State of North Carolina ) Superior Court of Law.
Lincoln
County )
)
Be it remembered that at a Superior Court of Law opened and held for the
County of Lincoln at the courthouse in Lincolnton on the fifth Monday
after the fourth Monday in March in the year of our Lord one
thousand and eight hundred and thirty two the Hon. John R. Donnel
presiding the following Judges[?] now returned and entered of record, in
the following words and figures to wit:
State of North Carolina )
Rutherford County )
)
Be it surtubued[?] that at a Inferior Court of Law opened and held for the
County
Seal
Rutherford at the courthouse in Rutherfordton on the 3rd Monday after the
4th Monday
of September in the year of our Lord 1828 and in the 53 year of the
Independence. The Honorable John J. Daniel Esq. presiding and before whom
the following process was returned and retired[?] upon the records of said
court in the following form and figures to wit:
State of North
Carolina )
Rutherford County
) Superior court of Law
Third Monday after the 4th Monday of March 1828.
Richard Roe is heard[?] to c__[?] the complaint of John Doe in a plea of
Trespass in Ejectment wherefore with force and w__s[?] he entered into our
message with the appurtenances in Rutherford which Peter S. Duponso [sic]
devised to the said John Doe for the Four of Ten years which is not yet
expired, and ejects him from
31 E 112 chains and 50 links to rocks, then So 38 W 100 chains to a
Hickory, then So 35 W. 90 chains to a stake then No 37 W. 40 chains to a
Spanish oak, then No. 79 W 30 chains to a pine, then So 45 W. 13 chains to
a white oak then So 15 chains to a chestnut, then So 40 W. 12 chains and
50 links, then No 75 W. 15 chains to a Red oak, then So 35 W. 5 chains to
a chestnut, then So 80 W. 17 chains to a a Red oak, then So 10 W 27 chains
and 50 links to a Locust, then So 35 W. 5 chains to a Locust then So 25 E.
13 chains to pointers, then So 5 chains to a red oak, then So 25 E 5
chains to a chestnut, then So 55 W. 5 chains and 50 links to a chestnut,
then So 10 chains to a Hickory then So 45 E. 20 chains to a Hickory, then
So 5 chains to a White oak, then So 40 E 10 chains to a stake, then So 5
chains to a stake then So 40 E. 20 chains to a Hickory then So 30 E 10
chains to a Hickory, then E 25 chains to a White oak then No 49 E. 15
chains to a stake, then No 80 E 10 chains to a White oak opposite the Bear
Wallow, then No. 30 E 16 chains 50 links to a White oak, then No. 80 E. 5
chains to a white oak, then So 75 E 7 chains 50 links to a White oak, then
So 30 E 5 chains to a chestnut then So 28 E. 5 chains to a stake, then E.
5 chains to a oak, then No 70 E. 15 chains to a chestnut, then So 15 E 10
chains to a chestnut oak, then So 48 E 10 chains to a chestnut, then So 75
E 15 chains to a chestnut, then No 70 E 15 chains to a chestnut oak then
No 53 E 10 chains to pointers, then No 30 E 20 chains to a Locust, then No
30 E 10 chains to red oak, then So 10 chains to pointers, then So 30 E 20
chains to a Locust, then So 30 E 10 chains to a red oak, then So 10 chains
to a chestnut, then So 25 W. 15 chains and
50 links to a red oak near Shelton's path on the top of a ridge, then E 84 chains to a Locust near said path, then No 23 chains to a spruce pine then E 72 chains to a Hickory then So 75 E 35 chains to a large Hickory standing on the bank of Broad River, then E. 53 chains to a double dogwood and post oak then No 45 E 29 chains to a Dogwood, then E 32 chains with John Brown's line crossing Brown's creek to a pine, then So 70 E 11 chains to a Locust then So 12 chains to a sour wood, then So 70 E 5 chains to the Sandy Branch crossing same course 52 chains to a Black Walnut, then E 37 chains to a Locust near Thomas White's line then No 45 W. 10 chains to a poplar, then So 75 E 25 chains to a Black Jack then E 11 chains with David Miller's line to a chestnut then No 40 E 8 chains to a large branch near Ledbetter's line same course 13 chains to a pine then No 10 chains to a Black Jack, then No 45 W. 6 chains to two Spanish oaks, then No 161 chains with the lines of John Whitesides, James Grays and George Williams to a pine, then No 30 W. 21 chains to a Spanish oak, then W. 33 chains and 50 links to a stake, then No 25 chains to a stake, then E. 50 chains to a Black oak, then No 20 E 42 chains to a Hickory then No 70 W 14 chains to a Locust, then No 20 E 25 chains to Head's creek, same course 15 chains to a Spanish oak, then E. 18 chains to Buffalo Creek crossing same course 12 chains with William Hain's line to a large Black oak, then No 70 chains to a red oak, then No 15 E 10 chains down Cedar Creek to a White oak near Centir's[?] line, then No 15 W 10 chains to a Holly tree, then W. 15 chains to a Hickory then No 13 chains to the North Fork of Cedar Creek, same course 5 chains to a poplar, then No 75 W. 53 chains to two Spanish oaks, then No 75 W. 118
chains to a stake, then W. 48 chains to a stake, then No 40 chains to a
White oak, then W. 109 chains to a large red oak on the top of a ridge,
then No. 160 chains to a large black gum on the North side of the dividing
ridge between crooked creek and Broad River then to the beginning.
Patent No. 1016 with the appurtenances aforesaid to the said John Doe and
his assigns prove[?] the first day of January AD. 1828 to the end used for
the term of ten years then next ensuring and fully to be completed and
ended, by hither[?] of said demise of the said Peter S. Duponso [sic] the
said John Doe witnessed unto the said tenements with the appurtenances and
was thereof legally possessed when the said Richard Roe afterwards to wit
on the second day of January A.D. 1828 with force and abuse[?] entered
with the said Peter S. Duponso [sic] as aforesaid had advised to the said
John Doe in form and for the Term aforesaid which Term is not yet expired
and ejected him the said John Doe from his said farm and other wrongs to
him then and there aid to his great damage and against the peace and
dignity of the State, where fore the said John Doe saith he is injured by
the said Richard Roe to the amount to twelve hundred dollars for which he
sues Doe.
2nd court in the names of Gould
Hoyt James B.
Murray Arthur
Bronson and Thompson'
s heirs
3rd court on the demise of James Stephens "
Mr.
Joel Lewis, I am informed you are in possession of or claim title to some
part of the premises
mentioned in this ejectment and I being sued as counsel eject only
having no claim or title to the same do advise you to appear at the
Superior Court of Law to be held for the county of Rutherford at the court
house in Rutherfordton on the 3rd Monday of the 4th Monday in September
next 1828 and by some attorney of said Court and by a rule of said Court
then and there to be made, to cause yourself to be made defendant in my
stead otherwise I shall suffer judgment to be entered against me by
default and you will be turned out of possession
Your Friend
Richard Roe
J J__rd[?] April 19th 1828
Jos. WD. Carson pltff's, Mt.
Endorsed thereupon, I dispute Samuel L. Gidney to execute the within writ.
19th April 1828 James W. Carson def. And thereupon the following
endorsements here made, to wit:
1st of August 1828 executed and a copy of the within writ delioned[?] to
Joel
Lewis
William Carson, Shff
by Samuel L. Gidney
At which term, to wit: on the 3rd Monday after the 4th Monday of
September 1828 the defendant, Joel Lewis, by his Attorney Alfred A.
Briston[?] Esq. entered upon the words of said court for his defence [sic]
the common rule and plead not guilty.
"Upon which
plea, it was entered of record that Samuel L. Gidney should run off and
survey the land and premises in dispute, which was done and the plats
filed accordingly"
And the aforesaid suit stood
thus continued from court to court until the 4th Monday after the 4th
Monday in September AD. 1831 at which Term the Honorable John Jo Daniel
Esq presided as Judge and held said Court and before whom
State of North Carolina )
Rutherford County ) Superior Court of Law.
John Doe or[?] demise )
Peter S. Duponso & others )
vs.
)
Joel
Lewis
) Joshua
Forman of Rutherford County being duly sworn saith that Isaac
Bronson and Gold [sic] Hoyt of the city of New York claim title by
mesne conveyances from the patents duly registered of sundry tracts of
land in the county of Rutherford granted part to James
Greenlee Lewis Beard
and William Erwin and part to
Tench Coxe as their
assignee, called speculation lands amounting to more than two hundred
thousand acres lying in various directions through the county which they
have conveyed to James J Hoyt, John Ward and William G. Ward in trust for
their use and subject to their direction and control and they have
appointed this deponent their agent and attorney in fact for the
management of said lands which appointment is mentioned and recognized in
the instrument enacting said trust signed by the said James J. Hoyt John
Ward and William G. Ward that the above suit is instituted to recover part
of one of said tracts of which the defendant is in possession since the
institution of said suit James B. Murray one of the lessors of the
plaintiffs has conveyed his interest in said premises to Isaac Bronson
aforesaid, and Arthur Bronson had conveyed his interest to
in the premises to said Bronson and Hoyt who are now the only persons
beneficially interested therein, that numerous entries have been made and
patents obtained for parcels of land by which means very many persons in
said county have become interested therein and reports unfavorable to the
validity of the grants under which the lessors of the plaintiff claim
title have been widely circulated and considerable excitement produced in
relation to the said lands, from these courts this deponent is of the
above cause cannot be had in the county of Rutherford and further sayeth
not
Sworn to this 28th day
of )
oct. in the year 1831 before me ) Joshua Forman
James Morris Clk.
And upon the production and reading of the aforesaid affidavit of Joshua
Forman agent of the plaintiffs aforesaid
because[?] by Court that the said suit he removed and transferred to
Lincoln County Superior Court for trial. Upon which the following fees
accrued
Clk fee leading process loud[?] and
tax
$2.40
April 1 1828 rule & 20 to 2 Subps
[subpoenas?]
0.50
to order of survey and
copy
.40
to rule for removal and 5
continuances
1.70
to 28 copy sheets and
seal
3.05
to transfer under[?] cost of
assembly
2.00
$9.05
Atto.
10.00
James W. Carson P.S. 2
Extracts[?]
.60
Samuel L. Gidney bo. as witness
4:44
35.04
54.09
State of North Carolina )
Rutherford County
) I James Morris clerk of Rutherford
Superior Court of Law do certify the foregoing record and exemplification
to be a true copy of the proceedings here and done in said suit as remains of record.
In testimony of the same I have affixed the public county deed of office there to this 1st day of March 1832.
James Morris Clk.
On the foregoing are the following endorsements: to wit:
"Peter S. Duponso [sic] and others
vs.
Joel Lewis."
"Ejectment. Transfer
and record to Lincoln.
April 1832."
"State of North Carolina )
Rutherford County ) "Be it remembered that at
a Superior Court of Law opened and held for the county of Rutherford and
the court house in Rutherfordton on the 3rd Monday after the 4th Monday in
March in the 52nd year of our Lord and on the 14th day of April
A.D. 1828
The Honorable John R. Donnell."
"Joseph McD. Carson Pltff's Atto.
Albert A. Burton Deft's Atto."
Amd at the said Term of said court this case was entered of record as
aforesaid and stands as follows. to wit:
Peter S. Duponso [sic] & others
)
defendant enters into the
vs.
) ejectment common rule and pleads
Joel
Lewis
)
not guilty. Contd.
)
The case was continued till Spring Term 1833 when the following entry was made and bond given to wit:
Peter S. Duponso [sic] & others
)
) Joshua Forman and George Walton
vs.
) ejectment ) ___ites[?] for prosn.
Joel
Lewis
)
)
)
)
"State of North Carolina
Court office Lincoln County"
"We Joshua Forman and George Walton do jointly and formally[?] bind
ourselves, our heirs, executors and administrators in the sum
of - - -
- to Joel Lewis - - heirs,
executors, administrators and assigns. The obligation to be void on
condition that John Doe do prosecute a certain suit brought in the Court
aforesaid by John Doe on the demise of Peter Stephen Duponceau and others
against Joel Lewis and in case of failure, shall pay the said Joel Lewis
such costs and damages as may be amounted[?] against the said John Doe by
the Court having cognizance thereof
Witness our hands and seals, the 26th day
of April 1833.
Witness
Joshua Forman seal
J_ C. McEntire
G. Walton seal "
The case was thereupon continued until the August Term of said court,
when the following entry was made, To wit:
"Peter S. Duponso & others )
vs.
)
Joel
Lewis
)
"It having been suggested and the suggested admitted without
verification that there was a defect in the record. It is therefore
ordered by Court that certiorari to the clerk of Rutherford Superior Court
to sent up a full and complete record of this case."
Whereupon a writ of certiorari issued to the clerk of the Superior Court
of Rutherford aforesaid in the following unas[?] and figures to wit:
seal
"State of North Carolina
To the Clerk of Rutherford County Superior Court of Law -
- Greeting
Whereas. It hath been
suggested to the Superior Court of Law held for since[?] the County at the
Court house in Lincolnton on the 2nd Monday in August AD. 1835, that there
is a defect in the record in a certain suit lately pending in Rutherford
Superior Court of Law wherein John Doe on demise of Peter S. Duponso [sic]
is plaintiff and Joel Lewis defendant in a plea of trespass in Ejectment
which was removed to Lincoln county Superior Court of law for trial: We
therefore command you that the suit or plaint aforesaid, as fully and
entirely with all things touching it, as when it was presiding[?] in your
trial court, without delay you certify and send to the next Superior Court
of Law to be held for Lincoln County at the court house in Lincolnton on
the fifth Monday after the fourth Monday of September next together with
this writ: Witness Sworn Henderson clerk of said Court at office
the second Monday in August AD. 1833 and in the 58th Year of our
Independence
Lawson Henderson "
for which writ is the following endorsement to wit:
W. Carson Shff
By W Wilkins D. Sff "
The said writ was returned to the Fall Term of the Superior Court of
Lincoln County together with a transcript and exemplification of a record
in the following unas[?] & figures To wit:
"State of North Carolina )
Rutherford County )
seal
Be it entered[?]
that at a Superior Court of Law opened and held for the county of
Rutherford at the Court house in Rutherfordton on the 2nd Monday upon the
4th Monday of March 1828.
The Honorable John R Donnell Esq. presiding as Judge and held said Court
and before whom the following suit was entered of record, which is as
follows.
"State of North Carolina
Rutherford County
Superior Court of Law 3rd Monday after the 4th Monday of March 1828.
Richard Roe is sued[?] to answer the complaint of John Doe in a plea of
trespass in Ejectment wherefore with force and arress[?] he entered into
one susseage[?] with the appurtenances in Rutherford which Peter S.
Duponceau demised to the said John Doe for the Term of ten years which is
not yet expired and ejected him from his said farm and other wrongs to him
did, to his great
damage and against the peace and dignity of the State. Wherefore the
said John Doe by Joseph McD. Carson his attorney complains, that whereas
the said Peter S. Duponceau on the first day of January AD. 1828 at
Rutherford aforesaid demised[?] to the said John Doe the Tenements
aforesaid lying and being on the head waters of Broad river Cedar Creek,
Buffalo Creek and their branches in the county of Rutherford aforesaid
containing 38,400 acres butted and founded as follows (to wit)
[Begins to copy pages 2-8 of same document]
I James Morris clerk of Rutherford Superior Court of Law do certify the
foregoing record and exemplification to be truly copied from the records
remaining in the clerk's office of said county belonging to the aforesaid
suit In testimony of the same I have affixed the county and public seal
of said office & hereto and agreeable to the other and writ of certiorari
issued prove[?] Lincoln deputies comb[?] August Term 1833 this 10th day of
October AD 1833
James Morris Clk
Clerks fees Forman bill and
tax
$9.05
Att.
10.00
Sam Gidney as shff
.60
Ditto as witness &
surveyor
34.44
W. Carson shff
.60
$54.69
Wm. Williams dos. 1 Exeat
.60
$55.22
John Len[?] Ex Demin[?] P.S. Duponceau
and
others
) Joshua Forman the deponent on the within written affidavit
being duly sworn saith that the matters and facts
vs.
) set forth in the within affidavit are applicable in all
aspects to the suits here entitled[?] and that for the same
Samuel
Hawkins
) reasons therin set forth he does verity believe that a fair
and inpartial trial of said causes cannot be had in the
====
) county of Rutherford and further sayeth not
The same Ex Demin )
the
same
)
vs.
)
Wiley
Smith
)
Sworn to this 28th day of October 1831 )
James Morris Clk ) Joshua Forman
The above[?] is a true copy taken of the back of the affidavits for the
removal of the aforesaid suits
James Morris Clk
The cause was there continued from Term to Term until the Spring Term
of the year 1834 when came a jury of good and lawful men to try said
cause, which jury [??] as follows. (to wit)
1 Richard Rawkin
2 Henry
Fife
7 John Carpenter
3 Wm.
Nail
8 Wm. McGinnas
4 Davd. Dumrow
9 John Cathy
5 Fr. L.
Ewing
10 James Hambright
6 David
Rhyme
11 Henry Fisher
12 Philip Craft
Who after being duly sworn and charged to try said cause of
Peter S. Duponso [sic] & others )
vs.
)
Joel
Lewis
)
do find as follows (to wit) "That the defendant is guilty of the
trespass mentioned in the plaintiff's declaration and assesses his damage
to 6 d.
It is therefore considered by the court that the plaintiffs Peter S.
Duponso and others do reconcile[?] of the defendant Joel Lewis the sum of
6 d for his damage, as well as the first his sum of $83.15 2/3
cents for his costs and charges in and about the prosecution of his suit
of foreclose"
And on the trial docket of said Term are entries in the following words[?]
and figures (to wit)
"Writ of possession to Rutherford Co. Fifa[?] for
costs to Buncombe."
seal
"State of North Carolina
To the Sheriff of Buncombe
County
Greeting
Clerk of Rutherford County
[??]: writ tax &
bond
$2.40
2 subpoenas & rule
court
0.50
order of survey and
copy
0.40
rule for removal and 5
continuances
1.70
28 copy shuts[?] and
seal
3.08
transcript of
record
1.00
$9.05
Atts. J.M.C. & R.H.B.
10.00
J.W. Carson D.S. 2
subpoenas
$0.60
S.S. Gidney DS 2
do
0.60
Ditto wit. and
surveyor
34.44
Wm. Wilkins DS. 2
subpoenas
0.60
$55.29
Lincoln Bill for:
Entering
cause
0.80
5
continuances
1.50
writ of certiorari and
seal
1.25
Judgment execution and
seal
1.35
Writ of possession and
seal
1.00
$31.19
S.S. Gidney wit for plff )
payt to J. Forman
)
27.56 2/3
J.W. Carson service of )
certioraris and subpoenas
)
0.90
$2.65 2/3
Damages
5
$83.70 2/3
On said fi[?] fee are the following endorsements. (to wit)
"To Fall Term 1834"
"Satisfaction"
"pay into office $83. and 70 cents
N. Harrison Shff
By Thos Young Dshff
State of North Carolina
Lincoln County.
I John Michael Clark of the Superior Court of Law for the county of
Lincoln do hereby certify
the foregoing to be a true and perfect copy and exemplification of the
records of the case of Peter S. Duponso [sic] and others vs. Joel
Lewis in reg. office.
In testimony whereof I have affixed the seal of reg. office this 12th day
of April A.D. 1841.
John Michael Clk