Lenoir County NcArchives Court.....Richard Cobb, William Loftin V. 1854
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File contributed for use in USGenWeb Archives by:
Martha M. Marble http://www.genrecords.net/emailregistry/vols/00022.html#0005285 February 24, 2008, 5:04 pm

Source: Nc Archives
Written: 1854

#5850 - DOE ON THE DEMISE OF WILLIAM C. LOFTIN vs RICHARD G. COBB

NC Supreme Court Case found at the NC Archives

NOTE: Most of the deeds found in this case are already posted in the Elizabeth 
Bowden Collection - PC 1439.1 - NC Archives, Raleigh, NC - and at least one is 
posted in the Lovit Hines Collection. Most are also re-registered in Book 42 
of the Lenoir County Deed Books. As I recall some of the deeds in the Bowden 
Collection had numerous mistakes in them so these abstracts may be a little 
different and are probably more reliable. The land in question appears to be 
what is today called Kelly's Millpond right off Hwy 70 going towards New Bern. 
It is my understanding there is a later Supreme Court case involving this same 
land about 1910.

Lenoir Co - 1854 - action of Ejectment

Richard G. Cobb, Jno. H. Peebles, and Benjamin F. ?? Biddle are bound unto Wm. 
C. Loftin for $200 - 20 Oct. 1853 - suit bought in Superior Court to recover 
the money at Court on the 3rd Monday after the 4th Mon in Sept 1853

Evidence on the part of the plf was two grants to Thomas Box, one dated 26 
Nov. 1757, and the other dated 10 May 1760 - which covered the land in 
dispute - also a deed from the Trustees of the University of North Carolina to 
William C. Cox - the def was in possession of the land at the time the deed 
from UNC was executed- the def introduced a deed from Joseph Mundine to 
Jershua Tisdale dated 26 Dec 1771, and a deed from Jershua Tisdale to Richard 
Caswell dated 1775, a deed from Richard Caswell to Jesse Cobb dated 1783, and 
a deed from Jesse Cobb to his son John Cobb in 1800 - Richard G. Cobb was one 
of the heirs at law of sd John Cobb

The def insists that the plt could not recover on the grounds that 
1.	the plf had no title as Jesse Cobb Sr and John Cobb had no possession 
of the adj tracts for upwards of 30 years as the def was in possession of the 
land 
2.	 if the actual possession of the other two tracts would not in law 
have been in possession of the tract in dispute and that excepting for the 
timber off the land and having it sawed at his mill and feeding his hogs and 
would that constitute such possession 

The court instructed the jury that if Loftin's deed was invalid the plf would 
be entitled to recover upon the other demise provided the land had escheated 
to the University - that if Thomas Box died without leaving any heirs that the 
land would by law exchete to the Trustees of the University - that a 
possession of the deft's ancestors Jesse Cobb and John Cobb of the 2 tracts of 
land adj the lands in dispute was not a possession of the other tract and that 
cutting the timber or feeding the hogs for 7 years was not in possession of 
the land

NOTE: It is not clear how UNC obtained possession of the land as there was no 
deed to that effect and there is not a re-registered one at the courthouse.

NOTE:  There are several pages in the same handwriting in the case that are 
not numbered and don't appear to be in order but think I have them straight

Thomas Box left the state about the time of the Revolution and has never since 
been heard of, that he had no relations, that no one has ever come forward to 
claim being his heir - the jury was to determine if UNC had obtained  the land 
properly

DEEDS

INDENTURE - JOSEPH MUNDINE TO JERUSHA TISDALE

26 December 1771 - Indenture - JOSEPH MUNDINE of Dobbs (or) to JERUSHA TISDALE 
of Craven (ee) - 20 pds - 300 acres - being a divident of several patents 
granted to THOMAS BOX - one dated 26 November 1757, another dated 10 May 1760 
on the SS Neuse adj MOSES TILGHMAN, EDWARD FROST, JOS. MARSHALL, MAJOR CROOM - 
being the land conveyed to sd MUNDINE by THOMAS BOX on 5 Aug. 1771
Signed by mark
WIT:  CHARLES MARKLAND,  KITRELL MUNDINE
To Court - January Term 1780 on oath of CHARLES MUNDINE  MARTIN CASWELL CC
Enrolled Dobbs County Liber C p 124, 125   7 Jan 1780   MARTIN CASWELL, CC
The above is a true copy made 12 March 1851  STEPHEN WHITE, ROD

NOTE: Jerusha TISDALE was a woman as the indenture refers to "She" and 
"Her"

END OF DOCUMENT


INDENTURE - JERUSHA TISDALE TO RICHARD CASWELL

28 March 1775 - Indenture - JERUSHA TISDALE of Anson County to RICHARD CASWELL 
of Dobbs - 30 pds - tract of 300 acres - being the divident of 2 patents 
granted to THOMAS BOX - one on 26 November 1757, the other on 10 May 1760 - SS 
Neuse, on the river, adj MOSES TILGHMAN, EDWARD FROST, the line formerly 
JOSEPH MARSHALLS and the line formerly MAJOR CROOMS - corner formerly MAJOR 
CROOM'S which was patented by THOMAS BOX now property of RICHARD CASWELL, to a 
corner of land conveyed by THOMAS BOX to EDWARD FROST, mill lands formerly 
JOSEPH MARSHALLS including all of land left unsold of the 2 patents of THOMAS 
BOX when he removed to South Carolina - land which was BOX'S by deed of 5 
August 1771 and conveyed to JOSEPH MUNDINE and by JOSEPH MUNDINE on 26 
December 1771 to JERUSHA TISDALE
WIT:  SAML SPENCER, THOMAS WADE JR.
23 November Court 1779  on oath of SAMUEL SPENCER, JNO. WILLIAMS, ISC
Enrolled Liber C p 128, 129 - 7 January 1780 - SAMUEL CASWELL, Clk
Certified Copy - 12 March 1851 - STEPHEN WHITE, ROD

END OF DOCUMENT


INDENTURE - EDWARD FROST TO RICHARD CASWELL

1 January 1780 - Indenture - EDWARD FROST of Dobbs to RICHARD CASWELL, 
Esq, Gov. of NC - 300 pds current money - tract NS of Southwest Creek - on the 
creek, adj MOSES TILGHMAN, Great Branch - 100 acres
WIT:  CHARLES MARKLAND, WILL. HOOKER
January Court 1780  on oath of CHARLES MARKLAND - MARTIN CASWELL, CC
Enrolled Liber C p 100 & 107 - 7 January 1780 - SAM. CASWELL, Regr

I certify this is a true copy - 23 Nov. 1853, STEPHEN WHITE, ROD

END OF DOCUMENT


INDENTURE - RICHARD CASWELL TO JESSE COBB

NOTE:  It is sometimes unclear which tract belonged to whom so this abstract 
is almost word for word   
13 January 1783 - Indenture - RICHARD CASWELL of Dobbs County to JESSE COBB, 
merchant, of same - 10,000 pds current money pd by ALEXANDER LEITH whose 
interest in the lands herein described and also 70 shillings spice pd by sd 
JESSE COBB - several plantations on SS Neuse - one tract patented by GEORGE 
METTS on 25 September 1754 - SS of Southwest Creek, adj BENJAMIN HEATON - 200 
acres - 32 acres lying at the lower end of sd tract being a part of land 
conveyed to KITTREL MEANDINE by deed from THOMAS BOX on 4 July 1765 and by 
KITTRELL MANDINE to JOSEPH MARSHALL together with first above mentioned tract 
of land by deed 27 February 1769; another tract - SE of Southwest Creek, adj 
JOHN NUNN, Rooty Branch, SAMUEL BOX, MARSHALL - 250 acres being part of a 
tract patented by JOHN NUNN 5 May 1769 and by him sold to JOSEPH MARSHALL on 5 
February 1770; another tract - SE of Southwest Creek part of 2 patents, one 
granted to EDWARD FROST --- ---- 1761 and the other granted to RICHARD MASON 
for 200 acres on 11 April 1749 - adj MASON, mouth of Cabbin Branch, Mouth of 
Mirey Branch, MARSHALL, SAMUEL BOX - 178 acres being conveyed to JOSEPH 
MARSHALL by KITTREL MANDINE on 3 March 1769. The above several tracts 
containing in the whole 660 acres were conveyed to CASWELL by JOSEPH MARSHALL 
on 23 March 1772; NOTE; Not clear if this is another tract - 150 acres granted 
by patent to JOHN COART on 21 July 1774 and sd Coart conveyed to CASWELL on 30 
December 1774 - SE side of SW Creek adj LEONARD LOFTIN, CASWELL'S OWN LAND, 
NIXON, GEORGE MOYE, AYLER, STOREZ, HOPKINS, former line of JOHN NUNN on Rooty 
Branch then along NUNN'S patent line - 177 acres including the plantation 
whereon THOMAS BOX formerly lived called the Blue Banks, being part of a tract 
containing 251 acres granted by Patent to GEORGE THOMAS on 17 November 1738 - 
adj late widow ARRENDAL which was conveyed by THOMAS BOX to BENJ. DOWTY on 29 
October 1765 and by sd BENJAMIN DOWTY to MAJOR CROOM on 12 December 1768 and 
by sd CROOM conveyed to RICHARD CASWELL on 7 November 1772, on the river NOTE; 
Not sure if this is another tract - 127 acres NS Southwest Creek - adj EDWARD 
FROST including gristmill which was conveyed by THOMAS BOX to KITTRIL MUNDINE 
on 26 October 1765 and MUNDINE conveyed to MAJOR CROOM on 12 December 1768 and 
CROOM sold to sd CASWELL on 23 March 1772 - 300 acres being a divident of 2 
patents granted to THOMAS BOX on 26 November 1757 and the other on 10 May 
1760 - adj MOSES TILGHMAN, EDWARD FROST, former line of JOSEPH MARSHALL, 
former line of MAJOR CROOM - beginning at former line of MAJOR CROOM of land 
patented by GEORGE THOMAS to patent of THOMAS BOX, Neuse River, MOSES 
TILGHMAN - corner of land conveyed by THOS BOX to EDWARD FROST, mill line 
formerly JOSEPH MARSHALL - including all land THOMAS BOX left unsold of the sd 
2 patents when he removed from the State to South Carolina, which sd land was 
by sd THOMAS BOX on 5 August 1771 conveyed to JOSEPH MUNDINE and by sd MUNDINE 
to JERUSHA TISDALE on 26 December 1771 and by TISDALE conveyed by CASWELL on 
28 March 1775.One other parcel - 100 acres - NS Southwest Creek on the creek 
adj MOSES TILGHMAN, Grait Branch - part of a tract patented by THOMAS BOX and 
by him conveyed to EDWARD FROST and by FROST conveyed to sd Caswell on 1 
January 1780
WIT:  S. W.??  ARNETT, WINSTON CASWELL
July Court Dobbs County 1783 - M. CASWELL, Clk
Enrolled Liber C p 438 - 12 July 1783 - S. CASWELL
Certified Copy - 13 Jan 1850 - STEPHEN WHITE, ROD
Re-registered Book 42 p 789 - November 1911

END OF DOCUMENT


INDENTURE - JESSE COBB TO JOHN COBB

10 March 1800 - Indenture - JESSE COBB of Lenoir to JNO. COBB of same - love 
and natural affection for his son - all his lands on SS of Neuse (except one 
tract lying in Duplin County) and one plantation formerly DREWRY ANDREWS on NW 
of Southwest Creek total of 555 acres) -  several tracts containing 1337 acres 
which were conveyed from RICHARD CASWELL to JESSE COBB by deed of 13 January 
1783; another tract of 125 acres conveyed from JOHN CHARLES to JESSE COBB on 
15 December 1797; several other tracts of 200 acres conveyed from JEREMIAH 
LOFTIN to JESSE COBB on 17 December 1786; another tract of 333 acres conveyed 
from RICH. NIXON to JESSE COBB on 4 July 1787; another tract of 238 acres 
granted to JESSE COBB by patent 3 July 1800; another tract on ES Great Branch, 
part of patent granted to CHARLES MARKLAND and conveyed by MARKLAND to JESSE 
COBB on 10 July 1786- the said lands shall remain for the use of sd JESSE COBB 
during his lifetime - if JOHN COBB should die without heirs then the sd land 
to revert to other heirs of JESSE COBB to be divided equally
WIT:  J. COBB, Junr, SUSANNAH ISLER
July Court 1800 - S. BRIGHT, CC
Enrolled Liber 13 p 211 & 212 - 20 July 1800 - JAMES BRIGHT, Regr
I certify the above to be a true copy - 18 Oct. 1853, Stephen White, ROD

END OF DOCUMENT


INDENTURE - TRUSTEES OF THE UNIVERSITY OF NORTH CAROLINA TO WILLIAM C. LOFTIN

21 Feb. 1850 - Indenture - the TRUSTEES OF THE UNIVERSITY OF NORTH CAROLINA to 
WILLIAM C. LOFTIN - $75 for 75 acres - tract adj MOSES TILGHMAN, NS Great 
Branch, DR. CHANCEY GRAHAM,  SW Creek, corner made by THOMAS BOX in a 
conveyance to EDWARD FROST signed CHARLES MANLY, Governor of NC and ex officio 
President of the Board of Trustees of the University of North Carolina
WIT: C. L. Hinton
Registered at Raleigh 25, Feb 1850, RICHARD M. PERSON, J.W.
Enrolled Lenoir County 16 Sept 1850, STEPHEN WHITE, ROD
I certify the above is a true copy - 23 Nov. 1853, STEPHEN WHITE ROD




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