County Court Law Order Book, 1854, November Term

Tuesday November 7th 1854. 133
At a court of quarterly session held for Russell County at the Courthouse on Tuesday the 7th day of November 1854.
Present John T. Smith Presidding justice, Jesse Bartley John H. Isaacks Nathan E. Burdine & Christian Easterly other Justices.
Ordered by the Court that Edward J. Culbertson be appointed Clerk pro tempore of said Court untill a clerk is elected and qualified.
A list of writings admitted to record by the Clerk of the County court of Russell in his Office since October Term 1854.
A Deed of bargain and sale for land from John Gilburn to Charles F. & Abram J. Bond, dated the 23rd of September 1854, and admitted to record the 3rd of October 1854.
A Deed of bargain and sale for land from Jesse Davis to Linkhorn Blevins, dated the 17th of July 1854, and admitted to record the 3rd of October 1854.
A Deed of bargain and sale for land from Charles F. & Abram J. Bond to John Gillum, dated the 23rd of September 1854, and admitted to record the 3rd of October 1854.
A Deed of bargain and sale for land from Samuel Taylor jr to Samuel Taylor senr., dated the 27th of September 1854, and admitted to record the 3rd of October 1854.
A Deed of bargain and sale for land from John D. Alderson to Joseph Combs dated the 30th of September 1854, and admitted to record the 3rd of October 1854.
A Deed of bargain and sale for land from Elizabeth Meade to A. W. & Wm. B. Aston, dated the 4th of October 1854, and admitted to record the 9th of October 1854.
A Deed of bargain and sale for land from Joseph Eastep to Hiram Eastep dated the 5th of October 1854, and admitted to record the 9th of October 1854.
A Deed of bargain and sale for land from Benjamin H. Warder & others to William Clark, dated and admitted to record the 10th of October 1854.
134 Tuesday November 7th 1854.
A Deed of bargain and sale for land from James F. Litton to John Morrison dated the 9th of October 1854 and admitted to record the 10th of October 1854.
A Deed of bargain and sale for land from Daniel Price senr. to David Jessee, dated the 6th of April 1854, and admitted to record the 16th of October 1854.
A Deed of bargain and sale for land from Joseph McReynolds to Harvey Gray dated the 21st of October, and admitted to record the 21st of October, 1854.
A Deed of bargain and sale for land from Jacob Combs to Elixious Musick, dated and admitted to record the 23rd of October 1854.
A Deed of bargain and sale for land from George A. Pruner & wife to John F. McElhaney, dated the 9th of October 1854 and admitted to record the 25th of October 1854.
Ordered that the Election for Clerk of the County Court be held on the 14th day of December, 1854 & that the Same Commissioners & Conductors as heretofore be appointed.
Ordered that the present Clerk pro Tempore furnish poll Books for the election about to be held for County Court & Circuit Clerks.
Ordered that Adam G. Robinson be appointed surveyor of the public road in room of Simon Dotson, The same tithables.
Commonwealth Complt.
vs. } Indictment for an Assault.
Peter Bowman Deft
The Deft by the Consent of the Attorney for the Commonwealth and leave of the Court, Confesses Judgment for the fine of fifty cents and the costs. Therefore it is considered by the Court, that the defendant make his find by the payment of fifty cents and the costs and may be taken &c.
Ordered that David Cooper, Hiram H. Kilgore, William H. Dean, Daniel Hall, John Robenson and George H. Gray be discharged from a rule made against them as overseers of the pound gap road.
On the motion of John D. Alderson who took the oath of admr. prescribed by law and entered into and acknowledged his bond in the sum of two hundred dollars with N. E. Burdine as his his security conditioned as the law directs, a certificate is therefore granted him for obtaining letters of administration on the estate of Andy Harvey deceased in due form.
Ordered that William Frick, Abel Alderson, N. E. Burdine and John W. Dorton or any three of them being first sworn before a justice for that purpose do view and appraise in current money all the personal estate to them presented of Andy Harvey deceased and return such appraisment under their hands signed by the administrator to this Court.
Ordered that Thomas J. Riley be appointed surveyor of the road the third mile mesureing from Honaker's mill on Lewis Creek in room of Gabriel Jesse, the tithables.
Tuesday November 7th 1854. 135
On the motion of William Campbell senr. who took the oath of administration prescribed by law and entered into and acknowledged his bond in the sum of 500$ with Wilson Elliott as his his security conditioned as the law directs, a certificate is therefore granted him for obtaining letters of administration on the estate of Nathaniel Monk deceased in due form.
Ordered that Wilson Elliott, Isaiah Cumbo, & Henry Campbell being first sworn before a justice for that purpose do view and appraise all the personal estate of Nathaniel Monk deceased and return such appraisment under their hands signed by the admr. to this Court.
Henry Samples who being of full age for the purpose appeared in Court and made choice of William Samples as his guardian who was accordingly appointed, and thereupon he entered into and acknowledged his bond in the sum of $800.00 with Ira Reynolds as his security, conditioned as the law directs, which bond is ordered to be recorded.
Josiah Tignor Foreman, Joshua Counts, John Couch, Wilson Evans, Charles C. Dickinson, Jesse Wampler, Zachariah Pippin, William Frick, Hiram Owens, David C. R. Snader, John A. Holland, Martin G. Garrett, John Vincell, Benjamin Chapman senr., Even A. Kindrick and William Stinson who was sworn a grand jury of inquest for the body of the County received their charge withdrew from the bar to consult upon their presentments and after some time returned into court and upon their oath do present An Indictment against Minor Meade for an assault a true bill. And An Indictment against Thomas Jordan for an assault a true bill, and having nothing further to present they are discharged.
John McKinney and James McKinney who were committed to the jail of this County by warrant from N. B. Gray gentleman justice of this County on the 23rd day of October 1854, for having on the 14th day of October 1054 in said County feloniously and of their mallice did kill and & murder James Whitt, were led to the bar in custody of the jailor, and the Court having not fully heard the case it is continued till tomorrow morning nine O'clock.
Ordered that Michael Powers be added to Ruben Fraley's road list.
On the application of John W. Lampkins for an alteration in the road near his house on both sides of the branch, it is ordered that Thomas W. Davis, comr. of roads in this County, do view the ground along which the said road is proposed to be conducted, and report to the Court truly & impartially the conveniences & the inconveniences the advantages & disadvantages which will result as well to individuals as to the public if such road shall be established.
Ordered that William Artrip be appointed surveyor of the road from Reed's Valley Road at Archer Jesse's to Clinch River, in room of Elijah Southerland, with the same hands.
On the motion of George E. Naff who has been licenced to practice the law in the Courts of this Commonwealth, he has leave to practice in this Court, and thereupon he took the oath of Fidelity to the Commonwealth an oath to support the Constitution of the United States, and the oath of an attorney at law.
136 Tuesday November 7th 1854.
Richard Ferrell Appellant
vs. } On an appeal from a Justices Judgment
A. J. Durnel Appellee
By the Consent of parties this cause is continued untill the next term.
Ordered that Court be adjourned till to-morrow morning nine O'clock.
John T. Smith
Wednesday November the 8th 1854.
The last will and testament of James P. Carrell, deceased was exhibited in court and proven by the oaths of Samuel W. Aston & William B. Aston the subscribing witnesses there to, and ordered to be recorded.
And on the motion of Charles Carrell, executor therein named, who made oath thereto and with Henry Dickenson, James Dickenson, William B. Aston and Samuel W. Aston as his sureties, entered into and acknowledged a bond in the penalty of $75,000.00 conditioned according to law certificate is granted him for obtaining a probat of the said will in due form.
This day George W. Candler, Commissioner of the Revenue for the western District of this County for the year 1854, produced an account of his services and the Court having considered that seventy five days were requisite for said Commissioner to perform the services aforesaid beyond fifty days the regular allowance, he is allowed the sum of $150.00 for said services.
Erasmus Mitchell Plt.
vs. } Forcible entry
Henry Dickenson & others Deft.
Charles J. Cummings one of the arbitrators to whom this cause was refered, not attending at the time & place appointed for the arbitration & the parties to the cause having substituted Arther C. Cummings in the stead of Charles J. Cummings, the said Arther C. Cummings & Dale Carter the arbitrators, & G. E. Naff their umpire this day returned an award into court, by which they decided that the pltf. was entitled to the possession of the premises as claimed in the summons and that the Defts. pay to said pltf his costs, whereupon it is considered by the Court that the said pltf recover against the said defts. possession of the two tenements in the summons mentioned, containing together
Wednesday November the 8th 1854. 137
about 20 Acres of land with the appertenances & a writ of habere facias possessionim is a warded to said pltf for said two tenements. It is further ordered that the defts pay to pltf his costs, about the prosecution of this suit expended.
James McKinney & John McKinney who have been committed to jail for the charge of murdering James Whitt was led to the bar pursuant to the adjournment on yesterday. After the examination of various witnesses, and the argument of Attorneys, the court is of the opinion that the said James & John McKinney for the felony aforesaid ought to be tried in the Circuit Court of this County; Whereupon they moved the court to be admitted to bail, the Court refused John McKinney bail and thereupon he is remanded to jail, the Court being of the oppinion that James McKinney ought to be let to bail, whereupon the said James McKinney & Gabriel Jessee of the Court of Russell herein court acknowledged themselves to be indebted to the Commonwealth of Virginia in the sum of two hundred & fifty dollars each to be laid & levied of their respective goods & chattles, lands and tenements for the use of the Commonwealth rendered; Yet upon this Condition that if the said James McKinney shall personally appear before the Judge of the Circuit Court on the first day of the next term to answer an Indictment against him for malicious and unlawful murder and shall not depart thence without the leave of the Court then this recognizance to be void.
William Fletcher, Thos. W. Davis, E. D. Kernan and D. C. R. Snader for Sarah his wife of the County of Russell comes into Court and severally acknowledged themselves indebted to the Commonwealth of Virginia in the sum of $100.00 each of their respective lands and tenements, goods & Chattles to be levied & and to the said Commonwealth for the use thereof to be rendered. Yet upon this condition that if the said William Fletcher, Thos. W. Davis, E. D. Kernan and Sarah Snader shall severally appear before the judge of this County at the Courthouse on the first day of the next spring term to give evidence in behalf of the Commonwealth against John & James McKinney charged with murder & shall not depart thence without leave of the Judge, then this recognizance is to be void.
Jacob Combs, Thomas C. Dye, Jas. H. Fuller, Austin Proffit, William Pinion, Wm. J. Combs, & Gabriel Jessee of the County of Russell comes into Court and severally acknowledged themselves indebted to the Commonwealth of Virginia in the sum of 100$ each of their respective lands & tenements, goods & Chattles to be levied & to the said Commonwealth for the use thereof to be rendered. Yet upon this condition that if the said Jacob Combs, Thomas C. Dye, Jas. H. Fuller, Austin Proffit, William Pinion, Wm. J. Combs, & Gabriel Jessee shall severally appear before the judge of this County at the Courthouse on the first day of the next spring term to give evidence in behalf of John & James McKinney charged with murder & shall not depart thence without leave of the Judge, then this recognizance is to be void.
138. Wednesday November the 8th 1854.
James P. Carrell one of the Commissioners in Chancery for this court having departed this life, It is Ordered that Samuel W. Aston be appointed a Comr. in Chancery for this court.
William P. Horton Appellant
vs. } An Appeal from a justices judgement
John B. Horton Appellee
This day came the parties by their Attorneys, and the original warrant with the judgement of the justice thereon endorced being seen & inspected & evidence heard, it seemes to the Court that there is no error in said judgment. It is therefore considered by the court that the same be Affirmed and that the Appellee recover against Appellant and John G. Duff his security $3.20 cents & his costs expended in defending this appeal.
This day Hiram Howard Comr. of the Revenue for the Eastern District of this County for the year 1854, produced an account of his services & the Court having considered that seventy five days were required for said Commissioner to perform the services aforesaid beyond fifty days the regular allowance, he is allowed his account which is $150.00 for said services and it is ordered to be Certified to the Auditor.
The County Court being of the opinion that some person of good demeanor should be appointed or authorized to solemnize the rites of Matrimony (in District No. 1) It is therefore ordered that William J. Dickenson celebrate the rites of marriage within this County whereupon he is required to give bond &c.
Ordered that Court be adjourned till tomorrow morning nine O'clock.
John T. Smith
Thursday November the 9th 1954.
Present John T. Smith presiding justice, John H. Isaacks & Jesse Bartley other justices.
Edward D. Kernan having been recommended to the Court as a suitable person to solemnize the rites of matrimony in this County it is ordered that he be appointed, whereupon said Edward D. Kernan acknowledged his bond in the of $1500.00 with Thomas C. M. Alderson & Wm. J. Dickenson as his security, conditioned as the law directs.
In the motion of Richard Ferrell for the view of a road from the terminus of the road from Charles Smith's road & leading in the direction of the courthouse passing through my lands and the lands of Duff, as the road formerly run (the old (tract) to an alteration made for Chas. Smith. It is ordered that Henry & John Vincell being first sworn by a justice for that purpose, do view the ground along which the said road is proposed to be conducted, & report to the Court truly & impartially the Conveniences and inconveniences the advantages & disadvantages which will result to individuals as to the public if such road be established.
John N. Dickenson was released of Militia fines by the Court.
Thursday November the 9th 1954. 139
Commonwealth
vs. } for murder.
John McKinney
On the motion of the prisoner the certifies the following evidence Dr. J. T. Smith being sworn says that he has examined John McKinney charged with felony and sent on to the Circuit Court for trial & now in the jail of Russell County and that his physical condition is such that his life will be endangered by confinement in jail untill the next term of the Circuit Court.
Dr. E. D. Kernan being sworn says the same, and in addition thereto that said John has been in a diseased Condition for several years and that Confinement would be very injurious to him.
Dr. William E. Frick being sworn concurs in the opinion that his life would be endangered by confinement in Jail till next spring, all the witnesses examined the prisoner this morning.
The Court certifies that the prisioner is a poor man not worth any thing hardly and they further certify that had the above evidence been offered to them on yesterday, on the prisioners motion to be let to bail they would have bailed him.
Catharine Finney
vs. } On a Warrant for bastardy
William Robenson
This day came the parties by their attorneys and also the deft. in his proper person; and the plaintiff being examined on oath and also various other witnesses on both sides, the Court doth adjudge the defendant to be the father of the pltf's female bastard child which was born on the 9th day of August 1854, and thereupon it is ordered that the defendant pay to the Overseer of the poor of this county for the maintenance of said child the sum of Ten dollars yearly at the end of any year from the birth of said child for the term of seven years from its birth unless it sooner die, and that he enter into bond with one or more sufficient sureties in the penalty of one hundred and seventy dollars conditioned as the law directs, and also he pay his costs by here in this behalf expended. Whereupon the said William Robinson and James H. Fuller, his surety herein Court executed a bond accordingly.
It having been announced to the court that since its last term James P. Carrell has departed this life, and the Court being desirous to express in a public manner their high appreciation of his character as a citizen and and his public worth as an Officer of this Court, have appointed the members of the bar now attending this court a committee to draft resolutions expressive of the same, who offer the following resolutions which are adopted by the court.
Resolved that in the death of James P. Carrell who for many years has faithfully performed the duties of Clerk of this Court, the public has lost one of its most active and efficient servants, the Community one of its most benevolent citizens, and the Church one of its firmest Ministers.
Resolved that we do hereby tender our earnest sympathies to his bereaved widow numerous relatives, trusting that inscrutable Providence
140 Thursday November the 9th 1954.
that has taken him from them and us will make them rich amends in blessings and mercies.
Resolved that we recommend to all who knew him to imitate his virtues and profit by his good examples.
Resolved that these resolutions be entered among the records of this Court, and a copy be furnished by the clerk to the widow of the deceased, and another to the Abingdon Virginian & Democrat for publication.
Commonwealth vs. John C. Harrison Deft On An Indictment Road.
Same vs. David C. Gillenwaters, Deft on An Indict. Assault.
Same vs. Robert A. White Deft On An Indict. Road.
Same vs. Henry Dye Deft On An Indict Assault.
Same vs. Edmond Dickenson Deft On An Indict Assault.
Same vs. Polly Dickenson Deft On An Indict Assault.
Same vs. George Dickenson Deft On An Indict Assault.
On motion of the Attorney for the Commonwealth and reasons appearing to the Court, It is ordered that these causes be be continued till the next term.
Commonwealth vs. James Mays for an Assault.
Same vs. Ambrose Silcox for an disturbing religs worship Indict.
Same vs. James Mays & Patsey Cook for Lewdness an Indict.
The summons awarded in these cases having been returned not executed, It is ordered that a capias be awarded in each of these cases returnable at the next term untill which time these causes are continued.
Commonwealth vs. Ruben Fraley Deft. for an Assault.
Same vs. Lucy Fraley Deft. for an assault.
The Attorney for the Defendants in each of these cases moved the Court to Continue these Causes untill the next term, Whereupon the Court agreed that these causes might be continued till next term for defendants.
Commonwealth Plt.
vs. } Indict for an Assault.
Peter Bowman Deft.
The defendant by the consent of the Attorney for the Commonwealth and leave of the court confessed judgment for the fine of fifty cents and the costs. Therefore it is considered by the Court that the defendant make his fine, by the payment of fifty cents & the costs, and may be taken &c.
Commonwealth vs. Wm H. Collins & Mary White Deft. Indict for Lewdness
This day came the parties by their attorneys, & thereupon came a Jury to wit: Wm. Johnson, Wm. W. Fletcher, Wm. Gilmer jr., Charles Johnson, David Jessee (son of G. L.) Wm. Cooper, Geo. W. Dickenson, Cummings Fletcher, Wm. Bradshaw, Wm. H. Mutter, John W. Honaker and John W. Dorton, who being tried elected & sworn the truth to speak upon the issue joined upon their oaths do say, We of the jury find the defendants guilty an assess their fines to fifty
Thursday November the 9th 1954. 141
dollars each. Therefore it is considered by the Court that the defendants in this case make their fines by the payment of fifty dollars each & the costs & may be take &c.
William Nash vs. Samuel Perry In case.
Geo. W. Hopkins vs. Andy F. Hendricks Guardian &c. In case.
Patton G. Keen for Andy F. Hendricks vs. Augustus W. Aston & Wm. B. Aston In Debt.
Andy F. Hendricks vs. Michael Ascue In case.
Same vs. same In case.
These cases which were refered to arbitrators is refered to the next term, the Arbitrators not having yet made their Ward.
Nathan McKinney vs. Hiskell Mullins In Case.
This case is continued till the next term.
Johnathan Draper Plaintiff
vs. } In debt.
Charles W. Carter Defendants
This day came the plt by his attorney and the Deft. not yet appearing it is considered by the Court, that the judgment obtained in the Clerk's Office be made final, and that the plt recover off of deft $61.00 the debt in the declarations mentioned with interest thereon from the 5th day of July 1843 till paid & his costs by him in this behalf expended.
Credit Nov. 24th 1854 $16.00, May 10th 1844. $8.15, June 13th 1846 $10.00.
Henry & Nathaniel Dickenson plaintiffs
vs. } In debt.
Charles W. and Dale Carter defendants
This cay came the plaintiffs by their Attorney and the defts not yet appearing it is considered by the Court, that the judgment obtained in the Clerk's Office be made final, and that the pltfs recover off of deft $100.00 the debt in the declarations mentioned with interest thereon from the 19th day of November 1847 till paid and their costs by them in this behalf.
David C. Ferguson pltf.
vs. } In debt.
William & Vincent Browning Defts.
This cay came the plaintiff by his Attorney and the defendants not appearing it is considered by the Court, that the judgment obtained in the Clerk's Office be made final, and that the plaintiff recover against the defendants $113.90 the debt in the declarations mentioned with interest thereon from the 5th day of July 1853 till paid and his costs by him expended in that behalf.
Samuel Taylor plaintiff
vs. In debt.
Ancil Ascue Defendants
This cay came the pltf by his Attorney and the defts not yet appearing it is considered by the Court, that the judgment obtained in the Clerk's Office be made final, and that the pltf recover against the defendant $60.00 the debt in the declarations mentioned with interest thereon from the 25th of December 1853 till paid & his costs by him in this behalf expended.
142 Thursday November the 9th 1954.
Robert Boyd for the benefit of Jas. P. Carrell Plaintiff
vs. } In debt.
Ancil & Michael Ascue Defendants
This day came the plaintiffs by his attorney and the defendants not yet having appeared, it is considered by the Court that the judgment obtained in the Clerk's Office be made final and that the plantiff recover against the defendants $175.00 the debt in declarations mentioned with interest thereon from the 1st of September 1854, till paid and his costs by him in this behalf expended.
Alderson & Kernan for the benefit of James P. Carrell plantiffs
vs. } In debt.
Michael Ascue
This day came the plaintiffs by their attorney and the defendants not yet having appeared, it is considered by the Court, that the judgment obtained in the Clerk's Office be made final and that the plantiff recover against the deft $95.61 the debt in the declarationed mentioned with interest thereon from the 28th of August 1853, till paid, and their costs by them in this behalf expended.
Alderson & Kernan for the benefit of James P. Carrell plantiffs
vs. } In debt.
John B. Fickle
This day came the plaintiffs by their Attorney and the defendant not yet having appeared, it is considered by the Court, that the judgment obtained in the Clerk's Office be made final and that the plantiffs recover against the deft $150.85 the debt in the declarations mentioned with interest thereon from the 8th of March 1854, till paid, and their by them in that behalf expended.
Alderson & Kernan for the benefit of James P. Carrell pltfs
vs. } In debt.
Esais Bowman Defendant
This day came the plaintiffs by their Attorney & the deft not yet having appeared, it is considered by the Court that the judgment obtained in the Clerk's Office be made final and that the plantiffs recover against the deft $129.36 the debt in the declaration mentioned, with interest thereon from the 4th of Feby 1853, till paid, and their Costs by them in that behalf expended. Credit July 16th 1852 by Cash $31.00, March 8th 1853, Cast $10.00, Sept 21st 1853 $7.00
James P. Carrell plantiff
vs. } In debt.
Thos. Meade & Geo. W Dickinson Defendants
This day came the plaintiffs by their Attorney & the defts not yet having appeared, it is considered by the Court that the judgment obtained in the Clerk's Office be made final and that the plantiff recover against the defendants $100.00 the debt in the declaration mentioned with interest
Thursday November the 9th 1954. 143
thereon from the 28th day of April 1852, till paid and his costs in this behalf expended. Cr by 50$ this being only 50$ advanced.
This day Thomas W. Davis Constable of Russell County, produced an account of his services to the court, for arresting John & James McKinney charged with murder, and taking the same to Jail &c $6.00, said Davis made oath to said account before a justice of the peace for this County, whereupon the Court allowed said account & ordered it to be certified to the Auditor.
Hiram Dean Appellant
vs. } Appeal from Judgment of a justice.
William Bond Appellee
By agreement of parties these causes are submitted to William Robenson & Skyler Hamilton or their umpire in case of disagreement, & it is further agreed that their decision shall be entered as the judgment of the Court in the Respective cases.
Peggy Smith Complainant
vs. } In Chancery
H. S. Preston & others Defendants
This cause came on the 9th day of November in the year 1854 to be finally heard on the papers heretofore read as well as on the report. H. D. Smith a Commissioner appointed by a former decree to convey the interest of said defendants in the land in the bill mentioned to complainant, who having reported that he had conveyed said land as by said decree he was required. And there being no objection to the same, the same is hereby affirmed.
Hezekiah Vanderpool for &c. Complainant
Vs. } In Chancery.
Henry S. Preston & others Defendants.
This cause came on to be finally heard this 9th day of November in the year 1854 on the papers heretofore read and also upon the report of H. D. Smith a Commissioner appointed by a decree heretofore pronounced to convey to Powers & Newbern the interests of the defendants in the land in the bill mentioned, who having reported that he had conveyed the land as by said decree required the said report is hereby affirmed.
Ordered that Noah B. Bruce be appointed surveyor of the road from Guests' Station up Guests' river to the uper end of Nicholas Horn's fence to keep said road in good repair with the following hands -
Archer Skeen, Stanford L. Jessee, James McJessee, Jonas Powers, Allen W. Powers, Forest M. Powers, David C. Powers, John V. Buchanan, Miles Buchanan, James Buchanan jr., Tivis W. Newberry, Lewis Wilbourn, Jacob Ramey, Daniel Ramey, William Orsbon, John Buchanan jr., Morgan Buchanan, Samuel Hill, Eleanor Hill, William Hill, Harvey Nicewander, Moses (a collered man of John H. Jes), & Randolph Robinett.
Ordered that Nicholas Horn be appointed surveyor of the road from the upper end of said Horne's fence to the River near David Burnes with the following list of tithables to keep said road in good repair, Jessee Horne
144 Thursday November the 9th 1954.
John P. Horn, Samuel Horn, Charles W. Horn, sr., Henry Horn, Stephen Horn, William Horn, William Fruman, Joshua G. Fruman, George Riner, John Riner, Daniel H. Riner, David Ramsey, Even Hopson, Hiram A. Bickley, Charles W. Horn jr.
Ordered that James V. Jones be appointed Surveyor of the road from Hamilton's Corner tree to the river near Prince's flats with the following tithables to keep said road in repair.
Robert S. Hamilton, Jackson Hamilton, Ellis Dean, James Hamilton, Nathan Hamilton, John Hamilton, William Dotson, Hopkins Dotson, Penticost Gardner, Andrew J. Dotson, John Huntsucker, Campbell C. Carter, Granvill Carter, Arthur Wheatley, James Wheatley, John Bond, Franklin Bond, Abram Bond, Linkhorn Blevins, Solomon Salyers, William Beverley, George Beverley, Robert Beverley senr., Robert Beverley jr., Hiram Kilgore, William Belcher.
Ordered that Adam G. Robinson be appointed surveyor of the road from the top of George's Fork ridge to dismal in room of Simon Dotson, and is to keep said road in good repair with the following tithables, Daniel Dotson, Mathew S. Dotson, Nehemiah Henderson, Martin Branham, Tandy Branham, Joseph Briant, John McFalls, Hiram Cantrell, Alex Cantrell, James Cantrell, Sherd Cantrell, Abraham Cantrell, David Short, Wm. McFalls, James Mullins, James Clevinder, Henry Mullins, Russell Mullins, Wm. Mullins, Andy Mullins, David Mullins, Wilson Jullins, Jackson Mullins, Sherd Mullins, John Bice sr., John Bice jr., Robert Bice, Pinkney Vance, Daniel Short, Charles Short, Bucker Short, Sameul Baker & _____ Baker.
Ordered that the following hands be added to David Coopers road list Benjamin Hubbard, Riley Collins, Joseph Addington, Wm. Bond, Johnson Kilgore, Andrew Day, Hiram Dean, Galen Roberts, Henry Elkins, James Chisdall & Levi Pery, Nathan Blevins, David Cox and Calvin Pery.
Ordered that the following hands be added to John Hall's road list, Joseph Church, Hiram Cox, Crocket Cisco, George Francisco, Edmond Hubbard, Franklin D. Cox, Ambers Cox, Greenway Hall, Preston Hall, Robert Haynes, Hiram Grear, Jas. Cox, Alex Wright, Giles Cavender and James.
Ordered that the following hands be added to James Holbrook's road list, Robert Davis, Hazelton Stalard, Matthias Robnett, George Robnett, John Hall, Daniel Hall, Wm. Hall, Enos Derryfield, Silvester P. McGlothlin, Morgan McGlothlin, Israel McGlothlin, Wm. Moore, Flemming Ingle, Beverly R. Dickenson & Jefferson Ingle.
Ordered that Robert Boyd and Jessee Browning furnish the Court with a list of Jurors, to be summitted to the said Court at the next term.
Thursday November the 9th 1954. 145
Allowances to Jurors for the present term payable by the Commonwealth.
Names
Names
William Johnson
1.75
Alexander McFarlane I. V.
1.50
William W. Fletcher
1.75
James W. Hendricks (JB)
1.50
William Gilmer mr.
1.75
Benjamin E. Johnson I. V.
1.50
Charles Johnson
1.75
Peter B. Henritze I. V.
1.50
David Jessee (son of Geo. L)
1.75
Jackson Litton I. V.
1.50
William Cooper
1.75
Rufus Owens S. H.
1.50
George W. Dickinson
1.75
Archer S. Jessee I. V.
1.50
Cummings Fletcher
1.75
Isaiah Cumbo
1.50
William Bradshaw
1.75
Robert B. Vicker S. H.
1.50
William H. Mutter
1.75
William E. Sutton S. H.
1.50
John W. Honaker
1.75
Stephen Banner
1.50
John W. Dorton
1.75
Joseph McFarlane S. H.
1.50
Thos. W. Davis
1.00
Caleb Hawkins
1.50
23.00
19.00
William Jackson Appellant
vs. } An Appeal from a justices judgment
Celia Fraley Appellee
It being suggested by the appellant's Counsel that the Appellee is a nonresident of this state, it is therefore ordered by the Court that unless the said appellee comes forward and gives security for the costs of this suit within sixty days, or some one else for her, the same shall be dismissed.
Ordered that Robert McClintick, Tiller J. Grady, Boyd's (Sam Carrell), James A. Brown, Alexander Lark, S. H. Montgomery, & Wm. B. Aston's Nelson be added to Wm. B. Aston's road list.
John H. S. Fugate Commissioner of roads who was appointed by an order of this court to view and locate a road on the application of John Robenson made his report, and the court having considered said report. It is ordered that the report be established, but not to be opened until further orders of the court.
John H. S. Fugate Commissioner of roads who was appointed by an order of this court to view and locate a road from Guest's Station by Crains next to the Pound, on the application of Matthew Robenson made his report, and the court having considered said report it is ordered that the report be established, said road is to be cut ten feet & cleared twenty.
Ordered that Dunken A. Stalard be appointed surveyor of the road from the Harican Meeting house to Matthew S. Robinsons, to open & keep said precinct of road in good repair with the following tithables, Joseph Fruman, Thos. Dotson, James Richie four hands, Lilbourn Gillum, Henderson A. Dotson, Francis Hutchenson, Elbert S. Henderson, Wm. Holayfield, James Short, David Stalard, Samuel Vanover, Abner Russell, Thos. Hillman, Jesse Davis, Wilson Atkins, Abner Vance, A. J. Dotson, John Hilman,
146 Thursday November the 9th 1954.
James R. Powers & Jeremiah Powers 2 hands.
Matthew Robenson is appointed surveyor of the road from his house to the Holley creek road at David Mullins' bridge to open & said road & keep it in good repair with the following hands.
Samuel Baker, Hickey Baker, Wm. Mullins, Wilson Mullins, Andy Mullins, Basel Mullins, David Mullins, Harvey Mullins, Andrew J. Mullins, Robert Bias, Pinkney Bias, Andy Collins, Lewis Collins, Griffon Collins jr., Griffon Collins senr, Riley Mullins, Thomas Mullins jr, Thomas Mullins senr, & James Vanderpool.
James Stanley is appointed surveyor of the road from John Mullins' meadow to the ford of Longs fork, to keep the road in good repair with the following hands. Ely Vanover, Armstead Elkins, John W. Rose, W. Elkins, E. Beverly, W. Beverly, James Stanley, Marshall Mullins, James Crabtree, Joseph Stanley, Joseph McFalls & Linton Stanley.
Charles Hilbert is appointed surveyor of the road from the ford of Longs fork to Matthew S. Robensons, to keep the road in good with the following hands, E. Bennet, John Bennet, W. M. Scarbery, Robert Rose, William Rose, James H. Beverly, Jackson Lane, Thomas Wallis, Alfred Stanley, Robert L. Stanley, John Stanly & Barnet Boman.
Ordered that Court be adjourned till court in course.
John T. Smith