MUNFORD WILSON OF RUTHERFORD COUNTY, NC

This article is the result of my research into records at the State Archives in Raleigh, NC. I have cited the source for each fact by referring first to the original record and, where appropriate, to the Call Number assigned by the Archives. (CR indicates County Record; DSCR indicates District Superior Court Record.)  Secondary sources are located in the Genealogical Services Branch of the NC State Library in Raleigh.

Munford Wilson's name appears many times in North Carolina records, primarily in Rutherford County. His given name if variously spelled as Munford, Mumford, Mumphord, Monford, and Munfort, among others.

Munford first appeared in North Carolina records on 26 May 1778, when in Tryon County he married Angelico Battle. [Tryon Co NC Marriage Bonds] Scroop Egerton was the witness. Angelico or Angelica was born 15 Feb 1759 to John Battle and Sarah Capell in Albemarle Parish VA. She was christened 4 Mar 1759 and her godparents were Thomas Battle, Mary Battle, and Angelica Capell. [Albemarle Parish VA registry records] Her sister Nancy, born 27 Dec 1755, married Scroop Egerton. Their other siblings were Hartwell, John, and William Battle.

In the book The Descendants of Mathew Battle by Lynwood Deal Jordan, Sr. and Opal Battle Smith (1992), they state that little is known of Munford and Angelico's stay in North Carolina before they moved with other family members to Tennessee. [p. 39] To the contrary, the following pages tell quite a bit.

Munford next appeared on 21 Jan 1779 as witness to a deed from Patrick Hamilton and his wife, Margaret, to Benjamin Adams for 300 acres located on both sides of Mount Creek of Second Broad River in Rutherford County. [Rutherford Co NC Deed Book A, page 44] In Aug 1779 Munford was sued in Bute Co NC by John Mosely in case. (Case was short for "trespass on the case," a form of action in which the plaintiff's injury was not accompanied by the defendant's direct violence, or was an indirect result of the defendant's actions.) Judgment was entered for plaintiff for one pence damages, plus court costs. [Bute Co NC Court Minutes 1767-1779] Munford's name appeared in October as the Hamilton deed was presented in court for probate. [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, 1779-Apr 1786; CR 086.301.1]

Munford served as a juror at the Jan 1780 term of court. [Ibid.] The tax records for early Rutherford County are spotty at best, there is a good 1782 list and fragments of the 1785 list. Munford appeared on the 1782 list in Capt. Whitesides Company, and he listed 1 horse and 2 cows, but no land, for taxes. He was also sued that year. George and Rachael Black brought suit against Munford, Benjamin Adams Jr. and William Battle in connection with the estate of Benjamin Adams, deceased. [Morgan District Superior Estates Records, Benjamin Adams Estate, 1779-1806; DSCR 205.508.1] Battle was his brother-in-law.

In Jan 1783, Munford was cited to court to answer to the charge of treason. [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, 1779-Apr 1786; CR 086.301.1] He and many others, including his brother-in-law William Battle, were cited to court. There is no record to indicate that he ever lost property as a result of the charge. George Black Esq. obtained judgment in his case against Wilson. Battle and Adams in the amount of £ 52:10 plus costs. [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, 1779-Apr 1786; CR 086.301.1]

Elias Morgan brought suit in Sep 1784 against Munford, Scroop Edgerton, Sarah Battle and John Forgey as executors of the estate of John Battle of the province of Virginia and county of Sussex. [Morgan District Superior Court Estates Records, John Battle Estate, 1779-1806; DSCR 205.508.1] On 10 Sep 1784 William Robison (Robinson) was directed to answer the complaint of Wilson and Edgerton, executors of the estate of John Battle, deceased. [Ibid.] Wilson and Egerton were appointed administrators of the estate of John Battle Sr. in Oct 1784. [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, 1779-Apr 1786; CR 086.301.1] Samuel McFaden and Thomas Morris were sureties on their bond. [Id.]

Elias Morgan sued Scroup Edgerton and others for debt in Apr 1785; Munford and William Gilbert stood as bail. [Rutherford Co NC Trial Docket, 1785-1787, CR 086.308.1] Prosecution bonds were often posted by the plaintiff to assure that the plaintiff would follow through with the case, and if the plaintiff wished to appeal the outcome, an appeal bond was posted. Possibly there were defense bonds as well. That same month, Munford sued William Robinson in case. [Ibid.] William Gilbert stood as Robinson's bail. Also in April, George Black brought suit against Munford and James Whiteside in case. [Ibid.] Scroup Egerton and Rob Melone were bail.

These three cases were again on the trial docket for the Jul and Oct 1785 terms. [Ibid.] Munford served on the jury in October [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, 1779-Apr 1786; CR 086.301.1]; he also appeared on the trial docket as plaintiff against Mary Biggerstaff in an appeal from the judgment entered by J. Withrow Esq for £ 2 plus 2/8 costs. William Huddleston was bail. [Rutherford Co NC Trial Docket, 1785-1787, CR 086.308.1]

The cases of Morgan v. Egerton et al, Black v. Wilson and Whiteside (with Egerton as bail), and Wilson v. Biggerstaff were on the Jan 1786 trial docket. [Ibid.] Mary Biggerstaff seems to have counter-sued Munford; Samuel Hunter was bail in the case. [Ibid.]

Munford sought a grant of land on 1 Jan 1786. He made an entry for 100 acres on Marlins Creek of First Broad River joining above Langford's upper line. [Rutherford Co NC Land Entries, 1783-1797; CR 086.404.2] A notation indicated that the land was actually granted to Enlow. The process for obtaining a land grant was that an individual, normally after having "tried out" a tract of land by living on it for some time, went to the county entry taker and gave a general description of the land, including water courses and adjoiners. The entry taker ordered the county surveyor to survey the tract and prepare two plats. If the person paid the fee, these items were sent to the Secretary of State, who issued a land grant in the name of the governor. If the person did not pay the fee, someone else could take up the grant.

Munford again saw jury duty at the Apr 1786 term of court. [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, 1779-Apr 1786; CR 086.301.1] Either five or six cases on the trial docket that term involved Munford: Morgan v. Egerton, Wilson v. Robinson (possibly two cases), Black v. Wilson and Whiteside, Wilson v. Biggerstaff, and Biggerstaff v. Wilson. [Rutherford Co NC Trial Docket, 1785-1787, CR 086.308.1]

Familiar cases again appeared on the trial docket for the Jul 1786 term - Morgan v. Egerton, Wilson v. Robertson (Robinson), Black v. Wilson and Whiteside, Wilson v. Biggerstaff, Biggerstaff v. Wilson. [Ibid.] In addition, Wilson and Egerton stood bail in the case of Samuel Knox v. James Holland. [Ibid.] In Munford's suit against William Robinson, depositions were sent to unnamed persons in South Carolina and Georgia. [Ibid.] John Gasperson was charged with murder in Morgan District Superior Court; Munford served with Hugh Greenwood as sureties on his £ 500 bond. [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, Jan 1781-Apr 1786, p. 6; CR 086.301.2] Munford and Thomas Morris also stood bail in a suit by Uriah Hann and wife against Hugh Greenwood for breach of covenant [Rutherford Co NC Appearance Docket, 1786-1792; CR 086.303.1]; he and Hugh Smith stood bail in the case of William Gilbert v. John Smith. [Rutherford Co NC Trial Docket, 1785-1787, CR 086.308.1] Munford sat on the jury during the term of court, as well. [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, Jan 1781-Apr 1786, p. 12; CR 086.301.2]

Again in Oct 1786, Munford served on the jury. [Ibid., p. 29] His case against William Robinson was scheduled for trial. [Ibid., p. 39; Rutherford Co NC Trial Docket, 1785-1787, CR 086.308.1] Another case on the docket was Wilson and wife v. Robinson. [Rutherford Co NC Trial Docket, 1785-1787, CR 086.308.1] Also noted on the docket were the cases of Morgan v. Egerton, Black v. Wilson and Whiteside, Wilson v. Biggerstaff (with the notation "plaintiff has paid my fee, W.A." -- certainly Waightstill Avery), Biggerstaff v. Wilson, Knox v. Holland, Gilbert v. Smith, and Hann v. Greenwood [Ibid.] Robert Campbell appealed his case against Munford, which had resulted in a verdict of £ 4 plus 2/8 costs. [Ibid.] Finally that term, Munford filed a report of the inventory of the John Battle estate; they reported the inventory to be valued at £ 714:3:9. [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, Jul 1786-Apr 1789, p. 48; CR 086.301.2]

Jan 1787 saw most of the same cases on the trial docket - Morgan v. Egerton, Wilson v. Robertson, Black v. Wilson and Whiteside, Wilson v. Biggerstaff, Wilson and wife v. Robertson, Gilbert v. Smith, and Hann v. Greenwood. [Rutherford Co NC Trial Docket, 1785-1787, CR 086.308.1] As usual, Munford served on the jury. [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, Jul 1786-Apr 1789, p. 57; CR 086.301.2] on 9 Feb 1787, Wilson and Egerton sued William Robertson in a dispute over a slave. [Morgan District Superior Court Slave Records, DSCR 205.928.1]

Munford served on the jury again at the Apr 1787 term of court. [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, Jul 1786-Apr 1789, p. 80; CR 086.301.2] He was a witness for Daniel Chitwood in his suit against Timothy Riggs, Esq. [Ibid., p. 90] The court named him to a jury to lay out a road from Garret Vansant's plantation the nearest and best way to the Burke line above William Phane's; other members of the jury were Phane, Abraham Barnett, Richard Singleton, Robert Jones, Josiah Jones, Vansant, Thomas Stockton, Samuel Whiteside, John Scott, Patrick Watson, and Joseph Grissom. [Ibid., p. 103] Among the cases docketed for trial were Morgan v. Egerton, Black v. Wilson and Whiteside, Knox v. Holland, Wilson and wife v. Roberson, Gilbert v. Smith, Campbell v. Wilson, and Hann and wife v. Greenwood. Mary Biggerstaff's suit against Munford was abated by her coverture; in other words, she had married. [Rutherford Co NC Trial Docket, 1787-1789, CR 086.308.2]

John McGaughy and wife sued Munford at the Jul 1787 term of court on a promissory note for £ 8; John Carson was bail. [Rutherford Co NC Appearance Docket, 1786-1792; CR 086.303.1] Munford was named to the grand jury and Robert Campbell's suit against him was scheduled for trial. The judgment from the lower court was reversed. [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, Jul 1786-Apr 1789, p. 110; CR 086.301.2] Munford was named to another road jury, this time to lay off a road from the Burke line above John Scott's on Cane (Creek) the nearest and best way to Queens Waggon Road near Thomas Welch's; the jury included Welch, William Robinson, John Scott, Patrick Watson, John Guffie, William Huddlestone, Aaron Devany, William Phariss, William Long, James Thompson, Samuel Andrews, Thomas Early, Alexander McGaughy, and John Watson. [Ibid., p. 129] The same cases again appeared on the trial docket. [Rutherford Co NC Trial Docket, 1787-1789, CR 086.308.2] Munford's case against William Roberson was continued for award; George Black dismissed his suit against Munford and James Whiteside, and judgment from the lower court in Robert Campbell's suit was reversed. [Ibid.]

Munford and Scroop Egerton sued and were sued by William Robinson in Sep 1787. [Morgan District Execution Docket Superior Court, 1786-1803; DSCR 205.318.1] This was very likely over the dispute involving a slave. Wilson and Egerton claimed that Robinson owed them 55 pounds, probably the price of the slave. Then in October Munford and Joel Blackwell stood as bail in the trover case of John Scott v. William Henson. Scott excepted to Blackwell as bail. [Rutherford Co NC Appearance Docket, 1786-1792; CR 086.303.1] Elias Morgan discontinued his suit against Scroop Egerton, with the defendant paying the costs. The two suits against William Roberson were again on the trial docket, as were the cases of Gilbert v. Smith and McGaughy and wife v. Wilson. [Rutherford Co NC Trial Docket, 1787-1789, CR 086.308.2]

During the Jan 1788 term of court, Munford was summoned to the next court to answer for his nonattendance as a juror. [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, Jul 1786-Apr 1789, p. 182; CR 086.301.2] The two Roberson cases and McGaughy v. Wilson also were on the docket. [Rutherford Co NC Trial Docket, 1787-1789, CR 086.308.2]

William Robinson's case in Morgan District Superior Court against Wilson and Egerton resulted in judgment for Robinson, who seems to have sought to execute on his judgment in Mar 1788. Court records note that each party made payment to the sheriff. [Morgan District Superior Court Execution Docket, 1786-1803; DSCR 205.318.1]

Munford was chosen to serve on another road jury at the Apr 1788 court session. The road ran from the Rutherford court house up Cane Creek to the Burke line - pretty close to present US 64. Other members of the jury were John Holland, Ezekiel Enloe, William Robinson, James Withrow, James Miller, Col. Joshua Scott, Miles Goforth, Patrick Watson, William Phariss, Samuel Reed, John Goforth, John Guffee, Alexander McGaughy, William Porter, William Huddlestone, and William Smart. [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, Jul 1786-Apr 1789, p. 193; CR 086.301.2] Munford also served on the jury [Ibid., p. 198] and after he provided a sufficient explanation, the court excused his nonattendance at the prior term. [Ibid., p. 209] His case against William Roberson did not come to trial [Ibid., p. 200; Rutherford Co NC Trial Docket, 1787-1789, CR 086.308.2], but he and Angelico obtained judgment against Roberson in the other case in the amount of £ 2.5 plus 6 pence costs (although the court minutes show the amount to be £ 45). [Rutherford Co NC Trial Docket, 1787-1789, CR 086.308.2] Two other cases were docketed - McGaughy and wife v. Wilson and Scott v. Henson. [Ibid.] On 16 Apr 1788 Munford sold a Negro named Dick, aged 2 years, to Samuel Carpenter for £ 50. [Rutherford Co NC Will Book A, p. 31]

In Jul 1788 Munford and George Fleming stood bail in the suit by William Price against John Watkins. [Rutherford Co NC Appearance Docket, 1786-1792; CR 086.303.1] He again served on the jury. [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, Jul 1786-Apr 1789, p. 228; CR 086.301.2] The cases of Wilson v. Roberson, McGaughy and wife v. Wilson, and Scott v. Henson were docketed for trial. [Rutherford Co NC Trial Docket, 1787-1789, CR 086.308.2]

Oct 1788 was a busy term of court for Munford. Once more he was on the jury. [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, Jul 1786-Apr 1789, p. 249; CR 086.301.2] His case against William Robinson finally came to trial and Thomas Early testified on Munford's behalf. (His bill for being a witness showed that he had been present in court 28 days at 4 shillings per day; his payment was £ 5:12:8.) [Ibid., p. 252] The jury found in Munford's favor and assessed damages at 4 shillings. However, Robinson moved to arrest judgment, the court granted the motion, and Munford was ordered to pay the costs. [Id.; Rutherford Co NC Trial Docket, 1787-1789, CR 086.308.2] John Hampton had sued Munford before Jonathan Hampton Esquire; the court ordered that the case be brought up and that execution by Hampton be superceded until further proceedings at the next court. [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, Jul 1786-Apr 1789, p. 262; CR 086.301.2] A deed from Elisha and Elizabeth Moore and Peter Carson to Thomas Caple for 100 acres on the south side of Second Broad River adjoining Scroop Egerton was presented for probate; Munford witnessed the deed. [Ibid., p. 268] The deed had been executed earlier that month on the 16th. [Rutherford Co NC Deed Book E, p. 650] (This land passed by Capel's will to Daniel Wilson, his "friend and near kinsman. Wilson qualified as administrator or executor in Sep 1833. In 12 Feb 1836 Daniel Wilson of Burke Co NC sold the land to John Logan [Rutherford Co NC Deed Book 41/42, p. 483]. Logan also witnessed Capel's will. From census information, Daniel Wilson was born between 1784 and 1790 and must have been either a son or nephew of Munford Wilson. Munford had a brother named Daniel.) Two cases were docketed but not reached - McGaughy and wife v. Wilson and Scott v. Henson. [Rutherford Co NC Trial Docket, 1787-1789, CR 086.308.2]

At the Jan 1789 term, Hampton's case against Munford was on the docket [Rutherford Co NC Appearance Docket, 1786-1792; CR 086.303.1]; other records identified it as a suit involving land. [Rutherford Co NC Trial Docket, 1787-1789, CR 086.308.2] Scott v. Henson was on the docket but not reached. [Ibid.] These two cases were again scheduled for the Apr 1789 and Jul 1789 sessions. [Ibid.] Hampton's land suit was scheduled again in Oct 1789. [Rutherford Co NC Trial Docket, 1789-1792, CR 086.308.3] Munford also asked the court for permission to sell a Negro boy called Cato owned by the John Battle estate. The court refused to grant the sale. [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, Jul 1789-Oct 1793, p. 23; CR 086.301.3]

Munford's only appearance in the census was in 1790. He was on page 157 of the Rutherford County census, and he reported one male age 16 or older (himself), three males under age 16, four females and 4 slaves. He was listed in the 5th District.

In Jan 1790 Waightstill Avery sued Munford for debt. John and William Smith were bail. [Rutherford Co NC Appearance Docket , 1786-1792; CR 086.303.1] Hampton's suit was docketed but not reached. [Rutherford Co NC Trial Docket, 1789-1792, CR 086.308.3] The case did come on for trial at the Apr 1790 term of court [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, Jul 1789-Oct 1793, p. 69; CR 086.301.3], and the jury found for Munford. [Rutherford Co NC Trial Docket, 1789-1792, CR 086.308.3] Hampton moved for a new trial and the court granted his motion. [Ibid.] John and William Smith stood as bail in Avery's suit. [Ibid.]

At the Jul 1790 term, the court appointed Munford along with Hugh Smith, Robert Smith, Anthony Osborn, Garrett Vinsant, William Jones, Daniel Melton, William Monroe, Philip Monroe, Byram Barnett, William Smith, Thomas Stockton, Joseph Grayson, Richard Singleton, and John Walker to a jury to lay off a road around James Vanzant's plantation. [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, Jul 1789-Oct 1793, p. 91; CR 086.301.3] Avery's suit against Munford was on the docket but not reached. [Rutherford Co NC Trial Docket, 1789-1792, CR 086.308.3] Nor did that case or Hampton's suit reach the court in Oct 1790. [Ibid.] However, Munford found himself in a familiar location - the jury box. [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, Jul 1789-Oct 1793, p. 101; CR 086.301.3] On 9 Dec 1790, Munford executed a note payable in one thousand pounds of tobacco to James Withrow, 12 months from date. [Morgan District Civil Action Papers, DSCR 205.325.5]

In Jan 1791, neither the Hampton nor Avery suit came to trial. [Rutherford Co NC Trial Docket, 1789-1792, CR 086.308.3] The John Scott v. William Henson case, in which Munford stood bail, was in court on a writ of scire facias [sci fa], meaning that the court was calling for the bondsman to pay since the party failed to appear for court. Instead, Munford brought in the person. [Ibid.] Again he sat on the jury. [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, Jul 1789-Oct 1793, p. 115; CR 086.301.3]

Munford was again serving on the jury in Apr 1791. [Ibid., p. 130] He and Danl. Maddin served as sureties on the £ 25 bond in the assault and battery charge by the State against William Phariss. [Rutherford Co NC State Docket County Court, 1783-1793; CR 086.307.1] Hampton's suit against Munford, as well as Avery's suit, were on the trial docket; so was the Scott v. Henson case. [Rutherford Co NC Trial Docket, 1789-1792, CR 086.308.3]

Munford stood bail again in Jul 1791, this time in the case of Leanah Ross by Sarah Ross v. William Farris. [Rutherford Co NC Appearance Docket, 1786-1792; CR 086.303.1] The Hampton, Avery, and Scott v. Henson cases were again docketed but not reached, as they were also in Oct 1791. [Rutherford Co NC Trial Docket, 1789-1792, CR 086.308.3] He once more served on the jury. [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, Jul 1789-Oct 1793, p. 170; CR 086.301.3] Munford also was designated attorney-in-fact by Arthur Osborn on 14 Oct 1791 concerning the estate of his deceased father, Arthur Osborn, who had died in Albemarle Co VA. Witnesses to the document were Dan'l Norvil and Jon. Hampton. [Rutherford Co NC Will Book A, p. 57]

During 1792, Munford and William House were sureties for George Ledbetter in John Tate's lawsuit in Morgan District Superior Court. [Morgan District Civil Action Papers; DSCR 205.325.4] At the Jan 1792 county court session, Thomas Huskison filed suit in case against Munford; Thomas Street and Arthur Osborn were bail. [Rutherford Co NC Appearance Docket, 1786-1792; CR 086.303.1] Once more the Hampton, Avery and Scott v. Henson cases did not come to trial. [Rutherford Co NC Trial Docket, 1789-1792, CR 086.308.3]

In Apr 1792, Munford served on the jury. [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, Jul 1789-Oct 1793, p. 204; CR 086.301.3] Both the Hampton and Avery cases were on the docket again. [Rutherford Co NC Trial Docket, 1789-1792, CR 086.308.3]

The Jul 1792 court term included the case of Robert Young v. Saml. McFadin, in which Munford and Joseph Burnitt stood bail. [Rutherford Co NC Appearance Docket, 1786-1792; CR 086.303.1] Cases on the trial docket included Hampton v. Wilson, Avery v. Wilson, Scott v. Henson, and an appeal in the case of James Withrow v. Munford. [Rutherford Co NC Trial Docket, 1789-1792, CR 086.308.3] Hampton obtained judgment against Munford in the amount of £ 11. Thomas Early testified for Munford and his witness bill covered 16 days in court and 230 miles traveled. Anthony Metcalf testified for Hampton. [Ibid., Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, Jul 1789-Oct 1793, p. 218; CR 086.301.3] Again, Munford served on the jury. [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, Jul 1789-Oct 1793, p. 220; CR 086.301.3]

By Oct 1792 it was clear that Munford must have appealed two cases that were resolved in favor of James Withrow. One judgment was for £ 10:3; the other was for £ 16:15:3. [Rutherford Co NC Trial Docket, 1789-1792, CR 086.308.3] Munford was involved in three other cases on the docket: Avery's suit, Scott's case - this time against Munford on the bail, in which Munford prevailed - and Younge v. McFadin. [Ibid.] And on 1 Nov 1792, Munford witnessed a deed from Daniel Stockton to Thomas Street for 100 acres on Beaty's Creek adjoining Beman; William Phares witnesses the deed also. [Rutherford Co NC Deed Book M, p. 169; CR 086.401.12]

1793 began with Munford serving on the jury at the January term of court. [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, Jul 1789-Oct 1793, p. 261; CR 086.301.3] Cases on the docket included Avery's suit, Withrow's two suits, and Younge v. McFadin. On 18 Feb 1793 he sold a Negro girl named Hanah, aged 9 or 10, for £ 70 to Joseph Carpenter. Sam'l Younge and John Talbart were witnesses. [Rutherford Co NC Will Book B, p. 10]

April found Munford in the jury box once more. [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, Jul 1789-Oct 1793, p. 284; CR 086.301.3] Munford was relieved of being bail in Younge's case as the case was discontinued. However, Avery's suit and the two Withrow cases remained on the docket. [Rutherford Co NC Trial Docket, 1792-1799, CR 086.308.4] A third case in which Withrow sued Munford was added to the docket; notice was sent in this case to S. Carpenter. [Ibid.] The entry prior to this case was Zacheus Wilson v. James Withrow - quite possibly a relative of Munford.

In Jul 1793 the Avery and three Withrow suits were again on the trial docket. [Ibid.] On 19 Jul 1793 Munford witnessed Steven Lankford's deed to Thomas Street for 100 acres on Marlins Creek of First Broad River. Other witnesses were Robert Taylor and William Phares. [Rutherford Co NC Deed Book M, p. 81; CR 086.401.12]

One of James Withrow's cases against Munford was in Morgan District Superior Court; it involved an unpaid note from 1790. The case was brought in Sep 1793. [Morgan District Civil Action Papers, DSCR 205.325.5] This was apparently the 9 Dec 1790 note payable in 1,000 pounds of tobacco.

Munford was called for jury duty again in Oct 1793. [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, Jul 1789-Oct 1793, p. 312; CR 086.301.3] The Withrow case in Morgan District Superior Court seems to have been in addition to his other three cases against Munford; they were on the Oct 1793 County Court Docket for Rutherford. [Rutherford Co NC Trial Docket, 1792-1799, CR 086.308.4] So was Avery's suit. [Ibid.] Two new cases were brought against Munford. One was State v. Munford Wilson. [Rutherford Co NC State Docket County Court 1783-1793, case #11; CR 086.307.1] The principal [Munford] was bound in the amount of £ 25, as were William Battle, L. Pain, and Jno Byars. The other case was State v. Munford Wilson, Jas. Beall and Moses Saunders. [Ibid., case #14] Munford entered a plea of not guilty.

The Jan 1794 term found Munford again serving on the jury. [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, Jan 1794-Oct 1798, p. 3; CR 086.301.4] The court entered into probate a deed from Stephen Langford to Thomas Sheet for 100 acres that Munford had witnessed. [Ibid., p. 7] Five cases on the trial docket were against Munford - Avery's suit, Withrow's three cases, and Singleton's suit. [Rutherford Co NC Trial Docket, 1792-1799, CR 086.308.4] On 6 Feb 1794 Munford obtained a land grant for 100 acres on Marlins Creek of First Little Broad River. [Rutherford Co NC Deed Book J-L, p. 155]

James Withrow had obtained judgment against Munford in the amount of £ 15:12:6 on 4 Dec 1792; he executed on this judgment in Apr 1794 by having a Negro girl Clarary, 3 yrs old, sold. William Wilson witnessed the sale. [Rutherford Co NC Will Book B, p. 26] The five cases from Jan 1794 were again on the Apr 1794 trial docket. The judgment of the lower court in Withrow's first case was confirmed; all other cases were continued. [Rutherford Co NC Trial Docket, 1792-1799, CR 086.308.4] Munford served on the jury again. [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, Jan 1794-Oct 1798, p. 13; CR 086.301.4]

Munford served on the jury again in Jul 1794. [Ibid., p. 28] James Withrow was nonsuited for failure to appear in one of his cases against Munford. [Ibid., p. 27; Rutherford Co NC Trial Docket, 1792-1799, CR 086.308.4] The Avery and Singleton cases were not reached. [Rutherford Co NC Trial Docket, 1792-1799, CR 086.308.4] Interestingly, a claim by Ludford Pain against Munford for trover indicated that the defendant could not be found, and that alias summons was issued. [Ibid.] This was a report back to the court to tell that when the sheriff attempted to serve Munford, he could not be found. Finally, in the case of State v. Wilson for assault and battery, Munford was found guilty. [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, Jan 1794-Oct 1798, p. 30; CR 086.301.4]

Where should Munford be in Oct 1794 than on the jury? [Ibid., p. 42] The cases against him by Avery, Withrow, Singleton and Pain were on the docket but none was reached; however, Pain's case noted that the summons had been served (executed) on Munford. [Rutherford Co NC Trial Docket, 1792-1799, CR 086.308.4]

James Withrow had a case in Morgan District Superior Court in 1795 against Munford for a £ 20 debt. [Morgan District Civil Action Papers; DSCR 205.325.6] Munford also had to worry about Rutherford County court, since the Pain, Avery, Withrow, and Singleton cases were pending there. They did not come to trial. [Rutherford Co NC Trial Docket, 1792-1799, CR 086.308.4]

Apr 1795 was a busy month for Munford in court. James Withrow's case was resolved in Munford's favor by the jury. [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, Jan 1794-Oct 1798, p. 77; CR 086.301.4; also Rutherford Co NC Trial Docket, 1792-1799, CR 086.308.4] The Avery, Singleton and Pain cases were not reached although they were on the docket. [Rutherford Co NC Trial Docket, 1792-1799, CR 086.308.4] Munford's brother-in-law William Battle sued him in case, but Munford had not been found and alias summons was issued. [Ibid.] And Munford brought suit in case against John and Jeffery Walker. [Ibid.]

Court for Jul 1795 also involved Munford in a number of cases. Avery's suit once more was not handled, nor was Ledford Pain's. [Ibid.] Richard Singleton was nonsuited when he failed to appear in court. [Ibid.; Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, Jan 1794-Oct 1798, p. 98; CR 086.301.4] Munford's suit against John & Jeffery Walker was dismissed at their cost. William Battle's case against Munford was noted as having been discontinued as of the last court session. [Rutherford Co NC Trial Docket, 1792-1799, CR 086.308.4] And Munford sat on the jury again. [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, Jan 1794-Oct 1798, p. 99; CR 086.301.4]

Avery still did not have his case heard at the Oct 1795 session, and Pain's claim for trover, though not reached, was shown to involve a claim for two geldings and one mare. Robert Weire sued Munford in case, but the sheriff failed to find him so that alias summons was issued. [Rutherford Co NC Trial Docket, 1792-1799, CR 086.308.4] The next month, on 9 Nov 1795, Munford obtained a tract of land from Joseph Ervine. The deed was for 100 acres on the east side of Second Broad River below John Camp's entry. Alexr. and Mary McGaughy witnessed the deed. [Rutherford Co NC Deed Book M-Q, p. 539]

Munford took his deed to the Jan 1796 term of court for probate. Alexander McGaughy, a witness, proved the deed. [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, Jan 1794-Oct 1798, p. 153; CR 086.301.4] Neither the Avery, Pain nor Weire cases came to trial. David Forbush stood bail in the Weire case. [Rutherford Co NC Trial Docket, 1792-1799, CR 086.308.4]

Avery and Pain were continued again at the Apr 1796 court. [Ibid.] However, Weire obtained judgment against Munford in the amount of £ 20:16 and fi fa was issued. The suit seems to have involved money loaned to Munford; his unsuccessful defense was based on his having performed his covenant, as well as usury. [Ibid., Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, Jan 1794-Oct 1798, p. 170; CR 086.301.4] Munford had apparently issued execution against James Withrow for the costs of the case resolved in Munford's favor. These costs were 44/9 clerk's fees, 10/8 sheriff's fees, and 16/8 witness fees for John Walker. The costs were settled. [Rutherford Co NC Execution Docket 1796-1805; CR 086.304.1]

Ledford Pain was nonsuited at the Jul 1796 term of court when he failed to appear. [Rutherford Co NC Trial Docket, 1792-1799, CR 086.308.4; Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, Jan 1794-Oct 1798, p. 183; CR 086.301.4] Weire sought to execute on his earlier judgment against Munford, but the sale was postponed. [Rutherford Co NC Execution Docket 1796-1805, CR 086.304.1] Avery's case, though on the docket, was not reached. [Rutherford Co NC Trial Docket, 1792-1799, CR 086.308.4] Munford was summoned to Morgan District Superior Court on 1 Sep 1796 to give evidence for Hugh Greenwood. Other witnesses for Greenwood were James Cook, Hugh Kilpatrick, James Witherow and Patrick Scott. [Morgan District Criminal Action Papers, DSCR 205.326.4]

Oct 1796 was relatively quiet for Munford. Avery's case was continued again, and William Polk Esq. sued Munford for debt. William Webb stood bail. [Rutherford Co NC Trial Docket, 1792-1799, CR 086.308.4] Robert Weire executed on his judgment and the sheriff sold a cow and calf. [Rutherford Co NC Execution Docket 1796-1805, CR 086.304.1] In addition to the £ 20:16 judgment were clerk fees of £ 1:5:3, attorney fees of 40 shillings, government tax of 5 shillings, and sheriff fees of 8:8. The sale brought £ 3:6:0. Pain also executed and obtained £ 4:11:8. [Ibid.]

Neither the Avery nor the Polk cases were reached in Jan 1797. [Rutherford Co NC Trial Docket, 1792-1799, CR 086.308.4] Munford served on the jury during the term. [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, Jan 1794-Oct 1798, p. 226; CR 086.301.4] Although Weire had sought to execute on his judgment against Munford, he stayed execution, but Pain's judgment was satisfied through execution. [Rutherford Co NC Execution Docket 1796-1805, CR 086.304.1] On 4 Mar 1797 James Withrow had John Carson subpoenaed to give evidence in his case in Morgan District Superior Court against Munford. [Morgan District Civil Action Papers, DSCR 205.325.7]

Again in Apr 1797, Avery and Polk saw their cases continued. [Rutherford Co NC Trial Docket, 1792-1799, CR 086.308.4] In addition, William Webb Sr. brought suit against Munford and Joseph Irwin with James Hix as bail; Jonas Bedford sued Munford in case but since the sheriff could not find Munford, alias summons issued. [Ibid.] Munford was in the jury box once again. [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, Jan 1794-Oct 1798, p. 250; CR 086.301.4] Robert Weire's judgment was satisfied by James Boyle. [Rutherford Co NC Execution Docket 1796-1805, CR 086.304.1]

Four cases against Munford were on the trial docket in Jul 1797, but not heard - Avery, Polk, Webb and Bedford. [Rutherford Co NC Trial Docket, 1792-1799, CR 086.308.4] Bedford's case indicated that Munford had not been found. The same was true in Oct 1797, although in Bedford's case an entry indicates that levy was made on two tracts of land, including the one on which Munford lived. [Ibid.] Munford served on the jury in October, [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, Jan 1794-Oct 1798, p. 292; CR 086.301.4] and he was witness to a deed from John Jones to David Forbes for 100 acres, dated 18 Nov 1794. [Ibid., p. 306]

The records from Jan 1798 are the same as for Oct 1797 - Avery, Polk, Webb and Bedford were continued, and Bedford had levied on two tracts of land. [Rutherford Co NC Trial Docket, 1792-1799, CR 086.308.4] James Withrow's case in Morgan District Superior Court was still active, as one paper dated 15 Mar 1798 showed. [Morgan District Civil Action Papers, DSCR 205.325.7]

Court in Apr 1798 was much like the earlier sessions, except that in Bedford's case, Hollyman Battle and John Sorrells Sr. came into open court on replevy and surrendered goods to the court. [Rutherford Co NC Trial Docket, 1792-1799, CR 086.308.4] (He was the son of Munford's brother-in-law John Battle, who married Anne Holliman.) Munford was described as an assignor in this case. [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, Jan 1794-Oct 1798, p. 354; CR 086.301.4] In addition, Avery discontinued his suit as Munford agreed to pay his attorney fee. [Rutherford Co NC Trial Docket, 1792-1799, CR 086.308.4] The Polk and Webb cases were continued, while Bedford obtained judgment against Munford in the amount of £ 70:16:0. [Id.] Wallace Alexander sued Munford for debt. [Id.]

James Withrow's claims for debt against Munford in Morgan District Superior Court were satisfied in Sep 1798. In one case the judgment was for £ 20 and in the other, £ 16:15:3. [Morgan District Execution Docket Superior Court 1786-1803, DSCR 205.318.1]

In Oct 1798, Polk's case was continued, Avery's case showed that he had been paid, and Munford served as bail in James Miller's suit against Ben Tucker. [Rutherford Co NC Trial Docket, 1792-1799, CR 086.308.4] Bedford executed on his judgment on 160 acres and two "horse creatures" belonging to Munford; the execution was too late for the land to be sold, but the horses brought £ 28:6:0. [Rutherford Co NC Execution Docket 1796-1805, CR 086.304.1]

The Polk and Webb cases were continued in Jan 1799; Munford confessed judgment in favor of Alexander in the amount of £ 34:19:6 plus costs. [Rutherford Co NC Trial Docket, 1792-1799, CR 086.308.4] Bedford agreed for his execution to be stayed. [Rutherford Co NC Execution Docket 1796-1805, CR 086.304.1] John Lattimore executed on his judgment against William Whiteside et al; Munford was paid £ 1:9:4 witness fees and A. Wilson was paid 16:8. [Id.]

On 22 Mar 1799 Munford sold two tracts of land to John Walker, one of 100 acres on Marlin's Creek of First Little Broad River [Rutherford Co NC Deed Book 12-14, p. 61] and the other of 200 acres on the same creek. [id., p. 63] The 100-acre tract must have been his grant on 6 Feb 1794. There does not appear to be any deed or grant for the other tract of land. These deeds were presented to court for probate at the Apr 1799 term of court; David Mooney, a witness, proved the deeds. [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, Jan 1799-Aug 1802, CR 086.301.5] The Polk and Webb cases were continued [Rutherford Co NC Trial Docket, 1792-1799, CR 086.308.4], and while both Bedford and Alexander sought to execute on their judgments, Bedford was able to have 160 acres of land sold but the sheriff could find no property for sale in Alexander's case. [Rutherford Co NC Execution Docket 1796-1805, CR 086.304.1] Alexander bought the land for £ 22. The deed was not registered for several years.

The Polk and Webb cases were continued in Jul 1799. As earlier indicated, Polk had sued for debt. Webb's claim involved breach of a covenant; Munford contended that he had performed his obligation. [Rutherford Co NC Trial Docket, 1799-1804, CR 086.308.5] Alexander again sought to execute on his judgment, but the sheriff was unable to find any goods. [Rutherford Co NC Execution Docket 1796-1805, CR 086.304.1]

The Polk and Webb cases were again continued in Oct 1799. [Rutherford Co NC Trial Docket, 1799-1804, CR 086.308.5] Alexander found the same circumstance this term -- the sheriff could not find any goods. [Rutherford Co NC Execution Docket 1796-1805, CR 086.304.1] The same result occurred in Jan 1800. [Id.] Bedford agreed to stay execution on his judgment until Jan 1802. [Id.] Also in Jan 1800, Polk's case came on for trial [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, Jan 1799-Aug 1802, CR 086.301.5] but he was nonsuited and a new trial was granted [Rutherford Co NC Trial Docket, 1799-1804, CR 086.308.5]. Webb's case was continued on Munford's affidavit and John Walker, who was to have paid the court costs when Munford dismissed his suit against him in Jul 1795, must not have paid. The court ordered that execution be revived in that case. [Id.] It is interesting that as Munford's financial affairs seem to have been in decline, still he signed as surety the bond for William Turpin to serve as constable. Alexander Going also signed as surety. [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, Jan 1799-Aug 1802, CR 086.301.5]

Webb's case came to trial in Apr 1800 [Id.], but he was nonsuited for failure to appear. Through counsel, he moved for a new trial. [Rutherford Co NC Trial Docket, 1799-1804, CR 086.308.5] Polk's case was continued at this term, as well as the Jul 1800 term. [Id.] In July there was execution issued in the Webb case to obtain payment for A. McGaughy, who was a witness. [Rutherford Co NC Execution Docket 1796-1805, CR 086.304.1] Munford served on the jury in Oct 1800 [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, Jan 1799-Aug 1802, CR 086.301.5], at which term the Polk case was again continued. [Rutherford Co NC Trial Docket, 1799-1804, CR 086.308.5]

The records for 1800 are interesting for what they do not show. Munford was not listed in the census. It is reported that many people, suspicious of the government, made themselves scarce when the census enumerators were around, fearing that this was a subterfuge for levying new taxes. The terrain of northeastern Rutherford County could help someone hide from the authorities, and Munford may have done just that. Whether that was the case when the sheriff had been trying to locate Munford to serve court process, we do not know. He may have been looking over new territory with a mind to relocate.

Munford's public life, as well as his physical life, was beginning to come to a close. He had fewer affairs in court than in the past. Polk's case was continued in Jan, Apr and Jul 1801. [Id.] The case was reinstated in Oct 1801. [Id.] Alexander sought to execute on his judgment against Munford, but the sheriff reported that he could find no goods to levy on in Apr and Jul 1801. [Rutherford Co NC Execution Docket 1796-1805, CR 086.304.1]

Polk's case finally came to trial in Jan 1802. [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, Jan 1799-Aug 1802, CR 086.301.5] The jury found in his favor and assessed damages of $39.42 against Munford. [Rutherford Co NC Trial Docket, 1799-1804, CR 086.308.5] Jonas Bedford sought to revive execution in his case against Munford, and as Munford failed to show cause why the request should not be granted, the court ordered execution to issue. [Id.] Records show that the sheriff levied on 300 acres of land on First Broad River in Apr 1802, pursuant to execution in both the Polk and Bedford cases. However, the sheriff suspended the sale at the plaintiffs' request. [Rutherford Co NC Execution Docket 1796-1805, CR 086.304.1] In Jul 1802, John Walker had assumed the costs of these cases. [Id.] (Perhaps Munford was trying to find someone to help him out of this difficulty, and Walker volunteered.)

Munford had only two appearances of record in 1803, both in October. He was bound to the State in the amount of £ 10 as a witness for the State against William and Charles Short and was ordered "not to depart the court without leave." [Rutherford Co NC State Docket County Court 1800-1813, CR 086.307.2] He also witnessed a deed from John Smith to Joshua Frazure, dated 3 Jul 1801 and presented for probate in Oct 1803. [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, Jan 1803-Jan 1806, CR 086.301.6]

Munford satisfied his obligation to give evidence in the Short case in Jan 1804. He appeared in court and was discharged of his obligation. [Rutherford Co NC State Docket County Court 1800-1813, CR 086.307.2] He served on the jury in Jul and Oct 1804. [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, Jan 1803-Jan 1806, CR 086.301.6] In his final court appearance, which was recorded at the Jan 1805 session, William Harris sued Munford in case, but the plaintiff dismissed the suit before the writ was executed. [Rutherford Co NC Trial Docket, 1805-1810, CR 086.308.6]

At the Jan 1807 court session, William Harris qualified as administrator of Munford's estate, with Abraham Crow as surety on his bond. [Rutherford Co NC Court of Pleas and Quarter Sessions Minutes, Apr 1806-Jan 1810, CR 086.301.7] Harris reported to the court in Apr 1807 that he could find no property of the deceased. [Id.]

Why was Harris appointed administrator? If Munford had adult children or a widow, why were they not appointed? Angelico survived him, since she was listed in the 1810 Rutherford Co NC census. Probably because Munford had so little property left, the court bypassed family and appointed his major creditor to administer his estate.

Two final records relate to Munford - the recording of two deeds. Both were Sheriff's deeds - showing that the land had been sold to satisfy either taxes or judgments. The first was dated 8 Feb 1808 and conveyed 100 acres on Marlins Creek of First Broad River to Jeremiah Walker. [Rutherford Co NC Deed Book 37-38, p. 184] The second was dated 16 Apr 1822 and conveyed tracts of 100 acres on Smiths Creek and 50 and 10 acres on First Broad River to Lawson H. Alexander, heir of Wallace Alexander. [Rutherford Co NC Deed Book 34, p. 38]

On 12 Jan 1852 in White Co TN, Mumford Wilson married Elizabeth M. Dodson [White Co TN marriage records] In the book The Descendants of Mathew Battle by Lynwood Deal Jordan, Sr. and Opal Battle Smith (1992), they state that the only known child of Munford and Angelica Battle Wilson was Hartwell Battle Wilson, who was born about 1779 and married Nancy Gear on 6 Oct 1807 in Rutherford Co NC , and who died Feb 1841 in White Co TN.

What do these records tell us about Munford? For one thing, records show that he disposed of more land than he acquired by grant or deed. This suggests that he inherited land. The fact that his first recorded acquisition of land was by grant on 6 Feb 1794, while he was in the county 16 years earlier apparently farming and owning slaves, further suggests some inheritance. However, the 1782 Rutherford Co NC tax list showed that he owned no land. He was the only Wilson listed in his general area of the county in that tax list. His status as an apparent landowner of sufficient means to own slaves may bolster the notion that his sentiments lay with the Tories during the Revolutionary War. Some authors have suggested that many residents of Rutherford County were "converted" Tories when Major Patrick Ferguson made his camp at Gilbert Town; this was a matter of convenience to some degree, but more one of survival and retaining one's acquisitions.

Munford's second recorded act in Rutherford Co NC  was to witness a deed. Deed witnesses were often relatives or neighbors of the parties to the deed. The deed from Patrick and Margaret Hamilton to Benjamin Adams suggests that Munford was a neighbor rather than a relative.

That Munford had relocated to Rutherford Co NC close to the time of his marriage is suggested by the suit against him in Bute Co NC in 1779. His father died in Warren Co NC in 1799; Warren was formed from Bute. Munford had last been there lately enough that the statute of limitation did not bar the action.

Munford served on the jury so frequently that one suspects he was either present for nearly every term of court and therefore an easy person to call on, or his Tory leanings provoked the civil authorities to harass him with such frequent duty.

He also appears to have been a man of modest means, though his frequent appearances in litigation helped to reduce him to near poverty by his death. He was not well enough off that he could avoid borrowing money, and he seems not to have been faithful to repay his obligations. He may have been one to squander his material goods, though if he had been given to excessive drinking, he would likely have appeared in criminal court more on assault charges. He clearly failed to pay the required fee for his land entry in 1786 so that the land was granted to someone else. This may indicate that he was attempting to live beyond his means.

Munford seems to have had loyalty to family, although the only family we see him with is his in-laws. The records are nearly silent about Angelico and his children. Did he tend to take advantage of others? That could explain some of the law suits, particularly by his brother-in-law William Battle. It may explain why his nephew Holliman Battle brought property to court in Jonas Bedford's suit against Munford (although that may have resulted from the order of the court).