Lenoir County, NC - Documents/Collections File contributed for use in USGenWeb Archives by Frances R. Hodges Lenoir County Civil Action Suits 059.325.1 1879 NC Archives William HERRING vs. Elizabeth PARROTT & N. D. PARROTT This document consists of twenty-four pages, largely of depositions taken in a suit involving a land dispute. The document is not dated, but the file in which it is found is dated 1879. It is a continuation of a suit begun between William HERRING and Jacob PARROTT (d. 1856), which is referred to in the latter's will. Much of the document deals with attempts to locate and to verify landmarks, such as stumps and trees, that had been used to establish earlier metes and bounds and that had disappeared or been altered by the time this document was drawn-up, or to question when a fence had been built, and whether it was an accurate boundary. Pltff's Evidence The following documents were submitted to offer evidence of boundaries. Boundaries of grant to Moses RATLIFF - objected Deed from CROOM to WESTBROOK - June 3, 1806 -admitted Moses RATLIFF to John RATLIFF - January 2, 1771 Deed from RATLIFF to John RATLIFF- copy of deed - objected, then admitted John RATLIFF to CROOM- 1775 - defendant objects - withdrawn CROOM to Moses WESTBROOK - Nov 10, 178? - objection overruled Charles WESTBROOK to Wm. HERRING - April 6, 1839 ******************************************* S. B. WEST (surveyor) Deed from Moses to John RATLIFF'S- excluded - boundaries incomplete Deed from WESTBROOK to HERRING - some boundaries matched RATLIFF'S line; others did not. CROOM to WESTBROOK - survey did not match exactly The surveyor endeavored to find corner of RATLIFF patent. He then calculated the extent of the land from this patent, and not from the deeds. HERRING, who claimed possession of the land, pointed out some landmarks (KENNEDY land, corner between WESTBROOK and ARENDELL). Jesse WIGGINS and KENNEDY pointed out other landmarks (RATLIFF corner, pine stump, pine on Hog Pen Island, CROOM corner). HERRING claimed to have been in possession of this land since the date of his deed (1839), before which WESTBROOK was in possession. Suit was begun in 1854, and PARROT died in 1856. Feb. 1867 - Fence parallel with his claim; marked trees where fence is now. Saw line run by Benajah HERRING before the war. There was no fence there then. Never had any conversation with PARROT. Land has been in PARROT'S since 1867. Line from pine to RATLIFF. HERRING claims land. Fence goes to ditch; it had been there since 1843. When land was surveyed by HERRING before the war, it did not run fifty feet south of claim. PARROTS and ARENDELL have assessed their tracts in under fifty years. James PARROTT died several years ago. Jacob PARROT father of James died in 1856. Wm. I. HERRING Was shown white oak by John B. KENNEDY in 1854 or 1855. He said it was an established corner. Does not know between whom. Should be the RATLIFFS, but not positive whether it was Moses RATLIFF or his sons. Old poplar stump beside white oak believed that to be same stump (mentioned in earlier deed). Did not go to Walter KENNEDY corner that day. Mentions Hardy CROOM corner. Deponent claims that he is 45 years old, and that his father has been on the WESTBROOK land ever since he can remember. Says a long time ago a fence extended from bounds of RATLIFF grant to corner of poplar. PARROTT cultivating it; land was cleared before the war, but he doesn't know for how long. Knows nothing of Jacob PARROT corner. Says that he is son of the plaintiff, and that the white oak appeared to be a corner, as it was cut into, although he does not know when it was cut. Geo. HERRING - James M. PARROTT said his pine was corner of RATLIFF line. Stuck stick in it. Deed - Richard CROOM to Jacob PARROT - Dec., 1834 Richard CROOM and wife to Jacob PARROT - Oct., 1834 Richard CROOM to WESTBROOK - June, 1834 ? to Sarah E. WATERS - June 22, 1869 WATERS to J. M. PARROT - June 23, 1869 Wm. ARTHUR County surveyor for seven or eight years. Surveyed using patent-once at 48 degrees and once at 50 degrees from corner. First missed the white oak claimed by HERRING. Found mark five inches deep in oak, or corner side. Found old roots, but does not know if they were poplar roots. Oak marked by axe or hatchet. Ran with ditch to RATLIFFE line. No dispute along the ditch. Ran several other lines to check how they matched with the various deeds. A. D. PARROTT Deposition involving the deed from COX to WATERS and WATERS to PARROTT. Says he was acquainted with the lines and boundary. Followed marked trees along he fence. Then from ditch to a poplar stump he saw marked trees. This was three years ago Jesse PARROT 61(?) years old. Says fence was acceptable boundary. Says HERRING told him this when he lived there five years ago. Said the told him "because he wanted the fence." Charles HOLLAND 58 years old. Saw land ass from Richard CROOM to WESTBROOK. Chainbearer. Benaja HERRING surveyor, John B. KENNEDY, chainbearer. HERRING was there. Found marked tree along the line. Saw no marked tree. Says there was a fence coming over from road. Say marked tree was the line with the fence "a great while before the war broke out." 1867 - HERRING said fence must be done up. Benaja HERRING established poplar corner. He is dead. Saw this place in 1867. Tended the land where stump is to the end of the corn row. Showed place to Wm. PARRISH. Stuck a stick there. Says, however, that he was not there when ARTHUR surveyed, and he can not say that ARTHUR is mistaken. However, he says that the poplar stump was in Wm. HERRING'S field. Stephen MOORE - overseer for Jacob PARROTT before the war. Said poplar stump was the corner of the field. Went there last fall and found nothing. Saw place in field HOLLAND mentioned. Geo. PARROT - Says HOLLAND'S line came a short distance from where HOLLAND said it was. ********************************************************* Major BACHALOR - Remembers conversation with HERRING in 1867 or 1868. He was clearing land inside the fence. He said he would not have the wood removed from his land. Said nothing more about the land. He told me about getting over the line at a different time. Albert PARROT - Said he did not know that the pine was in the RATCLIFF line. ASKEW - First saw fence in 1857. It was put the4re in 1857. Wm. PARROTT was not there. Thinks the fence is in the same place. He was there last fall. There were new rails. Elizabeth PARROT - belonged to James PARROT. Says fence was on ditch in 46. Told WEST that pine stump was in his line, between HERRING and PARROT on RATCLIFF'S line. Levi BARWICK - heard HERRING say where WEST started, at Hog Pen Island. Told WEST not to go ay farther than the Holly Corner to stop. Claimed fence was his. ******************************************************* HERRING - agreed with HOLLAND about double fence. Says when dispute began between him and Parrot in 1852 there was no fence. Fence was put there in 1867. Dow not remember any conversation with ASKEW. Says fence was there when he disputed with Jesse PARROT. HERRING kept it up. Saw Elijah PARROT build fence and would not let him run off his white oak line. Did not show ARTHUR the beginning of the CROOM land. Never told Jesse about putting up fence. Told Elijah he had best do it right. No fence there before the war. No fence when the old man died. Says George HERRING knew land in dispute. __________________________________________________________________________ USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. The electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. __________________________________________________________________________