#2325 – HARDY BRYAN and others vs JOHN WASHINGTON and JOHN A. B. WATSON
NC Supreme Court Case found at the NC Archives Raleigh, NC – Jones County
Petition to divide slaves – Jones Co – 1834 – on the Wed after the 2nd Mon of Sept in 1833 came Hardy Bryan by John H. Bryan his attorney to court with his bill of complaint against John Washington and John A, B. Watson – to the sheriff of Lenoir Co to bring sd Washington and Watson to Jones Co court on a plea of trespass and damages of $1000 – James W. Bryan attor for def – on jury was Benjamin Brook, Simmons Isler, James Harrison, John H. Hammond, Risden M. Janvi ??, Frederick Becton, William Gooding, Simon L. Becton, Owen Harrison, Joseph Foy, Samuel Hill and James W. Howard – part of the estate of Samuel Cox dec, Sears Bryan being beyond the limit of the state and in the territory of Fla – in right of his wife one of the distributes of Cox – William M. Kinney was the admin of Cox – the plf, Hardy Bryan acting with POA filed for a petition, which is annexed, in Lenoir Co along with the other distributees with the adm of the estate of Cox for the division of slaves of sd Cox and the negroes were allotted to the plf – Hardy Bryan was a suriety for Sears
Bryan and compelled to pay monies for him – the defs objected – the defs were present when Hardy Bryan took possession of the Negroes – the def Watson exhibited a judgment against Sears Bryan for 23 pds, 5 shillings and 9 pence bearing date 9 June 1812 – (it appears that Sears Bryan owed money to the def)
POA – attached – Sears Bryan conveyed POA to Hardy Bryan from the Territory of Fla in Tallahassee on 7 Jan 1831 – Sears Bryan was in the county of Jackson in Fla – on behalf of his wife, Catherine, who was a sister of Samuel Cox of Lenoir Co Document – Lenoir Co – 13 June 1833 – John Washington stated in front of John Jackson, Justice, that Sears Bryan was indebted to him for $93.15 with interest from 9 June 1813 but he has left the county so court can’t serve papers on him – I request you attach the estate of Sears Bryan that is found in your county
Levied this 13 April 1833 on three Negroes the property of Sears Bryan names Silas, Harriett and Holland – signed Jno. A. B. Watson, constable – Bryan has 30 days to come to court to answer the debt charges
Hardy Bryan attended on behalf of Sears Bryan and denied the charge
Document – John Washington of Newbern and John C. Washington of Kinston are indebted to Sears Bryan of Craven Co for $186.30 due 13 April 1833 – condition of obligation has on this date prayed an attachment of the suit of himself against the estate of Sears Bryan for $93.15 and interest from 9 June 1813 – if the suit is successful this to be null and void
Signed John Washington, Jesse Carmack, John C. Washington
Lewis C. Desmond Clerk of Lenoir Co Court says a true copy of proceedings on 28 May 1834
DOCUMENT
Lenoir Co – to Court on petition of Hardy Bryan on behalf of George Cox and John Cox, infants, by James H. Edmundson, their guardian, and of William McKinney adm of Samuel Cox and also as the agent of the said James H. Edmundson – states that Samuel Cox departed this life intestate and had the two mentioned Negroes – Cox left a surviving sister, Catherine, wife of Sears Bryan, and the children George and John Cox children of Frederick Cox a deceased brother – McKinney has in his possession the sd Negroes Venus, Silas, Franklin and Eliza and her two children Hollon and Harriet, – Sears and wife transferred their interest to Hardy Bryan and desire a division
Lot # 1- Vensus valued at $150 – Eliza and two children valued at $450 – Franklin valued at $300 – drawn by heirs of Frederick Cox
Lot #2 – Silas valued at $350, Harriet valued at $275, Hollon valued at $300 – drawn by Hardy Bryan
13 April 1833
signed D. Daughety Sr, M. Rhem, Wm Wooten
enrolled 11 ??? 1833, Lewis C. Desmond, Clk