bond declared on to be of the Value of £250, that there was a pay’t on 31^st July 1807 of $160 equal to £80 and assess the Plaintiffs Damages to £20.10/ & Costs. Bal prin 216.7/, [totaling] £237.7/. John Morgan & Edward Walton Jr acknowledge themselves bound as Security for the Stay of Execution in the above Case.

[OCPQS 7/494 – Feb 1809]

The Execution of a Deed from James A Morgan to Christopher Barbee was duly acknowledged in open Court by James A Morgan the Subscriber thereto & Ordered to be registered. [See ODB 13/226.]

The Execution of a Deed from James A Morgan to Christopher Barbee was duly acknowledged in open Court by James A Morgan the Subscriber thereto And Ordered to be registered. [See ODB 13/227.]

The Execution of a Deed from Robert Tinnen to Thomas & James Armstrong was duly proved in open Court by the Oath of James Lapslie a Subscribing Witness thereto & Ordered to be registered. [See ODB 13/224.]

The Execution of a Deed from Ezekiel B Curry to James Lapslie was duly proved in open Court by the Oath of Tho Armstrong a Subscribing Witness thereto & ordered to be registered. [See ODB 13/228.]

The Execution of a Deed from James A Morgan to Christopher Barbee was duly acknowledged in open Court by James A Morgan the Subscriber thereto & ordered to be registered. [See ODB 13/227.]

The Execution of a Deed from Wm Partin to Baxter King was duly proved in open Court by the Oath of Alex’r Strain a Subscribing Witness thereto & ordered to be registered. [See ODB 13/225.]

[OCPQS 7/495 – Feb 1809]

The Execution of a Deed from Chesley P Patterson Guard[ian] &c to John Taylor Sr was duly acknowledged in open Court & ordered to be registered. [See ODB 13/225.]

The Execution of a Deed from Alfred Moore to Andrew Watson was duly proved in open Court by the Oath of Thomas Hastings a Subscribing Witness thereto and ordered to be registered. [See ODB 13/226.]

The Execution of a Deed from John Morgan to Silas Clark was duly acknowledged in open Court and Ordered to be registered. [See ODB 13/228.]

The Execution of a Deed from Alexander Carson to James Tate was duly proved in open Court by the Oath of John A Mebane a Subscribing Witness & ordered to be registered. [See ODB 13/219.]

The Execution of a Bill of Sale from Parham Kirk to Abner Tapp was duly proved in open Court by the Affirmation of Daniel Cloud a Subscribing and Ordered to be registered. [See ODB 13/220.]

The Execution of a Deed from Mary Doherty to Duncan Cameron was duly proved in open Court by William Bond a Witness thereto & ordered to be registered. [See ODB 13/218.]

[OCPQS 7/496 – Feb 1809]

The Execution of a Deed from John Patton to Robert Ray was duly proved in open Court by the affirmation of Jonathan Lindly a Subscribing Witness thereto & ordered to be registered. [See ODB 13/221.]

The Execution of a Deed from Robert Ray to Jonathan Lindly was duly proved in open Court by the Oath Affirmation of Thos Lindly a Subscribing Witness thereto & ordered to be registered. [See ODB 13/222.]

The Execution of a Deed from Henry Bracken to Isaac Bracken Jr was duly proved in open Court by the Oath of Isaac Bracken Sr & ordered to be registered. [See ODB 13/223.]

The Execution of a Deed of Trust from Henry Hastings to Andrew Collins was duly proved in open Court by the Oath of Charles Christmas a Subscribing Witness & ordered to be registered. [Not Found in ODB or OWB.]

The Execution of a Deed from John Hadly to Nathaniel Newlin was duly proved in open Court by the Affirmation of John Woody a Subscribing Witness & ordered to be registered. [See ODB 13/221.]

[OCPQS 7/497 – Feb 1809]

Tuesday Morning, Court met according to adjournment. Present: Samuel Benton, James Webb, Catlet Campbell} esqrs.

Fredrick Blanshard a Juror of the Original Pannell who was fined yesterday for nonattendance is excuse by reasons shewn the Court on Oath.

Whitted & Yarbrough ass’ee vs James Murdock} Jury charged: Joshua Thompson, John Redmon, John Freeland, Nath’l Carter, Richard Woods, Nath’l Newlin, John Clapp, Fredrick Blanshard, John Coble, Joseph Hardin?, Thomas Cates, Samuel Cloud. Find no pay’t or set off, that the Dollars mentioned in the bond declared on are of the value of £64.1/ & assess this Plffs Damages to £6.12/2 & Costs, prin 64.1, [totaling] 70.13.2.

[OCPQS 7/498 – Feb 1809]

Administration of the Estate of John Galbraith Dec’d is granted to Matthew Cunningham, Robert Dixon & Walter Galbraith who enter into Bond with David Mebane & Robert Faucett their Securities in the Sum of £2000.

Ordered that the administrators of John Galbraith Dec’d have leave to Sell the Perishable Estate of the said Deceased.

Whitted & Yarbrough vs James Murdock} Same Jury charged. Find no pay’t or set off & assess the Plaintiffs Damages to £3.2/6 & Costs. 50.15 [totaling] £53.17.6,

Wm Faucett vs Isaac Bracken Sr} Thomas Moon Bail Surrenders his principal in discharge of the Bail &c.

[OCPQS 7/499 – Feb 1809]

Samuel Hart vs Wm P Mangum} Same Jury charged. Find the Value of the Dollars mentioned in the Bond declared on is £41.6.4, that there is no pay’t or set off & assess the Plffs Damages to £2.17.7 & Costs. Tho Hunt & Fredrick Mize Sec’ys for the Stay of Ex’n. [in left margin these numbers added, totaling:] 44.3.11.

Alexander Chizenhall vs John Cain} Jury charged as above. Find no pay’t or set off & assess the Plffs Damages to £3.10/ & Costs. Prin 50, [totaling] £53.10/.

James Williams vs John Cain} Same Jury charged. Find no pay’t or set off & assess the Plaintiffs damages to £9.18 & Costs. 50 [totaling] £59.18/.

[OCPQS 7/500 – Feb 1809]

James Hogg vs Wm M Loftin} Same Jury Charged. Find the Bond declared on to be the Act & Deed of Def’t, that Def’t was of full age, that there is no pay’t or set off & assess the Plffs Damages to £1.17.6 & Costs. Prin 41.13.4 [totaling] £43.10.10.

George Swing vs Tobias Smith & Wife} Jury charged No 1: Joshua Thompson, John Redmon, John Freeland, Nath’l Carter, Richard Woods, Nath’l Newlin, John Clapp, Fredrick Blanshard, Joseph Hardin, Thomas Cates, Samuel Cloud, Thomas McCulloch. Find the Defendants Guilty & within one year & assess the Plffs Damages to £2 & Costs.

[OCPQS 7/501 – Feb 1809]

James Faucett vs James & Rob’t Murdock} Jury charged No 2: James Williams, William Hobbs, Sam’l Faucett, John Workman, Nath’l King, Isaac Lint, John Forrest, Finny Hart, James Miller, John Ray, Morgan Hart, Peter Riley. Find no pay’t or set off & assess the plaintiffs Damages to £5.7.9 & Costs, the Value of the Dollars are £63.6/ [totaling] £68.13.9.

Catlet Campbell vs William Mebane’s Exrs} Same Jury charged. Find that after allowing payment allotted pay’t endorsed there is a Bill Ballance due of £67.4.6 in principal & Int, that the Ex’rs have fully administered & have no assets.

[OCPQS 7/502 – Feb 1809]

Joseph Harder vs James McClure} Jury No 2 charged. Find the Covenant not performed and assess the plffs Damages to £32.11/ & Costs. Isaac Bracken Sr & Aaron Hill enter as Securities for the Stay of Ex’n who are approved of.

James McClure vs Joseph Harder} Same Jury charged No 2. Plaintiff called & nonsuit. Hall Garrison, John Hughs & Nathan Hill Witnesses in behalf of the Plff being called on their Subpoenas and failing to appear are fined according to Act of Assembly.

[OCPQS 7/503 – Feb 1809]

Obediah Harlow vs William Hall} Jury No 1 charged. Find the Def’t Guilty, that it is his own proper assault & assess the plaintiff Damages to £17 & Costs. Execution Suspended according to Act of Assembly. Duncan Cameron & John Taylor Jr Securities.

Jesse Dickins vs Ira Ellis} Jury No 2 charged. Find the Value of the Money mention’d in the Bond declared on to be £83.6/8 & assess the Plaintiffs Damages to £2.18.4 & Costs, prin 83.6.8, [totaling] 86.5.0.

Joseph Delk vs George Carrington} Same Jury charged. Find that the Def’t does not owe.

[OCPQS 7/504 – Feb 1809]

Samuel Cloud vs Fredrick Taylor} Jury charged: Joshua Thompson, John Redmon, John Freeland, Nath’l Carter, Rich’d Woods, Nath’l Newlin, John Clapp, Fredrick Blanshard, Joseph Harden, Thomas Cate, Thomas McCulloch, Morgan Hart. Find the Defendant Guilty, that there is no Justification & assess the plffs Damages to £35 & Costs. John Taylor Sr & Edward Walton Jr acknowledge themselves bound as Securities for the Stay Ex in the above Case.

[OCPQS 7/505 – Feb 1809]

Wednesday 1^st March 1809, Court met according to Adjournment. Present: Jonathan Lindley, Thomas Whithed, James Moore} esqrs.

The State vs John Cummins} Jury Sworn: Joshua Thompson, John Redmond, John Freeland, Nathaniel Carter, Richard Woods, Nathaniel Newlin, John Clapp, Fredrick Blanshard, Thomas McCullock, Jarratt Yeargain, John Hart [or Hunt?], Richard Thompson. Find the Defendant Guilty in manner & form as Charged in the Bill of Ind’t.

[OCPQS 7/506 – Feb 1809]

The State vs Wm Hall} Jury Sworn: James Faucett, Samuel Cloud, Arch’d Reeves, James Latta, William McKee, Henry Shutt, John Workman, Thomas Cate, Theophilus Thompson, Nath’l King, Wm J Cain, Reuben Boroughs. Find the Defendant Guilty in Manner & form as Charged in the Bill of Ind’t.

Jarratt Yeargain records the mark of his Stock, vizt: a Crop on the right Ear & an under Slope in the left Ear.

[OCPQS 7/507 – Feb 1809]

The Execution of a Deed from James McCaddams to Joseph McCaddams was duly proved in open Court by the Oath of James McCaddams a Subscribing Witness thereto & ordered to be registered. [See ODB 13/215.]

The Execution of a Deed from William Shaw to Joseph McCaddams was duly proved in open Court by the Oath of James McCaddams a Subscribing Witness thereto & ordered to be registered. [See ODB 13/215.]

The Execution of a Deed from Conrod Witsman to Jonathan Lindly was duly proved in open Court by the Affirmation of Thomas Lindly a Subscribing Witness & ordered to be registered. [See ODB 13/222.]

The Execution of a Deed of Trust Mortgage from Henry Hastings to John Young was duly proved in open Court by the Oath of Charles Christmas a Subscribing Witness & ordered to be registered. [See ODB 13/229.]

The Execution of a Bill of Sale from Augustine Dishon to Luke Dishon was duly proved in open Court by the Oath of William McClure a Subscribing Witness & ordered to be registered. [See ODB 13/230.]

[OCPQS 7/508 – Feb 1809]

Thursday 2^nd March 1809, Court met according to adjournment. Present: Thomas Whithead, Joseph Clendening, John Taylor} esqrs.

Ordered that the Sheriff bring into next Court the Orphan Children named in the presentment of the Grand Jury at last Term for the purpose of their being bound out.

Nicholas Holts Ex’r vs John Fogleman} Ordered that Execution issue agt the Plaintiff for the attendance of John Coble a Witness in this Case.

[OCPQS 7/509 – Feb 1809]

Administration on the Estate of Joseph Norman Dec’d is granted to William Norman & Francis Norman who enter into Bond with John Woody & James Deblin their Sec’s in the Sum of £200.

Ordered that the Administrators of Joseph Norman Dec’d have leave to sell the personal Estate of Joseph Norman Dec’d.

The Widow of Thomas Laws Dec’d relinquishes her Right of Administration on the said Estate. It is therefore Ordered that Administration of the Estate of Thomas Law Dec’d is granted to John Jameson who enters into Bond with Samuel Turrentine and William Hall his Sec’s in the Sum of £250.

Ordered that John Jameson Adm’r of Thomas Laws Dec’d [blank]

[OCPQS 7/510 – Feb 1809]

Administration on the Estate of Edmond Willis Dec’d is granted to Edward Walton Jr & Peter Willis who enters into Bond with Bryant Kittrell & James Cheek in the Sum of £5000.

Ordered that the Adm’rs of Edmund Willis Dec’d have leave to sell the perishable Estate of said Dec’d.

Administration of the Estate of Baldwin Nichols Dec’d is granted to Barnabas O’ Farrell who enters into Bond with William Hall his Sec’y in the Sum of of [sic] £200.

Ordered that the Adm’r of Baldwin Nicholas Dec’d have leave to sell the perishable Estate of Said Dec’d.

[OCPQS 7/511 – Feb 1809]

Catlet Campbell, Abner B Bruce & Doct’r James Webb esqrs are appointed Commissioners to examine the Accounts of Samuel Thompson Guardian of the heirs of Robert Thompson Dec’d & report to next Term.

William Moreland is appointed Guardian to his Son Francis Moreland & enters into Bond with John Cabe & William P Mangum his Securities in the Sum of £500.

Ordered that Alexander McFarlin Son of Elizabeth McFarlin now of the Age of 12 years 6^th next Month be bound to Joseph Gwinn until he arrive to lawful age to learn the Art & mistery of a farmer. [See Apprentice Bonds, image 487.]

Henry Thompson & John Craig came into Court & took the oath of Qualification of Justices of the Peace.

Ordered that Joseph Doug[h]try & hands & Harrison Trice & hands hereafter work under Younger Hopson Overseer.

[OCPQS 7/512 – Feb 1809]

Ordered that the following persons be allowed 40/ each for their services as patrolls last year, vizt: Ezekiel Brewer, Henry Andrews, Caleb Lindsey, Nathan Edwards, Joshua Horn, David Warren, Thomas Taylor, John Ray, William Anderson, Moses Guess, Sam’l Couch. [See NCAH Slave Records images 83 & 85.]

[OCPQS 7/513 – Feb 1809]

Whereas on the Trial of the Lieut Obediah Harlow against William Hall it appeared that the Defendant had bitten off the part of the right Ear of the plaintiff, On Motion, Ordered that the Clerk record the same.

Ordered that the hands of Morgan Hart & Robert Bell work on the road from Hillsboro to Hart & Campbells Mill under John Taylor Overseer.

Ordered that Moses Fussells hands in future work on the road under John Ray Overseer.

On the Petition of Pleasant Henderson praying for the emancipation of Abram a Negro fellow now about the Age of forty one Years, It is Ordered that said Negro fellow Abraham be emancipated & set free and that he be called & known by the Name of Abraham Manso.

[OCPQS 7/514 – Feb 1809]

Enoch Collins elected Constable for St Marys District & enters into Bond with Isaac Holden and John Holden.

Norris Compton & Jesse Blalock are appointed Constables for Orange Dist.

[OCPQS 7/515 – Feb 1809]

Friday, Court met according to adjournment. Present: Ca Campbell, Herbert Sims, John Craig} esqrs.

Thomas Revis esqr appeared & qualified as a Justice of the Peace.

William McCanless comes into Court and records his Mark, vizt: A Crop and a Slit on the left Eat.

Ordered that the Order of last Court appointing John Cabe & James Latta esqrs to settle the Acco’s of John Holden and Elizabeth Holden Adm’rs of Thomas Holden Dec’d be renewed and that they report to next Term.

[OCPQS 7/516 is blank.]