FRANKLIN COUNTY, NC - COURT - Extract of Minutes, 1816-1817 ==================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed for use in the USGenWeb Archives by: Mark Murphy murphy@tiaer.tarleton.edu ==================================================================== [Extracts of Franklin Co. Court Minutes, years 1816-1817] [Film/Rolls 744/C.039.30001-7 NC State Archives] [transcribed by Mark A. Murphy, 1 Nov 2001] [http://freepages.genealogy.rootsweb.com/~freshnup/markmurph/] Minutes of March Court 1816. ----- William G. Bowers, Guardian to James Bowers and Sarah Huckaby, returned his Account Current on Oath, on M.O.R. ----- An account of the Sales of the Estate of John Williams deceased, was returned by Kinchen Williams Executor &c. and on M.O.R. ----- No. 20 Polly Perry widow &c. vs George Murphy Admor. & c} Petition Ordered that James Houze (Justice), William Burlingham, John Hays Senr, and William Ransom, freeholders, be appointed CommiSsioners, to view, allot, and set apart, to Polly Perry the petitioner, out of the crop and provisions of Benjamin Perry, One Years support &c, and that they Report- ----- No. 4. Putney & Wood vs John Pace- } Debt Jury charged to wit, Charles Coppage, Jones Cook, James Hester, Jacob Alford, Archibald [end of page] Minutes of March Court 1816. ----- A Deed from Kinchen Bledsoe, to Tolliver Terrel, was proved by the oath of JeSse Person, and on M.O.R. ----- George Murphy Administrator of Benjamin Perry deceased, returned an account of Sales, of the Estate of his interstate on oath, and on M.O.R. ----- A Deed from John Berry to James Davis, was proved by the Oath of Durham Hill, and on M.O.R. ----- A Deed from John Winston Attorney in fact for John Patton, and others to Turner Bobbitt, was proved by the oath of Washington Norwood, and on M.O.R. ----- The Accounts of James Murray, Guardian to Martha Houze, Frances Houze, Abbey Houze, and Elizabeth Evans, with the CommiSsioners report, was returned and on M.O.R. ----- [end of page] Minutes of June Court 1816 ----- No. 39 John Nicholson aSsn. &c vs. James C. Jones} Debt Same Jury as in no. 33- who find that there is no payment or set offs- that the principal of the Bond declared on is $547.56 and aSseSs damage by way of Interest, to $32.85 and Costs,- ----- No. 40 Hume Field vs. William Murphy} Debt. Same Jury as in No. 33- who find that there was a payment, on the 14th day of April 1815, of $90.- that the residue of the Bond amounting to $74.34 is upaid[sic] and aSseSs the plaintiffs damages by way of Interest to $5.57 1/2 cents and Costs.- ----- No. 43 Jacob Hartsfield Excrs.- vs. William Thomas, Wm. Connelly & Green Hill} Debt Same Jury as in no. 33- who find [end of page] Minutes of September Court 1816 ----- On motion it is ordered that administration upon the estate of John Drummond Esqr. deceased, late of the County of Brunswick Virginia, be granted to George Hardeway, who entered into Bond in the sum of $2,000 with Alexander Falconer and Green Hill his Securities.- ----- Ordered that William Green, Robert A. Taylor, James Yarbrough, Nathan Patterson, and Henry House, or any three, Audit, the Accounts of John and Jordan Thomas, Administrators &c. of John E. Thomas, and John Thomas Guardians &c and report to next Court ----- Polly Perry widow vs. George Murphy admor.&c} A Cerciorari in this Case having been exhibited to this Court, it is therefore order'd that the Clerk make and Certify a copy of the record in this Case to the next Superior Court. [end of page] Minutes of September Court 1816 ----- David M. Lewis acknowledged a Deed to Nathan Patterson and on M.O.R. ----- No. 45 James Harrison &c. vs. Duke W. Davis} original Attat. Jury Charged, to wit, JeSse Kitchen, Jonathon Davis, Harbert Harris, Christopher Foster, James Chives, John Tansil, Josiah Bridgers, John Berry, Joel Sledge, Baldwin Perry, Benjamin Hunt, JeSse Webb, who aSseSs the plaintiff damages to two hundred and Sixty Six dollars Sixty Seven Cents, and Costs. ----- William Lancaster, Executor of Elizabeth Jones, returned his account Current, with the commiSsioners report-which is confirmed by the Court. ----- George Murphy Administrator of Benjamin Perry deceased, returned a supplementary Inventory of the estate of his intestate on oath, and on M.O.R. [end of page] Minutes of September Court 1816 ----- Bartholomew and Kinchen Bledsoe in the room of Wilson Milner and John Winston, who find all the iSsues in favor of the plaintiff, and aSseSs his damages to $21.80 cents and costs,- ----- Ordered that Benjamin F. Hawkins be appointed Guardian to Charles Yarbrough, orphan of James Yarbrough deceased, (the said Charles having made a choice of him in open court,) who entered into bond in the sum of five hundred pounds, with Presley C. Person and Robert Hill his Securities,- ----- No. 9 George Murphy Admor.&c vs. Jeremiah Perry (Shocco)} Case Jury charged, to wit, Jonathan Davis, Harbert Harris, Josiah Bridgers, Joel Sledge, Benjamin Hunt, John Bartholomew, Gray Bridgers, Josiah Jackson, William Jeffreys, Abram McLemore, [end of page] Minutes of September Court 1816 ----- Josiah Eley, and Evans Jordan,- who find that the defendant did aSsume, and that there is no set off, and aSseSs plaintiffs damages to $776.71 cents, -and Costs- ----- Alexander Falconer, Acknowledged a Deed to Gilmour Bledsoe, and on M.O.R. ----- A Deed from Samuel Joyner, and Betsy H. Joyner his wife, to William D. Jones, wsa exhibited in open court, and duly proved by the oath of Henry Benton, one of the Witnesses thereto, and it appearing that the said Betsey, a feme[?] covert, had been privily examined according to Law, it is ordered that the same be admited[sic] to record.- ----- A Deed from Samuel Joyner and Betsy H. Joyner his wife, to William D. Jones, was exhibited in open court, and the execution thereof, duly proved by the oath of Henry Benton, and it appearing that the said [end of page] Minutes of September Court 1817 ----- James D. Ridley vs. Benjamin Hester} In this Case James Hester the Bail for the defendant came into Court and surrenderd his principal in discharge of himself who is prayed in Custody accordingly- whereupon James J. Hill came into open Court and acknowledged himself Special Bail ----- A paper writing purporting to be the last will and Testament of Ann Hester deceased was exhibited for probate, whereupon John Hester came into Court and entered his Caveat thereto & thereupon the Court ordered an iSsue devisavit[?] vel ron to be made up to try the validity thereof ----- Ordered that Jordan Hill be appointed overseer of the Streets of Lewisburg with the hands residing in Town, those of Mrs. Milner & Mrs. Mitchel and those of Murphy & Patterson, usually working about the mills.- ----- The account current of the Executors of John Southerland, with the CommiSsioners report was returned , and on M.O.R. [end of page] Minutes of September Court 1817 ----- Ordered that Sherwood Sanders administrator of Vinson Sanders deceased sell so much of the personal estate as will be sufficient to pay the Debts of his intestate, and report ----- Robert H. Wynne Esquire returned the list of Taxables for Captain Winstons district for 1817 ----- Martha Davis administratrix of Ann Richards deceased, returned an Inventory on oath, and on M.O.R. ----- Ordered that the order appointing William Harrison, John Williams (road) and Jeremiah Perry (fork) CommiSsioners to Audit the accounts of Sampson MaSsey Executor of Richard MaSsey - be renewed- ----- A Deed from James Murphy Sen. to James S. Murphy, was proved by the oath of Robert G. Goodloe, and on M.O.R. ----- A commiSion having been exhibited appointing Smith Patterson Esquire a Justice of the Peace for this county, the said Smith came into Court, and took the oaths prescribed by Law for the qualification of Public Officers [end of page] Minutes of September Court 1817 ----- A Deed from Arthur Foster to the representatives of John Foster, was exhibited in open Court and proved by the oath of Jeremiah Perry and on MOR ----- Court adjourned till to morrow 10 O'Clock ----- Tuesday morning Court met according to adjournment - Present, John E. Denson, Amos Jones, and Robert H. Wynne Esquires- ----- Ordered that administration on the estate of Marcus Gilliam deceased, be granted to Drury Gilliam, who entered into Bond in the sum of $1000 with Parker Murphy, William Leonard and Isaac Gupton his Securities, ----- Ordered that administration on the estate of Cole Collier deceased, be granted to Archclaus[?] Collier, who entered into bond in the sum of $1,000 with Robert H. Wynne and James Harrison his securities ----- Ordered that the administrator of Marcus Gilliam deceased, sell the perishable estate of his intestate, according to Law, and report [end of page] Minutes of September Court 1817 ----- No. 23 Nathan Patteson &co. vs James Jones (Doctor) } Scifa[?] Judgment of the Court that there is such a record same Jury as in No. 10 who find that there is no record of payment- Judgment according to Scirifacias[?]- ----- No. 24 Nathaniel Hunt Excr.&c vs. Edmund G. Brodie-} Debt Same Jury as in No. 10- who find the iSsue in favor of the plaintiff- that the principal of the bond is $225.2 and aSseSs damages to $10.12 and Costs ----- Amos Jones Esquire returned a list of Taxables in Captn. Farmers district for 1817 ----- No. 25 Stephen Sparks vs. Cordy Ferrell } T.V.A Same Jury as in No. 10 who find the Defendant Guilty, and aSseSs the plaintiffs damages to $50. &cst ----- Ordered that Peter R. Davis, Wm. A.K. Falconer, and John M. Johnson, of Warren be appointed CommiSsioners to Audit examine and report upon [end of page] Minutes of September Court 1817 ----- the account current of George Murphy administrator of Benjamin Perry, and report to the next term of this court- ----- A Deed from Organ Thomas and Polly his wife to Lewis Bartholomew was exhibited for probate & it appearing to the Court that the said Polly is a feme Covert, it is therefore ordered that John E. Denson one of the members of the Court, take the private examination of the said feme covert touching the execution of the said deed ----- John E. Denson Esqr. having been appointed to take the privy examination of Polly Thomas, wife of Organ Thomas, a feme Covert, reported that he had performed the duties aSsigned him, and that the said Polly declared her free will and consent in the Execution of a Deed from Organ Thomas, and herself to Lewis Bartholomew- and the said Organ and Polly, having in open court acknowledged the execution of the said Deed & it being proved by the John Bartholomew as to the other Grantors- on motion it is ordered to Registered- [end of page] Minutes of December Court 1817 ----- The last will and Testament of Nicholas Murphy, was exhibited in open Court and was duly proved by the oath of Jacob Hunter and on MOR- at the same time George Murphy came into Court and qualified as Executor thereto according to Law- ----- John Thomas vs. Tarlton Johnson} Henry Thomas a witneSs called and failed to appear ordered his default be recorded continued on affidavit of plaintiff ----- Ordered that the report of the CommiSsioners appointed to settle the accounts of Jeremiah Perry Executor of Joshua Perry, be confirmed, and that they be allowed 5 pct. upon $9,945.38 and 2 1/2 pct. upon $5,902 ----- No. 11 Brittain Hall vs. Fielding Kittrell} Appeal The following Jury were Sworn and charged, to wit, Josiah Jackson, Titus Lewis, Moses Neal, Cordy Ferrell, Joel Sledge, Isham Fox, Moses Joiner, John Mitchel, Joshua Perry, Charles [end of page] Minutes of December Court 1817 ----- obtained against Micajah Bridgers administrator of William Jackson- ----- Thursday morning ------ It was moved by the administrator of Benjamin Perry deceased, for an order of Court to sell the negroe Solomon, lately recovered of Presley C. Person, for the purpose of making a Division among the next of Kin, which in motion being opposed by William Robards, Counsel for the next of Kin except the Person Family, it is considered by the Court that the motion be granted, and that the said negroe Solomon be sold at Six months credit ----- The report of William Moore and Joel King, who were appointed CommiSsioners to Audit the accounts of John E. Denson administrator of Martha Hillsman, returned their report, Whereupon the Court adjudged to the administrator 5pct. commiSsions upon the Receipts- [end of page] Minutes of December Court 1817 ----- A Deed of Gift from Anna BaSs, Wyatt BaSs, and Boyakin BaSs, was exhibited in open Court, and the execution thereof duly proved, by the oath of Josiah Thomas and on MOR- ----- It appearing upon the Petition of the Executors of Nicholas Murphy deceased that the negroes, ordered to be divided, by the said will of said Nicholas cannot be thus Divided without a Sale thereof, there being not a negroe for each share, It is therefore ordered that the said negroes be sold on a credit of Twelve months, to make a Division, and the Sale be made by the Executors of Said Nicholas- ----- No. 41 James Putney vs. Spyvy's Admor. } Jury sworn and Charged, to wit, Simon Green, Obadiah Green, Merritt Ingram, JeSse Kitchen, John Babb, Jas.[or Jos.] Ferrell, John Perry (thicket), John Tansil, JeSse Gordon, Amos Bridgers, Nathan Pierce, Henry Baker- who find all the iSsues in favor of the plaintiff- that the Virginia mentioned in the [end of page] [end of excerpts]