LENOIR COUNTY, NC - COURT - Caldwell vs. Curtis, Jones and Westbrook,
1802.
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Civil Court: Caldwell vs. Curtis, Jones and Westbrook, 1802
NEW BERN DISTRICT CIVIL COURT RECORDS (NC Archives, Box 206.325.14)
Abstracted by: Rose Parks Rt.l Box 119-B Avery, Texas 75554-9722
201ramp@dishmail.net
Thanks to Roger Kammerer for finding this source, it has led to many
good connections.
State of North Carolina Lenoir County
Pleas held before ______Sheffield, Fredrick Jones, Walter Dunn, Benjamin
Hartsfield, ESQ and others of their brother Justice of Peace at
courthouse in Kinston 1st Monday of January 1802.
Be it remembered 1st Monday of January 1799 came Spencer Caldwell by
Robert White his attorney and complained of Thomas Curtis, John Jones
and Ellenor his wife and Gray Westbrook and Charlotte his wife, a plea
of covenant broken to his damage of 500 pounds, and the aforesaid Thomas
Curtis, John Jones and Ellenor his wife, Gray Westbrook and Charlotte
his wife represented by William Blackledge their attorney comes and
defends the forced injury and damages, saying they are in nothing guilty
and pleads declaration to be filed at next term and plea to be entered
as of this term and Spencer Caldwell did likewise, therefore it is
commanded of J.P. that a jury come before court to be held 1st Mon in
April next, for a trial between said parties.
It has been continued from date to date till Jan. 1802 when parties
represented by their attorneys came before jury of Edward Byrd, Benjamin
Griffin, Joel Hines, Aaron Ratcliff~ Ezekiel Haley, John Kouse? C~eb
Hooten, Daniel Powell, John Diamond, William Tuttle, Joshua Bryd, and
William Ervine find for the plaintiff on all pleas except on the plea of
infancy of Mrs. Jones and Mrs. Westbrook and awards the plaintiff
damages of 303 pounds 15 shilling and that he recover from defendant.
Defendant paying court cost.
The plaintiff being dissatisfied prays an appeal to next Superior Court
15 July and entered into bond with Hardy Croom and William Tull,
securities.
Clerk of Court, G. Westbrook
Court cost included paying expenses of witness's: Higotty Martin, Samuel
Byrd, Leonard Loftin, Elizabeth Nicholson, Anne Quinney? Gershom
Wiggins, this 8th day July 1803 G. Westbrook, Cle.
[** From Dobbs Grantor/Grantee Index transcribed by Martha M. Marble for
NCGS (Feb. 1996) Thomas Curtis sold to Margaret Wiggins between Jan.
1777 and April 1779 page 441. (reason for including Thomas Curtis in
suit)]
By orders of a Commission from the Superior Court of Newbern District to
take depositions in a certain matter, Robert Caldwell Admr. for Spencer
Caldwell is plaintiff Thomas Curtis et al defendant.
Deposition of John Full 1 Sept. 1804 before William Croom and Benjamin
Hartsfield "that Thomas Curtis told him that they agreed (Ellenor and
Charlotte Wiggins) to sell the land at such a time and ask him (Full) to
attend and cry for them, and Ellenor bid it and after, they appeared to
let Spencer Caldwell have it, and after time he agreed to take it,
taking 50 pounds less than Ellenor bid and that previous to this he
heard Peggy Wiggins say repeatedly that daughter Charlotte would be of
age the ensuing summer and if Spencer Caldwell would take the land he
could have bond and surety for her making the title as soon as he
arrived of age. He believes this was done as he saw a bond to effect and
says he never heard of a dispute about Ellenorts age."
Deposition of Major Croom 1 Sept. 1804 at the dwelling house of John
Bledsoe with Wm. Croom and Benj. Hartsfield present.
"I have often heard Mrt.(Margaret) Wiggins the mother of Ellenor say
that she was about my age and that she had often suckled him when she
gave suck to Ellenor and agreeable to records of my age, I was born the
29th of Nov in year 1755."
Deposition of Elizabeth Nicholson 4th of Oct at home of Jesse Cobb, Esq.
at Kinston with J.P. Robert White and Benj. Hartsfield present" after
the death of John Wiggins father of defendants Ellenor Jones and
Charlotte Westbrook, the father of the deponent married Margaret
Wiggins, mother of Ellenor and Charlotte, and there was a Bible in
possession of said Margaret, the family Bible of said John Wiggins and
birth dates of children of John and Margaret Wiggins were written. She
remembers perfectly that it said Ellenor Wiggins was born 18th December
1757 and has always known and understood during her long residence
together, that Charlotte is younger than her sister."
Deposition of Gershom Wiggins at home of Jesse Cobb. Esq. at Kinston 4th
day Oct. (no year given) with Robert White and Benj. Hartsfield present
"I lived in the family of James Nicholson after he married my mother the
widow of John Wiggins, who is father to the deponant, I have repeatedly
seen the Bible alluded to by Elizabeth Nicholson and I swear the record
of ages of my sisters is in the handwriting of my father, John Wiggins.
I know Ellenor is older than Charlotte and that my father died 18 Dec.
1767."
Deposition of Sarah Smith at house of Jesse Cobb, Esq with Robert White
and Benj. Hartsfield present 4th Oct.
"heard Mrs. Margaret Nicholson, mother of Ellenor Jones say that her
daughter completed the 10th year of her age on the day that John
Wiggins, her father, died. (Signed with her mark)
Deposition of Mrs Elizabeth Cobb sworn to at house of Jesse Cobb, Esq in
Kinston on 4th Oct 1802 with R. White and B. Hartsfield J.P.'s present.
"had conversation with Mrs. Margaret Nicholson the mother, I recommended
the old lady to remove from off the plantation where on she then lived
as her situation was uncomfortable, their children had sold the land.
The old lady replied that she had kept the plantation because after her
death the land would belong to the children for that at the time
Elleanor and Charlotte sold the land to Spencer Caldwell they were both
under age. This declaration as to the infancy of her daughters at the
time of executing said deed she had heard frequently from Mrs.
Nicholson."
Deposition of Samuel Byrd at dwelling of John Bledsoe 1 Sept 1804
between 2-3 P.M. "I was called upon to value a piece of land with Bryan
Whitfield, Sr., Caldwell, Gray Westbrook and others in the county of
Lenoir, and that the land was adjudged to be worth about $5.00 an acre,
and as a surveyor I had been called to run out and lay off such part of
the land of John Wiggins deceased as had been given by will to Gershom
Wiggins and Sarah Wiggins which be believes bears about one hundred and
10 or 20 acres or thereabout."
Deposition of Susanna Croom at house of John Bledsoe on Saturday 1st
Sept. in presence of Benj. Hartsfields and Wm. Croom, 'P's and Robert
Caldwell and Gray Westbrook "forty three years in Nov. next I moved from
Tar River to Neuse River near John Wiggins and I have lived in the
neighborhood the reater part of time within a mile or two of John
Wiggins, father of Charlotte and Elleanor and was intimate with them for
years and often heard Ellenor and her mother Peggy Wiggins say that she
was of the same age of my daughter Betsy who was born Nov. 1755 and
always understood from Ellenor and her mother that Ellenor was born in
the forepart of the same year which she thinks was the case from the
size of Ellenor and her look and appearance."
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