County Court Law Order Book, 1853, August Term|
Tuesday August 2nd 1853 1
Present John T Smith presiding Justice and Henry D. Aston and James Gent other justices.
The following list of Writings admitted to record by the Clerk of this Court in his Office since the last Term, was made in Court and Ordered to be entered on the minutes.
A patent for land from the Commonwealth by Isaac Moore dated December 1st 1851, and admitted to record on the 4th of July 1853.
An indenture of bargain and sale for land from Adeline McClanehan and Elias Green, to George Smith, dated the 19th day of June 1853 and admitted to record on the 4th of July 1853.
A deed of bargain and sale for land from Robert Fugate to Mina Danner dated the 4th of July 1853 and admitted to record the 5th of July 1853.
And indenture of bargain and sale for land from Andrew Williams & wife to Sarah Peery, dated the 18th of January 1853 and admitted to record the 11th of July 1853.
An Agreement between Richard Ferrell, John T. Howard, and Major A. Fletcher for the division of personal estate, dated the 13th of June 1853, and admitted to record the 5th day of July 1853.
Three Deeds of bargain and sale for land from Werders Attorney, one to Joseph Kiser, one to Andrew Kiser, and the other to William M. Lockhart dated and admitted to record the 12th day of July 1853.
A deed of bargain and sale for land from same to Alexander Sutherland, dated and admitted to record the 28th of July 1853.
A Deed of Trust for land from Alexander Sutherland to Wm. B. Aston dated and admitted to record the 28th of July 1853.
A deed of partition for land between Henry Campbell & others and James H. Campbell & others dated the 2nd of July 1853, and admitted to record the 30th of July 1853.
A deed of bargain and sale for land from Harvey Gray & wife to Samuel Leece, dated the first day of June 1853, and admitted to record the first of August 1853.
It appearing to the Court that the defendants since the finding of the indictment in this case have been united in marriage the court doth permit the dismission of the case, and it is accordingly dismissed by consent of said Deft David Phipps, at his costs.
Commonwealth vs James Dills Deft. Indictment for Assault
Commonwealth vs Henderson Vickers Deft indictment for assault
Ordered that Ephraim Kiser, Abraham Childers, Nimrod Kiser, and Jefferson Jesse, or any three of them being first sworn before a justice of the peace for the purpose, do appraise in current money the personal estate of Simeon Kiser deceased, and return the appraisement to the clerk of this court for record.
This court designates the month of June and November as the times when at the regular terms in said months grand juries are to be summoned and empanelled, and the court limits the number of grand jurors so to be summoned to sixteen. The court does not make any orders designating two of the quarterly terms of the Court for the trial of jury cases; the terms for such trials remaining as heretofore in the month of March, June, August, and November
John W. Burdine against whom a rule has been made to show cause why he should not be fined for not attending at the last June term as a grand juror, appeared in court and having shown sufficient cause, it is ordered that said rule be discharged.
On application of William Vermillion surety of Jacob H. B. Miller, administrator of Elijah Miller deceased, it is ordered that, the said Jacob H. B. Miller be summoned to appear here at the next court and show cause why he should not give other security or be removed from his office.
On a motion to impose a tax on Isaac Vermillion Sheriff of this County to lessen the county levy, the court being equally divided on the question of taxing or not taxing him, the motion did not carry
Ordered that Prucia Compton, child of Martha Compton, and Morgania child of Nancy Lockhart be bound out by the overseer of the poor according to law.
Ordered that Patton G. Keen be appointed guardian of Sarah, Absalom, Cynthia and Minerva infant children of Absalom Hurt and who are devisees of William Samples deceased, and thereupon he, together, with John C. Ferguson, Henry D. Smith and Silas B. Hurt his securities entered into and acknowledged a bond in the penalty of One thousand dollars, conditioned, according to law.
Ordered that John G. Herndon be appointed guardian of Mary A. Herndon infant of James H. Herndon deceased, and thereupon he together with James Deskins his security entered into and acknowledged a bond in the penalty of $800.00 conditioned according to law.
Jacob Weddington plaintiff
This day came the plaintiff by his attorney, and it appearing by an affidavit filed in the case that the defendant Price has been duly notified by publication in the South Western Advocate, a paper published at Jeffersonville, VA., and that the defendant Smith has acknowledged service of notice, and they not appearing to gainsay the plaintiffs demands; it is considered, by the court, that he recover against the defendants $284.92 his debt claimed, with interest thereon at 6 per cent per annum from the 1st day of October 1845 to paid and his costs by him in this behalf expended.
Ordered that the court be adjourned till tomorrow morning at 10 Oclock.
John T. Smith
4 Wednesday August 3rd 1853.
Ordered that the following hands work under Calvin T. Field Survey of a precinct of the Mountain Road to open the new part of the road within his precinct as reported by the road commissioner, viz. Hugh D. Ferguson, Jacob Cooper, Andy F. Fields, John Fields junr., Anthony Ferguson Jr., slave Bill, Burdine Farmer, Daniel McCloud Jr, David C. Ferguson, Lewis Edwards, Joel Fields, Andrew Edwards, Brice Edwards, Joseph Fields, William Fields, Mark Price, Michel Fields, Russell Fields, Daniel McCloud Sr., David McCloud, Andrew C. Ferguson, Anthony M. Ferguson, Creed Thompson and William H. Campbell
Jacob Combs, Plaintiff
This day came the plaintiff by his attorney, and it appearing in proof to the Court that the defendants have been legally notified, they were solemnly called, and not appearing, it is considered by the court that the plaintiff recover against the defendants $234.24 the penalty of said bond and his costs by him in this behalf expended, but to be discharged by the payment of $117.72 with lawful interest thereon from the 1st day of May 1853 till paid and the costs; and execution is awarded accordingly
This cause came on to be heard on this 3rd day of August 1853 upon the bill and exhibits filed in cause, the answer of the infant defendants, Wilson, Milly, Biddy, Joel and William Campbell by their Guardian ad litem William Campbell and was argued by counsel, and it appearing that the subpoena in this case, has been duly served on the defendants David Alexander & wife, James H. Campbell, Rachel Campbell as widow of Joel Campbell deceased and in her own right, and they failing to appear and answer the bill the same as to them is taken for confessed, and it further appearing that an order of publication has been duly made and posted against the defendant Jesse Elliott who is not an inhabitant of this Commonwealth and more than one month having elapsed, since the execution of said order, and he still failing to appear and answer the bill the same is as to him also taken for confessed. And it appearing to this court that the complainants is the owner of five individual shares in the land in the
Wednesday August 3rd 1853 5
bill mentioned, and that defendants Alexander & wife, James H. Campbell, and Wilson, Milly, Biddy, Joel and William Campbell, heirs of Joel Campbell deceased are the owners of seven undivided shares or interests in said land, and Rachel Campbell and Jesse Elliott are each of them owners of one undivided share in said land, (there being fourteen shares in all.) It is adjudged, ordered and decreed, that Daniel J. Ayres, Vincent Jesse and Calvin T. Fields, who are hereby appointed Commissioners for that purpose, go upon the land in the bill mentioned, and having regard to quantity and quality, and partition the same as follows, to wit; to complainant five shares or interests; to the heirs of Joel Campbell deceased seven shares or interests, and to Jesse Elliott and Rachel Campbell each one share, and that they make said partition in such manner as will best suit the convenience and interest of all concerned, and that they make report to the next term of this court of their proceedings, to which time this cause is continued.
This cause came on to be heard this 3rd day of August 1853 upon the bill and exhibits filed in the cause, the answer of Henry D. Smith Guardian ad litem for Henry S., Robert A. & Mary J. S. Preston, and was argued by counsel, and it appearing to the Court, that the land in the bill mentioned was divided by the parties interested in the lifetime of Harry Smith but that no conveyance was ever made by him to said complainants; it is therefore adjudged, ordered, and decreed that William B. Aston, who is hereby appointed a commissioner for that purpose, convey to complainant with covenants of special warranty against the claims of himself and his heirs all the right title and interest of the said Henry S., Robert A. And Mary J. S. Preston in the bill mentioned according to the division as made by the parties in the lifetime of said Harry Smith, and that he report his proceedings next term of this Court, to which time this cause is continued.
6 Wednesday August 3rd 1853
This cause came on today to be finally heard on the papers formally read, and it further appearing that the parties have executed deeds of partition pursuant to this former decree of the court in this cause, the same is affirmed.
This suit having remained pending in this court more than a year, without being determined on the motion of the defendant by his counsel, it is ordered it to be removed to the Circuit Court of this County.
It appearing to the Court from the representation of the Sheriff of this County that Moses Goff, Robert Beverly and James Powers free persons of colour have not paid him the taxes and levies imposed on them for the year 1853; it is therefore ordered that he take their persons into his custody if necessary and hire them out according to law to raise the amount assessed upon them respectively.
Ordered that John Addington, Henry Elkins, James Chisenhall, John Baker, Benjamin Salyer, Calvin Perkey, Edmond Hubbard, David Cooper, Griffin Collins, John Bond senr., Lewis Collins, Nelson Kilgore and David Cox be assessed to work under Nathaniel Perry Surveyor of a road.
Ordered that Thomas Wallis, Daniel McFalls and Elias Bennet be assigned to work under James Stanley Surveyor of a road.
Ordered that John C. Lintecum surveyor of the public Road in the Loop procure a sledgehammer and cross bar for keeping said Road in repair, to be delivered by him who may succeed him has surveyor, the cost of which is to be paid him by county levy.
Ordered that Osborn Howell, Joseph Eastep, James Stanley and David Mullins be summoned by the Sheriff to attend here in court at the next September term and bring with them their lists of hands assigned to them as Surveyors of roads, that the court may apportion and divide the hands among them to work on said roads, as the court may consider right, and proper.
Ordered that John Johnson surveyor of a part of New Garden Road, be authorized to procure a sledgehammer and crossbar for constructing said road to be by him delivered to the person who may succeed him in office, the cost of which is to be paid by county levy.
Ordered that Johnson Skeen, James McCoy (son of James) William McCoy, Thomas Trent, James Trent, Harvey Robinett, James Murphy, Charles Bickley, Haburn Bickley, Pleasant H. Wheeler, Robert Wright, William Moore and Grays Aaron be assigned to George H. Gray surveyor of the road to keep the same in repair.
Ordered that Samuel Jessee be added to John Burton's Road list.
Ordered that John Mason, William Dickenson, Robert Lewis, Fielding Meade, Ephraim Skeen, Andrew J. Long and James M. Williams be added to Calhoun Davis' Road list.
Ordered that the following hands be required to work under Thomas Mutter, Surveyor of the road from his house to the Lick branch, viz: Almarine White, William White, Richard Ferrell, William Ferrell, Oscar Ferrell, Larkin Ferrell, Lewis Love, Rees B. Duff, John Brooks, John H. Jackson, Levi Jackson jr., Francis Whited, Isaac Whited, Wesley Price, James Dye, John White, Patton G. Keen, Dave, a slave of same, Hezekiah Patrick, Thomas Payne, David Booth, and William Hess.
Ordered that the following hands be required to work under Henry D. Smith, Surveyor of the road from the Widow Chambers' to Thomas Mutter: Michael, a slave, Elijah, a slave, Sam, a slave, Moses, a slave, Black Abe, a slave, Yellow Abel, a slave, Harvey, a slave, Travis, a slave, George Vermillion, Hugh Chambers, William Vencil (son of William Vencil) James Witt, William Elkins, David Elkins, Richard Elkins, Thomas Elkins, William Lowe, Eli Jackson jr., Thomas Addison and Aug. McNeal.
Ordered that Charles A. Smith construct the road of which he is surveyor, from his pasture gate to his mill, with his slaves Joe, Wesley, Fletcher, Charles and Joshua.
It appearing to the Court that Jonathan W. Wright was improperly charged in the year 1862 with County levy on two tithables, being for two of his sons, one of whom had been released from payment of levies by order of this Court, and the other had not attained the age of 16.
Ordered that David Sturgill, John Creech, Hiram Justice, James J. Justice, Jonathan Hays, Alexander Short, Joseph Short, Isham J. Hall and Benjamin Hubbard, be added to Daniel H. Short's road list.
The Commonwealth vs. James Vicars, Deft. Indt. for Assault
On motion of the Defendant for a continuance of this case, it is ordered that the same be continued till next term at his costs.
The Commonwealth vs. James Stanley, Deft., Indt. for Assault
The Attorney for the Commonwealth by consent of the Court saith he will not further prosecute this case.
Commonwealth vs. John A. Collins, Deft., Indt for neglect of duty as surveyor of a road
8 Wednesday August 3rd 1853
The capias awarded against the defendant at the last term directed to the sheriff of Washington County being returned not executed another capias is awarded returnable here at the next term till when this cause is continued.
The Commonwealth vs. Archibald Hackney Deft Indt. for Assault
The summons awarded against The defendant at the last term being returned executed and he not appearing though solemnly called a capias is awarded against him returnable here at the next term till when this cause is continued.
Commonwealth vs. Jesse Keith Deft. Indt. for retailing ardt. spirits without a license
The Capias awarded against the Defendant at the last term being returned that he is not found, and he not appearing tho solemnly called, another capias is awarded against the defendant returnable here at the next term, till when this cause is continued.
The Commonwealth vs. John A. Mullins and Avy Briant's Defts.
The process awarded against of the Defendants at the last term being returned executed on the defendant Briant, and not on a Deft Mullins, a capias is awarded against them returnable here at the next term, till when this cause is continued.
The Commonwealth vs. Edmund Hubbard Deft., Indt. for Assault
The deft having by his note in writing filed with the papers in the case confessed judgment for a fine of 50 cents and the cost, judgment is entered against him accordingly.
Commonwealth vs Edward Stanley, Deft. Indt. for assault
The summonses in these cases being returned executed and the defendants not appearing tho' solemnly called, it is ordered that capiases be issued against them returnable here at the next term, till when these cases are continued.
Fayette McMullen plaintiff
The defendant by Joseph Stras his Attorney filed a plea to which the defendant made oath, and thereupon it is ordered that the judgment obtained in the Clerk's office be set aside: time is given till the next term for the plaintiff to reply, and the case is till then continued.
Wednesday August 3rd 1853 9
The Defendant by his attorney pleaded payment to which the plaintiff replied generally and put himself up on of the country and the defendant likewise, whereupon it is ordered that the judgment obtained in the Clerk's Office be set aside, and the trial of the issue is continued till the next term.
Isaac Vermilion Sheriff of Russell County presented his account against the Commonwealth amounting to $18.61 for comparing the Senatorial and Congressional polls in June last, which was allowed by the court, and ordered to be certified to the Auditor of Public Accounts.
James P. Carroll Clerk of this Court having appointed James Ellington to act as a deputy for him, the said James Ellington took the oath of fidelity to the Commonwealth, the oath prescribed by the act against duelling an oath to support the Constitution of the United States and the oath of office.
Painter p. Henritze undertakes with the Court and the Court agrees to allow him thirty six dollars to keep the courthouse for the ensuing 12 months, by keeping it properly swept and cleaned, keeping up fires in the stoves when necessary, opening, shutting and securing doors and windows when the building is used for public purposes, providing lights for the court when needed and attending to the courthouse Clerk.
The Justices of the County having been summoned for the purpose & the court proceeding to make up its minutes and account of all claims chargeable on the county it is ordered that the following be allowed:
Amount of claims brought forward $1,324 24 1/2
To pay the above claims, and to satisfy in part, outstanding debts against the county for money borrowed to pay for building the courthouse, it is ordered that two dollars be levied upon and collected by the sheriff from each tithable person in the county, according to the commissioners books for the present year.
Robert Fugate having produced in court the Sheriff's receipt for the payment of a tax of $5.00, he is permitted to keep private entertainment at his house in this County till the next May Term of this Court.
Ordered that William Artrip be appointed Surveyor of the Sand Lick Road, from Childers' Camp, to the Hurricane Fork of Dump's Creek in room of Alexander Sutherland, and that he keep the same and repair with the following tithables, George Smith, Edward Kelly, Elijah Kiser, Jesse Sutherland, Joseph Kiser, Abraham Kiser, Harvey Kiser, John Counts, William Duncan, James Kelly, Jonas Rasnick, John Powers and Alexander Sutherland.
Ordered that the court be adjourned till Court in course.
John T Smith
Final Office Judgments
Thomas C. McCleary and Henry D. Smith late Merchants & partners in trade under the firm and style of Mccleary & Smith, who sue for the benefit of Jesse Browning, plaintiffs
This day came the plaintiff's by their Attorney, and the Deft not yet appearing, it is considered by the Court that the judgment entered in this case in the Clerk's office be made final and that the plaintiffs for the benefit of the said Jesse Browning recover against the Defendant $145.17 the debt in the declaration mentioned with lawful interest thereon from the 14th day of February 1853 till paid, and their costs by them in this behalf expended.
George W. Ramsey & wife Plaintiffs
The plaintiffs having dismissed this case at Rules held in the Clerk's Office, it is ordered that the same stand so dismissed.
Teste, James P. Carrell, C. C.