Rowan County NC - Court: Bruce vs. Welch USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. Submitted by: Bennie Altom BAltom@NovaOne.net ------------------------------------------------------------------------- WILLIAM BRUCE AND WRIGHT BRUCE VS WILLIAM WELCH Greenville County, South Carolina, Court of Common Please Box 81, No. 2152, Judgement Rolls [NOTE: GEORGE ALLEN, formerly of Fauquier Co VA; WILLIAM WELCH formerly of Fauquier Co Va; another witness called was EDMUND BOTSFORD, Pastor, Welch Neck Baptist Church, Darlington SC also formerly of Fauquier CoVa.] 10 Feb 1804 - Greenville County, SC Courthouse, WILLIAM BRUCE and WRIGHT BRUCE brought suit against WILLIAM WELCH for lose in the amount of Three Thousand Dollars for use of Negro CHLOE and her children: BEN, ROSE, VINY, and FANNY. [William and Wright Bruce and William Welch formerly of Darlington SC.] 3 Mar 1807 - Greenville County, SC Courthouse BRUCE vs WELCH William Welch personally came before me, Dept. Atty. D. T. Puckett, making oath that THOMAS ALLEN of Warren County, NC, is a material witness to support his defense in the above named case and that he cannot procure testimony of said THOMAS ALLEN only by commission sworn to before 3 March 1807. On motion of Mr. Puckett, Attorney for the defendant, ordered that a directive to any two Justices of the Peace in the said County of Warren NC take the examination of the said THOMAS ALLEN and certify the same to the next court to be held for Greenville District to be read into evidence in the above stated case. Signed, D.T. PUCKETT, Deft. Atty. 2 Jun 1807 State of North Carolina Rowan County To the Honorable Court of Greenville District in behalf of the defendant WILLIAM WELCH in the state of South Carolina. In behalf of the defendant in the above case, this day came before us WILLIS ELLIS and LAZARUS HEGE, two of the Justices of the Peace for said County after being qualified agreeable to law, relates the following words, to wit: Question 1: Are you acquainted with the plaintiff or defendant in this case? Answer: 1: I was acquainted with JESSE BRUCE and WILLIAM WELCH for they resided at my father's house for a considerable time. Question 2: Were you at any time present at the house of GEORGE ALLEN when the defendant WILLIAM WELCH and JESSE BRUCE contracted regarding a certain Negro girl named CHLOE and what time did the said contract take place? Answer 2: I was present when they contracted, it was in 1791 [Warren Co NC] and I believe in the month of August. Question 3: Did or did not the said WILLIAM WELCH contract and agree with the said JESSE BRUCE to take the said Negro girl, CHLOE, at the sum of one hundred dollars as his part or portion of the estate of BIBBY WELCH, late BIBBY BRUCE, a widow of CALEB BRUCE deceased, of whose estate [Darlington SC] the said JESSE BRUCE was administrator? Answer 3: He agreed with WILLIAM WELCH to take one hundred dollars for the said Negro girl CHLOE as a part of his wife's legacy of the said CALEB BRUCE's estate [Darlington, SC] and the said WILLIAM WELCH took a mare at twenty pound sterling, it was delivered in my presence of the said JESSE BRUCE as a legatee of the aforesaid estate. Question 4: Was or was not the said Negro girl present at the time of the contract aforesaid and did you not understand from both the then contracting parties that the Negro CHLOE was in the possession of a third person who claimed her as his property? Answer 4: I did understand that she was in the hands of one JOHN GROVES, and was not supposed would be obtained without a lawsuit. Question 5: Did or did you not understand from both JESSE BRUCE and WILLIAM WELCH that the reason why the Negro girl sold so low was that the person who was in possession of the said Negro wench CHLOE refused to give her up without a lawsuit? Answer 5: I did understand so. Question 6: Was or was not the said WILLIAM WELCH acknowledged as the lawful husband of the said BIBBY BRUCE the wife of CALEB BRUCE by the said JESSE BRUCE, the administrator of the said CALEB BRUCE (d.1790 Darlington SC) Answer 6: He was acknowledged the lawful husband of the said BIBBY BRUCE. Question 7: Do you know anything further that will be of service to the defendant? If you do, relate it as fully as if you were particularly interrogated thereto. Answer 7: I know nothing more only there was a receipt given for one hundred dollars and twenty pound sterling as part of his part of the estate received by WILLIAM WELCH from JESSE BRUCE. Signed: THOMAS ALLEN (Rowan County NC) SETTLEMENT 18 Nov 1807 State of South Carolina, Greenville District, WILLIAM BRUCE and WRIGHT BRUCE versus WILLIAM WELCH. Whereas by consent of William & Wright Bruce, plaintiff and William Welch, defendant, the Court of Common Please on the eighteenth day of November one thousand eight hundred and seven then sitting at Green Court House in and for the District of Greenville ordered that the above cause be retired to the arbitrament of JAMES HARRISON and NATHANIEL POWER with power of umpirage and the award under hand and seal to be the judgement of the court. In pursuance of the above rule of Court the said Arbitrary met and heard the claim of the plaintiffs and heard defense of the defendant and they did agree and do by these presents award and judge as follows; that is to say; pursuant to an order or rule of Greenville Court dated term one thousand eight hundred and seven to be directed we have duly and truthfully investigated the case heretofore referred awarding to the best of our skill and knowledge and that on the best evidence we had on said case we find the right and property to the Negro wench Chloe claimed by Wright and William Bruce now in possession of said William Welch is the property of said William Welch and that the suit now in court on the above case be dismissed at the plaintiffs cost. To which we each of us do hereunto set our hands and seals this eighteenth day of November 1807. Which said award was returned by the said JAMES HARRISON, one of the arbitrators of the Court of Common Pleas heard and held at Greenville Court House in and for the District of Greenville on the first Monday after the fourth Monday in March, one thousand eight hundred and eight to which said court the said case was transferred by an act of the General Assembly of the State and forwarded then and there the said award was made by consent of the said parties a judgement of said Court by order of said Court. Therefore it is considered that the said William Welch do recover against the said William and Wright Bruce the sum of Forty-eight dollars and fifty cents for his costs and charges by the said Court here adjudged to the said William Welch which said costs and charges in the whole amount to -----and the said William and Wright Bruce in mercy go forth. D.T. PUCKETT ' Defendant's Attorney Judgement Signed 14th January 1809. GEORGE W. EARLE, Clerk Transcribed September 1999 Bennie Lou Hook Altom, 9966 Galway Drive, Dallas, TX 75218-2821, Telephone; 214-327-9260, Email: Baltom@NovaOne.net