Lenoir County, NC - HEATH vs COBB, 1826
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NC SUPREME COURT CASE #1558 HEATH vs COBB Lenoir County 1826.
Found at the NC Archives. Submitted by Martha Mewborn Marble.
Complaint of John Heath in August 1825 John Cobb of Lenoir County falsely
alleged that John Heath had been guilty of stealing cotton from Cobb Heath
was arrested and put in jail Heath was old, informed and poor and because
Cobb was of such great weath and influence Heath could not get security and
had to stay in prison from 10 August 1825 until the Oct Term Cobb wanted
Heath to admit to a judgement of $150 but he would not enforce the judgement
if Heath suffered corporal punishment by reason of his prosecution Heath
agreed to this proposal Heath stated he never owed Cobb anything before
or since.
The Grand Jury did not return a true bill against Heath therefore the
accusation was fraud. The agent for Cobb was N. G. Blount and Blount took out
an execution but he was not to enforce it for 12 months. The 12 months has
expired and Heath says Cobb is taking out another execution on him contrary
to equity Heath wants Cobb stopped.John Heath signed the complaint by mark
Answer of John Cobb in August 1825, Cobb was confined to bed by a severe and
dangerous illness a bale of cotton was stolen at night from his storehouse,
then the storehouse was set on fire and consumed with 2 other bales of cotton
in it. Cobb's friends investigated and were certain Heath was guilty and the
cotton was trailed to his house then taken to New Bern and sold. One of the
Negro thieves was taken up and punished and Heath was arrested Cobb also
thinks Heath was guilty of arson Cobb also wanted damages for personal
injury but was told it was dangerous. Cobb wanted $250 from Heath and he
would stop the prosecution but they came to an agreed amount of $150 through
Blount Coleman and Nathan G. Blount. Cobb denies ever saying he would not
stop the judgement although he did admit the Grand Jury did not return a bill
but he does not know the reason other than they wanted definite proof.
Sept 1826 Lenoir County To Joseph Loftin, Sheriff you are not to sell
a parcel of land owned by John Heath of 150 acres now under execution in favor
of John Cobb and advertised for Dec at public sale signed Abner Pearce, CME
Sept 1826 To John Cobb you forebear from satisfying an execution against
John Heath in your favour of $150 out of the lands of John Heath now under
execution to be sold
15 Nov 1826 State of NC Lenoir Co John (x) Heath and Henry Heath bound to
John Cobb for 250 pounds
March 1831 John Cobb brought a Bill of Complaint against Heath
DEPOSITIONS
1. 5 Jan 1820 Mr. Blount came to the prison where I was and proposed to Mr.
Heath to make up for a certain sum Blount came a 2nd time and told Heath he
hated to see him take a whipping for $20.00 Stephens admitted to being drunk
about that time but sober that day
2. Frederick Jones, Esq I was at work near Mr. Blounts Mr. Daniel Daughety
came up and said Heath wanted to compromise Henry Heath was the surety for
John Heath
3. David George testified that Henry Heath had inadequate resources to be surety
4. Blount Coleman the Negro who helped John Heath was named Dick evidence
against Heath was a sign of sawdust and cotton in the bushes on the path, a
cart going to Heath's house and that Heath had sold a bale of cotton in New Bern
right after the incident
John Heath said he bought the bale of cotton and Isham Jackson backed him up.
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This file was contributed for use in the USGenWeb Archives by
Martha Mewborn Marble <mmarble@erols.com>
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