County Court Law Order Book, 1854, February Term|
58 Tuesday, February 7th 1854
At a Court held for Russell County at the Courthouse on Tuesday the 7th day of February 1854
Present, John T. Smith, John Dorton and James Buchanan 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 improvements on land and for personalty, from George Howell to Osborn Howell, dated the 11th of August 1853, and admitted to record the 3d of January 1854.
A deed of bargain and sale for land from Daniel Price senr., to Oliver H. Price, dated the 24th of December 1853, and admitted to record the 3d of January 1854.
A deed of bargain and sale for land from Joseph Yates and his wife to Jacob Combs, dated the 25th of April 1853, and admitted to record the 3d of January 1854.
A Deed of bargain and sale for land from Robert Fugate to James L. Long, dated the 16th of July 1852, and admitted to record the 3d of January 1854.
A Deed of bargain and sale for land from Daniel Price senr., to William H. Price, dated the 24th of December 1853, and admitted to record the 4th of January 1854.
A Deed of trust for personal property from Jonathan R. Ward to Valentine Bush, dated and admitted to record the 11th of January 1854.
An Indenture of bargain and sale for land from William Cubine and wife to George W. Candler, dated the 29th of November 1853, and admitted to record the 18th of January 1854
An Indenture of bargain and sale for land from William Necessary and wife to George W. Candler, dated the 6th of January 1853, and admitted to record the 18th of January 1854
A Deed of bargain and sale for land from Isaac Bartley to Harvey Gray, dated and admitted to record the 20th of January 1854.
A Deed of Trust for town lot from David P. Isley to James P. Carrell, dated and admitted to record the 23d of January 1854.
A Deed of Trust for town lot from James P. Carrell (acting as a Commissioner) to Francis Lark, dated and admitted to record the 3d of February 1854.
Two deeds of bargain and sale for land from Warders Attorney, one to Gabriel Jessee and the other to Major A. Fletcher, dated the 3d of February 1854, and admitted to record the 4th of February 1854.
Tuesday, February 7th 1854 59
The last Will and Testament of Edmund Hubbard decd was exhibited in Court and proven by the oaths of John Belcher and Alexander McFarlane two of the subscribing witnesses thereto, and ordered to be recorded: And on the motion of Wilson Cox executor therein named who made oath, and together with Randolph Hubbard his security, entered into and acknowledged a bond in the penalty of three hundred dollars conditioned according to law certificate is granted him for obtaining probat of the said Will in due form.
Ordered that John T. Smith, Rolling R. Redwine, Alexander McFarlane and John Belcher or any three of them being first sworn before a justice of the peace for that purpose, do appraise in current money the personal estate of Edmond Hubbard deceased, and return the appraisement to the Clerk of this Court for record.
Ordered that Simon Dotson be appointed Surveyor of the road from George's Fork Ridge to Daniel Dotson in room of said Daniel Dotson, to be opened 20 feet and dug and levelled 12 feet, and that he open and construct said road with the tithables which were assigned to said Daniel Dotson.
For reasons appearing to the Court, it is ordered that Anderson Hackney, Nicodemus Anderson and John G. Hackney be released from working on the road of which Elijah Sutherland is the surveyor.
Ordered that Charles McKinney, Elias Hicks, Dow Carroll and William Keith be added to David Ring's road list.
Ordered that George Dickenson be added to Holden Davis' road list.
It appearing to the Court that great damage has been been done to that part of the public road of which Isaiah Cumbow is the surveyor by the late rates and freshets, it is ordered that Robert Johnson & William Gilmore junr. surveyors of the adjoining precincts and the tithables heretofore assigned them be required to assist said Cumbow in the repairing said road; and that John Bailey and Fairman Peregin be added to said Cumbows list.
Ordered that Elihu Vermillion surveyor of the turnpike from the 4 mile post to the 6 miles post be authorized to procure the necessary tools for blowing rock in repairing said road to be paid him by County levy.
Ordered that Charles C. J. Dickenson be authorized to procure a sledge Hammer to be used on the road of which he is surveyor, the cost of which is to be paid him by County levy.
Ordered that Napoleon B. Gray be authorized to procure a sledge hammer and crow bar to be used on the road of which he is surveyor, the cost of which is to be paid him by County levy.
60 Tuesday, February 7th 1854
Ordered that Stephen Jessee be appointed surveyor of the road from the top of Copper Ridge to the turnpike in room of Isaiah Burk, and that he keep the same in repair with the tithable persons on said Burk's list.
Ordered that William Salyer be appointed surveyor of the road from Saml. Salyer's house to the line of Scott County in the room of Joab Wilson, and that he keep the same in repair with the tithables on said Wilson's list.
It appearing from a certificate signed by John Isaacks a Justice of the peace on this County that Jane Moore and Easter Moore infants of William Moore deceased have chosen Absalom Elam for their guardian, the said Absalom Elam here in Court with Joab Wilson his security, entered into and acknowledged a bond in the penalty of $200 conditioned according to law.
Ordered that the following tithables be assigned to John Bradshaw surveyor of the road from the line of Tazewell to the next precinct westward: Davis Vencill, Lorenzo D. Vencill, John G. Duff, Ulyes McCoy, Larkin Ferrell, Oscar F. Ferrell, James White, John White, James Runnion, William Nipper, Madison Nipper, William White, Isaac and Henry slaves of Meshack White, William Bradshaw, John Bradshaw, Rees B. Chambers and John Horton.
Ordered that David Cooper be appointed surveyor of the road from the top of Powels Mountain to the Big Lick in room of Nathaniel Perry, and that he keep the same in repair with the following tithables Joseph Stamper, William Bond jr., Johnson Kilgore, Doctor Cox, son of Feral Cox, James Perry, Andrew Collins, Giles Cavender, Riley Mullins, Jere Hubberd, Wesley Perky, Charles Addington, Hiram Dean, Andrew, Day, Joseph Addington, Riley Collins, Galen Roberts and James Vanderpool.
Ordered that the following tithables be assigned to Martin Jessee surveyor of a road: Samuel Jessee, Henderson Baker, George L. Jessee, Daniel F. Danner, Thos. L. Hawkins, Jesse Skeen, Philip Minton, Thomas Austin, David Jessee, James May, Elijah Austin, Armstrong Skeen.
Ordered that Wilson Cox be appointed Surveyor of the road from the 8 miles post to the next precinct eastward in room of Evan A. Kindrick, and that he keep the same in repair with the tithables on said Kindrick's list.
Ordered that Austin Bush be appointed Surveyor of the road from the Stone Gap to Gore's Lick logs in room of Albert G. Clay, and that he keep the same in repair with the tithables on said Clay's list.
Tuesday, February 7th 1854 61
Ordered that Arthur and John Wyatt for committing an affray in hearing and to the disturbance of the proceedings of the Court, be taken to prison by the Sheriff there to be confined till the adjournment of the Court.
On the application of James P. Carrell to discontinue the road from below Lebanon Academy to Little Cedar Creek, Wm. b. Aston, David G. Thomas and George A. Pruner who were appointed by order of Court to view said road & make report to the Court, whether in their opinion, and if any, what inconvenience would result from such discontinuance, this day made report in writing, on consideration of which the court grants the leave to discontinue said road, reserving the right to open it again should it hereafter become necessary to do so.
vs. } On a forth coming Bond.
James Whitt and Robert Boyd, Defendants
This day came the Attorney for the Commonwealth and it appearing in proof that the defendants have been legally notified, they were solemnly called and not appearing to defend this motion, it is considered by the Court that the Commonwealth recover against the Defendant $28.78 the penalty of said bond, and the costs in this behalf expended: But to be discharged by they payment of $14.39 with interest thereon from the 6th day of December 1853 till paid, and the costs; and execution is awarded accordingly.
Present John T. smith presiding justice, John Dorton, James Buchanan, Wilson Elliott & Napoleon B. Gray, other justices
Duff a slave the property of Caleb Hawkins, who stands charged with having on the night of the 24th of January 1854 in County of Russell, feloniously broke and entered a certain still house the property of Dale Carter, not adjoining to or occupied with his dwelling house, and stealing thereupon 25 gallons of brandy of said Carter, was brought into Court by said Hawkins pursuant to the condition of his recognizance entered into for that purpose; whereupon Beverly R. Johnston esqr. was assigned by the Court as his counsel to defend him on the charge aforesaid; and thereupon sundry witnesses being sworn and examined in relation to said charge, it is considered by the Court that the said Duff is guilty of the felony aforesaid; and it is further considered that for said felony he receive twenty five stripes on his bare back, to be forthwith inflicted by the Sheriff.
Emeline Elliott who is of the age of 14 years came into Court and made choice of George W. Vermillion for her guardian which is approved of by the Court, and thereupon the said Geo. W. Vermillion
62 Tuesday, February 7th 1854
with Wilson Elliott his security entered into and acknowledged a bond in the penalty of ten dollars, conditioned according to law.
A Settlement of the administration accounts of Virginia A. Crawford on the estate of James M. Crawford decd:
A Settlement of the administration accounts of Isaac Vermillion on the estate of Micajah Burris decd:
A Settlement of the accounts of Susan A. Hurt, guardian of her infant children:
A Settlement of the administration accounts of Valentine Bush and Marion T. Bickley on the estate of Austin Bush deceased:
A Settlement of the administration accounts of Samuel P. Fogleman on the estate of Barbara Fogleman deceased; and
A Settlement of the administration accounts of Isaac Vermillion on the estate of James P. Rasnick deceased,
Were severally reported to the Court and there being no exceptions thereto, the same are confirmed and ordered to be recorded.
William Gilmore Plaintiff
vs. } On a Complaint for Unlawful Detainer
Fairman Paragin Defendant
The plaintiff not desiring further to prosecute this case, it is ordered that the same be dismissed.
Ordered that the Court be adjourned till Court in Course.
John t. Smith