Greene County NcArchives Court.....Travis Hooker Et Al, Wm. Grimsley Et Al V. 1856 ************************************************ 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 12, 2008, 12:51 am Source: Nc Archives Written: 1856 #7246 – WM. P. GRIMSLEY AND OTHERS vs TRAVIS E. HOOKER AND OTHERS NC Supreme Court Case found at the NC Archives Greene County – 1856 NOTE: Part of this case is missing and some of the other pages have burn marks but most of it can be re-constructed. This is a long case, very difficult to read, and no genealogical information. The researcher is advised to look at the original case for more details. The first name of Tilmon is also spelled Tillmon in various places. Tillmon H. Dixon executed a deed to Travis E. Hooker in Sept 1853 – about the time of the arrival of the sd Dixon's goods at Hookerton – sd deed was fraudulent in fact and in law and intended to hold off sd Hooker until the sd Tilmon could sell the goods and indeed the deed on the face of it said the trustee could not make a sale until 1 Jan 1855 – it was understood that Hooker as trustee should remain in possession of said goods – the def Hooker took possession of the goods about 25 Jan 1854 and sold them at public sale for about $1200 which he still has – he took also the notes and accounts due sd Tilmon which was a considerable amount of money – sd Tilman H. Dixon then executed another deed in trust to William P. Grimsley to receive the debts aforesaid and it was dated 28 Jan 1854 – a few days after this deed was made, sd Dixon left the state and has not returned and sd Grimsley obtained a judgment on the respective notes of about $501.58 and A. Wesson and Co for $109.21 balance due, William Bryan and Co for $496.21, Leanington and Onings??? for $179.66 – your orators have not received any payments and the sd Tilmon is utterly insolvent and they have no means of payment except for the money in the hands of sd Travis Hooker – James Williams was also a def – the goods at the time of the deed were worth about $5,000 and it was new stock just purchased in New York – sd Travis Hooker was a party to the fraud and should be held responsible for the entire amount – your orators say that the defendants James Williams, Cullen Edwards, Jesse Frizzle, Thomas H. Hooker, Reddin Hearper (sic), John M. Patrick and Travis E. Hooker are the pretended creditors provided for in the first clause of the deed – that the defs John M. Dixon and Franklin Dixon are the sureties, that the def John O. Marshall is the surety, that the def Robert M. Bruce, James Bruce and Adam Bruce compose the firm of R. M. Bruce & Co mentioned in sd deed, that the def John M. Mathews, Samuel Freeman, John G. Davis, and William G. Noble compose the firm of Freeman, Davis and Co provided for in the deed, that the defs John W. Lewis and Charles W. Garrnett compose the firm of J. W. Lewis and Co mentioned in the deed, that the defs Alfred M. Treadwell and John Gould compose the firm of Treadwell and Gould mentioned in the deed, that the defs John Mayer and John McNally compose the firm of John Mayer and Co mentioned in the deed, that the defs Thomas McFarland and Alexis Bragg compose the firm of McFarland and Bragg mentioned in the deed, that the def Isaac N. Rankins, Peter S. Duvyee, Henry Duvyee and Henry H. Jaques compose the first of Rankin, Duvyee & Co – also a small debt to R. A. Forley is provided for in the deed but he is not a party – mentions that Tilmon left for New York to obtain the goods – Hooker may have known about the letters of forged recommendations Indenture - ____ Sept 1853 – Tilman H. Dixon to Travis E. Hooker – the sd Dixon is indebted to James Williams as a result of a judgment for $84.16 as of 24 Feb. 1848 – also the sd Dixon is indebted to Cullen Edwards with Jno M. Dixon and Franklin Dixon as sureties for about $350 on a note of 15 Aug 1853 – also the sd Dixon is indebted to Jesse Frizzel with William P. Grimsley as suriety for $75 – also indebted to Thomas H. Hooker with John O. Marshall as surety for $30 – also indebted to Redding Harper for $50 – also to John M. Patrick for $30 – to Robert M. Mayer of NYC for $2050 – to John M. Mathews of NYC for $42 – to Freeman and Davis of NYC for $50 – to J. W. Lewis for $403 – to William Bayer & Co for $550 – to Treadwell and Gould for $106 – to Rankin Duvyee for $164 – to John Haywood & C for $54 The sd Dixon is selling to the said Hooker as Trustee all his dry goods – Signed Tillmon H. Dixon Enrolled 24 Sept 1853, Will. Dixon, ROD Indenture - 28 Jan 1854 – Tilmon H. Dixon to Wm. P. Grimsley – sd Dixon indebted to sd Grimsley for $400 – the deed then repeats all of the people/firms that Dixon is indebted to found in the above deed – assigns goods – also lists accounts receivable – Sarah Hooker, John L. Edwards, Thos. C. Armon, Joseph Turnage, Mary Dixon, Richard Phillips, Jno. Ormond, some names I can't read, Nathan Harrell, Elliot Edwards, Mary A. Pope, Ann Gray, Elias Hart, Jn. M. Patrick, Jno A. May, Emeline Dixon, Ben. Hardy, Mary Dixon, R. F. Bright, Isaac Gardner, Cullen Edwards, James Williams, Elias Butts, Ben Heath, John L. King, Shade Dixon, Nancy Harrell, John James, Nancy Edwards, Mary Coward, Rigdon Moore, Franklin Hartsfield, Mary Hooker, Mark Barfield, Fletcher Ormond, Rutha Taylor, Enrolled 31 Jan 1854, Will. Dixon, ROD Deposition of Travis E. Hooker – Fall Term 1854 – knew nothing of the debts of Tillman Dixon but admitted they were due – there were never any goods purchased by fraud – admits the sd Dixon executed a deed to him conveying a stack of goods to sell although when the deed was made he was out of town in New Bern and did not know about it until he returned home – he denies all collusion with Dixon – understands no one was with sd Dixon when the deed was written except James Williams – stated the sd Dixon squandered his goods All the merchants of NYC testified that they were owed money. File at: http://files.usgwarchives.net/nc/greene/court/travisho256nwl.txt This file has been created by a form at http://www.genrecords.net/ncfiles/ File size: 6.4 Kb