Transactions | Fourth Generation Inclusive

June 6, 2014

Sixteen acres for $66.

This Indenture made and entered into this day between Hardy Laster Jr. and Green Laster both of the County of Edgecomb and State of North Carolina, witnesseth that I Hardy Laster, have bargained and sold unto Green Laster for sixty six dollars Sixteen acres of Land in the County and State aforesaid adjoining B. Simms, Lemon Ruffin and others beginning in Ruffin’s line thence across the Piny woods thence in a direct line with the Crop fence and then with said fence to the Mill Pond with said line out in the piney woods to the beginning a stake containing sixteen acres more or less together with all the appurtenances thereon and I Hardy Laster do forever warrant and defend the right and title unto Green Laster forever free ad clear from any and ever person or persons whomsoever claiming the Same in witness whereof I hereunto set my hand and seal this day 16th September 1854. Hardy X Laster Jr. Witness J.W. Farmer, Josiah Farmer

Deed Book 1, page 56, Register of Deeds, Edgecombe County.

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May 16, 2014

Details of a transaction.

RALEIGH, May 20, 1869.

K.P. BATTLE, ESQ.:

Dear Sir: I have to state that Jeptha Horton and myself purchased of William Smith (free colored) his tract of land (less than 100 acres) lying in the vicinity of Raleigh, and not long afterwards sold it to John Hutchins, of Wake county, who paid the purchase money, and received a proper deed for the same about the year 1853.

I have conversed with Mr. Horton, and he thinks both he and I signed the deed, and that Smith’s deed to us was at the time delivered over to Mr. Hutchins. Mr. Horton was the active agent in the purchase and sale of this property, and my own recollections at this late date of the entire transaction are very meagre and imperfect. Yours, W.W. VASS

The deed from Wm. Smith, barber, to W.W. Vass and Jeptha Horton in fee, is registered and date February, 1853.

Wm. Smith bought of John Suggs in 1838 and 1826, as appears from the registry books. BATTLE & SONS.

The Daily Standard (Raleigh), 27 May 1869.

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July 21, 2013

The Armwoods get certified and paid.

During the Civil War, free men of color were conscripted to build breastworks on North Carolina’s southern coast. After filing claims, the Armwoods were paid for their two weeks of service — minus the cost of a furnished blanket.

In the 1850 census of Southern District, Sampson County: John Armwood, 50, laborer; Susan, 30; Henderson, 25; Louisa, 20; Henry, 16; Richard, 15; and John Armwood, 13. In the Northern District: James Winn, 33; Buckner L.Bryan, 14; Zachariah Bryan, 13; and Owen Armwood, 24.

Confederate Papers Relating to Citizens or Business Firms, 1861-1865, National Archives and Record Administration.

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June 24, 2013

It did not make a slave of Mills.

John A. Philips v. Patrick Murphy, Adm’r, 49 NC 4 (1856).

This action arose in Cumberland Superior Court.

Robert Mills, a free man of color, entered into this written contract with Louis A. Nixon:

“Know all men by these presents, that I, Robert Mills, for and in consideration of sixty dollars, to me in hand paid, at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, have given, granted, bargained and sold, and by these presents do give, grant, bargain and sell unto Louis A. Nixon, his executors and assigns, my active services, as a servant, for the full and entire term of five years, and the full and entire control of my person and labor during that entire time.”

Nixon died, and his administrator entered into a contract with plaintiff Phillips: “Six months after date, we, or either of us, promise to pay Charles D. Nixon, administrator of Louis A. Nixon, or order, the sum of one hundred and twenty-five dollars for value received, in hire of a certain negro, Robert Mills, for the term of four years, or so long as Louis A. Nixon was entitled to the services of the said negro.” Phillips then put Mills “against his consent … into the possession of” a Barksdale.”

The suit contended that this bond was void as being against the policy of the law because “no man could sell himself into a state of slavery …” The Court disagreed, stating, “There is nothing in the transaction against the policy of the law. The legal effect of the deed executed by Mills to Nixon, was not to make a slave of Mills, or in any way vest in Nixon a title to him as property, but simply to give Nixon a right to his service for five years, upon an executory agreement, for a breach whereof an action of covenant would lie. The fact, that Mills is a free negro, makes no difference, for a white man may bind himself in the same manner. Indeed, it is common in some portions of the State, for white men to hire themselves during crop time, or for a year. The peculiarity about this contract is, that it is for five years, and is extended, by express words, to the assigns of Nixon. …”

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June 13, 2013

140 acres on the waters of Island Creek.

Zachariah Robinson to Tabitha May

This Indenture made this 21^st day of February in the year of our lord 1818, Between Zachariah Robinson of the State of North Carolina & county of Anson of the one part, and Tabitha May of the same county and State of the other part. Witnesseth that the said Zachariah Robinson hath for and in consideration of the sum of twenty four dollars to him in hand paid by the said Tabitha May, before the sealing and delivery of these presents the Receipt whereof is hereby acknowledged, hath bargained sold & conveyed and doth by these presents bargain sell and convey unto the said Tabitha May a certain tract or parcel of land situate lying & being in the State of No Carolina and Anson County on the waters of Island Creek. Bounded as follows Beginning in Hamers line at a small pine one pine pointer and runs with Hamers line So 86 E 25 chains to Hamers second corner there So 15 chains to three pines & two black jacks pointers then East 10 chains to a stake one hickory & two pines pointers then So. 15 chains to a stake, two black jacks & one Spanish pointer then So 30 E. 2 chains and 50 links to a stake and two black jacks pointers then E. 19 chains to a large pine then So 24 chains to a hickory then East to the Miry Branch then down said Branch to a white oak in Phillips line then No. 30. W. 44 chains to a large pine one black jack and white oak pointers then No. 32 wt. 15 chains to a black jack one pine and post oak pointers then No. 87 W. 25 chains to a pine then North 5 East 20 chains to the first station with all and singular the appurtenances there unto belonging and I the Zachariah Robinson do for myself and my heairs disannul disclaim and disown any right or title to the said tract land, containing one hundred and forty acres more or less, and will warrant and defend the same unto the s’d Tabitha May against the lawful claim or claims of me and my heirs forever. But no others. In witness whereof I have hereunto set my hand and Seal the day and date above written. Zach. Robinson {seal}

Signed Sealed and delivered In the presence of Wm. Davis, Benjamin Moorman }

Anson January Term 1819: — Then the within Deed was duly proved in open court by the oath of Benjamin Moorman and ordered to be Registered. Tod Robinson Clk.

Will Book 5, page 268, Register of Deeds Office, Anson County Courthouse, Wadesboro.

[Sidenote: Island Creek is a waterway between a large island in the Pee Dee River and the shoreline on the Anson County side. It is located south of present-day Interstate I-74 and between the towns of Morven in Anson County and East Rockingham in Richmond County. — LYH]

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June 4, 2013

Concerning Hannah, a likely young handsome female with good qualities.

The bond of Doctor Nesbitt and his letter to Mr Jonah Clark, (concerning a certain mulatto woman called Hannah, who formerly belonged to said Clark) having lately been put into my hands, and understanding that Dr Nesbitt still threatens to make another attempt to carry her off in a clandestine manner, I have thought proper to lay them before the public through the medium of the Wilmington Gazette.

John McFarlane

Wilmington, April 16, 1805

—–

Know all men by these presents that I, Robert Nesbitt, of the State of South Carolina, Physician, am held and firmly bound to Jonah Clark, of North Carolina, planter, in the sum of four hundred pounds, current money of the state of North Carolina, for the payment of which sum to the said Jonah Clark, his heirs, executors, administrators or assigns, I, the said Robert Nesbitt, do hereby bind myself, my heirs, executors, and administrators firmly by these presents sealed with my seal and dated this 24th day of April, 1797. The condition of the above obligation is such, that whereas I, the said Robert Nesbitt, have purchased and possessed myself of a certain Mulatto Female slave, named Hannah, late the property of the said Clark, which said mulatto slave I, the said Nesbitt have agreed with the said Clark, to manumit and set free, free, whensoever he, the said Clark, or any person for him or his representatives, or any person for them shall pay, or cause to be paid to the said Nesbitt, the sum of three hundred and forty Spanish milled dollars, or in case of my death, to my representatives; now, therefore, if I, the said Robert Nesbitt, or my representatives, shall at any time after the date of these presents on application of said Clark or his representatives, and the payment by him or them as aforesaid, or the sum of three hundred and forty dollars aforesaid, manumit, emancipate and set free agreeably to law, the said mulatto slave Hannah, so that she shall not be thereafter subject to the control, or command, or debt, or demand of any person whatever as a slave. Then the above obligation to be void, otherwise to to remain and abide in full force and virtue.

In witness whereof, the said Robert have hereunto set his hand and seal, the day and year aforesaid.

Robert Nesbitt (Seal)

Signed, sealed, and delivered in presence of G Hooper

—–

Mr Jonah Clark,

It surprised me not a little at the return of my boy, without Hannah, after you had promised me so faithfully that she should be sent whenever called for, now after being with you near one twelve month, immediately upon sending for Hannah, down comes Sye with a letter from you mentioning Hannah’s unwillingness to come, likewise that Sye would deliver me three hundred and forty dollars at the same time, putting me in mind of justice and honor in the nature of the contract between yourself and me. Gods know if any justice or honor were thought of either by yourself or me when that penal bond was given you by me, as you well know I was obliged to do so, to get my property delivered to me by you — but again Sye never delivered this money as your letter to me specifies, no it is sent down to an Allston with a letter to them to see this business done and should I refuse to emancipate your daughter Hannah, to commence an action against me immediately for the recovery of the Penalty — but you were too fast, you thought you had things to your wishes, not knowing it was necessary that the wench must be down on the occasion as the law requires.

I would notwithstanding have sent Hannah up for her cloths not Sye and being apprehensive of the consequence would not venture as you have deceived me more than once, you will deliver the clothes to my servant or cause them to be delivered at the request of Hannah and myself.

You may conceive a great deal of honor in my penal bond, but there is really none except what the laws of my country will make me comply with, which is either to emancipate Hannah or pay the penalty of eight hundred dollars which when paid will be no more than four hundred and sixty out of my pocket, and believe me, should you push, and I expect nothing else and indeed it is my wish, will and shall exert myself to pay you in your own coin, that is, will endeavour to procure your antique mouldy papers wherever they may be procured either below or above the value, for am not a little irritated at your conduct after my handsome behaviour to you and yours. But on the contrary if you will leave it in my breast to emancipate, which I promise you I shall on these conditions — that she continue with me my life, I will return you the money that I have received from you by Mr Allston whatever intent it might have been given for. I wish you to consider the business maturely as it concerns Hannah’s welfare much, like consider if you have any bonds still out unpaid, if you have, be assured I will endeavour to purchase them, likewise consider what an enormous price negroes sell at in So. Carolina, a likely young handsome female with good qualities and disposition will bring a price extraordinary. I have been offered for Hannah 1290 by one 1730 dollars by another but Sir, that and twice as much more will not tempt me to part with her, unless am provoked and find it not safe to keep her (that is to say people of bad stamp should put notions in her head to abscond from me, which I am certain she will never do otherwise.

However to come to a conclusion whatever has been said above is really from a candid mind, that never meant to injure you nor yours, but rather were it in my power would assist if occasion wanted and I request you to write me as candidly by my servant, whatever you think on the subject and what you wish to be at, whether you will accede to my proposals or what you first intended, am prepared for either, Hannah says she is satisfied with my offer.

I remain Sir, expecting to hear from you by my servant, your most obedient

Robert Nesbitt

Waccamaw, 15 Nov 1801

Mr Jonah Clark, North Carolina

N.B. I have been just now inform in bringing the horse across the river to the main, he has got staked and he being the only horse I can spare, the other being rode down, Sye will deliver this to you, unless I change my mind.

Send the clothes belonging to Hannah over to Mr Howes so that when my boy should come he may not be detained unnecessarily.

R.N.

Wilmington Gazette, 23 April 1805.

[Sidenote: This is not, strictly speaking, a document about a free person of color, as I don’t know whether Hannah was ever emancipated. It is, however, a fascinating — and appalling — glimpse behind a curtain.

In a nutshell, Clark sold (or, in effect, mortgaged) his own daughter Hannah to Nesbitt for $340, and Nesbitt agreed to free her upon reimbursement of payment. The girl, however, apparently remained with Clark for a year. When Nesbitt sent for her, Clark’s slave Sye delivered a message that Hannah was unwilling to come, and Clark was ready to pay the $340. The girl eventually went to Nesbitt’s, but Clark did not pay Nesbitt directly. Instead, he sent the money to an intermediary with a threat to sue Nesbitt if he did not free the girl. Nesbitt was outraged and threatened to sell Hannah in South Carolina if Clark did not let him keep her his lifetime (with money refunded.) John McFarlane submitted Nesbitt’s letters in a Wilmington newspaper to expose Nesbitt’s threats to the public. – LYH]

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May 11, 2013

She wanted to advance in life her nephews.

State of North Carolina, Robeson County } Court of Equity, Fall Term A.D. 1867

To the Honorable the Judge of said Court The Bill of Complaint of Lucy Sheridan of Robeson County Plaintiff against Noah Oxendine Sally Oxendine Mary Oxendine John Oxendine and Lucy Ann Oxendine Minor heirs of James Oxendine dec’d of the Same county defendants

Humbly complaining Showeth unto your Honor Your Oratrix the Said Lucy Sheridan that about Sixteen years ago having sold a tract of land to which she had title She became possessed of about Two Hundred dollars in money at one time and to advance in life her nephews James Oxendine and Bryant Oxendine and aid them in the purchase of a tract of land upon which they could have a permanent home of their own and with this view she joined with them in the purchase of Two Hundred acres of Land from Arch’d S. McKay in Robeson County adjoining the lands Alex McIntyre Angus McGill arch’d Buie and others at the price of Three Hundred Dollars Your Oratrix further Showeth unto you Honor that she furnished One Hundred and ninety five dollars of the purchase money and James Oxendine and Bryant Oxendine furnished the balance to wit One Hundred and five dollars Your Oratrix further Showeth unto your Honor that the Said James Oxendine negotiated for the purchase of said Tract of land the money for that purpose was placed in his hands and he paid the same over to the vendor and took the title to the whole of the Two Hundred Acres in his own name and received a deed for the same from Arch’d S. McKay and that after the purchase it was distinctly agreed between your oratrix and James Oxendine and Bryant Oxendine that your oratrix should have half to wit One Hundred acres of said tract and James & Bryant Oxendine should have hold and possess the remaining One Hundred acres between them and in accordance with that agreement James Oxendine gave to your oratrix his note of hand or bond for forty five dollars being the excess over and above her share of the purchase money paid by her and the said James & Bryant Oxendine went into possession of the said remaining hundred acres of the two hundred acre tract and that for some time the title to the whole remained and rested in James under the deed to him from Arch’d S. McKay but that about three years thereafter it was agreed that he should convey to your oratrix by deed her Share of the land so as to vest the legal title in her and accordingly a deed was drawn and prepared by John C. Sinclair and duly signed and executed by the said James Oxendine conveying to your Oratrix one Hundred acres in fee simple being the upper end of a tract to two Hundred acres survey convey by deed from Arch’d S. McKay to James Oxendine lying on the south side of Mossey Neck adjoining the lands of Gilbert Locklear Arch’d Buie and Angus McGill & others the Said deed was executed at the House of James & Bryant Oxendine and the draftsman the said John C. Sinclair Subscribed the Said deed as witness and besides it was executed in the presence of Bryant Oxendine and Ann Oxendine who afterwards intermarried with David Strickland that the consideration was One Hundred and fifty dollars the amount of money advanced by your Oratrix in addition to the forty five dollars for which James Oxendine gave his note to your oratrix further showeth unto you Honor that the said deed from James Oxendine to her has never been registered and in Some way unaccounted to your Oratrix the Said deed has been lost or destroyed most probably in some way in removing her personal chattels from Bladen County after the death of her husband to her home on said One Hundred Acres of Land conveyed to her by James Oxendine upon which she now lives at all events she did not miss said deed until She had arrived and moved all her personal goods to Robeson County upon the discovery of the loss of said she informed James Oxendine of the fact who promised to execute to your Oratrix another deed similar to the one lost by your Oratrix and she fully believes he fully intended to do so having asked Alexander McIntyre and perhaps others to avow the deed for him expressing a purpose of reconveying said land to your Oratrix And your Oratrix verily believes he would have done so had he not come to a sudden death soon thereafter But your Orator showeth unto your Honor that said James Oxendine died about one and one half years ago without having executed to your Oratrix a deed as a substitute for the one lost as aforesaid leaving him surviving the defendants his children and only heirs at Law on whom his real estate descended upon his death he having died intestate To the end therefore that these defendants may be required by a decree of this Honorable Court to convey to your Oratrix a title in fee simple to the land conveyed by James Oxendine which deed of conveyance is lost described as the upper end of a tract of Two Hundred Acres conveyed by deed from Arch’d S. McKey to James Oxendine lying on the South side of Mossey Neck adjoining the lands of Gilbert Locklear Arch’d Buie Angues McGill and others And that your Orator may have such other and further relief in the premises as the nature and circumstances of this case may require and to you Honor shall same meet May it please your Honor to grant unto your Oratrix the State’s Writ of Subpoena to be directed to the Said Noah Oxendine Sally Oxendine Mary Oxendine John Oxendine and Lucy Ann Oxendine commanding each of them to appear before your Honor in this Honorable Court as the next term thereof then and there to answer the premises &c. And your Orator Shall ever pray /s/ Giles Leitch Solicitor for Plaintiff

Personally appeared before me Lucy Sheridan who swears that the matters and things contained in the foregoing bill as of her own knowledge are true and that on the information of others he believes to be true Sworn to & subscribed before me 20^th Sept 1867 Lucy X Sheridan

Lucy Sheridan vs Noah Oxendine Sally Oxendine Mary Oxendine John Oxendine Lucy Ann Oxendine – Original Bill to Fall Term A.D. 1867 Filed in my office 20^th Sep’r 1867.

———-

Lucy Sheridan v. Noah Oxendine et al } In Equity – Lucy Sheridan present —

Bryant Oxendine is sworn for complaint.

State all you know about the purchase of a Two hundred acre tract of land in Robeson County purchased & [illegible] Alex McIntyre and others to James Oxendine, and what interest and agency Lucy Sheridan had in the purchase?

Ans: All I know is that Lucy Sheridan paid one hundred and ninety five Dollars toward the purchase of the land the title to the whole land was made to James Oxendine, and James Oxendine made Lucy Sheridan a deed for one hundred acres of the said land. I saw the deed executed and delivered, this was about sixteen years ago. James Oxendine made the deed to Lucy Sheridan.

Cross Examined by Deft’s Counsel –

Interog – Did you see the money paid? Ans. I did not.

Interog – How do you know the money was paid by Lucy Sheridan

Ans. James Oxendine told me Lucy Sheridan had paid him & he the witness helped to work out the balance of the money that went to pay for the land. And furthermore this deponent saith not. Bryant X Oxendine

Sworn to & Subscribed before me the 25^th March 1868

In the 1850 census of Upper Division, Robeson County: Kizia Oxendine, 35, with Margaret, 22, James, 18, Bryant, 12, Anny, 11, Lias, 6, and Silas Oxendine, 35. In the 1860 census of North Division, Robeson County: Jams Oxendine, 27, farmer, wife V., 20, and children N., 1, and S., 1 month. In the 1860 census of Bladen County: Thos. Shearidan, 72, farmer, and wife Lucy, 55.

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May 3, 2013

Freedman’s Bank depositor, no. 4.

No. 7110. Record for Jno. Artis. Date July 14, 1873. Where born: Wilmington. Where brought up: ditto. Residence: Corner Brunswic & 7^th Sts. Age: 21. Complexion: dark. Occupation: carpenter for self. Wife: none. Children: None. Father: Elvin, dead. Mother: Lizzie. Brothers and sisters: Hildred, Eldred, Champ, Sylvester, Jane, Lizzie. /s/ John Artis.

Freedman’s Bank Records, National Archives and Records Administration.

“Elvin Artis, a free man of color, was the carpentry contractor for the [Bellamy Mansion] project [in Wilmington].” See http://teachingamericanhistorync.org/pages/BellamyMansionVirtualTour/BellamyMansion.html

In the 1850 census of Wilmington, New Hanover County: Elvin Artis, 37, “carpt,” wife Eliza, 22, and children E.A., 8, Champion, 6, Silvester, 4, twins Hildred and Eldred, 9 months, and John Henry, 17.

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April 29, 2013

Two tracts on Mumford Street.

Washington Winn to Lewis W. Levy.

This Indenture made this 15^th day of November in the year of our Lord One Thousand eight hundred and Fifty three between Washington Winn of the County of Wayne in the State of North Carolina of the one part and Lewis W. Levy of the County of Cumberland and State abovesaid of the other part. Witnesseth, that the said Washington Wynn for and in consideration of the sum of twelve hundred Dollars to him in hand paid by the said Lewis W. Levy 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 Lewis W. Levy his heirs & assigns all that tract or parcel of land, situate lying and being in the Town of Fayetteville in the South Side of Mumford Street and Beginning at the North East corner in the margin of Said Street and runs as the said Street about South 70 East to within three feet of Sampsons North West corner in said Street. Thence parallel with said line of Sampsons Lot to within three feet of Sampsons back on South West corner. Thence to a stake within about eight feet of the said Phillis Dennis South East corner of her back lot. Thence to her corner, thence with her line to the beginning corner on the margin of Mumford Street. It being a lot of land Sold by Thomas J. Curtis to Phillis Dennis 13^th Novr 1840 & registered in Book V, No. 2, page 475. Also one other tract of land Beginning at the intersection of Mumford and Robinson Streets on the South side of Mumford Street and runs thence South [illegible] East one chain and (50) fifty two links. Then South [illegible] West two chains & Sixty links to the corner of Lot No. 5. Thence North Seven and half degrees West one chain eighty four links to Robinson Street. Thence at Robinsons Street two chains to the Beginning. Being Lot No. 1 conveyed by Isaac Newberry to Phillis Dennis & Registered in Book K [illegible] 2, page 199. To Have and to Hold the said Land with its appurtenances to the proper use, behoof and benefit of the said Lewis W. Levy his heirs and assigns forever. And the said Washington Wynn for himself and his Heirs, Executors and Administrators doth covenant, promise and agree to and with the said Lewis W. Levy his heirs and assigns, that he the said Lewis W. Levy his 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 testimony Whereof, the said Washington Wynn hath hereunto Set his hand affixed his seal, the day and year first above written. Washington Winn

Sealed and Delivered in Presence of James Banks

State of North Carolina, Cumberland County } April 18^th 1854

Then was this Deed proved before me John McLaurin

Grantee Book 51, p. 542, Register of Deeds Office, Cumberland County Courthouse, Fayettevllle.

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April 28, 2013

Freedman’s Bank depositor, no. 3.

No. 3521. Record for James Crawford. Date April 21, 1873. Where born: New Bern. Where brought up: ditto. Residence: East Front Street. Age 29, September 15. Complexion: dark brown. Occupation: porter for J. and J.A. Patterson. Wife: Mary Noble, married August 1, 1872. Children: None. Father: Virgil Crawford, dead. Mother: Gatsey Dove. One half-brother: Virgil A. /s/ James Crawford.

Freedman’s Bank Records, National Archives and Records Administration.

In the 1850 census of Upper Richlands, Onslow County: Virgil Crawford, 39, mechanic, in the household of Stephen Wallis, farmer. In the 1860 census of Onslow County: Gatsey Dove, 35, domestic, in the household of Edward K. Ervin, farmer. [Sidenote: in 1860, Gatsey Dove appears as Gatsey Henderson in her mother Nancy Henderson‘s household in Upper Richlands, Onslow County. — LYH]

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Category: Transactions