folder 095: Correspondence, 1–20 January 1822

H.G. Burton Janu 7 1822

Free HG Burton

Thos Ruffin Esqr Raleigh No Carolina

Fayettevile 10 January 1822

My Dear Sir

I had a most unpleasant ride hither from the heavy fall of snow and subsequent post; and I hope most sincerely that your health and spirits have suffered no diminution since I had the pleasure of seeing you at Raleigh on friday last.

As to the sale of the real estate Mr Hogg affects no mystery on the subject. You will observe from the valuations that the transaction took place in 1802 but Mr Adam was not charged with their amount till 1805 when all the rent which which had been previously placed to the credit of the General account were withdrawn therefrom and carried to the credit of Mr. Adam. Mr Hogg assured me most solemnly that this is the fact and I have no reason whatever to dispute its correctness.

Now with regard to the operation of this incident on the form of our Bill, I am sure you will readily acquit me of the slightest presumption in venturing to state that I fear very much we must recur to our original idea on the subject. For assuming Mr. Hogg to have tampered with the rents to the utmost extent, it is hardly possible that his deficiencies could amount to twenty thousand Dollars without involving a considerable portion of the General Estate, and I think I remember your stating that if any part of it were implicated there would be a necessity of citing the heirs as well as the Executors.

But there is another ground on which this necessity seems to me to be utterly inevitable. Supposing the Bill limited to the Executors alone, they would plead of course in their answer that they were only prevented by a difference between Mr. Fleming and the heirs of Mr. Adam as to their respective interests or proportions from distributing the Estate, and here it would occur to the judge that a party immediately interested - with whom in fact the dispute lies - and whom the decision must materially affect were not before the court nor had been even cited to appear. I am not sufficiently acquainted with the practice of your courts as to say that such a circumstance would necessarily stop or delay the proceedings, but I think there was a strong probabilty of it having either effect, and in our situation, where dispatch is so much an objective it is most desirable, if possible, to avoid it.

Archd Wilkinson Jany 1822

Thomas Ruffin Esquire Barrister at Law Car of Mr. William Ruffin Raleigh North Carolina

Dr Sir

When will you set out for |Raleigh. I must see you before you go to arrainge the Business of Mr Murphey in the Bank.

A. D. Murphey

I wish the business setld that the transfer of the debt may be made by Thursdays mail. Send me over the Blends Note and your own for the Balance. let there be no Sum less then a Doll in the Note

Yours with Esteem J. Webb

Jan. 13 1822