Lenoir County, NC - KILPATRICK vs ASKEW, 1831

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2185 BENDER TO USE OF KILPATRICK vs ASKEW - 1831

1831 Lenoir County 4th Monday in March 1831  William Bender to the use of W. B. 
Kilpatrick vs John Askew

Justices of the Peace were Moses Westbrook, Jonathan Rouse and James A. Edmondson
William Bender's attorney was George L. Attmore

Askew was accused of trespass by William B. Kilpatrick to damages of $120

NOTE: There is little indication of what this case was really about; however, it 
was in the Docket Books which George Stephenson said usually indicated an estate 
record. It is known that William B. Kilpatrick married Sallie Baker daughter of 
Frederick and Louisa Gatlin Baker and the Baker's other daughter, Elizabeth, 
married Thomas Campbell. There was a younger Frederick Baker who may have been a 
son. Frederick Baker died before 1808 when Louisa received her dower land. She 
then remarried William Moseley. It is possible this case was related to 
Frederick Baker's estate. There were indications of at least other previous 
case that was involved but I could not find it.

The jury was composed of Thomas G.??  Carman, Will. Sutton, Tho. Harvey, 
Guilford W. Houston, Isaac Chesnut, David Griffin, Joshua Nicker ??, John Rouse, 
Thomas Jones, John Walters, John Howard ??, Spencer Davenport  they found in 
favor of the plf to the damage of $80 - the def appealed

The case was a action of the plf to sell certain property under execution 
levied on the property of William Bender consisting of horses, hogs, cattle, 
sheep, household and kitchen furniture  the Sheriff's return levied on 2 
horses, 10 head of hogs, 1 cart, some corn, bacon, 1 cow, 1 bed and furniture, 
household and kitchen furniture, farming utensils  all of these items were 
advertised for sale and then sold and the proceeds applied to the pft

This is where it mentioned another case  James Tull to the use of John Askew 
vs William Bender, Frederick Baker and William B. Kilpatrick  James Tull was 
the guardian to the heirs of James Uzzell dec on 7 Oct 1825 and Wm. Bender, 
Frederick Baker and W. B. Kilpatrick signed

An action of trespass was brought by the plf against the def for causing the 
Sheriff to sell certain property of the plf under execution  the case appears 
to be around a decision the Sheriff made to enforce a previous ejection that 
may not have been proper

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This file was contributed for use in the USGenWeb Archives by
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