Trac-Oolong-thingy's

Fracking Hell: The Untold Story

2011-11-20T15:32:00.000-08:00

ABC Nightline on Arkansas Earthquakes

2011-11-20T15:17:00.000-08:00

ABC Nightline on Arkansas Earthquakes

2011-11-20T15:10:00.000-08:00

Economic Collapse -- Why It Won't Be Stopped

2011-11-18T16:41:00.000-08:00

Nassim Nicholas Taleb on G20 economic crisis (18Aug11)

2011-11-18T16:36:00.000-08:00

NYU4OWS: Corporate University Walking Tour

2011-11-18T16:20:00.000-08:00

Jon Corzine Walks Scot-Free After Bankrupting MF Global & Stealing Millions

2011-11-18T14:34:00.000-08:00

A Critical Call to Action #OccupyWallStreet

2011-11-18T14:21:00.000-08:00

RT: China Says Either WW3 or New World Order

2011-11-18T14:04:00.000-08:00

WORLD WAR 3 SET UP BY THE ELITES

2011-11-18T14:02:00.000-08:00

"Obama Launching World War III" - Alex Jones

2011-11-18T13:30:00.000-08:00

God, Money and Lies

2011-11-18T12:21:00.000-08:00

Walter Burien speaking to the Health and Freedom Conference - 2010

2011-11-18T11:41:00.000-08:00

Dr. Osmunson on Fluoride

2011-11-15T04:31:00.000-08:00

A Poisoned World - Pt21 - DIE-t Soft Drinks

2011-10-05T06:34:00.000-07:00

अल्बर्ट अल्बेर्त्सों

2011-05-01T10:45:00.000-07:00

http://boards.rootsweb.com/surnames.albertson/419/mb.ashx

Message Board Post:

MANY PEOPLE THINK THAT ALBERT ALBERTSON AND MARY GOSBEY WERE MARRIED IN NORTH CAROLINA BECAUSE THE INFORMATION ABOUT THEIR MARRIAGE DATE IS FOUND IN A NORTH CAROLINA RECORD "BIRTHS, DEATHS, AND MARRIAGES IN BERKELEY." BERKELEY LATER BECAME PERQUIMANS COUNTY NORTH CAROLINA. MY RESEARCH LEADS ME TO BELIEVE ALBERT WAS MARRIED IN SURRY COUNTY VIRGINIA AND MOVED TO NORTH CAROLINA IN 1676 AT THE EARLIEST AND BEFORE JUNE 1677 AT THE LATEST.

ALBERT ALBERTSON MARRIED MARY GOSBEY DECEMBER 20, 1668.
(FROM "HATHAWAY'S REGISTER" VOLUME 3 PAGE 200.)

ALBERT PROBABLY CAME TO NORTH CAROLINA IN 1676 WITH HIS WIFE AND FIRST 4 CHILDREN: ALBERT, SUSANNA, ESAU, AND HANNAH. THEIR YOUNGEST, HANNAH, WAS BORN IN SURRY COUNTY VIRGINIA DECEMBER 11, 1675. (PETER THEIR 5th CHILD WAS BORN JUNE 30, 1677) COURT RECORDS FOR PERQUIMANS COUNTY NORTH CAROLINA DATED FEBRUARY 7, 1693/94 (PAGE 25) LIST THE NAMES OF THE PEOPLE WHO CAME WITH HIM. THIS RECORD ALSO REFERS TO HIS MARCH 29, 1680 REQUEST FOR A LAND SURVEY.

THE EARLIEST RECORDS I HAVE FOUND FOR ALBERT ALBERTSON IN SURRY COUNTY VIRGINIA WERE ON THE TAX RECORDS FOR LAWNE'S CREEKE PARISH FOR 1668 AND 1669.

SURRY COUNTY COURT RECORDS DATED MAY 3, 1670 (PAGE 364) SHOW THAT ALBERT ALBERTSON WAS RENTING SUNKEN MARSH, A PLANTATION AND MILL, FROM THE ESTATE OF AN ORPHAN, WILLIAM HARRIS.

ALBERT ALBERTSON IS FOUND IN THE SURRY COUNTY COURT RECORDS
11 TIMES STARTING FROM 1668 THROUGH JANUARY 26, 1675/76 WHEN IT APPEARS HE WAS EVICTED FROM SUNKEN MARSH FOR BEING BEHIND ON HIS RENT.

THE LAST MENTION OF THIS FAMILY WAS MARY ALBERTSON, WIFE OF ALBERT, IN THE SURRY COUNTY COURT RECORDS DATED MARCH 28,1676 (PAGE 122).

NORTH CARLINA LAND WAS GRANTED BASED ON HOW MANY PEOPLE ONE BROUGHT TO SETTLE IN NORTH CAROLINA. ALBERT BROUGHT HIS WIFE AND 4 CHILDREN AS WELL AS HIS MOTHER-IN-LAW AND BROTHER-IN LAW. HE WAS GRANTED 400 ACRES OF LAND IN NORTH CAROLINA.

Congressional Hearing: WikiLeaks, The Espionage Act & The Constitution pt.1

2011-04-23T03:50:00.000-07:00

#

2011-04-23T02:39:00.000-07:00

We`re broke but we give billions to EU | Blog | UK Independence Party in the European Parliament

2011-04-01T08:03:00.000-07:00

We`re broke but we give billions to EU | Blog | UK Independence Party in the European Parliament

The Incompatibility of EU and British Law | News | UK Independence Party in the European Parliament

2011-04-01T07:59:00.000-07:00

The Incompatibility of EU and British Law | News | UK Independence Party in the European Parliament

Ms V - The EU Crippling & Destroying a Nation - Update and Fate of UK (HighRes)

2011-04-01T06:32:00.000-07:00

Ms V - The EU Crippling & Destroying a Nation - Update and Fate of UK (HighRes)

Why the Towers Fell PBS 9/11 Documentary

2011-04-01T06:22:00.000-07:00

Why the Towers Fell PBS 9/11 Documentary

The Secret Government: The Constitution in Crisis, by Bill Moyers

2011-04-01T05:55:00.000-07:00

The Secret Government: The Constitution in Crisis, by Bill Moyers

Dr. Paul Connett Special: What Fluoride Really Does To Your Body 2/3

2011-03-29T04:04:00.000-07:00

Biotech & Nanotech - Remaking Nature in the Image of Technology

2011-03-28T05:16:00.000-07:00

http://www.youtube.com/watch?v=kTMhrSjertk

GMOs and the Law

2011-03-28T03:14:00.000-07:00

http://www.youtube.com/watch?v=HCP1v1Z6gJQ

EU Corruption

2011-03-24T15:02:00.000-07:00

http://www.youtube.com/watch?v=7SFx2R9JwHE

No-fly zone next in Belgium?! Clashes as police disperse mass protests

2011-03-24T13:49:00.000-07:00

Michael Pawlyn: Using nature's genius in architecture

2011-03-24T11:47:00.000-07:00

Monsanto: End of Life

2011-02-24T13:47:00.000-08:00

http://www.youtube.com/watch?v=OJcZLXX39KA

Renewing the Patriot Act While America Sleeps

2011-02-24T07:30:00.000-08:00

Class Struggle in Wisconsin

2011-02-21T05:10:00.000-08:00

Class Struggle in Wisconsin

More at The Real News

John Pilger - The New rulers of The World

2011-02-21T02:55:00.000-08:00

John Pilger - The New rulers of The World

Scientist finds Gulf bottom still oily, dead - KansasCity.com

2011-02-20T02:12:00.000-08:00

Scientist finds Gulf bottom still oily, dead - KansasCity.com

A Silent Forest Video

2011-02-20T01:49:00.000-08:00

A Silent Forest Video

Reality Check: Global Currency Ahead

2011-02-18T19:17:00.000-08:00

http://www.youtube.com/watch?v=ooPC1CRl73M

FIFTH GENERATION

2011-02-17T13:34:00.000-08:00

FIFTH GENERATION

RootsWeb: PA-OLD-CHESTER-L Re: [PaOldC] Samuel Colson m Tamar Allen

2011-02-17T12:14:00.001-08:00

Issac, born 1731; married July 18,1751, to Elizabeth Paine.

RootsWeb: PA-OLD-CHESTER-L Re: [PaOldC] Samuel Colson m Tamar Allen
Issac, born 1731; married July 18,1751, to Elizabeth Paine.

Blogged with the Flock Browser

Experences Wished for while at Our Local Supermarkets?

2011-02-17T07:15:00.000-08:00

Experences Wished for while at Our Local Supermarkets?

Experences Wished for while at Our Local Supermarkets? (2)

2011-02-17T06:57:00.000-08:00

Experences Wished for while at Our Local Supermarkets? (2)

The Takedown of Hosni Mubarak

2011-02-16T16:46:00.000-08:00

http://www.youtube.com/watch?feature=player_profilepage&v=6MRQSnRZQbE#t=307s

Blow the Whistle! - WNYC

2011-02-15T05:03:00.000-08:00

Blow the Whistle! - WNYC

European Parliament (39)

2011-02-14T06:25:00.000-08:00

European Parliament (39)

Internal Revenue Bulletin - January 4, 2010 - Rev. Proc. 2010-6

2011-02-14T06:00:00.000-08:00

Internal Revenue Bulletin - January 4, 2010 - Rev. Proc. 2010-6
Brian McDonnell
200 Constitution Ave
SECTION 17. WHAT RIGHTS TO NOTICE AND COMMENT DO INTERESTED PARTIES HAVE?
Rights of interested parties

.01 Persons who qualify as interested parties under § 1.7476-1(b), have the following rights:

(1) To receive notice, in accordance with section 18 below, that an application for an advance determination will be filed regarding the qualification of plans described in §§ 401, 403(a), 409 and/or 4975(e)(7);

(2) To submit written comments with respect to the qualification of such plans to the Service;

(3) To request the Department of Labor to submit a comment to the Service on behalf of the interested parties; and

(4) To submit written comments to the Service on matters with respect to which the Department of Labor was requested to comment but declined.
Comments by interested parties

.02 Comments submitted by interested parties must be received by EP Determinations by the 45th day after the day on which the application for determination is received by EP Determinations. (However, see sections 17.03 and 17.04 for filing deadlines where the Department of Labor has been requested to comment.) Such comments must be in writing, signed by the interested parties or by an authorized representative of such parties (as provided in section 9.02(11) of Rev. Proc. 2010-4), addressed to EP Determinations at the address in section 6.17, and contain the following information:

(1) The names of the interested parties making the comments;

(2) The name and taxpayer identification number of the applicant for a determination;

(3) The name of the plan, the plan identification number, and the name of the plan administrator;

(4) Whether the parties submitting the comment are:

1.

Employees eligible to participate under the plan,
2.

Employees with accrued benefits under the plan, or former employees with vested benefits under the plan,
3.

Beneficiaries of deceased former employees who are eligible to receive or are currently receiving benefits under the plan,
4.

Employees not eligible to participate under the plan.

(5) The specific matters raised by the interested parties on the question of whether the plan meets the requirements for qualification involving §§ 401 and 403(a), and how such matters relate to the interests of the parties making the comment; and

Internal Revenue Bulletin - January 4, 2010 - Rev. Proc. 2010-6

2011-02-14T05:56:00.000-08:00

Internal Revenue Bulletin - January 4, 2010 - Rev. Proc. 2010-6

EBSA Proposes to Broaden Definition of "Fiduciary" under ERISA : Washington D.C. Employment Law Update

2011-02-14T04:03:00.000-08:00

EBSA Proposes to Broaden Definition of "Fiduciary" under ERISA : Washington D.C. Employment Law Update

October 22, 2010 edition of the Federal Register, the proposed rule “amends a thirty-five year old rule that may inappropriately limit the types of investment advice relationships that give rise to fiduciary duties on the part of the investment advisor.” The rule is designed to limit conflicts of interest and self-dealing “by giving a broader and clearer understanding of when persons providing such advice are subject to ERISA’s fiduciary standards.” The definition change would impact sponsors, fiduciaries, participants, and beneficiaries of pension plans and individual retirement accounts, as well as providers of investment and investment advice related services to such plans and accounts.

Frequently Asked Questions About Pension Plans And ERISA

2011-02-14T02:35:00.000-08:00

Frequently Asked Questions About Pension Plans And ERISA

UFCW | Press Room Index

2011-02-14T01:51:00.000-08:00

UFCW | Press Room Index

Eastern North Carolina Digital Library

2011-02-10T10:39:00.000-08:00

Eastern North Carolina Digital Library
- book by- Ellen Goode Rawlings Winslow, Watson Mrs. Winslow
No. 120. Richard Nowell of Little River, Perq precinct, for £9 pd by Albert Albertson Jun, assigned a patent dated Sept 1, 1694. Seal Dec 20, 1694. Test’ Richard Rooke, John Tomlin, Richard & Eleanor Nowell. John Stepney Clerk.

Albertson, Albert, had a grt for land in Perq May 22, 1694—290a by the side of Suttons Creek Swamp. (Land Office Raleigh.)

Albertson, Albert Jr, land grt in Perq Precinct, Sept 1, 1694, on the bank of Perq River, 300a.

Albertson, Albert, appears on Rent Roll in Perq 1700, with 300a on Deep Creek.

ALBERTSON

Birth, Deaths, and Marriages, in Berkeley

Albert Albertson m Mary Gosby, Dec 20, 1668, issue: 1 Albert, b July 15, 1669—2 Susanna, b Feb 19, 1670—3 Esau, b Aug 19, 1672—4 Hannah, b Dec 11, 1675—5 Peter, b Last of June 1677.

Hannah Albertson m Joseph Nicholson, s of Christopher, & Hannah.

Albert Albertson died “att his on house” Feb 28, 1701.

Albertson, Albert Jr, m Elizabeth Mullen, (d of Abraham) who m 2d Wm Bateman, before Oct 18, 1768. (Deed b H-41.)

Albertson, Albert, s of Albert & Elizabeth b ye Nov 23, 1694.

Albertson, John, s of Albert & Elizabeth b Nov 27, 1696.

Albertson, Peter, (s of Albert & Mary Gosby) m Ann Jones (d of Mary Beesly, wid) Aug 27, 1701. issue: 1 Samuel, b Oct 25, 1702—2 Peter, b Oct 7, 1704—3 Joseph, b Feby 5, 1705/6—4 Ann, b Aug 4, 1708—(died young)—5 Mary, b Mch 12, 1710—6 Patience, b Dec 5, 1711—7 Hannah, b June 15, 1715—8 Anne (2d by that name), b Aug 4, 1718—9 Martha, b Aug 15, 1721.

Albertson, Esau, (son of Albert, & Mary Gosby) m Sarah Sexton (d of Darby, & Doroty) ye 27 Jany 1700/1, by Rev Richard French.

Albertson, Esau, (s of Esau, & wife Sarah) b Feb 5, 1703/4.

Albertson, Nathaniel, m Abigail Nicholson (d of Samuel) “at a meeting, at ye house of Samuel Nicholson,” July 12, 1704. issue: Sarah, b Nov 2, 1706.

Albertson, Aaron, m Ann Gilbert, July 10, 1729. issue: Nathaniel b Aug 19, 1733. His will Perq Co, p April Court 1782, names wife Anne, Children; Nathaniel, Abigail Cosand (wife of Gabriel) Jean Charles, sons Benjamin, & Nathaniel Exors. Test’ Mary Sanders, Mary, & William Albertson. (Perq Co records.)

Albertson, Nathaniel, will Perq Co, p July Court 1785, names sons Joseph, & Jesse, daus Margaret, & Miriam Albertson, Roda Munden, & Anne Moore, son-in-law Levi Munden, wife Mary. (2d wife). Test’ Aaron Moore, Anne Moore, Roda Munden.

Albertson, Nathaniel, will Perq Co, p Jan Court 1752/3, names sons Joshua, & William, (Wm, gr-son of Samuel Nicholson) gr-sons Benjamin, & Chalkey

(sons of William) daus Hannah, & Elizabeth Newby, son Aaron, d Lydia True-blood. Test’ Joshua Perisho, James Henbe, Mary Morris.

Albertson, Joshua, will Perq Co, p Oct Court 1753. names son Francis, wife Mary, daus Elizabeth, Mary, & Penelope, brothers Aaron, & William, Exors.

Albertson, William, will Perq Co, p Sept 10, 1784, names sons Benjamin, Chalkey, & William, gr-sons William, & Thomas Hasket, d Mary Anderson, Elizabeth Albertson, wife Sarah. (Who was d of William Newby, by whom she is named, in his will Perq Co, Aug 10, 1782) Exors sons Benjamin, & Chalkey. Test’ John, & Samuel Anderson, Josiah Yatton. (Latton.)

Albertson, Albert Sr, will Perq Co, p Apl 14, 1702, names sons Peter, Nathan, Esau, & Nathaniel, son Peter, & wife Ann Exors. son Albert. Test’ John Falconer, Nathaniel Nicholson.

Perquimans Co., NC Records - BARTLETT

2011-02-10T10:05:00.000-08:00

Perquimans Co., NC Records - BARTLETT

Paulson july 16 2009

2011-02-08T03:28:00.000-08:00

Illinois Vaccine Awareness Coalition

2011-02-02T11:22:00.000-08:00

Illinois Vaccine Awareness Coalition

http://articles.mercola.com/si tes/articles/archive/2011/02/0 2/monsantos-roundup-linked-to- over-40-different-plant-diseas es-and-endangers-human-health. aspx

2011-02-02T07:10:00.000-08:00

http://articles.mercola.com/si tes/articles/archive/2011/02/0 2/monsantos-roundup-linked-to- over-40-different-plant-diseas es-and-endangers-human-health. aspx

Prof Gil Seralini Runs Monsanto's numbers, liver/kidney damage from GMOs

2011-01-28T13:49:00.000-08:00

America: Freedom to Fascism - Director's Authorized Version

2011-01-28T07:21:00.000-08:00

America: Freedom to Fascism - Director's Authorized Version

Oil Spill Health Issues - KLFY TV 10 - Acadiana's Local News, Weather and Sports Leader |

2011-01-28T05:50:00.000-08:00

Oil Spill Health Issues - KLFY TV 10 - Acadiana's Local News, Weather and Sports Leader |

USDA Fires Organic Farming Specialist for Expressing Opinions | Food | AlterNet

2011-01-28T04:30:00.000-08:00

USDA Fires Organic Farming Specialist for Expressing Opinions | Food | AlterNet

Geithner Says U.S. Insolvent - GoldSeek.com

2011-01-28T03:59:00.000-08:00

Geithner Says U.S. Insolvent - GoldSeek.com
U.S. government is insolvent. Who says so? Timothy F. Geithner, the U.S. Secretary of the Treasury.

Invisible Empire A New World Order Defined Full (Order it at Infowars.com)

2011-01-28T03:06:00.000-08:00

Fed's QE Ponzi Scheme Begins To Backfire | Gary Dorsch | Safehaven.com

2011-01-27T15:22:00.000-08:00

Fed's QE Ponzi Scheme Begins To Backfire | Gary Dorsch | Safehaven.com

Black Money | FRONTLINE | PBS Video

2011-01-27T13:09:00.000-08:00

Black Money | FRONTLINE | PBS Video

Watch the full episode. See more FRONTLINE.

Videos of Alexander Emerick Jones: Alex Jones: Bilderberg stealing from US citizens [HQ] (112)

2011-01-26T23:48:00.000-08:00

Videos of Alexander Emerick Jones: Alex Jones: Bilderberg stealing from US citizens [HQ] (112)

The Perfect Genetic Storm – Synthetic DNA and the Gulf Blue Plague | The Gulf Blue Plague

2011-01-26T17:08:00.000-08:00

The Perfect Genetic Storm – Synthetic DNA and the Gulf Blue Plague | The Gulf Blue Plague

Naomi Klein: Addicted to risk | Video on TED.com

2011-01-25T05:17:00.000-08:00

Naomi Klein: Addicted to risk | Video on TED.com

LISBON TREATY 2

2011-01-25T04:19:00.000-08:00

http://www.youtube.com/watch?v=z1RygVUWHks

Fluoride and Liver Cancer National Toxicology Program Sumamry by Dr. John Yiamouyiannis

2011-01-25T01:36:00.000-08:00

Fluoride and Liver Cancer National Toxicology Program Sumamry by Dr. John Yiamouyiannis

Fluoride Deposition in the Aged Human Pineal Gland

2011-01-25T01:34:00.000-08:00

Fluoride Deposition in the Aged Human Pineal Gland

Capt. William Herman’s District, 1832

2011-01-22T02:09:00.000-08:00

Capt. William Herman’s District, 1832

2011-01-22T01:56:00.000-08:00

http://www.ncgenweb.us/catawba/family/Poovey.TXT
Mary Magdelene (Bovey) POOVEY (abt 1735-bet 1795 and 1808)
. +Jacob SETZER Sr.

Family Tree Maker's Genealogy Site: User Home Page Genealogy Report: Ancestors of Brian James Messer

2011-01-22T01:34:00.000-08:00

Family Tree Maker's Genealogy Site: User Home Page Genealogy Report: Ancestors of Brian James Messer
250. Johann Conrad Minges Mingus, born abt 1740 in Germany; died 28 March 1808 in Lincoln Co. NC. He married 251. Magdalena Boovey (Poovey) 1755-1766.
251. Magdalena Boovey (Poovey), born abt 1735; died abt 1795 in Lincoln Co. NC. She was the daughter of 502. Conrad Boovey.

Notes for Johann Conrad Minges Mingus:
Ship "Albany", 02 Sep 1749, Phil., PA; Johann Jerg Mingus and Conrath Mengus.

Sowers Newspaper in PA: 24 Dec 1757 -- Johann Conrad Mingus of Upper ?Milford Twp, Northampton Co. seeks his brother Johann George Menges who arrived America eight years ago, -- born in Hebstel, Grafschaft Fuerstenaus and is a Taylor (sic).

Lincoln Co. NC Deed Book: 1-525-527, 27 Nov 1768; Conrad Mingus purchases 400 acres on Clarks Creek.

On 21 Mar 1808, Conrad made out the following will:

State of North Carolina
Lincoln County

In the name of God Amen. I CONRAD MINGES of the County of Lincoln and the State of North Carolina Being Weake in Body but perfect mind and Memory Thanks be given unto God calling unto Mind the Mortality of MY Body and knowing that it is appointed for all man once to die, do make and ordain this my Last Will and Testament, that is to say principally and first of all I give and Recomment My Soul in the hands of Almighty God that gave it and My Body I Recomment to the Earth To be Buried in a decent Christian Burial at the discretion of My Executors. Nothing doubting but at the general Resurrection I shall Receive the Same again by the Mighty pour (sic) of God and as Touching Such Wordly Estate wherewith it has pleased God to bless me in this Life I give demise and dispose of the same in the following manner and form...

First I give and bequest to MARY my dearly beloved wife My Negro woman Sophie and aslo My Bay mare and also0 My House hold furniture and My wife MARY Shall have the previladge (sic) to Live in My house and have her Mantainance (sic) out of the plantation where I Now Live During her Widow Hood. But if She dies or ban Tracts Mattromony (sic) the the above Mentioned articles is to be equel (sic) Divided among My three children MARY MINGES ELISABETH MINGES and CONRAD MINGUS. Also I give to My beloved Daughter MARY MINGUS one Negro girl Named Fribe and a cow and calf...

Also I give My well beloved daughter ELISABETH MINGUS one Negro girl Named Margret and also one cow and calf...

I also give to My beloved Son CONRAD MINGES one Negro girl Named Janie also the plantation I now Live on Except My wife MARY Mantanance (sic) as above Montioned (sic). To him and his Heirs and assignes for Ever also My Waggon and guns belonging to it...

I also give to My well beloved Daughter MOLLY SIGMAN three pound in money to be paid to her by My Exectors and the Remainter (sic) part of My Estate hall be Equil (sic) divided _____? My wife MARY and My thre (sic) chilldred (sic) that is to say MARY MINGES ELISABETH MINGES and CONRAD MINGES (sic). I also constitute Make and ordain My Trusty friend GEORGE DEAL Executor and My beloved Wife MARY Executrix and I do hereby Alterly disalow (sic) Revoke and disannul all and Every other forever Testament Wills Legacies bequest and Executors by me in any wise before Named willed and bequested Ratifying (sic) and ban firming furrover ?(sic). This amd no other to be My Last will and Testament in Witness where of I have here unto Set My hand and Seal this 21st Day of March 1808.

His
Conrad X Minges Seal
Mark
Wit:
McCline Signed Sealed published pronounced
(? Michael Cline) and declared by the said Conrad Minges
Joform rfurisd as his Last Will and Testament In the
(Ger. Sig.??) presence of us

MARY MINGESS Sworn July Session 1809

Conrad's will was executed on 10 January 1809 in Lincoln Co. NC. (From the Vertical Files, NC State Archives, Raleigh).

Notes for Mary Sigmon:
Mary was possibly a widow living next door in the 1790 Census.

Children of Johann Mingus and Magdalena (Poovey) are:

125 i. Elizabeth (Jane?) Mingus, born 1791-1795 in NC; died abt 1854 in Haywood Co. NC; married General Ward 17 September 1819 in Lincoln Co. NC.

ii. Mary Mingus.

iii. Molly Mingus, married John Sigmon.

iv. Conrad Mingus.

2011-01-22T01:24:00.000-08:00

Charming Nancy - Building Our Future From Our Past . . .

2011-01-22T00:59:00.000-08:00

Charming Nancy - Building Our Future From Our Past . . .
[List 65 A] A List of Mens Names imported in the Charming Nancey, Charles Stedman, Comr, from Rotterdam. November 9th 1738.

Christian Kerwer 46
Jacob Didrich 40
Hans Michael Reyn 24
Hans Georg Reyser 26
Hans Adam Didel 30
Mark Folhaver 25
Philip Mauer 32
Jeremie Semer 27
Hans Jacob Kuntz 42
Hans Jacob Kuntz 21
Jurigh Mich. Kerbel 32
Hans Jacob Barlin 22
Geo. Fredk. Barlin 18
Abraham Barlin 16
Johannes Fayt 22
Leonard Shust 20
Peter Kreitzer 20
Andreas Kreitzer 24
Everhard Miller 19
Christophel Abel 20
Joseph David Dresser 38
Adreas Beyerlie 23
Michael Klein 22
Jurigh Hatts 38
Peter Baldsberger 16
Christophel Trenkle 48
Stephen Trenkle 20
Jacob Gorgh 26
Conradt Felt 30
Johan Adam Semen 22
Jacob Semen, in sick house 27
Abraham Hostwert 24
Jacob Hostedler 26
Abraham Kunzigh 24
Christian Miller 25
Christian Bullman 20
Hans Fletiker 16
Nicholas Klaugh 24
Hans Jacob Broser 36
Jurigh David Boos 24
Lodowick Loos 18
Hendrick Spries 22
Hans Georg Bolts 25
Johan Michl Mouse 18
Johannes Sighman 40
Hans Georg Sighman 20
Johannes Sighman 18
Bernhard Sighman 16
Johan Peter Wols 19
Baltzer Kritzer 37
Johan Handk Kippily 22
Johan Ferdinand Dirtzibach 33
Hans Georg Schink 37
Christophel Segman 25
Christian Miller 26
Hendrick Keesner 40
Johan Stephen Goodman 27
Hans Jacob Schink 32
Hans Hendrick Woll 23
Hans Jacob Miller 43
Hans Georg Stroball 21
Jacob Wannamaker 24
Jacob Bour 20
Peter Potts 20
Martin Oadt 24
65 persons

Sworn Novemr 9th 1738, that the above list is all above the age of fifteen Years to the best of my knowledge.
Charles Stedman.

[List 65 B] Palatines imported in the Ship Charming Nan-cey, Charles Stedman, Comr, from Rotterdam but last from Cowes in England. Qualified the 9th Day of Novemr 1738.

Hans Christian Gerber
Hans Michael (X) Rein
Jacob (X) Ditrek
Joseph (X) Geisser
Hans Adam (+) Didel
March (+) Fouler
Philip (X) Moure
Jeremiah (X) Zemier
Hans Jacob (H) Huntz
Hans Jacob (J) Huntz
Geo. Michael (+) Kermer
Jacob (O) Berlin
Geo. Fredk (X) Berlin
Abraham (A) Berlin
Hans (H) Etimers
Leonard (B) Sheus
Peter (O) Scriver
Andreas (X) Creuser
Johan Jacob Müller
Christophr (X) Creble
Joseph Davidt Trissler
Andres Beyerle
Michael (X) Klein
Jung Geo. (X) Hatz
Peter (O) Bursbeger
Christopher (X) Zingle
David (XX) Zinkle
Jacob (XX) Coort
Connrath Fleck
Jeo. Adam (X) Ziman
Jacob (X) Ziman
Abraham Hausswirth
Jacob (X) Howstetter
Hunter (H) Zincie
Christian (X) Miller
Christian (X) Pullman
Christopher (X) Sigman
Hans (X) Fürller
Nicalas (X) Kelaugh
Jurich Geo. (X) Troulst
Ludwig Glotz
Henrich Spies
Hans Geo. (X) Hults
Johan Michael Maurer
Hans (X) Zerichen [?]
Hans (X) Jerick Sigman
John (X) Zigman
Bernard (X) Zigman
Geo. Peter (X) Walts
Johann Baldes Knörtzer
John Hendrich (X) Kepley
Ferdinand Dörtzbach
Hans Jörg Schenck
Christian (X) Miller
Heinrich Kistner
John Stephan Guttman
Hans Jacob (H) Shunk
Hans Henrich (+) Pohl
Hans Jacob Müller
Hans Gorg Strobel
Jacob Wannenmacher
Jacho Bauer
Peter Butz
Marti Tienod

[List 65 C] At the Court House of Philadelphia, November 9th 1738. Present: The Honourable George Thomas, Esqr, Lieutenant Governour.
The Palatines whose Names are underwritten, imported in the Ship the Charming Nancy, Charles Stedman, Comr, from Rotterdam, but last from Cowes in England, did this day take and Subscribe the Oaths to the Government, viz.,

Hans Christian Gerber
Hans Michael (X) Rehin
Jacob (X) Diterich
Hans Georg (X) Reisser
Hans Adam (X) Dittel
Markus (X) Faulhaffer
Hans Philip (XX) Maurer
Jerimias (|) Zämer
Hans Jacob (H) Kuntz
Hans Jacob (J) Kuntz, Junr
Jork Michel (X) Kerber
Hans Jacob (O) Barling
Georg Frederik (X) Barly
Abraham (X) Barly
Hans (H) Vit
Lenard (B) Just
Peter (S) Greutzer
Andereas (X) Creutzer
Johan Jacob Müller
Christoff (X) Knubel
Joseph Davidt Trissler
Andres Beyerle
Michael (X) Klein
Georg (X) Hatz
Peter (O) Baldesberger
Christoff (X) Drinkel
Stephen (XX) Drinkel
Jacob (XX) Corr
Connrath Fleck
John Adam (X) Simon
Jacob (S) Simon
Abraham Hauswirth
Jacob (X) Hochstadler
Abraham (X) Kuntzy
Christian (X) Miller
Hans (X) Billman
Christoph (X) Sigman
Hans (X) Flidiger
Nicklas Kluge
George Davit (X) Botz
Ludwig Glotz
Henrich Spies
Hans George (X) Holtz
Johan Michael Maurer
Hans (X) Sigman
Hans Georg Sigman
Johnn (X) Sigman
Bernhart (X) Sigman
John Peter (X) Waltz
Johann Baldas Knörtzer
Johan Henry (X) Köply
Ferdinand Dortzbach
Hans Jörg Schenk
Christian (+) Miller
Heinrich Kistner
Johan Stephan Guttman
Hans Jacob (O) Shrink
Hans Henry (X) Pohl
Hans Jacob Müller
Hans Jerg Strobel
Jacob Wannenmacher
Jacho Bauer
Peter Butz
Martin (S) Oats

Extracted from German Pioneers, Vol. I, 1727-1775

Christopher Stoffel SIGMAN

2011-01-22T00:49:00.000-08:00

Christopher Stoffel SIGMAN was born about 1713 in Germany. He died about 1789.

INDIVIDUAL NOTES:
Ancestors of Claude Rankin Moser by James & Mary Beddingfield:
- Christopher Sigman arrived as the port of Philadelphia aboard the ship "Charming Nancy" 9 November 1738. He was of German descent and of five Sighman (Sigman) males over the age of sixteen on board. In 1767 he came from Pennsylvania to North Carolina and in the same year bought 200 acres of land from Nichlos Frey on Clarks Creek in Mecklenburg County, North Carolina. This land is now Catawba County, North Carolina near the town of Newton. Sons Bernard and John were administrators of his estate.
------------------------------------------------------------
Setzer and Allied Families by Lawrence Wood, page 124:
- The Sigman family was from Germany and landed at Philadelphia, Pennsylvania aboard the ship "Charming Nancy" on 9 Nov 1738. In 1767 Christopher Sigman came from Pennsylvania to North Carolina and in the same year bought 200 acres of land from Nichlas Frey on Clarks Creek in Mecklenburg County, North Carolina. This land is now in Catawba County, North Carolina near the town of Newton and near St. Paul's Lutheran Church. He died in 1789. Sons Bernard and John were administrators of his estate, however the final estate papers cannot be found in the old records. Parents: Male SIGMAN.

Spouse: Margarette UNKNOWN. Children were: Living, Katrina SIGMAN, Bernard SIGMAN, Doretha SIGMAN, Esther SIGMAN.

Arrowood Family Movie File - miller244228 - Picasa Web Albums

2011-01-21T10:50:00.000-08:00

Arrowood Family Movie File - miller244228 - Picasa Web Albums

The Arrowood Trail Thru the Mountains: Old St. Paul's Lutheran ~ Murder in the Pews

2011-01-21T10:17:00.000-08:00

The Arrowood Trail Thru the Mountains: Old St. Paul's Lutheran ~ Murder in the Pews

foodconsumer.org - Monsanto’s Roundup Triggers Over 40 Plant Diseases and Endangers Human and Animal Health

2011-01-20T16:58:00.000-08:00

foodconsumer.org - Monsanto’s Roundup Triggers Over 40 Plant Diseases and Endangers Human and Animal Health

Obama administration moves forward with unique internet ID for Americans, Commerce Department to head system up -- Engadget

2011-01-19T23:34:00.000-08:00

Obama administration moves forward with unique internet ID for Americans, Commerce Department to head system up -- Engadget

Van Jones: The economic injustice of plastic | Video on TED.com

2011-01-19T15:21:00.000-08:00

Van Jones: The economic injustice of plastic | Video on TED.com

Nicholson

2011-01-13T14:18:00.000-08:00

Nicholson

Eastern North Carolina Digital Library

2011-01-13T14:08:00.000-08:00

Eastern North Carolina Digital Library

Eastern North Carolina Digital Library - Search Results

2011-01-13T13:44:00.000-08:00

Eastern North Carolina Digital Library - Search Results
No. 4. Jacob Mullen, of Berkeley Parish; Perq Co, Planter—for £30 pd by George Layden of same, sold 50a, on west side of Suttons Creek, adj Peter Albertson, part of a “patent to Albert Albertson dec'd, May 22, 1694,” which was divided & laid off to his brother Nathaniel Albertson, & by him sold to Nathaniel Nicholson, & became due sd Mullen by marriage with Sarah only dau of sd Nicholson. Aug 9, 1749. Test’ Albert Albertson, James Pierce.

Eastern North Carolina Digital Library - Search Results

2011-01-13T13:05:00.000-08:00

Eastern North Carolina Digital Library - Search Results

2011-01-13T12:44:00.000-08:00

Eastern North Carolina Digital Library - Search Results

Coulson v. Walton/Opinion of the Court - Wikisource

2011-01-12T14:50:00.000-08:00

Coulson v. Walton/Opinion of the Court - Wikisource
Coulson v. Walton/Opinion of the Court
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←United States Supreme Court Coulson v. Walton/Opinion of the Court
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Opinion of the Court

United States Supreme Court

34 U.S. 62

Coulson v. Walton

This case is brought before this court by an appeal from the decree of the circuit court for the western district of Tennessee.

In their bill the complainants state, that on the 22d of February 1785, a certain entry in the land office of North Carolina was made by Isaac Coulson, assignee of David Welles, for six hundred and forty acres of land; and that afterwards, on the 2d of January 1787, he executed a bond to one Josiah Payne, for the conveyance of said tract of land, agreeably to the terms therein expressed, to wit: 'Know all men by these presents, that I, Isaac Coulson, of the state of North Carolina and county of Davidson, do oblige myself, my heirs and assigns, to pay to Josiah Payne one hundred pounds in Virginia currency, in payment for a certain bay stud horse I bought of him, within twelve months from the date hereof, with lawful interest, otherwise, in lieu thereof, I do oblige myself to make over all my right and interest of a certain entry and warrant of land of six hundred and forty acres, lying on the north side of Cumberland river, on said river, about one or two miles above the mouth of the Caney fork, unto the said Josiah Payne, of the county and state aforesaid, or his heirs and assigns. And if a deed or grant should issue to me, before said entry or warrant should be transferred from me to said Payne, then, and in that case, I do hereby oblige myself to make a transfer deed of all my right, title and interest of the aforesaid land, unto the aforesaid Josiah Payne or his assigns; which deed and right, when made, is to be taken in full payment for the one hundred pounds and interest; and I do hereby oblige myself to warrant and defend said deed from me, my heirs and assigns, for ever, unto the said Payne and his heirs.' Which bond purports to have been signed and sealed by the said Isaac Coulson, and witnessed by James Donelson and William Bush.

The complainants further state, that the obligor elected to pay the said sum of one hundred pounds, by giving the land as expressed in the above recited bond; which mode of payment was assented to by the said Payne. That said Isaac Coulson died intestate sometime in the year 1791, leaving the defendant his only heir at law. That a grant was issued for the land on the 15th of September 1787, but no valid conveyance was made to the said Payne for the land, although in his lifetime various means were tried to obtain a title. That possession was taken of the land in 1799 or 1800, and that it has been occupied ever since under the title of Payne; and that the taxes have been paid. That since the defendant has arrived at full age he commenced an action of ejectment, and recovered a judgment for the land; and the complainants pray an injunction, and that the defendant may be decreed to convey all his interest in the premises to the complainants.

In his answer the defendant denies that the bond set forth in the complainants' bill, was ever executed by his father, Isaac Coulson, and states that it is a forgery; and he denies the other material allegations in the bill.

In considering the question as to the genuineness of the bond on which this controversy is founded, the first important fact that occurs to the mind is, the remoteness of the transaction. Nearly half a century has elapsed since this instrument purports to have been executed. The obligor and the obligee, and both the witnesses are dead. The contract belongs to the past age. It was executed, if at all, when the country was new and unsettled; and the parties to it seem to have been illiterate men, and unacquainted with business transactions.

These circumstances are referred to, not to show that this bond should be received without proof, but to show, that as strict proof should not be required of its execution, as if it were of recent date. The law makes some allowance for the frailties of memory, and where a great length of time has elapsed since the signing of an instrument attempted to be proved, circumstances are viewed as having an important bearing upon the question.

In the case of Barr v. Gratz, 4 Wheat. 231, this court decided, 'that where a deed is more than thirty years old, and is proved to have been in the possession of the lessors of the plaintiff in ejectment, and actually asserted by them as the ground of their title in a chancery suit, it is, in the language of the books, sufficiently accounted for; and it is admissible in evidence without regular proof of its execution by the subscribing witnesses.'

There is no proof of the handwriting of James Donelson, one of the subscribing witnesses to this bond; but it is proved that he was supposed to have been killed by the Indians many years ago.

The handwriting of Bush, the other subscribing witness, is proved by three of his sons, who were well acquainted with his hand, one of them having administered on his estate. These witnesses, and especially two of them, speak with great confidence, not only as to the signature of their father, but they say that the body of the bond appears to have been written by him. And they state, that although at the time the bond bears date, and for some years before and afterwards, until his death, their father lived in Clark county, Kentucky, yet he was absent the greated part of his time on hunting expeditions; and they understood that he was several times in the western part of Tennessee. It appeared that their father understood surveying, was a pretty good scribe, and was frequently called on to write deeds and other instruments.

Three witnesses testify to the original contract, and the circumstances which led to it. Payne sold to Coulson a valuable horse, for which he agreed to pay one hundred pounds. Sometime afterwards, Coulson, finding the horse did not suit his purpose, induced Payne, as his agent, to sell him; which was done, for the tract of land now in controversy. It was after this sale, as these witnesses say, that they understood a bond was executed, by which Coulson was bound to pay to Payne one hundred pounds, or convey the land to him in lieu of the money. Two witnesses state, that in addition to the land, Coulson agreed to pay Payne 50 dollars, in a horse.

George Cumming, and the sister of Josiah Payne were acquainted with William Bush; and the latter was also acquainted with the other witness, James Donelson.

Sometime after the date of the bond, Coulson, it is proved, went to Virginia under the expectation of obtaining money to pay off the bond, from the estate of his father: but he found that the estate had been wasted; and being disappointed in raising the money, he remained in Virginia, married, and afterwards died in 1791. In the year 1793 Payne went of Virginia, and obtained from the widow of Coulson a bond, in a penalty, dated the 6th of November 1793, with a condition to convey all her interest in the land in dispute; and she authorized Payne to take possession of it. This bond was executed by the widow, on the advice of Jacob Coulson, her brother-in-law, that it was best to discharge the claim by the conveyance of the land.

An attempt was made to obtain a conveyance under the sanction of a county court in Virginia, and Mrs Coulson attended the court for that purpose; but the decision was, that it had no power to act on the subject.

At another time Payne made application to the widow, and said he ought to have something, as he should have to wait until the children became of age; and she let him have a horse worth fifteen pounds.

In 1797 or 1798, it appears a man by the name of Johns was sent to Virginia for this title, and was informed by Payne that he would probably find it ready for him. At this time, Mrs Coulson, Jacob Coulson and Benjamin Johns, went to the court in Grayson county, Virginia, and were three days in attendance on it, endeavouring to procure a title for the land, but failed.

Payne had then sold a part of this land to Johns, but as no deed could be obtained, Johns was unwilling to take the land, and he exchanged it with Walton, who in 1799 or 1800 took possession of a part of the tract, and has ever since held it by himself and his heirs. At a subsequent period he made other purchases of the tract. It was known as Payne's land, from the time Johns went to Virginia for a title.

Payne died in 1805, and his heirs endeavoured to obtain a title by permitting the land to be sold for taxes, in 1806; and they became the purchasers. Shortly after this sale, George Payne, son and administrator of Josiah Payne, went to Grayson county, Virginia, and procured a release of all claim to the land from the representatives of Coulson; and in which they stipulated not to redeem the land, under the sale for taxes. This instrument has been lost. George Payne was drowned a few years after the writing was obtained by him.

These are the material facts and circumstances relied on by the complainants, to prove the execution of the bond, and to lay the foundation to the equitable relief prayed for in the bill.

A great number of depositions were read by the defendant's counsel, to rebut the facts proved by the complainants, and show that they are not entitled to relief.

Six witnesses state that they were acquainted with William Bush, and several of them with James Donelson. That they both came from the Indian nation, and were supposed to be tories and refugees. That Bush was a dissipated man, was occasionally deranged, and incapable of business. That he had a brother named Abner, who was a man of good capacity, and of respectable character: that they were both hunters, and were well acquainted with the water courses falling into the Mississippi river, south of the Tennessee.

Donelson and William Bush were reported to have been killed by the Indians in years 1786 or 1787.

The depositions of three witnesses were read by the defendant, who were well acquainted with William Bush in Clark county, Kentucky, and who from their intimacy with him and the short distance they lived from him, about the time the bond bears date, seem to think he could not have been absent from home at that time.

And it is proved by Jermiah Coulson, brother of Israel, that when Payne was in Virginia, a conversation took place between him, the witness and Jacob Coulson, at which time Payne said he had no obligation or any instrument of writing from Isaac Coulson, respecting the land in dispute. And that Payne also said he was to receive from Coulson a negro boy, under twelve years old, in discharge of the debt; and at the same time he agreed to pay the taxes on said land, and take care of it for the children of said Coulson; and the witness was called on specially to remember the agreement. At this time Payne received a horse of Mrs Coulson worth 50 dollars, in part payment of the claim.

The first inquiry which naturally arises in the mind on reading the whole evidence is, whether it may not be reconciled. Some parts of it, and especially those parts which relate to the subscribing witness, William Bush, would seem to conflict; but this is susceptible of a most satisfactory explanation.

There can be no doubt from the facts stated by the witnesses, that there were two persons who bore the name of William Bush, and who were occasionally in the western part of Tennessee, about the same time. One of them, the Kentucky Bush, was a respectable man, a deacon in the Baptist church, a surveyor, wrote a good hand; and he died in Clark county, Kentucky, about the year 1816. The other was believed to have come from the Indians, was an ignorant, dissipated man, incapable of business, accustomed to hunting in the country south of the Tennessee river, and was reported to have been killed by the Indians in 1786 or 1787. He had a brother named Abner, who is proved to have been in no way connected with the Kentucky Bush.

The mere statement of these facts is enough to convince every one, that the different witnesses, in describing the character, capacity for business, pursuits, residence and death of William Bush, could not have referred to the same person. Even the witnesses examined by the defendant, in proving the residence and death of the Kentucky Bush, proved enough to show that he could not have been the same person who was believed to have been a refugee and tory; and was suspected of attacking boats on the Mississippi river, in connexion with other persons, and of committing other depredations upon society.

The fact that there were two persons of the name of William Bush, may be safely assumed; and the question arises whether the signature of the Kentucky Bush, as a subscribing witness to the bond, is satisfactorily proved.

Some doubt is attempted to be raised as to this fact, from the statements of the witnesses who lived in the immediate neighbourhood of Bush, and who have no recollection of his having been absent from home about the time the bond bears date.

But this evidence, at best, is of a negative character, and depends upon the memory of witnesses, for a great number of years, of a fact not calculated to make any impression on the mind. No circumstances are related by the witnesses which were calculated to impress upon their memories, the absence of William Bush, in January 1787. What prudent person, in the absence of such circumstances, would undertake to state, positively, that his nearest neighbour was absent from home any given month, some twenty-five or thirty years before.

But the complainants have proved by the three sons of Bush and his widow, that he was from home hunting the greater part of his time; and some of them say that from his conversations and several facts, they believe he often visited Western Tennessee. And more than one witness, who lived in the neighbourhood of Josiah Payne, became acquainted with Bush in his expeditions to Tennessee.

From these facts it would seem, that no presumption against the due execution of the bond can arise, from the statement of the witnesses who were the neighbours of Bush and who could not recollect of his having been absent from home about the time the bond is dated.

But how can the admissions of Payne, in the presence of Jeremiah and Jacob Coulson, that he held no instrument of writing on Isaac Coulson for the land in dispute, and that he had agreed to receive a negro boy in discharge of the claim, be explained; and also his agreement to pay the taxes on the land, and take care of it for the heirs of Coulson? And what answer can be given, to his having received a horse worth 50 dollars, in part payment of the claim?

The payment of the horse seems to have been in pursuance of the original agreement. Two of the witnesses state that Coulson, in addition to the land, was to give Payne a horse worth 50 dollars. And it is not improbable, if the remarks were made by Payne as stated by Jeremiah Coulson, that he held no written contract from Isaac Coulson, they must have referred to the fact, of here being no writing respecting the payment of this horse.

That he agreed to pay the taxes, and preserve the land for the heirs of Coulson; is disproved by the fact, that either then or sometime before, Payne procured a bond from Mrs Coulson for the land. The language of this bond cannot be mistaken; and it goes to show, that instead of abandoning the land and agreeing to pay the taxes for the heirs of Coulson, he was determined to perfect his claim to it, by the use of such means as he could resort to. By the statement of Mrs Coulson, it appears Payne complained that he should have to wait for a title, until her children became of age. This fact, as well as the deed and the whole course of conduct of Payne, show, that he could not have made the remarks and agreement, as stated by Jeremiah Coulson.

From this view of the evidence, which has a bearing upon the fact of the contract and the execution of the bond, the proof is as clear and as satisfactory as could be reasonably expected, after the lapse of so many years.

The hand writing of Bush is proved by the positive testimony of three witnesses, and the consideration of the bond is clearly proved by three other witnesses, all of whom stand without any impeachment of their credit. Conclusive as these facts would seem to be, as to the genuineness of the bond and the consideration on which it was given, there are others equally conclusive.

If no contract between Coulson and Payne had been made, what could have induced the latter to visit Virginia in 1793, and how can the conduct of Mrs Coulson, in executing a bond to convey all her right in the land, with the advice of her brother-in-law, Jacob Coulson, be accounted for. This was about five years after the money was to have been paid, or the land conveyed. The circumstances were then known to the parties, and no objection seems to have been made either by Mrs Coulson, or the connexions of her deceased husband, to the claim set up by Payne. So far from any objections being made, every thing was done, both by Mrs Coulson and her friends, which they could do, to vest the title for this land in Payne. They applied to the court, and remained in attendance upon it for three days, at one time, under the hope of obtaining the necessary authority to execute the conveyance. And Payne complained of the hardship of being compelled to wait for a title, until the heirs of Coulson became of age.

These are facts established by the evidence, and do they not show beyond controversy, that there was a contract between Coulson and Payne respecting this land? and this important point being established, independent of the bond, the genuineness of that instrument must be extremely probable. Its language agrees with the contract as proved by parol; and several of the witnesses say the contract was reduced to writing. And in addition to this, the clear proof of the handwriting of Bush the subscribing witness, would seem to be conclusive. Taking into view all the facts and circumstances in favour of the due execution of this instrument, it has been as fully estaclished as could be expected of any writing of so ancient a date.

But it is objected that this bond has been mutilated, and therefore it must be rejected. It is true that some alterations have been made on the face of the bond. The words North Carolina, or some other words, have been erased, and the word Virginia, in lieu thereof, has been inserted. This alteration would make the bond read Isaac Coulson, of the state of 'Virginia,' and county of Davidson, instead of the state of 'North Carolina,' &c. The signature of Isaac Coulson to the bond seems to have been scratched out and again written.

That these alterations have been made since the death of Payne is satisfactorily proved; it is clear that no one having any interest under the bond, could have had a motive to alter it, as seems to have been done. If, by the alterations, the obligation of Coulson had been increased, either as to the time of payment, the sum to be paid, or the number of acres to be conveyed, Payne or his heirs might have had some motive of interest to make them; but their interest was directly opposed to any act, which would impair the validity of the bond, or cast suspicion upon it.

It is proved that, after the death of Payne, the bond was in the possession of those who claimed the land adversely to it; so that its destruction would have advanced their interests. It is fair, therefore, to presume, that if the alterations were made by design, they could not have been made by any one claiming under the bond, but must have been made by some one who had an interest in destroying it.

By this bond Coulson agreed to pay to Payne 100 pounds in twelve months, or in lieu of the money, to convey the land.

It is alleged in the bill that Coulson elected to pay the 100 pounds by a conveyance of the land, and that Payne agreed to receive it.

This is a clear case of election by the obligor; and a conveyance of the land or the payment of the money, within the time specified, would have discharged the obligation. The money has not been paid; and although there is no positive proof that an election was made during the life of Coulson to pay the land, yet, from the facts and circumstances of the case, and the condition of the obligation, there can be no doubt that those who claim under it have a right to consider it now as an absolute bond for the conveyance of the land.

The statute of limitations is set up as a bar to the relief sought by the bill; and as this is a ground more relied on by the counsel than any other, it requires a most careful examination.

In the ninth section of 'an act concerning proving wills, and granting letters of administration, and to prevent frauds in the management of intestates' estates,' enacted by North Carolina in 1715, and which is now in force in Tennessee; it is provided, 'that creditors of any person deceased shall make their claim within seven years after the death of such debtor, otherwise such creditor shall be for ever barred.'

Under this statute the question arises, whether the representatives of Payne, in asserting their claim to the land in controversy, can be considered creditors? Whether, in a case where the relation of vendor and vendee exists, the consideration having been paid, and a naked trust only has descended to the heir, he can protect himself under this statute, after the lapse of seven years, against a bill for a specific performance.

It is insisted by the defendant's counsel, that this is not considered an open question in Tennessee; and that in pursuance of the rule of decision in this court, to adopt the construction given to its statutes by the supreme court of a state, the question must be considered here also as settled.

The first case, Smith v. Hickman's Heirs, referred to is in Cooke 330. In this case, the reporter says, 'the bill states that the ancestor of the defendants, sometime in the spring of 1789, executed an obligation to the complainant, binding him to convey six hundred acres of land, within a reasonable time; that the said ancestor died intestate, in the year 1791, leaving the defendants his heirs at law; and that administration of the personal estate was committed to his wife and two other persons. That the obligation has not been complied with; and that the defendants refuse to satisfy the same, although there is a large estate descended to them both real and personal. The bill prays for a specific performance.' To this bill the statute of limitations was pleaded in bar.

In their opinion, the court say, 'it has been insisted that the complainant is not a creditor, on account of the demand not being of a pecuniary nature; but, as it is the duty of this court to examine this point, they feel satisfied that as to that he is within the act. All persons are considered creditors that have demands originating from contracts or agreements.' And in answer to the arguments of counsel, that the statute could have had no reference to heirs, but to the personal representatives and the personal estate; the court remark, 'the only inquiry is, whether it were reasonable that the legislature should think of the situation of heirs, in respect to the debts of their ancestors;' and again-'if no lapse of time can secure the estate thus descended, the peace of society would be much disturbed. Recoveries might be made of one, of many heirs, and suits for contribution must take place.' And further, 'it is admitted, in argument, that it is reasonable legatees and distributees should know when they may be at rest.'

From the statement in the bill, it does not appear that the conveyance of any specific tract of land was prayed for, and it would seem from the fact of the personal representatives being named in the bill, and an averment that a large estate, both real and personal, descended to the defendants, that the object of the suit could not have been a title, but to subject the property descended to the heir to the payment of the claim. On no other supposition can the language of the bill receive a sensible construction.

If the bill had been filed to obtain a decree for a title to a specific tract of land, would the administrators have been named in it; and could it have been thought necessary to aver that a large estate, both real and personal, descended to the defendants?

Whether the heirs inherited any estate, or not, beyond the particular tract, was wholly immaterial. If they were naked trustees, they could be held responsible as such; and the administrators were neither necessary nor proper parties to the suit.

It is true, the language used by the court, in the first quotation above made, is general, and would embrace a case of trust; but such does not appear to have been the case before them. And this fact seems to be clear of doubt, when the language of the court, from other parts of their opinion, as above quoted, is considered in connexion with the case made in the bill.

RootsWeb's WorldConnect Project: BARNES/GREGG + other CLAN of HEWINS KANSAS

2011-01-12T13:28:00.000-08:00

RootsWeb's WorldConnect Project: BARNES/GREGG + other CLAN of HEWINS KANSAS
Josiah Payne or Paine, and Martha Sheppard

Trac-Oolong-thingy's: RootsWeb's WorldConnect Project: BARNES/GREGG + other CLAN of HEWINS KANSAS

2011-01-12T13:27:00.000-08:00

Trac-Oolong-thingy's: RootsWeb's WorldConnect Project: BARNES/GREGG + other CLAN of HEWINS KANSAS

Deep Smith Roots ~ By Margaret Robe Summitt, Ph.D.

2011-01-12T12:48:00.000-08:00

Deep Smith Roots ~ By Margaret Robe Summitt, Ph.D.
vi. Elizabeth b. 5th of 12th mo 1724; she was reported 18th of 7th mo 1752 by West Nottingham PM as having married out of union to Isaac Coulson, "and it is supposed they are guilty of fornication;" both were disowned the 21st of 10th mo 1752;

Miller County Milling - Miller County Museum & Historical Society

2011-01-12T10:27:00.000-08:00

Miller County Milling - Miller County Museum & Historical Society
GLAZE CREEK MILLS

Following the Civil War, Hugh Snelling operated the grist mill erected in the 1850's by Scott Strong and William Salsman, on the Wet Glaze Creek, doing an extensive business.

On February 15, 1868, Hugh Snelling and William Pope agreed, each furnishing one-half of the expenses, to erect a saw by the grist mill; running the saw one-half of each day and one-half of each night, the grist mill running when the saw was idle.

Immediately installing the machinery, the saw, when completed in 12 hours running time, easily turned out 400 to 500 feet of lumber and plan, Snelling and Pope then agreed, in writing, repairs to the mill dam would be shared equally.

In September 1868, Hugh Snelling sold his one-half interest in the saw to Levi W. Albertson; also, one-half of his interest in the grist mill; the firm styled thereafter, Snelling, Albertson, & Pope.

The mill dam on the Auglaize Creek was situated where the waters rushed with great velocity, and fell with much force. "The stream is very rapid at the dam," Snelling said, "The fall is about five and one-half feet per mile. The dam is 16 or 17 years old, constructed of stone and timber."

In 1869," Snelling continued, "Pope came to me and named that he was about to sell to Albertson his interest in the saw for $1,400, and I replied, all right. The next day, on February 19, Albertson took complete possession of the saw, but as soon as put in possession Albertson would not do what Pope had done in keeping the dam repaired."

"When Albertson went into possession the dam was 5 1/2 feet high," Snelling said, "Then a rise in Glaize Creek reduced the height to less than 4 feet. I worked 42 1/2 days repairing the dam, spending over $300 boarding men and teams, furnishing powder, fuse, materials, and labor. The dam was in a critical condition when Albertson took possession; the reservoir filled with gravel to the spill-over."

"When I asked Albertson, "Snelling continued, "To pay his part for having the dam repaired, he would not do it, saying he had no contract. When I asked Pope to honor his written agreement, he would not do it, saying Albertson was the sole owner, that it was his obligation."

Snelling, Albertson and Pope, each suing the other over various rights and breaches of contract, continued litigation until the issues were finally resolved by the Supreme Court of Missouri.
GOLDEN'S MILL

L.W. Albertson operated a mill in Osage Township for three years, from 1866 to 1869, before moving to the Glaze Creek. Nearby, to the south and slightly east on the Big Tavern Creek, John C. Barr and Joseph Golden were partners, having commenced in the late 1850's, keeping a store and grinding grist.

On August 12, 1862, the partnership was dissolved by mutual consent; Golden remaining in the mercantile and milling business, John C. Barr becoming owner of the Steamboat Little Jack. Golden then installed carding machinery; doing a thriving business throughout the Civil War.

Alexander and William Wilson, Lafayette Crane and Allen P. Griffin worked at the place; the enterprise running day and night. Wood haulers for the furnace were paid with meal; bread stuff at that time of much greater importance than money.

In 1865, Everett W. Golden becoming proprietor of the store, mill and carding machinery, immediately added a distillery to the enterprise, making an abundance of good corn whiskey which was shipped in barrels to St. Louis by steamboat from Capps' Landing.

In 1868, to handle the many customers patronizing the place, Randolph Abbett opened a dram shop at the mill.

My Genealogy Home Page:Information about Early Albertson

2011-01-12T10:15:00.000-08:00

My Genealogy Home Page:Information about Early Albertson

Includes NotesNotes for Early Albertson:
Revolutionary War ... pension application for family details.

More About Early Albertson:
Residence: 1860, Davis, Caldwell, Missouri.18

Children of Early Albertson and Mary Wood are:

1. John A. Albertson, b. 1813, d. 1874.
2. Susanna Albertson, b. 1814, d. date unknown.
3. Nancy Albertson, b. 1816, d. date unknown.
4. Elizabeth Albertson, b. 1818, d. date unknown.
5. Jesse Albertson, b. 1819, d. date unknown.
6. Levi Wood Albertson, b. 1821, d. 1880.
7. Early Jr. Albertson, b. 1824, d. 1880.
8. Mary Albertson, b. 1827, d. 1900.

Children of Early Albertson and Minerva Farris Foster are:

1. Martha Albertson, b. 1836, d. date unknown.
2. Jane Albertson, b. Abt. 1837, d. date unknown.
3. Thomas Albertson, b. 1845, d. date unknown.
4. George W Albertson, b. 1850, d. 1936.
5. Joel J Albertson, b. 1853, d. 1930.