Nov Term 1801
[OCPQS 6/236 - Nov 1801]
State of North Carolina, At a County Court of Pleas &
Quarter Sessions begun & held for Orange County at the Court house in
Hillsborough on the 23rd November being the 4th Monday of
said Month & in the year AD 1801. Present, the worshipful Samuel Benton,
John Rhodes, John Thompson} Esqs.
The Sheriff of Orange returns his venire facias &c, to
wit: William Cain, William Rhodes Jr, Page Patterson, Levi Whitted, James
Thompson, William Riley, Samuel Nelson, John McKerall, Martin Palmer, James
Newland, Andrew McBroom, James Clendening, George Carrington, Thomas Lynch,
John Piper, Isaac Holden, John Riggs, Samuel Woody, John Woody, William Morrow
Jr, Thomas Lindley, Thomas Thompson, James Ray Capt, James Cain, James Latta
Jr, Thomas Lashley, John Whitted, John Faddis, Samuel Thompson, Charles
Christmas.
[OCPQS 6/237 - Nov 1801]
Grand Jury empannelled & Sworn to wit: William Cain,
Thomas Thompson, Andrew McBroom, Page Patterson, James Cain, Samuel Nelson,
James Clendening, James Newland, John Faddis, James Ray, Thomas Lynch, John
Riggs, James Latta, George Carrington, Sam’l Thompson.
Samuel Hill Sworn to attend the Grand Jury as Constable.
Remaining Jurors of the Original Pannell who have appeared
& qualifies: Wm Rhodes, Levi Whitted, Tho Lashley, John Woody, James
Thompson, Charles Christmas, Isaac Holden, Martin Palmer, Jehu Whitted, John
Piper.
Jurors of the original pannell who failed to appear viz:
John McKeral, Tho Lindley, William Riley, Samuel Woody, Wm Morrow. Ordered that
they be fined ni si.
[OCPQS 6/238 - Nov 1801]
1. George Carrington vs Wm Ware Jr} O atta. Jury charged, to
wit: Wm Rhodes, Levi Whitted, Tho Lashley, John Woody, James Thompson, Charles
Christmas, Isaac Holden, Martin Palmer, Jehu Whitted, John Piper, Wm Whitfield,
James Davis. Assess the Plffs Damages to £30 & Costs.
Augustus Benton vs Edmund Shelton} Case, Genl issue, set off
& Stat lim. Jury charged, to wit: James Patterson, Henry Edwards, Ezekiel
Brewer, James Barnhill, Thomas Cook, William Moore, John Millican, Thomas
Brewer, Joseph Barber, John O’Daniel, Jonathan Jones, William Wallace. Juror
withdrawn.
[OCPQS 6/239 - Nov 1801]
Isaac Holden one of the Original pannell being called by the
Sheriff & failing to appear is fined 10/ nisi.
Bruce & McKerall vs John Collins Jr} Def’t & Enqy.
Same Jury as in No 1 charged. Assess the plffs damages to £27.17/5 & Costs.
Arch’d Murphy vs Rich’d Freeman & others} Payt. Same
Jury as in No 1 charged. Find no pay’t and assess the plffs Damages to £2.0.2
& Costs. Prin 36.12.4 ¼
Surv Part Jno Hogg &c vs Parham Kirk} Def’t & Enqy.
Same Jury as in No 1 charged. Assess the plffs damages to £21,17,4 ¼ &
Costs.
[OCPQS 6/240 - Nov 1801]
Augustus Benton vs John Rhodes} Def’t & Enqy. Same Jury
as in No 1 charged. Assess the plffs damages to £24 & Costs.
James Morrow vs Jonathan Jones Jr} payt & set off. Same
Jury as in No 1 charged. Find no payt or set off & as that on the 1st
Dec 1800 there was a payment of £4, that there is no set off & assess
the Plff Damages to the residue of the bond is unpaid amounting in Prin
& Int to £41.18.3 & Costs.
Cain & Ray vs Henry Fossett} Covts performed. Same Jury
as in No 1 charged. Find the Covenant not performed & assess the Plff
Damages to £26.10.3 & Costs.
[OCPQS 6/241 - Nov 1801]
Robert Carson vs Riggs & Baldridge} covenants perf’d.
Same Jury as in No 1 charged. Find the Covenant not performed & assess the
Plffs Damages to £29.0/3 & Costs
[OCPQS 6/242 - Nov 1801]
Tuesday Morning 24th Nov’r 1801, Court met
according to Adjournment. Present: Samuel Benton, Sterling Harris, John
Thompson} Esqs.
6. John Kirk vs Augustus Benton} Jury charged, to wit: Wm
Rhodes, Levi Whitted, Thomas Lashley, John Woody, James Thompson, Isaac Holden,
Martin Palmer, Jehu Whitted, John Piper, William Moore, Samuel Carson, Henry
Edwards. Find that the Defendant did assume, that there is no set off &
assesses [sic] the plffs Damages to £25 & Costs.
[OCPQS 6/243 - Nov 1801]
Benjamin Williams Gov &c vs John Rhodes & others}
Jury charged, to wit: Daniel Watson, James Patterson, Henry Long, William
Hobbs, John Bason, John Holden, Robert Moore, William Hogan, Robert Carson,
Thomas Holden, Abner Tapp, John Milliken. Find the Bond the bond [sic] declared
on to be the Act & Deed of the Defendants, that there is no Satisfaction or
release & that Augustus Benton has Sustained Damages to the Amo of £15.5/9
& Costs.
Ordered that John Watson & Herbert Sims be fined 10/
each for not attending as Talisman at the Call of the Sheriff.
[OCPQS 6/244 - Nov 1801]
7. John Edwards’s Exrs vs John Edwards} Caveat. Jury
Charged: Wm Rhodes, Levi Whitted, Thomas Lashley, John Woody, James Thompson,
Isaac Holden, Martin Palmer, Jehu Whitted, John Piper, Samuel Carson, James
Kirk. Find that the John Edwards did not devise by his will dated this
13th Octo 1800. [See OCPQS 6/227.]
Stephen White vs James Hutcheson} Case, Genl issue. Same
Jury as above charged. Find that the Defendant did assume & assess the
Plffs Damages to £15 & Costs.
[OCPQS 6/245 - Nov 1801]
25. James Barber vs Henry Bracken} Same Jury as in No 8
charged. Find the Defendant Guilty, that there is no Accord or Satisfaction,
that it was Defendants proper Assault and assess the plffs damages to £3.10.6
& Costs.
29. William Anderson as’ee vs Tho Faucett} Covts, covts performed,
set off, payt. Same Jury as in No 17 charged. Find the Covenants not performed,
that there is no payt or set off & assess the Plaintiffs Damages to £22.4/
& Costs.
The Execution of a Deed from Hugh Finley to Owen Lindley was
duly proved in open Court by the affirmation of William Maris a Subscribing
Witness thereto & ordered to be registered. [See ODB 10/21.]
[OCPQS 6/246 - Nov 1801]
William Mangum vs John Carrington} Same Jury as in No 8
charged. Find that the Defendant did assume & within 3 years, that there is
no set off & assess the Plaintiffs damages to £139. 3d & Costs.
Ferdinand Grisham vs Francis Moreland} Same Jury as in No 8
charged. Plaintiff called & non Suit.
The Execution of a Deed from Joseph Hodge to John White was
duly proved in open Court by the Oath of Robert Hodge a Subscribing Witness
thereto & ordered to be registered. [See ODB 10/30.]
The Execution of a Deed from Walter McFarland to Joseph
Hodge was duly proved in open Court by the Oath of Robert Hodge a Subscribing
Witness thereto & ordered to be registered. [See ODB 9/365.]
[OCPQS 6/247 - Nov 1801]
William Partin vs John Taylor} Same Jury as in No 8 charged.
Plaintiff called & non Suit.
Wm King vs Wm Griffis} Same Jury as in No 17 charged. Find
that the Defendant did assume, that there is no set off & assess the
Plaintiffs Damages to £15/.4 & Costs. On Motion, Judgmt against the
Securities on appeal.
The Execution of a Deed from George Horner to Jonathan
Lindley was duly proved in open Court by the affirmation of Owen Lindley a
Subscribing Witness thereto & ordered to be registered. [See ODB 10/14.]
[OCPQS 6/248 - Nov 1801]
Wednesday Morning, Court met according to adjournment.
Present: William McCauley, Sterling Harris, John Thompson} Esqs.
Edward Harris’s Exrs vs Richard Bennehan} Jury charged: Wm
Rhodes, Levi Whitted, Thomas Lashley, John Woody, James Thompson, Isaac Holden,
Martin Palmer, Jehu Whitted, John Piper, Charles Christmas, Joseph Barber,
Matthew Barber. Find that the bond declared on is paid.
[OCPQS 6/249 - Nov 1801]
The State vs Augustine Dishon} Ind’t. Jury Sworn: Wm Rhodes,
Levi Whitted, Thomas Lashley, John Woody, James Thompson, Isaac Holden, Martin
Palmer, Jehu Whitted, John Piper, Charles Christmas, Joseph Barber, Matthew
Barber. Find the Def’t Guilty in manner & form as charged in the bill of
Indictment.
The State vs John Carrington} Same Jury as above Sworn. Find
the Defendant Guilty in Manner & form as charged in the bill of Indictment.
[OCPQS 6/250 - Nov 1801]
The State vs John Carrington} Ind’t. Same Jury Sworn. Find
the Defendant Guilty in manner & form as charged in the bill of Indictment.
The State vs Samuel Turrentine} Ind’t. Same Jury Sworn. Find
the Defendant Guilty in manner & form as charged in the bill of Indictment.
[OCPQS 6/251 - Nov 1801]
Wednesday, Court met according to adjournment. Present:
Samuel Benton, Sterling Harris, Empson Bird} Esqs.
The Execution of a Deed from George Riggs to John Riggs was
duly proved by the Depositions of William Waggoner & Fredrick Lipham
Subscribing Witnesses thereto which Depositions were taken before James Willis,
Thomas Porter Justices of the County of Wilkes in the State of Georgia by
Virtue of a Commission issued to them from this Court by Order made at last
Term [not found]. On Motion, Ordered to be registered. [See ODB 10/31.]
[OCPQS 6/252 - Nov 1801]
Ordered that Nathaniel Revill now son of Barbary
Revill now of the age of Six years July last be bound to Jesse Rice to learn
the Art & mistery of a farmer. Nov 1801. [See Apprentice Bonds, image 403. Regarding
Nathaniel and the two following Revill children, see also OCPQS 6/225.]
Ordered that MacLin Revill Son of Barbary Revill now of the
age [of] four years July last be bound to Jesse Rice to learn the art &
mistery of a farmer. Nov 1801. [See Apprentice Bonds, image 401.]
Ordered that Cary Revill daughter of Barbary now of the age
of Two years July last be bound to Jesse Rice to learn the art & mistery of
a farmer. [See Apprentice Bonds, image 404.]
[OCPQS 6/253 - Nov 1801]
The State vs John & Sam’l Cole} Jury charged &
Sworn: John Piper, Levi Whitted, Isaac Holden, Martin Palmer, Jehu Whitted,
George Waggoner, Alex’r Robbs, James Tate, Ephraim Mitchell, John Workman,
William Eccles, John Millison. Find the Defendants Guilty in Manner & form
as charged in the bill of Indictment. On Motion, Ordered that the Defendants be
subject to the payment of the attendance of only two of the Witnesses in behalf
of the State, to wit, William Laycock & John Cates.
[OCPQS 6/254 - Nov 1801]
On Motion Ordered that Abram Whittaker Jr pay unto Sarah
Rhodes the Sum of Twenty Severn pounds, viz, Seven pounds immediately and five
pounds annually for four years to commence on the 25th day of Sep’r
1801 for the maintenance of a Child of which the said Sarah has been delivered
& of which he stands charged according to Law of being the reputed father.
[Bastardy Bonds, images 864, 866, 810 & 927. See also OCPQS 6/146.]
Ordered that Elizabeth Gwinn the wife of Joseph Gwinn take
into her care Nancy Nash the daughter of Francis Nash & Said Elizabeth
Gwinn & that she bring into the next Term the said Nancy Nash to be bound
out to whom the said Court shall think proper. [RESEARCH]
Thomas Ross having departed this life some
years ago Intestate and his Widow & next of kin having failed to apply for
Administration on said Estate and Joseph Rumley who intermarried with Sarah the
Widow of said Thomas Ross being here in Court & relinquishing her right of
Administration thereon, Administration is therefore granted to William Brannock
who enter into Bond with Alexander Robbs & James Tate his Securities in the
Sum of £2000. [See also administration OCPQS 5/327, guardianship OCPQS 6/224,
inventory OCPQS 6/629, slaves to be sold OCPQS 6/362, litigation OCPQS 6/581.]
Ordered that the
administrator of James Carrington Dec’d have leave to Sell the perishable
Estate of said James. [See also administration OCPQS 6/233, guardianship OCPQS
6/386.]
[OCPQS 6/256 - Nov 1801]
Thomas Robinson & others Petition for the Division of
real Estate} On motion of the Petitioners by William Norwood their Attorney, It
is Ordered that John Snipes attend to & Manage the Division prayed by the
Petition on behalf of William & Merritt Robinson who are Infants – And it
is further Ordered that Charles Christmas, John Edwards, Robert Milliken, James
Milliken and William Hogan be and they are appointed Commissioners to divide
and appropriate between and to the Petitioner the real Estate of Nathaniel
Robinson Dec’d and make report as directed by Law. [See also administration
OCPQS 5/629, guardianships OCPQS 6/364.]
[OCPQS 6/257 is blank.]
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