1826-1838 Supreme Court Case #2580 Burkhead v. Colson, Davidson County, NC
1826-1838 -- NC Supreme Court Case #2580, Davidson County, NC
James Burkhead and wife Charity v. heirs of Joseph Colson. Suit was brought by Charity Muse Burkhead claiming that her mother Charity Muse and her brother Jesse Muse illegally sold a slave Rachel that was bequeathed to her in her father's James Muse's will. Rachel was sold on 6 Dec 1790 to Joseph Colson. She asked the court to grant her all 18 descendants of Rachel. Numerous affidavits and testimony were filed. Charity Muse presented her birthdate from the family bible. Thomas Muse attested that the handwriting was their father's. A marriage certificate was produced to show her marriage to James Burkhead on 13 Jul 1790 by William Dunn, JP. On Feb 15 1827, Thomas Muse and Eleazer Burkhead were examined at the home of Thomas Muse in Moore County, NC. The following were examined at the home of Brinkley Phillips in Moore County, NC on 18 Jun 1827: Thomas Muse Senior, James B. Muse, Betsey Muse, Elizabeth Phillips, Malcom Blue and Hymrick Hill. The following were examined in Montgomery County, NC on July 4, 1827: Samuel Dunn and William Hall. Additional affidavits were filed by James Dowd and Cornelius Dowd. Key findings: Samuel Dunn attested that he married the sister of Charity Muse Burkhead and he also stated that his daughter Rhoda married Green Burkhead, son of James Burkhead and Charity Muse. James Dowd stated that Charity Muse died 2 or 3 years prior to Jesse Muse. Thomas Muse attested that the last time he saw the James Muse family record it was in the possession of Eleazer Burkhead. James B. Muse and wife Betsey Muse and Brinkley Phillips and wife Elizabeth Muse Phillips, daughter of Jesse Muse, attested that Charity was given land and livestock in compensation for Rachel. Thomas Muse stated that his sister Charity was given 300 acres on Killetts Creek and a mare and a colt for compensation. A copy of James and Charity Muse's family bible was entered into the record also.