Craven County NcArchives Court.....Michael Fisher, John Doe V. 1853 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Martha M. Marble http://www.genrecords.net/emailregistry/vols/00022.html#0005285 February 14, 2008, 6:01 pm Source: Nc Archives Written: 1853 #6291 – JOHN DOE DEMISE OF WARD vs MICHAEL N. FISHER or maybe the case name is DOE ON THE DEMISE OF JOHN AUSTINE & OTHERS vs ROE & MICHAEL N. Fisher – there are several names given to this case NC Supreme Court Case found at the archives in Raleigh by Jo Huettl and abstracted by Martha M. Marble Craven County - Superior Court Fall Term 1853 Came John Doe on the demise of William H. Marshall and others by their attorneys William H. Washington and George L. Attmore – on a writ of ejectment – a plat of the land in disute and of the adjoining lots accompanied this case and is made a part of it NOTE: THERE WAS NO PLAT IN THE FILE SO THE LINES MENTIONED CAN'T BE IDENTFIED AND ARE NOT INCLUDED – the plf introduced 2 grants, one to Roger Bracher in 1772 and another to Lydia Guand ??? in 1771 – the plf introduced the will of Roger Bracher (found under Craven Wills) and the def objected based "upon the ground of the insufficiency of the probate" – the objection was overridden and the will was included – the plf then "offered evidence that the title was in the heirs of Nathan Stephens dec in 1809" – that a petition was filed, a partition was made between the heirs, that a report was returned at Sept Term 1811 – the tract was divided into 5 lots – Lot # 1 was drawn by Joseph, Lot # 2 by William, Lot # 3 by Daniel, Lot # 4 by Sally and Lot # 5 by Nathan Stephens - there was registration or order for registration made at that time and not until March Term 1852 was it done – the def said this should have been done at the proper time and not in 1852 – the Court overruled the objection – it was evidence that William Stephens who drew Lot # 1 sold it to Moses Stephens in 1814, that Moses Stephens died intestate leaving the only heir, John Stephens – sd Moses Stephens had become the Admin of one Elizabeth Stephens and had executed a bond of 500 pounds and after the death of sd Moses a suit was brought against John Stephens as the heir – the writ was executed against sd John while he was an infant and the pleas were entered by his attorney – judgment was found for the plf without stating the amount for damages and expenses – the land was later sold by the Sheriff to William Holland on 5 May 1818 – it was objected to on the grounds that sd John Stephens was an infant – in 1834 William Holland Sr deeded the land to William Holland, Jr under whom the plf claims – the plf further introduced a deed from William Holland Sr. to William Oglesby dated 1832 which alleged the line was between Lots # 4 & 5, and Lydia Guand – the def introduced the same deed with a different interpretation – the defendant introduced the will of William Oglesby (NOT INCLUDED) and a deed from his executor Joseph R. Franklin to one Isaiah C. Dennis for the same land – there was no evidence of a deed from Dennis to the def but there was evidence he was in possession of the land – there was some agreements on the lines (without a plat the information would not mean anything) John Doe complains that Richard Roe in custody & for that 1. whereas John Austin, Alexander H. Chesnutt, Catln/Catter ?? J. White and Nancy his wife and Frances C. Chesnutt on 1 Jan 1850 in Craven County granted, devised & to farm let to the said John Doe a parcel of land on the SS of the Neuse, head of Coleman's Branch – 100 acres known by the name of Red Oak Ridge pocosin beginning at the northernmost corner of the land sold by William Holland Senr to William Oglesby & with this line northwardly and westwardly to the back line of Roger Bracher's patent & along the said back line so far as will make 100 acres 2nd. that the sd John Austin on 1 Jan 1850 granted and devised & to farm one undivided moiety or half part, the whole into two equal moieties to be divided and of one other parcel of land on the SS of the Neuse River and the head of Coleman's Creek 100 acres by the name of Red Oak Ridge pocosin – repeat of Item #1 for description 3rd. the sd Alexander H. Chesnutt – repeat of #2 except one undivided 1/6 part 4th. the said Catter ?? J. White and Nancy his wife – repeat of #1 except one undivided 1/6 part 5th. – sd Frances C. Chesnutt – repeat of # 1 except one undivided 1/6 part 6th. – sd William H. Marshall & William Row – repeat of # 1 - did not give the undivided part 7th – sd William H. Marshall – repeat of #1 except one undivided one half part, the whole equal morities to be divided – one other part with same description 8th – sd William Row – same description as # 1 – one undivided half part – from 1 Dec for 99 years – the case reads as if Row removed John Doe from the land prior to the leases being up and sd Doe is suing for damages Mr. Michael N. Fisher – I am informed you are in possession to the sd premises mentioned in this suit and have no title and you are advised to appear at court – signed Richard Roe – 25 March 1850 Sd Richard Roe (sic) and Fisher pleaded not guilty by their attorney James W. Bryan – the trial was continued until Sept 1853 – the jury found the def guilty of trespass – but a new trial was granted because of improper testimony but then reversed itself – def then appealed to the Supreme Court – Michael N. Fisher bound to William H. Marshall on a bond of $500 A copy of the Will of Roger Bratcher is attached and will be found under Craven Co Wills Court of Please and Quarter Sessions in Craven Co June Term 1817 Court of Pleas and Quarter Sessions – John F. Smith, Chairman of the Court by his attorney, John Stanly, on a bill of complaint against John Stephens heir at law of Moses H. Stephens – sd Stephens owes 500 pounds and damages – NOTE: the handwriting is quite bad on these documents and it is not clear why Stephens owes money but he does appear to owe it to the court – a levy for debt was put against the lands of Moses Stephens – 100 acres SS and no more property was to be found (sic) – the land then descended to the heir, John Stephens – the sheriff was instructed to sell the land and to return it to court in March 1818 – this goes on to say that Moses Stephens owned 410 acres on Slocumb Creek on the main road leading to Beaufort and no more land to be found (sic) – the land was sold to William Holland, the high bidder, for $56.58 on 10 March 1818 There is a lengthy legal summary by the Supreme Court which is mostly not readable – there is a mention of a sale of property in 1784 and this is sufficient proof it is an ancient document – it appears that in 1810 commissioners divided the lands of Nathan Stephens – it appears to this abstractor that an estate, either that of Nathan Stephens or Moses Stephens had debts which were not paid and the def, John Stephen did not feel responsible for the debts since the Court did not collect on them at the appropriate time – there may have been a deed to Oglesby at some point but this is not clear and the property was adj to Roger Bratcher's land and other land that is not readable and one adj owner was Lydia Guand ??? – the tract may have been drawn by Daniel Stephens Lot #3 in the division of Nathan Stephens – at least two other people drew land – William Stephens who received Lot # 2 and Sally Stephens – it appears there was a problem with the corner of one of the lots. 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