Currituck Co., NC Court Records

Currituck County Court Records

Currituck County Court of Pleas and Quarter Sessions Minutes
May Term 1810

N.C. State Archives Reel #C.030.30002

[p. 55]

Monday 28th May Court met accordg. to Court in course.

Present Edwd. Bunnell, Thomas Farrow, Andrew Duke, Dennis Dozier, Saml. [sic] Sen.} Esqrs.

Ordered that Pharaoh Farrow have the right of administration on the estate of Francis Farrow Senr. decd. who qualified & entered into bond with Reuben Burrus & John Burrus in the sum of Ł2500.

Ordererd that the Admr. of Francis Farrow Senr. decd. sell &c.

Ordered that Wm. Scarborough be appointed overseer of the road on Kennikeet district in room of Joseph Morgan.

Ordered that Wm. Wilson Esq. Joseph Ballentine Sen. Simon Wilson & Thos. Cox Sen. or any 3 of them reaudite & settle the acts. of Aaron Bright exr. of Josiah Cherry decd. &c.

Grand Jury sworn & impannelld. to wit: Mitchell Simmons Foreman 1, Jasper Pickett 2, Jas. Cowell 3, Jacob Perkins 4, John Lamb 5, John Williams Jur.[?] 6, Saml. W. Forbes 7, James Poyner 8, John Mackie 9, Gideon Marchant 10, John Church 11, Danl. Dunton 12, Levin Dunton 13, Francis Morse 14, James Harvey 15.

Ordered that Bannister Midyett be appointed guardian to Thos. Midyett orphan of Danl. Midyett, which said orphan being in a state of insanity, who entered into bond with Pharoah Farrow & Thomas Farrow Esq. in Ł500.

Ordered that the admr. of Francis Farrow decd. sell four negroes to wit Bess, Peter, Ben & Sam they being disorderly & likely to be of no use to the estate & in order for a division, first giving lawful notice.

Ordered that Pharaoh Farrow, Zekial Hooper, John Pain & Christ. Flower or any 3 of them audit & settle the accts of Bannister Midyett exr. of Danl. Midyett decd. with said decd. estate.

The Noncupative will &c. of Wm. Burrus decd. was exhibited & proved by the oath of John Burrus a subscribing witness. On motion of W. Slade ordered that Admr. with the sd. noncupative will &c. be committed to Reuben Burrus who qualified & entered into bond with Pharaoh Farrow & Thos. Farrow Esq. securities in Ł1000.

Ordered that Josias Nicholson be appointed overseer of the public road in Cowinjock district in the room of Mitchell Simmons.

Ordered that the admr. of Wm. Burrus decd. sell the perishable estate.

Ordered that Reuben Burrus, Joshua Ballance, John Burrus & Benj. Spring or any 3 of them audit & settle the acts. of Wm. Quidly decd. &c.

Ordered that Benj. Burgess a mulatto boy & child of Susanna Burgess about the age of 4 years be bound to Jesse Sawyer until he arrives to the age of 21 yrs. to Learn the farming business who gave bond with Thomas Chandler & Jasper Gibson securities in Ł500.

Ordered that Ivey a mulatto child of Clarky Gordon now about 7 yrs. old be bound to Jasper Gibson untill he is 21 yrs. old to learn the trade of a waterman, who gave bond with Thos. Chandler & Benj. Evans in Ł500.

[p. 56]

Ordered that Jesse orphan of Joshua Harrison decd. be bound to Benj. Evans untill he arrives at the age of 21 yrs., being now 15 yrs. old to learn the shaving trade[?].

Ordered that Jesse child of Clarky Gordon a mulatto boy aged 6[?] yrs. Augst. 17 1810 be bound to Thomas Chandler untill he is 21 yrs. old to learn the trade of a cordwainer, who gave bond with Benj. Evans & Jasper Gibson in Ł500.

Ordered that Benj. Spring renew his bond for the ensuing year as a Commissr. of Wrecks who gave bond with Pharaoh Farrow & Thos. Farrow in Ł2000.

Ordered that Silas Farrow be appointed constable for Cape Hatteras district who qualified & gave bond with Thos. Farrow Esq. & Benj. Spring in Ł500.

Ordered that Elizabeth Midyett be appointed guardn. to Anna, Peggy, Nichodemus & Ebenezer & Ira orphans of Danl. Midyett decd. who gave bond with Reuben Burrus & Jeremiah Meekins in Ł100 each.

Ordered that Felicia Midyett be appointed guardian to Absolom[?], Henry Nacmun[?], Eliza, John Morgan[?] Gamiel Midyett orphans of John Midyett who entered into bonds with Reuben Burrus & John Burrus in Ł50 each.

Ordered that Thomas Paine, Cornelius Pugh, Nathan ONeal and Bannister Midyett or any 3 of them audit the acts. of Mary Pain admx. of Richd. S. Pain decd. &c.

Ordered that the same men appraise & divide sd. estate &c.

Ordered that Thos. Farrow Esqr. renew his bond as commissr. of wrecks for the ensuing year who entered into bond with Willis Simmons and James Etheridge Junr. in Ł100.

The last Will & Testament of Charles Bradley was exhibited in open court & proved by the oath of Demcy Etheridge a subscribing witness & at the same time Mary Bradley exx. therein named qualified as such.

Ordered that Saml. Beasley have the right of adm. on the estate of Charlotte White decd. who qualified & entered into bonds with John White and Solomon Spoull[?] in Ł1000.

Ordered that the admr. of Charlotte White sell.

Ordered that Simeon Sawyer renew his constable bond for the year ensuing who gave Leml. W. Forbes & Jacob Perkins securities for Ł500.

Ordered that Gideon Bonney have leave to keep an ordinary at his own house who gave bond with John White & Samuel Beasley in the sum of Ł100.

Ordered that Elizabeth Midyett guardn to the orphans of Danl. Midyett sell the perishable stock of sd. orphans & make return.

Ordered that Penny Supple mulatto child of Ruth Supple 17 yrs. of age June 27th 1810 be bound to Jemima Austin untill she arrive to the age of 18 yrs. to earn a womans employment.

Ordered that John White be appointed guardian to Amey Lititia & Mahala Cator orphans of Robinson Cator who entered into bond with Samuel Beasley & Gideon Bonney in Ł200 each.

Court adjourned until tomorrow 10 oclock.

[p. 57]

Tuesday 29th May 1810 Court met

Present Jos: Ferebee, Thos. Farrow, Andw. Duke, John Hill Esqrs.

The Last will & testament of Benjamin Sikes decd. was exhibited in open Court & proved by the oath of Zebulon Camp a subscribing evidence & at the same time Amey Sikes the exr. therein named qualified as such.

Ordered that the est. of Benj: Sikes sell &c.

Ordered that John Evans orphan of John Evans decd. be bound to Jacob Sawyer untill he is 21 yrs. old, being now about 12, to learn a Farmer's trade.

Ordered that Thos. Poyner have the right of Admr. on the estate of James Wall decd. by giving Jesse Barnard & Andrew Duke securities in Ł1000 who qualified.

Ordered that the Admr. of James Wall sell &c.

Amzi W. Wilson to: The Court} Petition to cut timber for staves for orphan's use. On reading the petition it is ordered that the prayer of the petitioner be granted that Gideon Marchant William Wilson & Peter Ballentine be appointed commissioners to go & view the timber & make report to next Term, that Amzi W. Wilson Guardn. cut that which is in a state of decay, make staves of it & apply it to the proceeds to the use of the orphan Caleb T. Wilson.

Ordered that Thomas Sanderson, Danl. Lindsey, Jesse Barnard and Lemuel Taylor or any 3 of them divide the personal estate of Malachi Mercer decd. equally among his lawful representatives & make return.

On exhibition of the petition of Thomas Heath it is ordered that the sheriff advertise & sell all the negroes of the estate of Malachi Mercer decd. to wit Lodwick, Fenniah, Ned, Rachel & child & make return to next court.

Ordered that John Bowen renew his constables bonds who gave Matt. Bell & Doxie Jones securities in Ł500.

Joseph Ferrebee vs. Thos. Mercers admr.}Case
Jury Joshua West 1, Doxie Jones 2, Jona. Hains 3, Luke Hill 4, Caleb Glasgow 5, Jos: Gray 6, Josiah Etheridge 7, John Ballance 8, Peter Barnard 9, Dempsy Northern 10, Saml. Jarvis 11, Thos. Snowden 12 impannelld.

Ordered that Lydia Capps be allowed Ł7:10 for 2 years allowance against Willo: Douge.

Ordered that John Powers be appointed overseer of the public road in Moyock from the great Swamp to the Virginia Line in room of Jesse Etheridge.

Ordered that Josiah Taylor be appointed overseer of the road over the great Swamp in room of James Douglas.

Ordered that Edwd. Hardy, Thos. Poyner, Jessee Barnard and Thos. Sanderson or any 3 of them audit & settle the acts. of Danl. Lindsey Adm. of Elijah Adderson decd.

[p. 58]
Hamilton vs. Perry} case
Jury Joshua West 1, Luke Hill 2, Saml. Dauge 3, Tully Dauge 4, Josiah Etheridge 5, Caleb Glasgow 6, Doxie Jones 7, Demsy Northern 8, John Ballance 9, Ben Tatum 10, Saml. Phillips 11, Dory Dauge 12, impaneld. & sworn say

Ordered that Thomas Sanderson Esq., Saml. Salyear Senr., Jesse Barnard and Lemuel Taylor lay off unto Lydia Poyner widow of Saml. Poyner decd. her one years provision.

Ordered that Sally Garrett be allowed Ł4:10 for the maintenance of a bastard begotten on her by Charles Perkins.

Ordered that Davis Ballentine Jun. be appointed overseer of the public road on Moyock from Salt Bridge to Virginia line in the room of Dennis Bowren.

Ordered that Elizabeth Hamman be allowed Ł10 for 2 years maintenance of a bastard begotten on her by Frederic Northern.

Ordered that George Etheridge have leave to keep an ordinary at his own house who gave bond with Gideon Marchant & Dennis Dozier Sen. in the sum of Ł100.

Ordered that Moses Bunnell renew his constable bond for the ensuing year who gave Saml. Etheridge & Caleb Etheridge securities for Ł500.

Luke Hill & Joshua West two of the original venire discharged.

Ordered that Joshua Halstead renew his bond as Coroner for the ensuing year who gave James Etheridge Jun. & Solomon Ashbee securities in Ł2000.

Ordered that Andrew Duke, Dorastus Dauge, James Nicholson and William Cowell or any 3 of them audit & settle the acts. of Leven Dunton admr. of Henry Kenney decd. with will annexd., & make return.

Ordered that Leml. Taylor, Thos. Poyner, Thos. Sanderson Esqrs. & Thomas Adams or any 3 of them audit & settle the accounts of Saml. Salyear Senr. as admr. of John Taylor decd. & make return.

The Court proceeded to the Election of a shff. when Caleb Etheridge appeared as candidate & was unanimously elected & entered into bonds.

Present at said Election
1. Jesse Taylor
2. Saml. Salyear Sen.
3. Edwd. Bunnell
4. Andrew Duke
5. Bk. Bell
6. Jona. Lindsey
7. Thomas Poyner
8. Jesse Barnard
9. Isaac Baxter
10. Joseph Ferebee
11. John Hill
12. Thos. Farrow
13. Dennis Dozier Sen.
14. Evan Jones
15. Matthias Bell
16. Thomas Sanderson
17. Leml. Taylor

Court adjourned untill tomorrow.

[p. 59]

Wednesday 30th May 1810 Court met

Present Andrew Duke, Matthias Bell, Isaac Baxter} Esqrs.

Ordered that Thomazin Mercer have leave to keep an ordinary at her own dwelling who gave bond with Jacob Perkins & Saml. F.[?] Forbes in Ł100.

Ordered that Wm. Rodgers be appointed constable on the North Bank district for the ensuing year who entered into bond with Simeon Sawyer and Meshick Sawyer in Ł500 and qualified.

Ordered that Dennis Dozier Senr. be appointed overseer of the main road from Indian Town bridge to the live gum called (by his own consent) in the room of Willo. Dozier.

Ordered that Mary Marchant be appointed guardian to Kedar, Carolina & William Marchant orphans of Thomas Marchant decd. who entered into bond with Matthias Bell & Gideon Marchant securities in Ł2000 each.

State vs. Philip Douge Sen.}Indt.
Jury Doxie Jones 1, Jona. Hains 2, Caleb Glasgow 3, Josiah Etheridge 4, Jere. Perkins 5, Demcy Northern 6, Charles Griggs 7, Lem. Sanders 8, James Tolar 9, Malachi Jones 10, Saml. Jarvis 11, Thos. Simmons 12 impannelld. & sworn say the deft. is not guilty.

State vs. Thomas Craven} Indt. Traverse
Jury the same as in State vs. Douge impannelled and sworn say the deft. is not guilty.

Ordered that Anna Ballance be allowed the sum of Ł5 for 1 month & 15/ per month for the rest of the year to be paid by Isaac Glasgow for the maintenance of a bastard.

Ordered that James Tolar a Talisman Juror at this term be fined 20/ for contempt of Court issue exr.

Ordered that Saml. Thompson be appointed guardn. to Rhoda Briant orphan of John Briant decd.

The Last will & Testament of Mary Ashbee decd. was exhibited in open court & proved by the oaths of Thomas Adams & Nancy Snell subscribing witnesses & Solomon Ashbee also named qualified.

Ordered that Abner N. Vail be appointed by the Court as a guardian or next friend to Alse Perkins daughter of Sidney Perkins to prosecute a scire for her freedom.

Ordered that Mitchell Simmons renew his bond as surveyor who entered into bond with Dennis Dozier & Thos. Sanderson Esqrs. in Ł2000.

Wheras on application of Gideon Marchant for a lot of public ground to be laid off by Saml. Salyear & Jesse Barnard & Dennis Dozier Sen. thirty feet in front & 60 feet back for such purposes as he may think proper common[?] and any nuisance on said ground or any thing contrary to the direction of the law[?] on said Marchants paying for said lot the sum of $20 per year for the benefit of the County on his entering into bond with Saml. Ferebee & Thos. Bray &c. securities in Ł1000.

[p. 60]

Ordered that Anna Etheridge be allowed $10 for the fifth years maintenance of a bastard begotten on her by Danl. Dowdie in equal quarterly payments.

Ordered that Joshua Holstead Coroner be allowed Ł5:1s:10d for holding a jury inquest over Negro Nancey the property of Abiah Etheridge to be paid him out of the County Tax of 1809.

Ordered that Joshua Holstead Coroner be allowed Ł4:18s:8d for holding a jury inquest over James Walls decd. to be pd. out of County Tax for 1809.

Ordered that Nathan Walker be appointed overseer of the public road on Church's Island in room of Wm. Berry late overseer.

Ordered that Isaac Brown admr. of Polly [Garret? Garves?] advertise & sell according to law, the land on Tulls Creek belonging to sd. decd. on a credit of 6 months.

Ordered that Peter Barnard be appointed overseer of the public road from the Academy by Bk. Bells the North river way to Camden in the room of Wm. Anderson the late overseer.

Thursday 31st May 1810. Court met

Present Matth. Bell, And. Duke, Willis Simmons} Esqrs.

Halstead & Bright vs. Willm. Thompson's adm.} Jury Doxie Jones 1, Jon. Hains 2, Caleb Glasgow 3, Saml. Douge 4, Josiah Etheridge 5, Jeremiah Perkins 6, Dempsy Northern 7, Tully Douge 8, Thos. Sanderson 9, Thos. Heath 10, Willo. Taylor 11, Isaiah Parr 12 impannelld. & sworn say

Thomas Sanderson vs. Jasper Pickett} Appl. War.
Same Jury as in Halstead & Bright vs. Thompsons adm.
Judgment of the Court that the proceedings be dismissed from which judgment the plf. prayed an appeal, which was granted & ordered pr. Court that all the papers in this suit be filed in office, from which order the plfs. counsel entered his dissent. Pltfs. counsel filed reasons - gave bond with Thos. Bray & Solo. Ashbee securities in the sum of Ł500.

Ordered that John White have the right of admr. on the estate of John Simmons decd. on Knotts Island who gave bond with xxx.

Ordered that John White have the right of admr. on the estate of Caleb White decd. on Knotts Island who gave bond with xxx.

Manliff Robinsons admx. vs. Caleb Ward} John Williams & Saml. Etheridge plffs witnesses called - fined this court for non attendance - fine remitted by John Williams [unclear word] the Court.

[p. 61]

Ordered that Joseph Ballentine Senr. be appointed guardian to the orphans of Henry Williamson decd. to defend the petition of Frances Williamson in behalf of said orphans.

Ordered that execution issue against all debtors who had taken the benefit of the late suspension act after the use of this term.

Ordered that Samuel Jarvis a talisman Juror who was fined for contempt of the Court be released from sd. fine.

Ordered that Shadrac Bunch a boy of colour in the parish of this County be bound to Thomas Williams untill he arrives at the age of 21 years being supposed to be now about 6, to learn the trade of a waterman, who gave bond with Thomas Sanderson & Saml. Ferrebee in Ł500.

Ordered that Thomas Poyner, Jesse Barnard, Danl. Lindsey & Thos. Sanderson [inserted abbreviation: Col.?] or any 3 of them audit & settle the accts. of Thomas Sanderson as exr. of the last will of Joshua Simpson decd. with sd. estate.

Ordered that Saml. Thompson be appointed guardn. to Rhoda Bryant orphan of John Bryant decd. in room of Evan Jones Esq. late guardn. who entered into bond with Jeremiah Perkins & George Poyner securities in the sum of Ł500.

Ordered that the sheriff collect & account for two shillings on each poll & eight pence for every 100 acres of land for the County charges for year 1809 to be allowd. him in settlement with the County Treasurer.

Ordered that Th: Baxter Clk of the County Court be allowed the sum of Ł10: 9s for extra services for the year 1809 to be paid out of the County Tax for 1809.

Ordered that A. N. Vail solicitor be allowed Ł18:10s for extra services for year 1809 to be paid out of the County Tax for 1809.

Ordered that Caleb Etheridge Shff. be allowed Ł28 for extra services for the 1809 to be allowed him in settlement of the County Tax.

On hearing the petition of Mary Marchant Guardn. of the orphans of Thomas Marchant decd. it is ordered that John Hill, Matthias Bell & Dempsy Etheridge be appointed commissrs. to go on the lands & premises of sd. Thos. Marchant & view what oak timber trees are in a state of decay & liable to waste in order that sd. Mary may have them got up into staves & apply the same to the payment of debts against sd. decd. estate & she make due return of all the staves & lumber got off said land & of the sale of the whole.

On hearing the petition of Wm. Ball overseer of the public road on the ridge & part of laurell swamp district it is ordered that Thos Williams Esqrs hands, Wm. Fishers hands, & Saml. Simmons hands be added to Wm. Balls road company & that they work under him.

On hearing the petition of Solo. Ashbee exr. of the last will of Mary Ashbee decd. it is ordered that said exr. sell as much of the perishable estate as shall be sufficient to pay the debts of sd. decd. and make return to the next Court.

[p. 62]

Ordered that Thomas Baxter Clerk of this Court be appointed as special commissioner in trust to have the Clerks room up stairs of the Court House put in a fit situation for the safe keeping of the papers of his office and that he render his act. to the Court for the same when completed also get locks & keys for the doors of sd. Court house & rooms.

Ordered that Saml. Ferrebee Clerk of the Superior Court of Law be paid out of the County tax fifteen dollars & twenty five cents to reimburse him for that sum paid for his dockets of said office & that the County treasurer be allowed for the same.

Ordered that all former orders for auditing be continued.

Ordered that Peter Culpepper, Thos. Cox & Jos. Ballentine & Aaron Bright or any 3 of them audit & settle the acts. of Euphan McPherson admx. of Mary McPherson decd.

Andrew Duke JP
Joseph Ferebee JP
Saml. Williams JP
Evan Jones JP
B. Bell JP

Deeds &c exhibited &c. May Term 1810
1. deed from Caleb Etheridge Shf. to John Williams Sen. Ack.
2. deed from Caleb Etheridge Shf. to Brick. Bell Ack.
3. Wm. Williams to Hollo. Tatum Jurat T. Baxter
4. James Scott to Jos. Howard Ack.
5. John Lamb to Saml. Ferebee Ack.
6. Sally Stewart to Brick. Bell Jurat S. Ferebee
7. James Cowell to David Jones Ack.
8. John Capps to Pemela Capps Jurat Willis Simmons
9. Enoch Dozier & S. Ferrebee to Thos. C. Ferrebee Ack.
10. Abel Etheridge Sen. & ux to Solomon Bright Jurat Griffith & Simeon Etheridge
11. George McPherson to Powell & Plummer Jurat Richd. Duke
12. John Brabbell to Moses Capps Ack.
13. Jesse Taylor to Wm. Bonney Ack.
14. Lydia Beasley to John White Jurat Saml. Beasley
15. Wm. Cornwell & ux to James Sedlock Ack.
16. Thos. Heath to Enoch Dozier Ack.
17. John Williams Sen. to Charles Griggs Ack.
18. Leml. Taylor to Jarvis Allen Jurat Saml. Salyear Sen.
19. Leml. Taylor to Jarvis Allen Jurat Saml. Salyear Sen.
20. Elizabeth Williams to Leml. Taylor Jurat Saml. Salyear Sen.
21. Robt. White & ux to Thomas Poyner Ack.
22. Henry Sanderson to Saml. Salyear Sr. Jurat Saml. Salyear Jun.
23. James Simmons to Jona. Lindsey Ack.
24. David Lindsey to Jona. Lindsey Jurat Edmund Lindsey

[p. 63]

25. Thos. Gibson & ux to Danl. Lindsey Jurat Th. White Jun.
26. Noah Forbes to Caleb Forbes Jurat Robt. West
27. Willis Gallop to Stephen Beasley Jurat Simeon Sawyer
28. Saml. Ashbee to James Etheridge Jun. Ack.
29. James Etheridge Jun. & ux to Saml. Ashbee Ack.
30. Caleb Ballance to John Burrus Jurat Reuben Burrus
31. Benj. Spring & ux & al to Thos. Farrow Esq. Ack.
32. John Burrus to Danl. Midyett Ack.
33. Henry Burrus to Elias Butler[?] Jurat Ph: Farrow
34. Pharaoh Farrow to Henry Barnes Ack.
35. Caleb Ballance to Aibee[?] Stiron Ack.
36. Joseph Farrow to Absolom Scarboroug Ack.

Robert Fletcher to Jesse Perry a deed for 570 acres of land in the State of Tennessee was proved in open Court by James Hall.

Robert Fletcher to Caleb Miller deed for the same land was acknowledged in open court.

Bills of sale
1. From Isaiah Parr to Levin Dunton Jurat Dory Douge
2. John Cason to James Harvey Jurat Polly Harvey & Francis Morris
3. David Jones to Peter Whitehurst Ack.
4. Caleb Capps Jun. to Dennis Simmons Jurat Malachi Jones
5. Leml. Ballentine & ux to Wm. Wilson sen. Jurat Demcey Northern
6. Jasper Gibson to John Pritchard Jurat Richd. Jarvis
7. Quit Claim & Indorsement from John Pritchard to Levin Dunton Ack.
8. Bill of sale from Jasper Gibson to Leml. Gregory Jurat Simeon Sawyer

Releases
1. from James Linton to Saml. Ashbee Jurat Leonard Martin
2. from James Linton to Solo. Ashbee & T. Jarvis Jurat Richard Jarvis
3. from James Linton to James Etheridge Jun. Ack.

[end May Court 1810]

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