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North Carolina Higher Court Minutes
Source: NC Higher Court Minutes; Vol. 5. (1709-1723)
Abstracted by Wm. S. Price from North Carolina Colonial Records (Second Series)

March 1717

CHASE vs. RICH

Obediah RICH late of Currotuck Precinct in the Province aforesaid was Attach’d to Answer unto Joseph CHASE of Hampton in the Province of New Hampton in New England of a Plea that he do render unto him the Summ of Fourteen pound Eleven shillings and Five pence which to him he owes and from him unjustly detains etc.

And whereupon the same Joseph CHASE by Thos. SWANN his Attorney complaines that he the said Obediah RICH by his Certain writing obligatory under his proper hand and seal dated the third day of May 1703 did bind and oblige himself his heirs Executors Administrators to pay to the said Joseph CHASE his Heirs, Executors, Administrators or Assignes for a Valuable Consideration by the said Obediah RICH in hand already receiv’d the summ of Fourteen Pounds Eleven shillings and five Pence Sterling in Merchantable Porke Tobacco in Cask Hides or Tallow and to deliver the same at the said Joseph CHASE’s store house in Currytuck at any time when he should be thereunto required as in and by the same writing sign’d and seal’d aforesaid here in Court produced it doth and may more fully and at Large Appear yet nevertheless the said Obediah RICH his obligation not regarding the said summ of Fourteen pound Eleven shillings and Five pence as aforesaid unto the said Joseph hath not rendred and paid but the same to render and pay hath deny’d and still doth deny and refuse tho’ often thereunto requested to the damage of the said Joseph Twenty Pounds Sterling money and thereof this his Suit is produced etc.

Order v. Marshall

And the said Defendant (Obediah RICH) being solemnly call’d came not nor did the Marshall make return of bond or Security taken for the said Defendants appearance as by Law he ought to have done. Wherefore the Plaintiff (CHASE) was put to his Choice either to have and Order against the Marshall with Stay of Execution till next Court, or (an) Attachment against the Defendants Estate.

And the Plaintiff (CHASE)  aforesaid making Choice of an Order against the Marshall It is therefore Order’d that the Provost Marshall of Albemarle County have the body of the said Defendant at the next Generall Court to Answer to the aforesaid Plaintiff otherwise Judgement to be Confirm’d against the Marshall for the aforesaid Debt with Costs.

Whereupon the Marshall pray’d an Attachment against the Estate of the aforesaid Defendant for the Debt and Costs aforesaid so as to compell him to appear etc. Which is Granted

(NOTE: Obediah RICH had a case brought against him in Pasquotank Precinct by Jno. BLISH of Boston for the summ of Nine Pounds Twelve shillings and Eleven pence, dated July 24th day 1716. Another case brought against him in Pasquotank by Thos. COLLES, for the sum of Thirty Six Pounds Five shillings and Six pence, dated 2d day of August 1716.

 

REED vs. BARBOR

John BARBOR of Currytuck Precinct was Attach’d to Answer unto William REED Esqr. of a Plea of Debt upon an Account ad Damnum Fourteen Pounds.

And the said Plaintiff (REED) being Solemnly Call’d Came not neith filed any Declaration. Therefore It is Consider’d and Ordered that the said Plaintiff (REED) may be from hence in mercy and the said Defendant (John BARBOR) may go without day and that the said Plaintiff pay Costs alias Execution.

  WENTWORTH, etc. vs. HOBBS

John HOBBS late of Currytuck in the Province aforesaid was Attach’d to answer unto Samuel WENTWORTH, Joseph CHASE and John WEBSTER Company of Merchants in Boston in New England of a Plea that he do render to them the Summ of Four Pounds Three Shillings and Eleven Pence which to them he owes and from them unjustly detains etc.

And whereupon the said Plaintiffs (WENTWORTH, CHASE, & WEBSTER) by Thos. SWANN their Attorney Complaines that the said John HOBBS by his certain writing obligatory under his proper hand and seal dated the 18th day of April 1713 in the twelfth year of her Majesties Reigne did bind and oblige himself his Heirs Executors Administrators to pay unto the said Plaintiffs or either of them or either of theirs Executors, Administrators, or Assignes (for a valuable Consideration by the said John already in hand receiv’d) the summ of Four Pounds Three Shillings Eleven pence Sterling in Merchantable Pork Tobacco in Cask hides or Tallow and to deliver the same at the Plaintiffs Store house in Currytuck in the Province aforesaid at any time when he should be thereunto required as in and by the Same writing sign’d and seald as aforesaid here in Court produced. It doth and may more fully and at large Appear Yet nevertheless the said John his obligation not reguarding the Sum of 4 Pounds 3 Shillings 11 pence aforesaid unto the said Plaintiffs hath not rendered and paid but the same to render and pay hath deny’d and Still doth Deny and refuse tho’ often thereunto requested to the Damage of the said Plaintiff 8 Pounds Sterling money and thereof this their Suit is Produced etc.

Order v. Marshall

And the said Defendant (John HOBBS) being Solemnly Call’d Came not nor did the Marshall make return of bond or Security taken for the said Defendants Appearance as by Law he ought to have Done Wherefore the Plaintiffs (Samuel WENTWORTH, Joseph CHASE, John WEBSTER) was put to their Choice either to have an Order against the Marshall with Stay of Execution till the next Court, Or an Attachment against the Defendants Estate.

And the Plaintiffs aforesaid making Choice of an Order against the Marshall. It is therefore Ordered that the Provost Marshall of Albemarle County have the body of the said Defendant (HOBBS) at the next Generall Court to Answer the aforesaid Plaintiff Otherwise Judgement to be Confirmed against the Marshall for the aforesaid Debt and Costs.

Whereupon the Marshall pray’d an Attachment against the Estate of the aforesaid Defendant for the Debt and Costs aforesaid so as to Compell him to Appear etc. Which was Granted. 

 

CHASE, etc. vs. OVERINGTON

Richard OVERINGTON late of the Precinct of Currytuck in the Province aforesaid was Attach’d to answer unto Josph. CHASE, Samll. WENTWORTH, Ebenezer WENTWORTH of Boston in New England Merchants of a Plea that he do render to them the summ of Six Pounds Five Shillings and Nine Pence which to them he owes and from them unjustly detains etc.

And whereupon the said Plaintiff by Thos. SWANN their Attorney Complains that he the said Richard by his Certain writing obligatory under his proper hand and Seal and dated 24 Janry. 1705/6 in the fourth Year of her Majesties Reigne did bind and oblige himself his Heirs Executors Administrators to pay to the said Plaintiffs or either of them or either of their Heirs Executors Administrators or Assignes (for a Valuable Consideration by the said Richard already in hand receiv’d) the summ of Six Pounds Five Shillings and Nine Pence Sterling (that is to say) in Merchantable Pork Tobacco in Cask, Hides or Tallow and to Deliver the Same at the Plaintiffs Store house in Currytuck in the Province aforesaid at any time when he should be thereunto required as in and by the Same writing Sign’d and Seal’d as aforesaid here in Court produced. It doth and may more fully and at large Appear, Yet nevertheless the said Richard his obligation not regarding the said Sum of 6 Pounds 9 Shillings 9 Pence (sic) as aforesaid unto the said Plaintiff hath not rendered and paid but the Same to render and pay hath Denyed and Still doth Deny and refuse tho’ often thereunto requested to the Damage of the said Plaintiffs Tenn Pounds Sterling money and thereof this their Suit is produced etc.

Order vs. JOY, Security

And the said Defendant (Richard OVERINGTON) being Solemnly Call’d Came not Whereupon the Marshall produced Wm. JOY Security for the said Defendant as by the bail bond produced here into Court Appeareth. And the Plaintiff was putt to his Choice either to have an Order against the Security with Stay of Execution till the next Court or an Attachment against the Defendants Estate and the Plaintiff aforesaid making Choice of an Order against the Security.

Judgement is therefore Granted against the said Wm. JOY for the damages aforesaid with Stay of Execution till the next Court. Whereupon the said Wm. JOY pray’d an Attachment against the Estate of the aforesaid Defendant (OVERINGTON) for the damages and costs aforesaid so as to Compell him to Appear etc. Which is Granted.

  BOY(sic) vs. RUSSELL Discontinued

Edward RUSSELL was Attach’d to Answer the Suit of Collonel THOMAS BOYD of a Plea of the Case ad Damnum Twenty two Pound Sterling.

And the said Plaintiff (BOYD) being Solemnly Call’d came not nor neither filed any Declaration. Therefore it is consider’d and order’d that the said Plaintiff my be from hence in mercy. And the said Defendant (RUSSELL) may go without day and that the said Plaintiff pay Costs alias Execution.

BOYD vs. WHEDBEE Discontinued

John WHEDBEE was Attach’d to Answer the Suit of Collonel THOMAS BOYD of a Plea of Debt ad Damnum Twenty Pounds.

And the said Plaintiff being Solemnly Call’d Came not neither filed any Declaration. Therefore It is Granted and Ordered that the said Plaintiff my be from hence in mercy, and the said Defendant may go without and that the said Plaintiff pay Costs Alias Execution.

GIBSON vs. CAPPS

Henry GIBSON comes to prosecute his Appeal of Errors to Reverse a Judgement pass’d in the Precinct Court of Currytuck the 8th day of Janry. 1716/7. Against him the said Henry at the Suit of William CAPPS in a Plea of Debt.

And the said Henry by Thos. SWANN his Attorney produceth here into Court the record of the Proceedings of the Court of Currytuck upon a Plea of Debt Commenc’d by the said William CAPPS against the said Henry GIBSON (in Haec Verba) Currytuck Ss.

Att a Court held for the Precinct of Currytuck the 10th day of July anno domini 1716 etc. Present the Justices Collonel Wm. REED, Mr. Wm. SWANN, Mr. Thos. VANDERMULEN, Mr. Thos. TAYLOR, Mr. Wm. NICHOLLSON, Mr. Wm. BELL, Mr. Thos. WILLIAMS.

Wm. CAPPS. Plaintiff against Henry GIBSON defendant in Action of Debt for the just summ of 2017 Pounds of Tobacco payable convenient in Lynhaven in Virginia and the Action being and Call’d and the Defendant Appearing by Thos. SWANN his Attorney etc, and pray a Generall Imparlance till the next Court. Order’d that the said Action be accordingly imparl’d till the next Court and that the said Henry GIBSON give Speciall Security to Stand and Abide the award of the said Court etc.
   Vera CopiaTestis    Jo. WICKER   Clericus Curiae

Att a Court held for the Precinct of Currytuck the 9th  8ber (sic) Anno 1716. Present the Justices Collonel Wm. REED, Mr. Wm. SWANN, Mr. Thos. VANDERMULIN, Mr. Thos. TAYLER.

Whereas Wm. CAPPS Plaintiff against Henry GIBSON Defendant to July Court last past for the just Summ of 2017 Pounds Tobacco payable Convenient in Lynhaven River in the Collony of Virginia and the Defendant by Thos. SWANN his Attorney pray’d a Generall Imparlance till this Court for Tryall of the said Action whereupon the said Henry with Mr. Jos. SANDERSON became bound in the Summ of 20 Pounds and to Stand and abide the Judgement of the said court etc. but the said Henry having fail’d to Defend the said Suit in his own proper person or any Attorney for him whereupon Judgement being likely to pass against the said SANDERSON Security as aforesaid therefore the said SANDERSON desires an Hours time to Consider thereof and to Defend himself and to bring the Action to a Determination etc. being Granted him the Court and being accordingly call’d again and the Defendant by Thos. SWANN his Attorney came and defends the force and injury when etc. and for Plea Saith that there is no Such Record in the County of Princes Ann in the Dominion of Virginia and this he is ready to Verify and thereupon he prays Judgement of the Plaintiffs Action aforesaid.
            SWANN for the Plaintiff

And the Plaintiff (Wm. CAPPS) rests on the Judgement of the Court likewise.
            Wm. CAPPS
Plaintiff

Wherefore It is Order’d that the Plaintiff (CAPPS) have till the next Court to Manifest the Aforesaid Record. Etc.
    Vera Copia      Testis   Jo. WICKER        Clericus Curiae

Att a Court held for the Precinct of Currytuck the 8th Janry. 1716/7 being present the Justices Collonel Wm. REED, Mr. Thos. VANDERMUNLLIN, Mr. Thos. TAYLER, Captain Wm. NICHOLLSON, Mr. Wm. BELL.

Wm. CAPPS being Assigned by October Court last past till this Court to Manefest a Record of Princes Ann County Court against Henry GIBSON for 2017 Pounds Tobacco payable Convenient in Lynhaven in Virginia which the said CAPPS accordingly Produced to this Court under the Seal of the Collony of Virginia etc. Wherefore It is Order’d that the said Henry GIBSON (blank) and Joseph SANDERSON Security pay to the said Wm. CAPPS the aforesaid Summ of 2017 Pounds of Tabacco with Cost of Suit Alias Execution Upon which Judgement the Defendant (GIBSON) by Thos. SWANN his Attorney pray’d an Appeal to the Honorable the Generall Court wherefore It is Order’d that the said SWANN Attorney aforesaid have an Appeal upon the said Judgement and that he Give bond with Speciall Security to prosecute his said Appeal which accordingly was Done.
    Vera Copia      Testis   Jo. WICKER     Clerk Curiae

And Saith that in the Record and Process aforesaid and also in the giving Judgement aforesaid It is manefestly Erred

1st. In this that is to say, That whereas the said Wm. CAPPS in his Declaration saith that the said Henry GIBSON stands justly indebted to the said Wm. CAPPS in the summ of 2017 Pounds of Tobacco as in and by the Record and proceedings of a Court holden in and for Princes Ann County the 9 day of March 1706 within the Collony and Dominion of Virginia but the said Wm. CAPPS  doth not mention that he brings into Court or Exhibits the said Record and proceedings of the said Court of Princes Ann nor doth it appear in the Record at the time when the Issue was joyn’d that there ever was any.

2nd In this also it is Erred that It being an Action of Debt on a Forreign Judgement the said Wm. CAPPS ought to have had the said Judgement and record Exemplify’d and filed in the Office with the Declaration which by the said Record it doth not Appear to have been Done.

3rd In this also it is Erred in giving the said Wm. Day to manifest the said Record and receiving the same in Evidence to the matter after the last Continuance.

4th In this also it is Erred that the Action being brought to an Inferiour Court ought to have been Incerted in the Declaration that the Action did Arise within the Jurisdiction of the Court.

5th In is also it is Erred because it doth not appear by the said Record and proceedings of Princes Ann court here and what maner the said Judgement was obtained.

6th In this also It is Erred because by the Record and process of the said Court and giving of Judgement It doth not Appear that the said Henry GIBSON was lawfully in Court.

7th In this also it is Erred in not receiving the Exception made by the said Henry alledging that the Record of Princes Ann ought not to be given in Evidence to the Court after the last Continuance.

And for these Causes the Judgement aforesaid for the said William CAPPS against the said Henry GIBSON and all thereupon Depending upon the Suit aforesaid Spoken done and Exhibited is not Sufficient in Law and he prayeth that the Judgement aforesaid for the Errors aforesaid in the Record and Process aforesaid being Annulled and utterly holden for none and that he unto all which by the Occasion of the said Judgement given he Lost he be Restored etc.

And the said William CAPPS being Solemnly call’d came not. Wherefore it is Ordered that the said Judgement pass’d in the Precinct Court of Currytuck, be Reversed and Annulled. And the said William CAPPS pay Costs Alias Execution.

Ordered that a Venire do go out against Edwd. BONNEY to Answer the presentment of the Grand Jury for leaving his Wife in Virginia and keeping a Whore in this Government.

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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© 2006 Kay Midgett Sheppard