Richard CHURCH estate - Supreme Court 1759
North Carolina Edenton Daniel
SWINEY
Late of Currituck County in the Province of North Carolina Gentleman was summoned
to answer to Caleb CHURCH Administrator of all & singular the goods and
chattle rights and credits which were of Richard CHURCH his late
Father deceased Unadministratored by Abiah CHURCH Wife and Executrix
of the Last Will & Testament of the said Richard CHURCH deceased which said
Abiah did jutestate? of a plea that he render to the said Caleb goods
& chattles to the value of One thousand pounds lawfull money of Great Britain
which from the said Caleb he unjustly detaines etc. and which from the said
Caleb by Jasper CHARLTON his Attorney complains that Whereas the
said Caleb on the first day of January in the year of our Lord One
Thousand Seven hundred & Fifty Eight at Currituck County in the Province afsd.
as Administrator of the sd. Richard CHURCH was possessed of proper goods
and chattles to wit one negroe woman slave named Judith one negroe woman
slave named Bess one negroe woman named Rachaol one negroe woman
boy slave named David one negroe boy slave named Jemmy one negroe
woman slave named Rachaol one negroe woman slave named Dinah one
negroe girl slave named Deset? Rachael? One negroe boy slave named
David one negro girl slave named Bess one negroe boy slave named
David and one negroe man slave named Will Of the Sum of One
thousand pounds sterling as of the proper goods and chattles of him the said
Caleb as Administrator to the said Richard CHURCH and being so
possessed of the said slaves the said Caleb on the first day of January aforesd.
In the year & at the place aforsd. Casually left the said negroe slaves and the
said negroe slaves afterwards that is to say on the first day of January in the
year & at the place afsd. came to the hands and possession of the said
Daniel by his finding the same to????? The said Daniel then was and
now is possessed them nevertheless he the said Daniel tho often required
hath not yet delivered the said negroe slaves to the said Caleb CHURCH
Administrator aforsd. But hath hitherto hath & still doth refuse to deliver & now
unjustly detain the same whereupon the said Caleb declares that he is
injured & endamaged to the value of One thousand pounds lawfull money of Great
Britain therefore he sues & he also brings into Court letters of Administration
as before mentioned.
North Carolina Pasquotank
Co. GC Know all men by these
presents that we Samuel SWANN, Joseph SCOTT & Robart JORDAN all of the
County & Province afsd. are held and firmly bound unto Thomas SAWYER
Sherif of the County aforesd. His heirs executors
administrators or assigns in the just and full sum of Two thousand pounds lawful
money of Great Britain to the which payment well and truly to be made & done We
bind ourselves our heirs executors and administrators joyntly & severally firmly
by these presents sealed with our seals and dated this 20th Day of
September Anno Dom 1759. The condition
of this obligation is such that if the above bounden Samuel SWANN do and
shall make his personal appearance before the Chief Justice and the rest of the
Justices of the Supreme Court of Justice Oyer and Terminer and General Goal
Delivery to be held for the Counties of Currituck Pasquotank Perquimons Chowan
Bertie and Tyrrell at the Court House in Edenton on the second Tuesday in
October next then & there to answer to Caleb CHURCH Administr of
Richard CHURCH deceased of a Plea of Debt Damage One thousand pounds lawful
money of Great Britain and there stand to and abide by the judgment of the said
court and not depart the same without silence first had and obtained that then
the above obligation to be void and of noneffect or else to be in full force and
virtue. Witnesses: Sam SWANN, Jos. SCOTT, Robt.
JORDAN.
Sealed & delivered in the presence of William CALLIS.
North Carolina
Edenton October Supreme Court 1759
Samuel SWANN
late of Pasquotank County in the Province of
North Carolina Attorney at Law
was summoned to answer to Caleb CHURCH Administrator of all & singular
the goods & chattles rights and credits which were of Richard CHURCH his
late Father died unadministored by Abiah
CHURCH
Wife and Executrix of the Last Will and Testament of the said Richard CHURCH
aforsd. & which said Abiah did jutestate of a Plea that he render to the
said Caleb goods and chattles to the nature of One thousand pounds
lawfull money of Great Britain which from the said Caleb he unjustly
detains
etc. and whereupon the said Caleb by Jasper CHARLTON his Attorney
complains that whereas the said Caleb on the first day of January in the
year of our Lord one thousand Seven hundred and Fifty Eight at Currituck County
in the Province aforesaid as Administrator of the said Richard CHURCH was
possessed of proper goods and chattles to wit of one negroe woman slave named
Tallian one negroe woman slave named Hannah one negroe boy slave
named Affrica one negroe boy slave named Ned one negroe girl slave
named Comfort one negroe boy slave named Charles and one negroe
girl slave named Sarah of the Price of One thousand pounds sterling as of
the proper goods and chattles of him the said Caleb as Administrator to the
said Richard CHURCH & being so possessed of the same slaves the said
Caleb on the first day of January aforesaid in the year & at the place
aforesaid casually lost the said negroe slaves and the said negroe slaves
afterward That is to say on the same first day of January in the year & at the
place aforesaid came to the land and possession of the said Samuel by his
finding the same whereby the said Samuel then was & now is possessed
thereof nevertheless he the said Samuel though often required hath not
yet delivered the said negroe slaves to the said Caleb CHURCH Adminor. As
aforesaid but hitherto hath & still doth refuse to deliver & now unjustly
detains
the same whereupon the said Caleb declares that he is injured &
endamaged to the value of One thousand pounds lawfull money of Great
Britain therefore he sues & he also brings hereinto Court the letters of
Administration as before mentioned. /s/ J CHARLTON,
P.Atty
[SOURCE: Manuscript and Archives Reference
System
(MARS); Colonial Records;
MARS ID: 401.3.102 (folder)] |