84              Tuesday, May 2d 1854.

 

At a Court held for Russell County at the Courthouse on Tuesday the 2d day of May, 1854.

 

Present John T. Smith Presiding Justice, and Wm. G. McConnell and Thomas S. Johnson other justices.

 

The following list of Writings admitted to record by the Clerk of this Court in his Office, since April Term last, was read in Court, and ordered to be inserted in the Minutes of the Court:

 

An Indenture of bargain and sale for land from Abram Buckles and Rebecca his wife to Joseph Gilmer, dated the 8th of March 1854, and admitted to record the 4th of April 1854;

 

A Deed of bargain and sale for land from William Browning and Rebecca his wife to Francis A. Browning, dated the 10th of December 1853, and admitted to record the 4th of April 1854;

 

A Deed of bargain and sale for land, from Henry M. Meade and Edith his wife to James H. Meade, dated the 17th of December, and admitted to record the 4th of April 1854;

 

A Deed of bargain and sale for land from John Steele and Elizabeth his wife to Michael Ascue, dated the 1st of April 1854, and admitted to record the 4th of April 1854;

 

A Deed of bargain and sale for land from James Whitt and Martha his wife to William Fletcher, dated the 1st of April 1854, and admitted to record the 4th of April 1854;

 

Four Deeds of bargain and sale for land from James Smith senr., one to James Smith jr., one to Joshua Smith, one to William Smith and the other to Riteson Smith and others, dated and admitted to record the 10th of April 1854;

 

A Deed of bargain and sale for land from Warders Attorney to Abram Fuller, dated the 9th of March 1854, and admitted to record the 15th of April 1854;

 

An Indenture of bargain and sale for land from Nicholas Honaker and Amy his wife to Isaac Honaker, dated the 13th of August 1851, and admitted to record the 19th April 1854;

 

A Deed of bargain and sale for land from Warders Attorney to George Cowan, dated and admitted to record the 20th of April 1854;

 

A Deed of Partition of land between Wilson Elliott and others and the heirs of Joel Campbell, deceased, dated the 29th of March 1854, and admitted to record the 27th of April 1854;

 

 

 

 

 

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A Deed of bargain and sale for land from David Alexander and J. his wife to James H. Campbell and Wilson E. Campbell, dated and admitted to record the 27th of April 1854.

 

Ordered that John H. S. Fugate, Thomas W. Davis and Daniel J. Ayres be appointed Road Commissioners in this County for the ensuing year.

 

Ordered that the following tithables be required to work on that precinct of New Garden Road of which Christopher Peck is surveyor, to wit: John W. Fletcher, Martin Sanders, James W. Wallis, Jacob Thompson, James Lockhart, William Lockhart, Andrew J. Owens, Herndon's Isaac and William, Enoch Mitchell, Andrew Mitchell, Thomas C. Dye, Evan Kindrick, Andrew Ball and James H. Ball.

 

Ordered that William R. Porter be appointed Surveyor of the new road in the room of Martin Fraley;

 

And it is ordered that all the hands living south of the cut of Copper Ridge heretofore placed on the lists of Martin Fraley, Alexander M. Lee and Enoch Vanderpool be exempted from opening said road.

 

And it is further ordered that said William R. Porter, Alexander M. Lee and Enoch Vanderpool divide the hands on the North of top of Copper Ridge and in Castles Woods between themselves, and send lists thereof to the Court for its approval.

 

Ordered that Jesse Browning be appointed surveyor of the road from the Courthouse to the two miles post near Samuel Leece's in place of Edward D. Kernan, and that he keep the same in repair with the tithables on said Kernan's list which are hereby assigned to him.

 

Ordered that the following tithables be assigned to Jas. W. Hendricks surveyor of a new road: Jas. W. Hendricks two hands, Will and Alph; William L. Garrett, Thomas H. Garrett, Houston Garrett, Daniel J. Ayres, Thomas Harris, John Harold, Randolph Fields, Joseph Fields, Riley Fields, Prior Dye senr., Prior Dye junr., Patton Dye, Richard Walden, John Walden, Solomon Jones, Granville Ferguson, Benjamin Ferguson, David Price, Richard Price, Andrew Ciphers, Harvey G. Martin, & John W. Martin.

 

Ordered that David Jessee be appointed surveyor of the road from Edward Dorton's to Molls Creek in room of Benjamin C. Bundy, and that he keep the same in repair with the tithables on said Bundy's list.

 

Ordered that Benjamin C. Bundy and William Jessee be exempted from working on public roads on account of bodily infirmities.

 

 

 

 

 

86                 Tuesday, May 2d 1854.

 

Ordered that Col. Harvey Gray, George Puckett, Nelson Gray, Vincent Jessee & Wm. B. Aston be appointed Commissioners under the General Election Law, to superintend the Election to be held at the Courthouse of this County, on the fourth Thursday in this month for a Sheriff, Commissioners of the Revenue and Constables; and that Charles D. Boyd be appointed the officer to conduct said Election.

 

Ordered that Robert Burk, Harvey W. Martin, A. L. Hendricks, Benjn. Chapman & Jno. P. Robinson be appointed Commissioners under the General Election Law to superintend the Election to be held at Aaron L. Hendricks' store in District No. 2 on the fourth Thursday in this month for a Sheriff, Commissioners of the Revenue and Constables; and that Jno. W. Martin be appointed the Officer to conduct said Election.

 

Ordered that Rolling R. Redwine, John Vincell, Wm. P. Horton, Meshack White & Jno. Bradshaw be appointed Commissioners under the General Election Law to superintend the Election to be held at Edwin R. Baylor's store in District No. 2 on the fourth Thursday in this month for a Sheriff, Commissioners of the Revenue and Constables; and that Henry Vincell be appointed the Officer to conduct said Election.

 

Ordered that John Ball, Moses Hurt, Adam Wisor, Zadok N. Garnder & Elijah Ferrell be appointed Commissioners under the General Election Law to superintend the Election to be held at Henry D. Aston's store in District No. 3 on the fourth Thursday in this month for a Sheriff, Commissioners of the Revenue and Constables; and that John T. Howard be appointed the Officer to conduct said Election.

 

Ordered that John Cook, Major A. Fletcher, Lorenzo D. Fletcher, Albert G. Smith & Patton Thompson, be appointed Commissioners under the General Election Law to superintend the Election to be held at John Cook's Mill in District No. 3 on the fourth Thursday in this month for a Sheriff, Commissioners of the Revenue and Constables; and that John T. Howard be appointed the Officer to conduct said Election.

 

Ordered that David Deel, Charles Anderson, Jesse Bartley, Jno. Kiser and Richard Colley, be appointed Commissioners under the General Election Law to superintend the Election to be held at Richard Colley's in District No. 4 on the fourth Thursday in this month for a Sheriff, Commissioners of the Revenue and Constables; and that James Colley be appointed the Officer to conduct said Election.

 

Ordered that John Mullins, Simpson Dyer, James G. Hale, William Taylor & Harmon Mullins, be appointed Commissioners under the General Election Law to superintend the Election to be held at John Mullins senrs. in District No. 4 on the fourth

 

 

 

 

 

                 Tuesday, May 2d 1854.                 87

 

Thursday in this month for a Sheriff, Commissioners of the Revenue and Constables; and that Elijah Beverly be appointed the Officer to conduct said Election.

 

Ordered that Joseph Chapman, Jas. M. Hanson, Joseph B. Gilmer, Reynolds S. Shoemaker & Oliver H. Frick be appointed Commissioners under the General Election Law to superintend the Election to be held at James M. Hanson's in District No. 5 on the fourth Thursday in this month for a Sheriff, Commissioners of the Revenue and Constables; and that Wm. T. Boswell be appointed the Officer to conduct said Election.

 

Ordered that Isaac B. Fugate sr., Jacob Owens, Ezekiel Burdine, Saml. B. Fugate & Jas. S. Glenn be appointed Commissioners under the General Election Law to superintend the Election to be held at Isaac B. Fugates. senr. in District No. 5 on the fourth Thursday in this month for a Sheriff, Commissioners of the Revenue and Constables; and that John W. Owens be appointed the Officer to conduct said Election.

 

Ordered that Andrew P. Gibson, George W. Dickenson, M. P. Dickenson, Andrew Statzer, Jos. Hackney & Holden Davis be appointed Commissioners under the General Election Law to superintend the Election to be held at Andrew P. Gibson's in District No. 6 on the fourth Thursday in this month for a Sheriff, Commissioners of the Revenue and Constables; and that Thomas Gibson be appointed the Officer to conduct said Election.

 

Ordered that Moses Dorton, William Johnson, Jno. Dorton, Tyree Culbertson, Daniel C. Bundy & David Jessee be appointed Commissioners under the General Election Law to superintend the Election to be held at John Dorton's in District No. 6 on the fourth Thursday in this month for a Sheriff, Commissioners of the Revenue and Constables; and that Lorenzo D. Vaughan be appointed the Officer to conduct said Election.

 

Ordered that Harvey Chapman, George C. Gose, Andrew Fraley and Nathaniel Dickenson be appointed Commissioners under the General Election Law to superintend the Election to be held at Harvey Gray's Porter House in District No. 7 on the fourth Thursday in this month for a Sheriff, Commissioners of the Revenue and Constables; and that Stephen Benner be appointed the Officer to conduct said Election.

 

Ordered that James Kiser, Elam Grizzle, Jonas Rasnick, Michael Kelly & James Laforce be appointed Commissioners under the General Election Law to superintend the Election to be held at William Grizzle sen. in District No. 7 on

 

 

 

 

88                Tuesday, May 2d 1854.

 

 the fourth Thursday in this month for a Sheriff, Commissioners of the Revenue and Constables; and that Jesse Grizzle be appointed the Officer to conduct said Election.

 

Ordered that Noah Bruce, James M. Jessee, Wm. Horn, Nicholas Horn, Tevis Newberry, & Dr. Jno. Hogue be appointed Commissioners under the General Election Law to superintend the Election to be held at David Gentry's late residence on top of Guest's Mountain in District No. 8 on the fourth Thursday in this month for a Sheriff, Commissioners of the Revenue and Constables; and that Hiram Kilgore be appointed the Officer to conduct said Election.

 

Ordered that Jesse Hubbard, Thos. G. Sowards, John Robinson, Jesse Houpt, Jas. Short, John Creech & James M. Gibson be appointed Commissioners under the General Election Law to superintend the Election to be held at William Robinson's at the Pound in District No. 8, on the fourth Thursday in this month for a Sheriff, Commissioners of the Revenue and Constables; and that Isham Cox be appointed the Officer to conduct said Election.

 

On the application of Daniel Puckett for a new road in this County from Jacob Cook's to Charles Taylors for the convenience of travelling, said application is referred to Thomas W. Davis one of the Road Commissioners, to view and report thereon according to law.

 

Ordered that John W. Fletcher, Thomas Fletcher, and Larkin Fletcher be added to Gabriel Jessee's road list.

 

On the application of Thomas H. Garrett for a new road in this County from the Mountain road near Andw. C. Ferguson's brick house to Hendrick's Mills for the convenience of travelling to said Mills; said Application is referred to Daniel J. Ayres, one of the Road Commissioners, to view and report thereon according to law.

 

Ordered that David Austin, Creed Thompson, George Barton, Isaac Vermillion, David Benner, David McFaddin, John Wyatt, Robert and Charles D. Boyd, be added to Thomas Davis' Road list.

 

Ordered that Noah Jessee, Lewis Debord and Viven P. Meade be added to Nathan T. Meade's road list.

 

Ordered that Jefferson Jessee be appointed Surveyor of the road in room of William Jessee, and that he keep the same in repair with the tithables on said William Jessee's list.

 

On the application of Esais Bowman for alterations on the road lately reviewed & reported by Comsr. John H. S. Fugate the same is referred to Commissioner Daniel J. Ayres, to view and report thereon according to law.

 

 

 

 

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Ordered that Charles C. Gibson be appointed Surveyor of the road from the house where Samuel Salyer lived to the line of Scott County, in the room of William Salyer, and that he keep the same in repair with the tithables assigned said Salyer.

 

On the application of Robert Boyd who produced in Court a Receipt from the Sheriff of Russell County for the payments of a Tax of $30.00; and it appearing to the Court that the applicant is sober and of good character and will probably keep a house orderly, useful, and such as the law requires, a license is granted to him to keep an Ordinary at his house in the town of Lebanon, till the next May Term of this Court.

 

On the application of Squire V. Holbrook for an ordinary license, who produced in Court a Receipt from the Sheriff of Russell County for the payments of a Tax of $30.00; and it appearing to the Court that the applicant is sober and of good character and will probably keep a house orderly, useful, and such as the law requires, a license is granted to him to keep an Ordinary at his house in the town of Lebanon, till the next May Term of this Court.

 

Present Justice Wilson Elliott - Absent John T. Smith presiding justice.

 

James F. Litton, John W. Litton and Martin D. Snider heirs at law of John Litton deceased being present in Court, and admitting that the deceased departed this life without having legally made and last Will and Testament;

 

On the motion of John T. Smith who made oath, and together with Edward D. Kernan and Robert Boyd his sureties entered into and acknowledged a bond in the penalty of $5,000.00 conditioned according to law, certificate is granted him for obtaining letters of administration on the estate of John Litton deceased in due form.

 

Ordered that Wilson Elliott, John Morrison, William Cromwell and James S. Browning or any three of them being fist sworn before a justice of the peace for the purpose, do appraise in current money the slaves and personal estate of John Litton deceased, and return an Inventory thereof to the Clerk of this Court for record.

 

Present John T. Smith presiding Justice - Absent Justice Wilson Elliott.

 

Ordered that Isaac Fuller one of the Overseers of the poor furnish Widow Compton with support till the next meeting of the board of Overseers, and report the amount appropriated, to the court at the time of its next levy, to be then allowed him.

 

 

 

 

90                 Tuesday, May 2d 1854

 

 

Singleton Candler was nominated by, and qualified as assistant Assessor for George W. Candler Commissioner of the Revenue for the Western District of this County.

 

It appearing in proof to the satisfaction of the Court that Thomas Bundy has been improperly charged on the Commissioners' books for the Western District of this County with a land tax for the years 1852 & 1853 of _______ including both years, and that he has paid the same to the Sheriff of this County, it is ordered that the same be refunded to him the attorney for the Commonwealth being present in Court and attending to the interests of the State in the Case.

 

The Commonwealth

vs.    } On a forth coming Bond

Wilbourn Ray, George W. Campbell and John H. Barker   Defendants

 

This day came the Attorney for the Commonwealth, and it appearing in proof that the Defendants have been legally notified, they were solemnly called and not appearing it is considered by the Court that the Commonwealth recover against the Defendants $33.40 the penalty of said bond and the costs of this motion; but to be discharged by the payment of $16.70 with lawful interest thereon from the 7th day of February 1854 till paid and the costs, and execution is awarded accordingly.

 

Ordered that the Sheriff of this County summon all the justices thereof to attend in Court at the next June Term in order to pass claims on the County, lay the County levy for the current year and settle with the Sheriff for former levies.

 

The Court, pursuant to the Statute in that case made and provided made a selection of persons to be summoned and serve as jurors for the next 12 months.

 

Jacob H. B. Miller      Complainant

against     { In Chancery

Elizabeth Miller & others Defendants

 

This cause came on this 2d day of May 1854 to be heard upon the bill and exhibits filed in the cause, the answer of the infant defendants by their guardian ad litem William J. Dickenson and was argued by counsel; and the said Elizabeth Miller, widow of Elijah Miller deceased having failed to answer, and more than two months having elapsed since the service of the summons on her, the bill as to her is taken for confessed;  And it appearing to the Court that partition should be made of the lands in the bill mentioned and that dower ought to be assigned to said Widow. It is therefore adjudged, ordered and decreed that William G. 

 

 

 

 

                        Tuesday, May 2d 1854                   91

 

 

McConnell, Robert Fugate and John W. Dorton or any two of them do go upon the land in the bill mentioned and assign unto the said Elizabeth Miller widow of said Elijah Miller one third part of said land including the dwelling house is she so desires, and divide the said land into three equal portions, having regard to quantity and quality, and assign one equal portion to Jacob H. B. Miller the Complainant, one to Nancy Jane, and one to Mary E. Miller the infants, and that they report their proceedings to the next Term of this Court, till which time this cause is continued.

 

Archer and John Jessee   Complainants

against     } In Chancery

Henry & Mary P. Dickenson  Defendants

 

This cause came on this 2d day of May 1854 to be heard upon the bill and exhibits filed in the cause, the answer of the infant defendants by their guardian ad litem William J. Dickenson and was argued by counsel; and it appearing to the Court that the Complainants have fully paid the amount of the purchase money for the land in the bill mentioned, and it further appearing that Robert Dickenson Defendants' ancestor was bound to make Complainants a right to one half of the land in the bill mentioned, which he failed to do in his lifetime; It is therefore adjudged, ordered and decreed that James P. Carrell who is hereby appointed a Commissioner for the purpose, convey the interest of the said infant defendants in the land in the bill mentioned being one moiety in the same to the Complainants, with covenants of special warranty; and that he make report of his proceedings to the next term of the court till which time this case is continued.

 

A Settlement of the Executorial Accounts of Elijah Beverly on the estate of Barnett Bowman deceased, was reported to the Court, and there being no exception thereto it is ordered that the same be recorded.

 

On the application of of John T. Smith for a review of the new road from Black's Ford of Clinch River to the turnpike, the same is referred to Commissioner Daniel J. Ayres, to view and report thereon according to law.

 

Ordered that the Court be adjourned till Court in Course.

 

John T. Smith