Marlboro County, South Carolina
COURT RECORDS
 
 
 

Extracts from original records at NC Archives

© Myrtle BRIDGES, 1997 Extracts from the NC Archives on Marlborough Citizens
Generously contributed by Myrtle Bridges, author of a new book on Richmond County, NC
"Our Native Heath Richmond County 1779-1899"
For those who are interested in learning more about the book,
visit her website.
Thank you, Myrtle!


Cade GODBOLD of Marlborough Co. gives deposition in Civil Action Case - Richmond County, N.C.

1846 March 9. In pursuance to a Commission to us directed by William B. Cole, Clerk of the Superior Court for the County of Richmond, State of North Carolina, We, M. C. McNair and John W. Stubbs, two Justices assigned to keep the peace in and for the District of Marlborough and State of South Carolina, did cause Cade Godbold to appear before us at Marlborough Court in the District of Marlborough and State of South Carolina on the second Monday in March 1846, being the ninth day of the month. Who after being first duly sworn proceeded to state his knowledge of and concerning such matters and things as he knows of in a certain matter of controversy depending in the Superior Court of Richmond County, North Carolina between Mark Hailey and Reubin Hailey plaintiffs and John McLean defendant states as follows: That John McLean was Stage Contractor between Fayetteville, North Carolina and Columbia, South Carolina about the 30th of August 1843. That the said Cade Godbold was then acting as his agent through said line, and that he signed John McLean’s name as his agent to a note for one hundred and sixty five dollars in favor of Mr. R. Hailey which note he was duly authorized as agent to sign. Then on or about the 3rd of August 1843 he signed John McLean as his agent a note in favor of F. A. Thomas for forty nine dollars and fifty two cents and that he was duly authorized as agent to sign the name of John McLean to said notes and that the consideration of both notes were given for the benefit of John McLean. Further this Deponent saith not. [signed] C. Godbold. Sworn to and subscribed before us this 9th March 1846. M. C. McNair and John W. Stubbs.

Civil Action Papers 1773-1859 CR.082.325.20


Robert RYE of Marlborough Co. gives deposition in Civil Action Case

1786 Sept. 26. South Carolina. Marlborough County. The deposition of Robert Rye who personally appeared before me, Claudius Pegues, one of the Justices for the County aforesaid, and being duly sworn declares that some time in the year 1781 he, in company with William Jordon and others, came to the house of Joseph Hall and that the said Jordon borrowed a horse from the said Hall which he believes to be the property of the said Hall and that the said Jordon promised to return the said horse the next day if he was not defeated by the Tories, and that the said Jordon did bring back the said horse and that the said Jordon acquainted the said Hall that he must take the said horse and keep him some time longer for the use of the service and that he, this deponent, rode the said horse in company with the said Jordon down to Captain Speed’s and that the said horse with a number of others was delivered to the said Captain Speed and this deponent further sayeth that either Captain Speed or William Jordon ordered him to take and keep the horse for the use of the service until further orders; that sometime after he the deponent was ordered out on a march to Betty’s Bridge and to ride the horse which he accordingly did, and believes that this said horse was lost in the action. [signed] Robert Rye

Civil Action Papers - 1785-1786 - CR.082.325.2


Elizabeth QUICK of Marlborough Co. gives deposition in Civil Action Case

1786 October 4. State of South Carolina. Marlborough County. The Examination of Elizabeth Quick taken on oath before me, deposeth on her said oath, that on or about the Month of Feb’y in the year 1784 her husband, Solomon Quick, sent her to Barnabas Skipper’s for Abraham Odom’s horse and that she went accordingly, and told the said Barnabas that she was come for Abraham Odom’s horse that he had. The said Barnabas then asked her where said Odom was, she answered him that he was at her husband’s house the last night. He the said Barnabas then said to her tell Mr. Odom to come for his horse himself ...of recovering to bargain and make him satisfaction for his trouble, or put another horse in his room as he was to do according to bargain and so did not deliver her the said horse, and further this deponent sayeth not. [signed] Geo...

Civil Action Papers - 1785-1786 - CR.082.325.2


Marriage in Marlborough County of James and Rachel FINLEY

1803 October 27. North Carolina, Richmond County. By virtue of a Commission to me directed from the Worshipful Court of Richmond County I have taken the testi-mony of John Wilson, Esq. one of the witnesses therein named to be sworn and exam-ined in a cause now depending in said Court between Rachael Finley, plaintiff and Elijah Morris, defendant on the part and behalf of the plaintiff who deposeth and saith that James Finley and Rachael Finley lived together in this neighborhood for several years or more as man and wife and that he ever considered them as such. Also person-ally appeared before me Eliz. Smith another of the wits. named to be examined on oath as aforesaid, who deposeth and saith that she saw the said James Finley and Rachael Finley joined in lawful marriage by the Reverend James Smith. Marlborough, S. C. 27 October1803. Sworn before me T. Godfrey, J.P.

Civil Action Papers CR.082.325.6


Deposition of Duncan McCOLL, Jr. in Civil Action Case - Richmond Co.

1806 March 8. South Carolina. Marlborough District. To the Honorable the Justices of the County Court of Richmond, Greetings: Know ye, that in pursuance of a Writ of Commission to us directed to take the Deposition of Duncan McColl, Jun. concerning what he knows in and about a certain piece of land lying in Richmond County on the waters of Little Mountain Creek for which there is now a controversy depending between Edwin Ingram as plaintiff and James Roper as defendant. We have this day caused to come before us the said Duncan McColl, Jun. who being duly sworn, was interrogated and answered as follows.

Question: First by us. Are you interested in this suit?

Answer: No.

Question by Ingram: Was you in company with your father and Morgan Brown when Brown showed him the beginning corner tree of this above named tract of land which the said Brown sold to your father?

Answer: I was with my father when M. Brown shewed him the place where he the said Brown said the corner tree of said land had formerly stood.

Question by Ingram: What kind of tree was the said corner tree?

Answer: I think he said it was a white or post oak and that Morgan Brown marked another small oak, near the place where he said the cormer corner tree stood.

Question: On what part of the land was the place of the aforesaid tree?

Answer: Near the said creek, in the bend of the same just below the mouth of a branch that makes into the said creek below the plantation where my father then lived.

Question: Do you mean the land bought from Brown or from Hynes?

Answer: The land bought from Brown.

Question: Did you not go on the line with Brown up the branch by a certain popular, then up some distance above the popular and then turn to Terrie’s line? Answer: Yes.

Question: Did Mr. Brown ever shew you any other corner for a beginning of the said land as you ever knew or heard?

Answer: I know of no other beginning corner for the aforesaid old tract.

Question By Roper: Was not this corner tree above mentioned one Morgan Brown’s old survey of 600 acres?

Answer: It appeared so when it was run out afterwards. Question: Was it not a doubt with your father whether this was the right corner?

Answer: I don’t know that it was.

Sworn to before us this 8th day of March 1806 William Bristow and David Stewart.

Civil Action Papers CR.082.325.6


Deposition of Peter GRAHAM in Civil Action Case - Richmond Co.

1806 April 17th. State of South Carolina. Marlborough District. By virtue of a Commission to us directed by the Justices of the Inferior Court of Pleas and Quarter Sessions of Richmond County to take the Deposition of Duncan McColl Sr. respecting a cause depending in said Court wherein Edwin Ingram is plaintiff and James Roper is defendant. We, David Stewart and John McKay, two of the Justices assigned to keep the peace in and for the District of Marlborough, caused to come before us Duncan McColl, Sr. who being duly sworn deposeth and sayeth that he purchased a tract of land from Absolom Hynes on the waters of Mountain Creek. That he the deponent got Benjamin Covington to survey said land and that they began at a white oak sapling about a gunshot above a poplar tree near a branch and went down the branch until we went about fifty yards from the creek near the mouth of said branch. Said Edwin Ingram chopping the trees with us, but afterwards he threatened to take some of the land from me which caused me to send for Morgan Brown to come and shew the corner of the above mentioned line. Said Brown came and went with the deponent and his son, Duncan, and came near the mouth of the branch above mentioned and stood and said that the corner was within ten steps of where he stood on a white oak saplin but said some person cut it down and was not to be seen and that he would swear to it. Question: By Mr. Roper. Did Brown ever shew you that corner but once, that is where he said it ought to stand? Answer: Not but one. Question: How long since you cleared what is called the upper field? Answer: About seventeen or eighteen years. Question: Was not the corner that Brown shewed you near the mouth of the branch, where he said it was cut down, a corner of the land you bought of Absolom Hynes? Answer: Yes it was. And further the deponant sayeth not. Duncan McColl. Sworn to in presence of us David Stewart J.P. and John McKay J.P.

Civil Action Papers CR.082.325.6


Deposition of Roderick McRAE in Civil Action Case - Richmond Co.

1848 March 4. Roderick McRae vs. John H. McRae. Examination of Roderick McRae. I was present at the marriage of John H. McRae, then of Montgomery County, North Carolina, to Nancy, daughter of Roderick McRae of Marlborough District in South Carolina. They were married in the usual manner and custom of this country. Mr. Roderick McRae, upon the marriage of his daughter Nancy, sent with her a Negro girl named Clarissa, then about seven or eight years of age. Clairissa has a daughter named Rose, born in the possession of said John H. McRae and who is now the subject of a law suit in Richmond County, North Carolina. That the said girl remained in possession of Mrs. Nancy McRae until after her death and then in the possession of her husband, John H. McRae. I never heard from Roderick McRae or family that the said girl was the property of John H. McRae or his wife. He lived within a half mile of Roderick and lived there before and after the marriage of Mrs. McRae and her husband John H. McRae. [signed] R. A. McRae in presence of M. C. McNair and William Hamer, Magistrates. [According to] General John McQueen, a practicing Attorney of this State, where a father puts a slave in possession of his married daughter the law presumes it a gift. This presumption may be explained away by the acts or declarations of the party at the time of the gift. In other words, in the language of Judge Harker as laid down in the case of Steedman vs. McNeill decided in the Appeals Court of South Carolina and reported in 1833 which is amongst the last reported cases on the subject. ...

Civil Action Papers CR.082.325.20


Deposition of Duncan McCOLL, Sr. in Civil Action Case - Richmond Co.

1857 October 31. State of South Carolina, Marlborough District. Pursuant to the annexed Commission to me directed, I have caused the witnesses, Peter Graham and Sarah Ann his wife, to appear before me at the house of William Hamer in the District of Marlborough in the State of South Carolina on the 31st day of October 1857 who being duly sworn on the Holy Evangelist of Almighty God to tell the truth, the whole truth and nothing but the truth as to what they or either of them may know in and about a certain matter of controversy now pending in the Superior Court of Law in and for the County of Richmond in the State of North Carolina wherein Calvin Graham is plaintiff and George H. Graham, Administrator of George Graham, de-ceased is defendant. Said witnesses deposeth and saith as follows viz:

Peter Graham the first wit. named in said Commission deposeth and saith as follows:

Interrogatory 1st: Are you acquainted with the parties to this suit?

Answer: I am.

Interrogatory: State if you ever heard your father say anything relative to his having given a Negro slave to his son, the plaintiff, and what it was your father did say on that subject.

Answer: I heard my father say he gave Calvin Graham, the defendant, a Negro slave named Sandy.

Interrogatory: Are you acquainted with the handwriting of George Graham, dec’d, and his mark? Is said mark to the Bill of Sale attached to Judge S. J. Person’s Certificate of Registration with the mark of George Graham purporting to be George Graham’s mark. Is said mark the mark of George Graham?

Answer: It resembles the mark of George Graham and I believe it to be the mark of George Graham, deceased.

Interrogatory: Did you or did you not overhear George Graham in his lifetime say whether he ever gave Calvin Graham a Bill of Sale for Negro slave Sandy?

Answer: He told me at one time he was going to give Calvin Graham a Bill of Sale and after that he informed me he had given him a Bill of Sale for slave Sandy.

Interrogatory: Did you ever hear Catharine McRae in her lifetime say that George Graham, deceased, made a Bill of Sale to Calvin Graham for said boy and that she witnessed the same? Answer: I did.

Interrogatory: Are George Graham and Catharine McRae both dead? Did the plaintiff marry a granddaughter of Catharine McRae?

Answer: They are both dead. And Calvin Graham married the granddaughter of Catharine McRae.

Interrogatory: Do you or do you not know whether George Graham dec’d made Calvin, the plaintiff, shoe and clothe the said slave Sandy?

Answer: I do know the same, that Calvin furnished the boy shoes and clothes.

Interrogatory: Whose handwriting is the body of the Bill of Sale in and are you acquainted with the handwriting of Mary Graham, deceased?

Answer: I believe it to be the handwriting of Mary Graham, dec’d.

[signed] Peter Graham. Sworn to and subscribed before me 31st. October 1857 [signed] William Hamer, Magistrate.

Estate Records C.R.082.508.23

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