Minutes of the Ashe County, North Carolina Court of Pleas and Quarter Sessions 1807

Ashe County Court Records

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Minutes of the Ashe County, North Carolina Court of Pleas and Quarter Sessions 1807

[Note there are many instances of illegible entries in this record. Some of these could no doubt resolved by consulting the originals.]

State of North Caroina. February Term. A. D. 1807.

At a County Court begun and held for the County of Ashe on the 9th day of February being the second Monday of sd. Month.

Present: James Bunyard, Elijah Pope, Jonathan Baker, Esquires

Grand Jury, balloted and sworn as follows, towit:

Jno. Brown, foreman
Jas. Dixon
Jordan Council
Morris Baker
Robt. Burton
Samuel James
Jno. Dick
Landrine Eggers
Charles Roark
Tim Perkins
James Reslar
Chas. Burkurt
Jos. Caldwell
Maths. Carpenter
Jno. Connolly

A deed from David Fouts to David Burkurt for 73 acres was duly proven in open court by Abram Ballard.

A deed form Robert Hall to David Burkurt for 100 acres was duly proven in open court by the oath of Joseph Reslar.

A deed from David Burkurt to Jos. Reslar for 218 acres was duly proven in open court by the oath of John Reslar

A deed from John Burton to Jacob Lyons for 300 acres was duly proven by the oath of William Harris.

A deed from William Johnson to Henry Hatley for 100 acres was duly proven in open court by the oath of Beverly Whittington.

A power of attorney from Archibald Jacaway to Valentine Brown was duly proven by the oath of David Rotton.

A deed from Joshua Weaver to Isaac Taylor for 100 acres was duly proven in open court by the oath of Eli Cleveland.

A deed of gift from Jesse Ray to Peggy Baily was duly proven in open court by the oath of Joseph Calloway.

A deed from James Blevins to John Jones for 125 acres was duly proven in open court by the oath of Elisha Baldwin.

A deed from John Burton to Enoch Osborn for 50 acres was duly proven in open court by the oath of Wm. Reves.

A deed from Abram May to John Dick for 30 acres was duly proven in open court by the oath of Isaac Taylor.

A deed from Caleb Dyer to William Johnson for 150 acres was duly proven in open court by the oath of Carter Whittington.

A deed from Archd. Mossman & James Johnson for 50 a cres was duly proven in open court by Thomas McGimsey.

Ordered by the court that the sheriff shall summon a jury to attend at any February term while the present superior court system continues.

Ordered by the court that Luke White have leave to build on his own lands at the mouth of Phennix Creek.

Michael Carter records his mark, a slitt in the left ear.

Joel Ketchum records his brand to wit, branded with a [illegible] on the left side of the rump & a swallow fork on the left ear & [illegible] on the right.

Francis Bryan, Wm. Edwards, and Joseph [illegible] excused for [illegible] jurors this term.

James Cook records his mark thus a crop and slitt & under keel on the right ear.

Elijah Calloway and Mathias Harmon who were appointed justices of the peace for Ashe County came forward & desired to be qualified but as the commission from the governor were not present on the oath of Jos. Callaway who saw the commissions, but order of court they were qualified by taking the oaths.

Braxton Bryan
vs.
Wm. Ray
Appeal. Jury sworn & empanelled to wit:

William Tolliver
Wm. May
Wm. Henson
J. L. Cox
Wm. Walters
Matthias Poe
Adam Walker
James Cash
Elisha Blevins
Gideon Lewis
Saml. Griffith
Jno. Ellar

Jury finds no payments and that the Deft. Owes & detains L. 10/19/4 & 6 pence costs.

Braxton Bryan to the use of Hart & Walls
vs
J.L. Callaway
Appeal. Same Jury as above. Verdict for plantiff, L1/10/9.

Jabez Perkins
vs
Elisha Blevins
Appeal. Jury sworn as follows

Wm. Tolliver
Petter Graybell
Jno. Michel
Joshua Cox
Jas. Hall
Luke White
[illegible]
Jno. Burton
Henry [illegible]
Wm. Ray
Henry Collins?
David [illegible]

[Verdict illegible]

John Hall
vs
Jacob Eller
Trespass. Jury sworn and empanelled as follows.

Joshua Cox
Henry Dulhire
Joseph Callaway
Gideon Lewis
Jno. Michal
James Cash
Petter Graybell
Henry Michal
George Sells
Jno. Burton
David Earnest
Mathias Poe

Jury find for plantiff nominal damages 1 penny.

John Hall
vs
Wm. Pennington
Trespass. Same jury as above. Jury find for pltff nominal damages 1 penny.

John Cox
vs
John Welsh
Attachment. James Johnson being called as a guarantee failed to answer.

The jury appointed to [illegible] the road from Daniel Hoppers road into the Elk Spur road made report that it is no road.

The jury appointed to view the road across the Phennix Mountain to Shearers saw until make report (not agreed)

Ordered by the court that Eli Hodgson be overseer of the road in room of Sidniah Maxwell & the same hands continued.

Ordered the court that Stephen Chappell be overseer of the road from Little river to [illegible} mountain.

The jury appointed to view the road round Bilim Gray's plantation made report that said road be turned.

Sidney Bumgardner bound in the sum of one hundred pounds with Henry Mitchell security for to keep her child from being chargable to the county he having paid her fine to James Bunyard chairman.

Carter Whittington being appointed a constable entered into bond with Bendent Baird, & J. L. Callaway securities in the sum of L500 and qualified accordingly.

Henry Hardin being appointed constable enters into bond with Wm. Reves security in the sum of L500 & qualified.

Ordered by the court that an order of sale issue against the lands of James Sturgill for the sum of L2/5/8 & costs for Ed. King.

Ordered by the court that the sheriff summon James Lewis, Daniel Duherty, Wm. Perkins, John Hichcock, Alexr. Latham, Isaac Weaver, Jnr., Jno. Henson, Chs. Francis, Levi Pennington, Arcd. McLroy, Wm. Davis, Jno. Estep, Jonathan Colman, Jno. Norris, Jno. Green, Wm. Greer, Sam. Wilcoxon, Snr. Jacob Baker, David Houke, Wm. Houke, Big Christian Burkurt, Chris. Sherrar, Geo. Millar, Geo. Koons son of Jno., Wm. Baldwin, Batt. Austin, Jesse Tolliver, Jno. Williams, Danl. Hoppers, Josiah Connolly, as jurors next court.

Ordered by the court that the sheriff collect the same taxes as last year, to wit: 6/& 3 pence on the poll & 2/1 penny on the hundred acres of land state tax & poor tax included.

Ordered by the court that the sheriff sumn. Jno. McMillan, Richd. Williams, Jno. Koons, Wm. Gambill, Jesse Ray, Jno. Hash, Sam Cox, Eli Cleveland, Wm. Snow, Jos. Doughton, Jos. Cox, Elijah Callaway, Alexr. Johnson, Meredith Ballow, James Bunyard, Nathan Horton, Jno. Holman, Jno. McBride, Jas. Mulkey, David Earnest, Wm. Connolly, Henry Johnson, [illegible}, Jonathan Baker, Elijah Pope, J. L. Plummer, Wm. Weaver, J. L. Couch, Morris Baker, & Jno Brown as jurors to attend at March Superiour Court.

Know all men by these presents that I William Pepper, Senior of Frederick County, State of Maryland have constituted, made and appointed and by these presents do constitute make & appoint my trsuty & loving friend Henry Dulhewer of Ashe County State of North Carolina my true & lawfull attorney for me and in my name and stead and to use to ask, demand, sue for levy and recover and receive all such sum and sums of money, debts, rents, goods, lands and other demands whatsoever belonging to the estate of my father-in-law Andrew Young deceased all and singular the part or parcel of land with houses and barns in the same state of N. Carolina owning payable due or belonging to me or detained for me any manner or way or means whatsoever respecting that part or share which by deed of And. Young deceased is due unto me and only that part what is in the State of N. Carolina given and granted unto him him said attorney by these presents full and whole power strength and authority in and about the presmises to have use and take all lawfull ways and means in my name for the recovery thereof and upon the receipt of any such debts dues or sums of money afforesaid aquittances or other sufficient discharged for me and in my name to make seal & deliver and generall all and every other act and acts, thing and things service & levies in the law whatsoever needful and necessary to be done in and about the premises for me and in my name to do execute & perform as fully largely and amply to all intents and purposes ought to could do if I myself were personally present or as if the matter more special authority than is herein given and attornies one or more under him for the purpose aforesaid to make and constitute and again at pleasure to revoke, ratifying allowance for him effectual all and about the premises by viture hereof---- in Frederick County, State of Maryland the tenth day of October A. D. One thousand eight hundred and two in the twenty-seventh year of American Indpendence.

Signed, sealed and delivered in presence of J. P. Jim Smith.

Signed Wm. Pepper (Seal)

Frederick County, State of Maryland

On the 4th day of October 1802 came William Pepper, Senr. & before me the subscribing justice of the peace for the county aforesaid and acknowledged the within power of attorney to be his act and deed accordingly to the true intent and meaning thereof.

Acknowledged before me. Jos. Sim Smith.

State of Maryland & Frederick County &c.

I hereby certify that Jos. Sim Smith Gent. Before whome the above acknowledgement was made & who hath hereunto subscribed his name was at the time thereof a justice of the peace in & for the County aforesaid duly commissioned and sworn--in testimony whereof I have hereunto set my hand and affixed the seal of Frederick County Court the 8th day of October 1802.

State of Maryland, Fifth District
Wm. Ritchie, Clerk of Frederick County.
I William Claggett, Chief Justice of 5th Judicial District for the state aforesaid which district is composed of the counties of Frederick, Washington, Montgomerie & Allegenny do certify that the foregoing [illegible]

Wm. Ritchie clerk of Frederick County in due form given under my hand and sela this 8th day of October 1802.

William Claggett {Seal}

State of Maryland
Frederick county to wit, I abram Shaver associate justice of Frederick county Court do at the inststance of Henry Dulhower order that Wm. Ritchie whose name is annexed to the foregoing ceritifcation is clerk of Frederick County aforesead and [illegible] laws of the state of Maryland made competent to record of any instrument of writing which by the said law is or may require recording given under my hand and seal this the 8th day of Jan. 1803.

Abram Shaver {Seal}

Know all men by these presents that I Eve Dorthae Young, Widdow of Andrew Young, deceased living now in Frederick County, State of Maryland have constituted, made and appointed and by these presents do constitute make and appoint my trsuty & loving friend Henry Dulhewer of Ashe County State of North Carolina my true & lawfull attorney for me and in my name and stead and to use to ask, demand, sue for levy and recover and receive all such sum and sums of money, debts, rents, goods, lands which are or shall be due owning payable or belonging to me or detained from me any maner or ways or means whatever as fas as respects my right and title claims & deman of a certain plantation where Andrew Young died lying in Ashe County, State of North Carolina where I have the right tittle claim to prosses a dowrey during life time & the rents thereof due me giving and granting unto him said attorney by these presents full and whole power strength and authority in and about the presmises to have use and take all lawfull ways and means in my name for the recovery thereof and upon the receipt of any such debts dues or sums of money afforesaid aquittances or other sufficient discharged for me and in my name to make seal & deliver and generall all and every other act and acts, thing and things service & levies in the law whatsoever needful and necessary to be done in and about the premises for me and in my name to do execute & perform as fully largely and amply to all intents and purposes ought to could do if I myself were personally present or as if the matter more special authority than is herein given and attornies one or more under him for the purpose aforesaid to make and constitute and again at pleasure to revoke, ratifying allowance for him effectual all and about the premises by viture hereof---- in Frederick County, State of Maryland the tenth day of October A. Dom. 1802 in the XXVII of American Indpendence.

Signed, sealed and delivered in presence of And. Shriver, Jno. Miller

Signed Eve Dorthey {X} Young (Seal)

Frederick County, State of Maryland

On the 30th day of September 1802 personally appeared before me on of the justices of the peace for the county Eve Dorthy Young and did acknowledge the within power of attorney to be her act and deed and therein named Henry Dulhewer to be her true & lawfull attorney for the purposes theron mentioned witness my hand.

State of Maryland & Frederick County &c.

I hereby certify that Andrw. Shrever Gent. Before whome the above acknowledgement was made & who hath hereunto subscribed his name was at the time thereof a justice of the peace in & for the County aforesaid duly commissioned and sworn--in testimony whereof I have hereunto set my hand and affixed the seal of Frederick County Court the 8th day of October 1802.

State of Maryland, Fifth District
Wm. Ritchie, Clerk of Frederick County.
I William Claggett, Chief Justice of 5th Judicial District for the state aforesaid which district is composed of the counties of Frederick, Washington, Montgomerie & Allegenny do certify that the foregoing [illegible]

Wm. Ritchie clerk of Frederick County in due form given under my hand and sela this 8th day of October 1802.

William Claggett {Seal}

State of Maryland
On the 16th day of January 1805 personnally appeared John Millar a witness to the foregoing power of attorney before me the subscriber a justice of the peace in and for the county aforesaid and upon his solemn affirmation declareth that he was present at the time at the house of Andr. Shriver, Esqr. When he saw Eve Dorthea Young sign, seal & acknowledge the foregoing power of attorney and Henry Dulhewer thereon named to be her true and lawfull attorney according to the true intent and meaning thereof. Sworn before John Wampler. Sworn before me John Wampler. State of Maryland & Frederick County Court I hereby certify that John Wampler gentleman before whome the aforementioned John Millar was taken and who hath thereon to subscribed her name was at the home time thereof a justice of the peace in and for the county aforesaid duly witnesses & sworn

In testimony whereof I have hereto subscribed my name & affixed the seal of Frederick County Court the 23 of Janr. 1809, Wm. Mitchell, C.C.

State of Maryland Frederick County I Abram Sharver associate justices of Frederick County Court as at the instance of Henry Dulhewer certify that Wm. Ritchie whose name is annexed to the foregoing certificatation is clerk of Frederick County aforesaid and as such is by the laws of the state of Maryland made competent to the record of any instrument of writing which by the said laws do or may require recording given under my hand and seal the 23rd of Jan. 1805.

Ordered by the court that letters of Administration be granted unto Leonard Whittington on the estate of Wm. Whittington deceased, the said administrator entered into bond of L1000. Mathias Workman and Jos. Callaway security, & an order of sale issued.

A deed from Samuel Robinett to John Cox for 200 acres was duly proven in open court by the oath of Thos. McGimsey.

A deed from Joshua Cox, Sheriff to John Cox for 40 acres was duly proven in open court by the oath of Thomas McGimsey.

A deed from Samuel Robinett to John Cox for 150 acres was duly proven in open court by the oath of Thomas McGimsey.

A deed from John Witherspoon to John Cox for 616 acres was duly proven in open court by the oath of Thos. McGimsey.

A deed from James Cox to John Cos for 140 acres was duly proven in open court by the oath of Thos. McGimsey.

A deed from Robt. Nall to John Cox containing 1170 acres in five tracts was duly proven by the oath of Thos. McGimsey.

A deed from Robert Nall to John Cox for 1523 acres in 6 tracts was duly proven by the oath of Thomas McGimsey.

A deed from William Terrell toJohn Cox for 640 acres was duly proven in open court by the oath of Thomas McGimsey.

A deed from Danforth Jones to Joshua Witherspoon for 616 acres was proven by the oath of David Witherspoon.

A deed from Joshua Witherspoon to W. J. Witherspoon for 616 acres was proved by the oath of James Witherspoon.

State of North Carolina, Ashe County.

May Term A.D. 1807. In a County Court begun and held in the County of Ashe on the second Monday being the 11th day of May A. D. 1807.

Present

David Miller
Mathias Harmon
Thomas Testerman
William Conley
Jno. Calloway
Chas. Tolliver
Jno. McBride
Jos. Rowland
Wm. Weaver
Alexander Smith
Nathan Horton
Wm. Reaves
Micajah Pennington
Elijah Pope
Meredith Ballou
Jas. Bunyard
Jonathan Baker
Jno. McMillan
Solomon Baker
Elijah Callaway
Jos. Doughton
Wm. McNeal
Bendent Baird
Jno. Hash

The Court proceeded to the Election of County Court Clerk. After counting the votes it appeared that David Earnest was duly elected and entered into bond of two thousand pounds for his faithfull performance of the duties of clerk with James Bunyard, Esqr. & Alexander Smith, Esqr. Securities, and qualified as the law directs.

Grand Jury drawn and impaneled as follows, to wit:

Samuel Willcockson, Foreman
Jno. Hitchcock
Jesse Tolliver
[illegible]
Wm. Greer
Wm. Perkins
Christian Burket
Barthlowmew Ousten
John Green
Christian Shearer
Wm. Houck
Isaac Weaver
James Lewis
David Weaver
Jno. Norris

Grand Jury Charged. Willam Adkins, constable to attend during court.

The Court proseded in the election of Sherif the justices present

David Miller
Mathias Harmon
Thomas Testerman
William Conley
Jno. Calloway
Chas. Tolliver
Jno. McBride
Jos. Rowland
Wm. Weaver
Alexander Smith
Nathan Horton
Wm. Reaves
Micajah Pennington
Elijah Pope
Meredith Ballou
Jas. Bunyard
Jonathan Baker
Jno. McMillan
Solomon Baker
Elijah Callaway
Jos. Doughton
Wm. McNeal
Bendent Baird
Jno. Hash

After counting out the votesit appeared that M. Gambill was duly elected and entered into bond of one thousand pounds for his faithful performance of the duties thereof with Jesse Reeves, Jno. McMillan, [illegible] & Joshua Cox securities and qualified as the law directs.

Shadrack Callaway came in open court and was qualified in as deputy sheriff.

Ordered by the court that Martin Gambill sherif be allowed L15.00 for his extra servises for 1806.

Ordered by the court that Clerk be allowed the same for extra servises as for the year 1806.

George Bower appointed constable entered into bond of L500with Jonathan Baker, Esqr security and qualified accordingly.

Joshua Jones appointed constable entered into bond of L500.00 with William [illegible], Esqr security and qualified accordingly.

Elijah Estep appointed constable entered into bond of L500 with Matthias Harmon, Esqr, Capt. Jos. Brown security and qualified accordingly.

[illegible entry]

Allen [illegible] appointed constable entered tinto bond of L500 with [illegible] security and qualified accordingly.

A deed from Antony Rees to Richard Wood for 40 acres proven by the oaths of David Millar.

A deed from Jesson Mainer to John McCan for 200 acres proven by the oath of William Conley.

A deed from William Reeves to John Long for 200 acres acknowledged in open court.

A deed from Isaiah [remainder of entry illegible]

A deed from [illegible} for 125 acres proven in the oath of John McBride.

A deed from Isaac Spencer to Nathan Pope for 50 acres proven by the oath of Daniel Dougherty.

A deed from [illegible] William to John Mays for 50 acres proven by the oath of Joseph Mays.

[Seven land transactions on bottom of original page 35, illegible].

William Yates being duly sworn sayeth that he owes Helm and firm nothing that he paid paid him by driving cattle and hogs and paid William Gambill $3.75 and knows no other person that owes the firm.

Charles Williams sayeth he owes Helm and firm nothing.

James Williams sayeth he owes Helm and firm nothing.

Daniel Robins being sworn sayeth he owes Helm and firm $2.69 execution stayed 2 months.

Josiah Fouts being sworn sayeth that he owes Helm and firm nothing.

Edward King being sworn sayeth he owes Helm and firm $2.93 execution stayed 2 months.

Luke White being sworn sayeth that he owes Helm and firm nothing.

John Richardson being sworn sayeth that he owes Helm and firm nothing.

Isaac White being sworn sayeth that he owes Helm and firm nothing.

Elijah Calloway being sworn sayeth that he owes Helm and firm nothing.

Daniel Jones being sworn sayeth that he owes Helm and firm 2/6 paid [illegible]

John Campbell being sworn sayeth that he owes Helm and firm nothing.

Thomas Testerment being sworn sayeth that the owes Helm and firm 3/ and no more.

Ordered by the court that the sherif summon no jury for August term next.

Ordered by the court on motion John Cox be discharged from garnishment in case William Conley against Robert Nall.

Ordered by the court that the commssions dividing the land belonging to the estate of Ebenezer Fairchild, deceased be allowed one dollar each.

Ordered by the court that the Sherif collect 2/ forevery L100 worth of town property for the use of the county for the year 1806.

Ordered by the court [remainder of order illegible]

Ordered by the Court that Philip Church be overseer of the road from Esquire [illegible{ to the Grassy Island [remainder illegible]

Ordered by the court that Jesse Greer be overseer of the road from [illegible] to Jackson's Mill and the forks from it to Grassy Island [remainder of order illegible]

Ordered by the court Andrew Rowland be overseer of road in room of Jacob Feese.

Ordered by the Court that John Baker be overseer of the road in room of James Sturgill.

Ordered by the court that Robert Shearer by overseer of the road in room of Jonathan [illegible} the same hands and roads.

Ordered by the court that a jury be summoned to view and lay off a road from Richard Williams to Joseph Damsons to wit:

Richd. Williams
William Conelly
[illegible]
Chas. Tolliver
Young Edwards
[illegible] Damson
Francis Bryan
[illegible] Edwards
Henry Johnson
John Woodruff
William Edwards
John McBride
[illegible]
Jacob Crows
Starlin Edwards
Josiah Conley
John Williams

[Remainder of page 38 illegible]

The Last Will and testament of John Koons was duly proven in open court by the oaths of Michael Stuckard and Christian Shearer the executors sworn letter testerment issued.

William Pennington, Junr. being sworn sayeth that he owes Helm and firm nothing.

Elias Ausbourn being sworn sayeth that he owes Helm and firm three dollars.

John Hall being sworn sayeth he was sworn once before and he owes nothing that he paid it to William Gambell.

Ordered by the court that a certificate issue to Isaac Wilbourn for L1/10/6 for attendance as a witnesse in the suit Jas. Sturgel vs. Jno. Couch.

James Griffith has kept a lame boy Hiream 12 months. Ordered by the court that said Griffith is to have a certificate to the wardens of the poor. And said lame boy Hiream is under the care of Joseph Burket 12 months longer.

Joshua Cox later Sherif has returned for the year 1804 46 insolvent paid at 6/3 and 795 acres of land 2/1 per hundred.

Braxton McQueen, Esqr. Proved a lisance to practice as an attorney in the several courts in this state and bar admitted as such to the bar of this court.

Cornelas Sale,
vs
John Cox
Appeal. Jury sworn and impanled as follows

Alexander Latham
George Millar
Samuel Griffith
Jno. Henson
George Koons
Mats. Poe
Charles Frances
Jno. Michel
Richard Koons
Jonathan Coleman
Abram Shearer
Charles Roark

Mistrial, case [illegible].

Slant and Watt, assignee
vs
Michael Shepard
Jury sworn and impaneled as following.

Isaac Weaver
Leonard Fouts
David Briney
Daniel Bumgarer
Jonathan Miller
John Yonce
Daniel Strunk
Thomas Tirey
Hilliard Griffith
Joseph Plummer
John Michel
Wells Blevins

The plantiff craves appeal to the Superiour Court, Granted.

Henry Dulcher
vs
John Cox
Jury Sworn and empaneled as follows

Leonard Fouts
Hillard Griffith
Daniel Strunk
Charles Francis
Jno. Mikel
Wells Blevins
Daniel Bumgarner
Joseph Plummer
Thomas Tyree
Jonathan Miller
David Birney
Richard [illegible]

Jury find for the plantiff L63/9/11 and 6 costs. Appeal prayed and granted.

[Last entry p. 40 illegible]

Judges for the election, David Millar, Mathias Harmon at the upper end, Solomon Baker, Esqr and Alexander Smith at the Court House; Charles Tolliver and William Reaves, Esqr. At the lower end.

Justices to take the taxable property for the year 1807

Capt. Baird's district Mathias Harmon, Esqr.
Capt. Brown's district Nathan Horton, Esqr
Capt. Callaway's district Elijah Calloway, Esqr.
Capt. King's district Solomon Baker, Esqr
Capt. Mulkey's district Jonathan Baker, Esqr
Capt. Edwards' district, Jno. McBride, Esqr

Order of sale to issue against the lands of John Barten in favor of Joseph Plummer for the sum of Ninety-five dollars and seventy-five cents and costs.

[Entry illegible]

Orderd by the court that the following jury be empanled to [illegible] lay off the lands remainder of order illegible.

[Illegible]
[illegible]
Moses Dickson
Jno. [illegible]
Wm. Gambil
Kenady Richardson
Joshua Cox
Jno. Barter
James Baker
Wm. Ellison
George Sisemore
Zachariah Baker

Leonard Whittington administrator of William Whittington deceased makes return amounted to the sum of $256. 48 1/2cts makes the sum of the property sold by the administrator.

Ordered by the court that the Sherif summons Daniel Dougherty, Archd.McElroy, Wm. Davis, Wm. Baldwin, Daniel Repass, Josiah Conley, Jno. Adams, Nimrod Fender, Henry Waggoner, Joshua Carter, Samuel Seat, Richard Green, Junr., Jno. Green, Daniel Eggers, Senr., David Harman, Wm. Walters, James Dickson, Daniel Bumgarner, Thomas Calloway, Junr., L. Christian Burket, Jesse Ray, Andrew Sheets, Henry Bare, Absolom Bower, Timothy Perkins, Thomas Brooks, John Campbell, Hiram Powers, William Richardson, Joseph Caldwell as jury for November term next.

Orders by the courts that the sherif summons
Williams, Jo. Phipps, [illegible] Abraham Vanderpool, Nathan Pope, Robt. Shearer, Joseph Moss, Abram Linvill, Robert King, Js. Maxwell, Isaac Welborn, Parmenus Howard, Daniel Strunk, Ephraim Standiford, Jno. Barton, David Edwards, Chas. Roark, Isaac Mitchell, Saml. Phips, Johnathan Colman, Jas. Brown, Solomon Seat, Jacob Baker, Gidn. Lewis, Jas. Campel, Isaac Hiehach (?}, Sam Hicks, Landrine Egers, Jno. Green, Senr. As jurors to next superior court..

State of North Carolina August Term 1807.

Ashe County At a County Court begun and held for the county of Ashe on the second Monday being the 10th day of August A.D. 1807

Present: Alexander Smith, Elijah Calloway, Jno. McBride.

The last will and testament of John Taylor, deceased was duly proven in open court by the oath of [remainder illegible]

A deed from William Perry to Jno. Sayler for 40 acres was duly proven by the oath of Cornelius Vanover.

A deed from Jno. Saylor to Stephen Landreth for 75 acres was duly proven by the oath of Cornelius Vanover.

A deed from Isaac [illegible] to Adam Walker 130 acres was duly proven by the oath of Henry Graybill

A deed from Permenus Howard to Richard Vanover for 100 acres acknowledged in open court by Permeas Howard.

A deed from Henry Millar to Jno. McMillan for 100 acres acknowledged in open court by Henry Millar.

A deed from Thomas Calloway, Senr. To Henry Millar for 49 acres acknowledged in open court by Thomas Calloway.

The jury appointed to view the road from Richard Williams to the top of the Mountain toward Joseph Tomsons agreed that it shall be a road and appoint Samuel South overseer and ordered by the court that Abram Millar and his hands and David Edwards and his hands, Stephen Chappel and his hands , Henry Johnson and his hands help to cut and clean the said road.

The road cut out and finished from the Elijah Pope's to Horse Creek road ordered by the court that William Powers be overseer from the meeting house on Helton Creek to to Power's path on Old Field Creek to have the hands above Timothy Perkins on Helton and Giddeon Lewis be overseer from Powers Path to the end of the road at the North Fork Road to have five men out of William Henson's company and two out of Charles Francis' Company nearest the road.

Ordered by the Court that Jno. Hichcock be overseer of the road from Benjamin Pennington's clearing on Silas Creek to the Perkins line by James [illegible] the hands on Little Helton from Joseph Plummer's up likewise from Blevins' Mill from Big Helton Creek & up.

Ordered by the Court that James Lewis be overseer of the road from the intersection of {illegible} creek road up to {illegible} creek to Benajay Penington's improvements the hands on Silas Creek up and the remainder part of Timothy Perkins' Company.

Ordered by the court that James Baker be overseer of the road in room of James Dickson the same bounds of road and hands.

Ordered by the court that Robert King be overseer of the road in the room of William Ausborn.

Ordered by the court that William Mikel be overseer of the road in Room of Absolom Bower.

Ordered by the Court that Jonathan Baker late sheriff [illegible] lawful fees for keeping Wiliam Star in jail 14 days to have a certificate to the county trustee for 4 shillings.

Ordered that Christian Earnest have three dollars for work and labour on the jail to have a certificate to the county trustee.

[Four entries, bottom of p. 45 illegible]

A deed from Isaac Michael to Daniel Dougherty for 400 acres duly proven by the oath of William Pennington.

A deed from Johnathan Baker, Daniel Millar, Absolom Bower, [remainder of entry illegible]

[Five entries, middle of p. 46 illegible]

A deed from James Murphy to Thomas Triplet for 50 acres proven by the oath of Henry Earnest.

A deed from Thomas Triplett to Henry Earnest for 60 acres was duly proven by the oath of Nathan Horton.

Daniel Bumgarner records his mark to wit: A smooth crop on the left ear and a under bell out of the right ear.

Morris Baker records his mark towit: A smooth crop of the left ear.

George Koons records his mark to wit: A smooth crop of the right ear and a slit in the left ear.

Ordered by the court that there be a entry made of three thousand acres of land to three thousand acres of land to the entry taker position for the use of Helton Iron Works, belonging to Daniel Dougherty.

Ordered by the court that William Pennington, Srnr, Nathan Pope, Elisha Pope, Thomas Testerman, Esqr., Daniel Strunk, William Yates, Jno. Campbell, James Lewis, Senr. James Lewis, Junr., Ephr. Pennington, James Griffith, Isaac Wilbourn, William Weaver, Eph. [illegible] Jonathan Baker or any twelve of them be a jury to view parcels of land for the use [illegible} Daniel Dougherty's smith on the Big Helton and ent4ered as the law directs and [remainder of the entry illegible].

Ordered by the court that Jno. Bower and Mary Ragon administer the estate of Eli Ragon deceased.

Ordered by the court that letters of administration pass on the esate of Eli Ragon to Jo. Bower and Mary Ragon who entered into bond of 2000 dollars with Eli Cleveland security.

Ordered by the court that the administrators of Eli Ragon deceased be ordered to sell at day [remainder illegible]

[Remainder of page (5 entries) illegible]

Samuel Cox come in court and sayeth on oath that he owes Helm and firm nothing.

Jonathan Baker come in court and sayeth on oath that he owes Helm and firm nothing.

Joshua Cox come in court and sayeth on oath that he owes Helm and firm nothing.

Morris Baker come in court and sayeth on oath that he owes Helm and firm nothing.

Ordered by the court that Jas. Rowland, Esqr, Jno. Kessler, Jos. Kessler, David Fouts, B. Christian Burkett, J. L. Burket, L. Christian Burket, James Griffen, David Houk, William Houk, George Houk, Thomas Calloway, Junr., Michael Writter, Abraham Rowland, Freelove K. Sevar, Frederick Black, Leonard Fouts, Daniel Millar, be a jury to view and lay off a road from Jas. Terry's to top of the hill past Daniel Millars the nearest and best way.

[Three entries bottom of page 48 illegible]

Order of sale to issue against the land of Charles Francis in favor of David Earnest for the sum of twenty dollars and forty-five cents and costs.

A list of the taxable property in Capt. Beard's district was returned by Esqr. Harmon.

A list of the taxable property in Capt. Edward's District was returned by Esqr. McBride.

A list of the taxable property in Capt. Mulkey's District was returned by Jonathan Baker, Esqr.
A list of taxable property in Capt. Callaway's District was returned by Esqr. E. Calloway.
Jno. Bower and Jno. Hysler, Extrs of Jno. Koons, deceased makes return amounted to the sum of $1129.67 3/4 cts the sum of the property sold by the Extrs and makes return the amount of notes $987.58 3/4 cts.

William Ausbourn was appointed constable, entered in bond of five hundred pounds and gives Thomas Callaway & Alexander Latham for security.

State of North Carolina, Ashe County

November Term 1807
At a county court begun and held for the County of Ashe on the second Monday being the 9th day of November, A. D. 1807.

Present: Jno. McBride, Chars. Tolliver, William Conley.

Grand Jury sworn and impaneled as follows towit:
Absolom Bower, Foreman, [illegible] Richardson, Jos. Caldwell, [illegible], Daniel Eggers, Daniel Bumgarner, Henry Wagoner, William Walters, Jno. Campbell, Christian Burkett, Jno. Green, Henry Bare, Josiah Conley, William Powers, Thomas Brooks.

Daniel Hoppis, William Davis are to be [illegible] Jno. Williams excused as jurors for May Courts.

Thomas McGimsey, Esqr, Attorney at law has resigned and his resignation filed.

Saunders Donoho produced his license to practice as an attorney at law authorizing him to [illegible line] Courts in this state on a certificate of his having taken the oath,f or the qualifications of Publick officers [remainder of line illegible] therefore [illegible] Court doth therefore order that he be admitted be attorney of record in this court.

The place of the Attorney for the County on behalf of the state being vacant the court proceeded to elect an attorney to fill said place, it appeared that Saunders Donoho Esqr was duly elected on enumerating the ballots of the justices present.

Ordered by the court that the road from Fisher's Gap to Grasson Court House be condemed.

Ordered by the court that James Richardson, Stephen Baldwin, James Stogill, Solomon Carson, Francis Stogell, William Weaver, Esqr, Samuel Griffin, William Pennington, Joel Stogell, Junr., Jno. Baldwin, William Yates, Wm. Pennington, Junr, Jesse Hall, Samuel Stedham Jos. Caldwell or any twelve of them to be a jury to view and turn a peace of road from Andrew Baker's to the old meeting house.

Ordered by the court that Jno. McMillion, Esqr, William Maxwell, John Williams, William Weaver lay off a sufficient allowance out of the estate of Frank Stogel, decease for the widow Stogel for one year.

Ordered by the court that Rebekah Stogell and John Hash Administer on the estate of Francis Stogell deceased.

Ordered by the court that David Ingram be overseer of the road from the Court House to the fork of the road on the other side of the river.

Ordered by the Court that Jacob Baldwin be overseer of the road from the Virginia line to Spring Fork of Poatato Creek, the hands that formerly worked thereon to continued, and Esqr Hash hands.

Ordered by the court that Jno. McMillion be overseer of the road from the Piney Fork to the Elk Spur Road the old hands continue and two hands from Esqr. Hash to continue to werk thereon.

Ordered by the court that Jno. McBride, Esqr. Jno. Williams, Henry Williams, Vincent Williams, William Edwards, Isaac Mitchell, Daniel Morely, David Edwards, Jno. Dugles, Jno. Harrel, Senr., Jno. Harrel, Drury Carel, Theophilus Petty, Jacob Crows, Russell Brewer, Kincaid Williams be a jury to view and lay off a road from Richard Williams by William Edwards towards David Coxs to the Virginia line.

Ordered by the court that David Earnest, L. Christian Burket, George Bower, Senr, Andrew Sheets, Capt. Jno. Mihel, Christian Earnest, Alexander Smith, Esqr., Daniel Mihel, Wm. Walters, David Smith, George Smith, Daniel Millar, Jno. Bower, Absolom Bower, Morris Baker, Jonathan Baker, Esqr, be a jury to view and turn a peace of a road that lead from Wilksborough to the Court House beginning at the old road above the Cool Spring to Wm. Walters to view and turn as much of that road as will be best for the publick.

Ordered by the court that Daniel Eggers, Senr, Daniel Eggers, Junr., James Jackson, Isaac Green, Jno. Northern, Anthony Reece, Jno. Norris, Ephraim Norris, Senr., Ephraiom Norris, Junr., John Coleman, Joseph Morphew, Joseph Brown, David Miller, John Brown, Philip Church, James Morris, James Prophet, Landrine Eggers be a jury to view and lay off a road from the turnpike road by Ephraim Norris and into the turnpike road again likewise from the [blank] to the indian graves on Meat Camp.

William Ray was this day appointed constable entered in bond of five hundred pounds with Joshua Cox and David Earnest security.

William Adkins was this day appointed constable, entered bond of five hundred pounds with Jas. [illegible] Esqr, security.

A deed from William Snow to Thomas Snow of __ acres proven by the oath of Jno. Carpenter

A deed from William Snow to Thomas Snow of -- acres was proven by the oath of Jno. Carpenter.

A deed from Henry Chambers to Joseph Brown for __ acres proven by the oath of {illegible}

[Five deed entries illegible]

A deed from John Eller to Daniel Miller for __ acres acknowledged by Jno. Ellar.

A deed from James Campbell to Elias Swift __ acres acknowledged by James Campbell.

A deed from James Campbell to Abraham Lewis __ acres acknowledged by James Campbell.

A deed from Permenas Howard to Francis Stogill __ acres proved by the oath of James [Illegible].

A deed from Permenas Howard to Franics Stogill acres proven by the oath of James Bunyard.

A deed form Permenas Howard to Francis Stogill __ acres proven by the oath of James Bunyard.

A deed from Permenas Howard to Francis Stogill for 25 acres proven by the oath of James Bunyard.

A deed from Jacob Reece to Jno. Northern for 100 acres proven by the oath of Jno. Brown.

A deed from Frederick Brown to Jno. Northern for 50 acres proven by the oath of Jno. Brown.

A deed from Abraham May to Jacob May for 150 acres proven by the oath of James Bunyard.

A deed from Charles Tolliver to Nat Pew for 150 acres acknowledged by Charles Tolliver.

A deed from Simon Shull to Archibald Coffee for 44 acres proven by the oath of Bendent Baird.

A deed from Jno. Callaway to Andrew Boling for 30 acres proven by the oath of Thomas Calloway.

A deed from Samuel Baker, Senr. To Jno. Atkins for 155 acres proven by the oath of Bendent Baird.

A deed from Eli Cleveland to Isaac Hichcock for 200 acres acknowledged by Eli Cleveland.

A deed from the [illegible] to David Earnest for one Lott No. 22 acknowledged by Bower.

[Two deed entries bottom page 54 illegible]

A deed from James Cash to Henry Michel, Junr for 100 acres acknowledged by James Cash.

A deed from the Commissioners of Nathan Horton & Jno. Bower to Christian Earnest for one Lott No. 24 proven by the oath of David Earnest.

A deed from Landrine Eggers to Abel Hunt for 100 acres acknowledged by Landrine Eggers.

Cathn. Ray came into court and made oath that he made a suppliment of iron at his iron works agreeable to law.

Samuel Greer subsmits fined 2/6, Thomas Calloway, security [illegible]

Eli Cleveland
vs
Bastian Grimes
Ejectment. Jury sworn as followeth

William Davis
Landrine Eggers
Abraham Vanderpool
Daniel Hoppes
Jno. Burton
David Isaacs
Nimrod Fender
Wm. Harris
Wm. Whither
Christian Earnest
Jno. Northern
Isaac Baldwin

The jury find for the deft., plantiff prays apeal, granted.

Samuel Canada
vs.
Wm. Reaves
Appeal. Jury sworn as followeth

Daniel Hoppis
Mathias Carpenter
Wm. Henson
Nimrod Fender
James Campbell
Henry Mikel
Benjamin Ellison
Jacob Millar
Abraham Shearer
Andrew Fouts
[illegible}
Jacob Grimes

Verdict for the pltff find the speciallity to be act and deed of the defendant that there was no tender or refusal no payment or [illegible] nor no alteration nor [illegible] in the rights or the left [line illegible]. Appeal [illegible} and granted to the Deft.

State
vs
Jno. Callahand
Indt. Jury sworn as followeth, to wit:

Henry Mikel
Jno. Mikel
Abner Dunton
Wm. David
Jno. Adkins
Valentine Reese
Mathias Carpenter
Jacob Grimes
Gideon Lewis
Abraham Vanderpool
Wm. Henson
Absolom Bower

Verdict. Find the defendant not guilty in manner and form as stated in the bill of indictment. On motion ordered that the Prosecutor pay all costs.

Ordered by the court that Jonathan Baker late Sheriff be indulged till Feb. Court to settle with the County Trustee for his collection for 1805 if he does not settle by that time judgment to be entered against him for the full sum that is due.

Ordered by the court that Wm. Davis be Deputy Ranger.

[Three entries, bottom of page 56 illegible]

Orderd by the court that an order of sale issue against the lands of Charles [no last name] in favor of Wm. Lemons for L13/3/9 and costs.

Order of sale to issue against the lands of Enoch Fletcher in favour of Joshua Cox for L3/19 and costs.

Ordered by the court that the sheriff summon Benjamin [illegible] Jordan Council, Daniel Bumgarner, Henry Williams, Jacob [illegible], Benjamin Webb, Jno. Ellar, Abraham Millar, Jos. Calloway, [illegible], Thos. Calloway, William Richardson, [illegible] Cyrus Fairchild, Edward King, Solomon Baker, Mathias Poe, Richard Green, Jno. Tolliver, Isaac Weaver, Joshua Cox, George Wisons, [illegible] Wm. Davis, Joseph Rowland; Absolom Bower, [illegible] Baker, Wm. Beard, Henry [illegible] Jeremiah Green, jurors for the [illegible] in 1808.

Jno. Bower and Mary Ragon administrators of Eli Ragon deceased returned accounting of the debts due and amount of notes amounting to the sum of $294 dollars.