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Archiver > APG > 2009-06 > 1245951982


From: Kathy Gunter Sullivan <>
Subject: Re: [APG] BOND - Lavina Jones and Alexander Carrell
Date: Thu, 25 Jun 2009 13:46:22 -0400
References: <6698DC818F6A4BB6BBBC233563D042F4@lura2004>
In-Reply-To: <6698DC818F6A4BB6BBBC233563D042F4@lura2004>


Lura,

David Dodd Esqr [Esquire] is Chairman of Sampson County Court.
The bond is payable to him or his successors in office.
The bond's language is incomplete. It should read "unto David Dodd Esqr
Chairman of the County Court of Pleas and Quarter Sessions of Sampson
County and his successors.

Read other bonds to become familiar with the typical language.

The bond amount is only payable if Levina Jones defaults on her promise.

I answered most of your other questions in my message to Mag.

What is the nature of this bond? *It is a performance bond.*
Why are Lavina Jones and Alexander Carrell bound to David Dodd? *They aren't. They are bound to the Sampson County Court of Pleas and Quarter Sessions.*

*Levina Jones is the principal person; not Alexander Carrell.

*

Would the wording of the bond be consistent with that type of [estate]
bond? *No. The bond executed by Levina Jones and Alexander Carrell has nothing to do with an administration bond. Read an administration bond, and you'll readily see how very different the bonds are.

*

Following is a link to an explanation about various kinds of bond that I
wrote some years ago. It may be of some assistance to you:
http://archiver.rootsweb.ancestry.com/th/read/nclincol/2005-12/1134245741

A bond is a legal agreement to do/or to guarantee something.
A marriage bond promises that there is no legal obstruction to marriage
- such as bigamy - it is NOT a promise to marry the woman;
a bastardy bond is the alleged father's promise to provide three years
support for the illegitimate child;
a bail bond is a promise to appear in court on a certain day;
an administration bond is a promise to faithfully administer an estate
through the probate process;
an I.O.U. is a bond - promising to repay a loan within a certain time
period;
a mortgage is a bond.

Point is, there are many kinds of bonds.

Surety on a bond is the co-signer to the bond. The co-signer is
guaranteeing that if the principal [the person executing the bond] fails
to do as agreed
within the bond, then he - the co-signer - will do it.


Kathy


Lura wrote:
> "What about David Dodd?"
>
> The wording of the bond states that both Lavina Jones AND
> Alexander Carrell were bound to David Dodd for 200 pounds.
> Clearly Alexander is not posting bond for Lavina Jones, nor is
> she posting bond for Alexander Carrell. It seems to me that
> David Dodd is serving as bondsman for Lavina Jones and Alexander.
>
> I have a scanned copy of the short bond, and this is my
> transcription of the body of the bond.
>
> "Know all men By these presents
> That we Levina Jones and Alexander Carrell are
> Held and firmly bound unto David Dodd Esqr
> Chairman of This successors in office in the sum of
> Two hundred pounds current money to him Which payment
> Well and truly to be made We bind ourselves Our Heirs
> Executors Administrators and asigns Jointly and severally
> Firmly by these presents Signed and sealed with our seals
> This second day of November One Thousand Eight hundred
> and Two 1802"
>
> After the court words of embellishment, it was signed by H
> Holmes, Clerk.
>
> For a very long time I have researched Alexander Carrell and the
> other Carroll/ell families of that area in that time period with
> brick walls in almost every direction. Finding this bond was a
> startling new development and a possible new direction for
> research.
>
> What I would like to learn.....
>
> What is the nature of this bond?
> Why are Lavina Jones and Alexander Carrell bound to David Dodd?
>
>
> I hope learning about this bond will help me answer these
> questions....
>
> Who is Lavina Jones?
> Could she be Alexander's sister?
> Are the two of them posting bond to administer the estate of
> Dempsey Carrell, Sr?
>
> A brief statement about why I feel this does not involve poverty:
>
> Alexander Carrell/oll owned several tracts of land in Sampson
> County, NC, just west of Six Runs Creek, adjacent to Dempsey
> Carrell, Sr., Stephen Carrell, James Carrell, and in the vicinity
> of Jesse, Thomas, John, and Elisha Carrell. He is mentioned in
> the court news several times on the jury and a few times on the
> grand jury between 1788 and 1792. He was appointed constable in
> 1793 and is mentioned often serving in that capacity through at
> least 1800.
>
> I have become convinced through the signing of Alexander's
> marriage bond, owning adjacent property, and several land
> transactions that Dempsey Carrell, Sr. is Alexander's father.
>
> Dempsey was exempted in court from paying poll tax on May 13,
> 1789 because he was "an aged and infirm man". The last record I
> can find for him was September 18, 1802 when he sold land.
>
> I believe that Dempsey, Sr. may have died between September and
> November 1802 and Lavina Jones and Alexander Carrell were posting
> bond as required to settle his estate. So far I have found no
> will nor record of probate of his estate.
>
> Would the wording of the bond be consistent with that type of
> bond?
>
> Would that seem to indicate that Lavina Jones MIGHT be the sister
> of Alexander Carrell?
>
> Thank you for your kindness in considering this bond.
>
> Lura CARROLL Southard
>
>
>
>
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