Currituck County Miscellaneous Estates

Carter Barnard (1783-1794)

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State of North Carolina   SS

     John DENN?/DONN? late of Currituck County Yeoman was attached to answer Richard JONES in a Plea wherefore with Force and Arms he entered into Two hundred Acres of land lying and being in Currituck County Beginning at Swann’s Landing ______ an half North fifteen degrees, East fifteen Chains along Barnard TATEMs? to a poplar thence South forty nine degrees East four Chains Seventy five links to a poplar thence North forty five degrees East forty eight Chains to corner Gum thence North Westerly by a Line of Mirkt Trees binding Willoughby D_____? and ye Hen.? GREGORY the [next several words too dim] Dogwood by the said GREGORY’s House thence South Westerly binding on Griffen GREGORY the _____ down to the River Swamp then binding with the said Swamp to the first Station.
     With the appurtenances which Thomas BARNARD an Infant the Son and Heir of Carter BARNARD deceased devised to the said Richard FEN?/FON? for Term which is not yet expired and ejected him from his said Farm, and other wrongs to him did to the great Damage of the said Richard FENN?, and against the Peace and Dignity of the State and so Forth.
     And Whereupon the said Richard FEN? by William CUMMING his Attorney complains that whereas the said Thomas BARNARD an infant, Son and Heir of the said Carter BARNARD deceased on the First day of May in the year of our Lord One Thousand Seven hundred and Eighty three at the County of Currituck The said Tenements with the Appurtenances To have and to hold the said Tenement with the Appurtenances to the said Richard FEN?/FON? and his Assigns, from the said first day of May in the Year aforesaid To the full End and Term of five years fully to be compleated and ordered by Virtue of which said Devise the said Richard FON? entered into the said Tenement with the appurtenances and was thereof possessed and the said Richard FON? being so thereof possessed, The said John DONN?/DENN? afterwards To wit on the Tenth day of the said Month in the said year with Force and Arms and so forth at the Coutyt aforesaid entered into the said Tenement with the appurtenances which the said Thomas BARNARD had devised to the said Richard FONN? in manner aforesaid, for the Term aforesaid which is not yet expired, and ejected the said Richard out of his said Farm and other wrongs to him did to the Damage of the said Richard and against the Peace and Dignity of the said State, Whereupon the said Richard saith he is injured and hath Damage to the Value of Twenty Pounds Specie, and thereupon he brings his Suit and So forth.
     /s/ Will CUMMING Atty for Plt.

And there are Pledges of Prosecuting
     JOHN DOE and
     RICH. ROE

To Mr. Alexander LINDSEY
     I am informed that you are in Possession or Claim title to the Premisses in this Declaration of Ejectment mentioned or to some Part Thereof: And I being Sued in this action as a Casual Ejector And having no Claim or Title to the same do advise you to appear before the Judges of the Superior Court of Law and Equity to be held for the District of Edenton at the Court House in Edenton, on the first day of November Next and then and there by a Rule of Court, to cause yourself to be made Defendant in my Stead: Otherwise I shall suffer Judgment therein to be entered against me and you will be turned out of Possession.      August the 21st. 1783

I am Your Loving Friend
     John DENN?/DONN

[On the back of page 1 is written: Edenton Supr Co.; Richd FEN on the Devise of Thomas BARNARD vs John DENN?; Currituck; On the 8th October 1789 Served the within LINDSAY With Copy to Say Spence HALL, Sheriff; CUMMING, Atty.]

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Consideration whereof & for as much as your Orator is without redress in the Premisses except before your Honors where matters at this sort are properly cognirable? & relievable
     To the end therefore that the said Thomas BARNARD & Thomas SANDERS may on their respective corporal Oaths true & perfect answer make to all & singular the premises as fully as if the same were herein again particularly, interrogated and repeated, and particularly that the said Thomas BARNARD may set forth & discover whether the said Carter BARNARD did not die seised & possessed among other property of the said Indian Ridge plantation about the time set within the Bill.  Whether he did not make his last Will & Testament and therein devise the said plantation to your Orator.  Whether the said Thomas BARNARD is not the Heir at Law of the said Carter BARNARD deceased & by virtue thereof has taken the said Plantation into his possession & sold the same as herein before is charged & for what Sum and what is now the true value thereof.  Whether he did not take the said Will and at the possession of the said John SANDERS & never after delivered the same to him again & whether the same is not now in his possession or what has become of the same And what is the date & tenor at the said Will and who are the Witnesses there to And that your Orator may have such relief in the premises as to your Honors shall seem agreeable to Equity & good Conscience.
     May it please your Honors to grant to your Orator Writs of Subpena &c. And your Orator will ever pray.
          /s/ Samuel BARNARD                          Blake BAKER

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State of North Carolina}
     Currituck County    }

     John SANDERS deposeth that about twenty four years past he the Deponant had in possession the last Will as he understood of Carter BARNARD that he Thomas BARNARD about three years came to his House and wanted to see it.  He this Deponant told him to look in the Chest where it was which he the said Thomas did and then carried it away Without the leave of this Deponant this Deponant saith that he had read the Will and to the best of his knowledge there was a Gift contained in the said Will of the Indian Ridge Plantation to Samuel BARNARD and further this Deponant saith not.

Three years Interlined
By order
Sworn to John SANDERSON

Sworn in open Court
This 27th day Feb. 1794
     Test. Holl. WILLIAMS CCC

The above is a true Copy of the Deposition of John SANDERSON [sic] filed in the Clerk’s Office at Camden County Examined this 6th day of April 1795.

     S.HALL CCC 

[SOURCE: Manuscript and Archives Reference System (MARS); Edenton District Superior Court Estates Records 1756-1806; MARS ID: 398.6.34 (Box); Microfilm C.201.1905429]

Transcribed by Judy Brickhouse

© 2006  Kay Midgett Sheppard