|
Page 1
State of North Carolina}
To Thomas WILLIAMS &
Samuel FEREBEE Esquires, or any two Justices, assigned to keep the
Peace, in and for the County of Currituck Greeting:
Know ye, that we reposing especial confidence in your
fidelity and prudent circumspection, do command, authorize and empower you,
or any of you, that at such time and place as you shall appoint, you call
and cause to come before you Nathan BRINSON & Ruthe BRINSON & them
diligently examine on the Holy Evangelists of Almighty God, what he knoweth
in and about a certain matter of dispute now at issue in the Superior Court
of Law and Equity, made in a cause, wherein Joseph FEREBEE is
plaintiff, and Joseph BALLANCEs admir is defendant, as well on the part of the plaintiff
as the defendant, and such examination and deposition by you taken, you are
to send closed up under your seal, to our said Court, to be held for the
district of Edenton at the Court-House in Edenton on the Sixth day of
October April next; and this you are in no wise to omit. Witness Wm. BLAIR clerk of the said Court, at Edenton
the XVIIIth day of October in the XXVth year of our Independence, Anno Dom
1801.
/s/ Will. BLAIR ClCk
Page 2
State of No. Carolina}
Currituck County
}
In obedience to a commission from the Superior
Court of Edenton for the District of Edenton we have proceeded to take the
depositions of Nathan BRINSON and Ruth BRINSON at the house of
Mrs Andey
THOMSON by consent of the parties in the suit Joseph FEREBEE
against the Administrators of Joseph BALLANCE decd between the hours of Twelve and
four oclock on the 13th day of March 1802. Nathan BRINSON being
first sworn on the Holy Evangelist of Almighty God deposeth and sayeth, that
some time in the Month of December 1796 as he was passing through the yard
of Joseph BALLANCE he called in between sun set & dark and saw Mr.
Joseph BALLANCE cutting up a large fat hog marked swallowfork and under
keel both ears and that the hog aforesaid positively did belong to Joseph FEREBEE
Esqr. And it was awhile from time to time cutting and burning new railes
upon said Joseph FEREBEEs land being asked by Jeremiah PERKINS Admr
of Joseph BALLANCE decd what day of the week it was he passed through Mr.
BALLANCEs yard he answered he did not remember. So further this deponent
sayeth not.
/s/ Nathan [his x mark] BRINSON
Signed and sworn to this 13th day of March 1802 between The houres of 12 & 4 oclock before us
S. FEREBEE JR.
Thos. WILLIAMS JP
Page 3
Ruth BRINSON being sworn on the within named suit by
consent of the parties at the time & place within Mentioned deposeth &
sayeth that some time in the summer in the year 1796 she heard a hog squeal
she then went out & saw a boy Joseph BALLANCE had under his care & tuition,
taking one of Joseph FEREBEEs sows with pig and that she saw him strike the
sow a cross her back the sow fell and positively dyed inconsequence of the
blow that she saw Ahas? BALLANCE the boy strike her, and she further sayeth
that she frequently saw Joseph BALLANCE cutting and burning railes and the
said BALLANCE took the railes out of the fence then standing on the
lands of Joseph FEREBEE, and said BALLANCE then had wood cut and burent the railes
sooner than he would burn the wood Jeremiah PERKINS Admr.
of Joseph BALLANCE being present said he had no question to ask her further this
deponent sayeth not.
Ruthe [Her x mark]
BRINSON
Signed & Sworn to the 13th Day of March 1802 between
the hours of 12 & 4 oclock before us
S. FEREBEE, JR.
Thos. WILLIAMS JP
Page 4
Joseph FEREBEE
vs
Jeremiah PERKINS Admr of Joseph BALLANCE
And the said
Jeremiah PERKINS by William SLADE his
Attorney comes and Protesting that he is no wise guilty of the said trespass
as the said Joseph declares against him for Plea saith that the said
Joseph BALLANCE did on or about the [nothing written] day of
June or July in the year 1801 and more than two Terms of this Honorable
Court before the said Joseph FEREBEE send out his writ of Sei. Fa. against this defendant to revise
his said suit, as the act of the General Assembly in such case made &
provided caveats? and this he is ready to verify and therefore prays Judgment of
the said writ of Sei. Fa. and that it may be Quashed.
/s/ W. SLADE Plfs Atty
Jeremiah PERKINS maketh oath that the above Plea by him Pleaded is True in Substance and
matter of fact.
/s/ Jeremiah PERKINS
Sworn to in open Court this 14 day of April 1803
Sworn to in open Court April 14th 1803.
Test.
Will. BLAIR Clk
Page 5
State of North Carolina ---To the Sheriff of Currituck County Greeting:
Whereas lately in the Superior Court of law, held for the District of
Edenton Joseph FEREBEE impleaded Joseph BALLANCE then
being in custody &c. In an action of Trespass victarmis, and afterwards
the said Joseph BALLANCE died Intestate & Jeremiah PERKINS
was appointed Administrator of all & singular the goods & chattels rights &
credits, of the said Joseph BALLANCE, the said suit being then at
issue in the said court, whereby the said suit abated, & now on behalf of
the said Joseph FEREBEE the court being informed that Judgment in the said suit has not been
given, & being willing that those things which are just in the behalf should
be done, do therefore command you that you make known to the said Jeremiah
PERKINS that he be and appear before the Judges of the said Court, to be
held for the said District, at the Courthouse in Edenton on the sixth day of
April next, to shew cause, if any he can, wherefore the said Joseph FEREBEE
should not proceed to judgment on his said action, according to the form &
effect of the act of Assembly in that case made & provided, if it shall seem
expedient for him so to do: & further to do & receive what shall be
considered of by the said Court in this behalf, & have you then & there this
writ. Witness William BLAIR Clerk of the said Court at
Edenton this 19th day of October Anno. Dom. 1802.
/s/ Will. BLAIR Clk
Page 6
State of North Carolina ---To the Sheriff of Currituck County Greeting:
You are hereby commanded to summons
Jeremiah MERCER
the Elder and Anthony SIMMONS, if to be found in your Bailiwick, personally
to be and appear before the Judges of our Superior Court of Law at Edenton,
on the Sixth Day of October next, then and there, to testify & the truth to
say in behalf of the Defendant, in a certain matter of controversy
now depending and at issue in Our said Court and then there to be tried
wherein Joseph FEREBEE is Plaintiff and Joseph BALLANCEs Admin.
is Defendant and
this they shall in no wise omit under the penalty enjoined by Law. Witness
William BLAIR Clerk of our said Court at Edenton the XXth day of April in
the XXVIIth Year of our Independence Anno Dom. 1803.
/s/ Will. BLAIR Clk.
Page 7
Trial Docket to Currituck August Term 1800
Joseph FEREBEE vs Joseph BALLANCE
- Trespass Victarmus
Not
guilty State Limtn (Statute of Limitations?)
Contd on the affidavit of the Plaintiff
Order to take Depositions on both
Sides De____?
Issue notice 10 days
Trial Docket to Currituck November Term 1800
Joseph FEREBEE vs Joseph BALLANCE
- Trespass Victarmus
Not
guilty State Limtn (Statute of Limitations?)
Contd
Trial Docket to Currituck February Term 1801
Joseph FEREBEE vs Joseph BALLANCE
- Trespass Victarmus
Not
guilty State Limtn (Statute of Limitations?)
Jury to wit. Thos. COX 1 Jesse HALSTEAD 2
Jeremiah
MERCER 3 Joseph GREGORY 4 Mitchel GREGORY 5 John WESKETT 6
Simon WILSON 7
Samuel BAXTER 8 Jesse TAYLOR 9 John SEARS 10 John PERRY 11
Benjn TATUM 12. Empaneled and Sworn say the Defendant is not Guilty
The Plaintiff being dissatisfied with the Verdict of
the Jury craved an appeal to the Superior Court of Law and equely to be held
for the District of Edenton at the Courthouse in Edenton on the Sixth day of
April next which was granted an his giving bond with Thomas MERCER SEN.,
James COWEL and John WILLIAMS JUR. securities in the sum agreeable to law
and on his filing the following waivers his attorney being absent.
Joseph FEREBEE
vs
T.V.A. Currituck Feby Term 1801
Joseph
BALLANCE
Reasons in appeal because the Verdict of the Jury is
contrary to Law and Evidence which I think is Sufficient.
/s/ Joseph FEREBEE
I Certify the foregoing to be a True Transcript of the
records of the Court of Currituck County Examined this 4th day of
March in the year of our Lord 1801.
/s/ S. HALL
CCC
Page 8
State of North Carolina ---To the Sheriff of Currituck County Greeting:
We command you to take the body of Joseph BALLANCE if to be found in
your Bailiwick and him safely keep so that you have him before the Justices of
the county Court of Pleas and Quarter Sessions to be held at the Courthouse in
the County of Currituck on the Last Monday in May next then and their to answer
unto Joseph FEREBEE in a plea of Trespass
Victarmies to his Damage Two hundred pounds. Herein fail not and have you then and their this writ
and how you have Executed the same.
Witness Spence HALL Clerk of the said
[Court] at Currituck this
second day of March in the year of our Lord 1799.
/s/ Thos. BAXTER Dy Clk
I John WILLIAMS do agree to become Security for the
Prosecution of the above suit and to pay all costs & Damages in Case of the
Plaintiff being last agreeable to an act of Assembly in such case made &
provided. As witness my hand and seal this 13th day of
April Anno Dom 1799.
/s/ John WILLIAMS seal
Witness
T. BAXTER Dy Clk
New Actions to Currituck May Term 1799
Joseph FEREBEE vs Joseph BALLANCE - Writ Trespass Victarmus
Not to be found by J. PERKINS Shrff
Alias writ issued Returnable to Augt Term 1799
New Actions to Currituck August Term 1799
Joseph FEREBEE vs Joseph BALLANCE - Trespass Victarmus
Not guilty State Limtn (Statute of Limitations?)
Contd
Trial Docket to Currituck November Term 1799
Joseph FEREBEE vs Joseph BALLANCE
- T.V.A.
Not
guilty State Limtn (Statute of Limitations?)
Trial Docket to Currituck Feby Term 1800
Joseph FEREBEE vs Joseph BALLANCE
- T.V.A.
Not
guilty State Limtn (Statute of Limitations?)
Page 9
Joseph FEREBEE
vs
T.V.A. Currituck May Term 1799
Joseph
BALLANCE
Writ Dock.& Bond Tax Record
..... 0..19..0
August Term 1799 Alias
Writ
........ 3..0
2 Subpas 1/6
each
............. 3..0
Feb. Term
1800 Cont 3/ May
Term Do 3/
..... 6..0
August Term 1800 Do 3/Nov.Term
Do 3/
..... 6..0
Feb. Term 1801 Determenation
...
.. 7..6
To a receipt? of record 8/ Sum
on Do 10/
..... 18..0
______
Clk
...
£3..2..6
Sheriff J.P
..
. 16..8
Atty W.S.
.......
2..0.0
Jeremiah MERCER 2 Witness Tuckers Amt.. 1.10.0
______
£7...8..2
[SOURCE: Manuscript and Archives
Reference System (MARS);
Edenton District
Superior Court Estates Records 1756-1806; MARS ID: 398.6.29 (Box);
Microfilm C.201.1905429]
Transcribed by
Judy Merrell Brickhouse,
August 2006 |
