County Court Law Order Book, 1854, December Term|
Tuesday December the 5th 1854. 146
At a Court held for Russell County at the Courthouse on Tuesday December the 5th day 1854.
Present John T. Smith presiding justice, Nathan E. Burdine & James Jent other justices.
The following list of writings admitted to record by the Clerk pro tem of this court since the November term 1854, was read in court & ordered to be inserted in the minutes of the court..
An agreement between Samuel Taylor senr. and Rebecca Taylor dated and admitted to record the 7th of November 1854.
A deed of bargain and sale for land from William P. Samples to Stephen G. Samples dated the 12th day of May 1854, and admitted to record the 7th of November 1854.
A deed of trust for land from John W. Honaker to Wm. B. Aston dated & admitted to record November the 7th 1854.
A deed of bargain and sale for land from Elijah Webb & wife to James H. Bays dated & admitted to record the 10th of November 1854.
A deed of bargain and sale for land from Warders Attorney to Charles Addington dated & admitted to record the 10th November 1854.
Tuesday December the 5th 1854. 147
A deed of bargain and sale for land from Warders' Attorney to Margaret Gibson & others dated & recorded 10th November 1854.
A deed of bargain & sale for land from J. F. McElhaney & Thos. W. Davis to John Boothe dated the 2nd of October 1854 & admitted to record the 10th of November 1854.
A deed of bargain & sale for land from George Finney senr. to William N. Leece dated & admitted to record the 11th day of November 1854.
A deed of trust for personal property from John J. Vance to Harvey Steele dated the 25th of November 1854 & recorded the 27th of November 1854.
A deed of trust for personal property from William Keith to Noah W. Counts dated the 20th of November 1854 & recorded the 25th of November 1854.
A deed of trust from William H. Fields to William J. Dickenson dated & recorded the 29th of November 1854.
A deed of trust from John W. Ramsey to Robert Boyd for land was dated & recorded November 30th 1854.
A deed of bargain & sale from Charles M. Ashby to Joseph Hackney dated & recorded December the 2nd 1854.
A deed of bargain & sale from Archibald Witt to James M. Gibson dated the 10th of November 1854 & record December the 4th 1854.
A deed of bargain & sale from Jarred J. Justice to James M. Gibson dated the 25th of October 1854 & recorded the 4th of December 1854.
A deed of bargain & sale from Hiram Justice to James M. Gibson dated the 1sst of July 1854 & recorded December 4th 1854.
Col. Harvey Gray having been summoned by the Creditors of Henry M. Meade to answer before the court what amount he owes said made a note of $179.00 subject to a credit of $12.93 3/4. It is therefore ordered by the court that the following attachments be satisfied to wit: One in favor of Robert Boyd, one in favor of Dickenson Alderson & Co. and also one other in favor of James Turner, for the amt. of said claims, see the attachments, and if any thing more remains in said Grays hands it is to be applied to the benefit of said Meads Securities Thomas Meade & others, all of which note after said credit of $12.93 3/4 is deducted, is condemned for the above named purposes.
Charles J. Williams having been summoned before the court to answer upon oath what he owes Henry M. Meade, stated upon oath that he was justly indebted to Henry M. Meade $10.00 which amt was condemned by the Court for the benefit of Thomas Mead & others his security.
John Bishop, James A. Sexton & Stephen Williams who being summoned for the purpose of answering on oath their indebtedness to Henry M. Meade stated upon oath that they were justly indebted to said H. M. Meade $22.00 subject to a credit of $3.00 which was likewise condemned by the Court for the benefit of Thomas Meade & others.
John W. Duncan's note having been produced to the Court for $5.00 due the 25th day of December 1853, the said note was condemned by court for the benefit of Thos. Meade & others.
Also one note of $8.50 on William Reynolds due the 9th of Oct. 1854, which was likewise condemned by the Court for the benefit of Thos Meade & others.
148 Tuesday December the 5th 1854.
Also one note on Robert P. Vicars for $2.86 due in November 1854 which said Vickers paid to Clerk which was condemned &c for Thos. Mead.
James B. Williams also paid upon garnished $4.87 1/2 which was likewise condemned for the benefit of Thomas Meade & others.
James H. Meade having been summoned by Thos. Meade & others stated upon oath his indebedness to said Henry M. Meade and the Court hearing his statement, are of opinioned that he pay to Thos. Meade & others $46.00 &c.
Thomas J. Ruley having been summoned by Thos. Meade and others was examined by the Court, who stated that he owed Henry M. Meade $2.00 which amt. was condemned by the Court for the benefit of said Thomas Meade & others.
Thomas Meade, Joseph C. Fugate, & others having sued out an attachment against the estate of Henry M. Meade &c., directing said attachment to Charles J. Williams Const. who levied it on one bay mare & one cow, & which he says he has ready as the law directs.
Whereupon this Court condemned said mare & cow for the benefit of Thomas Meade, Joseph C. Fugate, Henry M. Honaker, &c. James H. Meade the security of the said Henry M. Meade Constable of Russell County Va.
Whereupon came also James B. Williams who claimed the property so attached in the hands of Charles J. Williams and filed his plea and offered John P. Dickenson & Charles J. Williams as his surety which the court considered good, and thereupon joined issue, and the case is continued till the next term, for further proceedings therein to be had.
Thomas Meade & others
vs. } Attachment
Henry M. Mead
Thomas mead and others having sued out an attachment against Henry M. Meades estate, and the Constable having returned that he has executed the attachment on 2 head of horses, one cow, 4 head of hogs & one clock, all of which he says he has ready as the law directs. Thereupon the court condemned the property for the benefit of said Thomas Meade & oths. Whereupon came also Henry P. Meade who claimed the property so attached in the hands of Charles J. Williams and filed his plea, and offered Charles D. Boyd as his surety which the court considered good, and thereupon joined issue, and the case is continued till the next term, for further proceedings therein to be had.
Samuel W. Aston who was appointed a commissioner in chancery to fill the vacancy occasioned by the death of J. P. Carrell commissioner in the County Court of Russell, at the November term came forward this day and took the oath of fidelity, the oath against deuling and the oath of office.
Daniel J. Ayers Comr. of roads, ordered to review a new road from the mountain road above Joseph C. Fugates to the road at or
Tuesday December the 5th 1854. 149
Isaac B. Fugates up the valley of Moccasin, and report impartially the conveniencies and inconveniences the advantages and disadvantages should said road be established as well to the public as to individuals, said application was made by Samuel Weddle, & make your report to the next term of this court.
Ordered that Edward J. Culbertson be allowed the recording fee on the following deed and deeds of trust to wit John Gillum to Charles F. & Abram J. Bond, Jesse Davis to Linkhorn Blevins, Charles F. & Abram J. Bond to John Gillum, Samuel Taylor jr. to Samuel Taylor sr., John D. Alderson & wife to Joseph Combs, Elizabeth Meade to A. W. & Wm. B. Aston, Joseph Eastep to Hiram Eastep, Benjamin A. Warder & others to William Clark, James F. Litton to John Morrison, Isaac Fields & wife to Robert Stinson, Jacob Combs to Elexious Musick, Joseph McReynolds to Harvey Gray, George A. Pruner & wife to John F. McElhaney, all of said deeds were recived for record before James P. Carrell late Clerk of this Court died but was not admitted to record till since his term of office expired, therefore as Edward J. Culbertson C. pro tempore has to record said deeds he is allowed the recording fee & said Carrells Executor is allowed the tax on said deeds.
Ordered that the road report made by Daniel J. Ayers Comr. on the application of Thomas H. Garrett be establish, and that the road is opened from Hendricks Mills to the mountain road near A. C. Fergersons Brick house, dug & made smooth 12 wide & cleared 20 feet.
Ordered that Joshua Thompson be appointed surveyor of the road from Hindricks Mills to the Mountain road, to open said road according to the report made, with the following tithables.
Anthony M. Fergerson, Taylor Fields, Creed Thompson, Lewis Veirs, Mark Price, Calvin T. Fields, Maj. Joel Fields, Burdine Farmer, Daniel McCloud sr., Daniel McCloud jr., Anthony Fergerson jr., Bill Fergerson (slave), Wm Cooper, Jacob Cooper, James W. Hendricks & 2 slaves, Prior Dye sr., Prier Dye jr., Patton Dye, Richard Walden, JOhn Walden, Solomon Jones, Granville Fergerson, Benjamin Fergerson, John Fergerson's 2 black men, David Alexander, Price Alexander, Martin Garrett & 1 slave, Ezekiel B. Garrett, David McCloud, Manuel Fergerson, Thomas Harris, John McElyea, Caleb Browning, Jacob Browning, Andrew Fergerson jr., Maj. A. C. Fergerson & black boy, William Fields (little bill), Russell Fields, Phillip Snead, Hiram Henderson, A. L. Hendricks & hands, Randolph Fields, Joseph Fields, Riley Fields, John Herald, Samuel Belcher, John Gilmer, Granville Gilmer, Samuel Gilmers (Black hands), Wm. Browning, Thomas Thompson, Wesley Fogleman, Thos. H. Garrett & Daniel J. Ayers.
Ordered that Henry Harrison be appoint surveyor of the public road from the ford of Little Cedar Creek to Sergants Mill domn in the room of John B. Fickle to keep said road in good repair with the same hands that said Fickle had.
Ordered that Meredith Burchitbe appoint surveyor of the public road from Bickleys grist mill to clinch river in room of James Dotson to keep said road in good repair with the same hands.
150 Tuesday December the 5th 1854.
Richard Ferrell Appeallant
vs. } Appeal from justices judgment
Andrew J. Durnel Appellee
This case was continued for appellant untill the next term.
Robert P. Vicars Appellant
vs. } Appeal from justices judgment
Culbertson & Salyer Appellee
This case was continued for appellant untill the next term.
William C. Jackson Appellant
vs. } Appeal from justices judgment
Celia Fraley Appellee
This cause having been entered at the last term of said Court, and a rule made against Celia Fraley for costs, Andrew Fraley came forward & entred into bond for the costs that might occur on said appeal in Court whereupon the parties went into trail and the warrant was dismissed &c. at Celia Fraleys costs.
On the motion of James H. Bays who came forward and qualified as Committee for Joseph Bays a person of unsound mind, acknowledged his bond in the sum two hundered & fifty dollars, with William Bays as his surety the bond conditioned as the law directs, therefore he granted the power act as guardian for said Joseph Bays.
On the Application of Alexander Southerland, it is ordered that John H. S. Fugate Comr. of roads view and locate a road from Alexander Southerland's house to the sandy road on dump's creek and report truly and impartially the conveniencies inconveniencies advantages & disadvantages as well to the public as to individuals should said road be established and report to the court at the next term.
Jerry Pucket's is therefore assigned the following hands to wit Wm. D. Gray, Wm. Williams, George Williams, Charles Dickenson, Joseph King, Jahu Barton, John Dills, James Dills, George Robinson and Wm. Puckett.
Ordered that the following and be added to Wm. B. Astons road list. Harvey & Archer Gray (sons of Nelson Gray) & Moses his slave and John C. Aston.
Elihu Long and John Chafin are added to Wm. H. Gragg's road list.
Ordered that Andrew Fraley be appointed as Commissioner to make partition of the lands of ARcher Jessee deceased in the room of Nathaniel Dickenson.
Ordered that the following list of hands be added to Nathan E. Burdines road list, James L. Long, David W. Barker, Joseph
Tuesday December the 5th 1854. 151
Combs, John Combs, Robert Combs, Aaron H. Garrett, Robert Pippin, Joseph Pippin, Zachariah Pippin, Lazarus Light, Meredith P. James, B. Browning, John W. Harvey, Lewis Bradley, James H. Gibson, Wm. Litton, Andrew Boothe, Joshua White, John A. Collins, Solomon Poston, Robin Lasly, Martin McNutt, Edward (slave of Nathan E. Burdine).
Wiley McCoy, Berry Banner, Crocket Murphy, Trigg Talbert, James McReynolds, Stephen Dotson, S. V. Holbrooks and James E. Johnson are added to Meredith Burchet road list.
Ordered that James P. Carrell's executor be allowed twenty five dollars for the services of the said James P. Carrell late clerk for examining and certifying the Commissioners' Books for the current year, which is ordered to be certified to the auditor of public accounts.
William Gragg a constable of this County produced his account against the Commonwealth amounting to $3.40 including the service of Timothy Jessee and Joseph Jessee for assisting in the arrest of Robert Lucas charged with felony which was sworn to by the said Constable, allowed by the court, and ordered to be certified to the auditor of public accounts.
Valentine Bush a constable of this county produced his account against the Commonwealth amounting to $11.20 including the services of William Henley and John C. Boswell for assisting in arresting of Samuel Dickenson charged with attempting to kill William Combs, also for conveying said Dickenson to jail, which was sworn to by said Constable, and allowed by the court, and ordered to be certified to the auditor of public accounts.
Isaac Vermillion late sheriff of this County produced his account against the Commonwealth amounting to $2.95 including the services of Charles A. Boyd for assisting in arresting of Milla Anderson charged felony and summoning 6 witnesses for the Commonwealth, which was sworn to by said Vermillion and Boyd, allowed by the court, and ordered to be certified to the auditor of public accounts.
Ordered that Court be adjourned till Court in Course.
John T. Smith