Lenoir County, NC - HEATH vs COBB, 1826

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NC SUPREME COURT CASE #1558  HEATH vs COBB  Lenoir County 1826. 
Found at the NC Archives. Submitted by Martha Mewborn Marble.

Complaint of John Heath  in August 1825 John Cobb of Lenoir County falsely 
alleged that John Heath had been guilty of stealing cotton from Cobb  Heath 
was arrested and put in jail  Heath was old, informed and poor and because 
Cobb was of such great weath and influence Heath could not get security and 
had to stay in prison from 10 August 1825 until the Oct Term  Cobb wanted 
Heath to admit to a judgement of $150 but he would not enforce the judgement 
if Heath suffered corporal punishment by reason of his prosecution  Heath 
agreed to this proposal  Heath stated he never owed Cobb anything before 
or since.

The Grand Jury did not return a true bill against Heath therefore the 
accusation was fraud. The agent for Cobb was N. G. Blount and Blount took out 
an execution but he was not to enforce it for 12 months. The 12 months has 
expired and Heath says Cobb is taking out another execution on him contrary 
to equity  Heath wants Cobb stopped.John Heath signed the complaint by mark

Answer of John Cobb  in August 1825, Cobb was confined to bed by a severe and 
dangerous illness  a bale of cotton was stolen at night from his storehouse, 
then the storehouse was set on fire and consumed with 2 other bales of cotton 
in it. Cobb's friends investigated and were certain Heath was guilty and the 
cotton was trailed to his house then taken to New Bern and sold.  One of the 
Negro thieves was taken up and punished and Heath was arrested  Cobb also 
thinks Heath was guilty of arson  Cobb also wanted damages for personal 
injury but was told it was dangerous. Cobb wanted $250 from Heath and he 
would stop the prosecution but they came to an agreed amount of $150 through 
Blount Coleman and Nathan G. Blount. Cobb denies ever saying he would not 
stop the judgement although he did admit the Grand Jury did not return a bill 
but he does not know the reason other than they wanted definite proof.

Sept 1826  Lenoir County  To Joseph Loftin, Sheriff  you are not to sell 
a parcel of land owned by John Heath of 150 acres now under execution in favor 
of John Cobb and advertised for Dec at public sale  signed Abner Pearce, CME

Sept 1826  To John Cobb  you forebear from satisfying an execution against 
John Heath in your favour of $150 out of the lands of John Heath now under 
execution to be sold

15 Nov 1826  State of NC Lenoir Co  John (x) Heath and Henry Heath bound to 
John Cobb for 250 pounds

March 1831  John Cobb brought a Bill of Complaint against Heath

DEPOSITIONS

1. 5 Jan 1820  Mr. Blount came to the prison where I was and proposed to Mr. 
Heath to make up for a certain sum  Blount came a 2nd time and told Heath he 
hated to see him take a whipping for $20.00  Stephens admitted to being drunk 
about that time but sober that day
2. Frederick Jones, Esq  I was at work near Mr. Blounts  Mr. Daniel Daughety 
came up and said Heath wanted to compromise  Henry Heath was the surety for 
John Heath
3. David George testified that Henry Heath had inadequate resources to be surety
4. Blount Coleman  the Negro who helped John Heath was named Dick  evidence 
against Heath was a sign of sawdust and cotton in the bushes on the path, a 
cart going to Heath's house and that Heath had sold a bale of cotton in New Bern 
right after the incident

John Heath said he bought the bale of cotton and Isham Jackson backed him up.

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This file was contributed for use in the USGenWeb Archives by
Martha Mewborn Marble <mmarble@erols.com>
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