County Court Law Order Book, 1853, September Term|
Tuesday, September 6th 1853 15
At a Court held for Russell County, at the Courthouse on Tuesday the 6th day of September, 1853
Present. - John T. Smith, presiding justice, and John C. Ferguson and Harvey P. Gibson 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:
An Indenture of bargain and sale for land from Meshach White to Shadrach White, dated the 13th of March 1852, and admitted to record the 2d of August 1853.
A Deed of bargain and sale for land from Isaac Honaker and J. F. MeElhenney to Johnson Owens, dated the 27th of November, 1851, and admitted to record the 2d of August 1853.
A Deed of bargain and sale for land from Charles A. Smith to Henry D. Smith, dated the 9th of July 1853, and admitted to record the 2d of August 1853.
A Deed for a slave from William Horton to Dorinda C. Horton, dated and admitted to record the 2d of August 1853.
Two deeds of bargain and sale for land from John F. McElhenney and Thomas W. Davis to William P. Taylor and the other to Isaac Taylor, dated and admitted to record the 2d of August 1853.
A Deed of Conveyance for land from John F. McElhenney Commissioner to Thompson Combs, dated the 2d of August 1853, and admitted to record the 3d of August 1853.
A Deed of bargain and sale for land from Thomas C. McCleary to Charles Carrell, dated and admitted to record the 6th of August 1853.
A Deed of bargain and sale for land from Harvey G. Kiser to James Kelley, dated and admitted to record the 16th of August 1853.
A deed of trust for land from James Kelley to William B. Aston, dated and admitted to record the 16th of Augusts 1853
Two deeds of conveyance for land from James P. Carrell (a Commissioner) one to David Cowan, and the other to James Deskins, dated and admitted to record the 18th of August 1853.
An Indenture of bargain and sale for land from Peggy Smith to John T. Smith, dated the 163 of April 1853, and admitted to record the 19th of August 1853
A Deed for slaves, from John Alexander to Mary Alexander dated and admitted to record the 22d of August 1853
A Deed of bargain and sale for land from John Alexander to Mary Alexander dated and admitted to record the 22d of August 1853
A Deed of bargain and sale for land from Benjamin H. Warder and others to Thomas J. Riley, dated and admitted to record the 31st of August 1853
An Indenture of bargain and sale for land from James S. Browning to Leonard Shoemaker dated the 27th of July 1847 and
16 Tuesday, September 6th 1853
admitted to record the 31st of August 1853
Ordered that George Darr, Samuel Darr, Jacob Cooper, William Cooper, & Burgess Hurt be assigned, to work under Ezekiel B. Garrett surveyor of a road.
On the application of Caleb Hawkins and Andrew Williams (Ridge) it is ordered that they be exempted from working on roads on account of bodily infirmity.
Ordered that John Suits, Daniel Suits, Stephen Suits and Riley Suits be added to John A. Collins road list.
Ordered that Patton G. Keen be appointed Surveyor of the road from Isaac Johnson's to Silas B. Hurt's gate, and that the following tithables be assigned him: William Clark, Joseph Clark, James Clark Hugh Vencill, Nancy Hurt's slave Jack, William Fowler, Mekin Hurt, Isaac Johnson, James Deskins, Henderson Robbins, James M. Whited, Henry McGraw, Thomas McGraw, Robert Whited, John Robbins.
Silas B. Hurt is to retain the hands on his list to work the Mountain Road.
Ordered that J. C. Fugate be appointed Surveyor of the road leading from the Moccasin Road to the top of Moccasin Ridge, and that John H. Akers, Thomas Akers, James H. Akers, Isaac B. Fugate's Samuel, John W. Burdine, and Burdine's George be assigned to him to keep said road in repair.
Ordered that Henry Vencill be released from acting as an Overseer of the road from the turnpike West of Jas. Vencills to Rees B. Duffs.
On the application of John C. Lintecum for a review and extention of the road from the Henderson place to the Sand Rock Ridge 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 T. Jessee be appointed surveyor of the road to be opened from the top of the Ridge West of Wm. Cumbows to Wm Browning's in room of David Willis and that he clear and construct said road with the tithables on said Willis' list, and with the following tithables, David Willis, Joshua White, Joel Clifton, Thomas Hendricks, Mealon Wolf, George Cumbow, Russell Powers, Christian Wampler and Cummings a slave.
Ordered that John Vanover, Henry Vanover, Henry K. Vanover, Joel D. Long, Levi M. Long, James Bryant, Zebedee Poe, David C. Phipps, Turner Branham, Joseph Eastep, William Sanders, Benjamin Taylor, Joseph Long, Isham Mullins, John Wood, Wm. H. Hendley, Preston M. Phipps, Wilbourn Phipps, George Phipps, George Phipps, Stephen H. Senter, James Case, Robert Fields, Hiram Reed jr., George Reed, Joseph Maney, Pea. Maney, Lewis Stone, Simpson Mullins, Enoch Moore, Annanias Moore, Preston
Tuesday, September 6th 1853 17
Ordered that Michael Strow, George Peck, William Peck, William Wisor, John Wisor, Adam Wisor, William Robinson, Isaac Hess, Charles Hess, Thomas J. Hunt, James Finley, Morgan Finley, Lilbourn Smith, Isaac Fuller, be assigned as tithables to Joseph Smith to open the road of which he was appointed surveyor.
Ordered that Simeon Hunt, William Hunt, James Hunt, Wm. Helton, Elisha Boyd, Edward White, Samuel Cockram, Preston Proffit, Christopher Richardson, William Richardson, Charles Hurt, John H. Boyd, John Richardson, Jackson Samples, Samples' Sam, Joseph Belcher, William Samples, Franklin Samples, John Whitt, Robert Boyd, Madison Boyd, Hugh Johnson, Charles Johnson, James Short, John Short, William Short, James Dye, <s>John Short</s> be assigned to work under Stephen G. Samples surveyor of a road.
Ordered that Eli Fletcher, Milton Fletcher, Jesse Ball, Moses Ball, Robert Ball, Moses Hurt and slave Johnson, Jonathan Hale, Sparrel Hale, William L. Ball, Jonathan Boyd, Joseph Boyd, Thomas W. Davis & Slave, Robert B. Lee, Samuel Burnett, Zadok N. Gardner, and slaves Wilkerson, James, William, and Carper, Isaac Hurt, Jonathan Honaker and Joseph Stump be assigned to work under William L. Ball surveyor of a road.
Richard T. Fields and Fields are ordered to work under John W. C. Campbell surveyor of a road.
Robert Stanley is ordered to work under James Stanley Surveyor of a road.
On the application of Squire V. Holbrook for a new road in this County from the mouth of Lick Creek to the Coal Bank near the low gap, it is ordered that John Holbrook, Squire V. Holbrook and James Wheeler senr. being first sworn before a justice of the peace for the purpose, do view the ground along which the said road is proposed to be conducted, and report to this court truly and impartially the conveniences and inconveniences, the advantages and disadvantages which will result as well to the public as to individuals if said road should be opened as proposed.
Ordered that Reynolds S. Shoemaker be appointed Surveyor of the road from Harvey P. Gibson's to the fork West of James M. Hanson's and that he keep the same in repair with the tithables on said Gibson's list, which he is required to furnish him.
Ordered that Thomas W. Davis one of the Road Commissioners of this County do review that portion of New Garden Road at the turn north of Clinch River on the land of John Thompson, and
18 Tuesday, September 6th 1853
report thereon to this Court at the next Term.
James Osborn, John Mullins, Harman Mullins, Marshall Keel, James Mullins, Kelly Keel, Solomon Mullins (Holly Creek), Philip Fleming, John Fleming senr., John Fleming jr., Marshall Mullins, William Vanover, Wesley Sowards, Jacob Yates, George Stanley, James Eastep, Anderson Eastep, Martin Venters, Joseph Briant, George Holwell and Cornelius Vanover, are ordered to work under Osborn Howell surveyor of a road.
Ordered that John Akers, Aaron H. Garrett and his slave Campbell, and John Alexander's slaves Jacob and Abram do work under Z. Dorton surveyor of a road.
Ordered that John H. S. Fugate review that portion of the road from William Browning's to the road at Carr's Creek, that passes through the land of Napoleon B. Gray, and make such alterations from his former report as he may deem proper, and report the same to this Court.
On the application of Meredith C. Logan, the Court consents that Fullen Hurt a minor child of Burgess Hurt, may be bound to him as an apprentice to said Logan.
Isaac Vermillion Sheriff of Russell County appoints Samuel Horn one of his deputies, and thereupon the Samuel Horn took the oath of fidelity to the Commonwealth, the oath prescribed by the act against deulling, and the oath of office.
William H. Dean produced in Court a Commission from the Governor of this Commonwealth appointing him a Justice of the Peace in the 8th district of the County in place of David Gentry deceased; and thereupon the said William H. Dean took the oath of fidelity to the Commonwealth, an oath to support the Constitution of the United States, the oath prescribed by the act against deulling, and the oath of office.
The following list of tithables was furnished to John T. Smith surveyor of the road from the top of the House and Barn mountain to the turnpike: Jesse Hays, Jesse Vermillion, George Vermillion, Ira Reynolds, Abram Fuller, Beverly J. Fuller, Ira Fuller, James S. Browning, Jesse Browning, Jno. Browning, Harvey Browning, Sam and John slaves of Dr. Smith's, Wilson Cox, Alfred Cox, Wesley Taylor, Henry Hurt jr., Jesse Hubbard, James Hubbard, Fleming Perkins, Madison Breedlove, Charles Breedlove, William Musselwhite, John McFarlane, James McFarlane, James Kindrick, Rolling R. Redwine, Martin D. Snider, Garland H. Robbins, Nimrod Moore, Joseph Redwine.
On the application of William Helton for a mill road from Charles Hurts to Johnson's Mill, it is ordered that Patton G. Keen, Charles Johnson and Charles Hurt, being first sworn before a Justice of the Peace for the purpose, do view the ground
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along which the said road is proposed to be conducted, and report to this Court truly and impartially the conveniences and inconveniences thereof.
On the motion of Thomas W. Davis and Basil Fletcher who made oath and together with Elijah Ferrell and Gabriel Jessee their sureties entered into and acknowledged a bond in the penalty of five thousand dollars conditioned according to law, they are appointed administrators, de bonni non on the estate of Larkin Herndon deceased, with his will annexed.
On the motion of Stephen G. Samples and James M. Cecil who made oath, and together with Henry D. Aaton and Thomas W. Davis his sureties, entered into and acknowledged a bond in the penalty of $3000.00 conditioned according to law, certificate is granted them for obtaining letters of administration on the estate of James Samples deceased, in due form.
Ordered that Silas B. Hurt, Thomas W. Davis, John T. Howard and Zadok N. Gardner or any three of them being first duly sworn for the purpose before a justice of the peace, do appraise in current money the personal estate and slaves of James Samples deceased, and return the appraisement under their hands to the Clerk of this Court for record.
Ordered that Stephen Benner be appointed Guardian of Margaret, John, Mary, and Cowan Jessee infant children of Archibald Jessee deceased; and thereupon he took an oath faithfully to execute the duties of his trust, and entered into and acknowledged a bond in the penalty of $2500, with Isaac Vermillion and James Dickenson his sureties, conditioned according to law.
Zadok N. Gardner is appointed by the Court School Commissioner in the 11th district of this county in place of James Samples deceased.
Augustus W. Aston & Co. Plaintiffs
This day came the plaintiffs by their Attorney, and the defendant being solemnly called and not appearing, it is considered by the Court that the plaintiffs recover against them $18.81 the penalty of said bond to be discharged by the payment of $9.41 with interest thereon from the 14th day of June 1852 till paid and the costs, and execution is awarded.
This day came the plaintiff by his Attorney, and the defendants not appearing though solemnly called, it is considered by the Court that the plaintiff recover against the defendants $6.64 the
penalty of said bond and his costs by him in this behalf expended; but, to be discharged by the payment of $2.32 with lawful interest thereon from the 14th day of June 1852 till paid and the costs, and execution is awarded accordingly.
Charles D. Boyd for the benefit of J. F. McElhenney Applt
On an an appeal from the judgment of Wilson Elliott a justice of the peace for Russell County awarding to the appellee a certain mule Colt levied upon by the appellant
This day came the parties by their Attorneys and the case being fully heard, it is the opinion of the Court that the said judgment is erroneous; therefore it is considered that the same be reversed and annulled, and that the appellant recover against the appellee his costs by him expended as well in defending this warrant in the case as in prosecuting his appeal here.
Samuel W. Aston security for Vincent Jessee administrator of the estate of John T. Cowan deceased, requiring of him additional security and the said Vincent Jessee being in Court and refusing to give other security the said Vincent Jessee is discharged from further action as administrator of said estate.
the following list of tithables is furnished to Cullin Combs surveyor of the road from Jacob Cooks to the New Garden Road near Albert G. Smith's: Isaac Hart, Wm. Crabtree, Thompson Combs, Henry Cook, William Cook, William Jackson, Andrew Jackson, Madison Smith, Wilbourn Lockhart, Samuel Combs, Jacob Gent, William Musick and William Hart.
Ordered that the Court be adjourned till tomorrow morning at 10 Oclock.
John T. Smith.
At a Court continued and held for Russell County at the Courthouse on Wednesday the 7th day of September 1853.
Present - John T. Smith presiding justice, and John C. Ferguson and Harvey P. Gibson, other justices.
Robert Boyd Appellant
This case is continued till the next term at the costs of Appeller.
Charles Williams Appellant
On motion of the Appellant this case is continued till next term at his costs.
William Stanley Appellant
Calhoun Davis Appellant
Charles J. Williams Appellant
Ordered that these cases be continued till the next Term.
Thomas J. Wiley Appellant
This day came the parties by their Attorneys, and the Court after hearing the case doth order that the appeal be dismissed and that the Appellant pay to the Appellee his costs expended in defensing this appeal.
On the Application of William Campbell he is exempted from working on Roads on account of bodily infirmity.
Ordered that John H. Robinson be appointed Surveyor of the Pound Gap Road from the top of Cumberland Mountain to opposite the mouth of Indian Creek in the room of Thomas G. Soward; and that he keep the same in repair with the following tithables: Moses Sowards, William Sowards, Jefferson Sowards, Martin Branham, Tandy Branham, Hiram Justice, Archibald Witt, Joseph Creech, Joseph Short, Adam G. Robinson Wesley Sowards, John B. Branham, Meredith T. Brooks, Jarrett Justice, Alexander Justice, Squire Hall, Andrew J. Sowards, Elias Branham.
Ordered that the following claims be allowed and paid out of the ensuing County levy:
David A. Jessee for patrolling $2.66
22 Wednesday, September 7th 1853.
William A. Harrison for patrolling for Boyd $.75
Ordered that Isaac Vermillion Sheriff of this county be allowed his account of $4.00 for executing a Writ of Ad quod damnium on the lands of Jacob Rasnick where a road is located, to be retained by him out of the present year's county levy.
Isaac Vermillion Sheriff of Russell County presented his Acct against the Commonwealth for $1.00 for arresting Samuel Jameson charged with passing counterfeit money and made oath thereto which is allowed by the Court and ordered to be certified to the Auditor of public accounts.
Isaac Vermillion Sheriff of this county and William N. Leece one of his deputies returned to the Court lists of Insolvents in the County Levy of 1852, which are allowed by the Court.
A Settlement of the administration accounts of Elijah Ferrell and Emery Thompson on the estate of Jacob Fuller decd;
A Settlement of the executorial accounts of Silas B. Hurt on the estate of James P. Hurt, deceased;
A Settlement of the administration accounts of Silas B. Hurt on the estate of James H. Herndon, deceased;
A Settlement of the executorial accounts of Robert Johnson on the Estate of William Browning deceased;
A Settlement of the Executorial Accounts of Edward D. Kernan on the estate of John Kiser, deceased;
A Settlement of the administration accounts of George Cowan on the estate of John Burk deceased; and,
A Settlement of the administration accounts of Robert Fugate on the estate of Robert Dickenson deceased,
Were reported to the Court, and there being no exceptions taken to any of them, it is ordered that they be recorded.
Ordered that the Clerk of this Court be requested to procure for the use of Justices of the Peace of this County 20 half bound books for Judgment dockets, properly ruled and lined for the purpose.
Ordered that the Court be adjourned till court in course.
John T. Smith