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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 1723

 SWANN vs. JOHNSON - Debt

Thomas SWANN of the precinct of Curratuck is plaintiffe and William JOHNSON of the same precinct is defendante in a plea of Debt. Etc. And the said plaintiffe in his own proper demands of the said Defendante that he do render unto him the Sum of three pounds Current money which to the plaintiffe he oweth and from him unjustly detaineth for that Whereas the said Defendant on the fourteenth day of October One thousand Seven hundred and nineteen by his certain Bill Signed by the said Defendante whose Date is the same day and Year aforesaid which Bill is filed in the Office of this Court became indebted to the Said plaintiffe in the Said Sum of Three pounds to be paid to the said plaintiffe when he the said Defendante Should be thereunto requested etc.

And the Said Defendante (being Solemnly called) came not did the Marshall make returne of Bond or Security taken as by Law he ought to have done, Wherefore the plaintiffe was putt to his Choyce either to have and Order against the Marshall with Stay of Execution till the next Court or an Attachment against the Defendante’s Estate; And the plaintiffe aforesaid making Choyce of an Order against the Marshall.

Order vs. Marshall

It is therefore Order’d that the provost Marshall of Albemarle County have the body of the said Defendante at the next Generall Court to answer to the aforesaid plaintiffe Otherwise Judgement to be confirm’d against the Marshall for the aforesaid Debt and Costs.

Attachment:  Whereupon the Marshall pray’d an Attachment against the Estate of the said Defendante for the aforesaid Debt and Costs So as to compell him to appear etc. at the next Generall Court on the last Tuesday in July next Which was Granted.

SWANN vs. WHIDBEE - Debt

Thomas SWANN of the precinct of Curratuck is plaintiffe and John WHIDBEE of the Same precinct is Defendante in a plea of Debt etc. And the said plaintiffe in his proper person demands of the said Defendante that he do render unto him the Sum of five pounds ten shillings Sterling money which to the plaintiffe he oweth and from him unjustly detaineth for that Whereas the said Defendante on the seventh day of Aprill One thousand Seven hundred and twenty two by his certain Bill Sign’d by the said Defendante whose date is the Same day and year aforesaid which Bill is filed in the Office of this Court became indebted to the Said plaintiffe in the said Sum of five pounds ten Shillings to be paid to the said plaintiffe when he the said Defendante should be thereunto requested etc.

And the said Defendante (being Solemnly called came not) nor did the Marshall make returne of Bond or Security taken for the Said Defendante’s appearance as by Law he Ought to have done; Wherefore the plaintiffe was putt to his choyce either to have and Order against the Marshall with Stay of Execution till the next Court or and Attachment against the Defendante’s Estate; And the plaintiffe aforesaid making Choice of an Order against the Marshall

Order vs. Marshall

It is therefore Order’d that the provost Marshall of the County of Albemarle have the body of the said Defendante at the next Generall Court to answer to the aforesaid plaintiffe Otherwise Judgement to be confirm’d against the Marshall for the aforesaid Debt and Costs.

Attachment:  Whereupon the Marshall prayed an Attachment against the estate of the said Defendante for the aforesaid Debt and Costs So as to compell him to appear etc. at the next Generall court on the last Tuesday in July next. Which was Granted.

RYORDANE vs. DAUGE - Appeall

The Appeall brought by Dennis RYORDANE in Avoydance of a Judgment and to reverse a Verdict found against him at the precinct Court of Curratuck held in July One thousand Seven hundred and twenty three in an Action of Trover and Conversion brought against Richard DAUGE is by the Consent of both partys putt in respite untill the next Court on the last Tuesday in October next on the third day of the Said Court.

WILLIAMS vs. WHITE - Convenant

Thomas WILLIAMS by Thomas SWANN his Attorney comes to prosecute his Suite against Josiah WHITE of the precinct of Curratuck of a plea that he hold Covenant to him Between them made according to the force forme and Effect of a certain written Deed between them made etc. And whereupon the said Thos. By his Attorney aforesaid Sayth that Whereas by a certain Written Deed made at Curratuck the fourteenth day of May One thousand Seven hundred and twenty two Between him the said plaintiffe of the One part and the said Defendante of the other part which part Signed with the proper hand of the Said Defendante the aforesaid plaintiffe bringeth here into Court the date whereof is the Same day and Year it is testifyed that whereas the said plaintiffe had Sold unto the Defendante the Land and all the stock that was therin being on the Sand Banks (Except One Cow and Yearling called Fillpaile) and also all the Goods that was appraised of John BAILES and the said Defendante for fifty pounds to be paid as followeth that is to say twenty five pounds in Bills of Credit to be paid at or before the last day of October next ensuing the date of the same writing and the other twenty five pounds to be paid at or before that day twelvemonth in good Sound merchantable Beef well Salted in tight barrells weight in each barrell tallow at four pence per pound and dry hide at three pence per pound the Beef at twenty five shilling per barrell the said Defendante to have the increase of the said Stock and the said Defendante did then and there bind over the said Land Stock and Goods to him the said plaintiffe for his Security under the penalty of One hundred pounds Sterling money if the said Defendante did not pay the fifty Pounds according to the Words above written and he the said Defendante was to kill one beast out of the said Stock that year and no more; But if the said Defendante did pay the twenty five pounds in Bills of Credit According to the words in the same writing Specifyed then for the last Year to kill as many Cattle out of the said Stock as will pay the last twenty five pounds: And it is further Covenanted and Agreed upon by the said plaintiffe and defendante that if the said Defendante should faile and did not make the first payment According to the words of the same Writing then the Defendante was to deliver up all the Goods Land and Stock with their increase unto the plaintiffe again upon Demand as in and by the same Written Deed here in Court produced it may more fully and at large appear: Yet Nevertheless his Covenant promise and agreement aforesaid hath not kept but the Same hath Broke, the same twenty five pounds in Bills of Creditt hath not paid according to the form and effect of the Writing aforesaid nor the said Land Stock and Goods hath not deliver’d up to the plaintiffe again altho’ often demanded but the same Land Stock and Goods to the plaintiffe hath denyed to deliver and Still doth deny. Whereupon the plaintiffe sayth he is damnyfied One hundred and fifty pounds Current money of this province and therefore this his Suite is produced etc. And the said Defendante (being Solemnly called) came not; And the Marshall’s returne being that he left a Copy of the Writt etc. according to the direction of an Act of Assembly in that case made etc.

Attachment:  It is therefore Granted at the plaintiffe’s Motion that an Attachment be issued against the Estate of the Defendante thereby to compell him to appear etc. at the next Court on the last Tuesday in October next to answer to the suite aforesaid.

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