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Virginia-At a montly court held for Grayson County at the Court House thereof on Monday thee 28th day of January 1861. Present Martin Fulton Presiding Justice and Hughes W. Roberts, Fielden Levisay, Charles Hale and Andrew Hampton other justices.
The following instruments of writing were admitted to record in the Clerk's Offic of this court since the last term was produced in court examined and ordered to be spread upon the records of this court, viz:
A deed from George W. Cornett Commissioner to William Bourn and Peyton G. Hale was acknowledged in the Clerk's office the 31st day of December 160 by said Cornett as his act and deed and admitted to be recorded.
A deed from Wm. Pugh & Elizabeth C. His wife to Robert P. Baker was acknowledged in the Clerk's office the 10th day of January 1861 by said Pugh & wife as their act and deed she the said Elizabeth Pugh being examined privily and apart from her husband as required by law and admitted to be recorded.
A deed from John H. Barton to Robert P. Baker was acknowledged in the Clerk's Office the 9th day of January 1861 by said Barton as his act and deed and admitted to be recorded.
A deed of trust from Jacob G. Hines to F. M. Hale to secure McLean & Hale was acknowledged in the Clerk's office the 28th day of January 1861 by said Hines & F. M. Hale as their act and deed and admitted to be recorded.
A deed from William Howell to Landreth Ward was fully proved in the Clerk's Office the 28th day of January 1861 by the oath of Harvey Hash a subscribing witness and admitted to be recorded.
A deed from William Howell to Landreth Ward was fully proved in the Clerk's Office the 28th day of January 1861 by the oath of Harvey Hash a subscribing witness and admitted to be recorded.
Ordered that Clarke Porter be and he is hereby appointed General Overseer to superintend the opening of a new road now commencing at a point near Jesse Duval's place and intersecting the Wilson Creek and South Fork Turnpike at or near the Hussey {?} Branch in room of Alexander Young resigned and that he proceed with Evan McCarroll, Wallen, Anderson, Andrew Young and Alexander Young overseers of roads and their companies of hands and open the same as make and law [illegible] and the shall overseers of roads aforesaid and hereby required to attend with their respective companies of hands when called on by said Porter General Overseer as aforesaid and will under his direction in the opening and completion of said road.
Warner Hale and Newell B. Pool who were by a former order of the Court appointed to allot hands between Andrew Robinson, Elijah Adams, Mark Sesler, Fielden Carr and Litrel Hampton overseers of roads this day made their report whcih was received by the court and lists ordered to be certified to the several overseers as reported.
Ordered that Wiley G. Young be and he is hereby appointed General Overseer to open a road from Ezekiel Youngs to Sylvester Halsey's (Now Wm. Cox's) and with the following overseers of roads and their respective companies of hands proceed and open the same to wit: Ezekiel Young, Levi B. Senter, Jeremiah Lovelace, and C. M. Senter, who are hereby required to attend where called on by said Wiley G. Young General Overseers as aforesaid with their respective companies of hands and work under his direction in the opening and completion of said road.
Upon the application of Thomas B. Hampton, it is ordered that Jackson Todd, Wm. Hampton and Wm. Harris be and they are hereby appointed reviewers to view the way from a proposed new road from the Cox's farm road to the line Rile Hill and they report to this first impartially the conveniences and inconveniences that will result as well as to individuals as to the public provided said road shold be opened and established as proposed and especially whether any yard orchard or garden will be taken.
Upon the application of Lewis Haga for a review for a new road. Fielden Levisay, James M. Nelson and Hiram Jones who were at the last December term of this Court appointed to make said review this day made their report which report in their words to wit: "In obedience of an order of the County Court of Grayson County made at December term of said court we the [illegible] being appointed to view a proposed way for a new road leading from the top of Buck Mountain to intersect the Elk Creek road at or near Jacob Hackler's, beg leave to report after a thorough examination of the ground along which said road is proposed to be conducted the undersigned are of the opinion that a good road may be made between the points aforesaid, commencing at the gap of Buck Mountain to the Elk Creek road & running as marked & graded by no through the lands of Wallen Jones, Fielden Levesay, Lewis Haga and are of opinion that the proposed road wwill be of great convenience to the public individuals & will be of no inconvenicence to the public individuals & will be of no inconveniecne to any individual that we know of and that will not take as much work to complete said road as has been reported all which is respectfully submitted by we now in our hands.
Fielden Levisay
James M. Nelson
Hiram Jones
And it appearing from said report that said new road if opened and established as reviewed will be of public benefit. It is therefore ordered that the same be opened and established as a part of the public highway and that Wallen A. Jones who is hereby appointed General Overseer proceed with Jacob Haga, S. M. Anderson, Nathan Ward, Samuel Bishop, Stephen Perkins, Levi Long, Wm. Parks and Lewis Haga Overseers of roads and their companies of hands and open the same as maked and laid out by the reviewers and the several overseers of roads aforesaid are hereby required to attend with their respective companies of hands when called on by said Jones General Overseers as aforesaid and work under his direction in the opening and completion of said road.
Ordered that Nathan Cox be and he is hereby appointed overseer of the precinct of road over which for Joseph Bryant had charge in the room of said Bryant resigned and with the following hands he keep the same in legal repair to wit: Joseph Bryant, Joseph Hash (Joe's Son), Wm. Hash (Wm's Son), Silas Ward, Zachariah Ward, Jr., Enoch W. Cox, Andrew Rutherford, Jr. John Rutherford, Jr., Jackson Rutherford, William Hash (A. Son), William Bryant, Benjamin Cox and Harvey Rutherford and Andrew Cox.
Upon the application of David Phipps for a proposed alteration in the road from the Mud Pike near Silas Wards passing Ballards Store and intersecting the Wilson Creek and South Fork Mud Pike near Johnson Thomas's.
The reviewers made their report at the last term of this court which was received by the court and ordered to be spread upon the records anda summon awarded against the proprietors of the land through which the same passes to appear here on this day to shew cause why said alterations in the road should not be opened as proposed, and it appearing to the court that the proprietors of the land through which the same is proper to be conducted have given their consent in writing and are willing that the said alterations in the roads should be opened as proposed and the court believing the alterations in the road if opened will be of public benefit, it is therefore ordered that the same be opened and established as a part of the public highway, and that Isom Cox and Richard Rere(?) Who are hereby appointed general overseer to open that portion of said road last of the rop of Buck Mountain and there they with Jacob Haga, B. H. Phipps, S. M. Anderson, Enoch Hash, J. M. Lovelace, and Silas Ward, J. B. Cox, John Phipps, Zebedee Phipps, Elbert Cox and Nathan Cox overseers of roads proceed and open the same as marked and laid out by the reviewers and the several overseers of roads aforesaid are hereby required to attend with the respective companies of hands when called on by said Isom Cox & Richard Reeves General Overseers as aforesaid and assist in the opening and completion of the alterations in the road last of the top of Buck Mountain and that Granville Ross and Alexander Young he and they are hereby appointed General Overseers to open the alterations in the road as marked and laid out by the reviewers West of Buck Mountain and that they with William Parks, Lewis Haga, Levi Long, David Cole, Samuel Bishop, Nathan Ward, Alex. Young, Andrew Young, Evan McCarroll, & Hiram Mink overseers of roads and their hands proceed and open the alterations in said road west of the top of Buck Mountain and the several overseers of roads aforesaid are hereby required to attend with their respective companies of hands when called on by said Granville Ross, & A. Young, General Overseers as aforesaid and work under their direction in the opening and completion of the alteration in the road west of the top of Buck Mountain.
Upon the application of Jefferson Carr review for a new road.
Ordered that Minitree Jones, Sr., David Atkins & Cyrus Wilcox be and they are hereby appointed to view the way for a proposed new road from the Knob Fork now crossing New River to the Grayson Sulphur Springs road, and that they report impartially to this court the conveniences and inconveniences that will result as well to individuals as to the public provided said now should be opened and established as proposed and especially whether any yard, orchard, or garden will be taken.
Ordered that Jefferson Ring & Ephraim Boyer be and they are hereby appointed General Overseers in the place of Robert Carr resigned to finish opening a new road commencing at the Knob Fork Road near where Peter Butner formerly lived and intersecting the New Pike road near Talbot Wright's and that they with John Ring, Churchwell Wright, Franklin Tomlinson, Bluford Pool, Jefferson Ring, Wealey Warrick, & Richard Duffey, overseers of roads, and their hands proceed and finish opening said road and the several overseers of roads aforesaid are hereby required to attend with their respecitive companies of hands when called on by said Jefferson Ring and Ephraim Boyer General Overseers as aforesaid and work under their direction in the opening and completion of said road.
Ordered that George D. Reeves overseer of the road & hands be and they are hereby relieved from work ing under Calvin Blevins who was at the September term last of this court appointed General overseer to open a new road across Whitetop Mountain till the further [illegible].
Upon the application of [blank] for a review of alteration in the road from the Mouth of Turkey Fork to the Big Run Gap, S. M. Fulton and Stephen Thomas two of thei persons appointed to make said review this day made their report which said report is in their words "In obedience to an order of the County Court of Grayson at its [blank] term 1860 the undersigned Eli Cornuitt, Stephen Thomas, and Samuel M. Fulton appointed to view the proposed alterations on the road leading from the mouth of Turkey Fork to the Big Run Gap having discharged their duty on the premises return the following report, that said alteration are of general and pulic convenience and much needed in the interests vicinity, that they can be made with a reasonable amount of labor on a good log team and not exceeding at any point 5 degrees besides showning [?] hills of considerable magnitude, it shortens the distance from one fourth to a half a mile, that said alterations pass through the lands of Jefferson Ring and Francis Cornutt and that they do not pass through any yard, garden or orchard, and the viewers further report that said Cornett claims no damages and that said alterations does not damage but is of advantage to said Ring and we suppose that he claims nothing as damage. And upon the whole, we are of the opinion that said alterations should be established, given under our hands and seals this January the 23rd, 1861.
S. M. Fulton {Seal}
Stephen Thomas {Seal}
And it appearing from said report that said alterations if made will be of public benefit, and that no person will be injured by the opening of the same; it is therefore ordered that Monroe Cornutt be and he is hereby appointed General Overseer for that purpose do with Francis Cornutt, Andrew Funk, Jessy Funk & S. M. Cornutt overseers of roads and their companies of hands proceed and open the same and the overseers aforesaid are hereby required to attend with their respective companies of hands when called on by Monroe Cornutt General Overseer as aforesaid and work under his direction in opening the alterations in said road.
Ordered that Talbot Wright & Francis D. Cornutt overseers of roads and their companies of hands be released from working upon or ascertaining in the opening of any new road excpet a new road leading from Elk Creek crossing the mountain at the Henderson Gap to Independence till said road be completed or the further order of this court.
A deed from Alexander Cornutt to Peter Catron was acknowledged by Alexander Cornutt as his act and ordered to be recorded.
A deed of bargain & sale from Peter Catron & Elizabeth his wife to Eli Daniel was produced in court and with the certificates of acknowledgement and privy examination are ordered to be recorded.
The Overseers of the Poor, Pltfs.
against
Lafayette Oglesby
This day came the parties by their attorneies and the defendant Lafayette Oglesby with the assent of the court agress to pay annually to the overseers of the poor of this county the sum of $12.50 for two years; the first payment to be made in the 1st day of March 1861 and the last payment to be made on the 1st day of March 1862 and thereupon the said Lafayette Oglesby with Mastin Fulton his security here in court acknowledges themselves to be jointly indebted to the Commonwealth of Virginia in the sum of $25.00 of their respective goods and chattles, lands and tenaments to be levied, yet upon the condition that if the said Lafayette Oglesby shall observe and perform the above order of this court against him as aforesaid then this recognizance to be void and it is further ordered that the said Lafayette Oglesby pay the costs of this proceeding.
[A marginal note indicates "Bastardy No. 1]
Robert P. Baker who was at a special election held on the 6th day of November in the year 1860 duly elected sheriff of the county of Grayson (to fill the vacancy occasioned by the failure of Stephen Thomas to give bond) to serve as such for the term of two years commencing on the 1st day of January 1861 and afterwards until his successor is qualified to enter upon the discharge of the duties thereof, this day appeared in Court and together with John K. Ballard, Robert Carson, Robert Young, Jonathan Roberts, John Baker, Allen P. Wells, Fielden Young and Richard Isom, his securities entered into and acknowledged a bond in the penalty of thirty thousand dollars conditioned for the faithful execution of the duties of his office, which bond is ordered to be recorded by the Clerk of this Court, who is also directed to transmit a copy of said bond and a copy of this order to the auditor of public accounts. And thereupon the said Robert P. Baker took the several oaths required by law.
James Dickey [illegible] Pltf against A. J. Sexton Deft. An investigation.
Service of notice upon Ephraim Gentry [illegible] being proved in Court it is ordered that this cause be [illegible] and continued till tomorrow.
On the motion of Sorr.... Perkins it is ordered that R. Rouse, Stephen Perkins, and John Ross be appointed to assign her dower in the land of her late husband, Andrew Perkins, deceased and report thereon to Court.
Ordered that Court be adjourned till nine o'clock tomorrow morning.
Hastin Fulton
Tuesday 29th January 1861.
Virginia at a montly court continued and held for Grayson County at the Court House thereof on Tuesday the 29th day of January 1861.
Present Hastin Fulton, Presiding Justice and Hughes W. Roberts, Fielden Livesay, Charles Hale, and Andrew Hampton, Other Justices.
William Sexton, Appellant
against
Andrew Baker, Appelee
Ordered that this cause be continued, and on the motion of the
appellant it is ordered that a rule be made against Wesley
Sebastian summoning him to appear here on the first day of March
term of this court to shew cause, if any he can, why he should not
be fined for his contempt in failing to appear here in this day
having been legally summoned as a witness on behalf of William
Sexton against Andrew Baker which summon is to be directed to the
Sheriff of Smyth County to execute.
On the motion of Robert P. Baker, Wm. J. Neikirk, William R. Baker, John E. Roberts, Marvil Thomas and Stephen Clarke are appointed and permitted to qualify as his Deputy Sheriffs during pleasure and thereupon the said William J. Neikirk, Wm. R. Baker, John E. Roberts, Marvil Thomas and Stephen Clarke took the several oaths required by law.
On motion it is ordered that Fielden Young, David R. Pugh and John Mc. Phipps be and there are hereby appointed to assign dower to Ludema Phipps in the lands and slaves of her late husband Alexander Phipps deceased and report thereon to court.
Ordered that Joseph M. Young commissioner of this court states settlement and the administration account of Samuel Plummer with the estate of Joseph Plummer dec'd and report thereon to Court.
Stephen Thomas late sheriff of Grayson County and as such administrator of the estate of Zachariah Roberts deceased this day came into court and moved the court to release him as such administrator, whereupon the court doth order that [illegible] of said S. Thomas administrator as aforesaid be revoked and annulled and it is further ordered that Robert P. Baker Sheriff of this county take the estate of said Zachariah Roberts deceased into his posession not administered by Stephen Thomas, Sheriff and administer the same according to law.
Ordered that Joseph M. Young commissioner of this court be appointed to state settle and adjust the account of Stephen Thomas late sheriff and such administrator of Zacha. Roberts, deceased and report thereon to court.
The court doth appoint Jonathan Gentry a committee of the estate of Jonas Gentry a lunatic confined in the jail of Grayson County with full power to control said estate both real and personal and be subject to all the duties, liabilities and obligations as such, upon his entering into bond with appointed security in the penalty of one thousand dollars conditioned as the law requires, which lien may be entered into before the Clerk of this court in vacation.
A report and settlement with Troy Cox & Solomon Osborn Admin intractions of Felix Osborn, deceased was returned at the last term of the Court and ordered to be over for exception was again produced in Court and Alexander Osborn by his attorney objected to admitting the report and settlement to record and with the permission of the court filed his objections and it is ordered that the settlement and report be over for further proceedings to be had thereon.
Daniel P. Robinson, Pltf.
against
C. A. Witherowe, L. Oglesby & Wm. H. Oglesby, Securities of N.
A. Callahan late constable of Grayson County in his official
bond.
On a motion to recover money collected by N. A. Callahan as
constable of Grayson County and failed to pay over according to
law.
This day came the parties by their attornies and sundry witnesses being sworn and examined as well as the part of the plantiff as the defendants and the parties fully heard, it is considered by the court that this cause be dismissed and that the defendants recover against the plantiff their costs about their defense in this behald expended.
On the motion of W. M. Bourn and Robert Vaughn who made oath as Administator and together with Eli Cornett, Joseph Phipps Their securities, entered into and acknowledged a bond in the penalty of 1500$ conditioned according to law, certificate is granted them for obtaining letters of administration of the estate of Martin Bourn deceased, not administered by E. M. Bourn and Joseph Phipps whose letters of Administration formerly granted them are revoked and annulled in [illegible].
John Nite [sic - Knight] and Martin Adams who stand accused with felony were led to the bar in custody of the jailor of this court, and thereupon on the motion of the attorney for the Commonwealth and for reasons appearing to the court that the trial of the said John Nite and Martin Adams be postponed till the next term of this court and the said John Nite and Martin Adams is remaneded to jail.
T. J. Perkins
against
Granville H. Pool, late constable of Grayson County, Deft.
On a motion to recover money collected by said Pool as constable and failed to pay over according to law.
This day came the plantiff by his attorney as well as the defendant in his own proper person and agree that Judgment should be entered against the defendant for $75.20 & therefore it is considered by the court that the plantiff recover against the defendant $75.20cents with damages at the rate of 10 per cent per annum from the 1st day of December 1860 till paid and his costs in this behalf expended.
Kent, Paine & Kent, Pltf.
against
E. M. Bourn & Joseph Phipps, Administrators of Martin Bourn
dec'd and Lewis B. Hale, Mastin Hale, Stephen M. Dickey & Wm.
M. Mitchell securities of said Martin Bourn dec'd in his official
bond as coronor of Grayson County.
David R. Pugh one of the securities of Joseph Phipps & E. M. Bourne in their official bond as Administrators of Martin Bourn, deceased having given notice at the last term of this court that he would no longer stand bond as such security, the court accepted his resignation as such and declared the said Administration to be vacant; and not at this day to wit, came the parties by their attornies and E. M. Bourn & Robert Vaughn having qualified as administrators of Martin Bourne deceased according to law and it further appearing to the court that the defendants have had legal notice of this motion, it is considered by the court that the plantiff recover against the defendants A. M. Bourn & Robert Vaughn Administrators as aforesaid and against Lewis B. Hale, Mastin Hale, Stephen M. Dickey and William M. Mitchell securities of said Martin Bourn dec'd in his official bond as coronor of Grayson County the sum of $131.74cents with damages thereon at the rate of 10 per centum per annum from the 3rd day of May 1858 till paid, to be levied first of the goods and chattels of the said Martin Bourn deceased in the hands of the said E. M. Bourn & Robert Vaughn to be administered, and it is further ordered that the plantiffs recover against the defendants their costs in this behalf expended.
Robert P. Baker, deputy for Stephen Thomas, sheriff of Grayson County this day returned to the court a list of delinquent lands in the western or district No. 1 in this County which was examined by the court and ascertained to be correct, and the clerk of this court is directed to certify a correct copy thereof to the Auditor of Public Accounts preserving the original list in his office.
John E. Roberts, Deputy for Stephen Thomas Sheriff of Grayson County this day returned to the court a list of delinquent lands in the eastern or district No. 2 in this County which was examined by the court and ascertained to be correct, and the clerk of this court is directed to certify a correct copy thereof to the Auditor of Public Accounts preserving the original list in his office.
Mauzy & Cooper, et. Al., Plft
against
Richard Billings heir of Alfred Billings, Deft.
In Chancery. On motion of James ... Parks, John Billings, & Lynville J. Perkins who filed their petitions asking to be made [illegible] defendant to this suit, to share in their benefits and to be liable for their proportion of the costs; and Joseph M. Young accompanied appointed by this court to sell the land in the bill and proceeding mentioned, this day made his report to the court which was received, confirmed and ordered to be made a part of the record, whereupon it is considered by the court that the said Joseph M. Young be appoitned a receiver to collect & disburse the funds arising from the sale of the said land in the manner prescribed by law; but before he proceed to execute the orderes require of him by this order he sahll enter into bond with approved security before the clerk of this court in the penalty of 636$ conditioned according to law.
James Dickey & Sons, Pltfs
against
A. J. Sexton, Deft
On a suggestion of Ephraim Gentry who was summoned to appear here on the first day of this court to answer the suggestions [illegible] James Dickey & over that there is a liabliity on him by reason of the lein of them until of fine facias against A. J. Sexton appeared this day in Court and was permitted to answer said suggestions and being sworn states that he stands indebted to A. J. Sexton [sic] some brandy but does not know what amount, whereupon the court doth consider the brandy in the hands of said Gentry for the benefit of James Dickey & sons and it is further appearing to the court that the amount due from siad Sexton to James Dickey & sons is $8.20 cents with legal interest thereon from the 25th of March 1856 & $1.58 cents costs credited with $3.00 paid 15th December 1859 & 25 cents paid 20th August 1860. It is further ordered that E. L. Vaughn constable of this county make sale of the brandy condemed in the hands of said Gentry according to law and out of the proceeds of such sale (if sufficient) pay and satisfy the amount due James Dickey & sons and the costs of this proceeding.
On motion of Ephraim Boyer who made oath as administrator and together with Isaac Busick and Stephen Boyer his securities enter into and acknowledge a bond in the penalty of $1000 conditioned as the law directs certificate is granted to the said Ephraim Boyer for obtaining letters of administration on the estate of Caroline Boyer deceased in due form.
Ordered that Charles Hale, Franklin Tomlinson & A. M. Young being first sworn for that purpose do truly and justly appraise in current money the personal estate of Caroline Boyer, deceased, and return their appraisment under their hands to the court.
Elizabeth Caroline Carico, orphan of Joseph Carico, deceased with the approbation of the Court made choise of Andrew Hampton for her guardian, and the court doth assigne said Andrew Hampton guardian to Susan Jane & Marthan Ann Carico, orphans of Joseph Carico, deceased, and thereupon the said Andrew Hampton with Samuel Cox, Jr. & Wm. Hawkins his securities entered into and acknowledge a bond in the penalty of $1800 with condition according to law.
Joseph Phipps, & al., Pltf
against
John Isom, Deft.
In Chy. This cause came on this day to be heard upon the paper heretofore filed in the suit and upon the report of commissioner J. M. Young to which there being no exception the same is hereby certified; and it appearing to the court that the judgment filed in this suit constitutes a lein upon the lands of the said real estates and that the sales of the tract of land sold by the commissioners will not pay and statisfy the same, and it appearing to the court that there are other lands remaining unsold of the said Deft. Lying and being in Grayson County; the court doth therefore order [illegible] and decree that the land of the said deft. Remaining unsold be sold by J. M. Young a Commissioner appointed for that purpose to the highest bidder in front of the Court House the said lands after first advertising the same for at least twenty days previous thereunto taking bond with approved security for the payment of the payment except so much ready money as may be required to defray expenses of sale money made payable to himself as such commissioner and made payable there and six months after the sale of the said property and that the said commissioner report his proceedings in order to a final decree.
Daniel Moxley, Appellant
against
James Morgan, Appellee
On an appeal. On motion, it is ordered that this appeal be filed
docketed and continued till the next term.
Jonas Gentry a lunatic confined to the jail of Grayson County was this day brought before the court, and it appearing to the court that he has been confined in jail since the 29th day of December last, it is ordered that James Dickey jail or in whose custody the said Jonas Gentry is, be allowed 35 cents per day for his support from the time of this committment till he be regularly discharged therefrom, to be paid in the manner now prescribed by law.
A sale an appraisment, bill No. 3. Of the Estate of William R. Dixon, deceased was this day returned to court and ordered to be recorded.
A settlement of the account of William Young, administrator of Sylvester Halsey deceased was this day returned to Court and ordered to lie over one term for exceptions.
Upon the application of Mastin Brewer for alterations in the Elk Creek road from E. Catron's to the [illegible] ford on Elk Creek, ordered that John Ring, Stephen Thomas, & S. M. Fulton be and they are hereby appointed reviewers to make said review o the alteration in the road as proposed by Mastin Brewer, and that they report to this court impartially the conveniences and inconveniences that will result as well to individuals as to the public provided said alterations in the road should be opened and established upon and especially whether any yard, orchard or garden will be taken.
Ordered that William Bourne be associationed with Hastin Fulton, General Overseer to superintend the opening of a new road from Independence down Pine Branch to David Isoms and that he have the same power to warn and call out the overseers and hands who were appointed to assist in the opening of said road as is vested in said Fulton General Overseer aforesaid.
Ordered that James Hale be associated with Hastin Fulton General Overseer to superintend the opening of a new road crossing the Pine Mountain at the Henderson Gap and that he have the same power to warn and call out the overseers and hands who were appointed to assist in the opening of said road as is vested in said Fulton Genl. Overseer aforesaid.
Ordered that Jesse Funk, overseer of the road is hereby required to attend with his company of hands when called on by Charles Hale, General Overseer, and assist in opening a road commencing near the mouth of R. Fielders lane bearing to the right of the old road and intersecting again new Jerusalem Meeting House.
Upon the application of Charles Hale for alterations in the road.
Ordered that Ephraim Boyer, Randolph Fielder, & Thomas Burris be and they are hereby appointed reviewers to view proposed alterations in the road from the sign board at Charles Hales field to Randolph Fielders meadow and that they report to this court impartially the conveniences and inconveniences that will result as well to individuals as to the public provided said alterations in the road should be opened and established upon and especially whether any yard, orchard or garden will be taken.
Ordered that Mark Sesler, Elijah Adams & Lafayette Oglesby overseers of the road be and they are hereby required to attend with their respective companies of hands when called on by Litrel Hampton, General Overseer and assist in opening alterations in the road from the Cox's Ford road to the east end of the Indian Ridge.
Ordered that Abner Jones be and he is hereby appointed overseer of the precint of road from the fork road east of Rosemond Hales to a large Chestnut on top of the hill east of Daniel Moxley's in the room of Leeson Porter removed and with the same hands under the control of said Porter, who are assigned to work under said Jones overseer aforesaid he keep the same in legal repair.
Ordered that Abner Jones Overseer of the road be and he is hereby to attend with his company of hands when called on by Martin Fulton & James Hale, General Overseer and assist in opening a road across Pine Mountain at Henderson's Gap.
James F. Vaught Plft. Against Rial Martin et. Al. Defts.
Motion
William Sayers, Pltf. Against Wm. Dalton et. Al. Defts.
Motion
David Garrison Pltf against Isaac Garrison, Deft. Appeal.
Farmers Bank of Va. Pltf. Against Dennis Fielder, et. Al. Defts.
Notice
Same Pltf. Against Dennis Fielder, et. Al. Defts. Notice
Dennis Fielder, Pltf. Against J. F. Perkins & al., No. 5
Defts., Notice
Abijah Thomas Pltf. Aginst Martin Bourn & al. Deft.
Notice
Dickenson & Dickenson pltf. Agianst Dennis Fielder & al.,
Notice
J. B. Young, Pltf, against Dennis Fielder, & al., Notice
James L. Bourn Pltf., against Lucy Austin, Deft., Appeal.
Stephen Carico, Pltf, against S. Thomas Admr of Z. Roberts, Deft.,
appeal.
Dennis Fielder, Pltf against Stephen Clark, & al. Deft,
Notice
David Isom for [illegible] Pltf., against James Dickey, & al.,
Deft. Suggestion
James A. Roberts & al., Pltf, against Daniel F. Roberts, Deft,
Road
James M. Bourn, Pltf, against Jerome Blair, Deft, appeal
Harden Cox, Plft, against L. J. Perkins, Deft. Appeal
George Bower, Pltf, against Joseph Plummer, Deft, Survey
Jackson B. Hash, Pltf, against Stephen Carico, Deft, in Chy.
Hash & Dickenson, Pltf against Isaac Plummer, Deft, in
Chy.
John K. Ballard, Pltf, against Joseph Bonham, Deft, In Chy.
Ruben Cornutt, pltf, against John Comer & al, Deft. In
Chy.
David Cornutt, pltf, against Wesley Anderson, Deft., In Chy.
Joseph Hampton, Pltf, against John Isom, Deft, In chy.
Warner Hale, Pltf, against James Hale, Deft, In Chy.
Plummer & Jones Pltf against Calvin Blevins, Deft, In
Chy.
Thomas & Dickey, Pltf., against C. Porter & S. [illegible],
Deft. In Chy.
John & Wm. B. Dickenson, Pltf, Against Martin Dickenson's
heirs, deft. In Chy.
Ordered that these several causes be continued.
It appearing to the satisfaction of the court that Elizabeth and Fielden Brewer were erroneously assessed with 168 acres of land for the year 1860 and the tax thereon amounts to $2.68 4/5 cents, it is ordered that the fact be certified to the auditor of public accounts in order that they may be repayed.
Ordered that Court be adjourned till Court in Course.
Hastin Fulton
Henry Waggoner for Alex. B. McMillan, Pltf.
against
Jonathan Gentry, committee of Jonas Gentry and Jonathan Gentry,
Deft, in Debt
This day came as well the plantiff by his attorney as the defendant Jonathan Gentry committee of Jonas Gentry & himself in person who acknowledges the plantiff's action for $376.57 cents the debt mentioned in the summons issued in this cause with legal interest thereon from the 28th day of August 1860 recover agains the said defendant Jonathan Gentry Committee as aforesaid against himself individually $376.57 with legal interest thereupon from the 28th day of August 1860 till paid and the cost.
Teste. Wm. B. Morgan, D. C.
Virginia In the Clerks Office of Grayson County 23rd day of February 1861
Andrew Hampton, pltf
against
John Isom, Sr., Deft.
In Debt. This day came the plantiff as well as the defendant in his
own proper person and acknowledged the plantiff's action for
$385.81 cents the amount of the debt mentions in the summons.
Therefore the said John Isom, Sr. acknowledges judgment for three
hundred and eighty-five dollars and eighty one cents, with legal
interest thereon from the 23rd day of February 1861 till paid &
the costs.
Test. Jas. W. Ballard, C. C.
Virginia At a quarterly Court begun and held for Grayson County at the Court House hence thereof on Monday the 25th day of February, 1861.
Present Mastin Fulton, Presiding Justice and Bryan Darnall, John Stone, John W. Parsons & Randolph Collins, other justices.
The following instruments of writing admitted to record in the clerk's office of this court since the last term was produced in court examined and ordered to be spread upon the records of this court viz:
A deed of bargain and sale from Osborn Reeves to M. N. Calloway was proved in the Clerk's office the 4th day of February 1861 by the oath of John Reeves as subscribing witnesses thereto and continued for further proof.
A deed from William Farmer & Patsey his wife to Minitree Porter was acknowledged in the Clerk's office the 4th day of February 1861 by William Farmer as his act and deed and admitted to recorded us to him, and proved by the oath of Jeremiah Poe a subscribing witness thereto as to Patsey Farmer on the 4th of February 1861 and continued for further proof and on the 23rd day of February 1861 fully proved as to Patsey Farmer by the oath of Newton Anders a susbscribing witness thereto and admitted to record as to her.
A deed of bargain & sale from Enoch Osborn to Jonathan Osborn was acknowledged in the Clerk's office the 4th day of February 1861 by Enoch Osborn as his act and deed and admitted to be recorded.
Stephen F. Anderson forman, Jones Kirk, Freeling Young, Lewis Ward, Samuel Perkins, Wm. C. Hash, Stephen Boyd, H. J. Perkins, Wade H. Weaver, John Bedwell, Robert G. Carson, Constantine W. Robbins, James M. Bourn, Granville M. Rhudy, Jacob Delp, Joseph H. Stone, Mitchell Wright, and Madison B. Dickey were sworn as a grand jury of inquest for the body of this county and having received their charge were sent out of court to consider of their presentments and after some time returned into court and not having finished there presentments were at a late hour adjourned over until nine o'clock tomorrow morning.
On the motion of Robert G. Carrington who hath been duly licensed to practice the law in the courts of this commonwealth hath leave to practice in this court and thereupon took the several oaths required by law.
Ordered that Joseph M. Young be assigned as counsel to defend Martin Adams and John Nite who stand charged with felony and that he be allowed the sum of ten dollars in each case to be levied for in the next county levy.
Stephen Perkins & John W. Ross who was by an order made at the last term of this court appointed to allot dower to Laurinda Perkins in the lands of her late husband Andrew Perkins deceased this day made their report to the court, which is ordered to lie over one term for exceptions.
An appraisment of the personal estate of Caroline Boyer deceased was this day returned to court and ordered to be recorded.
An appraisement and sale bill of the personal estate of Thomas Phipps deceased was this day returned to court and ordered to be recorded.
A deed of bargain & sale from Jacob A. Hackler to Fielden B. Parks was acknowledged in court by said Hackler as his act and deed and ordered to be recorded.
Absent Byron Darnall, Esqr. Present Andrew Hampton, Esqr.
The Court proceeded to the examination of John Night charged with the commission of a felony to wit: that he did on the 27th day of August 1860 in the County of Grayson divers to wite: About eighty bank notes for the payment of divers sums of money in the whole amounting to the sum of six hundred dollars being bank notes and the property of E. W. Law, felloneously steal, take and carry away.
The Prisoner was set to the bar in custody of the jailor of this court, and on motion of the attorney for the commonwealth and for reasons appearing to the court this cause is continued till the first day of the next term of this court and the said John Night was remanded to jail.
James Gammon and Burton Hawkins, Jr. this day appeared in court and acknowledged themselves to be severally indebted to the Commonwealth of Virginia in the sum of 100$ each of their respective lands and tenements goods and chattels to be levied, and for the use of the Commonwealth rendered; yet upon this condition that if the said James Gammon & Burton Hawkins, Jr. shall severall make their personal appearance before the justices of the County Court of Grayson on the first day of March Court next to give evidence on behalf of the Commonwealth against John Night and shall not depart thence without the leave of the said court then this recognizance is to be void.
Thomas Snodgrass who was duly summoned to appear here on this day was a witness on behalf of the Commonwealth against John Night was solemnly called but came not on the motion of the attorney for the Commonwealth it is ordered that the attachment he issued against the said Thomas Snodgrass for his contempt returnable here at the first day of the next March term of this court directs respectively to the sheriff of Smyth, Washington, and Scott Counties to execute.
Cornelius White, W. D. Northingham & J. W. Day who were duly summoned to appear here on this day as witnesses on behalf of the Commonwealth against John Night was solemnly called but came not on the motion of the attorney for the commonwealth, it is ordered that the said. C. White, W. D. Northingham & J. W. Day be summoned to appear here on the first day of the next term, should be issued against them for said contempt and sent to the sheriff of Scott County to execute.
On the petition of A. F. Gregory who produced to the court the sheriff's receipt for the tax imposed by law a license is granted him to sell by retail at his store house on Elk Creek in Grayson County wine, ardent sprits or a mixture thereof until the next April term of this court, the court being satisfied that he is a man of good charachter and not adicted to drunkeness [illegible] and see no objection to such permission being granted.
Martha Ann Phipps orphan of Alexander Phipps deceased with the approbation of the court made choice of Isom Cox for her guardian, who together with Solomon Osborn his security, entered into and acknowledged a bond in the penalty of $3000 with condition according to law.
Columbus Phipps orphan of Alexander Phipps deceased with the approbation of the court made choice of Stephen Thomas for his guardian, who together with Allen P. Wells his security, entered into and acknowledged a bond in the penalty of $3000 with condition according to law.
Absent John W. Parsons, Esqr. Present Bryon Darnall, Esqr.
A deed from Fielden Livesay & Eve his wife to Enoch M. Livesay was acknowledged in court by Fielden Livesay as his act and deed and with the certificate of acknowledgement and privy examination of Eve Livesay [illegible] ordered to be recorded.
James Dickey jailor of this County produced in court a claim against the Commonwealth amounting to eleven dollars and ten cents for committing and dieting Jonas Gentry a lunatic from the 29th December 1860 to the 30th January 1861 which being sworn to in open court was examined allowed and ordered to be certified to the auditor of public accounts for payment.
James Dickey of this County produced in court a claim against the Commonwealth amounting to $32.45 cents for committing and dieting Amy Ward a lunatic from the 20th November 1860 to the 20 February 1861 which being sworn to in open court was examined and found correct the same is ordered to be certified to the auditor of public accounts for payment.
Martin Adams charged with having on the 9th day of January 1861 in the County of Grayson in the night time of that day in said county feloniously and burglariously break and enter the store house of John C. Greer, with intent the goods and chattels of the said John C. Greer then and there feloniously and [illegible] to steal take and carry away, one pocket book of the value of two dollars fo the goods and chattels of the said John C. Greer, and fifty pounds of coffee of the value of ten dollars of the goods and chattels of John C. Greer and eight promisory notes for the payment of one hundred dollars and of the value of $100 dollars of the goods and chattels of the said John C. Greer and judgments obtained before an acting justice of the county aforesaid upon notes due for the payment of $25.00 dollars of the goods and chattels of the said John C. Greer in the store house then being in the county aforesaid feloneously and burglouriously did steal, take and carry away.
The Prisoner was set to the bar in custody of the sheriff of this county whereupon the court proceeded to examine said Martin Adams for the offense aforesaid and not having heard all the evidence the further examination of the said Martin Adams for said offense was adjourned till tomorrow morning nine o'clock and the said Martin Adams was remanded to jail.
Martel Lasure having obtained an attachment against the estate of Henry C. Austin who had previously removed out of this county or absconds or conceal himself so that this the ordinary process of law cannot be served upon him for $36.11 cents due by account, and E. L. Vaughan a constable of Grayson County having made return that he had executed the said attachment by Summoning Daniel Moxley & Lewis F. Austin as garnishees this day came as well the plantiff by his attorney as the said garnishee Lewis F. Austin in his proper person, who being sworn declared that he had in his possession a note executed to the defendant Henry C. Austin by G. H. Moxley for $16.00 due the 24th July 1860 also a note executed to same by Mark Jones for $7.00 due 25 December 1858 credited with $3.50 cents with al date also an account against Kesiah Allen deceased for $1.30 cents which notes and account belonging to the said Deft. And the Deft. Henry C. Austin not appearing though solemnly called, and it appearing to the plantiff the sum of $35.57 cents it is considered by the court that the plantiff recover against the said defendant the sum of $35.57 cents with legal interest thereupon from the 28th day of January 1861 till paid and his costs by him expended in this behalf expended; and it is consdiered that the said Granville H. Moxley pay to the plantiff the aforesaid sum of $16.00 with legal interest, also the said Mark Jones pay the pltf. The aforesaid sum of $7.04 cents with legal interest [illegible] to account of $3.50 cents and also Kesiah Allen pay to the plantiff the aforesaid sum of $1.0 cents towards satisfying this judgment.
Ira Isom for Elliott & Drewry, Pltf
against
Ezra Collins & John Collins, Defts
In debt. This day came the parties by their attorneis and the
defendants field their plea of payment in writing sworn to in open
court and the plantiff his application thereto, whereupon the
judgment obtained in this office against the defendants is set
aside and the trial of the said issues is defered until the next
quarterly term of this court.
John R. Isom, for Wm. O. Hampton, Pltf
against
H. H. Todd & A. J. Todd, Defts
This day came the parties by their attorneys and the defendants
pleaded payment to which the plantiff by his attorney replied
generally and issue thereon and the defendants filed at the same
time an account stating the nature of the payment are set aside of
which he desires to prove, whereupon the judgment obtained in the
office against the defendants is set aside and the trial of the
said issues is defered until the next quarterly term of this
court.
Armsted Todd for Wm. O. Hampton, Pltf
against
Aaron G. Davis, Deft.
In Debt. This day came the parties by their attornies and the
defendants pleaded payment to which the plantiff by his atto.
Replied generally and issue thereon, and the defendant filed at the
same time an account stating the nature of the payments and set
aside which he desires to prove and leave [illegible] the
defendants to file a special plea in writing whereupon the judgment
obtained in the office against the defendant is set aside and that
trail of the said issues is defered until the next quarterly term
of this court.
Ordered that court be adjourned till nine o'clock tomorrow morning.
Hastin Fulton
Virginia at a Quarterly Court continued and held for Grayson County at the Court House thereof on Thursday the 26th day of February 1861.
Present: Hastin Fulton, Presiding Justice and Bryon Darnall, John Stone, Randolph Collins and Andrew Hampton, other Justices.
A Settlement and report of the administration account of Samuel Plummer, Administrator of Joseph Plummer dec'd was this day returned to Court and ordered to lie over one term for exceptions.
George Bower & als.Pltfs
against
Allen P. Wells, Defts
Upon a garnishee. On motion of Samuel Cox & Jesse Plummer they
are made parties to the above cause, and on further motion and by
consent of parties the matter in controversey are refered and
submitted to [illegible] and final award of Wm. Terry whose
decision shall be final between the parties and entered as the
judgment of the court & cause continued till tomorrow.
Ordered that John C. Harrington be and he is hereby appointed a Special Commissioner to rent out to the best advantage the lands belonging to the estate of Ambrose Perkins, deceased, until the 15th day of November next, and that he take bond, with good security payable to himself as such commissioner for the same and report his proceedings to the Court.
Dennis wright & Co. For James Nelson, Jr., Pltf.
against
Henry A. Talman, Deft.
Upon a suggestion. Stephen Thomas & Wm. Pugh who were summoned to appear here on this day to answer the suggestions of the plantiff in this cause and to day what liability they are [illegible] or what effects if any they have in their hands belonging to the defendant Henry F. Talman, appeared in Court and being sworn states that they have nothing in their hands belonging or coming to the defendant Henry F. Talman, therefore it is considered by the court that this cause be dismissed at the costs of the plantiff.
John K. Ballard, for William Perkins, pltf
against
John C. Harrington & Laurinda Perkins widow of A. Perkins
dec'd, Deft.
Martin Perkins, pltf.
against
John C. Harrington & Laurinda Perkins widow of A. Perkins
dec'd, Deft.
This day came the parties by their attorneis and the defendants
filed their pleas of payment and set offs sworn to in open court
and the plantiff by their attorney replied generally and issue
being joined whereupon the judgment obtained in the office against
the defendants is set aside, and the trial of the said issues is
defered until the next quarterly term of this court.
Martin Adams charged with having on the 9th day of January 1861 in the night time of that day in said county feloniously and burglariously break and enter the store house of John C. Greer, with intent the goods and chattels of the said John C. Greer then and there feloniously and [illegible] to steal take and carry away, one pocket book of the value of two dollars fo the goods and chattels of the said John C. Greer, and fifty pounds of coffee of the value of ten dollars of the goods and chattels of John C. Greer and eight promisory notes for the payment of one hundred dollars and of the value of $100 dollars of the goods and chattels of the said John C. Greer and judgments obtained before an acting justice of the county aforesaid upon notes due for the payment of $25.00 dollars of the goods and chattels of the said John C. Greer in the store house then being in the county aforesaid feloneously and burglouriously did steal, take and carry away was this day again set to the bar in custody of the jailor, of this county, and the court having fully heard the evidence are of opinion that the said Martin Adams ought to be tried for the said offense by the Circuit Court of this county, but admit him to bail in the sum of $50.00 with security in the like sum of $50.00 whereupon the said Martin Adams together with William Halsey and Riley Adams his securities acknowledged themselves to be indebted to the Commonwealth of Virginia in the sum of $100.00 one half of which to be paid by the said Martin Adams and the residue by said securities, yet upon this condition that if the said Martin Adams shall appear before the judge of Grayson Circuit Court on the first day of the next term of this court then the recognizance is to be void otherwise to remain in full force and virtue.
John Weiss, Senr., Allen A. Adams, John C. Greer, Eli Comer, Morgan Boyer & Sanders Carter, came into court and acknowledged themselves to be severally indebted to the Commonwealth of Virginia in the sum of one hundred dollars each of their respective lands and tenaments goods and chattels to be levied for the use of the Commonwealth rendered, yet upon the condition that if the said John Weiss, Sent., Allen A. Andrews, John C. Greer, Eli Comer, Morgan Boyer & Sanders Carter shall severally make their appearance before the Judge of Grayson Circuit Court on the first day of the next term as witnesses for the Commonwealth against Martin Adams charged with felony and shall not depart thence without the leave of said court then this recognizance to be void.
The Grand Jury appeared in court according to their adjournment and were again sent out of court to consider their presentments and after some time returned into court and presented:
An indictment against Mc. Wardon for assault, endorsed "a true
bill."
An indictment against Mc. Wardon for assault, endorsed "a true
bill."
An indictment against Mc. Wardon for carrying concealed weapons,
endorsed "a true bill."
An indictment against Mc. Wardon for carrying concealed weapons,
endorsed "a true bill."
An indictment against Matthew Perry for failing to keep precinct
road in repair endorsed "a true bill."
An indictment against Creed Adams & Jerome Hash for a breech of
the peace endorsed "A true bill."
An indictment against John Pinion & George Owens for a breach
of the peace endorsed "a true bill."
An indictment against Cecil Halsey & Andrew Senter for a
trespass endorsed "a true bill."
An indictment against John Pinion & George Owens for a breach
of the peace endorsed "a true bill."
An indictment against Eli Pugh & John Adams for a breach of the
peace endorsed "a true bill."
An indictment against John C. Baker & John Treadway for a
breach of the peace endorsed "a true bill."
An indictment against Martin Adams for a breach of the peace
endorsed "a true bill."
An indictment against Martin Adams for a breach of the peace
endorsed "a true bill."
An indictment against Jackson Hash for an assault endorsed "a true
bill."
An indictment against Minitree Hale for an assault endorsed "a true
bill."
An indictment against Mc. Meador & Robert Porter for
voluntarily fighting endorsed "a true bill." An indictment against
Nathan Shelton for retailing ardent spirits endorsed "a true
bill."
An indictment against Byron Hash for a breach of the peace endorsed
"a true bill."
An indictment against Joshua Moss for an assault endorsed "a true
bill."
And the said Grand Jury having nothing further to present were discharged.
Ordered that due process of law issue upon the foregoing indictments returnable to the first day of the next quarterly term of this court.
Commonwealth
against
John Treadway, Deft,
Upon an indictment for a breach of the peace. This day came the
defendant in his own proper person with the assent of the court and
the attorney for the commonwealth confessed judgment for fifty
cents fine and the costs therefore it is considered by the court
that the commonwealth recover against the said defendant the fifty
cents fine aforesaid and her costs by her about her suit in this
behalf expended.
Commonwealth
against
Jacob C. Baker, Deft.
Upon an indictment for a breach of the peace. This day came the
defendant in his own proper person and with the assent of the Court
and the attorney for the Commonwealth confessed judgment for fifty
cents fine and the costs therefore it is considered by the court
that the commonwealth recover against the said defendant the fifty
cents fine aforesaid and her costs by her about her suit in this
behalf expended.
Commonwealth
against
George W. Delp, Deft.
Upon an indictment for a trespass. This day came as well the
attorney for the commonwealth as the defendant by his attorney who
moved the court for leave to withdraw his plea heretofore filed in
this cause which motion being argued was overruled, and the
defendant for [illegible] that he is not guilty in manner and form
as in the indictment against him is alledged and of this he puts
himself upon the country and the attorney for the commonwealth doth
the like and thereupon came jury No. 1 except George W. Delp and S.
M. Cornutt in his stead to wit: S. M. Sutherland, Martin Hale,
Harden Cox, Esqr., Jackson Phipps, Lacy Austin, Alexander Cornutt,
S. M. Cornett, Andrew Farmer, Jesse Funk, Marion Anderson,
Zachariah Osborn, & Wm. Halsey, who being elected tried and
sworn the truth to speak upon the issue joined and having heard the
evidence and arguments of counsel were sent out of court to
consider their verdict and not being able to agree upon a verdict
was at a late hour adjourned over till tomorrow morning nine
o'clock.
James M. Bourn, Pltf
against
Jerome Blair, deft.
On an appeal. The parties by their attornies mutually agree to
submit all matters in difference between them in this suit to the
final determination of Robert G. Carrington and John H. Melton and
there verdict or the award of such person as they shall choose for
an umpire thereupon is to be made the judgment of the court and the
same is ordered accordingly & cause continued till
tomorrow.
Eli Comer presented in court a claim against the commonwealth amounting to $5.50 cents for arresting Martin Adams under a warrant from a justice of Grayson Court & traveling 18 miles in going and the same in returning in conveying said Adams to the jail in Grayson County & summoning seven witnesses for the Commonwealth which was examined by the Court found correct and ordered to be certified to the auditor of public accounts for payment.
Sanders Carter presented in court a claim against the commonwealth amounting to $4.35 cents for Guarding Martin Adams charged with felony 1 day & traveling 18 miles in going and the same in returning in conveying said Adams to the jail of Grayson County being sworn to in court which was examined by the court found correct and ordered to be certified to the auditor of public accounts for payment.
Morgan Boyer presented in court a claim against the commonwealth amounting to $4.35 cents for Guarding Martin Adams charged with felony 1 day & traveling 18 miles in going and the same in returning in conveying said Adams to the jail of Grayson County being sworn to in court which was examined by the court found correct and ordered to be certified to the auditor of public accounts for payment.
Mauzy & Cooper & al. Pltf, against Richard Billings
& als., Defts In Chancery.
On the petition of Isaac Barton who filed his petition asking to be
made party defendant to this suit be [illegible] and to be liable
for his proportion of the costs. Thereupon it is ordered that said
petitioner be made party defendant said allowed the benefits and
legal remedies which the law gives him as such and it is further
ordered that Wm. B. Morgan be appointed special comissioner to take
an account between the parties to this suit in order to ascertain
the priority of the claims against estate of Alfred Billings,
deceased, and Richard Billings heir of said A. Billings dec'd, and
report his proceedings to their court.
Thomas & Dickey, Pltf.
Against
Clark Porter & Zacha. Roberts Administrator, Defts.
In Chancery. A. M. Davis a commissioner appointed by this court to sell the town lots in the bill & proceedings mentioned this day made his report to the court which was ordered confirmed, ordered to be made a part of the record.
Ordered that court be adjourned till nine o'clock tomorrow morning.
Hastin Fulton
Virginia At a quarterly court continued and held for Grayson County at the court house thereof on Wednesday the 27th day of February, 1861.
Present: Hastin Fulton, Presiding Justice and Bryon Darnall, John Stone, Randolph Collins and Andrew Hampton, other Justices.
Joseph Phipps & als., pltf
against
John Isom, Deft
In Chancery, ordered that Joseph M. Young be appointed a receiver
to collect and disburse the funds arising from the sale of the land
mentioned in the report filed in this cause in the manner
prescribed by law, but before he proceed to execute the duties
required of him by this order he shall enter into bond with
approved security before the clerk of this court in the penalty of
$960.oo conditioned according to law.
Commonwealth
against
James Halsey, Deft
Upon an indictment for an assault. This day came the defendant in
his own proper person and with the assent of the court and the
attorney for the Commonwealth confessed judgment for fifty cents
fine & the costs therefore it is ordered by the court that the
Commonwealth [illegible] the said defendant the fifty cents
aforesaid and her costs about her suit in this behalf expended.
Commonwealth against Cecil Halsey Deft. Upon an indt. For a
trespass.
same against Andw. Senter Deft. Upon an indt. For a trespass.
This day came the defendants in their own proper person and with
the assent of the court and the attorney for the Commonwealth
confessed judgment for the costs therefore it is ordered by the
court that the Commonwealth [illegible] the said defendant the
fifty cents aforesaid and her costs about her suit in this behalf
expended.
Commonwealth against Ro. Porter, Deft. Indt. For voluntarily
fighting.
This day came the defendant by his atto. And sayeth that he is not
guilty as in manner and form as in the indictment against him is
alleged and of this he puts himself upon the Country and the
commonwealth doth likewise and the trail of the issue is defered
till the next quarterly term of this court.
George Bower, & al., Pltf.
against
Allen P. Wells, Deft.
Upon a garnishee. This day came the parties by their attorneys
& Wm. Terry to when the determination of the matters in
difference between the parties was submitted by an order of this
court made on yesterday this day returned his award in these
figures and words to wit:
"The undersigned whom has been refered the matters in controversey in the above cause, after having heard the testimony & explanation of the parties returned the following award-- The decree in the case of Joseph Plummer against Allen P. Wells, principal interest & costs to 24th July 1860 after deducting seventy dollars paid by said Wells to Wm. H. Cook, amount to $184.90 & the undersigned further allows to Wells the [illegible] of Gordon Perkins $1.25 and two tickets for the year 1859 $3.99 leaving due from said wells the sum of $179.66 and the undersigned direct that after the payment of costs of garishee & fee of arbitration the following debts shall be paid in the following order of their priority upon the fund to wit: To Samuel Cox $32.80, interest from the 15 March 1853 & 30 cts. Subject to the following credit $.200 paid 14 Sept. 1853 & $6.00 Sept. 27, 1853 & 72/100 dollars paid March 25, 1859. To F. Greer for the benefit of Jesse Plummer $21.00 with interest from 20 Nov. 1858 & 30 cts costs to George Bower the sum of $148.77 with interest from 11 Sept. 1851 and $6.71 cents costs subject to credit of $50. Paid Sept. 25, 1853 or so much thereof as may remain of the said sum of $179.66 with interest from the 24 July 1860 to this day after paying the above mentioned.
All of which is respectfully reported.
Arbitration fee $5.00
Wm. Terry Arbitrator
Recd. Payment Wm. Terry.
Thomas & Dickey, pltf.
against
Roberts & Porter, Defts
In Chy. This cause came on again to be heard on the parties
heretofore read & the report of commissioner A. M. Davis to
which there being no exceptions the same is hereby affirmed, And it
appearing to the court from the report of the com'r. That he dols
the town lots in the bill mentioned on the 1st of Jany. 1861 before
the front door of the court house after advertising the same
according to the terms of the deceased on a credit of six months
except the costs &c. That Ste. M. Dickey became the payment of
costs of suit & expenses of sale & executed his note with
Jacob Hackler as surity for $38.00 due July 1st 1861 leaving a bal.
Of $2.00 yet due for costs, and it further appearing to the court
from the report of the Cmr. that the pltf are willing to accept the
note of Dickey & Hackler as its present value to wit: $37.23
cts. In part payment of their claim against Defts. In consideration
whereof it is therefore adjudged ordered & decreed that the
said Comr. do deliver to the Pltfs the said note to be received by
them as payment of $37.23 on their debt: and it is further adjuged
ordered & decreed that the said Comr. upon the payment of the
$2.00 yet due do make the said Dickey a deed of conveyance for said
land with special warranty & the said Comr. is hereby allowed
the sum of $3.00 for making said deed, which is ordered to be
[illegible] in the costs of this suit, and that he report his
proceedings to this court.
Jacob Hackler, Pltf
against
Celia Roberts & al., Defts
In Chancery. This cause came on this day to be heard upon the bill
the answer of A. M. Davis guardian ad litem for the infant
defendant, the paper filed and was argued by counsel and it
appearing to the court that the defendant Celia Roberts has been
duly [illegible] 2 months and she having failed to appear &
answer the bill as taken for conferred and it appearing to the
court from this the [illegible] marked (A) filed in the bill that
Jacob Hackler had paid to Zachariah Roberts in his life time of our
hundred & forty dollars for a tract of land containing 30 acres
more or less lying in Grayson County on the waters of Fox Creek,
and that said Hackler do now indebted toa deed of conveyance,
conveying the land in the bill and exhibit marked (A) mentioned it
is therefore ordered and decreed by the court that G. W. Cornett by
appointed a commissioner to make a deed to said Hackler conveying
to him with special warranty the tract of land in the bill
mentioned containing 30 acres more or less, and it is ordered that
said Hackler pay the costs of this suit and if he refuses the
defendant may have execution issue against him for the same and the
ends for which this suit was initiated having been obtained it is
ordered that this cause be stricken from the docket.
Lewis Dixon, Pltf
against
Hezekiah Dixon, & al., Defts
In Chancery. This cause came on this day to be heard before upon
the bills the answer of A. M. Davis, guardian ad litem for the
infant defendants the papers filed, and were argued by counsel, and
it appearing to the court that the bill has been filed in this
cause for three months, and that the defendants are now residents
of Virginia, and that an order of publication has been published 4
weeks in the "Mountain News" and notice posted on the Court House
door according to law and that the defendants having failed to
appear and answer the bill is taken for confessed, and it appearing
to the court that the tract of land belonging to the estate of Wm.
R. Dixon, deceased is not susceptable of partition in kind among
the parties interested therein but is liable to be sold, and
proceeds divided among the parties, it is adjuged ordered and
decreed by the court that the land belonging to the estate of Wm.
Dixon deceased be [illegible} to sale and that G. W. Cornett be
appointed a commissioner to sell all the land in the bill mentioned
after notice for 30 days posted on the door of the court house, and
at Bridle Creek and that he sell on a credit of 6 months taking
notes with security payable to himself and report to court.
Weldon Edwards for Creed & Clark Nuckolls, Pltfs
against
Elizabeth Craig, deft.
In Chancery. This day came [illegible] on this day to be heard upon
the bill the papers filed and was argued by counsel and it
appearing to the Court that the process awarded in this cause has
been executed upon the defendant for more than 2 months and she
having failed to appear and [illegible], the bill is taken for
confessed, and it appearing to the court that the law in the bill
mentioned is liable to be sold for the purchase money thereof and
that the rents and profits would not pay the debt in five years; it
is ordered adjudged and decreed by the court that the trial of law
mentioned in the bill be expresed to sale and that Geo. W. Cornett
who is appointed a commissioner for that purpose do ex... to sale
the said lands in front of the courthouse & 2 other places in
Grayson County and sell the said land on credit of 6 months except
costs of suit and expense of sale which he is to collect on day of
sale, and take notes payable to himself commissioner and report to
court.
J. P. Byrd, pltf
against
Montgomery Bourn, & others, defts
In Chancery. This cause ame on this 27th day of February 1861 upon
the bill the papers filed and was argued by counsel and it
appearing to the court that the process awarded in this cause has
been [illegible] executed in all the defendants according to law
except Johnson Bourn & wife who were non residents of Virginia
and that the defendants having failed to appear and answer the Bill
is taken as confessed, and it appearing to the Court that the land
in the bill mentioned is susceptable of partition amond the heirs
interested therein, it is therefore adjudged orderd and decreed by
the court that the land belonging to the estate of Martin Bourn
deceased be allotted in equal shares among all the heirs of Martin
Bourn, deceased and that Robert Vaughn, Charles Hale & A. M.
Young be appointed commissioners for that purpose and that they
proceed to make equal partition in kind and value of the land of
Martin Bourn deceased among the heirs having to guard to the
widow's dower, and, that they amke suitable meets and bounds of
each ones lot, or parcel of land and return a plot of the same to
this court, and report their proceedings to the next term of this
court.
J. W. Vaughn for &c., Pltf
against
Wm. Pugh & Jacob Hackler, Defts
In Chancery. This cause came on this 27th day of February 1861 upon
the Bill the papers filed and was argued by counsel and it
appearing to the court that the process awarded in this cause had
been executed upon the defendants were then 2 months and they
having failed to appear and answer the bill is taken for confessed,
and it appearing to the court that the debt in the bill mentioned
has not been paid and that the note mentioned in the bill for $300
was executed for a tract of land in Grayson County whcih was bound
for its purchase money and is liable to be exposed to sale for the
payment of the debt in the bill mentioned it is therefore adjudged,
ordered and decreed by the court that the tract of land in the bill
mentioned containing 70 acres be exposed to sale and the proceeds
thereof applied to the payment of the debt in the bill mentioned
and that G. M. Cornett be appointed a commissioner to sell the said
[illegible] of land after [illegible] on the court house door and
other public places for 30 days and that he sell the same in front
of the court house door on a credit of 6 months except costs and
expenses of sale which said Cornett is to collect on day of sale
and pay over to the parties entitled and take bond with security
payable to himself will report to court.
James M. Bourn, appellant
against
Jerome Blair, Appellee
On an appeal from a judgment of a Justice of the Peace. This day
came the parties by their attorneys, and the arbitrators to whom
the determination of the matter in difference between the parties
was submitted by an order of the court made on yesterday this day
returned their award in these words to wit:
We the undersigned arbitrators by an order of the county court of Grayson County at the February term thereof, do render the following award, that the appellee Jereome Blair recover from the appellant James M. Bourn the sum of twenty-five dollars with legal interest from the 28th day of April 1858 & his costs given under our hand this the 26th day of February 1861.
J. H. Fulton
R. G. Carrington
In confirmation whereof it is considered by the court that the appellee recover against the appellant $25.00 with legal interest thereon from the 28th day of April 1858 till paid and his costs by him in this behalf expended.
James N. Green a constable of Scott County presented in Court a claim against the commonwealth amounting to $115.60 cents for services rendered by himself and two guards in affecting the arrest of John Nite charged with felony & conveying him from the jail of Scott County to the jail of Grayson County which claim being examined by the court and found correct is ordered to be certified to the auditor of Public accounts for payment.
Commonwealth
against
George W. Delp, Deft
Upon an indictment for a trespass. This day came the parties by
their attornies and the jury sworn to [illegible] to try the issue
in this cause appeared in court according to their adjournment and
were sent out of court to consult of the verdict and after some
time returned into court and declared that they could not agree in
a verdict, whereupon by consent of the parties and with the assent
of the court, Harden Cox, Esqr one of the jurors was withdrawn and
the rest of the jury rendered a verdict discharged and the cause in
continued till the next term for a new trail to be had therein.
Commonwealth
against
Edmund M. Allen, Deft
Upon an indictment for [illegible]. This day as well as the
attorney for the Commonwealth as the defendant by his attorney and
the defendant for plea sayeith that he is not guilty in manner and
form as against him in the indictment is alleged and of this he
puts himself upon the country and attorney for the Commonwealth
doth the like and thereupon the cause jury No. 2 except Nathan Ward
& Jackson Ross. E. L. Vaughn & F. S. Thomas in their stead
to wit: Wm. E. Stone, Samuel M. Cornett, David Sheets, E. L.
Vaughn, F. S. Thomas, E. S. Cox, Levi Delp, Emory Perkins, E. W.
Greer, John Davis, Landers Ward & John R. Pool, who being
elected tried and swear on their oath to speak upon the issue
joined having heard the evidence and arguments of counsel returned
the following verdict, "We the jury find the defendant not guilty."
Therefore it is considered by the court that the defendant be
discharged from all further prosecution upon the indictment
aforesaid.
Commonwealth against Andrew Hash, Deft. Indictment for an assault
Commonwealth against Charlotte Dooley (Alias) Phelps,
Deft.
Upon an indictment for fornication. The attorney for the
Commonwealth with the assent of the Court saith that he will not
prosecute any further upon the indictment aforesaid, Therefore it
is considered by the court that the defendant be discharged from
all further prosecution upon the indictment aforesaid.
Commonwealth against Wm. Hale, Deft. Upon an indt. For "an assault."
Same against Gideon Shepherd, Deft., upon an indt. For "an
assault."
The capias awarded against the defendants at the last quarterly
term being returned not executed on motion of the Attorney for the
Commonwealth a new capias is awarded against each of the defendants
returnable here on the first day of the next quarterly term.
Commonwealth
against
Edmund McCormick, Deft.
Upon an indictment for larceny. The capias awarded against the
defendant at the last quarterly term being returned not executed on
motion of the Attorney for the Commonwealth a new capias is awarded
against each of the defendants returnable here on the first day of
the next quarterly term.
David Garrison, appellant
against
Isaac Garrison, Appellee
On an appeal from judgment of a justice of the peace awarded by the
appellee against the appellant the 30 day of June 1855 for $13.55
cents.
This day came the parties by their attornies who being fully heard
and the issues alluded maturely considered it seems to the court
that there is error in the judgment aforesaid and the court
proceeded to give judgment as the justice should have given,
therefore it is considered by the court that the judgment aforesaid
be reversed and that the appellant recover against the appellee hs
costs by him about his appeal on this behalf expended.
Lafayette Oglesby, Pltf
against
Thomas M. Oglesby, Deft.
In debt. This day came the parties by their attornies and the
defendant filed a plea of payment and set offs but the defendant
only claiming payment and set offs to the amount of $269.00 it is
ordered that the plantiff may have judgment for the residue of his
demand, therefore it is considered by the court that the plantiff
recover against the defendant $131.00 with legal interest thereon
from the 12th day of October 1854 till paid and the costs and the
cause is continued as to the residue of the demand.
Stephen M. Dickey, Pltf, against Lewis F. Austin, Deft.
Case
Stepehn Pugh for E. T. Perkins, Pltf, against John F. Greer, Deft.,
Case
This day came the parties by their attornies and the defendants
saith that they are not guilty in manner and form as in the
plantiff's declaration against them is alleged, and of this they
put themselves upon the country and the plantiffs likewise and the
trial of the issues is differed till the next quarterly term of
this court.
Milton Perkins, Pltf
against
John C. Harrington, Admr & L. Perkins Admix of A. Perkins,
dec'd, Defts,
Case. This day came the parties by their attorneys and the
defendants saith that they did not assume upon themselves in manner
and form as the plantiff against them hath complained and of they
they put themselves upon the country and the plantiff likewise and
the defendants also pleaded payment to which the plantiff by his
attorney replied generally, and the said defendants filed at the
same time an account stating the nature of the payments and set
offs which they desire to prove, and the defendants at the time
time filed a special plea in writing to which the pltf replied
generally whereupon the judgment of [illegible] in the office
against the defendants is set aside, and the trail of said issues
is deffered until the next quarterly term of this court.
S. J. Boyer, Pltf, against Peyton G. Hale, Deft., Case
This day came the parties by their attorneys and the defendant
pleaded payment and set offs to which the plantiff by his attorney
replied generally and lien given the plantiff to file. Special plea
in writing and issue being joined judgment obtained in the office
against the defendant is set aside and that trail of the said
difference until the next quarterly term of this court.
C. H. Hoffman, Pltf
against
Jacob A. Hackler, [illegible}, Defts.
In debt. This day came the parties by their attorneys and the
defendant saith that he hath well and truly paid the debt in the
declaration mentioned and of this he puts himself upon the country
and plantiff doth the like and the trial of the issues is differed
until the next quarterly term of this court.
Wm. Pugh & A. B. Elliott, Admirs of Wm. C. Spurlin, Dec'd,
Pltf
against
Ira Isom & Thomas J. Robinson, Deft
In Debt. This day came the parties by their attorneys and the
defendants pleaded payment to which the plantiffs by their attorney
replied generally and issue therein; and the defendants filed at
the same time an account stating the nature of the payment and set
offs which they desire to prove, whereupon the judgment obtained in
the office against the defendants is set aside and the trial of the
said issues is differed until the next quarterly term of this
court.
John Dickenson, Pltf.
against
F. M. Nelson, Wm. R. Dickey, & Granville H. Matthews,
Defts
In Debt. This day came the parties by their attorneys and the
defendants Wm. R. Dickey & Granville H. Matthews filed their
plea and writing to which the plantiff by his attorney replied and
issue thereon whereupon the judgment obtained in the office against
the defendants Dickey & Matthews is set aside and the trial of
the issues is differed until the next quarterly term of the
court.
W. H. A. Spear for Jno. Roberts, Pltf, against John South,
Deft., in debt
Ira Isom for Elliott & Drewry, Pltf, against Joshua Moore,
Deft, in Debt
On motion of the plantiffs by their attorneys, it is ordered that
there causes be dismissed.
Ordered that the following [illegible] hands be assigned to work under Wm. C. Austin overseer of the road to wit: Joseph M. Young, Robert P. Baker, Milton J. Jones & Bay Ben, Charlie Burks, John Brown, Wm. Waugh, George W. Cornett, Joseph Moore, C. R. Jones, Gentry & Thomas Herbert and the clerk ordered to certify the same to said Wm. C. Austin overseer as aforesaid.
Ordered that Enoch Osburn, Nathan Perry & John Taylor, Jr. be are they are hereby assigned to work under Matthew Perry overseer of the road and the clerk of the court is ordered to certify the same to said Perry Overseer as aforesaid.
Ordered that the following additional hands be assigned to work under F. S. Thomas overseer of the road to wit: Alfred Bedwell, E. L. Vaughn, Wilburn Barton, H. B. Bagwell, Harvey Porter, A. J. Porter, Osker Hale, John Robinson, J. A. Bartley, Wm. Porter, Jr., Felix Bedwell it is ordered that the clerk of thsi court certify a list of said hands to said Thomas overseer as aforesaid.
Ordered that Mc. Wardon, Marvil Thomas, & Eli Spurlin be and they are hereby assigned to work under A. J. Spurlin overseer of the road, And the Clerk of this Court is ordered to certify a list of the said hands to said Spurlin Overseer as aforesaid.
Ordered that Thomas Finley be and he is hereby appointed overseers of the precinct of road from the State line to Weaver's Mill in the room of Isaac Francis resigned with the list of hands to be certified to him he keep the same in legal repair.
Upon the application of Mastin Brewer for alterations in the Elk Creek road from E. Catron's to the Pine Ford.
S. M. Fulton, Stephen Thomas, & John Ring who were at the last term of this court appointed to make said review, this day made their report, which said report in the following words to wit: "In obedience to an order &c. Which is received by the court and ordered to be filed, and it appearing therefrom that the alterations in said road if opened and established as marked and laid out by the reviewers will be of public convenience and upon a more durable location than the old road, and that the damages allowed the proprietors of land through which the same passes are reasonable, and they are willing to accept the same, it is therefore ordered by the court that the same be opened upon the northern location, and that Alexander Cornett be and he is hereby appointed General Overseer for that purpose, proceed with F. D. Cornett, Andrew Funk, Rufus Perkins, S. M. Hale, Jefferson Ring, Mastin Brewer, Talbert Wright, George Warrick, & John Ring overseers of the road and their companies of hands proceed and open the same, and the several overseers aforesaid are hereby required to attend with their respective companies of hands when called on by Alexander Cornett General Overseer as aforesaid and work under his direction in the opening of the alterations in said road.
Upon the application of Elijah Callison for new road [illegible] at the cross road meeting house near Andrew Robinson and intersection a road near David Isoms.
S. M. Dickey & John Boyer who were appointed by and order of this court to make said review, this day made their report which said report is in these words: "In obedience to an order of the county court of Grayson County pronounced at the August term 1860 to us directs to view a new road leading from the Cross Roads meeting house near Andrew Robinsons to intersect a road at David Isoms, your commissioners commenced at said Meeting house and wil the old road near Andrew Robinsons shop then turning to the left down the branch running with the grade to New River and down the River to some large apple trees to a New ford on New River then near the house of Elijah Collins and by the house of Meredith Vaughan thence up the branch on the brink of the hill to David Isoms said road runs through no orchard nor garden and the land holders along said road makes no objection to said road running through their land, your commissioners graded said road at 3 degrees and at no point the road will exceed 3 degrees your commissioners would recommend the opening of said road and believe it will injur no person and be a great convenience to the public provided said road was made said location, and completely staked and blazed all which is very respect. Submitted this February 20th, 1861.
S. M. Dickey
John Boyer
Which said report is received by the court and ordered to be filed.
Upon the application of Thomas B. Hampton for alterations in the road from Cox's Ford road to the Lime Kiln Hill, A. J. Todd & Wm. O. Hampton who were appointed to make said review this day made their report in these words. In obedience to an order of the County court made at the Jan. Term 1861 to us directed have reviewed an alteration in the road leading from Coxes Fork Road to the Lime Kiln Hill as reviewers report as follows that said road or alteration does not interfer with the yard, orchard, or garden of any person, and all the persons through whose land said alterations pass agree that the road may pass and we think said alteration will be a benefit to individuals and not a disadvantage to the public at large and can be made without any cost to the public.
A. J. Todd
William O. Hampton
Which report is received and ordered to be filed.
Settlement & report with Wm. Young administrator of Sylvester Halsey, dec'd was returned at the last term of this court and ordered to lie over for exceptions read again provided in Court and no exceptions being taken thereto the same is ordered to be recorded.
An Inventory appraisement and sale [illegible] of the personal estate of Alexander Phipps, deceased, was this day returned to court and ordered to be recorded.
A deed from J. B. Parks & Sarah his wife to Sarah Durham was proved in the office the 24th December 1860 as to J. B. Parks by the oath of B. H. Phipps as subscribing witnesses thereto and continued for further and on the 25th day of Feburary 1861 was fully proved in office as to J. B. Parks by F. Levisay a subscribing witness thereto and admitted to be recorded as to him.
John Hash, pltf against John Wright, Deft., tresspass
Samuel M. Hale, Pltf, against Lewis Hale, Deft., debt
Commonwealth, Pltf against Geo. Bobbett, Deft [illegible]
J enkins Roberts & Co., Pltfs against Peyton G. Hale, Deft,
case
Kent, Paine & Kent, Pltf, against Edward Neikirk & Co,
Deft., case
David Jayne & son, Pltf, against Edward Neikirk & Co.,
Deft., case
David Jayne & son, Pltf against Fulton Darnall & Co., Deft,
Case
Jesse Reaves, Admir, Pltf., against M. N. Calloway, Deft.,
Debt
Jesse Reaves, Admir, Pltf, against J. M. & M. N. Calloway,
Defts, Debt
Kincannon & Sanders, Pltf, against Wm. Rhudy, Defts, case
Josiah Halsey, Pltf, against Daniel Moxley, Deft, Debt
Dennis Wright, & Co., Pltf against Charles Sexton, Deft,
Debt
Ordered that these several causes be continued until the next quarterly term.
James A. Schoolfield & Co., Pltf against Amos Pickle Deft,
Debt.
This day came the parties by their attorneys and by mutal consent
it is ordered that this cause be continued till the next quarterly
term.
James F. Vaught, pltf, against Rial Martin & als. Defts,
Motion
William Sayers, pltf against Wm. Dollin & als. Deft,
motion
Farmers Bank Va. Pltf against Dennis Fielder & als., Defts,
notice
same Pltf against same defts., notice
Dennis Fielder Pltf against T. F. Perkins & als. No. 5, Deft.,
Notice
Abijah Thomas Pltf against Martin Bourn & als., Defts.
Notice
Dickenson & Nuckolls, Pltfs against D. Fielder & als.,
Defts, Notice
J. B. Young, Pltf, against D. Fielder & als., Deft,
notice
James L. Bourn, Pltf, against Lacy Austin, Deft, appeal
Steph. Carico, Pltf, against Z. Roberts Admir, Deft., appeal
Dennis Fielder, Pltf. Against Steph. Clark & als., Deft.,
Notice
David Isom for [illegible] Pltf., against James Dickey, & al.,
Deft. Suggestion
William Sexton, pltf, against Andw. Baker, Deft., appeal
James F. Roberts & al., Pltf, against Daniel F. Roberts, Deft,
Road
Harden Cox, Plft, against L. J. Perkins, Deft. Appeal
Daniel Moxley, Pltf, against James Morgan, Deft, Appeal
Ordered that these several causes be continued.
Jackson B. Hash, Pltf, against Stephen Carico, Deft, in
Chy.
Hash & Dickenson, Pltf against Isaac Plummer, Deft, in
Chy.
John K. Ballard, Pltf, against Joseph Bonham, Deft, In Chy.
Ruben Cornutt, pltf, against John Comer & al, Deft. In
Chy.
David Cornutt, pltf, against Wesley Anderson, Deft., In Chy.
Joseph Hampton, Pltf, against John Isom, Deft, In chy.
Plummer & Jones Pltf against Calvin Blevins, Deft, In
Chy.
J. & Wm. B. Dickenson, Pltf, Against Martin Dickenson's heirs,
deft. In Chy.
Warner Hale, Admir, Pltf against James Hale & als. Deft, in
Chy.
Ordered that these several causes be continued.
It is ordered that the sheriff of this county pay the several amounts due to the persons entitled thereto for their services as jurors at this term, and it is further ordered that a list of these entitled to pay from the commonwealth be certified to the auditor of public accounts
F. M. Sutherland County 75 c. Commonwealth $1.50
Mastin Hale County 75 c. Commonwealth $1.50
Harden Cox, Esqr.County 75 c. Commonwealth $1.50
Jackson Phipps County 75 c. Commonwealth $1.50
Lacy Austin County 75 c. Commonwealth $1.50
Alexander Cornett County 75 c. Commonwealth $1.50
George W. Delp County 75 c. Commonwealth $1.50
Andrew Farmer County 75 c. Commonwealth $1.50
Jesse Funk County 75 c. Commonwealth $1.50
Mervin Anderson County 75 c. Commonwealth $1.50
Zachariah Osborn County 75 c. Commonwealth $1.50
William Halsey County 75 c. Commonwealth $1.50
William E. Stone County 75 c. Commonwealth $1.50
Samuel M. Cornett County 75 c. Commonwealth $1.50
David Sheets County 75 c. Commonwealth $1.50
Nathan Ward County 75 c. Commonwealth $1.50
Jackson Ross County 75 c. Commonwealth $1.50
E. S. Cox County 75 c. Commonwealth $1.50
Levi Delp County 75 c. Commonwealth $1.50
Emory Perkins County 75 c. Commonwealth $1.50
E. W. Greer County 75 c. Commonwealth $1.50
John Davis County 75 c. Commonwealth $1.50
Landers Ward County 75 c. Commonwealth $1.50
E. L. Vaughn County 75 c. Commonwealth $1.50
John R. Pool County 75 c. Commonwealth $1.50
Jonas Gentry who is confied in the jail of Grayson County as a lunatic was this day brought before the court and sundry witnesses being sworn and examined as to his sanity or insanity and the matter fully considered it is the opinion of the court that said Jonas Gentry has been restored to sanity and ought to be discharged from custody and receive a certificate thereof, whereupon it is ordered that the jailor of this county discharge said Gentry from his custody and said Gentry have a certificate thereof.
Ordered that Court be adjourned till the first day of the next term.
Hastin Fulton
J. A. Reeves administrator of John Reeves, Dec'd, pltf
against
M. N. Calloway, Deft
In debt. Judgment for $59.62 cents with legal interest thereupon
from the 24th day of May 1855 till paid and the costs, subject to
credit of $20.00 paid 20th July 1860.
Eli Long, Pltf, against William Parks, Deft, In Debt. Judgment for $30.00 with legal interest thereon from the 7th day of September 1860 till paid with costs.
Weldon Edwards for C. & C. Nuckolls, Pltf,
against
Elizabeth Craig, Deft.
In debt. Judgment for $66.00 with legal interest thereon from the
10th day of September 1858 till paid & the costs.
Calloway Cox for Elliott & Drewry, Pltf
against
Haywood Cox, Alexander Cox, & John Blevins, Dfts
In Debt. Judgment for $250.00 with legal interest thereon from the
24th day of June 1856 till paid and the costs.
Andrew J. Steadman for Minnie W. Carter, Pltf
against
James Isom, Spencer Isom & John Isom, Deft,Br> In Debt.
Judgment against the defendant John Isom for $150.00 with legal
interest thereon from the 24th day of July 1860 & the
costs.
James M. Cornutt, Pltf
against
Daniel Moxley & G. H. Moxley, Defts.
In Debt. Judgment for $120.00 with legal interest from the 1st day
of November 1860 till paid & the costs subject to the following
credits, $20.00 paid 7th December 1860 & $4.55 cents paid 30
December 1860 by order of A. Cornutt.
S. Gallion for Wm. O. Hampton, pltf. Against John Bartley,
Deft., in debt
Wm. Harrington for E. J. Shuler, pltf against David Sexton, Deft,
in debt.
Henry Waggoner for A. Hampton, pltf, against Jonas & Jonathan
Gentry, Deft, in debt
Teste. Wm. B. Morgan, D. C.
Present Hastin Fulton, Presiding Justice and Stephen Boyer, C. H. Anderson, William D. Baldwin, & Andrew Hampton Other Justices
The following instruments of writing admitted to record in the Clerk's office of this Court since the last term were produced in court examined and ordered to be spread on the records of this court, viz:
| Name of Parties | Kind of Deed | When Admitted to Record | Kind of Property Conveyed | John Boyer from Drewry Halsey & Nancy his wife | B&S | 27th February 1861 | Real estate | Marvil Thomas from Wm. J. Clark | B&S | 27th February 1861 | Real estate | A. M. Davis from Jonas Gentry | Trust | 28th February 1861 | Personal Property | Wm. M. Bourn from Geo. W. Funk | B&S | 14th March 1861 | Real Estate | H. A. Bourn from Wm. Pendry | B&S | 14th March 1861 | Real Estate | William M. Barton from Hastin A. Bourn | B&S | 14th March 1861 | Real Estate | Jacob A. Hackler from George W. Cornutt Commissioner | B&S | 16th March 1861 | Real Estate | M. N. Calloway from Osborn Reeves | B&S | 23rd March 1861 | Real Estate |
|---|
Teste Wm. B. Morgan, D.C.
John Nite who stands charged with a felony by him committed in the County of Grayson and within the jurisdiction of this court in this that he the said John Nite on the 27th day of August 1860 in said County, divers to wit: About eighty bank notes for the payment of divers sums of money in the whole amounting to the sum of six hundred dollars being then and there the bank notes and property of E. W. Law felloneously did steal take and carry away, who this day set to the bar in custory of the jailor of this county, and having heard the evidence are of opinion that the said John Nite ought to be tried for the said offense by the Circuit Court of Grayson County, thereupon the said John Nite moved the court to allow him to enter into a recognizance with sufficient security for his appearance before said Circuit Court which motion being argued is overruled whereupon the said John Nite is remanded to jail for trial before the said Circuit Court at the next term.
W. D. Nothingham, Cornelius White, F. N. Day & Thomas Snodgrass of Scott County; James Gammon of Washington County and Elijah Long & Burton [illegible] of Grayson County this day appeared in Court and severally acknowledged themselves to be indebted to the Commonwealth of Virginia in the just cause full sum of two hundred dollars each of their respective goods and chattels, lands and tenaments to be levied for the use of the Commonwealth under yet upon this condition, that they shall severally appear before the judge of the Circuit Court of this County at the Court House on the first day of its next regular term to give evidence on a bill of indictment before the grand jury to be [illegible] against John Nite charged with felony and shall not depart thence without leave of said court then the recognizance to be void else to remain in full force and virtue.
Ordered that John H. Perkins commissioner state letter and adjust the administration account of Solomon Spencer & Benjamin Phipps, Administrators of Robert Hash, dec'd and report to court.
On the motion of Zachariah Taylor and Aras Hash (son of Andrew Hash) and for reasons appearing to the court they are hereby exempted form the payment of county levies & Poor rates and working the public highways until the further order of this court.
On motion of Isaac Barton & Jordan J. Maines and for reasons appearing to the Court they are hereby exempted from working the public highway till further order of this court.
A deed of bargain and sale from Hugh Isom to James Kerby was proved in court by the oaths of Randolph Collins & Jackson Higgins subscribing witnesses thereto and ordered to be recorded.
A sale bill fo the personal estate of Caroline Boyer, deceased was this day returned to court and ordered to be recorded.
Ordered that Wm. B. Morgan be appointed to state settle and adjust the administration account of Ephraim Boyer administrator of Caroline Boyer, dec'd and report thereon to court.
An Article of agreement between Timothy Perkins, Isaac Spencer & Christopher Reedy was proved in court and proved by the oath of William Young a subscribing witness thereto and the hand writing of Frederick Reedy dec'd another subscribing witness thereto was proved by the oath of William Young and the same is ordered to be recorded.
On the motion of Ambrose Atkins it is ordered that Robert Vaughn be and he is hereby appointed (giving the parties reasonable notice) to run a line [illegible] by their title papers between said Ambrose Atkins and George M. Atkins commencing at a White Oak on William Carrico's line and running to a stake in the open line between Ambrose Atkins and Thomas Mallory and report to Court.
On motion of Robert P. Baker, Sheriff of this County Milton J. Jones is appointed his deputy sheriff during pleasure and the court being of opinion that the said Milton J. Jones is a man of honesty [illegible] and good demeanor and there upon he took the several oaths prescribed by law.
Ordered that Charles Hale, Ephraim Boyer & R. Fielder he appointed to allot hands to Thomas Burris Overseer of the road out of the companies of hands of Bluford Pool, Franklin Tomlinson & A. Byrd overseers of the road and report thereon to court.
Ordered that George Hines, Jonathan Thomas & M. S. Roberts be appointed to allot hands to John Hines Overseer of the road our of the companies of hands of Talbert Wright, Francis D. Cornutt & Jefferson Ring overseer of roads and report to court.
Upon the application of Samuel Cox, Jr. Ordered that Harvey Hash, John M. Phipps, & Enoch B. Osborn be and they are hereby appointed reviewers to view the way for proposed new road commencing at the ford of the River at Alexander Coxes Senr. To intersect with the Fox Knob road near Alexander Coxes, Jr. Meadow and that they report to this Court impartially the conveniences and inconveniences as that will result as well to individuals as to the public provided said new road should be opened as proposed and especially whither any yard, orchard, or garden will be taken.
Upon the application of Samuel Cox, Jr. ordered that Jones Kirk, Jackson Phipps, & McCoy Anderson be and they are hereby appointed reviewers to view the way for a proposed new road commencing at the Fox Creek Meeting House and [illegible] the nearest and best rout to the ford of the river at Morris Halsey's crossing said river and thence the nearest and best rout to interest the road leading from Gap Civil to the mouth of Wilson and that they report impartially to this court the conveniences and inconveniences that will result as will to the public as to individual provided said road should be opened as proposed and especially whether any yard orchard or garden will be taken.
James Bourn, pltf
against
Curtis H. Bourn, Deft
In Debt. This day came the plantiff as well as the defendant in his
own proper person who acknowledged judgment to the plantiff for
$150.48 cents the amount of the debt mentioned in the summons.
Therefore it is considered by this court that the plantiff recover
against the defendant $150.48. With legal interest thereon from the
9th day of October 1858 until paid & the costs.
Jehue L. Larrowe, Pltf
against
Spencer H. Brackins, Deft
Unlawful Detainer. This day came the parties by their attorneys and
on motion of the defendant for reasons appearing to the court this
cause is continued at his costs till the next term.
David E. James, assignee of Stephen Ross, Pltf
against
Clark Porter, Deft
On a Suggestion. This day came the parties by their attornies and
David McCarrell appeared in Court pursuant to a summons executed on
him to answer said suggestions, and being sworn that at the time
the summons was executed on him he had in his hands the sum of
$150.00 which he supposed belonged to Clark Porter he having
executed his note to said Porter for that sum, but has since found
the said note in the hands of Ervin McCarrell with an assignment
upon it of a prior date than the time the summons was executed on
him, which said note he has paid un[illegible], whereupon the court
takes time to consider whether they will condem in the hands of
said David McCarrell the amount of the plantiff demand till
tomorrow morning to which time this cause is adjourned.
A report of the Overseer of the Poor for this county was this day returned to Court which was received and the Clerk is directed to transmit a true copy to the auditor of public accounts.
James Dickey, jailor of this county produced in Court a claim against the Commonwealth amounting to forty-two dollars & ninety five cents for committing and dieting Amy Ward a lunatic for the 20th day of November 1860 to the 20th day of March 1861 which being sworn to in open court was examined by the court and found correct, the same is ordered certified to the auditor of public accounts for payment, and it appearing to the satisfaction of the court that immediately after the committment of said Amy Ward and at least once in every two months thereafter application was made to the lunatic assylum for admission and refused.
James Dickey jailor of this county produced in court a claim against the Commonwealth amounting to Eleven Dollars thirty five cents for committing, releasing and dieting Jonas Gentry a lunatic from the 29th day of December 1860 to the 30th day of January 1861 which being sworn to in open court was examined by the court and found correct, the same ordered to be certified to the auditor of public accounts for payment. And it appearing to the satisfaction of this court that immediately after the committment of said Jonas Gentry application was made to an asylum for admission and refused.
A deed of bargain and sale from Dan. Cox & Jane his wife to J. D. Cox was proved in court acknowledged by David Cox as his act and deed and ordered to be recorded as to him.
A deed of bargain and sale from David Cox & Jane his wife to Nathan Hill was proved in court acknowledged by said David Cox as his act and ordered to be recorded as to him.
Ordered that Court be adjourned till nine o'clock tomorrow morning.
Hastin Fulton
Virginia at a monthly court continued and held for Grayson Court at the Court House thereof Tuesday the 26th day of March 1861.
Present Hastin Fulton, Presiding Justice and Stephen Boyer, C. H. Anderson, William D. Baldwin, & Andrew Hampton Other Justices
Fielden Young Surveyor of this county this day returned to the court a plot of the lands of Nancy Phipps made out agreeable to the provisions of an order fo the County of Grayson made at the Janauary term 1860 of said Court granting the said Nancy Phipps permission to have an inclusive survey made of all her adjoining tracts of land lying on Buck Mountain in Grayson County, and the Court being satisfied that the said plot is just and reasonable and not intruding upon the rites of other persons certifies the same to be correct.
Upon the application of Hiram Roark ordered that John M. Hale, George W. Warrick, and Eli C. Hale be and they are hereby appointed reviewers to extend the review of a road commencing at Lewis Hale's meadow and ending at the mouth of a lane west of Lebanon Church, and that they report impartially to this court the conveninecnes and inconveniences that will resul as well as to the public as to individuals provided said road should be opened as proposed and especially whether any yard, orchard or garden will be taken.
Ordered that Peyton N. Hale be and hereby appointed overseer of the precint road from the Pine Ford on Elk Creek to the branch a little above Hale's Mill and with the following hands he keeps the same in legal repair to wit: John McLean, Joel McLean, P. N. Hale's black boys, Edmund Thompson, Elizabeth Hale's black boys, Ezra Dennis.
Ordered that Stephen M. Dickey overseer of the poor in District No. 1 bind out according to law to Madison B. Dickey, Susan R. Haga (daughter of Margaret Haga) who will be 9 years old on the 1st day of June until she attain the aid of eighteen years.
Ordered that Stephen M. Dickey overseers of the poor in District No. 1 bind out according to law to Brison Darnall John Kennerly Bedwell (son of Dolitha Bedwell) five years of age until he attain the age of twenty-one years.
Ordered that William Grubb be and is hereby appointed overseer of the precinct of road commencing at S. Greer's School House and ending at Pine Stump and that he with a list of hands to be certified to him he keep the same in legal repair.
Ordered that S. Greer, Morgan Boyer, & John Weiss, Senr. And they are hereby appointed to allot hands to William Grubb overseer of the road out of the companies of Ervin McCarrell & Hiram Mink overseers of the road and report them to court.
Ordered that John Anderson be and he is hereby appointed overseer of a new precint of road from Laurel Creek to intersect the Hounshell road near David Shuler's and that with a list of hands to be certified to him he keep the same in legal repair.
Ordered that A. G. Testaman, Stephen Perkins, and Jesse N. Ross, be and they are hereby appointed to allot a list of hands to John Anderson overseer of the road out of the companies of Joseph Ross & Levi Long overseers of the road and report therein to court.
Upon the application of Granville Boyer it is ordered that Charles Hale, Randolph Fielder & Robert Carson be and they are hereby appointed reviewers to view the way for a new road commencing at Granville Boyers and ending at Munford Carico's and that they report to this court impartially the conveniences and inconveniences that will result as well to individuals as to the public provided said road should be opened as proper and especially whether any yard, orchard or garden will be taken.
Isaac Spencer who was by a former order of this court appointed to superintend the opening of a new road from the state line and intersecting with the Jones Branch road, this day made his report which is ordered to be filed. And it appearing from said report that he had discharged the duties required of him it is therefore ordered that said road as opened by said Spencer Genl Superintendent as aforesaid be established as part of the public highway.
Ordered that Solomon Reedy be and he is hereby appointed Overseer of a new precinct of roads commencing at North Carolina line and intersecting with the Jones Branch road and that with the following hands he keep the same in legal repair, to wit: James Reedy, Joseph Spencer, David Pennington, Joseph McGrady, Wm. Spencer, Robert Spencer, Wilbourn Peek, S. F. Anderson, Jerry (Colvin) David Sheets, Harvey Sheets, Eli Reedy, Levi York, Daniel York, Wm. Davis, Jonathan Davis, Isaac Spencer, Troy Spencer, Andrew Reedy & Wesley Reedy.
Ordered that Wallen Anderson & A. Young overseers of the road and their companies of hands be and they are hereby assigned and required to attend when called on by Granville Ross & Alexander Young General Overseers who were appointed by an order of this court to superintended the opening of a new road and assist in the opening of said new road.
Ordered that the following additional hands be certified to Alexr. Young overseer of the road to wit: A. S. Murry, Mitchell Sanders, Stephen L. Thomas, Stephen Comer & Calvin Greer.
Hiram Jones who was by a former order of this court appointed to superintend the opening of a new road commencing at or near Thomas Phipps' upper place and running up little Fox Creek and intersecting the Calhoun road at or near James Levisays this day made his report to the Court and it appearing therefrom that he has discharged the duties required of him, he is therefore released as General Superintendent of said road, and the same is hereby established as a part of the public highway.
Ordered that James Levisay and Jacob Haga be and there are hereby appointed to divide a new road which has been established as a part of the public highway into two precincts commencing at Thomas Phipps' upper place and intersecting the Calhoun road at or near James Levisay's and recommend suitable persons for overseer, allot hands to keep the same in legal repair and report to next court.
Ordered that Andrew Rector be and he is hereby appointed General Overseer to superintend the opening of a new road commencing at the Cross Roads Meeting House near Andrew Robinsons to New River and that with Wiley G. Collins, M. G. Sesler, Andw. Robinson, Alexander Cox, John Collins, Joseph Hampton, George Bobbett, Andw. Lafayette Oglesby, John Blevins, & L. D. Davis Overseers of roads and their companies of hands proceed and open the same as marked aforesaid and hereby required to attend with their respective companies of hands when called on by said A. Rector General Overseer as aforesaid and work under his direction in the opening and completion of said road.
Ordered that Burton Hawkins be and he is hereby appointed General Overseer to superintend the opening of a new road commencing at New River to David Isoms and that with William Hawkins, S. A. Isom, Griggs Hackler, W. C. Austin, Emanuel Long, A. Waggoner, James D. Taylor & Daniel Moxley overseers of roads and their companies of hands proceed and open the same as marked and laid out by the reviewers and the several overseers of roads are hereby required to attend with their respective companies of hands when called on by said Burton Hawkins General Overseer as aforesaid and work under his direction in the opening and completion of said road.
Ordered that George Bobbett (Captain), Wm. R. Duffey, John B. Waugh, D. Boyer, F. Cooper, & W. D. Hale be and they are hereby appointed to patrol in District No. 2 in Grayson County till April court next.
Ordered that John W. Shields, John N. Rutherford, Fielden Hawks & Freeling Ross for reasons appearing to the court be and there are hereby exempted from the payment of county levies & poor rates in Grayson County until the further order of the court.
Shubal Lunceford, pltf
against
Alexander Cox & Aaron Murry, Deft.
Upon a motion for judgment and award of execution on a forfeiture.
It appearring to the court that the defendants have had legal
notice of this motion, they were solemnly called but came not, on
the motion of the plantiff by his attorney it is considered by the
court that the plantiff recover against the said defendants $175.68
cents the penalty of the said bond and the costs of the motion and
that he have execution therefore to be discharged by the payment of
$87.84 cents with legal interest thereon from the 15th day of
December 1860 till paid & the costs.
Warner Hale, Admr, Pltf
against
James Hale, & als., defts
In Chancery. On motion of Creed B. Hale who filed his petition
asking to be made a party defendant to this suit and allowed to
participate in the proceeds of the sales of the land of Stephen
Hale, deceased that George W. Cornett be ordered to pay over to
your petition the amount coming to Johnson B. Hale from the sale of
the land mentioned in the bill filed in this suit, and to show in
the costs, therefore it is ordered that said petitioner be made
party defendant, and allowed the benefit and legal remedies which
the law gives him in such & cause continued.
John C. Harrington who was by an order made at the last term of this court appointed to rent the lands beloonging to the estate of Andrew Perkins, dec'd, this day made his report and it appearing therefrom that he has rented the land belonging to said estate for the sum of ten dollars & fifty-eight cents and had taken bond payable to himself as commissioner with securitydue on the 1st day of November 1861 which report ordered to be filed.
Ordered that James Levisay be appointed a commissioner to rent out to the best advantage a tract of land belonging to Zachariah Roberts, deceased estate lying on the head of Elk Creek and near the land of Wm. Parks till the 1st day of November next and that he take bond payable to himself as such commissioner with good security and report his proceedings to this court.
Fielden Young, David R. Pugh & John Mc. Phipps who were by an order made at the last January term of this court appointed commissioners to lay off and assign to Ludema Phipps her dower in the land and slaves of her late husband Alexander Phipps deceased. This day returned their report to the court setting forth that they had assigned and allowed to her 130 « acres of land by boundaries set out in their report and the following slaces to wit: Adam, Lot, Ellen and their being no objections to said report the same is confirmed and ordered to be recorded.
David E. Jones, assignee of Stephen Ross, Pltf.
Against
Clark Porter, Deft
On a suggestion. This day came again the parties by their attornies
and the plantiff moved the court to consider in the hands of David
McCarrell garnishes the amount of the plantiff's demand against the
defendant Porter, which motion was overruled whereupon the court
doth consider that this proceeding be dismissed at the plantiff's
cost.
Memorandum. On the trial of this cause the plantiff by his attorney tendered his bill of exceptions which was reviewed signed and sealed by the court and ordered to be made a part of the record which is done.
A settlement and report with W. M. Bourn & Joseph Phipps, Administrators of Martin Bourn, deceased was this day returned to Court and ordered to lie over one term for exceptions.
A report of settlement of the administration accout of Stephen Thomas and as such administrators of Zachariah Roberts, deceased, was this day returned to court and ordered to lie over one term for exceptions.
This court being of opinion that a larger number than twenty-eight juors will suffice for the convenient disposal of the business of this court, it is ordered that the number of jurors to serve at the May quarterly term of this Court be reducted to fourteen and thereafter until otherwise directed the venire facias shall not require a greater number to be summoned to attend the quarterly terms of this court.
A sale bill No. 2 of the estate of William C. Spurlin, dec'd was this day returned to court and ordered to be recorded.
An assignment of dower to Lurinda Perkins in the lands of her late husband Ambrose Perkins, dec'd having been returned to court and ordered to lie over for exceptions was again produced in Court and no exceptions being taken thereto the same is ordered to be recorded.
A report and settlement of the Administration account of Samuel Plummer with the estate of Joseph Plummer, M. D., having been returned to court and ordered to lie over for exceptions was again produced in court and no exceptions being taken thereto is ordered to be recorded.
Mitchell Wright, Pltf
against
Charlotte & Nancy Phelps, Defts
Unlawful dettainer. This day came the parties by their attorneys
and by mutual consent agree that this cause be continued till the
next term.
Stephen Carico, appellant
against
Zachariah Roberts, Appellee
On an appeal from a justices judgment.
Daniel Isom, for &c. Pltf against James Dunkey from Defts on a suggestion.
Dennis Fielder Pltf, against Stephen Clark & als. Defts. On
a notice
On motion it is ordered that these three causes be dismissed at the
plantiff's cost.
Harden Cox, Appellant
against
Lynville J. Perkins for T. F. Perkins, appellee
On an appeal. On motion of the appellant and for reasons appearing
to the court this cause is continued at his costs.
William Sexton, Appellant
against
Andrew Baker, Appellee
On an appeal. Orderd that this cause be continued and the return of
the appellant a rule is made against Wesley Sebastian & William
Pugh to shew cause if any they can why they should not be fined for
their contempt in failing to appear here on this day in obedience
to subpoena returned executed upon them as witnesses on behalf
[illegible] William Sexton against Andrew Baker, the summons
against Sebastian to be sent to the sheriff of Smyth County to
execute.
James F. Vaught Pltf against Rial Martin, Deft., motion
William Sayers, Pltf against Wm. Dalton & als., Defts.,
motion
Farmer's Bank Va. Pltf against Dennis Fielder, Deft., notice
same Pltf against same defts., notice
Dennis Fielder Pltf against T. F. Perkins & als. No. 5, Deft.,
Notice
Abijah Thomas Pltf against Martin Bourn & als., Defts.
Notice
Dickenson & Nuckolls, Pltfs against D. Fielder & als.,
Defts, Notice
J. B. Young, Pltf, against D. Fielder & als., Deft,
notice
James L. Bourn, Pltf, against Lacy Austin, Deft, appeal
Steph. Carico, Pltf, against Z. Roberts Admir, Deft., appeal
Dennis Fielder, Pltf. Against Steph. Clark & als., Deft.,
Notice
David Isom for [illegible] Pltf., against James Dickey, & al.,
Deft. Suggestion
William Sexton, pltf, against Andw. Baker, Deft., appeal
James F. Roberts & al., Pltf, against Daniel F. Roberts, Deft,
Road
Harden Cox, Plft, against L. J. Perkins, Deft. Appeal
Daniel Moxley, Pltf, against James Morgan, Deft, Appeal
Jackson B. Hash, Pltf, against Stephen Carico, Deft, in
Chy.
Hash & Dickenson, Pltf against Isaac Plummer, Deft, in
Chy.
John K. Ballard, Pltf, against Joseph Bonham, Deft, In Chy.
Ruben Cornutt, pltf, against John Comer & al, Deft. In
Chy.
David Cornutt, pltf, against Wesley Anderson, Deft., In Chy.
Joseph Hampton, Pltf, against John Isom, Deft, In chy.
Plummer & Jones Pltf against Calvin Blevins, Deft, In
Chy.
Thomas & Dickey, Pltf, against C. Porterfield, Deft, In
Chy.
J. & Wm. B. Dickenson, Pltf. Against M. Dickenson heirs, Defts,
In Chy.
Lewis Dixon, Pltf, against H. Dixon & als., Defts, In Chy
J. P. Bryan, Pltf, against M. Bourn & als., Defts, In
Chy.
W. Edwards, & Co., Pltf, against E. Craig, Deft, In Chy
J. W. Vaughan for [illegible] Pltf, against Pugh & Hackler,
Deft, In Chy.
Ordered that these several cases be continued till the next term.
Ordered that an offical Directory of all officers &c. Of Grayson County be published for twelve months in the Mountain News a newspaper published in Independence and that the sum of $15.00 be levied in the next county levy to pay the same as per contract with the proprietors.
On application of Stephen M. Dickey who produced in court the sheriff's receipt for the tax imposed by law a license is granted him to keepa bowling alley in the town of Independence in Grayson County for the space of twelve months from this date.
Ordered that Court be adjourned till court in course.
Hastin Fulton
Virginia seceeded from the Union on April 17, 1861, thus the following records are Confederate
Joseph Corvin, Sen., Pltf
against
Shepherd Butner, Deft
In debt. This day came the defendant in hsi own proper person and
acknowledged the plantiff's action for $500.00 the amount of debt
mentioned in the summons, therefore the said Stephen Butner
acknowledged judgment for five hundred dollars with legal interest
thereon from the 19th day of April 1861 till paid & the
costs.
Teste
Jas. W. Ballard, C.C.
Present Mastin Fulton, Presiding Justice and Jeremiah Jennings, Joseph Ross, Stephen F. Anderson, and Stephen Boyer, other justices.
The following instruments of writing admitted to record in the Clerk's office of this court since the last term was produced in court examined and ordered to be spread on the records of the court, viz:
| Names of Paries | Kind of Deed | When admitted to Record | Kind of Property Conveyed | Stephen M. Dickey from A. M. Davis | B&S | 19 April 1861 | Real Estate | George W. Cornett from Jonas Gentry and Marinda his wife | B&S | 16 April 1861 | Real Estate | Ro. B. Baker from Geo. W. Cornett | B&S | 16 April 1861 | Real Estate | G. H. Mathews from Jonas Gentry | Trust | 6 April 1861 | Personal Property | Joseph P. Hash from Joseph Bryant | B&S | 26 March 1861 | Real Estate |
|---|
Teste Wm. B. Morgan, D.C.
A settlement with E. M. Bourn & Joseph Phipps administrators of Martin Bourn dec'd having been returned to court and ordered to lie over for exceptions was again provided in court and no exceptions being taken thereto the same is ordered to be recorded.
A settlement with John South administrator of Joseph South dec'd was proven in court and orderd to lie over one term for exceptions.
A settlement of the administation account of Ephraim Boyer administrator of Caroline Boyer, dec'd was returned to court and ordered to lie over one term for exceptions.
Ordered that Warner Hale be and he is hereby appointed overseer of the precinct of road from the Siggger Ford to the ford of the River near Warner Hale's fish trap in the room of Fielden Carr, resigned and with the following hands he keep the same in legal repair to wit: Fielden Carr, F. Hale, David Hale, & Solomon Jennings.
Ordered that Joel Collins be and he is hereby appointed overseer of the precinct of road from the River to the Island ford road near Burton Hawkins in the room of Wm. Hawkins resigned and with the following hands he keep the same in legal repair to wit: Wm. Hawkins, Ezra Collins, James Collins, and Elijah Collins.
Ordered that John Anderson overseers of the road and hands be appointed and they are hereby required to attend when called by Joseph Ross General overseer and assist in opening and completing a new road from the top of Iron Mountain at the Long Gap to David Coles.
Ordered that the following list of hands be certified to John Anderson overseer of the road to wit: J ohn W. Ross, Jesse N. Ross, W. E. M. Roberts and Andrew Parks.
Ordered that the following list of hands be certified to John Hines overseer of the road towit: Micajah S. Roberts, Frederick Hines, Johnson Hines, Crockett Hines, Jacob Hines, Ptolomey Pool, Wesley Thomas & Peter Thomas.
Ordered that the following hands be certified to Jefferson Ring overseer of the road to wit: Azariah Lundy, David Sexton, Andrew Carson, A. Anderson, George Anderson, George Welsh, Elias Lundy, Wm. F. Wright, James Warrick, Riley Russell, Wiley Pool & Able Carico, Jr.
Ordered that the following list of hands be certified to Talbert Wright overseer of the road to wit: Philander M. Thomas, Stephen Thomas, Eli Daniel, Zachariah Daniel, George W. Wright, Mark Thomas, Dennis Funk, Minitree Funk, Kennerly Funk, John Williamson, John Hale, Aaron Lundy & Alfred [blank]
Ordered that John W. Parsons, L. B. Senter & S. F. Anderson be and they are hereby appointed commissioners to reprecinct the public roads in the vicinity of Grassy Creek and Wilson Creek recommend suitable persons for overseers allot hands to each precinct and report to court.
It appearing to the satisfaction of the court that John Spencer and Richard Shackleford are not able to pay county levies and poor rates in this county, it is therefore ordered that they be exempted from the payment of the same until the further order of the court.