Lenoir County NcArchives Court.....William Benton, Charles Byrd V. 1828
************************************************
Copyright.  All rights reserved.
http://www.usgwarchives.net/copyright.htm
http://www.usgwarchives.net/nc/ncfiles.htm
************************************************

File contributed for use in USGenWeb Archives by:
Martha M. Marble http://www.genrecords.net/emailregistry/vols/00022.html#0005285 February 14, 2008, 6:06 pm

Source: Nc Archives
Written: 1828

#1613 – BYRD vs BENTON

NC Supreme Court Case found at the NC Archives in Raleigh

Superior Court of Lenoir Co. 3rd Mon after the 4th Mon of Sept 1828 – plea of 
trespass – Charles Byrd vs William Benton

On jury – Benjamin Canady, Zachariah Barwick, Isaac Barwick, John W. Ballard, 
Lewis Harrell, Simon Parrott, Danl. Daugherty Jr., Jesse Jackson, Malichi 
Fields, Jonah C. Richards, Jesse Lassiter, Wil. B. Kilpatrick – found in favor 
of plf and damages of $70

Another trial April term 1826 – Thomas Hodges, Job Leary, James Davis, Simpson 
Harper, Zachariah Davis, Daniel L. Wood, Francis Nunn, John M. Parrott, Isaac 
Hardy, Joshua Jackson Fred. J. Becton, Thomas Jones – also found in favor of 
the plf in the amount of $69.90

This case was to recover damages for the conversional (sic) of a certain mare –
the plf received from his father, Lemuel Byrd who was competent and stated 
that in 1821 he bought the mare for his son Josiah Byrd and kept him in his 
possession until the spring of 1823 when he lent her to his son Josiah who in 
August following transferred her by bill of sale  to the plf for the purpose 
of indemnifying him as the security of sd Josiah in a certain lawsuit which he 
was about to command. The witness (not named) hearing of the transaction 
informed the plf that the mare was his property and not that of Josiah. A 
contract was then entered into between sd Lemuel and sd Charles the plf by 
which the former sold to the latter the mare now in dispute and after then the 
plf hired the mare to his brother Josiah and he then sold her to the def in 
1824.  The def offered up a bill of sale from one Dawson dated in March 1824. 
He then called a witness who said he saw sd Josiah deliver the animal to sd 
Dawson the last of April 1823. Dawson then to sell the mare and pay the 
balance he owed to sd Josiah and when this happened the sd Lemuel Byrd was 
present and did not object. Def then showed a judgment against Josiah Byrd and 
Dawson and proved Dawson pd it on the 25 April 1824 – another witness said he 
was sent by Lemuel Byrd to witness the delivery of this mare and another horse 
to Charles the plf by Josiah – the def showed that Josiah was dead and offered 
to read his deposition in evidence which the court rejected

NOTE: There was no indication of the first name of "Dawson"


File at: http://files.usgwarchives.net/nc/lenoir/court/williamb414gwl.txt

This file has been created by a form at http://www.genrecords.org/ncfiles/

File size: 3.0 Kb