Lenoir County NcArchives Court.....Richard Cobb, William Loftin V. 1854 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ 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 This file has been created by a form at http://www.genrecords.org/ncfiles/ File size: 12.0 Kb