46             Tuesday December 6th 1853.

 

At a Court held for Russell County, at the Courthouse on Tuesday the 6th day of December 1853

 

Present - John T. Smith, presiding justice, and Andrew Williams & Jefferson Jessee other justices

 

The following list of Writings admitted to record by the Clerk of this Court in his Office, since the last term, was read in Court and ordered to be entered on the minutes.

 

A Deed of bargain and sale for land from Harry D. Smith to Jackson Mutter, dated the 5th of September 1853, and admitted to record the 8th of November 1853.

 

A Deed of bargain and sale for land from John Ball to William L. Ball, dated the 22nd of April 1853, and admitted to record the 8th of November 1853.

 

A Deed of bargain and sale for land from Isaac Fuller and wife to James H. Mutter, dated the 18th of June 1852, and admitted to record the 8th of November 1853.

 

An Indenture of bargain and sale for land from Hiram Owens and wife to Daniel E. Price, dated the 5th of November 1853, and admitted to record the 8th of November 1853.

 

An Indenture of bargain and sale for land from Jeremiah Couch to John Couch, dated the ______ day of _____ 1853, and admitted to record the 8th of November 1853.

 

A Deed of bargain and sale for land from Samuel M. Smyth and wife to John Benner, dated the 17th of October 1853, and admitted to record the 8th of November 1853.

 

A Deed of bargain and sale for land from Stephen Taylor to William Taylor, dated the 24th of September 1853, and admitted to record the 8th of November 1853.

 

A Deed of bargain and sale for land from John W. Price and wife to James D. Thomas, dated the 27th of October 1853, and admitted to record the 8th of November 1853.

 

A Deed of bargain and sale for land from William Pippen and wife to Samuel Phelps, dated the 27th of October 1853, and admitted to record the 8th of November 1853.

 

An Indenture of bargain and sale for land from Thomas Gibson & wife and wife to John W. Honaker, dated the 31st of January 1853, and admitted to record the 8th of November 1853.

 

An Indenture of bargain and sale for land from Peggy Smith to John Herndon, dated the 24th of September 1853, and admitted to record the 8th of November 1853.

 

A Deed of bargain and sale for land from Isaiah Fuller and wife to Abel Alderson, dated and admitted to record the 9th of November 1853.

 

An Indenture of bargain and sale for land from George Gose to George C. Gose, dated the 10th of February 1853, and admitted to record the 9th of November 1853.

 

 

 

 

 

                       Tuesday December 6th 1853.             47

 

A Deed of bargain and sale for land from William J. Dickenson (a commissioner) to John Smith, dated and admitted to record the 12th of November 1853.

 

A Deed of Trust for personal property and an improvement on land from Matthew Robinett to William J. Dickenson, dated and admitted to record the 17th of November 1853.

 

A Deed for a town lot from James P. Carrell (a commissioner) to Edward D. Kernan, dated and admitted to record the 26th of November 1853.

 

A Deed of bargain and sale for land from John F. McElhenney and Thomas W. Davis to James Jackson, dated and admitted to record the 26th of November 1853.

 

A Deed of bargain and sale for land from Lewis Bradley and wife to John W. Dorton, dated and admitted to record the 16th of November 1853.

 

Ordered that Daniel Hagey, Samuel Wood, Isaiah Duty and Joel Duty, be added to Frederick Deal's road list.

 

Ordered that the following tithables be directed to work under John Johnson on a part of the New Garden Road: Honaker's Edmund, Christopher Stump, James Compton, Owens Stephens, Alfred Slaughter, John Johnson jr., Henry D. Aston, Richard Steele, Dump Lawson, Isaac Honaker's son Martin.

 

Ordered that the following tithables be added to Nathan T. Meads road list: Jesse Debord, William Debord, Jefferson Jessee & slave Harvey, Dale Carter's Kill and Isaac.

 

Ordered that Reuben Finney be appointed Surveyor of the new road from Reed's Valley road to the top of Copper Ridge in room of W. N. Leece, and that he open the same with the hands assigned to said Leece.

 

Ordered that George W. Hendricks be appointed Surveyor of the road in the room of John T. Jessee, and that he open the same with the hands on said Jessee's list.

 

Augustine F. Shannon having produced to the Court proof of his ordination and of his being in regular communion with the Methodist Episcopal Church, South, as a minister, therein and having given bond in the penalty of $1500.00 with William B. Aston and Henry D. Smith his sureties conditioned according to law, he is therefore authorised to celebrate the rites of marriage between any persons to him regularly applying therefore in this State.

 

Ordered that James Dickenson senr., John Bickley, Robert P. Dickenson and Nathaniel Dickenson be appointed Commissioners to divide among the legal heirs of Henry Fraley decd the lands of which he died seized and possessed, and that they make report thereof to this Court.

 

 

 

 

 

48              Tuesday December 6th 1853

 

Ordered that James Williams be added to the road list of Andrew P. Gibson.

 

On the application of ______ for a road in this County from Archer Jessee's Mill to William Grizzles on Dumps Creek, John H. S. Fugate the road Commissioner to whom said location was referred, having made his report, the Court on consideration thereof doth establish said road, and it appearing to the Court that Joseph Kiser through whose land a portion of said road passes will be entitled to compensation for the additional fencing necessarily imposed on him, the Court doth allow him the sum of $40 for the same to be paid him by County levy. The Court directs that said road be opened 20 feet and be dug and levelled 10 feet and it is ordered that Elijah Sutherland be appointed Surveyor thereof from Archer Jessee's Mill to the ford of Clinch River to be opened on the location with the assistance of the following tithables:

 

Abraham Childers, James Simmerly, Elijah Kiser, Elihu Kiser jr., Jesse Sutherland, Ezekiel Counts jr., Ambrose Hay, John Counts jr., Joshua Counts, Noah Counts, Anderson Hackney, John G. Hackney, Nicodemus Anderson, Jackson Jessee, Nat, a slave of Archer Jessees, Martin Jessee jr., Jefferson Jessee jr., George M. Puckett, George Hicks, Jesse Browning, Charles Jessee, Joseph Jessee, William Jessee jr., George Anderson.

 

Noah Kizer is appointed Surveyor of said road from the river to William Grizzles, and the following tithables are assigned him: Ephraim Kiser, James Kelly, Elam Grizzle, John Kiser, Nimrod Kiser, James Kiser, James Laforce, Elijah Laforce, Jonas Rasnick, Elijah Rasnick jr., John Sutherland, Mountena Sutherland, William Artrip, Harman Artrip, Charles Kiser jr., George Finney, Matthews Lark, William Smith, Joshua Smith, James Smith jr., John Counts jr., Ezekiel Counts, Jesse Grizzle, John Grizzle, William Grizzle, Alexander Sutherland, John Amburgy jr., George Breeding, Samuel Kiser.

 

Ordered that William Combs and John Combs be added to Henry M. Honaker's road list.

 

Ordered that Jackson Rollin, Madison Rollin and William Russell be added to Thomas Cunningham's road list.

 

Ordered that Harvey Taylor be appointed Surveyor of the road in the room of Henderson Mutter, and that he keep the same in repair with the hands on said Mutter's list.

 

Ordered that Thomas Bannion be appointed Surveyor of the road from Sulphur Spring Meeting house to Samuel Honaker's in the room of Thomas Gibson, and that he keep the same in repair with the following tithables: John Honaker, Andrew J. Honaker, John W. Honaker, James Purcell, Mordecai Cross, Asa Cross

 

 

 

 

 

             Tuesday December 6th 1853                  49

 

Ordered that Abraham Fuller, James H. Fuller, George Fuller, Joseph Cox and Lewis Cox be appointed to work under Emery Thompson surveyor of a road.

 

Ordered that Emery Thompson be exempted from working under Elijah Ferrell on the Sandy Road.

 

Jacob Owens     Appellant

vs.   } On an Appeal from a justices judgt.

Ransom Suit     Appellee

 

On motion of the appellee for a continuance of the case, it is ordered that the same be continued till the next term at his costs.

 

On the application of _______________ for a new road in this County from the forks of Castles Run up the left hand fork by Martin Jessees to the top of Copper Ridge, said application is referred to John H. S. Fugate of the Road Commissioners, to view and report thereon according to law.

 

William Vermillion security for Jacob H. B. Miller administrator of the Estate of Elijah Miller decd having required the said Jacob H. B. Miller to give other security for the due administration of said estate, which he failing to do it ordered that his powers be revoked, and thereupon said estate is committed to the hands of Isaac Vermillion Sheriff of said County to administer according to law.

 

For reasons appearing to the Court, it is ordered that Joseph Manor & Hiram Reed be exempted from working on roads.

 

Ordered that Henry S. Edwards for an affray committed in hearing of the Court be required to enter into a recognizance with security in the sum of $50.00 and that he stand committed till said recognizance and security be given.

 

Ordered that Hiram Greer, Wiley Mullins, and Ambrose Mullins be added to John Hall's road list.

 

Ordered that James H. Fuller be allowed the sum of $20.00 to be paid by County levy as a compensation for fencing occasioned by the location of the road through his land heading to Russell's fork of Sandy.

 

On the motion of Edmund Hubbard who produced in Court the Sheriff's receipt for the payment of a tax of $12.50, he is authorised to keep an Ordinary or house of public entertainment at his home in this county till the next May Term of this Court.

 

On the application of Thomas J. Riley for a review of certain alterations heretofore ordered to be made on the road lately located through his land in New Garden, the same is referred to Thomas W. Davis one of the Road Commissioners, to view and report thereon according to law.

 

Ordered that Andrew L. Jackson's precinct of the New Garden road be added to the precinct of John T. Howard, and

 

 

 

 

 

50               Tuesday December 6th 1853.

 

that the tithables assigned to said Jackson re required to work under said Howard.

 

This Court certifies that Susannah Riley was the widow of Daniel Riley deceased, that both of them are dead, the said Susannah having died about the 10th of October 1853 and her said husband many years previously, and that Jackson Riley and Thomas J. Riley are the only heirs and children of said Susannah Riley deceased.

 

On the application of Andrew Hendricks for a new road in this County, from the Mountain road to the Abingdon Road near Shadrach Williams' for the convenience of travelling to the Courthouse, John. H. S. Fugate one of the road Commissioners to whom said application was referred having made his report which is approved, it is ordered that James W. Hendricks, Samuel E. Gilmer, Esais Bowman, Dale Carter, Abel Alderson and Shadrach Williams proprietors and tenants of the land through which said road is proposed to be conducted.

 

Ordered that the Court be adjourned till Court in course.

 

John T. Smith