Minutes of the Ashe County, North Carolina Court of Pleas and Quarter Sessions 1862

Ashe County Court Records

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Minutes of the Ashe County, North Carolina Court of Pleas and Quarter Sessions - 1862

January Term 1862

State of North Carolina
Ashe County

Be it remembered that at a court of please and Quarter Sessions held at the court house in Jefferson on the second Monday of January A.D. 1862 being the 13th day of said month, the following justices of the peace were present and holding said court.

Geo. H. Hamilton, Esq
Daniel Worth, Esq.
David Sapp, Esp.,

Moses? Loveless excused from double tax for the year 1860.

Orderred by the court that L. D. W. Sheets be appointed administrator for the estate of Rachel Sheets (Dec'd) and that he entered into Bond of one hundred dollars the bond filed with Henry Eller security.

Ordered by the court that Allen Adams be appointed administrator of Creed Adams Estate (Dec'd) that he enter into Bond for one hundred dollars Mainz? Loveless security.

David S. Perkins is entitled to a ticket for tax for the year 1860.

Ordered by the court that Dr. A. B. Coxes tax list be amended and that the sheriff be allowed the tax upon thirteen hundred dollars, being the amount to be deducted from said list.

Ordered by the court that letters of administration be granted to Charles Tilley on the estate of Edmund Tilley (Dec'd).

It appeared that Mary S. Parsons, wife of Joseph B. Parsons hereof infered therefore ordered by the court that John F. Greer & Joseph Hudler be appointed to take the private examination of the said Mary S. Parsons above in reference to her signature to a deed of conveyance to Wm. Baker, Esq.

Ordered by the court H. H. Bolling be appointed overseer of the streets of the town of Jefferson with all the hands in said town liable to work on roads.

Ordered by the court that James Wagg be appointed guardian peridenttle litte of Bryon Sturgill, Mariah Sturgill & Martha Sturgill minor heirs of John Sturgill (dec'd) and upon the petition of the administrator of the said John Sturgill (Dec'd) pray in for the sale of the real estate of the heirs of the said John Sturgill and the guardian assenting thereto it is ordered by the court that Reason Jones & W. M. Jones, administrator of the said John Sturgill proceed after due advertisement to sell the lands mentioned in the proceedings upon a credit of six months and that they make return to the next term of this court.

Tuesday, the 14th court met according to adjournment.

Present and presiding:
Geo. H. Hamilton, Esq
David Worth, Esq.
John Reves, Esq.

Ordered by the court that Reuben Wallis be appointed administrator of the Estate of James Testamen (Dec'd) and that he enter into bond of one thousand dollars bond filed with John Duvaul & Jacob Eller Security.

Thomas L. Testerman, Ex-parte & others } Petition for division of real estate.
Ordered by the court that David Smithm Prior Roberts and S.T. Ledger Brooks, Thomas Wayman & Thornton Sexton be appointed commissioners to divide the lands among the petitioners as prayed for in the petition and report to the next court.

Ordered by the court that a ticket issue to the sheriff for the full tax county and state for all the volunteers who have been mustered into service listed on the tax books for the year 1860.

A majority of the magistrates being present.
Ordered by the court the sheriff be allowed Eighty-five dollars for extra services.

Ordered by the court that James Wagg be allowed Eighty-five dollars for extra services.

Ordered by the court that Mary Rhea wife of Samuel Rhea be allowed ten dollars for services don by Samuel Rhea the Commissary while in Jefferson.

The following Gentlemen were appointed a board of Superintendance to wit: David Worth, Benjamin H. Neal, Natha H. Waugh, David Smith, A. McMillan, A. P. Coldiron, John Weaver, Esq., John W. Martin, Esq.

A majority of the magistrates being present the court proceeded to lay the following tax for county purposes five cents on the hundred dollars worth for county purposes & twenty cents on the pole & twenty cents for the pore on the pole and five cents on the hundred dollars worth for the pore.

The following persons were appointed assessors:

North Fork District David Worth, Esq.
Stages Creek District John Weaver, Esq.
Horse Creek District John Eldrith, Esq.
Piney Creek District James Smith, Esq.
Helton District William Baker, Esq.
Chestnut Hill District Andrew McMillan, Esq.
Peak Creek District John W. Martin, Esq.
Pine Swamp District C. B. Philips, Esq.
Old Fields District Jas. W. Hardin, Esq.
Jefferson District Geo. H. Hamilton, Esq.

Same Committee of finance continued.

David Worth, John Reves & Geo. H. Hamilton elected special court.

Q. F. Neal, Elected Soliciter

List of Jurors to Aprile Term (viz)

1. Joshua Sturgill 11. John Greer 21. Wm. Baker
2. Thos. Calloway 12. James Garvey 22. Welborn Shepherd
3. Blake Weaver 13. Alexander Sutherland 23. Martin Brown
4. Thos. Blackburn 14. Joseph Baldwin 24. Geo. H. Phillips
5. Benjamin Brown 15. Solomon Greer 25. Wiley Church
6. James Richardson 16. Ambrose Barker 26. Joseph King
7. Thos. Farmer 17. Milas McGuire 27. Jacob Faw
8. J. B. Parsons 18. A. B. McMillan 28. Luke Eller
9. William Orsborn 19. Thos. Rennolds 29. Sidney Maxwell
10. Wilson Farmer 20. John Richardson 30. David Orsborn

January Term 1862

State of North Carolina
Ashe County

Be it remembered that at a court of please and Quarter Sessions held at the court house in Jefferson on the 2d monday of Aprile A.D. 1862 being the 13th day of said month, the following justices of the peace were present and holding said court.

Geo. H. Hamilton, Esq
Daniel Worth, Esq.
John Reves, Esq.

The following good & lawful men were drawn as grand jurors (viz)

1. Luke Eller, Forman 6. James Gambill 11. John Richardson
2. George H. Phillips 7. Wiley Church 12. Wilborn Shepherd
3. A. B. McMillan 8. Martin Brown 13. William Baker
4. Jacob Faw 9. Joseph King 14. Thomas Calloway
5. David Orsborn 10. Ambrose Barker 15. Blake Weaver

Original Panel.

1. Joshua Sturgill 5. Thomas Reynolds 9. Joseph Baldwin
2. Milas McGuire 6. Wilson Farmer 10. James Richardson
3. Alexander Sutherland 7. J. B. Parsons 11. William Orsborne
4. Thomas Farmer 8. Benjamin Brown 12. Solomon Greer

State
v
Solomon Shaw
Submission fine and cost, Isaac Poe confesses judgment for fine & cost.

Order for child Bound to R. Jacks. R. Jacks is to give Hugh P. Tilley two years schooling, including free schools, a good suit close & a horse worth seventy-five dollars.

State
v
Andrew Price
Jurors Sworn

1. Thos. Testament 5. Milas McGuire 9. Alex. Sutherland
2. Elija (illegible) 6. David Burket 10. Thos. Reynolds
3. Wm. Orsborn 7. Joseph Baldwin 11. Josh. Sturgill
4. Milas McGuire 8. James Richardson 12.Thos. Farmer

Who find the def't guilty & fined fifty cents.

State
v
George Farrington
Same Jury as in case No. three, who say for their verdict that the Def't guilty and find him fifty centes, Mumford Farrington security.

State
v
C. R. Philips, Wm. Calloway
Submission by Phillips & Calloway fined penny & cost, James Callaway security ofr William Calloway.

State
v
Jesse Dickson
Drury Halsey proves his attendance as witness 1 day 12 miles.

State
v
Solomon Roten, Def't
Same jury as in No. 3 who say for their veridict that he is guilty fined two dollars.

Ordered by te court that John Dickson be appointed administrator of the estate of John Nelson (dec'd) & that he enter into bond in the sum of seven hundred dollars bond filed, with J. M. Gentry security.

Tuesday, 15th court met according to adjournment.

Present
Geo. H. Hamilton
David Worth
John Reeves

State of North Carolina, Ashe County
Court of Please and Quarter Sessions
April term 1862

Thomas Testament & others, heirs at law of James Testament (Dec;d), Exparte
Upon the return of the commissioners appointed at the last term of this court to partition the lands of James Testamen (Dec'd) among his heirs, the above named petitioners were ordered that the said report be in all things confirmed and the same directed to be registered. It is further directed that the petitioners who have more valuable lots shall pay to the clerk of this court the excess in value as charged in the said report to wit, Jackson Testamen, shall pay the sum of fifty eight dollars & 27 cts, Jacob Eller shall pay the sum of Thirty four dollars & 54 cts and T. L. Testamen shall pay the sum of forty nine dollars & 53 cents. It shall be due and coming to the other heirs to wit, Hugh Testament, Entitlled to $48.45cts., Joseph Graybeal is entitled to $50.56 cts. Morgan Testamen is entitled to $29.20 cts, Stephen Testamen is entitled to $93.43cts. It is further decreed that the cost of this petition including charges for surveying & compensations to commissioners shall be paid by each of the petitioners in equal proportions, and it is further decreed that the clerk shall pay over the claim of Hugh Testamen to Reuben Wallis upon his executing bond for the payment of the same when appeared for.

Jurors for July Term 1862

Geo. W. Reedy Zach. Baker Harrison Baker
Wm. F. Campbell John Ham Alex. Long
John Calhoun John Cox (Jesse's son) Henry Ray (Jesse's son)
Jefferson Pierce William Price (Horse Creek) John Stephens
John Eldreth A.P. Coldiron Jesse Sapp
Stephen Elliott Wm. Pennington Wm. Roten
David Eller Elihu Weaver Peter Eller (Henry's son)
James Lewis Eli Bare David Howell, Sen.
Moses Teague A. J. Vannoy Joshua Cox (Wm's son)
Jesse Orsborn Peter McNeal George E. Miller
James Church William Porter James Mash

Saturday the 19th Court met according to adjournment.

Geo. H. Hamilton
Eli Graybeal
William Weaver

Ordered by the court that David Smith be appointed administrator of the estate of John H. Rouse who filed bond for one thousand dollars with James M. Gentry security.

Ordered by the court that Talton Woody be appointed administrator of the estate of Mitchell Woody who filed bond for three hundred dollars.

Ordered by the court that A. J. Vannoy, H. H. Rollins, David Burket, S. E. Waugh, be appointed patroll for Jefferson District.

Ordered by the court that William P. Hardin, John Hardin & Jacob Goodman be appointed patroll for Old Field District.

Ordered by the court that John Poe, Esq., Charles Reves & Alexander Reves be appointed patrols in Peak Creak District.

May Term 1862

State of North Carolina
Ashe County

Be it remembered that at an extra session of the court of please & Quarter Sessions forAshe County held at the court house in Jefferson on the 3d. Monday of May, A. D. 1862, it being the 15th day of the said month, a majority of the justices of the peace being present, presiding and holding said court. The court then proceeded to lay the following tax for county purposes. All articles to be taxed for county purposes the same that is laid for state purposes, except it be specific article which shall be taxed twenty-five per cent.

Ordered by the court that a tax of four hundred dollars be raised for the benefit of the volunteers families & Geo. H. Hamilton be continued together with the same committee & after all county claims are paid the ballance to be applied to the erection of a pore house.

Ordered by the court that the assesors be allowed one per ct. on the aggregate amount.

The following men were appointed Examining Committee Abraham Weaver, Geo. H. Hamilton, James Wagg & Q. F. Neal.

July Term 1862

State of North Carolina
Ashe County

Be it remembered that a court of please and quarter session for Ashe County held at the court house in Jefferson on the 3d Monday in July, A. D., 1862 it being the 14th day of the said month, the following Justices of the Peace were present & presiding & holding said court, to wit:

Geo. H. Hamilton, Esq.
David Worth, Esq.

The following good and true men were drawn as grand jurors.

Elihu Weaver Jahu (illegible) Eli Graybeal
Jesse Sapp George E. Miller Jefferson Pierce
Wm. Pennington Jesse Orsborn James Mash
Wm. Porter Wm. F. Campbell Wm. Price
Peter Eller Joshua Cox John Calhoun

State
v
Wilborn Richardson, Alfred Dickson & Jesse Dickson
Alfred Dickson submits, fined five dollars, costs. Alfred Dickson security for the appearance of Jesse Dickson at next court.

State
v
J. N. Long
Def't submits pay cost 5 (illegible) fees paid.

Levi Barker administrator on James Barker's Estate by giving bond and security for three hundred dollars.

State
v
Geog. McGuire, John Goodman & Jonathan Faw
Aaron Johnston indebted to the State of NC if he appears at next term of this court.

State
v
Wm. P. Hardin & John Ray
John Ray bound over to the next term of this court.

Martha Jane Barker, exparte as the heirs of James Barker dec'd, exparte, solicitation for dower.

Martha Jane Barker, exparte, Petition for years allowance.

Mary Rouse, exparte, Petition for years allowance.

State
v
Henderson Lewis & Hiram Orsborn
Henderson Lewis called & failed. Judgment ni si for $40.00

Jurors for superior court.

Thomas Brooks, Jr. Geo. Brown Nathan Weaver
Robt. McGuire Thos. Duvaul Sol. Perry
J. W. Hardin J. H. Carson Jacob Setser
Wm. Mash John David Amos Michael
Joseph Hudler John Weaver, Esq. J. H. Whitman
J. M. Maxwell John F. Howell J. B. Miller
J. F. Fouts John Poe, Esq David Dickson
John Utzman J. B. Duvaul William Baker
Jacob Houck John Eldrith C. H. Johnson, Esq.
Paul Hartzog, Esq. Samuel Bower James Smith, Esq.
Levi Johnson Reuben Sutherland J. Ketchum
J. W. Reaves

Jurors for County Court

Marshal Calloway Thos. Cornutt Gid. Weaver
John Richardson David Sapp Joseph Orsborn
J. W. Oliver Wiatt Rose Noa [sic] May
Carter Wade Adam Sheets E. Pennington
J. McMillan David Roland Wm. Turner
Daniel Burkett G. W. Hopkins D. Graybeal
Jacob Bare John Konts A. C. Jones
Eli Blevins Isaiah Jones Alexd. Reaves
David Tucker Joseph Graybeal Henry Eller
John Jones John Graybeal Wm. Thomas

[The record for the October Term, 1862 is not in the microfilm from which this record was prepared.]