Minutes of the Ashe County, North Carolina Court of Pleas and Quarter Sessions 1865

Ashe County Court Records

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Ashe County, North Carolina Court of Pleas and Quarter Sessions - 1865

August Term, 1865

NOTE: This was the first session of the county court in 1865, and the first after the Civil War. The entire county government was reorganized, and this in this record.]

State of North Carolina
Ashe County

Be it remembered that at a meeting of the justices of the peace appointed by the provisional governor of the State of North Carolina at the court house in Jefferson on the 1st day of August, A.D. 1865, present the commissioner for our said county, Mathew Carson, Esquire, When the following persons as justices appointed and commissioned as aforesaid appeared and took the amnesty oath and oath of office to wit: R. T. Hardin, C. H. Johnson, John Weaver, John Ham, John Duvaul, Wm. Sexton, Wm. Baker, John Jones, Samuel Bower, John H. Carson, Wm. B. Carson, Wm. R. Colvard, J. B. Parsons, N. P. Waugh, Johnson Perkins, John S. Howell.
Qunicy F. Neal is appointed clerk protem.

The above justices being present, it is ordered by the court that E. C. Bartlett be appointed commissioner of the public buildings.

It is ordered that all the justices meet at the court house in Jefferson on Monday next the 7th Inst. Court then adjourned.

State of North Carolina
Ashe County

Court met 7th of August 1865 according to adjournment in the court house in Jefferson. Present all the foregoing named justices being present. David Worth & Geo. W. Ketchum appeared in open court and took the amnesty oath and oath of office as justices of the peace for our said county. The magistrates then proceeded to the Election of the following officers:

R. T. Hardin is elected County Court Clerk
John M. Carson is Elected Sheriff
Andrew Hawthorn is Elected Register
Squire Tribett is Elected Entra Taker
Stephen Pennington is elected constable in the Helton District
Joseph Baldwin is elected constable in Horse Creek District.
Quincy F. Neal is elected county attorney
J. P. Waugh, Geo. Hamilton, J. E. Foster appointed committee of Finance

Ordered by the court that Jesse Eller be appointed overseer of the road from Jefferson to the ford of the Creek at Hugh Smith's place with the former hands.

Ordered by the court that Ruben Wallis be appointed overseer of the rod from Jacob Wallises to the graded road near Alfred Barker with Henry Francis, Wiley Wilton, Geo. Brooks, Jas. Brooks, St. Leger Brooks, Thos. Barker, Alex Barker, David Barker, Bartlett Stike, Wm. Stike.

Ordered by the court that Harrison Goodman be appointed overseer of the road from the Gap of the Mulatto Mountain to the Cross roads on Pine Swamp with the old hands.

Ordered by the court that James P. Ashley be appointed overseer of the state road leading from John Dicksons to Q. F. Neal's with the following hands, Alexd. Dickson< Ambrose Barker, James Plummer, Mitchell Faircloth, Q. F> Neal & hands, C. H. Denny, Calvin Denny, Joseph Duvaul, Ambrose Duvaul,, James Mullis, Harvey Phipps, Elihu Weaver, Jas. Weaver, Creed Ashley, James Denny Sen., James Denny, Jun., Isaac Ham, Dol Miller, Wm. F. Ashley, John Lewis, Wm. W. Ashley, Wm. Herrington, Wm. Ashley, Cary Ashley, John Baker, Wm. Miller, David Miller & Henry Miller.

Ordered by the court that Andrew Treadway be appointed overseer of the Road from John Dickens to the head of Buffalow with all the hands formerly under the old overseer also John Dickson.

Ordered by the court that Daniel B. Senter be appointed overser of the Road from Senter meeting house to E. C. Reeves with all the hands formally belonged to said Road.

Ordered by the court that Hiram Ray be appointed overseer of the Road from Hamil Long Mill to top of the Blue Ridge with the same old hands.

Ordered by the court that John Baldwin be appointed overseer of the Road from Blake Ballows old Mill down to [illegible] Poweres with the all the hands in the old boundaries.

Ordered by the court that Richd. Perry be appointed overseer of the Road from the Mouth of Stages Creek to Thos. Ham's Mill with the old boundary of hands.

Ordered by the court that Eli Greer be appointed overseer of the Road from Helton Store to the Virginia line with the old hands and boundaries.

Also ordered that Enrolling Board Appointed for:

John Jones, J. B. Parsons, Esqrs. For Helton, Piney Creek & Chestnut Hill Districts
Also that
Geo. Hamilton, E. C. Bartlett be appointed for Jefferson, Pine Swamp & Old Fields Districts
Also that
Wm. B. Carson, Matthew Carson is appointed enrolling officer for Cranberry & Peake Creek Districts

Ordered by the court that William Barker be appointed overseer of the Road from Samuel Bower to the widow Howell's with the following hands, Geo. Oliver, Jackson Howell, Jeremiah Howell, Samuel McClure, Wm. Weaver, John Wayman, Geo. Howell, Jr., James Smith, Evan McCarroll, Monroe Barker, Edward Barker, James Denny, David Barker, Alex. Barker.

Ordered by the court that Peter Eller be appointed overseer of the Road from Deep Ford to Samuel Bower with the following hands, L. M. Sheets, Frank Gregory, Lafatt Gregory, Milton Wilson, Solm. Chambers, Marion Chambers, Freeman Blevins, Calvin Eller.

Ordered by the court that Geo. Blevins be appointed overseer of the road from the Widow Howell's to the top of Winda Ridge with the following hands, viz, Alfred Barker, Joab Sullen, Leander Hurley, Harvey Hurley, John Senter, William Senter, Jesse Senter, Geo. Pope, Jasper Hurley & Alfred Blevins

Ordered by the court that Stephen Pennington be appointed overseer of the road from the top of Windy Ridge to Helton with the former hands.

Ordered by the court that Alon Brown be appointed overseer of the Road from A. McMillan's to Samuel Brown with the following hands. N. G. Turner, Columbus Jones, Richard Smith & David Dickson, Jun.

Ordered by the court that Jesse Reedy be appointed overseer of the Road from the Deep Ford to Q. F. Neals with the following hands: Joseph Graybeal & negro boy Hiram, William Eller, Martin Sheets, Joseph Stuart, Robert Francis, Jacob Wine, Joseph Stike, Thomas Duvaul, Martin Duvaul

Ordered by the court that Mark Hardin be appointed overseer of the road from Jefferson to Hamilton's Mill with the following hands: Calvin Graybeal, David Graybeal, W. R. Duke, B. P. Switser, John Ray, Jr., W. H. Hamilton, James Dickson & Geo. Hamilton & Phelix Ray.

The court then proceeded to elect a special court whereupon Geo. H. Hamilton, David Worth & Matthew Carsons was elected Also. Geo. H. Hamilton, appointed chairman of the court.

Also R. T. Hardin the Clerk filed his bond with Jas. W. Hardin, M. Carson, W. B. Carson, John H. Carson & E. C. Bartlett securities and was qualified according to law.

The Sheriff J. M. Carson elected appeared and filed his bond with Johnson Perkins, David Dickson, S. S. Pennington security qualified as the law directs (all the justices of the peace were present).

The Register Andrew Hawthorn elected appeared in open court and filed his bond with John Ray, Sen. As security in the sum of ten thousand dollars and qualified according to law.

E. C. Bartlett sworn as dept. Clerk of the county court.

Ordered by the court that William Pennington be appointed overseer of the Road from the Mouth of Roberts Branch to the Virginia line at Jno. F. Greer's with the same hands that belonged to him before.

Ordered by the court that A. J. Perry be appointed overseer of the Road from Wm. Baker's, Esqr. To Weavers Ford with the hands that belong the said road under John Jones.

Ordered by the court that William Thompson be appointed overseer of the Road from the Mouth of Little Helton to William Baker's with the same hands that belonged to said road heretofore.

Ordered by the court that Joseph Blackburn be appointed overseer of the Road from Edwards' store house to the ford of the River at David Howell's with the same hands that was formally on said road.

Ordered by the court that Andrew Lorance be appointed overseer of the road from the ford of the river at David Howell's to Geo. Hopkinses with his old hands.

Ordered by the court that H. H. Rollins be appointed overseer of the streets of Jefferson with the same hands that belonged to the said streets under E. C. Bartlett.

Ordered by the court that Hugh A. Burgess be appointed overseer of the Road to Beaver Creek from the fork of the road near Daniel's Gap to the Ford of the River with the following hands to wit: Silas Severt, John Severt, Geo. Severt, J. C. Hartzog.

Ordered by the court that Danl. A. Long be appointed overseer of the road from the ford of the river at the Bridge to the Bush hill at the head of John Faw's Mill dam with the following hnds: Jacob Faw, Benjamin Faw, L. A. McNeal, Eli H. McNeal, William McNeal, & James A. Houck.

Ordered by the court that Alexander Dickson be appointed overseer of the Road from Jefferson to John Dickson's with the following hands, to wit: Christian Burkett, Daniel Burkett, Alexander Wiatt, B. H. Neal, Neal Joneses, William Elliott, Wilborn Mullis, Eugene Dickson, Alexd. McEuen, John E. Long

Ordered by the court that Peter McNeal be appointed overseer of the Road from Bush Hill to the Boggs, Kelly Boggs, E. C. Faw, Frederick Severt, John Goodman, Geo. Walters, Enoch Severt, Benjamin Walters, Geo. Burkett, Christian Burkett, Henry Burkett, Eli Calloway, W. O. Vanoy, Jas. Vanoy, Bower Watts, Andrew Lewis.

Ordered by the court that James Garvey be appointed overseer of the road from Geo. Hamilton's Mill to the mouth of Bill's Branch with the following hands to wit, John J. Garvey, J. H. Garvey, James H. Garvey, Jacob Goodman, James Goodman, Henry Scott, Squire Fouts, Philip Teague, John Spaldin, Lewis Greer, Calloway Frank.

Ordered by the court that Wiley Church be appointed overseer of the road from the mouth of Elk Creek to the top of the Laurel Knob with the following hands, W. Wilcox, Isaiah Wilcox, W. Walker, Jeremiah Ray, Jr., Jesse Ray, Frank Capeheart, W. Whittington, Joseph Church, Wm. Howell, & Wiley Howell

Ordered by the court that Wiley Church be appointed overseer of the road from the mouth of Elk Creek to the top of the Laurel Knob with the following hands, W. W. Whittington, Joseph Church, William Howell, Wiley Howell, Jesse Ray, Jr., Jeremiah Ray, Wm. Walker, Biram Howell, Marchael Howell, James Scott, L. R. Scott, Isaac Parsons, Geo. Parsons, Henry Parsons, & Haml. Parsosns.

[These two foregoing entries are very similar, but are the way they are in the original court minutes]

Ordered by the court that Jacob Houck be appointed overseer of the Road from the top of Bee Ridge to the Top of the Laurel Knox with the following hands, to wit: John Houck, George Houck, John Utzman, & Peter Graybeal, Wesley Grimes & Hugh Grimes, John Ray, William Ray, Isaiah Trivett, Frank Capeheart.

The Court then adjourned to Meet on Monday the 27th day of August, 1865.

August Term 1865

State of North Carolina
Ashe County
Be it remembered that a court of Please and Quarter Sessions is this day opened and held in the town of Jefferson the 4th Monday of August 1865, it being the 27th day of the said month the following Justices of the Peace being present & presiding and holding said court to wit:
Geo. H. Hamilton
Matthew Carson, Esqr

Ordered by the court that Abraham Jones be appointed overseer of the Road from the fork of the road below D. Dickson's to Bidda Sturgills with the following hands, viz, Joseph Graybeal, Simeon Graybeal, Jr., Simeon Graybeal, Sen., Drura Powers, Loam [sic] Powers, Joseph Powers, James Powers, Hardin Powers, Drury Anderson, Morgan Testerment, Robey Testament, James Thompson, Abner Thompson, Marion Miller, John Watters, Robert Parsons, Edward Blevins, William Blevins, Harrison Blevins, James K. Brooks, W. Wales, Bryam Sturgill, Wesley Thompson, Milas Privett, Ashley Clark, Harison Blevins.

The last will and testament of Levi Gentry is duly proven in open court by the oaths of the subscribing witnesses thereto and ordered to be recorded wid. Nancy Gentry one of the executors named appears and renounces her Right to qualify as one of the executors. Therein named Jarrott B. Duvall & Clark Porter the other executors of the said will comes in and are qualified as the law directs.

Ordered by the court that John Weaver be appointed Administrator with the will annexed on the estate of Jonathan Miller dec'd and that he enter into bond in the sum of two thousand dollars. Bond filed with John S. Ashley, David Miller, security, and qualified according to law.

Ordered by the court that Aley Miller be appointed Administrator on the estate of Washington Miller dec'd and that she enter into bond in the sum of six hundred dollars. Bond files with Jourdan Sheets security and qualified according to law.

Ordered by the Court that Elizabeth Edwards be appointed Administratrix on the estate of Clisby Edwards and that she enter into bond in the sum of one thousand dollars Bond filed with Jacob B. Houck & Jacob Houck, Sen. Security & qualified according to law.

A majority of the acting justices of the peace being present, proceeded to elect a county solicitor, resulted in the election of R. F. Armfield for Ashe County.

Ordered by the Court that all persons who have received or taken and carried away any iron from the jail of the said county are hereby ordered to appear on or before the next term of the court and give due bill with security for the return of said iron when called for due bill to be given to E. C. Bartlett Commissioner of Public Buildings and if not the law will be put in force against them.

Ordered by the court that Nancy Hart be appointed Administratrix on the estate of Elisha Hart, dec'd and that she enter into bond in the sum of three hundred dollars. Bond filed with James Sapp and Larkin Ham security and she was qualified according to law.

Ordered by the court that John Ham be appointed Administrator on the estate of Thomas Ham, dec'd, and that he give Bond in the sum of four hundred dollars. Bond filed with Richard Perry security and him qualified according to law.

Ordered by the court that Squire Trivett be appointed administrator on the estate of Owen Trivett, deceased, and that he give bond in the sum of nine hundred dollars. Bond filed with J. E. Foster & H. H. Rollins security. He qualified according to law.

Ordered by the court that Wm. Wilcoxen be appointed overseer of the road from Helton store up to the Virginia line with the following hands, Granvill Orsborne, Z. Orsborne, Abaslon H. Anderson, F. Anderson, S. Sturgill, C. H. Pennington, C. Pennington, S. Pennington, W. E. Perkins, B. Ball, B. Sturgill, J. Orsborne, A. J. Blevins.

Ordered by the court that Jacob Black be appointed overseer of the road from Senter meeting house to Jos. Reeves with the following hands, R. Bear, H. Bear, Jacob Bare, Jesse Bare, M. Woody, Thos. Reynolds, B. Idol, W. Meriman, Columbus [illegible], J. M.. Dickson, Alex, Dickson, H. C. Dickson, John Dickson, Douglas Dickson, Hugh Harris, Lee Poe, Massee & R. Shatley.

Ordered by the court that Wm. A. Richardson be appoitned overseer of the road from Flint Hill to John Reeves with the following hands, to wit, W. A. Richardson, Jno. Richards, Jas. Richardson, Sanders Thompson, Calvin Thompson, Eli Church, Wilson Woody, N. C. Shepherd, Geo. W. Shepherd, Isaac Shepherd, Matthew Johnson, W. H. Read, A. J. Read, Alston Waddle, Hiram M. Johnson, W. P. Tucker, D. C. Williams, Geo. Richardson, Eli Church, B... Richardson.

Ordered by the court that David Graybeal be appointed overseer of the road from the Mouth of Little Laurel to the Tennessee line with the following hands, William Latham, R. Jones, H. Orsborne, C. Graybeal, J. P. Orsborne, D. Orsborne, T. Brown, A. Brown, B. Brown, E. Pennington, & J. Pennington.

Ordered by the court that Riley Blevins be appointed overseer of the road from Simeon Graybeal's to Thomas Ham's with the following hands, to wit, Isham Goss, Joshua Ham, William Miller, Eli Weaver & Hiram Weaver, Isaac Miller, Wilas Miller, John Miller, Armstrong Clark, Jesse Miller, Willliam Richardson, A. Richardson, Larkin Ham & Hiram Ham, & Jonathan Miller.

Ordered by the court that Samuel Landers be appointed overseer of the road from Flint Hill to the River near A. Long's with the following hands, Robert Lane, Solomon Cox, Marion Hill, Carter Wade, Asa Wade, James Moxley, Samuel Whitt, Bartlett Stidham, Alfred Reed.

Ordered by the court that Geo. Shepherd be appointed overseer of the road from te Stage Road at or neat the Mouth of Stages Creek to the Flint Hill on the Alegana Mountain with the following hands to wit, H. Price, M. Perry, S. Sheets, H. Miller, T. Ham, W. Landers, L. Kilby, M. Kilby, W. Elliott, J. C. Elliott, A. Ham, J. Roten, F. Eldreth.

Ordered by the court that C. Rorark be appointed overseer of the road from the Flint Hill on the Alegana Mountain to the Post Office on Horse Creek with the following hands towit, G. Ham, T. Ham., Wm. Rorark, R. Perry, J. Ham., G. Taylor, Wm. Ward, J. Taylor, J. Ham, Jr., J. Green, B. Green, N. Ward, J. Rorark, W. Taylor, Jacob Taylor, J. Cook, H. Cook, J. Tucker, C. Davis.

Ordered by the court that Thos. Cornett be appointed overseer of the road from the Mouth of the Roundabout to Sutherland Camp Ground with the hands that formally be longed to said Road.

Ordered by the court that Thomas Sutherland be appointed overseer of the road from Sutherland's Camp Ground to the Wattauga line with the hands that formally be longed to said road.

Ordered by the court that Elihu E. Phillips be appointed overseer of the road from the Gap of the Mulatto Mountain to the cross roads on Pine Swamp with the following hands, to wit, James Phillips, Geo Phillips, Henry Maberry, Luther Perkins, Daniel Woodruff, Jonathan Taylor, W. H. Goodman, Thos. Johnstone, Jacob Faw, Geo. McGuire, Nathan Phillips, James Pope, Elija Teague.

Ordered by the court that David Eller be appointed overseer of the road from Q. F. Neal's to Samuel C. Joneses with the following hands, to wit, John Baker, Jr., Jesse Greer, Calvin Roland, J. B. Roland, R. Hartzog, C. Hartzog, D. Hartzog, John Hartzog, H. Eller, A. P. Eller, H. Miller, John Rorark, Geo. Parsosns, William Riddle, A. Jones, W. Brooks, M. Leek, M. Ricahrdson, Wm. Poe, John Poe, J. Turner, Miller Balem, William Hartzog, M. Gilly, D. Dickson, A. Bear.

Ordered by the court that Calvin Lewis be appointed overseer of the road from A. Rorarks to the Tennessee line with the following hands, Absalom Rorark, Wm. Brown, Philip Orsborne, Caleb Orsborne, Calvin Rorark, Jonathan Rorark, Jonson Rorark, E. Rorark, Jackson Lewis, Hiram Orsborne, Wiley Orsborne, Thos. Farmer, Mack Brown, R. Sutherland, Wm. Mahala, Jesse Mahala, Tim Rorark, Wm. Price, David Orsborne, Wash. Orsborne, Martin Lewis, Alex. Lewis, M. Rorark, Wm. Pope, Samuel Price, Wm. Rorark, James Michell.

Ordered by the court that Sidney Maxwell be appointed overseer of the Road from A. Rorarks to David Worth's with the following hands, A. Rorark, Jo. Johnson Church, Orsborne Estell Goss, Lem. Goss, Isaac Lewis, Jacob Lewis, Eben Cox.

Ordered by the court that D. M. Jones be appointed overseer of the Road from the Mouth of Big Laurel to Wm. Orsbornes with the following hands to wit, Henry Orsborne, H. Dollar, John Graybeal, Noa Orsborne, S. Pennington, F. Johnston, L. Ashley, Henry Estridge, Roe Dollar, W. King, H. Price.

Ordered by the court that J. C. Hartzog be appointed overseer of the road from Philip Hartzog's to J. B. Coldiron's, Jame Benge, Thos. Ashley, Jesse Rattle, Erva & James, E. Hartzog, & D. W. Hartzog.

Ordered by the court that G. W. Davis be appointed overseer of the road from Chestnut Hill to the mouth of Helton with the following hands, to wit, Thos. Day, Noa. Weaver, David Perry, Jery Poe, Nathan Phipps, Ben. Phipps, Isaiah Long, Geo. A. P. Neyes, Alvis Blevins, Geo.Grimsley, Ira Stamper, E. Stamper, J. C. Plummer, Jesse Plummer, Linvil Price, Grimsley Hen, Carson's John, E. McConnell, James Grimsley.

Ordered by the court that A. N. McMillan be appointed overseer of the road from the Ford of the River to Senter Meeting House with the following hands, A. B. McMillan, H. Stidham, Jas. Johnson, James Stanley, James Tilley, D. Holloway, A. McMillan's slaves, A. Reaves & his hands, Charles Reeves & his John, Jesse Bledsoe & hands, James Carson & Aras Taylor.

Ordered by the court that Eli Greer be appointed overseer of the road from Helton Store to the Virginia line with the following hands, to wit, Ascon [sic] McCarter, A. McCarter, F. McCarter, Wm. McCarter, G. Plummer, .F. M. Nykirk, J. Acre, A. C. Acre, J. Parsons, J. Henderson, Morris Blevins, S. M. May, M. Testament, A. C. Jones.

Ordered by the court that Jesse Sapp be appointed overseer of the road from the Mouth of Rich Hill Creek tot he top of the dividing ridge between said creek & the Roaring Fork with the following hands, J. Orsborne, T. Orsborne, M. Orsborne, E. Orsborne, L. Ashly, D. Sapp, Sen., Jas. Sapp, & Jesse Sapp, A. Sapp, J. Vanover, Ben. Ashly, Porter Calhoun, Ben Greer, Jas. Calhoon, H. Johnson, D. James, J. Calhoon, C. Ashly, G. Z. Jones, W. Roten, J. Roten, John Jones, G. Lewis, B. Calhoon, H. Pennington, G. Orsborne, D. Sapp.

Ordered by the court that the following persons were appointed judges of the election for members of North Carolina, 1865, to wit;

Precinct Names Precinct Names
Jefferson Precint E. C. Bartlett
Geo. H. Hamilton
Horse Creek John Goss
John Ham
Pine Swamp E. C. Hartzog
E. C. Phillips
Helton Stephen Pennington
A. C. Jones
Old Fields Jacob Houck, Sen.,
F. B. Houck, Jun
Chestnut Hill J. B. Parsons
James Cambill
North Fork John Pennington
John Orsborne
Peak Creek Jesse B. Miller
George Ketchum

E. C. Bartlett, Catharine Burkitt and others, exparte
Pet. For Partition & for other releif
Ordered by the court that the clerk of this court be appointed guardian pen den lit itx of the infant petitioners.

It is ordered by the court that Geo. H. Hamilton, John Dickson, Thomas Calloway, J. E. Foster, & Dr. E. F. Foster be appointed commissioners to lay off and allot to petitioners E. C. Bartlett one fourth part of lands mentioned in the petition and as to the other shares it is directed that they remain undevided until further orders.

And it is further ordered in this case & upon the petition of Catharine Burkett that a jury be summoned to lay off and allot to petitioner Catharine her dower out of all the lands of her deceased husband.

Dicy Trivett
v
Heirs of Owen Trivett
Petition for Dower
The Clerk of this court is appointed guardian perdenlitex of the infant petitioners.

It is ordered by the court that the sheriff summons a jury to lay off and allot to peititioner her dower out of all the lands of her deceased husband report to next term of the court.

Dicy Trivett, Exparte
Pet. For years allowance
Ordered by the court that John S. Howell, Esqr. John Graybeal, Jacob Houck, J. B. Houck, be appointed commissioners to lay off and allott to pet. Her years allowance out of the personal property of her deceased husband.

Elizabeth Edwards
v
Heirs at law of Clisby Edwards
Petition for dower
Ordered by the court that the sheriff summons a jury to lay off and allot to petitioner her dower out of all the lands of her deceased husband.

Elizabeth Edwards, Exparte
Pet. For years allowance
Ordered by the court that John S. Howell, Esqr. John Utzman, Wiley Church, & David Howell be appointed to lay off and allot to pet. Her years allowance out of the personal property of her deceased husband.

Aley Miller, Exparte
Pet. For years allowance
Ordered by the court that John Ham, Esqr. John Eldrith, Reuben Kilby & John Goss free holders be appointed commissioners to lay off to pet. Her years allowance out of the personal estate of her deceased husband's land.

Nancy Hart
v
Heris at Law of Elisha Hart
Pet. For dower
Ordered by the court that the sheriff summons a jury to lay off and allot to pet. Her dower out of all the lands of her deceased husband.

Nancy Hart, exparte
Pet. For years allowance
Ordered by the court that John Ham, Esqr, John Eldridge, Elihu Weaver & William Taylor be appointed comrs. To lay off and allot to pet. her years allowance according to her prayer.

Annie Ham
v
Heris of Thos. Ham
Pet. For dower
Ordered by the court that the sheriff summons a jury to lay off and allot to pet. Her dower of all the lands of Thos. Ham, Dec'd.

Annie Ham, Exparte
Pet. For years allowance
Ordered by the court that John Weaver, Esqr., Elihu Weaver, Reuben Kilby & Jordan Sheets freeholders be appointed to lay off and allot to petr. Her year's allowance out of the personall property of her deceased husband.

Justices Present Geo. H. Hamilton
E. C. Bartlett
Eli Graybeal
Esqrs.

Ordered by the court that E. C. Bartlett & C. F. Foster be appointed to settle with James Wagg, executor of Hugh Smith, deceased.

Ordered by the court that Mary Miller & J. E. Foster be appointed administrators of the estate of David Miller, dec'd and entered into bond in the sum of five thousand dollars. Bond filed with James Dickson & David Eller security and the qualified according to law.

Mary Miller, exparte
Petition for years allowance
Ordered by the court that Camel H. Johnson, Esqr. John Baker, James Dickson & David Eller be appointed comrs. To lay off and allot to pet. Her year's allowance according to her prayer.

Mary Miller & Elizabeth Miller
v
Heirs at law of David Miller, Dec'd
Pet. For dower
The clerk of this court is appointed guardian pendentlite of the infant petitioners.

Ordered by the court that the sheriff summons a jury to lay off and allot to pet. Her dower our of all the lands of her deceased husband.

Saturday, Sept. the 3rd, 1865

Court met according to adjournment. The following justices of the peace present, to wit:

Geo. Hamilton,
Eli Graybeal, Esqr
John Duvaul

The report of the Commissioners appointed to settle with Dr. James Wagg, Executor of Hugh Smith, Dec'd is now returned and in all things confirmed. It is further ordered that said executor be allowed four percent commission on the amt. Of assets that come into his hands.

A paper writing purporting to be the last will & testament of Miss. Elizabeth Smithdeal, Dec'd was produced in open court and by consent of the parties [illegible] and heirs it is agreed that the same be set aside and declared null and void & she is hereby declared to have died intestate. And it is ordered that E. C. Bartlett & Tobias Smithdeal be appointed administrators of the said estate of Elizabeth Smithdeal, Dec'd, & that they give bond in the sum of seven hundred dollars. Bond filed with R. T. Hardin, & Q. F. Neal, their security & they qualified as the law directs.

Ordered by the court that E. C. Bartlett & Tobias Smithdeal be appointed Adm'r of the estate of Wm. Smithdeal dec'd upon their giving bond & security in the sum of two hundred dollars. Bond filed with R. T. Hardin & Q. . Neal their securities & they qualified as the law directs.

Ordered by the court that Geo. W. Reeves be appointed overseer of the road from Jefferson to the ford of the river with the same hands formally belonged to said road.

Ordered by the court that A. P. Coldiron be appointed overseer of the road from the ford of the river to the top of the Blew Ridge with the same hands that formally belonged to s'd road.

October, Special Term, 1865

Be it remebered that in percusnace of an ordinance of the Convention of the State of North Carolina a call term of the Court of Please & Quarter Session was held at the Court House in Jefferson on the 28th day of October, 1865. Present and holding the same, Geo. H. Hamilton, Matthew Carson, E. C. Bartlett, Esqr., When the following procedings were had.

It is ordered that the following persons be appointed judges to hold the next several elections, to wit:

Precinct Judges Issue
Pine Swamp E. H. Hartzog
Amos Michael
Congress
Pine Swamp Thomas Blackburn
E. C. Phillips
Governor
Pine Swamp Edward Blackburn
J. Yates
State
Pine Swamp Philip Hartzog
I. J. Yates
Sheriff
Pine Swamp J. C. Hartzog
R. Holderby
Sup. C. Clerk
Pine Swamp B. McMillan
D. W. Hartzog
County Clerk
Pine Swamp David Michael
Hamilton Phillips
Secession
Pine Swamp Daniel Woodruff
Moses Teague
Slavery
Old Fields George Houck
John Graybeal
Congress
Old Fields Henry Houck
D. Howell
Governor
Old Fields John Utzman
Jacob Houck
State
Old Fields Jacob Fouts
Wm. Houck
Sheriff
Old Fields Jacob Goodman
Joel Blackburn
Sup. Clerk
Old Fields J. S. Howell
D, Howell, Jun
County Clerk
Old Fields John Walker
C. Crisle
Secession
Old Fields Joseph Houck
S. J. Fouts
Slavery
North Fork John Orsborne
John Pennington
Congress
North Fork Alfred Graybeal
Wm. Latham
Governor
North Fork Eli Graybeal
David Graybeal
State
North Fork John Graybeal
Larkin Roten
Sheriff
North Fork Jacob Roten
S. Maxwell
Sup. C. Clerk
North Fork A. M. Maxwell
John Calhoon
County Clerk
North Fork Solomon Price
Jacob Lewis
Secession
North Fork Thos. Cornutt
Lark. Lathamn
Slavery
Horse Creek Solomon Ham
Solomon Perry
Congress
Horse Creek A. Miller
Elihu Weaver
Gov.
Horse Creek John Ham
Waj. Sanders
State
Horse Creek Eli Ham
Gardner Shepherd
Sheriff
Horse Creek Abram Ham
Rich'd Perry
Sup. Clerk
Horse Creek John Goss
Eli Miller
County Clerk
Horse Creek Abe Miller
Johua Ham
Secession
Horse Creek Larkin Ham
James Sapp
Slavery
Helton A. Jones
S. Pennington
Congress
Helton David Smith
Prior Roberts
Governor
Helton Wm. Sexton
H. Francis
State
Helton Wm. Parsons
Wm. Stuart
Sheriff
Helton A. Stuart
J. Testament
Sup. Clerk
Helton Isaiah Jones
Thos. Hurley
County Clerk
Helton J. T. Legrand
Sanders Jones
Secession
Helton Joseph Hudler
Geo. Blevins
Slavery
Chestnut Hill J. H. Carson
J. McMillan
Congress
Chestnut Hill Jas. Gambill
Robt. Pierce
Gov.
Chestnut Hill A. J. Price
John Jones
State
Chestnut Hill J. B. McMillan
Robt. Gambill
Sheriff
Chestnut Hill A. B. McMillan
Josh. Cox
Sup. Clerk
Chestnut Hill Wm. Senter
Asa Weaver
County Clerk
Chestnut Hill Wm. Porter
Wiatt Perry
Secession
Chestnut Hill James Porter
Bryant Rose
Slavery
Peak Creek Wm. Johnson
John Knookce
Congress
Peak Creek J. Reaves
F. M. Scott
Gov.
Peak Creek J. B. Miller
Geo. Ketchum
State
Peak Creek Jno. Richardson
Jas. Johnson
Sheriff
Peak Creek Charles Reeves
John Poe
Sup. Clerk
Peak Creek Geo. E. Miller
T. Woody
County Clerk
Peak Creek Carter Wade
A. Reves
Secession
Peak Creek John Poe
D. Sheets
Slavery
Jefferson John Dickson
Geo. Bower
Congress
Jefferson A. Dickson
J. W. Reves
Gov.
Jefferson Geo. H. Hamilton
E. C. Bartlett
State
Jefferson Thos. Calloway
Alexr. Dickson
Sheriff
Jefferson John Vanoy
Eli Graybeal
Sup. C. Clerk
Jefferson Andrew Hawthorne
Jonas Burkett
County Clerk
Jefferson Thos. Hughs
A. P. Coldiron
Secession
Jefferson A. Barker
J. A. Ashley
Slavery

November Term, 1865

State of North Carolina
Ashe County
Be it remembered that at a court of please & quarter sessions begun and held for the county of Ashe at the court house in Jefferson it being the 27th day of November, 1865, the following Justices of the Peace ware present, presiding & holding court, to wit:

Geo. Hamilton Eli Graybeal Esquire
Wm. Sexton John S. Howell
J. B. Miller Geo. W. Ketchum
Wm. Carson John Duvaul

Ordered by the court that William Miller be appointed overseer of the road from Jefferson to the ford of the river in place of George Bower, with the same hands.

Ordered by the court that David Sexton be appointed overseer of the road in the place of John Baldwin with the same hands formally be longed to John Baldwin and the same road.

Ordered by the court that Geo. E. Miller be appointed overseer of the road from the ford of the River to Geo. E. Miller's with the former hands that worked on said road.

Ordered by the court that James C. Miller be appointed overseer of the road from Geo. E. Miller's to Laurel Springs with the former hands that worked on that part of the road.

The last will & testament of Jacob Bare is duly proven in open court by the oath of the subscribing witnesses & ordered be registered ordered that Jesse B. Miller be appointed administrator with the will annexed of the said Jacob Bare and that he gives bond in the sum of two hundred & fifty dollars, bond filed with John H. Wagonner & John Bear securities & he qualified as the law directs.

Ordered by the court that Thos. McGuire be appointed overseer of the [road] from the ford of the river near Miss Cooper's to the mouth of Elk with the hands on the following farms, to wit: Lewis Churches, Harvey Phillipses, Geo. Shepherds, Wesley Phillipes, Milas McGuires, Thos. McGuires, & Wiley Churches River farm.

Ordered by the court that W. P. Gentrey be appointed overseer of the raod from the Wattauga line to Calloways Gap with the following hands there on, David Stansberry, Geo. Lorances, H. Grogan, Giles Graham, Wm. Jonese, Miley Green, M. Bledsoes farm & David Howell's farm & the old Calloway Farm.

Ordered by the court that Noa Greer be appointed over seer of the road from Calloway's Gap to Jonathan Spivey's with the following farms & hands there on, to wit: A. Jackson's, William Gentry, M. Calloway, Reuben Jones, Elija Greer's Farm, Rebecca Lorances, John Ingrams, David Rash & Jo. Rashes.

John Baker, John Orsborne, John Pennington & Jesse McMillan who was appointed Magistrates appeared in open court and was duly qualified as justices of the peace.

Ordered by the court that W. H. Blevins be appointed administrator of the estate of John Ward, Dec'd, and that he enter into bond in the sum of three hundred dollars.

John M. Carson sheriff of Ashe County appeared in open court and tendered his resignation and it was accepted by the court.

Ordered by the court that Noah Black be appointed overseer of the road from the Sandy Flat to the top of the mountain with the former hands that belonged to said road.

E. C. Bartlett Justice of the Peace appeared in open court and tendered his resignation which was accepted by the court.

The court proceeded to appoint William Latham Sheriff of Ashe County the following justices of the peace were present, to wit:
Geo. W. Ketchum, W. B. Carson, Geo. H. Hamilton, Eli Graybeal, John S. Howell, John Baker, John Orsborne, John Pennington, John Ham, Jesse B. Miller, Jesse McMillan, Esquires.

William Latham filed his Bond in the sum of thirty thousand dollars with David Worth, David Eller, John Orsborne & John Bennington as securities and was qualified according to law to fill out the provisional term of J. M. Carson.

Ordered by the court that Gideon Weaver, Mathias Miller be appointed administrators on the estate of John Weaver, Dec'd and that they enter into bond in the sum of five thousand dollars. Bond filed with John Baker & John Ham securities & they qualified according to law.

Ordered by the court that the Admrs. make sale of all the personal property belonging to said estate.

Elizabeth Weaver, Exparte
Pet. For years allowance
Ordered by the court that John Baker, Esqr , Standaford Turner, Luke Eller & Jordan Sheets be appointed comrs. To lay off & allot her years allowance out of the estate of her husband, John Weaver, dec'd.

The court proceeded to elect a surveyor for Ashe County which resulted in the election of William Johnson who filed his bond with A. B. McMillan & George Koonce as securities and was qualified according to law.

Ordered by the court that A. B. Cox be appointed guardians for the heirs of Wm. McMillan, Mahaly Jane, Hardin R., Nellie A, Sarah & Jesse C. McMillan. Bond filed with A. B. McMillan security in the sum of one thousand dollars.

Ordered by the court that A. M. Maxwell be appointed overseer of the road from S. C. Jones' to the ford of the river opposit the church near Worth's with the former hands belonging to said road.

Ordered by the court that William Night be appointed overseer of the road from Thos. Cornutt's to Baldin's Gap on the stone mountain with the same hands that worked under Jesse Orsborne.

Ordered by the court that Elizabeth Brown be appointed Administratrix of the estate of Lewis Brown deceased & that she enter into bond in the sum of three hundred dollars bond filed with John Orsborne security.

Elizabeth Brown, exparte
Pet. For years allowance.
Ordered by the court that John Pennington, Esq., Thos. Farmer, Jesse Parker, Joseph Graybeal be appointed commissioners to lay off to pet. Her year's allowance out of the estate of her deceased husband Lewis Brown.

Ordered by the court that Geo. A. P. Nye be appointed Admr. On the estate of Harvey Plummer, dec'd & that he enter into bond in the sum of two hundred dollars. Bond filed with Joseph Ready & W. M. Baldwin security and he qualified according to law.

Ordered by the court that Gideon Weaver & Mathias Miller be appointed Administrators of the estate of Jonathan Miller Dec'd with the will annexed bond filed in the sum of two thousand dollars with Q. F. Neal security.

Ordered by the court that Samuel Jones be appointed overseer of the road from the Mouth of Big Helton to the first ford of Long Shole creek with the following hands, to wit: Eli Barker, Clarence Carter, Lowry Tilly, Emory Tilly, Shade Barker, Ambrose Teague, Augustus Teague, John Plummer, Jesse Plummer, Uriah Ballow, Calvin Brinegar & John S. Forester.

Ordered by the court that John Baker, Esqr. Be appointed oversser fo the road from Q. F. Neal's to Polly Miller's, with the following hands, to wit: D. Pennington, Henry Miller, Jesse Greer, W. Riddle, M. Richardson, John Baker, Junr. G. W. Reedy, A. Bare, Bolar, Isaac Poe, & W. Poe

Ordered by the court that Leander Howell be appointed overseer of the road from Isaac Stoes to Jefferson with the following hands, to wit: Wesley Huse, George Hughes, Wm. Palmer, R. Kemp, C. Kemp, Miles Calloway, Jacob Calloway, Jas. Calloway, Eli McNeal, Joel Stow, Linvill Sheets.

Ordered by the court that Wm. Cole be appointed overseer of the Road from the Mouth of Roundabout to Sutherland's Camp Ground with the hands that formerlly belonged to said road that worked under Thos. Cornutt.

Ordered by the court that Geo. W. Burkett be appointed overseer of the Road from the top of the hill between Susan Walters & James Burketts to the Fork of the road at the Smithdeal place with the following hands to wit: C. A. Burkett, H. H. Burkett, A. C. Hawthorn, J. H. Vanoy, W. O. Vanoy, Eli Calloway.

Ordered by the court that Fred. Severt be appointed overseer of the road from the top of Buck Hill to the top of the Hill between Jonas Burkett & Susan Walters with the following hands, to wit: Isaac Boggs, A Boggs, E. C. Faw, E. Severt, Peter McNeal, & B. F. Walters.

Nancy J. Blevins, Exparte
Pet. For years allowance
Ordered by the court that John Ham, Esqr. Elihu Weaver, W. Taylor & Isaac Miller free holders be appointed commissioners to lay off & allot to pet. Her years allowance out of the estate of John Ward, Dec'd
W. H. Blevins & wife
v
Phebe J. Ward
Pet. For dower
Ordered by the court that R. T. Hardin be appointed Guardian pendenlitlite of the infant deft., who admits servis process. It is further ordered by the court that the sheriff summon a jury to view lay off then allot to pet. Nancy J. Blevins, her dower out of the estate of her late John Ward, Dec'd.

Tuesday, the 28th Nov. 1865

Court met according to adjournment. Present, Geo. H. Hamilton, Eli Graybeal.

James M. Gentry & others
v
Heirs of Jonathan Walters, Dec'd
Pet. For sale of the lands
It is ordered by the court that R. T. Hardin, Clerk be appointed Guaridan pendenlitlite of the infant defendants who came into court and admits servis of proces. It is further ordered that pet. . M. Gentry Admr. Procede to sell the lands as prayed for in the petition on a credit of six months, the proceeds to be assets in his hands to pay debts & expenses of Admrs. and make return to the next term of this court.

A deed of conveyance from Marion & Hiley Beamon [illegible] to W. M. Baldwin here to fore proven and a commission issues to J. B. Parsons & J. F. Greer to take the private examination of the said Fem. Covent Hiley Beamon is here returned with the report of said commissioners and on motion the said deed with said comrs. Report is ordered to be Registered.