Greene County, NC - Benjamin S. Ward & wife vs Shade Wooten, 1873 ~~~~~~~~~~~~~~~~~~ 11,327 BENJAMIN S. WARD AND WIFE MARY A. N. WARD vs SHADE WOOTEN Greene County Fall Term 1873 Joseph Rasberry by deed dated 25 June 1847 conveyed the lands in controversy to his son Joseph John Allen Rasberry, that the latter died intestate and without issue on 16 April 1858 The plf, Mary Ann Nancy Ward is the person mentioned in the deed to be heir of said land in the event therein named. The said Joseph Rasberry, by deed on the 16th day of November 1849, conveyed said land in fee to Alfred Moye, in trust for the payment of his debts. The said Alfred Moye in pursuance of said deed to him, sold and conveyed said lands in fee to Benjamin Streeter and William Turnage on the 5th day of December 1854. The said Streeter and Turnage went into the immediate possession of said lands after the deed to them. The title to said lands in fee has by successive conveyances, come to the defendant. The said Street and Turnage and the persons claiming under them, including the defendant have been in the adverse possession of said lands since 5 December 1854. The said Joseph Rasberry died on --- day of July 1854. The said Joseph John Allen Rasberry left as his heirs five brothers and five sisters, the plaintiff Mary Ann Nancy being one of his sisters. The plf, Mary Ann Nancy, was born 17 December 1845 and married first one Cummins before she was 21 years of age. Her husband Cummings, died on the __ day of ___ 1867 and she married the plf Ward on the 3 November 1870. If the Court shall be of opinion that the plaintiff, Mary Ann Nancy, is entitled to possession of the whole of said lands, judgement shall be given accordingly – if the Court shall be of the opinion that she is entitle to one undivided tenth – judgement shall be given accordingly. The plf alleges that Mary Ann Nancy Ward, wife of Benjamin S. Ward is lawfully seized in fee of the following described lands situated in Greene County containing 257 acres and adj the lands of Mills Smith, Seth Shackleford, Shade Wooten (the def), the Minshew tract and others. The def, Shade Wooten, is now and was at the time of issuing the summons in this action in possession of said land, and claims title to the same land. The plf said the def unlawfully withholds the possession of said land from the pft to his damage $1000. The pft demanded the land and the def refused The def states that none of this is true except he is in possession of the land and he claims he has had it for many years and is protected by the statute of limitations. The local court found that the plf is entitled to possession of the whole tract of land. The def appealed to the Supreme Court because of the statute of limitations. A postcard found in the folder states the widow of the elder Rasberry is living on 26 July 1876 DEEDS 25 June 1847 – Indenture – Joseph Rasberry of Greene Co in consideration for the natural love and affection unto my well beloved son Joseph John Allen Rasberry, planter, give 257 acres of land – beginning in Sandy Run, a corner between Needham Garnor and his son Simon Garnor now the corner of Mills Smith, to the head of Jefferson Branch in Minchew’s line, old patent line, John James corner, Charles Shackleford’s corner – except my life estate in said lands and also my wife Priscilla’s life or widowhood to the same the Garris tract – if Joseph John Allen should die without a lawful heir that my beloved daughter Mary Ann Nancy should be heir of this said land signed Joseph Rasberry WIT John W. Harper and Jacob Rasberry To Court Nov. Term 1847 on oath of Jacob Rasberry – James William, Clk True copy made from Book O page 74 & 75 on Nov 19, 1872 – Wm. McKeel, Regr END OF DOCUMENT 16 November 1849 – Indenture – Joseph Rasberry of Greene Co of the first part, Alfred Moye of Pitt Co of the 2nd part, and Benjamin Streeter and William Turnage of Greene Co of the third part – whereas the said Joseph Rasberry is justly indebted to James Williams guardian of the heirs of William Williams and by note in the sum of $98.98 dated Nov 13, 1849 – said Streeter and Turnage are securities – the said Joseph is also indebted to Henry H. Hooker for about $70 – the said Joseph is indebted to Owen W. Jones for $20 – said Joseph is anxious to save said Streeter and Turnage from the above debt to James Williams – this indenture to secure the debt and for another $1 paid by said Moye convey the said land to Moye – adj to Wimbley Shacklefored and Mills Smith, on Sandy Run – 262 acres being the land where the said Joseph now resides – also the negroes Hester, Rachael Ann, Fanny and Edith, his stock of horses, cattle, hogs and sheep, household and kitchen furniture and still and all the cider casks, crop of corn, fodder and farming implements of every kind – condition that if said Joseph shall pay the debts by 25 Dec 1851 this obligation shall be null and void – if not paid then on 25 days notices to be put at public places in Pitt Co and a credit of 6 months the land to be sold signed Joseph Rasberry, Alfred Moy, Benj. Streeter, William Turnage WIT Thomas Tison ___________________________________________________________________ Copyright. 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