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Edenton District }
October Term 1796
Superior Court of Law}
The Replication of Joseph GRAY & Mary
his Wife to the plea & amended answer (as it is termed?) of Samuel SALYEAR Defendant.
The replicants saying ____ up to them as all proper
advantage of Exception & for replication say that they deny that the said
Mary ever executed any Release of her Dower in the Estate of her former
Husband Lemuel SANDERSON deceased that as to the Land whereon Henry GIBSON
lived mentioned in the said plea the farm did belong to the said Mary as her
own Estate by devise from her Father John WOODHOUSE deceased & the farm
never belonged to the said Lemuel SANDERSON but as Tenant by the Curtesy;
and as to the Cattle mentioned
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in the said plea, the same was bequeathed to the said
Mary by the Will of the said Lemuel SANDERSON deceased & she consequently
had good right to the same without any agreement or consent of the Heirs of
the said Lemuel; therefore the said Replicants will aver & prove their
said petition to be true certain & sufficient in the Law to be answered unto
& that the said plea & answer of the said Defendant is untrue
uncertain & insufficient to
be replied unto by these Replicants without that & humbly prays as in
they the said Peto they have already prayed.
/s/ Blake BAKER for Repl.
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State of North Carolina
To the Sheriff of Currituck County
Greeting: We command you that you summon a Jury of good & lawful
men of your County who neither and by the said Jury lay off and assign to
Joseph GRAY and Mary his Wife by proper metes and Bounds her Dower of one
third part of a certain Tract or parcel of Land lying and being in your said
County whereof Lemuel SANDERSON the late Husband of the said Mary died
seized
& possessed known and called by the name of Barefield Point which by
the Judgment of our Superior Court of Law at Edenton the said Joseph GRAY
and Mary his Wife recovered against Samuel SALYEAR the Younger Esquire. Herein fail not and make
due return of your proceedings
herein together with this Writ to the Judges of Our said Court at Edenton on
the Sixth Day of October next. Witness William BLAIR Clerk of our said court at
Edenton the XIXth Day of April in the XXIVth year of American
Independence Anno dom. 1800 .
/s/ Will BLAIR Clk
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State of N. Carolina}
Currituck County
}
In Obedience to the Annexed order of the Superior Court
for the district of Edenton, We the Subscribers being summoned by the
Sheriff and having meet on the premises and after being Qualified proceeded
to lay of and set apart unto Joseph GRAY & Mary his Wife, her right of Dower
in the place called the Barefield Point formerly possessed by
Lemuel
SANDERSON decd in the Following manner that is to say
Beginning at a Willow bush standing on the side of a marsh near where the
House stood Whereon Richard BARROT JUNr decd lived then running N 19
M 1 chain to a stake then
N 77 E about 5 chain to a Stake thence So 19 E about 65 link to a Stake
near the said Marsh thence Westerly binding on said Marsh to the aforesaid
willow bush & beginning containing about one acre of land, also the said
Joseph GRAY & Mary his Wife to have the privilege of Rail Timber & fire wood
to support said Mary GRAYs right of Dower in said Barefield point
formerly possessed by Lemuel SANDERSON decd given under our hand this 27th
day of June 1800.
/s/ Thomas HEATH seal
/s/ Samuel BEARNARD seal
/s/ Thomas WHITE seal
/s/ Thomas IVES seal
/s/ Richard [His x
mark] ALLEN seal
/s/ Charles GIGGES? seal
/s/ John [His I marke] McHORNEY seal
/s/ Jarvis [His I marke] ALLEN seal
/s/ James [His x marke] PARKER seal
/s/
Wm LAM seal
/s/ Joseph [His x marke] DOWDAY seal
/s/ Joshua SIMSON seal
Witness Thos. POYNER, Secr
12 Sworn @ 8/a piece
£4.16..0
Surveyor 1...0..0
Chain Barers 0...5..0
Sheriff for his Services 2...0..0
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State of North Carolina
The Plea & Rendered
answer of Samuel SALYEAR
defendant to the Petition of Joseph GRAY & Mary his Wife Petitioners.
The Defendant by protestation not confessing nor
acknowledging all or any of the matters or things in the Petitioners said Petition contained to be true in such manner & form as the same is
therein & thereby alleged for plea unto the said Petition saith that the
said Mary GRAY while she was the widow of Lemuel SANDERSON & before her
inter marriage with the said Joseph GRAY to wit on the ninth day of October
in the year 1775 in consideration that she should be permitted to hold the
plantation whereon a certain Henry GIBSON then lived (being part of the
lands belonging to the estate of the said Lemuel SANDERSON her Husband) did
bind herself to one John SANDERSON under whom this Defendant claims in the
manner & form following that is to say--
No Carolina
}
Currituck County}
Know all men by these presents that I
Mary
SANDERSON of the County and Province afsd am held and firmly bound unto
John SANDERSON of the same County and province, in the just sum of one
hundred and fifty pounds procl. Money of No Carolina to be paid to the said
John SANDERSON his heirs Exers or Admrs for which payment well and truly to
be made I do hereby bind myself my heirs, Exrs & admrs
jointly and severally
for and in the whole sum afsd firmly by these presents sealed with my seal
and dated this 9th day of Octr anno Dom. 1775. The condition of the above obligation is such that
if the above bound Mary SANDERSON do & shall rest herself content &
satisfied with the Plantation whereon Henry GIBSON now lives as her full
third of all her deceased Husband Lemuel SANDERSONs lands & shall never
here after by herself or any
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person under her, claim any more than the aforesaid
Plantation & appurtenances thereto belonging then this above obligation to
be void & of none effect other wise to remain in full force & virtue in law.
/s/ Mary [Her x mark] SANDERSON seal
Signed sealed & delivered in the presence of
William GAMEWELL and Mary NIEL?
And this defendant proves that the said
Mary has held
the said land where on the said Henry GIBSON then lived from that date in
her possession & in the possession of the said Joseph GRAY since their
intermarriage & for this consideration for the bond aforesaid the
cattle that were devised to her by the will of her former Husband Lemuel
SANDERSON were delivered to her at the aforesaid place whereon the aforesaid
Henry GIBSON formerly lived. All which matter this defendant doth
aver &
plead in bar of the petitioner’s said petition & of the Petitioner’s
pretended demands for which they seek relief; & this defendant prays to be
dismissed with his costs &c.
And this Deft. by way of amended answer with
leave? not confessing & saith that the said Mary GRAY while she was the Widow of
Lemuel SANDERSON & before her intermarriage with the said Joseph GRAY to wit
on the 9th Day of October 1775 in consideration that she should
be permitted to hold the plantation whereon a certain Henry GIBSON then
lived (being part of the lands belonging to the estate of the said Lemuel
SANDERSON her Husband) did execute to a certain John SANDERSON at that time
the guardian of the heirs
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the paper writing above stated, in manner as above set
forth and this Defendant sayeth that according to the meaning understanding
& intent of the partys at the time, it was understood and intended that the
said Mary did thereby release & discharge herself of her Dower by the said
writing and did altogether acquit the Heirs by their guardian of any further
claim to Dower more than is therin stated and such being the plain &
obvious
meaning & intent of the partys, this Defendant is advised that the said
writing hath _____ed have the operation of a Release ______ or acquittal of
Dower on the part of the said Mary and the Defendant is further advised that
she is further by her own agreement excused? from contradicting the same by
Petition or otherways in demand of such claim. Without that and this the
Deft. is ready to verify and the Defendant further sayeth that the said Mary
has held the said land stated in the said agreement, whereon the said Henry
GIBSON then lived, from that Date in her possession and in the possession of
the said Joseph GRAY since their intermarriage and this Deft. further sayeth
that in further consideration of such release of Dower as intended in and by
the said agreement the cattle that were devised to her the said Mary by the
will of her former Husband Lemuel
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were delivered to her at the said place
whereon the said Henry GIBSON formerly lived and this the Deft. is also
ready to verify & prove and the Def. further sayeth that the said
Lemuel
SANDERSON the former Husband of the said Mary did not die seized of the
premises stated in her said petition & amended petition and that the said
Lemuel never had a right in fee simple to the same without that & this the
Deft. is also ready to verify & prayeth to be have dismissed with his
reasonable Costs & charges in the behalf ____fully expended.
/s/ [attorney's name unreadable]
John WILLIAMS maketh aff. that he delivered a copy of
the above plea to Joseph GRAY upwards of 3 weeks past. Sworn in open Court.
/s/ John WILLIAMS
Test. Will BLAIR Clk
April 8th 1799
[SOURCE: Manuscript and Archives
Reference System (MARS);
Edenton District
Superior Court Estates Records 1756-1806; MARS ID: 398.6.594 (Box);
Microfilm C.201.1905674]
Transcribed by
Judy Merrell Brickhouse,
September 2006 |
