Thomas Yates (abt. 1766 - bef. 1853)

Date: Sun, 17 Jul 2005 10:54:12 -0400

Note – the case date 1812 is the year the suit was settled, not when it was filed. The name Farguson is spelled that way and also Ferguson and changes back and forth within the document repeatedly. The extraction of all of the items in the file is likely too long for one message so I will send it in two parts.

Moses Estes Jr married Luremia Combs. Phoebe Combs appears to be her step-mother. George Estes gives a deposition in this case as does Lemuel Moore who appears to be the brother of Nancy Ann Moore who George’s son, John R. Estes, marrys in 1811. John R. Estes also gives a deposition. This further cements these loose ends of this family together. In addition, there are many other Halifax names mentioned.

Thomas Yates and wife Phoebe Combs Yates versus Joseph Farguson

This is an extract:

Thomas Yates and wife Phebe, late Phebe Combs, plaintiff’s state that Phebe conveyed a certain negro slae to Joseph Farguson to secure the payment of a sum on money in the bill of sale executed by your orator to the said Farguson and that before the day of said payment your orator, Thomas, intermarried with the said Phebe and that when Thomas delivered the sum of money to the said Joseph the negro slave was demanded to be delivered to him but the said Joseph upon various frivolous pretexts refuses to deliver the said slave and has since several times offered to pay him the money.

The respondent Joseph Farguson replies that it is not true that Phebe, while a feme sole (single female) conveyed to him to secure a debt. On the contrary, he purchased the slave from Phebe and her mother Phebe Combs, the elder, in the terms of the bill of sale conveyed to him Feb. 3rd 1810. Respondent denies that Thomas tendered to him the money but admits that on Dec. 25th 1810 Thomas came to his house and said that he had the money ready for him, this respondent immediately set of for his fathers who lived near him, where he had deposited the bill of sale to get the bill and that as he rode out of his yard a Mr. Shelton who was with the complainant asked him if he would receive bank notes to which this respondent replied that he would if he liked them, that after his return the complainant produced a piece of gold and $90 in bank notes which being much worn and torn, this respondent told the complainant that he disliked them and did not choose to take them and Thomas thereupon immediately left his house with the view as he said of getting the said noted changed and this is the only think like a tender which Thomas have ever made to this respondent. Joseph further states that he offered after the said Dec 25th had passed to deliver the said slave to the complainant if he would in a few days pay him the amount of the consideration money or if he would secure the payment of it (within 12 months by giving bond with good security and the said complainant then declared that he had the money to borrow but if he could raise it he would accede to the offer made to him and agreed to meet Joseph on the 20th or 11th of January 1811 at the house of _____ for the purpose of paying the moneys on both of which days this respondent attended at the appointed place for the purpose of receiving the money but on neither of the days did the complainant appear. This complainant has fully answered the bill and denying all fraud, prays to be hence dismissed.

Next document:

Aug 21 1812 at the storehouse of James Chalmers the depositions of Sarah Ferguson, Thomas Douglass, Lemuel Moore, Joseph Denman and John Estes.

Sarah Ferguson wife of Jacob Ferguson says that she was at home on Jan 11 and 12 1811 and did not see Thomas Yates either day and Joseph Ferguson attended both days and said he would give up the negro boy Jess if Yates brought the money.

Thomas Douglas says that on Jan 11 1811 he saw Joseph Farguson at the house of Jacob Ferguson and that Joseph told him that he had come to meet Thomas Yates according to his appointment to receive money and give up the negro boy Jess.

Lemuel Moore says that in the winter of 1811 he heard Thomas Yates say that there was a time set to meet Joseph Farguson to pay him the money he was owing in conveyance of a negro boy Jess and further sayeth that it was on some Friday and Saturday and that he said that instead of meeting him Yates went off to Lynchburg in order to render him the said Ferguson as unhappy as he had him and further sayeth that he wanted to get money enough out of the said Ferguson to pay all his debts with and further says that Farguson brought the said negro to Yates house after that time and offered to give him up if he would pay him the money and they refused to do it.

Joseph Dunman says that sometime in the year 1811 he heard Thomas Yates say he did not tender all the money to Joseph Farguson that was due him on account of a negro boy named Jess.

John Eastes says that some time since Dec 25 1811 he saw Joseph Farguson carry the negro boy Jess to Thomas Yates and told him he did not consider they had any right to him, but if they would pay him what they were owing him on account of said negro, he would give him up and they refused to do it.

Given under the hand and seal Nov 27 1812. Sarah Farguson signed with a mark, Thomas Douglas signed, Lemuel Moore with a mark, Joseph Denman with a mark, John R. Estes signed.

On Aug 21 1812 the deposition of Jacob Farguson and George Estes is taken at the storehouse of Capt. Chalmers who say that on the 25th day of Dec 1810 they were riding past Mr. Thomas Yates plantation and they heard a hollowing and they stopped and Absalom Shelton came up to them and asked if they could change some bank notes and give silver for the same. Jacob Farguson and George Estes said they could not. This was in the evening late. Jacob Farguson saith that on the 10th of Jan 1811 he had business with Thomas Yates and went to his house to see him. Whilst he was there the said Thomas Yates mentioned a contract that was between Joseph Farguson and Phebe Yates, wife of said Thomas Yates about a negro boy named Jesse and stted they was of opinion that the said Joseph Farguson had not used them well in the aforesaid contract about the boy. Jacob asked them the reasons why and they answered that Joseph Farguson would not let them have Jesse again and Jacob replied that he was confident that if they would go and pay Joseph Farguson the said money they were owing him that Joseph would deliver the said negro to them at that time. Yates concluded to go and see the said Joseph Farguson and this deponent (Jacob) went with him but did not alite from him sores and the said Thomas Yates went into the house of Joseph Farguson and brought Joseph out to this deponent. Thomas Yates mentioned concerning the contract about the said negro Jesse and Joseph talked friendly to said Yates and told him he well knew he had not tendered the money agreeable to the contract and Yates made no answer. Joseph Farguson informed Yates that he did not consider himself obliged to give up the said negro Jesse but if he would pay him the money due by the contract at that time he would give him the negro Jesse up again and then Yates said he had not the money and if he redeemed he said negro he should have the money to borrow. Joseph Farguson told Yates that if he would give him bond and security for his money that was due him on account of the negro Jesse and risqué his life, he would wait twelve months longer for the money and Yates refused to do so. Then Joseph Farguson told Yates if he would set his time and place and meet him and pay him the money due on the contract he would meet him and deliver up the negro. Farguson asked Yates if there was not an entry on the back of the bond for 9 pounds given to Phebe Combs the younger to be discounted out of thebond when due and Yates said yes it was just and he would pay that sum with he paid the rest and then Yates then appointed two days either Friday or Saturday one of the two days which ws the 11th or 12th days of January 1811 he would meet him at Jacob Farguson’s and pay him the money if he could get it. Given under hand and seal Nov 27th 1812 signed by Jacob Farguson and George Estes.

Next document:

Agreeable to a court order dates June 15 1813 we met at the dwelling house of Jacob Farguson decd and proceeded to take the depositions of Sarah Farguson, Thomas Douglas and John R. Estes. All three of these depositions are the same as given earlier except there were two questions posed to John R. Estes: Q: By the plaintiff who were they that refused to take the negro boy Jesse and pay up the money? A: I saw Mrs. Phebe Yates and Mrs. Combs. Q: By the same did you not understand that Thomas Yates about that time was gone to Linchburg? A: Some time before that I did. Q: How long was it before you carried the notice for to take deposition at Chalmers Store? A: I don’t know.

Next document:

By court order July 29th 1814 we assembled at the Mill House of Womack and Cole on Polecat Creek Aug 3 1814 to take depositions:

Meads Anderson deposition: Question by Thomas Yates – did you not hear Joseph Farguson say at the time he and I met at your house to settle the dispute about the negro boy Jess that the reason he did not exceed to the proposition of Mr. William Cole was on the 26th of Dec 1810 was he was miffed or mad? A: I do not recollect. Q: Was there not some such conversation at that time? A: I cannot recollect. Deposition is signed

John Cole deposition: Question by Yates – Did you not go with me to Joseph Farguson’s on Dec 25th 1810? A: Yes, I did. Q: At the time the bank notes and gold was laid on the chest in presents of Joseph Farguson was there not silver laid on in a glove and purse also? A: Yes Q: Did he not refuse to receive it and walk out of the room? A: Yes. Q: Question by Ferguson – Did I look at the notes presented or not? A: Yes. Q: Did I not tell him said Yates to change the notes for silver or gold and I would receive it? A: I don’t remember. Q: Have you not heard Thomas Yates say since the 25th of Dec 1810 that I had proferred to give up the negro boy Jess to him provided he would pay up the money by a set day? A: I do not remember. Q: Did I refuse to take the specie (note that means gold)? A: Yes Q: Did not Thomas Yates say that if I would receive the specie he would bring it all in specie? A: Yes. Q: Did you see any silver at my place? A: I did not see it poured out. Question by Yates – Did you not see the money counted at your father’s and put into a glove and purse and went with the ?? to Joseph Farguson’s and the purse and glove was laid on the chest with the bank notes? A: Yes Signed John Cole and witnesses William W. Womack and Charles Harris.

Deposition of Richard P. Anderson taken Aug 28 1815 says Thomas Yates he thinks sometime in the early part of the year 1811 stuck up an advertisement at the mill of this deponent forwarning all persons from trading for a negro lad Jess which advertisement said defendant read in this deponent’s presence and observed he would shew whose property said negro was. Signed.

To Jonathan Leaming Cape May State of New Jersey

Clermont County, State of Ohio

Dear Brother & Sister

After our best Respects to You and Yours, we take this opportunity to Let You know that we are all well At present & have enjoyed our health (Since I wrote to Mr. Jorman in the Summer) Much Better than Ever we Did at Cape May; Phebe is Very harty Eliza is Very fat and hearty More So than Ever She was at the Cape; and hope thes May find you in the Same State of health; we are settled in an exceding healthy part of the Country on a high elevated Spot about one Mile above the Little Miamy. The Land is Amasing Rich though Somewhat broken but Goodness Abundance; there is on the place I Bought a good Double hewed Loghouse with 2 fireplaces that is pretty comfortable, we have plenty of Every Necessary of Life, I have got In about 7 Acres of wheat this fall. I follow Shoemaking & can git A Bushel of wheat for Making a pair of Shoes & 3 Bushels when I find Leather; there is Plenty of Milk, Stores of Imported goods of all kinds; Mechanicks are Very Numerous; Nails; Glass; tin & Earthen & Stone ware is manufactured Nearly as cheap as in Philadelphia; the Best flax, Cotton & wool I ever Saw and Ready Sale for Every Article that we Dont want to consume; we are perfectly Satisfied in the Exchange we have Made and would Not Come back to the Cape to Live if we Might have all we Left given to us & our Expenses back it would be no temtation to us to Return to Live there, though we would be exceeding happy to See You & many of our friends we Left behind; Though it is Happiness that we Can Converse by Letter (Although we are at a Great Distance and between us are hugh Mountains that are Dreadful to behold though they are passable and we have bee Brought Safely through by the Blessing of heaven) though I have not Received Any Letter from the Cape Since we Left You. I Should be glad to See you in this Country & we do think you Might Make A great Addition to your Extate in After Years. The Country is populating Very fast there is many Men of Great Estates that are Moving to this Country. They have only to Lay out money in Lands and Let it Lie without any Improvement in A few years would See for Double what it would Now Cost; there is a man that has settled joining to me that Brought out with him 19000 Dollars another where Jonathan is at work that Brought out 17000 Dollars they are purchasing Mill Seats that No Doubt will be in a Short time of Great profit, that is my Opinion that it the Best Country to get an Estate in of Any part of the Known world. Therefore, If Any person wishes to Do well for their posterity I would advise them to Come to this Country; the Greatest Disadvantage we are under is that We have our Living to buy till we Can have time to Raise it; but is Plenty Cheap & good; Religion in this Country is in good Condition; our Principal Men; Judges' Justices & Representatives are Men of Strict Piety; A man that professes No Religion is in no Great Esteem; our Laws are Mearly the Same as in Jersey only Respection Slaves. Any man Bringing a Slave into the State cannot hold them Longer than one year. Please to give our Respects to all our friends; Ruth Crawford; William Yates, George Springer; Amy Springer & all the REst of enquiring friends.

So no more at Present only to Remain Your Brother and Sister till Death; and that we Mall all Be Brought to A State of happiness when time shall be No more Is the Prayer of us

Thomas Yates & Phebe Yates NB I have wrote to Mr. Holmes to pay Some Attention to Collecting the Money that Is now Due; You will please to try to remind him of it; as am About Building & Shall want the Money Next Summer.

The above letter was addressed to Jonathan Leaming, Jr., born June 21, 1770, died March 18, 1809, buried in the Baptist Churchyard, Cape May Court House, with a tomb. His wife was Elizabeth Yates, a sister of the above correspondent. Johnathan Leaming above was a grandson of the famous diarist, Aaron Leaming, Jr.