Minutes of the Ashe County, North Carolina Court of Pleas and Quarter Sessions 1860

Ashe County Court Records

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Minutes of the Ashe County, North Carolina Court of Pleas and Quarter Sessions - 1860

April 1860

State of North Carolina
Ashe County
Be it remembered that at a court of Pleas and Quarter sessions begun and held for the county of Ashe at the court house in Jefferson on the second Monday of April, 1860 it being the ninth day of said month the following justices of the peace were present and holding said court. To wit:

George Bower
George H. Hamilton
John Reaves

Whereupon the following good and lawful men were retuned as jurors:

James Gambill John Graybeal William Mash
Wm. Hudgins John Graybeal George W. Welch
Riley Porter John Parsons Solomon Perry
Jacob Eller John Jones James C. Hartzog
Isaac Miller James Bowlin Gideon Weaver
Phillip Osborn

Original panel:

Absolom Roark Mathias Bledsoe Jacob Lewis
Thomas Burgess Charles Roark Peter Eller
Jordan Sheets Wm. Taylor Elias Bare
James Richardson John Duvall Joseph Osborn
Elijah Blevins Eli Blevins

Ordered by the court that the sheriff summons a jury to lay off a road from Isaiah Jones to Piney Creek meeting house.

State
vs
Allen Blevins
Submission. Fine one dollar with John Hash security.

State
vs
Charles Reaves. Submission, fine one dollar

State
vs
James Ray
James Williams called and failed. Judgment is omitted.

State
vs.
Andrew Treadway, John Gilley & James
Witness bound in fifty dollars. Ephraim Roark security for John Gilley, John Gilley security for Jmaes Gilley and James Gilley and Andrew Treadway.

State
vs
John Massa
Witness bound in fifty dollars, E. C. Bartlett security for the appearance of Massa.

Ordered by the court that J. N. Long be granted license to sell liquor in the town of Jefferson for one year.

Ordered by the court that Lewis Meriman be granted license to sell liquor in the town of Jefferson for twelve months.

Ordered by the court that the former order made to open a road from Wm. Richardson's the road leading from Gap Civil to Jefferson near Andrews be changed so as to make Wilson Wooddy head overseer to work on the east end of said road with Allen Richardson and hands, George Ketcham & hands, Andrew Dickson head overseer on the west end with his own hands, Alex McMillan's hands to open said road.

State
vs
Alford Brown
Upon motion, the court the court refuses to dismiss the case whereupon the defendant pays an appeal.

Ordered by the court that Wm. Trivett Owen's son be appointed overseer of the road from the river to the road that leads to Gap Creek with the following hands: James Cooper, Agustus Cooper, Lewis Church & Solomon Blackburn.

Ordered by the court that the overseers be allowed one dollar & fifty cents per day.

Ordered by the court that Q. F. Neal be allowed the amount for. [This is how it is written, dosen't make sense]

Ordered by the court that A. N. McMillan be allowed five dollars for money he paid Hamilton C. Jones in a road suit.

R. T. Hardin 9
Thomas Wayman 6
John Eldrith - 6
Elihu Weaver - 4
Jonston Perkins - 5
John Weaver - 4
Thomas Sutherland - 4
David Worth - 6
J. T. ? Calloway - 6
David Howel - 6
John Reaves - 6
Matthew Carson - 4
John W. Martin - 3
J. Baham? -1

[Note - no explanation is found in the court minutes of what this list and numbers are for.]

Tuesday 10. Court met according to adjournment.

Present

George Bower
George H. Hamiliton
John Reaves

State
vs.
Jacob Taylor
Submission. Dismissed upon payment of the costs.

On motion ordered that Dr. James Calloway be appointed administrator of Alfred Shephard, Dec.

7. N.C. & Jesse Vanoy
vs
Hugh Caudill
The following jury sworn and charged

James Richardson John Duvall Wm. Taylor Peter Eller
Elijah Blevins Jordan Sheets Charles Roark Eli Blevins
Jacob Lewis Joseph Osborn Elias Bare Thomas Burgess

Who find in favor of the plantiff, judgment for 31.67 fee bill.

8. Finley & Gordon
vs
John Poe
The following jury was sworn & charged.

Abram Roark Elijah Blevins John Duvall
Thomas Burgess Mathias Bledsoe Eli Blevins
Jordan Sheets Charles Roark Jacob Lewis
James Richardson Wm. Taylor Peter Eller

Who find all the issues in favor of the defendant, appeal prayed, new trial.

A. Phipps
vs
John McMillan.
Same Jury as No. 7. Non-suit.

State
vs
James Ray
Submission. Fine one dollar & costs. Alfred Dickson security for fine & Costs.

Solomon Blevins
vs
Joshua Sturgill
Same Jury as No. 8. Who say for their verdict they find all the issues in favor of the defendant.
Rule for new trial, rule discharged, plantiff prayed an appeal to superior court, appl granted, bond filed.

Mathew Carson
vs
John Ballou & Hugh Smith
The following Jury sworn and charged.

William Trivett Elijah Blevins Jesse Goss
John Miller Jefferson Greer John Dickson
Geo. A. P. Nye Eli Carter Eli Blevins
Eli Graybeal J. M. McMillan Solomon Blackburn

Who find all the issues in favor of the plantiff, Deft, prayed and obtained an appeal to the superior court, bond filed.

A deed of conveyance from Alfred Wyatt and his wife Easter Wyatt to Alfred Sheats was proved in open court and the due execution thereof was acknowledged by the said Wyatt and his wife, and upon motion of George H. Hamilton, Esq., one of the justices presiding in said court was appointed by the court to take the private examination of the consort Easter and upon the said examination had separate and apart from her husband she states that she did execute the said deed freely and voluntarily and without the fear or compulsion of her said husband. Ordered by the court that the said deed with the certificate be registered.

Ordered by the court that F. W. Scott & John Reaves be appointed to settle with John Koonse administrator of George Koonse.

Ordered by the court that Jarret Duvall & Wm. Baker be appointed to settle with David Blevins & Wilborn Thompson, administrators of Jacob Stitt, dec.

Wednesday, 11. Court met according to adjournment.

Present
George Bower
George H. Hamilton
John Reaves

Finley & Gordon
vs
John Poe
Judgment set [three illegible words] granted.

Mathias Bledsoe
vs
Christian Burkett

Eli Carter Elijah Blevins John Miller
Thomas Burgess Eli Blevins John Dickson
James Richardson Joseph Osborn Elias Bare
John Osborn Absolom Roark Charles Roark

The jury who say for their verdict they find all the issues in favor of the plantiff. Defendant prayed and obtained an appeal to the superior court, bond filed.

Aaron Latham
vs
J. Baker
The defendant comes into open court and confesses judgment for $90.57.

John Poe
vs
John H. Virbal

Geo. A. P. Nye Jordan Sheats Reuben Sutherland
John Duvall Jacob Lewis John Dunkin
Wm. Taylor Reuben Peppers Jacob Blevins
Peter Eller Eli Graybeal Martin Sheats

Jury who find all the issues in favor of the plantiff, judgment according to [illegible] for the sum of forty dollars and [illegible] cents. Plantiff assigned costs of the judgment to Q. F. Neal and to be marked on the execution.

John Poe
vs
Hamilton D. Bower
The following Jury was sworn and charged.

Geo. A. P. Nye Eli Graybeal Martin Sheats
John Duvall Reuben Peppers Jacob Blevins
Hiram Taylor Jacob Lewis John Duncan
Peter Eller Jordan Sheats Jeremiah Ray

Who say for their verdict they find all the issues in favor of the Def. New Trial granted.

Thursday 13. Court met according to adjournment.

Present

George Bower
George H. Hamiliton
John Reaves

Stephen Thomas & others, ex parte
Motion to amend the report of Stephen Thomas & Joshua Pinioin commissioners on the road leading from the top of Deep Ford Hill on Redies River running through Ashe County to the Tennessee line by consent of the [word bloted] it is ordered by the court that the present commissioners to wit: Stephen Thomas & Adam Gentry are authorized and directed to resurvey the portion of the upon Stone Mountain and change the rout from what is known as the way wehre it is now laid off at what is known as the Old [word missing] & report to the next term of the court & in the meantime the hands on said road are exempt from working on what is known as the way up the mountain.

Bartlett, Turner & Co.
vs
Jesse A. Reaves
Dismissed at plantiff's costs

John Dickson
vs
Abram Miller & others
The following Jury sworn & charged

John Duvall Peter Eller John McMillan James Richardson
Thomas Burgess Elias Bare Abram Roark Elijah Blevins
Eli Carter Eli Blevins Joseph Osborn Jordan Sheats

Who say for their verdict they find all the issues in favor of the [blank]. Miss Trial [sic]

Ordered by the court that R. T. Hardin & S. E. McQueen be appointed commissioners to take the private examination of Easter Ingram, wife of Isaac Ingram touching her willingness in the execution of a deed of conveyance to John Poe.

A deed of conveyance from Isaac Ingram & wife executed to John Poe being heretofor proven by the oath of the subscribing witnesses, it is ordered that R. T. Hardin & Saml. E. McQueen be appointed commissioners to take the private examination of the [illegible] consent who is a non- resident of the state touching her willingness to execute the said deed and report to the next term of this court.

Harvey, Armistead & Williams
vs
Colvard & Sapp
Jeremiah Ray came in to open court and surrendered Wiley Colvard who was placed in to the custody of the sheriff.

R. L. Dickenson
vs
Colvard & Sapp
Jeremiah Ray came in to open court and surrendered Wiley Colvard who was placed in to the custody of the sheriff.

Smith & Rodes
vs
Colvert & Sapp.
Jeremiah Ray came in to open court and surrendered Wiley Colvard who was placed in to the custody of the sheriff.

Wood & Weisiger
vs
Colvert & Sapp
Jeremiah Ray came in to open court and surrendered Wiley Colvard who was placed in to the custody of the sheriff.

Wodsworth, Turner & Co.
vs
Colvert & Sapp
Jeremiah Ray came in to open court and surrendered Wiley Colvard who was placed in to the custody of the sheriff.

Gardner, Carlton & Co.
vs
Colvert & Sapp
Jeremiah Ray came in to open court and surrendered Wiley Colvard who was placed in to the custody of the sheriff.

Ordered by the court that Eli Pugh. [This is the entire entry]

Sarah Southerland & others, ex parte, petition for dower
By consent of the parties it is ordered by the court that the sheriff proceed to summons a jury to lay off and allot to the petitioner Sarah her down in the lands of Thomas Southerland dec. According to the prayer of this peition and report his findings to the next term of this court.

State of North Carolina
Ashe County
Clerk of the county court of Ashe County will pay to Dr. Smith & Wm. Porter all my fees in your office and this shall be your receipt for the same. April 13, 1860

C. H. Treadway

Pay this order to John S. Forester
D. Smith
Wm. Porter
[The above is the entry]

The following magistrates were appointed to take the list of taxable property for the year 1860:

Jefferson - Col. Geo. Bower
Pine Swamp - Saml. Hartzog
Old Field Creek - Joseph Tarton
North Fork - S. Thomas
Stages Creek - John Baker
Horse Creek - James Sapp
Piney Creek - Joseph Hudler [lined out] Wm. Sexton
Helton - Joseph Hudler
Peak Creek - J. B. Miller

Minute Docket to July Term 1860

State of North Carolina
Ashe County

Be it known that at a court of Pleas and Quarter Session commenced and held for the county of Ashe at the court house in Jefferson on the second Monday in July A. D. 1860 it being the 9th day of said month the following magistrates were present presiding and holding said court towit:

George Bower
John Reaves
Geo. H. Hamilton

The following good and lawful men were drawn as grand jurors

Wm. Miller Alexander Long Jonathan Miller
John Eldrith John McMillan John B. Jones
John Pennington Thomas Southerland John Senter
Thomas Duvall Wm. Osborn John Ham
Wiley P. Thomas Daniel Bare Alfred Graybeal
John Roark John S. Ashley Caleb Campbell

Geo. H. Hamilton, Esq. Rec. Tickets for serving as special court including this term.

Original panel

Jonas Burkett Henry B. Wooddy Jehu Stephens
John Calhoun Wm. B. Baker John Eller
Jacob Roton Jesse Sapp David Burkett
Benjamin Phipps Giles Grayham Geo. A. P. Nye

Ordered by the court that Daniel Howel be appointed overseer of the road from the ford of the river near David Howel's to the fork road between Joseph Howks & Jesse Rays with the following hands: Andrew Gentry, Squire Fouts, John Fouts, Joseph Fouts, Joel Blackburn, Thomas Trivett, Wm. Edwards, James Scott, Jacob Howk.

Ordered by the court that John Tucker be appointed overseer of the road from [illegible] passing by Wm. Baker's in place of Jacob Reedy with the following hands to wide: S. D. Duvaall, Marion Handy, Stephen Anderson, Wm. Wadill, Washington Duvall, John Handy, WM. Huddler, Joseph Reedy, Jacob Ham.

Ordered by the court that Jesse Ray be released form double tax as far as the county is concerned.

Ordered by the court that Camron Stringer be appointed administrator of John Stringer, dec.

State
vs
Andrew Treadway
Gives for security John Roark for appearance to next term.

State
vs
James Gilley
Gives for security Andrew Treadway for appearance to next term.

Ordered by the court that Alfred Osborn be exempt from working on roads & paying poll tax for the next two years.

John Koonce report confirmed & five percent allowed.

State
vs
James Duvall
Submission fine one dollar, James Duvall security.

State
vs
Marion Woody
Submission fine ten dollars & costs. George Koonce & James Woody security.

State
vs
John Massa
Same jury as No. 4, who find for their verdict in favor of def.

Report of jury on a road beginning at David Sexton's leaving the old road then up a branch to the top of a ridge then turn to the right with blazes to John Parsonses then with the old road then to Thornton Sexton's then to the old road near Isaiah Jones. The road from Isaiah Jones to Piney Creek meeing house with the following list of hands Jackson Testament & hands, Reuben Wallis & hands, Edward Blevins & hands, Solomon Blevins & hands, John S. Foster & hands, Henderson Hawks & hands.

The bail of Marion Woody surrenders him in the case of James Brgens vs. Marion Woody.

State
vs
Benjamin Phipps & Joel Huffman
The following jury sown & charged, towit:

Wm. Wilcox Henry Mash Jacob Blevins N. G. Turner
N. H. Waugh Crockett Williams Armstrong Clark John Koonce
Levi Gentry George Patrick Alexander Hawthorn James Lewis

They find for their verdict Huffman guilty, fine one dollar, Joshua Sturgill security, Dobson's fee paid.

State
vs
Alexander Hauthorn
The following jury sworn & charged

Jesse Sapp John Eller Jacob Roton Geo. A. P. Nye
Martin Sheats H. B. Woody Giles Grayham Wm. B. Baker
John Stephens John Calhoun Jonas Burkett Benjamin Phipps

Who find for their verdict defendant acquitted.

Tuesday, July the 10, 1860
Court met according to adjournment
Present
Geo. Bower
John Reaves
Geo. H. Hamilton

Stinson & Hilton
vs
Joshua Baker
Daniel Sperlin wit for the plantiff called and failed. Ni si scifa to issue.

Stinson & Hilton
vs
Joshua Baker
Case No. 7. Debt. The following jury

Jonas Burkett N. C. Wooddy Jehu Stephens
John Calhoun Henry B. Wooddy John Eller
Jacob Roton Jesse Sapp Hugh Smith
Benjamin Phipps Giles Grayham G. A. P. Nye

Being chosen tried & sworn say for their verdict they find all the issues in favor of the defendant, judgment of court in favor of deft from which plantiff prays an appeal to superior court, bond filed & accepted, appeal granted.

Ordered by the court that the sheriff bring to the next term of this court the orphan child of Elisabeth Perry widow of Solomon Perry that the said child may be bound out.

E. C. Bartlett
vs
Alfred Price
Hugh Smith the security for Def. Comes into open court in discharge of his bail.

John M. Carson
vs
Wm. D. Miller
No. 9. Ejectment. Same Jury as No. 7, who say for their verdict they find the defendant not guilty of the trespass complained of in the plantiff's declaration.

John Poe
vs
H. D. Bower
Same as No. 7. Jury withdrawn. Misstrail.

Ordered by the court that J. P. Waugh & Samuel Bower, Esqr be appointed a committee to settle with Wm. Sanders & John Eller executors of Richard Sanders, Dec'd.

Henry Williams
vs
David Blevins, R. Plummer, & Wm. B. Porter
Same Jury as No. 7. Who find all the issues in favor of the plantiff, and assess 131.50, $100 of which is principal money.

James Calloway
vs
Jonathan Bare
The following jury charged & sworn.

John Turner James Turner John Cahoon Jehu Stephens
Jaocb Roton Wm. B. Baker John Eller Jesse Sapp
Geo. A. P. Nye Giles Grayham John Dickson Elis Carter

Find all the issues in favor of the deft. Appeal prayed & granted to superior court.

NC & Edwin Astin
vs
David Blevins
The following jury were sworn & charged

James Bare N. B.Ballou John Oliver Geo. Patrick
Abram Miller Wm. Sanders Isaac Ham Wesley Sheets
Henry Miller James Carson Wash Miller Jonas Burkett

Who find for their verdict they find the issues in favor of the plantiff refered to Wm. Weaver to issue out for judgment.

Edwin Austin, John Koonce
vs
Alexander Reaves
No. 34. The following jury to wit:

Jonas Burkett Jacob Ham Wash Miller M. Bledsoe
James Carson H. Miller John Oliver
John Waymon N. B. Ballou George Parsons
James Bare Wm. Sanders W. Sheats

Who for their verdict say they find all the issue in favor of the plantiff judgment accordin to special filed. Appeal to superior court.

NC & John Dickson
Vs
Abram Miller
Same jury as no. 34. Calvin Goodman in room of Henry Miller, who for their verdict say they find all the issues in favor of the deft., judgment of the court that the deft. Go without [illegible]. Appeal prayed and granted to superior court.

L. H. Jones
vs
Joshua Baker
Same Jury as No. 7. Payment & set off. Jury being impanelled & sworn find the provisions of the bond to be right and assess damages to [blank]. Appeal prayed & granted, bond filed.

Ordered by the court that Wm. Weaver, Esq. Be appointed guardian of John Weaver & Wm. Weaver sons of Isaac Weaver, who have left the county.

The following gentlemen were appointed judges of the election:

Precinct State Election Gov Sheriff
Jefferson John Dickson
Geo. Bower, Junr
James W. Hardin
Alex Elrod
Geo. A. P. Nye
M. Harden
Pine Swamp A. Michael
Sol. Blackburn
Esquire Yates
Elijah Hartzog
Phillip Hartzog
Payton Phillips
Old Fields Jacob Fouts
Jaocb Howk
John Howel
Jo. Howk
Jo. Taytum
W. Trivett
North Fork Z. Baker
S. Thomas
Thos. Southerland
John Graybeal
Alfred Graybeal
C. Johnston
Horse Creek John Eldreth
Reuben Eliot
Wm. Taylor
G. Shepherd
Jehu Goss
Elihu Weaver
Sexton's Jas. Smith
J. Perkins
Jas. Testament
Thos. Waymon
John Whitmon
Jo. Hudler
Chest. Hill Wm. Gambill
John Jones
John F. Greer
A. McMillan
A. N. McMillan
Robt. Gambill
Martin's Jno. Reaves
John W. Martin
Wm. Cox
Carter Wade
Jno. Thomas
M. Buchanan

Jurors Superior Court

Joseph Howk John W. Martin Isaiah Jones John Ballou
Henry Osborn Mathew Carson John Eldreth Jehu Goss
N. B. Ballou Eli Graybeal John Burgess Geo. W. Ketchem
Jarret Duvall Eli Graybeal (N.F) Frederick Severt W. W. Ashley
David Eldreth Camel Johnston R. T. Harden Thomas Brooks
John M. Carson Edward Austin Jesse Price Jefferson Greer
Jonathan Miller Wiley Church Eli Ham Mark Harden
John Harmon Wm. Calhoun Sam. Davis J. B. Miller
Greenberry Phipps Enoch Osborn C. H. Johnston Thomas Jones

Jurors County Court

Harvey Pennington Joshua Jones Geo. Bower, Junr. Ambrose Barker
Wm. Jones (N.F.) Jacob Goodman St. Lega Brooks Zach Baker
Samuel Jones (N.F.) D. A. Stansberry Jacob Bare Jacob Setser
S. C. Waugh David Osborn Robt. Gambill, Jun. Jo. Stewart
James H. Phipps Phillip Hartzog Thomas Cornut David Perkins
John R. Cox Riley Blevins Andrew Austin Bower Walters
Stephen Pennington Wm. Weaver Simon Graybeal Wm. Jones
John S. Osborn James Johnson Wm. Howel, S.F. Cornelius Vanover

B. C. Callaway
vs
Cynthia Tredway
Justice judgment returned to court made a judgment of this court, orders of sale granted & ven. Ex. To issue

John Reaves
vs
B. Y. Martin & D. Osborn
Justice judgment returned to court and made a judgment of this court, order of sale granted & ven ex to issue.

John Reaves
vs
B. Y. Martin & D. Osborn
Justice judgment returned to court and made a judgment of this court, order of sale granted & ven ex to issue.


State of North Carolina

Ashe County

Be it remembered that a court began and held for Ashe County on the 2 Monday of Oct. 1860 it being the 8th day of said month the following justices of the peace were present, preceding and holding said court: Geo. Bower, Geo. H. Hamilton & Jno. Reaves.

Samuel C. Jones appeared and had the following mark recorded a smooth chop off the left ear and slit on the right.

Ordered by the court that J. Dobson be appointed solicitor for the present term.

The following good and lawful men were returned as Grand Jury.

David Stansberry Wm. Jones Jacob Goodman
Drury Pennington Robt. Gambill Cornelius Vanover
David Pirkins David A. Stansberry Thomas Cornutt
Andrew Austin Riley Blevins David Osborne
_____ Stuart Isaiah Long Wm. Howell

State
v
Ambrose ____
Submitd finded two dollars & costs.

State
v
____ Thomas
The following jury charge & sustain the same jury as in case No. 5, say for there verdict the defendant is guilty, fined one dollar

State
vs
Willis Russel
Submits, fined ten dollars, J. P. Parsons, security for cost & fined

State
vs
James Carter
Jury for security [illegible]

Tuesday the 9 the court met according to adjournment. Present: Geo. Bower, Geo. H. Hamilton, Jno. Reaves.

Ordered by the court that Wm. Weaver, J. E. Foster & E. C. Bartlett be appointed to settle with Henry Williams, guardian of the heirs of Lewis Williams, Decest.

Ordered by the court that James Dunn & Wyatt Rose be appointed overseers of the road commening at Joseph Graybeals and running up the Long Branch to intersect the Alleghany Road Near Isaac Ham's field with the following overseers and hands, Jno. Ham & hands, Wm. Ashley & hands, George Shepherd & hands, John Taylor.

Ordered by the court that it be establish as a rule of practice in all cases where rules are obtained in cases on the civil dockett the clerk shall find notice to the parties of the opposet party and in case the party [illegible] is a name, residence the [illegible] shall serve to his [illegible] attorney.

A. B. McMillan
vs
Hugh Cardell
The following Jury is charge & [illegible]

James H. Phipps Jacob Bare Ambrose Jones
Philip Hartzog Joshua Jones Zachariah Baker
Simeon Graybeal John Cox Samuel C. Jones
Geo. Bauer James Johnson Jacob Setser

who find for there verdict all issues in favor of the plantiff and assess his damages to three hundrerd & two dollars & fifty cents, with cost.

John Poe
vs
H. D. Bower

Same Jury as No. 36

Who find for there verdict all the issues in favor of the plantiff and assess his damages to seventy six dollars and sixty-five cents.

Haywood Cox
vs
John Ballow
The following Jury was sworn & charged

Philip Hartzog Jacob Bare Ambros Barker
James H. Phipps Joshua Lewis Ambros Jones
Simeon Graybeal John Cox Jaocb [illegible]
Geo. Bower, James Johnston David Dickison

The court ordered that there is no such record as set [illegible] from which the plantiff prays an appeal.

Ordered by the court that S. O. Duereall have the liberty to with drawing the suit Joshua Baker vs. S. O. Duereall.

NC to the use of Ashe County
vs
Joshua Baker
Who find all issues in favor of the plantiff and assess his damages to $99.19 cts.

Ordered by the court that a jury be summoned to review & layoff a publick road commencing at Chestnut Hill running south to and up the South Fork to intersect with the Road Leading from Jefferson to Gap Civil.

Ordered by the court that a petition having been filed by Elijah Calloway & others for a publick road from the Wagon Ford of Laurel Fork of Obids Creek to Elijah Calloway's have and advertizement having been made according to law that a jury be summoned by the sheriff to view and lay off said road & report there proceedings to the next term of this court.

NC & Edwin Austin
vs.
David Blevins
Same Jury as in No. 37.

Find all the issues in favor of the plantiff and assess his damages sixteen dollars & cost.

North Carolina & A. B. McMillan
vs.
Hugh Cardell
Same Jury as in No. 27.

Who find for there find all the issues in favor of the plantiff and assess his damage to three hundred and two dollars and fifty cents with cost.

Ordered by the court that the sheriff, Jesse A. Reaves have leve to amend his return on an execution issued from this court returnable to Nov. Term 1858 in favor of David Graybeal against William Gambill, John McMillan, & Joseph B. Parson, having term of Augt, 1858 and ____ 22 day of Sept. 1858.

Ordered by the court that Ahart Phipps be appointed Admir. On the Estate of Margaret Hash where upon he give bond in the sum of one hundred dollars, with John Ballow security.

Wednesday Oct. 10th.

Court met according to adjournment. Present and presidin, Geo. Bower, John Reaves, J. P. Waugh.

John M. Carson, sheriff elect having here to fore tendered his bond which was received by the court appeared in open court and was duly swoen according to law, by taking the oath prescribed.

David Dickson
vs
Jesse RayThe following Jury Sworn & charged

Philip Hartzog Jacob Bare Ambros Barker
Simeon Graybeal Joshua Jones Zachariah Baker
Ambrose Jones John Cox Samuel Jones
Geo. Bower James Johnston Zach Setser
Who find all the issues in favor of the plantiff and assess his damages. The defendant came into court and confessed judgment for one hundred and eighty dollars and forty-one cents of whcih same and one hudnred and sixty seven dollars and forty-five cents is principle money with cost.

NC & J. R. Cardell
vs
Hugh Cardell & others
Same Jury as in No. 34
Who find all the issues in favor of the plantiff and assess his damages to seventy nine dollars and 74 cts, of which same seventy dollars & twenty-two cents is principle, money to bare interest untill paid.

NC & James Bennett
vs
Hugh Cardell
The Following Jury were charged & sworn

Philip Hartzog Jacob Bare Ambros Barker
Simeon Graybeal Joshua Jones Zachariah Baker
Ambrose Jones John Cox Samuel Jones
Geo. Bower James Johnston Zach Setser
Who find for there verdict all the issues in favour of the plantiff and assess his damage twenty- three dollars & cost.

Ordered by the court that Aswell Eller be appointed overseer of the road from his house Stagg's Creek Roaad at Gideon Davis' apple orchard with the following hands: Dorec? Eller, William Rotin, Calvin Rotin, Jacob Rotin, John Eller, John Gilley?, Joshua Roark, Stephen Nutsell, but these hands not to be exempt from working in all other roads on which they are now liable to work.