Lenoir County, NC - James Parrott et al v. James Wood, 1852

#6407 JAMES M. PARROTT Exec of William C. Jones et al vs James Wood
NC Supreme Court Case found at the NC Archives, Raleigh, NC

Lenoir Co Dec 1852

Court of Equity

Complaint of William C. Jones, Blaney Harper, and Jacob Parrott of 
Lenoir Co vs James Wood  about 1841 Isaac Croom Sr. departed this life 
intestate possessed of a large and valuable piece of land on the NS of 
the Neuse River adj John Sutton, James R. Croom, John Croom containing 
3000 acres more or less and the parcel descended to the following as 
heirs  Catherine Wayne, Nancy the wife of William Herring, Penny the 
wife of William H. Haywood, Lydia the wife of William P. Moseley, Betsy 
the wife of David Jones, Mary the wife of Frederick R. Jones, William 
A. Croom and John L. Croom representing their deceased father Abraham 
Croom who was a brother of the sd intestate and entitled to one 
undivided fifth  they have now sold their interest to the defendant 
Caroline the wife of K. M. Moore, Darthula Croom, Henrietta Croom and 
Mary Croom representing Joshua Croom also a deceased brother and also 
entitled to one fifth of said lands  and has by them under a decree of 
the court been conveyed to and purchased by the defendant Mary Loftin a 
sister of the said intestate and Olive the wife of Joshua Byrd also a 
sister of the sd intestate each entitled to one fifth of the land, and 
David Jones, Frederick Jones, Jesse Jones, Elizabeth Jones, your orator 
William C. Jones, Martha Egbert and James Westbrook the children and 
grandchildren of Elizabeth Jones who was a sister to the said intestate 
and entitled to the remaining one fifth and whose interest has been 
sold to the said orator  said orator filed at the Court of Pleas and 
Quarter Sessions a petition for the partition of said land which was 
approved and 5 commissioners were appointed and Reuben Barrow was 
appointed surveyor  the following was the allotment

Lot # 1 - to heirs of Mary Lofton
Lot # 2  to heirs of Abraham Croom
Lot # 3  to heirs of Joshua Croom
Lot # 4  to heirs of Elizabeth Jones
Lot # 5  to Olive Byrd and her husband

The division line between Lots # 3 & 4 was a large white oak, a well 
known cliff on the river and the surveyor and commissioners understood 
this was the boundary and should go all the way to the river  at the 
time of the survey the division line was not run to the river  the 
defendants (Wood) purchased Lots # 2 & 3 and your orator purchased lot 
# 4  Wood planted what he wanted on the land  your orator had another 
survey done and discovered a great mistake was made at the bluff on the 
river and would take away 150 acres from Lot # 4  if the land had 
stayed in the hands of the heirs, the mistake would have probably long 
been corrected  when the mistake was learned your orator requested 
that the defendants look into the matter and make corrections which he 
refused to do  your orator requests that the court correct the matter
Signed by F. B. Satterwaite, attorney

NOTE: William C. Jones signed on 7 Oct 1847 that this information was 
correct

END OF DOCUMENT

Bill of Complaint of Elizabeth Jones, Agnes Jones, William Jones, James 
M. Harper  stated that on 7 Oct 1847 William C. Jones, Blaney Harper 
and Jacob Parrott exhibited their bill of complaint against James Wood 
 no decisions has yet been made and since the first complaint was 
made, the said William C. Jones has departed this life having made his 
last will and testament and he devised the contested tract to 
Elizabeth, Agnes, James and William Jones  they stated "that the suit 
and proceedings having become abated by the death of the said William 
C. Jones  written in above this  and Blaney Harper"  and they wish 
the matter to be settled 

END OF DOCUMENT

Blaney Harper died the ---- day of January last with a will  (no date) 
 Harper in his will devised his interest to James M. Harper as his 
distributee

END OF DOCUMENT

Answer of James Wood  said it was true the land belonged to Isaac 
Croom and descended to his heirs and he purchased the Lot of Abraham 
Croom's heirs  at Spring Court in 1847 Leah D. Croom then an infant of 
tender age, K. M. Moore, Elizabeth Moore, Henrietta Croom and Mary 
Croom heirs of Joshua Croom filed with the court saying their allotment 
was only 376 acres  the land was sold at public auction to sd 
Defendant  as far as he knows the division was correct  he has spent 
a lot of money to improve the land and added to the value  to take any 
of his land away would have made him overpay for the original acres
Signed James Wood

END OF DOCUMENT

A plat  not sure if the original Barrow platt  the sections are long 
and fairly narrow

Heirs of Mary Loftin  447 acres
Heirs of Abram Croom  375 acres
Heirs of Joshua Croom  376 acres
Elizabeth Jones  442 acres
Olivia Byrd  406 acres

END OF DOCUMENT

Summoned to testify
Louis C. Desmond, Reuben Barrow, Jon Sutton (Bucklesberry), James M. 
Harper and James M. Parrott  6 Jan 1848

Isaac Chestutt also to testify

There is a small document that indicates Pirsey Jones was also a plf 
with James M. Parrott

DEPOSITION OF REUBEN BARROW 
He stated the line on the platt was correct but the course of the line 
in the report was incorrect and the report course would not have been a 
fair division  stated it was at least 2 years after the line was run 
after the division was made  the line between Lots # 1 & 2 should also 
have been a little lower  thinks the Jones lot falls short 120 acres 
of what the Commissioners intended  the original intent was the 
dividing line should go to a well known bend in the river

DEPOSITION OF JOHN SUTTON
Had been one of the Commissioners - stated that two of the 
Commissioners are dec  William Gray and Henry Herring  the plf, 
Parrott, asked if he remembered going to his house with William Gray at 
the request of William Jones to discuss this matter  he was told that 
Jacob Parrott would be livid is this matter was not settled

DEPOSITION OF LEWIS DESMOND
He was also one of the Commissioners  assume the original land on the 
platt to be correct

Called to testify on 8 March 1850  James Warters, Joseph G. Herring, 
W. H. Croom and James Herring NOTE: on this document it indicates that 
Thos Uzzell and wife were also plf.

ANOTHER DEPOSITION OF REUBEN BARROW

Did not survey the entire tract as it was wet and difficult to survey 
through the swamp  the line was intended to strike the river at the 
bluff  I have since re-run the lines

DEPOSITION OF JESSE NOBLE
Also ran a survey line along with Reubin Barrow between Lots # 3 & 4 at 
the request of James M. Parrott  also ran the lines between Lots # 
2,3,4 at the request of James Wood and by William C. Jones dec  acres 
fell short by 60 acres  there was a difference of 168 acres between 
the surveys  I understand the 268 acres now belongs to James Woods

Another document indicates that Persis Jones later became Persis Hardee
NOTE: Persis Arendell Parrott md first William C. Jones and 2nd 
Pinckney Hardee. Persis was the sister of the plf James M. Parrott and 
their sister, Charlotte md James M. Harper, son of Blaney Harper 
another plf. The Parrotts were children of Jacob Parrott mentioned in 
the case.

James Wood appears to have purchased his portion in 1845 according to 
the deposition of Dempsey Wood

Isaac Barwick was deposed  stated Wood had improved the land with the 
knowledge of Jacob Parrott  land in dispute is worth about $12 to $13 
per acre  has rented some of the land in dispute  signed by mark

Deposition of James P. Chestnut  no further information

Deposition of John M. Aldridge  stated that Wood told him he had 
purchased 2 lots containing 800 acres but really had 1000 acres

END OF CASE

Additional information can be found in the John Heritage Bryan 
Collection at UNC  CH. Bryan appears to have been the attorney for one 
of the parties. In some cases this information assists the researcher 
in sorting the generations with the exception of possibility the 
Westbrooks.

The John Heritage Bryan Collection, Southern Historical Collection, 
Wilson Library, UNC - Chapel Hill

SERIES 3.2

1. Folder 709 - 1841 ? 

Mary Loftin
Olive Byrd   Joshua Byrd
David Jones
Elizabeth Jones
Fred. M. Jones
Jesse Jones
Wm. C. Jones for the heirs of Margaret Westbook - out to the side and 
below Margaret's name are listed in ( ) with Westbrook written next to 
the ( )
                         James
                         Martha
                         Egbert
NOTE: The way it is written indicates James, Martha, and Egbert were 
Westbrooks

Wm C. Jones for self
Will M. Croom
John L. Croom
Mary Jones   Fred Jones
E. J. Jones
Catherine Wayne
Nancy Herring   Wm. Herring
Lydia Moseley    Wm P. Moseley
Penelope Haywood  Wm H. Haywood
Caroline Moore  K. M. Moore
Mary A. Croom
Henryetta Croom
Dorthula Croom

On the back - land lying in Lenoir on NS Neuse adj James R. Croom, Jno 
Sutton and others - 3000 acres or more (Isaac Croom dec)

2. Folder 710
  State of North Carolina  Lenoir County - July 4 1842 - To the 
worshipful the Court of Pleas and Quarter Session, July Term 1842. Your 
petitioners humbly showeth (?) that the estate of the late Isaac Croom 
dec is not in debt that the perishable property of the said decd has 
been sold & that the lands and negroes have been rented and hired for 
one year. Thus the Term for which they were rented will ?? expire about 
the last of Dec 1842.  We the undersigned heirs at law of the aforesaid 
Isaac Croom dec humbly pray your worships to grant ?? a division to be 
made in the said estate that your partitioners may divide portion of 
said estate for which were will every pray
  Signed by
Mary Loftin
Wm H. Haywood in Right of my wife Penelope B. Haywood
Wm C. Jones
Elizabeth Jones

3. Series 3.2 Folder 710
Lenoir County - 9 June 1842 - To the Honorable the Judge & Justices of 
the County Court of Lenoir County, North Carolina.  The undersigned 
hereby showeth that the Estate of Isaac Croom late of said County dec 
is not indebted that the perishable property belonging to said estate 
has been sold that the lands & negroes were rented & hired for one year 
that the term for which they were rented & hired will expire next month 
?? ?? - that we the undersigned are heirs at law of the aforesaid 
estate that we cannot ?? why said estate should not be divided 
according to law at the exparation of said time for which said lands & 
negroes were rented & hired. That we therefore humbly petition you to 
paas ?? an order to that effect & that we your petitoners will and pray 
the court under our hands this 9th day of June 1842
Signed by
K. M. Moore in right of his wife Elizabeth C. Moore & as administrator 
of the estate of Joshua Croom dec & Guardian for the other heirs of 
said Croom
J. H. Byrd in right of his wife
Names of Fred. Westbrook - Marthy Westbrook, James Westbrook, Frederick 
Westbrook
Names of Joshua Crooms children - Elizabeth Caroline Moore, Darthula 
Croom, Henretta 
Croom, Mary Croom

Isaac Croom J (?)r  died leaving Pinkney Hardee adm - Mary Croom his 
mother - brother Abraham, Joshua both of whom died in lifetime of Isaac 
Croom - Abraham left Henry, John, Mary, Betsy, Catherine, Nancy, Lydia, 
Penny - now Mary married Fred Jones; Betsy married David ? Jones, 
Catherine married Barna Wayne who/dec ?? before Isaac Croom; Nancy 
married Wm. Herring, Lydia married Wm Palmer Moseley, Penny married Wm 
H. Haywood

Joshua died in lifetime of Isaac Croom leaving Elizabeth C who married 
K. M. Moore, Darthula, Henrietta; Mary,. (It is unclear if this is a 
dot or comma behind Mary)  Betsy a sister (who married & died in his 
lifetime) Jesse Jones Jr leaving David, Fred, Jesse, William, Peggy who 
married Fred Westbook & died since Isaac Croom Jr dec.  Mary who md Ila 
Loftin - Loftin died before Croom & Olive who married Joshua Byrd both 
being a sister.

END OF JOHN HERITAGE BRYAN NOTES

In addition, Francis Hodges, sent the following abstract that he posted 
which appears on the surface to dispute the ownership chain of the 3000 
acres that Isaac Croom owned.

Nature of document:  Indenture
Date:  1 March 1844
Grantors:  Heirs of Isaac Croom, decd., represented by Lewis C. 
Desmond, attorney
Grantees:  John C. Washington, Jesse Kennedy, James A. Hodges
Location:  "on the waters of Falling Creek and in Bucklesberry Pocosin"
Extent:  3,000 acres
In consideration of:  10,000 dollars
Mentioned in description of bounds:  Henry Herring; James R. Croom, 
decd.; John Croom; Dr. Abram Croom; Isaac Croom, decd.; William Gray; 
children of Isaac Wiggins; Reuben Barrow; Jesse Kennedy; Benjamin F. 
Parrott, decd.; Jacob Parrott; Jonathan Rouse, decd.; William I. Sutton
Witnesses:  Thomas S.  Clark, William Brown

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