Lenoir County, NC - James Parrott et al v. James Wood, 1852
#6407 JAMES M. PARROTT Exec of William C. Jones et al vs James Wood
NC Supreme Court Case found at the NC Archives, Raleigh, NC
Lenoir Co Dec 1852
Court of Equity
Complaint of William C. Jones, Blaney Harper, and Jacob Parrott of
Lenoir Co vs James Wood about 1841 Isaac Croom Sr. departed this life
intestate possessed of a large and valuable piece of land on the NS of
the Neuse River adj John Sutton, James R. Croom, John Croom containing
3000 acres more or less and the parcel descended to the following as
heirs Catherine Wayne, Nancy the wife of William Herring, Penny the
wife of William H. Haywood, Lydia the wife of William P. Moseley, Betsy
the wife of David Jones, Mary the wife of Frederick R. Jones, William
A. Croom and John L. Croom representing their deceased father Abraham
Croom who was a brother of the sd intestate and entitled to one
undivided fifth they have now sold their interest to the defendant
Caroline the wife of K. M. Moore, Darthula Croom, Henrietta Croom and
Mary Croom representing Joshua Croom also a deceased brother and also
entitled to one fifth of said lands and has by them under a decree of
the court been conveyed to and purchased by the defendant Mary Loftin a
sister of the said intestate and Olive the wife of Joshua Byrd also a
sister of the sd intestate each entitled to one fifth of the land, and
David Jones, Frederick Jones, Jesse Jones, Elizabeth Jones, your orator
William C. Jones, Martha Egbert and James Westbrook the children and
grandchildren of Elizabeth Jones who was a sister to the said intestate
and entitled to the remaining one fifth and whose interest has been
sold to the said orator said orator filed at the Court of Pleas and
Quarter Sessions a petition for the partition of said land which was
approved and 5 commissioners were appointed and Reuben Barrow was
appointed surveyor the following was the allotment
Lot # 1 - to heirs of Mary Lofton
Lot # 2 to heirs of Abraham Croom
Lot # 3 to heirs of Joshua Croom
Lot # 4 to heirs of Elizabeth Jones
Lot # 5 to Olive Byrd and her husband
The division line between Lots # 3 & 4 was a large white oak, a well
known cliff on the river and the surveyor and commissioners understood
this was the boundary and should go all the way to the river at the
time of the survey the division line was not run to the river the
defendants (Wood) purchased Lots # 2 & 3 and your orator purchased lot
# 4 Wood planted what he wanted on the land your orator had another
survey done and discovered a great mistake was made at the bluff on the
river and would take away 150 acres from Lot # 4 if the land had
stayed in the hands of the heirs, the mistake would have probably long
been corrected when the mistake was learned your orator requested
that the defendants look into the matter and make corrections which he
refused to do your orator requests that the court correct the matter
Signed by F. B. Satterwaite, attorney
NOTE: William C. Jones signed on 7 Oct 1847 that this information was
correct
END OF DOCUMENT
Bill of Complaint of Elizabeth Jones, Agnes Jones, William Jones, James
M. Harper stated that on 7 Oct 1847 William C. Jones, Blaney Harper
and Jacob Parrott exhibited their bill of complaint against James Wood
no decisions has yet been made and since the first complaint was
made, the said William C. Jones has departed this life having made his
last will and testament and he devised the contested tract to
Elizabeth, Agnes, James and William Jones they stated "that the suit
and proceedings having become abated by the death of the said William
C. Jones written in above this and Blaney Harper" and they wish
the matter to be settled
END OF DOCUMENT
Blaney Harper died the ---- day of January last with a will (no date)
Harper in his will devised his interest to James M. Harper as his
distributee
END OF DOCUMENT
Answer of James Wood said it was true the land belonged to Isaac
Croom and descended to his heirs and he purchased the Lot of Abraham
Croom's heirs at Spring Court in 1847 Leah D. Croom then an infant of
tender age, K. M. Moore, Elizabeth Moore, Henrietta Croom and Mary
Croom heirs of Joshua Croom filed with the court saying their allotment
was only 376 acres the land was sold at public auction to sd
Defendant as far as he knows the division was correct he has spent
a lot of money to improve the land and added to the value to take any
of his land away would have made him overpay for the original acres
Signed James Wood
END OF DOCUMENT
A plat not sure if the original Barrow platt the sections are long
and fairly narrow
Heirs of Mary Loftin 447 acres
Heirs of Abram Croom 375 acres
Heirs of Joshua Croom 376 acres
Elizabeth Jones 442 acres
Olivia Byrd 406 acres
END OF DOCUMENT
Summoned to testify
Louis C. Desmond, Reuben Barrow, Jon Sutton (Bucklesberry), James M.
Harper and James M. Parrott 6 Jan 1848
Isaac Chestutt also to testify
There is a small document that indicates Pirsey Jones was also a plf
with James M. Parrott
DEPOSITION OF REUBEN BARROW
He stated the line on the platt was correct but the course of the line
in the report was incorrect and the report course would not have been a
fair division stated it was at least 2 years after the line was run
after the division was made the line between Lots # 1 & 2 should also
have been a little lower thinks the Jones lot falls short 120 acres
of what the Commissioners intended the original intent was the
dividing line should go to a well known bend in the river
DEPOSITION OF JOHN SUTTON
Had been one of the Commissioners - stated that two of the
Commissioners are dec William Gray and Henry Herring the plf,
Parrott, asked if he remembered going to his house with William Gray at
the request of William Jones to discuss this matter he was told that
Jacob Parrott would be livid is this matter was not settled
DEPOSITION OF LEWIS DESMOND
He was also one of the Commissioners assume the original land on the
platt to be correct
Called to testify on 8 March 1850 James Warters, Joseph G. Herring,
W. H. Croom and James Herring NOTE: on this document it indicates that
Thos Uzzell and wife were also plf.
ANOTHER DEPOSITION OF REUBEN BARROW
Did not survey the entire tract as it was wet and difficult to survey
through the swamp the line was intended to strike the river at the
bluff I have since re-run the lines
DEPOSITION OF JESSE NOBLE
Also ran a survey line along with Reubin Barrow between Lots # 3 & 4 at
the request of James M. Parrott also ran the lines between Lots #
2,3,4 at the request of James Wood and by William C. Jones dec acres
fell short by 60 acres there was a difference of 168 acres between
the surveys I understand the 268 acres now belongs to James Woods
Another document indicates that Persis Jones later became Persis Hardee
NOTE: Persis Arendell Parrott md first William C. Jones and 2nd
Pinckney Hardee. Persis was the sister of the plf James M. Parrott and
their sister, Charlotte md James M. Harper, son of Blaney Harper
another plf. The Parrotts were children of Jacob Parrott mentioned in
the case.
James Wood appears to have purchased his portion in 1845 according to
the deposition of Dempsey Wood
Isaac Barwick was deposed stated Wood had improved the land with the
knowledge of Jacob Parrott land in dispute is worth about $12 to $13
per acre has rented some of the land in dispute signed by mark
Deposition of James P. Chestnut no further information
Deposition of John M. Aldridge stated that Wood told him he had
purchased 2 lots containing 800 acres but really had 1000 acres
END OF CASE
Additional information can be found in the John Heritage Bryan
Collection at UNC CH. Bryan appears to have been the attorney for one
of the parties. In some cases this information assists the researcher
in sorting the generations with the exception of possibility the
Westbrooks.
The John Heritage Bryan Collection, Southern Historical Collection,
Wilson Library, UNC - Chapel Hill
SERIES 3.2
1. Folder 709 - 1841 ?
Mary Loftin
Olive Byrd Joshua Byrd
David Jones
Elizabeth Jones
Fred. M. Jones
Jesse Jones
Wm. C. Jones for the heirs of Margaret Westbook - out to the side and
below Margaret's name are listed in ( ) with Westbrook written next to
the ( )
James
Martha
Egbert
NOTE: The way it is written indicates James, Martha, and Egbert were
Westbrooks
Wm C. Jones for self
Will M. Croom
John L. Croom
Mary Jones Fred Jones
E. J. Jones
Catherine Wayne
Nancy Herring Wm. Herring
Lydia Moseley Wm P. Moseley
Penelope Haywood Wm H. Haywood
Caroline Moore K. M. Moore
Mary A. Croom
Henryetta Croom
Dorthula Croom
On the back - land lying in Lenoir on NS Neuse adj James R. Croom, Jno
Sutton and others - 3000 acres or more (Isaac Croom dec)
2. Folder 710
State of North Carolina Lenoir County - July 4 1842 - To the
worshipful the Court of Pleas and Quarter Session, July Term 1842. Your
petitioners humbly showeth (?) that the estate of the late Isaac Croom
dec is not in debt that the perishable property of the said decd has
been sold & that the lands and negroes have been rented and hired for
one year. Thus the Term for which they were rented will ?? expire about
the last of Dec 1842. We the undersigned heirs at law of the aforesaid
Isaac Croom dec humbly pray your worships to grant ?? a division to be
made in the said estate that your partitioners may divide portion of
said estate for which were will every pray
Signed by
Mary Loftin
Wm H. Haywood in Right of my wife Penelope B. Haywood
Wm C. Jones
Elizabeth Jones
3. Series 3.2 Folder 710
Lenoir County - 9 June 1842 - To the Honorable the Judge & Justices of
the County Court of Lenoir County, North Carolina. The undersigned
hereby showeth that the Estate of Isaac Croom late of said County dec
is not indebted that the perishable property belonging to said estate
has been sold that the lands & negroes were rented & hired for one year
that the term for which they were rented & hired will expire next month
?? ?? - that we the undersigned are heirs at law of the aforesaid
estate that we cannot ?? why said estate should not be divided
according to law at the exparation of said time for which said lands &
negroes were rented & hired. That we therefore humbly petition you to
paas ?? an order to that effect & that we your petitoners will and pray
the court under our hands this 9th day of June 1842
Signed by
K. M. Moore in right of his wife Elizabeth C. Moore & as administrator
of the estate of Joshua Croom dec & Guardian for the other heirs of
said Croom
J. H. Byrd in right of his wife
Names of Fred. Westbrook - Marthy Westbrook, James Westbrook, Frederick
Westbrook
Names of Joshua Crooms children - Elizabeth Caroline Moore, Darthula
Croom, Henretta
Croom, Mary Croom
Isaac Croom J (?)r died leaving Pinkney Hardee adm - Mary Croom his
mother - brother Abraham, Joshua both of whom died in lifetime of Isaac
Croom - Abraham left Henry, John, Mary, Betsy, Catherine, Nancy, Lydia,
Penny - now Mary married Fred Jones; Betsy married David ? Jones,
Catherine married Barna Wayne who/dec ?? before Isaac Croom; Nancy
married Wm. Herring, Lydia married Wm Palmer Moseley, Penny married Wm
H. Haywood
Joshua died in lifetime of Isaac Croom leaving Elizabeth C who married
K. M. Moore, Darthula, Henrietta; Mary,. (It is unclear if this is a
dot or comma behind Mary) Betsy a sister (who married & died in his
lifetime) Jesse Jones Jr leaving David, Fred, Jesse, William, Peggy who
married Fred Westbook & died since Isaac Croom Jr dec. Mary who md Ila
Loftin - Loftin died before Croom & Olive who married Joshua Byrd both
being a sister.
END OF JOHN HERITAGE BRYAN NOTES
In addition, Francis Hodges, sent the following abstract that he posted
which appears on the surface to dispute the ownership chain of the 3000
acres that Isaac Croom owned.
Nature of document: Indenture
Date: 1 March 1844
Grantors: Heirs of Isaac Croom, decd., represented by Lewis C.
Desmond, attorney
Grantees: John C. Washington, Jesse Kennedy, James A. Hodges
Location: "on the waters of Falling Creek and in Bucklesberry Pocosin"
Extent: 3,000 acres
In consideration of: 10,000 dollars
Mentioned in description of bounds: Henry Herring; James R. Croom,
decd.; John Croom; Dr. Abram Croom; Isaac Croom, decd.; William Gray;
children of Isaac Wiggins; Reuben Barrow; Jesse Kennedy; Benjamin F.
Parrott, decd.; Jacob Parrott; Jonathan Rouse, decd.; William I. Sutton
Witnesses: Thomas S. Clark, William Brown
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