Craven County NcArchives Court.....Stephen B. Forbes, George Wilson V. 1828
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File contributed for use in USGenWeb Archives by:
Martha M. Marble http://www.genrecords.net/emailregistry/vols/00022.html#0005285 May 12, 2011, 12:44 pm

Source: N C Archives
Written: 1828

#1537 – WILSON vs FORBES

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

George Wilson vs Stephen B. Forbes Adm of Thomas O. Bryan – Craven Co. 1828

John Stanley was the attorney for Forbes and John H. Bryan was the attorney 
for Wilson

Plea of covenants broken and not performed – the plf wants damage of $1,000

Thomas O. Bryan died intestate before the case was heard which was between Oct 
Term 1824 and April Term 1827

On jury – William Stapleford, Henry Ives, John Green, John M. Roberts. Richard 
G. Fonville, Amos Rome (sic), Dempsey West, Craven Dickinson, Rich. B. Hatch, 
Chapel Churchill, John Jackson, Charles I. Wilson
Jury found in favor of the plf and awarded 39 acres of land and $1,253.85 – 
def appealed

This was an action of covenant in which the breach was the want of season ?? 
of a tract of land conveyed by the def to the plf and the def said he had good 
title to the land – the plf was to pay $20 an acre for any excess over 387 
acres – the tract was adj to Mrs. Edwards, the back line of the Cathy patent, 
to Spring Field Branch, to Jimmy’s Creek, to where sd creek empties into the 
Trent River – the tract being part of a patent granted to James Cathy in 1713  
for 360 acres and conveyed by Slade to John C. Bryan - a copy of the Patent 
and the deed from Slade to Bryan were produced (not in folder) and a survey 
was done (a copy of this was in the folder and will be posted as an image if 
possible) – the def said the land conveyed was the back portion of the Cathy 
patent – within the tract were 2 plantations – one had been cleared 25 years 
ago and the other one cleared longer than that – 348 acres of the tract are 
undisputed – Jimmy’s Creek entered into the Trent River a few miles above New 
Bern - NOTE: There are more details of the land in the case and on the survey 
it was called Samuel’s Creek – the creek was navigable - plf cultivated a 
field in the bend of the branch for 10 – 12 years – it appears the dispute was 
where the true boundary of Jimmy’s Creek was – the plf said the def did not 
have clear title to the creek area

ABSTRACT OF DEED

7 Sept 1818 – Indenture – Thomas O. Bryan of Craven Co to George Wilson of 
Beaufort Co – 387 acres for $7,740 – NS Trent, mouth of NS of Jimmy’s Creek, 
down the Trent to the land formerly owned by W. S. Edwards per a jury verdict 
between William Slade and Nathan Smith in March 1796, to Cathy’s patent, to 
Springfield Branch – it being part of the land granted to James Cathy – (NOTE: 
it is possible the name Cathy was spelled another way here) – on 12 Nov. 1713 
and conveyed to John C. Bryan from William Slade and devised by sd John C. 
Bryan to Thomas O. Bryan – tract to be re-surveyed and was of greater quantity 
and if more the sd Wilson will pay the sd Bryan $20 an acre
WIT: Steph. B. Forbes, George Betting

END OF DOCUMENT

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