In the Supreme Court, February Term, 1885
In the Superior Court of Moore County, NC
July 30, 2011 Contact Myrtle Bridges
John M. Hunter vs. Eli Yarborough (Moore County, NC)
The plaintiff, complaining, says:
1. That on 5th day of October, 1844, his maternal grandmother, Priscilla Thomas, now dead, executed a deed of gift to her married
daughter, Isabella C. Hunter, mother of the plaintiff, for two female negro slaves, one named Fanny Hill, about 5 years old, and the
other named Bet Ochiltree, about 14 years old, to have and to hold for her own benefit during her natural life, and as trustee in
remainder in fee in said negro slaves and their increase for the benefit of Jane Elliot Hunter, Martha Adline Hunter and all the other
children and legal representatives of said Isabella C. Hunter. A copy of which deed of gift, duly proved and recorded in Moore County,
NC, it being the county of the residence of the parties, marked A, is hereto appended, and is asked to be taken as a part of this complaint.
Registered in book A.G., page 231.
2. That the children of said Isabella C. Hunter, by her first marriage, are Jane Elliott, Martha Adline, B.W. Hunter and John M. Hunter,
the plaintiff; four in all.
3. That the said Isabella C. Hunter afterwards married the defendant, Eli Yarborough, by whom she had the following named children:
Abner, Duncan, Penny, Maggy, Joe and D. Yarborough; six in all.
4. That by virtue of the marriage of the defendant with the said Isabella, C. Hunter, the said female slaves, Fanny, and Bet, sometimes
called Kate, with her three children, viz: Hugh, Zack and another whose name is not remembered, came into the possession and control of
5. That sometime previous to the year 1860, and in the lifetime of the said Isabella C., and during their marriage, the defendant removed
and assisted in removing the said female slaves, Fanny, and Bet with her children, from the county of Moore, and sold them out and out to
a negro speculator to be carried beyond the limits of the State, receiving therefore, as this plaintiff is informed and believes, and so
avers, the sum of $1,750 cash.
6. That the said Isabella C. Hunter, afterwards Isabella C. Yarborough, mother of the plaintiff and life tenant of said slaves, died on
the 3rd day of August, 1880.
7. That the plaintiff has received no part of the said proceeds of sale, and upon demand made, the defendant has denied his right to
receive any part thereof; therefore, the plaintiff, submitting to affirm the sale of the said slaves, asks judgment: For an account and
settlement of his ratable part thereof; For other and further relief, and for costs of suit. (signed) R.P. Buxton, Attorney for Plaintiff.
Source: North Carolina, State Supreme Court Case Files, 1800-1909, Box 618, Cases 14340-14357
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