Glasgow County, NC - Kilpatrick-Phillips Land Dispute ~~~~~~~~~~~~~~~~~~~~~~~~~~ [Note: Greene Co. was formerly named Glasgow County] RECORDS FOR PHILLIPS AND KILPATRICK LAND DISPUTE Found in the first four boxes of Civil Action Cases - New Bern District Court - transcribed from the originals at the NC Archives, Raleigh, NC by Martha Mewborn Marble l. The Clerk of Court in Glasgow County gives John Coward, Justice, power to call before him Sarah Phillips concerning what she may know relative to the controversy between William Kilpatrick and John Grainger. 18 Jan 1796 2. Clerk of Craven County appointed John Holliday to take the depositions of Samuel Moore, David Vance, James and Sarah Phillips relative to William Kilpatrick vs John Grainger. March 1798 3. Sarah Phillips, witness, examined before Jacob Lassiter, Justice of the Peace, Greene County, in behalf of William Kilpatrick, says that in the lifetime of Easler Kilpatrick, her former husband, perhaps 53 or 54 years past, her former husband employed a surveyor James Varum to survey a tract of land...and they came within sight of the house where William Kilpatrick now lives. 1796 4. Dispute between the Kilpatricks and Phillips - Sarah Phillips and Mary Phillips to come as witnesses as well as Patience Phillips. Patience said when she was 14 or 15 she was at the house of Isler Kilpatrick (doesn't say when she was 14) John Varnum was surveyor and according to Sarah Phillips this was surveyed c 1745. Patience gave this statement in 1800. [NOTE: I suspect Sarah was off on the date of the survey by a number of years. In the first place, Easley Kilpatrick did not move to Craven County until c 175l and I suspect the land in question was concering the land James received in 1775 which was next to Isler Kilpatrick. James Phillips would not have had any children until at least 1754 and if Patience was the oldest she would not have been 15 until at least 1769. No doubt Patience and Mary were either daughters of James or daughters- in-law. Since James Jr.'s wife was named Mary, the aforesaid Mary could have been James' daughter-in-law.] 5. Defendant in James Phillips vs Easler Kilpatrick - 1793-1803 6. Plantiff in John and Isler Kilpatrick vs James Phillips Sr. - 180l -1803 in this case Isler and John called themselves "brothers". Litigation began between the families of James Phillips and Easley Kilpatrick as early as 1793, when Phillips lost a trespass case against Kilpatrick in Lenoir County. The land in question lay south of Great Contentnea Creek near Mill Creek. Phillips claimed a l40 Ac tract under a patent granted to Lewis Conner commonly called Col. Dry's which overlapped a portion of the 1760 grant of 400 Acs to Easley Kilpatrick. Because litigation with Phillips over the elder Kilpatrick's 400 Ac grant continued with John and Isler Kilpatrick as plaintiffs, it can be assumed that both acquired rights on the controversial tract as the sons and heirs of Easley. [In an abstract sent by Dr. Howard Phillips from a Jury trial 20 July 1804 Craven County - Minutes of Superior Court - New Bern Court. James Phillips Sr. and James Phillips Jr. found guilty of owing John and Isler Kilpatrick money the Phillips were fined 6 pence and 6 pence cost. It is my opinion that the James Sr. was the son of Thomas and Isabella which would have him dying after l804. I think the James with estate Records in Craven County in 1822 was the aforesaid James, Jr. It is entirely possible, however, that this James could have moved away. Because of the history between the Kilpatricks and James Phillips, probable son of Thomas and Isabella, there is little doubt this James Sr. was the one that received the 100 Ac in 1775.] ______________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Martha Mewborn Marble - 58marble@cox.net ______________________________________________________________________