Wayne County, NC – Court – William Alford Estate Record, 1805 ~~~~~~~~~~~~~~~~~~~~~~~ ESTATE RECORDS-1779-1807 JONES COUNTY, NC LDS Film #1905949 WILLIAM ALFORD 1805 State of Wayne Co. James SASSER agst. William ALFORD 15 Oct. 1799 ________________________ State of NC Wayne Co. Oct. 1799 John PEARL/BEARL?, Senr. charges the plt. In this cause to attendance as a witn.; day of traveling 6 days, 300 mile--4s 15 Oct. 1799 Jam. GASER, cc? ________________________ State of N.C Wayne Co. We, Wm. ALFORD, Lodowick ALFORD, Jethro THOMPSON and Adam CARRAWAY are bound to James SASSER in full sum of 250 pds to payment made to sd, SASSER his heirs, exec., adm. Or assigns; we bind ourselves etc. sealed 15th Oct. 1799 In Court of Pleas & Quarter Sessions on 2nd Monday in Oct. 1799 Judgment was recovered by said Wm. ALFORD for 6 pence & cost. In Presence of James. GASER, CC Wm. ALFORD Lod. ALFORD Jethro THOMPSON Adam CARRAWAY ________________________ State of NC Wayne Co. Joseph DAWSON charge def. as surveyor to attendance 3 days on primeses 16 Oct. 1799 Ja. GASOR, CC ________________________ James SASSER VS. WM. ALFORD James RHODES charges as a witn. In this suit 2 days attendance on premises 4 days at court 17 Oct. 1799 Jas. GASER, CC ________________________ State of NC Wayne Co. Oct. 1799 Admiral HOWELL, charges as witn. In suit 2 days 30 miles 6 Oct. 1799 Jas. GASER, CC ________________________ State Of NC. To the Sheriff of Wayne Co. Greeting. Whereas In Sup. Court of law for the dist. Of Newbern, wherein Doc in the demise of James SASSER is plt. & WM. ALFORD, Def. Is suggested on the Rec. of sd. Court that the sd, Wm. ALFORD is dec’d and the plt. Having prayed some sd, remedy in this behalf we therefore willing that what is just should be doned to command you that you make known Lod. ALFORD, Etheldred ALFORD, Jethro THOMPSON & Piercy his wife, Adam CARRAWAY & Sarah his wife, Nancy ALFORD, Polly ALFORD, Benj. ALFORD & Carygam? ALFORD, heirs of Sd. WM. ALFORD that they personally appear before the judges of sd, court and the courthouse in Newbern on the 15 day of July next to show cause if any they have why the sd. Plat should not prosecute his suit to final judgment and further to do & receive whatsoever our sd court shall consider in this behalf. And have you then there this writ witn. Of Silas white ARNETT, clerk of Court; said. Court at Newbern the 19 march in XXIVth year of am. Independence 1800. S. W. ARNETT. ________________________ SASSER VS. ALFORD Lodowick ALFORD maketh oath that the defend. Wm. ALFORD was when the deponent left here the 20th Inst. Extremely ill, and ------------to attend this court, that the deponent is not in possession of any of the tables of his father nor doc. he know or believes that his father has any attorney in this court. Sworn to in open Court March 25, 1800 Lod. ALFORD S. W. ARNETT, CH. ________________________ State of NC Craven Co. To the sheriff of Craven Co. commanded to summons John C. PENDER & Bold Robin HOOD to appear before the Judges of Superior Court of law in Newbern on 26th of present term in behalf of James SASER in controversy wherein James SASER plt. and Wm. ALFORD, def. 26th March. 1800 S. W. ARNETT, C.H. ________________________ Lodowick ALFORD, Adm’r. of William ALFORD, deceased maketh Oath that a certain Richard GIBBS recovered a Judgment against his Intestate at March term of Newbern Superior Court 1794 for the sum of twenty pounds and costs that he is informed by the Clerk & it so appears from his certificate, the execution issued therein, returnable to September term 1794 from which time no further proceedings appear to have been herd on said Judgment until September term 1796, when an execution again issued, and was continued without satisfaction until Septr. Term 1797 when the Judgment again kept without any proceeding thereon until Sept. 1799 when it appears an execution issued on which execution not being satisfied, another issued at March term 1800-against the Goods & chattels of his Intestate in his hands, for the said fee of twenty pounds; the damages recovered as stated above and the sum of ten pounds 11/6-costs of said Suit which said execution the deponent is advised has issued irregularly and improperly, no proceedings having been had on said Judgment from Sept. 1794 to Sept. 1796; and again from Septr. 1797 to September 1799-and forasmuch as this deponent by said proceeding without suie? Facias having been served on him, is deprived of an Opportunity approving (as by good & sufficient testimony he can) that the sum of eight pounds 5/ has been paid on amount aforesaid Judgment or on account of the Costs thereof, and the property of his intestate now seized under said executions will be ------------ if immediately sold by the Sheriff for much less that it would command if he were permitted to sell the same at the usual credit-The deponent prays that the said execution may be seized by Supersedias? And that such proceeding may be had thereon as may be agreeable to law. Lodowock ALFORD made oath there the matters & things contained in the foregoing affidavit & stated to be within his own knowledge are true of his own Known case & the rest he believes to be true. Lo. ALFORD Before me the 5 May 1800 John Louis TAYLOR, J.S. C ________________________ Mr. Richard GIBBS Take notice that I have obtained from the Honr. Judge of the Superior Court to they the execution issues from the Superior court of Newbern district wherein you and Plt and Wm. ALFORD, def. and that on the eighth day of July term next of the Superior court to Newbern district Shall move the Judges of the said court to set aside the said Execution June 1800 Lod. ALFORD, Adm. Of Wm. ALFORD ________________________ State of NC July term 1800 Bold Robin HOOD charges the plt. In this cause to attendance as a witn. 2 days of traveling 160 miles 21 July 1800 S. W. ARNETT, C.H. ________________________ State of NC Wayne Co. Summons Thomas COOR, Senr., John GREEN, & Laz. HOWELL & Josiah WISE to appear in Superior Court at Newbern on 5 July next term on behalf of James SASSER 15 Jan. 1801 S. W. ARNETT, CH ________________________ State of NC Sheriff of Wayne Co., to summons Elizabeth BLACKMAN, Amos JOHNSTON, Arthur JONES & John GREEN to appear in Superior Court of Law on behalf of the heirs of Wm. ALFORD, Dec’d. in matter of controversy wherein James SASER plt. Vs. the heirs of Wm. ALFORD, 16 Jan. 1801 S.W.ARNETT, CH ________________________ State of NC. Superior Court of Law Jan. Term 1801 New Bern District James SASER vs. The admr. Of Wm Alford John Core PENDER charges the plat. In this cause of attendance as a witness-3 days traveling to and from court-150 miles Sworn 23rd Jan. 1801 S. W. ARNETT, CH. ________________________ State of North Carolina Wayne Co. In Obediance to a Commission from the Honourable the Judge of the Superior Court of Law to me Directed I have caused Thomas COOR, Senr. Aged about sixty seven years to come before me, one of the Justices of the County of Wayne, at my own dwelling house and after being duly sworn the deposeth and sayeth that he has been well aquainted with the land that was patented by Edmond SMITHWICK on Little River, about thirty six years and that the said patent began as he was tell’d at a water oak above the mouth of Branch that was call’d the great Branch near the River, this deponent further saith that the said Great Branch went by that name up to the mouth of a Branch called Rattle Snake, and on the north of the mouth of Rattle Snake was tell’d him by the old Settlers about fifty years ago to be Linches? Percoson and above the Percoson was called the great Ponds until it emptyed into Panther Percoson, and this deponent further sayeth that the ponds is always dry so they do not run any at all only in a very --- time, this deponent further sayeth that he has often seen the SMITHWICK patent run out and that it never sun in with the Great Branch at all, and that in all his acquaintances he never knew any person that formerly owned the said land to claim up further than about two hundred yards above marsh called Boyd’s Marsh, and from that the course of the patent to the River, and further this deponent saith not. Sworn to this 27th day of June 1801. Thomas COOR ________________________ N.C. WAYNE CO. John DOE complains of Richard ROE, in Custody & for that whereas James SASSER on the 10th day of Dec. 1796 in co. aforesaid had demised, granted and to farm let to the sad. John DOE a certain tract of land containing 300 acres lying on the north side of Neuse and south side of Little river. Beginning at a red oak on the river side a corner tree of James CHINEY’S patent and runs with that land south forty one west eighty six poles to a gum, then south thirty three east three hundred and sixty seven poles to a white oak then south eighty five east one hundred and sixteen poles to a White oak thence north thirty nice east thirty poles to a White oak a little river side, thence up the meander of the river to the first station in the county aforesaid to have and to hold thee said tenements with the appurtances. To the said John DOE, and his assigns for the 1st day of Dec. aforesaid. Into the full end and term of ten years then next ensuing and fully to be completed and ended by virtue of which said demise, he the sad, john DOE entered into the said, tenement with the appurtenances. And was thereon possessed until the sd, Richard ROE afterwards that is to say on the same 10th day of dec. 1796 with force and arms entered into the said ten. With the appurtenances. In and upon the possession of the sd. John DOE and him and the sd. John DOE from his sd. Farm his said? Term therein not being yet expired, ejected expelled & removed and the sd. John DOE being so - -- expelled, and removed the sd. Richard ROE hitherto hath with held from him and still doth withhold the poss. Thereof and other injuries than and there did to him, against the peace of the state and to the damages of the sd, John DOE forty pds. Where of he brings suit. Edw. HARRIS Plats attorney Mr. Wm. ALFORD I am informed that you are in poss. Or claim title to the ------------- - and premises mentioned in this declaration of ejectment or to some part thereof and having no title to the same. I do advise you or give you notice to appear on the second Monday of April next at the courthouse in Waynesboro before the justice of the court of sad. County then and there to be held by some attorney of sd. Court and the3n and there by a writ to be mad of the same court to cause yourself to be made def. in my stead, and make your defense otherwise I shall suffer a judgment to be had against me and you will be turned out of possession. Your living friend Richard ROE Copy test Jas. GASSER State of NC Wayne Co. In obedience to a commission for the Honorable the Judge Of the Superior Court of law to me directed I have caused Joseiah WISE aged about 36 years to come before me one of the just. For the county of Wayne at my own dwelling house and after being duly sworn deponent and sayeth that he being well acquainted With the land that was patented by James MACKLEWEAN and having lived on the sd. Land an little river 15 years proceeded to run but the said tract of land by the patent about 10 years ago. The surveyor came proceeded to run the sd. Land by the patent and it was so to pieces that he run the land by the deed from John SASSER to Wm. SASSER for the sd. Tract of lands and this dep. Says that he perfectly remembers t\that the pat. Was at that time in existence and corresponded with the aforesaid Dec’d from John SASSER to Wm. SASSER for 300 acres of land and this deponent had at that time the sd. Patent in poss. And some person took the patent to purulence? With some other patent And this deponent Says that he never have seen the patent Since, and further this deponent Saith not. Sworn to before one 27th day of June 1801 Josiah WISE J. C. PENDER ________________________ Received 15 July 1801 of Lod. ALFORD Admr. Of Wm. Alford dec’d 24 shillings & 8 pence in full of the within ticket. Test: Magor (his mark) HOWELL Jethro HOWELL ( his mark) State Of NC Newbern Arthur JONES, charges the plt. In this cause to attendance as a witn day of traveling 3 days 150 miles 22 July 1801 S.W. ARNETT, CH ________________________ State of NC July term 1801 Lazarus HOWELL charges the plt. In this cause to attendance as a witn day of traveling 3 days-140 miles 22 July 1801 S.W.ARNETT, CH. ________________________ State of N.C Superior Court of Law July Term 1801 James SASSER vs. the Heirs of Wm. ALFORD, Dec’d, Thomas COOR charges the plat. In this case to attendance as a witn. 3 days traveling to and from court 110 miles? 22 July 1801. S. W. ARNETT, C.H. ________________________ State of NC July Term 1801 Writ – the Dismise of James SASSER vs. The heirs of Wm .ALFORD, dec’d July term 1801 John GREEN charges the plt. In this cause to attendance as a witn day of traveling 152 miles Sworn 22 July 1801 S. W. ARNETT, CH. ________________________ Amos JOHNSTON maketh Oath that on Running? The Land in dispute between James SASSER and the Heirs of Wm. ALFORD, Dec’d he runs up the meander of upper Bear Creek to the mouth of Rattlesnake Branch which in a direct line is as expressed? In plat returned N 28 degrees 15 minits W 207 poles; thence ran up the Lands/Ponds or ---- Pocosin the course express in the second line of the Patent of Edmond SMITHWICK, 200 acre Grant N 45 E , which may be seen in his Plat returned to court in sd. Suit which is to say from point M the line drawn through the first Lands as is there set forth, that above the said line sd. Deponent sayeth there appeared to be a branch as is represented in sd. Plat from the letter M to N which on a straight line is N 19 deg. 30 m. E 264 po. And further this deponent sayeth not. Sworn to before me in open court Amos JOHNSTON 26 July 1801 ________________________ S. W. ARNETT State of N.C. To the Sheriff of Johnston Co... commanded to bring John SASSER to the court in the district of Newbern on the 15 July next to answer to Lodowick ALFORD adm. Of Wm ALFORD of a plea of trespass on the case to ---damages of 320 pounds. 23 Feb. 1802 S.W. ARNETT, CH ________________________ State of N.C. Johnston Co. John SASSER, Wm. SASSER, & John BYRAN, Junr. ARE BOUND UNTO Samuel MORSWORTH Esq. high sheriff of Johnston Co. in the sum of 650 pds we bind ourselves and our seals 26 Feb. 1802. The condition of the above obligation is such that that JOHN SASSER will make his personal appearance before the judges of the superior court of law on the 15 July next to answer to Lod. ALFORD ADM of Wm. ALFORD Dec. of a plea of trespass to the case to this damage of 320 pds. Signed John SASSER Wm. LASER? John BRYAN ________________________ Sir, Please to pay Richard CROOM my fee as sheriff in the Writ, James SASSER against the Heirs of William ALFORD in the Case of Wayne County Court. You will oblige yours, Wm. SMITH March 6th, 1802 Silas W. ARNETT, C.C. ________________________ State of NC Morris VEAL Plat. For 1 day attendance 200 miles 26 July1802 S.W.ARNETT, CH ________________________ Dear Sir, I paid Wm. SMITH his fees after the appeal was carraid up his fees in the County Court I paid into your office. John GARLAND Which you may see by looking on the back of the Execution mentioned above. ________________________ Received from Lodowick ALFORD adm. Of Wm. ALFORD in a horse? The sum of 50 dollars in full of a judgement & the allegency tax fee obtained in Newbern Superior court in the name of Richard GIBBS agst. Him June 1, 1804 Wm. BLACKLEDGE. ________________________ State N.C. Wayne Co. Command the goods and chattels of Wm. ALFORD, dec’d in the hands of Lodowick ALFORD his adm. You cause to be made the sum of 20 pds. Which Richard GIBBS recovered agst. The said Lod. ALFORD adm. Of Wm. ALFORD for damages and also the sum of 18 pds five shillings and two pence for cost and charges whereas the sd. Lodowick ALFORD is convicted in record and to have said moneis before our said court at Newbern on the 15 day of Jan. next. 15 July 1804 S. W. ARNETT, CH _______________________ Wayne Newbern Superior Court Richard GABBS Vs. Lodowick ALFORD, admr. Of Wm. ALFORD Plaintiff Fi Fa To Jan. Term 1805 Satisfied as the judgment & attorney fee by the receipt of Wm. BLACKLEGED Esq. Plaintiffs Att. James SASSER witness ticket paid him, Jno. GARLAND also paid. Balance paid in court. Robert FELLOW, D. J. __________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Sloan Spence Mason ___________________________________________________________________