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County Court Law Order Book, 1855, April Term May 8th 1855 195
At a court held for Russell County at the courthouse thereof on the 8th day of May 1855 Present, John T Smith, Jefferson Jessee and Andrew Williams Gent Ordered that Colo Harvey Gray, George Puckett, Nelson Gray, Vincent Jessee & Wiliam B Aston be appointed commissioners under the General Election Law, to superintend the Election to be held at the courthouse of this county on the fourth Thursday in this month for a Governor, Lieutenant Governor, Attorney General, Member of Congress and Members of the General Assembly and Robt Boyd be appointed the officer to conduct said Election Ordered that Robert Burk, Harvey W Martin, Aaron L Hendricks, Benjamin Chapman & Jno P Robinson be appointed commissioners under the General Election Law, to superintend the Election to be held at Aaron L Hendricks old store house in District No 2 on the fourth Thursday in this month for a Governor, Lieutenant Governor, Attorney General, Member of Congress and Members of the General Assembly and Caleb Griffeth be appointed the officer to conduct said Election Ordered that Rolling R Redwine, John Vincell, Wm P Horton, Meshach White, & Jno Bradshaw be appointed commissioners under the General Election Law, to superintend the Election to be held at Edwin R Baylors store in District No 2 on the fourth Thursday in this month for a Governor, Lieutenant Governor, Attorney General, Member of Congress and Members of the General Assembly and that Henry Vincell be appointed the officer to conduct said Election Ordered that John Ball, Moses Hurt, Adam Wiser, Zadock N Gardner and Elijah Ferrell be appointed commissioners under the General Election Law, to superintend the Election to be held at Henry B Astons store in District No 3 on the fourth Thursday in this month for a Governor, Lieutenant Governor, Attorney General, Member of Congress and Members of the General Assembly and that John T Howard be appointed the officer to conduct said Election Ordered that John Cook, Major A Fletcher, Lorenzo D Fletcher, Albert G Smith, & Patton Thompson be appointed commissioners under the General Election Law, to superintend the Election to be held at John Cooks mill in District No 3 on the fourth Thursday in this month for a Governor, Lieutenant Governor, Attorney General, Member of Congress and Members of the General Assembly and that John W Smith be appointed the officer to conduct said Election Ordered that David Deel, Richard Colley, Charles Anderson, Jesse Bartley and John Kiser be appointed commissioners under the General Election Law, to superintend the Election to be held at 196 May 8th 1855
Richard Colleys in District No 4 on the fourth Thursday in this month for a Governor, Lieutenant Governor, Attorney General, Member of Congress and Members of the General Assembly and that James Colley be appointed the officer to conduct said Election Ordered that John Mullins, Simpson Dyer, James G Hale, Wm Taylor and Harman Mullins be appointed commissioners under the General Election Law, to superintend the Election to be held at John Mullins senr in District No 4 on the fourth Thursday in this month for a Governor, Lieutenant Governor, Attorney General, Member of Congress and Members of the General Assembly and that Elijah Beverley be appointed the officer to conduct said Election Ordered that Charles H Gilmer, Abram Buckles, Flemin b Jessee, Wm A Snapp & Elisha Tate be appointed commissioners under the General Election Law, to superintend the Election to be held at Nathan E Burdines in District No 5 on the fourth Thursday in this month for a Governor, Lieutenant Governor, Attorney General, Member of Congress and Members of the General Assembly and that Joseph C Fugate be appointed the officer to conduct said Election Ordered that Andrew P Gibson, Geo W Dickenson, Jno P Dickenson, Jos Hackney & Holdon Davis be appointed commissioners under the General Election Law, to superintend the Election to be held at Andrew P Gibsons in District No 6 on the fourth Thursday in this month for a Governor, Lieutenant Governor, Attorney General, Member of Congress and Members of the General Assembly and that Thomas Gibson be appointed the officer to conduct said Election Ordered that Moses Dorton, Wm Johnson, John Dorton, Daniel C Bundy & David Jessee be appointed commissioners under the General Election Law, to superintend the Election to be held at John Dortons in District No 6 on the fourth Thursday in this month for a Governor, Lieutenant Governor, Attorney General, Member of Congress and Members of the General Assembly and that Lorenzo D Vaughn be appointed the officer to conduct said Election Ordered that Harvey Chapman, George C Gose, Andrew Fraley and Nathaniel Dickenson be appointed commissioners under the General Election Law, to superintend the Election to be held at Harvey Grays Porter House in District No 7 on the fourth Thursday in this month for a Governor, Lieutenant Governor, Attorney General, Member of Congress and Members of the General Assembly and that Stephen Benner be appointed the officer to conduct said Election May 8th 1855 197
Ordered that James Kiser, Elam Grizzle, Jonas Rasnick, Michael Kelly & James Laforce be appointed commissioners under the General Election Law, to superintend the Election to be held at William Grizzle's senr. in District No 7 on the fourth Thursday in this month for a Governor, Lieutenant Governor, Attorney General, Member of Congress and Members of the General Assembly and that Jesse Grizzle be appointed the officer to conduct said Election Ordered that Noah Bruce, Wm Horn, Nicholas Horn, Dr. John Hogue and Tivis Newberry be appointed commissioners under the General Election Law, to superintend the Election to be held at David Gentrys on top of Guests Mountain in District No 8 on the fourth Thursday in this month for a Governor, Lieutenant Governor, Attorney General, Member of Congress and Members of the General Assembly and that Hiram Kilgore be appointed the officer to conduct said Election Ordered that Jesse Hubbord, John Roberson, James Short, John Creech & James M Gibson be appointed commissioners under the General Election Law, to superintend the Election to be held at William Robinsons at the Pound in District No 8 on the fourth Thursday in this month for a Governor, Lieutenant Governor, Attorney General, Member of Congress and Members of the General Assembly and that John Poindexter be appointed the officer to conduct said Election Ordered that the Sheriff of this County summon all of the justices thereof to attend in Court at the next June Term in order to pass claims on the county, lay the county levy for the current year and settle with the sheriff for former levies 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 Wm Ramsey & Susannah his wife to Valentine Bush for land dated the 2d day of April & admitted to record the 3d day of April 1855 A Deed of bargain & sale from Wm Wallis & Elizabeth his wife to William Johnson for land dated the 2d day of April & admitted to record the 3d day of April 1855 A Deed of bargain & sale from John Blevins to Francis Greer for land dated the 4th of April & admitted to record the 16th of April 1855 A Deed of bargain & sale from Edmund Dickenson & Polly his wife to Thos. J Ruley for land dated the 2d day of Feby 1855 & admitted to record the 16th day of April 1855 A Deed of bargain & sale from Polly McGlothlin & others to Isaac Honaker for land dated 20th of Octo 1852 & admitted to record the 16th day of April 1855 A Deed of bargain & sale from Sarah B Preston & others to Benjn Fugate for land dated the 26th day of Decr 1843 & admitted to record the 16th of April 1855 198 May 8th 1855 A Deed of bargain & sale from Jno F McElhenney & Thos W Davis to Thomas Mutter for land dated the 17th of April 1855 & admitted to record the 18th of April 1855 A Deed of bargain & sale from Jno F McElhenney & Thos W Davis to Johnson H Mutter & others for land dated the 17th of April 1855 & admitted to record the 18th of April 1855 A Deed of bargain & sale from Jno F McElhenney & Thos W Davis to Johnson H Mutter for land dated the 17th of April 1855 & admitted to record the 18th of April 1855 A Deed of bargain & sale from John Price to Abram Buckles for land dated the 5th day of April 1843 & admitted to record the 21st of April 1855 Which has been read in Court and ordered to be entered on the minutes Samuel Osborn, Squire Osborn, William Osborn and David Osborn who were bound in a recognizance to appear on this day to answer a charge of maiming, appeared in Court in discharge of their said recognizance. And on the motion of the attorney prosecuting for the commonwealth in this court, and it appearing to the court that Eliza Johnson a witness on behalf of the commonwealth is confined at home by sickness and unable to attend here on this day, it is therefore ordered that the examination of the case be continued until the next term. And thereupon the said Samuel Osborn, Squire Osborn, William 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 and chattles 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 June term, and abide the decision of said court for feloniously and maliciously causing 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 Robert McCoy, Thomas D Hale, John W Byars, Squire V Holbrooks and George W Dickenson 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 & tenements 199
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 June term, and 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 M 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 M Holbrooks personally appear before the justices of this court on the first day of the next June term, and 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 Ordered that Charles Carrell executor of James P Carrell decd pay to Richard H Lynch Clerk of this Court the sum of sixty dollars, for changing clerks fees and making off fee bills due to the said James P Carrell decd - late clerk of this court On the motion of Zachariah Fugate 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 William B Aston and John F McElhenney as his securities conditioned as the law directs. A certificate is therefore granted him for obtaining letters of administration on the estate of Benjamin Fugate decd in due form Ordered that Ader Fields, Peter Hackler, Joseph C Fugate and James S Glenn or any three of them being first sworn before a justice of the peace for the purpose, do view and appraise all the personal estate to them produced of Benjamin Fugate decd - and return such appraisement under their hands signed by the administrator to the court On the motion of Vincent Browning who took the oath of an administrator prescribed by law and entered into and acknowledged his bond in the sum of Three hundred dollars with William B Aston and John F McElhenney as his securities conditioned as the law directs. A certificate is therefore granted him for obtaining letters of administration on the estate of Joseph Monk decd in due form Ordered that John Browning, Joseph Todd, Charles Monk and Samuel E Gilmer or any three of them being first sworn for the purpose do view appraise all the personal estate to them produced of Joseph Monk decd - and return such appraisement 200 May 8th 1855 under their hands signed by the administrator to the Court On the application of Robert Boyd and Ancil Ascue who produced the receipts of the Sheriff of Russell County for the sum of $30.00 each the tax imposed by law, and it appearing to the Court that the said applications are sober and of good character and will probably keep a house orderly useful and such as the law requires, a license is therefore granted each of them to keep an ordinary at the place where they now live until the next May term of the Court John G Duff plt } On a motion on a forthcoming bond John H Jackson & Robert A White 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 $64.60. But to be discharged by the payment of Thirty two dollars and thirty cents with legal interest thereon from the 23d day of January 1855 till paid and the costs Dickenson Alderson & Co plts } On a motion on a forthcoming bond Harvey Gray & Thomas D Boyd 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 them against the said defts for the sum of $24.30. But to be discharged by the payment of Twelve dollars and fifteen cents with legal interest thereon from the 6th day of March 1855 till paid and the costs James Turner plt } 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 $73.54. But to be discharged by the payment of $36.77 with legal interest thereon from the 6th day of March 1855 till paid and the costs Henry & Nathaniel Dickenson plts } On a motion on a forthcoming bond Dale Carter & Napoleon B 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 plts judgment is granted and May 8th 1855 201
execution awarded them against the said defts for the sum of $322.10. But to be discharged by the payment of $161.07 with legal interest thereon from the 6th day of February 1855 till paid and the costs John H Halley plt } On a motion on a forthcoming bond Peter B Henritze & Vincent Browning 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 $6.76. But to be discharged by the payment of $3.38 with legal interest thereon from the 7th day of March 1855 till paid and the costs William P Bishop plt } 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 $82.12. But to be discharged by the payment of $41.06 with legal interest thereon from the 9th day of March 1855 till paid and the costs Charles Carrell plt } On a motion on a forthcoming bond William Gilmer & James H Campbell 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 $55.32. But to be discharged by the payment of $27.66 with legal interest thereon from the 20th day of February 1855 till paid and the costs Alderson & Aston plt } 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 $50.14. But to be discharged by the payment of $25.07 with legal interest thereon from the 20th day of February 1855 till paid and the costs The Same plt } 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
202 May 8th 1855 appear. On the motion of the plt judgment is granted and execution awarded him against the said defts for the sum of $43.12. But to be discharged by the payment of $21.56 with legal interest thereon from the 20th day of February 1855 till paid and the costs Charles Carrell plt } On a motion on a forthcoming bond William Gilmer & James H Campbell 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 $9.96. But to be discharged by the payment of $4.98 with legal interest thereon from the 20th day of February 1855 till paid and the costs McConnell & McKee plt } On a motion on a forthcoming bond William Brumit & 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 plt judgment is granted and execution awarded him against the said defts for the sum of $22.20. But to be discharged by the payment of $11.10 with legal interest thereon from the 21st day of February 1855 till paid and the costs Samuel W Aston plt } On a motion on a forthcoming bond John C Browning, Francis Browning & Andrew Williams 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 $88.10. But to be discharged by the payment of $44.05 with legal interest thereon from the 28th day of February 1855 till paid and the costs Dale Carter plt } In Chancery Henry & Mary Dickenson defts This cause came on this 8th day of May in the year 1855 to be heard on the bill of the complt and the answer of the defendants by Wm J Dickenson their guardian ad litem and was argued by counsel. And it appearing to the Court that a portion of the purchase money for the tract of land is remaining unpaid the Court refused to decree a title to the complt until that is done; but the Court doth order adjudge and decree that Richard H May 8th 1855 203
Lynch who is hereby appointed a commissioner for that purpose do so soon as the complt shall produce to him the receipt of Robert Fugate the administrator of Robert Dickenson decd for the payment in full of the remainder of the purchase money due for said tracts of land, execute to the complt deeds for the tracts of land in the bill mentioned on the part of the defts with covenants of special warranty against himself and his heirs, and that he report his proceedings to this court and the cause is continued until the next term James M Gibson complt vs } In Chancery Samuel L Creech This cause came on the 8th day of May 1855 to be heard upon the bill exhibits and depositions filed in the case and was argued by counsel, and it appearing to the court that the deft is a non resident of this Commonwealth, and that an order of publication has been made for four successive weeks in a newspaper published in the town of Abingdon the Democrat and duly posted at the front door of the Courthouse of Russell county, and more than one month having elapsed since the said publication and the deft failing to appear and answer the bill the same is taken for confessed. And it further appearing that the Complt has purchased all of the 461 acres mentioned in the bill, part from said Saml L Creech the deft and part from Joseph P Creech to whom the said Samuel L Creech executed his title bond, the said Joseph P Creech having assigned to Complt the title bond of the said Samuel L Creech, and it appearing that the legal title to said land is in the said deft and the plt having paid all the purchase money for the same except the sum of $65.00 which he is now ready to pay to said deft or his duly authorized agent, after deducting the cost of Complt in this Case. It is therefore adjudged and decreed that complt have speciffic performance of his contract with deft, and that Richard H Lynch who is hereby appointed a commissioner for that purpose convey to complt, all the right title & interest of the said deft in and to the said 461 acres with covenants of general warranty against the said defts & those claiming under him so soon as the Complt shall pay the balance of the purchase money to the agent of said deft or into Court, and that he make report to the next term of this Court, to which time this cause is continued Ordered that Robt Fugate admr of Robt Dickenson decd be allowed two & a half per cent additional commission on the sum of $2044.00 the amount collected of Harvey Gray and paid over to Jas Dickenson 204 May 8th 1855 guardian of Robt Dickenson children and that said allowance be made in the next settlement of said Fugate with the said estate Thomas W Davis one of the road commissioners in this county who was appointed by an order this court to view an alteration of the Turnpike road on the application of John W Lampkin through his own land, made his report which is ordered to be filed. upon consideration whereof the Court is of opinion that the said alteration will be of conveniance, it is therefore considered by the Court that the said alteration be established as reported Ordered that Jefferson Fields be appointed surveyor of the road from Henry Campbells to the Abingdon Road below Anderson Hendricks in the room of William Gilmer jr, and that he keep the same in repair with the following titheables, to wit: James Campbell, Thomas Dye, Charles Jessee, Thomas Jessee, Henry Harrision, Morgan Gilmer, Barton Ray, John Fields, Samuel Collins and Thomas Hendricks The Court being of opinion that no inconveniance would result to the public by discontinuing the road leading from the old Courthouse to the Moccasin road known as the dark hollow road for the travel of carriages it is therefore ordered that the said road be discontinued as a road for the travel of carriages. And that the same be established as a bridle way for the purpose of travelling to Mill &c and leave is granted to the proprietors of the land through which the said road passes to erect gates upon the same, proved that they put up good and substantial gates, conveniant to open & with self shutting hinges Ordered that the following hands be added to Aaron Goses road list, to wit; Harvey Hoback, James Painter, Powell Logan, Stephen Williams, Alfred Williams, Robert B Cates and John Chaffin Ordered that the following hands be added to Reynolds S Shoemakers road list, to wit; Oliver H Frick, Thomas McFadden, Snead Necessary, Hanson Hobbs, John Seifers, Thomas Jordon, David White, Ezra Counts, Abram Nordykes boy Fin, James Crow, Stephen Suit, and Alexr Castle Ordered that Elijah S Counts one of the overseers of the Poor in this County do bind out Martin & Margaret Ward children of Elizabeth Ward to some suitable person or persons upon such terms as they may agree upon Caleb Griffeth Appellant vs Wm Barrett for &c Appellee - On an Appeal For reasons appearing to the Court it is ordered that this May 8th 1855 205
cause be continued until the next term Ordered that Andrew Fraley be substituted in the room of Jefferson Jessee, as one of the commissioners to view a road located and established from the Castelswoods road near Solomon Osborns to the Scott line passing by the house of Elias Marshall Ordered that Charles D Boyd be allowed the sum of $15.00 for repairing done to the courthouse and that the Sheriff of this County pay the same out of any monies in his hands belonging to the County Ordered that Court be adjourned until Court in course John T Smith |
