Jones County NcArchives Court.....Catherine Sauls Heirs, Jacob Blackshear V. 1801 ************************************************ 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: Jo Huettl johit@suddenlink.net August 16, 2012, 4:18 pm Source: N C Archives Written: 1801 JACOB BLACKSHEAR vs THE HEIRS OF CATHERINE SAULS This Court document was found by Jo Huettl but the reference number has been lost. STATE OF NC, Newbern Sup. Court of Law Samuel Westbook maketh oath that Jacob Blackshear and those under whom he claims have to the best of this Deponents knowledge and as far back as he can remember, always claimed, held, used, and rented out the tract of land being on the East side of Cypress Creek and estimated at 81 ˝ (eighty one and one half)acres – that in the winter of 1796 the sd Blackshear leased the sd tract to Kindred Sauls for five years at the rate of five & twenty pounds per year with condition, as Deponent has been informed, that if the rent reserved should not be paid that the sd Blackshear might then enter on the devised premises – that the sd Kindred Sauls with his father John and his mother Catherine under and by the authority of sd lease, entered on the said tract, built a log house thereon cleared a few acres of ground and as Deponent has been informed both by the sd Kindred and the said Blackshear, paid the rent pretty regularly for two or three years. This Deponent further saith that John Sauls the father of Kindred having died the Sheriff came to the house where the said Kindred and Catharine lived with a writ at the suit of some of the Mr. Bryans who claimed a title in the land in opposition to Blackshear and that the said Catharine was after long solicitations prevailed on by them the said Kindred, having declined ??? when he was possessed to take a new lease from them for two years at the rate of five shillings a year, they executing a bond to indemnify her for keeping possession of the said land under them. The said Kindred after this as Deponent has been informed, tho still living on the land did refuse in pursuance of the directions of the Bryans to pay Blackshear any rent, and on this account the said Blackshear entered and built a small house on the land. Deponent doth not know the manner in which Blackshear entered. He hath understood of Catherine and Kindred Sauls that he came to the house which they had built, and where they resided, and required of them to give it up to him as they would not pay him the rent due – they refused to go out – he began to take out some of their furniture, but on being warned by them not to molest them, desisted and built a house on another part of the tract. This Deponent further saith that the said Blackshear was removed from the tract by the intervention of a jury, but afterwards restored by the Sheriff - Deponent further saith that the house to which the Sheriff has restored him is the same that Kindred Sauls build soon after taking the lease from Blackshear. Signed Samuel Westbrook Sworn to in Court 24 July 1801 James Shine maketh oath that Jacob Blackshear and those under whom he claims have as far back as this Deponent can remembers claimed, held and used the tract of land, supposed to contain 82 ˝ (eighty one and one half) acres on the East side of Cypress Creek adj to the lands of William Bryan & others of the family of the Bryans, but separated therefrom by a fence and a thick hedge of trees. That this Deponent is a subscribing witness to a lease make of this tract by Jacob Blackshhear to Kindred Sauls in December 1796 for 5 years at the yearly rent of 25 pounds. That at the time of making said lease it was expressly agreed on between said Jacob and Kindred and Deponent believes inserted in the lease, that if the rent reserved should be in arrears the said Jacob might enter on the demised premises. Deponent further saith that by virtue of this lease the said Kindred with his father John and his mother Catharine Sauls entered on the land, cleared some part of it that before was in woods and built the house from which the said Catharine & Kindred have been removed by the Sheriff under the writ of restitution arising from this humble Court. Deponent further saithat that he has been informed and doth believe that the said Catharine while living with the said Kindred in the said house and on the said tract was next word unreadable – by the Bryans who had before since said/paid ???? Jacob’s Uncle and Grandmother for this land but failed in their suit and who atill ??? set up a claim thereto to take a lease of the same from them or one of them for two years at the rate of 5 shillings a year and that the said Kindred after this second lease was made to his mother did refuse to pay the said Blackshear his rent, for which refusal and the rent being arrears said Blackshear entered thereon. Deponent doth not now believe that the said Catharine or Kindred Sauls ever had any title or claim to the said land other than as before states. Signed by James Shine Jeremiah Parsons maketh oath that on Monday the 13th of July, two days before the meeting of the Superior Court, Dawkins Wilkinson, the Sheriff of Jones Co handed to this Deponent a copy of a notice of a rule to show cause why a writ of re restitution should not be awarded against Jacob Blackshear in favour of the heirs of Catharine Sauls, telling this Deponent that the same time that he had not been able to find Jacob Blackshear and that he did not know but that Deponent might have some interest in the affair. Deponent further saith that some time before the said 13th July the said Jacob had left the County of Jones on a journey to the southward and has not yet returned, to Deponents knowledge and further that Deponent doth not know or believe that the said Jacob knew of any thing of said rule against him. Signed Jeremiah Parsons Sworn to 26 July 1801 William Bryan maketh oath that Jacob Blackshear defendant in the motion by the heirs of Catharine Sauls, has removed himself and family from the County of Jones with intention to reside in the State of Georgia and has been removed from the said county ever since the first of March last Signed Wm. Bryan Sworn to in open Court 16 July 1801 Jones County I give you notice to produce to the jury of new ??? and at the trial of this suit now pending in the Superior Court of law for the District of Newbern wherein Doe on the demise of Edward Bryan and others is Plaintiff and John Parsons, Catharine Sauls and myself are Defendants the original deed which I believe to be in your possession or in that of some of the bessons ??? of the Plf made by Martin and Edward Franks to Edward Bryan and which was produced on the former trail of the suit between you and Elisha L. or S. Blackshear otherwise I shall prove by witness the contents of the said deed. Signed Jeremiah Parsons Sept 3 day 1801 James Green maketh oath that he delivered a copy of the written notice to Edward Bryan, William Bryan and Joseph Bryan Signed James Green 16 Jan 1801 EDWARD BRYAN & OTHERS vs JOHN & JEREMIAH PARSONS District Court July Term 1801 Benjamin Brocket disposes and says that on the 6th day of March 1800 he went as Sheriff of Jones County with a Juery of Men to the House of Jacob Blackshear in said County by the Command of a Warrant by two Justices of the Peace for said County to take ??/ said Jacob out of possession, that this Deponant remembers the said Blackshear did not claim the possession whereon Catherine Saul lived but that a young man named Parson claimed the Premises and forwarned the Bryans of said County from touching or meddling with the said Premises, and make publick declaration of the same, all this to the best of his knowledge and belief. Signed B. Brocket 24 July 1801 File at: http://files.usgwarchives.net/nc/jones/court/catherin2995wl.txt This file has been created by a form at http://www.poppet.org/ncfiles/ File size: 8.1 Kb