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Currituck County Court of Pleas and Quarter Sessions Minutes
August Term 1810
N.C. State Archives Reel #C.030.30002


[p. 64]

At a Court of Pleas & Quarter Sessions held for the County of Currituck at the Court house on the Last Monday in Augst. 1810 being the 27th day & continued by adjournments untill the 30th day.

Present: Willis Gallop, Jehu Hall, Abrahm. Baum Jun.} Esqrs.

The nuncupative will of Wm. Burrus exhibited at May Term last & proved by one of the witnesses John Burrus & at this term proved by Catherine Burus the other subscribing witness.

Ordered that Spencer Perkins an illegitimate child of Sidney Perkins be bound to Philip Ackland until he arrive to the age of 21 yrs., he being 6 yrs. old in June 1811 to learn the trade of a cordwainer.

Ordered that commission issue to Abraham Baum Jun. & Benj. Dough Esqrs. to take the private examination of Sabra Tillet wife of Avery Tillet Sen. concerning a deed made by them to Peter Baum.

Ordered that Sabra Etheridge have the right of admr. on the estate of Richd. Etheridge decd. who qualified as such & gave bond with Abraham Baum Jr. & Wm. Etheridge in 2000.

Ordered that the Admr. of Richd. Etheridge decd. sell the perishable estate of sd. decd.

Ordered Benj. Dough, Jos. Daniel, Enoch Forbes & Spencer Daniel or any 3 of them appraise & divide the estate of Richd. Etheridge decd. equally among his lawful representatives & make report.

Ordered that Polly Dough have the right of admr. on the estate of Aaron Dough decd. who qualified & gave bond with Abraham Baum Jr. & Stephen Gaylor in 300.

Ordered that the admr. of Aaron Dough sell the perishable estate.

Ordered that Benj. Dough, Jos. Daniel, Enoch Forbes & Spencer Daniel be appointed commissers. to set off to Sabra Etheridge widow of Richd. Etheridge decd. her years provision.

Ordered that Caleb Tolar have leave to keep an ordinary at his own house who gave bond with John Patridge & Wm. Etheridge in 100.

Ordered that Anna Evans orphan of John Evans be bound to Clement Hill & wife untill she arrive to 18 yrs. of age she being nearly 9, to learn a womans employment.

Ordered that Caleb Forbes be appointed guardian to Elizabeth & Mary orphans of James Forbes who gave bond with Jehu Hall & Willis Gallop in 300 each orphan.

Ordered that Saml. T. Harris orphan of John Harris decd. be bound to Nathan Shannon untill he arrive to the age of 21, being now about 10, to learn the trade of a blacksmith.

Ordered that Zenith Hill an illegitimate child of Mary Sikes be bound to Nathan Shannon & wife untill she is 18 yrs. old being now 7 or 8 to learn the art of a seamstress.

[p. 65]

Ordred that Jos. Farrow renew his bonds as commissr. of wrecks for the ensuing year who gave Thos. Farrow & Benj. Spring securities in 2000.

Tuesday Aug, 28th 1810 Court met

Present: Saml. Salyear, Jehu Hall, Abraham Baum Jr., Edwd. Bunnell} Esqrs.

Ordered that Levi W. Hall be appointed guardn. to Thos. Jarvis orpah of Th. Jarvis decd. who gave bond with Simeon Sawyer & Wm. Lunn in 500.

Ordered that Wm. Lunn renew his constable bonds who gave Anthony Frame & Levi W. Hall securities for 500.

Ordered that Simeon Sawyer, Jona. Lindsey, Wm. Lunn & Wm. Gray or any 3 of them audit & settle the accts. of Levi W. Hall present guardn. & Saml. Jarvis former guardian of Thomas Jarvis orphan of Thomas Jarvis Jun. decd.

Ordered that Thomas Mulder be appointed overseer of the road from Buckskin to Walmsys mill instead of James Scott.

Ordered that Wm. Etheridge N.B. have the right of admr. on the estate of Seth Etherige decd. who qualified & gave bond with Abm. Baum Jun. & Stephen Gaylor in the sum of 150.

Ordered that the admr. of Seth Etheridge sell the decd. estate.

Ordered that Sarah Tillett have the right of admr. on the estate of Avery Tillet Sen. who qualified & gave bond with Burkett Guard & Wm. Etheridge N.B. in 500.

Ordered that the admx. of Avery Tillet senr. decd. sell.

Ordered that Jehu Hall, John Macoy, Luke Gregory & Spence Chaplain or any three of them audit & settle the acts. of Sarah Parker admx. of Edwd. Parker decd.

Ordered Saml. W. Forbes be appointed overseer of the road from Indiantown road to the Academy leading on the great swamp to the line instead of Caleb Manning.

Ordered that Reuben Douge have the right of admr. on the estate of Wm. Scott decd. who qualified & gave bond with Anthony Frame & Saml. Beasley in 500.

Ordered that Joshua Bell be appointed overseer of the road leading to Bells Island instead of Wm. Tatum.

Ordered that James Douglass have leave to keep an ordinary at his own house who gave bond with Andrew Duke & Dory Douge in 100.

Ordered that Levi Poyner be appointed overseer of the Back Wood road in room of Isaiah Poyner.

Wednesday Aug. 29th 1810 Court met

Present: Jos. Ferrebee, Saml. Salyear, Thos. Farrow, Andw. Duke, Abraham Baum} Esqrs.

On agreement ordered that the right of admr. on the estate of Danl. Beecham be granted to John Hill & Joshua Johnson who qualified & entered into bond with Wm. Twiford & Elijah Sibborn in 500.

[p. 66]

State vs. Negro Abraham} Indt. Burglary} Prisoner put to the bar & arraigned pleads Not Guilty.
The following Jury being drawn, impannell'd & sworn to wit Thomas Pain 1, Jos. Simmons 2, Saml. Etheridge 3, Powers Poyner 4, John White 5, Thomas Simmons 6, John Heath 7, Francis Morse 8, Simon Matthias 9, Leml. Sanderson 10, Gideon Bonney 11, John Carson 12, say that the prisoner Abraham is guilty of the felony & burglary as charged in the bill of indictment against him.
On motion of Col. Hamilton that the benefit of Clergy be admitted the prisoner negro man Slave named Abraham the property of Jona Powell as stated, which motion was overruled, at which decree the prisoners counsel J. Hamilton prayed an appeal to the Superior Court next which the Court refused to grant.  Hung by the neck until dead on 07 September 1810 between 10 and 4 of the same day.

The Last will & Testament of Philip Lee decd. was exhibited in open court and proved by the oath of Philip McHorney a subscribing witness.

Ordered that Willis Gallop, Caleb Toler, Wm. Etheridge N.B. & Saml. Tillitt or any 3 of them divide the estate of Danl. Beacham decd. equally among his lawful representatives.

Ordered that Edwd. Bunnell, Andrew Bates, Saml. Thompson & Hollo. Etheridge or any 3 of them audit & settle the acts. of Benj. Brickhouse Sen. admr. of Caleb Bell.

Ordered that Saml. W. Forbes have the right of admr. on the estate of Caleb Bunnell Abner Robinson decd. who qualified as such & entered into bond with Saml. Ferrebee and Andrew Duke in 150.

Ordered that the admr. of Abner Robinson decd. sell &c.

Ordered that Philip Douge Sen. renew his bond as Entry Taker who gave James Douge Senr. & Wm. Wilson Sen securitues in the sum of 2000.

In the case Manloff Robinsons admr. vs. Caleb Ward, Saml. Etheridge the plfs witness being called yesterday & failed & fined by order of court, at request of plffs counsel the Court let the fine be remitted.

Ordered that Edward Bunnell Esq., Francis Morse, Zach Morse & Simon Matthias lay off to Lydia widow of Abner Robinson her years allowance.

Thursday 30th Augt. 1810

Present: Jos. Ferrebee, Saml. Salyear, Thomas Farrow, Andw. Duke, Isaac Baxter} Esquires

Ordered that commn. issue to Thos. Farrow Esq. to take the private examination of Amy Whidbee wife of Major Whidbee respecting a deed of conveyance made by them to Wm. Meekins & make return.

State vs. Negro slave Abraham} Indt. Burglary
The Negro slave Abraham being convicted on a former day of this term for the crime of felony & burglary being now put to the bar & it being demanded by the [...]

[p. 67]

[...] Court what he has to say why judgment of Death should not be pronounced against him--by his counsel John Hamilton prays the benefit of clergy which upon argument is denied him. It is therefore considered as the sentence by the Court that the sentence of the law is that the said negro slave Abraham shall be taken hence & carried to the place whence he came, & on Friday the seventh day of Sept. Next he shall be taken from thence & carried to the common place of execution & then said Abraham shall be hanged by the neck untill he is dead, dead, dead. -- The Sheriff of Currituck County shall see this sentence carried into execution on the seventh day of September next between the hours of ten oclock & four oclock of the same day.

The last will & Testament of Richard Sawyer decd. was exhibited in open Court & proved by the oath of Davis Fancher a subscribing evidence & Jereh. Sawyer exr. therein named qualified.

Ordered that the Exr. of Richd. Sawyer decd. sell.

Ordered that Simeon Sawyer guardian to orphans of Stephen Westcoat decd. sell the cattle & stock on Little Collinton or such part as is best &c.

Ordered that Saml. Ferrebee, Willo. Dozier, John Williams Col., & Th. Baxter or any 3 of them audit & settle the acts. of Joshua Halstead Admr. of John Daily.

The Last will & Testament of Philip Lee decd. was exhibited in open court and proved by the oath of Philip McHorney a subscribing evidence & at the same time Betsy Lee relict of sd. Lee decd. administered on the will annexed and gave bond with John Powers & Davis Fancher in the sum of 1000.

Ordered that David Jones C.M.E.C.C. be allowed 16:5s out of the County Tax for books purchased by him for the use of the C.M.E. office of Currituck.

Ordered that Thomas Sanderson Esq., Saml. Salyear Esq., Jesse Barnard Esq. & Daniel Lindsey or any 3 of them audit & settle the acts. of Thos. Poyner as Exr. of Malachi Mercer decd. with sd. estate & make return.

Mary Wilkins vs. Joshua Halstead} On motion of John Hamilton for the plff's son to be discharged from his indentures of apprenticeship to the deft. & hearing the petition on argument, dismissd. at plffs. cost.

Ordered that John Heath be appointed constable in Narrows district who qualified & gave bond with Andrew Duke & Jeremiah Mercer in 500.

Hamilton vs. Perry motion & rule for a new trial discharged by Court.

Ordered that Isaac Baxter be appointed guardn. to Esther Etheridge orphan of James Etheridge Sen. decd. who gave bond with Caleb Etheridge & Wm. Etheridge Sen. in 500.

Ordered that Thos. Baxter, Jereh. Land, Armistead Soals & James Nickolson or any 3 of them audit & settle the acts. of Isaac Baxter present guardn. to Esther Etheridge & James Etheridge Jun. late guardn.

Ordered that all former orders for auditing &c. be continued.

[p. 68]

Ordered that Bk. Bell, John Williams, Saml. W. Forbes, & Saml. Etheridge or any 3 of them audit & settle the acts. of Saml. Ferebee exr. of Sol. Alcock decd.

On reading & hearing the petition of Cornelius Austin admr. of Danl. Austin decd. stating that the assetts of his intestate are exhausted & still debt of sd. estate remaining unpaid, & shewing that there is land in his care of sd. decd. &c. Per: Cur: It is therefore ordered that Cornelius Austin admr. of Danl. Austin decd. sell on a credit of 6 mo. so much of the lands of his intestate as shall be sufficient to pay the remaining debts &c. first advertising the same agreeable to law & taking bond & security for the same.

Ordered that Reuben Burrus, Wallace Ballance, Benj. Spring & Joshua Ballance or any three of them audit & settle the acts. of Cornelius Austin as Admr. of Danl. Austin Decd. with sd. estate & make report to next court.

On motion of Wm. Slade Esq: Jos. Ballentine sen came into Court & consents to the prayer of the petition of Frances Williamson exx. of Henry Williamson decd. setting forth that there are debts owing by her testator unpaid & no assets in hand pray that the land may be sold to pay the same which stands of record as follows: "I consent that the prayer of the petition be granted under a belief that it would be beneficial to the heirs of the defendent.

On the petition of Francis Williamson exx. of Henry Williamson decd. ordered that sd. exx. advertise & sell for 6 months credit at public sale the lands & premises of her testator Henry or so much thereof as shall be sufficient to satisfy the said debts which her testator owed in his life time & make return.

Manliff Robinsons admx. vs. Caleb Ward} Trespass on the case} Gen. Issue -- set off -- Stat. Lim.
Jury Saml. Philips 1, Leml. Sanderson 2, Caleb Walker 3, Powers Poyner 4, Benj. Tatum 5, Max Taylor 6, Robt. Poyner 7, Jos: Simmons 8, James Whitehurst 9, John Heath 10, Joseph Gray 11, Thos. Simmons 12, being impannelled & sworn non tail[?] ordered by this court by consent of plff. by her counsel Jos. B. Skinner. Whereupon the plff. prayed an appeal by her counsel J. B. Skinner which was granted -- sd. counsel filing the following reasons to wit -- Manliff Robinsons admx. vs. Caleb Ward Augt. Term 1810. I certify the Verdict & Judgment in above case to be contrary to law & evidence which I conceive to be sufficient cause for an appeal on her giving security with John Williams & Saml. Salyear in the sum of 50. J. B. Skinner Atty.

Thomas Corvan vs. Anthony Simmons} Covenant Gen issue -- no award made -- accord & satisfaction Tender & refusal -- always ready -- Ref. & iss. --
Jury Benj. Tatum 1, James Whitehurst 2, Saml. Phillips 3, Ambrose Watson 4, Branson Bell 5, Saml. Dozier 6, Nathan Robins 7, John Powers 8, Simon Wilson 9, Saml. Beasley 10, Jos. Baxter Sen. 11, Benj. Spring 12 being impannelled & sworn find for the deft. on all the issues.

[p. 69]

Thomas Corvan vs. Anth. Simmons wife &c.} Case. Gen Issue -- justification _______[?] of the plffs brutal and unmanly conduct to his wife who is daughter of the defs.
Jury Leml. Sanderson, Max Taylor 2, Robt. Poyner 3, Saml. Phillips 4, Benj. Tatum 5, Caleb Walker 6, John Heath 7, James Whitehurst 8, Jos. Farrow 9, Davis Fancher 10, Joseph[?] Sawyer 11, Benj. Cooper 12 being impannelled & sworn say the deft did not assume all the other pleas in behalf of the deft.

Nathan Tatum vs. Benj. Taylors Adm.} Case Gen. iss. -- set off -- Stat. lim. -- ____[?] act in all its forms.
Ref. & iss:
Jury Robt. Poyner 1, Saml. Phillips 2, Th. Simmons 3, Benj. Tatum 4, Caleb Walker 5, Powers Poyner 6, John Heath 7, James Whitehurst 8, Wm. Etheridge 9, Chas. Griggs 10, Saml. Etheridge 11 Solomon Ashbee 12 being impannelled & sworn say that defts intestate decd within 3 yrs. assume there is no set off & assess the plfs damage at 12:10 they further find that the deft. has not fully administered but has assetts sufficient to satisfy the plffs demand & 6d cost.

John Hamilton vs. Jesse Perry} Case. Gen iss. -- stat. lim. -- ref. & issue:
Jury Leml. Sanderson, Max Taylor 2, Jos. Simmons 3, Rob. Poyner 4, Caleb Walker 5, James Poyner 6, John Heath 7, James Whitehurst 8, Enoch Douge 9, James White 10, Wallis Bray 11, John T. Hampton 12 impannelled & sworn say the defendent did assume within 3 yrs. & assess the Plfs damage at 50 & 6d cost.

Court adjourned to court in course.
Attest T. Baxter

Jos. Ferrebee JP
Thos. Farrow JP
Evan Jones JP
Isaac Baxter JP

Deeds &c. exhibited &c. Augt. Term 1810
1. Deed from Saml. Wilson John Mansfield, John OReily & Mary his wife to Miles Butt Jurat James Old as to John Mansfield & likewise the receipt of Wilson & Aals[?] Oakly & wife acknowledged in open Court feme covert Mary exd. by Saml. Salyear.
2. deed from James Etheridge sen to Enoch Etheridge Jurat Willis Simmons
3. Michael Lee & ux to Mary Hall Jurat Edwd. Bunnell
4. Jere. Mercer Sen. to Saml. Ferebee Ack.
5. Jere. Mercer Sen. to Saml. Ferebee Ack.
6. Peter Hutchins to Caleb Gregory Jurat Mitchell Simmons
7. Brickh. Bell to Benj. Brickhouse sen. Ack.
8. Wm. Etheridge to Caleb Etheridge Jurat Th. Baxter
9. Tatum Brabble to James Brabble Ack.
10. Jere. Perkins to James Doxie Ack.
11. recpt[?] Hollo. Thompson to David Jones Ack.
12. Dennis Thomson to David Jones Jurat Fanny Mercer
13. Robt. Simmons & ux. to David Jones Ack. feme covert exd. by Bk. Bell.

[p. 70]

14. deed from Sol. Spratt & ux to Saml. Etheridge Sen. Ack. fem cov. exd. by T. Ferrebee
15. Wm. Taylor, ux & al to Jesse Taylor Ack. fem cov. exd. by T. Ferrebee
16. Malachi Jones to Mary Carroll Ack.
17. Caleb Etheridge & ux to Malachi Jones Ack. fem cov. exd. by B. Bell
18. Th. White Sen. & al to Thos. White Jun. Ack.
19. Henry Beesley to Vinson White Ack.
20. Malachi Waterfield to Henry Beesly Ack.
21. Joel Waterfield & ux to Henry Beesly Ack.
22. Henry Beasley & ux to Vinson White Ack.
23. Vinson White & ux to Joel Waterfield Ack.
24. Henry Beasley & ux to James Scadlock Ack.
25. Anthony Frame to Thomas Scadlock [above "Scadlock" is written "Adams"] Jurat Lamb Taylor
26. Jesse Perry to Thos. Adams [above "Thos. Adams" is written "James Hill"] Jurat Wm. Slade
27. Saml. Etheridge to Polly Hall Jurat Th. Poyner
28. Lamb Taylor to James Spry Jurat Willo. McHorney
29. Wm. & Noe Forbes to Thos. Garrott Jurat Caleb Forbes
30. Masick Sawyer to Joseph Best Jurat Willis Gallop
31. Richd. Sawyer to Jereh. Sawyer Jurat Davis Fancher
32. Saml. Weskitt to Simeon Sawyer Jurat Leml. Gregory
33. John Weskitt to Simeon Sawyer Jurat Abraham Baum Jun.
34. Morris Midyett & ux to Clemt. Hill Jurat Leml. Gregory
35. Jacob Gibson to Danl. Lindsey Ack. fem. cov. exd. by Jos. Ferebee
36. John Aydelett to Jona. Lindsey Jurat Simeon Sawyer
37. Willo. Cooper to Jona. Lindsey Jurat Simeon Sawyer
38. Michael Walker, Wm. Daniel Walker, Elizabeth Adams, Morris Midyette & Polly his wife, Elizabeth Williams, Caleb Garrett & Sally his wife, Wm. Owens & Polly his wife & Thos. Walker to Simeon Sawyer Jurat Jona. Lindsey as to Danl. Walkers Assignment Leml. Gregory as to all the rest the feme coverts privately exd. by Jona. Lindsey Esq.
39. Wm. Barrott to Thos. Sanderson Jurat Benj. Russel
40. Wm. Styron & als to Thos. Garrett Jurat Simeon Sawyer
41. John Dunstan to Thos. Beal Jurat Caleb Toler
42. Major Whedbee & ux to Jereh. Stow Jurat John Clark
43. Gideon Scarborough & ux to Geo. Williams Jurat Th. Farrow
44. John Ballance to Benj. Spring Jurat Cornelius Austin.

Bills of Sale
1. from C. Etheridge Shf. to Leml Taylor Ackn.
2. Philip Douge Sen. to R. Hutchings Jurat James Douge
3. Marson[?] Mercer & als to Thos. Barnard Jurat Mitchell Simmons
Indorsement from Th. Barnard to Carter Hastings Ack.
4. from Peter Whitehurst to David Jones Jurat Jas. Williams
5. Jona. Bonney to Gideon Bonney Jurat Mal Jones
6. Mary Williams to Malachi Jones Jurat Jas. White
7. Edwd. Hollowell to Willo. McHorney Ack.
[End p. 70]

[p. 71]

8. from James Mason & ux to Richd. Etheridge Jurat A. Baum Jun.
9. Wm. Twiford to Willis Gallop Jurat Caleb Toler
10. Simeon Sawyer to Jas. Etheridge Jurat T. Ferrebee
1. Recpt. from Charles Williams to John White Jurat Steward Williams
1. Lease from Fanny Mercer to John Mackie Jurat T. Baxter
1. deed of Gift from Isaac Roberts to Courtney Nicholson Jurat Dory Douge
2. deed of Gift from Anthony Simmons to Sally S. Conner Ack.

[End August Term 1810]

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