LENOIR COUNTY, NC - COURT - Wiggins vs. Wiggins, Westbrook, Bright. ====================================================================== 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. These 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. This file was contributed for use in the USGenWeb Archives by: Rose Parks <201ramp@dishmail.net> ======================================================================== NEW BERN (NC) DISTRICT SUPERIOR COURT CIVIL ACTION RECORDS (NC Archives, Box DSCR 206.325.10) Abstracted by: Rose Parks Rt.l Box 119-B Avery, Texas 75554-9722, 201ramp@dishmail.net Thanks to Roger Kammerer for finding this source. It has helped find many family connections. State of North Carolina Lenoir County Know ye by these presents that we Gershom Wiggins, Moses Westbrook and James Bright are held and firmly bound to Isahel Wiggins in sum of 100 pounds to be paid to Asahel Wiggins, his heirs etc. we bind ourselves this July AD 1799. A suit was brought by said Asahel Wiggins against Gershom Wiggins, judgement was against Gershom Wiggins, and being dissatisfied prayed an appeal to next court and if Gershom will duly prosecute the said appeal with effect and abide by the judgement and sentence of said court then the above allegations to be void and other wise to remain in flill force and effect. Signed Gershom Wiggins, Moses Westbrook, James Bright This is to certifv in Lenoir County Court of Pleas and Quarter Sessions, among other things is contained as follows, pleas held before the worshipfull Lazarus Pearce, James Bright, Joseph Taylor Esq. and others of the brethren Justices of the County begin and held for County of Lenoir at Courthouse in Kinston on 1st Monday in July year of our Lord 1799. Be it remembered that on 1st Monday in July 1798 at Kinston came John Doe by Edward Harris Esq. his attorney and complains of Richard Roe in custody whereas Asahel Wiggins on 7th March 1798 in Lenoir County granted and sold to said John Doe a certain tract of land containing 262 acres in Lcnoir lying on the North side of the Neuse River and on Falling Creek, beginning at a pine thence N.33 degrees W, 240 poles to a pine thence N 57 degrees E, 160 poles to white oak thence 5 33 degrees E, 300 poles to a hickory to beginning. To have and hold the said tenement with appurtenances to said John Doe and his assigns from 1st of March until full term often years to be completed and was thereof possessed until the said Richard Roe on 10 March 1798 with force and arms entered and expelled and removed the said John Doe. Notice: To Gershom Wiggins; I am informed that you are in possession or claim title to the premises mentioned in declaration or to some part thereof or claim title, I do advise and give notice to appear on 1st Mon July next court, to cause yourself to be defendant, otherwise I shall suffer a judgement to be had against me and you will be turned out of possession. Your loving friend, Richard Roe On that same day 1st Monday July 1798 came William Goodman Esq. Sheriff and said he did deliver to Gershom Wiggins a copy of above declaration and Gershom Wiggins came with his attorney Thomas Badger Esq. and pleaded not guilty whereupon it was ordered that a jury be summoned, but was continued from court date to present of July 1799 when parties above and jury consisting of Elijah Byrd, Joshua Bryd, Leonard Loftin, David George, John Tuttle, Wondal Davis, Benjamin Coleman, John Partridge, John Wilson, Elisha Johnson, Willie Garner and John Harrell say the defendant Gershom Wiggins is guilty and assess six pounds damages and cost. The defendant dissatisfied with and entered an appeal to next Superior Court to be held for District of New Bern on 19th Sept. next, given under my hand and seal 16th Aug. 1799 J. Bright Copy of court cost and expenses paid for evidence to John Worsham, Claret Wine, Lemuel Byrd and Sarah Coker. Laurens County South Carolina In obedience to an order of Court at Lenoir County in North Carolina the following deposition was taken: appeared before me, one of Justices of the County at the house of Zacheriah Bayly Esq. Elenor Donoho who said she knew George Wiggins who lived in NC at the place called Sloop Landing on Neuse River and that she knew John Wiggins to be son of above George Wiggins and Margaret his wife, and the same John Wiggins came to this state and she knew him to be the same John Wiggins and he lived near her in this state and she was with his wife the night Asahel Wiggins was born and she knows him to be the same Asahel Wiggins that had lately given Hardy Croom a deed for conveyance of land and that she believes Asahel was 23 years old last Christmas to best of her remembrance, 16 Aug. 1798 Elenor Donoho by her mark before John Davis 'P Also in Laurens Co. SC same date, place etc comes John Philpot who says 23 years ago last December he himself was acquainted with John Wiggins and his wife Elizabeth Wiggins and that the Christmas Asahel Wiggins was born and he is considered son of John and Elizabeth Wiggins and he also says he saw Asahel Wiggins deliver to Hardy Croom an instrument of writing and acknowledged it to be a deed for a tract of land said Croom had purchased in NC said to have fallen to Asahel by the death of his father. (in 1777) 16 Aug 1798 John Philpot by his mark. From Lenoir Co. Court to John Blocker, Esq. we have appointed you to take a deposition in the case of Asahel Wiggins vs Gershom Wiggins from Martha Shockley concerning what she may know about the controversy, in writing for court on 1st Mon Oct. next. Winston Caldwell clerk of Court at Kinston 2nd July 1798 William Caswell 'P 14 July 1798 Edgefield County South Carolina, deposition taken by John Blocker at my own house of Martha Shockley" says she knew George Wiggins who lived at a place called Sloop Landing on Nuce River and she also knew that John Wiggins was the only male heir George Wiggins had and that she was acquainted with him on the Nuce and sometime after John Wiggins came to this state and was lawfully married to Elizabeth Arrington by whom he had but one child Asahel Wiggins, and that John enlisted in service of US and his wife received a letter about the year 1777 that John had died in Charleston while in service. 20 th August 1798 Martha Shockley by her mark Court cost dated July 1800 William Croom witness for Asahel Wiggins David Smith for Gershom Wiggins Hardee Croom or Gershom Wiggins: Hardy Coker charges 8 days attendance at court 2.1.2 Received of Gershom Wiggins flill payment for my attendance and my wife also on the suit of Hardy Croom and Asahel Wiggins against Gershom Wiggins this 27th day of April 1801. Hardy Coker by his mark. Spencer Caldwell and John Hartsfield for Asahel Wiggins [**From the Grantor/Grantee Index as cited before (Feb. 1997) from Asahel Wiggins to Hardy Croom pg 268 Book 17 1796-1798] [** note by Rose Parks In defense of Gershom Wiggins... In the will of his Uncle George Wiggins, made in Somerset County NJ on 31 Oct 1749 and probated May 1750... I leave to my brother John's son Gershom the lower 70 acres of my grant in Johnston County NC and the remaining 200 acres to my wife Margaret till son John becomes of age.]