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Halifax County Court Minutes, 1832-1846
Microfilm C.047.30002
Part 1
May Term 1832
State of North Carolina
Halifax County
At a Court of Pleas and Quarter Sessions began and held for the County of Halifax at the Court House in the Town of Halifax, on the Third Monday of May A.D.
1832 (being the 21st day of said Month) Court met according to adjournment.
Present the Worshipful
Thomas Ousby }
Willis Johnston }Esquires
M. L. Wiggins }Justices
Isaac Faulcon }
A. W. Moore }
The venue being called, the following persons were drawn as Grand Jurors, To wit: Humprey S. Camp Foreman
James Lewis John Drew James J. Vaughan
Benj'n S. Baker Joyner Wheless Hardy T. Jackson
John G. Hamet Robt. Johnston John D. Bradley
James Hux Ransom Powell Solomon Powell Jr.
Who were duly sworn and charged, when they retired to business with James Jones Jr. a Constable sworn to attend them; County trustee to obtain a room.
On motion the following persons were permitted to obtain a License to retail spiritous liquors by the small measure agreeably to Law viz, Turner Brewer,
Moses Smith, James Shaw, Allen Webb, Wm. H. Pope, Henry Garrett, Turner Rutland, John Whitaker, Carey Whitaker Jr. and Arthur Pitman Jr.
Jurors to this Court were excused for the balance of this Term.
On Motion, it is ordered that Hardy Anderson be admitted time till August Court next to renew his Guardian bond.
On motion, it is ordered that the Guardians o f J. J. Drake have time till next Term to make Return.
Edward Crowell came into open court & surrendered to the Court the Indentures of Queen Jones, Henry Sally & Harrod Jones whereupon Asbury Crowell was
appointed master in his stead as Nancy Jones also, about 7 years of age, who entered into bond &c.
On motion Benj'n Kirby have time till August Court to renew his Guardian bond.
Ordered that the following County orders be issued, and that the County trustee pay the several persons the amount of their respective orders and that he be
allowed the same as his settlement, to wit:
Matthew Pierce one dollar & 80 cents his fees in a State prosecution against Negroes Willey & Mark the property of Green Mabry.
Russel Kingsbury Seven dollars & 70 cents for articles furnished the jail.
E. B. Smith clerk of Supr. Court Eight dollars & 12 cents fee &c wherein the State failed to convict.
James Simmons Shff. Seventeen dollars & 20 his fees &c.
James Simmons Sheriff be allowed for his extra services to this Court the sum of One hundred and Sixteen Dollars & 20 cents $16.20 of which is intended for
James Jones Senr.
Spier Whitaker County attorney twenty five Dollars.
Peyton Hicks Sixty four dollars for building a bridge across Great creek on the River Road leading from Halifax to Wilkins Ferry.
E. Griffin Sheriff of Martin County Ninety four dollars for Jail fees, and removing Lucein P. Vaughan from Martin County to Halifax.
M. H. Pettway clerk Thirty five Dollars for four Books for the use of the office.
Frank Whitfield four dollars & 38 his witness ticket in the case State vs Thomas Allen.
Whitmell H. Hardie four dollars for patrolling.
J. M. Turner four Dollars ------ditto
Mills Lawrence four Dollars ------ditto
Benj'n Hawkins four Dollars ------ditto
John Peebles four Dollars ------ditto
Jos. Sommerville four Dollars ------ditto
W. W. Skinner four Dollars ------ditto
A. Mabry four Dollars ------ditto
Wm. Richards four Dollars ------ditto
Wm Doyl four Dollars ------ditto
Isaac Sullivant four Dollars ------ditto
Sterling Brown four Dollars ------ditto
Gideon Allen Three Dollars & 63 his witness ticket in the
case State vs J. J. Crump.
Edwin Haskins Three Dollars & 63 cents ------ditto
Thos. W. Sommerville $3.63 ------ditto
Phillip G. Williams $3.63 ------ditto
Robert A. Pope $3.63 ------ditto
Geo. H. Baskerville $3.63 ------ditto
H. C. Wyatt $2.63 ------ditto
Beverly Dicken $2.90 ------ditto
William P. Walker $3.03 ------ditto
Thomas C. Willis $3.10 ------ditto
Benj'n W. Bass $3.63 ------ditto
Travis H. Jones $3.63 ------ditto
James R. Turner $8.40 for holding inquest &c over the body of Thomas Hutchins.
Wm. Whitfield $4 in the State case vs Thomas Allen D. J. Milliken $1.83 his ticket in the State case vs Jacob Pope
D. Tillery $5.10 his ticket in the case ------ditto------
T. M. Crowell $1.30 for going before Grand Jury
James Jones Jr. $7.33 his ticket State vs Jacob Pope
Whitmell J. Hill $4.16 ------ditto------
Benj'n Dicken $4.63 ------ditto------
Joseph Sommerville $2.86 ------ditto- State vs Thomas Allen
Adam N. Holt $7.09 -------ditto- State vs Chas. Dicken
Molcey Adams $3.10 -------ditto- State vs Wm. Holsford
Sandal Tucker $3.30 -------ditto------ditto------
The following Deeds, Deeds in trust, and bills of sales &c were exhibited in open Court and duly proved or acknowledged.
And on motion it was ordered that they be certified to the Register viz;
Deed Frances Avent to Jno. M. Kimbell proved by B. W. Avent.
Deed J. A. Anthony to Charles Shield acknowledged.
Bill of Sale- B. W. Edwards to Mary A. Pugh acknowledged.
Deed J. Simmons Shff to George W. Gary acknowledged.
Deed Charles Shields to John H. Anthony acknowledged.
Bill of Sale- Britton Duke to W. D. Simmons; have writing of James B. Atkinson the subscribing witness proved by C. Shield.
Deed J. H. Bradley to S J. Davis proved by Isham Matthews.
Deed Willis Johnston to Solomon Powell acknowledged.
Bill of Sale- J. H. Bradley to S. J. Davis proved by J. Matthews.
Deed J. Simmons Shff. to B. W. Avent acknowledged.
Deed John Dew to Sally Alsbrook proved by Henry Applewhite.
Deed Isaac Shearin to H. W. Gary proved by R. D. Aaron.
Deed Thomas W. Jenkins to Vincent Jarrall proved by Wilson Green.
Deed Hartwell Carter to Jno Carter Senr ack.
Deed of Gift- Hartwell Carter to his children ack.
Deed F. G. Price and Elizabeth Linza to Joshua Carprew proved by M. Weston.
Deed James Simmons Shff. to John Faulcon ack.
Deed Cadwaller Jones to Edw'd Morecock and Thos. M.
Squiggins proved by Pleasant Crump.
Deed Willis Johnston to H. P. Heath and Joseph Mason proved by the oath of R. J. Hawkins.
Deed Cadwaller Jones to Pleasant Crump proved by Thomas M. Squiggins.
Deed J. Simmons Sheriff to H. W. Gary ack.
Deed A. B. Marshall to H. W. Gary proved by Jas. Simmons.
Deed Thomas R. Nevill to H. Phillips proved by A. Holt.
Deed B. H. Halsey to J. J. Brinkley proved by J. J. Gray.
Deed James Partin to G. Jones proved by H. Holt.
Deed D. Champion & wife to E. Wilkins & John L. Wilkins, ordered to be registered.
Deed Mary Brinkle to Jeremiah J. Brinkley proved by J. J. Gray.
Deed Fred'k Goin to James Shaw proved by Thos. C. Willis.
Deed Hardyman Abbington to Maria L. Savage proved by Moses Smith.
Agreement between Wm. M. West and Willis Alston proved by John A. Binford.
Deed Robert Grimmer to Elija Pope proved by J. H. Parker.
Deed John Herbert to J. H. Carlisle proved by Jas. Boon.
Bill of Sale- John Burt to Wm Aaron proved by R. D. Aaron.
Deed John Purnell to Solomon Powell ack.
Bill of Sale- Eliz'h Dicken to Chas. Isles proved by J. A. Binford.
Deed of trust- Pink Dicken to Thomas Kirby &ac proved by H. R. Harper.
The last will and Testament of George Peebles dec'd was exhibited in open Court and duly proved by the oaths of Randolph S. Stubbs and Littlebury Gary, two
subscribing witnesses thereto on motion it was ordered to be recorded and thereupon, Thomas Ousby the Executor mentioned in said will, came into open court
and was duly qualified as Executor thereto.
The last will & testament of Benjamin Nevill Senr. was exhibited in open Court, and duly proved by the oaths of Egbert W. Lewis and Jno. D. Nevill, two
subscribing witnesses thereto, on motion it was ordered to be recorded and thereupon, Thomas R. Nevill the Executor therein named came into open Court and
was duly qualified as Executor thereto.
Administration on th Estate of George M. Bass was granted to Henry A. Bass who qualified and entered into bond of $1000 with Thomas C. Willis and James Shaw
his Securities.
Administration on the Estate of Richard Jones was granted to Johnathan R. Jones who entered into bond of one hundred hundred thousand dollars $100.00 with
Elizabeth Jones, Maria Jones, Mary Jones, Rebecca Jones and Henry Harris his Securities.
On motion, Norfleet H. Thomas was appointed a constable in District No. 13 who entered into bond of $4000 with J. Boon, N. Taylor and John Suit his
Securities;
John W. Simmons was reappointed one of the Coroners of Halifax County who entred into bond of $5000 with W. W. Brickell and James Simmons his Securities.
James R. Turner was reappointed one of the Coroners of Halifax County, who entered into bond of $5000 with Rice B. Pierce and Wm. Whitfield his securities.
List of Justices, appointed by the Court to take the list of Taxables & Taxable property in the County of Halifax for the year 1832, viz
In District No. 1 Benjamin W. Davis Esqr.
In District No. 2 Benjamin Edmunds Esqr.
---ditto--- No. 3 Lewis B.K. Dicken Esqr.
---ditto--- No. 4 Thomas Gary Esqr.
---ditto--- No. 5 Willis Johnston Esqr.
---ditto--- No. 6 Daniel Allen Esqr.
---ditto--- No. 7 Whitmell J. Hill Esqr.
---ditto--- No. 8 David Tillory Esqr.
---ditto--- No. 9 Joel H. McLemore Esqr.
---ditto--- No. 10 Voluntine Bailey Esqr.
---ditto--- No. 11 W. C. Whitaker Esqr.
---ditto--- No. 12 Joseph J. Williams Esqr.
---ditto--- No. 13 S. H. Gee Esqr.
---ditto--- No. 14 John Young Esqr.
---ditto--- No. 15 A. W. Moore Esqr.
---ditto--- No. 16 John Pepper Esqr.
List of persons appointed by the Court, as inspectors of the polls, at the several places of election to be held in the County of Halifax for the year 1832
viz;
Scotland Neck; Charles Shields, J. W. Cotton & James Young
Moses Smiths; L. B. K Dicken, L. Abbington & R. J. Pitman
Endfield; L. H. B. Whitaker, P. Tillory, and Jesse R. Smith
Crowells; L. Morgan, Wm Higgs and John Crowell
Halifax; M. H. Pettway, Rice B. Pierce and Thos. W. Lassitter.
Heathsville; T. R. Nevill, James Boon & Wm. Wootten.
Harveys; M. L. Wiggins, James Moore & B. W. Avent.
Brinkleys; T. S. Brownlow, Wm. Brinkley 7 Eaton Pullen.
Webbs; John Carter, Benj'n Campbell, & Marion Saunders.
Hails; Thomas Gary, A. Joyner, & L. Willcox.
Faulcons; M. A. Allen, W. J. Hamlin, Jas. Vaughan.
Town Election; Jas. Simmons, Jas. Halliday and E. H. Eure.
Ordered that Whitmell J. Hill, D. J. Millikin, E. H. Davis,
Wm. Higgs, and E. C. Pitman be appointed to settle the a/c of
L. Morgan, Administrator of Stephen Eure dec'd.
Ordered that James R. Turner, Thomas Gary and T. T. Wyatt be appointed commissioners to select patrol for District No. 4.
Ordered that Wm. Brickell, Thomas M. Crowell and Charles Cole be appointed a committee to select patrol for District No. 8.
The Committee of Patrol for District No. 8 reported that they had appointed the following persons to Patrol said District, to wit; Wm. Brickell, T. M.
Crowell, G. W. Gary, John Crowell, D. Easley, Wm. Doggetts overseer, J. Knight and Charles Cole.
Agreeable to the annexed order, to us directed we the undersigned have appointed the following persons to Patrol District No. 1 for the present year;Carey
W. Jossey, Capt. Thos. Tillory, Abram L. Morgan, N. Doyl and Geo. W. Millikin.
The above persons to patrol the upper part of the District or so much of it as they think proper.
Jacob H. Vandyke, Capt. Hunter and Joel Pare, Hardy Langford, Wm. Scoggins, to patrol the lower part of said District or as much as they think proper. Given
under our hands this 11th April 1832,
L. Morgan
E. H. Davis
D. J. Millikin
A list of the patrol appointed by the committee, (Novr. 1831) to patrol in District No. 13; Charles P. Campbell, Thomas Kirby Jr., Sherrod H. Bobbitt,
Decatur Parker, James Cullum and Charles Iles.
State of North Carolina
Halifax County
Court of Pleas and Quarter Sessions February Term 1832; Ordered that Isham Matthews, Rice B. Pierce, M. T. Ponton, M. H. Pettway, James Simmons, T. T. Wyatt
and Thomas Ousby be appointed a committee to ascertain the probable cost of a fire proof office, fix upon a site, and draft the plan of said office & report
to next court.
Test
Jas. Harwell
In obedience to the annexed order to us directed we the undersigned commissioners have proceeded to discharge the duly therein assigned to us; And now
respectfully report, that after due communication with gentlemen of distinction in the mechanical arts, we submit the plan hereto annexed for the fire proof
office which you propose to build with regard to the floor of the said building your committee have some difference of opinion, some would recommend Rock or
good brick, others are of opinion that plank would be much more conclusive to the comfort of the officers of the Court, and sufficiently secure. This
difference of opinion we submit for your decision, conceiving that you can easily determine upon the most advisable plan, with regard to the probable costs
of
the proposed building we would also beg leave to refer you to communication from Capt. Abram Spencer of Granville. We have selected a site for the aforesaid
office in the upper corner of the Court House lot, near the main street. We would respectfully suggest to your worships the propiety of giving to the
committee to whom you may confide the further prosecution of your object some little authority to vary the plan having one regard to the expenditure of
public money.
Given under our hands & seals this 21st May 1832.
J. Matthews
Tho. Ousby
Rice B. Pierce
Jas. Simmons
M. H. Pettway
M. T. Ponton
Ordered that Alfred W. Simmons, M. H. Pettway, Thomas Ousby, Rice B. Pierce, M. T. Ponton, and James Simmons be appointed commissioners to contract for the
building of the fire proof offices which are particularly described in a communication of Abram Spencer Esqr. and reported by the commissioners for that
purpose.
Ordered that the Sheriff summon the following persons to attend as Jurors at our next Court of pleas and quarter sessions to be held for the County of
Halifax, at the Court House in the Town of Halifax, on the third Monday of August next. Viz;
William L. Long John Pitts
Wm. White
James Zollicoffer
Nelson Hamel Ambrose Harper
King White
Edwd King Jr.
Eaton Pullen Thos. Lowe
Elias Read
Robert Vinson
Bryant Whitehead John Pitman
Wm. Thorne Genl. Young
Littlebury Johnston Wm. Brickell
James Perkins Jepththa Pritchett
Parismus Tillory Thomas Martin
Frances Jones F. M. Saunders
Wm. Browning Jacob Higgs
Henry Wheless Richard Gammon
James Boon J. D. Nevill
Willie Pullen Henry W. Gary
Stephen Pepper Edw'd Morecock
Elija Pitman Wm. Collins
Court adjourned till tomorrow 10 o'clock.
Tuesday, May 22nd 1832 Court met according to adjournment.
Present the Worshipful
James H. Parker}
Carey Whitaker } Esquires, Justices
W. C. Whitaker }
Den Demise of F. G. Price vs Weldon Carter &al
Rule for a retraction of cost of an affidavit of Weldon Carter. This cause coming on to a head. On argument, the Court ordered that the rule be dismissed.
James W. Batchelor vs The heirs of K. Mulder
May Term 1832
On motion it is ordered that an execution issue to the shff. to sell the lands;
John W. Southall vs Henry Whitehead
Ca Sa John W. Simmons and M. H. Pettway the bail in this case; brought the body of the defendant into open Court & surrendered him into open court in
discharge of themselves as bail when the plaintiffs atto. prayed him into custody, and he was ordered into the custody of the Sheriff and adjudged
accordingly by the Court.
The Commissioners appointed at the last Term of the Court of Pleas & Quarter Sessions for the County of Halifax, to ascertain and prepare for settlement the
claims against the public for necessary expenses incurred by calling into service a portion of the militia of the County in the Month of August last
respectfully report.
State vs Thomas Allen
Jury empannelled & sworn, to wit: Marmaduke Alsobrook, John Suit, Wm Price Jr., R. H. Whitaker, Nathan Baker, John M. Kimbell, Wm. Cristie, Asa Powell,
George Ivey, Jesse Branch, Peter Brent & Robert Pair Senr. who upon their oaths do say, they find the Defendant "not Guilty". as in manner & form charged.
State vs Wm Maddra
Same Jury, find the defendant Not Guilty on the first count, and Guilty as to the second count in the bill of Indictment.
R & J. Dunn & Co. & Others vs Jesse R. Smith
The defendant appearing in open court and it appearing that he had given notice to the several persons who had him charged in execution: To wit, Henry S.
Haynes, Joshua Carpren and Michael Ferrall agent &c and also to the following persons viz, Womble and Litchford, John Hawson, Edw'd Crowell, Robert H.
Wilson, Bryant & Hogg, Wm H. Brown, Thomas Ousby, F. S. Marshall, Henry Wilkes, agent for A. A. B. Stith & Co., Willis Alston, Henry Aaron Senr., Jesse A.
Bynum, and Henry Purnell agent for M. T. Purnell in writing he was permitted to take the oath prescribed by the Act of 1822 for the relief of insolvent
debtors & was thereupon discharged.
Court adjourned till tomorrow 10 o'clock.
Wednesday May 23rd 1832 Court met. Present the Worshipful:
Thomas Ousby }
J. Matthews }Esquires, Justices
M. T. Ponton }
L. Morgan vs Jacob Pope
Jesse Ward a witness for the plaintiff was called and not appearing as he was bound to do, on motion of the pltffs. atto. it is ordered that his default be
recorded.
Laretes Morgan vs Jacob Pope
The following Jury was empannelled; Marmaduke Alsobrook, Nath'l Baker, Geo. Ivey, John Suit, Jno. M. Kimbell, Jesse Branch, Wm. Cristie, Peter Brent, R. H.
Whitaker, Asa Powell, Robert Pair & Nicholas Taylor. Judgment was made against the plaintiff, who asked for an appeal to next Superior Court of Law & Equity
for Halifax County to be held on the 4th Monday after the 4th Monday in September next, granted; entered into bond for $100 with J. H. McLemore & Joseph J.
Pitman his securities.
Justices use of Thos J. Finney vs S. M. Nickells &c
Same Jury; find the balance due from defendants to be $483.20 which carries Interest till paid and costs. Judgment by the Court for $2000 to be discharged
on payment of the above sum.
Elizabeth Gaffin widow and relict of John Gaffin dec'd came into open Court in proper person and dissented from the will of her dec'd husband, proved at
last Term. Dissent recorded.
Bank of Newbern vs E. B. Smith and others
Same Jury; found in favor of the plaintiffs. Judgment made for $1600 with interest from July 1st 1825 till paid all costs. M. H. Pettway & H. G. Burton as
securities for defendant.
Bank of Newbern vs. E. B. Smith &c
Same Jury; found in favor of the plaintiffs. 2nd Judgment made for same amount as previous charge.
Jesse H. Simmons vs John Bumpass
Same Jury; found in favor of the plantiff. Judgment: defendant pay $125 plus Interest from January 1, 1829.
Simmons J. Baker vs George N. Allen
Same Jury; found in favor of plaintiff. Judgment: deft. pay $306.50 due from May -Sept 1832.
William Wootten vs Ladaman Shelton
Same Jury; found in favor of plaintiff. Judgment: deft. pay $119.50.
Thomas Burges vs James Perry
Jury: Wm. Price Jr., Nath'l Pierce, Thomas M. Crowell, N. M. Long, Henry Aaron, James Boon, Wm. M. West, Sam'l W. Branch, Henry Mason, Jesse Herbert, Edw'd
Pitman, J. J. Pitman. Found in favor of plaintiff. Judgment: deft. pay $150.
Jesse H. Simmons vs James Perry
Same Jury; Found in favor of plaintiff. Judgment: deft. pay $150.
Bowes & McClelland vs Charles Cole &al
Same Jury; Found in favor of plaintiffs. Judgment: deft. to pay $1803.73; Appeal filed by Defendant for next Superior Court, posted bond of $3607.46,
securities: John W. Simmons, Benjamin F. Halsey.
A. A. B. Stith vs Benjamin W. Edwards
Same jury as 1st; Issues of case: Is Albert G. Webb indebted to plaintiff, and did defendant hold any property of Webb's in secret in order to defraud the
creditors of Webb. Judgment: Webb is indebted to Stith, and Edwards does hold Webb's property, therefore Stith to recover from Edwards $367.71; appeal
granted deft. for next Superior Court, securities of $772.62 posted by John A. Benford, W. Ferrall.
Bank of Newbern vs J. R.J. Daniel &al
Rule on James Simmons, Sheriff for not making due return on this fifa to this term - fined $100.
The Same vs Jesse A. Dawson &al
Same as above case.
Ordered that Clerk take Willey Dempsey's own bond for bastardy and release him from Jail. bond filed.
Court adjourned until 10 O'clock tomorrow.
Thursday May 24, 1832.
Present the Worshipful - Esquires, Justices:
Rice B. Pierce T. S. Brownlow
M. T. Ponton E. B. Smith
B. S. Long Henry Garrett
J. H. McLemore Thos. Gary
Thos Bustin vs Dorothy Scale
Case dismissed.
Thomas Nicholson vs Robert Hutchins
Sheriff allowed to amend return.
R & J Dunn &Co. vs John A. Benford & wife
Jurors Nath'l Pierce, Robt. Pare, R. H. Whitaker, Peter Brent, Wm. Cristie, Jesse Branch, Jno. M. Kimbell, John Suit, Geo. Ivey, Nath'l Baker, Marmaduke
Alsbrook, Asa Powell. Found in favor of plaintiffs; Judgment of $181.78.
R & J Dunn vs John A. Benford & wife
Jurors: Benjamin W. Edwards, Edward C. Pitman, R. M. Shearin, Adam Holt, Wm. Dicken, Nicholas Taylor, Aquilla Womble, A. W. Taylor, Benj'n Hunter,
Littlebury Willcox, Henry Aaron, Senr, Geo. W. Gary. In favor of Plaintiff. Judgment of $594.38.
Enock King contracted to build rail around Courtyard for $100.
Henry L. Irvin admr. vs Robert H. Wilson
Same Jury as 1st R. J. Dunn & Co. Found in favor of Plaintiff. Judgement: $123.39.
R & J Dunn &Co vs Robert H. Wilson
Same Jury as above. In favor of Plaintiff. Judgment $1117.79.
R & J Dunn &Co vs Thos Sand
Same Jury. In favor of Plaintiff. Judgment $219.10
R & J Dunn &Co vs Wm Higgs &al
Same Jury. In favor of Plaintiff. Judgment $610.40.
R & J Dunn &Co vs James L. Zollicoffer &al
Same Jury. In favor of Plaintiff. Judgment $199.47.
Willis & Thomas Willcox vs John Faulcon
Same Jury. In favor of Plaintiff. Judgment $114.82.
Henry Mason vs J. A. Simmons &al
Same Jury. In favor of Plaintiff. Judgment of $772.50, appealed to the next Superior Court session. Security posted by Jos. L. Simmons, George W. Gary.
John Bailey vs H. G. Burton
Same Jury. In favor of Plaintiff. Judgment $144.30.
J. J. Eaum Esq. vs H. G. Burton
Same Jury. In favor of Plaintiff. Judgment $203.40.
James Crump vs H. G. Burton
Same Jury. In favor of Plaintiff. Judgment $203.40.
Court adjourned until tomorrow at 10 o'clock.
Friday May 25, 1832.
Present; Esquires, Justices:
Wm Doggett
M. T. Ponton
B. S. Long
Ricks Pierce vs M. Ferrall acting, partner of James Ferrall &Co.
Jurors: Nath'l Pierce, Robt. Pare, R. H. Whitaker, Wm. Cristie, Jesse Branch, Jno. M. Kimbell, Jno Suit, Geo. Ivey, Nathan Baker, Marmaduke Alsbrook, Peter
Brent, Asa Powell. In favor of Defendant. Upon order that Defendant pay the cost of the suit, appeal filed and granted for next Superior Court session.
Securities of $100 paid by Thomas Burges, Thos. R. Nevill.
Thomas H. Carson vs John Avery
Ordered that Plaintiff take depositions by giving notice in the Roanoke Advocate.
Thomas D. Crain vs R. H. Long
Court ordered that Defendant be discharged from Plaintiff's process due to insolvency. Plaintiff was granted an appeal to the Superior court and entered
into bond of $200 with E. Wilkins & B. B. Blume, his securities.
Ordered that John Young, L. B. K. Dicken, W. Hill, J. H.
Anthony, & Rich'd Smith be appointed commissioners to settle accts of Turner Rutland admr. of A. Davis.
Mary Shaw vs A. Joyner admr.
Court declares balance remaining in the hands of defendant, as administrator of John Shaw is $16.42. Admr. is ordered to pay all costs of suit, $16.35
leaving a balance of "Six & a half cents". Also decrees that whenever the widow, Mary Shaw, executes a refunding bond to the Defendant as is required, the
Defendant shall deliver all of the Negroes which are supposed to be in his possession, as administrator of the estate of John Shaw.
The following Inventories, Acct of Sales, Reports of Commissioners and Accounts Current were returned in Open Court and ordered to be recorded:
Account of Sales of Gideon Alston's estate.
----ditto------- Nancy Arrington estate.
----ditto------- Josiah Brinkley estate.
----ditto------- James Pitman estate.
----ditto------- Marmaduke Strickland estate.
Sarah Brewer allotment of years' provisions.
Elizabeth Gaffin -----ditto----------------
Betsy Harvey --------ditto----------------
Mary Rawls ----------ditto----------------
Martha Strickland-----ditto----------------
Ricks Forts Estate, division of Negroes.
Dempsey Pitman Estate,----ditto--------
Sarah Shields Estate,-----ditto--------
Wm. E. Webb Estate,-------ditto--------
Lewis Willis Estate,------ditto--------
James H. Hail Estate, Account Current.
Joseph Muir Estate,-----ditto-------
Inventory of James Hunter Estate.
Acct. of sales & Inventory of Wm. Rawls Estate.
R. Chappel Estate, division of Lands.
Wm. E. Webb Estate,-----ditto--------
James Bradley Estate,---ditto--------
Appearance Docket to May Sessions 1832
(Notes: Payment & Set off = payment at and after the day; General issue = plea denies the whole indictment or declaration, without offering any special
matter to evade it)
William L. Hunt, H. Reynolds, Plaintiff vs Thomas Cox and al
Debt executed on Jno. Cox. Defendant, John Cox appeared in open court to answer to complaint of Plaintiff, pleads to the action by his attorney S. Whitaker,
"Payment & Set off". A "Nol pros as to Thos Cox" also entered.
Thomas Branch admr vs James Gee
Debt executed. Defendant James Gee appeared in court, pleads by attorney E. Wilkins, "Payment & Set off."
Same admr. vs Same and al
Debt executed. Same Defendant and actions as above.
Same admr. vs James Gee
Debt executed. Same actions as above. "Genl issue, Stat Lim"
J. J. Exum vs Wm. Doggett &al
Debt executed. Defendants appeared, pleads by attorney E. H. Eure. "Payment & Set off."
Sam'l Blount vs James R. Turner
Debt executed. Defendant appeared; same attorney & actions as above.
R. Kingsbury, J. H. Bryant, ptiffs vs Wm. H. Pope
Debt executed. Same actions as above. Attorney, J. R. J. Daniel.
Same Plaintiff vs Same
Debt executed. Same actions & attorney as above.
Frances G. Price vs Weldon Carter
Debt executed. Same actions as above. Attorney, Jesse A. Bynum.
Lewis Layssard vs Aquilla Womble
Case executed. Same actions as above. Attorney, B. F. Moore.
Governor to use of R. Kingsbury vs William Browning & al
Debt executed. Same actions as above.
Attorney, E. H. Eure.
John Sommerville vs John F. Clanton & al
Debt executed. Same actions as above. Attorney, E. Wilkins.
Same Plaintiff vs George W. Barnes & al
Debt executed. Same actions as above. Attorney, J.R.J. Daniel.
Same Plaintiff vs Sylvester Smith & al
Debt executed. Judgment by Default for $500. Attorney B. B. Blume.
J. J. Pitman, J. W. Cotton infact vs Thoms R. Wiggins
Debt Executed. Defendant appeared, same actions as previous similar cases with Attorney J.R.J. Daniel.
Turner Rutland vs Lem'l L. Parker
Debt executed. Atty. E. Wilkins; Judgment against Defendant for want of a plea. Writ of enquiry to Wm. R. Smith & Thos. Cox, if they disregard to choose
an umpire & their award to be a rule of Court.
Lemuel L. Parker vs Turner Rutland
Debt executed. Same order & Attorney as above.
R & J Dunn & Co. vs Benjamin S. Long & al
Case executed. Same actions as previous similar case. Attorney, J.R.J. Daniel.
Thomas H. Carson vs John H. Avery
Original atto. levied &c "Property applied by J. H. McLemore & Laertes Morgan bail". Defendants attorney Edmond Hall, plead to the action of the
Plaintiffs. "Genl issue payment and set off."
Bowers & McClelland vs Elisha Pitman
Debt executed. Atty. S. Whitaker. Judgment against Defendant for want of a plea for $103.21.
Same Plaintiffs vs Thos. & Guilford Nicholson
Debt executed on Thos. Nicholson only. "Nol pros" entered as to G. Nicholson. T. Nicholson appeared in open court by attorney B. F. Moore. "Payment & set
off."
Bowers & McClelland vs Thomas Nicholson
Same action & judgment as above. Attorney, B. F. Moore.
Same Plaintiffs vs Mason L. Wiggins
Debt executed. Same actions as above. Same attorney.
Same Plaintiffs vs John H. Bradley
Debt executed. Same actions as above. Attorney, J. A. Bynum.
J.J. Gray vs A. W. Moore & al
Debt executed. Same actions as above. Attorney, B. F. Moore.
B. F. Halsey bs Elias Read
Debt executed. Same actions as above. Attorney, J. A. Bynum.
John G. Purnell vs Laban Vincent
Case executed. Same actions as above. Attorney, J. A. Bynum. "Gen'l issue, Stat lim, Justification."
T. Rutland vs J. W. Cotton
Debt executed. Attorney, E. Wilkins. Judgment against Defendant for want of a plea for $144.
S. J. Davis vs R. F. Purrington
Detinue executed. Defendant's atty. E. Wilkins. "non detinet."
A.C. Heaton, Wm. Browning vs E. D. Sledge
Debt executed. Attorney J. A. Bynum. "Gen'l issue, payment & set off."
John W. Southall vs Wm. Doggett
Debt executed. Attorney E. H. Eure. "Payment & set off."
Bowers & McClelland vs Charles Cole
Debt executed. Attorney J. A. Bynum. "Gen'l issue, payment & set off."
Joshua Corpren vs E. B. Smith
Debt Service accepted. Defendant confessed. Judgment of $104.95.
Signed Jno. H. Pettway, clk
Witness by J. H. Harwell
============================================================
State of North Carolina
Halifax County
At a Court of Pleas and Quarter sessions began and held for the County of Halifax, on the third Monday of August 1832, being the 20th day of said month,
the usual proclamation being made, Court met according to its adjournment.
Present the Worshipful- Esquires, Justices:
Thomas R. Nevill
Thomas Gary
Willis Johnston
M. T. Ponton
Carey Whitaker
Following called as Grand Jurors; Viz:
Edward Morecock Foreman M. Saunders John
Pitts
James Boon John
Pitman
General Young
H. W. Gary
Nelson Hamell James L.
Zollicoffer
Jno. D. Nevill Wm White
Littlebury Johnston
Henry Wheeless King White
James Jones Jr., Constable attended them.
Ordered that John Carter, Benjamin Edmunds, Benj'n Perkins,
James D. Perkins & Benj'n Crawley or any three of them be
appointed commissioners to settle the estate of Thomas Harvey
dec'd with Abner Harvey the adm'r & report &c.
Ordered that John A. Binford, Willis Alston, B. W. Edwards,
Willis Sledge & W. A. willcox or any three of them be
appointed commissioners to settle the account current of
James S. Person adm'r of T. W. Jenkins & report &c.
Ordered that Charles Shield Adm'r of Benj'n Bryant dec'd sell
on a credit of six months one or two Negroes for to pay the
debts oweing by said estate.
Ordered that John Pepper, E. Morecock, Ambrose Harper,
Ambrose Hawkins and Thos. C. Willis be appointed
commissioners to settle the estate of Beverly T. Jackson with
the administration.
Ordered that Willis Johnston, L. Gary, John Ivey, Edwd.
Morecock, & Henry Sledge be appointed commissioners to
settle with Nathaniel Shelton's Exr. & present acting
Guardian with now appointed Guardian.
Ordered that Wm. R. Smith Senr, Wm. R. Smith Jr., James
Young, Solomon Slatter, and Turner Rutland or any three of
them be appointed commissioners to settle the accounts of
Samuel M. Nichels admr of S. B. Wiggins &c.
Ordered that Charles Gee, Marion Saunders, Willis Alston, C.
C. F. Rencher, & John R. Jones or any three of them be
appointed commissioners to settle the estates of John M. Gee
& Joseph Gee dec'd with S. H. Gee, adm'r.
Ordered that Charles Shield, Admr' of Benj'n Bryant dec'd
sell one Negro girl named Amy to pay the debts of the Est. to
be advertised agreeably to law, & sold on 6 months credit
bond & approved security.
A list of persons appointed to act as inspectors at the
election to be held at the several election grounds in the
County of Halifax for President of the U.S. &c.
Scotland Neck- John Young Esq, J. A. Dawson, Willoby Simmons.
Crowells- L. Morgan Esqr., John Crowell, Wm Higgs.
Halifax - Thomas Ousby Esq., T. M. Crowell, T. W. Lassitter.
Hails- JOhn Pepper Esqr., John Ivey, Edwd Morecock.
Faulcons- D. B. Allen Esqr., J. M. Newsom, B. W. Edwards.
Webbs- John Carter Esqr., B. Campbell, Littlebery Johnston.
Brinkleys- T. S. Brownlow Esqr., S. J. Davis, Henry Purnell.
Herveys- Mason L. Wiggins Esqr., Elias Read, Cyrus Rosser
(Roper?)
Heathville- J. H. Thrower Esqr., Henry Aaron, R. M. Shearin.
Enfield- Carey Whitaker Esqr., Wm. Wootten, James Boon.
Smiths- L. B. K. Dicken Esqr., John Bass, L. B. Abbington.
Ordered that the following County orders be issued and the
County trustee to pay the several persons the amount of their
respective orders and that he be allowed the same in his
settlement:
Spier Whitaker, County attorney, twenty five Dollars
Wm. Petit, two dollars 30 cents, patrolling Dist. No. 11 for
1831.
Wm. Lane, two dollars & 30 cents
--------ditto------ditto--------
Henry Gunter, two dollars & 30
cents-----ditto------ditto--------
Elijah Pitman, two dollars & 30
cents----ditto------ditto--------
Sam'l G. Ethridge, two dollars & 30
cents--ditto----ditto--------
Joseph B. Burgess, two dollars & 30
cents--ditto----ditto--------
Wilson W. Carter, two dollars & 30
cents---ditto----ditto--------
Wm. Bustin, Three hundred & Sixty nine dollars, rebuilding
bridges across Beach Swamp.
Heshborn Bishop, Thirty three dollars, building bridge across
Deep Creek at the place called Bynums.
Jesse H. Simmons, Jailer, Twenty five 60/100 dollars.
B. B. Smith, two dollars & 76 cents his witness ticket in
State case against Charles Dicken.
Benj'n Johnston, Lem'l Johnston, Harrison Pritchett, allowed
four dollars each, provided their pole tax amount to that
sum.
Enock King, one hundred dollars, part of contract for railing
Court House yard.
Following Deeds were exhibited in open court & duly proved,
and on motion, ordered to be Registered:
Deed- Nelson Hamell to Eliza Scott proved by Stephen Pepper.
Deed- J. Simmons Sheriff to H. M. Sorey, acknowledged.
Deed- Wm. Doggett to Wm. Wootten, ackn.
Deed- Wm. Wootten to Wm. Doggett, ackn.
Deed- G. P. Hervey & John Foster to Lemuel P. Bennett, proved
by Richard D. Aaron.
Deed- Fanny Baker to E. Pope, proved by James Dawson.
Deed- J. Mattews to Wm. Sturdivant proved by P. P. Harvey.
Deed- Herbert Green & wife to Tho. Medlin proved by Jesse
Branch.
Deed- H. M. Purnell to J. H. Zollicoffer, ackn.
Deed- Washington Branch to J. T. Clanton, proved by James
Hunter.
Deed- Jesse N. Faulcon & wife to Isaac N. Faulcon, proved by
Jno. A. Binford
Deed- Alexus Marshall to John Purnelll, proved by Rice B.
Pierce.
Deed- J. Simmons, Shff. to Jno. T. Clanton, ackn.
Deed- Jeptha Pritchett to Pompey Jones, ackn.
Deed- B. C. Eaton to James Halliday, proved by M. L. Bishop.
Deed- J. Simmons, Shff. to Sam'l W. Branch, ackn.
Deed- Lovatt Burges to J. T. Clanton, proved by Michael
Ferrall.
Deed- R.H. Bradford agent to Thos C. Hunter, proved by Benj'n
Hunter.
Power atto.- H. B. Bradford to R.H. Bradford, proved by Tho.
Mason.
Deed- R. H. Crowell to Jno. W. Branch, proved by Thomas Lowe.
A paper writing purporting to be the last will & testament of
William Price Senr., was exhibited in open Court & duly
proved by the oaths of John A. Jenkins & Mary M. Jones, two of
the subscribing witnesses thereto; and on motion it was
ordered to be recorded whereupon, John W. Price one of the
Executors therein named came forward & was duly qualified
thereto.
A paper writing purporting to be the last will & testament of
Richard Doggett, was exhibited in open court & the execution
thereof was duly proved by James Simmons & Martin Read two
subscribing witnesses thereto, and on motion ordered to be
recorded, whereupon Henry Doggett, Wm. Doggett & Mango T.
Ponton, the executors therein named came forward and was duly
qualified thereto.
A paper writing purporting to be the last will & testament of
Jeremiah Vaughan was exhibited in open court & duly proved by
the oaths of Bowlen Dobbins & Nathan J. Dobbins two of the
subscribing witnesses thereto, and on motion ordered to be
recorded. Whereupon James J. Vaughan and Wm. M. Vaughan the
executors therein named came forward and was duly qualified
thereto.
A paper writing purporting to be the last will & testament of
Maria Locklier, was exhibited in open court and the execution
thereof was duly proved by the oath of John T. Clanton one of
the subscribing witnesses thereto, Whereupon Gabriel Locklier
came into court and was duly qualified as Executor thereto.
Ordered that the Sheriff refund to Green Mabry the tax on
Stud Horse, four dollars.
Ordered that the Sheriff be allowed the land tax of Geo.
Prices listed in District No. 2, he having paid said tax in
another District No. 13.
Sylvester Smith & others vs Stephen Burrows
Defendant took oath of insolvency, case discharged.
Wm. W. Daniel vs Henry Bradley
Defendant permitted to claim insolvency, discharged.
Dunns Ferrall & Co vs Thomas C. Smith
Defendant claimed insolvency, discharged.
Following Justices being on the Bench, to wit:
Isaac N. Faulcon David Tillory Thomas R. Nevill
Thomas Ousby Willis Alston A. W. Moore
Laertes Morgan P. P. Hervey Valentine Bailey
Sterling H. Gee Thomas Gary John Carter
Jno T. Clanton Willis Johnston L. Gary
L.B.K. Dicken Carey Whitaker M. L. Wiggins
Wm. Doggett M. T. Ponton J. H. McLemore
Rice B. Pierce Thomas T. Wyatt J. H. Thrower
Tippos S. Brownlow
Examined & Declared the election of James Simmons as Sheriff.
Wm. R. Smith resigned as one of Committee of Finance, Thomas
T. Wyatt, Esqr. appointed in his place.
Administration of the Estate of Martha Daniel, dec'd, granted
to John R. J. Daniel, entered into $200 bond, B. B. Daniel &
Jesse A. Bynum, securities.
State of North Carolina
Halifax County
On this __ day of August A.D. 1832 personally appeared in
open court, before the Justices of the Court of Pleas and
Quarter Sessions for Halifax County, James Lock aged 73
years, who being first duly sworn according to law, doth on
his oath make the following declaration in order to obtain
the benefit of the Act of Congress passed June 75h 1832.
That he entered the service of the United States under the
following named officers and served as herein stated, viz, he
volunteered in the year not recollected-- in Halifax County,
North Carolina, under Capt. Poynter and served three months
at the Town of Halifax guarding prisoners and was then
discharged -- he volunteered in the year not recollected
under Capt. Bradley and marched to six mile, near Salisbury,
and had a skirmish with the tories in Catawba River Gen.
Jones, Col. Hart and Col. Branch were the officers of the
regiment-- he was discharged after a service of three months.
He volunteered in the year not recollected, under Capt. Tatom
marched in search of tories on Cape Fear river and served
three months and was discharged-- he served agin under Capt.
Coleman entering the service in the year Cornwallis was
taken, marched to New river in Duplin County and had skirmish
with tories in the prongs of New river, and was discharged
being sick at Kingston, now Kinston, after a service of three
months-- he received several discharges but they are lost. He
was born in the State of Maryland, has a record of his name
in a bible at home. He hereby relinquishes every claim
whatsoever to a Pension or annuity except the present and
declares that his name is not on the Pension Roll of the
Agency of any State.
James Lock Sr. ("X" his mark)
Sworn to and Subscribed
the day and year aforesaid
in open court.
M. H. Pettway, clk
We Henry Bradford a clergyman residing in the County of
Halifax, State of North Carolina and William Perkins residing
in the same County and State hereby certify that we are well
acquainted with James Lock who has subscribed and sworned to
the above declaration; that we believe him to be 73 years of
age, that he reputed and believed in the neighbourhood where
he resides to have been a Soldier of the Revolution and that
we concur in that opinion.
Henry Bradford
Wm. Perkins
sworn and subscribed
the day and year aforesaid
M. H. Pettway clk
And the said Court do hereby declare their opinion after the
investigation of the matter and after putting the
interrogatories described by the War Department, that the
above named applicant was a Revolutionary Solder, and served
as he states. And the Court further certify that it appears
to them that Mr. Henry Bradford who has signed the preceding
certificate is a clergyman, resident of Halifax County, State
of North Carolina and that William Perkins who has also
signed the same, is a resident of the same County and State
and is a credible person and that their statement is entitled
to credit.
John T. Clanton
Wm. Johnson
Thos. R. Nevill
State of North Carolina
Halifax County
On this ___ day of August A.D. 1832 personally appeared in
Open Court, before the Justices of the Court of Common Pleas
and Quarter Sessions for the County of Halifax now sitting,
William Perkins a resident of Halifax County, aged 76 years,
who being first duly according to law, doth on his oath, make
the following declaration in order to obtain the benefit of
the Act of Congress passed June 7th 1832. That he entered the
service of the United States under the following named
officers and served as herein stated, viz, he was drafted in
the year 1778 as he believes, at any rate in the year the
battle of Stones was fought under Capt. William Jarvis, in
Col. Johnson's regiment, marched to Stono and fought in the
battle at that place, then marched near Charleston,
headquarters being at Stono, returned to Stono and was
discharged after a service of three months in the State of
South Carolina and two months as he believes going and
returning. In the year that Charleston was surrendered he
drafted in the County of Halifax, North Carolina and received
from Gen. Thomas Eaton a commission of Lieutenant in the
Company commanded by Capt. Levi Lane marched to Camden in
South Carolina, then towards Charleston, returned to Cross
Creeks in North Carolina and was discharged after serving
three months Col. James Allen and Col. Isaac Sessums were the
officers of the regiment his commission and discharges are
lost-- he was born in Currituck County North Carolina he has
record of his age -- he has lived here ever since the
Revolution in Halifax County North Carolina. He hereby
relinquishes every claim whatever to a Pension or annuity
except the present, and declares that his name is not on the
Pension Roll of the Agency of any State.
Wm. Perkins
Sworn to and subscribed
the day and year aforesaid
We Miles Smith a clergyman residing in the County of Halifax,
State of North Carolina and James Lock Sr. residing in the
same County and State, hereby certify that we are well
acquainted with William Perkins who has subscribed and sworn
to the above declaration; that he believed to be 76 years of
age, that he is reputed and believed in the neighbourhood
where he resides to have been a Soldier of the Revolution and
that we concur in that opinion.
Miles Smith
James Lock Sr. ("X" his mark)
Sworn and subscribed
the day and year aforesaid
in open court.
M. H. Pettway clk
And the said Court do hereby declare their opinion after the
investigation of the matter, and after putting the
interrogatories prescribed by the War Department that the
above named applicant was a Revolutionary soldier, and served
as he states. And the Court further certify that it appears
to them that___ who has signed the preceding certificate is a
clergyman, resident in Halifax County State of North Carolina
and that ____ who has also signed the same is a resident in
the same County and State and is a credible person and that
their statement is entitled to credit.
State of North Carolina
Halifax County
Court of Pleas and Quarter Sessions
August Term 1832
On this day of August 1832 personally appeared in open court
before the Justices of the Court of Common Pleas and Quarter
Sessions for the County of Halifax now sitting Levi Browning
a resident of Halifax County and State of North Carolina aged
76 years who being first duly sworn according to law, doth,
on his oath make the following declaration in order to obtain
the benefit of the Act of Congress passed June 7, 1832.
That he entered the service of the United States under the
following named officers and served as herein stated, viz, he
volunteered in the service about the 19th July in the year
1780 in Halifax County under Capt. Frank Jones, Turner Mason
Lieutenant, John Green, Ensign, Col. Ben Sowell, William
Brickell Lieutenant Col., & Gen. Sumner officers, marched to
South Carolina as reinforcement for Gen. Gates but did not
reach the main army until after Gates defeat, returned to
Ramsay's Mill in North Carolina, then marched to six-mile
Creek beyond Charlotte in North Carolina, afterwards returned
home with a detachment to attend the sick, was in service
about 4 months but never received any regular discharge. In
the year 1781 he was drafted under Capt.Theophilus Thomas, in
Halifax County, North Carolina and remained in service in
said County about three months and was discharged by order of
Gen. Jones and Gov. Burke, but never received any written
discharge-- he was born in the County of Southampton, State
of Virginia. I have a record of my name at home. He hereby
relinquishes every claim whatever a Pension or annuity except
the present, and declares that his name is not on the Pension
Roll of the Agency of any State.
Levi Browning ("X" his mark)
sworn to and subscribed
the day and year aforesaid
in open court
M. H. Pettway clk
We Miles Smith, a clergyman residing in the County of
Halifax, State of North Carolina, and George Green, residing
in the same County and State, hereby certify that we are well
acquainted with Levi Browning who has sworn and subscribed to
the above declaration, that we believe him to be 76 years of
age; that he is reputed and believed in the neighbourhood in
which he resides to have been a Soldier of the Revolution;
and that we concur in that opinion.
Miles Smith
Geo. Green ("X" his mark)
Sworn and subscribed
the day and year aforesaid
in open court
M. H. Pettway clk
And the said Court do hereby declare their opinion after the
investigation of the matter and after putting the
interrogatories prescribed by the War Department, that the
above named applicant was a Revolutionary Soldier and served
as he states. And the Court further certify that it appears
to them Miles Smith who has signed the preceding certificate,
is a clergyman, resident of the County of Halifax, State of
North Carolina and that Geo. Green who has also signed the
same is a resident in the same County and State and is a
credible person, and that their Statement is entitled to
credit.
W. Johnson
Thos. R. Nevill
John t. Clanton
State of North Carolina
Halifax County
On this day of August A.D. 1832, personally appeared in open
court before the Justices of the Court of Common Pleas and
Quarter Sessions for the County of Halifax, now sitting
Shadrach Merritt a resident of Halifax County and State of
North Carolina, aged 76 years, who being first duly sworn
according to law, doth, on his oath, make the following
declaration in order to obtain the benefit of the Act of
Congress passed June 7th 1832. That he entered the service of
the United States under the following named officers and
served as herein stated, viz: he volunteered under Col.
Nicholas Long in Halifax County, marched for Moore's Creek
but the enemy was come up with, they (the enemy) were
conquered, and returned to Halifax and was discharged in
February 1776 after more than one months service--he was
again drafted as a militia man in the year '78 under Capt.
Scurlock and Col. Tom Eaton in Halifax County marched to
Georgia under Gen. Ashe, was at the Battle of Brier Creek and
was discharged somewhere in South Carolina after a service of
five months, he had written discharges but they are lost --
he was born in Halifax County, State of North Carolina and
has always resided here, has no record of his age. He hereby
relinquishes every claim whatever to a Pension or annuity
except the present and declares that his name is not on the
Pension Roll of the Agency of any State.
Shadrach Merritt ("X" his mark)
Sworn and subscribed
the day and date aforesaid
M. H. Pettway clk
We Henry Bradford a clergyman residing in the County of
Halifax, State of North Carolina and John Crowell residing in
the same County and State, hereby certify that we are well
acquainted with Shadriach Merritt who has subscribed and
sworn to the above declaration; that we believe him to be 76
years of age; that he is reputed and believed in the
neighbourhood where he resides to have been a Soldier of the
Revolution and that we concur in that opinion.
Henry Bradford
John Crowell
Sworn and subscribed
the day and year aforesaid
M. H. Pettway clk
And the said Court do hereby declare their opinion after the
investigation of the matter, and after putting the
interrogations prescribed by the War Department, that the
above named applicant was a Revolutionary soldier and served
as he States. And the Court further certifies that it
appears to them that Henry Bradford who has signed the
preceding certificate is a clergyman resident in Halifax
County, State of North Carolina and that John Crowell who has
also signed the same, is a resident in the same County and
State, and is a credible person and that their statement is
entitled to credit.
Thomas Ousby
John T. Clanton
L. Gary
State of North Carolina
Halifax County
On this day of August A.D. 1832, personally appeared in open
Court, before the Justices of the Court of Pleas and Quarter
Sessions for Halifax County now sitting, William Dicken aged
71 years, who being first duly sworn according to law, doth,
on his oath, make the following declaration in order to
obtain the benefit of the Act of Congress passed June 7th
1832.
That he entered the service of the United States under the
following named officers and served as herein stated, viz; he
volunteered in Halifax County, North Carolina about two years
before the Battle at Guilford Court House, being the same
year the Battle at Stono was fought under Capt. Jarvis and
was marched to Charleston, South Carolina under Col. Jonas
Johnson and fought at Stono under Gen. Lincoln and Gen.
Butler; served 4 months and was discharged somewhere in South
Carolina -- he was drafted in the Spring of the year when the
battle was fought at Guilford Court House, from the militia
of Halifax County, and marched under Capt. House in Col.
Hill's regiment but was not in the battle of Guilford C.H. as
he was at that time doing duty in a fatigue party; he was
discharged at Ramsay's Mills in North Carolina after being in
Service three months; his discharges are lost and he is
unable to say what became of them -- he was born in
Northampton County North Carolina, has a record of his name
at home- has resided as he now does ever since the
Revolutionary War. He hereby relinquishes every claim
whaterver to a Pension or Annuity except the present and
declares that his name is not on the Pension Roll of the
agency of any State.
Wm. Dicken ("X" his mark)
Sworn to and subscribed
the day and year aforesaid
M. H. Pettway clk
We Miles Smith a clergyman residing in the County of Halifax,
State of North Carolina and Willis Alston - residing in the
same County and State, hereby certify that we are well
acquainted with William Dicken who has subscribed and sworn
to the above declaration; that we believe him to be 71 years
of age; that he is reputed and believed in the neighbourhood where he resides, to have been a Soldier of the Revolution;
and that we concur in that opinion.
Miles Smith
Willis Alston
Sworn and subscribed
the day and year aforesaid
M. H. Pettway clk
And the said Court do hereby declare their opinion after the
investigation of the matter, and after putting the
interrogatories prescribed by the War Department, that the
above named applicant was a Revolutionary Soldier, and served
as he states. And the Court further certifies that it appears
to them that Miles Smith who has signed the preceding
certificate, is a clergyman, resident in Halifax County,
State of North Carolina, and that Willis Alston who has also
signed the same, is a resident in the same County and State
and is a credible person and that their statement is entitled
to credit.
Thos Ousby
L. Gary
John T. Clanton
State of North Carolina
Halifax County
On this day of August A.D. 1832 personally appeared before
the Justices of the Court of Pleas and Quarter Sessions for
Halifax County now sitting, Geo. Powell, aged 70 years who
being first duly sworn according to law doth, on his oath
make the following declaration in order to obtain the benefit
of the Act of Congress passed June 7th 1832. That he entered
the service if the United States under the following named
officers, and served as herein stated, viz, he was drafted in
the year 1780 under Capt. Jesse Dixon in the County of
Halifax North Carolina in the regiment commanded by Col.
Branch and Col. Hart marched to Salisbury then South and was
stationed in the Catawba road at the place called the Six
mile creek, and was discharged after serving three months, In
the year 1781 after the British passed through Halifax, he
was drafted again in Halifax County under Col. Nicholas Long
and served at Halifax in the wagon service three months and
was discharged--he has lost his discharge - he was born in
Halifax County North Carolina and has always lived here - he
has a record of his age in the possession of his brother - he
hereby relinquishes every claim whatever to a pension or
annuity except the present and declares that his name is not
on the Pension Roll of the Agency of any State.
George Powell ("X" his mark)
Sworn to and subscribed
the day and year aforesaid.
M. H. Pettway, C.C.
And the said Court do hereby declare their opinion, after
the investigation of the matter and after putting the
interrogation prescribed by the War Department, that the
above named applicant was a Revolutionary soldier and served
as he states. And the Court further certify that it appears
to them that Miles Smith has signed the preceding
certificate, is a clergyman resident in the County of Halifax
and State of North Carolina and that William Powell who has
also signed the same is a resident in the same County and
State and is a credible person that their statement is
entitled to credit.
Thos Ousby
John T. Clanton.
L. Gary
We Miles Smith a clergyman residing in the County of Halifax
and State of North Carolina and William Powell residing in
the same County and State hereby certify that we are well
acquainted with George Powell who has sworn and subscribed to
the above declaration that we believe him to be of seventy
years of age, that he is reputed and believed in the
neighbourhood where he resides to have been a soldier of the
Revolution and that we concur in that opinion.
Miles Smith
William Powell ("X" his mark)
Sworn and subscribed
the day and year aforesaid
M. H. Pettway Clk
State of North Carolina
Halifax County
Court of Pleas and Quarter Sessions
August Term 1832
On this 20th day of August A.D. 1832, personally appeared in
open Court before the Justices of the Court of Common Pleas
and Quarter Sessions for the County of Halifax, now sitting,
George Green a resident of Halifax County and State of North
Carolina, aged 73 years, who being first duly sworn according
to law, doth on his oath make the following declaration in
order to obtain the benefit of the Act of Congress passed
June 7th 1832.
That he entered the service of the United States under the
following named officers, and served as herein stated, viz;
he volunteered under Capt. Frank Jones in Halifax County and
State of North Carolina in the spring of the year before the
fight at Guilford and was placed under the command of Capt.
Poynter at Halifax Town who was engaged there in guarding
prisoners, after four months service, he was discharged at
that place. IN the following Spring he again volunteered
under Capt. Frank Jones and was placed under the command of
Capt. Levi Lane and afterwards transferred to Capt. Houses's
Company Col. Long and Col. Dudley's Regiment and march to
same place near Guilford County where he joined Gen. Green's
Army and fought the Battle at Guilford Court House,
afterwards was in the Battle at Camden then marched to
Charleston in South Carolina and remained there untill he was
discharged having served 4 months-- the discharge was carried
by him to Enfield, North Carolina and delivered to Cols.
Branch and Bradford who were appointed to examine them and he
has not seen them since. He was born in Stafford County,
State of Virginia he has a record of his age from the oath of
his Father made before the Militia Officers when he was
sixteen years of age which he has at home among his old
papers. I live in the County of Halifax State of North
Carolina where I have always lived since the Revolutionary
War. He hereby relinquishes every claim whatever to a Pension
or annuity except the present, and declares that his name is
not on the Pension Roll of the Agency of any State.
George Green ("X" his mark)
Sworn to and subscribed
the day and year aforesaid
in Open Court
M. H. Pettway, Clk
We Miles Smith a clergyman residing in the County of
Halifax, State of North Carolina and Levi Browning residing
in the same County and State, certify that we are
well-acquainted with George Green, who has subscribed and
sworn to the above declaration, that we believe him to be 73
years of age, that he is reputed and believed in the
neighbourhood where he resides, to have been a soldier of the
Revolution and that we concur in that opinion.
Miles Smith
Levi Browning ("X" his mark)
Sworn and subscribed
the day and year aforesaid
in Open Court
M. H. Pettway Clk
And the Court do hereby declare their opinion the
investigation of the matter, and after putting the
interrogatories prescribed by the War Dept., that the above
named applicant was a Revolutionary soldier and served as he
states. And the Court further certify that it appears to them
that Miles Smith who has signed the preceding certificate, is
a clergyman resident in the County of Halifax and State of
North Carolina, and that Levi Browning who has also signed the
same is a resident in the same County and State, and is a
credible person, and that their Statement is entitled to
credit.
L. Gary
W. Johnson
Thos. R. Nevill
State of North Carolina
Halifax County
On this 21st day of August A.D. 1832 personally appeared in
open Court before the Justices of the Court of Common Pleas
and Quarter Sessions for the County of Halifax, now sitting,
John Lee a resident of Halifax County and State of North
Carolina, aged 73 years, who being first duly sworn according
to law, doth on his oath make the following declaration in
order to obtain the benefit of the Act of Congress passed
June 7th 1832. That enlisted in the Army of the United States
in the year 1780 or '81 with Col. Gideon Lamb (a recruiting
officer) in the ___ regiment 3d Batallion, North Carolina
line under the following officers, Capt. William Goodman and
Majr. Blount and marched from Currituck County to Northwest
river Bridge in Norfolk County, Virginia, then to the South
and joined Gen. Green at Fort Thompson on the Santee river,
then to the Eutaw Springs and was in the fight at that place
where his Capt. William Goodman, was killed, then went into
winter quarters at the high hills of Santee- during the
Summer he was doing duty with the Army in South Carolina and
went into winter quarters at the round & in the same State,
Col. Lytle and Capt. Baily being his officers- the next
Summer he did duty with the Army in the same State and
afterwards went into winter quarters on St. James Island near
Charleston under Capt. Clem Hall - in July afterward he was
sent to Wilmington and there received a furlough and
afterwards received a discharge from Lieutenant Lamb which he
delivered to Col. Ferebee of Currituck County and has never
seen it since. He resided in Currituck County, North
Carolina, when he enlisted - he enlisted for the War. He
hereby relinquishes every claim whatever to a pension or an
annuity except the present, and he declares that his name is
not on the Pension Roll of any Agency in any State.
John Lee ("X" his mark)
Sworn to and subscribed
the day and year aforesaid
M. H. Pettway Clk
And the said Court do hereby declare their opinion that the
above named applicant was a Revolutionary soldier and served
as he states.
John T. Clanton
Cary Whitaker
L. H. B. Whitaker
State of North Carolina
Halifax County
On this 21st day of August 1832 personally appeared in open
court before before the Justices of th Court of Pleas and
Quarter Sessions for the County aforesaid Robert L. Whitaker
(the L. J. did not affix to my signature until sometime after
I returned home from the Army) a resident of the County and
State aforesaid, aged Sixty seven who being first duly sworn
according to law, doth on his oath make the following
declaration, in order to obtain the benefit of the provision
made by the Act of Congress passed June 7th 1832.
That he enlisted in the army of the United States in the
month of July 1782 in Franklin County, North Carolina to
complete the term of service for Eighteen months of a private
named William Hill in the in the Company of Capt._____
commanded by Lieutenant Robert Bell in the Regiment commanded
by Majr. Hogg in the line of the State of North Carolina on
the continental establishment. Lieutenant Robt. Bell under
command of Majr. Hogg marched our company from Warrenton
North Carolina through Hillsborough, then Battle ground at
Guilford Court House through Salisbury, Charlotte, from
thence to Camden South Carolina over the high hills of Santee
to the Battle ground at Eutaw Springs, from thence to
headquarters at the Ashly Hills on Ashly River in the State
of South Carolina when the Regiment was then commanded by
Col. Archibald Lytle and my company by Capt. Benjamin Carter
and Lieut. or Ensign Dickson, when I with the rest of the
privates was furloughed until further orders or finally
discharged, peace having been proclaimed in the camps. After
that we were not called any more, with my furlough I obtained
a certificate for between seventy and Eighty dollars for part
of my pay signed by Jackson and Pierce, called final
settlements which I sold to a merchant for twenty dollars
before the funding law was passed by congress the balance of
my pay after the certificates were funded, I had no person to
direct me where to apply and not knowing the amount I sold
for ten dollars, that at the time of my furlough or discharge
I had remained in the regiment and in actual service from the
date of my first enlistment that I was furloughed at or near St. James island in the State of South Carolina when I
returned home to Franklin County, North Carolina. There I
remained until Feb. 1820 when I removed to Halifax County
where I am now living. I hereby relinquish every claim
whatever to a pension or an annuity except the present and he
declares that his name is not on the Pension Roll of any
agency in any State.
Robt. L. Whitaker
Sworn to and subscribed the day & year aforesaid.
M. H. Pettway, Clk
And the said Court do hereby declare their opinion the above
named applicant was a Revolutionary Soldier and served as he
states.
Cary Whitaker
Thomas Gary
William Doggett
State of North Carolina
Halifax County
On this 21st day of August 1832 personally appeared in Open
Court before the Justices of the Court of Pleas and Quarter Sessions for the County aforesaid, Jett or Jethro Harper a
resident in said County and State aforesaid aged Sixty Six
years who being first duly sworn according to law, doth, on
his oath make the following declaration in order to obtain
the benefit of the provision of the Act of Congress passed
June 7th 1832. That the said Jethro Harper in the County of
Halifax and State of North Carolina on or about the 1st of
July 1782 was drawn or drafted as a regular soldier in the
eighteeen months service to serve as a private in the army of
the United States in the company of Capt. _____ commanded by
Lieutenant Robert Bell in the Regiment commanded by Majr.
Hogg in the line of the State of North Carolina on the
continental establishment. Lieutenant Robert Bell under the
command of Majr. Hogg marched our company from Warrenton,
North Carolina through Hillsborough, the Battle ground at
Guilford Court House through Salisbury, Charlotte from thence
to Camden South Carolina over the high hills of Santee to the
Battle ground at Eutaw Springs, thence to headquarters at the
Ashly Hills on Ashly River in the State of South Carolina
when the Regiment was then commanded by Co. Archibald Lytle
and my company by Capt. Bacates and Lieutenant John Ford.
From Ashly hills we were marched to St. James island (about
twelve miles) about the 1st of July 1783 commanded by the
last named Archibald Lytle and Capt. Bacates and Lieutenant
John Ford. Where I with the rest of the privates was
furloughed until further orders or finally discharged, peace
having been proclaimed in the camps. After that we were not
called on anymore my furlough I kept sometime and lost it. I
never applied for my pay as I lost my furlough and thought I
could not get any thing, being a labouring man and having no
education, I remained in actual service from the time I was
drawn or drafted until I was furloughed at or near St. James
island in the State of South Carolina when I returned home to
Halifax County, North Carolina where I have remained until
the present time and where I am now living. He hereby
relinquishes every claim whatsoever to a Pension or an
annuity, except the present and he declares that his name is
not on the Pension Roll of any Agency in any State.
Jethro Harper ("X" his mark)
Sworn to and subscribed
the day and year aforesaid
M. H. Pettway Clk
And the said Court do hereby declare their opinion that the
above named applicant was a Revolutionary Soldier and served
as he states.
Cary Whitaker
Thos. Gary
Wm. Doggett
State of North Carolina
Halifax County
On this 21st day of August 1832 personally appeared in Open
Court, before the Justices of the Peace for the Court of
Pleas and Quarter Sessions, now sitting, John Harper a
resident of Halifax County, State of North Carolina, aged 71
years who being first duly sworn according to law, doth, on
his oath, make the following declaration in order to obtain
the benefit of the Act of Congress, passed June 7th, 1832.
That he entered the service of the United States under the
following named officers and served as herein stated, viz, he
was drafted in the militia of North Carolina in the year 1779
in the County of Warren, State of North Carolina and served a
tour of three months in the State of South Carolina and two
months in the State of North Carolina under the command of
Gen. Butler and Gen. Lincoln, Col. Jonas Johnson and Capt.
Andrew Jeter, and was at the Battle of Stone in the month of
June, same year- he never received a discharge. He served a
tour of three months, having volunteered in Warren County
under Gen. Butler and Gen. Green, Col. Read and Capt. Edward
Gandy and was discharged 15th April 1781 having served three
months; in this tour he was at Guilford Court House on the
8th March in same year - for this service he holds the
original discharge. He volunteered in Warren County and
served a tour in the above year from the first of Sept. to
the first of December under Gen. Butler and was discharged by
Capt. Anthony Hart of the Town of Halifax, North Carolina-
this tour he served three months. He was born in Northampton
County, North Carolina now resides in Halifax County, North
Carolna and has done so for 46 years. He has no other way of
proving his service but as herein set forth and the discharge
and accompanying affidavits- has no record of his age. He
hereby relinquishes every claim whatever to a pension or
annuity except the present, and declares that his name is not
on the Pension Roll of the agency of any State.
John Harper ("x" his mark)
Sworn to and subscribed
the day and year aforesaid
M. H. Pettway Clk
We Miles Smith a clergyman residing in Halifax County and
State of North Carolina and Willis Alston residing in the same
state and County hereby certify that we are well acquainted
with John Harper who has subscribed and sworn to the above
declaration; that we believe him to be 71 years of age, that
he reputed and believed, in the neighbourhood where he
resides, to have been a soldier of the Revolution and that we
concur in that opinion.
Sworn and subscribed the day and year aforesaid.
Miles Smith
Willis Alston
And the said Court do hereby declare their opinion, after
the investigation of the matter, and after putting the
interrogatories prescribed by the War Department, that the
above named applicant was a Revolutionary Soldier and served
as he states. And the Court further certify that it appears
to them that Miles Smith who has signed the preceding
certificate, is a resident in Halifax County, North Carolina
and that Willis Alston who has also signed the same is a
resident of the same county and state and is a credible
person and that his statement is entitled to credit.
Cary Whitaker
Thomas Gary
Wm. Doggett
Amount of Tax Collected by the Sheriff of Halifax County on
unlisted property for the year 1831.
Polls:
20 Free; 50 Black = 70
Acres: 6869 Value of Land: $22,162
List of Insolvents Allowed Sheriff:
In District No. 1 - 1 Free & 3 Black = 4
" " " 2 - 5 " 2 " = 7
" " " 3 - 9 " 6 " = 15
" " " 4 - 4 " 1 " = 5
" " " 5 - 10" 1 " = 11
" " " 6 - 8 " 1 " = 9
" " " 7 - 4 "
- " = 4
" " " 8 - 8 " 1 " = 9
" " " 9 - 2 " - " = 2
" " " 10 - - " - " = -
" " " 11 - 6 " 6 " = 12
" " " 12 - - " - " = -
" " " 13 - 4 " - " = 4
" " " 14 - 10" - " = 10
" " " 15 - 3 " - " = 3
" " " 16 - 4 " - " = 4
(totals) 78 Free 21 Blacks= 99 Total
District No. 12 later corrected to 11 Free, 2 Black
Ordered that the Sheriff be allowed one poll tax, given in by
Mike Rand.
Ordered that Frederick Pitman be discharged from payment of
one free poll for 1832.
Allowed Seven Dollars and Sixty Cents for error in listing
1010 acres belonging to John Alston, dec'd.
Allowed Tax on 40 acres listed by Geo. Price in District No.
2.
Refunded tax on one stud horse to Green Mabry.
August Term 1832
A list of public monies received by James Simmons Sheriff to
be accounted for in Settlement of Tax for 1831:
J. Smith & Co.
Bell & Co.
B. J. Spruill & Co.
James Hunter & Son
Turner Rutland
Wyatt Smith & Co.
Holliday Heath & Co.
Henry S. Haynes
Dunns Ferrall & Co.
Moses Smith
John W. Southall
Joseph L. Simmons
Andrew Harris
Joshua Corprew
Fredk W. Carr & Co.
Weston White & Co.
Henry Mason
Batchelor & Faulcon
James S. Zollicofer
Pope & Garrett
Turner Rutland
Pleasant Crump
Mourning Bailey
Wm. H. Pope
Ambrose Hawkins
Allen Webb
James Shaw
Wm. Nickells
Joseph J. Pitman
Joel Locke
Thomas Mason
Joel H. McLemore
Court adjourned til next day.
Tuesday 21st day of August 1832
(Most of the following cases involved unpaid debts)
Proof presented by the oaths of Wm. H. Brickell & John H.
Harwell, that notice was served on Dunns Ferrall & Co. in
case of Jos. L. Simmons vs Nathaniel W. Eaton.
Dunns Ferrall & Co. vs Benjamin B. Smith
Defendant took oath of Insolvent debtors, case discharged.
Wm. L. Hunt, Huistead Reynolds vs Thomas Cox &al
Following Jury empannelled: Eaton Pullen, Parismus Tillory,
Wm. Browning, Wm. Brickell, Jephtha Pritchett, Wm. W. Thorne,
Ambrose Harper,Thomas Lowe, Elija Pitman, J. B. Whitehead,
James D. Perkins, Jacob Higgs. Judgment for the Plaintiff.
Thomas Branch, admr. vs James Gee
Same Jury as previous. Judgment for the Plaintiff.
Thomas Branch, admr. vs James Gee &al
Same Jury. Judgment for the Plaintiff.
Thomas Branch, admr. vs James Gee.
Same Jury. Judgment for the Plaintiff.
J. J. Exum vs Wm. Doggett &al
Same Jury. Judgment for the Plaintiff.
Samuel Blount vs James R. Turner
Same Jury. Judgment for the Plaintiff. Case appealed to next
Superior Court, with bond secured by Rice B. Pierce & M. H.
Pettway.
Another case with same parties, came to same conclusions.
R. Kingsbury, J. H. Bryan vs. Wm. H. Pope
Same Jury. Judgment for the Plaintiff.
Same Parties & Jury as previous. Judgment for the Plaintiff.
John Sommerville vs George W. Barnes
Same Jury. Judgment for the Plaintiff.
John Sommerville vs John T. Clanton &al
Same Jury. Judgment for the Plaintiff
Ordered that the Sheriff summon following persons to serve on
the Jury at the next Superior Court of Law & Equity for
Halifax County to be held on the fourth Monday after the 4th
Monday in September:
Jos Jno. Williams Solomon Powell Jr. Thomas Ousby
Wm. Cristie Gid P. Harvey Willis Sledge
Laertes Morgan George Pollock Eliza Pope
Wm. Wootten David Tillery Nicholson Taylor
Jesse A. Dawson James Pierson G. W. ??vey
W. L. Wiggins James S. Vaughan J. S. Newsom
Thos. Nicholson Carey Whitaker Henry Doggett
James Perkins Nathan Baker J. R. Binford
Benj'n W. Ivey John Pepper Peter Brent
Green Mabry John Davis Wm. Sturdivant
Thos. Nevill Senr. John Fulgam Lewis Arrington
Jesse Powell Rice B. Pierce Joseph Green
J. J. Pitman, J. W. Cotton Manfact. vs Thomas R. Wiggins
Same Jury as others. Judgment for the Plaintiff
R. & J. Dunn & Co. vs B. S. Long &al
Same Jury. Judgment for the Plaintiff.
Bowers & McClelland vs Thomas & Guilford Nicholson
Same Jury. Judgment for the Plaintiff.
Bowers & McClelland vs Thomas Nicholson
Same Jury. Judgment for the Plaintiff.
The Same vs M. S. Wiggins
Same Jury. Judgment for the Plaintiff.
Joseph Gray vs Alfred W. Moore &al
Same Jury. Judgment for the Plaintiff.
A. C. Heaton, Wm. Browning vs E. D. Sledge
Same Jury. Judgment for the Plaintiff.
John W. Southall vs Wm. Doggett
Same Jury. Judgment for the Plaintiff.
Bowers & McClelland vs Charles Cole
Same Jury. Judgment for the Plaintiff.
State vs John Alston
Recognized $300 for his appearance at next Superior Court to
be held for Halifax County.
State vs Pleasant Crump
Defendant submits to Judgment of the Court. Court orders that
Crump is fined $10 & all costs, and that he give Security to
keep the peace and to be of good behaviour for 12 months.
Security of $500 entered by Thomas M. Squiggins, John
Peebles, & Warren Powell.
Court adjourned til next day.
Wednesday, 22d August 1832.
Justices present were M. T. Ponton, Chas. Shield, Laertes
Morgan.
Benjamin Hunter appointed guardian to William and Mary
Hunter, orphans (infants) of James Hunter dec'd.
Jno. D. Neville, H. H. Peebles vs Joseph W. Holt
Jurors: Jacob Higgs, James Perkins, Jos. B. Whitehead, Elijah
Pitman, Edwd. King Jr., Thomas Lowe, Ambrose Harper, Wm. W.
Thorne, Jephtha Pritchett, Eaton Pullen, Joseph J. Pitman,
and Henry Sledge. Judgment for the Plaintiff.
Joseph L. Simmons vs Nat. M. Eaton
Case of fraud. Defendant has been imprisoned, and is the
owner of various property previously not claimed, among them
a horse & gig, and several slaves, which he has assigned to
Gregory Walton in an effort to defraud his creditors. Both
the defendant & his wife have been seen with large sums of
money at the Town of Halifax & at Shocco Springs; the
defendant has offered to make loans of over $800 to several
persons. Also, defendant's wife acquired a considerable
estate under the will of Mrs. Long; defendant acquired by his
wife a considerable estate from Bassett Stith & the late Mrs.
Stith. Jurors were Hartwell Peebles, James W. Cotton, Lazarus
Lewis, Benjn. Campbell, Henry Aaron Sr., Thomas Tillery,
Stephen Pepper, Harvey Holt, Wm. Dicken, Edwd. C. Pitman,
Benjamin Johnston & Ahab. W. Taylor. Judgment in favor of
Plaintiff, and Defendant ordered to pay for all costs.
Court adjourned til next day.
Thursday, 23rd August 1832.
Justices present were Thos R. Nevill, B. S. Long, J. H.
Parker.
Justices &c for Cook & wife, formerly Mrs. Cotton vs James W.
Cotton &al
Referred by consent of parties to M. H. Pettway & Rice B.
Pierce and if they cannont agree, they are to choose an
umpire & their award of any 2 of them to be final among the
parties.
Geo. W. Gary vs Thomas R. Nevill
Case continued after Jury could not agree.
Francis G. Price vs Weldon Carter
Jurors: James Perkins, Jacob Higgs, Francis Jones, Alfred
Simmons, P. Crump, Thos. Squiggins, Wm. Pitts, Etherton
Merritt, Jno. G. Purnell, Sugar J. Davis, Gideon P. Harvey,
Laban Vincent. Judgment for the Plaintiff.
James Halliday vs Wm. S. Burt
Sheriff permitted to amend his return.
Mrs. Mary M. Williams excused from paying a double tax for
not listing her taxable property for 1831.
Notice to Lewis B. K. Dicken to bring in an appeal Thos. R.
Nevill vs Goodaman Nevill.
Following Inventories, Accounts of Sales, Reports of
Commissioners, &c were returned in Open Court, and ordered to
be recorded:
Geo. M. Bass, Inventory
Arch'd Davis, Acct. Current & report of Commission
Elias Fort, Estate, Acct. Current
James Hunter, additional inventory
J. H. Haile's Estate Rent of land & hire of slaves
Martha Hurter, year's provisions
Richard Jones Estate, Inventory
Marm. Strickland deal, acct of sales
U. Smith's admin. &c
Nathaniel Shelton's Inventory, Acct of Sales
The list of Jurors drawn at August Court 1832, being lost or
mis laid, it is ordered by a Special Court that the Sheriff
summon the following persons to appear before the Justices of
the County Court of Pleas & Quarter Sessions to be held for
the County of Halifax, at Halifax, on the third Monday of
November next, then & there to serve as Jurors for said Term:
Hardy T. Jackson Richard Smith Wm. Higgs
Turner Bass James Parker James Nevill
Thos. Vaughan Benj. Crawley John Drew
Benj. Campbell Stephen Pepper Abner Herbert
James Powell Jacob Higgs Littlebury Johnston
Canada Howell Thos. Watson John Hockardy
Asa Powell Sterling Marshall Rhodam Barnes
Thomas Tillory Thos. Green Sr. William White
George Powell John Lee Jr. James Zollicoffer
John H. Fenner W.W. Daniel Jno. G. Hamlet
John Pitts Warwick Hockardy Lemuel Crawley
General Young Edwd. King Sr. Eaton Pullen
Drawn at October Supr. Court 1832
Esquires Special Court:
J. H. McLemore
Thomas Nicholson
Carey Whitaker
August Term 1832
Appearance Docket of August Sessions 1832
N. M. Long vs A. A. B. Stith
Case executed. Defendant's attorney appeared, Ed. Hall;
payment & set off.
Washington Branch &al vs R. H. Bradford &al
Debt not executed. Nol pros as to H. B. Bradford. Judgment by
default; stay execution till November Term 1832.
Same Plaintiffs vs John T. Clanton
Debt executed. Defendant's atty, John Bragg. Payment & set
off.
Same Plaintiffs vs The Same
Debt executed. Defendant's atty, John Bragg. Payment & set
off.
Maclin Bass & Wife vs Frances Clack
Debt executed. Defendant's atty, E. H. Eure & J. A. Bynum.
Payment & set off.
M. H. Pettway vs Thos. Cox
Debt executed. Def't confessed judgment; payment agreed.
J. D. Purkins vs Wm. Browning
Debt executed. Judgment by default.
James H. Powell vs Edmund Jackson &al
Debt executed. Defendants atty, J. A. Bynum. Payment & set
off.
J. H. Bryan vs N. M. Long
Debt not executed. Alias writ issue.
Dunn Ferrall & Co. vs R. H. Wilson
Debt executed. Defendant's atty, E. B. Freeman. Payment & set
off.
Same Plaintiff vs Same Defendant
Debt executed. Payment & set off.
E. Breathith Ex'r vs B. S. Long
Case executed. Alias writ issue.
Bowers & McClelland vs Wm. Doggett
Case executed. Default judgment.
Same Plaintiffs vs Thomas Mason
Debt executed. Defendant's atty, R. H. Bradford. Payment &
set off.
Same Plaintiffs vsw Benjamin Bland
Case executed. Defendant's atty, R. H. Bradford. Gen'l issue;
payment notice to attorney.
The Governor use of F. S. Marshall, Thomas Burges vs Wm.
Browning
Debt executed. Defendant's atty, E. H. Eure. Conditions
performed, not broken, payment, accord & satisfaction
release.
Laertes Morgan vs S. W. Branch
Executed. Defendant's atty, S. Whitaker. Pled to complaint;
general issue, Liberem, tenementum.
Lewis Dupree vs B. B. Daniel
Debt executed. Defendant's atty, J.R.J. Daniel. Payment & set
off.
Polly Harris vs J. J. Williams
Case executed. Writ amended to make Alfred Alston a party
defendant, issued to Warren Co.
Wm. R. Smith vs James Simmons
case amended. Defendant's atty, B. F. Moore.
Wm. D. Amis vs Jesse A. Bynum
Case executed. Defendant appeared; General issue, payment &
set off.
N. M. Long vs A. A. B. Stith
Detinue executed. Defendant's attys, B. F. Moore & Ed Hall.
General issue.
Den on demise of Harriett Branch vs William Doggett
Ejectment executed. Default judgment.
John Dew, assignee vs Wm. M. Clack
Case executed. Atty. B. F. Moore. Payment & set off.
Emily Kimbell, Executor vs Benjn. Kimbell
Debt executed. Default judgment.
Henry Mason vs H. G. Burton & R. H. Wilson
Debt executed. Atty. E. B. Freeman. Payment & set off.
Bowers & McClelland vs Guilford Nicholson
Debt executed. Atty. B. F. Moore. Payment & set off.
Henry Mason vs William D. Amis
Debt executed. Atty. B. B. Blume. Payment & set off.
B. J. Spruill & Co. vs Dempsey Pitman
Debt service accepted. Default judgment.
Same Plaintiffs vs Richard Smith
Debt service accepted. Default judgment.
Same Plaintiffs vs James Young
Debt service accepted. Default judgment.
Court Adjourned.
Witness: M. H. Pettway, Clk
By J. H. Harwell, DC
============================================================
November Sessions 1832
State of North Carolina
At a Court of Pleas and Quarter Sessions began and held for
the County of Halifax at the Court House in the Town of
Halifax, On the 3rd Monday of November A.D. 1832 (being the
19th day of said month), the usual proclamation being made
Court met according to adjournment.
Present the Worshipful Esquires Justices of the Peace &c
Alfred W. Moore
Charles Shield
Mungo T. Ponton
Grand Jurors:
Eaton Pullen, Foreman
Thomas Green Senr., Stephen Pepper, James Nevill, Richard
Smith, John Hockardy, Hardy T. Jackson, Litby Johnston, Wm.
Higgs, Wm. W. Daniel, Thomas Vaughan, James Powell, Rhodam
Barnes, Thomas Tillory, John G. Hamlet; James Jones,
constable charged to attend them.
Petit Jurors:
Lem'l Crawley, Abner Herbert, Benjamin Campbell, Sterling
Marshall, Edwd. King Senr., John Pitts, Wm. White, Canada
Howell, Asa Powell, Thos. Watson, Gen'l Young, Jacob Higgs,
Jno. Lee Jr., John Drew, Turner Bass, Benj'n Crawley, James
Parker, John H. Fenner, George Powell.
Stephen Burrows obtained Tavern & Retail license, date back
to 1st Nov. 1832.
Goodman Nevill vs Thomas R. Nevill
Case reinstated from last term and placed on the Docket.
Ordered that the following persons be paid by the County for
services:
Wm. H. Pope, Jailor, Fifty Seven Dollars & 38 Cents
James Ash, Ten Dollars for burying Abram Smith
James R. Turner, Coroner, Eighteen Dollars & forty cents, for
inquest of body of Patsey Ellis
James Simmons, Three Dollars & 30 cents, Benj'n Johnston's
ticket in the Case State against J. A. Alston
Edward Epperson, Three dollars & 03 cents, his ticket, State vs Price Walker
John J. Crump, Five Dollars & 80 cents, his ticket, State vs
P. Walker & State vs Thomas C. Willis
Andrew Joyner, his ticket State vs J. J. Crump, Three 43/100
Dollars
Wm. W. Brickell, his ticket, State vs Town Commissioners, One
10/100 Dollars
Wm. Brickell, his ticket, State vs Thomas Mason, One 76/100
Dollars
Wm. Richards, his ticket, State vs J. Dawson, One 36/100
Dollars
Allen Mabry, his ticket, State vs J. Dawson, One 36/100
Dollars
Nelson Kelly, his ticket, State vs Vincent & Morecock, Two
10/100 Dollars
Alfred B. Harwell, his ticket, State vs the same, Two 17/100
Dollars
Benj'n Roan, his ticket, State vs the same, Two 10/100
Dollars
James S. Pierson, his ticket, State vs J. Jarrell, Four
43/100 Dollars
John Hockardy, his ticket, State vs the same, Four 43/100
Dollars
Nancy Carter, her ticket, State vs the same, Four 30/100
Dollars
Polly Mills, her ticket, State vs the same, Four 43/100
Dollars
Betsy Driver, her ticket, State vs the same, Four 43/100
dollars
Nancy Thompson, her ticket, State vs the same, Four 10/100
Dollars
Eldrige Thompson, his ticket, State vs the same, Four 43/100
Dollars
Hartwell Going, his ticket, State vs the same, Four 43/100
Dollars
James Jarrall, his ticket, State vs the same, Four 43/100
Dollars
Fed Going, his ticket, State vs the same, Four 43/100 Dollars
Maria Baker, her ticket, State vs the same, Four 43/100
Dollars
James V. Allen, Constable, witness &c, Twenty one 50/100
Dollars
Michael Ferrall, Seventeen Dollars & 72 cents, on behalf of
following persons for case State vs Jabus Jarrall - James
Jarrell, John Thompson, Betsy Jarrell, Louisa Thompson.
John H. Harrell, deputy clerk, Fifteen 80/100 Dollars
Spier Whitaker, County attorney, Twenty five Dollars
Matthew Pierce, One Dollar, State vs Williams & Bass
A. H. Nevill, One Dollar & fifty cents, State vs James Dawson
Wm. B. Moore, Robert Arrington, Joseph Johnston, Willis
Moran, each sum of Two Dollars & thirty cents, patrolling
Dist. No. 15 for 1832.
Jno. Sills & Samuel Whitehead Jr., each Two Dollars & thirty
cents, patrolling Dist. No. 7 for 1832.
Ransom Powell, Julius H. Zollicoffer, Elijah Powers,
Archibald Edmunds, Wyatt Hawkins, Benj'n Browning, each Two
Dollars & thirty cents, patrolling Dist. No. 5 for 1832.
Charles P. Campbell, Thomas Kirby Jr., Sherwood Bobbitt,
Decatur Parker, James Cullum, Charles Isles, each Two Dollars
& thirty cents, patrolling Dist. No. 3 for 1832.
Thomas Ousby, M. T. Ponton & John H. Fenner appointed to
settle Guardian acct between Guardian & John Hepkinstall &
Dolla Langford, formerly Hepkinstall.
Willis Johnston, Alfred Simmons, Henry Gary, J. H.
Zollicoffer & Rhodam Barnes appointed commissioners to audit
& settle acct of Martha Dicken, admin. of Wm. Dicken, dec'd.
Jno. Young, Lewis B. K. Dicken, Esqrs., King White, James
Simmons & Kinchen Harris appointed to lay off & allot to
Easter Alsbrook, widow of Marmaduke Alsbrook, one year's
support for herself & family.
Lewis B. K. Dicken, admr. of Marmaduke Strickland, dec'd,
ordered to sell slave Mary and her child, Rosette.
Ordered that slave, Moses, property of Benj'n Bell, dec'd, be
sold by administrator.
Jno. Purnell, R. B. Pierce, Ed. Morecock, Thomas M. Squiggins
& Joseph L. Simmons appointed commissioners to divide slaves
of Henry & John Jones, Heirs at law of Harrod Jones, in the
hands of Robert W. Christian.
James W. Batchelor, Isaac N. Faulcon & John H. Thrower
appointed commissioners to divide estate of Willis Daniel,
dec'd.
Canada Harrell, admr. of Marmaduke Alsbrook dec'd, ordered to
sell slaves Cherry & Joe.
Thomas Gary & Littlebury Gary, Esqrs. appointed to take
private examination of Caroline Drake, formerly Caroline
Smith, respecting the conveyance of her right to a certain
tract of land sold to Henry Sledge, it appearing to the Court
that she is unable to attend.
Charles Shields, Lewis B. K. Dicken, Wm. R. Smith Senr.,
James Young & Solomon Slatter appointed commissioners to
allot to Marmaduke N. Dickson his share of [unnamed]
Dickson's slaves in the hands of Wm. R. Smith Jr. Guardian.
Court order issued against Joshua Cole, Guardian of Heirs of
Wm. Crowell dec'd, to give new securities to his Guardian
bond.
J. J. W. Powell, King White & Turner Bass appointed as patrol
committee for District No. [blank].
Hartwell Fulgam, Harvey Holt, Henry W. Shearin, Isaac N.
Shearin, James G. Jones & James Aaron appointed patrollers in
a District.
November Term 1832
The following persons to be summoned to serve as Jurors in
the Halifax County Court of Pleas & Quarter Sessions in the
Town of Halifax on the third Monday of February 1833; to wit:
Elias Dicken Arthur Pitman Jr.
Andrew Joyner King White
Peter Brent James Lewis
Nathan Baker John Hawkins
Nicholas Gammon Willoby Simmons
Robert Johnston James S. Pierson
Jesse Butts Frek. R. Pitman
Benjn. Purkins Jno. Nicholson
Jacob Ingram John Shield
F. M. Saunders Berry Drew
Wm. Brickell Sugar J. Davis
James Lock Jr. John Spivey
Frank E. Broom John Phillips
John Harrison Robert Aaron
Wm. Bustin Thomas Lowe
Stephen Nichols Robert Jelks
Henry Mangum Lemuel Johnston
Jacob Dickens Willie Higgs
Following Deeds, Deeds of Trust & Bills of Sale exhibited &
proved in Open Court:
Deed- John W. Branch to Lazrus Lewis; proved by R. H. Crowell
Deed- Tobias Lewis to Lazrus Lewis; proved by Thomas King
Deed- A. Joyner to Henry Mason;by M. H. Pettway, Wm. C.
Clanton
Relinquishment-Jno. T. Clanton & Fanny Clanton, his wife
Relinquishment- Andrew Joyner, acknowledged by M. H. Pettway,
Ed Hall
Deed- Joshua J. Hepkinstall to Samuel W. Branch
Deed- William Browning to James Bishop
Deed- Luke Paden to Julia Sorey; by L. B. Abbington
Deed- Thomas Green Senr. to James Powell
Deed- Benj'n D. & David D. Ellis to Henry Sledge; by Rice B.
Pierce
Deed- Nelson Sessums to Whit Wilkins; by Canada Howell
Deed- John Suit to Jesse Beal; by Baker Vaden
Deed- Priscilla Harriss to Thomas Harris; by James Young
Deed- Wm. Harris to Henry Harris; by J. R. Jones
Deed- Nath'l Smith to Henry Sledge; by Hardy T. Jackson
Deed- Anna M. Mullen to Thos. Yarboro; by John W. Simmons
Deed- James S. Drake & wife to Henry Sledge; by L. Gary
Deed- Wm. Harvey to Allen Dameral; by Abner Harvey
Deed- Benford Easley to Mary Shelton; by Thomas E. Hail
Deed- Alfred Simmons to Wm. H. Day
Deed- Alfred W. Moore to John B. Tate
Deed- Jacob Higgs to H. S. Camp; by Wm. Higgs
Deed- Ann Young to Willowby Simmons; by John Young
Deed- John D. Nevill to James Nevill; by A. N. Holt
Deed- L. H. B. Whitaker to Martha Pitman
Deed- John Broom to Pompey Jones; by Thomas H. Lock
Deed- Wilson W. Carter to Jesse Butts
Deed- John D. Nevill to Benj'n Winter
Bill of Sale- Susan Rogers to James Rogers; by Jno. G.
Purnell
Bill of Sale- Susan Rogers to Thomas Rogers; by Jno. G.
Purnell
Deed- James Simmons Shff. to Peter Drake
Following appointments of Administrations of Estates granted
and Securities accepted:
Estate of Joseph J. Tunstall- William L. Tunstall, adm.;
securities Charles Shields, Turner Rutland
Estate of Thomas H. Carson- Henry Wilkes, adm.; securities
James W. Batchelor, Nelson Hamell
Estate of Mary Bell- James Young, adm.; securities Charles
Shields, General Young
Estate of Benjamin Bell, will annexed- James Young,
adm.;securities Charles Shields, General Young
Estate of Marmaduke Alsbrook- Canada Howell; securities King
White, Lewis B. K. Dicken
Estate of Richard R. Richard- Nath'l Pierce, adm.; securities
R. B. Pierce, M. Pierce
Estate of Lem'l Long- Jesse A. Bynum, adm.; securities N. M.
Long, L. Willcox
Court adjourned till tomorrow.
Tuesday, 20th November A.D. 1832
Present the Worshipful, Esquires, Justices of the Peace:
Sterling H. Gee
Alfred W. Moore
Thomas Gary
Elias Dicken vs J. J. Crawley
Defendant took oath for Insolvent Debtors and Crawley was
discharged from his imprisonment.
State vs James Morecock
Jurors: Wm. White, Thomas Watson, John Lee Jr., Abner
Herbert, Edwd. King Senr. Canada Howell, General Young, John
Drew, Benjamin Campbell, John Pitts, Asa Powell, Jacob
[surname omitted]
Jury found Defendant as the father of the child charged.
Judgment, filiation fee of $15 to be paid, & $10 each year
for 6 years.
State vs Jack Avent
Same Jury. Could not agree, one juror withdrawn & case
continued.
State vs John Branch
Jurors: Turner Bass, Ben Crawley, James Parker, John H.
Fenner, George Powell, Thomas C. Willis, Jos. W. Cotton, Wm.
R. Smith, Pleasant Crump, Thomas Allen, Nathaniel Pierce,
Gideon P. Harvey.
Defendant found guilty; fined $5.00 and all costs.
M. H. Pettway entered bond & security as required by law for
his duties as Clerk of the Court.
State vs Jack Avent
Recogizance Jack Avent in the sum of $100; Peter Avent &
Warren Powell securities.
State vs James Morecock
Morecock ordered to give his own Bastardy bond & give
Security for cost.
State vs Wm. P. Walker
Jurors: Thomas Watson, Jno. Lee Jr., Abner Herbert, E. King
Senr., Canada Howell, John Drew, Asa Powell, Jacob Higgs,
George Powell, Benj'n Crawley, Turner Bass, Thomas C. Willis.
Defendant found not guilty.
James Simmons Senr. appointed guardian to the heirs of
Littleberry Abbington.
John Ivey appointed guardian to Hudson heirs.
Court adjourned till tomorrow.
Wednesday 21st November 1832
Present the Worshipful Esquires Justices:
John T. Clanton
Thomas Gary
James H. Parker
State vs William P. Walker
Jurors: Geo. Powell, John H. Fenner, James Parker, Benj'n
Crawley, Turner Bass, Jacob Higgs, Asa Powell, John Drew,
Canada Howell, Edward King Senr., Abner Herbert, John Lee,
Jr.
Defendant found guilty, ordered to pay fine of $60 & all
costs.
State vs Ricks Pierce
Jurors: Elias Read, Hilliard Phillips, John Pitts, Wm. White,
W. W. Carter, Cyrus Tyre, Benj'n Campbell, N. M. Long, Wm.
Dicken, Benj'n Hawkins, General Young, Cha's. Cowey.
Jury finds that the defendant is not the father of child with
which he stands charged.
Thomas C. Willis vs The Heirs of Wm. Willis
Ordered an execution of the judgment obtained at November
Term 1831.
Washington Branch &al vs John T. Clanton
Jurors: Geo. Powell, John H. Fenner, James Parker, Benj'n
Crawley, Turner Bass, Jacob Higgs, Asa Powell, John Drew,
Canada Howell, Edward King Senr., Abner Herbert, John Lee Jr.
Judgment in favor of Plaintiffs and order to pay affirmed;
Defendant filed appeal for next Superior Court and entered
into bond with M. H. Pettway & E. H. Eure, securities.
Washington Branch &al vs John T. Clanton
Same Jury as previous. Judgment in favor of Plaintiffs and
issued order to pay amount of bond sued for; Defendant filed
appeal for next Superior Court and entered into bond with M.
H. Pettway & E. H. Eure, as securities.
Dunns Ferrall & Co. vs Robert H. Wilson
Same Jury. Judgment in favor of Plaintiffs. Payment schedule
set up.
Dunns Ferral & Co. vs Robert H. Wilson
Same Jury. Judgment in favor of Plaintiffs. Payment schedule
set up.
Court adjourned till tomorrow.
Thursday, 22d November 1832
Present the Worshipful Esquires Justices:
Isaac N. Faulcon
Mungo T. Ponton
Thomas R. Nevill
Hawkins & Harris vs Wm. B. Lockhart admr.
Jurors: Wm. White, Thos. Watson, Jno. Lee Jr., Abner Herbert,
Edwd. King Senr., Canada Howell, General Young, John Drew,
Benjamin Campbell, John Pitts, Asa Powell, Turner Bass.
Judgment in favor of Plaintiffs & damages assessed.
Defendant filed appeal for next Superior Court and entered
into bond with M. H. Pettway & George W. Gary, securities.
Court ordered the release from jail, Patsy Pritlow and
discharged all charges.
Thomas R. Nevill vs Wm. Dicken
Harrison Britt, a witness for defendant, failed to appear,
and supoena issued to show cause at next Court why he should
not be attached [arrested].
Thomas Cox vs G. Higgs & W. W. Clark Extrs., Lewis
Sayssard[?] vs Aquilla Womble
Jurors: Benj'n Crawley, James Parker, John A. Fenner, George
Powell, Joseph Pierce, Benj'n Johnston, Asbury Crowell,
Robert Whitaker, James D. Purkins, Benj'n Campbell, Abner
Herbert, Wm. White. Judgment for Plaintiff, damages assessed.
Defendant filed appeal for next Superior Court and entered
into bond with N. M. Long & J. H. McLemore, as securities.
Court adjourned till tomorrow.
Friday, 23rd November 1832
Present the Worshipful Esquires Justices:
Wm. Doggett
James H. Parker
John T. Clanton
On motion, John Faulcon have leave to withdraw the Specialty
out of the Clerk's office on which he obtained a Judgment by
attachment against Charles R. Eaton, on his leaving a copy in
its stead.
George W. Gary vs Thomas R. Nevill
Jurors: Wm. White, Thomas Watson, John Lee Jr., Canada
Howell, General Young, John Drew, Benj'n Campbell, Asa
Powell, Turner Bass, Benj'n Crawley, James Parker, Jno. H.
Fenner. Judgment in favor of Plaintiff, Defendant filed
appeal for next Superior Court and entered into bond with
James Boon & Benjamin Campbell as securities.
Benjamin T. Halsey vs Elias Read
Jurors: Abner Herbert, Ed. King Senr., John Pitts, George
Powell, Adam Holt, Julius H. Zollicoffer, Nelson Hamell, Jno.
D. Bradley, Henry Mason, Norfleet Thomas, Wilson W. Carter,
Turner Bass. Jury could not come to agreement, a juror was
withdrawn, and case continued.
Robert R. Whitaker Jr., Elisha Pitman, Elisha Jno. Applewhite
& Henry Applewhite allowed the sum of Two Dollars & thirty
cents each, for patrolling District No. 11.
Following Accounts Current, Accounts of Sale, Inventories, &
Reports of Commissioners returned in Court and ordered to be
recorded:
Gideon Alston's Inventory
Elizabeth Bradley's Acct
Benj'n Bryant's sale of Slave girl, Ema
Division of Slaves between Willis A. Willcox in his rights of
his wife and Charles Gee trustee for H. G. Mitchell
Wm. Harvey's Est. report of Commissioners
Beverly T. Jackson Est. report of Commissioners
Ann Pitts Est. report of Commissioners
Jeremiah J. Vaughan's Inventory
Appearance Docket
A. A. B. Stith vs John D. Amis
Case executed. Defendant's atty. B.B. Blume. General Issue &
set off.
The Governor to use of Andrew Harris vs Ransom M. Shearin &al
Judgment by default & enquiry.
R. W. Christian, E. Morecock vs Robt. Wilson &al
Defendants atty. B. B. Blume. "Nol pros" as to Wilson.
Payment & Set off.
Thomas Cox vs Abner Rawls
Debt executed. Defendant's atty. E. Wilkins, Esq. General
issue, payment & set off.
The Governor to use of Whitmell Hill vs William Browning &al
Debt executed. Defendants atty., E. H. Eure. Oyer had
payment conditions performed & not broken release.
M. H. Pettway, P. Crump vs Laertes Morgan
Debt executed. Defendants atty. B. F. Moore. Payment & set
off.
M. H. Pettway, P. Crump vs L. Gary, Exr.
Default Judgment.
Joel H. McLemore vs William B. Lockhart, admr.
Defendant's atty, B. B. Blume. General issue, set off.
Release- defendant was an infant at the time & William B.
Lockhart was his Guardian and supplied all necessaries.
Thomas Burges vs Wm. Doggett &al
Defendant's atty. E. H. Eure. "Nol pros" as to Henry Doggett.
Payment & set off.
Ferrall & Frazier vs Wm. L. Long &al
Defendant's atty. B. F. Moore. Payment & set off.
Ferrall & Frazier vs Major A. Willcox &al
Debt executed. Defendant's atty. J. A. Bynum. General issue,
payment & set off.
John R. Jones, admr. vs Thomas Kirby[?]
Debt Kirby[?] not found, service accepted by Sam'l Harper.
Thomas K.'s atty. J. A. Bynum. General issue, payment & set
off.
Hawkins & Harris vs William S. Powell
Court ordered that publication be made in the Roanoke
Advocate for six weeks for property condemned subject to the
Plaintiff's recovery.
R. J. Hawkins & Co. vs Wm. J. Powell
Same order as previous
E. Breathitt Exr. vs Benjamin S. Long
Alias case executed. Defendant's attys. J.R. J. Daniel & J.
A. Bynum. General Issue.
J. H. Bryan vs N. M. Long &al
Debt executed. Defendant's atty. J. A. Bynum. Payment & set
off.
F. G. Price vs John Carter &al
Affidavit for Scifa issued.
[that is, to show cause why an action should not be taken
against defendant]
John T. Clanton vs Henry Wilkes admr.
Debt service acceptd. Defendant's atty., B. F. Moore. General
issue payment & set release- no assets.
============================================================
February Term 1833
State of North Carolina
At a Court of Pleas and quarter sessions began and held for
the County of Halifax, at the Court House in the Town of
Halifax, on the third Monday of February A.D. 1833 being the
18th day of said month, the usual proclamation being made,
Court made according to adjournment.
Present the Worshipful
Thomas Ousby }
Thomas Gary } Esquires Justices of the Peace
Isaac Faulcon }
The venue being called, the following persons were drawn as
the Grand Jury To Wit: A. Joyner foreman
Lemuel Johnston Jacob Dickens F. E. Brown
Robert Jelks John Spivey James Whitehead
James Lock Jr. Henry Mangum Willowby Simmons
Jesse Butts John Shield
King White
Robert Johnston
Who being duly sworn & charged retired to business with
Norfleet H. Thomas a constable sworn to attend them.
The following are the Petitt Jurors. To wit,
Wm Bustin Benj'n Perkins Littlebury Drew
Marion Saunders Sugar J. Davis John Hawkins
John Phillips Jas. S. Pierson Thos. Lowe
Peter Brent Nicholas Gammon John Nicholson
Fred'k R. Pitman Stephen Nichols Elias Dicken
Wm. Brickell Robert Aaron Willie Higgs
On Motion the following persons are permitted to obtain a
tavern and retail license
To Wit:
Ambrose Hawkins Wm. M. Deford Lem'l Hargrave
Jas. J. Pitman Joel Lock Mourning Bailey
Joel H. McLemore Wm. H. Pope James C. Faucett
Martha Doggett widow and relict of Richard Doggett, appeared
in open court and entered for dissent to the will of her
dec'd husband. On motion, ordered that her dessent be
recorded.
The following persons being duly commissioned, To wit:
Leonard Daniel, James D. Perkins, James J. Vaughan, Willie
Higgs, and Reddin J. Hawkins, came into ope court & was duly
qualified as Justices o the peace for the County of Halifax,
the Oaths of office & the Oath to support the Constitution of
North Carolina and the Constitution of the United States,
being administered to them, they went on the Bench.
Ordered that the Clerk of the Court remove all othe Books &
papers belonging to his office to the large room of the Fire
Proof building lately erected for the safe keeping of the
records of this County; and that said room be set apart for
the use of said officer;
Ordered that the Clerk of the Superior Court & the Clerk and
Master in Equity remove the records belonging to their
offices to the Front small room of said building, & that the
said room be set apart for that purpose, for the use of said
officers and their successors.
Ordered that the Public Register remove the Books & papers of
his office to the back room of said building and that the
same be appropriated for the use of that officer.
Isham Matthews
M. L. Wiggins
Carey Whitaker
Thos. Ousby
Whereas it has been made appear to the Court, that a division
of the Negroes belonging to the estate of John Hudson dec'd
cannot be equitably made without a sale thereof and Edwin
Hudson one of the heirs of said John being of age, Then
ordered that James Powell Guardian for the Heirs of Jno.
Hudson dec'd be directed to sell Negroes, George, Sam, Nancy, Luvena, Annis & Halsey on a credit of six months, on
advertising ten days before the sale and divide the proceeds
between the parties thereunto entitled, after deducting his
necessary expenses therefore and allowing himself five
percent on the purchase money. And it is further ordered that
he make of his proceedings to next Court.
Ordered that Andrew Joyner, James R. Turner, John Ivey,
Henry Sledge and Thomas Gary or any three of them be
appointed to settle the estate of John Hudson dec'd with the
guardian and orphans.
Ordered that Andrew Joyner, James R. Turner, John Ivey, Henry
Sledge and Thomas Gary or any three of them be appointed to
settle the estate of Eaton Hudson with the admr. & report.
Ordered that Isaac N. Faulcon, Frances E. Broom, John D
Nevill, Goodman Nevill & Leonard Daniel, or any three be
appointed commissioners to allot to James D. Perkins his wife
part of the money & lands & all things which he is entitled
to agreeable to the will of Willis Daniel & report.
Ordered that A. Joyner, James Halliday & M. L. Wiggins be
appointed, a majority of whom may act to audit & settle the
account of Jos. J. Williams Exs. of Wm. Williams Guardian of
Roxanna and Thomas Harris & report.
Ordered that Rice B. Pierce admrs. with the will annexed of
William E. Shine dec'd, sell at public sale on a credit of
six months al the Negroes belonging to the estate of the said
Williams & Shine dec'd for the purpose of paying the debts
against said estate and report.
Ordered that Thomas R. Nevill admr. of Thomas Nevill dec'd be
permitted to sell the said Thos. Nevill's interest in certain
Negro slaves by the name of Cealia & Dick and a credit of Six
months, for the purpose of the debts against the said estate
and report.
Ordered that R. J. Hawkins, James Halliday, J. L. Simmons,
M. T. Ponton and M. H. Pettway or any three of them be
appointed to settle the account of Dixie C. Fenner Exr. of
Mary Fenner dec'd and report.
Ordered that Jesse Powell, Robt. Whitaker & J. H. Parker be
appointed to settle the estate of Benj'n Vick dec'd with the
admr. Henry Applewhite.
Ordered that Robert J. Pitman, Lewis B. Dicken, Jos. Jno.
Powell, Littlebury Abbington and Turner Bass or any three of
them be appointed commissioners to settle the estate of
Dorcas Pitman dec'd with Willie Higgs admr. & report &c
Ordered that Isaac N. Faulcon, James W. Batchelor and Henry
Aaron be appointed commissioners to settle the estate of
Martha Shearin with Nelson Hamell admr. & report.
Ordered that Thomas Ousby, M. T. Ponton and John H. Fenner be
appointed commissioners to settle the Guardian account
between J. H. McLemore Guard for John Heptinstall, Jesse
Heptinstall and Dolly Langford (formerly Heptinstall) &
report.
Ordered that S. Whitaker, Thomas Ousby and M. H. Pettway be
appointed commissioners to make the necessary improvement in
the rear of the Fire Proof office; also to have tin gutters
placed at the eves, of said office - and to remove the
poleing in front of the office, and any other improvement
they may deem necessary about the Courtyard and report.
Ordered that James S. Pierson, Willis Sledge and Wood J.
Hamlin be appointed commissioners to settle the estate of
Burton Eaton and report.
Ordered that the commissioners to remove the poleing to be
authorised to contract for repairing the sills &c on the
public square &c.
Ordered that no spiritous liquors be kept in the Court House
during Term time.
Ordered that the Northern Room in the Court House be set
apart for the sheriff's office.
Ordered that the Sheriff summon the following Persons, to
attend before the Judge of the Superior Court of Law to be
held for the the County of Halifax, at the Court House in the
Town of Halifax on the 4th Monday after the 4th Monday in
March next, then and there to serve as Jurors; To wit:
Henry Kimbell James J. Vaughan Jno B. Newsom
Isham Matthews John White Edwd. Morecock
James Jones Jr. Moses Johnston Laban Vincent
Colin M. Clark Thomas Allen Rice B. Pierce
Elliott Shaw Rhodam Barnes Solomon Powell Jr.
James Boon Willis Alston Alfred W. Moore
Benjn. J. Brantly Jos. Jno. Williams Frances Mallory
Benjamin Campbell Eaton Pullen John Pitts
George Harper Jesse Branch Wm. R. Smith Jr.
Amos Worrell Jephtha Pritchett Joshua Cole
James Powell John Carter Asa Bishop
John Purnell Wm. W. Thorne Willie Higgs
Ordered that the Sheriff summon the following persons to
attend as Jurors at May Term 1833; To wit:
Hartwell Merritt John Howson Wm. D. Fitts
Benjn. Johnston John Whitaker Ambrose Hawkins
Jesse R. Smith Aquilla Womble Benj'n Hunter
Carey Whitaker Jr. Asa Read James V. Allen
Wm. B. Whitaker Willie Pullen Geo. E. Spruill
Lewis Lyon Willie W. Jones Wm. Whitefield
Jeremiah Brinkley H. S. Camp John B. Tate
Prismus Tillery John Pitman Dixie C. Fenner
Isaac Hilliard Jethro Parker Pleasant Crump
Thos. C. Hunter A. B. Whitaker Joseph Green
Thomas Whitehead Roderick Pullen John C. Davis
William Hunter Guilford Nicholson Sugar R. Davis
Ordered that Wm Petitt, Wm Lane, Henry Gunter, Robt Whitaker
Jr. Elisha Applewhite and Demcy Pitman be appointed a patrol
for Dist. No. 11 for the present year.
Ordered that Wm. Saunders, John Hudson, J. L. Heptinstall &
H. J. Livesay be appointed a patrol in Dist. No. 8 for the
present year.
Ordered that the following orders issue to the several
persons entitled thereto, and that the County trustee pay the
same and that he be allowed the same in settlement with the
Committee of finance; viz:
E. B. Freeman clerk of the Superior Court, agreeably to a
standing order, the sum of Twenty Dollars
Thos. Burges Clerk and Master in Equity, agreeably to a
standing order the sum of Twenty Dollars
Jno. H. Pettway Clerk of the County Court, agreeably to a
standing order the sum of Seventy Dollars.
Spier Whitaker County Atto. agreeably to a standing order the
sum of Twenty five Dollars
Jacob Higgs $5.41 for services as a Juror at Novm. Term 1832
Jno. H. Pettway Clerk Nineteen dollars & 40 cents, his half
fees in State cases, wherein the State failed.
James Simmons Sheriff, Six dollars & 50 cents his half fees
in State cases wherein the State failed.
E. B. Freeman Sixteen dollars & 50 cents for printing &c
Abraham Spencer Sixteen hundred Dollars, for building Fire
Proof offices, as for report of Commissioners
James R. Turner Coroner Seventeen dollars & 40 cents for
holding inquest over the body of Wilson Green.
John W. Simmons Coroner Eight Dollars & 40 cents for holding
inquest over the body of James Strickland.
Daniel Barksdale Five Dollars for clearing & aft from Wyatt
Bridge across Fishing Creek
A. Joyner T. F. Wyatt and Rice B. Pierce, J.P., Three Dollars
each for one day service on Comittee of finance
Wade Johnston $3.10 his ticket in the case State vs T. C.
Willis
J. W. Batchelor $.76 amt of Michael Shearin's ticket in the
case State vs Gaffin
James Simmons $2.76 amt of H. G. Evans ticket in the case
State vs Robt. Short and Polly Weaver.
Willis Webb Wm R. Clark and Abner Rawls Two dollars & 30
cents each for patrolling Dist. No. 7 for 1832.
Robert Ivey, Hambleton Weldon and George Sledge each Two
Dollars & 30 cents as patrollers in the Dist. No. 16 for
1832.
Turner Fulgam John Shaw & E. Apperson $2.30 cents each for
patrolling in in Dist. No. 16 for 1832.
Thomas Watson, Henry Hobgood, Micajah King, James Ethergain ,L. B. Drew and Marduke Ellis, each two Dollars & 30 cents for
patrolling District No. 14 for 1833.
Henry J. Livesay, JP, Hezikiah G. Evans and William
Saunders,JP, be allowed each $2.30 for patrolling in Dist No
8 for 1832.
J. D. Purkins Jno. D. Nevill Wm. B. Moore Harvey Holt. H.
W. Shearin and James G. Jones be each allowed the sum of Two
Dollars & 30 cents for patrolling Dist. No. 2 for 1832.
Norfleet Edmonds James B. Simmons and John Maddra $1.53
cents each for 8 months service as patrollers in Dist. No. 3
for 1832.
John Spivey $2.30 for 12 months services
John Bass, Lewis Lyon, Thos. Gray, King White, Turner
Whitehead, Jos. B. Whitehead, Drew King; Eaton Cooper, Jno
White, Thomas Whitehead, Wm White, Littlebury Abbington &
Turner Bass be each allowed Seventy six & two third cents for
4 months service as patrollers at the rate of Two Dollars &
30 cents per annum in Dist. No. 3 for 1832.
Thos C. Willis vs The Heirs of Wm. Willis
On motion orderd that Plaintiff in this case have leave to
withdraw the notes and receipts filed upon filing in their
place a true copy.
Administration on the estate of William E. Shine dec'd was
granted to Rice B. Pierce- with the will annexed , when he
entered into bond of $3000 with J. R. Fenner & T. M.
Squiggins his securities.
Administration on the estate of Joseph Jno Williams Drake
was granted to William W. Thorne who entered into bond of
$1500 with Isham Matthews & Jos Jno Williams his securities.
Administration on the estate of Priscilla Burges was granted
to James Stamper, who entered into bond of $1000 with A. B.
Whitaker & W. C. Whitaker his securities.
The following Deeds, Deeds of Trust, Bills of Sales &c were
exhibited in open Court and duly proved or acknowledged and
on motion ordered to be registered.
Deed Jordan Wommac & Kinchen Wommac to Moses Smith proved by
the oath of Hardy G. Parker.
Deed M. C. Whitaker to Joel Lock proved by Jno. R. Fort.
Deed Willouby Simmons to J. B. Simmons proved by Samuel
Whitehead.
Deed Whitmell Wilkins to David & James Braswell proved by W.
D. Simmons.
Deed A. W. Taylor to Henry Aaron acknowledged.
Deed J. J. Daniel to Warren Powell proved by E. B. Freeman.
Deed Joseph Sullivant to R. J. Pitman proved by Lewis B. K.
Dicken.
Deed Trust- Norfleet Davis to P. P. Harvey proved by B. W.
Avent.
Deed Thomas C. Willis agent, to John Jordan acknowledged.
Deed Willis Alston to R. S. Stubbs acknowledged.
Deed Littlebury Abbington to John White proved by Lewis B.
K. Dicken.
Deed John D. Nevill to E. H. Eure acknowledged.
Deed Trust- Jesse B. Washington to Whit I. Hill- for the
benefit of Banister Parish acknowledged by Washington & Hill
- proved as to B. Parish by M. T. Ponton.
Deed Patsy Jones to Thos. O. Cain proved by Jno. Young.
Deed Ann Ellis to W. R. Smith Sr. proved by R. H. Smith.
Deed J. Simmons shff to L. L. Simmons proved b W. W.
Brickell
Deed Henry Mangum to Colin M. Clark proved by A. Bishop.
Deed Colin M. Clark to Levi S. Ives, Bishop &c proved by
Lem'l L. Parker.
Deed Charles Shield to J. Hannaford proved by W. H. Anthony.
Deed L. Abbington ato &c to Wm. Maddra ack.
Deed Thomas R. Wiggins to Benjamin Beverly proved by J.
Young.
Deed Wm. Price to Jno Powell proved by Thos. Willcox Jr.
Deed Jno. W. Simmons Joshua Cole & James Simmons to Robt.
Gary proved by Geo. Gary & R. H. Crowell- relinquishment of
Charles Cole proved by R. H. Crowell.
Deed Sterling H. Gee to J. J. Brinkley acknowledged.
Deed Elijah Ellington to J. J. Vaughan Jr., proved by W. W.
Vaughan
Deed Thomas C. Willis to James Shaw, acknow.
Deed Arthur Pitman to Priscilla Bradford, proved by Wilson
C. Whitaker
Deed Thomas H. Richardson to J. J. Brinkley, prov. by T. P.
Matthews
Deed Thomas R. Nevill to Squire Burt, prov. by J. C. Faucett
Deed Henry B. Drake to Lewis S. Drake, prov. by P. W. Drake
Deed John Alston to Jesse Richardson, acknow.
Deed Trust Stephen Read & wife & E. H. Eure to Thos. R.
Nevill trustee for benefit of J. D. Nevill, prov. by Wm.
Browning
Deed John H. Anthony to Thos. D. Lawrence, prov. by Thos.
Vaughan
Deed Henry Atkinson to Wm. Atkinson, acknow.
Deed James Savage to Bennet R. Wilkins, prov. by L. Morgan
Deed J. Simmons, shff. to Jno. Jordan, acknow.
Deed Gift Goodman Nevill to Martha Arrington, ackn.
Deed Gift Goodman Nevill to Reddin Nevill, ackn.
Bill Sale Wm. M. Edwards to B. W. Edwards, prov. by J. S.
Pierson
Bill Sale Wm. M. Edwards to B. W. Edwards, prov. by J. S.
Pierson
Bill Sale J. H. Bradley to Reddin Nevill, prov. by Nathl.
Perkins
Bill Sale Frances E. Broom to Reddin Nevill, ackn.
Bill Sale Goodman Nevill to Reddin Nevill, ackn.
Bill Sale Canada Howell admr. to John White, ackn.
Bill Sale Susan Rogers to Nancy Smith, prov. by Jno. G.
Purnell
Bill Sale James Ethergain admr. to Thos. Gray, prov. by Jno.
Sills
Bill Sale A. A. B. Stith, E. b. Freeman, J. J. Daniel &
Frances W. Stith to Henry Aaron, prov. by Benj'n S. Long
Receipt J. J. Brinkley & John H. Powell to Mildred Pryor,
ackn.
Deed Rhodam Baines to Elizabeth Killpartrick, ackn.
Bill Sale Elias Read to Asa Read- handwriting by Jno. D.
Nevill
Deed Wm. W. West to Jno. A. Benford, prov. by W. W. Brickell
Bill Sale Thomas C. Willis to Lewis Arrington, ackn.
Deed Gift Wm. H. Harriss to Rosannah Harriss, prov. by Thos.
W. Harriss.
Bill Sale Elisha Wilkins to P. Brantly, prov. by L. B. K.
Dicken
Power Atto. Jno Willis to T. C. Willis
February Term 1833
Tuesday, February 19th 1833
Present, the Worshipful Esquires Justices:
Thomas Ousby
Jno. L. Wiggins
Isham Matthews
Elias Dicken was excused as juror for rest of this term.
Last Will & Testament of William E. Shine exhibited & proved
in Open Court by oath of J. J. Bell, having been found among
the valuable papers of said Shine. Handwriting of Shine
proved by the oaths of J. J. Bell, Warren Harris, Matthew
Pierce & Thomas Gary.
Mary Shine, widow of William E. Shine came into Court &
entered her dissent from the will of her said husband, and
said dissent was ordered to be recorded.
Mark H. Pettway & Jno. T. Ponton came into open court &
refused to qualify as executor to the the will of W. E.
Shine.
Administration was granted to Rice b. Pierce & will annexed.
Thomas C. Willis vs Heirs of Wm. Willis
Ordered that ticket in case filed by Willis Sledge be taxed
against the Defendants in this Suit; cost of application to
be pd. by Plaintiff.
The following Justices being on the bench:
Thomas Ousby Alfred W. Moore
John Carter Jos. Jno. Williams
Isham Matthews Benjn. S. Long
Charles Shield Laertes Morgan
T. S. Brownlow Mason L. Wiggins
Wm. Doggett W. C. Whitaker
Willis Alston Marcus A. Allen
James D. Perkins L.H.B. Whitaker
Carey Whitaker J. N. Faulcon
M. T. Ponton Rice B. Pierce
Leonard Daniel Sterling H. Gee
Valentine Bailey John H. Thrower
Thomas T. Wyatt Whitmell J. Hill
James J. Vaughn John Young
Thomas Ousby, Chairman & presiding magistrate offered his
resignation which was accepted, whereupon Rice B. Pierce was
unanimously appointed in his stead.
The Court determined to hold a Special Court and the
following were appointed to hold it for One year: Rice B.
Pierce, Isham Matthew, Mason L. Wiggins, Carey Whitaker and
Thomas Ousby.
Following persons were elected as Constables & entered into
bond, duly qualified:
District No. 1 - John W. Hepkinstall
District No. 2 - Adam N. Holt
District No. 3 - James Pender
District No. 4 - Matthew Pierce & Gid H. Allen
District No. 5 - R. M. Shearin
District No. 6 - James V. Allen
District No. 7 - James Jones
District No. 8 - B. F. Halsey
District No. 9 - E. R. Pierce
District No. 10- Norfleet H. Thomas & James Boon
District No. 11- J. J. Crump
District No. 12- William Collins & Lem'l Johnston
District No. 13- Edward Morecock Jr.
District No. 14- Robert C. Jones
District No. 15- Isham Matthews Jr.
District No. 16- Thos. M. Squiggins
Jno. T. Ponton renewed his bond as Public Register, with
Henry Doggett & Wm. Doggett his securities.
Court adjourned till tomorrow.
Wednesday, 20th day of February A.D. 1833
Present, Special Justices:
Rice B. Pierce
J. Matthews
Carey Whitaker
M. L. Wiggins
Thomas Ousby
State vs Erasmus Alston
Defendant failed to appear; Default recorded.
State vs Robert Short
Jurors: Wm. Bustin, Shugan J. Davis, Littlebury Drew, Jas. S.
Preison, John Phillips, Thomas Lowe, Robert Aaron, Lem'l L.
Parker, Wm. R. Clark, Marion Saunders, Joseph Pierce.
Defendant found not guilty.
State vs Town Commissioners
Same jurors. Defendants found guilty. Attorney, B.F.Moore,
moved an arrest of Judgment, which was denied; appeal granted
for next Halifax Superior Court, entered into bond with James
Halliday & Geo. W. Gary, as securities.
State vs M. C. Turner
Defendant entered into recognizance in sum of $100; Thos. R.
Nevill & James W. Batchelor, his securities for the personal
appearance of defendant, Matthew C. Turner, at May Term.
State vs Kinchen Toney
Jurors: Stephen Nichols, Fred. R. Pitman, Wm. Brickell,
Nicholas M. Long, Jesse R. Smith, Wm. H. Day, Henry Holt,
John H. Fenner, Lewis Arrington, Sylvester Smith, Stephen
Nevill. Defendant found not guilty of 1st count, but guilty
of 2nd count. Judgment: ordered to pay a fine of Ten Dollars
and all costs.
Court adjourned till tomorrow.
Thursday, 21st February 1833
Present, Esquires Special Justices:
Thomas Ousby
M. L. Wiggins
Isham Matthews
Polly Harris vs J. J. Williams & Alfred Alston, Exctrs.
Jurors: Wm. Bustin, Marion Saunders, Peter Brent, Shugan J.
Davis, Littlebury Drew, Frederick R. Pitman, Jas. S. Person,
John Hawkins, Wm. Brickell, John Phillips, Benjamin Perkins,
Thomas Lowe. Jury found that Defendants testator did assume
that there is no Set off, and after allowing all payments,
the balance of $3148.32 was due the Plaintiff.
State vs Elbert Ponds
Same jurors, except Stephen Nichols in place of Wm. Brickell.
Defendant guilty of first count, not guilty on second. Court
ordered that Defendant receive 39 lashes on his bare back,
and that he stand committed in the hands of the Sheriff until
he pays all costs.
State vs Abram Scott & Fed Hathcock
Jurors: Jno. G. Purnell, Wm. Brickell, Benj'n Johnston, W. W.
Carter, S. W. Branch, Asa Read, M. Bailey, E. C. Pitman,
Hardy T. Jackson, Alfred Simmons, E. Apperson, John H.
Fenner. Guilty verdicts for both. Atty. J.R.J. Daniel's move
for an arrest of the Judgment was denied; judgment ruled that
Fed Hathcock receive 25 lashes on his bare back and stand
committed till all costs are paid.
State vs James C. Gaffin & Betsey Lantern
Jurors: Wm. Bustin, Marion Saunders, Peter Brent, Shugan J.
Davis, Littlebury Drew, Fred'k R. Pitman, James S. Person,
John Hawkins, Stephen Nichols, John Phillips, Benj'n Perkins,
Thos. Lowe. Guilty as charged. Judgment, James C. Gaffin be
fined $10 & stand committed till fine & costs paid; Betsey
Lantern be fined $22.59 to be remitted on payment of $11.30
to stand committed tll she pays her costs.
State vs Jack Avent
Recognizance: Principal $50 Peter Avent & Thos. Green
securities in the sum of $25 each for the appearance of Jack
Avent at May Term 1833.
On motion, it is ordered that William Jones a free man of
colour be permitted to obtain a license to Hawk & peddle
without the limits of this County agreeably on act of
assembly &c.
State vs Alfred Simmons
Recognizance: Rice B. Pierce, paid security, for Defendants
appearance at May Term 1833.
State vs Samuel Chavis
Chavis acknowledged debt to the State of NC, with Henry
Wilkes & B. S. Long his securities, to assure that Chavis
appears before the Judge of Superior Court of Law & Equity in
the Town of Halifax on the 4th Monday after the 4th Monday in
March next.
John Crowell vs Heirs of Thos. H. Scott
Jurors same as Scott vs Hathcock, except Stephen Nichols in
place of Wm. Brickell. Plaintiff amended his case; ruled that
Statute of limitations applied, all other issues in favor of
Plaintiff. Judgment against Plaintiff for all costs, who then
obtained an appeal to the next Superior Court, entered in
bond with B. F. Halsey & Joseph J. Pitman, securities.
Court adjourned till tomorrow.
Friday, 23rd February 1833
Present, Esquires Special Justices:
Isham Matthews
M. L. Wiggins
Thos. Ousby
Rice B. Pierce
Carey Whitaker
Thomas R. Nevill vs Wm. Dicken
Jurors: Turner Rutland, Norfleet H. Thomas, Julius H.
Zollicoffer, W. W. Carter, Sylvester Smith, Joshua Cole, Wm.
Brickell, John Hipkinstall, Robert Aaron, John H. Fenner,
Nicholas M. Long, Jesse R. Smith. Judgment in favor of
Plaintiff, $66.50 with Interest and all costs. Defendant
obtained an appeal to the next Superior Court, securities
James D. Perkins, Henry Aaron.
John Crowell vs Joshua Cole
Defendant gave new securities as Guardian to the Heirs of Wm.
Crowell.
Richard H. Crowell, Excr. vs The Heirs of Thos. H. Scott
Jurors: Thos. Lowe, Peter Brent, Littlebury Drew, John
Phillips, Wm. Bustin, Stephen Nichols, Benjamin Perkins,
Fred'k R. Pitman, Jno. Hawkins, Shugan J. Davis, Hilliard
Phillips, Henry Purnell. Ruled that Statute of Limitations
applied, other issues in favor of Plaintiff. Judgment against
Plaintiff for all costs, who then obtained an appeal to the
next Superior Court, entered in bond with B. F. Halsey & J.
J. Pitman.
Henry Aaron vs The Heirs of Thos. H. Scott
Same Jurors. Statute of Limitations applied, all other issues
in favor of Plaintiff. Plaintiff obtained an appeal to the
next Superior Court, entered in bond with B. F. Halsey & J.
J. Pitman.
Richard H. Crowell Exr. vs The Heirs of Thos. H. Scott
Same Jury as Nevill vs Dicken. Ruled that Statute of
Limitations applied, other issues in favor of Plaintiff.
Judgment against Plaintiff for all costs, who then obtained
an appeal to the next Superior Court, entered in bond with B.
F. Halsey & J. J. Pitman.
The Governor to the use of Russel Kingsbury vs William
Browning &al
Same Jury as Crowell vs Scott, except Reddin Nevill in place
of Henry Purnell. Judgment in favor of Plaintiff. Penalty of
$2000 against Defendant for breaking bond, & $58.77 in
damages assessed for breach of contract; Defendant obtained
an appeal & entered into bond with Martin Read & Elisha H.
Eure, his securities.
It is ordered that all the Numbers of the Reports of the
Supreme Court belonging to this Court be collected & those
which may be lost or missing, be purchased & that and the
whole bound into proper volumes, & that E. B. Freeman Esqr.
be appointed for this purpose; And it is further ordered that
in future, that it shall be the duty of the Clerk of the
County Court to cause the numbers which may be hereafter
printed to be bound into volumes as the same may be
completed.
Thomas W. Gregory use of Aquilla Womble vs The Heirs of J. W.
Eure
Jurors: Robert Aaron, Wm. Brickell, W. W. Carter, Jas. S.
Pierson, N. H. Thomas, John Hepkinstall, W. M Long, Jesse R.
Smith, Julius H. Zollicoffer, Wm. Dicken, R. M. Shearin,
William Browning. Jury finds that the Administrator has fully
administered & no assets. Judgment against Plaintiff for
costs.
Saturday, 24th February 1833.
Present, Esquires Special Justices:
Isham Matthews
M. L. Wiggins
Carey Whitaker
Chairman use of Henry E. Horn vs Thos. R. Nevill
A new Appeal Bond permitted to be filed in case, since the
original has been lost. New bond with E. H. Eure & M. T.
Ponton, securities.
Shugan J. Davis vs R. F. Purrington
Jurors: Wm. Brickell, Stephen Nickells, Thomas Lowe, Benjamin
Perkins, Jno. Phillips, John Hawkins, Jas. S. Pierson, F. R.
Pitman, Littlebury Drew, Peter Brent, Marion Saunders, Wm.
Bustin. In favor of Plaintiff, the Defendant does detain
slave Sam valued at $300 as alledged; assessed damages of
$41.62 & costs for detention, and Defendant may discharge the
value of $300 if slave is delivered to Plaintiff.
ON Motion, Caveat granted to E. H. Eure to give in his list
of taxes & taxable property to the Clerk for the year 1832 &
enter the same on the Tax List.
James H. Powell vs Edmond Jackson & C. Jones
Jurors: W. W. Carter, J. R. Smith, Jos J. Pitman, N. M. Long,
Robert Aaron, Shugan J. Davis, Henry Purnell, Wm. Browning,
R. M. Shearin, Saml. W. Branch, Goodman Nevill, Reddin J.
Nevill. Judgment for Plaintiff, of $180, with interest.
Following Inventories, Account of Sales, Accounts Current, &
Reports of Commissioners returned in Open Court & recorded:
Margaret Richards allotment of years provisions
John H. Bailey's Division of Slaves
Martha Doggett allotment of years provisions
Richard Doggett division of Slaves
Benj'n Jones Hire of Slaves
Marmaduke Strickland acct sales
Thos. H. Carson Inventory
M. N. Dickson Division of Slaves
Wm. Dickens Report Comm.
Lem'l Long Inventory
Harrod Jones Division of Slaves
Reuben Moore Report Comm.
Thos. W. Jenkins Report Commissioners
Bell Benjamin acct sales & Inventory
Mary Bell acct Sales & Inventory
Marmaduke Alsbrook Inventory & Acct of Sales
Willis Daniels ret. & Division of Sales
Wm. Price Inventory & Acct Sales
Lem'l Long's Children, Rents & Hires, & acct of Sales
N. J. Drake's acct of sales
George Peebles acct sales & Inventory
Daniel Clark's Estate general account &c
Appearance Docket February Term 1833
Smith Uffard & Co vs White and Weston
Case of Weston not found. Executed on John White. Defendant's
attorney, J. Whitaker. Payment & set off.
Justices use of Wm. B. Lockhart for N. M. Long &al vs Jesse
A. Bynum, admr.
Defendant's atty, E. Hall, Esqr. pleaded to the complaint of
the plaintiffs action. Time for the administrator to plead.
Isaac Ricks vs Jesse A Bynum, admr.
Defendant's atty, E. Hale pleaded to action, till August
Court.
Joshua Corprew vs J. J. Pitman
Defendant's atty. B. F. Moore pleaded to complaint; payment &
set off.
Joshua Corprew vs Benjn. S. Long &al
Defendant's atty. J.R.J. Daniel, pleaded to complaint;
general issue, payment & set off.
Joshua Corprew vs Benjn. S. Long
Defendant's atty. J.R.J. Daniel pleaded to complaint; payment
& set off.
Joshua Corprew vs Rich'd H. Long &al
Case: R. H. Long not found, executed on others. Nol pros for
Long; Defendants atty. B.B. Blume, payment & set off.
W. Harris, Nat Pierce vs John T. Clanton
Debt executed. Defendant's atty., E. Wilkins, Payment & set
off.
B. J. Spruill & Co. vs Wm. H. Pope
Judgment by default. $368.50 with interest & costs.
Sterling H. Gee vs Elias Read &al
Nol pros, as E. Read not taken. Defendant's atty., B. B.
Blume; payment & set off.
Thomas Burges vs John D. Amis
Defend. atty., Benj. B. Blume. General issue & setoff.
A. R. Govan, H. G. Burton vs Jesse A. Bynum, admr.
Defend. atty., E. Hall; Time for Admr. to plead till next
Court.
Bowers & McClelland vs Thomas R. Nevill
Defend. atty., J.R.J. Daniel. Payment & set off.
Bank of Newbern vs Jesse A. Bynum, admr.
Defend. atty., E. Hall; Time for Admr. to plead till August
Court.
Henry S. Haynes vs B. S. Long
Defend. atty., J.R.J. Daniel; payment & set off.
Henry Mason vs William D. Amis
Defend. atty., B. B. Blume; payment & set off.
Roanoke Nav. Company vs Benjn. S. Long
Defend. atty., J.R.J. Daniel; Payment & set off.
Dunns Ferrall & Co vs Wm. Harvey Senr.
Defend. atty., J. A. Bynum; payment & set off.
Henry S. Haynes vs Wm. H. Pope
Defend. atty., J.R.J. Daniel; payment & set off.
Joshua Corprew vs Benjn. S. Long
Defend. atty., J.R.J. Daniel; payment & set off.
Israel P. Dessanay, assignee, vs Jesse H. Simmons & others
Simmons not found; nol pros. Executed on others, whose atty.
B. F. Moore; payment & set off.
Dunns Ferrall & Co. vs Jos. J. Pitman
Defend. atty., B. F. Moore;payment & set off
Robt & Jno Dunn & Co. vs Jos. J. Pitman
Defend. atty. B. F. Moore; payment & set off
Alexander Henderson, H. G. Burton vs Jess A. Bynum, admr.
Defend. atty., E. Hall; Time for admr. to plead till August
Court.
Andrew Harriss vs Benjn. S. Long
Defend. atty, J.R.J. Daniel; payment & set off.
William Nickells vs Wm. S. Tunstall, admr.
Nol pros.
Rebecca E. Goodwin vs Wm. L. Tunstall, admr.
Defend. atty., E. Hall;Time for admr. to plead till August
Court.
Weston White & Co. vs Benjn S. Long
Defend. atty. J.R.J. Daniel; payment & set off.
Andrew Harris vs Benjn. S. Long
Defend. atty., J.R.J. Daniel; payment & set off.
Thomas F. Ellender & wife vs The Executors of N. J. Drake
Wm. W. Thorne, Henry Harris, Marion Saunders, Wm. Brinkley, &
Jno. Powell appointed commissioners to divide the Slaves of
Drake, except: Ceasar, Lewis, Manerva & 3 children Nelson,
Eveline & Amelia.
Thomas Burges, assignee bs H. Hutchins &al
Hutchins not found; executed on Baskerville & Williams.
Defend. atty, J. A. Bynum; Payment & set off.
Benjamin Kimbell vs Robert Arrington
Defend. atty, B. F. Moore; General issue, stat sim, release &
accord & satisfaction.
J. L. Simmons vs B. S. Long
Defendant confessed judgment for debt to be paid with
interest.
Court adjourned till Court in cause.
Test
J. H. Harwell, DC
Clerks Office 1st March 1833
Thomas Ousby, Henry Garrett & J. H. McLemore Esqrs. met at
the office and granted letters of Special Administration on
the estate of Betsy C. Alston, dec'd to John Alston who filed
a schedule of the personal property of the dec'd and entered
into bond of $2000 with H. J. Macon & Wm. H. Pope his securities. Ordered at the same time that the administrator
sell the estate of his intestate agreeably to Law.
Witness
J. H. Harwell, DC
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