Minutes of the Ashe County, North Carolina Court of Pleas and Quarter Sessions 1806

Ashe County Court Records

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Minutes of the Ashe County, North Carolina Court of Pleas and Quarter Sessions 1806

[Note. Despite the fact that Ashe County, North Carolina was created in 1799, the first extant court records begin in 1806.]

State of North Carolina. Ashe County May Term 1806.

In a County Court begun and held for the County of Ashe on the second Monday being the 12th day of May A.D. 1806.

Present
Alexander Smith
John McBride
Charles Toliver

Grand Jury sworn and empanneled as follows (towit):

Sidniah Maxwell, foreman
James Sturgill
Allen Woodruff
Saml Griffith
Seth Osborn
George Koons
John Green
James Dickson
Levi Pennington
Benj. Hubbard
Charles Kelly
James Mulkey
William Harris
Alexr. Latham
..... Fairchilds

Grand Jury Charged, Edward King constable to attend during court.

A deed from Jesse Reeves to Samuel Percey for 100 acres was duly acknowledged in open court by Jessey Reeves.

A deed from John Holloway to John Stanley for 200 acres was duly proven in open court by oath of Thomas McGimsey

A deed from Moses Woodruff to Larking Pumphrey for 200 acres proven in open court by the oath of John McBride.

A deed from Eli Cleveland to Thomas Holland for 200 acres was duly acknowledged in open court by Eli Cleveland.

A deed from William Jones to Mathias Carpenter for 100 acres was acknowledged in open court by Wm. Jones

A deed from J.... Cox & Joseph Calloway to Eli Clevland for 250 acres was duly acknowledged.

A deed from Daniel Hoppers to Petter Gross for 12 ? acres was duly proven by the oath of Stephen Chappel.

A deed from John Sturgill to James Sturgill for 170 acres was duly proven in open court by the oath of Robert Parsons

A deed from John Koons to Fredrick Severs to 100 acres was duly acknowledged in open court by John Koons

A deed from John Koons to Frederick Severs for 200 acres was duly acknowledged in open court by John Koons.

A deed from Alexander Smith to Thomas Patton for 110 acres was duly acknowledged in open court by Alexr. Smith

A deed from Jesse Tolliver to Joseph Doughton for 100 acres was duly proven in open court by William Lewis.

A deed from Ruben Stringer to Jacob Baker for 200 acres was duly proven in open court by the oath of Ths. Calloway.

A deed from Thomas Rutherford to William Richardson for 100 acres was duly proven in open court by Wm. Weaver.

A deed from Thomas Rutherford to William Richardson for 100 acres was duly proven by the oath of William Weaver.

A deed from Petter Whittaker to Wm. Whitaker for 150 acres was acknowledged by said Peter Whittaker.

A deed from Enoch Chambers to Jordan Council for 250 acres was proven by the oath of Benjamin Brown.

A deed from Theophilus Johnson to Joseph Thomson for 240 acres acknowledged in court by said Johnson.

A deed from James Hurly to Solomon Brooks for 75 acres was duly proven in court by Ephraim Osborn.

A deed from William Pennington to Daniel Dougherty for 50 acres was acknowledged in court by Wm. Pennington.

A deed from William Snow to Daniel Dougherty for 1 acre was acknowledged in open court by Wm. Snow.

A deed from Joseph Miller to William Edwards for 340 acres was duly proven in open court by the oath of Richard Williams.

A deed from Jonathan Smith to John Conch for 50 acres was duly proven in open court by the oath of Micajah Pennington.

A deed from Jesse Hall to Josiah Wallis for 100 acres was duly proven in open court by the oath of James B. Bunyard.

A deed from Jesse Hall to Josiah Miller for 40 acres was duly proven in open court by the oath of Jas. Bunyard.

A deed from James Fletcher to John Cox for 250 acres was duly proven in open court by the oath of Thos. McGimsey.

A deed from Joshua Cox, Sheriff to John Cox for 50 acres was proven in open court by the oath of Thos. McGimsey

A deed from John Hobson [?] to David Coltrain for 200 acres was duly proven in open court by the oath of Jno. McMillan.

A deed from Frederick Yonts to Elisha Blevins for 50 acres was duly proven in open court by the oath of Thos. McGimsey.

Ephraim Norris who was appointed administrator on the estate of Naomi Allison made return of an inventory of sundry articles belonging to the estate of the deceased, ordered by the court that the said Ephraim Norris sell the perishable property of the deceased according to law and made return to next court.

Ordered by the court that Elisha Collins be exempt from working on publick roads by reason of infirmity.

Ordered by the court that Robert Osborn, Senr., Solomon Baker, Robert King, Sidniah Maxwell and James Bunyard, Esqr. Be appointed commissioners to divide and make partition of a certain tract of land called the Cow Camp on the north fork of New River between Silas Reynolds and Elsey Baker Reynolds and make report of the same next court.

William Ray appointed constable entered into Bond of L 500 with Joseph Rolland, Esqr. Security & Qualified accordingly.

Allen Burton appointed constable entered into bond of L500 with William Reeves and John Burton security & qualified accordingly.

Shadrach Calloway appointed constable entered into bond of L500 with Thomas Calloway security and qualified.

Joshua Weaver appointed constable entered into bond of L500 with William Weaver and Isaac Wilborn security, qualified.

Jacob Pope appointed constable entered into bond of L500 with Elijah Pope Esqr. Security and qualified accordingly.

Jacob May appointed constable entered into bond of L500 with James Bunyard, Esqr. Security and qualified accordingly.

Daniel Strunk appointed constable entered into bond of L500 with Thos. Testerman, Esqr. Security and qualified accordingly.

Eli Cleveland County surveyor renews his bond and gives John Callaway & Alexr. Smith, Esqr for security for L2000.

Ordered by the court that William Lewis an orphan be bound to Gideon Lewisuntill he is twenty- one years old who agrees to give him one year schooling a horse, saddle, and bridle worth fifty dollars and freedom suit when free. Bond filed.

Ordered by the court that letters of administration [illegible] on the estate of Ebenezer Fairchild to James Jackson who enters into bond of L500 with Abner Smith security.

Ordered by the court that an order of sale issue to James Jackson to sell the personal property of the deceased Ebenezer Fairchild.

Ordered by the court that Jacob Fees, Junr. Be overseer of the road from the court house to Sqr. Wilcoxon's old place in room of Christian Burkett.

Ordered by the court Charles Francis be overseer of the road from the Mouth of Horse Creek to the Court House road in room of Jacob May.

Ordered by the court Elias Swift be overseer of the road from Baird's Old Field to Vanderpool's mill and Saml Swift, Wm. Jones, ____ Mash, Jno. Adams, John Estep & Ruben Dotson work thereon.

Ordered by the court that Jordan Council be overseer of the road from the wagon ford on New River to the Gap of the Rich Mountain and that Ben Brown, Wm. Hodges, Saml. Northern, Jno. Green, Nathan Risdon, Joel Furgeson and Hagerman's son be the hands to work thereon.

Ordered by the court that Joathan Coleman be overseer of the road from the wagon ford of the river to Laxton's Creek or its waters and the hands from Horton's up to Robert Shearars & all the waters putting in to the river on the south side down to the mouth of Meadow Branch except Reuben Hartley be the hands to work thereon.

Ordered by the court that Landrine Eggars, Wm. Whittington, Elijah Estep, Maths. Harmon, Jas. Holsclaw, Jno. Adams, Archd. McLary, A Stonicipher, Abner South, Wm. Lewis & Linville Ruben Dotson, Jno. Estep, Jas. Campbell and Bendent Baird, Esqr. Ro any 12 of them be a jury to Admr the road if needful from Vanderpools mill to the state line and make report of the same to next court.

The court proceeded to the election of a sheriff, the justices present were: William Weaver, Micajah Pennington, Jno. Calloway, Jno. Koons, Wm. McNeil, Bendent Baird, Wm. Reeves, Joseph Doughton, Alexr. Smith, Jno. McBride, Nathan Horton, James Bunyard, Thomas Testerman, Solm. Baker, Elijah Pope, Charles Tolliver, & Joseph Rolland, Esqrs, after counting out the vots it appears that Martin Gambill was duly elected--and entered into bond of two thousand pounds for his faithful performance of the duties of sheriff and also in another bond of the same sum for the collection and payment of the publick taxes with John Cox and Jesse Reeves securities in both bonds and qualified as the law directs.

William Gambill qualified as deputy sheriff for the present year.

Ordered by the court that the sheriff be allowed the sum of L15.00 and the clerk the sum of L 10 for extra service for the year 1805.

Ordered by the court that the clerk make out a certificate to the Secretary of State to to alter the mistake in a grant form the state to Daniel Eggars No. 588 agreeable to the prayer of the petition.

Ordered by the court that the following justices take in lists of the taxable property in the several captains districts for 1806. Wm. Reeves, Esqr. In Capt. Edwards district; Wm. Weaver in Capt. Mulkey's district, John Calloway in Capt. Calloway's district, David Miller in Brown's; Bendent Baird in Capt Beard's & James Bunyard in Capt. King's district.

Ordered by the court that Wm. Connolly, Esqr. And John Tolliver be judges at the election held at Wm. Maxwell's for the assembly and Wm. Harris and Samuel Phipps judges for Congress election and Wm. Weaver & James Bunyard judges at Court House for Assembly and Alexr. Smith & Jesse Ray for Congress at the Court House and David Miller, Esqr and Capt. Jno. Brown at 3 Forks for assembly and James McCaleb and Henry Earnest for Congress at 3 forks. John Poe
vs.
Thomas Laxton
Case. Jury sworn and empanneled (to wit):

Henry Cornett
Wm. Walters
Isaac Wilborn
John Henson
Michael Crider
Henrey Snow
James Dixon
Jos. Plummer
Boston Grimes
David Edwards
Wm. Snow
Jno. Hall

Jury find the defendant not guilty. Appeal prayed.

Thomas McEntire
vs
Thos. McGimsey
Debt. Jury sworn and empanelled (to wit)

John Henson
Lend. Fouts
Isaac Weaver
Benjm. Brown
Andw. Rolland
Henrey Michael
David Burkhart
Jacob Grimes
Jas. Griffith
Mats. Carpenter
Jacob Fouts
Wm. Henson

Jury find the dollars mentioned in the writting to be worth 10 each. North Carolin currency & that there was payments to the amount of 110 dollars and that the defendant owes and retains L45 and assess the plantiffs damages to L 18/7/6. Appeal prayed by deft & granted. Bond filed

John Tolliver
vs.
Zach T. Osborn
Case. Same jury as in the last suit except Jordan Council in room of Isaac Weaver.
Verdict for plantiff L20 and 6 pence costs.
Appeal prayed and granted. Bond Filed

State
vs.
Henrey Michael
& James Roark
Indictments. Jury sworn and empaneled to wit:

Hillard Griffith
Duglass Dixon
George Miller
Danl. Bumgarer
Isaac White
Philip Workman
Stephen Miller
Jno. Michael
Geo. Bowers
Jno. Couch
Henry Earnest
Michael Crider

Jury find the defts. Duilty as charged in bill of indt. Ordered by the court that the Defts be fined L.2/10 each.

Ordered by the court that the sheriff summon Daniel Hoppers, Saml Phipps, Jacob Bumgarner, Petter Gross, Wm. Allison, Francis Sturgill, Senr., Wm. Snow, Wm. Pennington, Junr., Jas. Richardson, Saml. Stedham, Wm. Richardson, Isaac Hitchcock, Jas. Lewis, Wm. Perkins, Ruben Wallis, Petter Graybeall, Joshua Weaver, Wm. Ray, Ephr. Osborn, Henry Graybell, Benjn. Ward, Carter Whittington, Jno. Estep, Christian Sherar, Wm. Walters, Thos. Calloway, Snr. & [illegible] Little, Christian Burkheart, David Bailey & Andw. Sheets as jurors next court.

Ordered by the court that George Sells be fined 5/ for not attending as a taliman on the jury he being duly summoned by the sheriff.

Jonathan late sheriff delivered up Henry Michael & James [illegible] they are ordered into the custody of Martin Gambill, Shff.

John Den on the demise of Eli Cleveland
vs
David Len [?] & Barton Grimes
Ordered by the court that if the Deft. Which agreed to by the counsel for said defendant, that if he does not file bond with sufficient security as the law direct on Tuesday before next court that judgment by default shall be entered and a writ of possession issued. Ordered.

John McMillan records his mark, viz a cross off the left ear and two slits in the right ear.

State of North Carolina. August term 1806.

At a county court begun and held for the County of Ashe on the second Monday being the 11th day of August A. D. 1806.

Present James Bunyard, John Hash, William Weaver, Esqrs.

Grand Jury empanelled and sworn as follows (and charged)

Thos. Calloway, Foreman
Wm. Perkins
Wm. Snow
Benjamin Ward
Jno Estep
Daniel Hoppers
David Birely
Wm. May
Cater Whittington
Henry Graybell
Wm. Pennington
Saml. Phips
Andrew Sheets
J. S. Weaver
James Lewis

Edward King, constable, sworn to attend the grand jury.

Robert H. Burton, Esqr. Produced his licience to practice as an attorney in the several counties in this state and was admitted as such to the bar of this court.

Micajah Pennington, Esqr. Renews his bond as entry taker & gives security J. L. Calloway, Charles Francis & Wm. Pennington.

William Osborn appointed Constable entered into bond of L500 with J. L. Calloway security & qualified accordingly.

Cyrus Fairchild records his mark thus: A Crop in the left ear

James Jackson administrator of Ebenezer Fairchild deceased makes a return amounting to the usm of L432/10/11 makes the sum of the property sold by the administrator.

Ephraim Norris administrator of Naomi Allison makes return of the property of the said deceased amounting to the sum of $279.42 ? cents, his own demand against the estate is $15.63. The widdow Allison her account against the estate is $51.82 cents and Ephr. Norris is appointed guardian to the child Elisabeth Allison & entered into bond of three hundred pounds with John Calloway security.

A deed from John Williams to John Jones for 100 acres was duly proven in open court by the oath of William Connolly.

A deed from James Campbell to Lawson Goodwin for 208 ? acres was duly proven in open court by the acknowledgement of Campbell.

A deed from Lemuel Lunsford to Mathias Carpenter for 100 acres was acknowledged in open court by sd. Lemuel Lunsford.

A deed from William Johnson to James Campbell for 208 ? acres was duly proven in open court by the oath of Carter Whittington.

A deed from Martin Gambill to James Hart for 100 acres was duly acknowledged by Martin Gambill.

A deed from Landrine Eggars to Ezra Phillips for 200 acres was duly acknowledged by Landrine Eggers.

A deed from Robert Nall to Jonathan Millar for 50 acres was acknowledged in open court by Robt. Nall.

A deed from Timothy Perkins to John Burton of Guilford for 100 acres was duly acknowledged in open court by Tim. Perkins.

A deed from John Bowers to Henrey Dulhire [?] for 30 acres was duly proven in open court by the oath of Henry Hicks.

A deed from Samuel Michael to Henry Dulhire for 50 acres was duly proven in open court by the oath of Richard Williams

A deed from Henrey Miller to Isaac Taylor for 100 acres was duly proven in open court by the oath of Henrey Graybell.

A deed from Wm. Walters to William Henson for 100 acres was acknowledged in court by Wm. Walters.

A deed from Moses Woodruff to Allen Woodruff for 500 acres was duly proven in open court by the oath of J.... McBride.

A deed from John Dick to John Holman for 70 acres was duly acknowledged in open court by Jno. Dick.

A deed from Valentine Brown to David Roughton for sixty acres was duly proven in open court by the oath of Henry Dulhire.

A deed from John Williams to John Jones for 100 acres was duly proven in open court by the oath of William Connolly.

A deed from Owne Sisemore to Petter Hart for 400 acres was duly proven in open court by the oath of Robert Nall.

A deed from Robert Nall to Mathias Poe for 150 acres was duly proven in open court by the oath of Josiah Gambil.

A deed from Joshua Cox & Joseph Callaway to Edward King for 38 acres was proven in open court by the oath of Thos. Callaway.

A deed from Robert Nall to Eli Cleveland for 320 acres was acknowledged in open court by Robert Nall.

A deed from Robert Nall to Eli Cleveland for 50 acres was duly acknowledged in open court by Robert Nall.

A deed from Robert Nall to John Millar for 100 acres acknowledged in open court by Robert Nall.

A deed from Robert Nall to Eli Cleveland for 330 acres was acknowledged in open court by Robert Nall.

A deed from Zach. Simmons to Archd. Mossman & Jas. Johnson for 50 acres was proven by Samuel Cox.

A deed from Alexr. Smith to David Earnest for Lott No. 4 was duly acknowledged in open court by the said Alexr. Smith.

A deed from Joshua Cox, Shff to David Earnest for 77 acres was duly proven in open court by the oath of Thos. Callaway.

A deed from Jos. Cox, Sheriff to David Earnest for 199 acres was duly proven by the oath of Thos. Callaway.

A deed from Adam Bowers to David Earnest for 23 acres was duly proven in open court by the oath of Thos. Callaway.

A deed of gift from Daniel Connor to Rebecca Connor to sundry articles was duly proven by the oath of Thos. McGimsey.

A bond from Robert Nall to John Cox for L50 was duly proven in open court by the oath of Cornelius Sales.

Ordered by the court that William Osborn be overseer of the road in room of Robert Osborn the same hands continued.

Ordered by the court that Samuel Hix be overseer of the lower end down the Wawtaga and then hands from his up & Jas. Dobson and up Cove Creek ending, Cutliff Harmon to work thereon.

Ordered by the court that Archd. McLroy be overseer of the road from Bonds' Old Field to the [illegible' and that Wm. Jones, Elias Swift, Sam [illegible], Hugh Eggars, Wm. Davis, Jas. Campbell, Brasil Est...., Goloson Davis, Absalom Smith, Ezra Stoneycipher, Abner Smith, John Adams, John Estep and Reuben Dotson be the hands to work thereon.

Ordered by the court that Benjamin Ward, Nathan Horton & Caleb Isaacs lay off as much of the estate of the Widdow [illegible] as would be sufficient for her support for one year.

Ordered by the court that Zach. Baker be overseer of the road from the post ford in the Brushy Fork to where it joins Cranberry road and the [illegible] of hands to be continued.

Ordered by the court that David Hollar, Esqr., John Brown, Jno. Rees, Joseph Brown and John Green divide the real estate of Ebenezer Fairchild, deceased among the heirs agreeable to peition of Jas. Jackson, Adminr.

Ordered by the court that Alexr. Smith keep the chain that is bound chain untill next court and be allowed something form the county and the be disposed of as the court may see cause.

James Bunyard, Esqr. County trustee has settled in full to the court for the year A.D. 1803.

Ordered by the court that a certificate issue to Cornelius Sale for his atendance to prove a bond from James Fletcher deceased to John Cox for the sum of L 10/16/4.

Ordered by the court that George Grubb & Jonathan Ketton be exempt from paying a poll tax.

Ordered by the court that the commissioners appointed to divide the lands of the widow Reynolds on the North Fork be allowed one dollar per day for their trouble.

Also that the clerk be allowed 10/ for recording the proceedings.

A list of the taxable property in Capt. Edwards District was returned by Wm. Reves, Esqr.

A list of the taxable property in Calloway's by Esqr. Calloway.

A list of the taxable property in Capt. Brown's by Esqr. Millar.

A list of the taxable property in Capt. Baird's by Esqr. Baird.

A list of the taxable property in Capt. King's returned by Esqr. Bunyard.

Henry Michael delivers up Stephen Miller he is ordered into the custody of the sheriff.

Ordered by the court that the sheriff summon Jacob Brinegar, Petter Gross, Jas. Richardson, WM. Richardson, Isaac Hitchcock, Talton Woodie, Ephm. Osborn, Thoas. [illegible], Landrine Eggers, Robert Burton, Jordan Council, John Ray, Big Christian Burkurt, Jas. Griffith, George Bowers, Lend. Bumgarner, Jno. Ellar, Capt. Gideon Lewis, Alexr. Latham, Charles Roark, Jno. Long, Wm. Tolliver, Francis Bryan, Saml. James, Jno. Connolly, Jos. Caldwell, Jno. Dickey, Joshua Cox, Mathias Poe, Stephen Baldwin as jurors to next court.

Joseph Plummer
vs
Wells Blevins
Appeal. Jury sworn & empaneled

Francis Sturgill
Christian Burkett
Saml. Stedham
Wm. Walters
Christian Shearer
Reuben Wallis
Wm. Allison
Petter Graybell
Wm. Phips
Jas. Dixon
Wm. Henson
Wm. Adkins

Jury find for the plantiff 12/6 & costs.

George Sells
vs
Wm. Tirey
Slander. Same Jury as above.
Jury find for the plantiff, L2/10 & 6 pence.

Timothy Perkins
vs
George Sells
Case. Jury Sworn and empaneled (to wit)

Henry Johnson
Wm. Harris
Jno. Hitchcock
Jesse Tolliver
Jno. Tolliver
David Burkurt
Jesse Ray
George James
Jno. Hall
Thadeus Lewis
Wells Blevins
Jas. Plumer

Jury find for plantiff the sum of L5/0 and assess damages 6.00.

George Reves
vs
Wm. Allison
Appeal. Jury sworn and empanelled (to wit)

Francis Sturgill
Saml. Stedham
Christian Shearer
Chris. Burkhurt
Wm. Walters
Reuben Wallis
James Cash
Abram Potter
Jno. Overton
Mathias Carpenter
Ruben Potter
Daniel Bumgarner

Jury find for the defendant payment in full for note [illegible} in wart, and ordered by court that the open account caprefied in wart be and proven or called in question as the above note, fills the said warrant and that the ballance of one pound twelve shillins & 1 penny be allowed the Deft., of articles proved and the plantiff be allowed withdraw his open account.

State of North Carolina, Ashe County by virtue of an order of the County Court directing us the subscribers commissioners to make division & partition of a tract of land called the cow camp which the plat thereunto annexed is a representation of the part assigned to Silas Reynolds the upper part of one hundred and twenty five acres to said Silas Reynolds and the lower part of 125 acres to Elsy Baker Reynolds by a singular plat the said Silas Reynolds and Elsy Baker Reynolds being copartner in the original tract of land by virtue of the last will and testament of Thomas Reynolds deceased, and we the commissioners being together with the surveyor onsaid original tract at Cow Camp on the 12th day of July A. D. 1806 do value the lower part to be worth twenty five dollars more than the upper part of said tract.

Signed by Jas. B. Bunyard, Solm. Baker, Robt. King, Robt. Osborn, Sidn. Maxwell.

State of North Carolina July the 12th 1806.

We the commissioners that was appointed by the county court of Ashe did proceed on the day above mentioned to lay off to Elsey Baker Reynolds one hundred and twenty five acres the lower end of a 250 acre tract lying on Cow Camp Creek known by the name of Cow Camp land left to the said Elsa Baker Reynolds by Franics Reynolds deceased, in his last will and testament, beginning at a sugar tree and ash the beginning corner of the survey running west with the old line one hundred and sixty six poll to a buckeye the old corner then south with the old line 80 polls to an Ashe the old corner then west 14 polls with the old line to a Cherry tree the old corner then south 37 polls to a beech on the old line then east 180 polls to a cucumber i the old line then to the first station. Signed.
Sidniah Maxwell
Robt. King
Robt. Osborn
Solm. Baker
Commissioners

State of North Carolina July the 12th 1806. We the commissioners that was appointed by the county court of Ashe did proceed on the day above mentioned to lay off to Silas Reynolds one hundred and twenty five acres the lower end of a 250 acre tract lying on Cow Camp Creek known by the name of Cow Camp land left to the said Silas Reynolds by the last will and testament of Francis Reynolds deceased, beginning at a beach the corner of the division in the old line running south with the old line 95 polls to a sugar tree the old corner then east with the old line 140 polls to a Pish Oak the old corner then south with the old line 68 polls to a maple the old corner then east 40 polls along the old line buckeye the old corner then north with the old line 163 polls to a cucumber a corner of the division then to the first station. Signed

Jas. Bunyard
Sidniah Maxwell
Robt. King
Robt. Osborn
Solm. Parker

Ordered by the court that duplicate warrants issue to Alexr. Smith, Esqr. For 5 locations of land, which was entered in Wilks County before the division (to wit): No. 1003 containing 640 acres, No. 1806 containing 200 acres, No. 1808 containing 200 acres, all entered in the name of Thomas Teary and No. 96 containing 125 acres entered in the name of Wm. Jackson and No. 7 containing 400 acres entered in the name of Thomas Pain.

Ordered by the court that a duplicate to warrant issue to Eli Cleveland for No. 250 contianing 200 acres entered in the name of Benjamin Cleveland in the entry taker of Wilkes' office.

State of North Carolina, Novr. Term 1806

At a County Court of Pleas and Quarter Sessions begun and held for the county of Ashe at the court house in Ashe on the second Monday being the 10th day of Novr. A. D. 1806.

Present: James Bunyard, Alexr. Smith, & Elijah Pope, Esqrs.

Grand jury empanelled and sworn, charged.

Jesse Ray, foreman
Talton Woodie
Leond. Bumgarner
Jacob Bringar
Ephm. Osborn
John Ellar
Petter Gross
Christ. Burkurt
Alexr. Latham
Jas. Richardson
James Griffith
John Long
Wm. Richardson
Geo. Bowers
Stephen Baldwin

Shadrach Calloway constable sworn to attend the grand jury.

A deed from Daniel Resslar to Daniel Bumgarner for 100 acres was proven in open court by the oath of John Bumgarner.

A deed from Daniel Resslar to Daniel Bumgarner for 50 acres was proven in open court by the oath of John Bumgarner.

A deed from Elijah Jennings to Jacob Faw for 300 acres was duly acknowledged in open court in Elijah Jennings.

A deed from Joshua Badger to John Stanly for 100 acres was proven in open court by the oath of Benjamin Crabtree.

A deed from Wm. Reed to John Reed for 68 acres was duly proven by the oath of Edward King.

A deed from Thomas Laxton to William Hill for 100 acres was duly proven in open court by the oath of John McMillan.

A deed from Benjamin Herndon to John Cox, for 500 acres was duely proven in open court by the oath of Thos. McGimsey.

A deed from Andrew Ferguson to John Couch for 100 acres was duly proven in open court by the oath of Jonathan Couch.

A deed from Andrew Ferguson to John Couch for 100 acres wwas duely proven in open court by the oath of Jonathan Couch.

A deed from the commissioners of Ashe to Neely Dalton for Lott No. 21 proven by the oath of Alexr. Smith.

A deed from Alexr. Smith to John Ellar for 250 acres was acknowledged in open court by Alexr. Smith.

A deed from John Wyatt to Moses Dixon for 50 acres was duly proven in open court by the oath of John McMillan.

A deed from James Crawford to Joshua Carter for 200 acres was proven in open court by the oath of James Maxwell.

A deed from Jacob Gross to Petter Gross for 101 acres was duely proven in open court by the oath of James Maxwell.

A deed from Henry Waggoner to Adam Waggoner for 250 acres was duly proven in open court by the oath of Jas. Maxwell.

A deed of gift from Robert Cole to John & Sarah Carter for 200 acres of land proven by the oath of James Maxwell.

A deed from Edmund Jones to Jacob Brinegar for 149 acres was duely proven in open court by the oath of Thos. McGimsey.

A deed from George Chappell to Adam Waggoner for 175 acres was proven by the oath of Richard Williams.

A deed from Thomas Hubbard to George Tirey for [blank] acres was duly proven by James Bunyard.

A deed from Landrine Eggars to William Johnson for 100 acres was duely proven by the oath of Joel Johnson.

A deed from Samuel Curtis to William Johnson for 208 acres was duly proven by the oath of Joel Johnson.

A deed from Robert Nall to Joshua Weaver for 50 acres was proven in open court by the oath of Eli Cleveland.

Ordered by the court that John Bowers, John Resslar, & Joseph Resslar assess the town lotts and make return to next court.

Ordered by the court that the sheriff advertise at the court house the making of stocks & whipping post to be undertaken by the lowest bidder on the 2d day of next court and paid out of the county treasury.

Ordered by the court that John Koons, John Ellar, Abram Shearer, George Sells, Jonathan Baker, Henry Michael, Wm. Pennington, Junr., Christian Shearer, David Earnest, Jno. Henson, Conrood Grubb, Wm. May, Jacob May, Petter Eller, Micajah Pennington, Esqr., or any 12 of them be a jury to view and lay of a road from Petter Ellars across the Phenix Mountain to Christian Searer and make report to next court.

Ordered by the court that John Burkurt be overseer of the road from [illegible} Mill to Thos. Calloway, Junrs.

Ordered by the court that Jas. Wilborn, Junr. Be overseer of the road from Wilborn's place to the ford of little creek & all the hands from Pine Swamp to the Widdow Black be ordered to work thereon.

Andrew Sheets records his mark thus a smooth crop in the left ear and [illegible] over heel in the right ear.

Ordered by the court that Abram Potter, Parmenus Howard, Charles Roark, Robert Osborn, Senr., Robert Osborn, Junr., Gideon Lewis, Solomon Baker, Robert King, Edward King, Vincen Hollonsworth, Alexr. Latham, Sidniah Maxwell & Eli Ragon or any 12 of them be a jury to view and turn a road rout the plantation of Bilim [?] Gray and make report next court.

Ordered by the court that Allen Woodruff, Francis Bryan, John Williams, Adam Waggoner, Henry Waggoner, Starling Edwards, Nimrod Fender, John Connolly, Wm. Moxley, Abram Millar, Jno. Burton, Cornelius Vanover, Jesse Tolliver, Wm. Edwards, Jesse Tolliver, Joshua Carter and James Maxwell or any 12 of them be a jury to view and lay of a road from Happerson's road between little river and Glad creek the most convenient way by Maxwell's Mill into the road from Elk Spur to the furnace & make report &c.

Ordered by the court that the sheriff summon Samuel James, _____ Tolliver, Senr., Francis Bryan, Jno. Connolly, Wm. Edwards, Robt. Baker, Jordan Council, Gideon Lewis (Capt.), Charles Roark, Thos. Calloway, ____ Suky, Joshua Cox, James Frissee [?], Timothy Perkins, Daniel Dougherty, Adam Walker, Mathias Carpenter, Wm. May, Christ. [illegible], Michael Porter, David Baily, James Dixon, David Smith, [name illegible] John Bronw, J. L. Perkins, Elijah Calloway, Landrine Eggers, Samuel Jones, Thomas Triplett as jurors to next court.

Ordered that Henry Miller be overseer of the road from the five mile post to the top of the [illegible] and that [illegible] to work thereon.

Ordered by the court that James Mulkey be overseer of the road from Cramberry to Prather's Creek and to have same hands, and Tho. Williams to work thereon.

Ordered by the court that Henry Bare be overseer of the road from the Island Ford to the 5 mile post and the hands from the Ford to Daniel Millars that formerly worked to be continued.

Ordered by the court that Reuben Hartley be overseer of the road from the forks of the road to Jackson's Mill in room of Cyrus Fairchilds and the old bounds of hands continued.,P> Ordered by the court that the ten pound forfeiture in the execution Abram Rolland vs. Joel Gibson & Ben. Long be deducted out the said execution and the sheriff is not to collect the same.

Ordered by the court that James Griffith take the orphan boy Hiram Donaldson and keep him till next court and he the said Griffith to have reasonable allowance for his trouble.

Ordered by the court that an execution issue against Stephen Millar for 4 shillings being the costs of serving warrant by Shad. Cally.

Ordered by the court that Emanuel Custard be exempt from working on public roads.

Wm. Connolly, Esqr delivered into court the recogniz of Dempsey Massingale and Elisabeth Overton in a case of bastardy. Ordered by the court that they payors fine but the costs recogniz.

Cornelius Sale
vs
John Cox
Appeal. Jury sworn and empanelled.

Daniel Millar
Wm. Pennington
Columbus Brown
Michael Crider
Charles Francis
Demsey Massingale
Andw. Roland
Jacob Fees
Christian Shearer
Jno. Couch
Jno. Hall
Daniel Bumgarner

Mistrial.

Wm. Atkins appointed constable entered into bond of L500 with James Bunyard, Esqr security and qualified accordingly.

Ordered by the court that Mary Sparkman an orphan girl of eight and one half years old be bound unto Isaac Weaver till she is eighteen years, who agrees to give her one years schooling, a feather bed, a cow and calf & spinning wheel and a freedom suit.

Ordered by the court that Duplicate warrants issue to Thomas Callaway for No. 111 containing 90 acres entered in the name of Jacob Hover & No. 60 containing 100 acres entered in the name of Thos. Tearry & No. 59 entered in the name of Clap. Tompson containing 100 acres, also No. 918 containing 50 acres entered in the name of Clap Thompson.

Ordered by the court that seria facia issue against the delinquent jurors that did not attend this court.

A list of the taxable property in Capt. Mulky's District was returned by William Weaver, Esqr.