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County Court Law Order Book, 1854, April Term
76 Tuesday, April 4th 1854 At a Court held for Russell County at the Courthouse on Tuesday the 4th day of April 1854 Present, John T. Smith, presiding justice, and Robert Johnson and Wilson Elliott, other justices. The following list of Writings admitted to record by the Clerk of this Court since the last Term, was read in Court, and ordered to be inserted in the minutes. Three deeds of bargain and sale for land from Benjamin H. Warder, George A. Warder and George V. Bacon by William B. Aston their Attorney, one to Adam Wisor, one to Joseph Todd and the other to Lewis Horton; the two first dated the 6th of March 1854, and the last dated the 7th of March 1854, and admitted to record the 7th of March 1854 A Deed of bargain and sale for land, with mutual covenants, between Mary Long on the one part, and Harvey G. Long on the other part, dated the 12th of August 1853, and admitted to record the 7th of March 1854. A Deed of bargain and sale for land from Thomas J. Riley to Lorenzo D. Fletcher, dated the 4th of February 1854, and admitted to record the 7th of March 1854. A Deed of bargain and sale for land from Fleming B. Jessee and wife to Francis A. Browning, dated the 2d of April 1853, and admitted to record the 7th of March 1854. A Deed of bargain and sale for land from Benjamin H. Warder, George A. Warder and George V. Bacon by William B. Aston their Attorney to James Smith, dated and admitted to record the 8th of March 1854. A Deed of trust for land, from Henry M. Mead to J. F. McElhenny, dated and admitted to record the 8th of March 1854. A Deed of trust for land from John W. Honaker to John P. Dickenson, dated the 8th of March 1854, and admitted to record the 13th of March 1854. A Deed of bargain and sale for land from John. M. C. Mitchell and wife to James P. Carrell, dated and admitted to record the 14th day of March 1854. Three Indentures of bargain and sale for land from John Bays, one to Julia Ann Bays, one to Susanna Grace, and the other to James H. Bays, the two first dated the 7th of March 1854, and the last dated the 8th of March 1854, and the last dated the 8th of March 1854, and admitted to record the 16th of March 1854. A Deed of bargain and sale for land from Martin D. Snyder & wife to John W. Lampkin, dated and admitted to record the 18th of March 1854.
A Deed of bargain and sale for land from George W. Candler & wife to Charles H. Gilmer, dated and admitted to record the 18th of March 1854. An Indenture of bargain and sale for land from John Bays to Joel J. Bays, dated the 8th of March, and admitted to record the 20th of March 1854. A Deed of bargain and sale for land from Charles Carrell to George A. Pruner, dated and admitted to record the 29th of March 1854. A Deed of bargain and sale for land from Andrew. S. Fulton surviving executor of John H. Fulton, to Augustus W. and William B. Aston, dated the 22nd of March 1854, and admitted to record the 1st of April 1854. A Deed of bargain and sale for land from John Gray & wife to Harvey Gray, dated the 4th of March 1854, and admitted to record the 1st of April 1854. James P. Carrell Clerk of this Court having appointed Edward J. Culbertson to officiate as one of his deputies, the said E. J. Culbertson took the oath of fidelity to the Commonwealth, the oath prescribed by the Act against duelling and the oath of office. On the application of Reuben Apperson, it is ordered that he be exempted from payment of County levies on account of age and bodily infirmity. On the application of Andrew B. Mitchell, it is ordered that he be exempted from payment of County levies on account of age and bodily infirmity. Hiram Howard desiring the Court to appoint him an assistant in his duties as Commissioner of the Revenue for the Eastern District of this County, and nominating Beverly J. Fuller as a suitable person for such assistant, he is appointed accordingly, and thereupon he took the oath of fidelity to the Commonwealth, the oath prescribed by the Act against duelling and the oath of office. Ordered that Benjamin C. Bundy be appointed Surveyor Surveyor of that portion of the Fincastle Turnpike from Edward Dorton's to Moll's Creek in room of Robert Vicars, and that he keep the same in repair with the tithables on said Vicars' list. Ordered that Robert Carty, George Dickenson and Samuel Dickenson be added to Thomas Bannion's Road list. Ordered that Christopher Peck be appointed Surveyor of the precinct of the New Garden Road of which Basil Fletcher was surveyor, and that he open and construct said Road with the tithables on said Fletcher's list.
Ordered that William Gragg be appointed Surveyor of the road from the South side of Clinch River to Reed's Valley Road in room of William Gibson, and that he keep the same in repair with the assistance of the following tithables; Andrew Anderson, Jesse Fuller, Noah Counts, Joseph Kelley, John Counts, Harvey G. Long, William Counts, George Anderson, Samuel Anderson, Thomas Carroll, Jesse Fuller jr., and Elihu Kiser. Ordered that Nathan E. Burdine be appointed Surveyor of the road from the fork at said Burdines to the fork of Carr's Creek in room of John A Collins, and that he keep the same in repair with the assistance of the following tithables: Andrew Harvey, John W. Harvey, Lewis Bradley, Robert McNutt, James H. Gibson, William Litton, John Ward, Andrew Statzer, Alfred Boothe, Joshua White, Nathan E. Burdine's slave Edmund, Johnson Suit, Stephen Suit and Riley Suit and John A. Collins. Ordered that Lewis Jones, Garland H. Robbins, William Robbins jr., Fleming Perkins, Isaac Moore, Michael McFarlane, John Taylor, John D. Kendrick, Archibald Sturgeon and Harvey Dye, be added to Wilson Cox's Road list. Ordered that the next meeting of the Overseers of the Poor of this County be held at the Courthouse on the Monday preceding the next June Term of the County Court and that the Sheriff give notice thereof to each individual Overseer. Ordered that Mathias Lee be added to Joseph Smiths road list. For reason appearing to the Court, it is ordered that Isaiah Cumbow surveyor of a road be required to keep his precinct in passable repair only. Ordered that the following tithables be added to Geo. Cowan's Road list: Samuel Whitsell, George Robinson, James Dills, Lafayette Rasnick, Jasper Rasnick, Andrew Dougherty, T. Dougherty, R. Dougherty, Robert Cowan, David Cowan, Bolivar Cowan, George Cowan & slave Alfred. Ordered that George Debord, George McFarlane, Jno McFalane, James Simmerly, Noah Jessee, son of George and William Mead jr. be added to William Jessee's road list Ordered that Thomas Thompson and Alfred Thompson be added to Lewis Viars road list. On application of William Artrip it is ordered that he be exempted from working on roads in consequence of bodily infirmity Ordered that John Amburgy, Samuel Minton, Martin Amburgy and John Hay, be added to George H. Dyer's road list
On the application of Thomas J. Riley for a review of certain alterations heretofore ordered to be made in the road located through his land; Thomas W. Davis to whom the said application was referred, made his report, which, being unfavorable to the proposed alterations, said alterations are not allowed, and the road is ordered to be opened as previously reported. S'd Riley will be entitled to compensation of $26.24 for additional fencing. The following tithables are ordered to work on the road from the main New Garden Road to the upper end of Stephen Fuller's lane, of which James Lockhart is surveyor: Abraham Crabtree, Reuben Herndon, Widow Herndon's two slaves, James H. Compton, Sterling Compton, William Roman, David Owens, Jackson Owens, Martin Sanders, James Wallis, J. H. Fletcher, Isaac Sergent, John Sturgeon and William Ward. On the application of Elias Marshall for a New road in this County from the Castles Woods Road passing said Marshall's house to the line of Scott County; John H. S. Fugate to whom the said application was refered having made his report, and it appearing therefrom that said road will be of much convenience; that the owners and tenants of the land upon which the same is located consent to the opening thereof; It is therefore ordered that the same be established and opened 12 feet wide; that Martin Fraley be appointed surveyor thereof from Sinking Creek to Elias Marshall's house, and that he open the same with the assistance of the following tithables: James Wilbourn, John Kennedy, James Ramey, Martin Fraley jr., Harvey Newman, Ephraim Fraley, Nelson Fraley, William Fraley, John Murphey, George C. Gose, William C. Jackson and slave Randel, Isaac Fraley, Andrew Fraley, John W. Ramsey, James Porter, George Porter, four male slaves of George Gose's, Elias Marshall, Martin Crouce, Stephen Gose jr., James Gose, William M. Gose, George Gose jr., Boon Fraley, John Burton, two male slaves of John Benners, Charles Bickley Haburn Bickley; - That Alexander M. Lee be appointed surveyor, from Elias Marshalls to the head of the hollow near William Moore's old place, and that he open the same with the assistance of the following tithables: William Osborn, Samuel Osborn and male slave, James Lee and male slave, Alexander M. Lee's male slave, David Osborn, and four male slaves of Solomon Osborn, Ichabod Horn, John Smith, James Fraley, Samuel P. Porter, Samuel Porter, Thomas M. Porter, Rufus Hawkins, Green Hawkins, Bluford Hawkins, Daniel Jessee, Stephen Benner and one male slave, John Benner jr., James Talbert, Joseph T. Talbert; That Enoch Vanderpool be appointed surveyor
80 Tuesday, April 4th 1854 from the head of the hollow near William Moore's old place to the line of Scott County, and that he open the same with the assistance of the following tithables: Abner Carty, James Moore, Calvin Moore, Egbert Moore, John Moore, Robert Clark, James Mays, Harvey Mays, Gabriel ______, William Vicars, John Vicars, Samuel Vicars, Peter Vicars, Henry Easterling, Henderson Baker, John Isaacks & son, John Salliers, Charles Salliers, Henderson Hartsock. Ordered that James Wright be appointed surveyor of the road from a sugartree 150 poles below his dwelling house to the Pound Gap Road in room of John Wright, and that John Wright and Ben Jordan do assist him in keeping the same in repair. On the application of Samuel Horn for a new Road in this County from Guest's Station up the North side of Guests' River to intersect the Lee road, for the convenience of travelling, Nicholas Horn, William Freeman, Schyler Hamilton and David Ramsey who had been appointed by an order of this Court to view the ground along which said road is proposed to be conducted, made their report, and it appearing therefrom that a road made as proposed would be of public convenience, and no one objecting, it is ordered that the same be opened 15 feet wide and dug and levelled 10 feet wide. Ordered that John P. Dickenson be appointed surveyor of the road from the Turnpike to Thomas Gibson's drawbars in room of Francis Browning; and that he keep the same in repair with the following tithables; George W. Dickenson, Thos. J. Ruley, Saml. Dickenson, John W. Duncan, Hasken Powers, John W. Honaker, William Powers, William Cooper, James H. Gibson and Thomas Gibson. On the application of Wm. M. K. Browning for a new road in this County from his house to the Moccasin road for the convenience of going to mill and the Courthouse, John H. S. Fugate the Road Commissioner to whom said application was referred, having amended his first report, and it appearing to the Court that said road will be useful, it is ordered that the same be opened; that said Browning be appointed surveyor thereof, and open it with the following tithables: Isaiah Cumbow, Thos T. Hawkins, William Cumbow, George W. Hendricks, Jeremiah Fields and Francis Cumbow, Isaiah Cumbow is allowed ten dollars for putting up gates on his land where the road passes it, the amount at which his damages are estimated by the Road Commissioner.
Tuesday, April 4th 1854 81 On the motion of Valentine Bush who made oath, and together with Isaac Vermillion his surety entered into and acknowledged a bond in the penalty of $200.00 conditioned according to law, certificate is granted him for obtaining administration of the estate of Josiah D. Bush in due form. Ordered that Squire V. Holbrook, John Bickley, Stephen Benner and Jefferson Jessee 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 Josiah D. Bush deceased, and return an Inventory thereof under their hands to the Clerk of this Court for record. Jacob Owens Appellant This day came the parties by their Attornies, and thereupon the original warrant and the said judgment, being seen and inspected, the testimony adduced by the parties and the arguments of counsel heard and considered, it seems to the Court that there is no error in said judgment, therefore it is considered, that the same be affirmed, and that the Appellee recover against the Appellant and Stephen G. Jessee his surety in the appeal $10.50 the amount of said judgment, with damages thereon at the rate of 10 per Centum per annum from its date till paid, and his costs by him in the behalf expended. John D. Burnett Appellant This day came the parties by their Attornies and the warrant and judgment in this case being seen and inspected, the testimony of witnesses and arguments of counsel heard, it seems to the Court that said judgment is erroneous; therefore it is considered that the same be reversed and annulled, and the Court proceeding to give such judgment as the said justice ought to have rendered, it is further considered that the Appellant recover against the appellee $47.60 debt, and costs of the trial before said justice and his costs expended in prosecuting his appeal aforesaid him.
82 Tuesday, April 4th 1854 Peggy Smith Complainant This cause came on to be heard this 4th day of April 1854 upon the bill and exhibits filed in the cause, the answer of Henry D. Smith guardian ad litem for the infant defendants, and was argued by counsel. And it appearing to the Court that the land in the bill mentioned was divided by the parties interested during the life time of Harry Smith but that no conveyance was ever made by the said Harry Smith to said Complainant; it is therefore ordered, adjudged and decreed, that Henry D. Smith who is hereby appointed a commissioner for that purpose, convey to Complainant or to any one she may direct, with covenants of special warranty against himself and his heirs, all the right, title and interest of the said infant defendants, Henry S. Preston, Robert A. Preston, and Mary J. L. Preston to the land in the bill mentioned, according to the division as made by the parties in the lifetime of the said Harry Smith, and that he report his proceedings to this Court at its next term, to which time this cause is continued. George Robinson Complainant This cause came on to be heard this 4th day of April 1854, upon the bill and exhibits filed in the cause, the answer of the Defendants by their guardian ad litem Wm. J. Dickenson and was argued by counsel. And it appearing to the Court that Robert Dickenson the ancestor of the defts was bound to make Complainant a title to one moiety of the lands in the bill mentioned, when the purchase money should be fully paid, and that the same has been paid accordingly; And it also appearing to the Court that Complainant had sold his interest in said land to one Thomas C. McCleary who sold the same to one Samuel Leece; it is therefore adjudged, ordered and decreed, that William B. Aston who is hereby appointed a Commissioner for the purpose, convey to said Samuel Leece with covenants of special warranty against himself and his heirs, the interest of the Defendants in and to the land in the bill mentioned, and that he make report to the next term of this Court, till which time this cause is continued. Abraham Childers Complainant
This cause came on to be heard this 4th day of April 1854 upon the bill and exhibits filed in the cause, the answer of the infant Defendants by William J. Dickenson their guardian ad litem, and was argued by Counsel; and it appearing to the Court that Robert Dickenson the ancestor of said Defendants, was bound to make to complt. a title to one half of the land in the bill mentioned; and it further appearing that the purchase money for the same has been fully paid; it is adjudged, ordered and decreed that William B. Aston, who is hereby appointed a Commissioner for the purpose, convey to Complainant with covenants of special warranty against himself and his heirs, the interest of said infant Defendants in the said land, in the bill mentioned, and that he report his proceedings to the next term of this Court, to which time this cause is continued. It is ordered to be certified by this Court to all whom it may concern, that it approves of the sale of a United States Land Warrant issued to Henry Dickenson and Mary P. Dickenson minor children of Robert Dickenson dec'd private in Capt Harrison's Co., Virginia Militia, War 1812 for Eighty One Acres of the Public Lands, as made by James Dickenson their guardian appointed by this Court, and transferred as by endorsement made by him on said Warrant under date of February 7th 1854. Ordered that the Court be adjourned till Court in course. John T. Smith |
