Speculation Lands Collection Maps | Surveys | Grants | Supporting Documents previous page | next page
No available image. 
[Page 1]

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


[Page 2]

his said Term and other wrongs to him aid to his great damage and against the peace and dignity of the State[.] Wherefore the said John Doe by Joseph M. Carson his attorney complains that whereas the said Peter S. Duponso [sic] on the first day of January A.D. 1828 at Rutherford aforesaid devised 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 $400 acres. Titled and bounded by the following lines, to wit: Beginning on two Mines on the Buncombe County line on the to of the Ridge and including the place where Broad river crosses the county line, then South five chains to a White oak, then So 25 W. 15 chains to a chestnut oak then So 45 E 15 chains to a stake, then So 57 E. 7 chains and 50 links to pointers, then E. 5 chains to a stake, then So 30 E 20 chains to a stake, then So 46 E 15 chains to a white oak, then So 70 E 8 chains to a red oak and chestnut, then So 8 chains to a Hickory, the __ 30 E 10 chains to an oak and chestnut, thence So 54 E. 25 chains to a Green, then So 8 chains to a Hickory then So 45 W. 10 chains and 50 links to a Hickory, then Co 70 W. 10 chains to a Hickory, then So 25 E. 5 chains to a White oak thence So 85 W. 10 chains to a Hickory, then W. 20 chains to a Spanish oak then So 30 W. 10 chains to a pine, then So 18 W. 75 chains to a Hickory, then So 38 W. 8 chains to a Spanish oak, then So 35 E. 5 chains to a White oak, then So 33 E 8 chains to a black oak, then So 15 E chains to a Black Oak, then So 18 W. 3 chains and 50 links to pointers, then So 65 E 10 chains to a stake, then So 40 E 15 chains to a chestnut, then So 25 E 7 chains to a Hickory, then So.


[Page 3]

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 


[Page 4]

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 


[Page 5]

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 


[Page 6]

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


[Page 7]

the aforesaid suit was at issue. When came Joshua Forman Esq. agent of the Plaintiffs in open Court and made the following affidavit for the removal of said Suit which is in the following records and figures to wit:

            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


[Page 8]

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

 
[Page 9]

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:


[Page 10]

    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:


[Page 11]

  "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


[Page 12]

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


[Page 13]

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]

 
[Page 19]

                                                                                                                                          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


[Page 20]

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 


[Page 21]

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


[Page 22]
 
  We command you, that of the good and Mattles[?] lands and tenements of Joel Lewis if to be found in your bailiwick, you cause to be made the sum of five cents which, in the Superior Court of Law, held for county of Lincoln at the Court house in Lincolnton P.S. Duponso [sic] and others recovered against him for damages, beside the further sum of Eighty three dollars sixty-five cents 8 2/3 for costs and charges in said suit appended[?], whereof the said Joel Lewis is liable, as appears to us of record.
And have you the said moneys, beside your fees for this service, before the Judge of our said court at Lincolnton aforesaid, on the 7th Monday after the 4th Monday of September next then and those to render the said P.S. Duponso [sic] his damages and costs and charges aforesaid. Herin fail not, and have you then and there this writ.
         Witness Lawson Henderson Clerk of our said Court, at office the 5th Monday after the 4th Monday of March in the 58th year of our Independence, Anno Domini 1834
issued 23d May 1834                                                                             Lan. Henderson Clk
                                                                                                        by B.L. Johnson D. Clk

               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


[Page 23]

                 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

 
[Page 24]

                  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