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94

Bureau RF & AL
Hd Qrs. So Dist of NC.
Wilmington. Aprl. 20 1866

Respectfully returned to Brt. Brig Genl E Whittlesey Asst Comr. Bureau RF & AL for N.C. accompanied by the original Papers as forwarded to me and also copies of the Report of Brevt. Maj J. Codlaun A. QM in which said papers were founded. No order is on file in this office from the Dist Comr. in regard to said buildings except in the case of the Barracks known as the "Camp Lamb Barracks" copies of which is herewith enclosed. These buildings properly belong to this Bureau and are much needed. Since the application to vacate the buildings occupied as Post Hd Qrs. was made- The Post Q.M. has moved his office into that building

Allan Rutherford
Lieut. Col. VRC
& Supt So Dist

Wilmington. N.C.
April 21st 1866

Sarah. Moore
freedwoman

Asks that she may be placed in possession of her property by the authority of the Bureau of RF & AL
4 Enclosures

SEE. Endorsement on following page.

95

Bureau Refugees Freedmen &c
Hd. Qrs. Southern Dist of N.C.
Wilmington April 20th 1866

Bvt. Brig Genl E. Whittlesey
Assistant Commissioner &c

Genl
The within case has been thoroughly investigated by me, the parties appeared before me after due notice, at my office on the 19th day April 1866. Plaintiff Sarah Moore being represented by B.R Moore Esqr as her counsel. The Plaintiff represents that owing to her status as a slave at the time the within described property was purchased, she now has no case that could come before my court in this state either in Law, or Equity & desires to be placed in possession of the property by authority of the Bureau of RF & AL, and in support of said statement that she has no remedy in the courts of this state, cites case of Love vs Brindle 7th Jones Law Reports p 576 and case of Baker vs Savin 4th Jones Equity Reports p 220. She also represents that Duncan Holmes (Freedman) who is now in possession of said property has his remedy by suit against Michael Fitzgerald who conveyed the property to him. Duncan Holmes exhibited to me his deed for said property as follows-

Original Deed from Wm. J Campbell to Wm. C. Bettincourt- Joshua G Wright Wm A. Wright, Dr Wm Harris and susan Kelly Dated May 9th 1848 (This Deed is an absolute Deed and does not shew in any way that the parties named were to hold as Trustees) Deed from Wm. C. Bettincourt, Joshua. G. Wright. Wm. A Wright Dr. Wm Harris and Susan Kelly to TC. Worth, consideration one Dollar ($1-) Deed Dated December 13th 1858 and received August 31 1859 Deed from B.G. North and J.G. North Executors of the last will and testament of T.C North, deceased to MM Fitzgerald, consideration Eight Hundred Dollars ($800.) Deed dated August 13th 1863 and Recorded September 27th 1864.

Deed from Michael Fitzgerald to Elizabeth Keter, consideration Six Hundred Dollars ($600.) in Specie Deed dated September 13th 1864.

Duncan Holmes explains that this Deed was made to Elizabeth Keter (who was his wife and a Free woman) because at that time he was a slave and could not

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