Fourth Generation Inclusive

Historical Documents of Genealogical Interest to Researchers of North Carolina's Free People of Color

Category: Court Actions

To the evil example of all persons.

State of North Carolina, Chowan County   }

Court of Pleas & Quarter Sessions, August Term 1856

The jurors for the State in this oath present that Richard Wynns a free man of colour not a citizen of this State did on the first day of July 1856 migrate into the State to the Evil Example of all persons in the like case & contrary to the form of the Statute in such case made & provided    Hines, Solicitor

Chowan County Records, North Carolina State Archives.

Wayne County Apprentices, 1844.

Joseph Seaberry, age 2 years 8 months, and Exeline Seaberry, age 4 years 8 months, were bound to Burwell Martin.

Patrick Artis, 4 1/2, was bound to Martin Sauls.

John Artis, 2, was bound to William Aycock.

Thomas Artis, 15, and Rufus Artis, 5, were bound to William Hooks.

Henderson Gandy, 17, was bound to Thos. T. Hollowell.

Jacob Goins, 10, was bound to Washington Hooks.

John Carroll was bound to Robert McKinnie.

John Hagans, 15, was bound to Bunyan Barnes.

Apprentice Records, Wayne County Records, North Carolina State Archives.

Bond for Joseph Hostler.

State of North Carolina, Cumberland County  }

Know all men by these presents, that we Sophia L. Smith, John W. Huske and John Winslow, all of the County of Cumberland aforesaid, are held and firmly bound unto David L. Swain Esqr. Governor, Captain, General, and Commander in Chief in and over the State aforesaid, in the Just and full Sum of Two hundred Pounds, Currency of the said State, to be paid to his Excellency aforesaid or his Successors in Office, to which payment well and truly to be made and done, we bind ourselves, our heirs, Executors and Administrators, jointly and Severally, firmly by these presents, Sealed with our Seals and dated this 2d. day of June Anno Domini 1835.

The Condition of the above obligation is such, that whereas by an act of the General Assembly of the State of North Carolina passed A.D. 1833 Joe, a Slave, belonging to the above bounden Sophia L. Smith, was, with the consent and at the request of his Said owner, the said Sophia L. Smith, emancipated and set free and by the name of Joseph Hostler admitted to all the rights and privileges which are enjoyed by other free persons of Colour in this State,: Now if the said Joseph Hostler shall honestly and correctly demean himself as long as he shall remain in this State, and Shall Save harmless the parish of the Country, from all charges or Expenses on account of him the said Joseph Hostler, then the above obligation to be void otherwise to be and remain in full force and virtue. Sophia L. Smith {seal} [no other signatures]

Signed, Sealed and delivered In presence of [no signatures]

Miscellaneous Records, Cumberland County Records, North Carolina State Archives.

Wayne County Apprentices, 1843.

Eliza Hagans, 16, was bound to Lovet Peacock in 1843.

William Ayers, 13 was bound to Fred Hollomon in 1843.

In the 1860 census of Black Creek, Wilson County: William Ayres, 30, farm laborer, in the household of Stephen Privett, farmer.

John Q. Barfield, 12, Thomas Barfield, 11, and Henry Barfield, 7, were bound to John Hooks in 1843.

In the 1850 census of North Side of Neuse, Wayne County: Henry Barfield, 14, in the household of Mary Hooks. In the 1860 census of Nahunta, Wayne County: Thomas Barfield, 32 turpentine hand, with Charly A., 16, and Melvina Barfield, 2.

William Ayers, 13, was bound to Enos Rose in 1843.

Ruben Artis, 1, and July Artis, 1, were bound to John Exum in 1843.

In the 1850 census of Warren, Warren County: Reuben Pettiford, 50, stonemason, wife Judy A. Pettiford, 37, children Eliza Artis, 21, Alfred Artis, 15, Jack Artis, 13, Rhody Artis, 12, Ruben Artis Jr., 10, Julian Artis, 9, Mary Artis, 7, Elizabeth J. Pettiford, 5, and Virginia Pettiford, 3, plus Middy Artis, 60, and Isah Artis, 4 months. [Sidenote: This family appears in a number of permutations in the 1850 and 1860 censuses. Apparently, Reuben Pettiford and Judy Pettiford married late, if at all, and did not always cohabitate.  –LYH.]

Simpson Artis, 14, Jordan Artis, 11, Henry Artis, 9, Duncan Artis, 7, Ned Artis, 7, Leonard Artis, 4, Nancy Artis, 2, Rasberry Artis, 1, and Levinah Artis were bound to Burket Barnes in 1843.

In the 1850 census of Monroe, Howard County, Indiana: Simpson Artis, 22, laborer, born NC, and John Owens, 24, born Indiana. In the 1850 census of North Side of Neuse, Wayne County: Henry, 15, Duncan, 13, Lenoard, 10, and Ashberry Artice, 7, in the household of Burkett Barnes, farmer. In the 1860 census of Saulston, Wayne County: Olive Artis, 60, Elizabeth Artis, 20, Jordan, 27, and infant, 1 month. 

Apprentice Records, Wayne County Records, North Carolina State Archives; federal censuses.

He is a free boy of colour.

This is to certify that Simeon is a free boy of colour son of Alson Brothers & Favourite his wife given under my hand and seal Dec 13th 1841   E.L. Hinton JP

Slave Records, Pasquotank County Records, North Carolina State Archives.

In the 1850 census of Camden County: Alson Brothers, 62, farmer, and wife Farvur, 60, both of Pasquotank County, with children James, 17, John, 15, Milly, 13, and Lucy, 11, all born in Camden County. In the 1860 census of Camden County: Simeon Brothers, 30, “insane,” in the household of Martha Thornton.

Her brother has the deed, unless he destroyed it.

State of North Carolina, To the Sheriff if Wayne County   } Greeting – You are commanded to summon Wm. Burnett to be and appear before the Judge of Probate of Wayne County at the Court House in Goldsboro on Friday the 17th day of September 1875 at 11 A.M. and testify under oath, upon the hearing of a motion now pending in the Probate Court of said County, made by Mary Lynch Ex parte – And also to bring with him the said Wm Burnett and produce at the time and place aforesaid a certain deed or paper writing executed by the late Wm Smith to the late Himerick Lynch, conveying to the said Lynch a lot of land in the town of Goldsboro, at the Southwestern corner of West Centre and Elm Streets – or conveying to him an interest [illegible] – And that he also bring and produce as aforesaid any paper in his possession relating to said land or the title of the said Lynch thereto. Herein fail not under the penalty prescribed by law.

Witness W.T. Yelverton Judge of Probate for Wayne County the 16th day of September 1845. /s/ W.T. Yelverton Probate Judge

—–

North Carolina, Wayne County   }

Mary Lynch Ex parte } In the Probate Court

Mary Lynch swears that she is the widow of Himerick Lynch deceased, who died during the year 1865 seized of a lot of land in Goldsboro on the Southwestern Corner of West Center and Elm Streets which had been conveyed to him by Wm. Smith now decesed – that before the death of the said Himerick he had left said deed in the hands of Wm Burnett, who now has the same in possession if it has not been destroyed. Affiant further swears that she has never had dower, or homestead assigned to her out of said land or any other land of the said Himerick Lynch and that she is advised that she is entitled thereto, and has an interest in said land, and that said deed has never been proven and Registered.  Mary X Lynch

Sworn to before me Sept 16th 1875 W.T. Yelverton

Estate Records, Wayne County Records, North Carolina State Archives.

In the 1850 census of North Side of Neuse, Wayne County: Himerick Lench, 32, painter, wife Mary, 32, and Susan Burnet, 10.

From father to sons.

Waddle Cade to George W. Chesnut & Andrew J. Chesnut

This Indenture, made this Sixth day of June in the year of our Lord One thousand eight hundred and thirty six between Waddle Cade of the County of Cumberland and town of Fayetteville in the State of North Carolina of the one part, and George Washington Chesnut and Andrew Jackson Chesnut of the County of Cumberland and State of aforesaid, of the other part: Witnesseth, that the said Waddle Cade for in consideration of the Sum of Twenty dollars to him in hand paid by the said George Washington & Andrew Jackson Chesnut at and before the sealing and delivering of these presents, the receipt whereof he doth hereby acknowledge, hath given, granted and bargained, sold, aliened, remised, released and confirmed, and doth by these presents, give, grant, bargain and sell, alien, remise, release and confirm unto the said George Washington Chesnut and Andrew Jackson Chesnut all that tract or parcel of Land Situate, lying and being in the County of Cumberland and town of Fayetteville. Beginning at a Stone on the Intersection of Morgan & Russell Streets [insert illegible] North Seventy degrees West along the North edge of Russell Street two chains to a Stone Mordica Cohens South East corner, Thence along said Cohens last line North twenty degrees East five chains more or less to a Stake half the distance from Russell to Person Street thence South seventy degrees East along the dividing line of Goodorum Davis’ Say that part of the two acres lot drawn by Thomas Davis Junr. Two chains to a Stone on the West side of Morgan Street half the distance as stated above then South twenty degrees West five chains more or less with said Street to the Beginning containing One acre more or less being the one half of a Lot containing two acres drawn by Thomas D. Burch at the division of Dolphin Davis Estate reference to the Records will more fully appear. – To have and to hold the said land, with appurtenances, to the only proper use, behoof and benefit of the said George Washington Chesnut and Andrew Jackson Chesnnut their heirs and assigns, and every of them shall have hold occupy, possess and enjoy the said land, with its appurtenances, without any let, suit, hindrance, molestation, or eviction from or by the lawful claim or claims of any person or persons whatsoever, to warrant and forever defend. – In Witness whereof, the said Waddle Cade has hereunto set his hand and affixed his seal the day and year first above written. – Waddle Cade {seal}

Sealed & delivered in presence of Archd. N. McLean, Neal Shaw

State of North Carolina, Cumberland County  } Court of Pleas & Quarter Sessions June Term 1836 – then was the Execution of this Deed acknowledged in Open Court by Waddle Cade & Ordered to be Registered. Test Arch’d McLean Jr. Clk.

Deed Book 41, Page 398, Register of Deeds Office, Cumberland County Courthouse, Fayetteville.

Free papers.

This is to certify that Urias Morris of col. is a free Man & Resides in Pasquotank county N. Carolina  January 13th 1829    Edm. C. Blount JP

Slave Records, Pasquotank County Records, North Carolina States Archives.

In the 1860 census of Pasquotank County: Uriah Morris, 56, caulker, wife Livey, 50, and children Matilda, 14, and Laura, 13. Uriah reported owning $400 in real property.

We have known him from his infancy.

State of North Carolina, Pasquotank County   } Personally Came before me Abraham Symons one of the Justices of the peace for said county Noah Hollowell and William Pow who testifiath that James Overton of Color is a free man having known him from his infancy and also knowing his parents were free previous agreeably to the Constitution of the State Witness my hand and Seal this 23rd day of October 1830.   /s/ A. Symons JP

[In a different handwriting] Jane Parthenia Overton, 5 feet 4 of a Light Black Forty years of age, has a Scar on the left Shoulder Dianna, Simeon, George

Slave Records, Pasquotank County Records, North Carolina State Archives.

In the 1830 census of Pasquotank County, James Overton was head of a household that included one male under 10; one male aged 24-35; two females aged 10-23; and one female aged 24-35.

In the 1850 census of Pasquotank County: Simeon Overton, 35, laborer, wife Elizabeth, 30, and children Daniel, 10, Josephine, 6, and Emily, 4.

I bind my son and daughter.

THIS INDENTURE Made this 5th day of June in the year 1795 Between Hannah Robertson of Anson County and state of North Carolina of the one part and Joseph Clark of the same County of the other part Witnesseth that I said Hannah Robertson for and in consideration of Divers good cause me thereunto moveing have put placed & bound unto Joseph Clark my two children Viz. my son Mastin Robertson & my Daughter Sarah Robertson until they arrive at the age of Twenty one years each that is to say that I Bind my Son Mastin for the Term of Twelve years and nine months and my said Daughter Sarah for the term of Twelve years and Seven month from the date hereof And also I Rachael Chaves do put under and Bind unto Joseph afsd.  My son Edmond Chaves for the Term of Eighteen years & ten month from the date hereof  Each one to learn the Business and occupation of planter etc. he the said Joseph Clark obliging himself to find and provide for them the afsd. Children or cause it to be done Sufficient & usual provision & Clothing and other nessessaries fit for their Condition and Station during the said term and I the said Hannah Robertson & Rachael Chaves by these presents vest and Authorise him the said Joseph Clark with full power to compel them in a Reasonable way to comply with their duty as Bound Servants etc. In Witness whereof we Hannah Robertson & Rachael Chaves have hereunto set our hands & seals the day and year above written.   Hannah X Robertson   Rachel X Chaves

Witnesses Ezra Bostick J.P., James Fields, Samuel Curtis

Deed Book E, page 352. Register of Deeds Office, Anson County Courthouse, Wadesboro.