County Court Law Order Book, 1854, October Term|
128 Tuesday, October 3th 1854.
At a Court held for Russell County at the Courthouse on Tuesday October the 3th 1854.
Present, John T. Smith presiding Justice. N. B. Gray and Aaron H. Nash other Justices.
The following list of writings admitted to record by the Clerk of this Court in his office since September term last was read in Court and ordered to be inserted in the minutes of the Court.
A Deed of bargain and sale for land from Christopher Jordan to Charles A. Smith, dated the 3rd of September 1854, and admitted to record the 5th of September 1854.
A Deed of trust from Owen Stephens to Thos. W. Davis dated August the 22nd 1854 and admitted to record the 18th day of September 1854.
A Deed of bargain & sale for land from Benjamin H. Warder & others to John W. Ramsey, dated & admitted to record the 6th day of September 1854.
A Deed of bargain and sale for land from Jesse T. Ball & wife to Moses Hurt, dated, and acknowledged, and admitted to record the 22nd day of September 1854.
A Deed of trust from Lorenzo D. Vaughn to John H. S. Fugate dated the 4th of September 1854 and admitted to record the 5th day of September 1854.
A Deed of trust from Burdine Farmer to Benj. Wallis, dated and admitted to record the 16th of September 1854.
A Deed of bargain and sale for land from Isaac Vermillion Comr. to Francis A. Browning, dated and admitted to record the 22nd day of September 1854.
A Deed of bargain and sale for land from James Deskins to Robert A. White, dated the 4th of September 1854, and admitted to record the 29th day of September 1854.
A Deed of bargain and sale for land from Patton McGlothlin to Moses Hurt, dated and admitted to record the 30th day of Sept. 1854.
A Deed of bargain and sale for land from Lewis Bradley to Peter C. Johnston & Joseph Stras dated the 23rd of September, 1854, & admitted to record the 2nd of October 1854.
A Deed of Trust from Elijah Rasnick to David A. Skeen for personal property, dated & admitted to record the 2nd day of October 1854.
A Deed of bargain and sale for land from Benjamin H. Warder & others to Benjamin Wallis, dated & admitted to record the 2nd day of October 1854.
On the motion of Vincent Browning who took the oath of administrator prescribed by law, and entered into and acknowledged his bond in the sum of three thousand dollars with Robert Burk as his security conditioned as the law directs; A certificate is granted him for obtaining letters of administration on the estate Enas Browning deceased in due form.
John H. S. Fugate, Andrew J. Dotson, & Isaac M. Davis are by Robert Boyd sheriff of this Count appointed his deputies & the court being of opinion that they are men of honesty, probity and good demeanor, they severly took the oath of fidelity to the Commonwealth, the oath against duelling, the oath to support the Constitution of the United States and the oath of Office.
Stephen G. Samples & others Complt.
vs. } In Chancery
Elizabeth Samples & others Defts.
On motion of the plts by their Counsel it is ordered that Dale Carter be appointed guardian ad litem to the infant defendants to defend them in this suit, thereupon he made oath to and filed his answer.
Charles Kiser and George Breeding who were summoned to appear here at this term and shew cause if any they could why a new road from Alex. Southerland's house to Dump's Creek road should not be established, appeared in Court by their Attorney & the Court having fully heard the case & all circumstances weighed it is of opinion that the said road ought not to be established; It is therefore considered by the Court that the application of the said Alex. Southerland be dismissed and that he pay to the said Charles Kiser & George Breeding their costs by them in this be half expended.
On the motion of George W. Candler who took the oath of administration prescribed by law and entered into and acknowledged his bond in the sum of eight hundred dollars with Robert Boyd and Vincent Jessee as his securities, conditioned as the law directs, a certificate is therefore granted him for obtaining letters of administration on the estate of William Necessary deceased in due form.
Ordered that James M. Hanson, Charles H. Gilmer, Benjamin Woolfe and Absalom Baugh or any three of them being first sworn before a justice for the purpose do view and appraise in current money all
130 Tuesday, October 3th 1854.
the personal estate to them produced of William Necessary deceased and return such appraisement under their hands signed by the administrator to the Court.
On the application of John T. Howard for a road from the south side of Clinch river opposite the mouth of Lewis' creek and up said creek to Honaker's Mills, it is ordered that Thos. W. Davis one of the Comr. of roads in this county do view the ground along which the said road is proposed to be conducted & report to the Court truly & impartially the conveniences and inconveniences the advantages & the disadvantages which will result as well to individuals as to the public if such road shall be established.
On the application of Oliver H. Frick for an alteration of the road from Harvy P. Gibson's to James M. Hanson's, It is ordered that Abram Nordike, James M. Hanson & Harvy P. Gibson being first sworn before a justice for the purpose, do view the ground along which the said road is proposed to be conducted & report to the court truly & impartially the conveniences and inconveniences the advantages & the disadvantages which will result as well to individuals as to the public if such alteration shall be established.
Noah Breeding and William Breeding added to Isaac McReynolds' road list.
Ordered that Caleb Griffith be appointed surveyor of the road from Joshua Redwine's to Russell & Washington Turnpike, in the room of A. L. Hendricks, and he is to keep the road in repair with the following tithables to wit. - Calvin C. Griffith, Harden Griffith, Charles Burk, Rebeca Burk's slave Ben & Aaron; Margaret Burk's slave Simon, John G. Burk, Harvey Martin, John W. Martin, Thos. S. Price, Elgin Price, Benj. E. Johnson, George Johnson's slaves Ned & Julius, William Chapman, Thos. S. Johnson, John Athey, David Price, David Athey, Richard Price jr., Caleb Browning, A. L. Hendricks, and his slaves Edmond, Nelson & Charles, William H. Fields, Austin B. Smith, George Darr, Jesse Darr, Samuel Shelton, Benjamin Chapman sr., Andrew W. Martin, Joshua Samples, Isaac J. Burk, Archer Burk, John Browning, Michael Ascue, Abram Ascue, Henry Ascue, Harvey Thompson & Amos Thompson.
Samuel Hargis, Leonard Hargis, Thomas Hargis, William Hargis' 3 slaves, Josiah Spurgeon, James Spurgeon, Washington Martin, Leonard Shoemaker's slave Ben, Samuel Whetsell, George Robinson, Lafayette Rasnick, Charles Rasnick, Jasper Rasnick, Andrew Dougherty, Towson Dougherty, R. E. Cowan, Joseph Boswell, David Cowan, & Alfred slave of George Cowan was added to Capt George Cowan's road list.
Erasmus Mitchell, Robert McCoy, William Hay, James McCoy, James Stanly, Benj. Jordan, Solomon England, James Porter, Geo. Porter, Alex. Banion, James Hay, and Daniel C. Holbrooks are added to John Holbrook's road list.
Tuesday, October 3th 1854. 131
Ordered that Jonathan Honaker be appointed surveyor of the road from Honaker's Mill extending West 1 mile in the room of John Johnson, and he is to keep said precinct of road in good repair with the same hands that Johnson had.
James C. Gibson who was elected a constable in District No 5 to fill the vacancy made by the resignation of David H. Jessee this day took the several oaths prescribed by law & entered into & acknowledged his bond in the sum of $4000.00 with George Cowan & Cummings Gilmer as his securities, conditioned as the law directs which bond is ordered to be filed.
Andrew Ferguson appointed surveyor of the road from the falls of Cedar Creek by Ezekiel Garrett's to the mountain road in the room of David Alexander, to keep said precinct of road in good repair with the same hands that Alexander had & Daniel McCloud.
Ordered that James Smith jr be appointed surveyor of the road from Hackney's ford on Clinch river to reeds valley road in room of Joshua Counts, & is to keep the said road in repair with the same hands that Counts had.
Perry Fleenor, William Pippin, and Charles a man of coller are added to Samuel Phelps' road list.
Ordered that Jerry Puckett be appointed surveyor of the road the eleventh mile measuring from Lewis' Creek in room of William D. Gray, to keep said road in repair with the same hands Gray had.
Ordered that Nathan McGlothlin be appointed surveyor of the road from Crab Orchard to the forks of the Scott Road at Guest's Station in room of Randolph Robinett & he is to keep said road in repair with the following tithables, Samuel Hill, Elkanah Hill, William Hill jr., Sanders Hill, James C. Wheeler, James L. Buchanan jr., & Mathew Robinett.
Ordered that Fleming B. Jessee be appointed surveyor of the road from Nathan E. Burdine's up Moccasin to Harvey P. Gibson's in room of Able Alderson, & is to keep said precinct in repair with the following tithables, Jno. D. Alderson & slave bill, Andrew Richardson, James M. Pucket, William Frick, Wilson Hurt, Able Alderson & 2 slaves, Jerry B. McFaddin, B. Robinson, D. Suit, R. Suit, J. Suit, St. Suit, Thos. Dickenson, Isra Countis.
Ordered that John Dunkin, John Lewis, Thos. Bannion, and Samuel Ruley be added to Robert Carty's road list.
On the application of Ancil Asuce who produced in Court a receipt from the Sheriff of Russell County for the payment of a Tax of $17.50 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 licens is granted him to keep an ordinary at his house in the County till the next May term of this court.
Ordered that George Breeding be exempt from working on public roads, on account of bodily infirmity.
132 Tuesday, October 3th 1854.
Ordered that Thos. Thompson, Alfred Thompson, Alexander Ferguson, Jas. H. Campbell, Henry Campbell, Lafayette M. Fields, Richard T. Fields, Richard Fields jr., and John Fields jr. be added to Calvin T. Fields' road list.
Ordered that Isaac Fuller Overseer of the Poor bind Charles H. Riley an orphan boy to some proper person such as Thos. J. Riley may direct.
John H. S. Fugate one of the Rad. Comrs. in this County who was appointed by an order of this Court to view and locate a new road from the House of Absalom Baugh to the Carr's creek road on the application of said Baugh; made his report, and all circumstances weighed the Court is of opinion that the said road ought to be established. Therefore it is considered by the Court that the same be established as reported, and leave is given the said Absalom Baugh to open the same at his own expence. And it is further ordered that the said Absalom Baugh pay to Abram Buckles $10.00 and to Wm. Jessee $6.00 the damages assessed by said Commissioner.
Stephen G. Samples and others Complts.
vs. } In Chancery
Elizabeth Samples and others Defts.
This cause came on this day to be heard on the bill of Complainant and the answer of the infant defendants by D. Carter their guardian ad litem and was argued by counsel and it appearing to the court that the Spa. in the cause has been duly served on the resident defendants and that an order or publication has been duly made posted and published against James Samples the absent Deft. and they failing to appear & answer to bill the same as to them is ordered to be taken for confessed. And it pearing to the court that the salve in the bill mentioned cannot be divided between the heirs of James Samples in kind. It is hereby ordered adjudged and decreed that Stephen G. Samples who is hereby appointed a Comr. for that purpose do sell said slave to the highest bidder at the front door of the Court house of Russell County after having advertised the time and place of sale for one month by an advertisement at the front door of the Courthouse of said County. And that the he be take bond with good security from the purchaser payable to himself as commissioner and the he reports his proceedings to this court at its next term, till when this cause is continued.
Ira Cumbow, William Cumbow jr., George Cumbow, Wm. Cumbow sr., Andrew Heberlin, Ferman Perigin, Robert Johnson, Lewis Jordan, Michael Lark, Francis A. Browning, John Pharis, Archibald Jessee, James Gibson, Jeremiah Fields, William M. K. Browning, Perter Ray, Elias Clifton, Thos. Garrett, Thos. T. Hawkins, Stephen Ray, Barton Ray, Martin J. Clifton, Jno. M. Clifton, Martin L. Clifton, John
Tuesday, October 3th 1854. 133
Bailey, Uriah Clifton, John Fields Sen., John Fields jr., Francis Fields, Samuel Colling, Morgan Gilmer, John Combs, Robert Combs, Esaas Bowman, Thos. Dye, John Bowman, John Price, Henry Harrison, Wm. Browning, Benjamin Whetsell, James Lescow, Henry Fogleman, David Muncy, Samuel P. Fogleman, David Fogleman, William Dickinson, Abraham Buckles, John Buckles, Eli Buckles, Francis Cumbow, William Pippin, John B. Hendricks, Thos. P. Hendricks, David Willis, George W. Blessing, Cummings a slave, James Addams, Mealin Wolfe, William Gilmer jr., are added to George W. Hendricks' road list.
Ordered that court be adjourned till court in course.
John T. Smith