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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)

October 1716

Information vs. BOONE

Also in Currytuck Precinct, one Edward BOONE leaving a Wife in Virginia and keeps a whore in this Government by which it very plain appears that she hath severall Bastards by him the said BOONE

 

AMBROSS vs. TULL - Retraxit

And now here at this day came the aforesaid plaintiff (AMBROSS) by his Attorney and confesseth himself to be satisfy’d of the damages aforesaid.

Therefore the aforesaid Defendant (TULL) of the damages aforesaid is acquitted etc. (it then goes into the entire case)

GIBSON vs. WOODHOUSE - Plea

And now here at this day the aforesaid Defendant (WOODHOUSE) by his Attorney came and to the coming by force and Armes he saith he is nothing thereof guilty and of this he puts himself upon the Country and the Plaintiff (GIBSON) likewise.

And to the breading of the Close aforesaid and the taking and bearing away the timber and lightwood above said Suppos’d to be done the said Defendant (WOODHOUSE) saith, That not any Action because he saith that the Close aforesaid and also the places in which it is suppos’d the trespass to be made was part and parcell of three hundred acres of Land Granted by the true and Absolute Lords Proprietors of Carolina unto Edwd. TAYLOR of Currytuck as appears by a Pattent under the seal of the Colloney bearing date 2d of October 1704 and are the freehold of the said Defendant (WOODHOUSE) by which the said Defendant at the aforesaid time etc. into the aforesaid Close etc. and the aforesaid timber and lightwood took and carry’d away as to him it was Lawfull; and this he is ready to verify etc. whereof he demands Judgement if etc. Action etc. against him he ought to have etc. E. MOSELY for the Defendant (WOODHOUSE)

And the aforesaid Plaintiff (GIBSON) saith that he ought not to before cutt or exclude by any thing before alleg’d; because hee saith that the land mention’d in the Declaration is the proper and Rightfull Estate and Inheritance of the aforesaid Plaintiff (GIBSON) as by a Survey made the 3d day of Augst. 1713 and return’d into the Secretarys Office, and of this he prays may be Enquired of by the Country, and the Defendant in like manner.

Therefore it was Commanded to Jo. PEGG Deputy Marshall to Jno. HACKLEFIELD Esqr. Provost Marshall that he should Cause to Come etc. twelve etc. by whome etc. and who neither etc. to recognize etc. and there came Wm. FRYLEY, Ja. LONG, Jno. WATTKINS, Ja. WARD, Thos. HAWKINS, Thos. WYLEY, Ja. HAWKINS, Wm. SWINSEN, Thos. STEELY, Jacb. BLOUNT, Thos. SPIVY and Na. AVERITT who between the partys aforesaid being impannelled and to say the truth of the Premises Elected tried and Sworn did say their Oaths.

Verdict:  We of the Jury find for the Plaintiff (GIBSON) Eight Pounds Damages with Costs of Suit.

Judgement: By which then it was Consider’d and Ordered that the aforesaid Plaintiff (GIBSON) shall recover against the Defendant (WOODHOUSE) the said Summ of Eight Pounds by the Jury aforesaid in form aforesaid Assess’d Also the Summ of (blank) for his costs and charges aforesaid Adjudg’d Alias Execution.

Evidences: Upon the Petition of Josp. SANDERSON and Wm. LEARY praying to be allow’d for their attendance etc. as Evidences in the said Cause Ordered that the Defendant (WOODHOUSE)  pay to the said Josp. SANDERSON and Wm. LEARY  the summ of One Pound and two shillings each alias Execution.

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