Wayne County NcArchives Court.....Sasser, Edward 1845 ************************************************ 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: Dorothy T Walker skywalk1@embarqmail.com August 25, 2010, 11:05 am Source: N.c. State Archives Cr103.508 Box 135 Written: 1845 Recorded: February 1845 Edward D. Sasser Estate Folder – Transcription is in date order. This is a selection of various documents in the folder. [Document 1, 3 pages, title, content, and survey] Jurors Report for Dower to Patsy Sasser __ Feby Term 1845 Recorded Feb Co 1846 B. Herring Sd for $3.00 [Next page] State of North Carolina} Wayne County} In obedience to an Order issued from the Court of Pleas and Quarter Sessions Nov Term 1845 we the undersigned Jurors having been legally Summoned and Sworn by Allen Coor Sheriff of said County to value and set off the Patsy Sasser widow of Edward Sasser divd one third part of all the lands ---------- Have assembled on the premises on the 8th day of Nove 1845 and pr—to do the same as foll— Beginning at a white oak on Holling Branch John Hines Corner and running North 71 East 162 poles to a stake then East about 100 pole to the run of Charly Branch then down the run of sd Branch to the Mill Excluding one acre of the west side of the sd Mill then down the run of the sd Branch to the fork then up Hollow Branch on the run thereof to the Beginning Containing two hundred & ninety acres as Given Under our hand and Seal the day & date above written WWW Hooks {seal} James Rose {seal} Wilie Hastings {seal} Curtis Hastings {seal} Joseph Ingram {seal} H. Hastings {seal} Riyelon Oes [?] {seal} Mathew + Hinds {seal} his mark Edwin R. Cox {seal} John + Hinds {seal} his mark Benj Smith {seal} John Kennedy {seal} Witness: A. Coor Sheff. [Next page with survey] Scale 100 pole Per inch This plan represents only the dower as set off to Patsy Sasser widow of Edward Sasser Esq [divd] at other of his lands are left out. This 8th Nov. 1845 Benajah Herring C Sv [note: there is a lovely drawing of house on the survey] [Document 2, Is a formatted document with fill information.] State of North Carolina Wayne County, Court of Pleas and Quarter Sessions Nov Term 1845 To the Worshipful the Justices of the Court of Please and Quarter Session, of Wayne County: The petition of Patsy Sasser widow and relict of Edward Sasser deceased, of the county of Wayne humbly complaining, showeth unto your worships, that the said Edward Sasser was in his lifetime, and at the time of his death seized or entitled in fee, simple in possession of the following tract of land, situate, lying and being in the county of Wayne viz; a tract containing a bout Seven hundred acres lying on Charles Branch adjoining the land of Charles [Hiver], John Kennedy & others. As will more fully appear by reference to the deeds of title papers for the same, which are now in the hands of the defendants hereinafter named, his heirs at law. Your petitioner further sheweth unto your worships that the said Edward Sasser departed this life, intestate, on or about the _ day of _ A.D. 1845 leaving your petitioner his widow, and James Sasser, Lewis Sasser, Winifred the wife of Hamilton Howell, Nancy the wife of Ransom Rose William Sasser, John Sasser, Chelly Sasser, Howell Sasser, Polly Sasser, Pheay & Edward Sasser, the last three of whom are infants, to whom John A Greece has been Guardian. Ad litem and who ---- in [Form letter for the remaining parts] Filed Nov: ‘45 Service accepted [some unreadable comments.] ------------------------------------------------------------------------------- ------------ [Document 3, 1st page] J.C. Washington vs. Lewis Sasser et.al Transcript of record from Wayne .. Equity [next page] State of North Carolina Wayne County } Court of Equity Be it remembered that heretofore, Viz On the 28th day of February 1848, J.C. Washington & Wright, Richard Washington, and John Wright Surviving partner of Washington & Wright Complainants Filed in the office this [month] of this Court their Bill of Complaint Against Lewis Sasser, James H. Sasser, Hamilton Howell and wife Winefred, Ransom Rose and Wife Nancy, William Sasser, John Sasser, Chelly Sasser, Howell Sasser Polly Sasser, Bethena Sasser, Edward Sasser, and John Oliver (son of Needham Oliver and America his wife Both of whom are dead) defendants. Whereupon copies of said Bill of Complaint Together with Units of subpoena directed to said Defendants as prayer for, were issued, and Returned executed by the Sherriff of Wayne County, to Spring term 1848, whereupon, James Griswold Clerk & [master] of this court is appointed guardian ad litem to the minor defendants, and time is allowed to plead, answer of demur. Fall Term 1848 A Demure is filed and set down for argument. Spring Term 1849 The cause is continued under the form order Fall Tterm 1849 The cause is ordered to be sent to the Supreme Court by consent. Transcript from the records of Wayne Court of Equity Certified by James Griswald [signature with some sort of initials following] [Document 4 – 4 pages appears to be an attorneys work preparation for court appearance or clerk of court notes] State of North Carolina} Wayne County} In Equity J. C. Washington & Wright. Richard Washington & John Wright surviving partners of John Washington & Wright Vs Lewis Sasser, James H. Sasser, Hamilton Howell and wife Winifred, Ransom Rose and wife Nancy, William Sasser, John Sasser, Chelly Sasser, Howell Sasser, Polly Sasser, Berthena Sasser, Edward Sasser & John Oliver son of Needham & America, both of whom are dec’d Humbly complaining showeth unto your honor, your orators John C. Washington and John Wright partners trading under the firm and style of J. C. Washington and Wright of Richard Washington and John Wright surviving partner of Washington & Wright. That Edward Sasser late of the county of Wayne in the month of [blank space] 184[not filled in] died intestate leaving as his heirs at law, Lewis Sasser, James H. Sasser. Winifred wife of Hamilton Howell, Nancy wife of Ransom Rose, William, John, Chelly, Polly, Bethena and Edward Sasser and John Oliver [blank line ˝ ] The four last of whom are minors and are without a Guardian. That he died sized and possessed of a considerable estate both real and personal and at the [blank space] Term of the court of Pleas for Wayne County. Lewis Sasser a son of the intestate obtained letters of administration over his estate, and thusly took upon himself the further burden of administration. That he took into his possession all the perishable property of his intestate and also rented out the lands of his estate for the years 1846 and 1847 [blank space] rents amounting to $212.75 [next page] Your orators charge that Edward Sasser was justly indebted to them [blank space] as follows. To J. C. Washington & Wright $511.04 together with interest To Richard Washington in the sum of $539.91 To Jno Wright surviving partner of Washington & Wright $972.50 due by bonds That complainants summarily instituted suits against Lewis Sasser the administrator of intestate returnable to the [blank space] term of Wayne County Court – at which term the administrator pleaded, fully administered with all the necessary pleas to protect an administrator that at the [blank space] term of the court of Pleas for Wayne the pleas of the administrator being established the complainants summarily obtained their Judgments Washington & Wright for $511.04 with interest Richard Washington for $539.91 with interest And John Wright surviving partner of Washington & Wright for $972.50 with interest thereon [blank line] And caused to be issued a scieri facias against the several heirs at law, which being executed, they obtained this Judgment on the scieri facias at the term and the guardian for the minors waving the stay of execution. Upon motion a [vindi exforcas?] issued. That the land being livid upon was sold by the Sherriff which brought the sum of $1290 – with that of the sum J. C. Washington & Wright and J. Wright surviving partner of Washington & Wright. [received?] $470.38 of their debt. That Richard Washington received $175.85 – The balance of the money the Sheriff having applied to other endebtors. Your orators charge that the real estate sold for a full and fair price and that their claims or Judgments are yet unpaid there being a larger balance still due them. [next page] Your Orators further charge that Lewis Sasser, the administrator of Edward Sasser as the [next ?] friend of the heirs at law rented out the lands of his intestate, E Sasser, for the years 1846 & 1847 or up to June 1847, when the lands were sold by the Sherriff of the county. That said Lewis Sasser now holds in his hands of the rent money, two hundred and twelve dollars and seventy five cents Your orators represent unto your honor that they are, as their debts are unsatisfied, entitled to the funds now in the hands of Lewis Sasser, the administrator, and next friend, he having received the fund from the rent of the lands of Edward Sasser debtors of your orators – That they have frequently applied to Lewis Sasser who has the fund in his possession to pay over the same to them. That they might credit the amount, upon their respective executions, which reasonable request your orators will [ ] would have been complied with – But now so it is may it please your honor, the said Lewis Sasser and the other Defendants combining and confederating together, and to and with others person unknown at present to your orators but whose names were discovered your orators pray may be inserted as Defendants, with proper and sufficient words to charge them in the [ ] in order to enjoin your orators, do absolutely refuse to pay or to secure to your orators. The rent money say $212.75 or any part thereof. For reason when of the said Lewis Sasser and the other Defendants [ next page] pretend that your orators are not entitled to it, that the debts of our orators are paid – and that the rent money belongs to them the heirs at law of Edward Sasser. Whereas your orators charge the [tvent ?] to be that their Judgments are not paid or satisfied, and that the funds arising from the renting of the land to the time of the sale belongs to them or that they are entitled to the same [3 letters] tender consideration where of, and for that your orators are [remin…] in and by the strict rules of common law, and [vilerable?] only in a court of Equity when matters of this kind are properly [ ] To the end therefore, that the said codefendants may [word] true do not and perfect answers make upon this [word] oath according to the best of their knowledge information and belief, to all and singular the charges and matters aforesaid. And more especially that they may set forth and discover according to the best of their knowledge, whether Edward Sasser did not die intestate, whether Lewis Sasser did not administer upon his estate. Whether the codefendants did not take this Judgments so at to provide against the [val?] estate. The persona estate being exhausted, whether or not the real estate was sod, when, and for how much – whether the money received from the sale of the lands was sufficient to pay the debts of your orators, whether there is not a balance due to each [last page] Additional Comments: The documents were copied at the NC State Archives on 14 Jan 2010]. There are at least 60-70 individual pages in the folder. This case went to the NC Supreme Court see judgment record in Iredell, James “Cases at Law Argued and Determined in the Supreme Court of North Carolina,” Vol. 41, Part 6, Uzzell Pub, 1850, p. 336-341, online books.google.com, http://books.google.com/books? id=DG9MAAAAYAAJ&pg=PA336&dq=edward+lewis+sasser+wayne&hl=en&ei=MGxdTOH- NIO8lQfxl9WZCQ&sa=X&oi=book_result&ct=result&resnum=5&ved=0CEYQ6AEwBA#v=onepage &q=edward%20lewis%20sasser%20wayne&f=false] Relations ships proven in these documents Edward Sasser d. 1845 Patsy/Martha Sasser wife of Edward Sasser Lewis Sasser executor of estate and son of Edward Sasser James H. Sasser son Winifred Sasser daughter and wife of Hamilton Howell Nancy Sasser daughter and wife of Ransom Rose William Sasser son John Sasser son Chelly Sasser daughter Polly Sasser daughter, a minor Bethena Sasser daughter aka Pherby Sasser, Pheay Sasser a minor Edward Sasser son, a minor America Sasser daughter and wife of Needham Oliver both deceased John Oliver son of America and Needham Oliver and grandson of Edward Sasser, a minor File at: http://files.usgwarchives.net/nc/wayne/court/sasser1579gwl.txt This file has been created by a form at http://www.genrecords.org/ncfiles/ File size: 13.1 Kb