Lenoir County, NC - BARWICK vs WOOD, 1856

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4890 BARWICK vs WOOD

A. J. Barwick vs James Wood  June 1856 
Wayne County Court 1847

Andrew J. Barwick complains of Joshua Barwick, James Wood and John M. Browne  
plea of trespass  Barwick was of Wayne County  he owned slaves viz Linda 
worth $124, Nicy worth $200, Betsy worth $400, and Allen worth $400  in 1846 
he lost the slaves out of his possession and they came into the possession of 
the deft who knew the slaves belonged to Barwick but he tried to defraud and 
would not return them to Barwick  Wood disposed them to his own use to the 
damage of $500  deft said not guilty

Lenoir County Superior Court 1856  Spring Term  regarding two slaves Betty 
and Allen  the plff offered the Will of Benjamin Sutton and the deft objected 
but it was admitted  plff proved the slaves were in possession of Sarah Sutton 
in 1832 and remained there until her death in 1846. The slaves were allocated 
to Winifred, wife of Joshua Barwick; plff offered a Bill of Sale for sd slaves 
from Joshua Barwick and his wife Winifred dated 30 Nov 1837; plff said before 
death of Sarah Sutton in the Spring of 1846 the sd slaves Betty and Allen went 
into his possession as the legatee of Sarah Sutton and after her death in the 
summer of 1846 he still had them.  In the latter part of Oct 1846 the slaves 
were taken out of the possession of plff by the deft and at night the slaves 
were taken to the Wilmington & Raleigh Railroad and put on cars to go south 
and since that time the slaves have not been heard from.

The deft offered into evidence a Bill of sale to him from Joshua Barwick and 
wife for sd slaves dated 4 Nov 1846; he stated at the time of the sale Joshua 
was in debt and it was a fraudulent sale

The jury had to decide if the Bill of sale was a fraud to deceive creditors. 

Another copy of the Will of Benjamin Sutton was included as was a copy of the 
petition of the four daughters of Benjamin for division.

Lenoir Court of Pleas & Quarter Sessions  July Term 1846

The Petition of Nancy Sutton, Winifred Barwick wife of Joshua Barwick, Mary 
Rouce wife of Richard Rouse, Elizabeth Ellice wife of Alfred Elice  whereas 
Sarah Sutton decd widow of Benjamin Sutton dec  she died intestate leaving 
your petitioners her heirs  said Sarah died seized of several negroe slaves 
all of which through the death of Sarah we have descended  petition to divide 
equally

Jesse Lassister, Joshua Moseley and Nathan G. Blount were to divide

Betsy Ellis wife of Alfred Ellis received Lot #1
Ben   valued at $400
Charity  valued at $400
Henry valued at $300
Total of $1100

Mary Rouse wife of Rich Rouse Lot #2
Ava & Sele ??? valued at $300
Grant   valued at $400
Sylvia valued at $225
Total of $1125

Winifred Barwick wife of Joshua Barwick Lot No 3
Simon & wife  valued at $250    
Allen valued at $400
Betty valued at $400
Total $1050

Nancy Sutton Lot #4
Ava  valued at $400
Grace valued at $200
Sarah valued at $350
Arthur valued at $175
Total $1125

$1100 was the distribution and Rich Rouse and Nancy Sutton will each pay 
Winifred Barwick $5.00     

To Court Oct Term 1846

Enrolled Oct 10, 1846
  W. C. Loftin, Clk


BILL OF SALE

30 November 1837 - Joshua Barwick and Wineford Barwick to Jackson Barwick  Bill 
of Sale for Negroes viz Simon, Nat, Nuzon, Grace, Arah, Ben, Betsy, Avay, 
Charity, Allen, Lear, - State of NC, Duplin County - $300 sell all the eight to 
Jackson Barwick with title, interest, claim, priviledge and advantages  lot of 
Negroes more fully appear by having referenced the will of Benjamin Sutton dec 
of Lenoir Co

Both signed by mark

WIT  E. Cobb

To Court Jany Term 1838  Jam Dickson Clk


BILL OF SALE
Joshua Rouse & wife Winifred to James Wood

Lenoir County  4 Nov 1846  Joshua Barwick and wife Winifred Barwick sell to 
James Wood two certain negroes that was allotted to me in the division of the 
negroes of Sally Sutton dec by the Committee  upon which I have a certificate 
to certify from the Clerk of the County Court  one negro girl Betsy about 14 
or 15 years of age and one boy named Allen ten or twelve years  sum of $600 
paid by James Wood

Both signed by mark

WIT
Thomas (x) Sutton, Senr
Dempsey Wood
James Uzzell

Executed 28 March 1849  Will. H. Battle  JSCL & E
Enrolled Lenoir Co 30 March 1849

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