Wayne County, NC - Court - Joseph Dawson vs Roe & Nixon, 1797

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North Carolina             Wayne County Court         July Term 1797

John Doe Complains of Richard Roe, in Custody &c for that whereas Joseph 
Dawson on the first day of April Anno Domini one Thousand Seven Hundred 
and ninity seven at Waynesborough in the County of Wayne aforesaid had 
demised, Granted and to farm let to the said John Doe two Hundred & 
fifty acres of land lying on the north side of Bear Creek and the East 
side of Peter's branch, Joining Henry Nixon  Thos Outland & William 
Hamms land begining at a Black Jack the second corner of Henry Nixons 
pattent runs South seventy five east Eighty Eight poles to a pine Thomas 
Williamsons begining Corner, and with his line north twenty three west 
one Hundred and forty two poles to a pine, and with Henry Nixons line 
north twenty & east one hundred and forty eight poles to a stake, then 
south forty four east with Nixons line four hundred & Sixty poles to a 
pine William Hamms corner then north twelve west two Hundred and forty 
poles to a water oak, in Henry Britts and Thomas Outlands line, then 
South Sixty five west one hundred and eighteen poles to a pine in 
Outlands line, and with the same north fifty west two hundred poles to a 
Black Jack Outlands corner and with his line north twenty east one 
hundred and ninety poles to a pine William Hamm Senrs corner then north 
seventy West to a hickory Hamms corner, eighty poles, and from thence to 
the first Station Situate, lying and being at the County of Wayne 
aforesaid, to have and to hold the Said Tenements, with the 
appurtenances, to the said John Doe, and his assigns, from the thirty 
first day of March then last past, unto the full end and term of Ten 
years then next ensuing and fully to be compleated and ended, by Virtue 
of which Said demise, he the said John Doe entered into the Said 
Tenements, with the appurtenances and was thereof possessed, until the 
Said Richard Roe afterward, that is to Say on the same first day of 
April AD one Thousand seven Hundred and ninety seven with force and arms 
entered Into the Said Tenements with the appurtenances, in and upon the 
possession of the said John Doe and him the said John Doe from his said 
farm his said Term therein not being yet Expired, Ejected, expelled and 
removed and the said John Doe being so ejected, expelled & removed, the 
said Richard Roe hitherto hath withheld from him, and still doth 
withhold the possession thereof and other Injuries then and there did to 
him, against the peace of the State and to the damage of the said John 
Doe
Pounds, whereof he brings suit
                                                   E. Harris
                                                   T. Badger
                                                   Plantiffs Attorney

Mr. Benjamin Nixon & Mrs. Nancy Nixon
I am Informed that you are in possession or claim title to the Messuage 
and premises mentioned in this Declaration of ejectment or to Some part 
thereof and having no title to the Same I do advise you or give you 
notice, to appear on the Second Monday of July Next, at the Court House 
in Waynesboro Before the Justices of the Court of please & Quarter 
sessions of and for the County of Wayne to be then and there held by 
some attorney of said Court and then and there be a rule to be made of 
the same Court, to Cause yourself to be made Defendant in my Stead and 
make your Defence otherwise I shall suffer a Judgment, to be had against 
me, and you will be turned out of possession
                                         Your Loving friend, Richard Roe
North Carolina
     Wayne County                    I hereby Certify that the within 
writ is a true Copy from the Original
                                              Attest    Jas Sasser CC

Doe on the Demise of Joe Dawson vs Roe &  Benjamin Nixon & Nancy Nixon
                                  Delv. Ejectment

To July Wayne Court 1798.  Delivered the Copy of said proceedings to 
Defendant on the 20th of June 1797.  Signed, Wm Smith, DShff.
E. H. & T. B.

                                                    17th Augt 1798

(Copy of Plat is included in the original record)

In obedience to an order of Court we the Subscribers by Consent 
of the parties, have run and measured the Lands in dispute to the 
satisfaction of each party, as the above plan will represent &C
BRobin Hood Senr.
                                                        R. Croom
                                                     J. Thompson
                                                       Wm Taylor
                                                         D Croom
                                                        B. Smith
                                                       Rich Hamm

Source:  New Bern District Superior Court.  Ejectments, 1798-1802.  
D.S.C.R.206.403.3.  1799 folder.

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This file was contributed for use in the USGenWeb Archives by
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