Davie-Rowan County NcArchives Court.....Roberts, Larry 1831 ************************************************ 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: Glinda Edmonds gdvedmonds@gmail.com April 14, 2018, 7:32 pm Source: North Carolina Estate Files, 1663-1979 Written: 1831 Recorded: October 1834 North Carolina Estate Files (1663-1979), Davie County, Larry Roberts (1831) Elizabeth Roberts & Others VS Reason Thompson & Wife} In Equity Answer File, October Term 1834, Enrolled Book 7, Page 49 This case being referred to the Clerk and Master at October Term 1835 to take an account of all the matters and things put in litigation in the Bill and Answers and an attempt having being made on the first of April last to take an account, several witnesses were then examined, but the evidence being then deemed incomplete; no report was then made. Noticed was issued and served on Reason Thompson informing him that the account would be *** on the 3rd day of September 1836 when he failed to appear. Upon inspecting the Bill answer and testimony I submit the following report. I find that Lawrence Roberts the ancestor died seized in the Lands in question in the month of November 1830 and that the widow having dower in the tract of 80 acres there was no rents or profits accruing to any of the heirs from that part. That the defendant Reason Thompson has had possession of and received the rents and profits of the other tract ever since, which is stated in the Bill to contain 60 acres but alleged and believed to contain but 40 acres. That the rent of the last tract was the third part of the annual product which therefore the year 1831 53 bushels corn worth 30 cents $15.90 which therefore the year 1832 80 bushels corn worth 25 cents $20.00 which therefore the year 1833 30 bushels corn worth 25 cents $7.50 which therefore the year 1834 5 bushels wheat worth 50 cents $2.50 which therefore the year 1835 80 bushels corn worth 25 cents $20.00 133 lbs. of cotton worth 3 cents $3.99 To interest on 15.90 to 10th October 1836. 4 years 9 1/3 months 3.55 To interest on 20.00 from Dec. 30 1832 to 10th October 1836 3 years 9 1/3 months 4.53 To interest on 7.50 from Dec. 30 1833 to 10th October 1836 2 years 9 1/3 months 1.25 To interest on 2.50 from Dec 30 1834 to 10th October 1836 1 year 9 1/3 months .25 To interest on 23.99 from Dec 1835 to 10th October 1836 9 1/3 months 1.12 80.59 If there is any product of the said land for the year 1836 it belongs to Thomas Foster who purchased the land in the month of November 1835. The defendant claims for repairing the fences after the purchase in the year 1834. The sum of $12 which should be paid by Thomas Foster who was the lessee of the land that year and abandoned the crop after the purchase. The defendant also claims the sum of ten dollars for clearing two acres of land in the year 1834 for which he says the crop of 1835 is ----allow interest 1 year & ----- $10.90 There being four Legatees, the net profits is Equally divided among them $69.69 Which makes each share to the sum of $17.40 The defendant Reason Thompson also claims to have purchased the shares of Catherine Roberts and Mary Buckner in said Lands and claims one share in right of his wife Hannah. But the defendant has exhibited no evidence of his alleged purchase; it is therefore not admitted. The Defendant further claims a Mortgage on the Land executed by Lawrence Roberts the ancestor in his lifetime to secure to defendant the sum of $100 and interest to be satisfied out of the Land,but refuses to show such a Mortgage. And upon the testimony of Ishmael Caudle I find that this pretended Mortgage was nothing more than a note of hand (with some conditions ------ for the defendant as administrator of the payment of $100 to defendant signed and sealed by Lawrence Roberts. That the defendant as administrator of the estate of Lawrence Roberts has had full payment and satisfaction for the same; allowed him by filed as a Retainer in the County of Rowan, wherein the widow had sued him as administrator aforesaid for her share of the personal estate of her Husband. That bond or mortgage has thereby been satisfied and should be cancelled. I further find that R. Thompson the defendant as administrator, in the seat in this County Court aforesaid, did set off the widows Bond, given for articles of personal property purchased by her at the administrators sale aforesaid. And allowing her a share of the personal estate of her husband, to wit, one fifth part that it was by the Jury on the trial aforesaid that she was indebted to said administrator the sum of four dollars, each share being then and there estimated of $19 = or thereabouts as divided between the widow and four children. According to this specification, there remains due to the heirs of Enoch Roberts for their share of the personal property of Lawrence Roberts decd the sum of $15.00 with interest thereon from 20th February 1833 to 10th October 1836 – two years after the time of taking administration at February sessions 1831 at the time at which he should have made final settlement and distribution 3.24 Making in principal and interest the sum of 18.24 To which is added the share before statue of the Rents of the Land 17.40 Also a share of the price of the Lands which were sold under decree of this Court on $35.64 13th day of November 1835 on a credit of 12 months for the sum of $350. It being then understood that the widows dower rights was sold she agreeing to receive third of the whole price in lieu thereof as is specifically allotted in Dowers – as the costs of the sale of the land have not yet been ascertained I cannot state with certain accuracy what sum will be payable to any of the parties when it shall become due. It is therefore set down conjecturally . Price of the Land due 13th November 1836 $350. Costs in Court of Equity on Sale about 50 Leaving 300 for Distribution out of which the widows share is 100 $200 Leaving a balance of $200 to be divided into 4 shares of each 50.00 Whole amount of one share $85.64 The sum of $35.64 of which is due from Reason Thompson to the Heirs of Enoch Roberts decd and the likes sum to each of the other two distributies if he has not purchased their claims – All which is Respectfully Submitted. To October Term 1836 Saml Silliman C.M.E. Elizabeth Roberts & others vs. Reason Thompson & wife Report of account to October Term 1836 1834 August. Bill files. Copy & subpoena issued October Answer filed & cause continued 1835 April Terms. Replication and commissions October Term. This cause coming on to be heard upon the Bill, Answer, proofs, and exhibits, it is ordered adjudged and decreed that the Clerk & Mater proceed to sell the Lands described in the Bill at Mocksville on a credit of 12 months; that he take bond with sufficient security for the purchase money and Report to the next Term of this Court. It is further ordered that this case be referred to the Clerk and Master, to take an account of all the matters and things put in litigation between the parties, by the Petition & Answers. 1836 April Term. Report of sale filed. Continued. October Term. Report of accounts filed. Time allowed to accept to the Report. 1837 March Term. In this case the Clerk and Master having at a previous Term filed the following Report of Sale, the same is now ordered and decreed to be confirmed “Pursuant to a decree of last Term in this case I expose the land mentioned in the Petition filed; after due advertisement, to public sale at Mocksville on the 13th day of November 1835. And Thomas Foster being then and there the last and highest bidder for both tracts became the purchaser of one of 60 acres at the price of one hundred and fifty dollars and of the other of 80 acres at the price of two hundred dollars and has executed this bond with good security for the purchase money the sum of $350 due at the end of twelve months from the day of sale which bond is filed in my office subject to the ------ order of this court. All which is respectfully submitted (To April Term 1836) Saml Silliman C.M.E. Whereupon it is ordered that the Clerk & Master proceed to collect this purchase money 1837 September Term. Continued 1838 March Term. Continued September Term. Ordered that this cause be removed to Davie County. I Samuel Silliman Clerk and Master in the Court of Equity for Rowan County hereby certify that the foregoing is a true copy of all proceedings in said Court in the above stated case. October 1st 1838 Saml Silliman C.M.E. ============================================================================ = Elizabeth Roberts & others vs. Reason Thompson & wife Transcript of Records State of North Carolina, North Carolina } To the Sheriff of Rowan County – Greeting You are hereby commanded to summon, Ishmael Caudle and Thomas Buckner to be and appear before the Clerk and Master at his office in Salisbury then and there to testify and the truth to say of what may be demanded of them concerning a certain matter of controversy now pending in said Court of Equity between Elizabeth Roberts and others Complainants and Reason Thompson & wife Defendants – and that they do not deport without leave first had herein fail not – Witness Samuel Silliman Clerk and Master in said Court of Equity the second Monday after the fourth Monday in September AD 1835 and of the Independence of the United States the 60th year. Saml Silliman C.M.E. ========================================================================== Elizabeth Roberts & others vs. Reason Thompson & wife Subpoena to 1st April 1836, Executed by Giles Foster North Carolina, Davie County} We , James Buckner and Polly Buckner, wife of the said James Buckner, being a child and him at law of Lawrence Roberts, decd for and in consideration of the sum of seventy five Dollars. Dollars to us I hand paid, the receipt of whereof is hereby acknowledging do bargain, sell, assign and release to Tatum Dedman all our interest in the purchase money arising from the sale of the land of the said Lawrence Roberts, which said land was sold by Samuel Silliman Clerk & Master in Equity for Rowan County upon the petition of the heirs at law of said Lawrence Roberts for the purpose of distribution and which said money when collected will come into hands of Lemuel Bingham Clerk & Master of Equity for Davie County. It be by him paid out to those entitled to receive it. And we hereby authorize and ------ the said Bingham to pay over to the said Tatum Dedman whatever share we may have entitled to, in right of the said Polly Buckner, and the acquaintances of the said Tatum Dedman share be a full protection to the said Bingham for paying over the same. In testimony whereof we have hereunto set out hands & seals this 1st day of January 1848. James Buckner (mark) {seal} Polly Buckner (mark) {seal} North Carolina, Davie County} Personally appeared before me, James Buckner and Polly his wife, who acknowledge in the presence of each other the due execution of the above deed: and afterwards the said Polly being by me privately examined, separate and apart from her husband, acknowledged that she executed the same freely and of her own accord, without compulsion or constraint on the part of her husband. Let the deed and this certificate be registered and the original placed in said Clerk & Master’s Office. Richmond Pearson C.M.E. January 1st 1848 15/30 ============================================================================ =Elizabeth Roberts & Others VS R. Thompson & Wife Filed 21stAugust 4, 1834, Enrolled Book 7, Page 28 State of North Carolina, Rowan County} In Equity The petition of Elizabeth, Eliza, Hannah, and Paschall Roberts, minor children of Enoch Roberts, deed by their guardian William Rousey, Catherine Roberts and James Buckner & Wife Mary against Reason Thompson and wife Hannah. To the honorable the judge of said court – The petitioners show that some time in the year 1828 Larry Roberts died interstate leaving your petitioners Catherine, Mary his daughter and Elizabeth, Eliza, Hannah, and Paschall his grandchildren their father Enoch Roberts being then deceased and the defendant Hannah his only heirs at law. That at the time of his death their ancestor Larry Roberts was seized of two tracks of land in said county in the Forks of the Yadkin bounded as follows one track containing about sixty acres adjoining the land of Richmond Pearson the other adjoining Anderson E. Foster containing about eighty acres as will appear by the deed which they pray ******** which land discussed to your petitioners and be held by them as tenants in common. They show that this land cannot be divided without manifest injury to all and that a sale for the purpose of partition would promote the interest of all – therefore these show that the defendant has since the death of said Larry received the ***and profits of the property. They pray that the land may be sold under the direction of this court and the price divided to each as entitled. – they further pray that the defendant Thompson may on oath give a strict account of the profits received by him and pay over and that they have such others whilst at the can***. – They pray that Thompson and wife may be compelled to appear at the next term of this court and answer the several allegations of this will and as duty bound they will in pray be. R.W. Pearson for Complainants’ Additional Comments: *Lawrence Roberts, husband of Catherine Owings *Father to Enoch Roberts, husband of Mary “Polly” Rowzee/Rousey; Mary “Polly Roberts, wife of James Jefferson Buckner; and Hannah Roberts, wife of Rezin/Reason Thompson. *Grandfather of Elizabeth Roberts, wife of John Walker; Eliza Ann Roberts, wife of Timothy McGuire; Hannah Roberts, wife of Alexander Daywalt/Davault; Paschal Robers, husband of Margaret Cartner; Catherine Roberts, wife of Tatum Deadman; and Mary Katherine/Catherine Roberts, wife of John Peter Kurfees. File at: http://files.usgwarchives.net/nc/davie/court/roberts3427wl.txt This file has been created by a form at http://www.poppet.org/ncfiles/ File size: 16.1 Kb