Wayne County, NC - Bynum v. Thompson, 1843 ~~~~~~~~~~ #3131 –BYNUM vs THOMPSON –Wayne Co NC Supreme Court Case found at the NC Archives, Raleigh, NC NOTE: The name Thompson was spelled in various ways Superior Court Clerk –22 May 1843 Wayne Co Court on the first Monday after the fourth Monday in Oct 1839 –Benjamin Bynum by his attorney Louis D. Henry and W. H. Washington –on 2 writs –Sheriff to bring to court George W. Thompson, Peter L. Peacock, Hiram Whitley, Williams Sherrod and Henry Best –to answer Benjamin Bynum in a plea of trespass in the case to his damages of $1500 To the Sheriff of Greene Co to bring the bodies of George W. Thompson, Peter L. Peacock, Hiram Whitley, Williams Sherrod and Henry Best to court –by spring term 1840 Henry Best was dec and Henry Best was his exec and was now a def The plf claimed title to ??? under a patent granted to Richard Braswell dated 11 July 1739 – beginning at a line below his improvements –plf introduced a deed from Sanders Lane and others heirs of John Lane – witness to prove possession of Thomas Bryan and John Lane and the heirs of John Lane under whom the plf claimed 60 acres –this was the Braswell patent –the evidence of their declaration was objected to by the def but was admitted –the trespass complaint was from A. to H. D. on the annexed plat between the lines of D. E. and the run of the swamp –the plf failing to connect the defs –case appears to have centered around exactly where the patent lines were –lines should have been in a deed from Willis Lane to the plf – the plf’s dwelling home is marked on the plat – the def’s introduced a patent to Stephen Dewey and Blake Baker dated the 14th April 1761, and a deed from Burwell Mooring to Joseph Green dated 7 Oct 1802 which they alleged conveyed a larger piece of land on the SS of Nahunta Swamp including a portion of the Dewey and Baker patent and a deed from Green to Zadock Thompson dated 22 July 1804 conveying the same land - they then produced a copy of the division of this land among the heirs of sd Thompson the defendants in this suit and proved after the division they entered into possession of the land –it was proven that Thompson and those under him occupied and lived on the land covered by the sd deeds –they also showed that Mooring, Green, Thompson and his heirs had had the continued possession of this land for more than 50 years – the defendants provided a copy of the division of the heirs of John Lane under which the plf claims the line on the southern boundary was actually made - Jury originally found in favor of the plf Division of the land of John Lane Nov Term 1820 –between the heirs Lot #1 –to James Lane adj Lane’s Mill Branch, Outlands tract, John Heath –99 acres –also James to pay Sanders Lane $107.21 and to Benjamin Lane $10 Lot #2 – to William Lane, adj Lane’s Mill Branch, John Heath, old patent line –99 acres and said William to pay to Benjamin Lane $18.54 Lot #3 –to Bryan Lane –adj old patent line –99 acres Wm to pay Benjamin Lane $2.09 and to Wilie Lane $33.96 and to Smithya Lane $31.96 Lot #4 –Benjamin Lane –line of old patent –99 acres Lot #5 –Wilie Lane - 99 acres Lot #6 –Sanders Lane –99 acres Lot #7 –Smitha Lane –adj Grace –99 acres Signed Thos, Person, Jno Williams, Eth. Yelverton Copy of plat accompanied Division of the land of Zador Thomson dec –28 October 1826 Sally Thompson –adj James Taylor’s branch, county line, NS Nahunta, run of Button Branch, to take in one acre on the tract whereon Etheldred Howell formerly lived –362 ¾ acres – another tract adj William Smith, James Taylor –110 acres –another tract of 34 acres being in the whole 506 ¾ acres valued at $1332 the average lot being $1225 Lot #2 –Patience Sherard – head of Ben Taylor’s branch, Lassiter, county line, Sally Thomson, NS Nahunta Swamp, SW branch of Button branch –350 acres –another tract adj Sally Thompson, James Jones –107 acres –total of 457 acres valued at $1245 Lot #3 –Zadock L. Thomson –adj Patience Sherard, - 266 ½ acres –another tract on SW prong of Button Swamp, Hollowell –80 acres –total of 346 ½ acres valued at $1385 –Zadock to pay Sally $60 Lot #4 –George W. Thomson - adj Zadock L, - 389 ¼ acres –another tract adj Zadock L., Jesse Gin –80 ½ acres valued at $1381 also he to pay Sally $33 and to Patience $23 Lot #5 –Anna Mariah Thomson –adj George W., Beaver dam, Hollowell, 308 1/4 acres, another tract of 98 ½ acres - a total of 406 ¾ acres value of $1382 –& Anna to pay Patience $57 James Thadding, Jonathan Pike, Mark Pike Recorded Liber P No 15 page 338, R. Hooks, Regr Indenture –7 Oct 1802 –Burwell Mooring of Wayne to Joseph Green??? Jr - $2500 –tract SS Nahunta Swamp, mouth of Button Branch, water grist mill including one acre of land where Ethelred Howell formerly lived, a branch which in part divides Burwell Mooring and William Mooring heirs, dividing line between Mooring and Isham Lane, - 300 acres being the land and plantation house and water grist mill where the said Burwell Mooring now lives –another tract on Nahunta marsh, mouth of Button Branch adj the above tract, Dewey and Baker’s dividing line, beaver dam –400 acres –another tract adj the above, Nahunta Swamp, Dewey and Baker’s patent, near Gransville’s line, Radford –110 acres –the two last tracts were patents by Dewey and Baker WIT: F. Green, Wm. Balfour, David Dunn Registered 6 April 1803 Liber G No 422 Indenture –2 July 1804 –Joseph Green of Wayne Co to Zadock Thompson of Greene Co - $2500 –SS Nahunta Swamp –mouth of Button Branch, water grist mill to include one acre of land on the tract where Ethelred Howell formerly lived, dividing line between sd Green and William Mooring, dividing line between Green and Isham Lane, Beaverdam –300 acres being land and plantation house and water grist mill where Green now lives –another tract, Nahunta swap, mouth of Button Branch, Dewey and Baker’s patent –400 acres –another tract adj the above, a part of Nahunta Swamp, Fort’s line, corner of Dewey and Baker’s patent, Radford –110 acres WIT: John Davis, Jethro Thompson Registered 11 July 1805 Liber H No 103 A petition was made for a new trial Indenture –24 Feb 1830 –William Lane to Benjamin Bynum - $864 - - NS Nahunta, Benj Lane one of the heirs of John Lane, dec and sold by Benjamin Lane to William Lane dec on 3 Sept 1821 being part of the lot sold by William Lane to Benjamin Bynum of 29 acres leaving 70 acres – line of a deed from Edith Lane, William, Sanders and Willie Lane to Benjamin Bynum –part of my land from my father, John Lane of 25 acres having been sold to William Sauls out of the north end of said lot, adj John Heath’s heirs, line of Bryants Lane’s lot –74 acres WIT: Wyatt Moye Indenture –24 Feb 1830 –Edith Lane to Benjamin Bynum - $75 –my dower right in the land of my husband, John Lane and to the lot set aside to Benjamin Lane Signed by mark WIT Wyatt Moye, Wm Edmandson Indenture –18 Feb 1830 –Edith Lane, Sanders, Willie and William Lane to Benjamin Bynum of Pitt Co - $1000 –NS Nahunta –228 1/2 acres –grantors heirs of John Lane Edith and Sanders signed by mark WIT: Mark Heath, Lawrence Bryan Recorded Liber P pages 261 ______________________________________________________________________ Copyright. 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