Minutes of the Ashe County, North Carolina Court of Pleas and Quarter Sessions 1809

Ashe County Court Records

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Minutes of the Ashe County, North Carolina Court of Pleas and Quarter Sessions 1809

February Term 1809

State of North Carolina
Ashe County
At a County Court begun and held for the county of Ashe on the First Monday being the 6th day of February A.D. 1809

Present
James B. Bunyard
Elijah Calloway, Esqr.
Thos. Testament

A deed from Elizabeth Ritter to Michel Ritter for 200 acres proven by Jno, Kessler

A deed from Ulrich Kessler to Jos. Kessler for 204 acres proven by David Earnest

A deed from Ephrom Standeford to Andrew Turner for 100 acres acknowledged by Ephrom Staneford.

A deed from Jas. Dickson to Zechariah Baker for 180 acres acknowledged by James Dickson.

A deed from Joshua Cox to Ambros Collins fr 30 acres acknowledged in court by Joshua Cox.

A deed from Lawrence Owen to Jesse Hall for 100 acres proven by Wm. Weaver.

A deed from James Callaway to Elijah Callaway for 35 ? acres proven by Thoms Callaway.

A deed from Andrew Sheets to David Griffith for 49 acres proven by Oath of Wm. Hill.

A deed from the commissioner, Jno. Koons, Jno Cox, and Nathan Horton to Wm Walters for Lott No. 29 acknowledged by Jno. Cox.

A deed from James Lewis to Ephrom Standiford for 100 acres proven by Thos. Testament.

A deed from Thos. Callaway to Jno. Trout for 199 acres was acknowledged by Thos. Calloway.

A deed from the commissioners to Wm. Walters for two lots No. 25 & 26 proven by the oath of David Earnest.

A deed from Philip Workman to George James for 6 ? acres proven by Hugh Davis

A deed from the commissions Nathan Horton, Geo. Koons & Jno. Cox to Christian Burket for Lot No. 19 proven by the oath of Abraham Rowland.

A deed from Jno. Cury (Oury?) To Christian Burket for 300 acres acknowledged by Jno. Cury (Oury)

A deed from Ulrich Kessler to Jno Kessler for 181 acres proven by David Earnest.

A deed from Lawrence Own to Jesse Kell for 150 acres proven by Wm Weaver

A deed from James Dickson to Zechariah Baker for 36 acres acknowledged by Jas. Dickson.

Ehrom Standiford records his mark: Both ears cropt over bit of the right ear under bit of the left ear.

Ordered by the court that the Clerk receive three dollars from the administrators of Wm. Whitington deceased for recording 11 plots.

Ordered by the court that Levy Pennington be overseer of the road in room of Wm. Pennington, Senr.

Peter Ellar records his mark thus: Left ear cropt, upper bit in the right ear.

Johnson Hunter records his mark thus: a smally fork in the right ear.

Ordered by the court that an order of sale issue agains tthe lands of Barnet Masingil in favor of Jno. Ham the sum of sixty-three dollars.

Ordered by the court that there be added to the tax list [illegible] of the widow Whitington

Ordered by the court that the clerk issue a certificate to Thos. Testament as a witness Pope v Blevins.

Ordered by the court that Edward Kign have privilege by build and establish a mill on the round about where said King bought of Wm. Haston.

Ordered by the court that Thos. Moody, Jno Adams, Ezra Stoneycipher, Jno. Neal, Richard Green, Antony Rees, Jonathan Coleman, No. Ford, Jonathan Philips, Wm.Houck, Geo. Millar, Geo. Koons, David Smith, Jno. Dick, Thos. Callaway Geo. Brewer, Henry Smith, Wm. Serech??, Danl Strunk, Wells, Blevins, James Reppy, Edward King, Jonathan Miller, James Lewis, James Mulkey, Wm. Newton, Henry Johnson, Henry Williams, Jno. Williams, Christian Burket as jurors for May term 1809.

Ordered by the court that Danl Strunk, Wells Blevins, Jas. Lewis, Sr., Ephrom Pennington, Jur., Peter Ellar, Wm. Pennington, Jur., Coonrod Grub, Martin Gambill, James Mulkey, Jno. Cox, Joshua Cox, James Baker, James Lewis, Wm. Penington, Sen., Saml Griffith, Wm. Weaver, Esqr., Wm. Harbert, Be a jury to view a road from the mouth of Helton the Iron works roads down by James Lewis and by Esqr Gambill into the road at Cranberry and make report.

Henry Hurndon this day was appointed constable. Entered in bond of ? 500 and give for security Joshua Cox and Jno. Kessler.

May Term 1809

State of North Carolina
Ashe County
At a county court begun and held for the county of Ashe on the Second Monday being the 8th day of May, A. D. 1809

Present
Nathan Horton
Ezekiel Baird, Esqr
Elijah Pope

Grand Jury sworn and empaneled as follows, to wit: Thos. Callaway, Foreman, Jno. Adams, Geo. Koons, Geo. Millar, David Smith, Jno. Dick, Geo. Bower, Wells Blevins, Edward King, Henry Williams, Jno. Williams, Christian Burket, Wm. Horton, Jonathan Philips and Dan'l Strunk.

The court proceeded to the election of Sheriff, Samuel Cox was duly elected by a majority of the acting justices present and entered in to bond with Joshua Cox, Wm. Reaves, and Jno McMillan security to ? 1000.

Daniel Daugherty came into this court and made oath that there was made five thousand and upwards weight of iron at his forge on Helton Creek.

Ordered by the court that Jacob Grimes be overseer of the road in room of Andrew Roland.

Martin Gambill late Sheriff returned a list of insolvents amountint to ? 10 7s 18d

Ordered by the court that Jno. Richardson be overseer of the road in room of Jno. Sturgeon.

Robert Nall
v
Jno. Burton
[illegible], Jury sworn and empaneled as follows:

Jonathan Boon Abraham Rowland David Fouts
William Snow Henry Hateley Andrew Howton
WIlliam Wallus Saml Willeace R son Jacob Ford
Charles Rorark Reuben Wallace Henry Graybill

Jury verdict: Find no tender nor refusal. Find for the Pltf ? 20 6d cost appeal pray by the Deft, and granted.

Wm. G. Deakson
v
Wm. Penington
Appeal. Jury sworn and impaneled as follows to wit:

Elijah Ginings Gideon Lewis Wm. Harris
Wm. Yates Hillard Griffith Stephen Miller
Jno. Hall Jacob Fees Peter Graybill
Michael Stuehard [?] David Hartsog Jno. Pumphrey

Jury verdict find for the Deft.. Moved for a new tryal by the Plantif's Councel and granted.

Wm. Byars
v
Wm. Penington
Debt. Jury sworn and impanled the same jury as above except Jaocb Ellar in rom of Wm. Yates. Judy Verdict Find the instrument whcih the suit was brought on was the hand wright of the Deft and say the Pltf Damages ? 53 7s 1d and six pence cost.

Ordered by the court that the Clerk issue a commis. To the State of Virginia Take Depitition in case of Parsley vs. Little

Judges for the election at the lower end, Esqr. McBride & Esqr McMillion at the Court House Esqr Bunyard & Esqr Rowland ant the upper End Esqr Harmon & Esqr. Millar

Ordered by the court that Alen Woodrough, Frank Bryan, James Tomson, Henry Johnson, Young Endwards, Edward Edwards, Young Edwards, Sr., Matthew Massingall, David Edwards, Wm. Edwards, Jno. Williams, Jacob Crows, Thos. Douglas, Jno. Douglas, and Daniel Moxely be a jury to view and lay off a road from the Elk Spur Road to the North Carolina line in a direction to Point Hope Furnace to turn off at Frank Bryans then the nearest and best way to the Virginia line to go to the furnis on Peach Bottom.

Ordered by the court that Matthias Poe, Geo McNeal, Wm. Walters, Leonard Fouts, Jas. Baker, David Dugar, Ephrom Norris, David Smith, Jesse Tolliver, Jas Sturgill, Jno. Norris, James Richardson, Nathen Resden [?], Wm. Reaves, Joel Forgison, Saml Griffith, Bedent Baird, David Miller, Thos. Curtice, Alex Smith, Allen Woodrough, Ben. Week, Jno. Tolliver, Sam. Wellcockson, Senr., Wm. Harris, Joshua Weaver, Malahcah Roberts, Landrine Eggers, Jno. Hall, Jonathan Coleman for next [illegible] Superior Court.

Ordered by thecourt that Frederick Shull, Simon Shull, H. Hately, Jordon Counsel, Joseph Mast, Ezekel Baird, Bedant Baird, Martain Ruseell, Jno. Mast, Adam Mast, Dan'l Ward, Benjamin Ward, Jur., Wm. Baird, Saml Baker, Cutliff Harmon be a jury to review the new road from the widow Whitington's on the Turnpike road to Abrahma Linville's on Cove Creek.

Jerry Gambill was this day appointed constable. Entered in bond of ? 500, Martin Gambill Security.

The Obligation that Henry Mikel has on Geo. Koons, Dec'd, Nathan Horton and Jno Cox he hand write proved by Thos. McGimsey, Henry Harden & Bedant Baird.

A deed from Joseph Couch to Lewis Sheppard for 200 acres proven by Elijah Ginnings

A deed from Michael Stoker to William Colvard for 110 acres proven by Hugh Davis

A deed from Richard Burton to Adam Waggoner for 275 acres proven by Wm. Gambill

A deed from John Bower, Jno Kessler, Est of Jno. Koons to Alerr Smith Lotts No. 9 & 10 acknowledged by John Kessler.

A deed from John Overton to David Edwards for 100 acres proven by Richard Williams.

A deed from Samuel Cox to Morris Baker for 50 acres acknowledged by Samuel Cox.

A deed from George Koons to Morris Baker for 100 acres acknowledged by Geo. Koons

A deed from George Koons to Morris Baker for 64 acres acknowledged by Geo. Koons.

A deed from George Koons to Morris [Baker] for 100 acres acknowledge by Geo. Koons

A deed from Thomas Tyrie to George Miller for 100 acres proven by Christian Miller

A deed from Joseph Calloway to Elijah Ginnings for 124 acres proven by Lewis Cash.

A deed from Joseph Calloway to Elijah Ginnings for 98 acres proven by Lewis Cash.

A deed from Elijah Estep to Caleb Isaacs for 129 acres acknowledged by Elijah Estep.

A deed from Philip Workman to George Miller for 200 acres proven by Geo.Bower.

A deed from Sarah Koons to William Walters for 3 acres proven by Michael Stocker

A deed from David Burket to David Pouts for 61 ? acres proven by Abraham Rowland.

A deed from John Bower to George Bower for 156 acres proven by David Earnest.

A deed from John Bower to George Bower for 50 acres proved by David Earnest.

A deed from John Bower to George Bower for 150 acres proven by David Earnest.

A deed from Elijah Estep to James Collins for 50 acres acknowledged by Elijah Estep.

A deed from the Commissioners to Waugh & Finley Lotts No. 40 & 41 proven by David Earnest.

A ded from Jno. Bower & Jno. Kessler, Extrs of Jno. Koons, Dec'd to Alexander Smith for 2 lotts No. 7 & 8 acknkowledged Jno. Bower & Jno. Kessler.

Ordered by the court that an order of sale issue against the land of Elijah Estep in favor of Joseph Mort[?] for the sum of Thirty dolls.

Eli Cleveland County Surveyor renews his bond and give for security John Callaway and Thomas in the sum of ? 2000/0/0

August Term, 1809

State of North Carolina
Ashe County
At a County Court begun and held for the County of Ashe on the first Monday of August being the __ day of Auust A. D. 1809.

Justices Present
Nathan Horton
Jno. Calloway, Esqr
Elijah Pope

Ordered by the court that Absolom Bower be overseer of the road in room of David Ingram.

Ordered by the court that an order of sale issue against the lands of Benjamin Hubbard on Horse Creek in favor of Wm. Turman for 32 dollars.

Ordered by the court that a duplicates warrant issue to Solomon Baker No. 1410.

Leonard Bumgarner records his mark this a crop, one slit in the left ear a hole in the right.

Ordered by the court that the road from the Mouth of [illegible] Creek up Silas Creek to Big Helton be discontinued.

Ordered by the court that a part of the road be taken up from the widow Whitington's to Davison's quarter or where Elijah Estep formerly lived Jno. Adams be overseer to work the balanace of the road.

Ordered by the court that Capt. Gideon Lewis be overseer of the road in room of Edward -----

Ordered by the court that A. Duplicates warrant give to Jesse May No. 24.

Ordered by the court that Barnet Owen, Henry Harden, Jacob Hartsog, Jno. Yonce, Wm. McNeal, Jonathan Philips, Saml. Wellcockson, [illegible] Lowrance, James Parsons, Jos. Purkins, Luther Purkins, Elijah Ginnings, Wm. Greer, James Tatom and Lewis Sheppard be a jury to view and lay off a road from the fork of the road on Obias Creeek to the Old Fields.

Leonard Whitington, Admr. Of Wm. Whitington deceased made a settlement with the court from the reepts and vouchers filed in the office. It appears there is a balance due to the said Led. Whitington Admistr. From the heirs at law seven pounds.

Esqr. Baird returned his list of Taxable property.

Ordered by the court that Antony Rees, Wm. Horton, Robert Shearer, Ezra Stonisipher, Saml Stonisopher, Andrew Harmon, David Hartsog, David Houck, Senr. James Griffith, L. Christian Burket, Absalom Bower, Morris Baker, Junr. Wm. Snow, Geo. Koons, Capt. Mulkey, Zachariah Baker, Elijah Blevins, Moses Dickson, Isaac Baldwin, Jno. Williams, Wm. Perry, Jno. Maxwell. Starlin Edwards, Adam Wagoner, Wm. Moxley, Nimrod Fender, Ephrim Penington, Wells Penington, Robert Kign and Ephrom Osborne be a jury for November term next.

A deed from Alexr. Smith to Isaac Here for 400 acres proved by Jno. Kessler.

A deed from Daniel Bumgarner to Wm. Snow for 70 acres proven by Absolom Bower.

A deed from David Fouts to David Fee for 100 acres proved by Andrew Fouts.

A deed from Rachel Gist to Wm. Snow for 2 lots No. 38 & 39 proved by Jno. Mikel.

A deed from Coonrod Coldiron to Thos. [illegible] for 100 acres proved by Jno. Fletcher.

A deed from the commissioners to Wm. Ray for the Lot. No. 6, proven by Jno. Mikel

A deed from Wm. Ray to Jno. Mikel for Lot. No. 6 proved by David Cornett.

A deed from Danl Bumgarner to Wm. Snow for 40 acres proved by Absolom Bower.

A deed from Robert Nall to Saml Cox for 100 acres, proved by Eli Cleveland.

A deed from Wm. Manard to Geo. Chapple for 125 acres, proved by Richard Williams.

November Term 1809

State of N. Carolina
Ashe County
At a county court begun and held in and for the county on the 1st Monday being the 6th days of November A. D. 1809

Justices Present
Nathan Horton
David Millar, Esqr
Mathias Harmon
Grand Jury sworn and impaneled as follows to wit: Absolom Bower, foreman, Morris Baker, Junr., Wm. Snow, David Houck, David Hartsog, Geo. Koons, Moses Dickson, Isaac Baldwin, James Mulkey, L. Christian Burkett, Starlin Edwards, Robert King, Nimrod Fender, Antony Rees, Zachariah Baker.

Ordered by the court that the under named hands work under Jno Adams on the road from the Turnpike or near it on Brushy Fork to a [illegible] Linville to wit: [illegible] Whitington, James Davidson, Carter Whitington, David Duger, Jno. Mast, Adam Mast, James Collins, Sam. Swift, Thos Curtis, Reuben Dotson, Elijah Isaacks, Jno. Adkins, Golston Davis, Azra Stonisipher, Landrine Eggers, Valentine Rees, Hugh Eggers, S. Rees.

Ordered by the court that Henry Wagoner be overseer of the road from Glade Creek to Daniel Hoppias and to have the same old hands.

Ordered by the court that Levy Jones be overseer of the road in room of Wm. Bowers.

Jacob Ragan heir of Eli Ragan Dec'd came into court and made application for the lands of Eli Ragan, Dec'd to be devided agreeable to law, the said court orders that Elijah Pope, Esqr. Robt. King, Isaac Weaver, James Bunyard and Jacob May [illegible] the above land agreeable to law.

Ordered by the court that Bat. Auston be overseer of the road in room of Solomon Scott.

Geo. Phips be overseer of the road from Fighting Creek to David Cox and to have Wm. Tolliver, Jno. Tolliver, Solomon Scott and Doughton' hands and Jesse Tolliver to work on the same.

Ordered by the court that Henry Bare overseer work the road from the ford of the river to top of the mountain.

Ordered by the court that Richard Perry be overseer of the Road in Room of Wm. Perry.

Ordered by the court that Eli Clevland hands to work on the road be restored to him again and said Cleveland and all his hands to help May put his road in order From Carpenters.

Ordered by the court that Elisha Blevins and his hands help clear our the road from Cranberry to the Mouth of Helton.

Ordered by the court that Gideon Lewis be overseer of the road n room of Ephrom Osborne on the upper end of the road instead of the lower end and Wm. [illegible] overseer of the lower end instead of Gideon Lewis.

Ordered by the court that a Duplicate warrant issue to Jno. McMillon for one hundred acres of lands on Peach Bottom Mountain on the entry takers books No. 1847, Entered the 14 March 1808.

Ordered by the court that Daniel Dickson be overseer of the road in room of Morris Baker.

Ordered by the court that Thos. Callaway be overseer of the road in room of Jno. Burket.

James Bunyard County Trustee have settled with the court for the year 1806 and 1807 which appears that there a balane due in his hands to the amount of ? 60 13s 2d.

Wm. Dickson
v
Wm. Penington
Appeal. Jury Sworn and impanled as follows, to wit:

Wm. Horton Jno. Maxwell Robert Tredway
Moses Dickson Morris Baker Lewis Cash
David Houk Ben. Baird Danl. Mikel
Wm. Moxley Saml. Willcockson Jacob Thellar

Jury verdict: Find that the wrightings of obligation is the act and deed fo the Deft. that there is no payment nor set of assesses the Pltf dames ? 4 15 3 and 6d cost.

David Wagoner
v
James Stewart & Jno. B[illegible]
Debt
The same jury as above. Jury verdict find that there is no payment nor set of and assess the pltf damages of ? 53 and 6d cost.

The court rec'd the jail from Capt. Ray all but the lock to the iron door and put a piece in the petition.

Geo. Bower has resigned as trustee of the Publick buildings and the court has rece'd his resignation and cleard him.

The court have received by the courts

James Morris Cald as a garnishee for him and Ca. Judgement by default.

Ordered by the court that a grant No. 324 be altered instead Beaver Old Field Creek.

A deed form Abraham May to Jno. Graybill for 50 acres proven by Henry Graybill

A deed from Abraham May to Peter Graybill for 173 acres proven by Henry Graybill.

A deed from Jno. Lyle to James Baker for 50 acres proven by Zachariah Baker.

A deed from Robert Nall to Jno. Dick for 100 acres proven by Jno. Kessler.

A deed from W. B. Lenore to Wm. Moxley for 100 acres proven by Jno. Tolliver.

A deed from Henry Miller to Jno. Jones for 75 acres proven by James Bumgarner.

A deed from Jno. Jones to Isaac Weaver for 75 acres proven by Eli Cleveland.

A deed from Adam Bower to Jno. Bower for 100 acres proven by Geo. Bower, Jur.

A deed from Cutberth Stone to Henry Graybill for 100 acres proven by Michael Graybill

A deed from David Fouts to Wm. Walters for 288 acres proven by Michael Cryder

A deed from Eli Cleveland to Wm. Morefield for 75 acres acknowledged by Eli Cleveland.

A deed from Jacob Huntsinger to Christian Burket for 110 acres proved by Joseph Kessler.

A deed from Wm. Perry to Ricahrd Perry for 160 acres proven by Jno. McMillan.

A deed from Morris Baker to David Smith for 100 acres acknowledged by Morris Baker.

A deed from Morris Baker to David Smith for 64 acres acknowledged by Morris Baker.

A deed from Morris Baker to David Smith for 100 acres acknowledged by Morris Baker.

A deed from Morris Baker to David Smith for 50 acres acknowledged by Morris Baker.

A deed from the Commissioners to David Earnest for Lot No. 17 acknowledged by Jno. Cox & Nathan Horton.

A deed from Jno. Graybill to Henry Graybill for 50 acres proven by Jacob May.

A deed from Andrew Boling to Jno. Kessler for 30 acres acknowledged by Andrew Boling.

A deed from Jno. Williams to Saml James for 150 acres proven by Wm. Conley.

A deed from Henry Graybill to Loommay Powers for 50 acres acknowledged by Henry Graybill.

A deed from Alex. Johnson to Ephrom Penington for 156 acres acknowledged by Alexr. Johnson.

A deed from Sam'l Cox, Shff to Joseph Mast for 150 acres acknowledged by Sam'l Cox.

A deed from Thos. Callaway to Jacob Faw for 172 acres proven by Jno. Callaway.

A deed from Thos. Callaway to Jacob Faw for 100 acres proven by Jno. Callaway.

A deed from Thos. Callaway to Jacob Faw for 50 acres proven by Jno. Callaway.

A deed from the Commissioners to David Miller to Lott No. 1, Acknowledged by Nathan Horton & Jno. Cox.