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County Court Law Order Book, 1854, July Term
106 Tuesday July 4th 1854 At a Court held for Russell County at the Courthouse on Tuesday the 4th day of July 1854. Present John T. Smith presiding justice and Skidmore Munsey & 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. A Deed of bargain and sale for land from William Frick and Margaret V. his wife to Thomas Gibson dated the 4th of December 1853, and admitted to record the 6th of June 1854. A Deed of bargain and sale for land from Warder's Attorney to Moses A. Miller, dated the 5th of June 1854, and admitted to record the 6th of June 1854. A Deed of bargain and sale for land from Warder's Attorney to Thomas W. Davis, dated the 28th of May 1854, and admitted to record the 8th of June 1854. A Deed of bargain and sale for land from Warder's Attorney to James Ball, dated the 8th of June 1854, and admitted to record the 8th of June 1854. A Deed of bargain and sale for land from Warder's Attorney to John Browning, dated the 8th of June 1854, and admitted to record the 8th of June 1854. A Deed of bargain and sale for land from Thomas H. Garrett jr. Vincent Browning, dated the 9th of June 1854, and admitted to record the 9th of June 1854. A Deed of bargain and sale for land from Thomas H. Garrett jr. Mary Browning, dated the 9th of June 1854, and admitted to record the 9th of June 1854. A Deed of bargain and sale for land from John W. Lampkin to Samuel E. Gilmore, dated the 12th of May 1854, and admitted to record the 12th of June 1854. A Deed of gift and bargain and sale for land from James P. Carrell to Charles Carrell, dated the 14th of June 1854, and admitted to record the 14th of June 1854. A Deed of bargain and sale for land from Joel Fields heirs to Harry Smith, dated the 6th of April 1846, and admitted to record the 16th of June 1854. A Deed of bargain and sale for land from David Phelps to Wesley Gilmore, dated the 25th of May 1854, and admitted to record the 23rd of June 1854. A Deed of Trust for personal property from George W. Tysinger to Isaac Vermillion, dated the 17th of June 1854, and admitted to record the 17th of June 1854. A contract for personal property from James Dills to Jacob Rasnick, dated the 22nd of June 1854, and admitted to record the 27th of June 1854.
Tuesday July 4th 1854 107 On the petition of J. W. Wright & others filed in Court to have a new road in this County for a wagon road to be dug and levelled ten feet, commencing at the mouth of Prater at the Sand Lick Road and by Pleasant Bartley's to the top of the dividing ridge between Crane's nest and McClure, and with said Ridge to Henry Adkins' to intersect with the road running to Bull Hill, the application is referred to John H. S. Fugate one of the Road Commissioners, to view and report thereon according to law. Ordered that William Stinson be appointed Surveyor of the road from John Bradshaw's precinct to two miles West in room of James B. Low, and that the same hands be assigned him that belong to said Low's list. Ordered that Francis Lark be allowed $2 for a stone hammer furnished by him to be used in repairing the road from Lebanon to the 2 miles post near Samuel Leeces'. Ordered that the following hands be added to Calhoun Davis' road list: James Purcell, Stephen G. Williams, Richard Williams, Andrew J. Williams and Robert B. Cates. Ordered that James Simmerly be appointed Surveyor of the Reeds Valley Road from opposite Archer Jesse's Mill to the hollow west of Jefferson Jessee's in room of Jefferson Jessee, to be kept in repair with the hands that formerly worked on said road. Ordered that James Gent be allowed $2.00 out of the County levy, for the current year, on account of his having paid that sum on a tithable improperly charged to him for last year. Ordered that Fielding Combs be allowed in this year's County levy the sum of $2 for the levy on a tithable improperly charged to him for last year. Ordered that the following tithables be added to John Mullins' road list: Kelly Keel, William Mullins, John Mullins, Isaac Fleming, William Carty, Preston Mullins, Richard Mullins, Preston M. Phipps and George Phipps. Ordered that John P. Dickenson procure a sledge hammer, to be used on the road of which he is surveyor. Ordered that Lorenzo D. Fletcher procure a crow bar and sledge hammer to be used on the road of which he is surveyor. On the application of Alexander Sutherland for a new road in this County from his house to the road on Dump's Creek it is ordered that Jonas Rasnick, Isaac Vermillion and William Smith 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
108 Tuesday July 4th 1854 impartially the conveniences and inconveniences, advantages and disadvantages which in their opinion will result as well to the public as to individuals, should the said road be opened as proposed. On the application of Robert Fugate who produced the Sheriff's receipt for the payment of a tax of $_____ a license is granted him to keep private entertainment at his house in this county, till the next May Term of this Court. On the application of James W. Hendricks (in behalf of John W. Martin), for a new view for a road from the Mountain Road to the road leading from Lebanon to James Hanson's, said application is referred to Daniel J. Ayres one of the road commissions, with instructions to view as many routes for the same as the owners of the land whose interests may be affected thereby, shall require; and that he report toe Court thereon according to law. Ordered that John Baker be exempted from payment of County levies, including the year 1853, on account of bodily infirmity. Beverly J. Fuller and Samuel Hargis jr are by Isaac Vermillion Sheriff of Russell County recommended to be appointed his deputies, and thereupon they severally took the oath of fidelity to the Commonwealth, the oath prescribed against duelling, and the oath of office. The following tithables are assigned to David Cooper, to work on the road of which he is Surveyor: William Bond jr., Johnson Kilgore, Franklin Cox, Andrew Collins, Joseph Stamper, Giles Cavender, Riley Mullins, Jesse Hubbard, Edmund Hubbard, Charles Addington, Hiram Dean, Andrew Day, Joseph Addington, Riley Collins, Gailen Roberts, James Vanderpool, Nathaniel Perry, David Cox, Calvin Perky, Griffin Collins, Nelson Kilgore, Benjamin Salyer, Shadrach Greer, John Addington, James Chisenhall, and Harvey Hall. Ordered that Edward J. Culbertson be placed on Isaac Vermillion's Road list. Ordered that J. F. McElhenney rent the old jail on the public square to the highest and best bidder, and make report thereof to this Court. Ordered that the following tithables be appointed to work on the road to be opened from Sinking Creek to Elias Marshalls, under William R. Porter Surveyor thereof: Thomas M. Porter, John counts, John Smith, Elias Marshall, John Kenedy, James Wilborn, James Ramey, James Talbert, Martin Fraley jr, Nelson Fraley, George C. Gose and Male Slave, Ephraim Fraley, Harry Newmon, Boon Fraley, Isaac Fraley, John Burton, Fountain Dye, Edward Collins, A. J. Fraley, John Roberson, Sidney Blizzard, William Keeth, Jesse Keeth, Samuel P. Keeth, James Keeth.
Ordered that the following tithables be appointed to work on the road to be opened from Elias Marshall's house to the head of the hollow in the gap near William Moore's old place, under Alexander M. Lee surveyor thereof. James M. Lee and Male slave, A. M. Lee's male slave, four male slaves of Solomon Osborn, George Gose's slaves (four), Charles G. Gose, David Osborn, William Osborn and male slave, Samuel Osborn, Squire Osborn, Johnson Harris, Wm. C. Jackson, William J. Gaine, Stephen Banner and male slave, John Banner jr, George Banner, Andrew Willey jr, four male slaves of John Banner, William E, Lee, Joseph McReynolds, Alexander L. Bratton and Berry B. Banner. Ordered that the following tithables be appointed to work on the road to be opened from the head of the hollow in the gap near Wm. Moore's old place to the Scott line under Enoch Vanderpool surveyor thereof: Abner Carty, Calvin A. Moore, Egbert Moore, John Moore, Gabriel Holmes, James Mays, Harvey Mays, Samuel E. Burk, Henderson Baker, Samuel Jessee, Rufus Hawkins, Green Hawkins, Alfred Hawkins, James Gose, Nathaniel D. Gose, George H. Gose, Henry R. Gose, Daniel E. Jessee, George W. Jessee, Bluford Hawkins, George L. Jessee, David Jessee jr., Armstrong Skeen, Philip Minton, James Moore, Calvin Hawkins. Benjamin Wallis, Vincent Browning, Henry Vincell, Alexander McFarlane, Thomas W. Davis, William Jackson, Simson Dyer, William Sutherland, David H. Jessee, William J. Necessary, George W. Dorton, Charles J. Williams, Elijah Sutherland, William Gragg, Andrew J. Dotson, Samuel Horn, who are duly returned as elected Constables in this County, came into Court, executed their several bonds with security according to law, and severally took the oaths prescribed by law. Thomas J. Richardson, who has been returned as duly elected to serve as Commissioner of the Revenue for the Eastern district of this County for the next two years, and Nimrod Kiser, who has been returned as duly elected to serve as Commissioner of the Revenue for the Western District of this county for the next two years, executed bonds with security according to law, and severally took the oaths appertaining to their office as required by law. Isaac Vermillion Sheriff of this county this day produced before the Court a list of Insolvents in the property tax in the Western District of this County for the year 1853 and made oath thereto: and it appearing that a copy thereof has been posted at the Courthouse door agreeably to law, and the Court being satisfied of the correctness of said list, the same is allowed, and the Clerk is directed to certify a copy thereof to the first Auditor. William N. Leece deputy of Isaac Vermillion Sheriff of Russell County, this day produced before the Court a list of Insolvents in the property tax in the Eastern District of this County for the year 1853 and made oath thereto: and it appearing that a copy thereof has been posted at the Courthouse door agreeably to law, and the Court being satisfied of the
correctness of said list, the same is allowed, and the Clerk is directed to certify a copy thereof to the first Auditor. Isaac Vermillion Sheriff of Russell County and William N. Leece one of his deputies this day returned lists of Involvements in the County levy of 1853, which were sworn to by them and allowed by the Court. George Robinson Complainant This cause came on this 4th day of July 1854, to be finally heard upon the papers heretofore read, as well as upon the report of William B. Aston the Commissioner appointed by a former decree to convey the land in the bill mentioned, and it appearing from said Report that he has conveyed said land as directed by a former decree, and there being no exceptions to said Report the same is hereby affirmed, and it is decreed that the said infant Defendants shall each have six months from and after they shall arrive to the age of twenty-one years, to show cause if any they can against this or any other decree in this case; and it is further decreed that the Complainant pay the costs if this suit. Abraham Childers, Complainant This cause came on to be finally heard on this 4th day of July 1854, upon the papers heretofore read, as well as upon the report of William B. Aston a Commissioner to convey the land in the bill mentioned, and there being no exceptions to said Report the same is hereby affirmed; and six months is given to said infant Defendants after they shall attain twenty one years of age to show cause if any they can against this decree. It is further decreed that Complainant pay the costs of this suit. Archer and John Jessee Complainants This cause came on this 4th day of July 1854, to be finally heard upon the papers heretofore read, and upon the Report of James P. Carrell who by a former decree in the cause was appointed a Commissioner to convey to Complainants the defendants' interest in the lands in the bill mentioned, and there being no exception to said Report the same is affirmed; and six months are allowed the defendants after they severally attain the age of
Tuesday July 4th 1854 111 twenty one years to appear and show cause against the validity of the proceedings of the Court in this suit. And it is ordered that the Complainants pay the Costs of this suit. William Goodwin & wife Complainants This cause came on this 4th day of July in the year 1854 to be heard on the bill of Complainants, the answer of the infant defendants and the exhibits filed, and was argued by counsel; and it appearing that the summons in this cause has been duly served upon the Defendant Susan A. Hurt, and she having failed to appear and answer, the bill as to her is taken for confessed. It is therefore ordered adjudged and decreed, that the assignment of dower heretofore made to the Defendant Susan A. Hurt be set aside, and that Henry D. Smith, John T. Smith and Henry Vincell who are hereby appointed Commissioners for that purpose to go upon the tract of land in the bill mentioned lying in Russell County and lay off and assign to the widow Susan A. Hurt, one full equal third part of said tract including the mansion house as her dower in said tract of land, and as the tract in Washington County appears to have been sold by the executor of James P. Hurt's Will, and no objections having been taken to its sale the same is left undisturbed. And it is further ordered, adjudged and decreed that the Commissioners aforesaid do assign to the said Widow Susan A. Hurt, out of the money for which said tract of land was sold, taking that to be the true value of the land, the full value of one equal third part of said tract of land during her life, as her dower in the same; and that they report their proceedings to this Court at its next term, till when this cause is continued. The administration accounts of Martin Fraley, the admrs on the estate of George Wright deceased was reported to the Court with a certain change made thereon by the Consent of the parties interested, and there being no exception thereto the same is affirmed and ordered to be recorded. The administration accounts of Absalom Elam on the estate William Moore deceased was reported to the Court, and there being no exception thereto the same is affirmed and ordered to be recorded. The administration accounts of Edward D. Kernan on the estate of John Kiser, deceased was reported to the Court, and there being no exception thereto the same is affirmed and ordered to be recorded. Isaac Vermillion Sheriff of this County returned a list of delinquent lands in this County for the year 1853, which was sworn to by him, allowed by the Court and ordered to be certified to the Auditor of public accounts. Ordered that the Court be adjourned till court in courseJohn T. Smith |
