Craven County, NC – COURT – John ADAMS Estate Record, 1787 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ESTATE RECORDS-1779-1807 JONES COUNTY, NC LDS Film #1905949 (Although these Court Records are listed as Jones Co., they pertain to Craven Co. where all the Court cases were held) ADAMS ESTATE RECORDS ADAMS, John, 1787 State of N.C. New Bern Superior court of law May Term 1788 Motion of W. IREDELL on affidavit of George BARROW filed, ordered a Writ of Mandamus issue directed to the co. of Beaufort to allow of an appeal in the suit lately wherein Elizabeth ADAMS, adm'r. of John ADAMS, deceased was Plaintiff and John BAYNOR the younger def. & show cause to the contrary within the court on the 20 May next 1789. Silas COOKE, Clk. State of N.C. Newbern Court of Pleas & Quarter sessions for county of Beaufort Nov. 1788 Writ of Mandamus to appeal in court, Elizabeth ADAMS, Admr. Of John ADAMS. Dec’d. was plaintiff and John BAYNOR the younger defendant. Writ allowed to next court. Continued till March term. 1789 State of N.C. Newbern district George BANNS files affidavit –Writ of Mandamus to County Court of Pleas & Quarter Sessions for Co. of Beufort-Elizabeth ADAMS Adm. Of John ADAMS, dec’d. Plt. And John BAYNOR the younger def.- Dec. Term 1787, at that time Elizabeth was attending a sick sister, she was absent at that time, the deponent George BANNS, was present at trial & acted under a Power of Attorney from his daughter dated 18 June 1787-Jury found verdict for the defendant-deponent was dissatisfied; he applied for appeal reasons being: The Deft.’s attorney did not assign reasons in writing to in title his client to appeal. BAN? Power of attorney was not registered.. Names mentioned in court records: John BEANER, Mary ORMOND, John BAYNOR State of N.C. Beaufort Co., N.C. Sept. Term 1789 Writ of Appeal to Elizabeth ADAMS, adm. Of John ADAMS, dec. in suit brought by Her agst. John BAYNER? The younger State of N.C. Edgecombe Co. Take Thomas JENKINS of your co. before Judges of Superior Court of Law for district of New Bern on 19 March next to answer charge by indictment for an assault committed on John WORSELY on the 15 July 1789. 19 Sept. 1792 Silas COOKE State of N.C. Martin Co. Take John COUNCIL of your co. before judges on the 19 March next to answer certain charge by indictment for an assault committed on John WORSELY on 15 July 1789. 19 Sept. 1792 Silas COOKE State of N.C. Beaufort Co. In obedience to a commission issued from Superior Court of Law & Equity of Newbern dated Sept. term 1792 directed to Samuel & Richard COGDELL Esqrs. To Depositions of Benjamin HAWKINS personally appeared before & being sworn on the Holy Evangelist of almighty God deposeth and sayeth that on or about the year 1780 that a negro WILLS the property of Saml BARROW dec’d called as this deponents house in said co. with some Iron in order to have a Brand made, to Brand his young creatures, this deponent made answer that he ---- make no brand for a slave the sd. Negro went off without any – made & took his irons with him, the next day he wife of the said negro called Bet WHEELER, came to this dep. With the same iron the aforesaid brought The day before to see if this dep. Would make a brand, this dep. Said he would not & sent her off with the same answer he had told the sd. Negro WILL, and further this dep. doth wit. This 19th day of Nov. 1792 Signed Benjamin HAWKINS Sworn before us Saml. WILLIS R. COGDELL Testimony of Geo. BARROW, Esq. Geo. BARROW, Esqr. Being sworne says as followeth, that the mair BAINOR is sued for is the property of the estate of John ADAMS, Dec’d, but to convince the world I am not mistaken I will mention further particulars and circumstances. That in the year 1775 in Spring a Sorel mair of mine Brought a black mare fold in February following the old mare died, we raised the colt it lern’t to feed at the mortar with its Dam?, I kept her in the pasture until she was two years old, in the summer drove sum horses up that run in the woods and turned the Black colt out with them, in the spring 1779 She brought a horse in Septr. Or Octr. Following I gave the mare and fold to John ADAMS which she is now owned by Mr. MANDERSON? In Bath, E. ADAMS sold the colt to Siras ADAMS? In the spring 1783, she brought this mair that BAINOR is sued for, she is Bay color, Blais face, Glass eyed, three white feet, the old Black mair being raised at the mortar was very gentle, although I had never put a bridle on her ---there had her Branded. I made constant practice to drive the gang of horses to a pen once in the summer season, to prevent there being hard to pen becoming wild, as they run in the Savannah near Mr. ADAM’S I often pen them there. Mr. ADAMS usually put his horse to the mair that I gave to his son John, it was his horse that got the mair in Dispute, and is E---ADAMS to buy the Bay Blasé face mair, we Looked for them I cold not find them all that summer, had not mistrust of any bodys taking them, supposed that when we went after them they mite being in sum thick ground in the fall of the year we found them in their gaing with the other horses that used their, except the Bay Blaise face mair, we made Inquiry, I told her nothing of her until about June 1787, my son William BARROW and the horses at John HARVYS, a certain negro slave names WILL in this year --- with the assistance as I have been informed of John HARVY took ADAMSES horses carried them to Washington kept them in a pasture and branded the black mare on the sholder with a gagg, it was BAINOR informing me than I was informed where the Bay mair was that negro WILL had sold her to J. BAINOR, I sent my son Wm. To BAINORS told him to Describe the mair if it was ADAMSES mair I would be with him in a few Days with evidences to prove the mair, he described the mare and was told it was the mair BAINOR bought of negro WILL by BAINORS wife and he informed me. I went to BAINORS few Days after carried two evidences to prove the mair to be ADAMES, BAINOR kept the mair out of sight, I described her to him except that I told she was a sorel instead of a Bay, and suppose if I had mentioned the white color, as I did the flesh marks, he BAINOR would not let us see her. The Deponent says he will mention what he knows and that circumstances, that the Negro WILL under cover? Took ADAMES horses, the Negro WILL a bought the year 178-? Bought a hors of one ALLIGOOD as the said ALLIGOOD informed him, the negro swapt the hors with CONGLETON, for a MAIR, the mair brought a Black mair fold in eighty two as this Deponant believes, for in the year 1784 this negro WILL lived on the head of Bath Creek come to me asked Levi to put his young mair over the Mill to prevent her from running away to the Beever Dams near Washington, gave him levis? In February following he put her in a field where I had sum cattle belonging to ORMONDS estate, I ordered him to take her away, abought a month after I saw a negro called DOCTOR DICK on her, he DICK told me he had bought her of WILL/ I knew it to be WILL’S mair by her Brand on the sholder with a gagg, he WILL had sold his mair the mother of the black mair, having sold his young mair to DOCTR. DICK in 85 in 86 he stold ADAMSES horses as I have already mentioned and Branded the old mair on the sholder in the same maner his young mair was, the Defendants asked this Deponent whether he had ever branded the mare, his answer was no that he never did, the Defendant asked the Deponent whether --- ------- --- not a mare running in the savanna whether she was not the colour of the marks gave his daughter Mrs. ADAMS, his answer was he never knew WILLS mare & both ------ to ---- at large, but that she was a ----- Black mare and further this Deponent saith Not. Signed: Geo. BARROW Sworn to before us May 24 1794 Sam WILLIS, J. P. Rich’d. COGDELL?, J. P. State of N.C. New Bern John G. BLOUNT & Charles COOK, Esq. to take deposition of Michael WOOLLARD, Sen., John BARROW, Junr.; Wyriott ORMOND, Henry SUREL?, Thomas BARROW & Mary JORDAN about controversy to appear in court on 19 Sept. 1795. 19 March 1795 State of N.C. Beaufort Co. Superior Court; of Equity The justices of the Peace, Sam’l WILLIS, Rich’d. COGDELL, take deposition of Israel WINDBY.: I knew Mr. BARROW to own a Black Mare which was then about 2 years old, which is the mother of a Bay mare now in ----- with Mr. BAYNOR which said Black mare was turned out of Mr. BARROWS Pasteur and her usual range was ------- Savannah, the said mare had a colt and that Mr. John ADAMS informed this Deponent that Mr. Jas. BARROW had gave mare & colt to him, he says that he recollects the aforesaid Black mare to ---- a bay mare colt with a blazed face, also he saw the above mentioned black mare and bay colt also described up at Washington in the possession of Mr. BAYNOR in the year 1787. How many years ago was it you saw that creature of Mr. BARROW? In the year 1776-1771, late in the summer. How old was you then Mr. WINDBY? About fourteen. 21st Sept. 1795 and farther this Deponent saith Not. Signed J. WINDBY Rich’d COGDELL, J. P. State of North Carolina George BARROW of Hyde County, Esquire maketh oath that Elizabeth ADAMS’ daughter of the Deponent and widow of John ADAMS deceased is administrator of the goods and chattels rights and credits which were of the said husband and as such instituted a suit in the County Court of Pleas and Quarter Sessions for the County of Beaufort against John BAYNOR the younger which suit ---- for trial as the said Court in December Term last, that at that time the said Elizabeth was attending a sick sister who was very dangerously ill and this, the Deponent believes, was the only reason of her being absent at the time, that this Deponent was present during the trial and --- under a Power of Attorney him his said daughter dated the eighteenth day of June one thousand seven hundred and eighty seven which --- he hath to produce this honorable court thereupon the trial of the said suit the Jury found a verdict for the defendant with which verdict this deponent was dissatisfied, concerning it to be contrary to the evidence given upon the trial and he applied for the granting of an appeal stating to the court the reason as above for the said Elizabeth not attending and producing his Power of attorney, also offering as Securities --- himself two persons of the names of William MOORE and Henry ADAMS (which is deemed sufficient) and the attorney for the said Elizabeth as the same time declared he was ready to --- his reasons and the deponent is not sure but the reasons were prepared, -- the court not withstanding refused to allow of an appeal and --- as the reason for not allowing is that the Power of Attorney above mentioned was not registered. The Deponent further said that he should --- have sentence ex--- to desire his said daughter Elizabeth to have attended the court that have his other daughter Esther --- he saw Elizabeth ---attended, was -- ----- ---- appeared to see her. Sworn in open Court. Signed: Geo. BARROW J.? COOKE John BANIR In Obedience to a Commission directed to William FARRIS and John Gray BLOUNT to take the depositions of Thomas BARROW, Henry SNOW?, John HARVEY, Wilbour PURKINS, Moses WINDLEY, Francis ALLIGOOD & John BANIR, Junr. I John Gray BLOUNT one of the Justices in the Commission named did on the sixteenth day of March at Washington in the presence of George BARROW, Esquire, in behalf of Elizabeth ADAMS, administratrix of John ADAMS and of John BANER the defend’t. both of which consuiting? Take the deposition of John HARVEY, Francis ALLIGOOD and John BANIER, Junr. John HARVEY being first sworn on the Holy Evangelist of Almighty God, deposeth and sayeth, that Mr. Samuel BARROW, owned a slave by the name of WILL which he gave leave to purchase a horse and he the said John HARVEY, did purchase a horse for the said WILL, and some time after say in the month of June, he the said HARVEY for and at the request of said WILL, did exchange with Mr. James LONGLITON? Said horse for a Bay Mare which said mare that spring brought a mare Colt and at the said colt arising to be two years old, he understood she was branded with an Iron gagg and he the said HARVEY shortime afterwards, saw said mare with such a brand or mark on her and she was then a black mare. At the said mare’s arising at the age of three or four years she brought a mare colt and the two succeeding years another all which run at large with woods, and said WILL applied to him said HARVEY to sell his old mare, namely the one he first swapped, and he understood that said WILL got Mr. John BARROW to sell said mare and afterwards said WILL turned his young horses below Town Creek into Duncan’s Savannah where they ran sometime, and the young mare which was the first colt, the old mare had, as he always understood had three colts the first of which was a mare colt and a Bay one, the next a horse and a bay one, the next a mare a black one, the said John HARVEY frequently saw said Horses running in the aforesaid Savannah and always understood them to be WILLS, until he heard Mr. John BANIR purchased them. Mr. BANIR, asked Mr. HARVEY whether a woman name Bet WHEELER did not pay him the money to purchase the first mare, to which he answered she did and that she was the wife of WILL. Mr. BANIR asked Mr. HARVEY if he BANIR did not drive up the mare after he had purchased her of Bet WHEELER and ask him HARVEY and others whether that was the mare that was WILLS or Bet WHEELERS on which they ---- for the brand & found it & further this deponent sayeth not & then pronounced her to be the mare. John BANIR Mr. Frances ALLIGOOD being next Sworn on the Holy Evangelist of Almighty God deposeth that he sold a mare to Mr. James LONGLITON which he afterwards understood said LONGLITON had exchanges with negro WILL or Bet WHEELER and she often ran away and came to his house, and was taken away by WILL and that he remembers, she used to bring with her a Black mare colt, with a Star in its forward, which continued to come with her until it was about two years old. Mr. BANIR asked Mr. Frances ALLIGOOD whether he BANIR did not bring a mare to his house and tell him he had purchased her of Bet WHEELER and asked him if it was the same he knew at two years old to come with the mare to his house to which said ALLIGOOD answered he did & that he believed it was the same and this deponent further Sayeth Not. Francis ALLIGOOD John BANIR, Junr. Being next sworn on the Holy Evangelist of Almighty God sayeth his Father, John BANIR purchased a mare of Bet WHEELER which he had in possession a month or more when George BARROW, Esqr. Came to his Father’s house and asked his Father if he had not purchased a mare of Bet WHEELER to which his Father answered that he had, Mr. BARROW requested he might see her on which his Father asked Mr. BARROW if he had ever Branded the mare he claimed to which Mr. BARROW answered he had not, his Father then asked Mr. BARROW what he was going to prove the mare --- to which Mr. BARROW answered by sure? Flesh marks, and then sayeth if she was the one he claimed. She was a Sorrell mare with a light mane & tail, and if that was not the colour of the one in his possession, she was not his an desired to seeth the mare, on which his father had the mare brought up and she was a bay with Black mane & tail, on which Mr. BARROW observed, he had been mistaken in the colour, but that was the identical mare and this deponent further sayeth not. John BAYNIR State of N.C. To the sheriff of Beaufort Co., The goods, chattels, lands tenements of John BAINER, Junr-the sum of 25 lbs which the administrations of John ADAMS lately in our superior court of law for the district of New Bern recovered agst. The sd. John BAINER for damages & also the sum of 52 pounds nineteen shillings & seven pence for costs and you returned to us that you had levied on one still, one bed & some household furniture which you had and sold for want of biders. We now command you to satisfy the said damages and costs together with the further sum of 5 shillings for this writ. To be held for the district of Newbern at he court house in Newbern on the 15 Jan. next. W. ARNETT Witn: Silas White ARNETT, CC 15 July 1804 18 Sept. 1795 in presence of George BARROW, Esq. on behalf of the plaintiff take the deposition of Mr. Thomas BARROW, sayeth: that at the time Elizabeth WHEELER lived on town Creek, he was at her house and say a young black mare about 18 months old in the field and saw that she was branded with a thing called a gag and several years afterwards he was at his mothers on town creek , he saw John BANER who told him he had purchased some horses of Elisabeth WHEELER and looked at the one the said BANER had just received from Elizabeth WHEELER. He examined the mare and does believe the mare was the same one. Thomas BARROW H. BLOUNT, J.P Chas. COOK, J.P. 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