Malachi Valentine - 1801

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State of North Carolina}     April Term 1801
     Edenton District      }
     Nathan HALL administrator of Malachi VALENTINE Deceased a soldier in the late Continental Army of the time of this State, complains of of [sic] Benjamin McCULLOUGH Deceased in custody &c. Further Cause to wit for that whereas the said Benjamin to wit on the 1^st day of January in the year 1787 at Halifax. To wit at Edenton in the County of Chowan & district aforesaid was indebted to the said Malachi in the sum of ninety nine pounds sixteen shillings & ten pence Current money, for money he the said Benjamin McCULLOUGH before that time had had and received to the use of the

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Said Malachi and being so indebted he the said Benjamin, in consideration thereof afterwards to wit on the same day and year aforesaid at Halifax to wit at Edenton in the County aforesaid and District aforesaid ___utook and then and there faithfully pronounced the said Malachi to pay him the said sum of money when he should be afterwards thereto Required. Nevertheless the said Benjamin McCULLOUGH in his lifetime, nor since the death of him the said Benjamin have not paid to the said Malachi in his lifetime nor to the said Nathan the administrator of the said Malachi since the death of him the said Malachi the said sum of money or any part thereof, but have heither to refused and still refuses

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Although after thereunto requested, whereby the said Nathan saith that he is damnified, and hath sustained injury to the value of two hundred and fifty pounds and he brings into Court here the letters of administration granted to him in Aug. Term of the worshipful County to wit of Pleas and Quarter Session of the County of Currituck in the year 1800, which shews that he is the administrator of the said Malachi.
     /s/ W. SLADE Plfs. Atto.

Pledges
     Jn^o DOE
     Rich^d ROE

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State of North Carolina

To the Sheriff Hallifax County, Greeting:
     You are hereby commanded to summon Willie JONES Executor of Benj. McCULLOUGH Dec. (if to be found in your county) so that you have before 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 in April next; then and there to answer to Nathan HALL adm. of Malachi VALENTINE Dec^d of a Plea of Trespass on the case &c. to his Damage Two hundred & fifty pounds Current money. Herein fail not, and have you then and there this writ. Witness William BLAIR, Clerk of our said court, at Edenton, the sixth day of October 1800 and in the 25^th year of our Independence.
     /s/ Will BLAIR Clk

Issued 14^th March 1801
     W. SLADE Atty.

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    M. VALENTINEs adm. }
                      vs                   }             
Benj. McCULLOCHs Exor}
     And the said Willie JONES, by Peter BROWNE his attorney, comes & defends the force & injury & says that the said Benjamin McCULLOCH sometime in the year 1792 or 1793 in the county of Halifax & State aforesaid died intestate, after whose death administration of all & singular the goods & chattels rights & credits which were of the said Benjamin McCULLOCH at the time of his death by the worshipful the Court of Pleas & Quarter Sessions for the County of Halifax aforesaid to which the Commission of the administration aforesaid did of right belong during the February Sessions of the said Court which happened in the year 1793 to the same Willie JONES in due form of law was committed in which case the said Willie JONES ought in the said writ to be named administrator of all & singular the goods & chattels of the said Benjamin McCULLOCH & not executor of the testament of the said Benjamin McCULLOCH: And this he is ready to verify: Wherefore he prays judgement of the said writ, & that writ may be quashed.
     /s/ Willie JONES
               P. BROWNE att^y for Def^t

The within plea in Abatament was duly sworn before me this 4^th day of April 1801
     /s/ Good. DAVIS
               Comm. of Affad^ts for Halifax County

[SOURCE: Manuscript and Archives Reference System (MARS); Edenton District Superior Court Estates Records 1756-1806; MARS ID: 398.6.706 (Box)]; Microfilm C.201.1905675

To the Sheriff (blank) County, Greeting:
     You are hereby commanded that of the goods and chattels, (empty space nothing written) (in your Bailiwick) you cause to be made the sum of Seven Pounds eighteen shillings & 4 pence which lately in our Superior Court of Law at Edenton, was taxed and adjudged to the officers of our said Court as the costs and charges of a suit there brought by Nathan HALL Adm. of Malachi VALENTINE deceased against Benjamin McCULLOCKs Adm. whereof the said Benjamin McCULLOCKs 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 our said Court, at Edenton, on the Sixth day of April next, then and there to render to the said officers for their costs 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 XIX^th day of October in the XXVII^th year of the Independence of the said State, Anno Dom. 1802.
     /s/ Will BLAIR Clk

To the Sheriff Currituck County, Greeting:
     You are here by commanded, that of the goods and chattels, of Malachi VALENTINE Deceased in the hands of Nathan HALL Administrator & of the said Malachi (in your bailiwick) you cause to be made the sum of Seven Pounds thirteen shillings and four pence which lately in our Superior Court of Law held for the district of Edenton, was taxed and adjudged to the officers of our said Court as the costs and charges of a suit there brought by him against Benjamin McCULLOCKs Exo^r Whereof the said Nathan HALL is 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 officers for their costs 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 XVIII^th day of April in the XXV^th year of the independence of the said State, Anno Dom 1801.
     /s/ Will BLAIR Clk

[SOURCE: Manuscript and Archives Reference System (MARS); Edenton District Superior Court Estates Records 1756-1806; MARS ID: 398.6.1326 (Box)]; Microfilm C.201.1905948