County Court Law Order Book, 1854, September Term|
122 Tuesday, September 5th, 1854.
At a court held for Russell County at the Courthouse on Tuesday the 5th day of September, 1854.
Present, John T. Smith presiding justice, Wilson Elliott and Elijah Ferrell.
The following list of writings admitted to record by the Clerk of this Court in his office, since August 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 Robert Fugate & Oragan Dickenson to William S. Johnson, dated the 15th of April 1854, and admitted to record the 8th of August 1854.
A Deed of bargain and sale for land from Henry D. Smith to E. R. Baylor, dated and admitted to record the 8th of August 1854.
A Deed of bargain and sale for land from Joel J. Bays & wife to Benjamin E. Johnson, dated and admitted to record the 10th of August 1854.
A Deed of bargain and sale for land from Andrew Williams & wife to E. D. Kernan, dated and admitted to record the 11th of August 1854.
A Deed of bargain and sale for land from Jas. P. Carrell & wife to John W. Love, dated the 4th of August 1854 and admitted to record the 12th of August 1854.
A Deed of bargain and sale for land from Solomon Litton to Leonard Shoemaker, dated & admitted to record August the 16th 1854.
A Power of an Attorney from Joseph Shoemaker to James L. Shoemaker dated the 8th of March 1854 and admitted to record the 22nd of August 1854.
Tuesday, September 5th, 1854. 123
Ordered that Daniel Alexander be appointed survey of the Cedar Road Creek, from the falls to the mountain road in room of Lewis Vires and is to keep it in repair with the same tithables heretofore assigned said Vires.
Ordered that E. J. Culbertson, John Cloud, Hampton Halley, John Jinks and Russell Powers be added to Thomas Davis' road list.
Ordered that William N. Leece be added to Isaac McReynolds road list.
The following tithables added to William Taylors road list William Right John Right, Jonathan W. Yates, Josiah Hill, John Ritchey and Hopkinson Richardson.
Ordered that James Holbrooks be appointed survey of the road from Gose's Lick Logs to the Crab Orchard, & keep it in repair with the following tithables, to wit the same hands that belonged to said Hall.
Robert Boyd having recommended Jessee Browning to the Court as his deputy, said Browning took the oath of fidelity to the Commonwealth, an oath to support the Constitution of the United States, the oath against dueling and the oath of Office.
Ordered that Robert Carty be appointed surveyor of the road from Sulpher Spring meeting House to Samuel Honaker's to keep in repair with the following tithables, John Honaker, Andrew J. Honaker, John W. Honaker, James Purcell, Mordica Cross, Asa Cross, Robert Carty, George Dickenson & Samuel Dickenson.
Ordered that James Jent, Fielding Jent, Geo. Grizzle, David Musick, George Smith, John Smith, James Artrip, Harvey Artrip, Joseph Artrip, James H. Breeding, Spencer Breeding, Isaac N. Null, William Breeding, Noah Breeding, Martin Lawson, Solomon Musick, & Henry Musick be added to E. Breeding's road list.
Thos. S. Sowards, William Sowards, Wesley Sowards, Jefferson Soward, A. J. Soward, Martin Soward, Bird Franklin, John Wheatly, William Adams, and Adam G. Robinson are added to Jno. H. Robinson's road list.
On the application of John H. Robinson for a new road in the County from near William Robinson's (at the Pound) to Vanover's Mill said application is referred to J. H. S. Fugate Comr. of roads to view and report thereon according to law.
Ordered that John W. Ball be appointed survey of the road from Honakers Mill to Johnson Howard's & is to keep said road in repair in room of Jonathan Honaker with the following tithables, Isaac Sergent, Hugh Sergent, Boyd Lawson, John Lawson, Wm. Hawson, Andw. Ball, John Ball, Tazewell Stump, Christopher Stump and Jonathan Honaker.
Ordered that Rolen Thompson have the hands that has been taken off his road List reassigned to him.
On the application of Absalom Baugh for a new road in the County from his house to Carr's Creek, and said application is referred to John H. S. Fugate, Comr. of roads to view and report thereon as the law directs.
Ordered that Charles Hess be exempt from paying County Levy and working on public roads on account of bodily infirmities.
A writing purporting to be the last Will and Testament of John Owens, deceased, was proven in Court by David Jessee senr. and Abram Nordyke the subscribing witnesses.
124 Tuesday, September 5th, 1854.
thereto and ordered to be recorded.
Thomas Hargis, Samuel Hargis, James Hess, Jacob Barton, Isaiah Spurgeon, Joseph Spurgeon, Sepaton Compton, & William Hargis' black boy added to Jackson Litton's road list.
William Williams, Samuel Whetsell, George Robinson, Jeremiah Pucket, Rufus Dougherty, Lafayette Rasnick, Charles Rasnick, Jasper Rasnick, Andrew Daugherty, Lawson Dougherty, James Dills, Charles Dickenson, Robert E. Cowan, Joseph Boswell, Thomas Pucket, David Cowan, and Alfred slave of George Cowan, added to G. Cowan's road list.
Ordered that Solomon Redwine be appointed surveyor of the from H. D. Aston's to James H. Fullers in room of David C. R. Snader, & is to keep said road in repair with the following tithables - John Lockart, Alfred Slaughter, Wm. Lockhart, Even A. Kindrick, William Kindrick, Thos. Dye, Owen Stephens, Edward Cocram, John T. Ball, Johnson Owens, James Whitt, William Fletcher, David C. R. Snader, John McKinney, James McKinney, William Hess sr., Isaac Hess, Jacob Hess, Levi Hess, Jacob Combs, Johnson Combs, August McFarlane, Lilborn McFarlane, Elias Owens, Jackson Owens, Cummings Redwine, Joseph Yates, John Yates, James H. May, and Franklin Yates.
Daniel Dotson, Matthew S. Dotson, Nehemiah Henderson, Martin Branham, Tandy Branham, Joseph Bryant, John McFalls, Hiram Cantrel, Alex. Cantrell, James Cantrel, Sherd Cantrel, Abraham Cantrel, David Short, Wm. McFalls, James Mullins (son of Sherd) James Clevender, Henry Mullins, Andy Mullins, David Mullins, Wm. Mullins, Russell Mullins, Wilson Mullins, Jackson Mullins, Sherd Mullins, John Brice sr., John Brice jr., Robert Brice, Pinkney Vance, Daniel Short, Samuel Baker, and Hickey Baker - was added to Simon Dotson road list.
Henry Newcum, Wm. Helbert, Jacob Helbert, and Wm. McGee is added to Thos. Puckett's road list.
Erasmus Mitchell Complt.
vs. } Forceable entry
Henry Dickenson and others Deft.
This day came the parties by their attorneys, the Deft. pleaded not guilty and put themselves upon the Country and the Pltf. likewise. Whereupon came a jury to wit - John Booth, Andrew J. Litton, A. Fuller, Jacob Owens, Jos. C. Dorton, Wm. Price, Jesse Southerland, Benj. Chapman, John W. Smith, Granville Gilmer, Ruben Finney and F. B. Jesse, who being elected tried and sworn the truth to speak in the issue joined, but not
agreeing in verdict by Consent of the parties they were discharged from further service - this cause is continued till the next term for other proceeding to be had therein.
Ordered that James H. Fuller be allowed 20$ for damages by a road running his land which was allowed at another time but
Tuesday, September 5th, 1854. 125
omitted to be entered by the Clerk.
Harvey P. Gibson, William G. McConnell and Skidmore Muncy justices of the peace in District No. 5 in this County and David H. Jessee Const. in the same District came into Court and resigned their Office. Whereupon it is ordered that an Election be held at Nathan E. Burdines in said District on the 23d day of this month to supply said vacancies to be superintended & conducted by the Commissioners and Officer appointed by this Court at lats May term to superintend and Conduct the election at Isaac B. Fugate.
Ordered that Wm. Salyer be appointed guardian of Johnathan Salyer whereupon he executed bond in the penalty of $600. with John H. S. Fugate as his surety conditioned according to law.
Ordered that Thos. W. Davis Comr. of roads survey a road from some point on the turnpike between Jno. W. Lampkin's & H. D. Smith's to Black's ford on Clinch river and report thereon according to law.
J. F. McElhaney surety of Johnson P. Gibson administrator of Thos. Gibson deceased declare in Court that he will not longer remain surety, the said John P. Gibson also being present in Court & refusing to give other surety his office aforesaid is made vacant. On motion of Jesse Wampler & Jefferson Bannion who made oath and together with Aaron H. Nash & J. F. McElhaney their sureties entered into and acknowledged bond in penalty of 600$ conditioned according to law. Certificate is granted them for obtaining administration de bonos non. on the estate of said decedent in due form.
Ordered that Samuel Phelps be appointed surveyor of a road from near H. P. Gibsons to the Turnpike near Wesley Gilmer - & keep said road in repair with the following hands - Joseph Chapman, Carmel Chapman, Theofolis Chapman, David Phelps, Robert Phelps and Jason Chapman.
William Gragg, Samuel Anderson & Andrew Anderson are added to Elijah Southerland's road list.
Joseph Boyd & Andrew Boyd are added to Elijah Ferrell's road list.
Ordered that the following tithables be added wo William Stinson's road list. John C. Ferguson, William P. Horton, James B. Low, Miles Low, Henry Vincell, Jessee Low, Wm. Vincell, Wm. Taylor, George Vermillion, John Jackson, James McGraw, Johnson Mutter, Crabtree Taylor, Wm. P. Morton, Eli Jackson, John McGraw, James H. Mutter, Wm. Vincell, James B. Bowling, Richard Low, Caleb Jolley, George Jolly, Jno. Vincell, John Boothe, Wm. Mutter, Hezekiah Boothe, Robert Stinson, Sidney Jolley, John W. Boothe, Wm. Brooks, Jackson Howell, Wilson Ball, James Ball, Anderson McGraw, Nathaniel R. Etter, Levi Jackson and Frank Ferguson.
On the application of John T. Howard & Major A. Fletcher alterations in the present location of New Garden Road, T. W. Davis Comr. to whom the application was refered made his report & it appearing to the Court
126 Tuesday, September 5th, 1854.
from said report that the alteration therein designated will improve the road & the owners of the land through which the same passes, consent thereto. It is ordered that the same be established & opened acordingly.
On the Application of Alex. Southerland for a new road from his house to the road on Dumps Creek, Isaac Vermillion, James Smith and Jonas Rasnick were appointed to view and locate the same & made their report where upon it is ordered that George Breeding & Charles Kiser through whose land the same is located, and summoned to appear here at the next Oct. term to show cause why the said road should not be opened.
James P. Carrell
vs. } In Chancery
This cause came on this 5th day of September in the year 1854, to be heard on the bill and the exhibits filed and was argued by counsel & it appearing that the spd. in this cause was duly served and the bill filed at the July rules last and the defendant having failed to appear and answer the bill is ordered th be taken for confessed, whereupon it is adjudged ordered and decreed that Commissioner R. H. Lynch do proceed to take an account in this cause pursuant to the prayer of the bill to assertain the amount of the Complt. debt, principle interest and costs, and whether the defendant present interest in the land in the bill mentioned will discharge the same by rents and profits within five years as well as any other liens that may be upon said land and that he report his proceedings to this court at its next term to which time this cause is continued.
vs. } Appeal from Justices judgment.
This day came the parties by their attorneys and it appearing to the Court that the appalee could not legally sustain judgment on the warrant in this Case, the judgement of the justice is reversed and on her motion she has leave to withdraw the note filed in the cause.
Larkin J. Samples, infant of James Samples deceased being of full age for that purpose in open Court made Choice of Elizabeth Samples, his mother as his guardian which is approved by the Court whereupon Elizabeth Samples with E. Ferrell as her surety entered into and acknowledged a bond in the sum of $2000. conditioned according to law. Ordered that Elizabeth Sophia their mother be appointed guardian for Celia Lavina Samples, Elizabeth, Nancy Jane, Sarah Ellen, & Elbert Severe Samples infants of James Samples deceased thereupon Elizabeth Samples & E. Ferrell as her surety entered into the
Tuesday, September 5th, 1854. 127
the bond aforesaid.
Penelope E. and Henry Lewis Fletcher infants of Basil Fletcher deceased being of full age for that purpose in open Court made Choice of Sarah Fletcher their mother as their guardian which is approved by the Court - whereupon Sarah Fletcher with E. Ferrell and Gabriel Jessee as her sureties entered into and acknowledged bond in the sum of $1000. conditioned according to law.
Ordered that Sarah Fletcher their mother be appointed guardian for John Larkin, Leah Jane, Nancy Howard, Charles Lilborn, Ruben Lee, Mary Rogers Fletcher infants of Basil Fletcher deceased thereupon Sarah Fletcher with E. Ferrell and Gabriel Jessee as her surety entered into the aforesaid bond.
Joseph Kelley swears that some time in the month of Nov. 1853 as he now recollects Catharine Laforce of the County of Russell assigned a land warrant for 80 acres issued in the name of sd. Catharine Laforce widow of Monsieur Laforce a private in Capt. John Hamons Company Va Militia war of 1812 in blank understood at the time the assignment was for the benefit of Wm. B. Aston. He saw J. F. McElhaney pay her the amount for which she sold the said warrant and she acknowledged the said assignment before me, I am and was at the time of said assignment an acting justice in & for the County of Russell in the state of Virginia.
J. F. McElhaney swears that some time in the month of Nov. 1853, as he now recollects he purchased for Wm. B. Aston from Catharine Laforce widow of Monsieur Laforce who was a private in Capt. John Hamons Company of Va Militia a land bounty warrant for 80 acres of land issued in the name of said Catharine Laforce widow &c. No. 32.600 he thinks said Catharine Laforce executed a blank assignment of the said warrant in the usual form this witness was a witness to the assignment. The warrant was for the benefit of Wm. B. Aston although assigned in blank.
The Court certify that said Kelley & McElhaney are creditable witnesses.
It appearing to the Court that Wm. G. McConnell served as a justice at the January term 2 days, instead of Joseph Kelley it is ordered that the allowance in the County levy of 6$ to said Kelley be paid by the Sheriff to said McConnell instead of said Kelley.
vs. } On a Summons
Harvey Gray came into Court and being sworn said that he is indebted to the Deft. in an amount more than sufficient to pay pltf's debt. Whereupon it is considered by the Court that the Plt. recover against the said Harvey Gray _____ dollars _____ cts. the amt of his debt & costs against the Deft. McReynolds
128 Tuesday, September 5th, 1854.
Erasmus Mitchell plt.
vs } Forcible entry.
Henry Dickenson & others Deft.
By agreement of the parties the decision of this cause is submitted to Dale Carter & Charles J. Cummings & their umpire (in case of disagreement) whose award is to be entered as the judgement of this Court, & the Cause is Continued.
Ordered that the Court be adjourned till Court in Course.
John T. Smith