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Colonial and State Records of North Carolina
Deposition of Marmaduke Kimbrough concerning land grants in North Carolina
Kimbrough, Marmaduke
Volume 04, Pages 1115-1116

North Carolina—ss.

The Depositions of Marmaduke Kimbrough of the said Province of full age being duly sworn saith.

The said Deponent saith he heard and believes his Excellency the Governour had a Tract of Land on the branch of Enoh containing 60000 acres of Land a great quantity of which land was very bad and unprofitable That this Deponent being inclined to take up a Tract of Land on Little River contiguous to said Tract of Land that this Deponent endeavoured by all possible means to know where his Excellency's lines and was shewed by some persons who informed this Deponent that they were the persons that carried the chain and directed this Deponent to the marked Trees That this Deponent thinking himself then secure applyed to Edward Moseley Esqre who then acted for the earl Granville and received Entrys for said Earls land and entered a Tract containing one thousand acres on the head branches of Little River and surveyed the same and that soon after the Governour and Mr. Gould went to Enoh aforesaid and on his the Governours return as this Deputy heard and believes he gave out that he would have this Deponents land and as the Deponent heard he had entered a Caveat against this Deponent getting a deed for

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his said Land that this Deponent attending the said Earls land office at Edenton his Excellency then preferred a Petr the purport whereof or as much thereof as this Deponent can well remember was that he had about the year 1742 made a purchase of the Memorialist of 60000 acres of Land on Enoh and Little River and that he sent a surveyor to survey the same who failed to run the survey according to bargain on the River Enoh and Little River by means whereof his said Excellency had surveyed to him so much bad land that it was not worth the Quit Rents and therefore he must be a great looser and hoped that they would indulge him so farr as to suffer him to dropp his said Patent and grant him a new one to be surveyed on Enoh and Little River that this Deponent fearing he should loose his land applyed to Mr. Craven an Attorney at Law and as the Deponent knew he was far out of the Governour's Bounds offered him either ten Pounds or ten Pistoles to appear for him and defend him who told this Deponent that if this Dept would give him £50 neither he nor any [of] them meaning (as this Dept believes) the other Attorney or any other person dare appear against him And since that the Governour made a new survey and included in it this Depts land by which means he this Deponent lost the same and has thrown off the bad and unprofitable part of his Excellency's first Survey.

This Dept farther says that after the Governor had preferred his Petr as aforesaid that this Dept charged Col: Moseley and Col: Halton Agents for the Earl Granville with breach of faith towards this Dept in relation to his Entry and survey that he had assured this Deponent in case he was out of the Governour's lines he should have his land and that as he had his money ready to pay for his Deed he conceived he had a just Right to it That the said Moseley then told this Deponent they (meaning said Agents) were instructed by Earl Granville to indulge his Excellency the Governour as far as they could to which this Dept answered that the case then was far beyond an indulgence for it was stripping him of his just Right he this Deponent having made large and expensive improvements to the value of least of £20 Virga money to which he answered he had an express order as aforesaid.