Greene County NcArchives Court.....Williams, Williams Ex Et Al V 1849 ************************************************ 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 August 19, 2015, 10:18 pm Source: N C Archives Written: 1849 #4608 WILLIAMS EX ET AL vs WILLIAMS NC Supreme Court Case found at the NC Archives, Raleigh, NC June 1849 and Greene County NOTE: Obviously this was a case where Guilford Murphy appears to have died in debt but there was a lot of information in this case that I could not directly connect to the case and many of the pages were extremely difficult to read. This is a highly legal and technical case and the researcher needs to review the case in some depth and probably consult NC Reports. Bill of Review of Benjamin F. Haselton and James Williams executors of Henry Williams dec of Mary Ann, Martha and Susan Virginia Williams who are infants under the age of 21 and suing in their behalf are sd Haselton and James Williams their guardians and of James G. Briggs and William H. B. Taylor, Adm of John W. Taylor dec all of Greene Co and also John Griswold and wife, Sarah, of Mary Ann, Eda, John and Virginia last minors by their guardian J. J. Briggs vs Hannah Murphy At Spring Term of Greene Co Court in 1843 Haselton and Williams Exec of Henry Williams, Mary Ann, Martha and Susan Williams and John W. Taylor exhibited the original Bill of Complaint to the Court against Hannah Murphy stating and one Guilford Murphy late of Greene Co. being largely indebted in his circumstances, a judgment was obtained again him and one in favor of William C. Loftin for $700, one in favor of James S. Smith endorsed to William Darden, Carpenter for $132.12 plus interest and Sheriff leved against sd Guilford a house and lot in Hookerton where sd Guilford lived and the same was advertised and exposed to public sale and John W. Taylor and Henry Williams became joint owners and sd Guilford had a large sum of money he wished to invest in sd house and lot but being aware of his debts he was afraid to do it in his name and in Oct. 1837 he contracted with Nathan Hooker then the owner of sd property for its purchase for $2,750 and but for the purpose of defrauding his creditors he supported the levy on their executions on sd house and lot instead of taking the deed in his name and the deed was made to Hannah Murphy who was the wife of sd Guilford Murphy and executed on 17 Oct. 1837 and later it was determined to only convey a life estate to sd Hannah the word ìheirsî being omitted by mistake and to correct this sd Hooker on 7 May 1841 executed a 2nd deed to sd Hannah and the entire purchase money was paid by sd Guilford during his lifetime out of his own funds Since the deed the sd Guilford has died intestate and sd Hannah now is in possession of the house and lot and she refuses to surrender the possession to the defs. Henry Williams one of the joint owners has recently died with a Will and Benjamin F. Haselton and James Williams were exec and sd Henry Williams also left Mary Ann, Martha and Susan Virginia Williams his children who are infants and the sd Execrs are also guardians and sd Henry left his lands to be sold and his Execs have repeatedly asked Hannah to deliver the property to them and to execute a deed doing so but she has not done so and she says the property was hers paid for by her husbandís own money or money from a sale of a tract that belonged to Hannah and sd Guilford only had a life estate is that tract and the plf says she only has an equitable claim on the property There was some question as to whether Williams and Taylor could have made the purchase according to the def since Murphy owned Cox and Smith money It appears that John W. Taylor was also dec. DEPOSITIONS Answer of Susan E. Williams a def. testimony taken 21 March 1846 by Charles Edwards Guardian of Susan E. Williams a def and she had no knowledge of the matter and said Hannah told her she had 2 land tracts of her own and one known as the Sheppard tract and the other the Grimsley ??? tract and sd Hannah knowing her husband, did not want him to sell her property but agreed only if the money should be vested in other real estate in which she should have rights as her original maiden land and he agreed and the house and lot were put in her name - The Grimsley tract was conveyed to John Turnage and the Sheppard Tract to ____ Powell and the deeds with the sale to Powell and the house and lot were done to be regarded as part of the same transaction and sd Susan has no knowledge of indebtness of sd Guilford but she does not doubt it Mrs. Sarah Carr was sworn in and she stated sd Guilford had asked her to tell his wife he had given her good advice regarding selling her maiden lands and invest the money in the house and lot but he had not been able to convince her and she finally agreed if the house and lot were in her name and for her use and Sarah Carr was the mother of sd Hannah Murphy Benjamin F. Hazzelton and James Williams Exec of Henry Williams, James Kilpatrick, Wesley Ormond, Sam. Lane and W. H. Horn were to testify on 16 Sept 1848 James Kilpatrick stated the sd Guilford was in debt when he md Hannah Carr and his property probably covered his debts as it was worth $4,000 at least and said Murphy never made any money but he traded a lot Sam. P. Lane and stated he knew Guilford before his marriage to Hannah Carr and stated that sd Guilford had a new carriage worth about $500 and he stated that Council Wooten was a brother in law of sd Guilford and sd Council thought sd Guilford was acting badly and his family was disappointed in him and sd Guilford was disappointed in his expectation of his marriage as Hannah had created her own debts Wesley Ormond and stated he knew sd Guilford before his marriage and had no knowledge of indebtness except sd Guilford had told him he owed $1,300. Ormond lived with Guilford about 13 months after his marriage and he stated that Hannah was extravagant M. N. Morin ??? - stated he knew Guilford in 1835 and knew little of any debts and sd Guilford had relations in Lenoir and Craven Co and he md Hannah in 1837 and it was said he owed a lot of money and he took a lot of money to show Mrs. Carr and she thought she was rich and mentioned Guilford Houston and Spencer Murphy the brother of Guilford Murphy and stated that Guilford Murphy had a falling out with his mother in law shortly after the marriage about property and sd Guilford and Roderick Powell had some business together and sd Powell lived in Snow Hill at the time but Powell said he dealt with sd Guilford with caution Nathan Hooker of Orange Co., NC and 30 March 1844 and stated he sold 4 half acre lots in Hookerton to Guilford Murphy and wife now in dispute and he sold the lots for $2,750 executed to Hannah and sd Guilford pd $500 plus a note from Roderick Powell of $1,168.50 and his own note of $1,081.50 due in 12 months which was collected by the Sheriff out of the estate and it was his impression the lot did not belong to Hannah as a maiden lot and he thought some of Guilfordís money came from the sale of Negroes and sd Hooker bought them but my money came from the Clerkís office and Powell gave his note as part payment of the Sheppard tract and Hooker received the lot worth $500 which was conveyed by Powell to Murphy for part of the Sheppard tract and the house and lot was formerly Nathan Hookerís dwelling house Depositions taken 26 March 1846 in Hookerton at the house of Redding Harper John Turnage and stated he pd about $327.75 for the Grimsley land and Mrs. Murphy was reluctant to sign away her rights Deposition of Nathan Hooker of Orange Co., NC formerly of Greene Co. and he did by deed on 17 Oct. 1837 (NOTE: in another place it says 1830) convey to Hannah Murphy for $2,350 four O acre lots in a square in Hookerton being Lots # 17, 18, 20, 21 - WIT were Matthew H. Carr and James B. Hooker Copy of deed attached and see below To Court in Greene Co Feb. 1842 and Sheriff Haywood Edmundson to return the goods, chattels and land of Murphy for the sum of $130 and James Smith endorsed to William Darden and this appears to be a suit against Guilford Murphy for debt and damages for $5.30 dated Dec. 1841 and Murphy owed for the lot in Hookerton where he last lived and lot was to be sold to the highest bidder at the Courthouse on 16 Feb. 1842 and John W Taylor and Henry Williams by James Harper purchased the lot for $3 - WIT James Williams, James Garland NOTE: A copy of the deed states $200 and it is fairly clear. Court of Pleas and Quarter Sessions and May Term 1840 and Henry Miller, Wm. A. Darden, Theos. Eason, Benjamin S. ?? Edwards, James G. Edwards were Justices To Court comes James T. Smith to the use of William Darden, carpenter, by William G. Washington Attn. and brought a writ against Guilford Murphy The jury found for the plf and the lot and 2 Negroes were to be sold to pay debt Six months after the date we promise to pay R. Powell and Jas. McKinny $2,912.95 for value received and dated 11 Oct. 1837 and signed G. Murphy, Wm. Herring and WIT: James S. Smith Murphy and Herring paid sd Powell and McKinny: $627.36 on 5 Feb. 1838 $50 on 6 Aug. 1838 $1,194.96 on 8 Dec. 1838 There was a balance of $1,141.96 plus interest not paid and Powell and McKinny sued Murphy and Herring and they wanted the 2 Negroes sold On 10 Nov. 1840 Herring paid $400 plus $273.50 to Powell and McKinny Nov. Term 1840 Greene Co. Court and came Mathew Shaw endorsee to B. B. Williams by William H. Washington Esq his attorney and brought a writ of debt against sd Murphy with William R. Jones the Endorsee and Murphy owed $273 plus damages and jury found in favor of the plf May Term 1840 Greene Co Court and William C. Loftin by his attorney William H. Washington brought a writ of debt against Murphy, Guilford W. Houston, W. S. Murphy, Samuel W. Ormond and John M. Patrick and for $585 A Greene Co Court Equity Bracket was attached and copied but no additional information. James Williams and Benjamin F. Hazelton, Execs of Henry Williams dec are complaints and Chas. Edwards guardian of Susan E. Williams is def 1843 - Hannah Murphy, widow to appear at Court in the case of Benjamin F. Hazelton and James Williams Execs of Henry Williams and of Mary Ann, Martha and Susan Virginia Williams and John W. Taylor Susan E. Williams was heir at law of Hannah Murphy and she to show why she should not be sued as Hannahís heir NOTE: It mentions in one place that John W. Taylor was dec INDENTURE, Greene Co. 17 October 1837 and Nathan Hooker of Greene Co to Hannah Murphy of the same and for $2,750 and for four half acre lots in the town of Hookerton ie lots #17, 18, 20, and 21 and including the dwelling house and all improvements WIT: James Hall, James B. Hooker To Court May Term 1841 A true copy made 8 Oct. 1848 INDENTURE, Greene Co 15 Feb. 1841 and Haywood Edmundson, Shff of Greene Co. to Henry Williams and Jno. W. Taylor and by virtue of an Execution issued by the Greene Co. Court in the name of William C. Loftin, plf against Guilford Murphry def for the sum of $700 and house and lot in Hookerton to be sold on 15 Feb 1841 to satisfy the Execution and sd Williams and Taylor were high bidders at $200 WIT: Henry Best, William M. Albritton To Greene Co. Court 6 April 1841 A true copy made 7 Oct. 1848 INDENTURE, Greene Co Nathan Hooker of Orange Co. formerly Greene Co did by deed bearing date 17 Oct 1837 did convey to Hannah Murphry of Greene Co four half acre lots in a square in Hookerton, being Lots 17, 18, 20, 21 and for the consideration stated and the deed did not state ìto her heirsî which made the deed defective and a reconveyance has become necessary and this deed to do so for the consideration of $2,750 mentioned in the original deed In witness the said Nathan Hooker has set his hand the 7th May 1841 and the word ìconsideration ì interlined before signed Backed a deed from Nathan Hooker to Hannah Murphry widow of Guilford Murphry Deed to Greene Co Court May Term 1841 A true copy made October 1848 A writ at the Court of Pleas and Quarter Sessions on the lands and chattels of Guilford Murphry caused to be made $132.16 ??? with interest and which James Smith endorsed to William Darden, carpenter and house and lot to be sold and John Taylor and Henry Williams by James Harper their agent were high bidders File at: http://files.usgwarchives.net/nc/greene/court/williams869nwl.txt This file has been created by a form at http://www.genrecords.net/ncfiles/ File size: 12.9 Kb