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Minutes of the Ashe County, North Carolina Court of Pleas and Quarter Sessions 1811

February Term 1811

State of North Carolina
Ashe County
At a county court begun and held for the county of Ashe on the Second Monday Being the 11 day of Feb. 1811.

Justices Present
Alex Smith
Martain Gambill, Esqr
David Miller

Ordered by the court that Saml Estes be overseers of the road in room of Thos. Moody, the same hands and bounds of road.

Ordered by the court that Jonathan Baker be overseer of the road in room of Wm. Yates the same road.

Ordered by the court that Julian Pue be overseer of the road in room of Jacob Baldwin the same.

Ordered by the court that Jonathan Boon be overseer of the road in room of Reuben Hartley.

Ordered by the court that Adam Welker be overseer of the road in room of Jacob May the same hands.

Ordered by the court that William Seviely [?] be overseer of the road in room of Levi Jones the same hands.

Ordered by the court that Absolom Smith be overseer in room of Stephen Chappel the same road & hands.

Ordered by the court that Jno Hash be allowed $10.00 for his services as Admr. Of Francis Stogill.

The court apoints Coln. Horton & Esqrs McMillan as Committy to settle with the County trustee.

Ordered by the court that Geo. Bower, Junr. Be head overseer of the Cool Springs road and call on Absolom Bowers, Dan’l Dickson, Thos. Callaway, David Hartsog, Henry Bare, and there hands to open the same.

A deed from Wm. Alford to John Cox for 100 acres proven by Wm. Gambill.

A deed from Wm. Alford to John Cox for 200 acres proven by Wm. Gambill

A deed from Christian Shearer to Geo. Koons for 50 acres proven by Jonathan Baker.

A deed from Peter Whitaker to Reuben Ross for 150 acres proven by Jno. Tolliver.

A deed from Sam’l Cox to Jacob Kellar for 80 acres by Sam’l Cox.

A deed from Wm. Mikel to Henry Mikel for 50 acres proven by Michael Stuehard.

A deed from Chris. Shearer to Henry Mikel for 37 acres proven by Michael Stuehard.

A deed from Henry Mikel, Snr. To Henry Mikel, Junr. 200 acres proven by Michael Stuehard.

A deed from the Commissioners to David Earnest for Lott No. 18 proven by Alex. Smith.

A deed from Chris. Shearer to James Griffith for 127 acres proven by Sam’l Griffith.

A deed from Wm. Penington to Wm. Senter proven by Jno. Hash.

A deed from Wm. Poe to John Landreth for 50 acres proven by Thos. McGimsey.

A deed from James Masingale to Alen Woodruf for 400 acres proven by Stephen Chappel

A deed from Mathias Poe to Jno. Landreth for 300 acres proven by Thos. McGimsey.

A deed from Geo. Noe to Joseph Mast for 300 acres proven by David.

A deed from Dan’l Daugherty to Wm. Snow for 100 acres proven by Eli Cleveland.

May Term 1811

State of North Carolina
Ashe County
At a county court begun and held for the county of Ashe on the First Monday of May in the year or our Lord One thousand Eight hundred and Eleven being the 6th day.

Justices Present
Micajah Penington
Charles Tolliver, Esqr
Abraham Vanderpool

Ordered by the court that Reuben Ross be overseer of the road in room of George Phips the same road and hands.

Ordered by the court that George Thomas be overseer of the road in room of David Roten

Ordered by the court that the road from the Mouth of Helton that goes by Esqr. Gambill’s be disanuled.

Ordered by the court that Geo. Houck be overseer of the road from James Griffith to the fork of Beaver in room of Thos. Callaway, Esqr.

Ordered by the court that the road turning out below Jesse Tolliver leading to Fisher’s Gap be disannuled as a publick road, but be left open as a cart way and that David Edwards his hands work on the road from the Virginia line to the Grayson road.

Ordered by the [court] to disanul the road leading from Richard Williams to David Coxes.

Ordered by the court that Wm. Gambill be overseer of the road in room of Henry Wagoner the same road and hands.

Ordered by the court that the Clerk Number all claims issued from the office against the county and keep a book for that purpose.

Ordered by the court that any officer executing property the following fees to wit: For keeping a horse 1/- per day for keeping a cow 6d per day and for a hog or sheep 3d per day.

Ordered by the court that Jno. O’Johnson & Alex Smith lay off Prison bounds in the town of Jefferson for the benefit of involvent Debters agreeable to law.

David Earnest
v
Ephrom Standiford
Ejectment. Jury sworn and impaneled as follows, to wit:

Michael Stuehard Peter Bowers Charles Francis
Leonard Fouts Chas. Roark John Wagg
Elijah Jenings Mathias Poe Joshua Weaver
Wm. Penington Andrew Shearer John Ellar

The jury charged find for the Pltf that he hand a [illegible] deed within the meets and bounds described within the Pltf. Declaration and covered by His Grant. Appeal prayed and granted.

Samuel Cox was duly elected sheriff by a majority of justices present.

Ordered by the court the tax for the year 1810 be the same as for 1809.

James B. Bunyard was duly elected county trustee until August next.

Ordered by the court that Eli Cleveland be allowed 12/6 per day for guarding Tolliver 3 days.

William Snow
v
John [illegible]
Jury sworn and impaneled as follows:

William Walters Robert Tomson Henry Mikel
Charles Francis Thomas Brooks John Brown
John Jones Mathew Langly John Ray
Robert H. Laney Risden Cooper Shade Callaway

Find that the writing obligatory to be the act and deed of the Deft. and assess the plantiff damage to two hundred and twenty-five dollars and 6d cost.

Risden Cooper to the use of Thomas Callaway
v
John Pumphrey
The same jury as above except Daniel Dickson in room of Risden Cooper.

Jury find that the writing obligatory declared upon to be the act and deed of the Deft and Assess the Pltf Damage to four hundred dollars.

Waugh & Finley
v
Milly Humphreys
Original Attachment. Elizabeth Humphries sworn as a garnishee in the above case and declares on oath that she has nothing in her hands nor knows of no other person having any such property.

A Mortgage Deed from William [illegible] to Waugh and Finley for Lot No. 18 proven by Sam’l Cox.

Waugh & Finley
v
Milly Humphries
Original Attachment Sarah Humphries garnishee, ordered by the court that an issue be made up, if any property or note or bond or other writing has been assigned to the said Sarah Humphries or is in her hands, assigned to any other person without a valuable consideration.

A deed from John Richardson to Abner Holsey for 50 acres proven by Joshua Cox.

A deed from Lewis Sheppard to James Tatem for 200 acres proven by Squire Willcockson.

A deed from Nathan Masingale to Aaron Canedy for 200 acres proven by John Allen Woodruff.

A deed from Nathan Horton to Henry Chambers for 50 acres proven by David Millar.

A deed from John Richardson to Amos Halsey for 70 acres proven by Joshua Cox.

A deed from Daniel Bates to James Wellborn for 250 acres proven by William Hacket.

A deed from James Richardson to Wm. Halsey for 100 acres proven by Sam’l Cox.

A deed from Henry Millar to George Sails for 50 acres proven by Thomas Tyree.

A deed from David Coleman to Jonathan Coleman for 135 acres proven by John Brown.

A deed from John Henson to Henry Chambers for 150 acres proven by Henry Graybill.

A deed from Daniel O. Daugherty to Aaron Pearce for 1400 acres acknowledged by Dan’l Daughtery.

A deed from Simeon Taylor to Stephen Landreth for 100 acres proven by John McMillan.

A deed from William Hinson to Gilbert Norris for 100 acres proven by Henry Chambers.

A deed from William Hinson to Gilbert Norris for 30 acres proven by Henry Chambers.

A deed from John Hinson to Henry Chambers for 50 acres proven by Henry Graybill.

A deed from John Hinson to Henry Chambers for 50 acres proven by Henry Graybill.

A deed from Henry Mikel to Henry Mikel for 180 acres proven by Michael Stoehard.

August Term 1811

State of North Carolina
Ashe County
At a court begun and held for the County of Ashe on the Second Monday of August A.D. 1811.

Justices Present
Nathan Horton
Alex. Smith, Esqr.
Elijah Callaway
A deed from Antony Harmon to James Welborn for 100 acres proven by Jesse Cleveland.

Ordered by the court that Robert Shearer be overseer of the road from the New Marked Road from the Turnpike Road near Jordan Council’s to the head of John’s River and call on the hands including John Green, Snr, all on the waters of New River above John Green’s and all the hands adjacent to the turnpike road including Wm. Hodges.

Ordered by the court that a Resurvey be made on the land granted to Coln. Arthur Campbell of 400 acres on Grassy Creek on the petition of Thos. Anderson.

James B. Bunyard was unanimously elected for County trustee and give for security Martain Gambill and Elijah Callaway.

Ordered by the court that Andrew Cox be bound to Geo. Bower, Jur. Said Bower to give said Cox two years schooling, a sixty dollar horse and a good freedom suit.

Saml Cox returned 39 insolvents for 1810.

A deed from Solomon Stamper to Peter Hart for 200 acres proven by James Stamper.

A deed from Jno. McComas to Francis Bryan for 200 acres proven by Saml Johnson.

A deed from Thomas Porter to Jesse Ray for 100 acres proven by John Kessler.

A deed from Samuel Cox to Daniel Daughtery for ___ acknowledged by Sam’l Cox.

A deed from Drury Casel to John Douglas for 100 acres proven by David Cox.

A deed from [illegible, perhaps Joshua] Tomkins to Daniel Egers for 85 acres proven by Joseph Morphew.

A deed from William Hinson to Gilbert Harris for 90 acres proven by Henry Chambers.

A deed from John Koons to George Sells for 50 acres proven by Jonathan Baker.

A deed from Isaac Holbrook to Tim. Perkins for 150 acres proved by John Wagg.

A deed from Drury Casel to Jno. Douglas for 60 acres proven by David Cox.

A deed from Wm. Hollinsworth to Elijah Powel for 50 acres proven by John Read.

A deed from Wm. Snow to Meridith Ballow for 99 acres proven by Sam’l Cox.

A deed from William Snow to Meridith Ballew for 100 acres for 100 acres proven by Sam’l Cox.

A deed from Wm. Snow to Meridith Ballew for 50 acres proven by Sam’l Cox.

A deed from Wm. Snow to Meridith Ballew for 200 acres proven by Sam’l Cox.

A deed from Wm. Snow to Meridith Ballew for 25 acres proven by Sam’l Cox.

A deed from Robt. Nall to Peter Graybill for 100 aces proven by John Barnett.

A deed from Peter Hart to Robt. Hash for 150 acres Ackn. By Peter Hart.

A deed from Henry Brewer to Henry Wagoner for 200 acres proven by Richard Williams.

A deed from Martain Gambill to Mat. Williams for 100 acres Ackn. By Martain Gambill.

A deed from Henry Smith to David Fees for 33 acres proven by John Kessler.

A deed from Thomas Brooks to Alex. Smith for 100 acres proven by James Johnson.

A deed from Wm.Hollinsworth to Elijah Powel for 44/4 acres proven by John Read.

A deed from Joseph Murphy to Daniel Eggers for 100 acres Ackn. By Joseph Murphy.

A deed from Michael Crider to Peter Graybill for 320 acres Ackn by Michael Crider.

A deed from Nathan Pope to Thos. Anderson for 365 acres Ackn by Nathan Pope.

November Term 1811

[Note: This term was done in a different hand, and is very difficult to read. – J. C. W.]

State of North Carolina
Ashe County
At a County Court Begun and held for the county of Ashe on the Second Monday of November 1811 being the 11th day of Nov.

Justices Present
Nathan Horton
Mathias Harmon, Esqr.
Sam’l Willcockson

The last will and testament of Peter Goodman was proven in open court by the affirmation of Jacob Faw.

Ordered by the court that letters of Admrs. issue to Jacob Baker & Jacob Faw on the estate of Peter Goodman, Deceased with a copy of the will annexed.

Waugh & Finley
v
Elizabeth Humphries
Appeal. Jury sworn and impaneled as follows, to wit:

Isaac Taylor Seth Osborn Adam Welborn
John Baker Wm. Snow Henry Mikel
Frederick Black Daniel Miller John Tolliver
Andrew Turner Michael Stuehard Michael Crider

Verdict for the plantiff $28.94 cents, appeal prayed and granted.

Elizabeth Humphries
v
Waugh & Finley
Petition. The same jury as above except David Ingram in room of Mikael. Jury find the property set fourth in the petition to be the right property of the petitioners.

Sally Humphries
v
Waugh & Finley
[two words illegible] No Suit

Waugh & Finley
v
John Wasom
Appeal, Jury sworn & Impaneled as follows:

Isaac Taylor John Baker Jacob Faw
Andrew Turner William Griffith Sidnah Maxwell
Seth Osborn Michael Crider Chris Burkett
Frederick Black Chas. Earnest Jacob Baker

Jury find that the Deft. did [illegible] that there is no payment nor set off and assess the plantiff damage to twenty-two dollars and 46 � cents and 6d costs.

John Wasom
v
John O’Johnson
Appeal. Jury sworn and impaneled as follows (illegible) [not listed]

The same jury find as a [illegible] find that the Deft. did [illegible] and that there was no payment nor set off and no [illegible] and assess the plaintiff damage to $4.50 and cost 6d.

A deed from Peter Whitiker to Solomon Scott for 180 acres proven by John Toliver.

A deed from John Ferguson to Nathan Horton for 5 acres proven by James Horton.

A deed from Daniel Eggers to Edmon Blackburn for 65 acres proven by Ephrim Norris.

A deed from James Baldwin to Stephen Baldwin for 140 acres proven by Jno. McMillan

A deed from Joseph Caldwell to James Richardson for 250 acres proven by Sam’l Cox.

A deed from Mathias Harmon to Abner Vanderpool for 50 acres ackn. By Mat. Harmon.

A deed from Wm. Ellison to [illegible] 150 acres prd by Solomon [illegible]

A deed from Gorsham Tomkins to Jno [illegible] 50 acres pvd by Ephraim Morris.

A deed from Jno. Reed to Robt King 100 acres prvd by Edward King.

A deed from Jno. Perry to Alex Smith 170 acres prvd by David Earnest.

A deed from Leond. Powers to Jesse Hall of 6 acres prvd by Risden Cooper.

A deed from Daniel Dorherty to Isaac Greer of 700 acres acknowledged by sd. Dorherty.

A deed from Jos. Rowland o Leonard Fouts for 113 acres pd by Jno. Burket.

A deed from Methias Harmon to Abraham Vanderpool 104 acres acknowledged by said Harmon.

A deed from [illegible] Ritter to Peter Goodman 250 acres pd by Seth Orsborn.

A deed from Jno. Reeves to Jno. Kesler for 300 acres pd by Geo. Cox.

A deed from Jos. Callaway to Vinson Hatensord [?] 5 acres pd by Elisha Collons.

A deed from Wm. Lawton to Geo. Koons 100 pd by [?] Colvard.

A deed from Jacob Eller to Alexr. Smith 146 acres acknowledged by said Eller.

A deed from Jos. Kessler to Jacob Baker 32 acres pd by Thos. Callaway.

A deed from James Mayfield to Wm. Mayfield 600 acres pd by Jno. Masfield[?]

A deed from Stephen Reed to Robt King 71/2 pvd by Eli Cleveland.

A deed from Conrod Coldiron to Jos. Flecher 100 acres pd by Master Cleveland.

A deed from Jno. Reed to Robt. King 63 acres proved by Ed. King.

A deed from Jos. Campbell to Zachariah Campbell proved by Abraham Vanderpool.

A deed from Jno. Reed to Robt. King 100 acres pd by Edward King.

A deed from Mical Stuhard to Andy [illegible] 50 acres acknowledged by Stuhard.

A deed from George Sisemore to Thos McGimsey 66 acres pd by Jno. Cox.

A deed from Jesse Ray to Jacob Baker 4 acres pd by Thos. Callaway.

A deed from Jos. Kesler to Jacob Baker 50 acres pd by Thos Callaway.

A deed from William Sisemore to Thos. McGimsey 5 acres pd by Jno. Cox.

A deed from Jos. Kessler to Jacob Baker 200 acres pd by [illegible] Callaway.

A deed from Thos. Callaway to Jacob Baker 100 acres acknowledged by sd. Callaway.

A deed from Stephen Reed to [illegible] 51/2 proved by Eli Cleveland.