Lenoir County, NC - HEATH vs COBB, 1826 ~~~~~~~~~~~~~~~~~~ NC SUPREME COURT CASE #1558 – HEATH vs COBB – Lenoir County 1826. Found at the NC Archives. Submitted by Martha Mewborn Marble. Complaint of John Heath – in August 1825 John Cobb of Lenoir County falsely alleged that John Heath had been guilty of stealing cotton from Cobb – Heath was arrested and put in jail – Heath was old, informed and poor and because Cobb was of such great weath and influence Heath could not get security and had to stay in prison from 10 August 1825 until the Oct Term – Cobb wanted Heath to admit to a judgement of $150 but he would not enforce the judgement if Heath suffered corporal punishment by reason of his prosecution – Heath agreed to this proposal – Heath stated he never owed Cobb anything before or since. The Grand Jury did not return a true bill against Heath therefore the accusation was fraud. The agent for Cobb was N. G. Blount and Blount took out an execution but he was not to enforce it for 12 months. The 12 months has expired and Heath says Cobb is taking out another execution on him contrary to equity – Heath wants Cobb stopped.John Heath signed the complaint by mark Answer of John Cobb – in August 1825, Cobb was confined to bed by a severe and dangerous illness – a bale of cotton was stolen at night from his storehouse, then the storehouse was set on fire and consumed with 2 other bales of cotton in it. Cobb’s friends investigated and were certain Heath was guilty and the cotton was trailed to his house then taken to New Bern and sold. One of the Negro thieves was taken up and punished and Heath was arrested – Cobb also thinks Heath was guilty of arson – Cobb also wanted damages for personal injury but was told it was dangerous. Cobb wanted $250 from Heath and he would stop the prosecution but they came to an agreed amount of $150 through Blount Coleman and Nathan G. Blount. Cobb denies ever saying he would not stop the judgement although he did admit the Grand Jury did not return a bill but he does not know the reason other than they wanted definite proof. Sept 1826 – Lenoir County – To Joseph Loftin, Sheriff – you are not to sell a parcel of land owned by John Heath of 150 acres now under execution in favor of John Cobb and advertised for Dec at public sale – signed Abner Pearce, CME Sept 1826 – To John Cobb – you forebear from satisfying an execution against John Heath in your favour of $150 out of the lands of John Heath now under execution to be sold 15 Nov 1826 – State of NC Lenoir Co – John (x) Heath and Henry Heath bound to John Cobb for 250 pounds March 1831 – John Cobb brought a Bill of Complaint against Heath DEPOSITIONS 1. 5 Jan 1820 – Mr. Blount came to the prison where I was and proposed to Mr. Heath to make up for a certain sum – Blount came a 2nd time and told Heath he hated to see him take a whipping for $20.00 – Stephens admitted to being drunk about that time but sober that day 2. Frederick Jones, Esq – I was at work near Mr. Blounts – Mr. Daniel Daughety came up and said Heath wanted to compromise – Henry Heath was the surety for John Heath 3. David George testified that Henry Heath had inadequate resources to be surety 4. Blount Coleman – the Negro who helped John Heath was named Dick – evidence against Heath was a sign of sawdust and cotton in the bushes on the path, a cart going to Heath’s house and that Heath had sold a bale of cotton in New Bern right after the incident John Heath said he bought the bale of cotton and Isham Jackson backed him up. ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Martha Mewborn Marble ___________________________________________________________________