Charlotte County Court Orders Book 10

Submited by Tom McCargo  23 April 1999

                      BOOK TEN  1794 - 1794

                         1 December, 1794

Page 1    An Indenture between William Callicott and William Brezindine, of the 
one part and James Callicott,
was acknowledged by the said Callicott and Brizendine to be their several acts 
and deeds and Elizabeth, the
wife of the said William Callicott, she being first examined according to law, 
relinquishes her right of dower to
the land conveyed by her husband in the indenture.

                         2 February, 1795
Pg 15     John Rawlins is appointed surveyor of the road, whereof Loyd Portwood 
was late survey, and it is
ordered that he, with the usual hands that work the road under the said 
Portwood, do clear and keep the same
in repair.

                          7 April, 1795
Pg 44     Charles Webster and John Sullivant - on petition by note
It appearing by the Sheriff's return, that the defendant is not an inhabitant of 
the county, this petition abates.

                           4 May, 1795
Pg 45     Hugh Wyllies and John Sullivant - in debt
This day came the as well the ptlf by his atty as the defendant into court in 
proper person

Page 46   James Callicott, Plaintiff vs William Fleming and William Callicott, 
Defendants - a suit
          in debt
     Richard Brizendine came into court and undertook for the defendants etc. 
Motion of the defendants
by their atty, who plead payment, to which the plaintiff replied generally. It 
is ordered that the judgement
obtained in the office against the defendants and Chastain Cocke, security for 
the appearance of the defendant
Fleming, be set aside

Pg 49     Walter Bennett vs Nathaniel Rogers, exor of Thos Rogers - case
Jury includes John McCargo

                           1 June, 1795
Pg 64     On the motion of Jeremiah Miller, license is granted him to keep and 
ordinary at his house .... Miles
Bottom, his security.

Pg 65     On the motion of Richard Davenport, his earmark of cattle, hogs, etc, 
a swallow-fork and undercut in
the right ear, and a crop and slit in the left.

Pg 67     An indenture with memorandum endorsed between John McCargo of the one 
part, and Robert
McCargo of the other, is acknowledged by the said McCargo to be his act and 
deed, and ordered to be

                           6 July, 1795
Pg 73 
     At a court held for the county Levy - 
     by 3678 tithables @ 18 cents per poll.............. 662.04

                          4 August, 1795
Pg 78     (The Court appoints processioners,  Loyd Portwood & Thomas Portwood 
are appointed to continue
, as are James Howard  and Miles Bottom. This also includes):
     Edmund Dunn and Levi Blankinship from where the old Court House Road 
crosses the Mecklenburg
County line, up that to Clements, by Kings Road , to Tomasons old place, and by 
that to the beginning

Pg 80     Emanuel Almond vs Richard Grossand and William Armistead
Jury includes John McCargo

Pg 81     John Peter Matthews assignee of William Williams vs Stephen Bedford - 
Jury includes Robert McCargo

          William Lee vs Joseph Ward - debt
Foreman of the jury is John McCargo

Pg 83     William Rowton vs Mary Rowton , Thomas Harvey and Benjamin Marshall - 
defendants in
On the motion of the plaintiff by his atty, It is ordered that, the rule 
judgement obtained in the office for a
dismission for the want old a bill, be set aside and that the cause be sent back 
to the rules.

                        7 September, 1795
Pg 93     It is ordered that Thomas Pettus, Joseph Pearson, Levy Blankinship, 
and Ambrose Haley... appraise
in current money the of Ambrose Lea dec'd

                         5 October, 1795
Pg 105    Hugh Wyllie vs John Sullivant & Adam Levan upon a motion on a delivery 
bond ... the defendants being
called and not appearing etc.

                         7 November, 1795    
pg 108    Grand jury summonsed includes Thomas Ligon

                         7 December, 1795
Pg 125    James Simpkins is appointed surveyor of the road whereof William Page 
was late surveyor .. same
hands, together with the male laboring tithables belonging to Raymond 
Blankinship, Thomas Haley and John
Vaughn etc.

                          7 March, 1796 
Pg 139    Grand Jury includes John McCargo

                          9 March, 1796
pg 151    Samuel Rogers , assignee of Patrick Henry, vs Elizabeth Ford, William 
Roach, Abner Ford,
          & Thomas Ford - a suit in debt
     Jury includes Clement Sullivant and finds for the plaintiff..  59, 6 
shilling, 2 pence, with interest  from
1 April 1794

Pg 152    On the motion of Clement Sullivant, witness for Benjamin Lawson, in 
his suit against John Harris's
adm'rs; $1.06 for two days attendance at court

                          22 March, 1796
pg 160    A court held for the trial of John Lucas, a Negro man, who stands 
committed to the common jail ...
charged with being an accessory in feloniously stealing & receiving sundry 
goods, the property of John Chappel.
He is heard in his defense by Clement Read, who for the prisoner, excepts to the 
sufficiency of the mittamus.,
in charging the prisoner generally and not specifically as to articles stolen 
and the time when and where the
acts were committed. The exception being argued and judged good, the prisoner is 
ordered to be discharged

                          25 March, 1796
Pg 161    A court held for the trial of John Lucas, a Negro man slave, said to 
be the property of Benjamin White,
who stands committed to the common jail, charged with being guilty of 
feloniously breaking and entering, on
the night of the 26th of June, 1795, the smoke-house of John Chappel, of the 
said county, and taking thereof
a quantity of bacon to the value of 24 shillings, and stealing & receiving as an 
accessory, sundry articles, to wit:
two calico gowns, one black & white Virginia cloth gown, one purple stuff shirt, 
a spotted plain petticoat, two fine
aprons, one fine linen shift, one fine linen shirt, one black silk and other 
handkerchiefs, of the value of 10 on
the 27th day of June, 1795, the property of John Chappel
     Being arraigned, the prisoner saith he is in no wise guilty, and he was 
examined on behalf of the
commonwealth, as well as the said prisoner, & he was fully heard in his own 
defense, no atty being present for
the court to assign counsel.
     It is the opinion of the court that the prisoner is guilty of the felony of 
stealing the bacon and an
accessory in receiving sundry of the cloths charged against him, but not of the 
burglary charged against him.
     Whereupon the prisoner prays the benefit of clergy, and to him it is 
granted. Therefore it is ordered that
for the cyrmes aforesaid, the said prisoner be burnt in the hand at the barr in 
open court, and that he then be
conducted to the pillory, and have his ears nailed to the post for two minutes, 
each alternately, and then cut off,
and be thence discharged. and it is commanded the sheriff that the execution 
thereof be done immediately.

                          25 March, 1796
Pg 161    It is ordered that  Thomas Williams , John McCargo, Philip Goode and 
John Rice . . . appraise the
slaves and personal property of Pricilla May, dec'd. . . etc

Pg 162    It is ordered that  John Petty and John Gilliam, who made oath 
according to law, certificate is granted 
for obtaining letters of administration of the estate of John Sullivant, dec'd, 
they giving security, whereupon they,
together with their securities Langston Bacon and Joseph Chaffin . . . etc.

     It is ordered that  Robert Bedford, William Thweatt, Joseph Friend & Moses 
Eudaley . . . do appraise
the slaves and personal property of John Sullivant, dec'd . . . etc

     Clement Carrington came into court and produced a commission from his 
Excellency the Governor,
to be Major of a battalion in the regiment of Artillery, annexed to the First 
Division of the sd Militia. 

                            3 May 1796

Pg 170    William Goode, Plaintiff vs Thomas North, Defendant - a writ in 
trespass of assault & battery
     By mutual consent of the parties, by their attys, all matters of difference 
between them in this suit, is
submitted to the final determination of Benj Marshall, Thomas Harvey 
(Butterwood), James Patillo, Andrew
Wallace, William White and John Richardson (Black Head), or any five of them.

Pg 172    Philip Goode, Jr. & William Watkins, having been found guilty of 
fighting in the presence of the court
while sitting . . . to the disturbance of the court . . . It is ordered that for 
the sd offence, they be bound to the
peace and give security for their good behavior, and that the sheriff take them 
into his custody & safety until they
enter in an recognizance with sufficient securities, that is to say,   100 each 
and their securities  50 each - on
condition that they shall be of good behavior and keep the peace towards all 
good citizens of this Common-
wealth during the term of one year and a day from the next coming

Pg 178    James Callicott and Susannah, his wife, formerly the widow of George 
Brooke, dec'd, Plaintiffs
          vs Langston Bacon, adm'r of the estate of George Brooke, dec'd; Bibby 
Brooke, Thomas
          Brooke and Travis Brooke, sons and infants of George Brooke, dec'd, 
Defs - a suit in
     Two of the commissioners appointed under the interlocutory order made in 
this court; to allot and
assign to the plaintiff Susannah, her dower of slaves & personal estate therein 
mentioned, this day made their
report in these words "In obedience to the court, we have allotted to the relict 
within the following slaves; to wit:
Edmund, Bibb, and Lucy as also the sum of  43/13/2 of the personal estate the 
same being sold by consent
of the parties." signed Mack Goode & Hillary Moseley. In confirmation whereof It 
is ordered and decreed that
the sd allotment made and assigned to the plaintiff Susannah, as her dower in 
the sd estate be made firm and
stable between the parties, that is to say, the slaves during her natural life 
and the  43/13/2 to her and her heirs
forever. The plaintiff recover against the defendant, their costs in this suit 
to wit: 110 lbs of tobacco @ one &
three-quarter shillings per lb  :Clk 484 cents ; atty 500 cents 

Pg 189    Woodson Sullivant, orphan of John Sullivant, dec'd, came into court, 
and being of lawful age for the
purpose, made choice of Allen Gilliam, as his guardian, who is accordingly 
appointed. Whereupon he together
with Thomas Pettus, his security . . . etc

     It is ordered that the Overseers of the poor of the fourth district bind 
out Woodson Sullivant, orphan of
John Sullivant, to Allen Gilliam according to law.

Pg 191    The Commonwealth vs Samuel Sandyes - on a summons for not listing his 
     By decree of the court the same is ordered dismissed.

     John McCargo is appointed guardian to Elizabeth Sullivant, orphan of John 
Sullivant, dec'd, he giving
security, whereupon he with William Brown, his security . . . etc.

pg 195    John Barnes, adm'r of James Barnes, dec'd, Plaintiff vs  Thomas Hugh 
James, John James
          and John Callicott; Defendants - on a petition by note.
It appearing by the sheriff's returns that Hugh Thomas James is not an 
inhabitant of this county, therefore the
suit against him abates.  The other defendants, being duly summoned and not 
appearing, therefore the plaintiff
recover against the defendant  2/14/0 w/interest from 1 Dec 1793.

Pg 198    A court held to receive the county levy:
To: Edward Dennis, for 2 potts for use of the jail ...............   .72
To: Thomas Read, for timbers valued and used at the
     causeway at Little Roanoke bridge .......................  1.89
To: Edmund Read, for cart & steers 2 days, found for
     use of the county for building the causeway at
     Little Roanoke bridge .............................................  2.50
To: John Smith and his company, for patrolling ................ 15.84
To: Isaac Clark and his company, for patrolling ................ 11.37
To: Processioners
     Thomas & Loyd Portwood 2 days...........................  2.00
     Edmund Dupree & Levy Blankinship  6 days..........  6.00
For 3773 tithes @ 15 cents per pole                 568.95

                           4 July 1796
Pg 200    John Roberts is appointed guardian to Amy Sullivant, orphan of John 
Sullivant, dec'd, he giving security,
whereupon he with Francis Barnes, his security . . . etc.             

Pg 204    An account current of the estate of George Brooke, dec'd, with 
Langston Bacon, adm'r, was this day
reported by the commissioners appointed to adjust and settle the same. On the 
motion of the sd adm'rs, It is
ordered that he be allowed 4 pecentum on  300 for his troubles in the 
administration of the sd estate.

                          1 August 1796
Pg 205    Grand Jury impanelled includes John McCargo.
     Stephen Blankinship, Plaintiff vs James Canada, Defendant - A trespass in 
assault & battery and false
     At the bottom of the page - to faint to read.

                         4 September 1796

Pg 224    James Callicott, guardian of Francis Brooke, orphan of George Brooke, 
dec'd, came into court and
rendered his account against the estate of the sd orphan.
Note: this should be Travis Brooke -  a mistake in transcribing by the Char Co. 

Pg 225    An indenture between Dickinson Lumpkin and James Callicott

pg 230    At a court held to receive claims against the county 

John Gilliland - $8.95 for 8 days attendance as a guard over Joshua Thomas & 
James Boatrite for two days
attendance over same from Charlotte to Cumberland Co's.

Joseph Vaner - $8.50 for ten days attendance as a guard over Wm Adams, Thomas 
Ford & Hezikiah Ford and
for seven days attendance over John Ford. 

Francis Grodas - 5 shillings for making a pair of handcuffs and putting them on 
Moses, a criminal, and taking
them off twice.

Pg 251    John Vaughn, assignee of Samuel Venable, for the benefit of William 
Lea, against William Rawlett &
David Blankinship

                         5 December 1796
Pg 253    A Power of Attorney between Thomas Burton and Larkin Sullivant, 
authenticated by the clerk of Court,
County of Laurens, State of South Carolina. On the motion of Hillary Moseley, 
ordered to be recorded.

Pg 256    William Thweatt, Plaintiff vs Jerrald Sullivant, Defendant - an 
attachment against the
          Defendant's estate.
     This day came the plaintiff by his atty, and the Sheriff having made return 
on the attachment against
the defendant's estate, that he had levied the same in the hands of John Petty 
and Robert Gilliam, and
summonsed them as garnishees, and the sd defendant not appearing, tho solemnly 
called, neither does he
replevin the attached effects, and the sd Robert Gilliam one of the garnishees 
appears and on oath saith that
John Petty and himself are adm'rs of the estate of John Sullivant, Dec'd, and 
the defendant, as son and one
of the representatives of the intestate, has an interest in the sd estate, which 
is not at this day ascertained, as
no division has taken place, and can only be known when a division among the 
several distributees are made. 
The plaintiff's demand for the sum of  17/12/0, current money, appears to be 
just. It is considered by the court
that the plaintiff recover against the sd defendant his debt aforesaid, & his 
cost in this behalf expended .   It is
ordered that the money in the hands of the garnishees . . . be condemned and 
when legally ascertained, that
they pay the same to the plaintiff, to be applied towards satisfaction of the 
judgement, or so much thereof as
will pay & satisfy the same. 

End Note 1
There are two more actions styled in almost the same words, on the same court day --  Pg 257 Henry Hailey 
--  Pg 258 John Nash Read