Franklin County Court Records

Extract of Minutes, 1816-1817
Contributed by: Mark Murphy

[Extracts of Franklin Co. Court Minutes, years 1816-1817]
[Film/Rolls 744/C.039.30001-7 NC State Archives]
[transcribed by Mark A. Murphy, 1 Nov 2001]

Minutes of March Court 1816.
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William G. Bowers, Guardian to James Bowers and Sarah Huckaby,
returned his Account Current on Oath, on M.O.R.
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An account of the Sales of the Estate of John Williams deceased, was
returned by Kinchen Williams Executor &c. and on M.O.R.
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No. 20 Polly Perry widow &c. vs George Murphy Admor. & c} Petition
Ordered that James Houze (Justice), William Burlingham, John Hays Senr,
and William Ransom, freeholders, be appointed CommiSsioners, to view,
allot, and set apart, to Polly Perry the petitioner, out of the crop
and provisions of Benjamin Perry, One Years support &c, and that they
Report-
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No. 4. Putney & Wood vs John Pace- } Debt Jury charged to wit, Charles
Coppage, Jones Cook, James Hester, Jacob Alford, Archibald
[end of page]

Minutes of March Court 1816.
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A Deed from Kinchen Bledsoe, to Tolliver Terrel, was proved by the oath
of JeSse Person, and on M.O.R.
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George Murphy Administrator of Benjamin Perry deceased, returned an
account of Sales, of the Estate of his interstate on oath, and on
M.O.R.
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A Deed from John Berry to James Davis, was proved by the Oath of Durham
Hill, and on M.O.R.
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A Deed from John Winston Attorney in fact for John Patton, and others
to Turner Bobbitt, was proved by the oath of Washington Norwood, and
on M.O.R.
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The Accounts of James Murray, Guardian to Martha Houze, Frances Houze,
Abbey Houze, and Elizabeth Evans, with the CommiSsioners report, was
returned and on M.O.R.
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[end of page]

Minutes of June Court 1816
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No. 39 John Nicholson aSsn. &c vs. James C. Jones} Debt Same Jury as
in no. 33- who find that there is no payment or set offs- that the
principal of the Bond declared on is $547.56 and aSseSs damage by way
of Interest, to $32.85 and Costs,-
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No. 40 Hume Field vs. William Murphy} Debt. Same Jury as in No. 33-
who find that there was a payment, on the 14th day of April 1815, of
$90.- that the residue of the Bond amounting to $74.34 is upaid[sic]
and aSseSs the plaintiffs damages by way of Interest to $5.57 1/2 cents
and Costs.-
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No. 43 Jacob Hartsfield Excrs.- vs. William Thomas, Wm. Connelly &
Green Hill} Debt Same Jury as in no. 33- who find
[end of page]

Minutes of September Court 1816
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On motion it is ordered that administration upon the estate of John
Drummond Esqr. deceased, late of the County of Brunswick Virginia,
be granted to George Hardeway, who entered into Bond in the sum of
$2,000 with Alexander Falconer and Green Hill his Securities.-
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Ordered that William Green, Robert A. Taylor, James Yarbrough, Nathan
Patterson, and Henry House, or any three, Audit, the Accounts of John
and Jordan Thomas, Administrators &c. of John E. Thomas, and John
Thomas Guardians &c and report to next Court
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Polly Perry widow vs. George Murphy admor.&c} A Cerciorari in this
Case having been exhibited to this Court, it is therefore order'd
that the Clerk make and Certify a copy of the record in this Case to
the next Superior Court.
[end of page]

Minutes of September Court 1816
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David M. Lewis acknowledged a Deed to Nathan Patterson and on M.O.R.
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No. 45 James Harrison &c. vs. Duke W. Davis} original Attat. Jury
Charged, to wit, JeSse Kitchen, Jonathon Davis, Harbert Harris,
Christopher Foster, James Chives, John Tansil, Josiah Bridgers, John
Berry, Joel Sledge, Baldwin Perry, Benjamin Hunt, JeSse Webb, who
aSseSs the plaintiff damages to two hundred and Sixty Six dollars Sixty
Seven Cents, and Costs.
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William Lancaster, Executor of Elizabeth Jones, returned his account
Current, with the commiSsioners report-which is confirmed by the Court.
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George Murphy Administrator of Benjamin Perry deceased, returned a
supplementary Inventory of the estate of his intestate on oath, and
on M.O.R.
[end of page]

Minutes of September Court 1816
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Bartholomew and Kinchen Bledsoe in the room of Wilson Milner and John
Winston, who find all the iSsues in favor of the plaintiff, and aSseSs
his damages to $21.80 cents and costs,-
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Ordered that Benjamin F. Hawkins be appointed Guardian to Charles
Yarbrough, orphan of James Yarbrough deceased, (the said Charles having
made a choice of him in open court,) who entered into bond in the sum
of five hundred pounds, with Presley C. Person and Robert Hill his
Securities,-
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No. 9 George Murphy Admor.&c vs. Jeremiah Perry (Shocco)} Case Jury
charged, to wit, Jonathan Davis, Harbert Harris, Josiah Bridgers, Joel
Sledge, Benjamin Hunt, John Bartholomew, Gray Bridgers, Josiah Jackson,
William Jeffreys, Abram McLemore,
[end of page]

Minutes of September Court 1816
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Josiah Eley, and Evans Jordan,- who find that the defendant did aSsume,
and that there is no set off, and aSseSs plaintiffs damages to $776.71
cents, -and Costs-
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Alexander Falconer, Acknowledged a Deed to Gilmour Bledsoe, and on
M.O.R.
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A Deed from Samuel Joyner, and Betsy H. Joyner his wife, to William
D. Jones, wsa exhibited in open court, and duly proved by the oath of
Henry Benton, one of the Witnesses thereto, and it appearing that the
said Betsey, a feme[?] covert, had been privily examined according to
Law, it is ordered that the same be admited[sic] to record.-
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A Deed from Samuel Joyner and Betsy H. Joyner his wife, to William D.
Jones, was exhibited in open court, and the execution thereof, duly
proved by the oath of Henry Benton, and it appearing that the said
[end of page]

Minutes of September Court 1817
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James D. Ridley vs. Benjamin Hester} In this Case James Hester the
Bail for the defendant came into Court and surrenderd his principal
in discharge of himself who is prayed in Custody accordingly- whereupon
James J. Hill came into open Court and acknowledged himself Special
Bail
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A paper writing purporting to be the last will and Testament of Ann
Hester deceased was exhibited for probate, whereupon John Hester came
into Court and entered his Caveat thereto & thereupon the Court ordered
an iSsue devisavit[?] vel ron to be made up to try the validity thereof
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Ordered that Jordan Hill be appointed overseer of the Streets of
Lewisburg with the hands residing in Town, those of Mrs. Milner & Mrs.
Mitchel and those of Murphy & Patterson, usually working about the
mills.-
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The account current of the Executors of John Southerland, with the
CommiSsioners report was returned , and on M.O.R.
[end of page]

Minutes of September Court 1817
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Ordered that Sherwood Sanders administrator of Vinson Sanders deceased
sell so much of the personal estate as will be sufficient to pay the
Debts of his intestate, and report
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Robert H. Wynne Esquire returned the list of Taxables for Captain
Winstons district for 1817
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Martha Davis administratrix of Ann Richards deceased, returned an
Inventory on oath, and on M.O.R.
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Ordered that the order appointing William Harrison, John Williams
(road) and Jeremiah Perry (fork) CommiSsioners to Audit the accounts
of Sampson MaSsey Executor of Richard MaSsey - be renewed-
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A Deed from James Murphy Sen. to James S. Murphy, was proved by the
oath of Robert G. Goodloe, and on M.O.R.
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A commiSion having been exhibited appointing Smith Patterson Esquire
a Justice of the Peace for this county, the said Smith came into Court,
and took the oaths prescribed by Law for the qualification of Public
Officers
[end of page]


Minutes of September Court 1817
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A Deed from Arthur Foster to the representatives of John Foster, was
exhibited in open Court and proved by the oath of Jeremiah Perry and
on MOR
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Court adjourned till to morrow 10 O'Clock
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Tuesday morning Court met according to adjournment - Present, John E.
Denson, Amos Jones, and Robert H. Wynne Esquires-
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Ordered that administration on the estate of Marcus Gilliam deceased,
be granted to Drury Gilliam, who entered into Bond in the sum of $1000
with Parker Murphy, William Leonard and Isaac Gupton his Securities,
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Ordered that administration on the estate of Cole Collier deceased, be
granted to Archclaus[?] Collier, who entered into bond in the sum of
$1,000 with Robert H. Wynne and James Harrison his securities
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Ordered that the administrator of Marcus Gilliam deceased, sell the
perishable estate of his intestate, according to Law, and report
[end of page]

Minutes of September Court 1817
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No. 23 Nathan Patteson &co. vs James Jones (Doctor) } Scifa[?]
Judgment of the Court that there is such a record same Jury as in No.
10 who find that there is no record of payment- Judgment according
to Scirifacias[?]-
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No. 24 Nathaniel Hunt Excr.&c vs. Edmund G. Brodie-} Debt Same Jury
as in No. 10- who find the iSsue in favor of the plaintiff- that the
principal of the bond is $225.2 and aSseSs damages to $10.12 and Costs
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Amos Jones Esquire returned a list of Taxables in Captn. Farmers
district for 1817
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No. 25 Stephen Sparks vs. Cordy Ferrell } T.V.A Same Jury as in No.
10 who find the Defendant Guilty, and aSseSs the plaintiffs damages to
$50. &cst
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Ordered that Peter R. Davis, Wm. A.K. Falconer, and John M. Johnson,
of Warren be appointed CommiSsioners to Audit examine and report upon
[end of page]

Minutes of September Court 1817
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the account current of George Murphy administrator of Benjamin Perry,
and report to the next term of this court-
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A Deed from Organ Thomas and Polly his wife to Lewis Bartholomew was
exhibited for probate & it appearing to the Court that the said Polly
is a feme Covert, it is therefore ordered that John E. Denson one of
the members of the Court, take the private examination of the said feme
covert touching the execution of the said deed
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John E. Denson Esqr. having been appointed to take the privy
examination of Polly Thomas, wife of Organ Thomas, a feme Covert,
reported that he had performed the duties aSsigned him, and that the
said Polly declared her free will and consent in the Execution of a
Deed from Organ Thomas, and herself to Lewis Bartholomew- and the said
Organ and Polly, having in open court acknowledged the execution of the
said Deed & it being proved by the John Bartholomew as to the other
Grantors- on motion it is ordered to Registered-
[end of page]

Minutes of December Court 1817
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The last will and Testament of Nicholas Murphy, was exhibited in open
Court and was duly proved by the oath of Jacob Hunter and on MOR- at
the same time George Murphy came into Court and qualified as Executor
thereto according to Law-
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John Thomas vs. Tarlton Johnson} Henry Thomas a witneSs called and
failed to appear ordered his default be recorded continued on affidavit
of plaintiff
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Ordered that the report of the CommiSsioners appointed to settle the
accounts of Jeremiah Perry Executor of Joshua Perry, be confirmed, and
that they be allowed 5 pct. upon $9,945.38 and 2 1/2 pct. upon $5,902
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No. 11 Brittain Hall vs. Fielding Kittrell} Appeal The following Jury
were Sworn and charged, to wit, Josiah Jackson, Titus Lewis, Moses
Neal, Cordy Ferrell, Joel Sledge, Isham Fox, Moses Joiner, John
Mitchel, Joshua Perry, Charles
[end of page]

Minutes of December Court 1817
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obtained against Micajah Bridgers administrator of William Jackson-
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Thursday morning
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It was moved by the administrator of Benjamin Perry deceased, for an
order of Court to sell the negroe Solomon, lately recovered of Presley
C. Person, for the purpose of making a Division among the next of Kin,
which in motion being opposed by William Robards, Counsel for the next
of Kin except the Person Family, it is considered by the Court that the
motion be granted, and that the said negroe Solomon be sold at Six
months credit
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The report of William Moore and Joel King, who were appointed
CommiSsioners to Audit the accounts of John E. Denson administrator of
Martha Hillsman, returned their report, Whereupon the Court adjudged
to the administrator 5pct. commiSsions upon the Receipts-
[end of page]

Minutes of December Court 1817
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A Deed of Gift from Anna BaSs, Wyatt BaSs, and Boyakin BaSs, was
exhibited in open Court, and the execution thereof duly proved, by the
oath of Josiah Thomas and on MOR-
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It appearing upon the Petition of the Executors of Nicholas Murphy
deceased that the negroes, ordered to be divided, by the said will of
said Nicholas cannot be thus Divided without a Sale thereof, there
being not a negroe for each share, It is therefore ordered that the
said negroes be sold on a credit of Twelve months, to make a Division,
and the Sale be made by the Executors of Said Nicholas-
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No. 41 James Putney vs. Spyvy's Admor. } Jury sworn and Charged, to
wit, Simon Green, Obadiah Green, Merritt Ingram, JeSse Kitchen, John
Babb, Jas.[or Jos.] Ferrell, John Perry (thicket), John Tansil, JeSse
Gordon, Amos Bridgers, Nathan Pierce, Henry Baker- who find all the
iSsues in favor of the plaintiff- that the Virginia mentioned in the
[end of page]
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