Nov Term 1798

 

[OCPQS 5/473 - Nov 1798]

State of North Carolina, At a County Court of pleas & quarter Sessions begun and held for the County of Orange on the 4th one Monday in [sic] November 1798. Present: William McCauley, Sterling Harris, James Baldridge.

The Sheriff returns the Venire facias (Ex’d, to Witt): Wm Carter, Tho Lindley, Wm Hollaway, Nathan Wells, William Gwinn, Jacob Kirk, Obed Green, Nicholas Mozer, Robert Moore, Tho Lashley, Jno Nelson, Wm Allen, Joseph Tate, Jno Allen Jr, David Rainey, Joseph Allison, Robert Smith, James Morrow, Hamilton Allison, Thom Hanon, James Cain, Jno Browens?, Edward Wortham, Joseph Woods, Jno Cain, Wm Blackwood, Sam’l Thompson, Joseph Dixon, Alex Strain, Owin Loyd.

[OCPQS 5/474 - Nov 1798]

Grand Jury at This Term, to wit: Jno Cain foreman, Joseph Allison, William Allen, Joseph Tate, Joseph Dixon, Robert Smith, William Carter, Edward Wortham, Sam’l Thompson, James Morrow, Hamilton Allison, Robert Moore, Thomas Lasley, William Blackwood, James Cain.

Reubin Smith sown [sic] as Constable to attend the Grand Jury at This Term.

[OCPQS 5/475 - Nov 1798]

Samuel Hill, Reuben Smith & Reuben Holt Constables Summoned to attend this Court.

[OCPQS 5/476 - Nov 1798]

Administration of the Estate of John Allen Sr is granted to John Campbell and Elizabeth ??? and they enter into Bond £500 with Jno Allen and Alex Russell & the enter to Bond. [See also inventory OCPQS 5/504, guardianship OCPQS 6/143.]

No 2. Lyne Shackleford Ex[ecuto]rs vs Charles Collier} ????????? Debt. Jury charged &c: Alex Strain, Joseph Wood, Tho Lindley, Jacob Rich, Tho Horner, Nicholas Moser, James Armstrong, Joseph Baker, James Hart, Rob’t Faucet, Alex Tinning, Jno Ward – plaintiff called & non suit.

No 4. William McQuiston vs William Nash} Gen’l issue & set off. Same Jury as in No 2, find the plaintiff did assume & assess the plaintiff Damage £19.2 & Costs.

[OCPQS 5/477 - Nov 1798]

David Rainey is excused from serving as a Juror at this Term.

On motion of Richard Massey & Henry Wood Itinerant Trades and partner, It is ordered that a permit be granted and the same is hereby granted to them the said Richard & Henry to Pedle and Hawk their Goods, wares & merchandize from place to place within this State in partnership (but no Separately) for the Space of one year, to wit, from the twenty seventh day of November one thousand seven hundred and ninety Eight until the twenty seventh day of November ensuing.

[OCPQS 5/478 - Nov 1798]

6. Michael Turnan vs Lewis Kirk} Case, Gen’l issue & Stat Lim. Jury charged &c: Henry Faucet, James Craig, Jno Holden, Thos Nelson, Eli Collins, Sherwood Allen, Edward Trice, Alexander Russell, Jno Piper, James Riggs, Thomas Horns, James Stockard – find the defend did assume within 3 years & assess the plaintiffs Damages to £44.4 & Costs.

Court adjourn’d till to morrow 9 o’Clock.

[OCPQS 5/479 - Nov 1798]

Court according to

Tuesday morning, Court met according to adjournment. Present: Sterling Harris, Jno Thompson, Francis Mooreland} Esqrs.

7. Jno Kelley vs Tho Horne Jr} Trespass. [Jury:] Alex Strain, Joseph Wood, Thomas Lindley, Jacob Rich, Tho Horner, Nicholas Moser, Henry Mason, Jno Freeland, William Forsyth, William Lindsey, William Pendergrass, Jno Bragg. Jury charged &c, to wit, find the Defendant not Guilty.

[OCPQS 5/480 - Nov 1798]

Administration of the Estate of John Gibson Deceased is granted to John Stroud, it being proved to the satisfaction of the Court that the nearest of kinn has relinquished their rite of Adm’n by the oath of Reubin Smith, he entering into Bond in the sum of £500 with Walker Herndon & William Forsyth.

Alex Bourland & Jno Woods fined 20. Each for their non attendance as Jurior [sic] a the Call of the Sheriff.

Court adjourns till morrow 10 o’Clock.

[OCPQS 5/481 - Nov 1798]

Rob’t Faucet vs Sherwood Allen} Debt. [Jury:] Jno Hanks, Jno Holden, Absolam Holt, Tho Bird, Wm Wood, Robert Wilson, Geo Pratt, Tho Bownor, Jno Riggs, Jno Armstrong, William Picket, Jno Carregain. Jury charged &c to wit, non suit, appeal prayed, James Faucet as security.

[OCPQS 5/482 - Nov 1798]

The Execution of a power of Attorney from Charles Duncan to Jno McKerrall was duly proved in open Court by the oath of William Kirkland a subscribing witness thereto and was Ordered to be Recorded. [See OWB C/122.]

The Execution of the last Will & Testament of Thomas Smith was duly proved in open Court by oath of Thomas Reding & John Whitaker two of the subscribing witnesses thereto and Ordered to to [sic] Recorded. [See OWB C/124.]

The Execution of a Deed from James Stockerd to Stephen White was duly acknowledged in open Court and ordered to be Registered. [See ODB 7/338.]

The Execution of a Deed from James Hogg to William Hooper was duly proved in open Court by the oath of Gavin Alves a subscribing witness thereto and Ordered to be Registered. [See ODB 7/380.]

The Execution of a Deed from William Shepherd to William Hooper was duly acknowledged in open Court and [ordered] to be Registered. [See ODB 7/379.]

The Execution of a Deed from Daniel Turrentine to Joseph Hodge and Richard Christmas was duly acknowledged in open Court and ordered to be Registered. [See ODB 7/339.]

[OCPQS 5/483 - Nov 1798]

The Execution of a Deed from Joseph Hodge to Daniel Turrentine was duly acknowledged in open Court and ordered to be Registered. [See ODB 7/341.]

The Execution of a Deed from John Trousdale to John Campbell was duly proved in open Court by the oath of John Ray a subscribing witness thereto and was ordered to be Registered. [See ODB 7/359.]

The Execution of a Deed from Richard Christmas to Gibson & Perkins was duly acknowledged in open Court and ordered to be Registered. [See ODB 7/377.]

Rob’t Carson is discharged from any further attendence at this Term as a Juror.

Comission to take Deposition of Michael Holt in the suit A Gibson vs Keziah Holt and ??? in the Suit Gibson Whitsides de bene esse.

[OCPQS 5/484 - Nov 1798]

Court met Wednesday morning, Court met according to adjournment. Present: Sterling Harris, Wm McCauley, William Shepperd} Esqrs.

9. Joseph Marcum vs Kounies Moreland} T A V. [Jury:] Alex Strain, Joseph Wood, Jacob Rich, Tho Lindly, Tho Horner, Nicholas Moser, James Riggs, Joseph Barber, Eli Woods, Jno Combs, Henry Faucett, Tho McCracken. Jury charged &c, find the Defendant guilty and assess the plaintiffs Damages to 40. & costs.

Daniel Baldridge is fined twenty shillings for not attending at the call of the sheriff. Remited. Alex Strain fine remited & fine paid Strain by ????.

[OCPQS 5/485 - Nov 1798]

Venire Facias to Feb’y Term 1798: Eli Harvey, Rob’t Morrison, Sam’l Pike Nathan Dixo[n], Alex Underwood Alen Edwards, Jno Shaddy, Ephraim Cook, James Lapslie, Tho Armstrong (Eno), Sam’l Thompson (son Ben), Rob’t Thompson (son D[itto]o), William Craig, Tho Baker, James Craig Jr, David Craig, Joseph Moore (the 2d), Jno Pickard Sr, Tho Howard, James Crutchfield, Alex Russell, James Gordan, Sherwood Dunnagin, Jno Riggs, David Allison, James Fossett Sr, Jacob Jackson, Daniel Wilkerson, Sam’l McCracken, James Walker, William Whitted, Rob’t Eaton.

Joseph Barber & Alex Strain fin’d 20/ each Peremtorially.

Joseph Barber fine paid. Alex Strain fine pd.

Alex Stain fine reimbursed & paid him by M? Hart, fine remited.

[OCPQS 5/486 - Nov 1798]

16. William McQuiston vs Augustus Benton} Case. [Jury:] Henry Thompson, James McCulloch, Patrick McVey, James Wilson, Henry Mason, Edward Trice, Rich’d Faucet, Rob’t Steward, Hugh Mulhollan, Christian Peelor, Jno Holden, Daniel Baldridge. Jury charged &c, find that the Defendant did assume and that there is no payment or set of[f] & assess the plaintiffs Damages to £29.3.6 & Costs.

14. Francis Dunn vs Jo Armstrong} Same Jury as in no 16, assess the plaintiffs Damages to £8.11 & Costs.

[OCPQS 5/487 - Nov 1798]

18. Jno Hanks vs Jess Lynch} Debt. [Jury:] Tho Hunt, Jno Ray, Joseph Wood, Jacob Rich, Tho Lindly, Tho Horner, Nicholas Moser, Jas Riggs, Eli Woods, Jno Combs, Henry Faucet, Tho McCracken. Jury charged &c, find a pay’t of £4.10 made on the 1st day of Nov’r 97, that there is no set off, that £48.10 the residue of the Debt remain unpaid and assess the plaintiffs Damages to £3.2.

William Lyttlejohn & Geo Alston &c vs Mathew Strudwick Ecx &c} Debt. Same Jury as in no 18 Charged &c, find the Bond declared to be the act & Deed of the Def’ts Testator, that the money mentioned therein was not paid at the day, that the same was not released, that there is no sett off or satisfaction and further find the proclamation mentioned in Bond to be of the value of £46.17.7, assess the plaintiffs Damage to £45.0.7 & C[osts], [totaling] 91.17.8.

[OCPQS 5/488 - Nov 1798]

20. James Christmas vs Mark Carragin} Case. Same Jury as in no 16 Charged &c. Plff called & non suit.

21. James Stockard vs James Patterson & others} Debt, Gen’l issue, Pay’t & Set off. Same Jury as in no 16 Charged &c, find the Bond of to be the value £26.6.8 to be the act and Deed of the D’endants & assess the Plaintiffs Damages £2.11.4 & Costs. 28.10.2

Same vs Same} Debt, Gen’l issue, paym’t & set off. Same Jury as in no 16 charged &c, find the Bond declared on to be of the value of find the Bond of £25.6.8 declared on to be the act an[d] Deed of the Defendants & assess the plaintiffs Damages to £2.9.4.

Court adjourns till morrow 10 o’Clock.

[OCPQS 5/489 - Nov 1798]

Thursday 29, Court met according to adjournment. Present Sterling Harris, James Christmas, James Baldridge} Esqrs.

State vs Margaret Phifer} Pet Larc’y. Same Jury as ???? Jno Ward, Frederick Keck, Jno Barnhill, Wm Eulis, Jno Justice, Tho Sutton, Alex Strain, Joseph Wood, Jacob Rich, Tho Lindly, Tho Horner, Nicholas Moser. Jury charged &c, find the Defendant not Guilty in manner & form charged in the Bill of Indictment.

[OCPQS 5/490 - Nov 1798]

Ordered that on a child [k]nown & called by the name of Mary Basket be bound unto Joseph Wicks until she shall arrive to the age of Eighteen years to learn the art & mistery of a spinstress. [See Apprentice Bonds, image 360. See also Bastardy Bonds, images 528 & 547-549.]

24. Rob’t Adam vs Charles Christmas} Debt. [Jury:] Jno Ward, Frederick Keck, Jno Barnhill, Wm Eulis, Jno Justice, Tho Sutton, Alex Strain, Joseph Wood, Jacob Rich, Tho Lindly, Tho Horner, Nicholas Moser. Jury charged &c, find that there is no payment or set of[f] & £23.10.9 mentioned in Bond is still due & assess the Plaintiffs Damages to £6.15.9 & Cost.

[OCPQS 5/491 - Nov 1798]

State vs Peter House?} As’t

5. State vs James Wood} charged and submits Assault. Charged & submits &c, fined 20/ and Costs.

7. State vs Rob’t Duk[e]} Assault, charged, pleads not Guilty. [Jury:] Tho Cate, Jno Bullock, Tho Durham, James Moore, Moses Holmes, Jo Clendennin, Jo Thompson, Jno Lapslie, David Faucet, William Chizenhall, Charles Ray. Jury charged &c, find the Defendant Guilty in manner & form charged in the Bill of Indictment, fin’d £5.0.

Court adjourned till to morrow morning 10 O’Clock.

[OCPQS 5/492 - Nov 1798]

Ordered that James Dabling [Deblin] an orphan now of the age fourteen years be bound unto John Chapman untill he arrive to the age of twenty years [sic] to learn the art & mistery of a Taylor. [See Apprentice Bonds, image 362. See also accounting OCPQS 5/304, guardianship OCPQS 4/406.]

Fryday, Court met according to adjournment. Present: Wm McCauley, Sterling Harris, James Baldridge} Esqrs.

9. State vs Armstrong State vs Geo Watson} In’t assault. [Jury:] Alex Strain, Joseph Wood, Jacob Rich, Tho Lindly, Tho Horner, Nicholas Moser, Francis Dunn, James Horton, Henry Mason, Tho Hunt, Eli Collins, Tho Watts. Jury sworn (to viz) [sic], find the Defendant Guilty in manner & form charged in the Bill of Indictment. Jurors Juror with Drawn.

[OCPQS 5/493 - Nov 1798]

10. State vs Jno Ray} In’t as’t. Jury sworn, to wit: Tho Adkerson, Jno Pugh, Jno Justice, Sterling Moore, Edward Jones, Jno McKerrall, Owen Lindly, Wm Elliott, Rob’t Thompson, Hubbert Lions, Jno Piper, Sherwood Allen – find the Defendant Guilty in manner and form charged in the Bill of Indictment.

8. State vs Rob’t Stagg} In’t assa[ult]. Jury sworn as in no 10. Same Jury sworn as in no 10, find the Defendant not Guilty in manner and form charged in the Bill of Indictment, motion for pros to pay costs, motion over ruled.

[OCPQS 5/494 - Nov 1798]

On reasons shewn the Court Court on Jno Justice is discharged from his Recognisance as the reputed father of Ann Asque Bastard child begotten on the body of Ann Asque [Ayscue] which child is born & proved to the Court to be a molattoe Child. [See Bastardy Bonds, images 738, 739, 741 & 761.]

Joseph Guin is commited to Goal till morrow morning for fighting in Contempt of the Court.

On Motion of William Duffy, John Grant Rencher was appointed administration as collegendum of the Estate of James Nelson dec’d who left a will [OWB C/140] appointing George Johnston, and Alexander Rowland Executors on suggestion that the Executors refuse to act and that there is much perishable property belonging to the estate, The said John Grant Rencher giving Security in the sum of £1000, the Securities Edward Trice, Archibald Nelson and Thomas Watts. And it is further ordered that the said George Johnston and Alex’r Bowland be Summon’d to appear at the next Term to be held for this Court to accept or refuse Executorship. Ordered that Jno Grant Rencher (being appointed administrator ad collegendum of the estate of John Nelson deceased) sell the perishable part of said Jas Nelson’s Estate agreeable to Law and return the account of sale to the next Court. [Contrast OCPQS 5/526.]

[OCPQS 5/495 - Nov 1798]

Sarah Riggs is appointed Guardian to James Woods, she entering into Bond in the sum of one hundred & fifty pounds Jas Latta security Senr Security and entered into Bond accordingly.

Court adjourned till morrow 10 O’Clock.

[OCPQS 5/496 - Nov 1798]

Saturday, Court met according to adjournment. Present: William McCauley, Jno Taylor, Jno Thompson, Sterling Harris} Esqrs.

[OCPQS 5/497 - Nov 1798]

Ordered that at this Court and in future all Witnesses on behalf of the State shall be allowed for their attendance over the whole of the first Court or until the trial, if had in the first Term and for such time as may be set apart for the trials of States business after the said first Court.

Rob’t Faucet is appointed overseer of the road from Back Creek to Henry masons Creek and the usual hands work on the same untill next Court at which time Overseer shall return his order.

Wm Elliott is appointed overseer of the road from Henry Masons Creek to his own house, the usual hands work on the same until next Court at which time he shall return his order.

Ordered that a Jury of Disinterested men be appointed to view the road from Back Creek to Masons Creek and Masons Creek to William Elliott & report to next Court that which shall appear to them to be the best for the Publick advantage and that on the said report being returned the road rejected by the Jury shall be closed and that the one fixed on by them shall be kept open & worked on.

[OCPQS 5/498 - Nov 1798]

Eli Collins & wife vs Tho Bane & wife & Jno Ward & wife} Petition. On hearing the Petitioner with the Depositions filed and argument of counsel it is adjudged by the Court that the Petitioner have no Right to the Land prayed for & that the Pet[it]ion be Dismissed at the Costs of the Plaintiff. Appeal prayed and granted, offers Wm Elliott, Francis Dunn as security who are approved of by the Court.

[OCPQS 5/499 - Nov 1798]

The Execution of a Deed from Abraham Whinnery to Moses Holmes was duly proved in open Court by the oath of Joseph Clendenin a subscribing witness thereto and ordered to be Registered. [See ODB 7/333.]

The Execution of a Deed from William Roach to Thom Cates was duly proved in open Court by the oath of Jno Cate a subscribing witness thereto & was ordered to be Registered. [See ODB 7/337.]

The Execution of a Deed from Joseph Moore to James Phillips was duly proved in open Court by the oath of Catlet Campbell a subscribing witness thereto & was ordered to be Registered. [See ODB 7/324.]

The Execution of a Deed from Wm Courtney to Wm Lockhart was duly proved in open Court by the oath of Catlet Campbell a subscribing witness thereto & was ordered to be Registered. [See ODB 7/327.]

The Execution of a Deed from Wm Courtney to James Phillips was duly proved in open Court by the oath of Ca Campbell a subscribing witness thereto & was ordered to be Registered. [See ODB 7/325.]

The Execution of a Deed from John Gattis [to] Edm’d Shelton was duly proved in open Court by the oath of Bennett Watson a subscribing witness thereto & was ordered to be Registered. [See ODB 7/344.]

The Execution of a Deed from James Gattis to Edm’d Shelton was duly proved in open Court by the oath of Samuel Hopkins a subscribing witness thereto & was ordered to be Registered. [See ODB 7/345.]

[OCPQS 5/500 - Nov 1798]

The Execution of a Deed from William Lytle to Wm Norwood was duly proved in open Court by the oath of Samuel Turr[ent]ine a subscribing witness thereto & was ordered to be Registered. [See ODB 7/328.]

The Execution of a Deed from Thomas Clark to Jno Ray was duly proved in open Court by the oath of Wm Clark & Jesse Clark two of the subscribing witnesses thereto & was ordered to be Registered. [See ODB 7/347.]

The Execution of a Deed from John Daniel to William Pickett was duly proved in open Court by the oath of William Pendergrass a subscribing witness thereto and was ordered to be Registered. [See ODB 7/350.]

The Execution of a Deed from James Baxter to Wm Lingo was duly proved in open Court by the oath of Ruebin Baxter a subscribing witness thereto & was ordered to be Registered. [See ODB 7/332.]

The Execution of a Deed from Wm Hodge to Joseph Hodge was duly acknowledged in open Court and was ordered to be Registered. [See ODB 7/354.]

The Execution of a Deed from William Hodge to Joseph Hodge was duly acknowledged in open Court and was ordered to be Registered. [See ODB 7/364.]

The Execution of a Deed from Daniel Turrentine to Wm Hodge was duly acknowledged in open Court and was ordered to be Registered. [See ODB 7/366.]

[OCPQS 5/501 - Nov 1798]

The Execution of a Deed from William Ansley to David Hinchey was duly proved in open Court by the oath of Gilbert Ansley & was duly was ordered to be Registered. [See ODB 7/360.]

The Execution of a Deed from William McCauley to Alexander Kirkpatrick was duly proved in open Court by the oath of James Roberts a subscribing witness thereto and was ordered to be Registered. [See ODB 7/351.]

The Execution of a Deed from William Ansley to Gilbert Ansley was duly proved in open Court by the oath of Sutherland May a subscribing witness thereto and was ordered to be Registered. [See ODB 7/370.]

The Execution of a Deed from William Ansley to Geo Carrington was duly proved in open Court by the oaths of Joseph Brittain & Gilbert Ansley two of the subscribing witnesses thereto and was ordered to be Registered. [See ODB 7/367.]

The Execution of a Deed from Samuel Clenney to James Cain was duly proved in open Court by the oath of James Latta Jr & was ordered to be Registered. [See ODB 7/373.]

The Execution of a Deed from Charles Kelley to Robert Cate Sr was duly proved in open Court by the oath of Robert Cate Jr & was ordered to be Registered. [See ODB 7/374.]

[OCPQS 5/502 - Nov 1798]

The Execution of a Deed from John Knight to Geo Carrington was duly proved in open Court by the oath of James Horton and was ordered to be Registered. [See ODB 7/369.]

The Execution of a Deed from Alexander Anderson to Wm Freeman was duly proved in open Court by the oath of William Jenkins a subscribing witness thereto & was ordered to be Registered. [See ODB 7/357.]

The Execution of a Deed from Tho Rich to John Loy was duly proved in open Court by the oath of Jacob Rich a subscribing Witness thereto & was ordered to be registered. [See ODB 7/371.]

The Execution of a Deed from John Daniel to Wm Pendergrass was duly proved in open Court by the oath of Wm Ricket a subscribing Witness thereto & was ordered to be Registered. [See ODB 7/353.]

The Execution of a Deed from Ezekiel Boggs to Jno Williams was duly proved in open Court by the oath of Phillip Moir a subscribing witness thereto & was ordered to be Registered. [See ODB 7/376.]

The Execution of a Deed from James Faucett to George Riggs was duly acknowledged in open Court & was ordered to be registered. [See ODB 7/362.]

[OCPQS 5/503 - Nov 1798]

The Execution of a Deed from Gilbert Strayhorn to James Strayhorn was duly acknowledged in open Court & was ordered to be registered. [See ODB 7/382.]

The Execution of a Deed from William Courtney to William Cain was duly proved in open Court by the oath of James Yarbrough a subscribing witness thereto & was ordered to be Registered. [See ODB 7/321. Africa Parker.]

The Execution of a Deed from Thomas Attwood Jr Sr to Thomas Atwood Jr was duly proved in open Court by the oath of Frederick Lloyd a subscribing witness thereto & was ordered to be Registered. [See ODB 7/356.]

The Execution of a Deed from Barnabus O'Farrell to Baxter King was duly acknowledged in open Court and was ordered to be registered. [See ODB 7/363.]

The Execution of a Deed from William Eccles Sr to William Eccles Jr was duly proved in open Court by the oath of John Barnhill a subscribing witness thereto & was ordered to be Registered. [See ODB 7/330.]

The Execution of a Deed from Alexander Anderson to William Freeman was duly proved in open Court by the oath of William Jenkins a subscribing witness thereto and was ordered to be Registered. [See ODB 7/358.]

[OCPQS 5/504 - Nov 1798]

The Execution of a power of Attorney [from] Charles Duncan to John McKerrall was duly proved in open Court by the oath of William Kirkland a subscribing Witness thereto and was ordered to be registered. [See OWB C/122.]

The Execution of the Last Will & Testament of George Riggs was duly proved in open Court by the oaths of John Latta & Elizabeth Latta two of the subscribing Witnesses thereto and was ordered to be Recorded, at the same time Sarah Riggs & John Latta qualified as ????? Executrix & Executor accordingly. [See OWB C/126.]

An Inventory of the Estate of John Allen was duly returned on Oath by Jno Campbell & Elizabeth Allen Administrators &c. [See also administration OCPQS 5/476, guardianship OCPQS 6/143.]

The Execution of the last Will & Testament of Thomas Smith was duly proved in open Court by the oaths of John Reding & John Whitaker two of the subscribing Witnesses thereto and was ordered to be recorded. [See OWB C/124.]

The Execution of the last will & Testament of Jno Piper was duly proved in open Court by the oaths of Sam’l Piper & Jno Cabe two of the subscribing Witnesses thereto & was ordered to be recorded, at the same time Jno Piper qualified as Executor. [See OWB C/122.]

[OCPQS 5/505 is blank.]

[OCPQS 5/506 is blank.]

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