Brigadier General Griffith Rutherford and his 1,500 man army marched towards Wilmington, and they stopped at a British post located in a Brick House opposite to Wilmington. The fort consisted of the house, abatis, and about fifty (50) British soldiers.

Many of Brigadier General Rutherford's officers did not want to attack the "fort" but after traveling all that distance the rank and file soldiers certainly did. The officers decided to attack against their better judgement.

The NC State Legion moved upon the fort and Capt. Thomas Kennedy was ordered to demand their surrender. The British declined. There was a brief skirmish and after suffering one man killed and several wounded, Brigadier General Rutherford ordered the men to withdraw.

"....the Brick House near Wilmington, North Carolina, where the British and Tories were posted in conjunction & where they were taken by surprise just after daylight in the morning -- when an engagement took place between Colonel Smith's corps and the British and Tories who laid outside of the house, and pickets which was placed there for the protection of the house, when the British and Tories were defeated with some loss as well as some of the men under the command of Colonel Smith were killed to the number of four or five -- and some wounded of which latter number he was one. He received a wound on his left hand from a blow from a sword which wound disabled his pay and for the time but he has since recovered the use of it."

Brigadier General Griffith Rutherford - Commanding Officer

NC State Legion led by Col. Robert Smith and Major Joseph Graham, with sixteen (16) known companies, led by:
- Capt. Bumgardner
- Capt. Gabriel Enochs
- Capt. Peter Forney
- Capt. Robert Hill
- Capt. William Hill
- Capt. Thomas Kennedy
- Capt. Jesse Knighton
- Capt. John Lopp
- Capt. Charles Maddie
- Capt. Philip Null
- Capt. Charles Polk
- Capt. Richard Simmons
- Capt. Minor Smith
- Capt. Isaac White
- Capt. Robert White
- Capt. Daniel Wright

Anson County Regiment of Militia detachment of two (2) known companies, led by:
- Capt. Patrick Boggan
- Capt John DeJarnett

Chatham County Regiment of Militia detachment of one (1) known company, led by:
- Capt. Alexander Clark (maybe/maybe not) - OR -
- Capt. Thomas Hinsley (him or Clark)
(some say Capt. Clark was killed earlier, some say he was at this engagement)

Guilford County Regiment of Militia detachment of two (2) known companies, led by:
- Capt. David Humphreys (Surry County)
- Capt. Smith Moore

50 British Regulars & Loyalists, leader Unknown, including:

Capt. Neill McPhaul of the Bladen County Loyalist Militia (wounded)

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