Craven County NcArchives Court.....Jones, Vs. Spaight 1811-18
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Source: North Carolina Reports
Written: 1811-18

July Term 1811

RICHARD B. JONES and FRANCES, His Wife, v. RICHARD D. SPAIGHT and others.

From Craven.

Bringing lands into hotchpot. A, being seized of divers tracts of land, died 
intestate, leaving two daughters, B and C, his heirs at law. B intermarried 
with D, and A conveyed to B and her heirs four tracts of land; to D and to his 
wife B and their heirs, three tracts of land; to D and his heirs, two tracts 
of land. Some of the deeds purported to be made for a small pecuniary 
consideration; others of them purported to be made for natural love and 
affection, and others for natural love and five shillings: Held, that in 
making partition of the lands of which A died seized, (1) the lands conveyed 
to the husband alone are not to be brought into hotchpot, but that (2) the 
lands conveyed to the wife alone, and a moiety of those conveyed to the 
husband and wife, are to be brought in.

This was a petition for the partition of the lands of which Joseph Leech died 
seized, and it presented divers questions relative to advancements in lands, 
made by the parent to his or her children. The petition stated that Joseph 
Leech, formerly of Craven County, had died intestate, seized and possessed of 
divers tracts of land therein described; that he left him surviving a son 
named George M. Leech, and two daughters, the petitioner Frances and Mary 
Jones Spaight, widow of Richard Dobbs Spaight, on whom descended, as his heirs 
at law, the lands aforesaid. That the said George M. Leech died intestate, 
leaving him surviving his two sisters, the aforesaid Frances and Mary; that 
Mary had since died intestate, and all her right, title and interest in the 
lands descended upon Richard D. Spaight, Charles G. Spaight and Margaret E. 
Spaight, between whom and the petitioners the lands aforesaid were to be 
divided in equal moieties, viz., one moiety to them and one moiety to the 
petitioners.

That Joseph Leech, in his lifetime, by deeds reciting the respective 
considerations hereinafter mentioned, did convey sundry other tracts of land, 
either to his daughter Mary Jones Spaight and her heirs, or to Richard Dobbs 
Spaight, her husband, and to his heirs, or to the said Richard and to the said 
Mary, his wife, and their heirs; that is to say, that he, by a deed bearing 
date 3 August, 1800, purporting to be made in consideration of the sum of five 
shillings, conveyed a tract of land containing 640 acres, on the west side of 
Pee Dee River, to Richard Dobbs Spaight and his heirs; by deed bearing date 20 
May, 1801, purporting to be made in consideration of the sum of five 
shillings, he conveyed a tract containing 200 acres, lying in Craven County, 
on the south side of Neuse River, to Mary Jones Spaight and her heirs; and by 
deed hearing date 11 May, 1801, purporting to be made in consideration of the 
sum of £40, he also conveyed to the said Mary Jones Spaight and her heirs a 
tract containing 300 acres, lying near to the before described tract. That by 
deed bearing date 13 December, 1797, and purporting to be made in 
consideration of the sum of £20, he conveyed to the said Richard Dobbs Spaight 
and his heirs a tract containing 100 acres, lying in Craven County, on the 
west side of Slocumb's Creek; that by deed bearing date 21 May, 1794, and 
purporting to be made in consideration of natural love and affection and of 
the sum of £5, he conveyed the front of lot No. 24 and the eastern half of lot 
No. 25, in the town of New Bern, to the said Richard and Mary, his wife, and 
their heirs; that by deed dated 18 June, 1795, purporting to be in 
consideration of £100, he conveyed a tract of thirty acres on Trent River to 
the said Richard Dobbs Spaight and his heirs; that by deed dated 3 June, 1796, 
purporting to be in consideration of natural love and affection and the sum of 
five shillings, he conveyed a tract lying near New Bern to the said Mary Jones 
Spaight and her heirs; that by deed dated 4 January, 1797, purporting to be in 
consideration of natural affection and the sum of £5, he conveyed two tracts, 
one of 70 acres, the other of 60 acres, to the said Mary and her heirs; that 
by deed dated 12 May, 1792, purporting to be in consideration of love and 
affection and the sum of £5, he conveyed a tract of 76 acres in Craven County, 
a lot in the town of New Bern, No. 25, and the half of lot No. 25, to the said 
Richard Dobbs Spaight and to Mary, his wife, and to their heirs.

The petition then charged that all the said lands were actually and in fact 
given to the said Mary Jones Spaight and her husband, by way of advancement 
unto the said Mary, by her father, and that the pecuniary considerations 
therein stated were never paid nor received, and were only mentioned as a 
formal circumstance in the execution of the deeds, and that the said lands 
ought to be brought into hotchpot. The petition prayed that the said lands 
might be decreed as advancements made unto the said Mary Jones Spaight, and be 
brought into hotchpot. The questions arising upon this petition were sent to 
this Court.

Gaston for petitioners.

Edward Harris for heirs of Mary Jones Spaight.

By the Court. The lands conveyed to the husband alone are not to be brought 
into hotchpot; those conveyed to the wife alone, and a moiety of those 
conveyed to her and her husband, are to be brought, into hotchpot in making 
partition of the lands of which Joseph Leech died seized.

Cited: Dixon v. Coward, 57 N. C., 357; Harper v. Harper, 92 N. C., 302, 303; 
Barbee v. Barbee, 108 N. C., 583.

Additional Comments:
North Caroline Reports, Vol. 6, Cases Argued and Determined in the Supreme 
Court of North Carolina, Reported by A.D. Murphey, Annotated by Walter Clark. 
1811 to 1813, Inclusive and at July Term, 1818. Reprinted by the State. E.M. 
Uzzell and Company, State printers and binders, 1910.

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