“Jesse vs Them  Maneuvering the Court System”

As stated before, being a Free Person of Color ain’t easy. Jesse is now responsible for every aspect of his life from working, providing for his family, and paying debts.  Although Jesse was well respected in the black and white community, this was also a double edged sword that worked for him and against him. He was able to borrow money via mortgages and line of credit but he was also held responsible to repay his debt or face the consequences. Let’s see how Jesse faces these challenges and maneuvers through the court system. 

Jesse The Property Owner

Jesse was able to purchase property in the town of Columbia via a deed of trust or commonly known as mortgage. Jesse’s trustee was John Napier. Napier held the legal title to the property until Jesse paid the mortgage in full. Napier ensured that previous owners Alexander McRae paid in full for their property and then released the title to Jesse. Jesse purchased his first property on  Carmon Street in May 1816 via deed of trust. He paid the property in full and on July 24, 1820 petitioned the court to discontinue the deed of trust because he paid for the property free and clear. 

Jesse Gambles With Mortgages + His Enslaved Property

It’s unclear if this was Jesse’s first attempt to mortgage his assets for money, but on May 23, 1829 he filed an indenture or contract with 3 parties including him as party #1, Overton Petite, John Forbes Jr as party#2, and John Napier, George Mclean. Jesse borrowed  $829.54 from John Napier and debt to be repaid by Jan 1, 1831.  Jesse also had an open account with George Mclean from March 28, 1828  that  was also added to this indenture. The original amount for the account with Mclean was for $142 and Jesse had already paid $50. With indenture or contract, Jesse put up the following items as collateral to secure the loans: 2 Lots of his property, household & kitchen items, furniture, 5 heads of cattle, enslaved persons named Christopher and Maria (his sister). If the debt is not paid or satisfied, the collateral items will be sold at auction to pay the debt.

Jesse continued  to mortgage his assets for money. In 1832, Overton Petite, one of the persons Jesse borrowed money from,  did become concerned about the amount of debt being accrued  and the 2 lawsuits that Jesse is involved in despite the help they are trying to give. Petite requested more securities  on top of the collateral he is already presenting. With this trust Jesse’s collateral are 4 boats, utensils, wheat bags, and Negro Christopher, which would be auctioned if debt is not paid.

On August 1832, was unable to pay his debt and is in custody for a lawsuit with Booth Woodson. He surrenders his  interest and residency to his 2 previous deeds of trust to Washington Ware, the Sheriff of Fluvanna county and entered into a new indenture or contract. Jesse consolidated his debt to one debtor Sheriff Ware. 

As a result of Jesse’s mounting mortgages, there were numerous lawsuits against him.  Due to his ability to pay his debts Jesse did have a judgment , April 1832, that enacted the deed of trust to have his asset auction to pay his debt, but the plaintiff saved him by enacting a writ injunction to halt the selling of Jesse assets .  Although the court granted the motion a $150 security had to be paid to the court.  

Jesse The Court Orator

Jesse expresses concerns in 1831 as John McEntire decided to sue him for not paying him as he was working on the river as a boatman. Due to Jesse working on the river, he was not able to attend the trial against him and he defaulted on his debt. John McEntire and James Galt of the City of Richmond sue for judgment against Jesse or 142.34 and open account. At the trial Jesse proved to the court that McEntire was not prepared to prove to the court his account and funds owed. Jesse made payments to the account and it was credited. McEntire didn’t and /or wasn’t going to provide those updates to the court. Jesse showed up the next trial to inform the court that McEntire would allow him to add full credits to his account of said judgment but instead was adding charge to the account. He added   $3.25 for the patent ordered by James A Appleberry; that was already paid by order and receipt given. McEntire perpetually charged twice for items and he won’t correct the amount owed. 

Jesse actually moved freight for McEntire. September 1830 cargo to Richmond by the James River; 96 Bushels of wheat $9.08 charged,  November 1831, 220 bushel of wheat $17.92

McEntire charged Jesse for losing his product. Norris was baffled because he let the court know that wasn’t aware nor consent to have McEntire cargo and products on his boats. McEntire knew his claims were fraudulent and promised to adjust his accounts by creditng $40 to his account but never did after several requests. Court did allow McEntire to proceed in selling off Jesse’s property as advertised. Jesse took McEntire to Equity and ask for an injunction for selling is property and answer for not adjusting and accrediting the account as promised.

Sources

Fluvanna County, Virginia, Deed Book 9:525; Jesse Norris ,Overton Petit, John Forbes & John Napier and George Weiss, 20 May 1829 Office of the Recorder of Deeds, County of Fluvanna

Fluvanna County, Virginia, Deed Book 7:579; Jesse Norris ,Overton Petit, John Forbes & John Napier and George Weiss, 20 May 1829 Office of the Recorder of Deeds, County of Fluvanna

Fluvanna County, Virginia, Deed Book 10:211- 212; Jesse Norris ,Overton Petit and John Mc Entire, William Timberlake, 20 May 1829 Office of the Recorder of Deeds, County of Fluvanna

Fluvanna County, Virginia, Deed Book 10:267; Jesse Norris ,Overton Petit, John Forbes & John Napier and George Weiss, 20 May 1829 Office of the Recorder of Deeds, County of Fluvanna

Fluvanna County, Virginia, Deed Book 15: 275;Walter Cousin  & Manumission of wife Mariah, and 4 children Fleming, Sarah Elizabeth, Kenborn Walter,  & Martha Ann ,15 April 1848 Office of the Recorder of Deeds, County of Fluvanna

Fluvanna County, Virginia, Chancery Book 1:4, Jesse Norris (1832), Affidavit as to Heirs and Legatees, 8 August 1832; Probate Court Clerk’s Office.

Fluvanna County,Virginia, Chancery Book 1:12, Jesse Norris (1832), Affidavit as to Heirs and Legatees, 8 August 1832; Probate Court Clerk’s Office.

Fluvanna County, Virginia, Chancery Book 1:22, Jesse Norris (1832), Affidavit as to Heirs and Legatees, 8 August 1832; Probate Court Clerk’s Office.

Fluvanna County,Virginia, Chancery Loose Files, Jesse Norris (1832), Affidavit as to Heirs and Legatees, 8 August 1832; Probate Court Clerk’s Office.

Fluvanna County, Virginia, Chancery Book 1:4, Nancy Norris  (1832), Affidavit as to Heirs and Legatees, 8 August 1832; Probate Court Clerk’s Office.

Fluvanna County,Virginia, Chancery Book 1:4, Nancy Norris  (1832), Affidavit as to Heirs and Legatees, 8 August 1832; Probate Court Clerk’s Office.

Fluvanna County, Virginia, Will  Book 9:325,  Nancy Norris  (1863), Affidavit as to Heirs and Legatees, 8 August 1832; Probate Court Clerk’s Office.