Lenoir County, NC - NEW Bern (NC) DISTRICT SUPERIOR COURT CIVIL ACTION RECORDS File transcribed and contributed for use in the USGenWeb Archives by Rose Parks <201ramp@dishmail.net> NEW Bern (NC) DISTRICT SUPERIOR COURT CIVIL ACTION RECORDS (NC Archives, Box DSCR 206.325.10) Abstracted by: Rose Parks Rt.1 Box 119-B Avery, Texas 75554-9722 State of North Carolina Lenoir County Know ye by these presents that we Gershom Wiggins, Moses Westbrook and James Bright are held and firmly bound to Isahel Wiggins in sum of 100 pounds to be paid to Asahel Wiggins heirs etc. we bind ourselves this __July AD 1799. A suit was brought by said Asahel Wiggins against Gershom Wiggins, judgement was against Gershom Wiggins, and being dissatisfied prayed an appeal to next court and if Gershom will duly prosecute the said appeal with effect and abide by the judgement and sentence of said then the above allegations to be void and other wise to remain in full force and effect. Signed Gershom Wiggins, Moses Westbrook, James Bright This is to certify in Lenoir County Court of Pleas and Quarter Sessions, among other thing contained as follows, pleas held before the worshipfull Lazarus Pearce, James Bright, Joseph Taylor Esq. and others of the brethren Justices of the County begin and held for County of at Courthouse in Kinston on 1st Monday in July year of our Lord 1799. Be it remembered that on 1st Monday in July 1798 at Kinston came John Doe by Edward Esq. his attorney and complains of Richard Roe in custody whereas Asahel Wiggins on 7th March 1798 in Lenoir County granted and sold to said John Doe a certain tract of land containing 262 acres in Lenoir lying on the North side of the Neuse River and on Falling Creek, beginning at a pine thence N.33 degrees W, 240 poles to a pine thence N 57 degrees E, 160 poles to V oak thence 5 33 degrees E, 300 poles to a hickory to beginning. To have and hold the said tenement with appurtenances to said John Doe and his assigns from 1st of March until full term of ten years to be completed and was thereof possessed until the said Richard Roe on 10 March 1798 with force and arms entered and expelled and removed the said John Doe. Notice: To Gershom Wiggins; I am informed that you are in possession or claim title to the premise mentioned in declaration or to some part thereof or claim title, I do advise and give notice appear on 1st Mon July next court, to cause yourself to be defendant, otherwise I shall suffer a judgement to be had against me and you will be turned out of possession. Your loving friend, Richard Roe On that same day 1St Monday July 1798 came William Goodman Esq. Sheriff and said he deliver to Gershom Wiggins a copy of above declaration and Gershom Wiggins came with attorney Thomas Badger Esq. and pleaded not guilty whereupon it was ordered that a jury be summoned, but was continued from court date to present of July 1799 when parties above and jury consisting of Elijah Byrd, Joshua Bryd, Leonard Loftin, David George, John Tuttle, Wondal Davis, Benjamin Coleman, John Partridge, John Wilson, Elisha Johnson, Willie Garner and John Harrell say the defendant Gershom Wiggins is guilty and assess six pounds damages and cost. The defendant dissatisfied with and entered an appeal to next superior court to be held for District of New Bern on 19th Sept. next, given under my hand and seal 16th Aug. 1799. J. Bright Copy of Court cost and expenses paid for evidence to John Worsham, Claret Wine, Lemuel Byrd and Sarah Coker. Laurens County South Carolina In obedience to an order of Court at Lenoir County in North Carolina the following deposition was taken: appeared before me, one of Justices of the County at the house of Zacheriah Bayly Esq., Elenor Donoho who said she knew George Wiggins who lived in NC at the place called Sloop Landing on Neuse River and that she knew John Wiggins to be son of above George Wiggins and Margaret his wife, and the same John Wiggins came to this state and she knew him to be same John Wiggins and he lived near her in this state and she was with his wife the night Asheal Wiggins was born and she knows him to be the same Asahel Wiggins that had lately given Hardy Croom a deed for conveyance of land and that she believes Asahel was 23 years old last Christmas to best of her remembrance, 16 Aug. 1798 Elenor Donoho by her mark before Davis JP Also in Laurens Co. SC same date, place etc comes John Philpot who says 23 years ago last December he himself was acquainted with John Wiggins and his wife Elizabeth Wiggins the Christmas Asahel Wiggins was born and he is considered son of John and Elizabeth Wiggins and he also says he saw Asahel Wiggins deliver to Hardy Croom an instrument of writing and acknowledged it to be a deed for a tract of land said Croom had purchased in NC said to have fallen to Asahel by the death of his father. (in 1777) 16 Aug 1798 John Philpot by his mark. From Lenoir Co. Court to John Blocker, Esq. we have appointed you to take a deposition case of Asahel Wiggins vs Gershom Wiggins from Martha Shockley concerning what she know about the controversy, in writing for court on 1st Mon Oct. next. Winston Caldwell clerk of Court at Kinston 2nd July 1798 William Caswell JP 14 July 1798 Edgefield County South Carolina, deposition taken by John Blocker at my own house of Martha Shockley "says she knew George Wiggins who lived at a place called Sloop Landing on Nuce River and she also knew that John Wiggins was the only male heir George Wiggins had and that she was acquainted with him on the Nuce and sometime after John Wiggins came to this state and was lawfully married to Elizabeth Arrington by whom he had but one child Asahel Wiggins, and that John enlisted in service of US and his wife received a letter about the year 1777 that John had died in Charleston while in service. 20th August 1798 Martha Shockley by her mark. Court cost dated July 1800 William Croom witness for Asahel Wiggins David Smith for Gershom Wiggins Hardee Croom or Gershom Wiggins: Hardy Coker charges 8 days attendance at court 2.1.2 Received of Gershom Wiggins full payment for my attendance and my wife also on the suit of Hardy Croom and Asahel Wiggins against Gershom Wiggins this 27th day of April 1801. Coker by his mark. Spencer Caldwell and John Hartsfield for Asheal Wiggins. **From the Grantor/Grantee Index as cited before from Asheal Wiggins to Hardy Croom page 268 book 17 1796-1798. **Note by R.Parks in defense of Gershom Wiggins.. In the will of his Uncle George Wiggins, made in Somerset County, NJ on 31 October 1749 and probated May 1750.. I leave to my brother John’s son Gershom the lower 70 acres of my grant in Johnston County, NC and the remaining 200 acres to my wife Margaret till son John becomes of age. NEW Bern DISTRICT CIVIL COURT RECORDS (NC Archives, Box 206.325.14) Abstracted by: Rose Parks Rt. l Box 119-B Avery, Texas 75554-9722 e-mail RParks5530@aol.com State of North Carolina Lenoir County Pleas held before ______Sheffield, Fredrick Jones, Walter Dunn, Benjamin Hartsfield, others of their brother Justice of Peace at Courthouse in Kinston 1st Monday of January in 1802. Be it remembered 1st Monday of January 1799 came Spencer Caldwell by Robert White his attorney and complained of Thomas Curtis, John Jones and Ellenor his wife and Gray Westbrook and Charlotte his wife, a plea of covenant broken to his damage of 500 pounds, and the aforesaid Thomas Curtis, John Jones and Ellenor his wife, Gray Westbrook and Charlotte his wife represented by William Blackledge their attorney comes and defends the forced injury and damages, saying they are in nothing guilty and pleads declaration to be filed at next term plea to be entered as of this term and Spencer Caldwell did likewise, therefore it is commanded of J.P. that a jury come before court to be held 1st Mon in April next, for a trial between said parties. It has been continued from date to date till Jan. 1802 when parties represented by their attorneys came before jury of Edward Byrd, Benjamin Griffin, Joel Hines, Aaron Ratcliff; Ezekiel Haley John Kouse? Caleb Hooten, Daniel Powell, John Diamond, William Tuttle, Joshua Byrd, and William Ervine find for the plaintiff on all pleas except on the plea of infancy of Mrs. Jones Mrs. Westbrook and awards the plaintiff damages of 303 pounds 15 shilling and that he recover from defendant. Defendant paying court cost. The plaintiff being dissatisfied prays an appeal to next Superior Court 15 July and entered into bond with Hardy Croom and William Tull, securities. Clerk of Court, G. Westbrook Court cost included paying expenses of witness's: Higotty Martin, Samuel Byrd, Leonard Loftin, Elizabeth Nicholson, Anne Quinney? Gershom Wiggins, this 8th day July 1803 G. Westbrook, Cle. ** From Dobbs Grantor/Grantee Index transcribed by Martha M. Marble for NCGS (Feb. 1996) Thomas Curtis sold to Margaret Wiggins between Jan. 1777 and April 1779 page 441 Reason for including Thomas Curtis in suit) By orders of a Commission from the Superior Court of Newbern District to take depositions in a certain matter, Robert Caldwell Admr. for Spencer Caldwell is plaintiff Thomas Curtis et al defendant. Deposition of John Full 1 Sept.1804 before William Croom and Benjamin Hartsfield that Thomas Curtis told him that they agreed (Ellenor and Charlotte) to sell the land at such a time and ask him (Full) to attend and cry for them, and Ellenor bid it and after, they appeared to let Spencer Caldwell have it, and after a time he agreed to take it, taking 50 pounds less than Ellenor bid and that previous to this he heard Peggy Wiggins say repeatedly that daughter Charlotte would be of age the ensuing summer and if Spencer Caldwell would take the land he could have bond and surety for her making the title as soon as she arrived of age. He believes this was done as he saw a bond to effect and says he never heard of a dispute about Ellenor's age. Deposition of Major Croom 1 Sept. 1804 at the dwelling house of John Bledsoe with Wm. Croom and Benj. Hartsfield present. "I have often heard Mrt. (Margaret) Wiggins the mother of Ellenor say that she was about my age and that she had often suckled him when she gave suck to Ellenor and agreeable to records of my age, I was born the 29th of Nov in year 1755." Deposition of Elizabeth Nicholson 4th of Oct at home of Jesse Cobb, Esq. at Kinston with Robert White and Benj. Hartsfield present" after the death of John Wiggins father of defendants Ellenor Jones and Charlotte Westbrook, the father of the deponent married Margaret Wiggins, mother of Ellenor and Charlotte, and there was a Bible in possession of said Margaret, the Family Bible of said John Wiggins and birth dates of children of John and Margaret Wiggins were written. She remembers perfectly that it said Ellenor Wiggins was born 18th December and has always known and understood during her long residence together, that Charlotte is younger than her sister." Deposition of Gershom Wiggins at home of Jesse Cobb. Esq. at Kinston 4th day Oct. ( given) with Robert White and Benj. Hartsfield present "I lived in the family of James Nicholson after he married my mother the widow of John Wiggins, who is father to the deponant, I have repeatedly seen the Bible alluded to by Elizabeth Nicholson and I swear the record of ages of my sisters is in the handwriting of my father, John Wiggins. I know Ellenor is older than Charlotte and that my father died 18 Dec. 1767. Deposition of Sarah Smith at house of Jesse Cobb, Esq with Robert White and Benj. Hartsfield present 4th Oct. "heard Mrs. Margaret Nicholson, mother of Ellenor Jones say that her daughter completed her 10th year of her age on the day that John Wiggins, her father, died. (Signed with her mark) Deposition of Mrs. Elizabeth Cobb sworn to at house of Jesse Cobb, Esq in Kinston on 4th Oct. 1802 with R. White and B. Hartsfield J.P.'s. present. "had conversation with Mrs. Margaret Nicholson the mother, I recommended the old 1ady remove from off the plantation where on she then lived as her situation was uncomfortable, their children had sold the land. The old lady replied that she had kept the plantation because after her death the land would belong to the children for that at the time Elleanor and Charlotte sold the land to Spencer Caldwell they were both under age. This declaration as to the infancy daughters at the time of executing said deed she had heard frequently from Mrs. Nicholson. Deposition of Samuel Byrd at dwelling of John Bledsoe 1 Sept 1804 between 2-3 PM, I was called upon to value a piece of land with Bryan Whitfield, Sr., Caldwell, Gray Westbrook and others in the county of Lenoir, and that the land was adjudged to be worth about $5.0o an acre, and as a surveyor I had been called to run out and lay off such part of the land of John Wiggins, deceased as had been given by will to Gershom Wiggins and Sarah Wiggins which he believes bears about one hundred and 10 or 20 acres or thereabouts. Deposition of Susanna Croom at the house of John Bledsoe on Saturday 1st Sept. in presence of Benj. Hartsfield and Wm. Croom, JP’s and Robert Caldwell and Gray Westbrook. Forty three years in November next I moved from the Tar River to the Neuse river near John Wiggins and I have lived in the neighborhood the greater part of time within a mile or two of John Wiggins, father of Charlotte and Elleanor and was intimate with them for years and often heard Ellenor and her mother Peggy Wiggins say that she was of the same age of my daughter Betsy who was born Nov. 1755 and always understood from Ellenor and her mother that Ellenor was born in the forepart of the same year which she thinks was the case from the size of Ellenor and her look and appearance." ==================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, material may be freely used by non-commercial entities, as long as this message remains on all copied material, AND permission is obtained from the contributor of the file. 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