In Equity

Randolph County

PETER CRAVEN SENIOR and the Heirs at law of PETER CRAVEN JUNIOR to wit JOSHUA CRAVEN, HANNAH BRAY, JOEL CRAVEN, HENRY CRAVEN, TIDENCE LANE and his wife, REBECCA, WALTER MURROW and his wife, NANCY, and the descendents of WILLIAM CRAVEN dec'd to wit, PETER CRAVEN and NANCY CRAVEN MACON wife of WILLIAM MACON

Humbly complaining here with unto your Honor your Oratrix POLLY CRAVEN of Randolph County, that on the 11 th day of June 1830, she intermarried with PETER CRAVEN JUNIOR of Randolph County, who departed this life on the 19th day of September of the same year, leaving a will in which he disposes of his personal property, but makes no disposition of his real estate and leaving no issue, the following heirs to at law to wit, JOSHUA CRAVEN, JOEL CRAVEN, HENRY CRAVEN, HANNAH, BRAY, REBECCA LANE, wife of TIDENCE LANE, NANCY MURROW, wife of WALTER MURROW and the children of WILLIAM CRAVEN dec'd to wit PETER CRAVEN and NANCY MACON, wife of WILLIAM MACON.

Your Oratrix further shows to your Honor that she is informed and believes that PETER CRAVEN SENIOR some years ago (the precise time your Oratrix does not know) executed a Deed of conveyance to the land PETER CRAVEN JUNIOR and his heirs for a certain tract of land on the waters of Deep River in said County containing about three hundred and twenty four acres, the metes and boundaries of which your Oratrix is unable to describe, which said deed was signed sealed and delivered as your Oratrix is informed and believes, in the presence of ROBERT MOFFITT and SOLOMON CRAVEN who were then citizens of and now reside in the county of Randolph.

Your Oratrix further shows that the said PETER CRAVEN, JUNIOR was the son of the said PETER CRAVEN, SENIOR and that the said father and son had lived together in the same house on said tract of land from the execution of the said conveyance to the death of the said PETER JUNIOR and that the said PETER SENIOR living in the same house and having access to the papers of his son, immediately after the death of the said PETER JUNIOR, as your Oratrix is informed and believes got possession of said Deed and has either destroyed or concealed it so that your Oratrix cannot have her dower laid off and assigned to her, at law, the said Deed not having been proven and registered.

Your Oratrix further shows to your Honor that on the 9th of October, 1830 to said PETER CRAVEN SENIOR issued out a Writ of Ejectment against your Oratrix for the purpose of putting her out of the possession of said tract of land, which suit is now pending in the Court of Pleas and Quarter Sessions for said County and the said PETER CRAVEN SENIOR threatens to dispose her entirely of said land and every part there of. All which actings and doings are contrary to Equity and good conscience and tend to the prejudice of your Oratrix and for as much is remediless in the premises save only in this Honorable Court where matters of fraud and oppression are cognizable and relievable and to the end that the said PETER CRAVEN SENIOR may be compelled upon his corporal oath, full true and perfect answers to make all and singular the premises in as full and ample a manner as of the same were herein again repeated and him thereunto interrogated and more especially that he be compelled to answer and say if a deed of conveyance in fee simple, was not by him signed, sealed and delivered to his son PETER CRAVEN JUNIOR in the presence of ROBERT MOFFITT and SOLOMON CRAVEN for the tract of land on which the said PETER JUNIOR lived at the time of his death, and that he set forth the metes and boundaries mentioned in said deed.

Your Oratrix further prays that this Honorable Court may cause Dower to be laid off and assigned to her in said tract of land; and to the end that the said PETER CRAVEN SENIOR may be enjoined from ejecting your Oratrix from the Mansion House and out Houses there unto belonging or appertaining on said tract of land and that your Oratrix may have such other and further relief in the premises as to your Honor shall deem agreeable to Equity and good conscience may it please your Honor to grant to your Oratrix a writ of injunction, to be directed to the said PETER CRAVEN SENIOR his counselors, aides and abettors, commanding them and each of them, under the pains and penalties of a contempt of this Court to abstain from ejecting your Oratrix from the Mansion House and out houses thereunto belonging or appertaining on said tract of land, until the further order of this Court. -- And also the State's Writ of Subpoena to be directed to the said PETER CRAVEN SENIOR, JOSHUA CRAVEN, JOEL CRAVEN, HENRY CRAVEN, HANNAH BRAY, TIDENCE LANE and his wife REBECCA, WALTER MURROW and his wife NANCY and to PETER CRAVEN and WILLIAM MACON and his wife NANCY, children of WILLIAM CRAVEN, deceased, commanding them to appear before your Honor in this Honorable Court on the 4th Monday in March next, then and there to answer your Oratrix's Bill of Complaint and to stand to, abide by and perform such order and decree in the premises as to your Honor shall deem right and then as in duty bound will ever pray.

JON A. WORTH for Complainant

POLLY CRAVEN maketh oath that the several matters of fact contained in this her Bill of Complaint against PETER CRAVEN SENIOR and others which are of her own knowledge are true and those not of her own knowledge thus believed to be true.

              her

POLLY X CRAVEN

Sworn and subscribed before mark

me this 8th day of February 1831

B. ELLIOTT, C.M.E.

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(The following decree is very hard to read - BCL)

North Carolina

I allow and own the injunction proposed for by the complainant out to be issued as prayed for upon the complainant letting judgement go against her in the suit at law mentioned in the Bill & _____?____ to bring no writ of error thereon & also giving bond

in the form of two hundred pounds to PETER CRAVEN SENIOR with good surety to be approved the defendant and others to pay such rent as the premises touching _____?___

the injunction as prayed may be reasonably worth giving her occupation thereof & also giving land with surety to moment this sent with effect allowing to the intention such made and provided.

MONROE RUFFIN ______?_____

February 10th 1831

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WE the undersigned, do hereby acknowledge ourselves indebted to Peter Craven Senior

and others in the sum of one hundred pounds, for the faithful prosecution of a suit this day commenced in the name of POLLY CRAVEN against PETER CRAVEN SENR, & OTHERS HEIRS AT LAW of PETER CRAVEN jr. IN THE COURT OF EQUITY FOR RANDOLPH COUNTY and in case of a failure in the said suit, that she the said POLLY

CRAVEN do pay and satisfy all the cost and charges that may accrue thereon. Witness our hands and seals, this 15th day of February Anno Domini, 1831.

Witness her

Polly X Craven

B. Elliott mark

H. Moffitt

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To the sheriff of Randolph County, Greeting:

You are hereby Commanded to make known to PETER CRAVEN SENIOR, JOSHUA CRAVEN, JOEL CRAVEN, HENRY CRAVEN, HANNAH BRAY, Tidence LANE & his wife REBECCA, PETER CRAVEN and WILLIAM MACON & his wife NANCY that they laying aside all manners of excuse do personally be and appear at our next Court of Equity to be held for this County of Randolph at the Court House in Asheboro on the 4th Monday in March next, then & there to answer the Bill of Complaint filed against them by POLLY CRAVEN; 7 to stand to abide by & perform such order & deem in the premises as our said Court may make therein; & this they shall in no wise Omit, under the penalty of one hundred pounds.

Witness BENJAMIN ELLIOTT Clerk & Master of our said County at office in Asheboro the 4th Monday in September A.D. 1830

signed March 1, 1831

B. ELLIOTT C.M.E.

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State of North Carolina

To The Sherriff of Orange County Greeting:

You are hereby commanded to make known to WALTER MURROW and his wife NANCY, that they laying aside all manners of excuse do personally be and appear before the Judge at our next Court of Equity to be held for the Couny of Randolph at the Court House in Asheboro on the 4th Monday of March next, then and there to answer to the Bill of Complaint filed against them and others by POLLY CRAVEN; and to stand to abide by and perform such order and appended as our Court shall make in the premises, and this they shall in no wise omit under the penalty of one hundred pounds.

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State of North Carolina

In Equity

Randolph County

The Separate answer of PETER CRAVEN, SENIOR to the Bill of Complaint of POLLY CRAVEN against him and others.

This defendant raving and screaming to himself the length of all manner of exception to this complainants Bill and the privilege of further answering to the many untruths and uncertainty therein contained for owner think said that he admits that PETER CRAVEN, JR. married, executed a will, died and left the Heirs at law all as described in complainants Bill.

This defendant states touching the paper writing maintained in said Bill and then called a deed, that the same is her attached and Marked A, and is the identical papers itself with the exception of this Defendants name and that of the subscribing being taken off said papers under the circumstances hereafter disclosed.

This defendant shows that PETER CRAVEN had always lived with this Defendant, and at the time of writing said paper was about 49 years old, that he had frequently emphasized his determination never to marry, and to live with this defendant and his mother during their lives; this defendant having many children and little or no property, except the land mentioned in said paper to divide among them determined that said PETER should have said land after the death of this defendant and to secure the same to said PETER his son after his death, he thought it prudent to execute some paper writing to effect that purpose, but at the same time being fully determined to retain the right of property and possession and the entire control of and over said land in this defendants own hand during his own life.

This defendant accordingly pronounced one ROBERT MOFFITT to draw said instrument Marked A and signed the same and had it witnessed and had it expressly inserted in said instrument that it was to be witnessed after his death and at the same it was expressly agreed between said PETER and this Defendant that after the death of this Defendant said PETER was to permit this Defendants wife and his sister HANNAH, a widow, to remain upon said land during their lives -- This defendant has no recollections whatever of anything like a formal delivery of said instrument to said PETER, but does recollect that he intended to keep possession of it during his lifetime, and accordingly after the same was witness this Defendant decided with his son PETER or his son HENRY and he does not recall which, to take said instrument and put it in this Defendants trunk with his other deeds and papers where to remain until after the death of said PETER.

This Defendant states that it was not intended by him that said PETER should have any freehand in said land during his life, nor was it so understood by said PETER; for this Defendant shows that, upon application being made to said PETER to sell a part of said land, he expressly stated the he had no right to the same until after the Defendant's death and could not do so -- and that he believed he had no title, is well known to complainant, for this Defendant shows, at the time said PETER made his will and gave his personal property or the most of it to his wife.

Complainant requested him in said will to give her a part of said land, which said PETER refused to do, stating to her he had to right thereto until after this Defendants death -- and this Defendant further shows and will be able to prove immediately after said PETER'S death, that complainant said she would have to leave the land or said PETER had no right to other same during this Defendants lifetime.

This defendant admits after the death of said PETER he took from said instrument his name and that of the witnesses; but he positively denies claims that he did it with any fraudable intent whatever, or to deprive Claimant of her Dower, for this defendant did not believe her entitled to dower, nor did he believe she would attempt to get any, and this Defendant states that he destroyed the same learning his son PETER was then dead without issue, and this Defendant had not determined what other distribution he should make of the same and this shows that the reason he did not destroy the whole instrument was that he retained, as the lands had been run out and the distrust filled up from actual memory.

This defendant therefore submits whether the instrument upon its face and whether from the parts herein set forth is not testimony in its character.

This defendant further submits, whether the complainant will be entitled to dower, if said instrument should operate as a deed in as much as it was not to be proven and of course not to be registered until after this Defendants death, so that said other could not be assigned of said lands during this defendants lifetime.

This Defendant admits that he has brought an action of Ejectment to turn the complainant out of possession; and fully intended to have Dower so had the said been restrained by this Honorable Court and unnatural or unkind on it my ruin. This defendant feels properly justified for the following reasons.

The Defendant shows that PETER was of advanced age. That he married the Complainant who was the widow WILLIAMS and had several (those of unknown lives with her) children, that lived with him 3 months and 9 days from his marriage to his death and this Defendant knew not of said marriage until the morning before his marriage that he brought the Complainant to the Defendants home where he lived and this Defendant being badly treated by her children left his own home and went to live with his son HENRY after the death of said PETER, wherein he now lives.

But another my strong reasons with this Defendants for getting Complainant off of said land is that she is committing waste therein by letting meadows go to destruction and farm and houses go to ruin. Winston & Morehead

For Defts

PETER CRAVEN, SENIOR makes oath that the facts set forth in the foregoing answer, which are within his own knowledge are true and the rest he believes to be true.

his

PETER X CRAVEN

Sworn to and subscribed before mark

me this 1st April 1831.

B. ELLIOTT, C.M.E.

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This separate answer of HENRY CRAVEN to the bill of complaint of POLLY CRAVEN against PETER CRAVEN, SR., HENRY CRAVEN and others ------

This defendant for answer to so much of the complainants bill as he is advised it is material and necessary for him to answer saith that he was present when his Father PETER CRAVEN SR. executed the paper writing the substance of which the bill purports to set forth on which paper writing is __________ to the answers of PETER CRAVEN, SR. To the best of his knowledge and recollection the paper writing aforesaid was not formally delivered as the deed of the said PETER, SR., nor delivered at all as the deed of the said PETER unless the following fact constitutes delivery towit - After the writing was signed and witnessed PETER CRAVEN, SR.. directed this defendant or his brother PETER CRAVEN, JR.. he does not remember which of them -- to put the paper in his the said PETER SNR.'s chest where his valuable papers and deeds were kept -- This direction was immediately obeyed. This defendant further answering with that at the time of the execution of the paper writing aforesaid it was well understood by all the persons present that PETER CRAVEN, SR. was to retain possession of and control of the land during his life and that the wife of the said PETER, this defendant's mothers was to have possession of it during her life in case she survives her husband and that PETER CRAVEN, JR. was not to have any estate in the land until the death of his Father and Mother -- nor did the said PETER, JR. as this defendant is informed and believes ever claim or intend to have any other right to or estate in the land but on the contrary always declared that he had no other right or title and positively refused to make any disposition

of the land when applied to for that purpose as giving his reason that the land belonged to his Father and that he then said that PETER, JR. was not to have any estate in it until the death of his Father and Mother and that he the said PETER, JR. had no power to sell or devise it ------

Morehead & Winston for Deft.

HENRY CRAVEN maketh oath that the several matters affect set forth in this his answer as his own knowledge are true and that he believes to be true those matters of fact which are not stated as of his own knowledge ------. HENRY CRAVEN

Sworn to before me, April 1, 1831. B. ELLIOTT, CME

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State of North Carolina

Randolph County

In obedience to a commission to us JAMES ELLIOTT & BENJAMIN ELLIOTT, directed from the Court of Equity for this County of Randolph, aforesaid, we have caused MATTHIAS WILSON & POLLY his wife, HENRY CRAVEN & SUSANNAH his wife, DANIEL CRAVEN & PETER CRAVEN/ of HENRY/ to appear before us at the House of General (?) GEORGE HOOVER in the town of Asheboro on this 25th day of October AD 1831 and after being duly sworn to tell the truth, the whole truth and nothing but the truth touching & concerning all such matters & things as they know of & concerning a certain matter of controversy now pending in the Court of Equity for the County of Randolph, aforesaid wherein POLLY CRAVEN is plaintiff & PETER CRAVEN & others are defendants, deposeth & saith as follows to wit: HENRY CRAVEN, about seventy years of age, deposeth & saith that he was at the House of PETER CRAVEN, one of the Defendants in this case, who told him, in the presence of his son PETER, late the husband of the plaintiff in this case, that he intended to make his said son PETER, a deed to the land that he, the said PETER, SNR. they lived on; but that he did not intend for his son PETER to have the land, until after his, the said PETER, SR.'s, death and that he intended to have it inserted at the bottom of the deed that it should not be proven and registered until after his, the said PETER, SR's death; That he, the said PETER, SR. did not intend to put the land out of his hands while he, the said PETER, SR. and MAMA, meaning his the said PETER SR's wife lived, for if she out lived him, she must have a home after his death. That he, said Peter Jr., the son, replied that was all he wanted to have the land served to him after his father's death and further this desponant saith not.

HENRY CRAVEN

SUSANNAH CRAVEN, sixty two years of age, deposeth & saith that she was present with her husband, HENRY CRAVEN, whose deposition has just been taken, at the house of PETER CRAVEN, SR. aforesaid, that she recollects the conversation as stated by him, just as he stated it. her

Susannah X Craven

              mark

DANIEL CRAVEN, about twenty three years of age, deposeth & saith that, he the said

DANIEL & SOLOMON CRAVEN, Esq. was walking along the road between PETER CRAVEN, SR. & the said SOLOMON, where in, the said DANIEL, asked the said SOLOMON, where the line was between the said PETER & the said SOLOMON; that the said SOLOMON replied, he would show him directly; But that said PETER had made a deed for the land to his son PETER, that he, the said DANIEL replied, has he? That the said SOLOMON answered, that he had; for that he, the said SOLOMON & ROBERT MOFFITT, was witnesses to the deed; but that PETER, the son, was not to have the land until after the death of the said PETER, SR. That the said PETER & his wife was to have the land as long as they lived; and that if the Old Woman, meaning the wife of PETER, SR. outlived the said PETER, SR., if HANNAH BRAY wished to do so, she was to live with the Old Woman, her mother, as long as her mother lived. And further this deponent saith not. DANIEL CRAVEN

PETER CRAVEN, about forty years of age deposeth & saith that shortly after the death of PETER CRAVEN, late the husband of the plaintiff in this case & son of PETER CRAVEN, SR. the said PETER, SR., made a sale. That the next day after the sale, he, this deposeth, was at the House of the said PETER,SR. that the said PETER, SR. asked POLLY CRAVEN, the plaintiff in this case, who told her that he, the said PETER, had burned the deed. That he does not recollect her reply. That POLLY CRAVEN, the plaintiff, at the same time, said PETER CRAVEN, her husband, when on his death bed, told her to take all his things & put them in her chest; that she took the top of a bed quilt & put them in her chest. She was then asked by PETER CRAVEN, SR. or HENRY CRAVEN, two of the Defendants, but he does not recollect which, if she took the deed; she replied that she did not. She further said that she was going to her Father's & intended to take a Bill of Sale with her, but forgot it, untill she had gone some distance, & then sent her son for it; That when her son brought the Bill of Sale, he brought the deed with it; & she told him to take it, the deed, back again & put in the trunk; which was called PETER CRAVEN, SR's trunk, but she did not know who it belonged to. And further the deponent saith not. PETER CRAVEN

MATTHIAS WILSON, about thirty two years of age, deposeth & saith that ROBERT MOFFITT, one of the subscribing witnesses to the deed made by PETER, SR. to PETER CRAVEN his son, was at his, this deponent's house, some time since PETER CRAVEN, SR. filed his answer to the Bill of Complaint in this case; and told him, this deponent, that he, the said ROBERT & SOLOMON CRAVEN, Esq. who was also a witness to the said Deed, have talked together at Court, & he, the said ROBERT, though that the best thing they could do was to deny the Deed; & so they both concluded & done so.

Question by Complainant:

What was the conversation PETER CRAVEN SR., had with you, as you walked to the graveyard, while PETER CRAVEN his son lay a corps at the House?

Answer:

He told me he was ruined. I told him, that I hoped not; He said he was; that PETER was now dead & the land belong to him; meaning his son PETER, That he wanted to try to let JACKSON have it/ meaning one of his grandsons/ if he could. And further this deposeth saith not. MATTHIAS WILSON

POLLY WILSON, about twenty five years of age deposeth & saith that she was present & heard the conversation between her Husband, MATTIAS WILSON & ROBERT MOFFITT mentioned in his Deposition & that she understood that dictations and statements of the said ROBERT precisely as stated by her Husband in his deposition. And further this deponent saith not. POLLY WILSON

Sworn to & subscribed before us, the complainant POLLY CRAVEN and the Defendants JOSHUA CRAVEN & HENRY CRAVEN being present at the time & place above mentioned. B. Elliott, JP

J. Elliott, JP

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Polly Craven
vs                                   In Equity
Peter Craven, Senior

Injunction to her continued untill the hearing.

DS_________?

Greensboro

29 Apr. 1831

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State of North Carolina

To Benjamin Elliott & James Elliott

Esquires of the County of Randolph GREETING:

WE resposing especial trust and confidence in your integrity, do authorise and empower you to cause Mathias Wilson & wife Polly, Henry Craven & wife Susannah, Daniel Craven & Peter Craven /of Henry/ to appear before you, at such time and place as you may appoint, and their oath to examine touching all such matters and things as they shall know of and concerning a certain matter of controversy in our Court of Equity for the County of Randolph pending, wherein Polly Craven is Complainant and Peter Craven and others are defendants.

And these depositions in writing by you so taken, the same to transmit, sealed with your seals, to said Court of Equity to be held for the said county, on the 4th Monday of March next, to be read in evidence in behalf of this Defendants in said controversy. Witness, John Daniel Clerk of our said Court, the 4th Monday of September 1831.

Issued the 1st day of Oct 1831. John Daniel, C.M.E.

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State of North Carolina

To: JOSEPH SPURGIN & WILLIAM RAPER, Esq.

We reposing special trust and confidence in your integrity do authorize and impower you to cause SAMUEL CRAVEN to appear before you at such time and place as you may appoint and him on oath to examine touching all such matters and things as he may know of and concerning a certain matter of controversy in our Court of Equity for Randolph County pending where in POLLY CRAVEN is Complainant and PETER CRAVEN, SR. & others Defendants and his deposition in writing by you so taken the same to transmit sealed with your seals to our said Court of Equity to be held for said County on the 4th Monday of March next to be read in evidence in behalf of PETER CRAVEN, SR. & others in said controversy.

Witness JOHN DANIEL, Clerk and Master of our said Court of Equity at office the 4th Monday of September 1831.

JOHN DANIEL C.M.E.

issued the day of

AD 1831

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STATE OF NORTH CAROLINA

To the Sheriff of Chatham County, GREETING:

You are hereby commanded to make known to PETER CRAVEN that he laying aside all manner of excuse do personally be and appear at our next Court of Equity to be held for the County of Randolph at the Court House in Ashboro on the 4th Monday of March next then and there to answer to the bill of complaint filed by POLLY CRAVEN against you and others and to stand to abide by and perform should order and desire in the provinces of our said Court may make, and then they shall in no wise omit under the penalty of one hundred pounds.

Witness JOHN DANIEL Clerk and Master of our said court

at office in Ashboro on the 4th Monday of September 1831

Issued 11th Nov. 1831

JOHN DANIEL C.M.E.

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Mssrs. PETER CRAVEN SENIOR and HENRY CRAVEN and JOSHUA CRAVEN

You are hereby notified

that on the 23 rd day of January next in the Town of Asheboro I shall take the deposition of ROBERT MOFFITT and others to be read in evidence in the suit now pending in the Court of Equity for Randolph County, wherein I am Complainant and you and others are Defendants.

Nov. 14th 1831 POLLY CRAVEN

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State of North Carolina

To BENJAMIN ELLIOTT and JAMES ELLIOTT Esquires of the County of Randolph GREETING:

We reposing special Trust and Confidence in your integrity do authorize and inform you to cause ROBERT MOFFITT, SOLOMON CRAVEN, and WILLIAM MOFFITT to appear before you, at such time and place as you may appoint ant then on oath to examine, touching all such matters and things as they may know of and concerning a certain matter of controversy in our court of Equity for the County of Randolph pending, where in POLLY CRAVEN is Complainant and PETER CRAVEN, SR. and others are Defendants and these depositions in writing by you so taken, the same to transmit, sealed with your seals to our Court of Equity to be held for said county on the 4th Monday of March next to be read in evidence in behalf of the Complainant in said Controversy.

Witness JOHN DANIEL Clerk and Master of our said Court

at Office the 14th day of January AD 1832

JOHN DANIEL C.M.E.

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State of North Carolina

Randolph County

To POLLY CRAVEN Take notice that

on the 14th of February next at the House of JAMES ELLIOTT in the town of Asheboro. I shall proceed to take the depositions of SAMUEL CRAVEN and Others to be read in the trial in the suit now pending in the Court of Equity for Randolph County, wherein you are Complainant & I am defendant and others.

PETER CRAVEN, SNR.

January 23 rd 1832

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To Esquires of the Court of

Randolph Greetings:

We reposing special Trust & confidence in your integrity do authorize and empower you to cause JOSEPH BRAY.

To appear before you at such time & place as you may appoint and herein on oath to examine touching all such matters and things as he may know of and concerning a certain

matter of controversy in our Court of Equity ending wherein POLLY CRAVEN is complainant and PETER CRAVEN SR. and others are Defendants and their deposition by you so taken in writing sealed with your seals, then come to transmit to our said Court of Equity to be held for said County on the 4th Monday of March next to be read in evidence in behalf of the Complainant ----- in said Controversy. Witness JOHN DANIEL, Clerk & Master of our said Court at office the 14th day of February AD 1832

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State of North Carolina

Randolph County

In Obedience to commission us, JAMES ELLIOTT and BENJAMIN ELLIOTT two of the Justices in and for the aforesaid, from the Court of Equity for the County aforesaid, we have caused to come before us at the House of JAMES ELLIOTT in the Town of Asheboro, ROBERT MOFFITT, SOLOMON CRAVEN and WILLIAM MOFFITT, who after being duly sworn, to tell the truth, the whole truth and nothing but the truth of & concerning what they may know in a certain matter of controversy now pending in the Court of Equity for the County of Randolph aforesaid, where in POLLY CRAVEN is Complainant and PETER CRAVEN SNR., JOSHUA CRAVEN & HENRY CRAVEN, three of the Defendants being present deposeth & saith towit.

SOLOMON CRAVEN, ESQ. deposeth & saith that four or five years ago, he went to where PETER CRAVEN, SNR. was cutting wood, at the upper end of the meadow. That his uncle, the said PETER, told him that he was glad he had come; for he was going to make PETER/ meaning his son PETER, JR. a right to his place. That he always intended to give him the lower place' but that he had conceded to make him a right to the upper place/ meaning the homeplace/. That a short time afterwards, Say within one month; he the said SOLOMON was asked to, & did help measure some of the lines of the home tract of land, & afterwards, on the same day, he went to the said PETER CRAVEN, SNR.'s house and that the said PETER was sick & lying on his bed. That the said PETER CRAVEN, SNR. asked ROBERT MOFFITT to write a Deed for the land; who done so, & the said PETER, SNR. executed this deed to his son PETER; & that he, the said SOLOMON & the said ROBERT MOFFITT became subscribing witnesses to the said deed. That the said PETER, SNR. Gave this deed of conveyance to his son PETER, and told him to put it away; but before he the said PETER, JR. put the deed away, the said PETER, SNR. told him that he did not wish him to have the Deed recorded in the said PETER, SNR's lifetime; for that MAMA/ meaning his wife & me will want to live on the place our lifetime; that PETER, JR. pledged to be said, daddy I shall never turn you off; for I have always taken care of you I& I intend to do; while I live. The said PETER, JR. then went into the room with the deed. That the said PETER, SNR. give in the land to him, the said SOLOMON, as his taxable property for two years, that after the said PETER CRAVEN, JR. was dead, the said PETER CRAVEN, SNR. asked him the said SOLOMON, if he the said PETER, SNR. had not better get the deed & tear his name out of it.

Question by the Complainant. Did you hear the deed read at the time it was executed?

Ans: I did.

Ques. 2 . Did the deed, or did it not, contain a clause, that it should not be proven during the lifetime of the said PETER CRAVEN SNR.?

Ans: I have no recollection that it did.

Ques. 3. Are you acquainted with the handwriting of ROBERT MOFFITT?

Ans: I am.

Ques. 4. Is the paper writing here shown to you & the one admitted by the Defendants present, to be the one referred to in PETER CRAVEN, SNR's Answer to the Complainants Bill in the hand writing of ROBERT MOFFITT?

Ans: I can not says whether it is or not.

By Defendants

Question 1. Did you not want to buy the upper front of the place, of PETER CRAVEN, JR during his life?

Ans. I did, I offered to give him one hundred dollars for what was on my side of Roberts Road. He the said PETER answered that if I would offer him two hundred dollars, he would begin to talk about it.

Question 2: Did not PETER CRAVEN, JR. say that the right was not his, but his fathers?

Ans: He did not

Question 3. Did you not tell PETER CRAVEN, SR. since the death of PETER CRAVEN, JR. that you wanted the land?

Ans. I did. I told him I would give a fair price for the piece of land north of Roberts Road.

Question 4: Did not PETER CRAVEN SNR. tell you that he never intended breaking the land in his lifetime?

Ans. I do not recollect that he so did.

Question 5: Did you not tell DANIEL CRAVEN, that PETER CRAVEN, JR. was not to have this land until after his father's death?

Ans: No, I did not tell him that. I told him that Uncle/meaning PETER CRAVEN, SNR./ requested the said PETER CRAVEN, JR, not to have it recorded until after his death.

And further this desponant saith not.

SOLOMON CRAVEN

Sworn to and subscribed before us in

Asheboro, this the 14th of February 1832

James Elliott, JP

B. Elliott, JP

ROBERT MOFFITT deposeth & saith that PETER CRAVEN, JR. came to his house. I told him that his Father, PETER CRAVEN, SNR. was going to make him the said PETER CRAVEN, JR. a deed to the land that they lived on. Then the said ROBERT & the said PETER, JR. went by SOLOMON CRAVEN'S & got him to go along with them. That after measuring a line or two of the land they all went to the house of PETER CRAVEN, SNR. who told me that he wanted me to write a deed for him, to his son PETER. That he, the said ROBERT did write a deed of conveyance from the said PETER, SNR. to his son PETER and his heirs for the land on they lived on, containing upwards of two hundred acres. That while he was writing the deed, the said PETER CRAVEN, SNR. requested him two or three times to be shure (sic) and write a good deed. That after he had wrote the deed he read it to the old man, the said PETER, SNR. who signed it; and he the said ROBERT & SOLOMON CRAVEN witnessed it. The said PETER CRAVEN, SNR. then gave the said deed to his son PETER; and requested him not to have the deed recorded in his life time, that he could do as he pleased for it would make no adds PETER, JR. then went into the room.

Question by Complainant

Was it provided in the deed which PETER CRAVEN, SNR. executed to his son PETER, JR. that said deed should not be proven till after the death of the said PETER, SR.

Ans: No it was not.

Question by Defendant

Did -- Is the paper writing here shown to you and admitted by the Defendant present to be the one referred to in PETER CRAVEN, SNR answer to the Complainants Bill, in your hand writing and did you write it:

Ans: No it was not.

I don't know, it may be that I did write it.

Ques. 2 Did you write the words, to wit "This to be proven after my death", which appears in the last line of the paper writing above referred to?

Ans: No I did not.

Ques. 3 At the time you wrote PETER , JR'S Will, did not POLLY CRAVEN, the Complainant insist that --------- the said PETER, JR. Should give her a front of the land now in dispute, by his will, and did not PETER, SNR. reply that he did not intend breaking the land while he lived?

Ans: Yes she did and PETER, JR. said yes, yes, to be shure (sic) she must have part of the land. I do not recollect that PETER, SNR. said anything, except not to mind it.

Question by Complainant

Was PETER CRAVEN, SNR. present when you wrote the will of PETER CRAVEN, JR.

Ans: Yes

Ques. 2 - Did PETER CRAVEN, JR. in the presence and having hearing of PETER CRAVEN, SNR. propose to will a part of the land in dispute to the Complainant POLLY CRAVEN?

Ans: I think he did.

Ques. 3 Did PETER CRAVEN, SR. pretend at this time that the said land did not belong to PETER, JR.

Ans. I don't thing he said anything about that at all; all that is said was not mind that.

And further this disponant saith not.

ROBERT MOFFITT

Sworn & subscribed before us

at Asheboro, Feb. 14th, 1832

B. Elliott JP

James Elliott JP

WILLIAM MOFFITT deposeth & saith that a few days before PETER CRAVEN, JR. took sick, at the time that he died. He, the said WILLIAM was sowing grass seed; and PETER CRAVEN, SNR. came to him, the said WILLIAM, that he the said WILLIAM told the said PETER, SNR. that he was coming down in a few days to see PETER, JR. to buy this piece of land over the branch to which the said PETER SNR. replyed that the said WILLIAM would not get it ------ That after reflecting a few minutes he added - tho its PETERS he can do as he pleases.

And further this desponant saith not.

WILLIAM MOFFITT

Sworn & subscribed before us at

Asheboro Feb. the 14th, 1832

B. Elliott, JP

James Elliott, JP

I don't know, it may be that I did write it.

Ques. 2 Did you write the words, to wit "This to be proven after my death", which appears in the last line of the paper writing above referred to?

Ans: No I did not.

Ques. 3 At the time you wrote PETER , JR'S Will, did not POLLY CRAVEN, the Complainant insist that --------- the said PETER, JR. Should give her a front of the land now in dispute, by his will, and did not PETER, SNR. reply that he did not intend breaking the land while he lived?

Ans: Yes she did and PETER, JR. said yes, yes, to be shure (sic) she must have part of the land. I do not recollect that PETER, SNR. said anything, except not to mind it.

Question by Complainant

Was PETER CRAVEN, SNR. present when you wrote the will of PETER CRAVEN, JR.

Ans: Yes

Ques. 2 - Did PETER CRAVEN, JR. in the presence and having hearing of PETER CRAVEN, SNR. propose to will a part of the land in dispute to the Complainant POLLY CRAVEN?

Ans: I think he did.

Ques. 3 Did PETER CRAVEN, SR. pretend at this time that the said land did not belong to PETER, JR.

Ans. I don't thing he said anything about that at all; all that is said was not mind that.

And further this disponant saith not.

ROBERT MOFFITT

Sworn & subscribed before us

at Asheboro, Feb. 14th, 1832

B. Elliott JP

James Elliott JP

WILLIAM MOFFITT deposeth & saith that a few days before PETER CRAVEN, JR. took sick, at the time that he died. He, the said WILLIAM was sowing grass seed; and PETER CRAVEN, SNR. came to him, the said WILLIAM, that he the said WILLIAM told the said PETER, SNR. that he was coming down in a few days to see PETER, JR. to buy this piece of land over the branch to which the said PETER SNR. replyed that the said WILLIAM would not get it ------ That after reflecting a few minutes he added - tho its PETERS he can do as he pleases.

And further this deponant saith not.

WILLIAM MOFFITT

Sworn & subscribed before us at

Asheboro Feb. the 14th, 1832

B. Elliott, JP

James Elliott, JP

Ans: No it was not.

Question by Defendent

Did -- Is the paper writing here shown to you and admitted by the Defendant present to be the one refered to in PETER CRAVEN, SNR answer to the Complainants Bill, in your hand writing and did you write it:

Ans. I don't know, it may be that I did write it.

Ques. 2 Did you write the words, to wit "This to be proven after my death", which appears in the last line of the paper writing above referred to?

Ans: No I did not.

Ques. 3 At the time you wrote PETER , JR'S Will, did not POLLY CRAVEN, the Complainant insist that --------- the said PETER, JR. Should give her a front of the land now in dispute, by his will, and did not PETER, SNR. reply that he did not intend breaking the land while he lived?

Ans: Yes she did and PETER, JR. said yes, yes, to be shure (sic) she must have part of the land. I do not recollect that PETER, SNR. said anything, except not to mind it.

Question by Complainant

Was PETER CRAVEN, SNR. present when you wrote the will of PETER CRAVEN, JR.

Ans: Yes

Ques. 2 - Did PETER CRAVEN, JR. in the presence and having hearing of PETER CRAVEN, SNR. propose to will a part of the land in dispute to the Complainant POLLY CRAVEN?

Ans: I think he did.

Ques. 3 Did PETER CRAVEN, SR. pretend at this time that the said land did not belong to PETER, JR.

Ans. I don't thing he said anything about that at all; all that is said was not mind that.

And further this disponant saith not.

ROBERT MOFFITT

Sworn & subscribed before us

at Asheboro, Feb. 14th, 1832

B. Elliott JP

James Elliott JP

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

PETER CRAVEN SENIOR, HENRY CRAVEN & JOSHUA CRAVEN

Your are hereby notified that on the 9th day of March next at the House of JOHN LAMBERT, Engr, in the County of Randolph, I shall take the deposition of JOSEPH BRAY, to be read in evidence in the suit now feuding in the Court of Equity for said County wherein I am Complainant and you & others are defendants.

Feb 14th, 1832

POLLY CRAVEN

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

Mrs. POLLY CRAVEN

Take notice that I intend to take the Deposition of SAMUEL CRAVEN at the House of JOSEPH SPURGEN Esquire in Davidson County on the Tenth day of March next To be Read in evidence in behalf of PETER CRAVEN, SR.

When & Where you can attend if you think proper.

February 14th, 1832.

PETER CRAVEN, SR..

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

State of North Carolina

Randolph County

Agreeable to an order of the Court of Equity we met on the 9th day of March 1832 at the house of JOSEPH LAMBERT, Esq. And proceeded after qualifying the said JOSEPH BRAY who deposeth and saith as follows. _______(?)

Questions 1st by the plaintiff - POLLY CRAVEN

Did you, or did you not hear PETER CRAVEN SENR. say he had made his son PETER CRAVEN a deed to his homeplace.

Answer. Shortly after PETER CRAVEN, SNR.. came out of a spell of sickness he came to my house and he told me that he had made his son PETER CRAVEN a deed to his home place.

Quest, 2nd, What date was that in

Ans. As well as I recollect in 1828 or 29

Question 1st by the Defendant PETER CRAVEN, SNR..

Have you or have you not a recollection that it was a conditional deed.

Ans. I have no recollection that it was

Further this deponent saith not

To which we have set our hands and seals the 9th day of March 1832.

JOSEPH BRAY

JOHN LAMBERT Jp

___ ARLEDGE Jp

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

State of North Carolina

Davidson County

Pursuant to the annexed commission to as Directed at the House of JOSEPH SPURGIN in the aforesaid county and on the 10th day of March 1832. Both parties being present by their agents to namely POLLY CRAVEN, PETER CRAVEN, SR. & others we proceeded to take the following deposition of SAMUEL CRAVEN, being the age of forty five, who having been first sworn with an uplifted hand and swears as Following the deponent saith that in December of 1830 or March 1831 in Moore County, SOLOMON CRAVEN told me that he was subscribing witness to a deed that PETER CRAVEN made to his son PETER CRAVEN. He further saith that the said PETER CRAVEN SR. said that he & his wife was to their maintenance of the said land, and his son PETER CRAVEN answered yes, he further saith that after the Deed was executed, that the witness offered PETER CRAVEN, JR. the deed, he answered give it to my Father to keep for me.

Question by the Defendant

Question: SAMUEL, where was we when I should have had this long conversation?

Ans. In Moore County near the CourtHouse.

Question: Was it day or night?

Ans. In the day time

Question: Did we just stop on the way to have the conversation?

Ans. We was going together to the CourtHouse.

Question: And who was present.

Ans. I don't recollect that any person was present at the time.

Question: SAMUEL, what sort of Character does SOLOMON CRAVEN bear on.

Ans. I am not acquainted with his character at this time when I was acquainted with him his character it stood fair.

Question by the Plaintiff

Question: You don't recollect that you had any more conversation with him on that subject?

Ans. I don't

Question: did you think from the conversation that you and SOLOMON CRAVEN had thought that SOLOMON thought that the Old Man had put the write of his land out of his hands.

Ans. I thought from the conversation that SOLOMON thought that the Old Man had a claim on the land during his lifetime.

Further this deponent saith not.

SAMUEL CRAVEN

J. SPURGIN

WM. RAPER, JR.

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

State of North Carolina

To James Hodgen and Alexander Craven _________

Esquires of the County of Randolph GREETING:

WE resposing especial trust and confidence in your integrity, do authorise and empower you to cause Jesph Harper, Bejamin Elliott, John D Brown, John Ramseur & Hugh McCain to appear before you, at such time and place as you may appoint, and their oath to examine touching all such matters and things as they shall know of and concerning a certain matter of controversy in our Court of Equity for the County of Randolph pending, wherein Polly Craven is Complainant and Peter Craven and others are defendants.

And these depositions in writing by you so taken, the same to transmit, sealed with your seals, to said Court of Equity to be held for the said county, on the 4th Monday of September next, to be read in evidence in behalf of this Defendants in said controversy. Witness, John Daniel Clerk of our said Court, the 30th day of May 1832.

John Daniel, C.M.E.

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

Mssrs. PETER CRAVEN SENIOR, JOSHUA CRAVEN, & HENRY CRAVEN on the 11th day of August next at the House of JAMES ELLIOTT, Esq. in the Town of Ashboro. I shall take the depositions of ROBERT MOFFITT and others to be read in evidence in my behalf in the suit now pending in the Court of Equity for Randolph County Where in I am Complainant and you and others are defendants.

POLLY CRAVEN

June 11th, 1832

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

State of North Carolina

Randolph County

To any lawful officer GREETINGS:

You are hereby commanded to summons JAMES HARPER, BENJAMIN ELLIOTT, JOHN D. BROWN, JOHN RAMSOUR & HUGH McCAIN to appear in their proper person at the house of General GEORGE HOOVER in the town of Ashboro on the 8th of August next to give evidence before commissioners appointed by the Clerk of Master in Equity to be read as evidence in a suit there pending. Wherein POLLY CRAVEN Complainant and PETER CRAVEN is Defendant. Where and when you shall make return of this subpoena, Herein fail not.

Given under our hands, August the 6th, 1832.

JAMES HODGIN

A. CUNNINGHAM

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

State of North Carolina

Randolph County

Agreeable to the commission here unto answered and directed to JOHN HAMBY & ALEX CUNNINGHAM at the house of GEORGE HOOVER on the 8th day of August 1832 we proceeded to take the Deposition of ROBERT MOFFITT. The parties POLLY CRAVEN plaintiff and PETER CRAVEN, SR. and PETER CRAVEN, JR. (son of William????) being present agreeing thereunto, we proceeded to take the deposition of ROBERT MOFFITT who being duly affirmed deposeth and saith as follows.

POLLY CRAVEN asking the following questions:

1. Did you see the Deed exhibited this day purposing to be a deed from PETER CRAVEN, SR. to PETER CRAVEN, JR.?

Answer. I did.

2. Do think that deed to be in your handwriting?

Answer. When I saw it, I was doubtfull that it might not be. I am certain that the whole deed was not. There was a clause at the latter and annexed as a condition providing that the deed should not be proven until after the old MR. CRAVEN's death; which is not in my handwriting, nor was it even requested of me to be so written. I was and called upon to write such a Deed and did so the old man frequently -- saying that he wished to make a good firm Deed to his son Peter. The old man at the same time saying that he shall wish to live with his son PETER and was answered by his son PETER that you shall not suffer while I can help it. The Old Gentleman after all was done said he would rather that the Deed not be proven while he lived this was after the Deed was signed and delivered, but says that he will make no add.

And further this defendant saith not.

ROBERT MOFFITT

Sworn & subscribed before us

August 8, 1832

ALEX CUNNINGHAM

JOHN HAMBY

Offered by me JOHN DANIEL, C.M.E. by

JONATHAN WORTH deputy

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

State of North Carolina

Randolph County

To POLLY CRAVEN

Take notice that I intend to Take the Deposition of JOSEPH HANSON (?) and others at the House of JOSEPH HANSON (?) in the Town of Asheboro on Wednesday the eighth of August next. To be read in evidence in my behalf in the suit now Pending in the Court of Equity for said County. Wherein you are Plaintiff and I and others are Defendants. When & where you can attend if you think proper.

PETER CRAVEN SR.

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

State of North Carolina

Randolph County

Agreeable to the commission hereunto annexed directed to us JAMES HODGIN and ALEXANDER CUNNINGHAM acting trustees of the County aforesaid we have conveyed the following.

Witness at the house of GEORGE HOOVER on the 8th of August 1832 in Asheboro and the parties to wit: POLLY CRAVEN Complainant and the Defendants PETER CRAVEN, SR. and HENRY CRAVEN being present the witnesses being first duly sworn was examined touching the premises and deposeth and sayeth as follows to wit.

JOSEPH HARPER appeared was duly sworn and deposeth and says as follows: The Defendant asked the following questions.

How long have you been Clerk of the County Court of this County?

Ans. 25 years and upward

Answer. I have examined the paper particularly and do believe the whole of it to be in the hand write of one man and further the deponent saith not.

JOSEPH HARPER

Sworn to and subscribed before us in

Ashboro at GEORGE HOOVER HOUSE

August 8th 1832.

A. CUNNINGHAM

JAMES HODGIN

HUGH McCAIN was duly sworn and deposeth and sayeth as follows: The defendant asked the following question.

Are you acquainted with the handwriting of ROBERT MOFFITT?

Answer: I only am by seeing some instruments returned to the Clerk Office acknowledged to be in his handwriting, and after examining the paper hereunto annexed purporting to be a deed from PETER CRAVEN, SR., is in the handwriting of ROBERT MOFFITT and further this deponent sayeth not. Sworn and subscribed before us August the 8, 1832. HUGH McCAIN

A. CUNNINGHAM

JAMES HODGINS

JOHN RAMSOUR was next duly sworn and deposeth and sayeth as follows to wit:

The Defendant PETER CRAVEN asked the following question:

Do you believe the paper hereunto annexed purporting to be a Deed from PETER CRAVEN, SR. to PETER CRAVEN, JR. to be in the handwrite of ROBERT MOFFITT?

Answer. I do believe it is; I have been acquainted with ROBERT MOFFITT hand write from seen him write and further the deposeth sayeth not.

Sworn & subscribed before us August the 8th, 1832.

JOHN RAMSOUR

A. CUNNINGHAM

JAMES HODGINS

JOHN D. BROWN, Esq. was next duly qualified and examined and deposeth and sayeth as follows:

To wit the Defendant asked the following question.

1. Do you believe the paper hereunto annexed purporting to be a Deed from PETER CRAVEN, SR. to PETER CRAVEN, JR. to be in the hand write of ROBERT MOFFITT?

Answer. I have seen MR. MOFFITT write and from the appearance of the writing on the paper, I think it to be in ROBERT MOFFITT handwriting.

2. What conversation ever took place between you and ROBERT MOFFITT in relation to the Deed spoken of?

Answer. his answer was a Deed of Gift. I then ask him if it had been recorded, to which he answered it had not, but said that it was as good as if it had (or something to that amount) for there was a piece wrote at the bottom of the Deed which specified that the Deed was not to be recorded during the Old Mans lifetime, and further the deponent sayeth not. Sworn to and subscribed before us on the 8th day of August 1832.

JOHN D. BROWN

A. CUNNINGHAM

JAMES HODGINS

BENJAMIN ELLIOTT was qualified in due form and deposeth and sayeth as follows: The Defendant asking the following questions.

Is JOSEPH HARPER of the County a man skilled in the art of writing?

Answer: I think him to be so; MR. HARPER has been Clerk of County since the year of 1807 or 8 and writes a way for hand himself and has been accustomed to seeing and naming various handwriting. The Defendant another question.

Do you believe the paper annexed to be the Deed from PETER CRAVEN, SR. to PETER CRAVEN, JR. is in the hand write of the same herein throughout.

Answer. I think it is.

How long have you acted as Clerk and Master of Equity and or Deputy Clerk of the Superior Court of the Count?

Answer. I was Clerk and Master about 24 years and acted as Deputy Clerk nearly 20 years. To the above plaintiff objected to its being answered. I once asked ROBERT MOFFITT what kind of deed this was, executed from PETER CRAVEN, SR. & PETER CRAVEN, JR.

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

This Indenture made this second day of January in the year of our lord, one thousand eight hundred and twenty seven, Between PETER CRAVEN SENIOR and his son PETER CRAVEN, JUNIOR. PETER CRAVEN, SENR. gives grants and confirms his Right and Claim of the Land, that he know (sp) lives on to PETER CRAVEN his son, on the East side of deepriver (sp) in Randolph County, North Carolina, Beginning at a post oak in SOLOMON CRAVEN's line Running west with MOFFITT's line to the River sixseven chains, then down the River the various courses of the River to a hickory the corner of the mills tract, then East on line inpart, Continuing on to a post oak the old corner, being part of a tract granted Harmon Hybrand, Containing one hundred and seventy four acres, more or less, also another beginning at the last mentioned corner running East thirty eight poles to black jack then North forty poles

to a black jack then East Ninety six poles to post oak then North Eighty two poles to post oak then west on SOLOMON CRAVEN's line to the first mentioned post oak one hundred and thirty four poles, Containing seventy six acres more or less (a State grant dated March 26th, 1793) with all water, mines, minerals rights titles intended claims and demand, whatsoever of him the said PETER CRAVEN, SENIOR and Every part and parcel thereof to have and to hold premises and Every part there of to the only proper use of PETER CRAVEN, JUNIOR his heirs and assigns for ever and I, the said PETER CRAVEN, SENIOR for myself my heirs and assigns the said tract of land and premises and every part and parcel thereof against myself any heirs and assigns and all and every person or persons whatsoever laying any claim or demand to the above mentioned premises to the said PETER CRAVEN, JUNIOR his heirs and assigns shall and will for ever warrant and defend by these presents in witness where of I have hereto set my hand and seal the day and year first above written, this to be proven after my death

signed and delivered

in the presence of us.

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

Be it remembered that on the 15th day of February, A.D. 1831 POLLY CRAVEN filed in the office of the Clerk of Master in Equity for Randolph County her Bill of Complaint against PETER CRAVEN SENIOR, JOSHUA CRAVEN, HANNAH BRAY, JOEL CRAVEN, HENRY CRAVEN, TIDENCE LANE and his wife, REBECCA, WALTER MURROW and his wife, NANCY, and PETER CRAVEN, JUNIOR and WILLIAM MACON and his wife NANCY. At March Term, 1831, the following entries are made on the record "Answers of PETER CRAVEN and HENRY CRAVEN filed. Replication as to the Order of Publication in the Raleigh Register for six weeks for those out of the State. Injunction to be continued till the hearing". Fall Term 1831 "Leave to both parties to take testimony as if the cause was at issue". March Term 1832. "Set for hearing with leave to take testimony." Fall Term 1832 "Removed to the Supreme Court by consent. All the depositions filed to be read."

I, JOHN DANIEL, Clerk of Master in Equity for Randolph County do hereby certify that the forgoing is a true copy of all the entries on the records of the Court of Equity for said county relating to the above case, and that the papers here with transmitted are all the original papers in my office touching the above suit.

In witness where of I have hereunto let my hand and affixed the Seal of said Office this 14th day of November, A.D. 1832 JOHN DANIEL, C.M.E.