Currituck County Court Records
(Currituck County Court of Pleas and Quarter Sessions Minutes)
N.C. State Archives Microfilm Reel #C.030.30001(continuation of reel)
1800 (Feb. through June)
[16]
At a Court of Pleas and Quarter Sessions Begun and held for the County of Currituck at the
Courthouse on the Last Monday in February it Being the 24th Day 1800 and Continued by
Adjournment Untill the 28th Day &c. Of February...
Present: Willis Etheridge, Nathan Hall, Thomas Merchant Esquires
Ordered that Nancy West be allowed the sum of Sixteen pounds for keeping a base begotten child on her body by George Dough to commence the 20th day of November 1798 and to expire the 20th November 1799.
Ordered that Nancy West be allowed (sic).
Grand Jury Sworn and Impannelled and Sworn to wit: Mitchell Simmons foreman, Richd. Gregory, Joel Kinnion, Caleb Gregory, Nathaniel Brock, Joshua Ball, James Etheridge, Samuel Whitehurst, James Poyner, Richd. Hutchings, Jonathan Taylor, Cornelius Gregory, Samuel Poyner.
Ordered that Thomas O Dowdy be appointed Guardian to William Lutts orphan of Jacob Lutts Decd. and offers Josiah Simpson John MCoy securities...80 pounds.
Ordered that Nathan Hall Esq., Levi Wood Hall, Richard Dough Sr. & John Melson or any three of them audit the acct. of Thomas O Dowdy admr. of Jacob Lutts decd. and make return &c.
Ordered that Nathan Hall Esq., Levi W. Hall, Richard Dough Sr. & John Melson...audit and settle the accts. of Asa Walker Exr. of O Neal Walker decd. and make return &c.
[16a]
Ordered that Joseph Wicker have the right of admr. on the estate of William Wicker decd. and
offers William Arthur (?) [This item appears to have been lined through].
Ordered that [first name too faded to read from microfilm] Guilford about four years of age be bound an apprentice to Solomon Alcock til he arrive to the age of twenty one years.
Ordered that Lydia Parker daughter of Thomas Parker be bound apprentice to Julian Mitchell until she arrives to the age of eighteen years she being about the age of eight years.
Court then adjourned till to morrow 10 O Clock.
[Tuesday, Feb. 25, 1800]
Court met according to adjournment.
Present: Evan Jones, Samuel Ferebee, Thomas Tillett Esquires
The Last Will and Testament of Daniel Ballance Decd. Exhibited and proved by the oath of James Powers, Moses Ballance and at the same time Robert Maffation (?) appeared and qualified as an Exer. and returned an Inventory on Oath.
Ordered that the executor sell the perishable part of the estate of Daniel Ballance decd. and make return &c.
Ordered that John Chaplin be appointed guardian to Solomon Chaplin orphan in the room & stead of Spence Hall and offers Nathan Hall Esq. and Solomon Alcock securities...150 pounds.
Ordered that Sarah Marchant be appointed guardian to Thomas Marchant and Freelove Marchant orphans of John Marchant decd. and offers Thomas Marchant Esq. & Gideon Marchant securities in sum of 100 pounds each.
Ordered that Samuel Etheridge be appointed constable in the room and stead of Christopher Williams resigned and offers Griffen Dauge and Joseph Baxter securities...250 pounds.
[17]
Ordered that Sarah Lee have the right of administration on the estate of John Lee decd. and offers
Edward Bunnil & Obediah Capts securities...200 pounds...
And at the same time the admix. appeared and qualified and returned an inventory on oath.
Ordered that Sarah Lee sell the perishable part of the estate of John Lee decd. and make return &c.
Ordered that Elisha Gregory about the age of fourteen...be bound an apprentice to William Lunn to learn the art and a mistery of a farmer.
Ordered that Jeremiah Midgett have the right of administration on the estate of Bridget Midgett decd. and offers Lazrus Linton and William Lunn securities...ninety two pounds and at the same time the administrator appeared and qualified & returned an Inventory on oath.
Ordered that Cornelius Jones have the right of administration on the estate of John Gordon decd. and offers James Phillips & Evan Jones securities in the sum of twenty five pounds...administrator appeared and qualified...returned an inventory on oath.
Ordered that Griffen Dauge have the right of administration on the estate of Sarah Dauge decd. and offers Joseph Baxter and Samuel Etheridge securities...50 pounds...administrator appeared and qualified...returned an inventory on oath.
Ordered that James Brent be appointed overseer of the road in the room and stead of Duke Bell.
Ordered that Thomas Williams Esq. be appointed quardian to Samuel Barns orphan of Jonathan
Barns decd. above the age of fourteen came into open Court and made claim of Thomas Williams
Esq. as his guardian who offers Benjamin Taylor and Andrew Duke securities in the sum of two
hundred pounds.
Ordered that Benjamin Taylor Sr. be appointed guardian to Benjamin Barns orphan of Jonathan Barns decd. and offers Thomas Williams & Andrew Duke securities...200 pounds.
Ordered that William Guin be appointed Constable on Knots in the room & stead of John
Simmons.
Ordered that Anthony Simmons be appointed Constable on Mossee Point.
[17a]
Ordered that Moses Bunnil be appointed Constable for Tulls Creek District and offers Emblem (?)
Bunnil and Davis Fanur (?) securities...250 pounds.
Ordered that an order issue August Term 1799 for settling the accounts between Elias Williams former guardian to William Bonney (?) orphan of Nathan (?) Bonney (?) decd. be continued.
Ordered that Thomas Poyner, Samuel Gregory, Nathan Poyner & William Hunnings...audit & settle the accounts Lemuel Mitchell administrator on the estate of William Mitchell decd. with said estate & make return...
Ordered that Thomas Marchant, Malachi Read, John Hill audit and settle the accts. of John Dauge in right of his wife Milbury who was exectrix on the estate of Benjamin Dauge decd. with said decd. estate & make return &c.
Ordered that John Northern Esq., Simon (?) Wilson, Lemuel Wilson, Maximillian Bowren...divide the estate of John Brooks decd. among the legal representatives and make return &c.
Ordered that Samuel Dauge and Maximillian Bowren be fined twenty shillings each for non attendance as juriors.
On motion of William Slade, ordered that the Sheriff of Craven Stephen Harris Esq. be amersed (?) in the sum of twenty pounds nisi for not returning an execution issued from this Court at the instance of John Harison (? Hardson ?) against Joshua Furbush, and that a Sci Fa issue to the said sheriff to show cause at the next term of the Court why the said amersment (?) should not be made absoluth (?).
Ordered that John Guin be appointed Constable on Knots Island in the room and stead of John Simmons, and offers Caleb Caps & John Hill securities...250 pounds.
Ordered that Thomas Tillett Esq., Thomas Garrett Esq., Thomas Best and James Best audit and settle the accounts of Samuel Binsham administrator on the estate of Jacob Coffee decd. with said estate and make return &c.
Ordered that an order entered yesterday for binding Lydia Parker daughter of Thomas Parker to
Julian Mitchell be recinded
And that said Lydia Parker about eight years of age be bound an apprentice to Willis Walker &
wife to learn a woman's employment.
[18]
Ordered that Thomas Ferebee be appointed overseer of the road in the room and stead of William
Jarvis.
Theophilus Kallum vs. Charles N. Herbert} appl. on a warrt.
Jury Impaneled and sworn, to wit: Lemuel Wilson, Josiah Etheridge, Benjamin Poyner, Saml.
Oneel, Caleb Church, Maxm. Bowren, George Forker, Lewis Cox, Benjn. Taylor Junr., Thomas
Barnard, Foster Jarvis, Thos. C. Ferebee say there is no cause of action and that the defendant did
not assume (?).
Ordered that Lazarus Linton have the right of administration on the estate of Stephen Midgett decd. and offers Samuel Jarvis and Richard Jarvis securities...100 pounds...the admr. appeared and qualified & returned an inventory.
Ordered that the administrator on the estate of Stephen Midgett decd. sell the estate of said Midgett decd. and make return.
Ordered that Lovey (?) Etheridge guardian to Lemuel Etheridge, Ann Etheridge and Jemima Etheridge orphans of Jesse Etheridge decd. sell the perishable part of said orphans estate and make return.
Court then adjourned till tomorrow 10 O Clock.
[Wednesday, February 26, 1800]
Court met according to adjournment.
Present: Samuel Salyear, Andrew Bates, Lazarus Linton, Samuel Ferebee Esquires.
[18a]
William Lunn (?) vs. William Purdies Admr.} Debt {Jury to wit: Lemuel Wilson, Joseph
Etheridge, Saml. Oneel, Benjn. Poyner, Caleb Church, Maxm. Bowren, George Forker, Lewis
Cox, Benjn. Taylor Junr., Thos. Barnard, Saml. Dauge, T. C. Ferebee Impaneled & sworn say
there is no payment or set off & that there is no Release and that the Defd. was not an Infant and
assess the Plaintiff to 6d & 6d cost.
W. M. Maund admr. of Michell Lawless vs. John Mercer} Jury the same as before.
The Defd. comes in Person into Court & confesses. Judgt. amt. of a note 20 pounds interest and
note 50 pounds (?) total together with cost.
John Campbells Admr. vs. Isles Simmons} Debt { Jury the same as before except Thomas C.
Ferebee Saml. Lee in his room.
Impaneled & Sworn say the Defd. did asume and assess the Plaintiff Damage to 24-4-1 & 6d cost.
Ordered that John Ansel be appointed guardian to Dennis Simmons orphan of John Simmons
decd. in the room of Jesse Simmons former guardian...offers James Phillips and Samuel Salyear
Ferebee securities...500 pounds.
Ordered that James Phillips Esq., Malachi Jones, Caleb Capts Senr. & Samuel Etheridge...audit and settle the accounts of Jesse Simmons former guardian of Dennis Simmons orphan with John Ansel the present guardian.
[19]
Ordered that Samuel Ferebee and Griffith Dauge be released from bail for John Reed they having
rendered his body in Open Court.
On hearing the petition of secondary persons who work on the New Road Leading from the
Virginia Line to Salt (?) Bridge praying that the hands be apportioned.
Ordered that Joel Ails, James Ails, Frederick Dailey, Simon Wilson his hands and Joseph
Ballentines hand continue to work on the Road leading by Ballentine Mill and all the other hands
accostom (?) to work on said Road be directed to work on the New Road leading from the
Virginia Line to the Salt Bridge.
Stewart & Co. vs. John Reid & John Frazier} Debt 7{ Jury the same as before except James
Brent in the room of Samuel Dauge.
Impaneled & sworn say the Defendant did not Assume &c.
Benjamin Poyner vs. Joshua Simpson} Debt 4{Judgt. Confessed By the Defendant in Person as According to Specialty file.
Court adjourned until tomorrow 10 O Clock.
[19a]
[Thursday, February 27, 1800]
Court met according to adjournment.
Present: Willis Etheridge, Andrew Bates, Samuel Ferebee Esquires
Ordered that Ballance Dennis (?) about the age of eight years be bound an apprentice to Jacob Dunton to learn the Art and mistery of a marriner.
Ordered that Jemima Spry have leave to renew her ordinary Bonds and offers Samuel Salyear Esq. & John Williams in the sum of 100 pounds.
Ordered that the order for recording the registers books be continued.
Ordered that a citation issue to Levi Hall guardian of the orphans of Thomas Jarvis Junior deceased to show cause at the next Term why he should not be removed from his guardianship & another appointed in his stead.
Robert Barnard vs. Phillip Dauge} Case 7{Discontinued at the Defendants cost.
W. M. Maund Atto. for John Snoden vs. Samuel Salyear}[no details].
Ordered that Francis Morris orphan of Abrahm Morris decd. be bound an apprentice unto John Dun and wife about the age of eight years old until she arrives to the age of eighteen years old to learn a womans employment.
[20]
Ordered that Bathiah Miller be allowed the sum of 12 pounds for one years keeping and
maintaining a bastard child begotten on her body by Levi Midgett to commence from the 22nd day
of September 1799 to be paid in equal quarterly payments.
Ordered that an execution issue from this County to Tyrell County against Levi Midgett for Bathiah Millers allowance in May Term 1799.
Ordered that John Northern Esq., Max. Bowren, Lewis Cox, Aron Bright Esq....divide the estate of Carter Bennet decd. & make return &c.
Ordered that a citation issue from this Court against Daniel Shannon to show cause why he let Mathias Toler Junr. remove out of the county before he gave surity for the maintenance of a bastard child sworn to him by Sarah Lutts.
Ordered that John Scur have the right of administration on the estate of Elizabeth Scur decd. and offers Benjamin Taylor & Jeremiah Land securities in the same, Two thousand pounds, administrator appeared & qualified and gave bond.
Ordered that Colo. Thomas Poyner go on the premises in dispute between Charles Herbert & Clement Hill & survey the same & make return of the proceedings agreeable to act of assembly.
Court adjourned until tomorrow morning 8 o clock.
[Friday, February 28, 1800]
Court met according to adjournment.
Present: Willis Etheridge, Joseph Ferebee, Samuel Ferebee Esquires.
Ordered that William Brumsey renew his Constable bond & offers Joseph Ferebee & Andrew Duke securities...250 pounds.
[20a]
Ordered that Wallis Bray be appointed overseer of the Road leading from Courthouse to Tulls
Creek in the room and stead of Simon Mathias he complying with the law in such case made and
provided.
Ordered that Jacob Perkins present sheriff pay to Solo. Alcock former Sheriff one pound eleven shillings out of the county tax of the year 1798.
John Dean came into open Court and offers John Williams & Robert Poyner securities in the sum of one thousand pounds for his performance of a former order respecting the goal [sic: gaol or jail] of Currituck County.
Ordered that the following persons attend as Jurors to the Edenton Superior Court of Law to wit to be held on the 6 of April next to wit Samuel Jarvis Junr., Andrew Bates Esq., Philip Dauge, Francis Morse, Daniel Dunton.
Ordered that the following persons attend as Jurors to May Term 1800 &c. to wit Nathan Oneel, Levin Dunton, Levin Ballance, John Mackie, John Weskitt, John Jimmison (?), Caleb Burkit, William Etheridge, Benjamin Cox, James White, John Humphries, James Harris, Samuel Phillips, Benjn. Taylor Senr., Daniel Lindsey, Thomas Sanderson Orph., Thomas Heath, William Maund, John McHorney Senr., John Sawyer, John William Shoar, Isaiah Parr, John Fisher, Josiah Nicholson, James Cowell, Elias Williams, John Williams, John Simpson, Samuel Etheridge, Jacob Litchfield. James Etheridge and William Brumsey Constables to attend.
[21]
Ordered that William Simmons Esq. have the right of administration on the estate of Frederick
Lee decd. and offers Andrew Duke & Solomon Alcock securities...50 pounds...administrator
appeared and qualified and returned an Inventory.
Ordered that Isles Simmons guardian to Eleander (?) Lindsey orphans be paid out of the County the sum of five pounds it being the verdict of the Jury for Damage done crossing the orphans land by a Road from Courthouse to White (?).
Ordered that John Scurr be appointed guardian to Benjamin Scurr agreeable to his own choice and offers Jesse Perry and Joseph Ferebee securities...500 pounds.
Ordered that the administrator of the estate of Elizabeth Scurr decd. sell the perishable estate of said decd. and make return to next Court.
Ordered that the Sheriff pay to the Administrator of Elizabeth Scurr deceased the sum of thirty pounds currency it being the Damage the Jury asses in the Road Crossing her land &c. from Courthouse to Willoughby Whites Lane.
Ordered that all former orders for auditing and selling Decd. estates be continued for Return.
Ordered that the Clk. grant tickets in sundry suits agreeable to memorandum found by Samuel Ferebee Esq. of Peter Dauge Decd. and be Taxed on a Bill of Cost &c.
Came into Court Jonathan Lindsey, Edward Hardy & Aaron Bright and qualified in Open Court as Justices of the Peace for Currituck County by taking the oath...
[21a]
On hearing the petition of Keziah Sanderson and Mary Sanderson praying that the land of their
father Jesse Sanderson decd. be divided among his lawful representatives agreeable to their
prayer.
Ordered that Daniel Lindsey, Lamuel (Samuel?) Taylor, Nathan O Neel, Benjamin Taylor Senr.,
and Jonathan Taylor be appointed commissioners with the County surveyor to meet on the
premises of Jesse Sanderson decd. & divide his real estate amongst his lawful representatives
agreeable to act of assembly in such made and provided and according to the prayr. of the Pettrs.
On hearing the pettn. of Joseph Rollins by Thomas White for Division of real estate &c.
Ordered that Daniel Lindsey, Thomas Sanderson, Nathan Poyner, Hadley Woodhouse &
Benjamin Taylor Senr. be appointed commissioners with the County surveyor to meet on the
premises of Ezekial Rollins decd. and divide the real estate of said decd. amongst his lawful
representative & according to the prayr. of the pettr. and agreeable to act of assembly in such case
made and provided &c.
[Signatures]: Joseph Ferebee, Aaron Brite, Wm. Simmons, Lazarus Linton, S. Ferebee
Court then adjourned untill Court in Course
Test: T. Baxter Dy. C.C.C.
[22]
Acct. of Sales & Inventorys at
February Term 1800
Acct. of sale of the estate of Bridget Midgett decd., Jurat Jeremiah Midgett, amount 46-6-2.
Acct. of sale of the estate of John Gordon decd., Jurat David Jones, amount 8-19-0.
Acct. of sale of the estate of Ambros Beesley decd., amount 92-6-9.
Acct. of sale of the estate of Sarah Dauge decd., amount 22-19-6.
Acct. of sale of the estate of Jacob Caffee decd., amount 33- 9-0.
Acct of sale of the estate of Seth Halstead decd., amount 238-19-11.
Acct of sale of the estate of Luke Cherry decd., amount 385-13-3.
Acct of sale & rent of land belonging to the orphans of George Caffee decd, Jurat Thomas
Poyner, amount 5-0-0.
Acct. of sale & hire of the Negroes belonging to the orphans of George Caffee decd., Jurat
Thomas Poyner...20-15-0.
Acct. of sale & rent of land & hire of Negroes belonging to Lemuel Sanderson, Jurat Thos.
Poyner...43-6-0.
Acct. of sale & hire of Negroes belonging to Mary Sanderson, Jurat Thos. Poyner...38-6-0.
Acct. rent of land & hire of Negroes belonging to Lemuel Sanderson, Jurat Thos. Poyner...61-1-0.
Acct. of sale of the hire of the Negroes belonging to Keziah Sanderson, Jurat Thos. Poyner...7-0-0.
Acct. of sale of the hire of the Negroes belonging to Nancy Sanderson, Jurat Thos. Poyner...51-6-5 3/4.
Acct. of sale of the hire of the Negroes belonging to Nancy Sanderson, Jurat Thos. Poyner, year
99...35-13-0.
Acct. of sale of the hire of Mary Sandersons Negroes for the year 1799, Jurat Thos. Poyner...26-10-3.
Acct. of sale of hire of Negroes belonging to Betsy Sanderson, Jurat Thos. Poyner...27-5-4.
Acct. of sale of the hire of Negroes belonging to Keziah Sanderson, Jurat Thos. Poyner...11-1-0.
Acct. of sale of Betsy Sandersons Negroes for the year 1799, Jurat Hadley Woodhouse...21-1-0.
Acct. of sale the rent of the land belonging to Hezekiah Woodhouse Senr. for year 99, Jurat H.
Woodhouse...1-1-0.
Acct. of sale rent of land belonging to Hezekiah Woodhouse Senr., Jurat Hadley Woodhouse...1-0-0.
[22a]
Acct. of Sales, Inventorys & Acct. Currents Feby. 1800
Acct. of Lemuel Poyners property and Negroes 4 years for his victuals & clothes Jurat Benjamin
Poyner...0-0-0.
Acct. of sale of Mary Poyners orphans property Jurat Benjamin Poyner...1-0-0.
Acct. of sale of the property of Julia Poyner Jurat Benjamin Taylor Senr....9-5-0.
Acct. of sale of the property of Samuel (Lamuel?) Poyner Jurat Benjamin Taylor Senr....2-9-0.
Acct. of sale & rent of the land belonging to the orphans of Lemuel Poyner decd. Jurat B. T....0-11-0.
Acct. of sale of Lovey Simmons property Jurat Benjamin Taylor Senr....9-5-0.
Acct. of sale & rent of the land belonging to Ezekial Rollins orphans Jurat Thos. White...0-15-0.
Acct. of sale & rent of land & hire of Negroes belonging to James Chaplin decd. orphans...37-0-0.
Acct. Current
Appraisement & Division of the Estate of Jesse Etheridge Decd. Viz...}
Lovey Etheridge Part....229-5-7 3/4.
Lemuel Etheridge Part....229-5-7 3/4.
Ann Etheridge Part...229-5-7 3/4.
Jemima Etheridge Part...229-5-7 3/4.
Audited Acct. with the Estate of Seth Halstead decd. & Elias Dauges heirs}
Ballance due Salley Dauge...51-18-7.
Ballance due Ann Dauge...50-14-10.
Ballance due Elizabeth Dauge...51-2-8.
Ballance due Tully Dauge...52-3-4.
Ballance due Mary Baxter...98-2-7.
Audited Acct. with the estate of John Merchant decd. with Sarah Merchant Admr.}
Ballance due the administratrix S. M....19-8-5.
[23]
Audited Accts Inventorys &c.
Feby. Term 1800
Peter Ballentines audited acct. with the estate of John Brooks decd. Ballance due the estate of John Brooks...241-16-7.
Audited acct. with Mary Poyner former guard. of Mary Poyner orphan with Benj. Poyner present
guardian. Ballance due orphan...23-7-0.
Audited acct. with Mary Poyner former guardian of Lemuel Poyner orphan with Benjamin Poyner
guard. Ballance due orphan...22-7-0.
Audited acct. with Mary Poyner former guar. of Saml. Poyner Orph. With Benj. Taylor Senr.
present guard. Ballance due orphan...22-7-0.
Audited acct. with Mary Poyner former guar. of Julia Poyner orphan with Benjn. Taylor Senr.
present Guar. Ballance due orphan...27-7-0.
Audited acct. of Spence Walker with the estate of Simeon Taylor decd. Ballance due the estate
of Simeon Taylor...2-10-7 ½.
Inventory of the estate of Daniel Ballance decd. Proved.
Inventory of the estate of Bridget Midgett decd. Proved.
Inventory of the estate of Seth Halstead decd. Proved.
Inventory of the estate of Frederick Lee decd. Proved.
Inventory of the estate of John Lee decd. Proved.
Inventory of the estate of Sarah Dauge decd. Proved.
Inventory of the estate of Stephen Midgett decd. Proved.
Inventory of the estate of John Gordon decd. Proved.
[23a]
Deeds, Deeds of Gifts & Bills of Sale &c.
Feby. Term 1800
Deed from Samuel Gregory to Luke Gregory Jurat Nathan Hall Esq.
Deed from William Ward to Simon Matthias Ack.
Deed from Obediah Caps [to] William Poyner Ack.
Deed from Jesse Simmons to Thomas Harvy Jurat.
Deed from Dennis Dauge to Saml. Simmons [and?] Jacob Perkins Jurat Samuel Ferebee.
Deed from Isaiah Parr to Jacob Perkins Ack.
Deed from Samuel Salyear to John Morris Ack.
Deed from John Burton to Obediah Caps Jurat Agr.(?) Etheridge.
Deed from John Doxey to William Tatum Ack.
Deed from Malachi Thomson to James White Ack.
Deed from Thomas Parker & wife to Jacob Dunton Jurat C. V. H.
Deed from Joseph Evans & wife to Richard Jarvis Ack.
Deed from William Burton to John Brabbell Jurat A. Soals.
Deed from Richard Dauge et. al. to Thomas Harris Acknowledged.
Deed from Thomas Gibson to Henry Gibson Jurat D. Shannon.
Deed from William Dunston to Abraham Dunston Jurat Saml. Benson.
Deed from Edward Doughty to Maximillian Bowren Jurat Lewis Cox.
Deed from Jacob Dunton & wife to Andy L. Thomson Jurat C. V. H.
Deed from Jacob Dunton & wife to Andy L. Thomson Jurat C. V. H.
Deed from William Ward from to [sic] Simon Matthias Ack.
Deed from Andrew Bates to Embly Bunnell Ack.
Deed from Caleb Church to Brickhouse Bell Jurat Wm. Lurry.
Deed from Edward Doughty to Maximillian Bowren Jurat Lewis Cox.
Deed from Luke White to Vinson White Jurat M. Jones.
Deed from Jesse Simmons to Andrew Bates Ack.
Deed from Lazrus Linton to John & Charles Williams Acknowledged.
[24]
Deeds, Bills of Sale &c.
Feby. Term 1800
Deed from W. M. Poyner & wife to Obediah Caps Ack. The feme Covert being privately
Examined by Samuel Ferebee Esq. who sayeth she freely Relinquisheth her Right of Dower. Test
T. Baxter Dy. C.C.C.
Deed from Lamb Cherry to Willis Cherry Jurat Jos. Cherry.
Deed of Gift from Willoughby White to Willoughby Ballance grandson Acknowledged.
Deed of Gift from Willoughby White to Leven Ballance, Daniel Dunton & Caleb Tatum was
Acknowledged in Open Court.
Bill of Sale from Robinson Calo (?) to John Williams Jurat
Malachi Jones.
Bill of sale from John Litchfield & Selby Barco to Samuel Gregory Jurat Lemuel Mitchell.
Bill of sale from William Scott to Judah Gregory Jurat Samuel Ferebee Esq.
Bond from Michaill Mackentur (?) to the Court, Solomon Alcock & Jeremiah Mercer securities in
the sum of Two hundred pounds current money.
[24a]
State of North Carolina
Currituck County} November Term 1799
To the Sheriff of Currituck County greeting.
You are hereby commanded to summons a Jury of good and lawful men unconnected with the
parties together with the County Surveyor to meet on the premises of Lemuel Simmons decd. and
lay off & set apart unto Susanna Simmons widow her Right of dower in said lands which to her
ought of right to be allotted her and that you the said Jury make return of your proceedings to our
next Court of Pleas and Quarter Sessions to be held at the Courthouse in Currituck on the Last
Monday in Feby. next. Witness: Spence Hall Clerk of the said Court at Currituck the XXIX Day
of November and XXIV year of our Independence Anno Dom 1799. T. Baxter Dy. C.C.C.
State of North Carolina
Currituck County} In obedience to the annexed order of Court We the subscribers being
summoned by the Sheriff having met on the premises and after being qualified have proceeded to
lay off and set apart unto Susanna Simmons her right of Dower in her Decd. husband Lemuel
Simmons plantation that is to say Beginning at a stake on the East side of the Main road and
North East corner of said Simmons decd. plantation thence running a Southwardly course along
the West side of the Main road about seven and a half chain to a Gum Stake thence a Westerly
course across the plantation to a marked Gum thence a Northerly course to the North West
corner of said plantation thence an easterly course to the Beginning containing about Ten acres of
Land and also said Susanna Simmons to have the priviledge of Rail Timber and fire wood to
support her third during her natural Life. Given under our hands and seals this Twenty fourth day
of January 1800:
Absalom Dolbe, W. M. Gray, Caleb Coats, Willoughby (his x mark) Cooper, Jacob Sawyer,
Jonathan Lindsey, Nathan Hall, Levi W. Hall, Samuel Jarvis, John Aydlott, Thomas Dowdy,
Lemeul (his x mark) Gregory. Witness: Thos. Poyner Senr. Recorded & examined this 14th day
of March 1800 per T. Baxter Dy. C.C.C.
[25]
Currituck County...November Term 1799
Present the Justices
Ordered that the Sheriff summons a Jury of good and lawful men together with the County Surveyor to meet on the premises of Peter Dauge decd. and lay off and set apart unto the said widow her Right of Dower which ought of rights to be assigned her agreeable to an act of assembly made and provided and that you the said Jury make return to our next Court of Pleas and Quarter Sessions to be held at the Courthouse for the County of Currituck on the last Monday in February next witness Spence Hall Clerk of the said Court at Office the XXIX day of November and XXIV year of our Independence Anno Dom 1799. [A plat is included, along with detailed description of the land].
State of North Carolina
Currituck County} Pursuant to an order of November Term last we the subscribers being
summoned and qualified on the premises have proceeded to lay off the cleared land of Peter
Dauge decd. upon the Swamp Beginning at a corner of the field near Jacob Guilford's house...to
James Dauges New ditch...to the beginning Containing 44 acres.
Then for Cloe Dauges third we begin where James New ditch intersected the old line (?) double
ditch along the double ditch...an old ditch near where Jesse Parr lives...along said old ditch...to a
ditch then down that ditch...to a woods a Sweet Gum the Southward ...to the beginning
Containing 14..2..26 on which Island the houses where Jesse Parr lives Given under our hands
and seals the 26th day of Decr. 1799.
Caleb Sears, Richd. Hutchings, Richd. Gregory, Mitchaell Gregory, Brickhouse Bell, John
Humphries, Caleb (his x mark) Gregory, William (his x mark) Hutchings, Joel Kinnion, Joseph
Gregory, Saml. (his x mark) Whitehurst, Isles Simmons.
Test S. Ferebee Dy Co. Scr.
Recorded and Examined this 14th day of March 1800 per T. Baxter Dy. C.C.C.
[25a]
[A plat is included with the following entry].
North Carolina
Currituck County} Pursuant to an Order of November Term Last we the subscribers Being
Summoned & Qualified on the Premises have proceeded to Lay off the cleared land of Peter
Dauge decd. called the Chopt Poplar Plantation Beginning at a ditch by the Road near the House
that Henery Hanners lives in then along the Road...to Corner of fence...to a back ditch along the
same...to Road along the same...then to the Beginning containing 42a. 1r. 32p.
Then for Cloe Dauges thirds we begin at the beginning ditch and down the same...to a beach &
Holley she the said Cloe to have the Eastward side containing 14a. 0r. 24p. Given under our
hands and seals this 27th day of Decr. 1799.
Caleb Sears, Richd. (his x mark) Hutchings, Richd. Gregory, Mitchaell Gregory, Brickhouse Bell,
John Humphries, Caleb (his x mark) Gregory, William (his x mark) Hutchings, Joel Kinnian,
Joseph Gregory, Saml. (his x mark) Whitehurst, Isles Simmons.
Test: S. Ferebee Dy. Co. Secr.
Recorded and Examined this 14th Day of March 1800 per T. Baxter Dy. C.C.C.
[26]
[A plat is included with the following entry].
State of North Carolina
Currituck County} Pursuant to an order of November Term Last. We the subscribers being
summoned and qualified on the premises have proceeded to lay off the cleared land of the manner
Plantation of Peter Dauge decd. Beginning at the Corner Next the Swamp on Road Side...to a
corner maple...to Corner of S. Barnard's fence...to J. Perkins fence then along his line...to Road
then along Road...to Cross Road by the trak then along the Swamp Road to the Beginning
Containing 59a. - 1r. - 34p. then for Cloe Dauges third Beginning at the Cross Road by the Trak
& along the Road...to a Savin (?) tree then...by the well & a cross the Plantation a Straight
Course to a persimon tree over the back fence then southwardly to the Swamp Road then
Eastwardly to the Begn. Containing 19a. - 3r. - 11p. on which third all the buildings where the
said Peter Dauges Decd. formerly Lived in Given under our hands and seals the 27th Day of Decr.
1799.
Caleb Sears, Richd. (his x mark) Hutchings, Richd. Gregory, Brickhouse Bell, John Humphries,
Caleb (his x mark) Gregory, William (his x mark) Hutchings, Joel Kinnian, Joseph Gregory, Saml.
(his x mark) Whitehurst, Isles Simmons.
Test: S. Ferebee Dy. Co. Secr.
Recorded & examined this 14th Day of March 1800 per T. Baxter Dy. C.C.C.
[Note at bottom of page]:
Mitchl. Gregory 8 C. Gregory 8 Wm. Hutchings 8/ J. Simmons 7/6 the rest give in their time.
[26a]
Currituck May Term 1799. Present the Justices.
Ordered that Nathan Hall Esq., Jonathan Lindsey, John Simmons, and John Aydelott set apart and
allot such part of the Stock Crop and Provisions of Lemuel Simmons decd. as may be sufficient
for the maintenance of said decd. widow and family for one year agreeable to an Act of
Assembly...
Test: S. Hall C.C.
July the 27th 1799 agreeable to a Order of Court to us Directed have met and Set off Provision for
one year for the said Widdow and family.
We set off one Barrel of Pork that was sold at the Vendue at Ten pounds and the widdow bought
it...10 pounds.
We set off five Barrels of corn at two pounds ten shillings a barrel and the widdow bought the
corn...12 - 10 - 0.
One Tub of fat supposed to be 30 wt. of hogs fat the fat was sold at the vendue and the widdow it
[aboat?]...1 - 18- 0.
The above provisions was sold at Vendue for the above sums and Our opinion is that this our
Return is to be a set off for the above Term on the Account of Sale of said estate.
One Bushel salt four Gallons Honey.
Agreeable to order of Court May 1799 We the Subscribers have met and set off the above
Provisions for the support of the widdow and family for one year Given under our hands This date
is above.
Nathan Hall, Jonathan Lindsey, John Simmons, John Aydelott
Recorded & Examined this 19th Day of March 1800 By S. Hall C.C.C.
[27]
Pursuant to an Order of November Court 1799 to us Directed we the Subscribers have met at the
late Dwelling house of Ambros Beasley Deceased & have allotted & Set apart for the
Maintenance of his Widdow Nancy Beasley & family for one year so much of his stock crop &
provisions as we think will be sufficient which is as follows Viz...
All the corn supposed to be six barrels, Eight Hogs being all that Belonged to the Estate of the
said Deceased, three bushels wheat, a small quantity of Peas in the Hull Supposed to be about one
Bushel, a small quantity of _____? about 20 wt., fourteen bushels Potatoes, one bushel salt, one
Quart Honey & Two pounds Sugar.
Given under Our hands and Seals this 7th Day of December 1799
Nathan Hall, Josiah Simon (?), John Macoy.
Recorded & Examined this 19th Day of March 1800 By S. Hall C.C.C.
[27a]
State of North Carolina
At a Court of Pleas and Quarter Sessions begun and held for the County of Currituck at the
Courthouse in said County on the Last Monday of May being the 26th Day of May in the year of
Our Lord 1800 and Continued by Adjournment till the 30 of May 1800
Present: Willis Etheridge, James Phillips, Joseph Daniel Esquires.
Ordered that the Venirre (?) be Called.
Grand Jury Impaneled and Sworn to wit: John Humphries Foreman, Josiah Nicholson, Nathan Oneel, Benjamin Cox, William Maun, John Mahorney, John Fisher, James Cowel, Elias Williams, John Williams, John Simmons, Samuel Etheridge, Jacob Litchfield
William Brumsey qualified to attend the Grand Jury as Constable.
The Last Will and Testament of Peter Padrick was Exhibited in Open Court and Proved in Due form of Law by the Oath of John Conway a subscribing witness...Sarah Padrick widdow of the said deceased Qualified Executrix thereto.
Ordered that Rachel Etheridge have the right of administration on the Estate of Thorogood Etheridge decd. at the same time the administratrix appeared in Court was Qualified and give bond with Charles Bradley and Joseph Gee securities...200 pounds...and returned an inventory.
Ordered that Rachel Etheridge administratrix of the Estate of Thorogood Etheridge sell the perishable part of said decd. estate & make return to next Court.
[28]
Levi W. Hall came into Court and Relinquishes his Guardianship in right of his wife to the
orphans of Thomas Jarvis decd.
Ordered therefore that John Williams of Indian Town be appointed guardian to the said orphans
to wit Jonathan Jarvis, Susanna Jarvis, & Thomas Jarvis at the same time the guardian gave bond
with John Lamb & Mitchel Simmons securities...500 pounds for each orphan.
Ordered that John Lamb have the right of administration on the estate of Christopher Hutchins decd....administrator qualified...bond with John Williams & Mitchell Simmons...400 pounds...& returned an inventory...
Ordered that the Clerk of this Court Issue Executions on all allowances made by the Court for the Maintenance of Bastard Children if Required.
Ordered that Zebulon Beacham have the Right of Administration On the Estate of John Beacham Decd. at the same time the Admr. Qualified and Gave bond with Clemment Hill & John Hill securities...100 pounds and Returned an Inventory...
Ordered that the Administrator of the Estate of John Beacham Decd. sell the Perishable part of said Decd. Estate & Make Return to Next Court.
On hearing the Petition of Rachel Etheridge Relict of Thorogood Etheridge Praying that
Maintenance May be allotted her & family Out of her Decd. Husbands Estate agreeable to an Act
of Assembly in such Case made & Provided
Ordered therefore that Thomas Marchant Esquire Malechi Read Aurther Turton & Edward West
Set apart and Allot to the Said Rachel Etheridge such part of the Stock, Crop & Provisions
belonging to the Estate of Thorogood Etheridge Decd. as may be sufficient for the Maintenance
of the said Widdow & family for one year...and that they make return thereof to Next Court.
The Court then Adjourned till tomorrow 10 Oclock.
[28a]
Tuesday the 27th of May 1800
Present: Willis Etheridge, Andrew Bates, John Northern Esquires
Ordered that Elizabeth Linton be allowed Twelve pounds per year for the keeping a bastard Child begotten on her body by John Cox to commence the 27th of January past to be paid in Equal Quarterly payments.
Ordered that Samuel Langly have leave to keep an Ordinary at his now dwelling house and offers Benjamin Taylor & Joshua Simpson securities...100 pounds...
The Last Will and Testament of John Simmons was Exhibited and proved by the Oath of Daniel Shannon at the same time Anna Simmons Executrix therein named qualified in Open Court and Returned an Inventory on Oath &c.
Exhibited and proved by the Oath of James Philips Esq. & Wm. (?) Proby (?) a deed from John Mason & wife to John Mitchell & Proved to Be the handwrite of the said John Mason therefore ordered to be Registered.
Hanna Twiford late Hanna Creef Came into Court & Relinquished her guardianship to Robert Fletcher orphan of Thos. Fletcher Decd. in Favor of Moses Caps who offered Josiah Nicholson & Colo. Andrew Duke Securities...400 pounds...
Ordered that Henry West be appointed Guardian to Salley Lee Orphan of John Lee Decd. and Offers Obediah Caps & Embley Bunnill securities...500 pounds.
Ordered that Thomas Allison have the Right of Administration on the Estate of Margaritt Nichols - an idiot Late decd. and offers Josiah Cherry & Peter Culpeper Securities...300 pounds.
[29]
Ordered that Mary Beesley be allowed fifteen pounds for the maintenance of a Bastard child
begotten on her body by William Norton for one year to commence the 6th day of Novr. 1798
with a deduction of fifteen dollars for what he has Already paid & Twelve pounds for the present
year to be paid in Equal Quarterly payments &c.
Ordered that Euphan Etheridge be allowed twelve pounds for the Maintenance of a Bastard Child begotten on her body by Cornelius Powers to Commence from the 18th of March 1800 and to be paid in equal quarterly payments.
The Court Proceeds to the Appointment of a Sheriff and J. Perkins Esqr. was Nominated Cosen
(?) and ____t Continued Justices Present to wit:
Evan Jones Esq., John Northern, Andrew Bates, Jonathan Lindsey, Joseph Daniel, Willis
Etheridge, Andrew Duke, Samuel Salyear, James Phillips, Samuel Ferebee, William Simmons,
Joseph Ferebee.
Ordered that J. Perkins Esq. Sheriff be Allowed the sum of Twenty five pounds extra services for the year 1799 to be paid out of the County tax and forty shillings for Summoning a Jury and Straightening the Road Between Samuel Whitehurst and Phillip Dauge &c.
Ordered that John Brown Esq. States Attorney for the County of Currituck be allowed the sum of sixteen pounds a year since the last allowance made him by the Court for his Extra Services &c.
[29a]
Ordered that S. Hall Esqr. Clk. of Currituck County Court be allowed for his extra services the
sum of seven pounds one shilling for the year 1799.
Ordered that Thomas Merchant Esq., Malachi Read & John Hill audit and settle the accounts of John Dauge executor in right of his wife with the Estate of Benjamin Dauge decd. and make return to next Court &c.
Ordered that John Salyear be bound an apprentice to Nathan Tatum to learn the trade of a mariner till he arrives to the age of Twenty one years.
Ordered that Anthony Simmons be appointed constable for Morses Point and Knotts Island district and offers James Phillips Esqr. & Malachi Jones securities in the sum of 250 pounds...he Qualified by taking the Oath by Law Appointed.
Ordered that William Simmons have the Right of Administration on the Estate of James Banks Decd. and offers James Phillips and Aaron Bright Esqr. securities...150 pounds...administrator qualified & Returned an Inventory.
Ordered that Henry West have the rights of administration on the Estate of Sarah Lee Decd. and offers Obediah Caps and Embley Bunnill securities...six (?) hundred sixty pounds...admr. Qualified &c. and Returned an Inventory on oath.
Ordered that the administrator of Sarah Lee Decd. sell the perishable part of said decd. Estate and make Return to Next court.
Ordered that Samuel Ferebee, Robert Barnard, Brickhouse Bell & Christopher Williams...audit and settle the accounts of Enoch Gregory Exr. on the Estate of Griffith Gregory Decd. with said decd. Estate and make return to next court.
[30]
Ordered that Zebulon Lee have the right of administration on the estate of Jackson King decd.
and offers Josiah Etheridge and Solomon Jarvis securities...200 pounds...admr. Qualified.
Ordered that the administrator of the Estate of James Banks decd. sell the perishable part of said Estate and make Return to next Court.
State vs. Joshua Culpeper} Issue of Traverse
Jury impaneled and sworn, to wit: Thomas Sanderson, Levin Dunton, Levin Ballance, John
Jimison, William Etheridge, James White, James Hughs, Samuel Phillips, James Bates, Thomas
Heath, Isaiah Parr, Dory Dauge say the defendant is guilty fined 6d.
On hearing the petition of Grace Banks praying for maintenance
Ordered that Thomas Merchant Esqr., Samuel Wilson, Peter Ballentine & Davis Ballentine be
appointed commissioners to lay off and allot unto Grace Banks widow of James Banks decd. such
part of the stock, crop and provision of said Decd. Estate as may be sufficient for said widow and
family for one year...
...adjourned untill tomorrow 10 Oclock.
Wednesday the 28 [of May 1800]
Present: Willis Etheridge, Samuel Salyear, Andrew Bates Esquires
Ordered that Elizabeth Wicker have leave to renew her Ordinary License and offers Samuel Jasper and William Wicker securities...100 pounds...
[30a]
Ordered that Brickhouse Bell be appointed Overseer of the Swamp Road in the room of Richard
Gregory decd....
Ordered that the Two Children Isaiah and Dorcas Hunt children of Demcey Hunt now bound as apprentices to Jonathan Lindsey Esq. be and is released from their apprenticeship and that the Indentures be cancelled.
Came into Court Julian Simmons upwards of fourteen years of age orphan of Asahel Simmons
decd. and chose Benjamin Taylor Senr. Guardian.
Ordered that Benjamin Taylor Senr. be appointed Guardian agreeable to her own choice and
offers Thomas Sanderson Orphn. and Jacob Perkins securities...500 pounds.
Ordered that Spence Hall, Samuel Ferebee & Edward Bunnill audit and settle the accounts of James Phillips & Andrew Bates Exrs. of James Bray decd. with the said Estate and make Return...
Levin Dunton & wife vs. John Jarvis & etals} Ejectment. Jury to wit:
Thomas Sanderson orp_, John Land, Solomon Alcock, John Jemmison, William Etheridge, James
Hughs, Samuel Phillips, Hollo. Etheridge, Thomas Heath, Wallis Bray, Willo. Morris, Dory
Dauge Impaneled and Sworn say the Defendants are not Guilty...Appeal...
Ordered that Andrew Duke Esquire be appointed Commissioner of the Publick Buildings for the Ensuing Year.
Ordered that the Grand Jury be Discharged.
Ordered that the following Justices be appointed to Revue the Lists of Taxable Property in their
Respective Districts for the year 1800. To wit:
Aaron Bright Esq. Moyock District.
Andrew Bates Esq. Tulls Creek District.
William Simmons Esq. Head of the Creek
Samuel Ferebee Esq. Indian Ridge
Thomas Marchant Esq. Gibbs Woods
James Phillips Esq. Knots Island
[31]
Willis Etheridge Esq. Courthouse District
Andrew Duke Cowing Jock
Samuel Salyear Esq. Narrows
Edward Hardy Esq. from Poplar Branch to J. Lindseys
Jonathan Lindsey Esq. Powels Point District
Thomas Garrett Esq. North Banks
Lazarus Linton Esq. Roanoke Island
Ezekiel Hooper Esq. Kennikeet
Thomas Farrow Esq. Hatterass
and that they return the same in Alphabetical Order...
Ordered that William Hutchins be appointed Guardian to Nancy (?) Hutchins orphan of Christopher Hutchins decd....Guardian gave bond with Joseph Gregory & William Anderson securities...___ hundred pounds.
Ordered that Willis Etheridge Esq. be allowed three shillings and six pence for each of the grants & conveyances he has transcribed in the Registers Books...
Ordered that the Sheriff collect three shillings on each Pole and one Shilling on Each hundred Acres of land in this County for the year 1799.
Ordered that Andrew Duke Esq. and James Etheridge be allowed Twenty shillings each for attending to examine the grants conveyances...ordered before to be transcribed & which he has transcribed.
Ordered that Jacob Perkins Sheriff pay eight pounds to William Blair Esq. for the acts of assembly compleat to 1799 and for one of Haywood Report for the use of the Court, and that he be allowed the same out of the County Tax.
Ordered that the Commissioner of Publick Buildings rent out to the Highest Bidder for one year the House Built on the Publick Ground by John Slaight (?) and return the ______ office Next to Court.
...Adjourned till tomorrow morning 10 oclock. Test: S. Hall C.C.C.
[31a]
Thursday May the 29th 1800
Present: Samuel Salyear, Lazarus Linton, Thomas Poyner Esquires.
Ordered that Nathan Hall, Thomas Poyner & Edward Hardy Esqs. appraise a Negro Man Cornelius the property of Charles Lindsey orphan of Thomas Lindsey Decd. which was Lost in the Possession of Thomas Whitehall and make return of the proper Value of said Negro Man to Next Court.
Ordered that Aaron Bright Esquire be appointed guardian to Jeremiah Sexton son of William Sexton Insain at the same time the Guardian give bond with Saml. Salyear & Samuel Ferebee Esquires securities in the sum of Three hundred Pounds.
Nathaniel Hutchins vs. Peter Morriset} Appl. Warrt. } Jury to wit Thomas Sanderson, Levin Dunton, Levin Ballance, John Jamison, William Etheridge, James White, James Hughs, Saml. Phillips, Benjamin Taylor, Thomas Heath, Isaiah Parr, Dorey Dauge Empaneled & sworn say the Defendant did assume and assess 5-15/7 Damages & 6d cost.
The Devisees of Richard Gregory decd. vs. The Legatees of the said Richard Gregory} Disputed Will } Jury the same as above Empaneled and Sworn say the Will Exhibited is not the true Last Will & Testament of the Said Richard Gregory Decd.
[32]
Willoughby Morris vs. Peter Brays Admx.} Appl. Warrt.} Jury the same as No. 2 Except 4 Dory
Dauge Joseph Lindsey in his Stead Impaneled & sworn say the Defendant Intestate did Assume
and assess for the Plaintiff 9-0-0 & 6d cost.
Samuel Salyear vs. Nathan Poyner} Case } Jury the same as No. 4 Except Benjn.Taylor & Thos. Sanderson Wallis Bray and William Poyner in their Stead Impaneled & sworn say the Defendant is not Guilty [This item is crossed out with several large "Xs"].
Ordered that Moses Caps who was appointed at this Term Guardian to Robert Fletcher orphan of Thomas Fletcher decd. appear at the Clerks office with his securities and give Bond agreeable to his said appointment any time between this & Next Court & That the Clerk Take Bond accordingly.
Ordered that William Simmons Esqr., John Walmsby, Willis Simmons & Samuel Simmons...audit and settle the accounts of John Wheatly Admr. of the estate of John Campbell Decd. with said Estate and Make Return to Next Court.
Jeremiah Land vs. Linner Bray} Appl. Warrt.} Jury the same as No. 4 Empaneled and Sworn say the Defendant Did assume and assess for the Plaintiff 4-11-8 & 6d. cost.
Ordered that Joseph Gregory have the right of Administration on the Estate of Richard Gregory decd. at the same time the Administrator Qualified & Give bond with Samuel Ferebee Esqr. & Phillip Dauge securities the sum of one thousand pounds.
Ordered that the Admr. of the Estate of Richard Gregory Decd. sell the perishable part of the said estate and make return to Next Court.
Samuel Salyear Senr. vs. Nathan Poyner} Case. Jury the same as No. 4 Except Thomas
Sanderson William Poyner in his stead Empaneled & Sworn say the Defendant did assume is
guilty.
[32a]
In the Suit of Ejectment tried this Term Leven Dunton & Wife against John Jarvis & Others the
Jury Brought in Verdict that the Defendant was Not Guilty.
The Plaintiff being dissatisfied with the Verdict Prayed an appeal to the Superior Court of Law
and Equity to be held for the District of Edenton at the Courthouse in the Town of Edenton on
the Sixth Day of October Next which was granted on his giving Bond with Andrew Duke Esqr.
and William Brumsey securities in the Sum of Two Hundred Pounds...& his Atty. Filed the
following Reasons to wit:
Doe on the Demise of Dunton & Wife vs. Roe & Jarvis} Currituck May Term 1800. Verdict for
the Defendants.
The Plaintiff in this case being dissatisfied with the Verdict Prays an appeal and offers the
Following Reasons to wit that the Verdict of the Jury was Contrary to Law and Evidence which is
in my Opinion Sufficient in Law for the allowance of said appeal.
W. Slade Ptfs. Atty.
Ordered that Joseph Ferebee, William Simmons, Samuel Ferebee Esquire & Willis Simmons...audit and settle the accounts of William Taylor Decd. Executor of Tallm. Shergold Decd. with said Estate & Make Return to Next Court.
Ordered that Thomas Sanderson be appointed overseer of the Publick Road in the Room & Stead of Charles Griggs who resigned...
...adjourned till tomorrow...Ten Oclock...S. Hall C.C.C.
[33]
Friday May 30, 1800
Present Samuel Salyear, Samuel Ferebee, William Simmons Esquires
Ordered that Lemuel Taylor be appointed guardian [to] Patsey Jones orphan of Joseph Jones Decd....bond with Benjamin Taylor and Jesse Taylor...400 pounds.
Ordered that Joseph Ferebee, William Simmons, Saml. Ferebee Esqr. & Willis Simmons...audit and settle the accounts of John Dean Administrator of the Estate of William Taylor Decd. with said Esate and make Return to Next Court.
Ordered Willoughby Dauge, Dennis Dauge, Samuel Dauge & James Dauge Junr....audit and settle the accounts of William Simmons Administrator of the Estate of William McHains (?) Decd. with the said estate and likewise divide said estate amongst the Lawfull Heirs & Make Return to Next Court.
Ordered that all Order for Auditing & Dividing Decd. Persons Esates that has not been complied with be Continued for Returns to Next Court.
Ordered that Andrew Bates, Samuel Ferebee, Willoughby Dauge & Edward Bunnel...audit and settle the accounts of Jesse Simmons Administrator of Seth Halstead Decd. & make return to next Court.
Ordered that James Cowel be Continued Overseer of the Road in the District he has been heretofore Overseer of.
Ordered that George Poyner be appointed Overseer of the Publick Road from the Courthouse to Caps Path and he act therein agreeable to Law.
[33a]
Ordered that the Sheriff summons John McKeel, John Burket, John Weskett, John Sawyer,
Thomas Cox, Thomas Allison, Lewis Cox, Joseph Gregory, Brickhouse Bell, Robert Barnard,
John Lamb, Philip Dauge, John Sears, Samuel Whitehost, Dennis Dauge, Samuel Dauge, Josiah
Etheridge, James Dauge Senr., Daniel Lee, Caleb Bell, Duke Bell, Davis Ballentine, Maxn.
Bowren, Benjn. Tatum, Hillary Morse, Jonathan Taylor, James Poyner, Samuel Oneel, George
Howard, Mitchel Simmons to Make there Personal Appearance at August Term Next And attend
as Juriors at said Term & that the Sheriff summon Samuel Etheridge & Willis Simmons
Constables to attend the said Court.
John Scurr Admr. De bonis non of the Estate of Talamacus Shergold Decd. came into Court & returned an inventory on oath.
Samuel Ferebee Exr. of the estate of Peter Dauge decd. returned an inventory of said estate on oath.
The Court then Adjourned till Court in Course.
Test: S. Hall C.C.C.
[Signatures]:
Joseph Ferebee, W. Simmons, S. Ferebee
[34]
Deeds Proved & Acknowledged Monday the first Day of May Court 1800...
Deed from William Daniel to Nicholas Daniel Jurat Joseph Daniel.
Deed from David Daniel to Daniel Midgett Jurat Joseph Daniel.
Deed from William Daniel to George Pugh Jurat Joseph Daniel.
Deed from John Gibbons to Peter Padrick Jurat John Conway.
Deed of Gift from Polly (?) Walker to William Cowell [or Carroll?] Jurat James Phillips.
Acct. Sales Audited Accts. and Accts. Current Returned Monday the 26th of May 1800
being the first Day of Court...
Jesse Simmons former guardian to Dennis Simmons orphn. of John Simmons with John Ansell the
Present Guardian Audited Acct. Ballance Due the Orphan as pr. Rent(?) returns...301 [pounds]
14 [shillings] 4 [pence].
Account of sale of the estate of Christopher Hutchins Decd. Return on Oath By Jacob Perkins
Sheriff amount 282 - 9 - 9.
Tuesday the second day of May Court 27th of the Month 1800
Entry of Deeds Proved & Acknowledged, Acct. Sales, Audited Accounts & Accounts
Current...
Deed from Enoch Gregory to Thomas Sanderson Junr. Jurat Saml. Ferebee Esqr.
Deed from John Evans to Thomas Dowdy Jurat Daniel Shannon.
Deed from Joseph Taylor to Thomas White Jurat Benjn. Taylor.
Deed from Thomas Sanderson to Daniel Lindsey Jurat Benjn. Poyner.
Deed from James Dauge to Gidion Gregory Acknowledged.
Deed from Patience Case to Benjamin Taylor Jurat Thomas Heath.
Deed from David Gibson & Demsey [last name unclear - Vial? or Mal?] to Edward Taylor Jurat
Thomas Heath.
Deed of Gift from Sarah Smith to Benjn. Taylor Jurat Thomas Heath.
Deed from Joseph Case to Benjamin Taylor Jurat Thos. Heath.
Deed from Thos. Dowdy to John Evans Jurat Daniel Shannon.
Deed from Andrew Bates Esqr. to John Gray Acknowledged.
Deed from Gidion Gregory to James Dauge Acknowledged.
Deed from William Brable to Tatum Brable Acknowledged.
Deed from William Lunn & wife to Joseph Daniel Acknowledged.
[34a]
Tuesday 2nd Day of May Court 1800 Entry of Deeds Proved and Acknowledged, Return of
Accts. of Sales, Audited Accts &c.
Deed from John Mason & wife to John Mitchel Jurat James Phillips & William Probey(?) As per
Minute Docket Tuesday of this Term.
Deed from Robert Gibson to Edward Taylor Jurat Thos. Heath.
Deed from Thomas Miller to Moses Caps Jurat Josiah Nicholson.
Bond from Benjn. Taylor to Sarah Smith Acknowledged.
Deed from Jesse Perry to Benjn. Taylor Jurat Thomas Heath.
Bond from William Macoy to Luke Cherry Jurat Willis Cherry.
Deed from Sarah Smith to Benjn. Taylor Jurat Thos. Sanderson.
Deed from David Lindsey to Jonathan Lindsey Jurat Richd. Jarvis.
Entry of Accts. Sales, Audited Accts., & Inventorys...
Acct. of Sale of the Estate of Daniel Ballance Decd. Amt. 166 -11 - 10.
Acct. of Sale of the Estate of Tully Dauge Decd. Amount 587 - 4 - 4 3/4.
Acct. of Sale of the Estate of John Simmons Decd. Amt. 39 - 6 - 1.
Joseph Ballentine A/C with the Estate of Carter Bennet (?) Decd. Ballance due the estate as per
Return 492 - 11 - 10.
Susanna Simmons admix. A/C with the Estate of Leml. Simmons decd. Ballance due the estate as
per Return 204 - 15 - 5.
Josiah Cherry A/C with the Estate of James Nichols Decd. Ballance due the Estate as per Returns
136 - 3 - 1.
Inventory of the estate [of] Margaret Nichols Decd. Returned on Oath By Thomas Wilson (?)
Admr.
Inventory of the estate of Tully Dauge Retd. on Oath By Samuel Dozier Exr.
Wednesday 3rd Day of Court May 28th 1800
Deed from Augustine Hobbs to Mathias Toler Jurat Thos. Garrett.
Deed from Persevill Dring to Francis Ferebee Jurat John Clark.
Deed from the same to the same...Jurat the same.
Deed from Thomas Ballance to Willoughby Bennet (?) Jurat John Clark.
Deed from John Hutchins to Caleb Gregory Jurat Jacob Perkins.
Deed from Francis Farrow & wife to Pharoah Farrow Jurat John Clark.
[35]
Wednesday 3rd Day of May Court 1800
Acct. sale of the Estate of William Quidley Decd. Amt. 25 - 10 - 0.
Account sale of the Estate of Stephen Midgett Amt. 140 - 16 - 8.
Acct. sale of the Estate of the Orphans of Jesse Etheridge Decd. Amt.}
of Lemuel Etheridges Part...13 - 16 - 6
Anna Etheridges Part Amount... 12 - 17 - 6
Jamima Etheridges Part Amount... 11 - 14 - 6.
John Clarks audited Acct. with the Estate of Major Clark Decd. Ballance due the Estate as per
Return...216 - 19 - 3.
John Clark audited Account with the Estate of William Oneel Decd. Ballance due the Estate as
per Return ...95 - 19 - 2.
Elias Williams audited Acct. with Bonners Orphans pr. Guardian Malachi Jones Present Guardian
Ballance due Elias Williams former Guardian...3 - 10 - 4.
Thursday 4th Day of May Court 1800
Hezekiah Woodhouse to Leml. Dolby [or Dolly?] Lure [?] Jurat Thos. Poyner.
Peter Morriset to Samuel Poyner Decd. [sic] Jurat Thos. Poyner.
Friday the Last Day of May Court 1800
Deed from John Scurr & Anna Scurr to Jeremiah Land Ackd.
Account of Sale of the Estate of Elizabeth Scurr Amount 594 [pounds]- 85 [shillings].
Acct. of the hire of Whitehalls Orphans Negroes to wit:
Negro Kader to Malachi Mercer for yr. 1800...20 - 00.
Negro Rachel to ditto ditto...6 - 20.
Sarah Cherry the wife of Luke Cherry Decd. & Petitioner for her Maintenance To three Burrows
first choice, 1 ____[?] sow and pigs, ...eight barrels of corn...ten pounds coffee...15 pounds
sugar...5 gallons molasses, some dried beef, six gallons of Brandy and all the Pottry on the
Burnkill.
Pursuant to the above order of Court we the Subscribers have met & Set apart for the use of
Sarah Cherry and Family for one year the above particulars agreeable to the above order given
under our hands this 17th day of December 1799
John Northern, Joseph Ballentine, Thos. Cox, Max. Boren
Recorded & Examined this 4th day of June 1800 per S. Hall C.C.C.
[35a]
Record of Deeds of Real Estate & Other Property Returned May Term 1800
In pursuance to the above Order we the Subscribers have divided the Estate of John Brooks
Decd. orphan of Willoughby Brooks Decd....
Principal Estate...241 - 16 - 7
Expense for the Division...2 - 6 - 0
Portion of Francis Ballentine ...59 - 17 - 7 3/4
Ann Cox ...59 - 17 - 7 3/4
Thos. Brooks ... 59 - 17- 7 3/4
Nancy Brooks alias Ann Brooks ...59 - 17 - 7 3/4
March 21, 1800
Leml. Wilson
John Northern
Simon Wilson
Recorded & examined this 4th Day of June 1800 by S. Hall C.C.C.
State of North Carolina
Currituck County} Agreeable to an Order of Court to us Directed we the Subscribers proceeded
to Divide the Real Estate of Richard Sanderson Decd. in the following manner. That is to say:
Unto Richard Sanderson son of Richard Sanderson Decd. the North part of the tract it Beginning
on the North River Swamp at a Down Chinkepin tree...corner of Malachi Mercer land...East
Swamp...North River Swamp...about 56 acres.
Unto the Heirs of Caleb Sanderson Decd. son of Richard Sanderson Decd. the other Half and
South part of said tract...beginning on the North River Swamp at a Holley at Richard Sandersons
line...East Swamp...Samuel Barnards line...North River Swamp...
[36]
...containing 56 acres land. And at the same time we the subscribers proceeded to divide Caleb
Sanderson Decd. part in the following manner...
Unto Kezia Sanderson No. 1 & bounded as follows: Beginning at Richard Sandersons land on the
North River Swamp at a Holley...East Swamp...North River Swamp...containing about 14 acres
of land.
Unto Mary Sanderson No. 2 & bounded as follows: Beginning on the North River Swamp South
West corner of Kezia Sandersons land...East Swamp...West Swamp...containing 14 acres of land.
Unto Richard Sanderson No. 3 & bounded as follows: Beginning at North River Swamp South
West corner of Mary Sandersons land...East Swamp...North River Swamp...containing 14 acres
of land.
Unto Sarah Sanderson No. 4 & bounded as follows: Beginning at a Pine on North River Swamp
& South West Corner of Richard Sandersons land...East Swamp...Samuel Barnards
line...containing 14 acres of land.
Also we further order that Mary Sanderson that drawed No. 2 pay unto Sarah Sanderson that
Drawed No. 4 the sum of fourteen dollars and that Richard Sanderson that Drawed No. 3 pay
unto Sarah Sanderson that Drawed No. 4 the sum of fourteen dollars.
Given under our hands this 31st (?) day of March 1800.
Daniel Lindsey, Lamb Taylor, Nathan Oneel, Benjn. Taylor, Jonathan Taylor.
Witness Thos. Poyner Survyr.
[Included are sums paid, probably to surveying team. Too faded to read properly].
Recorded & Examined this 4th of June 1800 [clerk's name smudged].
[36a]
[There is a small plat included with the following entry. The entry is faded and very difficult to
read from microfilm]:
The above plan represents 114 acres of land...divided...Joseph Rollings, Thomas Rollings &
Charles Rollings Heirs of Ezekial Rollings decd....Beginning at a pine Thomas Whitehalls
corner...the Main Road...Hadley Woodhouses line...Divided by the Directions of the
Commissioners appointed by the Worshipful Court of Currituck County for Dividing the Real
Estate of Ezekial Rollings Decd.
March 25th Day 1800...Thos. Poyner Surveyr.
State of North Carolina
Currituck County} In obedience to the Court Order of the worshipful Court of the County
aforesaid we the Subscribers have proceeded to Divide the Real Estate of Ezekial Rollings Decd.
in the following manner, that is to say:
Unto Charles Rollings No. 1...Beginning at the Main Road at Hadley Woodhouses line...to said
Woodhouses corner...Main Road...along the Main Road to the Beginning containing 38 acres
land.
Unto Joseph Rollings No. 2...Beginning...on the West Side of the Main Road...Charles Rollings
Corner...Main Road...containing 38 acres.
Unto Thomas Rollings No. 3...West Side of Main Road...Joseph Rollings Corner...
[37]
...Thomas Whitehalls line...Main Road...containing 38 acres...
Charles Rollings to pay unto Joseph Rollings the sum of thirty eight dollars. Charles Rollings to
pay unto Thomas Rollings the sum of seven dollars & sixty cents.
Given under our Hands this 26th day of March 1800 Daniel Lindsey, Thos. Sanderson, Nathan
Poyner, Hadley Woodhouse, Benjn. Taylor.
Witness Thos. Poyner Survr.
[List of fees paid to surveyor et. al.].
Recorded & Examined this 4th Day of June 1800 By S. Hall C.C.C.
Agreeable to an Order of November Term 1799 the men appointed by the Court to divide the Hogs belonging to the Estate of Tully Dauge Decd. [faded words] in the Clerks Office. By S. Hall C.C.C.
Agreeable to an Order of Feby. Court 1800 for Division of the Estate of Carter Bennet Decd. the said men that was appointed to Divide the said Estate made their Return as follows [Unfortunately, the rest of this entry is too faded to read from microfilm. The original record may be readable].
[37a]
[There is a plat included with the following entry]:
State of North Carolina Currituck County} This plan represents 344 acres of land situate in the
state and county aforesaid and bounded as follows:
Beginning at a Pine standing on the West Side of the Main Road...corner of the land formerly
belonging to Ezekial Rollings Decd....now belonging to his son Thomas Rollings...Main
Road...line of Thomas Whitehall...sold to Thomas Jarvis Blacksmith [faded words] to William
Lutts...[much of the rest is faded]...divide the Real Estate of Robert Whitehall Decd. March 26th
1800.
State of North Carolina
Currituck County} Agreeable to [much is faded] ...we the Subscribers have proceeded...of Robert
Whitehall Decd....
Unto Amey Whitehall No. 1...[faded]...
[38]
...Unto Sally Whitehall No. 2...Beginning...Main Road...Amey Whitehall...the Sound...binding on
Amey Whitehalls land...containing 57 1/3 acres of land.
Unto Thomas Whitehall No. 3. Beginning at a Pine standing on the East side of the Main Road
South West corner of Sally Whitehalls thence running southerly along the Main Road...East side
of the Main Road thence ... to the Sound thence Northerly along the Sound side by various
courses to Sally Whitehalls Lane...westerly to the beginning containing 57 1/3 acres of land.
Unto Nancy Gray No. 4. Beginning at a pine standing on the East side of the Main Road...South
West Corner of Thomas Whitehalls land...southerly along the Main Road...East Side of the Main
Road...to the Sound or Dews Quarter Creek...Northerly along the water by various courses to
Thomas Whitehalls ...containing 57 1/3 acres of land.
Unto Polly Whitehall No. 5. Beginning...Main Road...William Lutts line...binding on William
Lutts line to Dews Quarter Creek...along the water by various courses to Nancy Grays
Lane...containing 57 1/3 acres of land.
Unto James Whitehall No. 6. Beginning...East Side of the Main Road and South West corner of
Polly Whitehalls Lane...southerly...to Thomas Jarvises Land he bought of Thomas
Whitehall...Easterly...William Lutts line...Northerly...Polly Whitehalls land...57 1/3 acres [last line
of page is faded]...
[38a]
...pay unto Nancy Gray [faded]...thirty eight dollars also that Thomas Whitehall that drew No. 3
pay unto Nancy Gray [faded]...the sum of nine dollars & fifty cents...that Amey Whitehall that
drew No. 1 pay unto Polly Whitehall that drew No. 5 the sum of thirty eight dollars. Also that
James Whitehall that drew No. 6 pay unto Polly Whitehall that drew No. 5 the sum of nine dollars
& fifty cents.
Given under our [faded]...the [faded] Day of April 1800 Daniel Lindsey, [faded name], Nathan
Poyner, Benjn. Taylor, Lamuel Taylor.
Witness Thomas Poyner Survr.
[List of surveyor's costs].
Recorded and Examined this 4th Day of June 1800 By S. Hall C.C.C.
These court records were abstracted / transcribed by Marty Holland from microfilm of the original records. No part of these records may be used for any commercial purposes. However, please feel free to copy any of this material for your own personal use and family research. If you find anything in these records that pertains to your families, I would strongly suggest that you look at the microfilm on your own to check for errors or possibly other additional and helpful information. Thank you!
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© 2001
Marty Holland