Lenoir County, NC - THOMAS UZZELL vs JAMES WOOD

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NC SUPREME COURT CASE #5742 – THOMAS UZZELL vs JAMES WOOD – 
Lenoir County – Found at the NC Archives. See Wood Will, Wood Deeds on the 
Lenoir Co Archives, and the Wasden Will on the Wayne County Archives.

***Rose says Thomas and Mary Uzzell had a son Matthew C not a daughter Martha

Thomas Uzzell and Mary his wife
                  Vs
James Wood Adm of Jonas Wood, dec, James Wood, Dempsey Wood, William Warters 
and Avy his wife and Jesse Lassiter and Sally his wife

NOTE: This is an extremely long and difficult case and some of it is not clear. 
Duplication of the same information has been deleted. It has detailed movement 
of slaves and other slave information and African American researchers should 
consult the original case for additional information. The Wills of James Wood 
of Lenoir County and Jonathan Wasden of Wayne County plus a number of Lenoir 
Co deeds are attached to the case. 

THOMAS UZZELL COMPLAINT
Jonas Wood in June 1843 departed this life intestate leaving children and heirs: 
Mary his daughter who intermarried with your Orator, Thomas Uzzell of the County 
of Wayne, the defendants James Wood, Dempsey Wood, Avy who intermarried with 
defendant William Warters, and Sally who intermarried with the defendant Jesse 
Lassiter. The son, James Wood, obtained letters of Administration of a 
considerable estate – much more than needed to satisfy the funeral expenses and 
just debts. Jonas Wood was a man of weak mind, very limited education, illiterate 
and unable to write his name – his son James exercised such control over his 
father as to deprive him of any will of his own and the father was afraid of the 
son. After the death of the mother of Jonas’ children, Jonas married a 2nd time 
in his old age and his 2nd wife became an object of jealousy and hatred by James 
Wood for fear she might become entitled to a portion of Jonas’ estate. 

Jonas worked to turn his father against his new wife and talked him into executing 
a deed of gift bearing date 4 July 1836 – for love and affection, Jonas conveyed 
to James, Dempsey, Avy wife of William Warters and your Oratrix, Mary wife of 
Thomas Uzzell all his lands in Lenoir Co. and a number of negro slaves. After the 
gift, James boasted repeatedly of his influence over his father & stated “that my 
father was under my control and influence completely”. James went to Jesse 
Lassiter to upset the Deed of Gift to become null & void. Then he had Jonas give 
Lassiter 2 negroes and Lassiter worked on a way to do this. Lassiter discovered 
Jonas was indebted when he executed the deed and the creditor was John C. 
Washington. James & Dempsey Wood, Jesse Lassiter and William Warters wished to 
sell the sd property in bid low on it in order to get a good title. Defendants 
worked together for fraudent purposes – they sold off 30 negroes to Lassiter. 
Lassiter wished to return the negroes to Jonas & make different dispensation.

On 7 Feb 1838 a deed for $600 was made by Jonas to Jesse and WIT by James. 16 of 
the negroes were then sold to Jonas. Not one dime was given by Jonas who had no 
money or property as they believed because James had gotten all he had – nothing 
was applied toward the debt to John C. Washington – some deeds were made by James 
to Jonas for slaves and property which had been deeded by Jonas to his children.  
On 8 Feb 1838 James got Jonas to execute a deed for 4 slaves in the amount of 
$1000 and the sole WIT was Jesse Lassiter; also on 11 Jan 1842 Jonas executed a 
deed to convey property to Dempsey Wood, William Warters and Jesse Lassiter.

The plaintiffs wish everything to be set aside except the original Deed of Gift 
of which they are entitled to a part. Uzzell maketh oath to the above on 24 Jan 
1844.

ANSWER OF JAMES WOOD
Wood stated there were too many complaints to answer to. He was the Administrator 
of Jonas Wood, dec. He did take the estate into his possession but there was not 
enough to pay the debts. Stated his father was uneducated but shrewd in business 
– father did have confidence in him – stated his father married late in life & 
the marriage proved unfortunate – James did not like his stepmother but didn’t 
try to cut her out of the estate – Jonas died 21 July 1836 (sic) – he did execute 
a Deed of Gift to his children and several negroes were included but Jonas did 
this on his own. Jonas then became dissatisfied with the deed as he realize he 
was in debt – Jonas did ask Jesse for advice and Jesse did talk with John C. 
Washington regarding the debt – the sale at the Courthouse was legitimate and he 
did admit he and Jesse bought the property for $95 but it was a fair price – 
other people attended the sale & placed a bid including William F. King.

The debts of Jonas now paid by James, Dempsey and Warters. Jesse did convey to 
Jonas all the slaves he purchased at the Sheriff’s sale but James does not know 
why but thinks it was so Jonas could make other conveyances. James admits that 
Jonas on 8 Feb 1838 deeded to me, Dempsey, Warters, & Lassiter certain negroes 
& other property but there was no fraud. The estate has been used to pay off 
debts of father.

ANSWER OF JESSE LASSITER AND WIFE SALLY
They admitted that James had great control over the father – they married in 
June 1827 & Jonas gave Sally a portion of his estate – negroes Tony about 40, 
Cherry & her infant Farnifold about 1 month of age, Sarah a small girl about 6 
years of age – but Jonas never made any deed at the time. Since then Cherry has 
had issue Charity & Sylvia and Farnifold has died. Jesse purchased a tract of 
land of Thomas Lassiter and in part payment sold him the negro Tony with 
permission of Jonas. James Wood, the uncle of Sally, departed this life with a 
will and bequeathed to his niece, Sally, & her sister Eliza, negroes Osom and 
Bess to be divided equally after the death of their father. Eliza died in her 
father’s lifetime & he took possession of Isom & Bess – Bess then had a child 
Washington. After the deed dated 4 July, this defendant heard about it & she 
mentioned it to her brother James & he admitted it. Dempsey said he had seen the 
deed and Sally was not named. Sally confronted her father and he denied it 
saying she was provided for – she was given all the negroes in her possession & 
he added Washington. Sally did not believe it and went to the Courthouse to 
obtain a copy of the deed. She again informed her father of the content & he 
took it to his house in Greene Co. He cursed his son James for the fraud. James 
had taken the deed to Isaac Croom & had Henry Croom read it but Jonas was hard 
of hearing & confused. He had ordered a life estate in his own property & then 
Sally to have her negroes. Jesse advised making an equal distribution of Jonas’ 
property. He suggested filing to set aside the deed and Jonas agreed. Court said 
Jonas couldn’t do this because he owed money and Jonas was advised to sell the 
property & pay his creditors. Jesse could purchase the negroes and the title 
would be good – the sale was then made at the Courthouse and Jesse did pay $95 
for the negroes.

Jesse never agreed with James as he wanted everything divided equally. Jonas 
always treated Jesse and Sally kindly. After the debts of Jonas were paid by 
Jesse - $1600 to Washington – Jesse was left with $400. Jesse then deeded the 
negroes he had bought to Jonas. Jesse denied that Jonas ever deeded the negroes 
to him.

Jesse agreed to hire out the negroes – James, Lewis and John for $200 for one 
year. (A squabble then ensued over the hiring and is covered in the case).

Jesse stated all the children agreed to have Jonas divide the estate equally 
and the children would pay off the rest of the debts & equally support their 
father for the rest of his life.
NOTE: His answer is rather lengthy and much of it is a repeat

ANSWER OF WILLIAM WARTERS
NOTE: Most of what he said was a repeat of what Jesse said. 
He did state that Jonas gave William 5 negroes by bona fide sale & Warters 
paid $657 for them – Warters did not list the negroes.

ANSWER OF DEMPSEY WOOD
NOTE: Most of what he said was a repeat
Stated he did not believe that James abused the confidence of the father – he 
really didn’t know much and wasn’t involved.

NOTE: At this point in the case were several amended statements – some of the 
information was a repeat and some new.

AMENDED STATEMENT OF THOMAS UZZELL

Uzzell now thinks Jonas did issue the original deed but thinks that Jonas was 
not pleased with the marriage of daughter Mary and thinks the reason for 
overturning the original deed was to cut Mary out.
Stated that the original deed made on 4 July 1836 and divided his estate among 
his children Mary, Avy, Dempsey and James as follows – to James negroes – June, 
Lewis, Isaac and Ester; to Dempsey negroes – Henry, John Aleck and Rachel; each 
of his sons received ½ of a tact of land in Lenoir Co; to daughter Mary and Avy 
to equally be divided – ½ of negroes – Bess, Washington and Isham (Jesse Lassiter 
in right of his wife Sally being the owner of the other half of said negroes – 
also negroes Joe, George, Peter, Nancy, Mary, Penny, Sylvia, Sarah, Emanuel; to 
daughter Avy alone slave Bryan; to all four of his children negroes – Ben, Onah, 
Sarah & her children – at the death of Sarah Axam (the sd Sarah being alive & 
entitled to sd slaves for her life) – sd Deed was WIT by Wm. H. Croom & I. Croom, 
proved and registered – original Deed has been lost or destroyed by the defendants 
but there is a certified copy.

At the time of the Deed the daughter Mary lived with her father and any property 
she would receive would be held by her father. On 4 July 1836 said Mary still 
under 21 years of age and then married your Orator.

Uzzell said Jesse bought the negroes – June, Lewis, Isaac, Esther, Henry, John, 
Rachel, Joe, George, Nancy, Peter, Mary, Penny, Sarah, Emanuel, Bryant, Bess, 
Isom & a child of Rachels named William (born 4 July 1836) – at the sale at the 
Courthouse. These were all the slaves except Washington, Silvey & Silvey’s 
children. Jesse bought all except Isaac who was conveyed to James Wood. Jonas 
conveyed to Sarah & Jesse for $1.00 & love the slave Silvia & her children and 
Washington whom he had before given to Mary and Avy but this deed has never been 
recorded. Jonas owned other slaves at the time of the July 1836 deed – he owned 
½ of 10 or 11 slaves which Warden had bequeathed to Jonas’ wife in 1795 to come 
to Jonas’ possession at the death of Mrs. Warden who was an old woman in 1836 & 
likely to die soon. Uzzell stated he thinks that Jonas satisfield his debts to 
J. C. Washington with his own money; he stated that by a deed of 8 Feb 1838, 
Jonas conveyed to James a part of slaves – June, Esther, Lewis, and Nancy – all 
he had conveyed to James in the original deed except for Nancy who was originally 
deeded to Mary; Jonas conveyed to Dempsey negroes – Henry, John, Rachel and her 
child and George being the same as in the original deed except for George who was 
to be Mary’s share; Jonas conveyed to Wm. Warters for a portion of negroes – 
Bryant, Emanuel, Joe, Mary, Penny – all in original deed except Bryant who was 
Avy’s share. Uzzell was not sure where Peter the child of Mary was in the new 
lots & not sure about Bess & Isham; stated there was another Peter born before 
4 July 1835 but he died.

Orator admits the slave Nancy was in his possession & she was given to Mary & 
Avy as tenants in common – Nancy & her child who was born since 4 July 1836. 
Stated that James still has slaves of Jonas in his possession – some with 
increase – and some had been sold; James had some slaves who belonged to J. 
Warden in 1795 & then to his widow, Sarah Warden and some of these slaves had 
been left to Avy – 5 of them worth $3500.

Your Orator’s wife, Mary, died in 1850 in Lenoir Co and her estate can’t be 
settled.

AMENDED ANSWER OF WARTERS – Fall Term 1853
Has negroes in his possession – Silvey age 10, Henry age 8, Sarah age 7, Prisey 
age 5, Needham age 4, Margaret age 3, Mary age 5 months, Haywood age 3 months

AMENDED ANSWER OF JAMES WOOD
John Warden’s daughter, Avy, was the wife of Jonas; another slave from Warden 
to Avy after the death of Sarah Axum; slaves divided orally; slaves Ben, Onah, 
Sarah & her children in possession of Avy Wood but after the death of Sarah Axum, 
the other legatees of John Warden petitioned for distribution. In the distribution 
Avy only got Onah; stated that Sally was the oldest daughter of Jonas; stated that 
Sylvia was the child of Cherry and not the same Sylvia as in the original deed; 
stated that Jonas owed him more than $2000 and he owed Dempsey more than $1000.

ESTATE OF MARY UZZELL
Mary Uzzell had children David? M., Winifred, Thomas W. & Martha Uzzell. Her 
estate was probated in Wayne County
Bill of Complaint of Thomas Uzzell – D. M., Winifred, Thomas W. & Martha Uzzell 
infants by their father Thomas Uzzell 
NOTE: rehash of the Wood case to point out why Mary’s estate can’t be settled. 
Further notes – Rose Parks states Thomas and Mary did not have a daughter, 
Martha; however, they had a son Matthew C. said to have died during the Civil War. 
The son D. M.’s name was Major Dunn. Both Matthew and Dunn were in the household 
of Thomas Uzzell in 1850 and 1860 in Wayne County.

Wayne County – 10 May 1845 – Jesse Lassiter, Thomas Uzzell, Dempsey Wood are 
bound to James Wood, Adm of Avy Wood for $3,000 – condition – Superior Court of 
Greene Co by Jonas Wood against James B. Pridgen & John Pridgen (no further 
information)

Wayne County – committee to appoint to divide the negroes left to Sarah Sherrad 
and Avy Wood by Will of Jonathan Wasden – negroes – Ben, Harry, Judith, Tryon, 
John Wright, Aarah, Rachel, Joe and Isaac – worth $3,150
Lot #1 went to the heirs of Avy Wood viz - James Wood received Wright worth $500; 
Jesse Lassiter received Anaf worth $325; Thomas Uzzell received Rachel worth $325; 
Dempsey Wood received Joe worth $250; Wm Warters received Isaac worth $175
Lot #2 went to the heirs of Sarah Sherrod – Ben worth $500, Harry worth $425, 
Judith worth $300, Tryon worth $225, and John worth $125

The other slave was Parishner, an old woman who was put up for bid; William Smith 
was the Adm of Sarah Sherrod who was married to Henry Sherrod; in the lifetime of 
the widow of Jonathan Wasden the negro Ephraim was sold for $500.

DEPOSITIONS
1. Thomas Warters – heard James Wood demand of Thomas Uzzell a negro
2. James Uzzell - Jonas owned about 540 acres; Dempsey has 9 negroes and James 
has 4 negroes
3. William Warters – has 5 negroes; said Jonas stated he was unhappy with his 
daughter Mary’s choice of husbands and Mary would get none of his estate
4. Hardy Sutton – nothing new
5. R. W. King – Jonas owned money in 1837; he owned a tract of land NS Neuse River 
in Bucklesberry; sold negores on 4 Dec 1837 – Sarah, girl Penny, boy Jack, boy 
Ginger ?, girl Nancy, girl Mary, boy Peter, boy Manuel, boy Henry, boy John, boy 
Bryan, woman Rachel, child William, woman June, boy Lewis, woman Esther, old 
man Isham, old woman Bess – two other negroes sold later – one was Washington; 
land was also sold
6. John Grant – Oct 1841 – he lived with Jesse Lassiter and said he heard Jonas 
say he wanted Mary to have her fair share; Jonas called his son James a “dam 
scandral”
7. Frank Bentow, John Barrow, William Fields, John C. Washington, Richard Waters, 
Austin Davis, Isaac R. Chestnut, John C. Broadhurst, Needham White, Joshua Uzzell, 
John M. Uzzell, Robert Davis, Gray R. Pridgen, James Uzzell, Sally (x) Woodward – 
nothing new
8. Reubin Wallace – he and Nathan Hooker had a business in Snow Hill & in 1838, 39, 
40, 41, 42 – Jonas had an account & $102.05 was pd by Dempsey
9. Henry H. Harper – stated his father was Charles Harper who held a note on Jonas 
for $109.59 for articles purchased from Charles’ store – note was pd by William 
Warters along with other notes
10. William E. Hardee – held a note for $65.65 on Jonas pd by James Wood
11. Joshua Rouse – held a note against Jonas and it pd by James Wood
12. Allen Davis – was at the house of Dempsey on day of his marriage – Jonas was 
not happy with Dempsey’s marriage; said Jonas did not intend to give Thomas Uzzell 
anything
13. Kinchen Grant – was acquainted with John Grant & would not believe him as he 
can be bribed 
14. James B. Chestnut – said James & Dempsey owned land together and James sold 
his share to Dempsey
15. James (x) Elmore – could not believe John Grant
16. Hardy Sutton – Jonas borrowed $25 from Thomas Sutton and James pd the note
17. Henry Sasser – known John Grant for 25 to 30 years and would believe him – 
Grant lived on Sasser’s land
18. James B. Pridgen – had known Jonas for 10 years and his mind was impaired in 
his old age; Jonas had borrowed $100 from him and the note pd by James
19. Needham Waters – known John Grant for 10 years and would believe him but when 
he was under the influence he would tell lies
20. John Wooten – knows John Grant and would believe him
21. Moses Waters – meet Jonas on a public road on Waters property and said Jonas 
told him that James had run him into debt for over $1000
22. James R. Parker – would believe John Grant
23. Robert W. Best – known plaintiff for 25 years and would believe him
24. Jacob Herring – would believe Grant
25. George Dayly – hired negro girl Nancy from Jonas
26. Dennis Daly – wrote several of the deeds
27. Henry Croom – in 1836 he lived with his uncle Isaac Croom & Jonas had Isaac 
write the original Deed of Gift
28. Several people deposed regarding Robert and Allen Davis – Robert Davis worked 
for James Wood
29. Several people deposed they did or did not believe James Chestnut in Wayne Co
30. Hester (X) Stephens – Mary the negro in possession of William Waters had 
children maybe Silay, Margaret, don’t know the rest
31. William Smith – hired negro man Washington
32. Needham Loftin (sic) – hired negro man Manuel
33. Jesse White – brother to Needham White – Needham White dec by 10 Nov 1854 – 
they hired Washington & Manuel in 1836 – William White was another brother – 
their father who was not named died in 1838
34. George Daly hired girl Nancy in 1839

NOTE: There are a number of Statement of Accounts on several of the negroes which 
time did not allow to be abstracted. These are towards the end of the file.

REPORT OF COMMISSIONER
To the NC Supreme Court December Term 1854
All parties called to Bear Creek Church and to bring vouchers for negroes. 
Commissioner took the annexed account and finds:
Deft Jesse Lassiter after allowing all just credits the sum of $1955.54
Deft Wm. Warters after allowing all just credits the sum of $2132.47
Deft James Wood after allowing all just credits the sum of $1237.23
From estate of Jonas Wood dec after allowing all just credits the sum of $167.78
Plff after allowing all just credits the sum of $486.65
Deft Dempsey Wood after allowing all just credits the sum of $26.82

Commissioner reports that the plaintiff and the deft William Warters are required 
to pay only one half of the said expenses of the care of negroes Isham & Bess -–
1/2 amounts to sum of $155.99; deft Dempsey would be indebted to the other deft 
after allowing all his just credits in the sum of $139.27 which was added to his 
sum.
Following division of slaves between plaintiff Thomas Uzzell and deft William 
Warters
Lot #1 to William Warters
Ive aged 22 years valued at $900
Sarah aged 37 years valued at $450
May aged 28 valued at $600
Henry aged 9 valued at $800
Little Sarah aged 8 valued at $400
Prisey aged 7 valued at 350
Needham aged 6 valued at $300
Margaret aged 5 valued at $300
Mary aged 1 ½ valued at $100
Rachel aged 6 months valued at $75
  Total $3975

Lot #2 to Thomas Uzzell
Manuel aged 43 years valued at $700
Nancy aged 25 years valued at $700
Silvy aged 11 years valued at $625
Haywood aged 5 years valued at $350
Mary aged 6 valued at $450
Cherry aged 3 years valued at $250
George aged 21 valued at $900
   Total $3975.00

Commissioner reports that negroes Peter, Penny and Silvy are dead. Negro Isham is 
dead and negro woman Bess is too old to be sold but William Warters, Jesse Lassiter 
and Thomas Uzzele will support her. The day the boy Washington was to be delivered 
to Jesse Lassiter, he ran away and has not been found.
The Commissioner rejected several exceptions made by Jesse Lassiter.

Signed C. Wooten, Commissioner

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