Lenoir County NcArchives Court.....Joel Loftin, Richard Jones V. 1822
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File contributed for use in USGenWeb Archives by:
Martha M. Marble http://www.genrecords.net/emailregistry/vols/00022.html#0005285 February 14, 2008, 6:14 pm

Source: Nc Archives
Written: 1822

#1030 – JONES vs LOFTIN

NC Supreme Court Case found at the NC Archives in Raleigh

1822 – Lenoir Co – Richard Jones vs Joel Loftin
Superior Court the Thurs after the 2nd Mon after the 4th Mon of Sept being the 
11 September 1821 – Richard Jones by his attorney John Stanley - plea of 
trespass to his damages of $500 – Joel Loftin's attorney was William Gaston – 
def requested a new trial and motion overruled – original trial found for the 
plf – securities for the def were 
William Croom and Joseph Loftin

Following witnesses were called – Abner Wetherington, John Williams, Saml. 
Abbott, William Croom, Richard Witherington, Lewis Bryan, Hannah Rountree, 
Thomas Abbott, David Griffin, John L. Phillips, Levi West

2 Negroes belonging to the plf were levied on by the Sheriff to satisfy sundry 
executions and had been taken into the possession of the Sheriff and 
advertised for sale. Some of the friends of the plf on the day of the sale 
tried to get a better price than would be brought at a cash sale – the 
creditors were willing to sell the property on credit – the sheriff preferred 
to sell them to the def for $400 on credit at 6 months - the Negroes were set 
up at public auction and bid off by the def for $230 but one of the creditors 
bid $220 and the plf wanted them bid up to $400 – the def said he was not 
obligated to pay $400 for them - the sheriff was negotiating with the def and 
some of the plf's friends were trying to get someone to run up the price – one 
witness said he heard the plf offer the sheriff $30 for his indulgence in 
running up the price which the sheriff denied

a few days after the sale the def brought the sheriff back the Negroes saying 
he had been cheated – sheriff refused to take them back and so did the plf 
originally the def said he needed to know something about the character of the 
Negroes and the sheriff referred him to Wm. Dunn who was dec before the trial –
after the sale, the def sold the Negroes to Abner Wetherington who was also 
bidding at the sale for $230 – one witness (not named) said he had known the 
Negroes 16 years ago while in the possession of the plf but had not seen them 
in the past 10 years and not at all for 7 years back – he stated the man Negro 
was always sickly and laid up about 2/3 of the time – the Negroes were about 
45 years old – the man was well disposed and would be worth $400 – the wench 
could be a good house wench but would work only when she pleased or was forced 
to – Abner Worthington said he would not be willing now to sell them for up to 
$250 and if buying them again would not pay more than $300 – the man was worth 
maybe $225 and the woman $100 – James Engram had often seen the Negroes before 
the day of their sale and was going to bid on them but looked at them before 
the bidding and found the man to be sickly the judge told the jury the plf was 
guilty of fraudulent misrepresentation but the jury found for the plf

File at: http://files.usgwarchives.net/nc/lenoir/court/joelloft417gwl.txt

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