James Rutherford (aft. 1750 - bef. 1820)

Born after 1750 in Cub Creek, Virginia

Ancestors

Died before 1820 before age 70 in Buncombe County, NC

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Biography

James Rutherford is a member of Clan Rutherford.

James Rutherford

b. circa1750

d. circa 1820

m. [1] Margaret "Peggy" Ann Moore

b. 7/14/1764 in Mecklenburg Co., NC

d. aft 1820 in Buncombe Co., NC

married bef 1784 in Burke Co., NC

d/o William Hamilton Moore

b. abt 1726 Ulster, IRE

d. 11/11/1812 Buncombe Co., NC

d/o Ann Cathey b. 1743 in Augusta Co., VA

christened 4/3/1743 in Augusta Stone Presbyterian Church, Augusta Co., VA.

d. bef. 1774 in Rowan Co., NC.

married bef. 1765 in Rowan Co., NC

William H. Moore had at least 6 children, although there is some debate which were by Ann Cathey and which by Margaret Moore. It has been suggested that Margaret "Dolly" Rutherford was Gen. Griffith Rutherford's sister and was widowed with the name Patton? [History of Western North Carolina - Chapter V - Revolutionary Days by John Preston Arthur, 1914 – page 99]

James RUTHERFORD--served Burke Jury several times 1792-1795, Grand Juror 1793.

Lawsuits in which James RUTHERFORD was the defendant:

i. James RUTHERFORD vs. DOBSON 1791

ii. James RUTHERFORD vs Ab PLUMLEY 1793

iii. James RUTHERFORD vs Ute SHERRILL 1796 and appealed

iv. James RUTHERFORD vs David TATE with Isaac MARTIN as co-defendant with James. Defendant [James RUTHERFORD] moved from County--execution from Justice of Peace for 15 pounds plus--No goods found--Court ordered Sheriff of Buncombe Co to collect debt Apr 1798.

James RUTHERFORD was the plaintiff in a couple of cases:

i. James RUTHERFORD vs Richard FARR in 1794

ii. James RUTHERFORD vs Joseph COWIN 1794

iii. James RUTHERFORD entered 100 acres both sides Hominey CREEK 1787 with CC William MOORE. Perhaps land entry on Webbs Creek on North Fork Hominy Creek Buncombe NC 1787 is the same entry

James RUTHERFORD bought an iron wedge and 1 cow at estate sale of David NELSON 1790.

One census record James RUTHERFORD:

1790 in Burke NC. James RUTHERFORD had 1 male over 16, 2 males under 16, 3 females, 2 slaves.

Burke County, North Carolina, Land Records and Miscellaneous Records 1751-1809 by Edith W. Huggins - p. 161 - File 1790 - Jos. Dobson, Sr. vs. James Rutherford. Bond: David Rutherford, 2 papers on file, July.

October 1786 – JURY CALLED: In the case of James Rutherford and Cupet Gibson, accused that they “did assault, wound and abuse each other”, jury to include David Baker. [Burke County Court Records abstracted in Edith Warren Huggins, Burke County, North Carolina Land & Misc. Records, Vol. III (Easley SC: Southern Historical Press, reprint 1985), 128]

Ordered by court that George Cathey Sr., James Chambers, Jonathan McPheeters, David McPheeters, Joseph McPheeters, John Davidson, James Adams, Austin Hightower, James Rutherford, Oldham Hightower, Senr., Ben Hawkins, James Hawkins, John Nelson & Samuel Davidson be a jury to view mark and lay off a road the nearest and best way from the Court house to Jonathan McPheeter's on Hominy Creek and report to July sessions in 1795. Buncombe County Court Minutes.

July Session 1795: State vs. Jas. Davidson: Indt.P.Lar. Jury empnad. & sworn to wit: Jos. Austin, James McMahan, Ben. Hawkins, James Dunsmore, John Gooch, Robert Harris, Geo. Ramsey, Jos. Gash, John Craig, James Rutherford, James Clemons, Nathan Smith. Buncombe County Court Minutes.

James Rutherford received a land grand in August 23, 1799 from the State of North Carolina. This was for 100 acres signed by Governor Benjamin Williams and Secretary Will White. In March, 1807 which was recorder January 3, 1808 he got another land grant for 100 acres this was by order of John Patton, witnessed by William and James Rutherford.

There is also mention of James selling land to Jesse Belew in 1800 and again in 1815. In 1802 James sold land to John Webb.

1790 census analysis

1790 Burke Co, NC 6th Company pg 108 James Rutherford 1-2-3-0-2 Analysis: 1 Male(s) 16 and Up (before 1774) James RUTHERFORD (1755/65) 2 Male(s) under 16 (1774/1790) Son? (1774/84) Son? (1784/90) 3 Female(s) any age (before 1790) Margaret MOORE Rutherford (1755/65) wife Daughter? (bef 1790) --> gone by 1800 Daughter? (1784/90)

Buncombe County was formed in 1791 from Burke including the section where they resided.

1800 census analysis

1800 Buncombe Co, NC pg 185 James Rutherford 21110-21010-0-4 Analysis: 1 Male(s) 26-44 (1755-1774) James RUTHERFORD (1755/65) 1 Male(s) 16-25 (1774-1784) Son? (1774/84) --> gone by 1810 1 Male(s) 10-15 (1784-1790) Son? (1784/90) --> gone by 1810 2 Male(s) 0-9 (1790-1800) Son? (1790/94) Son? (1794/1800) 1 Female(s) 26-44 (1755-1774) Margaret MOORE Rutherford (1755/65) wife 1 Female(s) 10-15 (1784-1790) Daughter? (1784/90) --> gone by 1810 2 Female(s) 0-9 (1790-1800) Daughter? (1790/94) Daughter? (1794/1800)

They were listed in Buncombe for the 1810 census. They were next to Margaret's brother Thomas Moore and also next to Charles Gilley.

1810 census analysis

1810 Buncombe Co, NC pg 75 James Rutherford 11101-01101-0-2

1 Male(s) 45 and up (bef 1765) James RUTHERFORD (1755/65) 1 Male(s) 16-25 (1784-1794) Son (1790/94) --> gone by 1820 1 Male(s) 10-15 (1794-1800) Son (1794/1800) --> gone by 1820 1 Male(s) 0-9 (1800-1810) Son (1802/04) or (1804/10) 1 Female(s) 45 & up (before 1765) Margaret MOORE Rutherford (1755/65) wife 1 Female(s) 16-25 (1784-1794) Daughter? (1790/94) --> gone by 1820 1 Female(s) 10-15 (1794-1800) Daughter? (1794/1800) --> gone by 1820

James Rutherford died in the 1810-1820 timeframe, for Margaret was listed as head of household on the 1820 census in Buncombe County. She was just a few houses from brothers Charles Moore and Thomas Moore.

1820 census

1820 Buncombe Co, NC pg 118 Margret Rutherford 011100-00001

1 Male(s) 16-25 (1794-1804) Son (1802/04) or Son (1794/1800) 1 Male(s) 16-17 (1802-1804) 1 Male(s) 10-15 (1804-1810) Son (1804/10) 1 Female(s) 45 & up (before 1775) Margaret MOORE Rutherford (1755/65) wd/o James

Sources

• Pleas and Quarter Session Minutes - Burke County, NC