Nov Term 1802
[OCPQS 6/337 - Nov 1802]
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 in November AD 1802. Present, the worshipful James
Carson, Sterling Harris, Sam’l Benton} esqrs
The Sheriff returns his Venire facias Ex’d viz: [blank]
[OCPQS 6/338 - Nov 1802]
Grand Jury impannelled & Sworn viz: James Hart, Joseph
Thompson, Sam’l Thompson, James Mebane Jr, Zachariah Herndon, George Tate,
Samuel Riggs, George Maddin, Nath’l Carter, Dan’l Foust, James Phillips, Jas
Wilkerson, Jesse Towell, Ludwick Albright, Matthew Barber.
Enoch Collins Sworn to attend the Grand Jury as Constable
during this Term.
Remaining Jurors of the Original Pannell who have appeared
& qualified, viz: Wm Crabtree, Stephen Ward, Jacob Garrison, Christopher
Horneday, David Coble, William Hall, William Clark, James Clark.
[OCPQS 6/339 - Nov 1802]
Jurors of the Original Pannell who have failed to appear,
viz: James Crutchfield, William Cain, Jeremiah Holt, William Mangum, Henry
Bracken, John Douglass and who are fined nisi according to act of Assembly.
Samuel Crawford vs Arch’d Brockwell} Jury charged: Wm
Crabtree, Stephen Ward, Jacob Garrison, Christopher Horneday, David Coble,
William Holt, Wm Clark, James Clark, Pomfrett Herndon, James Patterson, John
Millikin, William Hobson. Find the Bond declared on to be paid.
[OCPQS 6/340 - Nov 1802]
John Kirk vs Joseph Simmons} Same Jury as in No 1 charged.
Find that the Defendant did not assume.
John Ferrington vs Eliza Stroud’s Exr} Jury charged: Robert
Moore, Ezekiel Brewer, Nath’l McLemore, Daniel Baldridge, Abner Tapp, Sam’l Thompson,
William Clark, Parham Kirk, John O’Daniel, Jonathan Jones, William Campbell,
John Strayhorn. Find that the Defendants Testatrix did assume, that there is no
set off & assess the Plffs Damages to £33.10/1 & Costs.
[OCPQS 6/341 - Nov 1802]
13. John Henderson ass’ee vs James Pickard} Same Jury as in
No 1 charged. Find the Bond declared on in????? to be the Act & Deed
of the Defendant, that the Money mentioned in said bond is of the Value of
£27.10/, that there is no payt or set off & assess the plffs Damages to £7.19/8
6.3/11 & Costs. [totaling] 33.13.11
Nancy Benton vs William Elliott & others} Same Jury as
in No 8 charged. Find no payment or set off & assess the Plffs Dam to
£21.09.6 & Costs. Prin 33 [totaling] 54.9/6
17. Jonathan Lindley vs David Pierce} Same Jury as in No 1
charged &c. Assess the Plaintiffs Damages to £52.10/ & Costs.
[OCPQS 6/342 - Nov 1802]
George Clency vs Samuel Thompson} Jury charged: William
Crabtree, Stephen Ward, Jacob Garrison, Christopher Horneday, David Coble,
William Hall, William Clark, Pomfrett Herndon, James Patterson, John Milliken,
William Hobson, Thomas Lindley. Find the Defendant not Guilty.
20. Francis Morelands Exrs vs Jonathan Forrest} Same jury as
in No 8 charged. Find no payment or set off & assess the that the
Value of the Money mentioned in the bond to be £56 & assess the Plff Dams
to 3.1/6 & Costs.
[OCPQS 6/343 - Nov 1802]
Tuesday Morning 23rd Nov 1802, Court met
according to adjournment. Present: John Taylor, Wm McCauley, Sam’l Benton}
esqrs.
Ordered that Elizabeth Copeland daughter of Peggy Copeland
now of the age of 9 years 22nd March next be bound to Tho Lindley
until she arrive to Lawful age to learn the art & mistery of a Spinster. [See
Apprentice Bonds, image 407.]
James Crutchfield one of the Original Pannell who failed to
appear at the Call of the Sheriff on yesterday is excused by reasons Shewn the
Court on Oath.
[OCPQS 6/344 - Nov 1802]
26. James Dunn vs James Mason} Jury charged: Wm Crabtree,
Stephen Ward, Jacob Garrison, Christopher Horneday, David Coble, William Hall,
Wm Clark, James Clark, William Hobson, James Crutchfield, Ezekiel Brewer, John
O’Daniel. Plaintiff called & non Suit.
28. Jno Campbell vs Geo Freeman} Same Jury as in No 26
charged. Find the Money mentioned in the bond declared on to be of the Value
of £ assess the Plffs Damages to £126.12/ & Costs.
James O’neal vs Isaac Johnston} Same jury. Assess the Plff’s
Damages to 7d & Costs.
[OCPQS 6/345 - Nov 1802]
31. Ezekiel Brewer vs James Clendening} Jury charged: Wm
Crabtree, Stephen Ward, Jacob Garrison, Christopher Horneday, David Coble, Wm
Hall, Wm Clark, James Clark, James Crutchfield, John O’Daniel, Wm Hobson, Henry
Thompson. Find that the Defendant did assume & within 3 years, that there
is no payt & assess the Plaintiffs damages to £26.7/6 & Costs.
William McCauley vs Thomas Barton & others} Same Jury as
in No 31 charged. Assess the Plaintiffs damages to £25.2/6 & Costs.
[OCPQS 6/346 - Nov 1802]
Tobias Claps Exrs vs Clap & Hobbs} Same Jury as in No 31
charged. assess the p. Find the Money mentioned in the bond declared on
to [be] of the Value of £50 & assess the plaintiffs Dam to 9.2/6 &
Costs. [totaling] 59.2.6.
35. Robert Thompson’s admrs vs Hart & Ward} Same Jury
charged as in No 31. Find a payt at the day the bond became due of £1.15/,
another payment on the 20th November 1801 of £6.7.6, that the
residue of the bond is unpaid & assess the plaintiff Dams to £1.12.0 &
Costs. Prin 26.15.4. [totaling] £28.7.4
Wm B Mebane vs Thomas Ray} Same jury charged as in No 31.
Find the Defendant Guilty, that it was his own assault, that there was no
Justification & assess the plffs Damages to 6d & Costs.
[OCPQS 6/347 - Nov 1802]
37. Wm B Mebane vs John Ray} Same jury charged. Find the
Defendant Guilty, that it was his own proper assault, that there was no
Justification & assess the plffs Damages to 6d & Costs.
38. Tho H & Constant Perkins vs Willie Salter? [or
Latter?]} Jury charged: John Cate, Henry Forrest, James Glenn, Richard Morris,
James Mason, Henry Chason, Sam’l Ector, Jno Dunnavin, John Latta, Baxter
Boling, Mark Sar???, Dan’l Watson. Assess the plff Dam to £31.4/2 & Costs.
[OCPQS 6/348 - Nov 1802]
John Neeley vs David Bryant} Same Jury. Find the Doll[ar]s
mentioned in the bond declared to be of the Value of £33, that there is no payt
or set off & assess the plffs Dams to £1.9.7 ½ & Costs. [totaling]
24.9.7 ½
Ephraim Burrow ass’ee vs Johnston Webb} Same jury. Find the
Doll[ar]s mentioned in the bond declared on to be of the Value of £29, that
there is no payt or set off & assess the plffs Damages to £6.1/8 &
Costs. [totaling] 35.1/8
[OCPQS 6/349 - Nov 1802]
Den on demise of Jacob Harder vs Rich’d Roe & Jno
Dunneven} Ejectment. Jury charged: John Cate, Henry Forrest, James Glenn,
Rich’d Morris, James Mason, Henry Mason, Sam’l Ector, Jno Latta, Baxter Boling,
Mark Barbie?, Dan’l Watson, Ezekiel Brewer. Find the Defendant Guilty of the
Trespass in Ejectment as state in the Plaintiff’s declaration & assess
plffs Damages to 6d & 6d Costs. [See Dunaway’s Ejectments, page 45.]
[OCPQS 6/350 - Nov 1802]
Augustus Benton vs George Johnston} Same jury. Assess the
plffs Damages to £25.6/3 & Costs.
John Taylor vs James M Burton} Same Jury. Find no payment
& assess the Plaintiffs Damages to £30.2/6 & Costs.
John O’Daniel vs John Moore & others} It is agreed by
John Moore one of the Defendants that the names of James Moore Jr & James
Moore Sr the other defendants in this case be struck out of the writ. And it is
Consented by the plaintiff that the Sheriff have leave to amend his return on
this writ by annexing the words “on John Moore only.”
[OCPQS 6/351 - Nov 1802]
James Mason vs Charles Cotton} Original Attachment. William
Griffin who summoned as Garnishee is continued over till next Court.
James H Bowman vs Charles Cotton} Atta. This Attachment
being levied in the hands of John Woods (Waggoner) and being duly served
admitted he was indebted to the Defendant Charles Cotton by five five
two notes or Bonds for eight dollars equal to nine pounds cash subject to a
credit of one pound s??? by another note payable about the 25th
day of December next, one given by himself & Alex’r Woods on the 29th
March 1802 payable nine months after date, also two other Bonds given by Alexr
Woods to Def’t one on the 1st day of March 1802 for £7.10 pay’t 1st
day of Nov ensuing subject to a Credit of 20/ on the third of April 1802, the
other on the 2d March 1802 for £7.10 pay’t on the first day of Nov ensuing, all
of which Bonds to the said John Woods is bound to pay, also my note for Bond
for thirty Dollars equal to fifteen pounds payable about the first day of
December next and that he hath in his hands and possession a Negro man the
property of Def’ant
[OCPQS 6/352 - Nov 1802]
[cont’d] by the name of Stephen, which he [is] willing to
deliver to the Sheriff on the first day of December next.
[OCPQS 6/353 - Nov 1802]
Wednesday Morning 24th Nov 1802, Court met
according to adjournment. Present: James Carson, Jno Thompson, Sam’l Benton}
esqrs.
7. The State vs Tho McCullock} Jury Sworn: Wm Crabtree,
Stephen Ward, Jacob Garrison, Christopher Horneday, David Coble, William Hall,
Wm Clark, James Clark, James Crutchfield, Henry Fossett, Tho Woods, Simpson
Tate. Find the Defendant Guilty in Manner & form as charged in the bill of
Indictment.
[OCPQS 6/354 - Nov 1802]
James Jackson, Thomas Cate & Hugh Finley are fined 10/
each for their nonattendance as Talismen at the Call of the Sheriff.
The State vs Chapman Johnston} Jury Sworn: William Findley,
Eli Hill, John Neeley, Henry Thompson Jr, Alexander Boreland, James Latta,
Sam’l Thompson, George Carrington, Richard Freeman, Robert Carson, Chesley P
Patterson. Juror withdrawn by consent of the Def’t & Atto for the State.
[OCPQS 6/355 - Nov 1802]
Wm Vestal vs Joseph Wheeler} William Vestal produced here in
Court a paper Writing purported to be the last Will & Testament of John
Wheeler late of this County deceased wherein he is named as Executor &
prayed that the same might be proved. Thereupon came Joseph Wheeler the
youngest Son of the said John, an Infant under the age of twenty one years by
Nathan Horneday his next friend and entered a Caveat to the probate of the said
will. It is therefore ordered by the Court that a Jury be impannelled to try
the issue Whether the said paper writing is the last Will of the said John
Wheeler or not? [See OCPQS 6/360.]
[OCPQS 6/356 - Nov 1802]
The State vs Andrew McCullock} Same Jury as in No 7 charged.
Find the Defendant Guilty in Manner & form as charged in the bill of
Indictment.
The State vs Andrew & Tho McCullock} Same Jury charged.
Find the Defendants Guilty in Manner & form as charged in the bill of
Indictment.
[OCPQS 6/357 - Nov 1802]
On motion, Abner Benton Bruce, Alexander Gray and John Clark
Esquires, or two of them, are appointed to settle the Accounts of Elizabeth
Dick Administratrix of John Dick dec’d and also her Accounts as Guardian of
Mary Dick an Infant orphan of the said John Dick dec’d, and make report to next
Court. [See also administration OCPQS 4/499, accounting OCPQS 6/406,
guardianship OCPQS 4/613 & OCPQS 4/588, removal from guardianship OCPQS
6/334.]
On Motion of Jno A Williams Atto &c, It is Ordered that
Hugh Mulhollan Jr the reputed father of a child begotten on the body of Lucy
Tudor pay unto the said Lucy Tudor the Sum of Twenty Seven pounds Ten
Shillings in annual pay’ts vizt £2 immediately, £5 on the 9th
Sep’r 1803 & so on until the whole is discharged in annual payments if the
child so long lives. [See Bastardy Bonds, images 949 & 964. See also OCPQS 7/571, which identified this son as Samuel
Mulhollan.]
[OCPQS 6/358 - Nov 1802]
Thursday Morning 25th Nov’r 1802, Court met
according to Adjournment. Present: James Carson, John Thompson, Wm McCauly,
Sam’l Benton}
Ordered that Nathan Hargess now of the age of 14 years Son
of Wm Harges Dec’d be bound to John Breeze until he arrive to lawful age to
learn the art & mistery of a farmer. [See Apprentice Bonds, image 445, also
OCPQS 6/384.]
Ordered that Amey Harges now of the age of 13 years be bound
to John Breeze until she arrive to lawful age to learn the Art & Mistery of
a Spinster. [See Apprentice Bonds, image 397.]
Ordered that Hester Hargiss Orphan of Wm Hargis now of the
age of 11 years be bound to Robert Smith until she arrive to lawful age to
learn the art & Mistery of a Spinster. [See Apprentice Bonds, image 440.]
[OCPQS 6/359 - Nov 1802]
Administration of the Estate of Charles Milliken Dec’d is
grant to John Milliken who enters into bond with James Kirk & Thomas Whi??
His Securities in the Sum of £100?
John Rountree is appointed Guardian to William Hannah Orphan
of David Hannah Dec’d & enters into bond with Charles Rountree & Thomas
Rountree his Sec’s in the Sum of £150. [See also administration OCPQS 4/339.]
Charles Rountree is appointed Guardian to Elizabeth Hannah
Orphan of David Hannah Dec’d who enters into bond with John Rountree &
Thomas Rountree his Sec’s in the Sum of £150.
[OCPQS 6/360 - Nov 1802]
Administration of the Estate of John Tate Dec’d is granted
to Simpson Tate & Zacheus Tate who enter into bond with Isaac Bracken &
John Dunnaven their Securities in the Sum of £1000. [See also personal property
to be sold OCPQS 6/363.]
Nancy Moreland Widow & Relict of Francis Moreland Dec’d
comes into Court and enters her dissent from the Will of the said Francis
Moreland her late husband. [See OWB D/75.]
Wm Vestal vs Joseph Wheeler} Jury charged: Wm Hall, James
Kirk, Tho Rountree, Wm Hobson, Tho Woods, David White, James Moore, David Nutt,
Wm Pickett, Jno McCauley, John Moore, John Breeze. Find the paper writing
purporting to be the last Will & Testament of John Wheeler Dec’d not to be
the last Will & Testament of the said John Wheeler. [See OCPQS 6/355.]
Ordered that James a Natural Son of Winifred
Sutton formerly Winnifred Warren of the age of four years about the ?? January
next be bound to Josiah Warren to learn the Art & mistery of a Cooper until
he arrives to lawful age. [See Apprentice Bonds, image 405. Thomas Sutton
married Winifred Warren 30 Jan 1798 -see OMB S-V/632.]
Administration on the Estate of John Wheeler
dec’d is granted to Elizabeth Wheeler & Nathan Horneday who enter into bond
with Thomas Whithed & Christopher Horneday their Securities in the Sum of
£1000. [Because the will was challenged at OCPQS 6/355 & invalidated at
OCPQS 6/360, personal
property to be sold OCPQS 6/362.]
On Motion, Ordered
that Isaac Holt esq Justice & David H Patterson, Isaac Patterson and
Christopher Horneday be appointed Commissioners to lay of & allot to
Elizabeth Wheeler Widow & relict of the said John Wheeler Dec’d one years
provision out of the Estate of her deceased Husband.
[OCPQS 6/362 - Nov 1802]
It being suggested to the Court that to p???? an equal
distribution of the Estate of Thomas Ross decd it is necessary that the property
of Negroes of the said Estate be sold, It is therefore ordered that the
said Negroes be exposed to Sale by the Administrators according to Act of
Assembly. [See also administration OCPQS 5/327 & OCPQS 6/255, guardianship
OCPQS 6/224, inventory OCPQS 6/629, litigation OCPQS 6/581.]
On Motion, Ordered that Elizabeth Wheeler & David H
Nathan Horneday Administrators of the Estate of John Wheeler Dec’d have leave
to sell all the personal Estate of the said John Dec’d except such part as
shall be appropriated for the Support of the widow & Family one year &
make return to next Court. [See also administration & widow's share OCPQS
6/361.]
Ordered that Brooks Howell an orphan of Benjamin Howell
Dec’d now of the age of Sixteen years be bound to Andrew Brooks until he
arrives to lawful age to learn the art & mistery of a Carpenter. [See
Apprentice Bonds, image 399.]
[OCPQS 6/363 - Nov 1802]
Ordered that Salley the natural daughter of Rachel Jones now
of the age of 5 years on the 27th February next be bound to Samuel
Bon Until she arrives to lawful age to learn the Art & mistery of a
Spinster. [See Apprentice Bonds, image 420.]
On Motion, Ordered that the Administrators of the Estate of
the Estate of John Tate Deceased have leave to sell all the personal Estate
of the said John Tate Dec’d. [See also administration OCPQS 6/360.]
Ordered that Ruth Hargiss daughter of William Hargiss Dec’d
now of the age of 15 years be bound to Samuel Woods until she arrive to lawful
age to learn the art & mistery of a Spinster. [Bond not found.]
William Robinson Son
of Nathaniel Robinson of lawful age comes into Court & chooses Thomas
Robinson his Guardian who enters into bond with John Durham & John Thompson
his Sec’s in the sum of £100. [See also administration OCPQS 5/629, partition
of real estate OCPQS 6/256.]
Merritt Robinson Son
of Nathan’l Robinson Dec’d of lawful age comes into Court & chooses Thomas
Durham his Guardian who enters into bond with John Durham & John Thompson
his Sec’s in the Sum of £1000.
Administration of
the Estate of Joseph Trice Dec’d is granted to Nelly Trice who enters into bond
with James Comb & David Ray his Securities in the Sum of £1000. [See also
personal property to be sold OCPQS 6/365.]
On Motion, Ordered
that Sterling Harris esq, Catlet Campbell, James Phillips & Caleb Harvey be
& they are hereby appointed to lay off & allot to Nelly Trice Widow of
Joseph Trice Dec’d for herself & family for one year.
[OCPQS 6/365 - Nov 1802]
Ordered that Nelly Trice Administratrix of the Estate of
Joseph Trice have leave to sell the personal Estate of the said Joseph Dec’d that
may be unnecessary to be kept by her for her use & the use of the children.
[See also administration & widow's share OCPQS 6/364.]
On Motion, Ordered that Thomas Woods pay unto Nancy Nichols
the Sum of Twenty Seven pounds in annual payts vizt £7 immediately, £5 on the 7th
August next, £5 on the 7th Aug’t following & so on in annual
payts until the whole be paid for the Maintenance of a child of which she hath
been delivered and of which Thomas Woods stands charged as the reputed father
and it is further ordered that the said Thomas be allowed all payments that he
can shew to have been made her. [See Bastardy Bonds, images 938 & 962.]
[OCPQS 6/366 is blank.]
[OCPQS 6/367 is blank.]
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