County Court Law Order Book, 1854, August Term|
112 Tuesday 8 August 1854
At a Court of quarterly session held for Russell County at the Courthouse on Tuesday the 8th day of August 1854.
Present, John T. Smith, presiding justice and Antney M. Ferguson & Simeon Hunt other justices.
The following list of writings admitted to record by the Clerk of this Court since the last Term, was read in Court and ordered to be inserted in the minutes.
A Deed of bargain and sale for land from Thos. W. Davis ex'or, &c. to Jonathan Honaker dated the 10th day of March 1854, and admitted to record the 4th day of July 1854.
A Deed of bargain and sale for land from Benjamin Shoemaker to Leonard Shoemaker dated the 15th day of June 1854, and admitted to record the 12th day of July 1854.
A Deed of bargain and sale for land from Stephen Taylor to John W. Lampkin dated the 24th day of September 1853, and admitted to record the 12th day of July 1854.
A Deed of Trust for personal property from John Barton to Benjamin Wallis dated and admitted to record the 13th day of July 1854.
A Deed of Trust for personal property from John Powers to William B. Aston dated and admitted to record the 20th day of July 1854.
Three Deeds of bargain and sale for land from James P. Carrell and Martha G. his wife, One to Robert Boyd dated the 14th day of June 1854. One to Francis Lark dated the 27th of June 1854 the other to Alderson & Kernan dated the 22nd day of July 1854 and admitted to record the 7th day of August 1854.
A Deed of bargain and sale for land from Adam Wisor to Catharine Jackson and Children dated the 10th day of May 1854, and admitted to record the 7th day of August 1854.
Ordered that Wm. Helton, Charles Hurt, Garland Hurt, Levi Hess & Wm. A. Lee be added to Joseph Smith's road list.
Ordered that the Election precinct in Dist. No. 5 at James M. Hanson's and Isaac B. Fugate's be abolished and but one precinct in that District and it at the House of Nathan E. Burdine.
Thomas Akers is appointed overseer of a road from the top of Moccasin ridge to Isaac B. Fugates, with the following hands Isaac B. Fugate jr., James McClure, James Akirs, Pleasant Suit, and Isaac B. Fugate sr.
Ordered that Marshal Mullins, Wilson Crabtree and John Burnett be added to James Stanley's road list.
Application by Major A. Fletcher for an alteration in the New Garden road through the lands of John T. Howard,
John Fletcher and Major A. Fletcher the said application is refered Thos. W. Davis one of the road Comr. of the County to view & report thereon according to law.
Ordered that Isaiah Burk be appointed Surveyor of the road in room of Charles C. Gibson and it is further ordered that said Burk and David Jessee are to build a new bridge across Moll's Creek with the tithables assigned them.
Ordered that Wm. H. Collins, Joel Litz, Solomon Posten, Robin Lastly & Martin McNutt be added to Nathan E. Burdine's road list.
On motion of William Salyer who took the oath of an administrator prescribed by law & entered into and acknowledged his bond in the sum of $400.00 with Jacob Dorton as his security, a certificate is therefore granted him as administrator of David Salyer deceased in due form.
Ordered that Charles C. Gibson, Shanklin Salyer, and Nimrod Elam after first being duly sworn do appraise all the personal estate to them produced of David Salyer deceased by the administrator and return such appraisement under their hands, signed by the administrator to the Court.
On the application of George C. Gose it is Ordered that John Dickenson, Jefferson Jessee, and James Dickenson after first being duly sworn for the purpose do view a road located by _______ Commissioners of roads from the Castle Woods near Solomon' Osborn's to the Scott line passing by the house of Elias Marshall, and report to the court truly and impartially in writing whether in their opinion any, and if any, what inconvenience would result from discontinuing the same.
Thomas W. Davis Commissioner of roads who was appointed by an order of this Court to view and locate a road on the application of John W. Smith made his report, and the Court having considered said report, it is ordered that the first part of the report be established - And John W. Smith be appointed surveyor of said road and the following tithables be assigned him for the purpose of opening the same and keeping it in repair, to wit: John W. Smith's Nead, Fielding Combs & his slave Nelson, Wm Johnson & his slave Will, Albert G. Smith, Wm. Combs and his slave Daniel, and Thompson Combs.
Ordered that Charles F. Bond, Abram J. Bond, Henry Wilson, William Belcher, Nathan Blevins, Samuel Dale and John Bond be added to Hiram H. Kilgore's road list.
Ordered that James Bickley be the surveyor of the road from Dickenson's ford to Buffalo stomp in room of Charles C. J. Dickenson with the same tithables.
Ordered that Noah Bruce be appointed surveyor of the road in room of John Powers.
Ordered that the following tithables be retained on John Cook's road list to wit. John Cook, James Jackson, Martin Jackson & Robert Thacker.
Ordered that Alex M. Lee be appointed surveyor of the road in room of John Counts, with the following tithables to wit: John Smith and James Fraley.
Ordered that James Lee be appointed surveyor of a road in room of Solomon Osborn, the following hands was assigned said Lee to work said precinct of road, to wit. Geo. Gose's 2 slaves, Solomon Osborn's 4 slaves, Wm. Osborn, Squire Osborn, David Osborn, Samuel Osborn, Johnson Harris, and Alexander L. Brattin.
Ordered that the following tithables was assigned John Creech surveyor of the road from John Creeches to Thomas Sowards - to wit Isham Hall, Squire Hall, Flem Hall, Joseph Short, James Short, John Dyer, John Poindexter, Wm. Henly, James M. Gibson, Hiram Justice, John Justice, Joseph P. Creech, Hezekiah Creech, John Phips and Alex. Short.
Ordered that From Creech's to Cumberland Mountain Shanklin Hubbord be surveyor with the following tithables to wit. James Short, Samuel Maggard, Levi Boggs, Jeremiah Bolin, John Bolin, Alexander Bolin, Isaac Cack, Delaney Bolin, Jessee Bolin, Henry Bolin, Edmond Bolin, James R. Bolin, Daniel Bolin, C. Hammons, John Hays, Johnathan Hays, Meredith Brooks, David Sturgill and James Sturgell.
vs. } Upon an Indictment for an Assault
This day came the parties by their Attorney and thereupon came also a jury to wit. George Banner, Isaac Muncy, Noah Kiser, Joseph Jessee, Jno. D. Alderson, Alex Holland, Lewis Arrington, John C. Weddle, Patterson A. Snodgrass, Andrew C. Ferguson, Thomas Cunningham and Wilson Evans, who being elected tried and sworn the truth to speak upon the issue joined upon their oath do say We of the jury find the Deft. guilty and assess his find to fifty cents. Therefore it is considered by the Court that the Deft. make his find by the payment of 50 cts to the Commonwealth for the use of the Lituary fund and the costs.
vs. } for failing to Keep his precinct of road in repair
James B. Low Deft.
This day came the parties by their attorneys and thereupon came also a jury to wit: Gabriel Jessee, Wm. Hargis, Archer Jessee, Henry Vincell, James S. Browning, Archer Burk, James H. Fuller, Edward Stinson, Thomas Davis, Caleb
Griffith, Jackson Mutter, and Evan A. Kindrick who being elected tried and sworn the truth to speak upon the issue joined, upon their oath do say. We the jury find the Deft not guilty. Therefore it is considered by the Court that the Deft be acquited of the Inditement aforesaid and go hence thereof.
vs. } Inditement for an Assault
Squire Osborn Deft
The Deft by consent of the Attorney for the Commonwealth and leave of the Court, Confesses judgement for the fine of fifty cents, and the Costs. Therefore it is considered by the Court that the deft. make his find by the payment of 50 cents and the costs & may be taken &c.
Commonwealth vs. Jessee Keith Deft for retailing ardent spirits
The Attorney for the Commonwealth with leave of the court saith he will not further prosecute this case.
Commonwealth vs. Edmond Dickenson Deft. for an Assault
Same vs. Polly Dickenson Deft. for an Assault
Same vs. George Dickenson Deft. for an Assault
Same vs. Ruben Fraley Deft. for an Assault
Same vs. Lucy Fraley Deft. for an Assault
The Defts. by their Attorneys severally pleaded not guilty to the Inditements and put themselves upon the country and the Attorney for the Commonwealth did likewise and the trial of the issues are continued till the next term.
Commonwealth vs. Henry Dye Deft. for an assault
For reasons appearing to the Court it is ordered that this cause be continued untill the next term.
Commonwealth vs. Wm. H. Collins & Mary White Deft for Lewdness.
On motion of the Attorney for the Commonwealth and for reasons appearing to the Court, it is ordered that this cause be continued untill the next term.
Commonwealth vs. Peter Boman Deft. for an Assault
The summons awared in this case against the Deft. having been returned not executed, it is ordered that a capias be awared against the said Deft. returnable here at the next term, to which time the cause is continued.
Commonwealth vs. James Mays & Patsey Cook Deft. for Lewdness
same vs. James Mays Deft. for an assault.
The summons awarded in these causes against the Defts. having been returned not executed, it is ordered that a capias be awarded against each of the Deft. directed to the sheriff of Scott & Russell returnable here at the next term, untill which time the causes are continued.
Commonwealth vs. Ambrose Silcox Deft. for disturbing Worship
The summons awarded in this cause against the Deft. having been returned not executed it is ordered that a capias be awarded against the said Deft. returnable here at the next term, untill which time the cause is continued.
Ordered that the Court be adjourned till 10 Oclock to morrow morning.
John T. Smith
At a court of quarterly session continued and held for Russell County at the courthouse on Wednesday 9th day of August 1854.
Present John T. Smith presiding justice, and Antney M. Ferguson and Simeon Hunt other justices.
Ordered that Simeon Hunt furnish William Moore eight dollars worth of provision which shall be allowed said Hunt at the next June Term.
Ordered that Martin Sanders be exempt from working on public roads.
Ordered that James Yates be added to Simpson Dyers road list.
Ordered that the following tithables be assigned to Jessee Browning's road list to wit. Andrew J. Crest, Peter Abshire, Augustus W. Aston, J. M. Snead, Robert McClintock, Tiller J. Grady, Robert Boyd's Sam, J. P. Carrell's Bill, and James A. Brown.
Ordered that Robert Boyd be appointed guardian to Celia Lavina Mutter infant daughter of _____ deceased and thereupon he entered into and acknowledged his bond in the sum of Seven hundred dollars with Wm. B. Aston as his security, conditioned as the law directs, which bond is ordered to be recorded.
Ordered that John F. McElhaney be appointed guardian to Mary F. Carothers infant daughter of John F. Carothers deceased and thereupon he entered into and acknowledged his bond in the sum of $200.00 with Wm. B. Aston Robert Boyd as his security, conditioned as the law directs, which bond is ordered to be recorded.
Ordered that Andrew C. Ferguson be appointed guardian to James H. Ferguson infant son of Andrew C. Fergusons, and thereupon he entered into and acknowledged his bond in the sum of Two hundred dollars with David C. Ferguson as his security, conditioned as the law directs, which bond is ordered to be recorded.
William C. Jackson Plaintiff
vs. } In debt.
Martin Fraley Defendant
This day came the parties by their Attorney and thereupon came also a jury to wit. George Banner, Isaac Muncey, Noah Kiser, Joseph Jessee, John D. Alderson, Alexander Holland, Lewis Arrington, John C. Weddle, Patterson A. Snodgrass, Andrew C. Ferguson, Thos. Cunningham, and Welson Evans, who being elected tried and sworn the truth to speak upon the issue joined, upon their oath do say, we of the jury find for the Plt. $80.00 the dept in the declaration mentioned with interest thereon from the 1st day of January 1853. Therefore it is considered by the court that the Plt. recover against the Deft. the sum or Eighty dollars with legal interest thereon from the 1st day of January 1853 till paid and the Costs, and it is further ordered that the execution of this judgement be staid for 30 days from this date.
The defendant by his Attorney moved the court to set aside the verdict in this cause which motion was over-ruled. Memo. Upon the the trial of this cause the Deft. by his Attorney filed a bill of exceptions to an opinion of the court which was signed and sealed by the court and ordered to be made apart of the record.
Samuel Whetsell Plt.
vs. } In debt.
John D. Burnet & James Fullen Defts.
Plea waved, judgment by non sum informative for the sum of $60.00 the debt in the declarations mentioned with legal interest thereon from the 16th day of Feb. 1854 till paid and the costs.
On the Complaint of Robert Boyd against Isaac Vermillion who has the certificate of the conducting officer at the courthouse of his election to the office of Sheriff, that said Vermillion was not entitled to said certificate on account of certain irregularities, this day came again the parties by their attorneys, and the Court having fully heard the case - It is considered by the court that the plaintiff is entitled to the office of sheriff in stead of the defendant who holds the certificate of election from the conducting officer at the courthouse. It is therefore considered by the court that he is duly elected sheriff for the ensueing two years.
Ordered that the Court be adjourned until tomorrow morning at 9th OClock.
John T. Smith
At a court of quarterly session continued and held for Russell County at the courthouse on Thursday the 10th day of August 1854.
Present John T. Smith presiding justice, and Antney M. Ferguson and Simeon Hunt other justices.
William Goodwin and wife
vs. } In Chancery.
Susan A. Hurt & others
This cause came on this day to be finally heard upon the papers formerly read and the report of H. D. Smith and others commissioners to assign dower, and was agreed by counsel. And there being no exception to said report, the same is affirmed, and it is ordered adjudged and decreed that the dower of the widow Susan A. Hurt in lands of James P. Hurt be assigned as set forth in said report and that the Defendant and complainant pay the costs of this suit equally, and the cause is ordered to be struck from the court docket.
Jacob H. B. Miller Complainant
vs. } In Chancery.
Elizabeth Miller and others Defendants
This cause came on again to be heard on the papers heretofore read as well as on a decree heretofore pronounced, and it appearing that the Commissioners heretofore appointed to lay off and assign dower to the widow Elijah Miller in the land in the bill mentioned, and to make partition among the heirs in the land in the bill mentioned have failed to perform that duty, it is therefore ordered that the appointment of said Commissioners be set aside, and that Wm. G. McConnell, Abram Nordike & John W. Dorton who are hereby appointed Commissioners for that purpose, go go upon the land in the bill mentioned and assign to Elizabeth Miller widow of said Elijah Miller one third part of said land including the dwelling house if she desires it having regard to quantity and quality are that they divide said into three equal portions having regard to quantity & quality, and that they assign to Complainant one third, one third to Nancy Jane Miller, one third to Mary E. Miller and that they report their procedings to the next term of this Court to which time this cause is continued.
Hezekiah Vanderpool for &c. Complainant
vs. } In Chancery
Henry S. Preston and others Defts.
This cause came on this 10th day of August 1854, to be heard upon the bill and exhibits filed in the cause the answer of the infant Defts. by their guardian ad litem and
was argued by counsel and it appearing to the court that Harry Smith the ancestor of the Defts. sold to the complainant the land in the bill mentioned and it further appearing that the purchase money has been fully paid, and that Powers and Newberry have purchased the said land from Plfts. it is therefore adjudged ordered and decreed that Henry D. Smith who is hereby appointed a commissioner for that purpose, convey with covenants of general warranty the interest of the Defts. in the land in the bill mentioned to John Powers and T. W. Newberry, and that he report his procedings to the next term of this court to which time this cause is continued.
Robert Boyd whom the Court on Yesterday decided to be entitled to the Office of Sheriff of Russell County instead of Isaac Vermillion, came into Court and together with Aaron L. Hendricks, Thomas C. M. Alderson, Jacob Owens and Samuel W. Aston, his sureties, entered into and acknowledged a bond in the penalty of ninety thousand dollars, conditioned as the law directs; and thereupon he took the oath of fidelity to the Commonwealth, the oath prescribed by the act against deulling, an oath to support the Constitution of the United States and the oath of Office.
On the application of Aaron L. Hendricks through the ancestor of whose lands, which are now occupied by him, an alteration in the road leading from James F. Littons to the Russell and Washington Turnpike has been located by Henry D. Smith a Road Commissioner under an order of this Court A write of adquod dominium is awarded the Sheriff commanding him to summon and empannel a jury of twelve freeholders of the vicinage, not related either to the said Aaron L. Hendricks or to Michael Askew applicant for the road, to meet on the lands of the said Aaron L. Hendricks at the intersection of said located road with said Russell and Washington Turnpike on the ____ day of ______ of which notice shall be given by the Sheriff to said parties, which jury, after being sworn by the Sheriff, shall view the land of the said Aaron L. Hendricks and ascertain what will be a just compensation to said proprietor for the land of his proposed to be taken, and for the damage to the residue of his land beyond the peculiar benefits which will be derived in respect to such residue from said road.
For reasons appearing to the Court it is ordered that all the Surveyors of the Pound Gap Road from Bickley's Mills to the top of Cumberland Mountain, except Noah Bruce, be summoned to appear here at the next November Term, to show cause is any they can why informations should not be filed against them for failing to keep in repair according to law, their respective precincts of said road.
J. F. McElhenney paid into Court to the Clerk $8.90 for rent on the old jail.
The Court proceedings to let the keeping of the courthouse and Courthouse Clock to some person for the ensuing year, the same was let to Charles D. Boyd he being the lowest bidder, for the sum of thirty dollars.
It appearing to the Court from a paper held by James P. Carrell that the sum of One thousand dollars was borrowed of him by the Commissioners appointed to conduct the building of the New Courthouse, and he representing to the Court that he now holds the Custody of One Thousand dollars lately paid to him by Isaac Vermillion and Wm. N. Leece; on his motion he has leave to retain in his hands the said sum of one thousand dollars; and the interest accruing on said sum for four years having been duly levied and paid by County levy, except for 8 months and five days amounting amounting to $40.83 remaining unpaid from Decr. 5, 1853 till now; it is ordered that after retaining the $8.90 paid into court by J. F. McElhenney; the balance amounting to $31.93 be levied for his benefit in the present year's County levy.
Allowances to jurors for the present term, Payable by the Commonwealth.
Ordered that the following be assigned to James Simerly's road list to wit. John Jessee, Joseph W. Jessee, C. B. Jessee, Wm. Jessee jr, John T. Jessee, Timothy S. Jessee, Jefferson Jesse's slave, John McFalls, & Wm. Deboard.
The Court proceeding to complete an estimate of allowances payable by County levy, the following are allowed in addition to those heretofore entered.
James P. Carrell, balance of interest on $1000. $31.93
Allowances to jurors at the present term,
payable by the County 9.00
John T. Smith for services at this term as a justice 9.00
Anthony M. Ferguson do 9.00
Simeon Hunt do 9.00
Amount brought forward from page 105 2343.35
To pay which claims it is ordered that the sum of one dollar and twenty five cents be levied on each tithable according to the Commissioners' books of the current year, and collected by the Sheriff accordingly.
From an estimate presented by the Clerk of the Court of a debt due from the County to the estate of Aaron Hendricks deceased, it appears that the amount including interest, till the 8th of this month, is $3002.61 for money loaned to build the new Courthouse, and supposing that there may be in the Sheriff's hands from collection of the County levy of 1852 & 1853 a sufficiency to pay off said claim no allowance for the present is made, on account thereof.
William Nash vs. Samuel Perry In Case.
George W. Hopkins vs. Andy F. Hendricks, guardian &c. In Case.
Patton G. Keen for Andy F. Hendricks vs. Augustus W. & Wm. B. Aston, In debt.
Andy F. Hendricks vs. Michael Askew In Case
These cases which were referred to Arbitration are continued till the next Term, the arbitrators not having yet made their award.
Nathan McKinney vs. Heiskell Mullins In Case
This case is continued till the next term.
Andy F. Hendricks vs. Michael Askew In Case
This case is continued till the next term at Plaintiffs Costs
David C. Ferguson plaintiff vs. William Browning and Vincent Browning, Defts. In debt
The Defendant by his Attorney pleaded payment to which the plaintiff replied generally, put himself upon the Country and the Defendant likewise, and the trial of the issue is continued till the next term.
122 Final Office Judgment.
James S. Witten and Isaac E. Chapman late merchants and partners trading under the firm and style of
Witten & Chapman plaintiffs
vs. } In debt
John C. Gillespie Defendant
This day came the plaintiffs by their Attorney, and the Defendant not yet appearing, it is considered by the Court that the judgment obtained in the Clerk's Office be made final, and that the plaintiff recover against the Defendt. $107.42 the debt in the declaration mentioned, with interest thereon from the 13th day of October 1852 till paid & their Costs by them in this behalf expended.
James P. Carrell, CC.
Ordered that the Court be adjourned till Court in Course.
John T. Smith