Wednesday, September 04, 2013

Jesse Sumner (1814 1878)

All of your own genealogy is interesting reading.  And occasional you come across some universal interestig reading.  This might qualify:  And it seems I drug Jesse here before for public display.  Is that a way to treat your kin?

Jesse Sumner [4940], son of Samuel Sumner [86], was born on 21 Mar 1814 in , Buncombe Co, NC, died on 3 Aug 1878 at age 64, and was buried in Mt. Zion Baptist Church, Overlook Road, Arden, NC.

General Notes: Jesse and Rozilla acquired and disposed of several properties along the French Broad River and in the Big Ivey section of Buncombe County from 1840 - 1973.  Jesse was a farmer.

At Jesse's death Rozilla gave up all claim to the estate in favor of her son John B. Sumner.  She lived in his household in Limestone Township until her death. - Thelma Swanson

Jesse was elected Sheriff of Buncombe County in the general election held Apr 21 and 22, 1868.  Richard, his younger brother was one of the persons signing the bond.  The Asheville News and Farmer (Jul 1, 1869) in an article about the Buncombe Superior Court reported "The Criminal Docket is now being taken up in regular order.  It contains several capital felonies, but defendants are not on hand.  They broke jail - vamoosed - departed for fresh fields and green pastures.  It is not certain , as yet, whether the Sheriff and jailor will be indicted for permitting their escape."  On September 5, 1870, the County Commissioners refused to accept Jesse's bond.  Bonds were posted annually.  The commissioners appointed James M. Young, Sheriff.  Jesse tried again at the October meeting to be reinstated but was not.  He then took his case to court in State of North Carolina and Jesse Sumner vs James M. Young.  On January 9, 1871, a North Carolina Supreme Court ordered the Buncombe County Coroner to arrest James M. Young and bring him to trial.  Young tried to prevent the case from going to a jury trial, but the motion was denied.

Young claimed Jesse did not regularly post bond and account for tax monies collected. He also claimed that on or about the latter part of april or May 1, 1871, Jesse left North Carolina and did not intend to return.  Young also claimed that another general election was held and Jesse lost and forfieted his right to complete the original four year term.  It is not clear how the case was resolved.  The case was appealed to the North Carolina Supreme Court which charged each party with the cost of the court.  Apparently Young continued as sheriff.  Jesse did leave the state.  He was in Nebraska on Feb 5, 1873.

Jesse died August 3, 1878, without a will.   Elizabeth gave up all claim to the estate in favor of her son John B. Sumner.
Death did not stop litigation concerning Jesse Sumner.  In J.B. Sumner, Administrator vs Thomas J. Candler claimed Jesse accepted a horse, saddle, bridle, and suit of clothes in payment of the dept.  John claimed Candler was shifting ownership of property to his wife to avoid payment of th debt.  A compromise was reached.  Candler paid $700 in court costs, not already paid, on Feburary 11, 1887.

The value of Jesse's estate was nothing over the widow's year allowance.  Outstanding debts were $1,000.  A track of land acquired under the homestead laws of North Carolina was sold at auction on the courthouse steps.  Fifty acres, east of the French Broad River adjoining lands of J. Rice, R. Sumner, and J.E. Reed were sold to the highest bidder.  On November 4, 1878, C.M. McCloud paid $150.00 for the land.

Elizabeth lived with her son on his farm in Limestone Township, Buncombe County, until her death on July 30, 1901.
The above information came form Fred W. Willams, Joyce Justus Paris, interviews with family members, CRESWELL HISTORY AND GENEALOGY by J.O. Creswell, estate records, census records, wills, and other information in the North Carolina State Archives.
Researched and written by Mark Sumner, Jr., 1978, Revised Febuary 1985.  Additional information and/or comments concerning errors are solitcited.

Jesse married Elizabeth "Rosilla" Sorrells [4941] [MRIN: 1781], daughter of John A. Sorrells [4942] and Priscilla Debord [4943]. Elizabeth was born on 20 Mar 1824, died on 30 Jul 1901 in , Buncombe Co, NC at age 77, and was buried in Mt. Zion Baptist Church, Overlook Road, Arden, NC. They had eight children: Mary Emaline, Marcus L., Laura C., Jesse H., Julius M., John Bascombe, Pink Ella, and Jane.


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