Nov Term 1808

 

[OCPQS 7/458 – Nov 1808]

State of North Carolina, At a County Court of Pleas and quarter Sessions begun and held for the County of Orange at the Court house in Hillsborough on the 4th Monday of November 1808. Present: Samuel Benton, James Webb, Zach Herndon, Sterling Harris} Esqrs.

The Sheriff returns the Venire Facias Executed as follows (to wit): Christopher Dannel, Jeremiah Roberts, James Robinson, Thomas Boyle, Edward Picket, Samuel Kirkpatrick, John Anderson, Zacheus Boroughs, James Murdock, Enoch McPherson, Daniel Umstead, John Ray Colo, John Webb, John Jamison, Isham Brewer, Elisha Umstead, David Strayhorn, Moses Lynch, John Morris, John Crutchfield, Aquilla Herndon, James Murray, Dan’l Albright Sen’r, Benjamin Yeargan, Joseph Moore Esq, John Street, Stewart Dixon, John Clapp (Hatter), Sterling Harris, Charles King.

[OCPQS 7/459 – Nov 1808]

Grand Jury Impannelled & Sworn (to wit): John Ray (foreman), James Murray, Edward Pickett, James Murdock, Steward Dixon, Zacheus Burroughs, Christopher Daniel, James Robertson, John Anderson, Sterling Harris, Charles King, John Street, Sam’l Kirkpatrick, Moses Lynch, John Webb.

Wm Andrews sworn to attend the Grand Jury during this Term.

Remaining Jurors of the original Pannel who appeared & qualified (to wit): Isham Brewer, Benj Yeargin, Elisha Umstead, Thomas Boyle, Aquilla Herndon, John Jamison.

[OCPQS 7/460 – Nov 1808]

George Carrington vs Mordecai Southerland} [Jury:] Isham Brewer, Benj Yeargin, Elisha Umstead, Thomas Boyle, Aquilla Herndon, John Jamison, James Mason, James Faucett, Sam’l Whiteside, Wm Whiteside, Benj Peelor, Riley Vickers. Jury Sworn. Find the Defendant did assume & assess the plaintiffs [damages] to £17.3 & Costs.

No 4. The Same vs The Same} Same Jury as above in No 3. Find the Defendant did assume & assess the plaintiffs damages to £27.13.7 ¼ & Costs.

No 8 Wm Elliott vs James Mason} George Faucett & Robert Murdock a Witness for the Defendant being called & failing to appear, their defaults are ordered to be recorded.

[OCPQS 7/461 – Nov 1808]

14. William Ballard vs John Hyde} [Jury:] Howell Whitmore, George Campbell, James Campbell, James McClure, Sam’l Cloud, George Johnston, James Davis, James Dollar, Wm Carrington, Abraham Whitted, Wm Griffis, Elisha ??????, John McCauley, Daniel Albright. William Ballard vs John Hyde} Find the Defendant Guilty of words spoken & assess the Plaintiff damages to £10 & Costs. Plaintiff appeals & gives Leonard Carlton & Ezekial Trice his Securities.

John Reeves vs David Bradford} Same Jury as in No 3 sworn. Find the Defendant not guilty.

[OCPQS 7/462 – Nov 1808]

Wm McDaniel who was bail for the appearance of John Elmore this day came into Court & surrendered him in discharge of himself. The said John Elmore is now delivered to the Sherriff.

[OCPQS 7/463 – Nov 1808]

Tuesday 29th Nov, Court met according to adjournment. Present: Michael Holt, James Webb, Sam’l Benton} Esqrs.

16. John Elmore vs James Murdock} Gen’l issue & Statute Lim. [Jury:] Isham Brewer, Benja Yeargan, Elisha Umstead, Thomas Bowls, Daniel Albright, Jacob Boons, Wm Smith, James McClure, Riley Vickers, Robert Dixon, Alex Patton, John Strowd. Jury sworn. Find the defendant did assume & within three years & assess the plaintiff damages to £11.5 & Costs.

John Jamison & Aquilla Herndon two of the Original Pannel are fined for their non attendance.

James Hogg is directed to be brought into Court by the Sherriff.

[OCPQS 7/464 – Nov 1808]

20. Abner W Long vs John Craig} [Jury:] John Jamison, Aquilla Herndon, Hugh Mulhollan, Sam’l Whitsett, Isaac Holden, Wm Whitsett, Wm Crabtree, Levy Whitted, James Faucett, Thos Rountree, Fredrick Taylor, Wm Love. Jury sworn. Find the Defendant Guilty & assess the plaintiffs damages to £37.10 & Costs.

Den on Demise of Jas Latta vs Riley Vickers} Wm Norwood moves that Reuben Burroughs is appointed to survey the Land in dispute & make return to next Court.

[OCPQS 7/465 – Nov 1808]

24. Nath’l Carrington vs Joseph Britain} [Jury:] Isham Brewer, Benj Yeargin, Elisha Umstead, Thomas Bowles, Dan’l Albright, Jacob Book, Wm Smith, James McClure, Riley Vickers, Sam’l Cloud, Alex Patton, John Stroud. Jury sworn. Find the Defendant did assume within 3 years & that there is no pay’t or set off & assess the plaintiffs damages to £12.7 & Costs.

Patsey Crowder vs Joseph Britain} Same Jury as in No 20. Find the Defendant did assume & within three years & assess the plaintiffs damages to £27.10 & Costs. [A Child Support action. See Bastardy Bonds, images 1128, 1133 & 1280.]

[OCPQS 7/466 – Nov 1808]

27. Henry Thompson vs Jonathan Forrest} Same Jury as in No 24. Find the Defendant did assume, there is no set off & assess the plffs damages to £9.3 & Costs.

32. Bruce & McKerrall vs John McKerrall} [Jury:] John Jamison, Aquilla Herndon, Hugh Mulhollan, Sam’l Whitsett, Isaac Holden, Wm Whitsett, Wm Crabtree, Levy Whitted, James Faucett, Thomas Rountree, Fredrick Taylor, Peter Riley. Find the Defendant did assume & within 3 years & assess the plaintiffs Damages to £122 & Costs.

[OCPQS 7/467 – Nov 1808]

Jacob Riley vs James Mason} Same Jury in No 24. Find the Defendant Guilty & assess the plaintiffs damages to £2.10 & Costs.

Wm Mangum vs Wm Robertson} Same Jury as in No 24. Find the Defendant Guilty & within 3 years & assess the plffs damages to £96.6.7 & Costs.

The due Execution of the Last Will & Testament of William A Freshwater deceased was duly proved in open Court by the Oath of Hardy Hurdle one of the subscribing witnesses thereto & ordered to be recorded. And at the same time Salley Freshwater the widow & Executrix therein named qualified according to Law. [See OWB D/301.]

[OCPQS 7/468 – Nov 1808]

Wednesday 30th Nov 1808, Court met according to adjournment. Present: Thomas Whitted, James Webb & Page Patterson} esqrs.

36. Sarah Thompson vs John & Henry Mason} [Jury:] Isham Brewer, Benjamin Yeargan, Elisha Umstead, Thomas Boyle, Aquilla Herndon, John Jamseon, Daniel Albright, William Horton, Nathaniel King, James Patterson, James Mason, Benjamin Bullock. Jury charged, find that there is no payment nor set off and assess the Plaintiffs damages to £31.7/ & Costs.

37. Howel Lewis vs James H Lewis. Same Jury as in No 30, find the value of the dollars to be £123.1.9, that there is no payment or sett off and assess the Plaintiffs damages to £126.15.7 & Costs three pounds thirteen shillings & ten pence & Costs. [totaling] 126.15.7.

[OCPQS 7/469 – Nov 1808]

Joseph Woods vs Asa Turner. Same Jury as in No 36 find the damages to be 1 penny & Costs.

John Street vs Wm F Strudwick. Same Jury as in No 39. Find that there is no payment or sett off and assess the plaintiffs damages to £3.10/ & Costs.

James Williams vs Mathew Patten. Same Jury as in No 40 find that there [is] no payment or sett of[f], that the dollars mentioned in the Bond are of the Value of £50 & assess the Plaintiffs damages to £2.15/ & Costs.

[OCPQS 7/470 – Nov 1808]

Wednesday 30 Nov 1808, Court met according to Adjournment.

No 42. William Holt vs Arthur Lovins} Debt, pay’t, set off. The same Jury as in No 36, find no pay’t or set off and assess Plffs damages to £1.6/ & Costs, prin £43.11.6,

No 46. Den on demise of George Hearndon vs Fen & Thos Edwards} Ejectment, Com & Rule & not Guilty. The Same Jury as in No 36, find the def’t guilty of the Trespass in Ejectment and assess Plffs damages to 6d & Costs.

No 47. Rich’d Thompson’s Adm’r vs Yeargain & Craig} Debt, pay’t, set off. Same Jury as in No 36, find no pay’t or Set off and assess the plffs damages to £3.3/5 & Costs. Prin 48/17.10. [totaling] £52.1.3.

No 56. Henry Thompson vs Parham Kirk} Appeal, def’t & Enq’y. Same jury as in No 36, assess the Plffs damages to £5.10/ & Costs.

Mem’o? to issue a Sci fa in Bail of R Hanks and [blank] Shearer.

[OCPQS 7/471 – Nov 1808]

The State vs James Davis} Ind’t assault & Battery, Plea not guilty. The same Jury as in No 36 being duly sworn, find the defendant not Guilty &c.

The State vs Thomas Redding} [Jury:] Joseph Guinn, George Carrington, Wm Carrington, Richard Davis, John Moore, James Davis, James Roney, Rich’d Thompson, Wm H Goodloe, James O’Daniel, George Foust, Joseph Dixon. Jury Sworn. Find the Defendant not Guilty. The Court are of the opinion the prosecutor pay the Cost of this suit.

[OCPQS 7/472 – Nov 1808]

The State vs Bennett Partin} Same Jury as in No 36 sworn. Find the Defendant Guilty in manner & form as charged in the Bill of Indictment. Fined 6d & Costs, ordered that he be committed to jail for the space of ten days, then to be let out upon Costs & fine being paid, else to continue.

The State vs John Cummins} [Jury:] Joseph Guinn, George Carrington, Wm Carrington, Rich’d Davis, John Moore, James Davis, James Roney, Rich’d Thompson, Wm H Goodloe, James O’Daniel, George Foust, Wm Brewer. Jury sworn. Juror withdrawn at the request of the Defendant.

[OCPQS 7/473 – Nov 1808]

The State vs Joseph Pickett} [Jury:] Fisher Clendening, James Herndon, James Mason, Wm Carrington, Richard Davis, John Moore, James Davis, Rich’d Thompson, Wm H Goodloe, James O’Daniel, George Foust, Wm Brewer. Jury Sworn. Find the Defendant not guilty.

Ordered that Thomas Hunt pay unto Celia Hunt twenty Seven pounds ten shillings for the maintainance of a child begotten of her Body [to be paid] in the usual way. [See Bastardy Bonds, images 1205 & 1268.]

[OCPQS 7/474 – Nov 1808]

Wm Paris is appointed administrator of the Estate of John Paris & enters into Security by giving Fisher Clendening & John Woody [securities] in the Sum of £250.

John Roach is granted administration of the Estate of James Roach & enters into Bond by giving Wm Paris and Reuben Smith [securities] in the sum of £100.

Administration on the Estate of Mary Davis is granted to Fisher Clendening & enters into Bond by giving Wm Paris & Reuben Smith [securities] in the Sum of £50.

[OCPQS 7/475 – Nov 1808]

Thursday, the Court met according to Adjournment. Present: James Webb, Jonathan Lindley, Thos H Taylor} Esquires.

The last Will and Testament of Peter Foust dec’d was duly proven by the affirmations of Thos Lindley and Jacob Marshall subscribing witnesses thereto and was ordered to be recorded. Whereupon Mary Foust and John Foust named therein as Excx & Ex’or came into Court & were qualified. [See OWB D/239.]

On Motion of the Heirs of Francis Child dec’d it is ordered that the Pet’o heretofore filed by them for a division of his Estate be reinstated with leave to amend the same.

Order’d that George Campbell pay unto Fanny Bradford the sum of twenty seven pounds ten shillings in the usual way, viz £7.10 down & £5 annually. [See Bastardy Bonds, images 1189, 1219, 1221, 1328 & 1329.]

Ordered that John Casey be allowed 5 pr ct on the Estate of Robert Williams Dec’d for administering the Same.

[OCPQS 7/476 – Nov 1808]

Ordered that Joseph Baker Guardian &c be allowed 5 pr ct on the monies of Holly Ray which have come into his Hands.

Nicholas Holts Exrs vs John Fogleman} Ordered that an Execution issue agt the plaintiffs for George Fousts tickett in that case at the expence of the Witness. [in left margin:] F iss’d.

Ezekial Trice is appointed Guardian to the Heirs of Peter House & enters into Bond with W Trice & Mann Patterson in the Sum of £2000 in place of Leonard Carlton.

Ordered that Sam’l Bartlett the reputed Father of Harriett Allen begotten upon the body of Lovy Allen pay to Lovy Allen Seven Pounds ten shillings down & five pounds for four years after. [Bastardy Bonds, images 1191 & 1193.]

[OCPQS 7/477 – Nov 1808]

John Garratt records his Ear mark, to wit, 2 Swallow forks in each Ear & 2 under Keels in each Ear.

Ordered that John Cabe & James Latta Esqs be appointed to settle the administration of Thomas Holden Dec’d with John Holden & Eliz Holden the present administrators & report to next Court.

Andrew McBroom is appointed Guardian to Elizabeth Moore who enters into Bond with

Elizabeth Moore orphan of John Moore Dec’d comes into Court and chooses Andrew McBroom Esqr her Guardian who enters into Security with Sam’l Turrentine & Asahel Moore in the Sum of £500.

[OCPQS 7/478 – Nov 1808]

Friday 2 December 1808, Court met according to adjournment. Present: Thomas Whitted, James Webb, Abner B Bruce} Esqrs.

On motion of the Heirs of William Lockhart St deceased, Ordered that a Subpoena issue to Compel James Edwards of the County of Granville to attend the next Court of Pleas and Quarter Sessions to be held for this County, to prove a Bond purported to have been Executed by Thomas Person in his lifetime, to the said William Lockhart, and thereby obliging himself to convey to the said William Lockhart a certain part of Lott No 35 situate in the Town of Hillsborough.

On Motion, Ordered that Catlet Campbell Esquire, Gavin Alves, John Faddis, Henry Thompson Jr be and they are appointed Commissioner to view the Estate of William Lockhart Sr deceased and to allot and point out such part of the Crop, Stock and provisions as they may conceive necessary and adequate to the Support of Sarah Lockhart the widow of the Intestate, and her family for the Space of one year, from the first day of May last, and under their hands & seals make return to the next Court of the said Allotment.

On the Petition of Samuel Lockhart & others for the divisions of the Lands of William Lockhart Deceased. It appearing to the Court that Thomas and David Lockhart two of the Petitioners, are Infants under the age of twenty one years, It is ordered that Thomas Clancy be and he is hereby appointed Guardian of the said Infants pending this Petition and the proceedings thereon specially appointed to Guard the rights and Interest of the said Infants Involved in the said Petition.

[OCPQS 7/479 – Nov 1808]

The Execution of a Deed from William Bond to Mary Doherty was duly proved in open Court by the oath of Anderson Whitted one of the subscribing witnesses thereto & ordered to be registered. [See ODB 13/192.]

The Execution of a Deed from Mary Doherty to James Breese [James Bruce?] was duly was duly proved in open Court by the Oath of Thomas Clancy a subscribing witness thereto & Ordered to be registered. [See ODB 13/192.]

On the Petition of Samuel Lockhart & others for the Division of the real Estate of William Lockhart Deceased, Ordered on Motion of the Petitioners, that Henry Thompson Jr, William Kirkland, Samuel Child, Abner B Bruce & Henry Shutt be and they are appointed Commissioners to divide & allot the real Estate of the said William Lockhart Deceased, among the Petitioners share and share alike and make return under their hands & seals to the next Court of their proceedings therein, And it is further Ordered that James Latta Esq attend the said Commissioners to assist them in makeing the said Division and return.

Sarah Lockhart vs Samuel Lockhart & others} Petition for Dower. It appearing to the Court that Thomas & David Lockhart two of the Defendants, are Infants under the age of twenty one years, it is ordered that James Philips be and he is hereby appointed Guardian for the said Thomas & David Lockhart, pending this suit for the special purpose of Guarding their Interest in the same.

[OCPQS 7/480 – Nov 1808]

Sarah Lockhart vs Samuel Lockhart & others} Petition for Dower. The Defendants admit the service of Notice & Capias of the Petition, and shew no reason why Judgment shall not pass for the Petitioner, It is Ordered, Adjudged and decreed that Sarah the Petitioner recover her Dower in and of the real estate of the said William Lockhart Sr deceased, consisting of One third part thereof to be held during her life, and that a writ be issued to the Sheriff of Orange County, Commanding him to Summons twelve free holders connected with the parties, neither by consanguinity or affinity and entirely disinterested, to allot and set off to the said Sarah, her dower in and of the said real Estate, and that the Sheriff put her into possession thereof.

James Phillips is appointed Guardian to Thomas Lockhart and entered into Bond accordingly with William Whitted & Henry Thompson Jr his Securities in the Sum of £500.

On Motion of Reuben Wood Esq and Presentment of the Grand Jury, Ordered that the Sheriff bring in at the next County Court the following Orphans & Bastard Children to the end that they be bound out, to some proper trade or be otherwise disposed of as the Court in their discretion may direct (to wit) Three Boys the Children & Orphans of Joseph Pender deceased, two base begotten Children of Creecy Pendar [Bastardy Bonds, images 932, 1065 & 1066], Gilbert Hopkins a base born Child of Milley Hopkins [not found in OBB], Elzey Wood a base born Child of Viny Wood And the base begotten children of Ruth Delily & Hannah Wa[bbleton?].

[OCPQS 7/481 – Nov 1808]

On motion, it is ordered by the Court that Henry Berry the Reputed father of Robert Alves Pinkerton a base born Child begotten upon the body of Elisabeth Pinkerton pay to Anne Jordan the Sum of fifteen pounds for the maintainance of said base begotten child, from the time of its birth, until the period when the Sheriff took said Child into his Custody in pursuance of an Order of this Court entered into at last Term. Ordered also that Samuel Turrentine Sheriff of Orange County be allowed the Sum of five pounds for the maintainance of the same bastard child for the space of three months to be paid by the said Henry Berry. [See Bastardy Bonds, images 1158, 1201, 1227 & 1233.]

Robert Alves Pinkerton is bound to Capt Robert Morrow until he arrives of Lawful age to learn the trade, art & mistery of a Blacksmith. It Is thereupon ordered by the Court that Henry Berry the reputed father of the said Robert A Pinkerton pay to the [said] Robert Morrow the Sum of Seven pounds ten shillings at November Term 1809 for the maintainance of the said Bastard Child. [See Apprentice Bonds, image 493.]

[OCPQS 7/482 – Nov 1808]

The Execution of a Deed from William Holt Sr to Wm Holt Jr was duly proved in open Court by the oath of Joshua Holt a subscribing witness thereto & ordered to be registered. [See ODB 13/196.]

The Execution of a Deed from Henry Brackin to Isaac Brackin Jr was duly proved in open Court by the oath of William Brackin a subscribing witness thereto & ordered to be registered. [See ODB 13/209.]

The Execution of a Deed from John Dannel to Solomon P Morgan was duly proved in open Court by the oath of John Morgan a subscribing witness thereto & ordered to be registered. [See ODB 13/207.]

The Execution of a Deed from Abner Cate & Elisabeth his Mother to James Latta was duly proved in open Court by the oath of James Latta (of John) a subscribing witness thereto & ordered to be registered. [See ODB 13/201.]

The Execution of a Deed from Patsey Chisenhall to John Latta was duly proved in open Court by the oath of Burwell Chisenhall a subscribing witness thereto & ordered to be registered. [See ODB 13/201.]

The Execution of a Deed from Martha Deblin Executors to Zachariah Horn? was duly proved in open Court by the oath of John Woody a subscribing witness thereto & ordered to be registered. [See ODB 13/212.]

The Execution of a Marriage agreement between Robert Stewart & Julia Walker [Jealce Walker?] was duly proven in open Court by the oath of Aron Walker a subscribing witness thereto & ordered to be registered. [See ODB 13/200.]

The Execution of a Deed from John Comb to Sterling Harris was duly proved in open Court by the oath of John Young a subscribing witness thereto & ordered to be registered. [See ODB 13/199.]

The Execution of a Bill of Sale from John Morgan to Solomon P Morgan was duly acknowledged ed in open Court by John Morgan the subscriber thereto & ordered to be registered. [See ODB 13/209.]

The Execution of a Deed from Charles Stout to Solomon Stout was duly proved in open Court by the affirmation of Ephraim Doan a subscribing witness thereto & ordered to be registered. [See ODB 13/199.]

[OCPQS 7/483 – Nov 1808]

The Execution of a Deed from Aron Simpson to John Simmons was duly proved in open Court by the Oath of James Simmons a subscribing witness thereto & Ordered to be registered. [See ODB 13/210.]

The Execution of a Deed from David Cozort to George Copley was duly proved in open Court by the oath of John Neeves a subscribing witness thereto & Ordered to be registered. [See ODB 13/208.]

The Execution of a Deed Bond from John Dannel to Burton Clark for the Conveyance of 431 acres of Land was duly proved in open Court by the oath of William Pritchard a subscribing witness thereto & Ordered to be registered. [See ODB 13/211.]

The Execution of a Deed from Sarah Rigsby [Josiah Rigsby?] to Bryant Kittrell was duly proved in open Court by the oath of William Pritchard a Subscribing witness thereto & Ordered to be registered. [See ODB 13/205.]

The Execution of a Deed from Peter House to John Cabe was duly acknowledged in open Court by the Subscriber thereto and ordered to be registered. [See ODB 13/212.]

The Execution of a Deed from Barnard Cate Jr to John Workman was duly proved in open Court by the Oath of Barnard Cate Sr a Subscribing Witness & ordered to be registered. [See ODB 13/210.]

The Execution of a Deed from Christian Sharer to Jacob Isley was duly proved in open Court by the Oath of Shadrack Allen a Subscribing Witness & ordered to be registered. [See ODB 13/198.]

The Execution of a Power of Attorney from Samuel Major to George Brasfield was duly proved in open Court by the oath of Major Brasfield a Subscribing Witness & Ordered to be registered. [See ODB 13/206.]

The Execution of a Bill of Sale from Leonard Carlton to John Cabe was duly acknowledged in open Court by the Subscriber thereto & ordered to be registered. [See ODB 13/207.]

[OCPQS 7/484 – Nov 1808]

The Execution of a Bill of Sale from Rachel Jones to Elizabeth Jones was duly proved in open Court by the Oath of Moses Jones a Subscribing Witness thereto and Ordered to be registered. [See ODB 13/214.]

The Execution of a Deed from James Riggs to Andrew McBroom was duly proved in open Court by the Oath of Asahel Moore a Subscribing Witness thereto and Ordered to be registered. [See OWB D/236.]

The Execution of a Deed from Isaac Rainey to Benjamin Ryche [Rike] was duly proved in open Court by the Oath of Michael Holt a Subscribing Witness thereto and Ordered to be registered. [See ODB 13/195.]

The Execution of a Deed from Jacob Shaddy to Michael Holt was duly proved in open Court by the Oath of Joshua Holt a Subscribing Witness thereto and Ordered to be registered. [See ODB 13/195.]

The Execution of a Deed from Catharine Kimbro Widow of Powell Kimbrough Dec’d & his Children to Michael Holt was duly proved in open Court by the Oath of Joshua Holt a Subscribing Witness thereto and Ordered to be registered. [See ODB 13/197.]

The Execution of a Bill of Sale from Ezekiel Trotman to Michael Shoftner was duly proved in open Court by the Oath of Michael Holt a Subscribing Witness thereto and Ordered to be registered. [See ODB 13/198.]

The Execution of a Power of Attorney from Sarah Patillo to Williamson Patillo was duly proved in open Court by the Oath of Major Brasfield a Subscribing Witness thereto and Ordered to be registered. [See ODB 13/211.]

[OCPQS 7/485 – Nov 1808]

The Execution of a Deed from Peter Brinkly & Robert Brinkly to Mason Tapley was duly proved in open Court by the Oath of Ephraim Cook a Subscribing Witness thereto and Ordered to be registered. [See ODB 13/208.]

The Execution of a Deed from Bryant Kittrell to Moses Atwater was duly proved in open Court by the Oath of John Wilson a Subscribing Witness thereto and Ordered to be registered. [See ODB 13/205.]

[OCPQS 7/486 is blank.]

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