Jonathan Haines and William Cook of Surry County, North Carolina
, 1786, 1788, 1792 Bills of Complaint to the Court of Equity, Salisbury DistrictEstate File of William Ridge
A Copy of the Deposition in suit
Cook & Haynes gdn
v
Wm T Lewis
1786
1788
Surry
William COOK, Esq. and Jonathan HAYNES guardians of William RIDGE, Thomas RIDGE, Mary
RIDGE, Elizabeth RIDGE, Sythe RIDGE and Winnifred RIDGE orphans of William RIDGE deceased
complain of William Terrill LEWIS esquire in custody & for that whereas the said
William RIDGE deceased during his life time, to wit, on the first day of January 1785 in
the County of Surry was possessed of the following negro slaves, to wit, KATE and her
three children, SAL and her two children and NAN and her children born afterwards of his
own proper negro slaves goods & chattels which said negro slaves are since the bail of
the said William the right and property of his said children by distribution and they
being possessed of the same afterwards, to wit, on the first day of January 1781 at the
County aforesaid the same negro slaves out of their her hands and possessin they caually
lost which said negro slaves to the hands and possession of the said Wm T LEWIS Esqr by
finding came on the same day and year and in the County aforesaid yet to restore the same
he hath altogether refused and still doth refuse though often therto required and although
he well knew the promises but on the same day and year and in the County aforesaid
converted the same to his own use to the damage of the said orphans the sum of three
thousand pounds for which the said guardian bring suit.
I hereby certify the above to be a true copy.
Test, Jo Williams, CC
To the Honourable the Judges of the Court of Equity for the District of Salisbury
Humbly complaining then unto your Honors your Orators and Oratrices WILLIAM RIDGE of Surry County in the District aforesaid an infant under the age of twenty one years that is to say of the age of fourteen years or thereabouts, THOMAS RIDGE of the same place an infant under the age of twenty one years to wit of the age of twelve years or thereabouts, MARY RIDGE of the same place also an infant under the age of twenty one years that is to say of the age of twenty years or thereabouts, ELIZABETH RIDGE of the same place likewise an infant under the age of twenty one years (to wit) of the age of eighteen years or thereabouts, SYTHE RIDGE of the same place also an infant under the age of twenty one years (that is to say) of the age of sixteen years or thereabouts, and WINNEFORD RIDGE likewise an infant of the same place and under the age of twenty one years (to wit) of the age of ten years or thereabouts by JONATHAN HAYNES their next friend. That WILLIAM RIDGE late of Surry County aforesaid Planter Deceased was in his lifetime and so the time of his death possessed of or entitled unto a large personal estate consisting in particular of the following slaves, namely, JACK, KATE, SALL, NAN, PHILLIS, and HANNAH, and the increase of the said several slaves and of the other goods and chattells to the amount in value of two thousand pounds and upwards.
And that being so possessed or entitled the same WILLIAM RIDGE did in or about the year 1780 depart this life intestate leaving WINNIFRED RIDGE his widow and your Orators and Oratrices his children and only next of kin who thereupon became entitled to have his estate distributed amongst them in the manner and proportion following (that is to say) One equal third part thereof to the said WINNIFRED the late widow now the wife of NATHAN ALLEN late of the county aforesaid but has removed to parts unknown to your Orators and Oratrices and out of the reach of the process of the honorable Court and the remaining two equal third parts thereof to and amongst your Orators and Oratrices his the intestate's only next of kin And your Orators and Oratrices further shew that one JOHN FIELDER late of Surry County Planter under pretence and colour of friendship for your Orators and Oratrices and of securing their late Father's property for his use and benefit possessed himself of value of the said slaves and particularly of SALL and NAN and being under some apprehension that the said slaves which had so belonged to the said late WILLIAM RIDGE would be seized as confiscated property consulted with WILLIAM TERRIL LEWIS of Surry County aforesaid how to prevent such a seizure and to secure the said Negroes for your Orators and Oratrices who thereupon proposed as the best means to answer those ends that the said JOHN FIELDER should convey the said slaves to WILLIAM TERRIL LEWIS aforesaid in the name of the said WILLIAM RIDGE deceased. And in case the said JOHN FIELDER did so he the said WILLIAM TERRIL LEWIS promised and assured the said JOHN FIELDER on behalf of your Orators and Oratrices that he the said WILLIAM TERRIL LEWIS should and would do every thing in his power to prevent the confiscation of the said slaves and the seizure thereof and to save the same for the benefit of your Orators and Oratrices and that he would make no other use of the said conveyance so proposed (if executed) but to answer the purposed aforesaid and that such a conveyance should in no respect injure or be set up against the right interest or claim of your Orators and Oratrices.
And upon this the said JOHN FIELDER executed in the name of WILLIAM RIDGE deceased (but without having any Estate right or interest therein or in any of the said slaves) same Bill of Sale or other writing upon the trust and confidence and to the end intent and purpose aforesaid and although such trust and intent was not therein particularly expressed yet it was so understood and agreed by and between the said JOHN FIELDER and WILLIAM TERRIL LEWIS and they truly meant and intended and orally expressed the same.
And your Orators and Oratrices further shew that in consequence of such writing and on the trust aforesaid the said slaves SALL and NANN, were delivered by the said JOHN FIELDER into the possession of the said WILLIAM TERRIL LEWIS or he hath otherwise possessed himself thereof and ever since hath been and still is possessed thereof and is also possessed of certain slaves named TILLEY, MILLEY, DAVE, and MESEY, the increase of the said SALL, and ALICIA and PETER the increase of the said NAN, upon the trust aforesaid.
And your Orators and
Oratrices further shew that sometime after the intestates death the said WINNEFRED RIDGE
obtained Letters of Administration of all and singular the goods and chattells rights and
interests of the said deceased to be granted to her and by virtue thereof or otherwise
possessed herself of the said slaves and their increase respectively (Except only the said
SALL and NAN and their increase) and of the other personal estate of the intestate to the
amount in value of one thousand seven hundred pounds or upwards and afterwards
intermarried with NATHAN ALLEN who by virtue of such marriage and in right of his said
wife possessed himself of the slaves and estate is possessed by the said WINNIFRED RIDGE
the late widow of the amount last mentioned and gave s__ the reason of the old
Security new Securities for duly collecting and administering the intestate's estate (to
wit) the said WILLIAM TEREL LEWIS, one Mason COMBS, William NICHOLAS COOK,JOHN PIPES,
SILVANUS PIPES, ZENOS BALDWIN, and ISHAM THOMPSON who with the said WINNIFRED & NATHAN
by their bond did obligation in writing bearing date on or about the day of ___[left
blank]____ jointly and severally bound unto _______ some of ______[left blank]_____ to be
paid to the said ___[left blank]___ where they the said NATHAN ALLEN, WILLIAM TERRIL
LEWIS,MASON COMBS, WILLIAM NICHOLAS COOK, JOHN PIPES, SILVANUS PIPES, ZENOS BALDWIN and
ISHAM THOMPSON should be thereabouts requested with a condition thereunder writing for
making bond the said obligation as in and by the said bond or obligation and condition now
remaining ___ the records of the county Court of Surry relative being thereunto had s__
more fully apparant
And your Orators and
Oratrices further shew that all the intestate's debts being fully paid or satisfied and
the said NATHAN ALLEN being possessed as aforesaid and desirous that your Orators and
Oratrices should have the profits of their shares of the said late Father's estate applied
for their maintenance and education or otherwise for their benefit did in or about May
1785 procure himself to be chosen by your Oratarices ELIZABETH and MARY and appointed by
the Court of the County of Surry guardian for all your Orators and Oratrices. And
thereupon the said NATHAN ALLEN and the said WILLIAM TERRIL LEWIS MASON COMBS WILLIAM
NICHOLS COOK JOHN PIPES SILVANUS PIPES ZENOS BALDWIN and ISHAM THOMPSON and
WILLIAM NICHOLAS COOK as his securities by their others' bond or
obligation in writing bearing date on or about the tenth ---- day of May 1785 became
jointly and severably bound unto RICHARD GOODE, CHARLES MCANNALY and BEN WATSON Justices
of the County Court of Surry in the sum of fifteen hundred pounds in trust of the children
thereafter named being your Orators and Oratrices to be paid to the said GOODE
MCANNALY & WATSON viz, where they the said WILLIAM NATHAN ALLEN WILLIAM TERRIL LEWIS
MASON COMBS WILLIAM NICHOLS COOK JOHN PIPES SILVANUS PIPES ZENOS BALDWIN and ISHAM
THOMPSON should be thereunto required With a condition thereunder written for
making void the said obligation -
"Know all men by these presents that we NATHAN ALLEN
WILLIAM TERRIL LEWIS MASON COMBS, JOHN PIPES, SILVANUS PIPES, ZENOS BALDWIN, ISHAM
THOMPSON, and WILLIAM NICHOLS COOK all of Surry County in the State aforesaid are held and
firmly bound unto RICHARD GOODE CHARLES MCANNALY and BENJAMIN WATSON Justices of the
County Court of Surry and the survivors of them their heirs executors & in the just
and full sum of fifteen hundred pounds in trust of the children hereafter named commited
to the t__ of the said NATHAN ALLEN to the which for present well and truly to be made we
bind our selves our heirs Executors and Administrators jointly and severally firmly by
these presents sealed with our seals and dated this tenth day of May 1785.
The condition of the above obligation such that whereas
the above bounden NATHAN ALLEN is chosen as guardian by ELIZABETH and MARY RIDGE and at
the same time the Court appointed the said NATHAN ALLEN Guardian to SYTHE RIDGE, WILLIAM
RIDGE, THOMAS RIDGE, AND WINFRED RIDGE all the orphans of WILLIAM RIDGE deceased
if the said NATHAN ALLEN shall should faithfully execute his said
guardianship by securing and improving all the estate of the said orphans of WILLIAM RIDGE
aforementioned that shall should come into his possession for the benefit
of the said orphans untill each of them arive at full age or be sooner thereto required
and then render a plain and true account of his said guardianship on oath before the
Justices of said Court and deliver up, pay to, or possess the said orphans of all such
Estate, or Estates, as he ought to be possessed of or to such other person or
persons as shall should be lawfully appointed empowered or
authorized to receive the same and the profits arising therefrom, then this
obligation to be and also to remain in full force and virtue.
As by the same bond
and condition now remaining among the records of the same County Court + reference her
word the said MASON COMBS is dead- that SILVANUS PIPES is an inhabitant of Kentucky
and ISHAM THOMPSON is removed to parts unknown to your Oratrices Orators
and Oratrices out of this State and further shew that immediately upon the said
NATHAN ALLINS being chosen and appointed guardian of your Orators and Oratrices as
aforesaid he became possessed of two thirds of the Intestate's Estate aforesaid to the use
and benefit of our Orators and Oratrices and your Orators and Oratrices have frequently
applied to the said NATHAN ALLEN and WINNIFRED his wife and requested them to come to an
account with your Orators and Oratrices or their present guardians for their shares
respectively of the said father's Estate and for the profits thereof and for the
transactions of the said NATHAN ALLEN as guardian as aforesaid and to the said WILLIAM
TERRIL LEWIS and requested him to account for the said trust premises and the profits
thereof and that the said NATHAN ALLEN and WINNIFRED his wife and WILLIAM TERRIL LEWIS
would deliver over the said shares Trust premises and profits respectively to your Orators
and Oratrices or their guardians with which reasonable requests your Orators and Oratrices
hoped they would have complied as in Justice and Equity they ought to have done. But now
so it is.
May it please your Honors that
the said NATHAN ALLEN and WINNIFRED his Wife, and WILLIAM TERRIL LEWIS and the said MASON
COMBS, WILLIAM NICHOLS COOK JOHN PIPES SILVANUS PIPES ZENOS BALDWIN and ISHAM
THOMPSON all of Surry County aforesaid and WILLIAM COOK and JONATHAN HAYNES both of
the same County Esquire, one of the guardians chosen by and appointed for your Orators and
Oratrices by the County Court of Surry aforesaid combining and confederating themselves
together and to and with divers other previous unknown to your Orators and Oratrices whose
names when discovered your Orators and Oratrices pray they be herein inserted and they
made parties here to with a[fore]s'd matter and words to charge them as defendants and
contriving how to injure and defraud your Orators and Oratrices in the premises they the
said NATHAN ALLEN and WINNIFRED his Wife and WILLIAM TERRIL LEWIS absolutely refuse to
comply with such reasonable requests sometime pretending as a reason for such refusal that
the said NATHAN ALLEN and WINNIFRED his Wife have fully administered all the Intestates
Estate and duly accounted for the same and delivered over your Orators and Oratrices
shares to their guardians.
Whereas your Orators and Oratrices charge
as the truth really is that they have neither fully administered nor duly accounted for
the Intestate's Estate and that divers slaves goods and chattells now remain in their
hands to be administered or ought to have been collected or gotten in by them and which
might have so been had it not been for their own wilful neglect or default and
particularly the said SAL, NAN, TILLEY, MILLEY, DAVE, and MESEY aforesaid and also KATE
and her increase JAMES, KEZIAH, HANNAH, and APPY, and at other times the said confederates
pretend that the said NATHAN ALLEN late guardian as aforesaid hath duly managed and
applied the Estate of the Orphans your Orators and Oratrices and maintained and educated
them until the said WILLIAM COOK and your Orators and Oratrices next friend new
L__ were chosen by or appointed new Guardians for them and that a full and just
account hath been made of the said NATHAN ALLEN'S transactions as guardian as aforesaid
and that the same hath been executed with such new Guardians or with the County Court of
Surry and that the whole which remained in the hands custody or power of the said NATHAN
ALLEN after all just allowances hath been delivered over to the hands of the said new
Guardians or one of them for the benefit of your Orators and Oratrices.
Whereas your Orators and Oratrices charge that the said NATHAN ALLEN did not duly manage and apply your Orators and Oratrices Estate or grant part thereof to be lost or taken away or otherwise disposed thereof or applied the same to his own use and particularly the said NATHAN ALLEN Guardian as aforesaid delivered to or suffered the said WILLIAM TERRIL LEWIS to take and retain to his own use the aforesaid slave named KATE and her increase JAMES, KEZIAH, HANNAH, and APPY, and hath never delivered over same or either of them to the said new Guardians or either of them.
And the said NATHAN ALLEN hath not duly accounted for his transactions as guardian aforesaid either with the said County Court or the new Guardians aforesaid nor hath the said NATHAN ALLEN delivered over for the benefit of your Orators and Oratrices to the new guardians or either of them all that remained of the same Estate of your Orators and Oratrices after deducting the charges of their maintenance and education but divers slaves goods and chattels now remain in his custody or power or he hath disposed thereof or might have possessed or any still possess the same was it not for his own willful neglect or default.
And the said WILLIAM TERRIL LEWIS pretends that the Intestate aforesaid made to him some Bill of Sale or other conveyance in his life time by which the property of SAL and NAN was absolutely vested in him to his own use.
Whereas your Orators and Oratrices charge that the said Intestate never made any conveyance or delivered the same slaves or any of them to the said WILLIAM TERRIL LEWIS but both were the property of the Intestate at his death and that the said JOHN FIELDER made such Bill of Sale or conveyance as aforesaid in the Intestate's name and after his death upon the trust and to the intent aforesaid and ___ated the same.
And at other times the said WILLIAM TERRIL LEWIS pretends that the said NATHAN ALLEN was indebted to him in some money and that the said NATHAN removed himself privately out of the County of Surry or so absconded that the ordinary process of law could not be served upon him and that he thereupon sued forth an original attachment against the said NATHAN and attached the said KATE and three of her children namely JAMES, KEZIAH and HANNAH, and that the officer sold them by virtue of some Order of Sale or Judgment and Execution on such attachment and that he became the highest bidder and purchasor and hath therefore a good right and title to the same.
Whereas our Orators and Oratrices expressly charge that the said NATHAN ALLEN was not justly indebted to him in any manner whatsoever and although said NATHAN ALLEN removed or absconded and the said LEWIS sued forth an attachment and then procured the officer to attach and KATE and her three children aforesaid as the property of the said NATHAN ALLEN yet the same slaves never were the said NATHAN ALLEN'S property nor were they possessed by him in any manner other than as Guardian as aforesaid and so the said WILLIAM TERRIL LEWIS well knew and that same belonged to and were your Orators and Oratrices property and still so remain and that no Order of Sale was ever made on the said attachment by any Court or person having lawful authority in that respect nor was any Judgment ever obtained thereon nor any Execution ever issued whereby the said KATE and her said three children or any or either of them could have been sold legally nor was she or said children or any of them sold by virtue of any Order of Sale or Judgment and Execution nor did the said WILLIAM TERRIL LEWIS bid for or become the purchasor thereof.
And at other times the said WILLIAM TERRIL LEWIS will admit the same but then he pretends that the said Intestate in his life time offered to give a Negro girl to any one who would cure his daughter POLLY (your Oratrix MARY) of the laimness with which she was then afflicted and that one THOMAS AYRES cured her and that the said Intestate thereupon made him some Bill of Sale of KATE and her Increase and that the said THOMAS AYRES sold and delivered or gave to his son JOHN AYRES a Power of Attorney to sell and deliver the same to the said WILLIAM TERRIL LEWIS and made or gave Power to make him a Bill of Sale thereof and that the KATE and her Increase were accordingly sold and delivered.
Whereas your Orators and Oratrices charge that the said THO'S AYRES the father did not cure your Oratrix MARY as pretended nor did the said Intestate offer a Negro girl to any one who should cure her and that the said Intestate never executed any Bill of Sale whatsoever of the said KATE and her Increase or any of them nor otherwise sold or delivered same or any of them to the said THOMAS AYRES.
And if the said THOMAS AYRES did sell or deliver or give any Power of Attorney to the said JOHN AYRES for the purposes aforesaid (which your Orators and Oratrices do not admit) yet they charge that the said THOMAS AYRES had no right or interest or legal authority so to do.
And your Orators and Oratrixes also charge
that the said WILLIAM TERRIL LEWIS became possessed of the said KATE and her said three
children JAMES, KEZIAH, and HANNAH, by a shameful fraud and abuse of the process of the
law for that the said WILLIAM TERRIL LEWIS to gain such possession caused the attachment
before pretended to be issued and the same Negroes to be thereon attached and taken into
the custody of the officer as the property of the said NATHAN ALLEN and when the same were
in such custody the said WILLIAM TERRIL LEWIS procured the said JOHN AYRES fraud colour
and pretence of an authority from his said Father to sell and deliver the same Negro
Slaves to said WILLIAM TERRIL LEWIS and pursuaded the officer to permit such delivery and
to give same Slaves up to the said WILLIAM TERRIL LEWIS whereby under color of executing
the process of law the same Slaves were taken out of the possession of the
your Orators and Oratrices Guardian NATHAN ALLEN and put into the possession of the said
WILLIAM TERRIL LEWIS where they have ever since remained and still remain and the your
Orators and Oratrices have been defrauded and wholly deprived of the profits thereof which
were necessary for their maintenance and education.
And your Orators and Oratrices charge also that upon the said WILLIAM TERRIL LEWIS'S obtaining possession of the same Slaves he directed the Officer not to return the said attachment and by the means aforesaid fraudulently and deceitfully acquired possession of the same Slaves under pretence and colour of executing the Process of the Law.
And at other times the said WILLIAM TERRIL LEWIS pretends that your Orators and Oratrices have recovered in Trover for SAL, NAN, and KATE, and their Increase respectively against him and that therefore the property of all same Slaves and Increase is vested in him.
Whereas your Orators and Oratrices charge that although Trover was bought by the Guardians of your Orators and Oratrices against the said WILLIAM TEREL LEWIS for the same Slaves and their Increase and a recovery had in Surry County Court of 270 £ damages yet that such damages were given by the Jury on that trial for KATE aforesaid and her Increase and not for SAL and NAN and their Increase and are too small ever __ that [torn] therefore your Orators and Oratrices said Guardians JONATHAN HAYNES and WILLIAM [torn] dissatisfied and prayed an Appeal but the said WILLIAM TERRIL LEWIS pretending he also disatisfied and praying an Appeal and giving Security for prosecuting the same had such Appeal granted to him whereupon your Orators and Oratrices same Guardians thinking they should have justice done them on the said WILLIAM TERRIL LEWIS'S Appeal neglected further to prosecute the are prayed by them and afterwards the said WILLIAM TERRIL LEWIS refused to carry out the one granted to him as aforesaid or declined the same by which means your Orators and Oratrices were deprived of that ample Justice which was due to them.
And the said WILLIAM TERRIL LEWIS contriving with the said WILLIAM COOK one of the Guardians of your Orators and Oratrices how to injure and defraud your Orators and Oratrices entered into some apeasement composition or settlement with a view to preched {?} ;your Orators and Oratrices from having the said Appeal returned and from recovering more for the said Slaves than the small damages aforesaid or thereabouts.
And your Orators and Oratrices charge that it was the intention of your Orators and Oratrices and their said Guardian and next friend JONATHAN HAYNES to have had a new trial on an appeal in the said Action and that they and their said Guardian then were and ever since have been dissatisfied with the said verdict and with the unjust taxation of costs thereupon the said County Court their owing more of the costs of witnesses upon your Orators and Oratrices and only allowed the costs of two and that such Intrition hath been frustrated by the artful contrivance of the said WILLIAM TERRIL LEWIS in praying and not prosecuting the said Appeal and the unjust and improper conduct of the said WILLIAM COOK as aforesaid.
And your Orators and Oratrixes also charge that the said WILLIAM COOK hath contrary to his duty as Guardian mismanaged wasted and misapplied the Estate of your Orators and Oratrixes and particularly that he hath in opposition to your Orators and Oratrixes ___est and the opinion and advise of the said JONATHAN HAYNES and with a view to injure your Orator and Oratrixes and benefit the said WILLIAM TERRIL LEWIS entered into some apeasment or composition with the said WILLIAM TERRIL LEWIS as aforesaid and thereby hath prevented your Orators and Oratrixes from a new trial in the said Action of Trover and deprived them at law of any compensation for the said Slaves SAL and NAN and their Increase respectively and consented that the said WILLIAM TERRIL LEWIS should not further prosecute his said Appeal and asked to take a much less sum for your Orators and Oratrices damages than ever KATE and her children are really worth and to give the said WILLIAM TERRIL LEWIS time for a the payment thereof.
And your Orators and Oratrixes further charge that the said WILLIAM COOK never had in the capacity of joint Guardian with the said JONATHAN HAYNES any good right or lawful authority to convey away release, impound for or give up any of the Estate on interests of your Orators and Oratrixes.
And your Orators and Oratrixes further
charge that THOMAS RIDGE a cousin of the Intestate was and is a material
witness for your Orators and Oratrixes and was duly subpoenaed in the said Action of
Trover on the part of the your Orators and Oratrixes therein and that the
said WILLIAM TERRIL LEWIS in order to deprive the same orphans your Orators and Oratrixes
of the benefit of his Testimony on the trial of the said cause and [torn] witness from
[torn] did previously to __ actions coming on cause the [torn] taken into custody on
a Warrant issued by the said WILLIAM TERRIL LEWIS himself [torn] of house-burning in the
late War between America and Great Britain and thereby an by threats and unjust
___ so intimidated and frightened the said THOMAS RIDGE that he broke custody and ran off
and so your Orators and Oratrixes in the said Action lost and were deprived of the benefit
of his testimony at the trial thereof on which they liked to recover damages for SAL and
NANA and their Increase of the value of 1000 £ or thereabouts and for want thereof the
Jury allowed your Orators and Oratrixes nothing for the same Slaves and Increase.
All which Actings Doings Pretences Threats and Menace are contrary to equity and good conscience and tend to the the manifest wrong and injury of your Orators and Oratrixes in the premises. In tender consideration whereof and for as much as your Orators and Oratrixes are remidiless in the premises at law and cannot obtain adequate benefit herein without the aid of a Court of Equity where matters of the nature are properly cognizable and likeable.
To the End therefore that the said confederates may upon their oath full true and perfect answer make to all and singular the premises and that as fully as if the same were here repeated and they thereunto severally and respectively interrogated according to the best of their knowledge reason ___ information and belief respectively.
And that the said WILLIAM TERRIL LEWIS may set forth with Right Title or Interest he hath or claims in as to the said Slaves or any and which of them or their or any and which of their Increase respectively and how and in what manner in particular takes out or directs the same.
And that the said WILLIAM TERRIL LEWIS may be decreed to come [torn] and Oratrixes for the said Slaves SAL and NAN and their [torn] premises and for the hire and profits thereof and to deliver [torn] the use of your Orators and Oratrixes.
And that the said NATH [torn] your Orators and Oratrices for his Transactions as Guardian as [torn] __ale the Estate of your Orators and Oratrixes come to his hands or possession and the profits thereof for which might without his wilful neglect of default have [torn] to his hands custody or power and he decreed to make over deliver and pay what remains or reputed to remain therefor (after all just allowances) to your Orators and Oratrixes.
And that the said NATHAN ALLEN and WINNIFFRED his Wife may also account with your Orators and Oratrixes for their shares respectively of the Intestate's Estate and be decreed to deliver make over pay what shall appear coming to your Orators and Oratrixes on the said Account to or to the use of your Orators and Oratrixes.
And that the said WILLIAM TERRIL LEWIS MASON
COMBS [torn] NICHOLS COOK JOHN PIPES SILVANUS PIPES ZENOS BALDWIN AND ISHAM
THOMASON (Se [torn] aforesaid) may be decreed to answer and make good all deficiencies and
defic [torn] NATHAN ALLEN late Guardian as aforesaid, and of the said NATHAN ALLEN
[torn] Wife Administrator as aforesaid in their his said
Guardianship and [torn] and of their own proper Estates respectively .
And that your Orators and Oratrices may have such further mo [torn] as the nature of their case may require and shall be agreeable to equity and good conscience.
May it please your
Honors to grant unto your Orators and Oratrixes not only one or more Writ or Writs of
Subpoena to be directed to the said NATHAN ALLEN and WINNIFRED his wife WILLIAM TERRIL
LEWIS MASON COMBS WILLIAM NICHOLS COOK JOHN PIPES SILVANUS PIPES ZENOS
BALDWIN ISHAM THOMPSON and WILLIAM COOK thereby commanding them at a certain day and under
a certain pain therein to be directed personally to be and appear in the honorable Court
and then and there true direct and perfect answers make so. And further to stand to and
abide such order and decree therein as s'd.
And your But also a Writ of Capias to hold the defendant WILLIAM TERRIL LEWIS to
bail s'd to be directed s'd returnable. And your Orators and Oratrixes shall ever prayed
Jo WILLIAMS, Compl't Council.
JOHNATHAN HAYNES the con Compl'ts next friend maketh oath that to
the best of his knowledge and belief the Compl's aforesaid have sustained damages by
reason of the conduct of the said WILLIAM TERRIL LEWIS in the premises set forth in the
foregoing Bill to the Amount of three hundred and eight pounds and upwards.
JON'TH HAINES
Sworn to before me at Salisbury this 12th day of May 1792
Spruce Macay, J. C. E.
State of North Carolina
On the affidavit of the within named JONATHAN HAINS it is ordered
that one of the defendants be wit WILLIAM TERRIL LEWIS be held to bail on the within bill
of complaint.
Spruce Macay, J. C. E
Copy of the Judgement
Cook & Haynes
vs
Wm T. Lewis
November term 1790
State of North Carolina }
Surry County }
November Term 1790
William COOK & Jonathan HAYNES guardians &c
vs
William Terrill LEWIS, Esq'r
Action for Trower
A Jury thereon being called and duly sworn find for the plaintiffs and assess their damages to two hundred and seventy pounds and costs. Witness Joseph WIlliams Clerk of said Court at office the 19th day of September Anno Domini 1791.
Jo Williams, CC
Ridges Orphans
vs
Silvanus PIPES
Writ of Supb'a in Equity
Salis'y Supr. Court
September Term 1792
Not
Ex'td Hugh Armstrong, Shr'ff
By John Thos Longino, Dep'y
The Deft'd has removed himself out of this County and is gone to
Jno Williams, plaintiff's Attorney
Court of Equity
Salisbury District
The State of North Carolina
To Sivanus Pipes of ________ Greeting
For certain reasons offered before the honorable Court of Equity held for the said District, you the said Silvannus PIPES of the County aforesaid are commanded and strictly injoined, that, laying all other matters aside, and notwithstanding any excuse, you Silvannus PIPES personally appear before th said Court, at the Town of Salibury onthe ninteenth day of September next then and there to answer concerning these things which should then and there be objected to you by William RIDGE, Thomas RIDGE, Mary RIDGE, Eilizabeth RIDGE, Sythe RIDGE, and Winefred RIDGE, by their Guardian & next friend Jonathan HAIN in their Bill of Complaint filed in the office of the said Court a copy of which accompanys this Writ and to do further, and receive what the said Court shall consider in this behalf, and this you shall in no wise omit under the penalty of Law.
Witness Maxwell Chambers, Clerk and Master of the said Court at office the ninteenth day of March Anno Dom 1792 and the 18th year of the United States.
Issued 24th may 1792
Max Chambers Clk Eq'y
Ridges Orphans
vs
Isham THOMPSON
Writ of Supb'a in Equity
Salis: Court of Equity
Septem Term 1792
Not
Ex'td Hugh Armstrong, Shr'ff
By John Thos Longino, Dep'y
The Deft'd has removed himself out of this County and is gone to
Jno Williams, plf Attorney
Court of Equity
Salisbury District
The State of North Carolina
To Isham THOMPSON of _______ County Greeting
For certain reasons offered before the honorable Court of Equity held for the said District, you the said Isham THOMPSON of the County aforesaid are commanded and strictly injoined, that, laying all other matters aside, and notwithstanding any excuse, you Isham THOMPSON personally appear before th said Court, at the Town of Salibury onthe ninteenth day of September next then and there to answer concerning these things which should then and there be objected to you by William RIDGE, Thomas RIDGE, Mary RIDGE, Eilizabeth RIDGE, Sythe RIDGE, and Winefred RIDGE, by their Guardian & next friend Jonathan HAIN in their Bill of Complaint filed in the office of the said Court a copy of which accompanys this Writ and to do further, and receive what the said Court shall consider in this behalf, and this you shall in no wise omit under the penalty of Law.
Witness Maxwell Chambers, Clerk and Master of the said Court at office the ninteenth day of March Anno Dom 1792 and the 18th year of the United States.
Issued 24th may 1792
Max Chambers Clk Eq'y
To William Terril Lewis Esq'r or to his Attorney Arch'd Henderson Esquire
Take notice that on the seventh day of July next at the house
of Salathiel MARTIN in Powells Valey in the State of Tennessee I purpose to take
the Deposition of the said Cap Salathiel MARTIN and Polly his wife to be
read in evidence in the suit in Equity where I as the next friend of the orphans of
William RIDGE are complainants and you and others are Defendants-
[The deposition of Salathiel Martin was taken at his house on 7 July
1806 in Claiborne County, Tennessee. No deposition survived for his wife Polly.]
And on the first Monday in September next at the house of Jesse
LESTER at Rockford in the County of Surry in the State of No Carolina I purpose to
take the Deposition of Obediah Martin BENGE Esquire and
others to be read in Evidence in the same suit where you are where you
may be present if you think proper
May 6 th 1806
from Sir, ours &c
Jon'th
Haines
Arch'd Henderson Esq'r
)
Attys. for Wm T. Lewis & others )
References Cited
NC State Library and Archives, CR085.508.136, Estate Records, Rowan Co., NC, Folder: William Ridge (1785)
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Sincerely, George Baumbach, Email:
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