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North Carolina Higher Court Minutes
Source: NC Higher Court Minutes; Vol. 4. (1702-1708)
Abstracted by Wm. S. Price from North Carolina Colonial Records (Second Series)

1705

Feb 1704/5 - North Carolina SS   To the Provost Marshall (torn).  These are in the Name of his Excellency the Palatine and the rest of the true and absolute Lords and Proprietors to will and require you to arrest the Body of John EVANS and him to hold Soe that he make his personall appearance att the next Generall Court to be held for this Province the last Tuesday in March next att the House of Captain John HECKLEFIELD in Little River to Answer the Complaint of Phillip STONE in A Plea of the Case upon Defamation And have there this writt Dated the 10th Day of February Anno Domini 1704/5.  [signed] Thos. SNODEN  Clericus Curiae

March 1705 - North Carolina SS   To the Honorable Generall Court etc.  Philip STONE is plaintiff against John EVANS Defendant in a Plea of the case upon Defamation and Complaines that whereas the plaintiff hath always been of good fame and Creditt both in Virginia as elsewhere the plaintiff hath lived and never was esteemed Conscious of Felony or Robery but hath always honestly behaved himselfe towards his Neighbors and all her Majesties Liege people with whom he hath had Comerce or Conversation which the Defendant well knowing but Envying the happy Condition of the plaintiff on or about the 31th Day of October last past att the House of Captain John HECKLEFIELD within this Province before the Honorable Robt. DANIEL Esquire Deputy Governor of the province aforesaid and Severall others of her Majesties Liege people did utter and Declare these false Malitious and Scandalous Words of and concerning the plaintiff videlicet Phillip STONE meaning the plaintiff robbed me meaning the Defendant of A Bill of Eighteen pounds payable from the said STONE meaning the plaintiff to me meaning the Defendant By meanes of which false malitious and Scandalous Words the plaintiff was immediately taken in to Custody and not only in Danger of losing his good Name reputation and Estate but alsoe of his life as by A Statute in Such Cases is made and Provided wherefore the plaintiff Saith he is Dampnifyed Two Hundred pounds Sterling whereupon he hath brought this action and humbly Craves Judgment of this Honorable Court for the Same with Costs of Suite and he Shall pray etc.  [signed] Thos. SNODEN Clericus Curiae

March 25th 1705 - A lease of A Plantation from John EVANS to Willm. PARKER acknowledged in Court and Orderd to be recorded.

Upon Petition of Thomas BOYD and Winifred his wife relict of John WEST Deceased praying Lettres of Administration on the Estate of Francis WEST an Infant Son of the Said John WEST and Winifred.  Itt is the Opinion of this Court That the Said Winifred is nearest of Kin to the Deceased and that thereby the Right of Administration belongs to the Petitioner And That Certificate thereof be made to the Governor and Councill.

Upon Petition of Benjamin WEST praying to be Admitted to Chuse his Guardian is admitted and chuses Thomas BOYD his Guardian.

27th Day of March 1705 - This Indenture Made This 8th Day of Janry. Anno Domini 1704/5 and in the Third year of the Reign of our Soveraign Lady Ann of England Scotland france and Ireland Queen etc. Between John EVANS of the precinct of Corahtuck in the County of Albemarle and in the province of North Carrolina (the Lawfull attorney of Mary HARRESS) of the one Parte and William PARKER of the precinct County and province aforesaid of the other parte Wittnesseth That the Said John EVANS for the Consideration of Seventeen Pounds Sterling money of England in hand Paid unto him the Said John EVANS by the Said William PARKER at and before the Ensealing and Delivery of these presents, the receipt where of he the Said John EVANS Doth hereby acknowledge and there of and of Every part and percell there of Doth hereby also Clearly acqit and discharg the Said William PARKER his Heirs and Assigns: and for Divers other good Causses and Considerations him the Said John EVANS there unto Moving, hath Demised, granted, bargained, and to farme letten, and by these presents hath bargained and Sould unto the Said William PARKER his executors Administrators and Assignes one Plantation and Tract of Land Containing Two Hundred and Sixty Eight Acers Situate Lying and being in the precinct County and province afore Said To Have And to Hold the Said Two hundred Sixty and Eight Acers with Houses out houses Wood and under Woods Water and Water Courses with the pastures Orchards fruit Tres Nusseriary gardens, with all the Comodyties Hereditaments and Appurtenances there unto belonging or in any waies appertaining Unto him the Said William PARKER his Executors Administrators and assignes from the Day of the Date hereof until the full End and terme of ninty nine yeares from thence next Ensuing and fully to be Computed compleat and Ended yielding and paying therefore yearly and Every year During the Said Term, unto the Said John EVANS his Heirs Executors Administrators or assignes one tenth Day of April one Capen if it be lawfully Demanded and it is here by Concluded and agreed by and between the Said parties to these presents and the Said John EVANS doth for Himselfe his Heirs Executors Administrators and assignes Convenant, Promise and agree To and with the Said William PARKER his Executors Administrators and Assigns that it Shall and may be Lawfull to and for the Said William PARKER his Heirs Executors Administrators and Assigns, quietly and peaceable to have hold occupy, possess and Enjoy all and Singuler the Said Two Hundred Sixty and Eight Acers which Said Land is bounded by and with a Ligne of Marked trees one Each Side and Joyning to Richard COMINFORTs land with the premises, with their and Every of their Appurtenances from time to time and at all times hereafter During the Said Term without the Lawfull let and interruption of him the Said John EVANS His Heirs Executors Administrators or Assigns or of Any other person or persons whatsoever, Lawfully claiming from by or under them or Either of them and also freed and Discharged of and from all and all manner of former Bargains, Sales Gifts Grants Judgment Executions and other Charges of incumbrances Whatsoever, had, made, done or Suffered by them, or Either of them provided always and it is nevertheless agreed and Concluded by and between the Parties aforesaid to these presents, and it is the true Entent and meaning thereof, that if the Said John EVANS his Heirs Executors or administrators Shall Well and Truly pay or Cause to be paid Unto the Said William PARKER his Executors Administrators and Assigns the full and Entire Sum of Seventeen pound Good and Lawfull Money of England at or before the tenth Day of June next Ensuing the Date of these presents and the Same to be Delivered at the Said William PARKERs Dweling house in the precinct County and province afore Said That then this present Indenture, Demise, and Grant, and Every Clause and Article therein Contained, Shall cease, Determine, be voyd, and of none Efect; any thing in these presents Contained to the Contrary therof, in any wise notwithstanding other wise to Remaine in full forse power and virtue in Witness Where of I have hereunto Set my hand and fixt my Seale the Day and year first above written.  /s/ The mark of John EVANS

Signed seald and Delivered In the presents of Richd. SANDERSON, Edwd. TAYLER, Thomas TAYLOR

Acknowledged in Court the 27th Day of March 1705 and Orderd to be recorded.  /s/ Tho. SNODEN  Clericus Curiae

May: 14th 1705 - North Carolina SS  To the Provost Marshall or Deputy.  These are in the name of his Excellency the Palatine and the rest of the true and absolute Lords and Proprietors to require you to arrest the Body of John EVANS and him in Safe Custody hold Soe that he may appear att the next Generall Cort to be holden for this Government the last Tuesday in July att the house of Captain John HECKLEFIELD in Little River to answer the plaint of Phillipp STONE in a plea of the Case and have there this Writt Dated the 14th of May 1705.

Tuesday July 31st 1705 - Phillip STONE Comes to prosecute his suite against Jno. EVANS in a plea of the Case and Complaines that the Defendant stands Justly Indebted to the plaintiff in the full summe of Eighty Nine pounds fourteen shillings by Account as by wayes and meanes Convenient the plaintiff is ready to make appeare. And the Defendant Came not and the plaintiff prayes an order against the Marshall which is Granted. And Capt. John HECKLEFEILD provost Marshall Comes and prayes an Attachment against the said EVANS Estate which is granted.

Phillipp STONE Comes to prosecute his Suite against Wm. PARKER in a plea of the Case and Complaines that the Defendant stands Indebted to the plaintiff in the full summe of Eight pounds Eighteen shillings by account. And the Defendant Came not and the plaintiff prayes An Order against the Marshall which is granted And Capt. Jno. HECKLEFEILD Comes and prayes an Attachment against the said PARKERs Estate which is granted.

Phillipp STONE Comes to prosecute his suite Against William FLOYD in a plea of Debt and Complaines that the Defendant stands Justly Indebted to the plaintiff in the full and Just summe of three pounds and thirteen shillings sterling by Bill and the Defendant Comes and Confesses. Ordered the said William FLOYD pay unto the said Phillipp STONE the said Summe of three pounds thirteen shillings sterling with Costs alias Execution.

North Carolina SS.  To the honorable the Generall Court.  Phillipp STONE is plaintiff against William FLOYD Defendant in a plea of Debt and Says that the Defendant stands Justly Indebted to the plaintiff in the Just Summe of three pounds thirteen Shillings Sterling Money to be paid in the precinct of Coratuck upon demand as in and by One writeing Obligatory under the hand and Seale of the Said William FLOYD beareing Date the 12th day of December Anno Domini 1704 and now ready to be produced in Court relation being thereunto had doth and may more fully and at large appeare which Said Summe of three pounds thirteen Shillings Sterling Money as aforesaid the Defendant hath not rendred to the plaintiff tho often thereunto requested but the Same doth Still refuse to render to the plaintiffs Damage Seaven pounds Six Shillings Sterling and thereupon he brings his Suite and prays Judgment for the Same with costs of Suite and Shall pray etc.

July-August 1705 - North Carolina SS   To the Honorable the Generall Cort.  Phillip STONE is plaintiff against John EVANS Defendant in a plea of the Case Complaines that the Defendant Stands justly indebted to the plaintiff in the full Sume of Eighty Nine pounds Fourteen shillings by account as by wayes and meanses Convenient the plaintiff is ready to make appear which Said Sume of eighty Nine pounds fourteen Shillings the Defendant hath not rendred to the plaintiff tho’ often thereunto requested but Still doth refuse to render to the plaintiffs Damage One Hundred Seaventy Nine pounds Eight Shillings Sterling and therefore he brings his Sute and prayes Judgment for the Same with Costs of Sute and shall pray etc.

Permission kindly given by Donna E. Kelly, Administrator Historical Publications Section N.C. Office of Archives and History Department of Cultural Resources, Raleigh, NC.  Be sure to visit their publications site at: www.ncpublications.com.  These records were submitted by Judy BrickhouseNo part of these records may be used for any commercial purposes. However, please feel free to copy any of this material for your own personal use and family research.

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