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County Court Law Order Book, 1855, April Term April 3d 1855 183
At a Court held for Russell County at the courthouse thereof on the 3d day of April 1855
Present, John T Smith, Jefferson Jessee and Napoleon B Gray Gent;
The following list of writings were admitted to record by the Clerk of this Court since the last term
A Deed of bargain & sale from Andrew Ferguson senr & wife to Andw C Ferguson Jr. for land dated the 24th of February 1855 and admitted to record the 6th of March 1855
A Deed of bargain & sale from Benjn H Warder & others to Nehemiah Henderson for land dated the 1st of August 1854 and admitted to record the 6th of March 1855
A Deed of bargain & sale from Jno Johnson & wife to Hugh Johnson for land dated the 10th of June 1854 and admitted to record the 6th of March 1855
A Deed of bargain & sale from Andw Williams & others to Shadrick Williams for land dated the ___ day of March 1855 and admitted to record the 6th of March 1855
A Deed of bargain & sale from Jas & Geo McClanahan to Geo W Smyth for land dated and admitted to record the 6th of March 1855
A Deed of Trust from Wm H Chapman to Chas J Cummings for personal property dated & admitted to record the 6th of March 1855
A Deed of bargain & sale from Jas A Duff to John C Harrison for land dated the 30th of Jany & admitted to record the 6th of March 1855
A Deed of Trust from Nehemiah Henderson to Jno F McElhenney for land dated & admitted to record the 7th of March 1855
A Deed of bargain & sale from Wm B Aston trustee to Jos & Jas Kiser for land dated & admitted to record the 8th of March 1855
A Deed of bargain & sale from Danl Hughes & wife to George W Candler for land dated the 23d of Jany 1855 and admitted to record the 10th of March 1855
A Deed of bargain & sale from George W Candler & wife to Geo W Campbell for land dated the 8th of February 1855 and admitted to record the 12th of March 1855
A Deed of Trust from Isaac Fraley to Richard H Lynch for land dated & admitted to record the 17th of March 1855
A Deed of Trust from Jno F McElhenney to Pruner & Gibson for land dated & admitted to record the 28th of March 1855
A Deed of bargain & sale from Geo W McFadden & wife to Joseph & James Kiser for land dated & admitted to record the 29th of March 1855
A Deed of bargain & sale from Jefferson Jessee to Catharine McFadden for land dated & admitted to record the 29th of March 1855
Which has been read in Court and ordered to be entered on the minutes
184 April 3d 1855
Samuel Osborn, Squire Osborn, William Osborn and David Osborn who were bound in a recognizance to appear here on this day to answer a charge of maiming, appeared in court in discharge of their said recognizance, and on motion of the attorney prosecuting for the commonwealth in this, and for reasons appearing to the Court it is ordered that the examination of the case be continued until the first day of the next May term. And thereupon the said Samuel Osborn, William Osborn, Squire Osborn and David Osborn here in open court acknowledged themselves indebted to the Commonwealth of Virginia in the sum of one thousand dollars each and Solomon Osborn acknowledged himself indebted to the Commonwealth of Virginia in the sum of one thousand dollars for each one of them of their respective goods & chattels lands and tenements to be levied and to the use of the Commonwealth rendered upon condition that the said Samuel Osborn, Squire Osborn, William Osborn and David Osborn do each personally appear before the justices of this Court on the first day of the next May term and abide the decision of said Court for feloniously and maliciously caused great bodily injury to one Robert McCoy, and that they will not depart thence without leave of the Court, then this recognizance to be void
Squire V Holbrooks, Thomas D Hale, John W Byars & Joseph Kelly here in Court acknowledged themselves indebted to the Commonwealth of Virginia in the sum of one hundred dollars each of their respective goods and chattels lands and tenements to be levied and to the use of the Commonwealth rendered upon condition that they each personally appear before the justices of this Court on the first day of the next May term to give evidence on behalf of the Commonwealth against Samuel Osborn & others, and that they will not depart thence without leave of the Court, then this recognizance to be void
Squire V Holbrooks for Mary his wife acknowledged himself indebted to the Commonwealth of Virginia in the sum of one hundred dollars of his respective goods and chattels lands and tenements to be levied and to the use of the Commonwealth rendered upon condition that Mary Holbrooks, his wife personally appear before the justices of this Court on the first day of the next May term to give evidence on behalf
April 3d 1855 185
of the commonwealth against Samuel Osborn & others and that they will not depart thence without leave of the court then this recognizance to be void
Organ Dickenson & John Honaker senr here in court acknowledged themselves indebted to the Commonwealth of Virginia in the sum of one thousand dollars each of their respective goods and chattels lands and tenements to be levied and to the use of the Commonwealth rendered upon condition that they each personally appear before the justices of this court on the first day of the next May term to give evidence on behalf of Samuel Osborn & others at the suit of the Commonwealth and that they will not depart thence without leave of the court then this recognizance to be void
On the motion of John F McElhenney who took the oath of an administrator prescribed by law and entered into and acknowledged his bond in the sum of one thousand dollars with Jefferson Jessee and William B Aston as his security conditioned as the law directs. A certificate is therefore granted him for obtaining letters of administration in due form on the estate of Jane V Hackney decd
Ordered that Jefferson Jessee, Ezekiel Counts, Joshua Counts and James Smith or any three of them being first duly sworn for the purpose do view and appraise all the personal estate to them produced by the administrator of Jane V Hackney decd and return such appraisment under their hands signed by the administrator to the Court
The last Will and Testament of James Sykes deceased was produced in Court and proved by the oath of John Sykes and Noah Sykes the subscribing witnesses thereto and ordered to be recorded. And on the Motion of Levi Sykes the executor therein named wo took the oath of an executor prescribed by law and entered into and acknowledged his bond in the sum of Twenty five hundred dollars with Robert Boyd and James F Litton as his securities conditioned as the law directs. A certificate is therefore granted him for obtaining probate of the said Will in due form
Martha Jane and Mary Elizabeth Martin being of full age for the purpose came into Court and made choice of Jacob Minnick as their guardian who is accordingly appointed. And it is ordered that the said Jacob Minnick be appointed guardian to James, Delphia, Matilda and Susan Martin infant children of Sparks Martin deceased, and thereupon he entered into and acknowl-
186 April 3d 1855
edged his bond in the sum of one hundred and twenty dollars with Robert Boyd as his security conditioned as the law directs
Henry P Meade plt vs } Upon a petition to try the right of property Thomas Meade & others defts
This day came again the parties by their attorneys and thereupon came also a jury, to wit: Joseph Necessary, Jeremiah Couch, George Smith, Thomas Davis, William Dickenson, Stephen Jessee, Joel Fields, Felix G Catron, Samuel Hargis, Isaac Q Anderson, Wilson Cox and David C Ferguson, who being sworn diligently to enquire into the right of the property upon their oath do say "We the jury find that the property in controversy is liable to the attachment" Therefore it is considered by the court that the defendants recover the property attached, and that the plaintiff and Charles D Boyd his security pay to the said defts their costs in this behalf expended
Elkhanah Gilly plt vs } On an Attachment William Riddle deft
The plaintiff having obtained an attachment against the estate of the defendant, and the constable having made return that he had levied the same on four boxes of tobacco. This day came the plt by his attorney and the deft being solemnly called but failed to appear, it is considered by the Court that the plt recover against the deft the sum of $38.17 with interest thereon from the 1st day of January 1855 till paid his debt proved to be just and his costs by him in this behalf expended. And it is ordered that the Sheriff make sale of the property attached as the law directs and out of the money arising from such sale, pay and satisfy this judgment to the plaintiff and restore the overplus (if any) to the defendant and return an account of such sale to the Court
Anthony Street plt vs } On a Motion on a forthcoming bond William Robbins & Patton G Keen deft
It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the plaintiff it is ordered that judgment be granted and execution awarded him against the said defts for the sum of $32.81. But to be discharged by the payment of $16.40 1/2 with interest thereon from the 12th day of Jany 1855 till paid & the costs
April 3d 1855 187
Ordered that the following list of hands be assigned William Gibson an overseer of the road in this county, to wit; Peter Skeen, William C Bickley, Daniel Blevins, Thomas Blevins, Aaron H Nash and his boy Nelse, Henry Dickensons hands, Ben, Wils, Wesley and Charles
On the application of Frederick Deal for a bridle way from Andw Owens by Henry Deals to the Tazewell line; it is ordered that Andrew Owens, Jacob Deal, Harvey Deal and James Owens or any three of them being first sworn before a justice for the purpose do view the ground along which the said road is proposed to be conducted as well as any other convenient rout for the same and report to the Court truly and impartially the conveniances and inconveniances the advantages and disadvantages which will result as well to individuals as to the public if such road shall be established
On the application of James M Hanson for an alteration of a road from the sandbank to Brownings Mill it is ordered that Abram Nordyke, Oliver H Frick and Andrew Welch being first sworn do view the ground along which the said alteration is proposed to be conducted and report to the court truly and impartially the conveniances and inconveniances the advantages and disadvantages which will result as well to individuals as to the public if such road shall be established
Thomas J Richardson 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 Thomas W Davis as a suitable person for such assistant he is appointed accordingly and thereupon he took the several oaths prescribed by law
On the application of Andrew Fraley for an alteration of the road from the shallow ford to the lower end of the Walker field it is ordered that George Gose, George C Gose & Stephen Gose being first duly sworn do view the ground along which the said road is proposed to be conducted as well as any other convenient rout for the same and report to the Court truly and impartially the conveniances and inconveniances the advantages and disadvantages which will result as well to individuals as to the public if such alteration shall be established
On the application of Caleb Hawkins it is ordered that Geo W Dickenson, Christian Easterly and Jacob Snider being first sworn for the purpose do view a road from the Turnpike road at the old courthouse to Edmund Dickensons line and report to the Court truly and impartially in writing whether in their opinion any and if any what inconveniance
188 April 4th 1855
would result from discontinuing the same.
Charles Kiser who was by an order of this Court summoned to appear here on this day and shew cause if any he could why a new road lately located by John H S Fugate one of the commissioners of roads in this county on the application of Alexander Sutherland should not be established appeared in Court, and by agreement of the parties, it is ordered that the said road be established as it is now opened from the Dumps creek road on the line between said Kiser and Jonas Rasnick to the corner between the said Sutherland & Kiser
Ordered that Martin Amburgey, John H Childers & Harvey Wampler be added to Wilson Evans road list
Ordered that the precinct of the road of which Jeremiah Couch is surveyor be so altered as to extend from the Creek west of Jefferson Jessees to where Wm P Honaker formerly lived
The Court being of opinion that an alteration in the Reeds Valley road near Jefferson Jessees house would be of conveniance it is therefore ordered that said road be so altered as to run on the upper side of a lot near said Jessees house instead of the lower side as it is now established
Ordered that James Simmerly, Jno H Childers and Harris Hughes be added to Tivis S Jessees road list
Ordered that Court be adjourned until to morrow morning at 10 oClock
John T Smith
At a Court continued & held for Russell County at the Courthouse on the 4th day of April 1855
Present John T Smith, Jefferson Jessee and Napoleon B Gray Gent
Charles Carrell plt vs } On a motion on a forthcoming bond Joel Fields & Calvin T Fields defts
It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the plt judgment is granted and execution awarded him against the said defts for the sum of $39.72. But to be discharged by the payment of nineteen dollars & eighty six cents with legal interest thereon from the 15th day of January 1855 till paid and the costs
Ordered that John H S Fugate be appointed surveyor of the road in the room of Moses Dorton, and that he keep the same in repair with the tithables assigned said Dorton
April 4th 1855 189
Abednego Harris plt vs } On a motion on a forthcoming bond Josephus Ward & Michael Ascue defts
It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the plt judgment is granted and execution awarded him against the said defts for the sum of $16.90. But to be discharged by the payment of eight dollars & forty eight cents with legal interest thereon from the 25th day of January 1855 till paid and the costs
James F Litton for Samuel E Gilmer plt vs } On a motion on a forthcoming bond The Same defts
It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the plt judgment is granted & execution awarded him against the said defts for the sum of $55.46. But to be discharged by the payment of $27.73 with legal interest thereon from the 25th day of January 1855 till paid and the costs
William E Frick for Jesse Browning plt vs } On a motion on a forthcoming bond William Browning & Saml P Fogleman defts
It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the plt judgment is granted and execution awarded him against the said defts for the sum of $14.04. But to be discharged by the payment of $7.02 with legal interest thereon from the 6th day of February 1855 till paid and the costs
Jesse Browning plt vs } On a motion on a forthcoming bond The Same defts
It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the plt judgment is granted & execution awarded him against the said defts for the sum of $67.14. But to be discharged by the payment of $33.57 with legal interest thereon from the 6th day of February 1855 till paid and the costs
A F & A L Hendricks admrs of Aaron Hendricks decd plts vs } On a motion on a forthcoming bond Richard Walden, Andw C Ferguson & Edmund Wyatt defts
It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the plt judgment is granted and
190 April 4th 1855
execution awarded him against the said defts for the sum of $30.06. But to be discharged by the payment of $15.03 with legal interest thereon from the 6th day of February 1855 till paid and the costs
Alderson & Kernan plts vs } On a motion on a forthcoming bond Benjamin F Price & Andrew C Ferguson defts
It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the plts judgment is granted and execution awarded him against the said defts for the sum of $30.44. But to be discharged by the payment of $15.22 with legal interest thereon from the 6th day of Feby 1855 till paid and the costs. Cr 1855 Mch 6th 83c
Same plts vs } On a motion on a forthcoming bond Joel Fields & Calvin T Fields defts
It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the plts judgment is granted and execution awarded him against the said defts for the sum of $21.94. But to be discharged by the payment of $10.97 with legal interest thereon from the 15th day of January 1855 till paid and the costs.
Boyd & Hendricks for Alderson & Aston plts vs } On a motion on a forthcoming bond Josephus Weddle & Michael Ascue defts
It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the plts judgment is granted and execution awarded him against the said defts for the sum of $71.48. But to be discharged by the payment of $35.74 with legal interest thereon from the 25th day of January 1855 till paid and the costs
A F Hendricks plt vs } On a motion on a forthcoming bond Jeremiah Fields, Henry Harmon and Samuel P Fogleman defts
It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the plt judgment is granted and execution awarded him against the said defts for the sum of $7.72. But to be discharged by the payment of $3.86 with legal interest thereon from the 23d day of December 1854 till paid and the costs
April 4th 1855 191
A W Aston plt vs } On a motion on a forthcoming bond Jeremiah Fields, Henry Harmon and Samuel P Fogleman defts
It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the plt judgment is granted and execution awarded him against the said defts for the sum of $12.52. But to be discharged by the payment of $6.26 with legal interest thereon from the 23d day of December 1854 till paid and the costs
A F Hendricks plt vs } On a motion on a forthcoming bond The Same defts
It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the plt judgment is granted and execution awarded him against the said defts for the sum of $11.36. But to be discharged by the payment of $5.68 with legal interest thereon from the 23d day of December 1854 till paid and the costs.
A F & A L Hendricks admrs of Aaron Hendricks decd plts vs } On a motion on a forthcoming bond William Browning & Samuel P Fogleman defts
It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the plts judgment is granted and execution awarded him against the said defts for the sum of $30.50. But to be discharged by the payment of $15.25 with legal interest thereon from the 6th day of Feby 1855 till paid and the costs.
Thomas Hobbs Appellant vs } On an appeal from a judgment of a justice recovered by the Appellee against the appellant on the 18th day of January 1855 for $5.00 with interest from the 18th day of January 1855 till paid and $1.00 costs. Robert Mason Appellee
This day came the parties by their attorneys who being fully heard, it seems to the court that there is no error in the judgment aforesaid. Therefore it is considered, that the same be affirmed and that the appellee recover against the appellant and Abel Alderson the sum of $5.00 with interest thereon at the rate of 10 per centum per annum damages thereon from the 18th day of January 1855 till paid and his costs this behalf expended.
192 April 4th 1855
Edmund Dickenson Appellant vs } Upon an appeal from a judgment of a justice recovered by the Appellee against the Appellant on the 8th day of January 1855 for $16.00 and $3.80 costs. John Cross Appellee
This day came the parties by their attorneys who being fully heard, it seems to the court that there is no error in the judgment aforesaid. Therefore it is considered, that the same be affirmed and that the appellee recover against the appellant and Charles J Williams his security the sum of sixteen dollars with 10 per centum per annum damages thereon from the 8th day of January 1855 till paid and his costs
John Alexander plt vs Wm Johnson deft - Unlawful actn
For reasons appearing to the Court it is ordered that this suit be dismissed at the costs of the plaintiff
Richard Ferrell Appellant vs Wilsus McCoy Appellee - On Appeal
For reasons appearing to the Court it is ordered that this suit be dismissed
Canaan Appellant vs Wm Duncan Appellee - Appeal
For reasons appearing to the Court it is ordered that this suit be continued until the 2d day of next June term at the costs of the appellant
Commonwealth by Wm Jessee Appt vs Jeff Jessee Appee - Appeal Harvey Gray plt vs John F Saddler - Attacht Wm Dean Appt vs Hiram Dean Appee - Appeal
For reasons appearing to the Court it is ordered that this suit be continued until the next term
Elias Marshal appeared in Court on this day by his attorney and moved the Court to quash the report made by John Dickensons & others to view a road from the Castels woods road near Solomon Osborns to the Scott line passing by the house of the said Elias Marshals; and the Court, having fully heard the case is of opinion that the said report ought to be quashed. Therefore it is considered by the Court that the same be quashed.
A list of Insolvents in the property tax in the Eastern District of Russell County for the year 1854 was presented to the Court by Jesse Browning deputy of Robert Boyd sheriff of said County and sworn to by him in open court and it appearing to the Court that a copy therein has been posted at the front door of the courthouse of said county agreeably to law, and the Court being satisfied of the correctness of said list, the same is allowed by the Court and a copy thereof ordered to be certified to the auditor of public accounts
April 4th 1855 193
Two lists of Insolvents in the property tax in the Western District of Russell County for the year 1854 were presented to the Court by Robert Boyd Sheriff of said county and sworn to by him in open court and it appearing to the court that a copy thereof has been posted at the front door of the courthouse of said county according to law, and the court being satisfied of the correctness of the said lists, the same are allowed by the court and copies thereof ordered to be certified to the auditor of public accounts
Burnett & Ferguson appeared in Court by their attorney and asked the court to make a certificate that their storehouse in the town of Lebanon was a fit and proper place for the sale of ardent spirits by retail and the court having fully heard them as well as the attorney prosecuting for the commonwealth in this court, refused to make said certificate
Fileding Isaacks who was by an order of this court summoned to appear here and show cause if any he could why a new road lately located by John H S Fugate one of the commissioners of roads in this county on the application of John Corvin should not be established appeared in court by his attorney and together with John N Dickenson opposed the said road and the court having gully heard the parties, it seems to them that the said road would be of conveniance to the public. It is therefore considered by the court that the said road be established as reported with permission to the proprietors of the land through which it passes to erect gates upon. And on the motion of the said Fielding Isaacks and John N Dickenson two of the proprietors of the land through which the said road passes a writ of ad quod damnum is awarded them directed to the sheriff commanding him to summon and empanel a jury of twelve freeholders of the vicinage not related to either party to meet on the lands of the said John N Dickenson at the intersection of the said road with the castels woods road on the ____ day of ____ of which notice shall be given by the sheriff to said parties which jury after being sworn by the sheriff shall view the lands of the said Isaacks and Dickenson and ascertain what will be a just compensation to each of the propriators for the land of theirs proposed to be taken and for the damage to the residue of their lands beyond the peculiar benefits which will be derived in respe it to such residue from said road
Thomas J Ryley personally appeared in Court and subscribed & made oath to a declaration for the purpose of obtaining a pension due to Susan Rylie with of Daniel Rylie decd a soldier of the
194 April 4th 1855
revolution which is ordered to be certified
On the motion of George C Gose it is ordered that Robert Fugate, Jefferson Jessee and John Bickley being first sworn for the purpose do view a road located and established from the Castels woods road near Solomon Osborne to the Scott line passing by the house of Elias Marshall and report to the Court truly and impartially in writing whether in their opinion and and, if any, what inconveniance would result as well to individuals as to the public from discontinuing the said road
The following are the allowances to jurors for this term payable by the county
Joseph Necessary .50 Joel Fields IB .50 Jeremiah Couch .50 Felix G Catron IV .50 George Smith .50 Samuel Hargis .50 Thomas Davis .50 Isaac G Anderson S H .50 Wm Dickinson .50 Wilson Cox IB .50 Stephen Jessee .50 David C Ferguson IV .50
The court made out and delivered to the Clerk a list containing the names of 200 persons from which selections are to be made of jurors to attend the quarterly term of this Court and the Circuit Court of this County in the manner prescribed by law
Ordered that the Sheriff make sale of the property attached in the case of Thomas Meade & others against Henry M Mead and claimed by Henry P Meade and that he report the proceedings to the Court
William Jackson aged about 55 years and Andrew L Jackson about 47 years of age two respectable persons and entitled to credit personally appeared in court and being duly sworn deposeth and saith that they were well acquainted with Susan Rylie widow of Daniel Rylie decd - and know that she died on the 7th day of October 1853 leaving as her only heirs Thomas J and Jackson Rylie and thereupon it is ordered to be certified that it appears to this Court by legal and satisfactory evidence that the said Thomas J and Jackson Rylie are the only surviving heirs at law of Susan Rylie decd
Ordered that Court be adjourned until Court in course.
John T. Smith
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