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 2390 acres;
butted and bounded by the following lines, (to wit) beginning at a
Black Oak [along?] James Withrow's line marked thus W. Turns S 20
E forty five chains [upon?] the meadow fork of Cobrows branch, same
cause 40 chains crossing Cobrone branch to a post oak then East 63
Chains to a White Oak then South 56 Ch to 2 persimmons at Nancy's branch
then S, 12 E 20 Cl to a Red Oak then South 23 Ch to a poplar then S 30 W
32 Ch to a double Sapling then S 10 W 17 ch. to a Post Oak then West 41
Ch to a Black Oak then N. 75 W 46 Chains to a Sweet Gum in Sand Mn Then
N 80 W 43 ch to a Chesnut then N 20 E 8 Ch to a White Oak Bametts corner
then N 50 W 34 Ch to a post Oak near Townsend Horton's line then N 60 E
34 Ch to a pine then N 40 W 33 ch [covering?] several Branches of Sandy
run to a Chesnut Oak then N 60 W. 156 to a pine then N 15 W 75 ch to a
Red Oak at or near James Hethrows line on Hinton Creek then 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 five 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. Thomas Owens
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.