Craven County NcArchives Court.....Allen Dubberly, Susannah West V. 1815
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File contributed for use in USGenWeb Archives by:
Martha M. Marble http://www.genrecords.net/emailregistry/vols/00022.html#0005285 September 19, 2010, 3:40 pm

Source: N C Archives
Written: 1815

#869 1/2 - WEST vs DUBBERLY

Craven County - 1815

NC Supreme Court Case, found at the NC Archives, Raleigh, NC
Abstracted by Martha Mewborn Marble

Susannah West vs Allen Dubberly

The case was regarding a slave named Ben – the plf stated her father, Thomas 
Cox, in an instrument of writing in 1795 made a deed of gift for love and 
affection but there was no witness – the gift was for 4 slaves and ½ a town 
lot in New Bern

On the same day the sd Thomas Cox made a similar gift to his son, Longfield 
Cox, for several other slaves and the other 1/2 lot – this was all the land 
and slaves sd Thomas owned – the children were 8 and 10 years of age at the 
time so delivery was “proved” sic

Thomas when he made these deeds owned several horses and household furniture 
and also was indebted to several people but not to the amount of the property 
conveyed

Afterwards in 1797 Thomas sold the slave Ben to Joseph Loftin and executed a 
Bill of Sale for the price of 50 pds thought the slave was worth 200 pds – the 
slave was seized in Loftin’s possession on an execution of the suit of William 
Tignor, sold and purchased by Loftin after he had forbidden the sale and made 
known the gift to the plf noting the purchase would buy a lawsuit – Loftin did 
not disclose the prior purchase made by himself

The gifts to sd Cox’s children were seized by his creditors and sold – on the 
death of Loftin (next few words cut off) the slave was allotted from his 
(Loftin’s) daughter’s part of her share and on her intermarriage with the 
defendant came to his possession
NOTE: The first name of the daughter of Joseph Loftin was not given but she 
married Allen Dubberly

The Court said the deed to the daughter of Thomas Cox, being without a 
witness, was void – the first purchase by Loftin was legal but the price was 
too low

The hand written copy of the deed to the daughter Sucky of one Negro slave man 
Tom Stewart, one Negro man named Ben, one Negro woman named Rose, one Negro 
woman Molly and 1 Negro man John, 1/2 the lot in New Bern where I now live 
being Lot #273

The slave Ben was 26 years of age

William Tignor bought Ben from Loftin for $100 to satisfy an execution



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