William Toler Petitions for Road, 1854

State of North Carolina, Craven County, Court of Pleas & Quarter Sessions June Term 1854.

To the Worshipful the Justices of the Court of Pleas & Quarter Sessions for the County of Craven aforesaid.

The petition of William Toler against Sally Ann Morris, John Reel and Shadrach Rowe.

Humbly complaining Sheweth unto your Worships your Petitioner William Toler that he is settled on and cultivating a certain tract or parcel of land situate lying and being in the County of Craven on the South side of Little Swift Creek adjoining the lands of the said John Reel, James Toler Sr. & others to which there is no public road and no way to pass to and from the same without passing over the land of other persons. Your Petitioner admits that there is no necessity for a public road provided he can have the privilege of a private way from the place of his residence and cultivated land aforesaid to the nearest point on some public Road. Your Petitioner further sheweth unto your Worships that there has been for many years (more than twenty-one) a public Cart or Waggon way leading from the residence and cultivated lands of the Petitioner across the lands of the defendants to a Public Road leading from Gaskins' Ferry near New Bern to Coor Point which said public Road is Known as the Bath Road which said Cart or Waggon Way was a great convenience not only to your Petitioner but to the neighborhood generally. But your Petitioner further complaining shows your Worships that the said Sally Ann Morris by and with the Consent of the other defendants have closed and shut up the said Cart or Waggon Way leaving your Petitioner and others entirely without the means of getting out to the Public Road, to Church or any Public Mill. In view of his present condition therefore Your Petitioner prays that your Worships will duly C___din the premesis and if deemed advisable will order a Cart or Waggon Way laid off according to Law leading from his residence and running as nearly as practicable with the Old Cart or Waggin Way aforesaid and with as little injury as possible to the defendants to the Public Road Known as the Bath Road leading from Gaskins Ferry near New Bern to Coor Point and that a Jury may be duly appointed to lay off said Cart or Waggin Way in the best way possible and may be dircated [i.e. directed] to make a Report of their proceedings to this Worshipful Court--that due and proper notice of this application may be given the defendants--that Petitioner may have such other and further relief in the premises as he may require. And in duty bound he will ever pray &c &c

Wm. H. Washington
Sol[icitor] for Petitioner
---
The above petition to the Court was for making a cart way from William Toler's home to the Bath (or Pamlico) Road, passing over the lands of John Reel, Sally Ann Morris and others. The old road passed from near High Bridge, over the current lands of the editor, through the lands of R.W. Stilley heirs, across the lands of G. Jerome Norman heirs, and on to I'm not sure where. Years ago, when I found the petition (1990), I thought the road was the Toler Road (that portion of Aurora Road from New Haven Church to the County Line). In talking with Jerome Norman at the time, he stated that the road actually no longer existed, but parts of it could be seen on his land and on the land of Ran Stilley. Randy Charles Stilley kept part of the mentioned road mowed when he lived in the Philpot Field.