Each deposition is separated by a gray bar. Its source is listed beneath its heading.
Col.
Neil Buie's & wife Polly Munroe Buie's Depositions
Source: John McPherson
estate, 1828, Robeson County, NC. NCSA.
Pursuant to the annexed commifsion
to us, Neill B. Johnson and Alexander
Galbreath two of the acting Justices of the Peace in and for the county of Robeson,
directed we have caused to be brought before us Col. Neill Buie, Polly Buie,
Catharine Brown, Randal Currie, James McAlpin, John McPhaul, Alexander
McPherson at the Dwelling House of Margaret McPhaul at McPhaul’s Mill
in the County of Robeson —
On Saturday the 21st day of March 1829_ Both parties being present, we proceeded
to take the depositions of the aforesaid named witnefses that the same may be
had in evidence in the suit now pending in Robeson Court of Equity in a certain
cause wherein Gilbert Gilchrist is complainant and Flora Buie & Archd Gilchrist
and wife Mary are defendants, the above named winefses being first duly sworn
on the Holy Evangelist of Almighty God depose as follows—
Col. Neill Buie being first called upon deposeth and saith _ That to the best of his knowledge and belief in April or May 1790 he was in company with Danl McPherson decd & father of Archd McPherson decd at the burying ground of Neill McNeill’s when and where a small coffin was interred said to contain the corpse of said Archd McPherson.
Intg By Ptff. Was the said Archibald grandson to John McPherson Senr the testator?
Answ. He was said to be so_
Intg By Deft. Do you know of your own knowledge that said Archd was grandson of John McPherson, Senr the testator?
Answ. I do not.
And further this
deponent saith not. Sworn
to and subscribed before us the day & date first above written.
Neill Buie,
Neil
B Johnson, J.P., A. Galbreath, J.P.
Polly Munroe Buie's Deposition
Source: John McPherson
estate, 1828, Robeson County, NC. NCSA.
Polly Buie being first called upon deposeth and saith _ That she will know John McPherson Senr the testator, had lived with him some considerable time before his death, and was there at the time of his death but does not recollect particularly the date of the year of his death_that said John McPherson at his death left two sons surviving viz. Alexander and Daniel, that Archd, a son of Daniel died some time before his grandfather John and that Neill another son of Daniel died some short time perhaps within one month after his grandfather John McPherson Senr testator aforesaid.
Intg q 1st By Compt. What month and what day of the month did John McPherson Senr the testator die?
Answ. He died on the 12th or 13th day of Jany but the date of the year I do not recollect.
Intg q 2st By Compt. How long after the death of said John McPherson before you married?
Answ. Two years and three months, it might be more but was no lefs.
Intg q 3rd By Compt. In what year did you marry your present husband Col. Neill Buie?
Answ. The 11th day of April 1793.
Intg q 4th By Compt. Are you related to John McPherson Senr the testator?
Answ. I am one of his grandchildren, and the daughter of one of his daughters.
Intg q 1st By Deft. Do you recollect that John McPherson Senr testator at the time of making his will requested that should either of his grandsons Neill or Archibald die without ifsue the survivor should inherit his part?
Answ. I do recollect that he did.
Intg q 5th By Compt. Were you present when John McPherson had his will written and if you were did you continue present until the whole was completed?
Answ. I was sometimes present and sometimes absent, being engaged in my usual avocations in the house.
Intg q 6th By Compt. Is Alexander McPherson son of John McPherson the testator still living and if not when did he die, and what ifsue did he have surviving at his death?
Answ. He is not living, but died some time before his brother Daniel, and left ifsue two sons John and Colin and three daughters.
And further this deponent saith not. Sworn to and subscribed before us the day & date first above written.
Polly
xX
Buie
Neill Buie, Neil B Johnson, J.P., A. Galbreath, J.P. mark
Catherine
McPherson Brown's Deposition
Source: John McPherson
estate, 1828, Robeson County, NC. NCSA.
Catharine Brown being first called upon deposeth and saith _
Intg q 1st By Compt. Were you the subscribing witnefs to a certain Bond executed to Gilbert Gilchrist on the 7th or 8th of April 1823 by Daniel and Flora Buie, Archd Gilchrist and Mary his wife to make title to certain lands?
Answ. I was a subscribing witnefs and saw the same executed.
Intg q 2nd By Compt. Before the execution of the bond aforesaid did you not hear by the contracting parties to said bond that a warranted deed was to be given to the Complainant for 450 acres as far as their claim intended called the old plantation and a quit-claim deed to the Colin McPherson land and to the Goodson Land?
Answ. There was such a conversation and – I believe before the execution of the bond.
Intg By Compt. Are you a daughter of Daniel McPherson and Granddaughter of John McPherson the testator?
Answ. I am.
Intg By Compt. When did your father Daniel McPherson depart this life what was the number and names of his children living at his death, and did he die intestate?
Answ. He died intestate, as I believe in the year 1802 or 1803 having seven children then living viz. Hugh, Colin, Sandy [Alexander], Flora now Flora Buie, one of the defendants, Mary now Mary Gilchrist, she of the defendants, Catharine and Nancy.
Intg By Compt. Was Archibald Gilchrist, one of the defendants, and Daniel Buie, husband of one of the defendants, administrators of Danl McPherson’s estate?
Answ. Archd Gilchrist was one of the administrators whether Danl Buie was or was not I know not.
Intg By Compt. Report the division of the real and personal estate, left by your father Danl McPherson was there not left by the commifsioners appointed by Court to divide the estate a certain amount of money to be given to each of the daughters in lieu of their part or portion of the real estate, and was not your portion or part of that money paid to you or your husband?
Answ. I received no part of the money myself but I have understood from James McNeill Esqr. that he paid the amount to my husband [Rev. Daniel Brown].
Intg By Compt. Did Daniel Buie, the husband of one of the defendants, offer to sell you the part of the land which he sold to Gilbert Gilchrist and if he did what were the reasons that prevented you from making a purchase of the land?
Answ. He did offer to sell me that land which I refused to purchase for two reasons, one, that I did not wish to buy land, the other, that I was a little doubtful that his title to the same was not good.
Intg By Compt. Have your brothers Hugh and Colin died since the death of your father and what is the ifsue by each or either of them?
Answ. The both died since my father’s death, Colin without issue, Hugh left two legitimate children, Daniel and Sarah Ann, and to whom Archd Gilchrist, one of the defendants is now Guardian.
Intg By Defendants. Did you or did you not believe that Gilbert Cilchrist knew the situation of the land at the time he made the purchase from the defendants, as __ the titles to said lands?
Answ. I believe he did.
Intg By Defendants. What did you hear pass between Danl Buie husband of one of the defendants and Gilbert Gilchrist complainant concerning the lands, or contracting prior to the execution of the bond?
Answ. I heard Daniel Buie after he had proferred the land to me and which I refused to purchase, say that he would sell it to Gilbert Gilchrist complainant and he asked Gilbert Gilchrist to make him an offer for his part of the land – Gilbert Gilchrist then offered him $700 wherefore Danl Buie suggested his offering $50 more– I then asked Gilbert Gilchrist “In the name of God” are you going to buy that land part of which you consider already sold? to which he Gilbert Gilchrist replied, “let them give me their titles and I’ll work it.”
Intg By Defendants. Has Gilbert Gilchrist been in pofsefsion of the land since the bond was written, and was he not in pofsefsion for some time previous to the execution of the said bond?
Answ. He was living on the land previous to the execution of the bond and has been since living on it.
Intg By Compt. Was Gilbert Gilchrist in the quiet and peaceable pofsefsion of the land aforementioned since he purchased from the defendants?
Answ. He is not for I claim part of that land.
Intg By Compt. What deficiency or defect of title of the lands aforesaid do you believe was known to the Compt before or at the time he purchased the land of the defendants?
Answ. The deficiency of title to which I alluded in my former answer and which the complainant knew at the time he purchased was the distribution made by the commifsioners, who divided my father’s estate and who ordered that the daughters should have money in lieu of the lands and that is the only defect or deficiency in regards to the title or the lands, that the complainant knew at the time he purchased the lands, as far as my knowledge extends.
And further this deponent saith not. her Sworn to and subscribed before us
the day & date first above written.
Catherine
xX
Brown
Neill Buie, Neil B Johnson, J.P., A. Galbreath, J.P. mark
Randal Currie being first called upon deposeth and saith _ That on the 18th of May 1801 according to a previous understanding with Daniel McPherson decd father of two of the defendants, I met the said McPherson in company with Angus Currie and said McPherson’s three daughters viz Flora McPherson, now Flora Buie, one of the defendants, Mary McPherson, now Mary Gilchrist, one of the defendants, and Catharine McPherson now Catharine Brown when and where I read to them an instrument of writing which I call a release of all their interest in the estate of Neill McPherson decd, a certifyed copy of which from the Register is now before me_ I saw the said release executed by the said McPherson, three daughters above named _ I witnefsed the same together with Angus Currie and I proved the same in open Court, Octr 1803.
Intg By Defendants. Do you know that the said daughters understood the instrument of writing they then signed?
Answ. I was requested by the father to read it to them, which I did, whether they understood it or not, I know not, but they signed it cheerfully and without reluctance and I believe their father made them acquainted with its contents.
Intg By Defendants. Do you not believe that their father insisted or prevailed on his daughters to sign that instrument of writing?
Answ. I do not of my own knowledge know that he did, nor do I believe that he did.
Intg By Defendants. Do you know that the father gave his daughters a consideration as an inducement to their signing the said instrument for said property?
Answ. I do not know that he did, nor do I believe that he did.
And further this deponent saith not. Sworn to and subscribed before us the day & date first above written.
Randal Currie
Neil B Johnson, J.P., A. Galbreath, J.P.
John
McPhaul being first called upon deposeth and saith _ That
some time in my opinion previous to the institution of any suit between the
parties and on a day on which Neill McAlpin purchased of Isaac Jenkins a certain
negro Slave named Ben, I heard the complainant Gilbert Gilchrist, demand of
Archd Gilchrist one of the defendants a deed or title for the land he purchased
from him when a dispute arose about a warranted deed at which time I parted
from them and did not know to what conclusion they came.
And further this deponent saith not. Sworn to and subscribed before us the day
& date first above written.
John McPhaul
Neil B Johnson, J.P., A. Galbreath, J.P.
Alexander McPherson being first called upon deposeth and saith _ That he was present when the lands in dispute were sold by the defendants to the complainant that on that occasion Danl Buie, the husband of Flora Buie, told the complainant Gilbert Gilchrist, that this deponent had no title claim or interest in the said lands, as to any part of what was called the old plantation, where this deponent’s father formerly lived.
Intg By Compt. Are you a son of Daniel McPherson decd and brother to Flora Buie and Mary Gilchrist, two of the defendants?
Answ. I am.
Intg By Compt. After the commissioners divided your father’s real and personal estate and ordered that the sons should pay money to each of the daughters in lieu of their part of the real estate did you by yourself or guardian pay to either of your sisters the sum allotted for you to pay in consideration for the land and if you did was it ever paid back to you, or tendered to be paid by Archd Gilchrist or Daniel Buie?
Answ. It was paid by my guardian [Marian McPherson, his mother] and Archd Gilchrist asked me since the land was sold by him and Buie to the complainant if I would take my money back and give up my claim to the land.
Intg By Compt. Do you not claim title as heir or representative of your father and of some of your brothers and uncles to some part of the old plantation, sold by the defendants to the complainant?
Answ. I do and think I am entitled to some of the same by law.
Intg By Compt. Was it not for your claim in what is termed the Juniper land, and not what is termed the old plantation that I tendered you back the money?
Answ. No, you never mentioned the Juniper land it was for the old plantation.
And further this deponent saith not. his Sworn to and subscribed before us the day & date first above written.
Alexander
xX
McPherson
Neill Buie, Neil B Johnson, J.P., A. Galbreath, J.P. mark
Colin
McPherson's Deposition
Source: John McPherson
estate, 1841, Robeson County Court of Equity record, NC. NCSA.
Sept the 27th 1832
North Carolina
Cumberland County }Pursuant to a commifsion to us, Daniel Baker & John McLauchlin
two of the Justices of the aforesaid county — From Robeson County Court
of Equity, in Obedience to said Comifsion, met at the House of Colin
McPherson on Thursday the above date, to take the deposition of said
Colin McPherson in a matter of controversy now pending in the said Court of
Robeson wherein Gilbert Gilchrist is plaintiff & Flora Buie & Archibald
Gilchrist & wife Mary are Defendants, the parties being present & Archd
Gilchrist acting for Mrs. Flora Buie – and after being sworn on the Holy
Evangelist of Almight God Deposeth and Sayeth:
Question By Plaintiff, 1st. What Relation do you bear to Flora Buie the widow of Daniel Buie Decd, of Robeson County one of the Defendants in the present Suit wherein I am complainant?
Answ. We are Brothers children, say Cousins –
Ques 2nd. What was the name of your Grandfather by your fathers side?
Answ. John McPherson –
Ques 3rd. Where did he die?
Answ. I understood that he died at his own House at the Raft Swamp, and I believe he did die there –
Ques 4th. Who occupied his lands after his death?
Answ. His son Daniel McPherson & family.
Ques 5th. Did any of those lands descend to you as heir to your Father, or as heir through your Father?
Answ. None –
Ques 6th. Have you disposed of your right or interest in the lands which your Grandfather lived on?
Answ. I did not think I had any Interest in any lands they had in Robeson County –
Ques 7th. Have you relinguished your Claim to the lands in Robeson and if you have, to whom?
Answ. As I said before I did not think I had any Interest, in them – therefore I gave her Catherine Brown a Quit Claim (turn over)
Question 8th. Examine this deed which from the Register dated August the 17th A.D. 1832 and signed Warren Alford Register purports to be a copy of a deed in his office & purports likewise to be a deed Executed by you & Mary Buie to Cathrine Brown & attested by George B. Brown & Malcom Buie and dated the 17th of September 1830 – and state if you believe it to be a true copy of the deed Executed by you to Cathrine Brown of Robeson for the purpose therein mentioned?
Answ. I did sign a Quit Claim to Cathrine Brown and I believe the above date to be the date of said deed –
Question the 9th. Is Mary Buie who Executed this deed as well as yourself a Relation of yours – and if she is, what relation is she to you?
Answ. She is my sister
Question by Defendants Archd Gilchrist for Flora Buie & himself & wife. do you know how long Gilbert Gilchrist the plaintiff occupied the aforesaid lands?
Answ. How long I do not
Sworn to and Subscribed
before us the day and date above
Colin McPherson
Attest Danl Baker
xxxxxxJohn McLauchlin