Philip Beeker ^{1 2 3 4 5}

   FamilySearch ID: LZN1-THS.

  Noted events in his life were:

1. Census in 1830 in , Davidson, NC. ³ The 1830 census recorded Philip Beeker with this household:
Free White Persons - Males - Under 5: 2
Free White Persons - Males - 20 thru 29: 1
Free White Persons - Females - 30 thru 39: 1
Free White Persons - Under 20: 2
Free White Persons - 20 thru 49: 2
Total Free White Persons: 4
Total - All Persons (Free White, Slaves, Free Colored): 4.

2. Census in 1840 in , Davidson, NC. ⁴ The 1840 census recorded Philip Beaker with this household:
Free White Persons - Males - Under 5: 1
Free White Persons - Males - 10 thru 14: 2
Free White Persons - Males - 30 thru 39: 1
Free White Persons - Females - Under 5: 1
Free White Persons - Females - 30 thru 39: 1
Persons Employed in Agriculture: 3
No. White Persons over 20 Who Cannot Read and Write: 2
Free White Persons - Under 20: 4
Free White Persons - 20 thru 49: 2
Total Free White Persons: 6
Total All Persons - Free White, Free Colored, Slaves: 6.

3. Court: NC Supreme Court, Philip Beeker vs. John Saunders in 1846 in , Davidson, NC. North Carolina Supreme Court
PHILIP BEEKER versus JOHN SAUNDERS

APPEAL from DAVIDSON COUNTY Spring Term, 1846; Settle, J. The plaintiff, on 23 April, 1841, received of the defendant, for bacon sold him, two notes then due on Alexander Shammell. The defendant guaranteed the notes to be good, and Shammell's estate was then considered to be good. The plaintiff did not, however, demand the money due on the notes until 20 July, 1842. The plaintiff gave notice to the defendant on 29 February, 1844, that he was looked to for the money. The defendant refused to pay, and the plaintiff brought this action of assumpsit upon the said guaranty. The jury found these facts in a special verdict: that the plaintiff had been guilty of laches and the defendant was discharged from his guarantee. Having pronounced judgment accordingly, the plaintiff appealed.

Mendenhall for plaintiff. No counsel for defendant.

DANIEL, J. A guaranty is a promise to answer for the payment of some debt or the performance of some duty in case of the failure of another person who is himself, in the first instance, liable to such payment or performance. Fell on Guar.. 1; Smith Mercantile Law, 277. The judge was of opinion that the laches of the plaintiff had discharged the defendant. And we concur with his Honor. It does not appear in the verdict that the plaintiff ever demanded the money due on the notes of Shammell's representatives for more than fifteen months after he had received them. Nor did he give notice to the defendant of his inability to get the money out of Shammell's estate until February, 1844, almost three years after he had received the notes upon the guaranty, and when the law demanded of him to resort to a reasonable degree of diligence, and that, too, in such time as a prudent and discreet man would in like circumstances use to collect his own debts. And if he then fails to obtain satisfaction of his principal, he is entitled to resort to his guarantor, on his first giving him notice in a reasonable time that he is looked to for payment of his guaranty. Towns v. Farrar, 9 N. C., 163; Grice v. Ricks, 14 N. C., 62. The judgment must be PER CURIAM.

Cited: Straus r. Beardsley, 79 N. C., 68.
Affirmed.

4. He owned land on 28 Dec 1847 in , Davidson, NC. ⁷ Know all men by this that Philip Beeker Equity of the County of Davidson in the State of North Carolina as held and firmly bound unto William B. Lee in the sum of sixteen hundred dollars current money of this State to be paid unto the said William B. Lee, his heirs, Executors, Administrators and assigns, which payment well and truly to be made and done. I bind myself, my heirs, executors and administrators jointly and severally by these presents.
Sealed with my seal and dated this 28th day of September 1847
The condition of the above obligation is such whereof the above bounded Philip Beeker has sold two tracts of land to the said William B Lee, the one where the said Beeker now lives, containing two hundred acres, the other adjoining containing fifty acres, now in case the said Philip Beeker, makes or causes to be made a good and lawful warrantee deed for both of these tracts of land to the said William B. Lee or his heirs, when paid for then these obligations to be void, otherwise to remain in full force & and virtue - Given under my hand I seal in the day and date above written.
Signed Philip Beeker (his mark)
Test.
Alpheus Wall
John C. Beeker.

5. County Court of Pleas and Quarter Sessions on 1 Nov 1848 in Mocksville, Davie, NC. ⁸ November 1 1848: Special administration upon the State of Philip Beeker granded to John C Ford by Thomas McNeely, Samuel Taylor and Samuel Bingham Esquires. He gave bond with H. W. Ford and E. W. Tatum in the sum of $2,000, was duly qualified and received letters of administration.

6. Probate on 21 Nov 1848 in Mocksville, Davie, NC. Philip Beeker Decd. Estate Sale made by John C. Foard, his administrator. The full list of purchasors of goods from his estate is at https://www.familysearch.org/ark:/61903/3:1:33SQ-LGCC-99JL
Also at https://www.familysearch.org/ark:/61903/3:1:33SQ-G17S-WDL.

7. Court: Philip's 4 minor sons were appointed to 4 guardian households via apprentice bonds issued by the Davie County court. On 26 Feb 1849 in , Davie, NC. ^{9 10} Children following the death of their parents, or when parents could no longer provide for them, were bonded by the county court to serve as apprentices for the new families that would care for them. The following Beekers were given apprentice bonds in Davie County, North Carolina:

26 February 1849. Philip Beeker bound to John C. Foard until the age of 2l years.
To learn: Farming, Teach him to read and write and cipher to the rule of three.
Given at freedom: Twenty-five dollars in cash and a freedom suit, in all other respects to comply with the Act of Assembly.
Signed: A. G. Carter (Chairman of Court), John C. Foard
Witness: H. R. Austin

26 February 1849. George Beeker bound to Thomas J. Deadmon until the age of 2l years.
To learn: Farming, to learn to read and write and cipher to the rule of three.
Given at freedom: A horse, saddle and bridle worth sixty dollars, a freedom suit, and in other respects comply with the Act of Assembly.
Signed: A. G. Carter (Chairman of Court), Thos J. Deadmon
Witness: H. R. Austin

26 February 1849. Henry J. Beeker bound to C. W. Bessant until the age of 2l years.
To learn: Shoe and Boot making, learn to read and write and cipher to the rule of three inclusive.
Given at freedom: A freedom suit, a set of shoe makers tools worth ten dollars and in all other matters comply with the Act of Assembly.
Signed: A. G. Carter (Chairman of Court), C. W. Bessent
Witness: H. R. Austin

26 February 1849. Solomon Beeker bound to George Deadmon until the age of 2l years.
To learn: Tanning, learn to read and write and cipher to the single rule of three inclusive.
Given at freedom: A freedom suit, a horse, saddle, and bridle worth $50 and in all other respects comply with the Act of Assembly.
Signed: A. G. Carter (Chairman of Court), George Dedmon
Witness: H. R. Austin

In the 1850 census we find Philip's daughter Barbara living in the household of widow Mary Snider.

In the 1850 census we find Philip's daughter Mary living in the household of Joseph and Anna Dedmon.

8. Court: Court of Equity in Mar 1849 in Asheboro, Randolph, NC. ¹¹ North Carolina, Randolph County
Court of Equity - To Spring Term 1849

To the Honourable the Judge of the Court of Equity for the County and State aforesaid.
The bill of Complaint of William B. Lee against Cicero Ford, administrator of Philip Beeker deceased, and John Beeker, Philip Beeker, Henry Beeker, Barbara Beeker, George Beeker, Solomon Beeker & Mary Beeker children & heirs at law of the said Philip Beeker deceased who are all infants under the age of twenty one years. Humbly complaining showeth unto your Honor your Orator William B. Lee, of the County of Randall aforesaid that he purchased of Philip Beeker, of the County of Davidson, two tracts of land on Lick Creek in the County last named, the one containing two hundred acres & the other fifty at the price of eight hundred dollars, the first named tract being sold at the price of $600.00 and the second at the price of $200.00 ; that at the time of said Sale he paid said Beeker the sum of three hundred and fifty dollars in cash and executed four several bonds for the residue of the purchase money, the first for the said of fifty dollars due & payable on the 1st day of March 1849 and the other four for one hundred dollars each due and payable on the 1st day of March 1852, the first of the four last mentioned bonds bearing interest from the 1st day of March 1849, the second from the 1st day of March 1850 and the third from the 1st day of March 1851.
That the said Philip Beeker executed to your orator at the same time a penal bond in the sum of Sixteen hundred dollars to be void on condition that he made to year orator a good & sure title in fee simple for said lands a copy of which bond marked It is hereto appended & pledged to be taken as a part of this bill of Complaint and the original is in his possession and ready to be produced to the Honourable Court when called for.
That soon after the contract aforesaid was closed and the bond aforesaid executed the said Philip surrendered the possession of said lands to your Orator and removed to the County of Davie where he continued to reside until the month of last, when he departed this life intestate leaving the above defendants ( with the exception of Ford ),
his children & heirs at law and that letters of administration on the estate of said Philip have been granted by the County Court of Davie aforesaid to the other defendant Cicero Ford who has taken into his possession all the estate of Said Philip and among the rest the five bonds executed by Orator as aforesaid.
Your orator further showeth unto your Honor that at the time the contract aforesaid was entered into the said Philip represented to him that he had a good and valid title in fee to said land, that he had a right to sell and convey the same and that your orator would have a good and perfect title made to him by the said Philip upon his payment of the purchase money. Your Orator showeth unto your Honor that on or about the 1st of March 1845 the said Philip executed a deed of conveyance to him for the fifty acre tract aforesaid and he believes he has received a good title for the said fifty acres, but that since the death of the said Philip it has been satisfactorily ascertained that he had no title to said land neither at the time of sale nor at any other time and that he did not have at the time of sale, and would not have had at this time the aforesaid bond fell due, any title in the said land which he could convey to your Oralor, that the said Philip pretended to hold said lands under the will of his father one Henry Beeker but which will will show when produced, that said Land said was devised to the heirs of Philip and not himself. Your Orator further showeth unto your Honor that that since he was was the nephew of the said Philip and much his junior in years and knowing that the tract of land had belonged to his grandfather, and having always understood that the said land were devised by his grandfather to the said uncle he readily supposed that all the representory made to him by his said uncle in relation his will were true. Your orator showeth unto your Honor that since the discovery of the want of title in the said Philip to said land and of the impossibility of forever being able to obtain a good title to the same, according the terms of the aforesaid Contract, he has made known to the said Cicero Ford, administrator of aforesaid, the circumstances of the case and requested him to surrender the aforesaid bonds to your orator and to refund the money already paid and he had well hoped that said Administrator would have readily complied with his reasonable request, or the said Ford is now well apprised of the want of title in his intestate and of his utter inability to make a good and sufficient conveyance to your orator for the same. But so it is, may it please your Honor, the said Ford pretending that he has a right to hold said bonds, and to collect them when due for the purpose of said estate refuses to surrender said bonds or to refund a valuable proportion of the purchase money already paid further alledging and pretending that your orator has no claims for redress either against him or said heirs, who are all under age, and incapable of making any conveyance, or giving your Orator any reasonable assurance of Title and who refuse to do so, although they had the ability All which actings and doings refusals and pretences of the Cicero Ford and the other defendant are contrary to equity & good conscience said tend manifestly to this injury of your Orator in the premises hereunder consideration whereof and for as much of your Orator is without adequate relief save only in a Court of Equity where matters of this sort are strictly cognizable and relieveable to the end therefore that the said Cicero Ford the other defendants upon their several corporal oaths full true direct and perfect, answer, make to all and singular the matters aforesaid, and that as fully as if the same were here repealed and they and any of them, distinctly interrogated, thereto and more especially that they answer and set forth whether the contract for said land was not made and bonds given as above specified, whether the said Philip Beeker did not represent to your Orator that he had a good and sure title in fee simple in the same and full power and ability to convey a like estate to your Orator.
Whether the title of said Philip to said lands was not defective at the time of said contract and even before and afterwards whether the title of said Levi was not in the children of said Philip & whether your Orator has not requested the Orator to rescind said contract and to surrender his bonds and to refund a valuable proportion of the purchase money already paid and whether the reasonable request of your Orator may not be refused, and why refused.
Your Orator prays your Honor that the aforesaid contract may be rescinded and that the said Cicero Ford may be compelled by a decree of this Honorable Court to surrender all the aforesaid bonds to be cancelled and to referred all the money paid by your Orator after deducting the sum of two hundred dollars for the fifty acre tract with the interest thereon or that the said John, Philip, Henry, Barbara, George, Solomon and Mary Beeker, the heirs of the said Philip, may be compelled by a decree of this Court to execute good and sufficient conveyance and assurances for said land, according to the contract of their ancestor, upon the payment by your Orator of the residue of the purchase money, with the interest thereon, which your Orator hereby offers to do, and for all other and further relief which the nature and circumstance of this can, may seem just and equitable.
May it prove your Honor to grant unto your Order writ of Subpoena to be divested to the said Cicero Ford, and the other Defendants above named commanding item and each of them to appear at the next Session of this Honorable Court to be held for the County of Randolph at the Court House in Ashboro, on the fourth Monday of March next, then and there according to the best of their several and respective knowledge, remembrance, information and belief full true direct and perfect answers to make to all the matters aforesaid and then requested and there to stand to, abide and perform the Judgment order and decree of this Honorable Court in this premises.
And your Orator or in duly bound will even pray.

9. Philip Beeker bought land on 1 Mar 1849 in Mocksville, Davie, NC. ¹² Robert Stoker and Mary Stoker to Philip Beeker deed dated 12 Apr 1848 for 292 acres of land. The execution of the deed was duly proven in open Court by the oath of George Brewer one of the subscribing witnesses - Recorded and ordered to be Registered.

10. Probate on 30 Aug 1849 in Mocksville, Davie, NC. ¹³ North Carolina - Court of Pleas & Quarter Sessions, Davie County - August Term 1849
To the worshippal of Davie court.
The petition of J. C. Ford Administrator of Phillip Beeker deceased. Respectfully petitioning. Therewith unto your Worthships your petitioner that he is the Administrator of Phillip Beeker decd. and hath by virtue of his Office made sale of the personal property of his intestate as by law required and made due return thereof to this Court. He further showeth that the estate of his intestate is much indebted & that the personal assets will be wholly insufficient for the payment of the debts. To the best of his belief, the personalty will not much exceed $ 500 he has ascertained debts to the amount of near $ 900 exclusive of the charges of administration. He further showeth that the said Phillip at the time of his death was seized & possessed of a tract of land in said County of Davie, known as the Home place, adjoining William Stoken, Allen Stokin, and The Point plantation, containing near 250 acres and that John Beeker, of full age, and Phillip, Henry Solomon, Mary, George and Barbara Beeker, infants under the age of 21 years, are his heirs at law. He therefore prays your worships to order & decree a sale of said Land upon such terms as your worships may deem proper & that the proceeds be applied to the payment of the debts & that your worships appoint the Clerk guardian pendente lite of the minor heirs & that a copy of this petition be served on the heirs of full age & that your worships will make such other & further orders as the case may require.

11. Petition to Sell Real Estate of Philip Beeker on 30 Aug 1849 in Mocksville, Davie, NC. ¹⁴ No. 69 - Petition to Sell Real Estate. Ordered by the court that Cuswell Harein Clerk of this Court be appointed guardian pendente lite of Philip, Henry, Solomon, Mary, George and Barbara Beeker, infant heirs of Philip Beeker, deceased & he acknowledges service of this petition - Ordered also that a copy of this petition be served on John Beeker.

12. Petition to Sell Real Estate of Philip Beeker on 30 Nov 1849 in Mocksville, Davie, NC. ¹⁵ John C. Ford , Admr No 35 - Petition to Sell Real Estate . V. S. The Heirs at Law of Philip Beeker. It is ordered , adjudged and decreed by the Court, that John C. Ford, Admr of the Estate of Philip Beeker, deceased, proceed to sell the land as prayed for in the petition, upon the premises upon nine months credit after giving 30 days notice and that he report to the next Term of this Court.

13. Probate on 25 Feb 1851 in Mocksville, Davie, NC. ¹⁶ Ordered by the Court that John C. Ford, Administrator of Philip Beeker, deceased, be allowed additional time until August Court next to file his Settlement of Said Estate.

14. After father Philip's death his 7 children petitioned the court to sell his land in 1853 in , Davidson, NC. ¹⁷ State of North Carolina
Davidson County

In Equity
To Fall Term 1853

To The Hon. The Judges of the court of Equity of Davidson county.

This petition of John C. Beeker, Philip S. Beeker of full age, and Henry J. Beeker, Barbara M. Beeker, George W. Beeker, Solomon Beeker & Mary M. Beeker infants who sues by their next friend & brother John C. Beeker.

Hereby petitioning
Show unto your honor your petitions aforesaid that in the year 1838 Henry Beeker made a deed of conveyance in fee simple of the lands below described to the "bodily heirs of Philip Beeker" decd, that your petitioning John C. Beeker, Philip S. Beeker who are of full age, and Henry J. Beeker, Barbara M. Beeker, George W. Beeker, Solomon Beeker & Mary M. Beeker who are infants, are the only children & bodily heirs of said Philip Beeker decd and are tenants in the said land lying in the county aforesaid on the waters of Lick Creek adjoining the lands of Philip Snider, Wesley Snider, James Williams & Marshall Nance containing two hundred acres more or less.
Your petitioners would further show to your honor that, on account of the great inequality of the value of the various parts of said land, the same could not with any sort of equality justice be divided among your petitioners, and that the land is becoming from year to year of less value and the improvements getting out of repair so that it cannot be sorted out to any advantages to your petitioners, and that a sale of the same would essentially immaterally promote the interests of all the parties concerned and especially said infant petitioners.
Lo the end therefore that your petitioners may be relieved in the premises, may it prove your Honor to grant an order & decree of sale of said lands upon such terms and conditions as to your Honor may seem just and proper and all such further orders as the nature of the case may require
And as induly bound will ever pray.

D. A. Starbuck
Sol for Petitioners.

15. Court: in Dec 1853 in , Davidson, NC. ^{18 19} WILLIAM B. LEE against JOHN C. FOARD
DECEMBER TERM 1853, Supreme Court of North Carolina

------
Where a bill sets forth that A bound himself to make a "good and sure title in the fee simple," and refers to a bond which he files, and prays may be taken as a part of the will; and it appears from that, that the obligation is "to make a good and lawful warrantee deed," any incongruity that there may be between the allegation and proof is obviated by this reference in the bill.

Where there is a devise of land to A's heirs of a certain name, it is good, though A being living, and A takes no interest therein.

If A disposes of said land, receiving money and bonds in payment there for, and dies, the purchaser may file a bill to have his bonds in the hands of A's administrator surrendered, and have an account as to the assets.
-------

BILL transmitted from the Court of Equity, of Randolph County, at Fall Term, 1853.

The following case is made by the pleadings: Philip Beeker, the intestate of the defendant Foard, contracted to sell to the plaintiff two tracts of land, lying in Davidson county, one of two hundred acres, for $600, and one of fifty acres, for $200 -- making in all $800. He received in cash $300 and took the plaintiff s notes for the remainder of the eight hundred dollars. At the same time, he executed a penal bond in the sum of $1,600, reciting the sale of the said two tracts of land, with a condition to make or cause to be made to the plaintiff, "a good and lawful warrantee deed" for the same. The said two hundred acre tract had, before the date of the said bond, been devised by Henry Beeker to his son, "Philip Beeker's heirs by the name of Beeker," and the said Philip Beeker was living at the time the said will took effect, and had at the same time seven children, all of whom were infants at the time of the bringing of the suit, except one. The several notes given for the remainder of the purchase money are in the possession of the defendant Foard, the administrator.

The bill alleges, that the title of Philip Beeker, to the tract of 200 acres, is defective, and submits to take the fifty acre tract at two hundred dollars, the price agreed on. The prayer of the bill is, that the contract may be rescinded, so far as related to the two hundred acre tract; that the notes may be surrendered up to be cancelled, and that the defendant Foard be decreed to repay the money paid, after deducting the price of the fifty acre tract. John C. Foard, and the children of Philip Becker, are made defendants.

The defendants insist that the plaintiff purchased, with full notice of the defect in the title, and agreed to buy his title and take the risk. There was replication and proofs taken in the cause. Set for hearing and removed to this Court.

No counsel for the plaintiff.
J. H. Bryan, for the defendant.

Ruling by Judge:

BATTLE J. There can be no doubt that the title of the defendant Foard's intestate to the principal tract of land sold to the plaintiff, was, at the time of the sale, and still is, defective. That tract was devised by Henry Beeker, the father of the intestate Philip, to his, Philip's heirs, by the name of Beeker. This was a good devise to his children of that name, though, he was living at the time, and took no interest in it. Ward v. Stowe 2 Dev. Eq. 509.

There was, then, an entire failure of the consideration for the money paid, and the notes given, for that tract of land. No fair pretense can be made, that the plaintiff was acquainted with the state of the title, and intended to purchase the mere chance of getting a good one. The full price, which he agreed to pay for the land, as well as the bond given by Philip Beeker, to make or cause to be made to him a good and "lawful warrantee deed" for it, upon payment of the purchase money, is directly opposed to such a supposition. The plaintiff is then clearly entitled to relief, if there be no defect in the frame of this bill.

It is said in the argument here, that there is a fatal defeat in it, to wit: that it sets out a different title which the intestate was bound to make upon the payment of the purchase money for the land, from that which is mentioned in the bond. It is insisted, that the bill alleges that the intestate was to execute a deed containing a covenant of seisin, while the bond exhibited in evidence shows that the deed was to have a covenant for quiet enjoyment only. Hence, it is contended, that there is a substantial variance between the allegation and the proof, and that consequently the bill must fail. If the premises be correct, the conclusion is legitimate; but are they correct? We understand the statement of the bill to be different from what is assumed by the counsel. The statement is, that the intestate bound himself in an obligation to make a "good and sure title in fee simple" and it then refers to the bond, and prays that it may be taken as a part of the bill. If it be admitted that "a good and sure title in fee simple" is different from "a good and lawful warrantee deed to the plaintiff or his heirs," the more extended sense of the first expression is restricted, by the reference to the bond which immediately follows. The apparent repugnancy between the allegation and the proof thus vanishes. But it is said further, that the bill ought to state the price as specified in the bond for title. It does so, so far as we can infer any statement of the price in the bond, and that is half the penalty therein mentioned. The bill states, (and in that it is sustained by the proofs and by the answer of John Beeker,) that the plaintiff was to pay eight hundred dollars for the two tracts, to wit: six hundred for the larger, and two hundred for the smaller.

Of this sum he paid three hundred and fifty dollars in cash, and gave his notes for the residue. No difficulty has arisen as to the smaller tract, but for the money and notes given for the other, the plaintiff is entitled to relief. That relief is to have his bonds, in the hands of the defendant Foard, as administrator, surrendered up, and to have an account of the assets in the hands of the said administrator, to ascertain whether there be sufficient to satisfy his claim for the money paid, after deducting the price of the small tract.

Decree accordingly.

16. Summary of NC Supreme Court Case Regarding Philip Beeker's Land in Dec 1853 in Raleigh, Wake, NC. The Parties and Their Dispute
William B. Lee sued John C. Foard (the defendant), who was the administrator of the estate of Philip Beeker.

The dispute centered on a contract where Philip Beeker agreed to sell two tracts of land to William B. Lee for a total of $800. Lee paid $300 upfront and gave Beeker notes for the remaining $500.

In return, Beeker gave Lee a bond promising to provide a "good and lawful warrantee deed" for the land.

After Beeker died, Lee discovered that Beeker did not own the larger of the two tracts (200 acres). The land had been left in a will by Henry Beeker to "Philip Beeker's heirs by the name of Beeker," meaning the land belonged to Philip Beeker's children, not to Philip himself.

Because Beeker couldn't legally sell the land, Lee filed a lawsuit to cancel the sale, get his money back, and have his notes returned.

The Court's Decision
The court, presided over by Judge Battle, ruled in favor of William B. Lee, making several key findings:

Defective Title: The court agreed that Philip Beeker's title to the 200-acre tract was defective and that he had no legal right to sell it. The court clarified that the will's language "Philip Beeker's heirs by the name of Beeker" was a valid devise to his children, even though Philip was still alive at the time the will took effect. The court confirmed that Philip had no interest in the land to sell.

Lee's Entitlement to Relief: The court dismissed the defense's argument that Lee bought the land with knowledge of the title issue, stating that the full price he paid and the "warrantee deed" Philip Beeker promised clearly showed Lee expected a good title.

No Fatal Flaw in the Lawsuit: The defense also tried to get the case dismissed by claiming Lee's legal complaint had a fatal flaw. They argued that Lee's complaint said the bond promised a "good and sure title in the fee simple," which was different from what the actual bond said ("good and lawful warrantee deed"). The court rejected this argument, noting that the complaint specifically referred to and included the bond itself, which corrected any potential inconsistency. The court said the reference to the bond meant the complaint was valid.

The Final Order: The court ordered that Lee was entitled to a full refund for the money he paid for the 200-acre tract and to have his notes for the remaining purchase price returned. Lee was to keep the smaller 50-acre tract, and the amount of money to be refunded would be calculated by deducting the price of that smaller tract. The court also ordered an accounting of the deceased Philip Beeker's assets to ensure there was enough money to pay Lee back.

17. Probate on 4 Apr 1854 in Mocksville, Davie, NC. ^{17 20} John C. Beeker Ex Parte

In Equity
Spring Term 1854

To the Honorable the Judge of the Court of Equity in and forsaid County.

In obedience to a decree of this Court of Equity made at the Fall Term 1853 -- after due advertisement I proceeded to sell the lands mentioned in the petition, at public sale on a credit of twelve months, on the the premises, when William Cox became the purchasor, at the sum of five hundred and seventy five dollars and fifty centers - which I report to be a fair price; all of which is respectfully submitted - at office April 4th 1854.

James A. Long, C M C.

Philip married Catharine Snider, daughter of Rev. Lewis Snider Sr. and Anna Garner. (Catharine Snider was born between 1801 and 1810 in , , NC and died before 1840 in , Davidson, NC.)

Philip next married Elizabeth Beula Shoultz. (Elizabeth Beula Shoultz was born in , , Pennsylvania, USA ².)