Wayne County, NC - Hood vs Hatch, 1843 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ To the Honorable the Judge of the Court of Equity for the County of Wayne The Bill of Complaint of Britton Hood vs Rhodes Clarissa Hatch, both of said County Humbly complaining sheweth unto your Honor, That in the year 1839, your orator being then the owner of a valuable slave, named Ben, aged about 23 years, received from the defendant, who was the owner of a female slave named Lena, a message that she was disposed to sell, and the said girl being the wife of your orator’s said slave Ben, he was desirous of purchasing her; for this purpose your orator called at the defendant’s house, on his way to Wilmington, & had a conversation with her, respecting the purchase of said slave. Your orator covenant from defendant that she was disposed to sell sd girl enquired into her age, health & qualities, & was then informed by said deft. and by Uzzel Harrell her overseer & agent, who was then present, or by one with the concurrence consent & appellation of the other, that said girl was 14 years of age, was sound & healthy, & of a family remarkable for being long-lived In the discourse between your orator & defendant before the purchase of said girl, the said agent in deft.’s presence, and with her assent assured your orator, that James McKinne had offered for said negro $750, in the note of Council Wooten, (which was a perfectly good note), & deft. moreover assured your orator that Henry Kornegay wished to repurchase said girl, but that she preferred selling said girl to your orator, on account of your orators being the owner of her husband Ben, in order that she might not be separated from her sd husband. The deft. also assured your orator that said girl was an excellent seamstress & that if she did not sell her, she intended to put her to the loom, & insinuated & designedly impressed your orator with the conviction, that said girl, was uncommonly ingenious & sensible And your orator also shews unto your Honor, that sd Harrell in the presence & with the assent of defendant, informed your orator that sd girl was then pregnant, & that if your orator bought her he would buy two instead of one. This conversation occurred about two hours in the night about the 8th of June 1839 Your orator being induced by their assurances and representations, agreed to give $750, the price which defendant finally concluded to take for said girl, and accordingly took a bill of sale for her from deft. & executed & delivered to deft. his single bill or note for sd sum of $750 payable about 1st January, the rest ensuing with interest from date to the best of his recollection Your orator further shews unto your Honor, that sd girl was then about 17 years of age, that she was then & had been several years before unsound & diseased, & was afflicted badly with fits, which were very frequent & violent, that as soon as she came to your orator’s house, which was on the day after the purchase as your orator believes & was informed by his family, she appeared to be diseased and in fact was so infirm, that she was unable to work, and was an expense to your orator until her death, which occurred in about 4 months after her purchase, that in as few days after coming to your orator’s house, she was taken down with fits, & continued to be violently afflicted with them until her death, & never was of one day’s service to your orator, & that sd fits had greatly injured her mind And your orator further shews that he has been informed & believes that the defendant had purchased by her agent the sd Harrell, the sd girl from Henry Kornegay aforesaid, about 12 or 14 months or thereabout previous to the 8th of June 1839, and she having in that time ascertained that sd girl was diseased, rendered the deft. willing & anxious to part from her Your orator avers that he has been grossly deceived & defrauded in the consideration of the said note, and that so far from receiving value for the same, the said girl, the consideration therefore, was an expense to your orator & of no value, and that defendant well knew the same Your orator further sheweth unto your Honor, that after the death of said girl, which death occurred about 4 months after 8th June 1839, he represented her condition & the circumstances of her death to defendant and tendered her the bill of sale, & requested her note to be surrendered, which deft. with much appearance of passion refused Your orator at some time informed defendant that he had been necessarily absent from home, for two or three months, at different times since the purchase, otherwise he would have returned said girl, & that she had died during his absence, to which deft. replied, he need not have done so, that she would not have had her; & she further stated in that conversation, that if she had sold him all her slaves & they had been sick & died, he would have been compelled to pay for them; for that she had purchased a sick negro from Uriah Smith, which died, & she had been compelled to pay for it Your orator further sheweth, that he hath enquired of Council Wooten, & hath been assured by him, that sd McKinne held no note of his, & your orator hath also enquired of Henry Kornegay, & he declared that he never did wish to repurchase said girl, & never informed any person that he did Your orator further sheweth that a writ has been issued by defendant on sd note, against him, returnable to Feby term 1840, Wayne Co. Court, & she is now prosecuting the same to Judgement against your orator. All which actings & doings are contrary to Equity & Justice & tend to your orator’s manifest injury To the end therefore, that your orator may be relieved herein by the interposition of this honorable Court, where matters of this kind are properly cognizable, that the defendant may answer the same upon her corporal oath, to the best of her knowledge & information & belief, & as particularly as if she was herein again thereto particularly interrogated and whether the representations aforesaid touching the age, health, soundness & qualities of said girl Lena were not made by her, or by her agent or overseer, in the presence & with her assent, privity & acquiescened, or what was the substance & effect of said representations, or what other representations were made on said occasion; and further that she may state what was the condition of said girl at the time of said sale, as to health & soundness? & also during the time she owned or possessed said girl? and how long she had owned & had her in possession, & from whom she purchased her? & whether she purchased her herself or by her agent the sd Harrell for her? whether while she owned & possessed said girl, she ever knew her to have fits? & how often? & whether she did not on several occasions & how many, give the sd girl camphor or apply it to her when the said fits were on her? Whether she did not know or was informed or had reason to believe before said sale, that said girl had fits or some disease, & if any other what disease? whether said Harrell did not inform your orator in her presence and with her knowledge & acquiescence that sd McKinne had offered for sd girl $750 in the note of Council Wooten, and whether Henry Kornegay did not wish offer or propose to repurchase said girl? Whether at the time she sold sd girl to yr orator, she did not know or was informed that her crop was very grassy? Whether she was in debt at the time & if so to what amount, to whom, and whether she was compelled to sale to raise money? Whether she had not a short time previous purchased several negroes of Saunders Smith, and how she paid for them in notes or money, & if in notes whose notes? And whether she did not send word to yr orator by sd Ben, that she was disposed to sell sd girl? And that deft. may be enjoined from all further prosecution of said suit, upon sd note or bond, & that sd bond may be delivered up & cancelled, & that your orator may have such further relief, as the nature of his case requires or this Court may think just & equitable, May it please yr Honor to grant him the satisfactory subpoena, directed to deft. commanding her to appear at next term this hon. Court to answer the questions on oath and abide by further proceedings therein, &c The complt Britton Hood swears } J H Bryan } that the matters & writings } L D Hines } for Compt herein set forth as of his own } knowledge are true, the best } he believes to be true } Sworn to & Subscribed Britton Hood Before me 3d April 1840 James Griswold CMC ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ State of North Carolina } In Equity Wayne County } Fall Term 1840 The answer of Rhodes Clarissa Hatch to the bill of Brittain Hood This Defendant now and at all times herafter saving and answering to herself all manner of benefit and advantage of exception to the many errors in the bill contained for answer thereunto, or unto such parts as this Defendant is advised it is material for her to make answer unto answering saith That she admits that in the year 1839 Brittain Hood did own or was refuted to own a negroe slave by the name of Ben, and that said boy did have for his wife a girl by the name of Lena then the property of this Defendant, and that said boy did request and insist upon this Defendant, selling the girl Lena to his master, but that she refused so to do always stating to the boy that she had no wish to sell and preferred purchasing to selling, and did say to the boy that she was confident that his master Brittain Hood would never pay the price that she would ask for the girl. This Defendant has no recollection and does not believe that she ever, at any time in any way or manner send a message by said boy or any one else to Brittain Hood, that she would sell the girl This Defendant further answering states that after this conversation with the boy she heard no more for months, either from the boy or Hood about the sale of said slave and she thought no more of it, supposing that the boy was convinced that she had no disposition as was the fact, to sell the girl Lena and this Defendant thought no more about it untill she received a message from Brittain Hood, by her overseer Harrell, requesting her to be at home at some particular time, that he was coming to her house for the purpose of purchasing her slave Lena the wife of his boy - that after receiving this message from Hood, the boy again spoke to her relative to the sale of his wife, and enquired of her what her price would be if she concluded to sell, when she informed said boy that she would not take one cent less than sevin hundred and fifty dollars, and that she knew or had every reason to believe that his master Hood would not give it This Defendant further answering states that the Complainant Hood did afterwards say about 8th of June 1839 about dusk call at her house and made known his business, that his object was to purchase the girl wife of his boy - when this Defendant informed Hood, and repeatedly told him that she had no wish to sell said girl and did according to the best of her recollection ask him for the girl $800 - that she has no recollection of any thing being said by Hood about her age or of any enquiries being made of her, and if the question had have been asked, as to her age, she would have given it about fourteen, as she had in the month of March 1838, purchased the girl, she being there represented as 13 more or less, as will appear by difference to the bill of sale made by Henry Kornegay to this Defendant - which this Defendant has ready to produce That she has no recollection of any questions being asked about her whether she was healthy or not but this Defendant believes and so charges the truth to be that the girl was hale, healthy and sound and that if any thing was amiss with the girl that it had never come to the knowledge of this Defendant, that the girl ploughed, worked out, and performed as much labour, as any girl of her age, and size, as this Defendant has good reason to believe, that the day on which she was purchased by Hood she had followed the plough This Defendant admits that she did in a conversation with Hood say that she was a pretty good seamstress for a girl of her age - and that she knit pretty well and that she did say to Hood if she did not sell the girl that she intended putting her to the loom, but this Defendant insists and so alledges the truth to be she meant thereby a sale to Hood, and this Defendant has reason to believe that Complainant so understood her as she repeatedly told Hood that she has no disposition to sell the girl and would not sell her to him but for the fact of his owning her husband - and that he would have to pay $800 for her - that she had no idea of selling her to any one else, and avers and declares that she would not have sold to Hood, but for the fact of his owning her husband, his intimacies, and the intimacies of the husband - this Defendant further answering states, that the Complainant appeared anxious to purchase, that after making an offer of $750 this Defendant requested untill the morning to reflect upon it, when she would give an answer, that he urged upon her the propriety of an immediate answer, as he had to leave by day break the next morning, that she then agreed to take his offer of $750 - and closed the bargain - upon Complainants attempting to purchase her at a price less than 750 dollars - this Defendant did state that that sum had been offered for her by a Mr McKinnie, as she had been informed and believed, and this Defendant states that she was informed that a Mr McKinnie when passing the road saw this girl in the possession of the overseer and attracted by her fine appearance, made inquiry as to her owner, and whether she could be purchased, when he was informed that she could not unless the price was extravagant - that the price was enquired into when he McKinnie was informed by the overseer, that he supposed $750 would purchase her - when Mr McKinnie agreed to give it and sent word to this Defendant, this Defendant however refused to take it, assigning as a reason that she would not sell the girl, that she then had a husband and would not separate her - this Defendant states that she said nothing about Council Wootens note - neither had she heard any thing about it, and denies ever stating to Complainant that James McKinnie had offered a note upon Council Wooten that she did not know the name of Mr McKinnie who wished to purchase - at the time of sale to Hood This Defendant further answering, denies that she ever previous to the sale of the girl to Hood, had any conversation with him about Henry Kornegay being anxious or wanting to repurchase said girl, but recollects distinctly that after the sale and as this Defendant believes the death of the girl Lena, upon Complainants demanding his note that she did state that she had understood that Kornegay wanted the girl again This Defendant further answering states that she never informed Hood or instructed Harrell her overseer to state that the girl was in a family way, but believes that Harrell did give it as his opinion, as she has so been informed, but at the same time Complainant knew that this Defendant did not know one word of the conversation that was going on between Hood and Harrell upon the subject, that this Defendant was at the time of sale perfectly ignorant of any declaration or intimation of Harrell to that effect, and this Defendant again denies that the girl so far as ever came to her knowledge was unhealthy and unsound and states that she never knew neither did she ever hear of the girl having fits, neither does she believe that she ever had a fit or any thing like it, when owned by and in the possession of this Defendant, that the girl when she left the house of Defendant, was apparently in as good health as she had ever seen her This Defendant further answering, denies that said girl was purchased by her, that she did send Harrell to view the girl, that Harrell her overseer described the girl upon his return, that some time afterwards Henry Kornegay, who was then the owner of the girl, came to the house of this Defendant when this Defendant bargained with the said Kornegay that with the bargain, Harrell had nothing to do, that in fact he was not present, and as this Defendant believes was not on the plantation, that she exercised her own judgement, and relied not upon the opinion of Harrell or indeed any one else, that she did send the money by Harrell, as she did not pay the money untill a right was made, and the negroe delivered This Defendant admits that the girl was in her possession and under her control from the 24 day of March 1838 untill June 8th 1839 the time of sale to Complainant, but positively denies that she during that time or any part of the time was troubled with fits, or that she was in any manner permanently effected by disease of any kind, so far as could come to the knowledge of this Defendant, and this Defendant has reason to believe that if the girl was labouring under chronic disease of any kind that she must have found it out, as she is in the habit of paying that attention to her servants which owners of slaves generally do This Defendant further answering admits, that after she had heard of the death of the girl Lena, that Complainant did come to her house, and demand of her his note, which she refused to give up, that Complainant did then state that he had been absent months, and that if he had been at home, that he would have returned the girl, when this respondent did say that she would not have received her, and at the same time added, that if he Hood had have brought the girl back, before steaming her, and administering no fix to her and improperly giving her medicine, that she possibly might have received her - this Defendant denies stating, as charged in the bill of Complainant, that if she had sold him all her slaves & they had been sick and died, that he would have been compelled to pay for them, and denies ever stating to Hood, that she had purchased a sick negroe from Uriah Smith and had been compelled to pay for it, but admits that in the course of conversation, and so she answers the truth to be that she did ask Hood, if she had have sold him all her negroes, taken his notes, and some mishap should have befallen them after the sale, if he would or could have demanded the notes given for them, to which he answered no, when this Defendant stated that she would see no difference, except in this case the demand was for one, the other for more than one - and then observed that the same misfortune had once befallen her, that she purchased a negroe from Uriah Smith, and that it lived but a short time, that it was taken sick and died soon after her purchase, but that she had it to pay for This Defendant further answering denies that what was said by Harrell to Hood if indeed any thing was said connected with the contract by way of representations, that it was by her privity or consent, and denies instructing Harrell to make any representations, that in making contracts, she is in the habit of relying principally upon her own judgement, and that in the making this bargain, she was not controlled, aided or influenced by her overseer, and that he had nothing to do with the matter, except to communicate to this defendant, such answers as Hood might make, and such questions as he asked and but for her unfortunate situation, not being able to hear ordinary conversation, her overseer in all probability would not have been present This Defendant states that she placed much confidence in her overseer as a farmer, and as an industrious man that her farm was under his controll and management whether it was grassy at the time of the sale of the girl Lena, she knows not, as she had not been over it, but knows and so states that she made an excellent crop This Defendant further answering admits that she purchased negroes a short time before the sale of girl of Saunders Smith, that she gave him for thirteen-hundred and fifty dollars $1100 she paid down $250 she executed her note for, which she in a short time took up - this Defendant takes pleasure in stating for the information of Complainant that at the time of sale of girl since she was not in debt, or at least she owed but very little and was at any time able to defray her debts, and this Defendant again denies that girl was unsound, subject to fits & that she never administered to her camphor for fits or any thing else that she recollects of, while owned and in the possession of this Defendant This Defendant is advised that there is nothing more material or necessary to be answered and prays to be dismissed with her costs &c W.B. Wright Sol Pro. Defendant Rhodes C. Hatch maketh oath that the facts contained in this answer as of her own knowledge are true and those not of her own knowledge she believes to be true Sworn to Subscribed R. Clarissa Hatch before me 7th Oct 1840 Jas Griswold CMC Source: NC Archives Supreme Ct. Case #3285 Hood v Hatch, 1843 [Note to reader: Rhodes Clarissa Rhodes Hatch was the daughter of Gen. James Rhodes and Anna Bass. Clarissa married Richard B. Hatch] ______________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Grace Williamson Turner ______________________________________________________________________