Greene County NcArchives Court.....John Harvey, Wm. C. Blount & Others V 1857 ************************************************ 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: Martha M. Marble http://www.genrecords.net/emailregistry/vols/00022.html#0005285 August 19, 2015, 10:09 pm Source: N C Archives Written: 1857 #7431 – WM. C. BLOUNT AND OTHERS vs JOHN HARVEY NC Supreme Court Case found at the NC Archives, Raleigh, NC and abstracted by Martha Mewborn Marble Fall Term 1857, Greene County This case was originally commenced by Benjamin S. Edwards, the testator of the plf to recover damages for the obstruction of the plf in saving, grinding and picking cotton at a certain mill known as Fort Run Mill – sd Edwards is now dec and Wm. C. Blount is his executor – Theophilus Edwards was the father of sd Benjamin and James G. Edwards and did by deed on 8 Sept 1820 convey a tract of land to sd Benjamin S. Edwards lying on Great Contentnea Creek between Fort Run and Nahunta beginning at the mouth of Fort Run up to the old road at the head of mill pond including ½ of the mill, to Nahuna Run near an old bridge, to Contentnea Creek – NOTE: abstract of deeds below – it was admitted by both parties that on 30th of Dec 1842 a deed was executed by sd Benjamin to sd James G. Edwards conveying his interest in sd mill reserving to himself and his heirs the franchise vs easements specified of grinding and picking cotton – the def said the deed was only a covenant on the part of sd James Edwards that he should enjoy every easement – Jno. N or H. Harvey had forbidden the testator of the plf to use the mill in any manner The jury found for the plf and the def appealed After Dec 1842 James Edwards died intestate and his estate descended to his children (not named) – a bill was filed with the Court by the widow and children of said James On 1 Sept 1856 Benjamin S. Edwards sued in Court on a plea of trespass against John Harvey – the trial was on March 1857 - sd Benjamin Edwards then died and William C. Blount and Marcellus I. ?? Edwards were his execs and continued the suit NOTE: It was never clear just why Harvey was the def; however, according to research of Ruth Fentress, the widow of James Glasgow Edwards, Ruth, married 2nd Dr. John Harvey ABSTRACT OF DEED BETWEEN THEO. EDWARDS AND BENJ. S. EDWARDS I Theo. Edwards of Greene Co for consideration for the natural love and affection I have and do bear to my son Benjamin S. Edwards and for his better maintaince and also for the consideration of 5 pounds I do give and grant to sd Benj. a certain tract of land with other property to wit – one tract of land lying on Great Contentia Branch between Fort Run and Nauhunty beginning at the mouth of Fort Run to the old road at the head of the Mill pond including one half of the Mill and mill seat then with the road on Nauhunty Run near the old bridge down various courses of Contentia – also Negro slaves Dick, Sall, Dewy, Rose, Hager, Sam, Simon, Jack, Abigal and Eliza and their increase and profits – 8 September 1820 WIT: John Taylor, John (x) Vaughan To Court Nov. Term 1821 or 27 END OF DOCUMENT ABSTRACT OF DEED BETWEEN BENJAMIN S. and JAMES G. EDWARDS This Indenture made on 30 December 1842 between Benjamin S. Edwards of Greene Co. to James G. Edwards – for $250 convey all his interest in a mill and mill seat in Greene Co known as the Fort Run Mill which said mill and mill seat was given by Theophalous (sic) Edwards the Father of said Benj. S. Edwards and James G. Edwards on 8 (no further date) as tenants in common together with all the land which may be covered by the water of the mill pond up to the high water mark with the understanding between the said parties as follows – to wit: the sd James his heirs and assigns shall at no time hereafter be liable for any action suit claim or demand for damages which may arise from overflowing of any part of the lands of the said Benj. which are not contained in this indenture and which may be occasioned by the rising of the mill dam of said mill and the sd James doth for himself and his heirs covenant agree to with the sd Benj. and his family shall and may have the privilege of grinding, and picking cotton at the aforesaid Fort Run Mill to be free for his family’s use and further that if the sd Benj shall at any time hereafter settle either one of his sons at the Bridge place belonging to sd Benj. then that son shall have the same privileges for himself or for his family – but this privilege is to extend no further than such son for his life and for his own personal use – the sd Benj. has good rights to the mill and millpond Signed Benja. Edwards, James G. Edwards WIT: John T? Pridgen, Gray R. Pridgen Registered 17 ?? February 1856, Oliver Murphrey, ROD END OF DOCUMENT File at: http://files.usgwarchives.net/nc/greene/court/johnharv868nwl.txt This file has been created by a form at http://www.genrecords.net/ncfiles/ File size: 5.1 Kb