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    1. [RowanRoots] Re: [NewRiver] Fw: geneology
    2. In 1785, what was the name of the county at the time he lived in it and, pardon my ignorance, what county did they want to form? The Papers of the Congressional Congress should have the memorial from the citizens who signed it in regard to the new county. Include the approximate date so I can be sure I am looking for the correct thing. Next question for the lists in general!!! Reply to me privately and I will send the condensed opinions out to the lists. I was looking thru the M247 series (Papers of the Congressional Congress) at random tonight, e.g. randomly picked out three rolls of film to read. One roll, 66, had affidavits from Americans regarding British brutality and crimes of war. Several pages of affidavits dealt with women from Hunterdon (sp?) county, NJ who were molested / "known in a carnal sense". My question is, while this is history, should I publish the information regarding the rape of these 5-6 young women? There is a decision to be made whether history or right to privacy, 200+ years, apply. Also, does this serve the genealogical record for the families involved? HELP!!!! Could someone get the last part to Jeff to get his opinion? Thanks in advance for your advice (not guaranteeing I will take it but....), Billy

    09/03/2003 10:31:08
    1. [RowanRoots] Cemetery info: Misc Counties in NC JONES
    2. jschulke
    3. Milton Cemetery, Caswell Caroline Jones d 13 Dec 1915 Frank B Jones b 5 Jul 1860 d 7 Apr 1931 Ella Ray his wfe b 11 Sep 1868 d 12 Oct 1954 son: Clarence Ray Jones b 17 Mar 1889 d 5 May 1891 son Frank Jones b 8 Dec 1899 d 6 Sep 1903 Mamie E Ray dau of WP and BE Ray b 23 Jun 1879 d 27 Sep 1880 W P RAY Co. J 1st NC CSA no dates wfe Bettie E Ray b Halifax Co., VA d 6 Apr 1919 age 75 unknown cemetery, Caswell Co., NC Calvin Jones b 26 May 1839 d 7 Nov 1913 m 12 Nov 1860 Anna Eliza (McKEE?) b 12 Nov 1840 d 2 Sep 1899 dau: Susan Corinna b 2 Nov 1861 d 1 Jul 1902 m 28 Jan 1885 James William Turner Yanceyville Presbyterian Church, Caswell Priscilla J Jones wife of Dr. Willie Jones b 10 Oct 1818 d 11 Jul 1889 Joseph E Rudd Farm, Caswell Mary Ann Jones, wife of Capt. Richard Jones d 4 Mar 1852 aged 60 years Strader Farm, Caswell Sally Jones Orr 1795- 1872 wfe of Jesse Orr 1795- 1887 ***************** Carver Creek Cemetery, Council, Bladen Co., NC Calvin Jones b 14 Apr 1829 d 14 Oct 1931 Horton Cemetery, Blackstone Caldwell Co., NC Calvin C Jones b 7 Jan 1813 d 2 Nov 1896 W G Jones Family Cemetery, Red Oak, Nash Co., NC Calvin F Jones b 14 Oct 1815 d 4 Feb 1910 Lawson Cemetery, Leakesville, Rockingham Co., NC Thomas J Jones b 23 Dec 1897 d 18 Jun 1957 Susan Ivie Jones b 4 Mar 1899 d 5 Jul 1961 Draper Cemetery, Rockingham Co., NC J H Jones b 1 Mar 1870 d 21 Jan 1941 Lillian C b 28 Nov 1871 d 27 Mar 1948 James C b 31 Mar 1912 d 3 Nov 1953 Ruffin Cemetery Rockingham Co., NC A L Jones b 1827 d 13 Nov 1900 William Draper Jones b 9 Jan 1867 d 7 Dec 1938 ********************

    09/03/2003 01:23:18
    1. [RowanRoots] Re: Old Heidlelberg Ch & Cem Records??
    2. Fredric Z. Saunders
    3. The original church records were translated by Thordore Buerbaum in the 1920s, and published by Cora C. Curry in the *National Genealogical Society Quarterly,* XIX (March 1931), 4-10. They were republished by Jo White Linn in *Rowan County Register,* 4 (Aug. 1989), 861-872. She stated that the original had disappeared since the time of Curry's publication. Rick Saunders http://genealogypro.com/fsaunders.html

    09/03/2003 12:49:29
    1. [RowanRoots] Old Heidlelberg Ch & Cem Records??
    2. Hal McCawley
    3. Anyone know if, how, and where these records are available? Best, Hal McCawley

    09/03/2003 11:09:17
    1. [RowanRoots] Rowan Co., NC Supreme Court JONES
    2. jschulke
    3. Rowan Co. NC Supreme Court after 1812: Willam Jones, Richard Jones, Sarah Jones William Jones, being seized of the lands in dispute, made his last will, duly executed to pass his real estates, and therein devised as follows, "I lend unto my son Richard Jones, during his natural life, and during his wife Sarah Jones' widowhood, all my lands lying on the north side of Burwell Gilliam's spring branch, and on the north side of the north prong of Canoe Creek; and if the said Richard Jones should die without lawful issue, I give the above mentioned tract of land unto my grandson, James Johnston, to him and his heirs'. The testator died in 1784, and Richard Jones the devisee, took possession of the lands, and continued in possession until the summer of 1804, when Richard Putney, Jr. recovered a judgment against said Richard Jones in Northampton Co., Court for 73 18 4, and costs of suit; an execution was issued thereon, directed to the Sheriff of Northampton, commanding him that of the goods and chattels, lands and tenements of said Richard Jones, he cause to be made the said debt and costs. This execution was levied on the lands in dispute, and at the sale, Richard Putney, Sr. the defendant, became the purchaser. The Sheriff executed to him a deed for the lands and he entered and took possession, and hath retained possession ever since. Richard Jones, the devisee, died in 1812, intestate, and the lessors of the Plaintiff were his issue, and only heirs at law. At the time the execution issued, Eaton Haynes was the clerk of Northampton County Court, and Richard W Freear was his deputy. The execution was tested by Richard W Freear, "deputy clerk," and signed by him as deputy clerk. The Sheriff's deed recited the execution as 'tested by Richard and W Freear, deputy clerk." The questions made upon the trial of the case were, 1st. Whether Richard Jones took an estate for life, or in fee, under the will? and 2nd. Whether if he took an estate in fee, the title was divested out of him and vested in the Defendant, by virtue of his possession and the colour of title accompanying it? The case was sent by consent to this Court. Mordecai, for the Plaintiff. Hall and Murphy, (who sat for Judge Henderson), Judges declined giving any opinion upon the first question made in this case. Upon the second question, they were of opinion that the Sheriff's deed to Putney was colour of title, and he having had seven years possession under it, the right of entry in the lessors of the Plaintiff was barred. Taylor, Chief-Justice: The questions arising in this case are, whether Richard Jones acquired a fee simple in the land under the will of his father, William Jones; and if he did, then whether the title was divested out of him and vested in the Defendant by virtue of his possession and the colour of title accompanying it. It is impossible to read the will, and to doubt that the intention of the testator was to give to Richard Jones an estate for his life only. It is equally clear that he intended no benefit to be enjoyed under the devise to his grandson, James Johnston, as long as there were any issue of Richard Jones remaining. This was the general intent, to which the other, the particular intent, must give way, where it is impossible to reconcile them. That cannot be done in this case, for the issue of Richard Jones can only take by a descendible estate being vested in their ancestor; and in giving this construction to the will, the Court do no more that the testator himself would probably have done, had he been aware that his general object could not have been attained, without giving up his particular intent. If the issue were held to take by purchase, then, upon the death of one, his share would go over to James Johnston; which certainly was not intended by the testator. This consideration, when coupled with the act of 1784, ch 22, shows clearly that Richard Jones was tenant in fee simple of the land sued for. The objection made to the colour of title set up by the Defendant is, that the Sheriff's deed recites the execution under which the land was sold, as having been signed by the deputy clerk, and being, therefore, void upon the face of it, could not enure as colour of title. One general ground, on which it has been held that a colour of title is necessary, where a party relies upon the statue of limitations is, that the act did not intend to protect those who knowingly took possession of another's lands, and sought to acquire a title by continuing a trespasser for seven years. Whether that principle be correct, or whether a person can in any case fortify his possession by a colour of title which purports on its face, that the alienor had no right to convey the land, I leave as questions to be settled as they arise. But I think it may be affirmed, without hazard, that a deed may operate as colour of title, which does not necessarily purport the want of authority in the seller to convey, or which may in truth be consistent with such an authority. A man purchasing at a Sheriff's sale, under an execution issuing from his own judgment, may be thought prima facie to be reasonable ground to believe that the Sheriff has a right to sell; and this presumption ought to remain, at least, until he is instructed by the Sheriff's deed, that the authority to make the sale was void under all it circumstances. If any case can be stated, wherein the execution might be signed by the deputy clerk, it may be intended, that the purchaser believed that case to have happened, when he received a deed from the Sheriff. It makes no difference, that it now appears to the Court, that such a case had not happened, for the enquiry turns not upon the fact, but upon the purchaser's belief. Such a case is provided for by Laws 1777, Ch 2, Sec. 95, and there is nothing to bring home to the purchaser, a knowledge that the principal clerk was alive at the issuing of the execution. This case, therefore, is not to be distinguished from that of a person, who enters upon the possession of land, believing that he has a right to do so; and as he claims under a deed, which, for anything appearing to the contrary, announced to him the rightful exercise of an authority in the Sheriff to sell, it must amount to a colour of title. Upon both grounds, therefore, I think there ought to be judgment for the Defendant. *********************

    09/03/2003 08:56:20
    1. [RowanRoots] Caswell County NC Cemeteries - JONES
    2. jschulke
    3. Caswell county NC Cemetery records Vol 2 Jones Family Cemetery Emma Jones Gwyn no dates Robert Zery Gwyn b 14 Mar 1840 d 18 Jan 1927 Member: CO C 34d NC Cav. CSA Carrie B Jones wife of Robert H Jones b 8 Apr 1872 d 3 Oct 1952 Ethel C Jones dau of R H and Carrie Jones b 12 Apr 1909 d 21 Jul 1909 George L Jones husband of M Fannie Jones age 82 Isaac C Jones son of R H and Carrie Jones b 12 Apr 1910 d 4 Sep 1910 Junius Cecil Jones son of R H and Carrie Jones b 21 Jul 1904 d 24 Oct 1904 Robert H Jones husband of Carrie B b 5 Apr 1855 d 29 Jul 1935 Thaddeus Cornelius Jones b 14 Sep 1849 d 9 Sep 1919 1st wife: Rebecca J Roberts d 2 Jul 1886 2nd wife: Mary E Waynick b 12 Oct 1869 d 25 Dec 1936 Julious C Wadlington b 17 Apr 1847 d May 1863 Pelham Methodist church James Andrew Jones b 1866 d 1902 Bethesda Presbyterian Church John Jones b 1792 d 20 May 1854 Red House Presbyterian Church Lelia Barker Jones b 3 Nov 1889 d 15 may 1954 Mary Lee Jones b 3 Jan 1840 d 26 Sep 1915 Robert W Jones b 14 Feb 1836 d 3 Mar 1924 Yancyville Missionary Baptist church Lillie R Jones d 9 Nov 1876 age 15 years 11 mos 11 days Mary F Jones dau of James and Elizabeth Jones d 12 May 1853 age 1 mo 1 day Oscar B Jones son of F H and E J Jones d 29 Oct 1876 Unknown cemetery: Mattie Williams Jones b 2 Feb 1897 d 18 Oct 1905 ? Sarah Lipscomb Jones, wfe of Thomas Oldham Jones b 20 Oct 1869 d 6 Jul 1952 Thomas Oldham Jones Sr. b 26 Jan 1859 d 18 Dec 1909 Thomas Oldham Jr. b 8 Dec 1903 d Dec 1935 Cooper Cemetery: Fannie Jones b 1820 d 22 Jan 1893 Susan Ann Jones b 22 Jun 1839 d 14 Jun 1891 Unknown cemetery: Anna Jones wfe of John Jones b 10 Aug 1793 d 14 Feb 1875 Evelina K Jones dau of J L and M M Jones d Jul 1856 age 1 yr 9 mo 3 days John Jones husband of Anna Jones d 29 May 1854 age 62 yr 1 mo 4 days Laurena F Jones b 1887 d 6 Apr 1962 age 65 yr 1 mo 12 days Thaddeus Jones son of Paul H E and Lemma Fowkes Jones b 4 Sep 1919 d 17 Mar 1937 *******************

    09/03/2003 07:47:25
    1. [RowanRoots] US Steamer Huron Court of Inquiry
    2. I have just uploaded the transcription of the Court of Inquiry into the shipwreck of the U.S. Steamer Huron on the North Carolina coast 11/24/1877. If you have been to Nags Head, NC you will have seen the State Road Marker on Highway 12 just south of Whalebone Junction. I have more work to do on it, such as breaking the one document into separate documents reflecting each day in court, as well as find some more proofing errors. If anyone spots anything questionable, drop me a line and I will verify it against the master copy. One note: this was transcribed from the Senate Executive document and not the original Navy records, thus there are several typos in the master document I used. I have several newspaper articles I wish to transcribe and add to this section as well as finding a picture of either the Huron or one of her sister ships and if lucky, some architectural drawings (not really detailed) showing the location of things on the ship, as well as the chart used in evidence in the C.O.I.. The document is located under the NEW section at my site, the URL is below within brackets: [http://freepages.genealogy.rootsweb.com/~familyinformation/] Enjoy, Billy

    09/02/2003 10:38:10
    1. [RowanRoots] Executions 1608-1987
    2. Got this on another list. Most interesting.......... These records begin in VA in 1608, with the execution of George Kendall for "spying/espionage" and go to 1987. To say that the early records are fascinating is an understatement (you just don't run into many executions for piracy or witchcraft anymore). But they have value for family researchers, too. Even if you don't have reason to suspect that any of your ancestors were "outlaws," there are records of executions for espionage & treason, especially important during the American Revolution and the Civil War, and there are many records of executions for "slave revolts," which might be helpful to African-American researchers. Be patient, it takes a few minutes to download and you'll need a reader, such as an Acrobat. http://www.deathpenaltyinfo.org/ESPYdate.pdf

    09/02/2003 06:35:08
    1. [RowanRoots] Re: ROWANROOTS-D Digest V03 #141
    2. I don't have the answer to your question...wish I did, but I am hoping some kind soul can look up in this source you list for me for Reuben Ross and Isaac Green. "Rowan County Registers, Volume 1 No. 3 August 1986 and Volume 2, No. for May 1987 lists 173 land entry abstracts entered in Lord Granville's Proprietary land Office in 1752/1753, the year Rowan county was formed. (117 i n the Aug. 1986 issue and cont. in the May 1987 issue with 118 through 173)." Thanks soooo very much, Audrey Orlando, FL In a message dated 09/02/2003 9:04:23 AM Eastern Daylight Time, [email protected] writes: X-Message: #1 Date: Mon, 1 Sep 2003 19:20:11 -0500 From: [email protected] To: [email protected] Message-ID: <[email protected]> Subject: [RowanRoots] Repeat message: Content-Type: text/plain; charset="iso-8859-1" Sorry to repeat this message of 7-02-03, but our PC crashed about a week later and was in the shop for over three weeks. Had to install everything again. Previous message: Rowan County Registers, Volume 1 No. 3 August 1986 and Volume 2, No. for May 1987 lists 173 land entry abstracts entered in Lord Granville's Proprietary land Office in 1752/1753, the year Rowan county was formed. (117 i n the Aug. 1986 issue and cont. in the May 1987 issue with 118 through 173). The list gives the person in whose name the land was entered , then the date, the number of acres, and the description of the property. Can anyone tell me if the person making the land entry ( the first of a four step process) had to be present in person to make the request or application? Also is there any way one can find the applicants area of residence at the time of application? Any information appreciated. Thanks in advance Jerry McKnight

    09/02/2003 04:20:57
    1. [RowanRoots] Repeat message:
    2. Sorry to repeat this message of 7-02-03, but our PC crashed about a week later and was in the shop for over three weeks. Had to install everything again. Previous message: Rowan County Registers, Volume 1 No. 3 August 1986 and Volume 2, No. for May 1987 lists 173 land entry abstracts entered in Lord Granville's Proprietary land Office in 1752/1753, the year Rowan county was formed. (117 i n the Aug. 1986 issue and cont. in the May 1987 issue with 118 through 173). The list gives the person in whose name the land was entered , then the date, the number of acres, and the description of the property. Can anyone tell me if the person making the land entry ( the first of a four step process) had to be present in person to make the request or application? Also is there any way one can find the applicants area of residence at the time of application? Any information appreciated. Thanks in advance Jerry McKnight

    09/01/2003 01:20:11
    1. RE: Spam Alert: Re: [RowanRoots] Rowan Co., NC July 1811 Supreme Court: SPAIGHT, JONES, LEECH
    2. George Davis
    3. from Merriam-Webster Online Dictionary (found through Google Tools Glossary): Pronunciation: 'häch-"pät Function: noun Etymology: Anglo-French hochepot, from Old French, hotchpotch Date: 1552 : the combining of properties into a common lot to ensure equality of division among heirs -----Original Message----- From: Betty Faye Lawton [mailto:[email protected]] Sent: Sunday, August 31, 2003 8:33 AM To: [email protected] Subject: Spam Alert: Re: [RowanRoots] Rowan Co., NC July 1811 Supreme Court: SPAIGHT, JONES, LEECH Could some please explain to me the definition of the legal(?) term "hotchpot" ...as used in this SC rending??? Betty Faye (double first name, ole Suth'n custom) in NH...don't ask. "You can take the gal out of the South, but you can't take the South out of the gal!" Researching: Paternal: HOLT, LINDSEY, CARSWELL, MATHIS, TURNER, TUCKER, RUTHERFORD; Maternal: CLOUD, CHILDRESS, HARMON, WHEELER; Also: PLUMMER >Rowan Co., NC July Term 1811 in the Supreme Court >Richard B Jones and Frances, his wife, v. Richard D Spaight and others >From Craven > >Bringing lands into hotchpot. A, being seized of divers tracts of >land, died intestate, leaving two daughters, B and C, his heirs at >law. B intermarried with D, and A convey to B and her heirs four >tracts of land; to D and to his wife B and their heirs three tracts >of land; to D and his heirs, two tracts of land. Some of the deeds >purported to be made for a small pecuniary consideration; others of >them purported to be made for natural love and affection, and others >for natural love and five shillings: Held, that in making partition >of the lands of which A died seized, (1) the lands convey to the >husband alone are not to be brought into hotchpot, but that (2) the >lands conveyed to the wife alone, and a moiety of those conveyed to >the husband and wife, are to be brought in. > >This was a petition for the partition of the lands of which Joseph >Leech died seized, and it presented divers questions relative to >advancements in lands, made by the parent to his or her children. >The petition stated that Joseph Leech, formerly of Craven County, >had died intestate, seized and possessed of divers tracts of land >therein described; that he left him surviving a son named George M >Leech and two daughters, the petitioner Frances and Mary Jones >Spaight, widow of Richard Dobbs Spaight, on whom descended, as his >heirs at law the lands aforesaid. That the said George M Leech died >intestate, leaving him surviving his two sisters, the aforesaid >Frances and Mary; that Mary had since died intestate, and all her >right, title and interest in the lands descended upon Richard D >Spaight, Charles G Spaight and Margaret E Spaight, between whom and >the petitioners the lands aforesaid were to be divided in equal >moieties, viz., one moiety to them and one moiety to the petitioners. > >That Joseph Leech, in his lifetime, by deeds reciting the respective >considerations hereinafter mentioned, did convey sundry other tracts >of land, either to his daughter Mary Jones Spaight and her heirs, or >to Richard Dobbs Spaight, her husband, and to his heirs, or to the >said Richard and to the said Mary his wife, and their heirs: that is >to say, that he, by a deed bearing date 3 Aug 1800, purporting to be >made in consideration of the sum of five shillings, conveyed a tract >of land containing 640 acres, on the west side of Pee Dee River, to >Richard Dobbs Spaight and his heirs; by deed bearing date 20 May >1801 purporting to be made in consideration of the sum of five >shillings, he conveyed a tract containing 200 acres, lying in Craven >County, on the south side of Neuse River, to Mary Jones Spaight and >her heirs; and by deed bearing date 11 May 1801 purporting to be >made in consideration of the sum of 40 (pounds sterling), he also >conveyed to the said Mary Jones Spaight and her heirs a tract >containing 300 acres, lying near to the before described tract. That >by deed bearing date 13 Dec 1797, and purporting to be made in >consideration of the sum of 20 (pounds sterling), he conveyed to the >said Richard Dobbs Spaight and his heirs a tract containing 100 >acres, lying on Craven County, on the west side of Slocumb's Creek, >that by deed bearing date 21 May 1794, and purporting to be made in >consideration of natural love and affection and of the sum of 5 >(pounds sterling), he conveyed the front of lot No. 24 and the >eastern half of lot No. 25, in the town of New Bern, to the said >Richard and Mary, his wife, and their heirs; that by deed dated 18 >Jun 1795, purporting to be in consideration of 100 (pounds >sterling), he conveyed a tract of thirty acres on Trent River to the >said Richard Dobbs Spaight and his heirs; that by deed dated 3 Jun >1796 purporting to be in consideration of natural love and affection >and th sum of five shillings, he conveyed a tract lying near New >Bern to the said Mary Jones Spaight and her heirs; that by deed >dated 4 Jan 1797 purporting to be in consideration of natural >affection and the sum of 5 (pounds sterling), he conveyed two >tracts, one of 70 acres, the other of 60 acres to the said Mary and >her heirs; that by deed dated 12 May 1792 purporting to be in >consideration of love and affection and the sum of 5 (pounds >sterling), he conveyed a tract of 76 acres in Craven County, a lot >in the town of New Bern, No. 23, and the half of lot No. 25, to the >said Richard Dobbs Spaight and to Mary his wife, and to their heirs. > >The petition then charged that all the said lands were actually and >in fact given to the said Mary Jones Spaight and her husband, by way >of advancement unto the said Mary, by her father, and that the >pecuniary considerations therein stated were never paid nor >received, and were only mentioned as a formal circumstance in the >execution of the deeds, and that the said lands ought to be brought >into hotchpot. The petition prayed that the said lands might be >decreed as advancements made unto the said Mary Jones Spaight, and >be brought into hotchpot. the questions arising upon this petition >were sent to this Court. >Gaston for petitioners. >Edward Harris for heirs of Mary Jones Spaight. > >By the Court. the lands convey tot he husband alone are not to >brought into hotchpot; those convey to the wife alone, and a moiety >of those conveyed to her and her husband, are to be brought into >hotchpot in making partition of the lands of which Joseph Leech died >seized. > >Cited: Dixon v Coward 57 NC, 357; Harper v Harper, 92 NC, 302, 303; >Barbee v Barbee, 1908 NC, 583 > >Richard B Jones and wife v Blackledge 2 L.R., 457 >Where on a note payable to three persons the suit was brought in the >name of the survivor, the court permitted the attorney in fact of >the plaintiff of record to dismiss the suit, though it was alleged >and offered to be proved that the beneficial interest was really in >another person. >This suit is brought on a note of the defendant, payable to George M >Leach, M J Spaight, and Frances Leach (now the wife of R B Jones), >of whom the Frances is survivor. >Hugh Jones, attorney in fact for R B Jones and wife, moves of leave >to dismiss the suit. This motion is resisted on behalf of the >executors of Wood, to whose use the endorsement of the writ states >that the suit is instituted, and who, it is alleged, are >beneficially interested in the note upon which the suit is brought, >and claim a right to collect the money sued for, derived from the >facts disclosed in the accompanying affidavits. >The question referred to this court is whether Hugh Jones the >attorney in fact of R B Jones and wife, has a right to dismiss the >suit. > > > >==== ROWANROOTS Mailing List ==== >To unsubscribe from RowanRoots-L send a message from the address you >subscribed from to [email protected] with the word >unsubscribe in the message body. -- ==== ROWANROOTS Mailing List ==== RowanRoots is a genealogy/history discussion list. Please stay on topic.

    08/31/2003 05:31:22
    1. Re: [RowanRoots] Rowan Co., NC July 1811 Supreme Court: SPAIGHT, JONES, LEECH
    2. Betty Faye Lawton
    3. Could some please explain to me the definition of the legal(?) term "hotchpot" ...as used in this SC rending??? Betty Faye (double first name, ole Suth'n custom) in NH...don't ask. "You can take the gal out of the South, but you can't take the South out of the gal!" Researching: Paternal: HOLT, LINDSEY, CARSWELL, MATHIS, TURNER, TUCKER, RUTHERFORD; Maternal: CLOUD, CHILDRESS, HARMON, WHEELER; Also: PLUMMER >Rowan Co., NC July Term 1811 in the Supreme Court >Richard B Jones and Frances, his wife, v. Richard D Spaight and others >From Craven > >Bringing lands into hotchpot. A, being seized of divers tracts of >land, died intestate, leaving two daughters, B and C, his heirs at >law. B intermarried with D, and A convey to B and her heirs four >tracts of land; to D and to his wife B and their heirs three tracts >of land; to D and his heirs, two tracts of land. Some of the deeds >purported to be made for a small pecuniary consideration; others of >them purported to be made for natural love and affection, and others >for natural love and five shillings: Held, that in making partition >of the lands of which A died seized, (1) the lands convey to the >husband alone are not to be brought into hotchpot, but that (2) the >lands conveyed to the wife alone, and a moiety of those conveyed to >the husband and wife, are to be brought in. > >This was a petition for the partition of the lands of which Joseph >Leech died seized, and it presented divers questions relative to >advancements in lands, made by the parent to his or her children. >The petition stated that Joseph Leech, formerly of Craven County, >had died intestate, seized and possessed of divers tracts of land >therein described; that he left him surviving a son named George M >Leech and two daughters, the petitioner Frances and Mary Jones >Spaight, widow of Richard Dobbs Spaight, on whom descended, as his >heirs at law the lands aforesaid. That the said George M Leech died >intestate, leaving him surviving his two sisters, the aforesaid >Frances and Mary; that Mary had since died intestate, and all her >right, title and interest in the lands descended upon Richard D >Spaight, Charles G Spaight and Margaret E Spaight, between whom and >the petitioners the lands aforesaid were to be divided in equal >moieties, viz., one moiety to them and one moiety to the petitioners. > >That Joseph Leech, in his lifetime, by deeds reciting the respective >considerations hereinafter mentioned, did convey sundry other tracts >of land, either to his daughter Mary Jones Spaight and her heirs, or >to Richard Dobbs Spaight, her husband, and to his heirs, or to the >said Richard and to the said Mary his wife, and their heirs: that is >to say, that he, by a deed bearing date 3 Aug 1800, purporting to be >made in consideration of the sum of five shillings, conveyed a tract >of land containing 640 acres, on the west side of Pee Dee River, to >Richard Dobbs Spaight and his heirs; by deed bearing date 20 May >1801 purporting to be made in consideration of the sum of five >shillings, he conveyed a tract containing 200 acres, lying in Craven >County, on the south side of Neuse River, to Mary Jones Spaight and >her heirs; and by deed bearing date 11 May 1801 purporting to be >made in consideration of the sum of 40 (pounds sterling), he also >conveyed to the said Mary Jones Spaight and her heirs a tract >containing 300 acres, lying near to the before described tract. That >by deed bearing date 13 Dec 1797, and purporting to be made in >consideration of the sum of 20 (pounds sterling), he conveyed to the >said Richard Dobbs Spaight and his heirs a tract containing 100 >acres, lying on Craven County, on the west side of Slocumb's Creek, >that by deed bearing date 21 May 1794, and purporting to be made in >consideration of natural love and affection and of the sum of 5 >(pounds sterling), he conveyed the front of lot No. 24 and the >eastern half of lot No. 25, in the town of New Bern, to the said >Richard and Mary, his wife, and their heirs; that by deed dated 18 >Jun 1795, purporting to be in consideration of 100 (pounds >sterling), he conveyed a tract of thirty acres on Trent River to the >said Richard Dobbs Spaight and his heirs; that by deed dated 3 Jun >1796 purporting to be in consideration of natural love and affection >and th sum of five shillings, he conveyed a tract lying near New >Bern to the said Mary Jones Spaight and her heirs; that by deed >dated 4 Jan 1797 purporting to be in consideration of natural >affection and the sum of 5 (pounds sterling), he conveyed two >tracts, one of 70 acres, the other of 60 acres to the said Mary and >her heirs; that by deed dated 12 May 1792 purporting to be in >consideration of love and affection and the sum of 5 (pounds >sterling), he conveyed a tract of 76 acres in Craven County, a lot >in the town of New Bern, No. 23, and the half of lot No. 25, to the >said Richard Dobbs Spaight and to Mary his wife, and to their heirs. > >The petition then charged that all the said lands were actually and >in fact given to the said Mary Jones Spaight and her husband, by way >of advancement unto the said Mary, by her father, and that the >pecuniary considerations therein stated were never paid nor >received, and were only mentioned as a formal circumstance in the >execution of the deeds, and that the said lands ought to be brought >into hotchpot. The petition prayed that the said lands might be >decreed as advancements made unto the said Mary Jones Spaight, and >be brought into hotchpot. the questions arising upon this petition >were sent to this Court. >Gaston for petitioners. >Edward Harris for heirs of Mary Jones Spaight. > >By the Court. the lands convey tot he husband alone are not to >brought into hotchpot; those convey to the wife alone, and a moiety >of those conveyed to her and her husband, are to be brought into >hotchpot in making partition of the lands of which Joseph Leech died >seized. > >Cited: Dixon v Coward 57 NC, 357; Harper v Harper, 92 NC, 302, 303; >Barbee v Barbee, 1908 NC, 583 > >Richard B Jones and wife v Blackledge 2 L.R., 457 >Where on a note payable to three persons the suit was brought in the >name of the survivor, the court permitted the attorney in fact of >the plaintiff of record to dismiss the suit, though it was alleged >and offered to be proved that the beneficial interest was really in >another person. >This suit is brought on a note of the defendant, payable to George M >Leach, M J Spaight, and Frances Leach (now the wife of R B Jones), >of whom the Frances is survivor. >Hugh Jones, attorney in fact for R B Jones and wife, moves of leave >to dismiss the suit. This motion is resisted on behalf of the >executors of Wood, to whose use the endorsement of the writ states >that the suit is instituted, and who, it is alleged, are >beneficially interested in the note upon which the suit is brought, >and claim a right to collect the money sued for, derived from the >facts disclosed in the accompanying affidavits. >The question referred to this court is whether Hugh Jones the >attorney in fact of R B Jones and wife, has a right to dismiss the >suit. > > > >==== ROWANROOTS Mailing List ==== >To unsubscribe from RowanRoots-L send a message from the address you >subscribed from to [email protected] with the word >unsubscribe in the message body. --

    08/31/2003 03:32:51
    1. [RowanRoots] Missouri On-Line Resources
    2. I just discovered this morning that the State Archives of Missouri has put several searchable databases on-line. This includes Birth & Death prior to 1909, WW I Military Service cards, and the Provost Marshall Index. The URL follows, within the brackets: [http://www.sos.mo.gov/archives/resources/bdrecords.asp#project] Best of wishes, Billy

    08/31/2003 01:26:42
    1. [RowanRoots] Alfred GENTRY Obituary 5/15/1910
    2. I found this while looking for an "orphan" branch of the MARKLAND family. This may help someone. Best of wishes, Billy Holt Co., MO. Death Notices From Area Newspapers 1909/1910 Cox, Kenneth D. & Lett, Doris E. Northwest MO Genealogical Society PO Box 382 St. Joseph, MO Independence, MO Central Library GENTRY, Alfred --died 15 May 1910 at his home near Oregon, MO. aged 77. He was born in North Carolina, 3 Feb 1834, the son of Allen & Sarah GENTRY. He was the 5th child of 8 boys & all are dead, except the 2 youngest - Abednego GENTRY, of Cloudchief, Okla. & J. D. GENTRY of Indianola, Nebr. & a sister, Mrs. Sadie CARTER, of Guilford, MO. He came from Nodaway Co., MO. to Holt Co., MO. in 1851. He married Rachel HOBSON, 28 Dec. 1854 and she survives with her 6 children - George, of Plymouth Falls, Ore.; John B. of Florence, Ore.; Mrs. Matilda REAVES, of Gardner, Ore.; Mrs. Mary E. PORTER, of Riverside, Ca.; Mrs. Anna A. KEENEY, of near Oregon, MO.; & Mrs. Ada O. BERET, of Belgrade, Nebr. Alfred served in Co. G., 43rd MO Infy. in the civil war [sic]. Burial in Maple Grove Cemetary at Oregon, MO.

    08/30/2003 03:24:03
    1. [RowanRoots] Re: George Hollebaugh
    2. Cathy...Thanks so much for all the great data. It is so appreciated. Phyllis, thanks for sending your File. I will read it and contact you privately as this could get lengthy. I am so amazed at the quick response on this List and very grateful. Jean

    08/30/2003 01:34:00
    1. Re: [RowanRoots] Re: In Need of Rowan Co. Estate Lookup
    2. Phyllis Walton
    3. Cathy, thanks for this information. It was very helpful. Phyllis ----- Original Message ----- From: <[email protected]> To: < Sent: Saturday, August 30, 2003 6:14 PM Subject: Re: [RowanRoots] Re: In Need of Rowan Co. Estate Lookup > Ladies, I don't happen to have Holebough, etc in my lineage, but > I do have some books. Yes, Phyllis, the Holcomb book of Rowan > Co. marriages does show: > George Holebough & Susanna Savage,13 June 1787; bondsman, > Henry Beroth; wit, Jno Macay. There is also a > George Holobaugh & Catherine Fraley, 21 Dec. 1810; bondsman, > Peter Egan; wit, Ezra Allemong. > John Holobaugh & Peggy Enness, 21 April 1813; bondsman, > Abraham Earnhart; wit., Ezra Allemong. > William Walton & Marry Holebaugh, 20 Dec 1808; bondsman, > George Holebaugh; wit, A. L. Osborne, D.C. > Jacob Walton & Susan Holebaugh, 29 June 1812; bondsman, > John Holobaugh; wit., Ezra Allemong. > Thomas Inness & Anny Hollabaugh, 13 Nov. 1815; bondsman, > George Holobough; wit., Exra Allemong. > William Baker & Lucinda Holobugh, 22 Oct.1849; bondsman, > Wm. F. Hall; wit., James E. Kerr > Joseph Smith & Rempe Busey, 16 March 1825; bondsman, > John Holobaugh; wit., W. Harris > Robert B. Towel & Elizabeth Innis, 19 Dec. 1837; bondsman, > David Holobough; wit., Hy. Giles > Stephen Trott & Patsy Hulen, 7 Jan.1813; bondsman, > John Holobaugh; wit., Ezra Allemong > > > > Cathy > > > ==== ROWANROOTS Mailing List ==== > To unsubscribe from RowanRoots-L send a message from the address you subscribed from to [email protected] with the word unsubscribe in the message body. > >

    08/30/2003 01:04:32
    1. [RowanRoots] Re: Geo. Hollebaugh
    2. Back to Jo White Linn's book: she mentions loose estate papers at the NC Archives in Raleigh. Among the names are George Hollebaugh, 1791 (date of earliest paper in the file) and Mathias Hollebaugh, 1792. If you don't have these, you should ;-) Cathy

    08/30/2003 12:21:00
    1. Re: [RowanRoots] Re: In Need of Rowan Co. Estate Lookup
    2. Ladies, I don't happen to have Holebough, etc in my lineage, but I do have some books. Yes, Phyllis, the Holcomb book of Rowan Co. marriages does show: George Holebough & Susanna Savage,13 June 1787; bondsman, Henry Beroth; wit, Jno Macay. There is also a George Holobaugh & Catherine Fraley, 21 Dec. 1810; bondsman, Peter Egan; wit, Ezra Allemong. John Holobaugh & Peggy Enness, 21 April 1813; bondsman, Abraham Earnhart; wit., Ezra Allemong. William Walton & Marry Holebaugh, 20 Dec 1808; bondsman, George Holebaugh; wit, A. L. Osborne, D.C. Jacob Walton & Susan Holebaugh, 29 June 1812; bondsman, John Holobaugh; wit., Ezra Allemong. Thomas Inness & Anny Hollabaugh, 13 Nov. 1815; bondsman, George Holobough; wit., Exra Allemong. William Baker & Lucinda Holobugh, 22 Oct.1849; bondsman, Wm. F. Hall; wit., James E. Kerr Joseph Smith & Rempe Busey, 16 March 1825; bondsman, John Holobaugh; wit., W. Harris Robert B. Towel & Elizabeth Innis, 19 Dec. 1837; bondsman, David Holobough; wit., Hy. Giles Stephen Trott & Patsy Hulen, 7 Jan.1813; bondsman, John Holobaugh; wit., Ezra Allemong Cathy

    08/30/2003 12:14:19
    1. [RowanRoots] Research - Rowan County
    2. I provide Rowan County research for a reasonable hourly fee. If interested please contact Betsy Hendrix at [email protected]

    08/30/2003 12:05:33
    1. Re: [RowanRoots] Re: In Need of Rowan Co. Estate Lookup
    2. Phyllis Walton
    3. Cathy, Jean, do you have George Hollabaugh (Senior) with wife Susan Savits/Savage married Jan 13, 1787 in Rowan Co, NC? Several of his children married into my Walton family. This is the older George Hollebaugh who married Susan Savits/Savage, isn't it? But who did son George Hollabaugh, who was bondsman for Mary, marry? 1. Daughter Susan married Jacob Walton, Jun 29, 1812, 2. Daughter Mary married William Walton, Dec 20, 1808 with Bondsman George Holebaugh, her brother. Thanks, Phyllis ----- Original Message ----- From: <[email protected]> To: <[email protected]> Sent: Saturday, August 30, 2003 1:50 PM Subject: Re: [RowanRoots] Re: In Need of Rowan Co. Estate Lookup > This may be what you are looking for. > Abstracts of Wills & Estate Records of Rowan Co., NC > 1753-1805 > by Jo White Lynn > page 62 > > D:186. GEORGE (X) HOLLABACK. > 9 Jan. 1804. Prb. 18804. > Wife Susannah to have home plantation for support of my > children, not named. Exr: friend, Job William. > Wit: Jacob Ribelin, Henry Egender. > > Cathy > > > ==== ROWANROOTS Mailing List ==== > To unsubscribe from RowanRoots-L send a message from the address you subscribed from to [email protected] with the word unsubscribe in the message body. > >

    08/30/2003 11:15:22