Elizabeth Church 1759

North Carolina   Oct. Sup. Court 1759
Edenton
    Nicholas NICHOLSON late of Currituck County in the Province aforsaid Planter was attached to answer to Caleb CHURCH Administrator of all and singular the goods and chattels rights and credits which were of Elizabeth CHURCH Dec^d of a plea of trepass on the case and where upon the said plaintif by Jasper CHARLTON his Attorney explains that whereas the said _____ on the first Day of January in the year of our Lord One thousand Seven hundred and Fifty Eight. At Currituck County in the province aforesaid was possessed of _____ goods and chattels to wit of one negro wench named Bridget & One girl named Abby of the price of One hundred Pounds sterling money of Great Britain __ of the proper goods and chattels of him the said Caleb administrator to the said Elizabeth CHURCH and being so thereof issued the said Caleb _______ to wit the said goods and chattels out of his hands and possession in which said goods and chattels __ last afterward to wit in the day and year above said at Currituck County afs^d namely finding to the hand possession of the s^d Nicholas NICHOLSON never the less the said Nicholas knowing the goods and chattels aforesaid to be the goods and chattels of said Caleb Administrator to the said Elizabeth CHURCH of right to belong and appertain & continuing & intending _______ the said Caleb of the goods and chattels afs^d contrived subtly to deceive & defraud the said goods and chattels afs^d to the said Caleb the office thereto required by the said Caleb to whom administration of all & singular the goods  and chattels rights and credits which were of the said Elizabeth CHURCH were in due and legal manner submitted not yet delivered but the same goods and chattels afterwards to wit on the day and year appeared at Currituck County afs^d to his own converthd(?) & disposed wherefore the said Caleb saith that he is injured & endamaged to the value of One Hundred Forty Pounds Proclamation money and there for he brings this suit and resorth? and he brings into court the letters of Administrations by which it will appear the said Caleb is Administrator.
     /s/ J.CHARLTON,  Att.

[SOURCE: Manuscript and Archives Reference System MARS site under Edenton District Superior Court Estates Records 1756-1806; MARS ID: 398.6.137 (Box)]

Elizabeth Church 1761 - 1765

Page 1
Norfolk County Virginia November 15^th 1765

     The deposition of Richard BALLANCE being first sworn deposeth and sayeth that Joseph CHURCH was the Eldest Brother to Elizabeth CHURCH at the Time of Her death, And that He always understood that Joseph CHURCH did sell a Negroe Girl to one James BUTTS.  Further sayeth not.
     The deposition of Elizabeth WILKENS, Katherine BALLANCE and Sarah BUTTS being first sworn deposeth and sayeth that Joseph CHURCH was the Eldest Brother to Elizabeth CHURCH at the time of Her death.  Sarah BUTTS further sayeth that Her Husband had the said Negroe Bridget, which Nicholas NICHOLS, has now in possession, In quiet Possession four or five years, Further sayeth not.
     The deposition of Bateman MILLER being first sworn deposeth and sayeth that Joseph CHURCH was the Eldest Brother to Elizabeth CHURCH and that Elizabeth CHURCH was an Inhabitant of Virginia and that She did not live above above four, five, or six months after She removed to Carolina, and further that her Negros were in Virginia at the time of Her Death, and further sayeth Not.

I do hereby Certify that I have carefully and Diligentley examined the above mentioned Witnesses, as well on behalf of Caleb CHURCH Plf. Ags. Nicholas NICHOLS Defendant, and in obedience to an order of the Chief Justice of the Province of Edenton
     /s/ Sam L. NAPPER

Page 2
North Carolina, SS

     George the Second, by the Grace of God, of Great-Britain, France, and Ireland, King, Defender of the Faith, &c. To the Sheriff of Currituck County, Greeting. We command you as before that you take Nicholas NICHOLSON Planter (if to be found in your bailiwick) and him safely keep, so that you have him before our Chief Justice, and the rest of the Justices of our Superior Court of Pleas and Grand Sessions to be held for the District of Edenton at the Court-House in Edenton on the 5? day of May next; then and there to answer Caleb CHURCH, Administrator of all and singular the goods and chattels rights & credits which were of ELIZABETH CHURCH deceased at the time of her Death of a Plea of Detenue Damages four Hundred pounds Proclamation Money.  Herein fail not, and have you there this Writ Witness Charles BERRY Esq. Chief Justice of our said Province, at Edenton the first day of December in the Thirty fourth Year of our Reign.
     /s/ Sam JOHNSTON

[on the back of pages 1 & 2 is written: CHURCH vs NICHOLSON; Executed and Security taken so says William BRAY, Sheriff; To May Sup. Court 1761, Edenton]

Page 3
North Carolina

   George the Third, by the Grace of God, of Great-Britain, France and Ireland, King, Defender of the Faith, &c. To the Sheriff of the County of Chowan Greeting. We command you to summons Benj. NOTHEN Sarah BARNES & Samuel BERNARD personally to be and appear before our Chief Justice, and his Associate Justice of our Superior Court of Justice, to be held for the District of Edenton at the Court House in Edenton on the XX^th May next; then and there to testify, and the Truth to say, on Behalf of Nicholas NICHOLS in a certain Matter of Controversy in our said Court depending, and then and there to be tried, between CHURCH Adm. Plaintiff, and Nicholas NICHOLS Defendant; and this they shall in no wise omit; under the Penalty of Twenty Pounds Proclamation Money, Witness Charles BERRY Esq.; Chief Justice of our said Province, the XXX^th day of November in the fifth year of our Reign, Anno Dom 1762.
     /s/ Sam. JOHNSTON

[on the back of page 3 is written: CHURCHES Adm. vs NICHOLAS; Executed to Say C. ROBERTS; May 1765, Chowan]

Page 4
  North Carolina  }     Bail Bond
Currituck County }

    Know all men by these present that We Nicholas NICHOLSON Thomas FEREBEE & Samuel BRIGH_ all of the County of Currituck in the province of North Carolina Planters are held & firmly bound unto William BRAY high Sheriff of the said County to him his heirs Executors Administrators or Succeeding Sheriffs or assigns in the full and Just Sum of Eight hundred pounds proclamation Money and for the hole and in the hole Sum we and Each other do bind ourselves And Each of our heirs Executors Administrators and Assigns as Witness our hands and seals this 4^th Day of March Anno Dom 1761.
     The Condition of this obligation is Such that if the above bounden Nicholas NICOLSON shall well and make his personal appearance before Our Chief Justice and his Associate Justices of our Superior Court of Pleas Grand Session to be held for the District of Edenton at the Courthouse in Edenton on the Twentyeth Day of May next and shall then and there Answer Caleb CHURCH Administrator of all and Singular the goods and chattels of Rights and Credits which were of Elizabeth CHURCH deceased at the time of her Death of a Plea of Detinue Damage four hundred pounds Proclamation money and Shall Stand to the Judgment of the said Courte in Cause and not departe the s^d Courte without Licence first had and obtained that then the above obligation is to be void and of no effect otherwise to remain in full power and Virtue in Law.
     Nicholas [His N mark] NICHOLSON   seal
     Thos. FEREBEE                                    seal
     Samuell [His S mark] BRIGHT              seal

Signed sealed and Delivered in presents of
     THOMAS CHANDLER
     ROBERT [His x mark] SAMSON

Page 5
North Carolina

     Caleb CHURCH Administrator of all and singular the goods and Chattels Rights and Credits which were of Elizabeth CHURCH deceased who died intestate complains of Nicholas NICHOLS being in Custody and so forth, for that, that whereas the said Caleb as administrator of the said Elizabeth [torn] day of January in the year of our Lord one thousand seven hundred and sixty three at Currituck County was possessed of three Negroe [torn] to wit, of one Negroe Woman named Bridget of the Price of One Hundred & fifty pounds proclamation money of one Negroe boy named Jack price of one hundred pounds like money, one negroe girl named Chaney of the value of four hundred pounds and one Negroe girl called Abby of price of one hundred pounds like money in the whole amounting to the Sum of [torn] Hundred & fifty pounds proclamation Money which said Slaves afterward on [ torn] day and year and at the place aforesaid the said Caleb CHURCH casually [torn] of his hands and possession which said Slaves afterwards to wit on the [torn] day and year and at Currituck County aforesaid came by finding to the [torn] and possession of the said Nicholas NICHOLS Nevertheless the said Nicholas NICHOLS knowing the Slaves aforesaid to be the proper Slaves of the said Caleb CHURCH as Administrator of the said Elizabeth and to him the said Caleb of right [torn] and assertain Yet contriving and fraudulently intending craftily [torn] to deceive and defraud the said Caleb CHURCH in this particular hath [torn] requested not delivered the said Slaves to the said Caleb CHURCH but [torn] when the [torn] at Currituck County aforesaid conventily(?) [torn] possessed of the Said Slaves to his own proper use to the damage of the said [torn] CHURCH the Sum of four hundred pounds proclamation Money and thereof [torn] this Suit &c. And he brings hereunto Court the Letters of Administration (torn)tify the committing the said Administration in form aforesaid [torn] where of is the day and Year aforesaid [torn]firming Att. ______ Pledges proxey? John DOE and Richard ROE

[on the back of page 5 is written: Caleb CHURCH, Adm. vs Nicholas NICHOLS; Nov. Term 1765]

Page 6
Caleb CHURCH Administrator of Elizabeth CHURCH}
                                       vs                                              }     Replication
                     Nicholas NICHOLAS [sic]                        }

     And the said Caleb CHURCH says, that he by any thing before alledged ought not to be precluded from having his Action aforesaid because he say that within three years now last passed to wit, on the first day of January in the year of our Lord one thousand seven hundred and forty three & above said, the Administration aforesaid was duely committed to the said Caleb CHURCH in form aforesaid, to wit, at Wilmington aforesaid, whereby the same Action within these three years did accrue to the said Caleb CHURCH and he is ready to satisfy: Wherefore he prays Judgment and his Damages by reason of the premises to be adjudged to him.
     /s/ Will CUMMING Att. SC Quar.

Page 7
North Carolina

     George the Third, by the Grace of God, of Great-Britain, France, and Ireland, King, Defender of the Faith, &c.  To the Sheriff of the County of Currituck, Greeting. We command you that you take the Body of Nicholas NICHOLS late of Currituck County in the province afs^d Planter (if to be found in your Bailiwick) and him safely keep, so that you have him before our Chief Justice, and his Associate, at the next Superior Court of Justice, to be held for the District of Edenton at the Court House in Edenton on the XX^th day of November next; then and there to answer Caleb CHURCH Administrator of all & singular the goods and Chattels Rights & Credits which were of Elizabeth CHURCH deceased of a plea of Trespass on the case etc. Damage four hundred Pounds proc. Money of North Carolina etc.
     Herein fail not, and have you there this Writ. Witness Charles BERRY Esq; Chief Justice of our said Province at Edenton the XX^th Day of May in the third Year of our Reign, Anno Dom 1763.
     /s/ Sam. JOHNSTON

Will CUMMING Att. SC Quar.         

[On the back of page 7 is written: Nov. 1763; Not Executed to Say Wm. BRAY Sheriff; W. CUMMING, AC; Currituck]

Page 8
Caleb CHURCH Administrator of Elizabeth CHURCH}
                                        vs                                             }   Repled
                            Nicholas NICHOLS                           }

   And the said Caleb as to the second plea of the said Nicholas by him secondly pleaded in Bar, saith that not with standing any thing by the said Nicholas in that Plea above alledged he ought not to be barred from having his said Action, Because he saith, that within the three years above mentioned to wit, on the first day of January in the Year of our Lord one thousand seven hundred and sixty three above mentioned Administration was granted to the said Caleb in manner and form aforesaid at Currituck aforesaid, by which the said Action within these three years last passed hath accrued to the said Caleb, And this he is ready to verify, wherefore he prays Judgment, and that the said Negroes goods and Chattels mentioned aforesaid together with his Damages may be adjudged to him.
     /s/ Will CUMMING Att. SC Quar.

Page 9
North Carolina

     George, the Third, by the Grace of God, of Great-Britain, France and Ireland, King, Defender of the Faith, &c. To the Sheriff of the county of Currituck Greeting. We command you as before that you take the body of Nicholas NICHOLS late of Currituck County in the province afs^d Planter (if to be found in your Bailiwick) and him safely keep, so that you have him before our Chief Justice, and his Assistant, at the next Superior Court of Justice, to be held for the District of Edenton at the Court-House in Edenton on the XX^th Day of May next; then and there to answer Caleb CHURCH Administrator of all and singular the goods and Chattels Rights & Credits which were of Elizabeth CHURCH deceased of a Plea of Trespass on the Case with Damage Four Hundred Pounds Proc. Money of North Carolina.
     Herein fail not, and have you there this Writ. Witness Charles BERRY Esq; Chief Justice of our said Province, at Edenton the first Day of December in the fourth Year of our Reign, Anno Dom 1763.
     /s/ Sam. JOHNSTON

Page 10
North Carolina
Currituck County

     Know all men by these presents that We Nicholas NICHOLS Benj. NORTHEN George POWERS all of the County and province afs^d Are held and firmly bound unto William BRAY Sherriff of the same County in the full and Just Sum of Eight hundred pound, Proclamation Money to the said William BRAY his Certain Attorney his heirs Exec. Administrators or Succeeding Sherriffs and Truly to be made and Don we bind our Selves our heirs Executors Administrators Each & Every of them Joyntly and Seaverly firmly by these presents Witness our hand this 17 Day of March Anno Dom 1764.
     The Condition of this obligation is such that if the above Bounden Nicholas NICHOLS do and Shall well and Truly Make his personal appearance before our Chief Justice at our next Superior Courte of Justice to be held for the District of Edenton at the Court House in Edenton on the XX^th Day of May next and Shall then and there answer to Caleb CHURCH Administrator of all and Singular the goods and Chattels Rights and Credits which were of Elizabeth CHURCH Deceased of a Plea of Trespass on the Case where his Damages is laid to four hundred pounds like money and shall Stand to and abide by the Judgment of our s^d Court in Cause and not departe the same without Licence first had and Obtained then the Above Obligation is to be void and of no Effect otherwise to Remain in full force and Virtue in Law.
     /s/ Nicholas [His N mark] NICHOLS   seal
     /s/ Ben NORTHEN                              seal
     /s/ George POWERS                            seal

Signed sealed and  Delivered in presents of
     /s/ Willes ETHERIDGE

[SOURCE: Manuscript and Archives Reference System (MARS) site under Edenton District Superior Court Estates Records 1756-1806; MARS ID: 398.6.137 (Box)]

Elizabeth Church 1767 - 1768

Page 1
North Carolina

     George the third by the grace of God of Great Britain France & Ireland King Defender of the faith. To the Sheriff of Currituck County Greeting We command you that of the goods & chattels Lands & Tenements of Nicholas NICHOLS in your Bailiwick you were to be made One hundred forty pounds thirteen shillings & nine pence half penny which lately in our Superior Court at Edenton Caleb CHURCH Admin. of Elizaabeth CHURCH [torn]ed  against him as well for his damages which he sustained by reason of the Coversion of certain Negroe Slaves as for his Cost and Charges by him in his Suit in that Behalf expended where of the said Nicholas is convicted Beside your fees for this Service.
     So that you have the same monies before our Chief Justice & his Associate at the next Superior Court of Justice to be held for the District of Edenton at the Court House in Edenton the XX day of November next then & there to render to the s^d Caleb CHURCH his Damages Costs & Charges afs^d.
     Herein fail not and have you there this writ. Witness Martin HOWARD Esq. Chief Justice of our s^d Province at Edenton the XXXth day of May in the seventh year of our Reign
     /s/ Sam JOHNSTON

[On  the back of page 1 is written: CHURCH Admr. vs NICHOLS; Nov. 1767

Pages 2 & 3 - These pages are a list of Court Cost and Charges and is so hard to make out that I am just putting the total amount of the Cost-- 21 Pounds 17 shillings 10 pence.

Page 4
North Carolina

     George the Third by the grace of God of Great Britain France & Ireland The Defender of the faith & to the Sheriff of Currituck County Greeting We Command you that you cause to be made of the goods & chattels lands & Tenements of Nicholas NICHOLS in your Bailiwick. The Sum of One hundred forty one Pounds Seventeen Shillings & Ten pence half penny which lately in our Superior Court at Edenton Caleb CHURCH Adm. Of Elizabeth CHURCH recovered against him as well for his Damages which he Sustained by reason of the Conversion of Certain Negroe Slaves as for his Costs and Charges by him in his Suit in that Behalf expended whereof the said Nicholas is convicted, Beside your fees for this Service.
     So that you have the same monies before our Chief Justice & his Associate at the next Superior Court of Justice to be held for the District of Edenton on the XXth day of May next then & there to Caleb CHURCH his Damages Cost & Charges aforesaid.
     Therein fail not and have you there this Writ. Witness Martin HOWARD Esq. Chief Justice of our said province at Edenton the XXX^th day of Nov. the Eighth Year of our Reign.
     /s/ Sam. JOHNSTON

[On the back of page 4 was written: May 1768]

[SOURCE: Manuscript and Archives Reference System (MARS) site under Edenton District Superior Court Estates Records 1756-1806; MARS ID: 398.6.882 (Box)]