Greene County, NC - Benjamin S. Ward vs Shade Wooten, 1873

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BENJAMIN S. WARD vs SHADE WOOTEN – GREENE COUNTY

Found at the NC Archives, Greene County, Civil Action Papers, Concerning Land, 
CR.045.325.17 – Folder 1871 – 1876

Superior Court, Greene County Fall Term 1873

Benjamin S. Ward & wife Mary Ann Nancy, pltff vs Shade Wooten, def

The parties agree to submit this action  to the judgement of the court on the 
following facts agreed.

1. Joseph Rasberry by deed, bearing date June 25th 1847 (a copy of which is 
herewith attached) conveyed the lands in controversy to his son, Joseph John 
Allen Rasberry – that the latter died intestate & without issue on the 10th 
day of April 1858.
2. That the plaintiff, Mary Ann Nancy is the person mentioned in said deed to 
be heir of said land in the event therein named
3. That 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, 
a copy of which is attached
4. That said Alfred Moye in pursuances of said deed to him, sold and conveyed 
said lands in fee to Benjamin Streeter & William Turnage on the 5th day of 
December 1854
5. That said Benjamin Streeter & William Turnage went into the immediate 
possession of said lands after of said lands after the deed to them
6. That the title to said lands in fee hereby successive conveyance, came to 
the defendant
7. That the said Benjamin Streeter & Wm. Turnage & the persons claiming under 
them, including the defendant have been in adverse possession of said lands 
since the 5th day of December 1854.
8. That the said Joseph Rasberry died on the ___ day of July 1854
9. That the said Joseph John Allen Rasberry left as his heirs five brothers, 
five sisters, the plaintiff, Mary Ann Nancy being one of his sisters.
10. That the plaintiff, Mary Ann Nancy was born 17 day of December 1845 & 
married first one Cummius??? Before she was 21 years of age – that her husband 
Cummius died on the ___ day of ___ 1867 & then married the plaintiff Ward on 
the 3rd day of 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 opinion that she is entitled to one undivided tenth, 
judgement shall be given accordingly and if the court shall be of opinion that 
she is not entitled to possession of any part of said lands, judgement shall 
be reduced against the plaintiff for costsWm. J.? Dortch attn for defendants
J. H. Haughton and ? for F. A. Woodard also for plaintiff

In the file is the following which is very faint:
Ages of the children of Jos. Rasbery dec
1. Mary Ann N. plff born 17 Oer 1845. Married 1st to W. Cummius while under 21. 
Cummius died in 1867. She married plff Ward 3 Nov 1870
2. Sarah Elizabeth Windham born 6 Mar 1850 marred Oct 1869 Windham (next word 
unreadable. 
3. Abner Rasbery
4. Stephen Rasbery
5. Axey Nethercutt wife of Geo. Nethercutt – married before death of Jos Rasbery. 
Nethercutt died during the war

Joseph Rasbery died July 1854
Joseph John Allen died 1852

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