162              February 6th 1855

At a Court held for Russell County at the Courthouse thereof on the 6th day of February 1855.

Present, John T Smith, Thomas S Johnson and James Cavenger Gent

The following list of Writings admitted to record by the Clerk of this Court since the last Term

A Deed of Trust from John W Honaker to Andrew Williams for land dated and admitted to record the 2d day of January 1855

A Deed of Bargain & sale from Isaac Honaker & wife to Henry D Aston for land dated the 14th of December 1854 and admitted to record the 2d day of January 1855

A Deed of Bargain & sale from Jno. Johnson & wife to Jonathan Honaker for land dated 22d of July 1854 and admitted to record the 2d day of January 1855

A Deed of Bargain & sale from Christopher Frick to Nathan C Burdine  for land dated 25th of July 1854 and admitted to record the 2d day of January 1855

A Deed of Trust from Caleb Browning to Jno. F McElhaney for personal property dated and admitted to record the 2d day of January 1855

A Deed of Trust from Jno. C Boswell to Wm J. Dickenson for personal property dated & admitted to record the 2d day of January 1855

A Deed of Trust from Thos M Banion to Aaron Hendricks for personal property dated & admitted to record the 2d day of January 1855

A Deed of Bargain & sale from Martha G Carrell to Charles Carrell for land dated & admitted to record the 4th of January 1855

A Deed of Bargain & sale from Charles Carrell to Martha G Carrell for land dated & admitted to record the 4th of January 1855

A Deed of Trust from Joseph King to Edward J Culbertson for personal property dated and admitted to record the 5th day of January 1855

A Deed of Trust from Alfred Cox to Jno. F McElhaney for personal property dated 13th of January and admitted to record the 15th January 1855

A Deed of Trust from Wesley Taylor to Jno. F McElhaney for personal property dated 13th of January and admitted to record the 15th

                        February 6th 1855                     163

of January 1855

A Deed of Bargain & sale from Warder's Attorney to Abednigo Kiser for land dated the 1st of January 1855 and admitted to record the 17th day of January 1855

A Deed of Trust from George Howell to Nehemiah Henderson for land dated the 18th of January 1855 and admitted to record the 20th day of January 1855

A Deed of Trust from Samuel & William Henley to Caleb Hawkins for personal property dated the 18th of January 1855 and admitted to record the 22nd day of January 1855

A Deed of Bargain & sale from James Ritchie to Duncan A Kalliard for land dated the 15th  of January 1855 and admitted to record the 23d day of January 1855

A Deed of Bargain & sale from Thomas A Tate & wife to Jno W Lampkin for land dated the 19th of May 1854 and admitted to record the 29th day of January 1855

A Deed of Bargain & sale from Thomas L Preston exor of Sarah B Preston decd & Andw S Fulton senr exor of John H Fulton decd to Saml. Williams for land dated the 28th of December 1829 and admitted to record the 3d day of February 1855

A Deed of Bargain & sale from Samuel Williams to Ralph S Castle for land dated the 14th of December 1854 and admitted to record the 3d day of February 1855

A Deed of Bargain & sale from John Mullins to Jacob Yates for land dated the 14th of December 1854 and admitted to record the 3d day of Feby 1855

Which has been read in court and ordered to be entered on the minutes.

On the motion of James Jackson and William Combs who are bound in this Court as the security of Rachel Stinson Executrix of John Stinson deceased who says that they conceive themselves in danger of suffering thereby: It is therefore ordered that the said Rachel Stinson be summoned to appear here on the first day of the next term and show cause if any she can why she shall not not give the said James Jackson & William Combs counter security executing a new bond or be displaced from her office aforesaid

David C Ferguson   plt

vs     } On a motion on a forthcoming bond

William Browning Vincent Browning and William P Horton  defts

It appearing to the Court that the defendants 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 defendants for the sum of $275.12 But to be discharged by the payment of $137.56 with legal interest thereon from the 6th day of December 1854 till paid and the costs

164                 February 6th 1855

David Vanover   plt

vs     }   On a motion on a forthcoming bond

George Howell Peter Howell  defts

It appearing to the Court that the defendants 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 defendants for the sum of $40.00 But to be discharged by the payment of $23.55 with legal interest thereon from the 6th day of December 1854 till paid and the costs. It is agreed that no execution issue upon this judgment until the first day of the next term

Hardin Dale   plt

vs     }   On a motion on a forthcoming bond

George W Bevens and William W Stallard  defts

It appearing to the Court that the defendants 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 defendants for the sum of $51.17 But to be discharged by the payment of $51.17 with legal interest thereon from the 16th day of September 1854 till paid and the costs. Cr. 1854 Decr. 15th $25.00

Ordered that the following hands be added to the list of James M Smith, an overseer of the road in this County, to wit; Canaan Counts, Preston Rasnick, William Smith, John Counts, Ezekiel Counts, Joshua Counts senr., Joshua Counts, Jr., Nichademus Anderson, and Elias Adkins

Ordered that the same hands assigned to Daniel Hall former overseer of the road in this county, be assigned to James Holbrooks

Ordered that James Holebrooks, an overseer of the road in this County, be authorized to procure a sledge and crowbar for the use of the road and that the expense thereof be levied in the next county levy

Ordered that Robert Wright be appointed surveyor of the road in this county in the room of Martin Fraley jr and that he keep the same in repair with the tithables assigned said Wright

Ordered that the following hands be added to the list of Daniel Prices list, to wit; Lewis Bradley, Egbert Moore, John H Holley, Henry S Holley and Preston White

On the application of Thomas Gibson, and it appearing to the Court by the oath of Joseph Hackney that notice was duly posted at the front door of the Courthouse, it is ordered that Lewis Dickenson, George W Dickenson and John W Honaker being first duly sworn for the purpose do view

                            February 6th 1855                 165

the road from the forks of the road at or near the sulpher spring meeting house to the foot of Moccasin ridge and report to the court in writing truly and impartially whether in their opinion any, and if any what inconveniances will result from discontinuing said road  

On the application of James M Gibson, and it appearing to the Court by the oath of Andrew J Dotson that notice was duly posted at the front door of the Courthouse, it is ordered that Jeremiah T Chase John Wheatley and John Poindexter, being first duly sworn for the purpose do view the road from the Pound to the head of Cumberland, and report to the court in writing truly and impartially whether in their opinion any, and if any what inconveniances will result from discontinuing said road 

On the application of Caleb Griffeth it is ordered that a write of adquod darnum be awarded, directed to the sheriff of this county commanding him to summon and empanel a jury of twelve freeholders of the vicin age not related to either party to meet on the lands of Aaron L Hendricks on the _____ day of ____ next, and that the same with the inquest to be made, in pursuance thereof be returned by the said Shiriff to the next court.

Ordered that the Overseers of the Poor of this County do bind Susan Stewart a free girl of color to Thomas Gibson, requiring him to pay to her the sum of fifty dollars when she arrives at the age of eighteen years.

Ordered that Elihue Skeen be added to Jeremiah Couches' Road list.

Daniel J. Ayers a comr of roads in this County who was appointed by an order of this Court on the 5th day of December last to view a new road from the Moccason road near and east of Joseph C. Fugate's to intersect the said Moccasin road near Isaac B. Fugates senr. made his report which is ordered to be filed. And it is further ordered that Isaac B. Fugate jr. proprietor of the land through which the same is proposed to be conducted, be summoned to appear here on the first day of the next term to show cause if any he can why the said road shall not be established.

Ordered that the Overseers of the Poor of this County do bind George W. and Delila F. Austin children of David Austin to Joshua Redwine till the said Delila F. arrives at the age of eighteen & the said George W. Austin to the Age of twenty one years; the said Redwine paying to each twelve dollars at the expiration of their term of service; the mother of the said children having appeared in Court and giving her assent, & the father having left this Commonwealth.

Ordered that James McJessee be appointed School Commissioner in Dist. NO. ____ in the room of James Wheeler who has removed from said Dist.

Ordered that the following hands be added Martin C. Jessees' road list a surveyor of the road of this County to wit; William Jessee (a son of Geo. L.) Matthias Seslf and George McClanahan.

166                     February the 6th 1855

Ordered that John T. Smith pay to William Perkins a pauper of this County for his support the Sum of ten Dollars as he may need it, & that the same be levied in the next County levy.

Ordered that the following hands be assigned Osborn Howell a surveyor of the road in this County to wit; James Osborn, James Venters, John Ward, Zebedee Poe, George M. Vinters, Anderson Eastep, David C. Phipps, Washington Phipps, Wilborne Phipps, William Whitaker, Wesley Vanover, Wm. Vanover, Wiley Mullins, Thos. Addams, Libbourn Fulton, Isham Mullins, Marshall Mullins jr., Moses Mullins, Crocket Mullins, Hiskel Mullins, Henry Vanover jr., Peter Howell, Cornelius Vanover jr., and Robert Killen.

Henry D Aston   plt

vs     } To try the right of Property

Wm M Lockhart   deft

By agreement of the parties it is ordered that this suit be dismissed at the costs of the defendant.

Morrison & Smith   plts

vs    } On a summons

Henry D Smith & others

The plaintiffs having directed this suit to be dismissed, it is therefore ordered that the same be dismissed accordingly.

Present, Wilson Elliott & Napoleon B Gray Gents

Samuel Osborne, William Osborne, Squire Osborne & David Osborne who were committed to the jail of this County by Aaron H Nash and Joseph Kelly Gent justices on the 27th day of January 1855 for having on the 23d day of said month in said County feloniously and of their malice aforethought attempt to kill and murder one Robert McCoy were led to the bar in custody of the jailor. And James Lee who was bound in a recognizance to appear here on this day appeared in Court in discharge of his said recognizance; and on motion of the attorney prosecuting for the commonwealth in this court, and for reasons appearing to the Court, it is ordered that the warrant be quashed and the prisoners discharged from further prosecution under said warrant

Ordered that Court be adjourned until tomorrow morning at 9 oclock

John T Smith

                       February 7th 1855        167

At a court continued & held for Russell County at the Courthouse thereof on the 7th day of February 1855

Present, John T Smith, Thomas S Johnson and James Cavender Gent

Ordered that Henry S Gibson be appointed surveyor of the road in the room of Jesse Browning and that he keep the same in repair with the tithables assigned said Browning

Squire V Holbrooks who was licensed to keep and ordinary at the last May term of this Court, appeared in Court and agreed that said license may be revoked, therefore it is considered by the Court that his license to keep an ordinary at the place where he now lives be revoked

Ordered that John F McElhaney who is hereby appointed a commissioner for the purpose, do proceed to sell at public auction to the highest bidder on a credit of six months be taken bond and security for the purchase money payable to himself

Daniel J Ayres who was appointed by an order of this Court to view and locate a new road from the Mountain road to the road leading from James M Hansons to Lebanon, made his report and it appearing to the court that the said report is defective - It is therefore ordered that the said report be recommitted to said Ayres

James B Williams    plt

vs     }  Upon a petition to try the right of Property

Thomas Meade & others  defts

By agreement of the parties it is ordered that this suit be dismissed, upon the plaintiff releasing the cow in controversy and paying his own costs, and one half of the costs of the defendants

Henry P Meade plt

vs     }  Upon a petition to try the right of Property

Thomas Meade & others  defts

For reasons appearing to the Court it is ordered that this suit be continued until the 3d day of the next term at the costs of the plt

On the application of James H Dickenson for an alteration of the Castels Woods road from some point on the land assigned to him in the lands which formerly belonged to Archer Jesse decd - to some point on the land of Stephen Banners; it is ordered that Andrew Fraley, George C Gose and Harvey Chapman, being first sworn for the purpose do view the ground along which the said alteration is proposed to be conducted, as well as any other conveniant route for the same, and report to the Court truly and impartially the conveniances and inconveniances the advantages and 

168              February 7th 1855

disadvantages which will result as well to individuals as to the public if such alteration shall be established

Ordered that the Overseers of the Poor of this County do bind David Vanpelt to Felix G Catron to learn the trade of a carpenter

Ordered that Jefferson Jessee be appointed guardian to Jefferson, Samuel H and Simeon Kiser, infant children of Simeon Kiser deceased; and thereupon he entered into and acknowledged his bond in the sum of Two thousand dollars, with Edward D Kernan as his security conditioned as the law directs

James Dickenson & others who were appointed by an order of this Court on the 8th day of August last to view a road from the Castels woods road near Solomon Osborns to the Scott line, and report to the Court whether in their opinion any and if any what inconveniance would result from discontinuing the same made their report which is ordered to lie until the next term

A Settlement of the estate of Martin Lee deceased was returned to Court by the Commissioner and ordered to be recorded

A Settlement of the estate of James W McFarlane decd was returned to Court by the Commissioner and ordered to be recorded

A Settlement of the estate of Simeon Kiser decd was returned to Court by the Commissioner and ordered to be recorded

A Settlement of the estate of William Browning decd was returned to Court by the Commissioner and ordered to be recorded

Ordered that Court be adjourned until Court in course

John T Smith