Cumberland County, NC - Robert McNabb Petition, 1847 McNabb v. Dunn State of North Carolina To the Honourable Joseph J. Daniel one of the Judges of the Supreme Court of North Carolina The Petition of Robert McNabb shews to your Honour that he is the Father of an infant daughter, now about twelve years of age called Ann McNabb; That your Petitioner is a clergyman in the Baptist Church and on the 27th day June 1833 married the daughter of James Dunn of Duplin County; that by the said marriage the said daughter Ann was born on the 22d day of April 1835; That on the 11th March 1837 your Petitioner's wife died leaving him a widower with an infant daughter about two years of age an object to him of the deepest solicitude; That at the earnest desire of the said James Dunn and his Lady, your Petitioner left his daughter in the care of her grand-parents, where she continued until the marriage of your Petitioner to a second wife on the 9th day of September 1845; That in November 1845 he went to bring his daughter home, but at the earnest request of the said Dunn who was then a widower, his wife having also died in September about the time of your Petitioner's marriage, your Petitioner agreed to let his daughter remain a month or two longer. At the end of that time Petitioner brought his daughter home, where she remained about two months, happy and contented and was affectionately treated by Petitioner and his Lady. At the earnest request of the said Dunn your Petitioner permitted his daughter to go home with him and remain until your Petitioner should pay him a visit in company with his Lady, which visit was paid in May 1846, when your Petitioner again brought home his daughter, where she remained until about the last of December 1846, perfectly contented and happy and well treated by Petitioner and family. About that time upon repeated and pressing invitations from him your Petitioner took his daughter again to visit her grand-father, where she remained with Petitioner's consent until about the 8th day of the present month, when your Petitioner went to Kenansville in Duplin County, where Dunn resides, where in place of being politely and kindly received, he was rudly treated and abused by the said Dunn, when Petitioner left his house and in the same evening or the next morning wrote him a letter, informing him in substance, that he wished to take his daughter home and intended to do so to which letter he got no reply. That on the 17th he went down for the purpose of taking his daughter home, but the said Dunn had gone to Wayne and consequently could not be seen, but understanding that his daughter had been left in the care of Mr. John Kelly of Kenansville, he demanded her of the said John Kelly, who refused to give her up, saying that he could not get her until Mr. Dunn returned. On the next day having consulted Counsel he returned to Kenansville where he found Dunn of whom he demanded his daughter of said Dunn in the presence of witnesses, and said Dunn refused to give her up, abusing your Petitioner and using to him very harsh language, and contended that he had some right to her as well as your Petitioner. Your Petitioner shews to your Honour that he is a suitable person to have the charge of his own child and has a wife of excellent character and disposition, well calculated to have the charge of a young female and who is desirous to discharge to your Petitioner's daughter those duties which properly devolve on her in the relation of wife existing between her and your Petitioner. That the said Dunn is an infirm old man and has no woman about his house suitable to have the care of a young female, and your Petitioner farther shews to your Honour that the said Dunn has become exceedingly hostile to your Petitioner and has tauntingly told him that his daughter is unwilling to live with him; and your Petitioner is in fact informed and so believes that pains are taken by the said Dunn and others under his influence to poison the mind of your Petitioner's daughter against him to alienate her feelings from him. Wherefore your Petitioner prays your Honour to issue the State's writ of Habeas Corpus commanding him to have the body of the said Ann McNabb before your Honor at the Supreme Court room in Raleigh on the [blank] to be dealt with as to your Honor may seem meet and your Petitioner will ever pray &c. Dobbin & Strange State of North Carolina } Cumberland County } SS Robert McNabb makes oath that the matters and things set forth in the foregoing Petition as of his own knowledge are true and those otherwise stated he believes to be true. Robt. McNabb Sworn to before DG MacRae CSC & Commissioner of affidavits ----- State of North Carolina To the Sheriff of Duplin County Greeting Whereas it appears to me John Joseph Daniel one of the Judges of the Supreme Court of North Carolina that James Dunn of Duplin County doth hold in his custody (unjustly or it is said) one Ann McNabb an infant of tender years. These are therefore to command you to make known to the said James Dunn that he have the body of said Ann McNabb before me at the Court room in Raleigh at 5 oclock PM on the 15th day of June next, with the cause his detention of the body of the said Ann McNabb, and that he entrust to whatsoever may seem right in the premises. Herein fail not and have you then and there this writ with you doings? thereon Given under my hand & seal this 29th day of May 1847. J.J. Daniel J.S.C. ----- James Dunn for return to the within writ & saith that he hath have pursuant to the command of the within writ his grand daughter Ann McNabb who is the daughter of Robert McNabb to be disposed of as your Honor may direct having no claim or wish to retain her against her will or contrary to law - Raleigh June 15th 1847 State of North Carolina Upon this return - It is ordered that the defendant James Dunn do deliver to Robert McNabb the Petitioner his daughter Ann McNabb, he being by law entitled to her custody - Raleigh June 15th 1847 J.J. Daniel J.S.C. [Jacket reads: McNabb vs Dunn, Hab. Corpus - Executed E.E. Hussey, Shff] Source: Supreme Court Case #4141, McNabb v. Dunn ______________________________________________________________________ Copyright. 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