Greene-Pitt County NcArchives Court.....Joyner, Darden V. 1848 ************************************************ 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 February 28, 2010, 7:25 pm Source: N C Archives Written: 1848 #4636 – DARDEN vs JOYNER Greene County NC Supreme Court Case found at the NC Archives See also Case #4035 1848 – William H. Darden, Executor of Stephen Rogers dec went to Court Fall Term 1847 with a writ against John Joyner, Administrator of Elizabeth Rogers, dec – plea of trespass and sd Darden wants damages of $4,000 Elizabeth Rogers was the wife of Stephen Rogers and upon her libel at the Court of Equity in Greene Co in 1837 she obtained a divorce from the sd Stephen Rogers – she was to receive alimony and separate maintenance – she was to receive 1/3 of the rest of a tract of land and mill conveyed to sd Stephen by O. C. (sic) plus the Negroes Esther, Wilie and Moses – sd Elizabeth received $60 a year for life for her share plus the Negroes and moved to the County of Pitt – on 13 August 1838 she sold the sd Negroes and their increase to Samuel Vines for $1,000 giving him a Bill of Sale – sd Elizabeth departed this life May 1845 surviving her husband the sd Stephen – in 1846 an action was started for the recovery of the Negroes against Samuel Vines (see Rogers vs Wines) & recovered the value of the Negroes – on the 6 Aug. 1841 the sd Elizabeth executed a paper, a Will probated in Pitt County in 1845 and John Joyner was the Administrator – sd Elizabeth had a piece of property which Joyner took into his possession and then sold on 1 Aug. 1847 for $2,046.21. Stephen Rogers departed this life in 1847 leaving a Will and appointed William A. Darden his Executor Sd Joyner still had possession of sd Elizabeth’s property and refused to give it to sd Darden – Joyner had paid to Samuel Vines $1,562.37 on a breach of the warranty of title in the Bill of Sale of Elizabeth Rogers to Samuel Vines for the sd slaves – the said Stephen had received the slaves originally from Samuel Vines It is stated sd Elizabeth resided with sd Joyner from the time she moved to Pitt Co until her death and she was charged no board - it was also stated she had no right to make a Will as all her property upon her death was suppose to return to her husband Sd Joyner contends that since sd Darden had recovered once he can’t recover again Elizabeth Rogers vs Stephen Rogers in Equity Spring Term 1838 Both were residents of the State for 3 years and they petitioned for a divorce – she stated that Stephen had been so cruel and barbarous to endanger her life – on the jury were John J. Edwards, Stephen Rasberry, Josiah Sugg, John Taylor Sr., Kindred Sauls, Jonathan Eason, William Hardy, Redding Ruff, Wilie Rasberry, Theophilus Dail, Washington Dixon and Silas Walston – they found in favor of Elizabeth and a divorce should be granted and she should have alimony and separate maintenance – the land and saw mill were originally conveyed by Benjamin May to sd Stephen on 15 Nov. 1803 – sd Elizabeth also received the Negroes Esther and child, Wilie, and girl Mary BILL OF SALE Elizabeth Rogers to Samuel Vines, Sr. Know all men by these present that I Elizabeth Rogers of the county of Pitt and State of North Carolina for and in consideration of the sum of one thousand dollars to me in hand paid by Samuel Vines of the same place at and before the sealing and delivery of these presents the receipt whereof is hereby acknowledged have bargained sold and delivered and by these presents do bargain and deliver unto the said Samuel Vines one negro woman named Ester with three several children named Wilie, Mary and Hillard. To have and to hold the said above named negroes unto the Said Samuel Vines his executors administrators heirs & assigns forever to his and their own proper use and benefit and I the said Elizabeth Rogers my heirs executors & administrators the said bargained negroes unto the said Samuel Vines his executors administrators and assigns from and against all persons and persons whosoever shall and will warrant and forever defend by those presents. In witness whereof I hereunto set my hand and seal this the 13th day of August 1838 Signed Elizabeth Rogers WIT: N. Joyner, J. Joyner November Superior 1840 Then this bill sale was exhibited into open court and proved in due form of law by the oath of Noah Joiner a subscribing witness thereto let it be registered Archd. Parker, Clk I certify the above bill of sale to be a true copy as will show in my office Book JJ ?? Page 326. James Albritton, Regt. File at: http://files.usgwarchives.net/nc/greene/court/joyner1322wl.txt This file has been created by a form at http://www.poppet.org/ncfiles/ File size: 5.0 Kb