152           Tuesday January 2nd, 1855.

 

At a Court held for Russell County at the Courthouse on Tuesday January the 2nd 1855.

 

Present, John T Smith, Wilson Elliott and Napoleon B Gray Gent

 

The following list of writing admitted to record by the Clerk of this Court in his Office since the last term was red in court and ordered to be entered on the minutes.

 

A deed of bargain and sale for land from James Colley to Andrew Owens, dated and admitted to record the 5th December 1854.

 

A deed of bargain and sale for land from James Colley & others to James Owens, dated and admitted to record the 5th December 1854.

 

A deed of trust for personal property from Henry Culbertson to John H. S. Fugate dated the 4th decr. 1854 and admitted to record the 5th Decr. 1854.

 

A deed of bargain and sale for land from Briant Breeding to Robert Stinson dated November 8th 1854, and admitted to record December the 4th 1854.

 

A deed of bargain and sale for land from William B. Aston to Thomas C. M. Alderson & Edward D. Kernan, dated & admitted to record December the 8th 1854.

 

A deed of bargain and sale for land from Benjamin H. Warden and others to James Roman, dated & admitted to record Decr. 8th 1854.

 

A deed of bargain and sale for land from Benjamin H. Warden and others to James H. Fuller, dated & admitted to record December 8th 1854.

 

A deed of bargain and sale for land from Benjamin H. Warden and others to John Cook, dated & admitted to record December 12th 1854.

 

A deed of trust for personal property from William Reynolds to Noah W. Counts, dated the 12th day of December 1854, and admitted to record December the 13th 1854.

 

A deed of trust for personal property from John B. Fickle to John F. McElhaney, dated and recorded December the 14th 1854.

 

A deed of trust for land from Same to Same dated the 15th December 1854, and admitted to record December the 18th 1854.

 

A deed from Same and wife for land to Robert M. Fields dated and admitted to record December 18th 1854.

 

A deed of bargain and sale for land from Andrew S. Fulton to James Dickenson, dated the 14th day of November 1854, and admitted to record December the 28th 1854.

 

A Power of an Attorney from John Burk sr. to John Burk jr. admitted to record December 30th 1854.

 

Ordered that William D Wagoner so furnish Abraham Johnston, who is blind and unable to make a support for himself and family, with provisions as he may need it, to the amount of ten dollars, and that the same be levied in the next count levy.

 

Ordered that Robert Boyd who is hereby appointed a commissioner for the purpose, do purchase a sufficient quantity of stove pipe for the use of the Courthouse & that hte same be levied him the next county levy.

 

 

                         

                         

                         January 2d, 1855                   153

                         

On the motion of Richard H Lynch (who was elected Clerk of this Court on the 14th day of last month) who entered into and acknowledged his bond in the sum of Five thousand dollars with Robert Boyd and Wm B Aston as his security conditioned as the law directs, and thereupon the said Lynch took the several oaths prescribed by law, to wit; the oath of fidelity to the commonwealth, the oath to support the constitution of the United States, the oath against duelling and the oath of office.

 

A remuneration by Martha G Carrell widow of James P Carrell deceased of the provisions made for her by the Will of her late husband, was proved in Court by the oath of William E Frick and N B Gray the subscribing witnesses thereto and ordered to be recorded.

 

Ordered that Robert Fugate Dale Carter and Samuel W Aston or any two of them do lay off and assign to Martha G Carrell her dower in the land and slaves of her late husband James P Carrell deceased, in this County, and make a report thereto to the Court.

 

Ordered that Robert Boyd Vincent Browning Samuel W Aston and Thomas D Boyd or any three of them after being first duly sworn for the purpose do view and appraise all the personal estate and slaves to them produced of James P Carrell deceased and return such appraisement under their hand signed by the executor to the Court.

 

On the motion of John C Gibson who took the oath of an administrator prescribed by law and entered into and acknowledged his bond in the sum of Eight hundred dollars with George W Candler and Thomas Gibson as his securities conditioned as the law directs, A Certificate is therefore granted him for obtaining letters of administration on the estate of Charles C Gibson deceased in due form.

 

Ordered that William Johnson, David Jessee (son of David) John Dorton and Joab Wilson or any three of them being first duly sworn for the purpose do view & appraise all the personal estate and slaves to them produced of Charles C Gibson deceased, and return such appraisement under their hand signed by the administrator to the Court.

 

This day George W Candler and Hiram Howard each produced accounts for their services as commissioners of the revenue, and the Court have considered that seventy five days were requisite for the said commissioners to perform the same - The said claims having been improperly certified at the last November court

 

 

 

 

 

 

154                       January 2d, 1855 

 

 

Isaac W M Davis jailor of this County produced an account against the commonwealth and made oath thereto amounting to sixteen dollars for dieting James & John McKinney and imprisioning & releasing them, charged with murder which was inspected by the court allowed and ordered to be certified to the auditor of public accounts.

 

Edward J Culbertson clerk protem of this Court produced an account against the commonwealth and made oath thereto amounting to the sum of seven dollars for attending an examining court of James & John McKinney charged with murder which was examined by the court allowed and ordered to be certified to the auditor of public accounts.

 

Edward J Culbertson clerk protem of this Court produced an account against the commonwealth and made oath thereto amounting to the sum of ten dollars for entering and certifying militia fines to the auditor which was examined by the court allowed and ordered to be certified to the auditor of public accounts.

 

William Johnson    plt

vs      } On a Motion on a forthcoming bond.

Richard Ferrell & Harvey Gray   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 plaintiff it is ordered that judgment be granted and execution awarded him against the said defendants for the sum of $114.76. But to be discharged by the payment of Fifty eight dollars and thirty eight cents with legal interest thereon from the 18th day of October 1854 till paid and the costs.

 

Richard Ferrell  Appellant

vs     } On an appeal from a judgment of John T Smith Gent, recovered on the 21st day of October 1854 by the Appellee against the Appellant for the sum of $33.26 with interest from the 21st day of October 1854 till paid & $2.00 Costs

Andrew J Durnel

 

This day came the parties by their attorneys, and the court having fully heard the cases, it seems to the court that the said judgment is erroneous. Therefore it is considered by the Court that the same be reversed and annulled. And the Court proceeded to give such judgment as ought to have been given, it is further considered by the Court that the Appellee recover against the Appellant and Michael Ascue his security the sum of seven dollars and seventy six cents with legal interest from the 21st day of October 1854 till paid and his costs

 

 

 

 

                       January 2d, 1855                155

                       

                       

Hiram Dean   Appellant

vs      } On an appeal from a judgment of Jas. Cavender Gent, recovered on the 11th day of March 1854 by the Appellee against the Appellant for the sum of $12.40 with interest from the 25th day of October 1853 till paid & $2.30 Costs

 

The parties having referred all matters in difference between them in this suit to the final determination of William Roberson and Skylar Hamilton - And the said arbitrators having made and returned their award that the appellant pay to the Appellee the sum of Ten dollars and the costs, to which award there is no objections. Therefore in pursuance of the said award, it is considered by the Court that the appellee recover against the Appellant and Edmond Hubbard his security the sum of Ten dollars and his costs in this behalf expended.

 

John A Kelly   Complt

vs     } In Chancery

Henry M Mead

 

This cause came on this day to be heard on the Bill and exhibits filed and the depositions of witnesses: and it appearing to the Court that the subpeona has been regularly served more than two Rule days before this term and the defendant still failing to appear and answer the Bill of Complainant, the same is taken for confessed: And thereupon it is adjudged ordered and decreed that on behalf of the defendant, William J Dickenson who is appointed a commissioner for that purpose, do covey to the complainant with clauses of general warrenty by the defendant the land in the bill mentioned. And it is further ordered that the complainant be released from the payment of nineteen dollars remaining unpaid on his last bond to defendant. And it appearing that the work to be done by the terms of the contract in the bill mentioned and not completed, was worth besides what was done Twenty five dollars; which exceeds the said nineteen dollars, the sum of Twenty five dollars, it is further adjudged that the defendant pay to the complt the said last mentioned sum of Twenty five dollars and the costs of this suit; and the cause is continued.

 

On the application of John Howard for an alteration of the road from hear his Ferrell house to intersect the New Garden road on a line between himself and Leonard Shoemaker, it is ordered that Thomas W Davis one of the road commissioners for this County do view the grount along which the said alteration is proposed to be

 

 

 

 

156               January 2d, 1855

 

 

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 alteration shall be established.

 

 

James B Williams    plt

vs.    } Upon a Petition to try the Right of Property

Thomas Meade & others   defts

 

This day came the parties by their attorneys and thereupon came also a jury, to wit; Edward Stinson William Stinson, Francis B Jessee, Wm. Campbell, Felix G Catron, George Vermillion, Wm G Cowan, Wm D Wagoner Peter Kelly James Purcell, John Aston & John W Litton who being elected tried and sworn the truth to speak upon the issue joined, but not having time to go throug with the case, the jurors aforesaid are adjourned until to morrow morning at 10 oclock

 

Ordered that Napoleon B Gray allowed the sum of Thirty dollars his damages assessed by a commissioner of roads in this county, and that the sheriff pay the same to him out of any monies in his hands belonging to the county

 

On the motion of Henry D Smith, and the court being of opinion that it would not be inconvenient to the public for him to erect gaits upon a public road passing through his lands; it is therefore ordered that he be allowed to put up as many gaits as he things necessary on the road passing his mill

 

Ordered that the Overseers of the Poor of this County do bind Rebecca Smith to Joseph Chapman upon such terms as they may agree upon

 

On the application of Ellis Dean it is ordered that Tivis W Newberry, Charles F Bond and Hiram Kilgore being first duly sworn for the purpose, do view a road located from the Pound Gap road at Robinetts & up Guests River leading to the little stone gap - and report to the court in writing truly and impartially whether in their opinion any and if any what inconveniance will result from discontinuing said road

 

Thomas W Davis one of the Commissioners of roads in this county, who was appointed by an order of this Court to view an alteration of the road on the application of John Whitt, this day made his report which is ordered to be filed, and all circumstances withed the court is of opinion that the said alteration ought to be established therefore it is considered by the court that the said alteration be established as reported.

 

 

 

 

 

                            January 2d, 1855                   157

                            

                            

                            

Robert P Vicars Appellant vs Culbertson & Salyers Appellees - Appeal

 

For reasons appearing to the court it is ordered that this case be continued until the next March term at the costs of the appellees

 

Valentine Bush admrs plt vs David Craig deft - Attachment

 

For reasons appearing to the court it is ordered that this case be continued until the next term

 

On the application of William Clark for a new road from the top of sandy ridge near the lynn Spring to the New Garden road near Johnsons Mill; it is ordered that Thomas W Davis one of the road commissioners for this county do view the ground along which the said road 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

 

 

On the application of John Corvin for a new road from the top of copper ridge near Thomas Austins down little copper creek to the Castels woods road; it is ordered that John H S Fugate one of the road commissioners for this county do view the ground along which the said road 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

 

 

The Overseers of the Poor of this county having appropriated the sum of Twenty dollars for the benefit of Abigail Logan who is old and infirm, and appointed Aaron H Gose to pay the same to her as she might need it, and the court being informed that the said Gose had paid no part of said sum to her, and that she was in a suffering condition, it is therefore ordered that Robert Boyd be substituted in the room of said Gose, and that he pay said sum to her as directed by the Overseers of the Poor

 

Ordered that William Evans be appointed surveyor of the road in the room of George H Dyer and that he keep the same in repair with the following tithables, to wit: Charles C Dickenson, Henry H Dickenson, Jas M Dickenson, & George a slave, Samuel Minton, William F Gibson, Daniel Blevins, John W Hagy, John Amburgey, Solomon Burchett and Peter W Wampler

 

 

Ordered that Jeremiah Couch be appointed surveyor of the road in the room of William P Honaker and that he keep the same in repair with the following tithables, to wit: John Couch, Archibald Couch, Wesley Sexton, Robert Sexton, Joseph Jessee, Chas M Ashby, Nathan Dickenson, Charles Black, Jonathan Skeen and Joseph Skeen

 

 

 

 

158                    January 2d, 1855

 

Ordered that William Gibson be appointed surveyor of the road in the room of William Bickley and that he keep the same in repair with the tithables assigned said Bickley

 

Ordered that the following hands be added to Nathan McGlothlins road list, to wit; Valentine Honeycut, Francis Greer Jr and James Bond

 

Ordered that Henry S Edwards be added to the list of Jesse Browning & Wm B Aston Overseers of the road in this county, and that he be released from working in the percinct of road of which Jeremiah Puckett is surveyor

 

Ordered that Calvin Fields surveyor of the road in this county and the hands assigned him (except Jacob Cooper) be released from working on a new road established at the last Court, leading from Hendricks Mill to the Mountain road near A C Fergusons Brick house

 

Ordered that the following hands be added to Daniel Alexanders road list, to wit; Martin Garrett, & his boy Charles, Ezekiel B Garrett, Jacob Cooper, William Cooper, Burges Hurt, Charles W Fogleman, David McCloud, Richard P Alexander John C Alexander & John Alexander

 

Ordered that the following hands be assigned to Joshua Thompson surveyor of a new road from Hendricks' Mill to the mountain road near A C Fergusons Brick house for the purpose of opening the road, to wit; Calvin T Fields, Lewis Viers, Joel Fields, William Fields, Taylor Fields, Russell Fields, Burdine Farmer, Daniel McCloud senr, Daniel McCloud Jr Thomas Thompson, Anthony M Ferguson, Andrew Fergusons boy Bill, Jacob Cooper, William Cooper, Thomas Garrett, Andrew C Ferguson and his two boys, Solomon Jones, Randolph Fields, Joseph Fields, John Herrald, Granville Ferguson, John Fergusons two slaves, William Chapman, David Price, Richard Price, Benjamin Ferguson, Thomas S Johnson, Geo Johnston's two slaves, Daniel Alexander, Richard P Alexander, Martin Garretts & Charles, Chas W Fogleman, Thomas Garrett Jr, Ezekiel B Garrett, Jesse Darr, George Darr, James W. Hendricks and his two slaves, Hiram Henderson, John McElyea, Caleb Browning, Aaron L Hendricks and his slaves & Daniel J Ayres

 

Ordered that court be adjourned until tomorrow morning at 10. oClock. John T. Smith

 

 

 

 

 

                    Wednesday January 3d, 1855                 159

                    

At a Court continued and held for Russell County at the Courthouse on Wednesday January 3d 1855

 

Present John T Smith, Wilson Elliott and Napoleon B Gray Gent

 

Joseph C Fugate is by Robert Boyd Sheriff of this County appointed his deputy and the court being of opinion that he is a man of honesty probity and good demeanor and thereupon he took the several oaths prescribed by law, to wit; the oath of fidelity to the commonwealth, the oath against duelling, the oath to support the constitution of the United States and the oath of office

 

On the motion of Richard H Lynch who took the oath of an administrator prescribed by law and entered into and acknowledged his bond in the sum of Two hundred dollars with Samuel W Aston as his security conditioned as the law directs. A certificate is therefore granted him for obtaining letters of administration on the estate of Mary Gibson deceased in due form

 

James B Williams   plt

vs     } Upon a petition to try the right of property

Thomas Meade & others   defts

 

The jury sworn in this case on yesterday appeared in court according to their adjournment, and after having fully heard the case were sent out of court to consult upon their verdict, and after some time returned into court and declaring that they could not agree upon a verdict, Edward Stinson, one of the jurors is withdrawn and the rest from rendering a verdict discharged, and this cause is continued until the next term

 

 

Henry P Meade   plt

vs     } Upon a petition to try the right of property

Thomas Meade & others   defts

 

This day came the parties by their attorneys and thereupon came also a jury, to wit; Samuel H Nash, William Johnson, Alexander McFarlane, Thomas D Boyd, Thomas J Riley, Thomas Williams, William E Frick, Peter B Henritze, Thomas S Price, Jacob Owens, Wm Williams and Robert M Fields who being elected tried and sworn the truth to speak upon the issue joined and having fully heard the case were sent out of court to consult upon their verdict and after some time returned into court and declaring that they could not agree upon a verdict, Samuel H Hash one of the jurors is withdrawn and the rest from rendering a verdict discharged, and this cause is continued until the next term

 

 

 

 

160               Wednesday January 3d 1855

 

It appearing to the Court on the application of Thomas W Davis that an execution in his hands awarded upon a judgment on a warrant in favor of William M Lockhart plaintiff against Joseph Cox defendant has been levied on one brown horse, in the possession of Henry D Aston, and the said Henry D Aston claims the said brown horse as his property, and avers that the same is not liable to said execution, and it appearing to the Court that the said property is of greater value than Twenty dollars; It is therefore ordered that the said Wm M Lockhart and Henry D Aston be summoned to appear here on the first day of the next term and abide the decision of the courts as to the right of said property.

 

 

Ordered that Oscar Ferrell be appointed surveyor of the old County road from where it crosses the road leading from Ferguson Mill to Charles Smiths to the county line and that Larkin Ferrell be assigned him for the purpose of keeping said road open

 

Ordered that the sheriff of this county pay to Wm N Leece late deputy sheriff the sum of Two dollars out of any money in his hands belonging to the County, it being the amount of Jeremiah Boys' county levy and poor rates, improperly pad by the said Leece for the year 1853

 

 

Ordered that Christian Easterly a justices be allowed to serve in the room of Wm G McConnell, Nathan E Burdine to serve in the room of Skidmore Muncey and Oliver H Frick to serve in the room of Harvey P Gibson

 

 

Ordered that the following hands be assigned Enoch Vanderpool an Overseer of the road in this county, to wit; Abner Carty, Calvin A Moore, Egbert Moore, John Moore, Charles Moore, Gabriel Holmes, James Mays, Harvey Mays, Samuel Burk, Henderson Baker, Samuel Jessee, Wm R 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 Jr., David Jessee Jr, Armstrong Skeen, Philip Minton, James Moore & Calvin Hawkins

 

 

Allowances to Jurors for the present term payable by the County

 

 

                      January 3d, 1855                    161

                      

Ordered that Thomas W Davis a constable of this county sell the brown horse which he has levied on as the property Joseph Cox for the benefit of William M Lockhart, at public sale to the highest bidder on a credit of six months, taken bond and good security for the purchase money

 

 

Oliver H Price & others   Complts

vs      } In Chancery

Solomon Osborn & others   Defts

 

This cause came on to be heard again, upon the papers heretofore read, and also upon the report of James P Carrell, heretofore appointed a commissioner to settle the estate of James Lee deceased, and of James Dickenson George Gose and Robert Fugate commissioners heretofore appointed to assign dower to the widow of said James Lee and Partition the estate of the said James Lee among his legal distributees, and the said report having been returned and filed more than thirty days, and there being no exception to said reports, the same are hereby affirmed, and it is decreed that all the parties who are in this commonwealth make mutual conveyances of the lands in the report and according to the report of the said commissioners James Dickenson George Gose and Robert Fugate; and that Richard H Lynch who is appointed a commissioner for that purpose make a conveyance for William E. Fletcher and Tivis Lee infant children of James Lee and Phoebe, David, Martha, Sara and Hugh infant children of Martin Lee, and for Stephen Jessee & wife, Peggy McKinney and Giles Lee absent defendants with covenants of special warrants against himself and heirs. It is furthermore adjudged ordered and decreed that William Osborn & wife pay to the administrators of James Lee deceased the sum of $59.83, James M Lee pay the sum of $97.33 to said admrs, Alexander Lee pay to said admrs $84.83 that William E Lee pay said admrs $84.83 and that the said administrators make distribution of the funds in their hands and to be collected as follows; that they pay to O H Price $120.67 to Wm Porter and wife $186.67 to Martin Lees heirs $63.26 to Peggy McKinney $320.17 Tivis Lee $290.17 Fletcher Lee $377.67, and it appearing from the report of the said commissioners, that there remains in the hands of said administrators the sum of $100.00 which has not been appropriated, it is ordered that they pay the costs of this suit out of the said $100.00 if the same be sufficient and if a balance of costs remain, they keep it out of each heirs part proportionately except that O H Price is not to pay any part of the expense of partitioning the land, and that those who are indebted to the estate, shall pay enough more, than the sums herein

 

 

 

 

162       

 

 

before directed to be paid by them, to make their proportionable part of any excess of costs, and that the said report as to the division of the slaves be also confirmed, and it is further ordered that if any of the resident parties shall refuse or neglect to make the conveyance herein before required within four months then that the said commissioners Lynch make the same

 

Ordered that court be adjourned until court in course

John T Smith