Wayne-Lenoir County NcArchives Court.....Lewis Sasser, Arthur Jones V. 1831 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Martha M. Marble http://www.genrecords.net/emailregistry/vols/00022.html#0005285 May 13, 2011, 4:23 pm Source: N C Archives Written: 1831 #2065 – ARTHUR JONES vs LEWIS SASSER Supreme Court Case found at the NC Archives, Raleigh, NC and abstracted by Martha Mewborn Marble Wayne County, 1831 and then moved to Lenoir Co. 1832 Lewis Sasser’s attorneys were Henry Wright, C. Stanly, William B. Wright In Sept 1831 sd Sasser had detained one Negro, Sheppard, worth $500 The sd slave, Sheppard, was in the def’s possession who refused to give him to the plf – Jones stated the slave was given to him by his father Arthur Sr. by deed on 5 April 1827 but the deed was not registered until 20 Feb. 1830 – Arthur Sr. had retained a life estate – the def received the slave by a deed made by the sd Arthur Sr. to Micajah Cox and others as Trustees on 15 Aug 1829 – the slave remained with Sr. until his death on 4 April 1830 – the def stated Sr. was indebted to Sanders Smith one of his distributors in a note mentioned in the deed of 11 Aug 1829 – his also stated some of the property was given out before the deed was written – the plf advised his father not to distribute the property before the deed was recorded – the father said he wanted his two spendthrift sons in law from wasting their wives share of the property – both Sr. and Jr Jones were not able to read or write – the Trustees after the death of Jones Sr. divided the property in the trust and the Negro slave was allotted to the def – they stated that Jones Sr. was of sound mine – some of the witnesses thought Jones Sr. did not understand what he was doing with the deed – Arthur Coor was a WIT and said Sr. did not understand what he was doing but he was of sound mine New trial ordered because the Court handled evidence improperly ABSTRACT OF DEED FROM ARTHUR JONES SR TO ARTHUR JONES JR 5 April 1827 – Arthur Jones Sr, of Wayne County to Arthur Jones Jr. of same – for natural love and affection – I give several tracts – lst tract near poplar branch adj James Jones, myself, John Penders, Wm. Tatten ???CHECK – another tract of 30 acres adj the Coor place where Bryan Langley now lives – another tract where sd Jr. now lives adj Palmer, Rounabout Hill, to Nuse River – of 50 acres – another tract purchased of John C. Pender of 14 acres – another tract purchased of Jonathan Coor called the Hartney Plce of 60 acres – also the land I purchased of the heirs of my son Willis Jones dec – also Negroes Luke, Bos, Raaiford, Martin, Tener, Milley, Esther, Sheppard, Mason, Louie, Change – also 2/3rd of the Negroes which fell to me by the death of my son Willis ie Daniel, Penny and Bill after the death of sd Willis’ widow – also $3,000 to be paid to him by my executors 12 months after my death – also 4 horses, 2 mules ie mare called Peg and her mule, also one eyed horse called Baston and a gray mare and her mule and young Truston, horse named Redman – also farming tools, blacksmith tools and dutch fan – also 50 barrels of corn to be delivered to him at the Fellow Place crib and 25 barrels at the Old Place – also 3 blade stacts of fodder of his choice at the Fellows Place and 2 of his choice at the Old Place Signed by mrk WIT: Calvin Coor, L. Alford Registered 26 Feb. 1830 END OF DOCUMENT ABSTRACT OF DEED FROM ARTHUR JONES SR. TO SAMPSON LANE AND OTHERS 15 Aug. 1829 – Arthur Jones, Sr. to Sampson Lane, William Raiford, Micajah Coor, John Kennedy and John Wright Trustees of Arthur Jones Jr, Lydia wife of Richard Jernigan, Saly wife of Bryan Langley, Nancy wife of Cullen Howell, Charlotte wife of Sanders Smith and Polly Sasser daughter of Polly wife of Asa Jernigan dec – Arthur Jones Sr. is the father to the above and being old and not capable of attending his estate – he is advancing to his children his property through his trustees – sd trustees are to pay his debts and afford him a maintenance – this is being done for love and affection and to include all my property and possessions provided his children pay his support for his life through the trustees and after my death to be equally divided as follows I Arthur Jones Sr. do agree and make the following proposition to divide my estate between my five children names Arthur Jones, Jr., Lydia Jernigan, Sally Langly, Nancy Howell and Charlotte Smith and my grandchild Polly Sasser in the follow manner divided by my trustees 1st I lend to my Son Arthur Jones Jr the following property his equal proportion in the division – articles the James Jones field the mouth Branch do & Burnt do, the mine ground field at the Fellows Place and the long field and the following Negros Raiford, Milly and matched my gray mare and cripple ditto and the crops on the James Jones field and My island fields 2nd I lend to my Daughter Lydia Jernigan the following property her equal part in the division – the old Pye??? Patch field the crib field and the House filled at the Fellow place and the following Negros Martin Anica & Guilford Hannah Dadia - NOTE: No punctuation - - my horse mule for which her pays Cullen Howell $5 on the 1st Jan 1831 and the crop on the Pye Patch field and crib cut field at the Fellows place 3rd – I lend to my Daughter Sally Langley the following property her equal part in the division consisting of the articles follows my Henry Coor place and the Tom Coor orchard and mener field and the following Negroes Suke Phillis Patsy and Isaiah – and my Musgrove mare and the crop on the Henry Coor place for which she is to pay Cullen Howell 5 barrels corn out of the present crop and five barrels to Arthur Jones, Jr. 4th – I lend to my Daughter Nancy Howell the following property her equal part in the division – my branch fields and manner field and brotamp ??? field and the following Negroes – Ben Chany and William and lend my old horse the crop on the house field at the Fellow place and the Tom Coor orchard (sic) 5th – I lend to my Daughter Charlotte Smith the following property her equal part in the division – the Sharper new ground the cormer field and island field at the Fellow place and the following Negroes Leah Esther Jack and Rose and my big mare for which she pays Cullen Howell $2 1 Jan 1831 and the crops on the cormer field and the sharper new ground for which she pay 5 barrels corn to Arthur Jones, Jr 6th – I lend to my grand daughter Polly Sasser the following property her equal part on the division - old Miss ?? Sasser field, the Tom Coore long field between the roads the Henry field and cotton field and the following Negroes Sam Eliza and Nathan and my gray mare for which she pays Cullen Howell $5 on the 1st Jan 1831 and the crop on her own land The condition of the above are that each of my children or their husbands that is willing and will comply with the following terms shall have and receive the above named on condition they pay Arthur Jones Sr. annually what the trustees say in order to support the said Jones and to pay a note that sd Sr owes to Sanders Smith he said Smith discounting his portion of said note – they also have to keep up my fences and pay the expenses of the Negroes – should any of my children not agree the trustees should investigate and act according by taking possession of sd property and disposing of it as they see fit This agreement should stay in full force from year to year unless the trustees alter it Signed: Arthur (x) Jones, Sr., Arthur Jones Jr., Richard Jernigan, Bryan (x) Langley, Cullen Howell, San. Smith, Lewis Sasser WIT: Calvin Coor, John C. Pender END OF DOCUMENT Lenoir County Superior Court Arthur Jones Jr. said one deed superseded the other – after Sr. died the slaves were hired out until 1 Jan 1831 when they were divided and Sheppard was delivered to the def – the plf wanted him back The rest of the information in Lenoir Co was identical to that presented in Wayne Co The crux of the matter was the dates of the deeds. File at: http://files.usgwarchives.net/nc/wayne/court/lewissas2255wl.txt This file has been created by a form at http://www.poppet.org/ncfiles/ File size: 8.4 Kb