Lenoir County, NC - BARWICK vs Barwick, 1850

                       ~~~~~~~~~~~~~~~~~~

#6758 BARWICK vs BARWICK & others

Andrew J. Barwick vs Joshua Barwick, James Wood and John M. Brown  Lenoir 
County 1850

Action of trespass for the conversion of two slaves named Allen & Betsy to the 
Wayne County Court Spring Term 1850. Plt offered into evidence the Will of 
Benjamin Sutton, a copy of the record of Lenoir Co Court at July Term 1846, a 
bill of sale from Joshua and wife Winifred  all showing the slaves were in 
the possession of Sarah Sutton  plf stated that shortly after the division of 
the slaves they were in his possession. A wit stated that Joshua Barwick told 
him after the execution of the Bill of Sale that he had sold the negroes to 
the deft Wood for $550 and that Wood had paid him $25 and a note for the 
residue  the wit purchased this note from Joshua and after the bringing of 
this suit presented it to the deft Wood for payment who refused to pay until 
the suit was settled and he also stated he had given his own note and paid 
some on it.

Richard King was also a wit for the plt and said he served the writ in this 
case on the deft Wood and Wood said to tell Brown not be be scared and not to 
say anything  Brown then said he saw Wood carry off the negroes to sell and 
he went with Wood to the railroad

The defts introduced no evidence that Sarah Sutton was dead

The defts stated that at the time of qualification of the will of Benjamin 
Sutton the will had not been probated and the extrs could not divide the 
property.

Jury found for the plf

END OF DOCUMENT

A. J. Barwick said the slaves were worth  Simon $125, Nicey $200, Benj $400 and 
Allen $400  bond given of $2250

The Wayne Co Court found for the plt in the amount of $1050 for conversion of 
Betsy and Allen

DEED

State of North Carolina, Duplin Co

30 Nov 1837 (sic) - Joshua Barwick & Winifred Barwick to Jackson Barwick  Bill 
of sale for negroes  Linda, Nat, Grace, Betsy, Arab, Beu, Ava, Charity, Allen, 
Lear, Niscea for $300  all rights, titles and interest  lot of negroes and 
refers to the Will of Benjamin Sutton

Both signed by mark
WIT  E. Cobb

To Court in Duplin Co Jan Term 1838 on oath of E. Cobb
Jas Dickerson, Clk

Copy made on 29 May 1850

END OF DOCUMENT



At Court in the July Term 1846 Jesse Lassiter, Joshua Moseley and Nathan G. 
Blount were appointed to a committee to divide the negro slaves belonging to 
the estate of Sarah Sutton between Nancy Sutton, Mary Rouse wife of Richard 
Rouse, Winifred Barwick wife of Joshua Barwick, Elizabeth Ellis wife of Alfred 
Ellis heirs at law of Sarah Sutton.

The division was returned at Oct Court 1846 as follows

Betty Ellis wife of Alfred Ellis drew Lot No 1 viz
Ben       valued at $400
Charity   valued at $400
Mary      valued at $300
Total of $1100

Mary Rouse wife of Richard Rouse drew Lot No 2
Ava & Scevis ??           valued at $500
Grant                     valued at $400
Sylvia                    valued at $225
Total of $1125

Winifred Barwick wife of Joshua Barwick drew Lot #3
Simon & wife           valued at $250
Allen                  valued at $400
Betty                  valued at $400
Total of $1050

Nancy Sutton drew Lot #4
Ava       valued at $400
Grace     valued at $200
Sarah     valued at $350
Lettress  valued at $175
Total $1125

The distribution share was $1100 so Richard Rouse and Nancy Sutton will each have 
to pay to Winifred Barwick wife of Joshua $25 to make the shares equal

END OF DOCUMENT


COURT DECISION

Benjamin Sutton by his will gave a number of slaves to his wife Sarah Sutton for 
her life and at her death to be divided among his four daughters, one of whom was 
Winifred the wife of Joshua Barwick one of the defendants.  Joshua Barwick and 
his wife sold the interest in said slaves to the plt who took four of them into 
his possession. Afterwards the said Joshua sold the two slaves sued for to Wood, 
one of the defendants  - defendants marked through -  who with the assistance of 
the other defendant Brown took them from the possession of the plff and sent 
them out of the state whereupon this action was brought.

The case made up by his Honor states that it was not proven that Sarah Sutton 
was dead. The plf insisted that he was entitled to recover on two grounds  1st 
because he had the title and 2nd because he had the possession and could recover 
against wrong doers.

His Honor charged that the plt could not recover on the first ground because it 
was not proven that Sarah Sutton was dead but he charged on the 2nd ground that 
if the plt was in possession of the slaves and the defts took them and sent them 
out of the country he was entitled to recover their value with interest from the 
time of the conversion as the defts were wrong doers. The defts excepted the 2nd 
charge.

A slave possession is sufficient to maintain an action of trespass against a 
wrong doer.

The Supreme Court reversed the original decision.

Copy of Will of Benjamin Sutton attached.

___________________________________________________________________

Copyright. All rights reserved.
http://www.usgwarchives.net/copyright.htm

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