Lenoir County, NC - James Parrott et al v. James Wood, 1852 #6407 JAMES M. PARROTT Exec of William C. Jones et al vs James Wood NC Supreme Court Case found at the NC Archives, Raleigh, NC Lenoir Co Dec 1852 Court of Equity Complaint of William C. Jones, Blaney Harper, and Jacob Parrott of Lenoir Co vs James Wood – about 1841 Isaac Croom Sr. departed this life intestate possessed of a large and valuable piece of land on the NS of the Neuse River adj John Sutton, James R. Croom, John Croom containing 3000 acres more or less and the parcel descended to the following as heirs – Catherine Wayne, Nancy the wife of William Herring, Penny the wife of William H. Haywood, Lydia the wife of William P. Moseley, Betsy the wife of David Jones, Mary the wife of Frederick R. Jones, William A. Croom and John L. Croom representing their deceased father Abraham Croom who was a brother of the sd intestate and entitled to one undivided fifth – they have now sold their interest to the defendant Caroline the wife of K. M. Moore, Darthula Croom, Henrietta Croom and Mary Croom representing Joshua Croom also a deceased brother and also entitled to one fifth of said lands – and has by them under a decree of the court been conveyed to and purchased by the defendant Mary Loftin a sister of the said intestate and Olive the wife of Joshua Byrd also a sister of the sd intestate each entitled to one fifth of the land, and David Jones, Frederick Jones, Jesse Jones, Elizabeth Jones, your orator William C. Jones, Martha Egbert and James Westbrook the children and grandchildren of Elizabeth Jones who was a sister to the said intestate and entitled to the remaining one fifth and whose interest has been sold to the said orator – said orator filed at the Court of Pleas and Quarter Sessions a petition for the partition of said land which was approved and 5 commissioners were appointed and Reuben Barrow was appointed surveyor – the following was the allotment Lot # 1 - to heirs of Mary Lofton Lot # 2 – to heirs of Abraham Croom Lot # 3 – to heirs of Joshua Croom Lot # 4 – to heirs of Elizabeth Jones Lot # 5 – to Olive Byrd and her husband The division line between Lots # 3 & 4 was a large white oak, a well known cliff on the river and the surveyor and commissioners understood this was the boundary and should go all the way to the river – at the time of the survey the division line was not run to the river – the defendants (Wood) purchased Lots # 2 & 3 and your orator purchased lot # 4 – Wood planted what he wanted on the land – your orator had another survey done and discovered a great mistake was made at the bluff on the river and would take away 150 acres from Lot # 4 – if the land had stayed in the hands of the heirs, the mistake would have probably long been corrected – when the mistake was learned your orator requested that the defendants look into the matter and make corrections which he refused to do – your orator requests that the court correct the matter Signed by F. B. Satterwaite, attorney NOTE: William C. Jones signed on 7 Oct 1847 that this information was correct END OF DOCUMENT Bill of Complaint of Elizabeth Jones, Agnes Jones, William Jones, James M. Harper – stated that on 7 Oct 1847 William C. Jones, Blaney Harper and Jacob Parrott exhibited their bill of complaint against James Wood – no decisions has yet been made and since the first complaint was made, the said William C. Jones has departed this life having made his last will and testament and he devised the contested tract to Elizabeth, Agnes, James and William Jones – they stated "that the suit and proceedings having become abated by the death of the said William C. Jones – written in above this – and Blaney Harper" – and they wish the matter to be settled END OF DOCUMENT Blaney Harper died the ---- day of January last with a will – (no date) – Harper in his will devised his interest to James M. Harper as his distributee END OF DOCUMENT Answer of James Wood – said it was true the land belonged to Isaac Croom and descended to his heirs and he purchased the Lot of Abraham Croom's heirs – at Spring Court in 1847 Leah D. Croom then an infant of tender age, K. M. Moore, Elizabeth Moore, Henrietta Croom and Mary Croom heirs of Joshua Croom filed with the court saying their allotment was only 376 acres – the land was sold at public auction to sd Defendant – as far as he knows the division was correct – he has spent a lot of money to improve the land and added to the value – to take any of his land away would have made him overpay for the original acres Signed James Wood END OF DOCUMENT A plat – not sure if the original Barrow platt – the sections are long and fairly narrow Heirs of Mary Loftin – 447 acres Heirs of Abram Croom – 375 acres Heirs of Joshua Croom – 376 acres Elizabeth Jones – 442 acres Olivia Byrd – 406 acres END OF DOCUMENT Summoned to testify Louis C. Desmond, Reuben Barrow, Jon Sutton (Bucklesberry), James M. Harper and James M. Parrott – 6 Jan 1848 Isaac Chestutt also to testify There is a small document that indicates Pirsey Jones was also a plf with James M. Parrott DEPOSITION OF REUBEN BARROW He stated the line on the platt was correct but the course of the line in the report was incorrect and the report course would not have been a fair division – stated it was at least 2 years after the line was run after the division was made – the line between Lots # 1 & 2 should also have been a little lower – thinks the Jones lot falls short 120 acres of what the Commissioners intended – the original intent was the dividing line should go to a well known bend in the river DEPOSITION OF JOHN SUTTON Had been one of the Commissioners - stated that two of the Commissioners are dec – William Gray and Henry Herring – the plf, Parrott, asked if he remembered going to his house with William Gray at the request of William Jones to discuss this matter – he was told that Jacob Parrott would be livid is this matter was not settled DEPOSITION OF LEWIS DESMOND He was also one of the Commissioners – assume the original land on the platt to be correct Called to testify on 8 March 1850 – James Warters, Joseph G. Herring, W. H. Croom and James Herring NOTE: on this document it indicates that Thos Uzzell and wife were also plf. ANOTHER DEPOSITION OF REUBEN BARROW Did not survey the entire tract as it was wet and difficult to survey through the swamp – the line was intended to strike the river at the bluff – I have since re-run the lines DEPOSITION OF JESSE NOBLE Also ran a survey line along with Reubin Barrow between Lots # 3 & 4 at the request of James M. Parrott – also ran the lines between Lots # 2,3,4 at the request of James Wood and by William C. Jones dec – acres fell short by 60 acres – there was a difference of 168 acres between the surveys – I understand the 268 acres now belongs to James Woods Another document indicates that Persis Jones later became Persis Hardee NOTE: Persis Arendell Parrott md first William C. Jones and 2nd Pinckney Hardee. Persis was the sister of the plf James M. Parrott and their sister, Charlotte md James M. Harper, son of Blaney Harper another plf. The Parrotts were children of Jacob Parrott mentioned in the case. James Wood appears to have purchased his portion in 1845 according to the deposition of Dempsey Wood Isaac Barwick was deposed – stated Wood had improved the land with the knowledge of Jacob Parrott – land in dispute is worth about $12 to $13 per acre – has rented some of the land in dispute – signed by mark Deposition of James P. Chestnut – no further information Deposition of John M. Aldridge – stated that Wood told him he had purchased 2 lots containing 800 acres but really had 1000 acres END OF CASE Additional information can be found in the John Heritage Bryan Collection at UNC – CH. Bryan appears to have been the attorney for one of the parties. In some cases this information assists the researcher in sorting the generations with the exception of possibility the Westbrooks. The John Heritage Bryan Collection, Southern Historical Collection, Wilson Library, UNC - Chapel Hill SERIES 3.2 1. Folder 709 - 1841 ? Mary Loftin Olive Byrd Joshua Byrd David Jones Elizabeth Jones Fred. M. Jones Jesse Jones Wm. C. Jones for the heirs of Margaret Westbook - out to the side and below Margaret's name are listed in ( ) with Westbrook written next to the ( ) James Martha Egbert NOTE: The way it is written indicates James, Martha, and Egbert were Westbrooks Wm C. Jones for self Will M. Croom John L. Croom Mary Jones Fred Jones E. J. Jones Catherine Wayne Nancy Herring Wm. Herring Lydia Moseley Wm P. Moseley Penelope Haywood Wm H. Haywood Caroline Moore K. M. Moore Mary A. Croom Henryetta Croom Dorthula Croom On the back - land lying in Lenoir on NS Neuse adj James R. Croom, Jno Sutton and others - 3000 acres or more (Isaac Croom dec) 2. Folder 710 State of North Carolina Lenoir County - July 4 1842 - To the worshipful the Court of Pleas and Quarter Session, July Term 1842. Your petitioners humbly showeth (?) that the estate of the late Isaac Croom dec is not in debt that the perishable property of the said decd has been sold & that the lands and negroes have been rented and hired for one year. Thus the Term for which they were rented will ?? expire about the last of Dec 1842. We the undersigned heirs at law of the aforesaid Isaac Croom dec humbly pray your worships to grant ?? a division to be made in the said estate that your partitioners may divide portion of said estate for which were will every pray Signed by Mary Loftin Wm H. Haywood in Right of my wife Penelope B. Haywood Wm C. Jones Elizabeth Jones 3. Series 3.2 Folder 710 Lenoir County - 9 June 1842 - To the Honorable the Judge & Justices of the County Court of Lenoir County, North Carolina. The undersigned hereby showeth that the Estate of Isaac Croom late of said County dec is not indebted that the perishable property belonging to said estate has been sold that the lands & negroes were rented & hired for one year that the term for which they were rented & hired will expire next month ?? ?? - that we the undersigned are heirs at law of the aforesaid estate that we cannot ?? why said estate should not be divided according to law at the exparation of said time for which said lands & negroes were rented & hired. That we therefore humbly petition you to paas ?? an order to that effect & that we your petitoners will and pray the court under our hands this 9th day of June 1842 Signed by K. M. Moore in right of his wife Elizabeth C. Moore & as administrator of the estate of Joshua Croom dec & Guardian for the other heirs of said Croom J. H. Byrd in right of his wife Names of Fred. Westbrook - Marthy Westbrook, James Westbrook, Frederick Westbrook Names of Joshua Crooms children - Elizabeth Caroline Moore, Darthula Croom, Henretta Croom, Mary Croom Isaac Croom J (?)r died leaving Pinkney Hardee adm - Mary Croom his mother - brother Abraham, Joshua both of whom died in lifetime of Isaac Croom - Abraham left Henry, John, Mary, Betsy, Catherine, Nancy, Lydia, Penny - now Mary married Fred Jones; Betsy married David ? Jones, Catherine married Barna Wayne who/dec ?? before Isaac Croom; Nancy married Wm. Herring, Lydia married Wm Palmer Moseley, Penny married Wm H. Haywood Joshua died in lifetime of Isaac Croom leaving Elizabeth C who married K. M. Moore, Darthula, Henrietta; Mary,. (It is unclear if this is a dot or comma behind Mary) Betsy a sister (who married & died in his lifetime) Jesse Jones Jr leaving David, Fred, Jesse, William, Peggy who married Fred Westbook & died since Isaac Croom Jr dec. Mary who md Ila Loftin - Loftin died before Croom & Olive who married Joshua Byrd both being a sister. END OF JOHN HERITAGE BRYAN NOTES In addition, Francis Hodges, sent the following abstract that he posted which appears on the surface to dispute the ownership chain of the 3000 acres that Isaac Croom owned. Nature of document: Indenture Date: 1 March 1844 Grantors: Heirs of Isaac Croom, decd., represented by Lewis C. Desmond, attorney Grantees: John C. Washington, Jesse Kennedy, James A. Hodges Location: "on the waters of Falling Creek and in Bucklesberry Pocosin" Extent: 3,000 acres In consideration of: 10,000 dollars Mentioned in description of bounds: Henry Herring; James R. Croom, decd.; John Croom; Dr. Abram Croom; Isaac Croom, decd.; William Gray; children of Isaac Wiggins; Reuben Barrow; Jesse Kennedy; Benjamin F. Parrott, decd.; Jacob Parrott; Jonathan Rouse, decd.; William I. Sutton Witnesses: Thomas S. Clark, William Brown ______________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Martha Mewborn Marble - 58marble@suddenlink.net ______________________________________________________________________