Greene County, NC - Tyson vs Rasberry, 1820 ~~~~~~~~~~~~~~~~~~ 1072 TYSON VS RASBERRY William Tison vs Joseph Rasbury – filed 20 June 1820 – Greene Co William Tyson sues exclusively for himself – states that Joseph Rasberry of this County did on about 25 March past (1818) set fire and burn part of the woods contrary to an act of the Assembly – he has forfitted the sum of 25 pounds Signed by Joseph Williams Greene County Court 23 Jan 1819 Judgement against pft for 8 shillings cost on 27 Jan 1819 – pft appealed and the jury found for the def – he then appealed to the Superior Court Another trial was held April Term 1820 – on the jury was Josiah Sugg Junr., Thomas Edwards, Dru Aldridge, Ruffin Pridgen, Richard Allen, Henry Herrin, William Speight, Josiah Sugg Senr, Luke Turnage, Thomas Ward, Henry Sauls and Joseph Ellis Case – about sunset on 25 March 1818 a wit saw the def set fire to the woods to burn around a tar kiln on his own land and in a day or two they saw the pft fence about ½ mile from the kiln and it had recently been burned and they know of no other fire in the area -–one witness was unworthy of credit – the def proved the tar kiln was erected on his own land by Stephen Tison – on the morning preceding the day mentioned, a fire was discovered in the woods about 2 ½ miles which indicated apprehension for the safety of the tar kiln – Stephen Tison applied to the def to aid him in burning around the kiln to save it from destruction – Tison was directed to inform the neighbors of the situation – by the next morning the fire had reached ½ mile from the kiln - before the def did the act proven by the pft the fire was within a quarter or ½ mile of the kiln and 1/4 mile from the fence – if not for burning around the kiln it would have been destroyed – there is no proof that the fire razed the fence – the judge was not sure the def could prove his case – a new trial was schedule based on misdirection from the court – security was provided by David Scarborough and James Porter ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Martha Mewborn Marble ___________________________________________________________________