March 6th 1855                 169

At a court held for Russell County at the Courthouse thereof on the 6th day of March 1855

Present John T Smith, Napoleon B Gray, William Elliott George Snodgrass & Nathan E Burdine Gent

The following list of writings was admitted to record by the Clerk of this Court since the last term

A Deed of bargain & sale from Joseph Barker to Wm & John Johnson for land dated the 13th of March 1852 and admitted to record the 6th day of February 1855

A Deed of bargain & sale from David Carty & Rachel his wife to Wm E Sutton for land dated the 3d of October 1854 and admitted to record the 6th day of February 1855

A Deed of bargain & sale from David Carty & Rachel his wife to Wm Russell for land dated the 3d of October 1854 and admitted to record the 6th day of February 1855

A Deed of bargain & sale from Jno W Lampkin & Margaret B his wife to John Vincell for land dated the 16th of December 1854 and admitted to record the 6th day of February 1855

A Deed of bargain & sale from Wm Kilgore to James & Chas. Stallards for land dated the 17th of January 1855 and admitted to record the 6th of February 1855

A Deed of Trust from James B Williams to Caleb Hawkins for personal property dated the 18th of January 1855 and admitted to record the 6th of February 1855

A Deed of Trust from Thos. J Ruley to Geo W Dickenson for land and personal property dated and admitted to record the 6th of February 1855

A Deed of bargain & sale from Robert Fugate to Solomon Osborn for land dated the 18th of January 1855 and admitted to record the 7th day of February 1855

A Deed of bargain & sale from Robert Fugate to Jesse Vermillion for land dated the 21st of December 1852 and admitted to record the 7th day of February 1855

A Deed of bargain & sale from Elijah Statzer to Andrew Statzer for land dated and admitted to record the 9th of February 1855

A Deed of bargain & sale from Thos. C McClearey & Barbara his wife to Jno F McElhenney for land dated the 7th of December 1854 and admitted to record the 1st day of March 1855

An Agreement between Abraham Fuller & Barton Ray for personal property dated the 28th of February 1855 and admitted to record the 1st of March 1855

A Deed of Trust from Wm Bartley to Wm J Dickenson for personal property dated & admitted to record the 1st of March 1855

Which were read in Court and ordered to be entered on the minutes

Ordered that James L Long be released as Overseer of the road from the forks of Carrs Creek to the Abingdon road

170                 March 6th 1855

Samuel Osborn Squire Osborn William Osborn & David Osborn who were committed to the jail of this County by Christian Easterly, Thomas S Johnson & James Cavender Gent justices on the 7th day of February 1855 for having on the 23d day of January 1855 in said County feloniously and maliciously caused to one Robert McCoy great bodily injury by maliciously and unlawfully breaking the skull bone and putting out the right eye of the said Robert McCoy with intent to main disfigure disable and kill him the said Robert McCoy were lead to the bar in custody of the jailor; 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 term. And on the motion of the prisioners by their Counsel to grant them bail and set them at liberty until the first day of the next term, and the Court being of opinion that they ought to be bailed the said Samuel Osborn, Squire Osborn, William Osborn and David Osborn here in Court acknowledged themselves to be indebted to the Commonwealth of Virginia in the sum of Five hundred dollars each, and Solomon Osborn acknowledged himself indebted to the Commonwealth of Virginia in the sum of Five hundred dollars for each one of them of their respective goods and chattels lands and tenements to be levied, and to the use of the Commonwealth rendered, upon condition that the said Squire Osborn, Samuel Osborn, William Osborn and David Osborn do each personally before before the justices of this Court on the first day of the next April term, and abide the decision of said Court for feloniously & maliciously caused great bodily injury to one Robert McCoy &c as aforesaid and that they will not depart thence without leave of the Court, then this recognizance to be void

Squire V Holbrooks, James Johnson, Thomas D Hale, Robt Boyd, Robert Murphey & John W Byars, here in Court acknowledged themselves indebted to the Commonwealth of Virginia in the sum of one hundred dollars each, and the said Squire V Holbrooks for Mary his wife and James Johnson for Eliza his wife, acknowledged themselves in the further 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 the said Squire V Holbrooks & Mary his wife, Jas. Johnson & Eliza his wife, Thomas D Hale, Robert Boyd, Robert Murphey and John W Byars, do personally appear before the justices of this Court on the first day of next April Court to give evidence on behalf of the Commonwealth against Samuel

                    March 6th 1855              171

Samuel Osborn & others and that they will not depart without leave of the court, then this recognizance to be void.

The Commonwealth     plt

vs      } On an Indictment for an assault

David C Gillenwaters  deft

This day came the attorney prosecuting for the Commonwealth in this Court, and the deft still failing to appear, and plead although duly summoned, thereupon came also a jury, to wit; Robert Burk, James Kendrick, Harvey Mutter, Wm Johnson, Robt M Whitehead, Henry Smith, George Shepherd, Charles A Smith, Aaron L Hendricks, Jas Bickley, James M Tate, and John C Bauswell who were sworn well and truly to assess the fine against the deft for the assault in the Indictment charged upon their oath do say "We the jury find the deft guilty and assess his fine to $2.50. Therefore it is considered by the Court that the deft make his fine by the payment of Two dollars & fifty cents to the commonwealth and the costs and may be taken &c.

Thomas Welch personally appeared in Court and subscribed and made oath to a declaration for the purpose of obtaining the land bounty due to William Welch decd a soldier of the Revolution, which is ordered to be certified

Samuel Hargis aged 81 years of age a respectable person and entitled to credit personally appeared in Court, and being duly sworn deposeth and saith that he was well acquainted with William Welch decd who was a revolutionary soldier, that he knows that the said William Welch served two campaigns in the militia and that he afterwards enlisted in the regular army and served throughout the war. that Thomas Welch who is now 70 odd years of age is the son of the said William Welch he having been acquainted with him ever since he was a child, and thereupon it is ordered to be certified that it appears to this Court by legal and satisfactory evidence that William Welch decd was a soldier during the revolutionary war and that Thomas Welch is the only son and surviving heir at law

The Commonwealth     plt

vs      } On an Indictment for an assault

Henry Dye  deft

This day came as well the attorney prosecuting for the Commonwealth in this Court, as the deft by his attorney, and thereupon came also a jury, to wit; Robert Burk, James Kindrick, Harvey Mutter, Wm Johnson, Robert M Whitehead, Henry D Smith, Geo Shepherd, Charles A Smith, Aaron L Hendricks, Jas Bickley, James M Tate and John C Bauswell who being elected tried and sworn the truth to speak upon the issue joined upon their oath do say "We the jury find the deft guilty and assess

172                       March 6th 1855

his fine to $3.62. Therefore it is considered by the Court that the deft make his fine by the payment of Three dollars and sixty two cents to the Commonwealth and the costs and may be taken &c

The Commonwealth     plt

vs      } On an Indictment for an assault

Lucy Fraley  deft

This day came as well the attorney prosecuting for the Commonwealth in this Court, as the deft by her attorney, and thereupon came also a jury, to wit; same as in case Commonwealth vs Henry Dye, who being elected tried and sworn the truth to speak upon the issue joined upon their oath do say "We the jury find the deft guilty and assess her fine to $1.00. Therefore it is considered by the Court that the deft make her fine by the payment of the sum of one dollar to the Commonwealth and the costs and may be taken &c

William Gibson     plt

vs     } On a motion on a forthcoming bond

James C shoemaker & Harvey Gray 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 plaintiff it is ordered that judgment be granted and execution awarded him against the said defts for the sum of $49.32. But to be discharged by the payment of Twenty four dollars and sixty six cents with legal interest thereon from the 22d day of December 1854 till paid and the costs

Valentine Bush admr of Josiah d Bush decd plt

vs     } On an Attachment

David Craig

The plaintiff having obtained an attachment against the estate of the deft and the Constable having made return that he had summoned James Dotson as a guarnishee, this day came the plaintiff by his attorney and the deft not appearing and it appearing by the testimony of a witness that the deft is indebted to the plaintiff in the sum of Twenty dollars; it is considered by the Court that the plaintiff recover against the deft the sum of Twenty dollars and his costs. And it is further considered that the plaintiff recover against the said James Dotson the aforesaid sum of Twenty dollars

Ordered that Patton G Keen be appointed guarding to Creed f Hurt infant son of Ann Hurt decd. And thereupon he entered into and acknowledged his bond in the sum of One hundred and fifty dollars with Silas B Hurt as his security conditioned as the law directs

                      March 6th 1855                   173

Rachel Stinson who was by an order of this Court made at the term required to give James Jackson & William Combs, who are bound as her security as Exetrix of John Stinson decd counter security execute a new bond or be displaced from her office as executrix aforesaid. This day appeared in Court and entered into and acknowledged her bond, in the sum of Eight hundred dollars, with William Stinson senr Samuel Stinson and William Stinson jr as her securities conditioned as the law directs

William H Gragg a constable of Russell County produced an account against the Commonwealth for arrest of criminals their support and including the service of Valentine Bush, Stephen Banner, Harvey Chapman, David Banner, James Dotson, Berry R Banner, James Johnston, James McCoy jr, John McCoy, William Moore, Squire V Holbrooks, Wiley McCoy, James M Burchett, James Wright, John Wright, Alfred Holbrooks, James Gray, William Jackson, James McReynolds, Peter W Wampler, John Holbrooks, James Holbrooks, Joseph M Canies & Joseph Jessee amounting in the whole $72.95 was sworn to by the said William H Gragg, Valentine Bush, James McCoy jr, Wm Moore, Wiley McCoy, Alfred Holbrooks, James McReynolds, Peter W Wampler, & Joseph M Canies allowed by the Court & ordered to certified to the auditor of public accounts

Nimrod Kiser desiring the Court to appoint him an assistant in his duties as commissioner of the Revenue for the Western District of this county and nominating Peter W Wampler as a suitable person for such assistant he is appointed accortingly, and thereupon he took the several oaths prescribed by law

Ordered that the Sheriff of this County pay to John A Collins the sum of 87 cents out of any monies in his hands belonging to the County for one pound of powder and putting up a sign board, the same having been allowed at the last County levy and omitted to be entered

On the motion of Fleming Burk, and for reasons appearing to the Court; it is ordered that he be exempted from the payment of County levies and poor rates, and it is further ordered that he be exempted from the payment of the County levy and poor rates for the year 1852

Ordered that Elijah Counts an overseer of the poor of this County do bind _____ Barton as bastard child of Adeline Clay to some suitable person until he arrives at the age of Twenty one years

On the motion of Andrew C Ferguson jr, Benjn C Bundy, Andy F Hendricks, George H Gray & Wm Samples who were summoned to attend here as jurors during this term, and for reasons appearing to the Court, it is ordered that they be exempted from serving as jurors

174                          March 6th 1855  

The Commonwealth plt vs Robt A White  deft - Indictment

The Commonwealth plt vs Ambrose Selcox  deft - Indictment

The Commonwealth plt vs Minor Meade  deft - Indictment

The attorney prosecuting for the Commonwealth in this Court with leave of the Court saith he will not further prosecute in these cases

The Commonwealth plt vs John C Harrison  deft - Indictment

Same plt vs Reuben Fraley  deft - Indictment

For reasons appearing to the Court it is ordered that these cases be continued until the next term

The Commonwealth plt vs Edmund Dickenson  deft - Indictment

Same plt vs Polly Dickenson  deft - Indictment

Same plt vs Geo Dickenson  deft - Indictment

On the motion of the attorney prosecuting for the Commonwealth in this Court and for reasons appearing to the Court it is ordered that these cases be continued until the next term

The Commonwealth plt vs Thomas Jourdan  deft - Indictment

The summons awarded in this cause having been returned executed and the deft failing to appear it is ordered that a capias be awarded against him returnable here on the first day of the next June term

The Commonwealth plt vs James Mays  deft - Indictment

Same plt vs James Mays & Patsey Cook  defts - Indictment

The capias awarded in these cases not having been returned, it is ordered that a new capias be awarded against the said defts directed to the Sheriff of Scott County, returnable here on the first day of the next June term

On the application of Lucy Hess for a new road from the Blacks ford to her house through the lands of Thomas W Davis & Valentine Mutter for the the conveniance of travelling to mill; it is ordered that Zadock N Gardner, Wm M Lockhart and William Ball do view the ground along which the said road is proposed to be be conducted as well as any other conveniant road 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 should be established

John H S Fugate one of the Commissioners of roads in this county who was appointed by an order of this Court on the 2d day of January last to view a new road from the Top of Copper ridge near Thomas Austins down little copper creek to the Castels woods road made his report, which is ordered to be filed. And it is further ordered that Fielding Isaacs one of the proprietors of the land through which the said road is proposed to be conducted be summoned to appear here on

                     March 6th 1855               175

the first day of the next term and show cause if any he can why the said road shall not be established as reported

On the application of William Stallard for an alteration of the road from the head of White oak creek to the Maple Spring; it is ordered that George W Riner, Daniel Ramsey senr and Hiram H Kilgore being first sworn for the purpose, do view the ground along which the same 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 alteration shall be established

John W Honaker, George W Dickenson & Lewis Dickenson who were appointed by an order of this Court made on the 6th day of February to view a road from the forks of the road at or near the sulpher spring meeting house to the foot of Moccasion ridge, made their report that no inconveniance would result to the public from discontinuing the same upon consideration whereof the Court doth order that the said road be discontinued

Thomas W Davis one of the commissioners of roads in this court who was appointed by an order of this Court to view an alteration of the road on the application of John T Howard made his report which is ordered to be filed. Upon consideration whereof the Court doth order that the said alteration be established as reported

John H S Fugate one of the commissioners of roads in this court who was appointed by an order of this Court to view a road on the application of Alexander Sutherland made his report which is ordered to be filed. And it is further ordered that Charles Kiser senr one of the proprietors of the land through which the said road is proposed to be conducted be summoned to appear here on the first day of the next term, and show cause if any he can why the said road shall not be established as reported

Tivis W Newberry, Charles F Bond and Hiram H Kilgore who were appointed by an order of this Court to view a road from the Pound Gap road at Robinetts and running up Geusts river to intersect the little stone gap road at Princes Flat made their report which is ordered to be filed

George C Gose, Andrew Fraley and Wm H Chapman who were appointed by an ordered of this Court to view an alteration of a road in the application of James H Dickenson made their report which is ordered to be filed

William Robinson, John C Poindexter and John Wheatley who were appointed by an order of this Court made the 6th day of last month on the application of James M Gibson to discontinue a road from the Pound to the head of Cumberland made their report that

176            March 7th 1855

it would be inconveniant to discontinue to road and further reported an alteration that would be convenient. Upon consideration whereof the court doth order that said alteration be established as reported

Ordered that court be adjourned until tomorrow morning at 10 oclock

John T. Smith

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

Present John T Smith, Napoleon B Gray & Nathan E Burdine Gents

Robert Boyd who sues for the benefit of James P Carrell   plts

vs     } On a Motion on a forthcoming bond

Ancil Ascue, Michael Ascue & Patton G Keen 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 motion of the plaintiff, judgment is granted and execution awarded him against the said defts for the sum of $387.86. But to be discharged by the payment of one hundred & ninety three dollars and ninety three cents with legal interest thereon from the 5th day of December 1854 till paid and the costs

Alderson & Kernan who sues for be benefit of James P Carrell   plts

vs     } On a Motion on a forthcoming bond

Michael Ascue & Robert Burk 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 motion of the plaintiff, judgment is granted and execution awarded him against the said defts for the sum of $330.16. But to be discharged by the payment of one hundred & fifteen dollars and eight cents with legal interest thereon from the 18th day of December 1854 till paid and the costs.

Same for same   plts

vs     } On a Motion on a forthcoming bond

Esaias Bowman & John W Litton 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 motion of the plaintiff, judgment is granted and execution awarded him against the said defts for the sum of $221.52. But to be discharged by the payment of one hundred & ten dollars & seventy six cents with legal interest thereon from the 1st day of January 1855 till paid and the costs

                       March 7th 1855               177

Samuel Taylor    plt

vs      } On a motion on a forthcoming bond

Ancil Ascue & John W Litton 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 motion of the plt judgment is granted and execution awarded him against the said defts for the sum of $147.00. But to be discharged by the payment of seventy three dollars & fifty cents with legal interest thereon from the 5th day of Decr 1854 till paid and the costs

Meredith Logan for the benefit of James P. Carrell    plt

vs      } On a motion on a forthcoming bond

Michael Ascue & Robert Burk 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 motion of the plt judgment is granted and execution awarded him against the said defts for the sum of $126.88. But to be discharged by the payment of sixty three dollars & forty four cents with legal interest thereon from the 18th day of December 1854 till paid and the costs

Alderson & Aston    plt

vs      } On a motion on a forthcoming bond

James C Shoemaker & Harvey Gray 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 motion of the plt judgment is granted & execution awarded him against the said defts for the sum of $53.44. But to be discharged by the payment of twenty six dollars and seventy seven cents with legal interest thereon from the 16th day of December 1854 till paid and the costs

Robert P Vicars    Appellant

vs     } upon an Appeal from a judgment of Andw Williams Gent a justice rendered on the 21st day of October 1854 for whereby the Appellees recovered against the Appellant the sum of $15.03 with interest from the 2d day of September 1854 till paid and $11.54 costs of their warrant

Culbertson & Salyer    Appellees

This day came the parties by their attorneys and the court having fully heard the case they are of opinion that there is no error in the said judgment. Therefore it is considered by the Court that the Appellees recover against the Appellant and Paul Vicars his security the sum of $15.03 with damages thereon at the rate of 10 p.c.p.a from the 2d day of September 1854 till paid and their costs in this behalf expended

178                           March 7th 1855 

Robert Fugate surveyor of this County recommended Nehemiah Henderson as his deputy who is accordingly appointed and the Court being of opinion that he is a well qualified and a man of honesty probity and good demeanor, he took 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

Hanson Hobbs   Appellant vs Robert Mason Appellee On an Appeal

Edmund Dickenson Appellant vs Jno Cross Appellee On an Appeal

For reasons appearing to the Court it is ordered that these cases be continued until the next term

Andrew J Dotson Constable of Russell County presented an account against the Commonwealth for arrest of Criminals amounting to the sum of $5.00 and made oath thereto which was examined by the Court allowed and ordered to be certified to the auditor of public accounts

Isaac W N Davis jailor of this County presented an account against the Commonwealth for dieting Saml Osborn & others and imprisioning & releasing them charged with felony amounting to the sum of $47.60 and made oath thereto which was examined by the Court allowed and ordered to be certified to the Auditor of public accounts

Ordered that the following hands be added to Duncan A Stallards road list to wit; Matthew S Roberson, Larkin Adkins, John Ritchie, Parker Wheatley, Martin Gillim, James Johnson, Squire Holbrooks, George W Bevins, Daniel Holyfield, John Buchanan, Wm A Stallard, Milas Buchanan & Wm A Powers

Ordered that the following hands be added to Noah Kiser's road list, to wit; George W Puckett, Matthew Puckett, Jefferson Jessee and Jackson Jessee

Ordered that Timothy S Jessee be appointed surveyor of the road in the room of James Simmerly from opposite Archer Jessee's Mill to the Hollow west of Jefferson Jessee's and that he keep the same in repair with the following tithables, to wit; Wm Jessee, John Jessee, Joseph H Jessee, Chs B Jessee, Wm Jessee (son of Jos), John T Jessee, Wm Deboard, Mo. McFadden, Jefferson Jessee's boy Harve and George Hicks

John Bickley one of the road commissioners in this county who was appointed by an order of this to view a new road on the application of Richard Colley from the turnpike by the sand Lick to the Kentucky line made his report which is ordered to be filed

Ordered that Robert Fugate furnish Ransom Suit with provisions to the amount of $2.00 and that the same be levied in the next County levy

                           March 8th 1855            179

Ordered that the following hands be added to Calhoun Davis' road list, to wit; Joseph H Williams, John Hackney, Joel Adams, Holden Davis' boy Isaac

Ordered that the following hands be added to Joshua Thompsons road list, to wit; Richard Walden, John Walden, Burges Hurt, Jacob M Snead, Richard Dye, Jacob Browning, Edward R Smith, George Dye, Pryor Dye jr, Pryor Dye sr, Patton Dye & Andw C Ferguson jr

Ordered that the following hands be added to Andrew Statzer's road list, to wit; Harvey G Long, James L Long, Henry Duncan, John Lewis and Mordecai Cross

Ordered that Jas H Fuller be appointed Overseer of the road in the room of David Runnion and that he keep the same in repair with the tithables assigned said Runnion, and Wesley Davis, Noah Ball and Joseph Presley

Ordered that the following hands be added to Jno Burton's road list, to wit; Abram Bickley, E Fraley, John Smith and Joseph Talbert

Ordered that Daniel J Ayres one of the road commissioners in this County, be substituted in the room of John Bickley who was appointed by an order of this Court to view a new road on the application of Jesse Bartley

Ordered that Court be adjourned until tomorrow morning at 10 oClock

John T. Smith

At a Court continued and held for Russell County at the Courthouse thereof on the 8th day of March 1855

Present John T Smith, Samuel W Aston and Nathan E Burdine Gent

Andy F Hendricks   plt

vs    } In case

Michael Ascue   deft

The parties having by an order of this Court made at the last November term referred all matters in difference between them in this suit to the final determination of William J Dickenson. And the said arbitrator having made and returned his award that the plaintiff recover against the defendant the sum of $44,19 with interest from the 1st day of Jany 1850 till paid and the Costs to which award the is no objections. Therefore in pursuance of said award, it is considered by the Court that the plt recover against said deft the sum of Forty four dollars and nineteen cents with legal interest thereon from the 1st day of January 1850 till paid and the costs

Ordered that Ralph Suit be added to Flemin Jessee's road list

Ordered that John T Cowan be added to Thomas Davis' road list

180                           March 8th 1855

James P Strother Trustee &c plt vs Silas B Hurt exor deft - In Debt

The defendant by his attorney pleaded payment to which the plaintiff by his attorney replied generally & issue and thereupon the office judgment is set aside, and leave is granted the deft to plead any special matter at or before the next term, until which time the cause is continued

John C Grant appee plt vs Ancil Ascue & Jno W Litton defts - In Debt

The defendants by their attorney pleaded payment to which the plaintiff by his attorney replied generally & issue and thereupon the office judgment is set aside and the cause continued until the next term

William Nash plt vs Saml Perry deft - In Case

Geo W Hopkins plt vs A F Hendricks guar deft - In Case

Patton G Keen for &c plt vs A & W B Aston defts - In Debt

Andy F Hendricks plt vs Michael Ascue deft - In Case

Nathan M Kinney plt vs Haskell Mullins deft - In Case

John Kindrick plt vs Robert Barker deft - In Case

For reasons appearing to the Court it is ordered that these causes be continued until the next term

Richard H Lynch clerk of this court having appointed Isaac Vermillion to officiate as his deputy, the said Isaac Vermillion took the oath of fidelity to the Commonwealth, the oath to support the Constitution of the United States, the oath against deulling and the oath of office

Ordered that Hanson M Hooe be added to N E Burdine's road list

Thomas Meade & others plt vs Henry P Meade deft - Attachment

For  reasons appearing to the Court it is ordered that this causes be continued until the next term at the cost of the plts

Daniel J Ayres one of the road commissioners in this county to view & locate a new on the application of Samuel Weddle made his report at the last term, which was ordered to be filed and for reasons appearing to the Court it is ordered that said report be recommitted to said Commissioner

The following are the allowances to jurors to which they are entitled to by the law for services during the present term payable by the Commonwealth

Which said allowances are ordered to be certified to the Auditor of public accounts

                      March 8th 1855                181

The following are the allowances to jurors for this term payable by the County

Bartley Scarlet   plt

vs     } In Debt

Daniel Price      deft

This day came the plt by his attorney and the deft not yet having appeared it is considered by the Court, that the judgment obtained in the Clerks Office be made final and that the plaintiff recover against the deft $93.00 with interest thereon from the 15th day of March 1853 till paid the deft in the declaration mentioned and his costs in this behalf expended Cr 1853 May 2d - $3.00

Robert Boyd & Aaron L Hendricks late Merchants & partners trading under the firm & style of Boyd and Hendricks  plts

vs     } In Debt

Ancil Ascue    deft

This day came the plts by their attorney and the deft not yet having appeared it is considered by the Court that the judgment obtained in the Clerks Office be made final and that the plaintiffs recover against the deft the sum of $90.09 the debt in the declaration mentioned with interest thereon from the 23d day of February 1853 till paid and their costs in this behalf expended

On the motion of Samuel W Aston who is bound as the security of Richard H Lynch in this Court, for his due and faithful administration of the estate of Mary Gibson deceased who states that he conceives himself in danger of suffering thereby, it is ordered that the said Richard H Lynch be summoned to appear here on the first day of the next term, and shew cause if any he can why he should not give the said Saml W Aston counter security execute a new bond or be displaced from his office aforesaid, and the said Richard H Lynch being present in court refused to give said counter security or execute a new bond. Therefore it is ordered that his power

182             March 8th 1855

and authority as administrator as aforesaid be revoked and annulled

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

A Settlement of the estate of Thomas Gibson decd was returned to Court by the commissioner and ordered to be recorded

A Settlement of the estate of Robert Dickenson deceased was returned to Court by the commissioner and ordered to be recorded

James H Dickenson & others   complt

vs    } In Chancery

Margaret Jessee & others     Defts

This cause came on this day to be heard again upon the papers heretofore read in the case and upon the report of Robert Fugate, Andrew Fraley & Solomon Osborn commissioners heretofore appointed to assign dower to the widow of Archer Jessee decd and partition the lands belonging to the estate of the said Archer Jessee decd among his legal distributees and the said report having been returned and filed more than twenty days and there being no exceptions to said report the same is hereby affirmed and it is ordered and decreed that all the parties who are in the commonwealth make mutual conveyances of the land in the said report according to the report of the said commissioners and that Richard H Lynch who is hereby appointed a commissioner for the purpose do make a conveyance for the infant children of Archer Jessee decd, and it is further ordered that if any of the parties shall refuse or neglect to make the conveyance herein before required within four months, then the said commissioner Lynch shall make the same, and it is further ordered that this cause be stricken from the docket

Ordered that Court be adjourned until Court in course

John T. Smith