Greene County, NC - Rasberry vs Porter Et All, 1836 ~~~~~~~~~~~~~~~~~~ #2483 RASBERRY VS PORTER ET ALL Joseph Rasberry vs Catherine Porter & others - 1836 Greene County Catherine Porter, James G. Shepard and James House, their attorneys and agents - whereas Catherine Porter did commence her action of ejectment in Greene Co against Joseph Rasberry and on Nov. Term 1830 obtained a judgement against him - said judgement was against Joseph, Wiley and Stephen Rasberry Signed Chas Edwards C. M.E. CASE Joseph Rasberry was indebted to the Defendant Mrs. Porter for $4133.00. To secure the debt he executed a deed on 23 May 1821 as a deed of trust to James G. Sheppard for several slaves and for 7 continuous tracts of land situated in Greene Co - tract on Sandy Run and cowford Branch of 200 acres conveyed to Rasberry by Lovick Rasberry on 13 Jan 1802 - other tracts with acreage and who conveyed to Rasberry - the aggregate number of acres was not anywhere in the deed but they would be 976 1/2 acres - on 30 March 1826 Jos. Rasberry executed a deed to James House for the same land except the latter deed gives 976 1/2 acres - on the same day House and Mrs. Porter executed to House a release of title and House then conveyed the lands to Mrs. Porter wich discharged Joseph Rasberry from the debt - then a survey was done and the aggregate number of acres was 1176 acres - Joseph Rasberry made a conveyance to his son Willie Rasberry of 122 acres and one to his son Stephen for 160 acres - both tracts were within the bounds of the 7 tracts - Rasberry and sons filed for a petition of the lands saying the deeds only conveyed 976 1/2 acres and said there was a mistake in the acres - Mrs. Porter denied there was a Mistake DEPOSITIONS CATHERINE PORTER - she was guardian to her son James Y. Williams and Rasberry was in debt to her for $4163 - then she gave her version of the story BENJAMIN RASBERRY - son of Joseph - admitted his father was insolvant in 1821 - said he and his brother were underage - he stated that his father owed John Croom money - $100 and that went in payment for Stephens land - John R. Croom had a note against Stephen Rasberry dated March 1826 for $100 - taken 16 Sept 1836 WYATT MOYE - was appointed Sheriff of Greene Co May Session 1826 until May 1829 - had several writs of execution against Joseph Rasberry including deeds to sons and a tract near Jacob Rasberry and a tract east of Sandy Run where Rasberry lived - land was sold at auction to William Speight Taken at home of Nancy Speight by Arthur Speight and James Williams, J. P. on 11 Sept 1834 MOSES BARFIELD - he was a wit to the deed to Stephen Rasberry about 13 years ago and the same for the deed to Wiley - he signed with mark JOSEPH WILLIAMS - said Joseph Rasberry allied in April 1827 for a certificate to relinquish a tract he conveyed to Stephen Rasberry and the same for one to Wiley Taken at the courthouse in Snow Hill on 4 Oct 1832 THOMAS SPEIGHT - surveyed the land in question and there was more land than the original deed HENRY DAIL - stated there was more land than the original deed GEORGE P. LOVICK - was a WIT to the deed of 23 May 1821 from Rasberry to Shepherd Taken by Bennet W. Murphy & James Harper - 1 Oct 1835 in Hookerton JAMES B. HOOKER - was present when a deed given by Joseph Rasberry to Jas. House - Mrs. Porter thought the land was secured and did not think Rasberry would take advantage; Mrs. Porter said Speight had told her part of the land was lifted out when it was run Taken by John Joyner and Sherrod Tison at the house of Tison in Pitt Co - 1 Oct 1832 ABSOLOM SAUNDERS - 8 to 10 years ago Catherine Porter offered to sell her land near Snow Hill to me and another tract she said she had a deed of trust on and that was the land of Joseph Rasberry who would not be able to reclaim and she would get back to sell again - we had several conversations and she said she could sell the land but there was a dispute as Rasberry wanted to hold some of the land - she wanted to know if Rasberry could hold any of the land - she said she bought the land by course and distance - she said Rasberry found out there was more land than he expected Taken by Thomas W. Pridgen on 16 Sept 1836 SUSAN CROOM - stated she was the daughter of Joseph Rasberry - stated that Wiley and Stephen were also the sons of Joseph and they were under age in 1821 - today they are between 30 and 35 Taken in front of Wm. Hart and Chas Edwards on 6 Sept 1834 at the home of Matthew F. Randolph in Snow Hill WYATT MOYE - he surveyed the land I question as the Sheriff of Greene Co - Rasberry said the land was in dispute - stated that one of the sons had a deed from Joseph Rasberry for the land where the house was JOHN WILLIAMS - stated he knew of the deeds from Joseph to his sons Wiley and Stephen because I was the Registrar - said deeds were dated May 1 1821 and were calling for Rachel Rasbury's line when she had no line at that time - Jesse Rasberry, her father was living at the time and had the line himself and lived until Sept 1 1821 - it was not Rachel's line until the division which was Jan 1 1823 - it was reported that Wiley and Stephen were not of age at the time of the deeds - stated he did not know if Rachel Rasberry senr owned the land on NS of Sandy Run but she had little about a mile from the land in question Taken before Wyatt Moye and Theop. Eason, J. P. at house of Joseph Williams JESSE SPEIGHT - in 1823 or 24, Joseph Rasberry told me that Catherine Porter held a deed in trust on his land - Rasberry said the deed did not cover all the land - Speight thought it had 926 acres - Mrs. Porter questioned times regarding the home plantation out of the trust to Robert Rasberry ACHSOH RASBERRY - NOTE: Achsoh Rasberry was also written Axey and was a daughter of Joseph Rasberry) - stated Mrs. Porter went to my father's on her way to Absolem Saunders in Pitt Co and told my father she wished him to give her a deed for her part of land for she was going to sell it and wanted to sell his part as they could get more if sold together - Achson's father had sons Benjamin and Robert and her father may have proposed said Benjamin and Robert buy the land now in dispute - she signed her deposition by mark JAMES HARPER - stated he was at Charles Edwards in the spring of 1826 - stated Mrs. Porter, Joseph Rasberry and James House were discussing the land - Mrs. Porter was guardian of James Williams - Mr. Rasberry as to give the deed to Mrs. Porter to cover debts - Harper stated he wrote the deed and Rasberry only sold part of the land - 966 ?? acres - Harper recalled a platt made by Thomas Speight which Mrs. Porter objected to - Harper admitted that Mrs. Porter left the room when the deed as being written and Rasberry tried to change the wording. BENJAMIN RASBERRY - stated he was present when the deed of trust given by my father to Catherine Porter and James Sheppard wrote the deed - my father stated he did not wish to deed away his father's bones except the Sheriff took it by Execution - Joseph said he would put in a negro girl named Lydia - NOTE. It appears the mention of bones referred to the graveyard which would account for some of the missing acres -mmm) NANCY SPEIGHT - she was a wit to the deed to Wiley and Stephen Rasberry - she kept the deeds in her possession until Rasberry called for them - that was about 14 years ago - she signed by mark There was a note that James Shepherd was living in Fayette Co in Tenn in 1834 when he gave his Dep (which I didn't see) DEEDS Indenture - 14 May 1821 - Joseph Rasbury of Green County to Stephen Rasbury - for $350 paid by said Stephen see a tract in Green on the NS Sandy Run - adj Cowford, old patent line of the 270 acres granted to Joseph Rasbury Senr in patent, adj William Taylor, Rachel Rasbury line - 170 acres Joseph Rasbury signed WIT Moses (x) Barfield, Nancy (x) Speight To court Feb Term 1827 Wm. Williams Clk END OF DOCUMENT Indenture - 15 May 1821 - Joseph Rasbury of Green County to Wiley Rasbury of the same - $250 - a tract in Green Co on the NS of Sandy Run -adj Isham Minshaw formerly Symmeon Garner's corner, - 60 acres being part of a tract conveyed from Needham Garner to Simmeon Garner, another tract on Cowford, adj Rachel Rasbury's line, up Sandy Run - 65 acres being part of a track of land conveyed from Lovick Rasbury to Joseph Rasbury Signed WIT Moses (x) Barfield Nancy (x) Speight END OF DOCUMENT Deed - I Joseph Rasbury of Greene County to James House -for $3283.00 - 976 1/2 acres in Greene on the NS of Sandy Run and both sides of Cowford branch - one of the tracts is on Sandy Run and Cowford branch containing 200 acres conveyed to the said Joseph by Lovick Rasbury by deed dated 13 Jan 1802 - another tract on Sandy Run of 350 acres conveyed to said Joseph by Reubin Rasbury on 29 Feb 1804 - another tract on Sandy Run of 170 acres conveyed to Joseph by Simeon Garner by deed on 14 March 1801 - another tract adj the aforesaid land of 50 acres conveyed to said Joseph by William Taylor Junr on 14 Feb 1805 - another tract of 36 acres granted to said Joseph by patent on 8 April 1818 - another tract granted by patented to said Joseph on 4 April 1817 - another tract adj the same containing 162 acres conveyed to said Joseph by James G. Sheppard on 17 April 1817 END OF DOCUMENT Indenture - 23 May 1821 - Joseph Rasbury of Greene Co to James G. Sheppard of the second part and Mrs. Catherine Porter of the third part - as said Joseph is in debt to said Catherine Porter guardian to James Y. Williams in the sum of $4,163 by note bearing this date which note was given in exchange for three other notes paid over to the said Catherine as Guardian by Solomon Brand adm of James Porter dec former Guardian to the said James Y. Williams - Joseph wishes to ensure the debt is paid - Sheppard to paid $10 - the following tracts of land - one of the tracts is on Sandy Run and Cowford branch containing 200 acres conveyed to the said Joseph by Lovick Rasbury by deed dated 13 Jan 1802 - another tract on Sandy Run of 350 acres conveyed to said Joseph by Reubin Rasbury on 29 Feb 1804 - another tract on Sandy Run of 170 acres conveyed to Joseph by Simeon Garner by deed on 14 March 1801 - another tract adj the aforesaid land of 50 acres conveyed to said Joseph by William Taylor Junr on 14 Feb 1805 - another tract of 36 acres granted to said Joseph by patent on 8 April 1818 - another tract granted by patented to said Joseph on 4 April 1817 - another tract adj the same containing 162 acres conveyed to said Joseph by James G. Sheppard on 17 April 1817 - 682 acres out of which deed 520 acres has been deeded to Benjamin Rasbury - also the follow negros - boy Sland Daniel girl Rhoda Argent Vine Jenny & Lynda (no commas after the names) - both lands and negroes made in trust and if said Joseph fail to pay the debt owed to Catherine Porter then the property can be sold at public sale for the term of 30 days at the Court house in Greene Co Signed by Joseph Rasbury, James G. Sheppard, Catharine Porter WIT George P. Lovick, Solomon Brand To Court August Term 1822 on oath of Solomon Brand Wm. Williams Clk Registered 27 April 1822 Wm Williams Regis END OF DOCUMENT There is a platt in the case showing the different pieces of land, and shows where each piece came from. All of this is explained above with the exception that some of the land James Shepherd sold to Joseph Rasbury was part of a James William pattent. It is not possible to put the platt in this file but the written description is as follows (with the exception of the poles): The single black lines - is a pattent granted to J. Rasberry Senior for 270 acres The double black lines --- is also a pattent granted to Joseph Rasberry The triple black lines --- is a pattent granted Joseph Rasberry for 150 acres The small piece of 4 lines --- is a pattent granted J. Rasberry for 8 1/2 acres The small pair of 6 lines --- is a pattent granted to J. Rasberry The 4 sided figure --- is a deed from Joseph Rasberry to Willie Rasberry The 4 sided figure that is dotted between Cowford branch and Soney ?? Run --- is also a deed from Joseph Rasberry to Willie Rasberry The black dotted piece on the east side of Cowford branch --- is a deed from Joseph Rasberry to Stephen Rasberry The single ??? 4 sided figure ---- is known by the name of Taylor deed The land the ??? side of Cowford branch --- is a deed from Lovick Rasberry to Joseph Rasberry for 200 acres The land contained in the pines marked in the plot --- is the land Reuben Rasberry deeded to Joseph Rasberry The long square at the top of the plot --- and the 4 sided figure on the west side of Cow branch ---- is a deed from Simon Garner and represents a 55 acres piece. The single black lines --- is the land covered by the deed from James G. Shepherd to Joseph Rasberry and is said to be a part of the James Williams pattent Signed Wyatt Moye, artist ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Martha Mewborn Marble ___________________________________________________________________