New Bern Superior Court Jan-March Term 1792 – John Sasser

MINTUES OF THE CASE ARE AS FOLLOWS: [The annotations are by Earl Sasser.] State of North Carolina New Bern Superior Court of Jan March Term 1792. Doe on the demise of Jas. Sasser & Guardian vs Samuel Blyth. Ejection! [This was the name of a mixed action which lay for the recovery of the possession of land.] The following Jury impaneled and charged Viz! [To-wit, that is to say.] 1. James Coore, 2. Thos. Armstrong, 3. P.G. Roulhai, 4. Casan Gibbs, 5. Wm. Watson, 6. Nathl. Tooley, 7. James Jaspen, 8. Wm. R. Jaspen, 9. Wm. Whitfield, 10. Wm. M. Herritage, 11. Joel Tison, 12. Robert Tolan find that John Sassers the elder was seized [Be legal possessor] of an Estate in fee Simple [An estate limited absolutely to a man and his heirs and assigns forever without limitation or condition.] of Land in question, and that on the Seventh day of April 1774 he executed [Completed, carried into full effect.] a deed of the Land in question to his Son John Sasser Junior, which deed is hereunto annised [?] and is admitted by both parties as a true Copy from the Original. The Jury further find that the said John Sassers Junior died Seized [Be legal possessor of] in fee simple [Again, his land without limitation or condition.] of the premises in Question in the year 1776 intestate [A person is said to die intestate when he dies without making a will.] and without issue [no descendants], leaving at the time of his death Wm Sassers his elder brother living, who afterwards died intestate [Without will] in the year 1781. leaving James Sassers his only son then an infant about five years old who is the Lessor of the Plaintiff. [In the common law action of ejectment, this is the party who really and in effect prosecuted the action. In this case it was 5- year-old James Sasser.] The Jury also finds that John Sassers the elder in his life time, executed a deed of the Land in question to Mary Blyth daughter of the said John Sassers Senior which deed is also hereunto annised [?] and admitted That the said John Sassers Senior afterward died in the Year 1782 in possession of the Land in Question. If the Law is for the Plaintiff they find the defendant guilty and assess Damage & Costs. if for the Defendant they find the defendant not guilty, and so they say all. ~~~Copy from the minutes~~~ – Silas Cooke Esq.

In a nutshell, here are the relationships from the court case:

(1) John Sasser, Sr.: died in 1782.

(2) John Sasser, Jr.: son of John, Sr. Died in 1776 and had no children.

(3) William Sasser: son of John, Sr. Died in 1781 and had only one son, James [others have said he had daughters Sarah and Ann]. James is the subject of the court case.

(4) Mary Sasser Blyth: daughter of John, Sr. She married Samuel Blyth. There are other records that show that

(5) Josiah Sasser was also the son of John Sasser, Sr.