Lenoir County, NC - Harvey & Others vs Harvey, 1875
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NC SUPREME COURT CASE #11,140 MATTHIAS HARVEY AND OTHERS vs AMOS
HARVEY Lenoir County Jan 1875. Found at the NC Archives.
NOTE: A map of the road between New Bern and Goldsboro through this
immediate section of Lenoir County was attached. It shows the road
pretty much where hwy 55 is today, cutting across hwy 11 and going up
the Cameron Langston Road to Taylors Crossroads and then down the
Taylor Heath road.
10 Nov 1874 Lenoir County, In the Superior Court before Wm. W. N.
Hunter, Clerk Matthias Harvey, L. H. Aldridge & wife Eliza Aldridge,
Green Taylor, Mary C. Harvey, Joseph B. Harvey, Julia C. Harvey, John
R. Harvey & George Harvey, the last five infants, by their next friend
Matthias Harvey, Plaintiffs
Against
Amos Harvey, Franklin Harvey, Thomas Harvey & Needham Moore, Defendants
Summons - Amos Harvey, Franklin Harvey, Thomas Harvey & Needham Moore
State of NC To the Sheriff of Lenoir County Greetings, You are hereby
commanded to summon Amos Harvey, Franklin Harvey, Thomas Harvey and
Needham Moore, the defendants above named, if they be found within your
County, to appear at the office of the Clerk of the Superior Court for
the County of Lenoir within twenty days after the service of this
Summons on them exclusive of the day of such service, and answer the
complaint, a copy of which is served with this Summons, and let them
take notice that if they fail to answer the said complaint within that
time, the plaintiffs will apply to the Court for the relief demanded in
the complaint.
Hereof fail not and of this Summons make due return.
Given under my hand and seal of said Court this 14th day of
February, 1873.
Wm. W. N. Hunter, Superior Court Clerk, Lenoir County
The plaintiffs allege that Thomas Harvey Sr. departed this life 16 Nov.
1867 leaving surviving the Plaintiffs and the Defendants his only
heirs at law (with the exception of Needham Moore who was not an heir).
Thomas, at his death possessed one farm on two tracts of land in Lenoir
Co, one of the said tracts was adj to the lands of William Fields, J.
B. Taylor and others containing about 705 acres; the other tract adj
the lands of Jacob Lankston and was about 68 acres. Harvey had a Will
Franklin and Thomas received 250 acres each with no metes and bounds
but Thomas' 250 acres included the buildings where sd dec Thomas lived
and the 250 acres Franklin received included the building he then
occupied. Matthias Harvey's children received of the residue and
those children are Mary C., Robert B., Julia C., John R. and George
Harvey. The 250 acres received by Franklin was sold by the Lenoir Co
Sheriff in 1871 under an execution against the property of the said
Franklin and was purchased by Needham Moore. The interest of the
defendant, Amos Harvey, in the proceeds of the sale of the residue
being 1/4 was sold and conveyed by E. H. Chadwick assignee in
Bankruptcy of sd Amos to S. A. Harvey and by sd S. A. Harvey conveyed
to Eliza Aldridge which entitles sd Eliza to of the proceeds of the
residue sales as she was entitled to of the residue under the Will.
The 250 acres given to Thomas, the 250 acres given to Franklin and
purchased by Needham Moore and the residue have never been divided and
still held in common.
Amos Harvey was appointed Executor and went to probate Jan. Term 1868.
On 1 Nov. 186__ the part directed to be sold was bid by the plaintiff
Greene Taylor but he was unable to comply with the terms of the sale.
L. H. Aldridge for plaintiff Eliza made payable to Amos Harvey the sum
of $1200 dated 1 Nov. 1869. Now they are informed the testator gave no
power to the executor to sell the residue and the sale is null and
void. It is the duty of the heirs to sell the residue which they have
refused to do.
The plaintiffs wish the land divided and a sale ordered.
1 April 1873 - Ordered that Wiley T. Moseley, Thomas A. Heath and Wm.
J. Pope be appointed commissioners to divide the lands described in the
petition, and allot to the defendant Thomas Harvey 250 acres to include
the bldgs occupied by his father; to Needham Moore, 250 acres to
include the bldgs occupied by Franklin at the time of his father's
death; and to Matthias, Eliza Aldridge, Amos Harvey, Franklin, Harvey,
Thomas Harvey and Catherine E. Taylor, the residue of the lands to be
sold.
Signed by Wm. W. N. Hunter
The division was made
Lot#1 to Thomas Harvey adj William Fields, to the New Bern and
Goldsboro road where the Greenville road intersects, adj King, Johnson,
Joseph B. Taylor 250 acres plus the bldgs.
Lot#2 to Needham Moore adj Lot #1, Fields line, Elijah Fields,
Joseph Taylor, New Bern and Goldsboro Road, the canal, also a tract
known as the land Thomas Harvey dec purchased of Enoch Cox of 68
acres adj Jacob Langston, the public road, Joseph B. Taylor a
combined lot of 250 acres plus the bldgs.
Lot #3 adj to the fork of the Greenville and New Bern and Goldsboro
roads, up Greenville road, adj King, Fields 242 acres
In Superior Court, Lenoir County on 22 April 1873 the plaintiffs
recovered judgement against the defendants for cost appellant Needham
Moore & Wm. C. Moore intend to appeal for the following reasons his
lot was not the land the dec Thomas Harvey intended for his son
Franklin. The 68 acres was unconnected and distinct from the original
705 acres as the two tracts were mile apart. His lot was less
valuable than intended.
The Court found this division to be fair and lot 3 to be sold and the
NC Supreme Court upheld the local Court.
The platt of the Division of the Land which belonged to Thomas Harvey,
Dec.
This platt is most important because it shows a small section of where
the main New Bern to Goldsboro road on the north side of the river ran
in the late 1800's. According to the platt the road ran exactly where
part of the Cameron Langston road runs today. As far as we know this
road went through Fort Barnwell on the way to New Bern probably
following part of today's Hwy 55. The old Thomas Harvey home was
probably built by this Thomas' father ca 1810 - 1820 but it is still in
the same place. It is not clear from the platt exactly where the
Greenville to Kinston road went but it appears to have divided the land
between Harvey and William C. Fields which would have been on the west
side of Thomas Jr.'s 250 acre legacy. Today there is only a farm path
on the south side of the road and the Felix Hardison road on the north
side which cut through Lot 3 which was the residue of the estate.
Will of Thomas Harvey can be found under Wills.
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This file was contributed for use in the USGenWeb Archives by
Martha Mewborn Marble - 58marble@cox.net
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