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Home: Regional: U.S. States: North Carolina: McDowell County

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Spencer vs. McClatchy, 1790s
Posted by: Beau Bowen (ID *****6627) Date: June 22, 2002 at 13:05:33
  of 490

I found the following entries related to a lawsuit between Joseph Spencer and a number of other people, including John McClatchy. John McClatchey II was apparently living on his father Hamilton McClatchey Sr's land in the North Cove on the Catawba River, Burke Co, NC (now McDowell). Exactly what was under dispute is not clear, but John interpleaded and was found to be the owner of the corn. Does anyone know anything more about this case? I believe it was John II and not John I involved as John I died in the summer of 1799, and this case ran over into 1800, with John still showing up.

"July 1799... On motion of Waightsill AVERY, Esquire, atto in behalf of John McCLATCHEY to set aside the judgement of the court & that the same be set a time for trial in the suit of Joseph SPENCER, Esqr, against said McCLATCHEY as interpleader and reasons filed.

"November 1799... No. 4. William TATE assr vs. Joseph SPENCER: Case. Please in abatement. On solemn argument an advisare taken by the court until next court on Friday.

April Session 1800... No. 26. Joseph SPENCER vs. Thomas LAIN: John McCLATCHY interpleaded. Please on abatement. On solomn argument plea in abatement overuled.

No. (not given) Joseph SPENCER vs. Thomas LAIN. Jury impannelled to try the property of one hundred forty six bushells of corn and half the oats attached in the suit and claimed by John McCLATCHY interpleadee. The jury being the same as in No. 17 do find the property of one hundred and forty six bushells of corn and half hte oats attached to be in John McCLATCHY. John McCLETCHY [sic] assume to pay Bennet SMITH on his atto, Isaac COXE and Joshua CURTIS whereupon this case cost."

"No. (not given) William S. SPENCER to use of William TATE vs. Joseph SPENCER: To be ruled by the decision of No. 4.

"77: Joseph SPENCER vs. Thomas LAIN: No. 9 Oato: John McCLATCHY interpleads & claims sundries attached. Dismissed for want of notice by the court. Reasons for a new tryal below. On solemn argument new tryal granted.

G. Frankley FLEMING and Betsey FLEMING came into open court and choose John RUTHERFORD theri guardean [sic] who entered into bodn with separate 1000.0.0 each bond. Jno CONNELY & Charles McDOWELL scty.

Carlton FLEMING orphan of Ab FLEMING, decd, came into open court and made choice of Samuel FLEMING as his gardean [sic] who give bodn in the sum of sixteen hundred pounds with Charles McDOWELL & John McCLATCHY, sty 1600.

Ordered by the court that Franky FLEMING, widow of Abraham FLEMING, decd, be appointed guardian to David FLEMING, Thomas FLEMING, Rebecca FLEMING, and John FLEMING, minor orphan of Ab FLEMING, decd, under the age of fourteen years who give bond separate for each guardean [sic] ship in teh sum of sixteen hundred pounds with William McKINNY and Charles McDOWELL, steies approved."

--source: Daniel D. Swink, compiler, The Minutes of the Court of Pleas and Quarter Sessions, Burke County, North Carolina, January 1799 - October 1803, self-published, Route 2, Box 173-A, Lawndale, NC, 1988.

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