Craven-Jones-Lenoir County NcArchives Court.....Tilghman, West Et Al V. 1848 ************************************************ 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 23, 2010, 6:05 pm Source: N C Archives Written: 1848 #4387 WEST et al vs TILGHMAN Craven County, Dec. 1848 – NC Supreme Court Case found at the NC Archives NOTE: Although this is called a Craven Co. case most of these people lived in Lenoir Co. right on the Craven line and in fact the legal documents found in the file were all Lenoir County. There was another case, #6946, on this same matter but it only contained a small portion of the Watson Will and this case contained the entire Will posted under Wills. There was also one deed already found and posted in the later case but repeated below because of differences. There is one new deed/bill of sale found below. Sept. Court 1845 Kinion T. West and Terecy his wife and Alexander Kilpatrick and Susan his wife by George Attmore their attorney – presented a Bill of Complaint against John Tilghman – they want sd Tilghman to render them the Negro boy Reubin worth $800 plus damages of $500 – the Sheriff of Lenoir Co. was also involved in Court – Tilghman’s attorney’s were James W. Bryan and William H. Washington, Esq. The def. Tilghman said the statue of limitation had expired – he further stated the Negro once belonged to Joseph Watson and was mentioned in his Will of 29 Oct. 1831 (the complete Will found under Lenoir Co. Wills) – sd Watson had a son, John A. B. Watson, who inherited land after the death of his mother plus 2 Negroes Reubin and Silvy, one mare by the name of Randy, hogs, bed and furniture – in the 10th item of the Will it states “all the other property not mentioned to be equally divided between my wife and my son John and at her death or marriage sd property to be divided between John, Terecy and Susan Watson but if any to die without heirs the other to inherit” – John A. B. Watson died without ever being married – Kinion T. West intermarried with Teresy Watson, Alexander Kilpatrick intermarried with Susan Watson, the sisters of John A. B. Watson – the sd Tilghman was in possession of the slave Reubin claiming him as his worn – the sd John Watson died in May 1845 – Joseph Watson’s Will was probated July Term 1833 and John was the Executor – the sd John was indebted as a result of a deed dated 19 Feb. 1841 conveying all his property including the sd slave Reubin to Pinckney Hardee in trust to sell the same to pay his creditors – sd Hardee deposed he sold all of John’s possessions including Reubin and Silvy in July 1845 in Lenoir Co – sd West was a creditor of sd John Watson – Alexander Kilpatrick bought up some of the debt and knew Reubin was being sold to cover the debts – at the auction West stated he would like to bid on Reubin and Kilpatrick wanted to buy Silvy and he did – most of the money went to pay the debts especially to West and Kilpatrick Jesse Jackson was a witness for the def and stated West told him he had been advised by counsel not to go to the auction William B. West was a brother of Kenian West BILL OF SALE State of North Carolina, Lenoir County Whereby John A. B. Watson by deed of trust being date the 19th day of February AD 1841 do convey to Pinckney Hardee a certain negro man named Reuben & whereas the said Pinckney Hardee do advertise and sell the said negro at the Court House in Kinston on the 7th day of July 1845 in complance with the requirements of the said trust at which sale John Tilghman became the purchaser he being the best and highest bidder at & for the price of five hundred and twenty seven dollars. Now Know all men by these present that the said Pinckney Hardee trustee as aforesaid, for and the consideration of the aforesaid sum of Five Hundred and Twenty seven dollars to him in hand paid by the Said John Tilghman, at the time of Execution these present the receipt whereof is hereby acknowledged, hath confirmed and sold, quit claim & released unto the said John Tilghman and doth by these present, bargain, sell, quit claim and release the aforesaid negro man Reuben. To have and to Hold the aforesaid negro Reuben, to him the said John Tilghman his heirs and assigns; and the said Pinckney Hardee trustee by as aforesaid hath by and upon these present warrant and defend all the right, title & interest which the said John A. B. Watson conveyed in the deed of trust as aforesaid, to him the said John Tilghman, his heirs or assigns. On witness whereof the said Pinckney Hardee hath hereunto set by hand & seal this 8th day of July AD 1845 Signed P. Hardee Signed, Sealed & delivered in presence of Rich. W. King State of North Carolina Lenoir County Court of Please & Quarter Sessions July Term 1845 Bill of Sale registered, W. C. Loftin, Clk Enrolled 20 August AD 1845, Jas. E. Metts, Regr. END OF DOCUMENT The deed from John A. B. Watson to Pinckney Hardee is found in Case #6946 but is repeated below with a few significant changes as it appears the clerks differed in copying the deed. INDENTURE (abstract) 19 Feb 1841 – Indenture – John A. B. Watson to Pinckney Hardee – owing to circumstances beyond the control of Watson he is now unable to discharge his just debts and is assigning his property for payment of same. For $1 and other considerations he is conveying the said property to Hardee – one tract where I now reside – 300 acres – courses will appear to a deed from James Daugherty heir at law of Daniel Daugherty to the said John A. B. Watson – also two tracts adj the lands of George Moy, Jesse Jackson and others being the same which was devised to me by the will of my father Joseph Watson – another tract adj the lands of John Patrick, Jacob Daugherty the courses will appear in a deed from James Daugherty Sr – 424 acres – also one negro man named Reubin and one negro girl named Sylvia, 6 head of horses, twenty head of cattle, 100 head of hogs, household and kitchen furniture & fifty barrels of corn, 2000 pounds of pork, farming instruments, & carts, wagons – to hold by the said P. Hardee as soon as requested by creditor and on 20 days notice shall place all at public sale – after deduction of his reasonable charges the said Hardee shall discharge the following debts: one note payable to J. C. Washington guard to the minor heirs of John Cobb for thirty seven dollars dated today with interest from 3 Jan 1838; one note payable to J. C. Washington guard to the minor heirs of John Cobb dated 7 Jan 1841 for four hundred dollars; one note payable to the same dated 5 Jan 1841 & payable at twelve months for Two Hundred and seventy dollars and fifty cents; one note payable to J. C. Washington & James Bryan admr of John Washington dec payable 24 Dec 1838 for forty one dollars; one note payable to J. C. Washington for the sum of four hundred and sixty dollars and eighty one cents dated the 18th last; one note payable to J. C. Washington for fifty one dollars and seventy five cents dated the 18th Mar; one note payable to J. C. Washington & Co for thirty seven dollars and sixty cents dated 18th July; one note to which I am security to Daniel Broadway and Stephen Tyre belonging to J. & J. C. Washington and payable to J. C. Washington 7 Oct 1837 for the sum of twenty five dollars; three other notes payable to H. F. Bond & Co one for one hundred and ninety dollars and ninety two cents dated today with interest from date 1 day of Jan last – one dated today for twenty eight dollars and twenty six cents with interest from the 1st of Jan last – and the other for sixty five dollars and twenty cents dated the 7 of July 1840 with interest from the 1 of Jan 1840; one note payable to Metts and Bond and dated today for two hundred and twenty dollars; one note payable to the same and dated 2 July 1838 for forty six dollars and twenty seven cents; one note payable to Kinion T. West & dated today with interest from the date for the sum of three hundred dollars; one judgment in favor of Phillips and Oxley stayed ?? by James Kilpatrick for about one hundred dollars; one note payable to Francis B. McKinney for about eighty dollars for hire of negro Abner; two notes payable to John Davis one of which I am security for Lewis Williams for about twenty dollars – the other one for which I am security for Michel Grant for about twenty dollars; one note payable to John Rouse for about eighty dollars date not recollected; one note payable to Isaac B. Cox Administrator of Wilie Kilpatrick for about sixty dollars date not recollected; one judgment in favor of Metts and Wooten stayed by James Daughety for about forty dollars; one judgment in favour of Thomas Abbott Jr. for about twenty dollars stayed by James Daugherty; the amount which I am now owing the following persons by account – Hardee & West – Stephen White – Davis & Kornegay – J Davis & Co – W. H. Haywood – Lovick & Croom – on account about fifteen dollars – Anna King, one account for thirty two dollars and seventy cents; one judgment in favour of John T. Lane adm of Luke Russel for about fifty five dollars stayed by Kinion T. West; one note payable to the Merchants Bank New Bern NC for the sum of four hundred dollars with J. C. Washington & H. F. Bond security; one note in favour of Lewis O. Bryan one hundred dollars dated as Jan 1840 with Kinion T. West security together with the interest - secured on the afore mentioned debts and the surplus if any remains after fulfilled the trust will pay over to John A. B. Watson in a reasonable time by Hardee Signed J. A. B. Watson and P. Hardee WIT R. W. King & J. C. Patrick To Court Feb 20 1841 on oath of R. W. King L. C. Desmond, CC Enrolled 20 Feb 1841 G. T. Lovick Regr Copy made 4 Sept 1851 John F. Wooten CME File at: http://files.usgwarchives.net/nc/craven/court/tilghman1318wl.txt This file has been created by a form at http://www.poppet.org/ncfiles/ File size: 10.2 Kb