Greene County NcArchives Court.....Holliday, Carr V. 1847 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Martha M. Marble http://www.genrecords.net/emailregistry/vols/00022.html#0005285 September 19, 2010, 3:26 pm Source: N C Archives Written: 1847 #4310 CARR vs HOLLIDAY Greene Co., Dec. 1847 In Equity NC Supreme Court Case found at the NC Archives, Raleigh, NC NOTE: Also consult Case #2440 which appears to be very close in nature. Robert S. Carr was Robert Stephenson Carr, son of Titus and Winifred Stephenson Carr. His wife was Sarah (Sallie) Hart daughter of Robert and Hannah Holliday Hart. 10 April 1824 Robert Carr, son of Robert S. Carr dec who had a considerable estate of land and negroes amounting to ten or twelve thousand dollars sd Robert Jr obtained his age of 21 on ____ last year and since he turned 21 he has been taken advantage of by false representatives he is incapable of managing his affairs Sarah Car, his mother, wants a jury to determine his state of mind she stated that John Holliday has defrauded sd Robert to buy a tract of land called Haw Landing she wants the land restored to sd Robert On the jury were Willis Dixon, Theoph. Edwards, Adman Heath, Josiah Sugg Senr, Joshua Moseley, Henry Miller, Ishum Jackson, James Harper, David F. B. Darden, Samuel Vines, Samuel Moore, Theophilus E. Eason On 8 April 1829 the jury found sd Robert was of unsound mind and not capable of running his affairs sd Sarah Carr was to be appointed as his guardian Wyatt Moye and Blaney Brand were her Securities DEPOSITIONS John Hollidays answer he did not know Robert was of unsound mind but does think when he is sober he is capable and he was sober when he conveyed the property he bought Haw Landing which interest amounted to 1/3 of the sd Robert in Feb 1829 for $666.66 which was $100 less for the interest the property values had not fallen he made $200 in repairs he had no offer made to purchased the undivided 1/3 interest also for the sum of the $666.66 he took a Negro boy age 9 there were notes involved from sd Robert one note now is in the hands of Moses Westbrook a constable since then Robert sold his interest to Tilman Holliday for $600 (this is not clear) sd Robert also sold a sulky and harness for $85 part in cash and part by note Holliday also sold Robert a silver watch and ring Robert broke the watch and it was taken to New Bern to be fixed and cost $10 which Holliday paid for Sarah Carr demanded the watch but she had no money for the repairs sd Holliday loaned sd Robert $25 without a note Robert was also indebted to Holliday for goods in the amount of $19.97 sd Robert told sd Holliday he was indebted to George P. Lovick for $60 Holliday stated he never got Robert drunk Answer of George P. Lovick when questioned by Holliday stated he had never received a judgment against himself for $50 to $60 and any debts were settled with Robert S. Carr Holliday was owned he remembered the Negro boy purchased of Robert S. Carr and said he was worth $150 in Feb 1829 he stated he was acquainted with Haw Landing and thought it was worth $2,000 in Feb 1829 he remembers the patent leather silver watch Holliday sold to Carr worth $50 to $60 22 March 1834 Justices M. F. Randolph and Bennet W. Murphey to take deposition of Sarah Carr Adm of Robert Carr dec plf and others Allen Carr knew Robert in 1829 and sd Robert was of sound mind when sober John Turnage lived about 1/4 a mile from Robert in 1829 sound mind when sober Samuel R. Pridggen knew sd Robert somewhat sound mind when sober George Butts lived 1/4 mile from Robert sound mind when sober John Readute lived a mile from Robert - Charles Harper sound mind when sober Richard Davise never saw Holliday offer Robert spirits West Ellis - 22 Aug 1831 plff and her agent Samuel H. Hart and John Holliday def took depositions William Herndon in Feb 1829 Holliday and Carr were at my house Carr purchased from Holliday 1/3 of Haw Landing giving Holliday a note for $666.66 for 1/3 of Haw Landing Carr also purchased a sulky and harness for $85 and a silver watch with a gold seal for $65 Carr sold to Holliday a Negro boy Harry for $150 he did not think Robert was drunk and thought Holliday acted fairly with Carr stated that sd Holliday told Carr the 1/3 part of Haws Landing cost him $2,300 and he was not willing to take less than 1/3 of $2000 for it (sic) he remembered Holliday telling Carr he would give him a deed the next day and Carr demanded the deed right then there was about 140 acres at Haws Landing Geo. P. Lovick was not solvent in 1829 or the previous 12 months he was paying $50 rent a year for the dwelling house at Haws Landing Rhoda Holliday she was at Lovicks house and Mrs. Sarah Carr came by and sd Rhoda thought she was going to pay the notes owed by sd Robert to John Holliday she did not think that Robert was of sound mind at times Samuel Pope sd his father was to receive $2,300 for Haws Landing from Holliday in 1826 his father (not named) had bought it for $2,000 from Sylvester Brown who pd $2,010 for the Landing he does not know if Carr was of sound mind when he bought the Landing Duke Williams the sulky was worth $60 when he sold it to Holliday Carr had sound mind when sober Williams stated he was a carriage maker by trade Jesse Grimsley sound mind when sober Henry Williams sound mine when sober which was not often Blaney Brand sound when sober but probably not real capable even when sober the boy Henry was worth about $80 in 1829 Tillman William Hart was the agent of Sarah Carr Tillman Holliday Carr often visited Robert Carrs house and he was often not sober Ruffin Grainger Carr applied to him for board for himself and the boye and horse Grainger thought Carr was deranged and he thought he overpaid for everything Charles H. Harper sd Carr overpaid usually Samuel Heidleburg knew the entire family William B. Hart knew Robert S. Carr when he was accused of killing a Negro slave (notes indicate sd Robert S. was tried but the outcome was not noted) Joseph Harrel stated Robert S. had a sound mind (sic) Calvin Moye and Samuel Webber also stated Robert S. had a sound mind NOTE: It is not clear if they were referring to the father or the son William Williams, John Eason, William Silivent, and Theophilus Grimsley Robert was of sound mind when sober Gatsey Silivent Carr had a weak mind drunk or sober Robert Dixon stated Robert had good sense Uzzell Lassiter mind sound when sober lived about half a mile from Carr Henry Knox lived with the family for several years and never heard the father say his (sic) mind was deficient Henry S. Taylor mind sound when sober lived a mile from Carr Several stated they didnt know Carr well enough to really give an opinion Charles Joyner, Micajah Hart, Henry Miller, Louisa Eason (but he went to her house), Theophilus Dail, Henry Dail Eason Joiner lived 3 miles from Carr and knew him for 12 years lived with Carrs mother in 1832 and he died in 1833 had weak mind Wade Butts, Blaney Turnage, William Allen Carr was always drunk William Ormond knew him as a boy and never saw him sober Wyatt Moye referred to Carr as dec in 1834 said he was not a proper person Robert L. Allen knew him as a boy and thought him as sound as any File at: http://files.usgwarchives.net/nc/greene/court/holliday1638wl.txt This file has been created by a form at http://www.poppet.org/ncfiles/ File size: 7.9 Kb