Nov Term 1809
[OCPQS 7/575 – Nov 1809]
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 1809. Present: John Umstead, Samuel
Benton, James Webb} esqrs.
The Sheriff returns the Venire facias, vizt: [blank]
[OCPQS 7/576 – Nov 1809]
Grand Jury impannelled & Sworn: Andrew McCauley, James Lapslie,
Thomas Braxton, William Hall, Robert Morrow, James Ray, James Kirk, Joseph
Hamilton, John McDaniel, Joseph Farlow, William Shaw, Joseph Allison, Thomas
Lindly, John Nelson, Richard Thompson.
Reuben Smith Sworn to attend the Grand Jury as Constable.
Remaining Jurors who have appeared & qualified: Joseph
Steel, Exum Elliott, Samuel Nelson, William Morrow, Robert Thompson, John
Brown, Athy Lindsy, Charles Christmas, James Tate, Allen Edwards, David
Gilston.
Jurors who having failed to appear &c: Abram Craig,
James Thompson.
[OCPQS 7/577 – Nov 1809]
Ordered that Leonard Laws and George Laws ?? two of the
patrollers in Capt Harris’s now Dukes Company in St Mary’s district return to
Rich’d Bennehan and Duncan Cameron six Guns which they took from the Slaves of
the said Richard & Duncan.
Ordered that leave be given, and it is hereby given to the
following Slaves the property of Rich’d Bennehan to carry Guns, Donom[?] at the
Brick House, Frank Kennon at the Store, and Humphrey at Little River
plantations, and to David the slave of Duncan Cameron at Eno plantation
agreeable to law in such cases whereupon they gave Bond and Security as
directed by law.
Harts & Wright vs Wm P Mangum} Jury charged: Joseph
Steel, Exum Elliott, Samuel Nelson, William Morrow, Robert Thompson, John
Brown, Athy Lindsey, Charles Christmas, James Tate, Allen Edwards, David
Gilston, John Thompson – plaintiff called & non Suit.
John Cain vs Wm Warren} Same Jury charged. Plff called &
non Suit.
[OCPQS 7/578 – Nov 1809]
Wm F Thompson vs Isaac Lint Admr &c} Same Jury charged.
Find that the Defendants Intestate did assume & within three years, that
the Defendant has not fully administered, there are has assets
sufficient to Satisfy the plaintiff’s demand & Costs, not liable to any
Bills, Bonds or Notes & assess this Plffs Damages to £12.16.7 & Costs
including Costs of Warrant. Fredrick Taylor & Owen Lindly Securities for
the Stay of Execution according to Act of Assembly.
James McClure vs Joseph Harder} Jury charged: John Madden,
Peter Wrightsman, Samuel Kirkpatrick, Hugh Mulhollan, John Lankston, James
Murdock, Joseph Shankly? John Gant, Jacob Garrison, John Shaw, Edward
Walton, Fredrick Taylor. Find the Conditions performed.
[OCPQS 7/579 – Nov 1809]
Ordered that Samuel Holmes Keep in his possession a Boy
named Charles Rhodes until Wednesday next when is to be produced to this Court
and that Notice issue to James Rainey to whom the said Charles was formerly
bound [OCPQS 6/193] that he appear before this Court on Wednesday next to Shew
Cause why the said Charles shall not be bound to the said Samuel Holmes. [See
also OCPQS 8/95.]
Administration with the Will annexed of the estate of David
Dunn Dec’d is granted to Drury Dunn who enters into Bond with David Gilston
& Thomas McCulloch his Securities in the Sum of £500. [See OWB D/256.]
The Execution of a power of Attorney from William Galbraith
& others to Matthew Cunningham was duly proved in open Court by the Oath of
James Webb a Subscribing Witness thereto & Ordered to be certified. [Certified
in order to be recorded in another county.]
[OCPQS 7/580 – Nov 1809]
Tuesday 28th Nov’r 1809, Court met according to
adjournment. Present: Samuel Benton, James Webb, Henry Thompson} esqrs.
Edward Robson &c vs Morgan Hart} Jury charged: Joseph
Steel, Exum Elliott, Samuel Nelson, William Morrow, Robert Thompson, John
Brown, Charles Christmas, James Tate, Allen Edwards, David Gilston, Abram
Craig, Samuel Child. Find for the Defendant.
[OCPQS 7/581 – Nov 1809]
George Carrington vs Joseph Marcum} Same Jury charged, assess
the Plffs Damages to £1.12.6 & Costs. Prin 58.14. [totaling] 60.6.6.
Thomas Squires vs Wm Smith} Same Jury charged: John
Lankston, Wm P Mangum, David Rainey, Morgan Hart, Isaac McCaddams, Thomas
McCulloch, Robert Faucett, James Smith, William McCaddams, Samuel Woods, Fin
Hart, Samuel Thompson. The Defendant not Guilty.
[OCPQS 7/582 – Nov 1809]
James Hughs Admr vs Madden & Mason} Jury charged: John
Lankston, William P Mangum, David Rainey, Morgan Hart, Isaac McCaddams, Thomas
McCullock, Robert Faucett, James Smith, William McCaddams, Samuel Woods [Samuel
Woody?], Fin Hart, Sam’l Thompson. Plaintiff called & non Suit.
David Delk &c? vs John Tilley Sr & Jr?} Same Jury.
Find the Bond declared on to be the Act & Deed of Defendants, no payment or
set off & assess the Plffs Damages to £5.15 & Costs. Prin 50.
[totaling] £55.15.
[OCPQS 7/583 – Nov 1809]
Wm Kirkland vs Joseph Dixon} Same Jury charged. Find that on
8th March 1801 there was payment of £1.0.2, that on the 23rd
May 1801 there was a pay’t of £5.17.6, that the Ballance is unpaid & assess
the Plffs Damages in Principal and Interest to £61.15.7 ¼.
Cain & Ray ass’ees vs Joseph Dixon} Same Jury charged.
Find no payment of set off & assess the Plffs Damages to £20.9.9 &
Costs. Prin 35.10. [totaling] 55.19.9.
James Child & Co vs Jonathan Forrest} Same Jury charged.
Find no pay’t or set off & assess the plffs Damages to £1.2.4 & Costs.
Prin 37.5.1.
[OCPQS 7/584 – Nov 1809]
James Child & Co vs Charles Christmas} Same Jury
charged. Find no pay’t or set off & assess the Plff Damages to £2.8.11
& Cos[ts]. Prin 32.13.5. James Kirk & Hugh Mulhollan Sec’s for the Stay
of Execution according to Act of Assembly.
The Same vs The Same} Same Jury charged. Find no pay’t or
set off & assess the Plffs Damages to £1.11.2 & Costs. Prin 55.1.4 ½.
James Kirk & Hugh Mulhollan Sec’s for the Stay of Execution according to
Law.
James Child & Co vs George Campbell} Same Jury charged.
Assess the plffs Damages to £31.13 & Costs.
[OCPQS 7/585 – Nov 1809]
John Daniel’s Admr vs Burton Clark} Same Jury charged. Find
that after allowing the Credits endorsed on the Bond that Ballance due in prin
& Int is £57.1.4 ½ N C Currency & Costs. Mann Patterson & James
Davis enter themselves as Security for the Stay of Execution according to Law.
Wm Norwood &c vs Thomas Ray} Jury charged: Joseph Steel,
Exum Elliott, Samuel Nelson, William Morrow, Robert Thompson, John Brown,
Charles Christmas, James Tate, Allen Edwards, David Gilston, Abram Craig,
Samuel Child. Find no pay’t or set off & assess the Plffs Damages to
£1.9.3. Prin 33.
[OCPQS 7/586 – Nov 1809]
Jacob Bason & Wife vs Hugh McCaddam’s Exrs} Same Jury
charged. Find that the Defendants detain the Mare & Colts mentioned in the
Plffs declaration, that she the mare if of the Value of £50, that they
detain the oldest Colts in of the [value] of £16 & the youngest
Colt is of the Value of £9.4 & assess the plffs Dams to 6d & 6d Costs,
the plffs acknowledge satisfaction for the mare.
Sarah Blake &c vs Arch’d Reeves} Jury charged: John
Lankston, William P Mangum, George Clancy Thomas Clancy, Morgan Hart,
Isaac McCaddams, Herbert F?????th, James Smith, William McCaddams,
Samuel Woods, Fin Hart, Sampson Moore, William Palmer. Find the Defendant
[guilty?] & assess the Plffs Damages to 6d & Costs. [See OCPQS 7/540. This
was a child support action – see Bastardy Bonds, images 260, 1216 & 1218.]
[OCPQS 7/587 – Nov 1809]
Joseph Woods comes into Court & records his Ear Mark viz
a Smooth crop on the left Ear & an underkeel in the right Ear.
Francis Jones vs John Morgan} Jury charged: Joseph Steel,
Exum Elliott, Samuel Nelson, William Morrow, Robert Thompson, John Brown,
Charles Christmas, James Tate, Allen Edwards, David Gilston, Abram Craig, Sam’l
Child – find that on the 18th Octo 1808 there was a pay’t of £34.17,
and that balance of principal and Interest is £176.12 which they assess with 6d
costs. Jarratt Yeargain & John Taylor Jr enter themselves as Sec’y for the
Stay of Execution according to Law.
John Galbraiths Admr vs Whitsell & Jackson} Jury
charged: John Lankston, Wm P Mangum, Thomas Clancy, Morgan Hart, Isaac
McCaddams, Robert Faucett, James Smith, Wm McCaddams, Sam’l Woody [Woods?], Fin
Hart, Sampson Moore, William Palmer. Find no pay’t or set off & assess the
Plffs Damages in Prin & Int to £33.14 ½ & Costs.
[OCPQS 7/588 – Nov 1809]
Seth Hatcher & Co vs John Lankston} Jury charged: Wm P
Mangum, Thomas Clancy, Morgan Hart, Isaac McCaddams, Robert Faucett, James
Smith, Wm McCaddams, Samuel Woody?, Fin Hart, Sampson Moore, William Palmer,
Owen Lindly. Find the Value of the Dollars mentioned in the Bond to be £91,
that after allowing Sundry Credits endorsed upon the Bond, assess the Plffs
Damages to £86.5 & Costs. Charles Christmas & Hugh Mulhollan Sec’s for
the Stay of Ex according to Law.
Wm Norwood vs Robert Murdock} Same Jury charged. Assess the
Plffs Damages to £58.19 & Costs.
[OCPQS 7/589 – Nov 1809]
Nancy C Blake vs Archibald Reeves} Jury charged: Joseph
Steel, Exum Elliott, Samuel Nelson, William Morrow, Robert Thompson, John
Brown, Charles Christmas, James Tate, Allen Edwards, David Gilston, Abram
Craig, Sam’l Child. Find the Def’t Guilty & assess the Plffs Damages to 25
& Costs, appeal prayed, Henry Thompson Jr & Daniel Turrentine
Securities for the appeal.
Wm Lockhart ass’ee vs Wm H Goodloe & others} Jury charged:
Wm P Mangum, James Smith, John Lankston, David Rainey, Fin Hart, Isaac
McCaddams, Samuel Woods, Owen Lindly, Wm Carrington Jr, Thomas Compton, Henry
Neal, William McCaddams. Find no pay’t or set off & assess the Plffs
Damages to £4.0.4 & Costs. Prin 67.
[OCPQS 7/590 – Nov 1809]
George Carrington vs Samuel Cole} Jury charged: Wm P Mangum,
James Smith, John Lankston, David Rainey, Fin Hart, Isaac McCaddams, Sam’l
Woods, Owen Lindly, William Carrington George Clancy, Thomas Crompton,
Henry Neal, William McCaddams. Juror withdrawn.
The Execution of a Deed from David Ray Shff &c to Thomas
Compton was duly proved in open Court by the Oath of Robert Mebane a
Subscribing Witness thereto & ordered to be registered. [See ODB 13/282.]
The Execution of a Deed from John Lynn to James Linn was
duly proved in open Court by the Oath of Michael Holt a Subscribing Witness
& Ordered to be registered. [See ODB 13/272.]
[OCPQS 7/591 – Nov 1809]
Wednesday 29th Nov’r 1809, Court met according to
adjournment. Present: Thomas Whithed, James Moore, Joseph Clendening} esqrs.
The State vs Arch’d Reeves} Ind’t. Jury Sworn: Joseph Steel,
Exum Elliott, Samuel Nelson, Robert Thompson, John Brown, Charles Christmas,
James Tate, Allen Edwards, David Gilston, Abram Craig, Israel Holt, William
Hobson – find the defendant Guilty in manner and form as charged in the Bill of
Indictment.
The Execution of a Deed from George Carey to Fredrick Mize
was duly proved in open Court by the Oath of James Latta a Subscribing Witness
thereto and Ordered to be registered. [See ODB 13/276.]
The Execution of a Deed from James Linn to John Eulis was
duly proved in open Court by the Oath of Michael Holt a Subscribing Witness
thereto And Ordered to be registered. [See ODB 13/270.]
[OCPQS 7/592 – Nov 1809]
Ordered that Jesse Peek pay to Catharine Johnston twenty
Seven pounds as follows, Ten pounds immediately & five pounds annually
until the whole is paid for the Support & maintenance of a child of which
she has lately been delivered & of which he stands Charged according to Law
as the reputed father. [In left margin:] issued? E???? for the £10 payable instanter
Iss’d the 19th January 1810 P S B. [Bastardy Bonds, images 1243
& 1245.]
The State vs Abner Tapp} Ind’t P L. Jury Sworn: Joseph
Steel, Exum Elliott, Samuel Nelson, Robert Thompson, John Brown, James Tate,
Allen Edwards, David Gilston, Abram Craig, Israel Holt, William Morrow, William
Hobson. Find the Defendant not Guilty. Ordered that Court adjudges that
Stephen R????, Hugh Mulhollan, Morgan Hart, John Umstead, Joseph Stubbins &
Mary Thompson Witnesses in behalf of the State are material & that they be
paid as follows, vizt [blank].
[OCPQS 7/593 – Nov 1809]
Elisha Cate appearing in open Court drunk & behaving in
a disorderly manner, It is ordered that he be Committed to Jail until 12
o’Clock Tomorrow and that the Sheriff carry this Order into execution.
The Execution of a Deed from John Johnston to Henry Anthony
was duly proved in open Court by the Oath of Michael Holt a Subscribing Witness
thereto And Ordered to be registered. [See ODB 13/274.]
The Execution of a Deed from Moses Hutchins to Thomas
Hutchins was duly proved in open Court by the Oath of Chesley P Patterson a
Subscribing Witness thereto & Ordered to be registered. [See ODB 13/289.]
The Execution of a Deed from Isaac Jackson to Robert Glenn
was duly proved in open Court by the Oath of Robert Mebane a Subscribing
Witness thereto & Ordered to be registered. [See ODB 13/284.]
The Execution of a Deed from Jacob Clapp to John Clapp was
duly proved in open Court by the Oath of Michael Holt a Subscribing Witness
thereto & Ordered to be registered. [See ODB 13/273.]
The Execution of a Deed from Henry O’Daniel to Samuel
O’Daniel & others was duly proved ackn’d in open Court by the Oath
of Subscriber Henry O’Daniel & ordered to be registered. [See ODB
13/288.]
[OCPQS 7/594 – Nov 1809]
Thursday 30th November 1809, Court met according
to adjournment. Present: James Webb, Joseph Clendening, Thomas Whithed} esqrs.
Ordered that James Moore pay to Mary Moore Twenty Seven
pounds ten Shillings as follows, Seventeen Pounds ten Shillings immediately
& five pounds annually until the whole is paid for the Support &
Maintenance of a Child of which she hath been delivered and of which he stands
charged as the reputed father according to Law. [Bastardy Bonds, images 1092
& 1107.]
Ordered that Robert Millican pay to Salley Tally Twenty
Seven pounds, vizt Seven pounds immediately & five pounds annually until
the whole be paid for the Support of a child of which she hath lately been
delivered & of which he stands charged as the reputed father. rec’d of John
Taylor Jr Seven Pounds the first pay’t of Robert Millican /Sarah Talley/
[Bastardy Bonds, images 1278, 1286.]
[OCPQS 7/595 – Nov 1809]
Henry Nollner vs Carrington & Carrington} Jury charged:
Joseph Steel, Exum Elliott, Samuel Nelson, Robert Thompson, John Brown, James
Tate, Allen Edwards, David Gilston, Abram Craig, William Morrow, Charles
Christmas, Hugh Mulhollan. Find the Covenants not performed & assess the
Plffs Damages to £63.12.6 & Costs. [in left margin:] £25 pd ?? this 21st
March 1810?
Ordered that Jeany Dixon child [of] Margret Dixon now
Margret Campbell of the age of six years 15th May last be bound to
John Campbell to learn the art & mistery of a Spinster. [Bond not found.]
Ordered that James Pender be placed in the Custody of
William McDaniel.
The Execution of a Deed from John Eulis to James Linn was
duly proved in open Court by the Oath of Michael Holt a Subscribing Witness
thereto & ordered to be registered. [See ODB 13/271.]
[OCPQS 7/596 – Nov 1809]
Stephen Ray a Witness in the Case the State agt Abner Tapp
who having been confined in the Jail of Orange County for some time past,
having been brought to the Bar he took the benefit of the Insolvent debtors
Oath.
Administration on the Estate of James Clendening Dec’d is
granted to James Turner & Thomas Bradshaw who enter into Bond with Thomas
Whithead & Fisher Clendening Sec’s in the Sum of £500.
Administration on the Estate of Littlebery House Dec’d is
granted to John Stroud who enters into Bond with Bryant Stroud & Henry
Lloyd & James Kirk his Sec’s in the Sum of £3000.
Ordered that Rhodah Hatwood & Alfred Hatwood Children of
Jean Hatwood the Girl 5 years 19th May last, the Boy 3 years 18th
Inst be bound to John O’Daniel until they arrive to lawful age. [Bond not
found.]
[OCPQS 7/597 – Nov 1809]
State of North Carolina, We acknowledge ourselves indebted
to Samuel Benton, Abner B Bruce & Sterling Harris esqrs Justices &c in
the Sum of One hundred pounds But to be void on Condition that William Weaver
who stands charged according to Law as the reputed father of a child of which
Fanny Flinthim single woman hath lately been delivered shall well & truly
save harmless the Overseers of the poor & Inhabitants of Orange County of
& from all such Costs & Charges as may accrue by reason of the Birth,
maintenance of & bringing up of said Child & stand to & abode by
such Order as the Court may make in the premises else to remain in full force
& virtue, Witness our hands & seals 8th day of December
1809. /William [his mark] Weaver/ {seal} /Reuben [his mark] Owens/ {seal}
Witness: /J Taylor/ [Bastardy Bonds, image 1284.]
[OCPQS 7/598 is blank apart from the following which appears
inverted:]
Wm F Thompson vs Isaac Lint admr &c} Judgment £12.16.7.
R Bell Atto 1.0.0.
[OCPQS 7/599 – Nov 1809]
Friday Morning 1st Dec’r 1809, Present: Henry
Thompson, Samuel Benton, Abner B Bruce} esqrs.
The Execution of a Deed from John Strayhorn to Gilbert
Strayhorn was duly proved in open Court by the Oath of Samuel Strayhorn a
witness thereto & ordered to be registered. [See ODB 13/279.]
The Execution of a Deed from John Strayhorn to Gilbert
Strayhorn was duly proved in open Court by the Oath of Samuel Strayhorn a
Subscribing Witness thereto & ordered to be registered. [See ODB 13/279.]
The Execution of a Deed from Michael Holt to John Huffman
was duly proved ack’d in open Court by the Subscriber thereto &
ordered to be registered. [See ODB 13/273.]
The Execution of a Deed from David Ray Shff &c to
Sampson Moore was duly acknowledged in open Court and Ordered to be registered.
[See ODB 13/278.]
The Execution of a Deed from Thomas McCracken to Joseph
McCracken was duly acknowledged in open Court And Ordered to be registered.
[See ODB 13/284.]
[OCPQS 7/600 – Nov 1809]
Saturday, Court met according to adjournment. Present: James
Webb, Henry Thompson, Robert Tinnen} esqrs.
On Motion of Abner Tapp by his Atto Wm Norwood esqr for the
rescinding of the forfeited recognizance of said Abner Tapp, It is Ordered that
the said forfeiture be rescinded & Struck out and that a discharge be
entered instead thereof.
The State vs Abner Bailiff & Tho Hastings} forfeited
recog.
[OCPQS 7/601 – Nov 1809]
Ordered that Levily Woods child of Priscilla Wood now of the
age of 4 years 3rd May last be bound to Margret Riggs until she
arrive to lawful age. [See Apprentice Bonds, image 532. Evidently the daughter
Mark Harris - see OCPQS 7/181.]
Ordered that Wilson Riley son of Rebecca Watson now of the
age of 8 years 6th April last be bound to Andrew Watson until he
arrive to lawful age. [Bond not found, but see Bastardy Bonds, images 1255
& 1258 which identify William Riley as the father of Rebecca Watson’s
child.]
Ordered that Green Richards son of Poley Stile? of the age
17 years next month be bound to John Breeze until he arrive to lawful age to
learn the art & mistery of a farmer. [Bond not found.]
Ordered that Mark Williams Son of Rebecca Williams about 12
years of age be bound to Chesley P Patterson until he arrive until [sic] lawful
age. [Bond not found. Becky Williams identified John Davis as the father of her
child at Bastardy Bonds, image 507.]
The Execution of a Deed from James Linn to John Eulis was
duly proved in open Court by the Oath of Michael Holt a Subscribing Witness
thereto & ordered to be registered. [See ODB 13/270.]
The Execution of a Deed from Martin Palmer to James Palmer
was duly proved in open Court by the Oath of Thomas Clancy & Robert Mebane
Witnesses thereto & Ordered to be registered. [See ODB 13/292.]
[OCPQS 7/602 – Nov 1809]
The Execution of a Deed from Henry Bunch to Cutberth Burton
was duly proved in open Court by the Oath of Joseph Proctor a Subscribing
Witness thereto and ordered to be registered. [See ODB 13/290.]
The Execution of a Deed from Isaac Bracken to John Bracken
was duly proved in open Court by the Oath of Robert Mitchell a Subscribing
Witness thereto and ordered to be registered. [See ODB 13/293.]
The Execution of a Deed from Henry Bracken to the Heirs of
Zacharias Lucas was duly proved in open Court by the Oath of Wm Bracken a
Subscribing Witness thereto & ordered to be registered. [See ODB 13/294.]
The Execution of a Deed from Tho McCracken to Stephen
McCracken was duly ackn’d in open Court by the Subscriber thereto & Ordered
to be registered. [See ODB 13/285.]
The Execution of a Deed of ?? Trust from Thomas
Scarlet to Sampson Moore was duly proved in open Court by the affirmation of
John Moore & ordered to be registered. [See ODB 13/286.]
The Execution of a Deed from Hugh Currie to John Cabe was
duly proved in open Court by the Oath of Thomas Redding a Subscribing witness
thereto & ordered to be registered. [See ODB 13/277.]
[OCPQS 7/603 – Nov 1809]
The Execution of a Deed from James Smith to William Smith
[sic] to William Bradshaw was duly acknowledged in open Court by the Subscriber
thereto & ordered to be registered. [See ODB 13/275.]
The Execution of a Deed from John Deblin & Maggey?
Carrigan to James Clendening was duly proved in open Court by the oath of James
Turner a Subscribing Witness thereto & ordered to be registered. [See ODB
13/275.]
The Execution of a Deed from Charles Shanks to Charles
Jorden was duly proved in open Court by the oath of Andrew McCauly a
Subscribing Witness thereto & ordered to be registered. [See ODB 13/292.]
The Execution of a Deed from Bill of Sale from James
Morris to Ezekiel Brewer was duly [proved] in open Court by the Oath of William
Andrews a Subscribing Witness & Ordered to be registered. [See ODB 13/272.]
The Execution of a Deed of Trust from Samuel Benton to Duncan
Cameron was duly ackn’d in open Court by the said Samuel Benton & Ordered
to be registered. [Not Found in ODB or OWB.]
[End of Minute Book 7.]
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