Lenoir County, NC - KILPATRICK vs ASKEW, 1831 ~~~~~~~~~~~~~~~~~~ 2185 BENDER TO USE OF KILPATRICK vs ASKEW - 1831 1831 Lenoir County 4th Monday in March 1831 – William Bender to the use of W. B. Kilpatrick vs John Askew Justices of the Peace were Moses Westbrook, Jonathan Rouse and James A. Edmondson William Bender’s attorney was George L. Attmore Askew was accused of trespass by William B. Kilpatrick to damages of $120 NOTE: There is little indication of what this case was really about; however, it was in the Docket Books which George Stephenson said usually indicated an estate record. It is known that William B. Kilpatrick married Sallie Baker daughter of Frederick and Louisa Gatlin Baker and the Baker’s other daughter, Elizabeth, married Thomas Campbell. There was a younger Frederick Baker who may have been a son. Frederick Baker died before 1808 when Louisa received her dower land. She then remarried William Moseley. It is possible this case was related to Frederick Baker’s estate. There were indications of at least other previous case that was involved but I could not find it. The jury was composed of Thomas G.?? Carman, Will. Sutton, Tho. Harvey, Guilford W. Houston, Isaac Chesnut, David Griffin, Joshua Nicker ??, John Rouse, Thomas Jones, John Walters, John Howard ??, Spencer Davenport – they found in favor of the plf to the damage of $80 - the def appealed The case was a action of the plf to sell certain property under execution levied on the property of William Bender consisting of horses, hogs, cattle, sheep, household and kitchen furniture – the Sheriff’s return levied on 2 horses, 10 head of hogs, 1 cart, some corn, bacon, 1 cow, 1 bed and furniture, household and kitchen furniture, farming utensils – all of these items were advertised for sale and then sold and the proceeds applied to the pft This is where it mentioned another case – James Tull to the use of John Askew vs William Bender, Frederick Baker and William B. Kilpatrick – James Tull was the guardian to the heirs of James Uzzell dec on 7 Oct 1825 and Wm. Bender, Frederick Baker and W. B. Kilpatrick signed An action of trespass was brought by the plf against the def for causing the Sheriff to sell certain property of the plf under execution – the case appears to be around a decision the Sheriff made to enforce a previous ejection that may not have been proper ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Martha Mewborn Marble ___________________________________________________________________