Greene County, NC - Price vs Brand & Jones, 1831 ~~~~~~~~~~~~~~~~~~ 2207 PRICE VS BRAND AND JONES 1831 – Greene County This case was not reported and thus not in the NC Reports. Grace Turner who provided me with the case number found it and we appreciate her generosity. First trial – Oct Term 1821 – 2nd April Term 1822 – Absalom Price vs Isaac Brand, Solomon Brand and James Jones Absalom Price’s Bill in 1810 – having a sum of money applied to John B. Brand, late of Greene Co, for a loan from Brand, he agreed to 183 pds 14 shillings secured by a mortgage on a tract of land dated 13 August 1810 in consideration of $500 – the land is described in the deed – on beaverdam Swamp, adj said A. Price and Thomas Price, Bell Branch, dividing line of said Price and Brand, James Ruff, William Speight – 104 acres – Brand bound himself to your orator in the sum of 1000 pds – the first payment due on April next then Brand shall deed the property back to Price – Brand cultivated the land and made great profits until 1811 when said Brand died leaving a Will which has been proved and Solomon Brand and Isaac Brand, were sons and executors – the said Solomon and Isaac sold the land to James Jones of Greene Co who took possession of the land and made great profits – said Jones, before his purchase, knew of the circumstances of the land – Price says his poverty prevents his paying off the note but he charges that Brand and Jones have made more profit from the land than the note was for – a reasonable rent would have paid both the principle and interest – Price wants the land back but the defs have refused – Price was not given a chance to pay the loan before the land was sold to Jones and he wants both the Brands and Jones to render an account of their profits. ANSWER of Solomon and Isaac Brand on April 11, 1822 John B. Brand died 6 Sept 1810 with a will making provision for the rest of his estate – “remainder of his estate not specified to be sold and after debts paid the remainder to be divided among children” – the said tract of land in dispute was part of the residue – the executors found among their father’s papers an absolute deed from Price to Brand without any conditions or proviso for redemptions, and the executors sold the tract to the highest bidder, James Jones – Solomon Brand stated that Price wrote him a letter after the sale of the land but he lost the letter – after the death of Brand, the defs found the note for $500 – he inquired of Price about the Bond and Price said he had originally a right to redeem the land be he had subsequently agreed to sell the entire interest and to give up the right to redeem – the said Solomon and Isaac gave Price a period to produce the Bond – the complainant recovered $600 in Court besides damages (this was not clear but it could be referring to the first trial) – the defs admit the deed was originally redeemable but the equity was purchased by the testator (Brand) – the defs think the Acts of the General Assembly will back up their claim to sell the land - ANSWER of James Jones on 1 Nov. 1821 Upon learning the land was or sale he went with John Pope to view the land and at the time Price was living on the land and told him that he had originally bought the land from Samuel Speight and by Saml Speight to a child of sd Price then about the age of 7 or 8 – there was another tract of 118 acres adj the 104 acre tract that was clear of dispute – Jones knowing that Saml Speight to whom Price stated he had made and conveyed the 104 acres or House tract was the brother of the wife of Price – Jones did not believe a deed had been made to Speight and by Speight to the children of Price – Jones considered it fraud – he enquired of Edw. Arnold and Rachel Speight – the one the brother in law, the other the mother in law of Price as Saml Speight was dec – Jones discovered no conveyance was made therefore he purchased the land at public sale for $1437.87 – the deed was executed by the executors of Brand on 22 Jany 1812 – Jones denies any knowledge that Price had the right to the land – he has made many improvements to the land Another overview of the case obviously after James Jones gave his answer – probably for the 2nd trial James Jones has since died leaving a Will – he had children Sally Jones, Ruth the wife of John Beaman, Nancy Jones, Elizabeth the wife of Ichabod Moore of Pitt Co, Patsy wife of Ephraim Rogers and Clara Jones who is under age and Wyatt Moye is her guardian – the daughters have the land and are receiving great profits ANSWER of Sally Jones, John Beeman and Ruth his wife, Nancy Jones, Elizabeth the wife of Ichabod Moore, Patsy wife of Ephraim Rogers and Wyatt Moye guardian of Clara Jones – they state they did inherit and receive about $30 a year profit DEPOSITIONS DAVID SCARBOROUGH 6 Oct 1831 – stated he was with Jones 5 days before the sale and Jones asked if I was going to the sale and I said no because the Price land was in dispute – Jones admitted he knew that but wanted the land anyway – it was my understanding from John Brand that Price was to have the land back if the loan was paid – Brand stated if Price did not pay off the loan then Brand owed him another $600 for the land – Price told me that John Pope and Henry Edwards wanted to buy the land Signed his name William Darden and Theophilus Eason, J.P.s EDWARD ARNOLD – stated on the day the Brand land was sold to Jones, I was sent by Price to the sale with a note of $600 against John B. Brand and a letter from Price to Brand re the $600 – Arnold stated he could not read or write so did not know what the letter said Signed by mark JOSEPH RASBERRY – stated I was at the sale – said Solomon Brand would not defend the title of the land – I personally suggested to Jones to buy the land because I felt there was no wrong doing – Jonas Williams did not bid on the land but offered Jones $300 for the land but Jones would not sell and mentioned the dispute – Rasberry thinks the land would have sold for much more if there was no dispute. Signed his name SETH SPEIGHT, Senr – stated he was at the sale and the crowd discussed the dispute and wondered if Brand would give a warranty deed which he would not do – Edward Arnold did object to the sale on behalf of Price. ELIZABETH CHURCHWILL – 12 Feb 1831 – her husband rented the disputed land from James Jones for 50 barrels a year. My husband lived on the land for 14 years before we moved away before Jones died – stated Jones repaired the fence not her husband – (she did not give her husband’s name) WILLIAM V. SPEIGHT – 11 & 12 of Feb 1831 – stated he was a WIT to the deed and my impression was the deed to be null and void if payment was made – stated the lowest price he had received for corn by the barrell since 1810 was $1.25 – the average price was $1.50 JAMES EDMUNDSON 11 Feb 1831 – stated he was also present at the execution of the deed to Brand – stated the average price of corn was $1.50 Also called for depositions although some were not in the folder or had no additional information Ephraim Rogers and wife Martha Sarah Jones Nancy Jones Charles Edwards Isaac Brand Thomas Churchhill Samuel H. Hart John Ruff Wyatt Moore John Pope Icabod Moore and wife Elizabeth James Ruff John Beemond and wife Ruth John Minshew Nathan Hollamon Mary Minshew Wilie Jones was the executor of the Will of James Jones ISAAC PATE – 5 Oct 1824 – stated he was employed by Jones after he bought the Price land – the plantation was in need of much repair and Jones made some of them JOHN WILLIAMS – 5 Oct 1824 – stated he saw Brand give Price money for partial payment of the land JAMES RUFF – 21 Sept 1836 - stated that Jones owned the land about 15 or 16 years – he sent some of the corn to New Bern about 1816 or 1817 by my son Reding Ruff with Mr. Jones and Jones sold my corn for $7 per barrell – said W. Churchill rented the land for at least two years – in 1822 or 23 Reding Ruff rented the land and he gave Jones 30 barrells of corn for one year and 25 barrells the next year and said Ruff said the rent was too high – stated that Jones cleared about 11 or 12 acres – saw Thomas Churchill repairing the land at one time – since Jones died Owen Jones repaired it – some of my land adjoined the disputed land – stated that Elizabeth Price had possession of the upper part after it came into possession of Jones JOHN MINSHEW – 21 Sept 1830 – stated he took some of the corn to New Bern for Jones about 1816 or 17 in Feb. and Jones said the corn came from the Price place – stated he owned some land near the disputed land SALLY JONES – her attorney was Owen W. Jones MARY MINSHEW – stated she was the wife of John – said Jones did not want the suit tried in his lifetime NATHAN HOLLOMON – lived with James Jones for three years and heard Jones say he might lose the land DEEDS AND NOTES 13 August 1810 - Know all men by these present that I, John B. Brand of the County of Greene and State of North Carolina are held and firmly Bound unto Absalom Price of the County and State aforesaid in the Just and full sum of one thousand pounds which payment will and truly to be made I bind myself my heirs Execrs, admrs The condition of the above obligation is such that the said Absalom Price hath given unto the above bounded John B. Brand a deed for a certain tract containing one hundred and four acres conveyed the above date upon the said Brand sending unto the said Price the sum of one hundred and eight three pounds – now if the said Price shall pay unto the said John B. Brand the aforesaid sum of one hundred & eighty three pounds on or before the first day of April next then the said John B. Brand to convey the said tract of land back unto the Absalom Price the above obligation to be null and paid otherwise to remain in full force. Signed John B. Brand WIT Wm. V. Speight James Edmundson To Court Nov Term 1830 on oath of William V. Speight – Wm Williams, Clk Registered Book ??/ Book 29 Nov 1830 END OF DOCUMENT 14 August 1810 - Know all men by these present that I Absolem Price of the County of Greene are held and firmely bound unto John B. Brand of the said County in the just and full sum of five thousand pounds current money which payment to be well and truly paid – we bind ourselves, heirs in the sum of ten thousand pounds The condition of the above obligation is such that the above mentioned Absolom Price hath in this date sold and conveyed unto John B. Brand serten lands which lands if they prove free and clear from all imcombueances and not deeded to any other person here tofore by the said Price then the above obligation to be null and boyed otherwise to remain in full force A. Price WIT Wm V. Speight To Court 11 Nov 1830 on oath of William Vine Speight – Chas Edmondson, ME END OF DOCUMENT 22 January 1812 – INDENTURE –Solomon Brand and Isaac Brand Executors of John B. Brand dec and both of Greene County to James Jones of same county – by virture of the last Will and testament of John B. Brand sell certain tracts of land for the considerations of $1437.87 - in Greene Co on the NS of Bull Branch and SS of beaver dam Swamp – 213 acres – adj Thomas Price ?, David Scarborough, James Ruff, William Speight’s patent line – another tract of 33 1/2 acres lying in the piney woods to county road, James Ruff’s line both signed WIT Wm. Holliday, Jethro Warren To Court Feb Term 1812 on oath of William Holliday – J. ?? Hooker, CC Enrolled Book 32 folio 83 END OF DOCUMENT 24 April 1810 – Indenture – Absalem Price of Greene Co to John B. Brand of same – for $600 convey 118 acres – middle of Bell Branch and runs to mouth of small branch the dividing line between James Ruff and Price, to the old patent line – another tract patented by James Glasgow – 33 ½ acres – adj county road, James Ruff signed Absalem Price WIT I. ?? Ward, J. Williams, A. Speight To Court Nov Term 1810 – J. Hooker CC True copy made 22 Oct 1831 – J. Williams Regis END OF DOCUMENT 13 August 1810 – Indenture – Absalem Price of Greene Co to John B. Brand – for $500 sell a tract in Greene Co on beaver dam swamp – ES of swamp, adj Thos Price, corner between Thos Price and Absalem Price, Bell Branch, dividing line between Price and Brand, James Ruff, William Speight’s patent line – 104 acres signed A. Price WIT W. V. Speight, James Edmundson To Court Feb Term 1812 on oath of James Edmundson – J. Hooker, CC Copy made on 22 October 1831 – J. William, Regr. END OF DOCUMENT A copy of the Will of Absolem Price was attached and is under Wills ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Martha Mewborn Marble ___________________________________________________________________