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Currituck County Miscellaneous Estates

William Ferebee (1790)

Page 1
       Daniel DUNTON
       }     Edenton Supr Court of Law
                   vs                     }     Oct Term 1793
Wm FEREBEEs Exec. et al}
     These are to certify that Samuel SALYEAR JUNr hath attended this Court One day this term as a witness for the plaintiff in this suit.

Attending 1 day at 8/shillings per day   8 shillings  
Traveling 140 miles at 8/shillings per thirty miles 1 17 shillings 4 pence
Ferriages   14 shillings  
Certificate and probate     8 pence 
[Total] 3    

Sworn to before me,
     /s/ Will BLAIR Clk

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State of North-Carolina--To the Sheriff of Currituck County Greeting:
     You are hereby commanded to summon Samuel SALYEAR JUNr and Thos WILLIAMS personally to be and appear before the Honourable the Judges of the Superior Court of Law, to be held for the District of Edenton, at the Court-House in Edenton, on the Sixth day of October next, then and there to testify and the truth to say in behalf of Daniel DUNTON in a certain matter of controversy in the said Court depending, and then and there to be tried, wherein Daniel DUNTON is Plaintiff, and John WAMSLEY and the Executors of William FEREBEE Deceased is Defendants. And this you shall in no wise omit, under the penalty prescribed by law.  Witness William BLAIR Clerk of the said Court at Edenton the (Blank) day of (Blank) in the (Blank) year of the Independence of the said State, Anno Dom 17(Blank)
     /s/ Will BLAIR Clk

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State of North Carolina}       June Term 1791
        Currituck Co.       }
     Daniel DUNTON by his Atto Complains of John WALMSLEY& Wm FEREBEE Yeomen in custody, &c. of a plea, that they render to the said Daniel the sum of 206.13.4d which he the said John & William owe to and unjustly detain from the Plaintiff for this cause, to wit, That whereas the aforesaid John & William in the county of Currituck and State aforesaid by their certain writing obligatory, sealed with their seal and dated the 9 day of Sep 1790 bound themselves to the said Daniel in the sum of  206.13.4d Cus [cause] to be paid to the Plaintiff when they the said John & William should be thereunto required; nevertheless, the said John & William although often required, have not yet paid the said sum, but do neglect to pay the same, to the damage of the Plaintiff according to this writ in current money; and thereupon he brings suit.
     /s/ W.A. MELTON?

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     Know all Men by these Presents that We John WALMSLEY & William FEREBEE are held & firmly bound unto Daniel DUNTON all of the County of Currituck & State of North Carolina in the full Sum of two hundred & six Pounds thirteen Shillings & 4d Lawfull Money of this State to the just & true payment of which Sum We bind ourselves our Heirs Executors & administrators firmly by these presents sealed with our Seals & dated this ninth day of September in the year of our Lord one thousand seven hundred & ninety.
    Now Know Ye that if the aforesaid John WALMSLEY shall pay or cause to be paid the Sum of one hundred & three Pounds eight shillings & 8d unto the aforesaid Daniel DUNTON his Heirs Executors & Assigns on or before the first day of April next, then this Obligation to be void otherways to remain in full force & virtue.
     /s/ John WALMSLEY         seal
     /s/ Wm FEREBEE security   seal

Signed Sealed & delivered in presence of us
     /s/ Saml SALYEAR JUNr
    
/s/ T.P. WILLIAMS

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State of North Carolina--To the Sheriff of Currituck County Greeting:
     You are commanded to take the bodys of John WALMSLEY and William FEREBEE (if to be found in your Bailwick), and them safely keep so that you have them before the Justices of the County Court of Pleas and Quarter Session to be held for the County of Currituck at the Court house in Currituck on the fourth Monday in June next, then and there to answer Daniel DUNTON of plea that they render to him one hundred & three pounds eight shillings and Eight pence which to him they owe & unjustly detain from him &c, Damage fifteen Pounds & Herein fail not & have you then and there this Writ.  Witness Hollowell WILLIAMS Clerk of the said Court at Currituck the 30th Day of March in XV year of our Independence Anno Dom 1791.  5/Tax Pleas?/ Plaintiff
     /s/ Hollo WILLIAMS CCC

     Danl DUNTON        }   Currituck June Term 1791
                 vs                   }   Executed by Thos P. WILLIAMS Sheriff
John WALMSLEY et al}

Danl DUNTON             }    September Term 1791
                 vs                   }    Order to issue ___ ___ Ag. The Exctrs of William FEREBEE
John WALMSLEY et al}

State of North Carolina--To the Sherriff of Currituck County Greeting:
     Whereas Daniel DUNTON late of our said Court of Pleas & Quarter Session. To Wit in June Term one thousand Seven hundred Ninety one [in the] XV year of our Independence before the Justices of our said Court by our Writ had Impleaded John WALMSLEY and William FEREBEE of a Plea of Debt & for one hundred and three pounds eight shillings and eight pence &c. Damage 15 &c. declaring the same plea against them, that whereas the Said John WALMSLEY & William FEREBEE

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and therefore he brought his suit &c. and it was proceeded in our said Court in such manner and in the Term afsd by our said Court, and was considered that the said Daniel ought to have received his Det Damage etc. against the said John WALMSLEY & William FEREBEE occasioned by not performing the promises and undertakings aforesaid but because it was not known what Damages the said Daniel DUNTON had Sustained on Occasion of not performing the promises and undertakings aforesaid therefore it was considered by the said Court that the same should lay over until the fourth Monday in December that by a Jury duly summoned to try all issues existing in the said Court agreeable to act of Assembly in that case made & provided it should be Diligently inquired what Damages the said Daniel DUNTON has sustained as well on the occasion of the not performing the promises & undertakings aforesaid for his cost and damages by him about his suit in that behalf laid out, the Inquires nevertheless of the Debt and Damages aforesaid yet remaineth to be made; for that the said William FEREBEE at Currituck made his last Will and Testament in Writing and thereby constituting Chloe FEREBEE Executrix and Deceased after whose Death said Chloe FEREBEE proved the Said Testament in due form of Law and took the burthen of the said Testament on her, and became liable, we willing those things which is owe said Court an Right, be duely carried into Execution.
     We Command you that by good & Lawful men of your Bailiwick you make known unto the said Chloe FEREBEE Executrix of the said William FEREBEE deceased that she before the Justices of our Said Court on the Fourth Monday in December to show if she hath knoweth anything to say for her self why the Damages aforesaid by him the said William FEREBEE Deceased on acct. of not performing the promises & undertakings afsd in the action aforesd sustained should not be asseptd and adjudged to the said Daniel DUNTON according to form of Statute & Law in such case made and provided if to have it shall seem expedient and have you then and there the names of them by whom you shall make it known to her, and this Writ.  Witness Hollowell WILLIAMS Clerk of our Said Court at Currituck the XXIX day of September Ann Dom 1791 in XVI year of our Independence.
     /s/ Hollo WILLIAMS CCC

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     Danl DUNTON       }December Term 1791
                 vs      Debt 3  }Scr. Fias. Executed on Wm FEREBEEs Executors
John WALMSLEY et al} Gen. GREGORY & Saml FEREBEE present;
Thos P. WILLIAMS Sherriff

     Danl DUNTON        }March Term 1792
                 vs       4          }
John WALMSLEY et al}
    
Then came Defendants by Wm CUMMING & William BLAIR their Atto & sayeth Paymt for John WALMSLEY Admr of Wm FEREBEE pleads in Bar that Wm FEREBEE is dead Dis_____? Genl?

     Danl DUNTON        }August Term 1792
                 vs                   }
John WALMSLEY et al}
    
The Executr of William FEREBEE by William BLAIR their Atto pleads bar? Special when filed that the obligation Declared as by the Plaintiff being joint they are Discharged from this suit by the Death of William FEREBEE &c.

Jury Robert BERNARD Saml WHITEHURST, Griffith DAUGE Thomas MERCER JUNr Elias DAUGE Anthony SIMMONS Robert POYNER John HUTCHINGS, Zachariah MORSE Asa LEE Richd BUNT, and Richd HUTCHINGS

Empannelled & Sworn Say that the Defendants have paid no part of the obligation declared on, & that the Executrix of William FEREBEE are not discharged of the Debt declared on.  Assess 6d Damage & 6d Cost.

The Defendant by William BLAIR his attorney says these Defendants having pleaded the death of their Testator in abatement, the Court over Ruled the plea & ordered the Jury to be impannelled in this cause without awarding a Responders Ouster?.

2dly these Defendants Conceived the Scr Fas to __vice to have been irregularly issued moved to Set it aside & that they might be Discharged, the court over Ruled the motion. All which proceedings then defendants conceive to be Contrary to Law. And the reasons above given I conceive to be sufficient to entitle them to an appeal.
     /s/ Wm BLAIR Atto for Wm FEREBEEs Extrx

Which is granted, Joseph FEREBEE & Thomas P. WILLIAMS Securitys approved of by the Court
Copy test. Hollo WILLIAMS CCC

[SOURCE: Manuscript and Archives Reference System (MARS); Edenton District Superior Court Estates Records 1756-1806; MARS ID: 398.6.218 (Box); Microfilm C.201.190543


[This single page pertaining to the William FEREBEE estate was found in another box at the Archives and was possibly misfiled by the them.]

Page 1
State of North-Carolina--To the Sheriff of Currituck County, Greeting:
     You are hereby commanded, that of the goods and chattels of William FEREBEE decd in the hands of his Executors (in your bailwick) you cause to be made the sum of Two hundred & Six pounds thirteen shillings & 4d which lately in our Superior Court of Law at Edenton, Daniel DUNTON against them for debt and also the sum of Sixteen pounds Sixteen shillings & 10d for damages, by reason of the detention of the said debt, and for the cost and charges by him in his suit in that behalf expended, whereof the said William FEREBEEs Exors. are convicted and liable as to us appears of record, besides your own fees for this service. And have you the said monies before the Judges of the said court, to be held for the district of Edenton, at the Court House in Edenton, on the Sixth day of October next, then and there to render to the said Daniel DUNTON his debt dam. & cost and charges aforesaid. Herein fail not, and have you then and there this writ.  Witness William BLAIR Clerk of the said court, at Edenton the XX day of April in the year of our Lord one thousand seven hundred and ninety four.
     /s/ Will BLAIR Clk

[written on the back of the page]
  D. DUNTON         }   Edenton District - Oct. Term 1794
           vs                   }   Fi. Fa.
W. FEREBEEs Exec}

Recevd 3.0.0 for my commission on this Exect
     /s/ Saml SALYEAR Sheriff

The sum of One hundred & three pounds Eight shillings & eight with interest from 1st Apl 1791 till pd & all costs with all charges this Exon.
     Test.  Will BLAIR Clk

Clk 2 8 shillings  
Atto 5    
This Cort   5 shillings 4 pence
???? ???? 4 1 shilling 4 pence 
Saml SALYEAR 3    
Costs below 6 2 shillings 2 pence
  16 16 shillings 18 pence

[SOURCE: Manuscript and Archives Reference System (MARS); Edenton District Superior Court Estates Records 1756-1806; MARS ID: 398.6.949 (Box); Microfilm C.201.1905946

Transcribed by Judy Merrell Brickhouse, August 2006

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2006  Kay Midgett Sheppard