Lenoir County, NC - Richard Jones vs Joel Loftin

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NC SUPREME COURT CASE #1030 – JONES vs LOFTIN – Found at the NC Archives. 
Submitted by Martha Mewborn Marble.

Richard Jones vs Joel Loftin – Lenoir County – Dec. 1829 Superior Court Oct 1820 
before George E. Badger. John Stanly was attorney for Richard Jones and William 
Gaston attorney for Joel Loftin
A Plea of Trespass in damage of $500

Continued to Term 1822 – jury was Robert Wooten, William Tilghman, Isaac Tull, 
Charles Westbrook, Isaac Walters, John Hardy, Major ?? Cox, Robert Witherington, 
William Croom, John Cox, John Williams and Lewis Whitfield – jury found in favor 
of the plaintiff and damages of $145 – defendant requested a new trial

Following Witnesses called but their depositions are not found in the case – 
Nathan G. Blount, Abner Wetherington, John Williams, Saml Abbott, William Croom, 
Rich. Witherington, Lewis Bryan, Hannah Rountree, Thomas Abbott, Davis Griffin, 
John Y. Phillips, Levi West

Two Negroes belonging to Richard Jones, the plaintiff, were levied on by the 
Sheriff to satisfy sundry executions and seized by the Sheriff and advertised for 
sale. On the day of the sale, friends of the plaintiff were anxious to make an 
arrangement for a better price than a cash sale.  The Creditors were willing that 
the property be sold on credit. The Sheriff arranged to sell the property to the 
defendant for $400 on 6 months credit – no arrangement was made as to how the 
title was to be made – the negroes were set up for public sale, some bidding took 
place then the bid of the defendant at the price of $230 was made and the bidding 
suspended and the Sheriff asked the defendant to up his price to $400 as agreed.

The question was how much the defendant was actually going to pay - $400 or $230.  
The Sheriff was accused of expecting $30 for his indulgence.

A few days later, the defendant brought the negroes back to the Sheriff saying he 
had been cheated and he wanted the Sheriff to take them back – the Sheriff refused 
as did the plaintiff – the Sheriff said everyone knew of the contract for the 
defendant to pay $400 regardless of the bidding.  The defendant admitted the 
negroes were worth $400 to $500 but he wanted to know of their character.

After receiving his Bill of Sale, the defendant sold the negroes to Abner 
Witherington for $230. Witherington said he would not pay more than $300 for them 
and would not sell them for more than $325 – the man was worth $225 and the 
woman $100.

One witness testified he knew the negroes 16 years ago but had not seen them in 
the last 10 years – the man was sickly and laid up about 2/3’s of the time – both 
negroes were about 45 years old – the man had a good disposition and was worth 
about $400 – the wench could be a good house wench but would work only when she 
pleased.

James Engram had often seen the negroes and said the man was sickly and he would 
not have the man under any circumstances.

Judge said the plaintiff was guilty of fraud and the jury found for the plaintiff 
for $145