Andersons of Colonial N. Carolina

Son of Henry Anderson of Henrico County, VA.

5 March 1729 John Anderson of County & Parish of Henrico, Merchant, for £240, to Dudley Diggs of same, Esq., 317 acres called “Longfield” on north side of James River; being part of a grant of 634 acres to Robert Craddock of Charles City, Co.No WitnessesSigned:  John AndersonRecorded 1st Mon. May 1729 page 232, Colonial Wills of Henrico County, VA; Part One 1677 – 1737, Benjamin B. Weisiger, III

Colonial Bertie County, North Carolina

VOL II  Deed Books B & C, 1725-1730 & 1739,  Mary Best Bell

B, 353 JOHN ANDERSON of Henrico Co., Va. TO THOMAS BRYANT

January 6, 1727/28. Power of atty. to collect debts, wages etc.”…to act as I myself might act…” wit: Robert Warrin, jurat, Richard Pace. * Court 1727. Edw. Mashborne D. C/C.

Bertie County, NC

County Court Minutes (Court of Pleas & Quarter Sessions)

1724-1739 Book I, Weynette Parks Haun

Bertie SS:  At a Court held for sd. Precinct at the Court house on Timber Branch

on ye Second Tuesday in Ffebry.  being the 8th afsd Month 1731.   Present:

Maj. MILLIKIN   Mr. LATTIMORE   Mr. HARROLD

…44…

A Deed of Sale from John BLACKMAN to John ANDERSON was in Open Court Ackd. in due form of Law wch. is Ordd. to be Recorded. Capt. BRYANT Dr. 40/

1 Sept 1732 John Anderson of Henrico Co. appoints Mr. John Nash and miles Carey, Gent. his attorneys.  1 Sept 1732Wit:  Walter Child, Ralph (I) JacksonSigned:  John AndersonRecorded 4 Sept 1732  page 362, Colonial Wills of Henrico County, VA; Part One 1677 – 1737;  Benjamin B. Weisiger, III

John Anderson

08/03/1733 will

12/  /1733 proven

Henrico County Book 1725-1737                page 422

To brother Edward Anderson, my plantation, 400 acres, commonly called “Wintopock, joining my father’s plantation, megroes, and livestock.

To brother Henry Anderson, negroes

To sister Martha Anderson,

Sister Frances Anderson,

Sister Ward,

Sister Judith Cocke, each, negroes.

All the rest to brother Edward, and he is to be executor.

Wit: Elizabeth Crawford, William Cheser, Thomas Bryan.

Bertie Deed D-206

page 206, 207, 208

Anderson &

Bryant

to Bodie

This Indenture made this 17th day of June one thousand Seven Hundred an Thirty four by and between Executor of John Anderson and Thos, Bryant Attorney of the said John Anderson of the one Part and William Bodie of the Other part- Wittneseth that for and in Consideration of Thirty two Pounds Currant Money of Virginia in hand paid unto the sd. Edward Anderson and Thos. Bryant Exect & attorney of the said John Anderson the Receipt hereof we his heirs Extr and Admst Doth Acknowledge ourselves, Lawfully & fully satisfyed now for the Consideration Above said and for Consideration that the Above Named Thos. Bryant Attorney of the sd. John Anderson Ded. Enter unto Bonds to and with the said William Bodie for the said premises hereafter Mentioned we the said parties doth give grant bargain, sell Allien Release En___? and Confirm and by the presents doth Absolutely give grant bargain Sell Allien Enfeeos? and Confirm unto the said William Bodie his heirs and Assigns forEver one Certain Deoident of Land and plantation on the Northerly side of Bridgers Creek on the Northerly side of Morattock River in North Carolina in bertie precinct Containing by Estimation four hundred and Forty Acres be it more be it Less bounded thus- Beginnibg at the Mouth of a branch at a markt Gum and so running with Jno. Popes Line to the head Line so Along the head Line to Wm. Bryants Line so Down the said bryants Line to the swamp called Bridgers Creek and so Down the said Creek to the first station The markt Gum which said Land Did belong to John Blackman and was made Over by Deed to John Anderson with all and Singular the Rights Heredetam? & apputece? and Atendants whatsoEver there unto belonging unto the sd. Land any manner of way Appertaining to Any part thereof To Have and to Hold the sd. premises being four Hundred & forty Acres of Land with all his Orchards Gardens and Pastures and all and Singular  the other premises unto the said Wm. Bodie his heirs & Assigns for Ever in a full and Ample Manner to Intent and Purposes as the Jno. Anderson had from the said Jno. Blackman might Could or would have had or Enjoy’d from him or from the Right Lord prop**tors? or any other Person WhatsoEver Now for the Consd. Above sd. we the said Each  of us our heirs Extr. Admts. Joyntley and Severally that is wee the sd. Edwd. Anderson Execr. and Thos. Bryant Attorney of the sd. Jno. Anderson- Do bind ourselves Each of us unto the sd. Willm. Bodie his heirs and Assigns for Ever in the sum of Sixty four Pounds good and Lawfull money Currant of Virginia to Warrant & Defend unto the sd. Wm. Bodie his heirs and Assigns for Ever the said Land and Every part and percell thereof with all Improvements thereunto belonging from the Claim or Claims of the heir or heirs of the sd. Jno. Anderson or Either of us his heirs Exer. Admts. or any other Person or Persons whatsoever that shall or Can Lay any Claim to the sd. Land or any part or percell thereof and further for the Consideration Above sd. we the sd. Parties Edwd. Anderson Extr etc. in the Penall sum above mentioned unto the said Wm. Bodie his heirs etc. that after he hath Afixed? if it be Lawfully Required to make any further Title as the Law Directs in Such Case that we our heirs and shall at all times after Lawfull Notice given be Ready to make over unto the sd. Wm. Bodie his heirs & any other Lawfull Deed as shall Required for the better confirming his Title unto the said Land and Apperten[ences] thereunto belonging in Wittness to the true intent and meaning hereof we the sd. parties have Enterchangeably sett our hands and seals the day and Date Written

Signed Sealed and Delivd in the presence of us

Edwd. Anderson   a seale

Thos. Bryant         a seale

Witt In Testmtt.  Wm. Cain, Work Enterlined / bryant Other title  Cain

Bertie precinct so—–     August Court 1735

The Within Deed of Sale was Duely Proved in Open Court in due form of Law on Moteon as Ordered to be Registered Provd by the Oaths of Jno. Danson & Wm. Cain, Subscribers  _____?  W Wynn Cller Ctt

(Transcribed from microfilm, Marc Anderson, 2010)

===========================================

Below are my earlier notes leading to the above conclusion.

A Virginia John vs a NC John

If I can’t figure out who they are then I’ll try to figure out who they ain’t…

***1726-1734

(This seems to be a John from Henrico and another John from Bertie…the real estate is around the area of Occoneechee Neck and Bridger’s Creek, NC)

Pat. 3:33).

9 Mar 1717 Chowan Co., NC Daniel MACK DANIEL rec’d 600 A. adj. Yourah Swamp, John BLACKMAN, and William BRASWELL

(Blackman and MackDaniel had adjoining property…….John Anderson from Henrico had property a mile or so south of Urahaw Swamp on Bridgers Creek))

son of Henry Anderson (of VA)….

1 Sept 1732 John Anderson of Henrico Co. appoints Mr. John Nash and miles Carey, Gent. his attorneys.  1 Sept 1732Wit:  Walter Child, Ralph (I) JacksonSigned:  John AndersonRecorded 4 Sept 1732  page 362, Colonial Wills of Henrico County, VA; Part One 1677 – 1737; (With Miscellaneous Documents beginning in 1654); Abstracted and compiled by Benjamin B. Weisiger, III

John Anderson

08/03/1733 will

12/  /1733 proven

Henrico County Book 1725-1737                page 422

To brother Edward Anderson, my plantation, 400 acres, commonly called “Wintopock, joining my father’s plantation, megroes, and livestock.

To brother Henry Anderson, negroes

To sister Martha Anderson,

Sister Frances Anderson,

Sister Ward,

Sister Judith Cocke, each, negroes.

All the rest to brother Edward, and he is to be executor.

Wit: Elizabeth Crawford, William Cheser, Thomas Bryan.

Colonial Bertie County, North Carolina

VOL II  Deed Books B & C, 1725-1730 & 1739,  Mary Best Bell

B, 353 JOHN ANDERSON of Henrico Co., Va. TO THOMAS BRYANT

January 6, 1727/28. Power of atty. to collect debts, wages etc.”…to act as I myself might act…” wit: Robert Warrin, jurat, Richard Pace. * Court 1727. Edw. Mashborne D. C/C.

Bertie Deed D-206 Edward Anderson and Thomas Bryant to William Bodie 17

June 1734 for 30 pds 440 ac on north side Bridgers Creek and north side

Morattock River. Wit. John Dawson, William Cain

……………………………………….

Bertie County, May 9, 1726. Deed Book B, Page 144.

John (I) and Mary Brown, Planters, sold William Strickling of Bertie County, Planter, for L 20 Current North Carolina Money, 100 acres south of Morrattock (Roanoke) River and bounded by Brown’s Spring Gut and Cypress Gut. Wit: Barnaby Mackinne andJohn Anderson.

(John Brown was brother in law to Daniel MackDaniel who married his sister Sarah)

Bertie County, NC

County Court Minutes (Court of Pleas & Quarter Sessions)

1724-1739 Book I, Weynette Parks Haun

Bertie SS:  At a Court held for sd. Precinct at the Court house on Timber Branch

on ye Second Tuesday in Ffebry.  being the 8th afsd Month 1731.   Present:

Maj. MILLIKIN   Mr. LATTIMORE   Mr. HARROLD

…44…

A Deed of Sale from John BLACKMAN to John ANDERSON was in Open Court Ackd. in due form of Law wch. is Ordd. to be Recorded. Capt. BRYANT Dr. 40/

(Blackman was originally from Henrico)

…On 26 March 1728, another suit was brought against John Blackman by

John Anderson, for a debt he owed. An agreement was made, however, and

the case dismissed. On 30 July of the same year, they were back in court,

Anderson claiming Blackman owed him 300 pounds (money). Blackman failed

to appear, and was ordered to be at the 29 October session. Blackman

appeared, but was given a continuance until the following session because of

the illness of his attorney. The case was finally heard in the Edenton Court on

25 March 1729. Anderson charged that John Blackman signed a “Bill or Writing

Obligatory” dated 14 February 1726, promising to pay him 14,500 pounds of

“Good fresh porke” or, in lieu thereof, 40 shillings per hundred pounds, for a

total of 290 pounds (money). When Blackman refused repeated requests to

pay, Anderson brought suit. Blackman appeared, and through his attorney,

said that the debt had been fully paid before the date of the note, and that this

could be verified. No decision was made, and the case was carried over to the

next session of the court, which met on 29 July 1729. Anderson discontinued

the suit, and was required to pay cost “for his false Clamour.”

Compiled and written by Donald E. Collins  Dept.

of History at East Carolina University

…………………………

Will of John Blackman 19 November 1736

John (X) Blackman

his mark

Signed, sealed in the presence of us by the said

John Blackman as his last will and testament of

us the subscribers.

William Taylor Jnr.

Arthur (his Mackdonnell (?) Mackdaniel

mark)

Phebe P Jernigan

(mark)

Bertie Precinct of North Carolina

…………………

89-45   At a Court held for said Prect. at the Courthouse on Timber Branch the 15th day of

Augt. An. Dom. 1733. Prest.  Mr. HILL, Mr. KEARNEY, Mr. WEST.

…The last Will & Testament of Danll. MCDANIEL was proved by the Oaths of John

BRYANT & John ANDERSON Evidence thereto and at the same time Zerah (Sarah) MCDANIEL whole & Sole Exx. thereto took the Oath of an Execx.

(Aug 3, 1733 John of Henrico makes out his will)

…………………..

115-58   At a Court held for Bertie Precinct at the Ct.house on Timber Branch on

Tuesday the 14th day of May Anno Dom. 1734  Present Coll. Benj. HILL, Mr. John

HOLBROOK, Mr. Thos. KEARNEY, Gent.

…116…

John NAIRNE to James BLUNT provd. Jurat Jno. ANDERSON

(This is 6 months after the death of the Henrico John)

136…Bertie: Ss:   At a Court held for sd. Prect. at the Courthouse on Timber Branch

on Tuesday the 12th of Novr. 1734.  Present The Worshipll.  Capt. Thos. BRYANT

Capt. Peter WEST  Mr. Wm. LATTIMER  Mr. Jno. EDWARDS  Capt. Jno. Boude, Justices &c.

139-70   At a Court held for sd Prect. on Tuesday ye 11th? Day of Febry 1734. Present Capt. Thos. BRYANT  Capt. Needm. BRYANT  Mr. Jno. EDWARDS, Gent. Justs.

…151-76…

Edward ANDERSON? & Thos. BRYANT to W. BODIE proved Jurat Jno. DAWSON & Wm. CANE. 40 pd.

Bertie Deed E-179 Benjamin Foreman of Edg precinct to Marmaduke Norfleet of Perq. precinct 7 Aug 1737 7 pds 100 ac on north side Moratuck adj George Williams, part of pat of 500 ac formerly granted 1 Mch 1721. Wit. John Anderson, John Hine, Joseph Wall.

Bertie Deed E-383 Benjamin Foreman to Thomas Andrews 3 Feb 1738 40 pds 720 ac part of 2 pats, one dated. 1 Apr 1718, the other dated 1 Mch 1721, land at low grounds of the river adj Richard Melton, George Williams, Part of pat for 500 ac excepting 10 0 ac sold to Marmaduke Norfleet. Wit. John Anderson, Samuel Caner Senr & Junr.

Oct. 16, 1739 John Bryant to Carolus Anderson, for 5 pds., 100 A part of tract sold by William Bennet to Thomas Boon, Jun. and by Boon transferred to John Bryant, deed dated Nov. 9, 1724., Part of a patent for 600 AC granted William Bennett, dated 1723-land on S/S Meherrin River adj. John Nelson, William Boon. Wit: John Briant, John Deberry, Sarah Revett. May crt, 1740

NORTHAMPTON CO, NC Deeds (Margaret M. Hofmann)
May 3, 1745, Carolus Anderson to William Andrews for 6 pds cur. money, 150 a N/H Co Wit: Robert Warren, John Anderson

May 27, 1745 William Baker of Nans. Co., Va. to Carolus Anderson of N/H Co, NC 10 pds. of Va. currency, 460 A S/S Meh. Riv., N/S Little Swamp, Adj. Thomas Liles, part of patent to John Nelson for 500 A Apr 1, 1723 Wit: Arthur Whitehead, John Anderson

(I would get all excited at this point, as an ANDERSON researcher, and doggedly pursue this John as related to Carolus Anderson.  However, a James Judkins of Mt Pleasant, OH writes of his families history in 1820 and recounts that Carolus had no male heirs…his son dying at an early age.  This letter is reported to be in the book “In America Since 1607…” by Walter I. Farmer (I haven’t seen it).  But not to be deterred in my wanton theorizing…I figure this John Anderson may be the son of James Anderson, Carolus’ brother.)

The following is info I have collected on Daniel McDaniel… this is the time for intermission if you are inclined to pop a cork:

Surry VA  1702/3

A List of tythables belonging to Lawnes Pish Taken p Tho: Holt In ye Year 1702

…

Mj Hen: Tooker for Mr. Geo: Gollond,  Lodwick Crafford,  Danll. Mackdanll.,  Amos, Tim, Jack, Mary & doll Neg.     (sic)     7

p Wm. Browne Junr

A List of tythables in ye lower precinct of Southwark pish taken the 9th of June 1703 per me the Subscribed

…

Mr. Joseph Iron (?), Daniell Mackdaniell 2

…………………………………………………………………………

(The following snip is from the website of Bob Baird…”Bob’s Genealogy Filing Cabinet” )

0 Feb 1711/2    Special Bail:  In the suit of Richard Rogers vs. Daniel MackDaniel, the plaintiff demanded special bail whereupon Richard Blow became the defendant’s bail, and judgment granted plaintiff for 50 shillings.  [Surry County Orders 1691-1713, p389]

”Special bail” was a relatively uncommon occurrence.  It meant that, if the defendant failed to pay, the special bail would pay on his behalf – or, in the extreme case, would serve his time in debtor’s prison.  Richard Blow’s relationship with Daniel McDaniel must have been a reasonably close one to undertake this action.

20 Mar 1711/2    Suits dismissed:  Benjamin Chapman vs. George Blow,  William Benson vs. George Blow, Richard Blow vs. Mary Ann Baker, the plaintiffs in each case not appearing.  [Surry County Orders 1691-1713, p360]

24 Feb 1712/3    Will of Richard Smith (Sr.), proved three months later on 20 May 1713.  Whole estate to wife Mary Smith.  Leaves a cow to Elizabeth Boun [Boone] and to Richard Sessums [son of Elizabeth Boone]; plantation I now live on to son Richard Smith, at my wife’s death; land where Thomas Smith now lives to sons Thomas and Nicholas Smith.  Wife Mary named executrix.  Witness:  Will: Davidson, Robert Booth.  [Surry County Deed Book 6, p144]

Elizabeth Smith, the daughter, was in North Carolina by this time.  She had first married around 1695-6 to Thomas Sessums, by whom she had the son Richard Sessums, and who died in Chowan Precinct, NC by April 1711.  She then married James Boone.  Whether she was his daughter by Margaret Blow or by Mary Twyford is undeterminable, though probably the latter.  From their first appearance as tithables, the three sons are apparently his children by Mary, the widow of John Twyford:   Richard (1681/2), Thomas (1683/4), and Nicholas (1686/7).

18 Feb 1712/3    Richard Blow appointed overseer of the highways from the bridge over the Seacock Swamp near George Blow’s to the extent of this county over the Lightwood Swamp.  Action dismissed:  George Blow vs. Richard Bennitt.   [Surry County Orders 1691-1713, p414]

(Note the location of Seacock Swamp…also he seems to have the opportunity to meet James Boon)

Chowan Co., NC Deed Book F #1

pg. 177, Thomas BROWN of Chowan Prect. with the consent of Christian, my wife, to Daniel MCDANIEL, 19 July 1715, for the tender love I bear my son-in-law, 100 acres, joining Old Tree swamp. Wit: Jacob LEWIS (his mark), Val BRASSWELL (his mark). Reg. 10 Sept. 171

(Thomas Browne was the son of William Browne of the Round Hill/ Seacock Swamp area in Isle of Wight / Nansemond,  William Browne and the Braswells had began speculating in land in NC by 1706…..Daniel MackDaniel probably relocated to NC shortly after 1712 or so.)

BROWN, WILLIAM.
Chowan Precinct.
December 15, 1718. July 21, 1719. Sons: JOHN (“ye manner plantation”), THOMAS (150 acres of land), JACOB (150 acres of land). Daughters: ANN, MARTHA, MARY, SARAH (each 150 acres of land). Executors: THOMAS MONDERS (Mandue). Witnesses: THOMAS MONDERS, THOMAS SMITH, MARTHA BROWN. Clerk of the Court: R. HICKS. Wife of testator mentioned, but not named.

(28 July 1724 – Will of RICHARD BRASWELL of Isle of Wight, VA names daughters
MARTHA MURFEY and ANN STRICKLAND.  …Martha Braswell Murphy was the widow of William Browne.)

Pat. 3:33).

9 Mar 1717 Chowan Co., NC Daniel MACK DANIEL rec’d 600 A. adj. Yourah Swamp, John BLACKMAN, and William BRASWELL

Deed Book B #1

pg. 453, John MOLTON of Chowan Prect., planter, to Daniel MCDANIEL of the same place, planter, 17 July 1717, for a valuable consideration, 200 acres, joining John CROPLEY, Thomas VINCENT and each side of Beaver Dams, being the land whereon the sd. MCDANIEL now lives. Wit: Rt. HICKS, William BRASSWELL. Reg. 19 Aug. 1717

18 Jul 1722 (#1469) John NAIRN of Chowan Precinct and wife Mary deeded to Daniel McDANIEL of Albemarle 200 acres on the South Side of the Roanoke River adjacent to  Wm DREW, “my own line”, Old Field near river bank and river. Witnessed by: John BRYAN, John CORTNEY, James ALLEN

Colonial Bertie Co., NC Deed Books 1720-1757

abstracted by Mary Best Bell

Deed Book A

pg. 379. Daniel MACKDANIEL & wife Sarah to Lawrance HOBBY, Nov. 10, 1724. 14 pds. for 600 a. adj. William BRASSWELL on Yorworhah Swamp. Patent date March 9, 1717. Wit: James BRYANT, Thomas WILSON, W. MAUL. Feb. Court 1724.

Bertie County, North Carolina, Deed Books A-H, 1720-1757, by Mary Best Bell, page 57:

Deed Book C, page 57, 13 Aug. 1728. Daniel MacDaniel (McDaniel) to Anthony Lewis of Isle of Wight Co., VA, £24 for 410 acres on Beaverdam Swamp at Spring Branch, adjoining John Crosbey (Crosby), Thoms ___inson. Tract granted by patent on 9 March 1717. Witnesses: LEONARD LANGSTON, John Nairrur. August Court 1728. Edw. Mashborne, D.C/C.

MacDaniel, Daniel. Bertie Precinct  (Grimes)

April 16, 1733. May 2, 1734. Sons: Nicholas, Daniel, James (negroes to each). Daughters: Ann and Sarah McDAN(EL. Wife and Executrix: Sarah. Witnesses: John Anderson, Alex. Wight, John Bryan. Original missing. Recorded in Book 1722-1735, page 295.

(Identifying this John Anderson is the reason for my interest in Daniel MackDaniel)

…………………………..

???

http://www.genfiles.com/jordan/Jordanchron1640-1720.htm

7 Nov 1710 At a court held at Southwark… A commission of administration is granted Martha Jordan on the estate of Robert Jordan deceased… Daniel MackDaniel & David Andrews presenting themselves securitys for Martha Jordan’s due administn. of the estate… Joshua Proctor, William Rose, and Willm. Rogers appointed to appraise the estate of Robert Jordan decd… [Surry Orders 1691-1713, p351]

???

Minutes of the General Court of North Carolina

North Carolina. General Court

July 28, 1720

Volume 02, Pages 402 – 407

Danll McDaniel & Robert Attkins being bound by Recognizance to appear at this Court being called they failed to appear. Upon motion of the Attorney Genll Ordered that process do issue against the same

Danll McDaniel & Robert Atkins being bound by Recognizance to appear at this Court and thereof failed, Ordered that a Scire fax do issue agst the same Recognizance.

Att a Genll Court of Oyer & Terminer Continued & held for the sd

Province at the Genll Court House at Queen Ann’s Creek in Chowan

Precinct the 27th July 1721

Danll McDaniel & Robt Attkins being calld to answer to their Recog,

but they having absconded & withdrawn themselves &

Effects out of this Governmt Ordd that the same be Dismist

North Carolina—ss.

At a council held at Edenton the 4th day of April Anno Domi 1722

Present The Honble Thomas Pollock Esqr President &c

William Reed Esqr Lds proprs Deputy

Richd Sanderson Esqr Lds proprs Deputy

Christophr Gale Esqr Lds proprs Deputy

John Lovick Esqr Lds proprs Deputy

Read the Petition of Coll Maurice Moor and Mr John Porter attorney to John Walker Admr of the Estate of Ebenezr Taylor Clerk Deced in the words Vizt that the sd Ebenezar Taylor being possessed of a very valuable Estate Consisting in Goods and Money of this Government to

——————– page 451 ——————–

the value of divers hundreds of pounds And in the Course of his Mission Travelling by water from Bath Towne to Coor sound he fell Sick & Dyed and not without Suspicion of some foule practices of one Daniel Mack Daniel & others who Transported him upon whose Death the said Daniel Mack Daniel being in possession of the Goods and Money belonging to the sd Ebenr Taylor confederating with one Robert Atkins (as is supposed) Embezzled or stole most of the money at least Two hundred and Ninty pounds whereupon process being Issued against the sd Mack Daniel and Atkins who were attached to answer Felony who thereupon deposited in the hand of the late Chief Justice the aforsd sum of Two hundred and Ninty pounds that was stolen from the sd Ebenr Taylors Estate and the sd money stil remaining in the hand of the late Chief Justice as forfiet praying that the Equity the sd John Walker hath unto the said money may be considered of And that such an order may be granted them as that the sd late Chief Justice may deliver the sd money to him that so he may be Enabled to pay the Debts of the Dec̄ed &c

Ordered That Coll Frederick Jones late Chief Justice have notice hereof and that he attend this Board at Mr Badhams house at Edenton to morrow by Ten a Clock in the forenoon either in person or by his attorney to Shew Cause why the sd money should not be delivered as prayed for

Read the Petition of Jobn Walker shewing That whereas by an act of Assembly It is Enacted that if any person Seized of Lands in fee simple happen to Dye without heirs or makeing any Disposition thereof by will &c whereby the said Lands Escheat they shall be granted after the manner set forth in the sd Act under Colour of which act one Robert Hicks of Chowan purchased a patent for one hundred acres of Land lying near Kendricks Creek in Chowan aforsd Suggesting that one John Burnet dyed thereof seized in ffee and accordingly on the 12th of June last obtained an Inquisition to be found and returned Viz (That the said John Bernet dyed without heirs or disposing of the sd Lands) in order that the said Robert Hicks might obtain a grant thereof by an Escheat Patent according to the said act and setting forth that the Petitioner was then in actual possession of the sd Land by virtue of a patent Lawfully obtained and that the ffee & sole Right thereof was at the time of the sd inquisition & before in the sd Petn praying that a patent may not be granted to the sd Hicks upon the inquisition aforsd and that the Escheat may be declared Viod & Null and he likewise further showeth That if the Land doth Lawfully Escheat the Petr at the time of the inquisition being in possession thereof he (according to the sd act) paying the Composition

——————– page 452 ——————–

aught to have the same &c which having been duly considered of, this Board is of Opinion That by the Death of John Burnet who dying without heirs or making any disposition of the sd Lands mentioned in the Petition the sd Lands did instandly revert to the Lords proprs and they having granted a patent to the petr before the Office of Escheat was found that the said Escheat is Null and Void and of non Effect

At a Councill held at Edenton April the fifth 1722

It’s the Opinion of this Board that the money lodged in the said Collo ffredk  Jones hands late Cheif Justice for the appearance of Robert Atkins and Daniel Mackdaniel at the Genl  Court ought to have been deliverd to the present Cheif Justice with the Genl  Court Papers & Records

Orderd that the said Collo ffredrick Jones late Cheif Justice doe immediately pay to Christopher Gale Cheif Justice or his Order whatever moneys he has in his hands lodged as aforesaid for the security of the appearance of the said Robert Atkins and Daniel Mackdaniel at the genl Court and for so doing this shall be his Warrant and in case of failure hereof the Attorney Genl is hereby Orderd to take proper measures for the recovery thereof

A Copy

J. LOVICK Secry

To which Order Collo ffred Jones Answerd that he would not deliver the money therein mentiond but to whom he should think fitt and as for the Kings Attorney he might take what measures he pleases for he shall take noe Notice thereof

Test THOMAS HARVEY Provost Marshll &c.

Upon motion of Daniel Richardson Esqr Attorney Genl made in obedience to the foregoing Order of Councill

Orderd that a Scire ffacias do issue out thereby requiring the aforementiond ffredrick Jones Esqr to be and appear att the next Genll Court to

——————– page 473 ——————–

be held for this Governmt at the Court House in Edenton on Queen Annes Creek the last Tuesday in July next then & there to render an Accot upon Oath what money he rec̄d from Robert Atkins and Daniel Mackdaniel aforesaid as security for their appearance &c to answer &c as by Recognizance Dated the sixteenth day of June 1720 doth appear and likewise to shew cause (if any he has) why the money so rec̄d by him as Cheif Justice is by him detained and refused to be deliverd in disobedience to the aforementiond Order of Councill &c.

and then

Adjourned to the next Court in Course

Att a Genl Court of Oyer & Terminer and Gaol Delivery held at Edenton the twenty sixth day of March Anno Dni one thousand seven hundred and twenty three and Continued by severall adjournments till the Second day of Aprill following

And now here at this day vizl &c. came the Extors of Collo ffredrick Jones deced. late Cheif Justice who by Edward Moseley their attorney appear, and deliverd to the Honoble  Christopher Gale Chief Justice two hundred and ninety pounds being the money lodgd in the hands of the said Jones by Robert Atkins and Daniel Mackdaniel for the Security of the Recognizance by them forfeited.

(So where was this NC John Anderson living when he wasn’t witnessing something?)