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Item Number:  0294
Description:  Notice to Appear in the Case of John Doe v. Richard Roe ( this is an addendum to Item 50/192 in this Section). This case lasted from 1828 - 1835 and began with a suit by John Doe against Richard Roe in a Plea of Trespass in "Ejectment" with force in arms, John Doe was ejected from his 2,050 acre farm in Rutherford County. He sued for $100 for wrongs to him, to his great damage, and against the peace and dignity of the State. The particulars of this case are that John Doe entered into an agreement to rent the land from Peter Stephen Du Ponceau for a period of ten years beginning on January 1, 1828. He was evicted from the land on January 2, 1828. Also sued were Arthur Bronson, Goold(sic) Hoyt, James Murray, the heirs of James Thompson, and James Stephens. Additionally, a Samuel Wells requested to be a defendant in place of John Doe, as he was in possession of and/or claimed title to some part of the premises, whereas Doe was only ejected and had no claim or title to the property. Dated March 31, 1828. This Item also includes Notices to Appear made out in the names of Samuel Wells and Thomas Owens..
Date of Item:  1828-03-31
Category:  Supporting Documents
Location:  Box 5
 
[Note: Italics indicate handwritten notes.]

STATE OF NORTH CAROLINA, Rutherford county}
Superior Court of Law and Equity, March Term 3rd Monday after the 4the 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 arms, he entered into one messuage, with the appurtenances, in Rutherford which Peter S Duponseau demised to the said John Doe for the term of ten years, which is not yet expired, and ejected him form 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 M Carson his Attorney complains, that whereas the said Peter S Duponseau on the first day of January A.D. 1828 at Rutherford on Puzzell Creek aforesaid, containing 2050 acres; butted and bounded by the following lines, (to wit) beginning to a white oak & pusomon marked EW at the head of a branch that falls into Robinsons Creek at the widow [lackeys?] and run S 60 E 120 chains to a Post Oak on the West fork of Puzzle Creek then S 30 W 50 chains to a Red Oak near [Evan's?] line then South 80 chains to a pin then West 80 Chains to a stake then N 30 W 160 Chains with the inhabitants of Robinsons Creek to a Stake near the widow Gaultanys line thence to the beginning.

with the appurtenances aforesaid, to the said John Doe and his assigns, from the first day of January A.D. 1828 to the end and for the term of ten years then next ensuing, and fully to be completed and ended: by virtue of which said demise of the said Peter S Duponseau the said John Doe entered into the said tenements, with the appurtenances, and was thereof legally possessed: When the said Richard Roe, afterwards, to wit, on the 2nd day of January A.D. 1828 with force and arms, entered into the said tenements, with the appurtenances, which the said Peter S Duponseau aforesaid, had demised 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 did, to his great damage, and against the peace and dignity of the State:  wherefore the said John Doe saith he is injured by the said Richard Roe to the amount of one hundred dollars, for which he sues, & c. 2nd count on the demise of Goold Hoyt & James B Murray Arthur Bronson & the heirs of James Thompson count on the demise of James Stevens
Mr. Samuel M Wells
          I am informed you are in possession of, or claim title to, some part of the premises mentioned in this declaration of Ejectment; and I being sued as casual ejector only, having no claim or title to the same, do advise you to appear at the next Superior Court of Law and Equity to be held for the county of Rutherford at the Court-House in Rutherford on the 3rd Monday after the 4th Monday of March 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.