Stewart County Court Minutes, April 1808 – November 1812

[The original Minutes are in loose pages at the Stewart County Archives and most were microfilmed by TSLA as Stewart County Roll 38.  Some pages were discovered in 2011 and microfilmed by TSLA.]

 

[Note:  Page numbers are not in the original Minutes.  They are added here as an aid to those locating specific pages on microfilm.  Note also that the entire January 1808 term, and Monday April 25 of the April 1808 term, are missing.]

 

(p. 1, Tuesday, April 26, 1808)

James Moore       )

vs.                        )  Debt

Thomas Clinton  )

The defendant in this case comes into Court and confesses judgment according to specialty. The plaintiff agrees to stay the execution three months.

 

Ordered by the Court that the Clerk be allowed eight dollars for the purpose of making a book case, to be paid out of any monies in the Treasury.

 

Personally came John Allen and acknowledged himself indebted to the State in the sum of $100, to be levied of his goods and chattels, lands and tenements, for the use of the State, but to be void on condition that the said John Allen do make his personal appearance at the next term of this Court, to prosecute in behalf of the State a bill of indictment, the State versus George and Benjamin Martin for an assault and battery.

Acknowledged in open Court, R. Cooper, clk.                                                John Allen (seal)

 

Ordered by the Court that the tax for contingent expenses for the present year be equal to the State tax on each species of property where they are authorized and where they are not as high as the law allows.

 

Inventory of the estate of James Smith deceased was returned on oath by Joseph Smith, one of the executors.

 

Account of sales of the estate of James Smith deceased was returned on oath by Joseph Smith, one of the executors.

 

(p. 2)

Be it remembered that Charles Whitmill Harrington personally came into Court and acknowledged himself indebted to the State in the sum of $100, to be levied of his goods and chattels, lands and tenements, for the use of the State, but to be void on condition that he shall make his personal appearance at the next term of this Court, to prosecute in behalf of the State, bill of indictment versus Rozy Haggard for an assault and battery.

Acknowledged In Open Court, April sessions 1808                                        his

Test:  R. Cooper, C. S. C.                                                                    Whitmill C. Harrington

                                                                                                                        mark

 

Yancey Thornton came into Court and entered into bond in the sum of $5000, with John Allen, Henry Gibson, Asa Atkins, William Cooley, William Davidson, Samuel Thornton and Peter Kendall securities for his faithful performance in office, and took the necessary oaths.

 

Bill of sale, William Curl to R. Cooper for a Negro Stephen was acknowledged in open Court and ordered to be registered.

 

Bill of sale, William R. Sparkman to R. Cooper for a Negro man French was acknowledged in open Court and ordered to be registered.

 

Ordered that Wiley Whatley be allowed $5.50 for attending this Court at several courts heretofore as Constable.

 

Ordered that Thomas Allmond build a mill across Wells Creek at the first Rocky Shoal below Allmond’s Creek, about 200 yards below said mouth.

 

(p. 3)

Samuel Thornton  )

vs.                           )  Original Attachment

Charnal Russell     )  Present William Outlaw, Tapley Maddox, Charles Polk, Esqr.

                        Jury

William Hubbard                    James Scarborough

Jesse Whitford                                    Joseph Taylor

Anderson Andrews                 Daniel Lewis

Peter Kendall                           Daniel Buchanan

William Davidson                    Daniel McAllister

Benjamin Edwards                  Samuel French

who being elected, tried and sworn the truth to speak on the writ of enquiry awarded in this case upon their oaths do say the plaintiff has sustained damages by reason of the nonperformance of the assumptions entered into by the defendant, and assess his damages by reason thereof to $68.18 1/2 cents, besides his costs about his suit in this behalf expended.  It is therefore considered by the Court that the plaintiff recover against the said defendant the said sum of $68.18 1/2, and the damages and costs assessed by the jury.

 

Court adjourned until tomorrow morning, 10 o'clock.

 

Court met according to adjournment, present George Petty, Charles Polk and John Chambers, Esqr.

 

On motion it is the opinion of the Court that Yancey Thornton is the Constitutional Sheriff of this County and ought to be considered as such.

 

(p. 4)

William Cooley’s lessee  )  Ejectment

vs.                                     )  Court Charles Polk, George Petty, John Chambers, William Outlaw and

Isaac Brunson                  )  Tapley Maddox, Esqr.

On motion of the defendant by his attorney for a continuance, affidavit being filed after argument of counsel on both sides, it is considered by the Court that the matters contained in the affidavit filed are insufficient, and the motion be overruled and the parties come to trial.

Thereupon came a jury, (to wit):

William Hubbard                    James Scarborough

Peter Kendall                           Daniel Buchanan

Samuel French                                    Joseph Taylor

John Allen                               Daniel McAllister

William Davidson                    Daniel Lewis

Henry Jackson                                    Jesse Whitford

who being elected, tried and sworn the truth to speak upon the issue joined, upon their oath do say that the defendant is guilty of the trespass and ejectment in the declaration mentioned as the plaintiff in declaring against him hath alleged, and assess his damages by reason thereof to one cent.  Therefore it is considered by the Court that the plaintiff recover against the defendant the premises or tract of land in the declaration mentioned, together with his damages aforesaid in manner aforesaid assessed, and his costs about his suit in this behalf expended.

From which verdict of the jury and judgment of the Court, the defendant prays an appeal to the Superior Court of Law for the district of Robertson, and entered bond in the sum of $2000 with William Hubbard and Joseph Miller securities, for his faithfully prosecuting his said appeal, and filed his reasons as follows.

 

(p. 5)

Bill of sale, Tapley Maddox to R. Cooper for a Negro girl Joisey was acknowledged in open Court by the said Tapley Maddox and ordered to be registered.

 

Bill of sale, R. Cooper to Henry Sparkman for a gray mare was proven in open Court by the oaths of Drury Bird and William Ezell, subscribing witnesses thereto, and ordered to be registered.

 

On motion it is ordered by the Court that the lands reported by the Sheriff to be in arrears for taxes of last year by the Sheriff, and on which the taxes have not since been paid, be subject to the payment of said taxes and that the Clerk issue executions separately vs. the owners of said lands, and that the Sheriff proceed to sell the same on the first Monday in July, agreeable to the Acts of Assembly in that case made and provided.

 

William Outlaw’s lessee  )  Ejectment

vs.                                      )  Thomas Clinton, Charles Polk, George Petty, Tapley Maddox and

Joseph Smith                    )  John Chambers, Esq.

This day came the parties, and on motion of the defendant for a continuance on affidavit, after argument thereon it is considered by the Court that the cause be continued.

 

Ordered by the Court that John Allen and Henry Gibson be appointed commissioners to settle with the Trustee, Collector etc.

 

Isaac Williams     )

vs.                         )  Appeal

Lamuel Carnick  )

The defendant in this case being solemnly called came not. Whereupon it is considered by the Court that the plaintiff recover against him as adjudged by the Justice of the Peace on trial of this warrant.

 

(p. 6)

Nathaniel Denson  )

vs.                           )  Certiorari

William Bogard     )  Present Tapley Maddox, William Outlaw, John Chambers.

                        Jury

William Hubbard        John Allen                   James Scarborough

Peter Kendall               William Davidson        Daniel McAllister

Jesse Whitford                        Joseph Taylor             Samuel French

Daniel Lewis               Henry Jackson                        Daniel Buchanan

who being elected, tried and sworn the truth to speak upon the issue joined, upon their oath do say they find for the defendant.  It is therefore considered by the Court that the defendant depart this Court without day and recover against the plaintiff his costs about his defense in this behalf expended.

 

Ordered by the Court that the commissioners who settled with the Trustee be allowed one dollar for each for their services.

 

Ordered by the Court that Aaron Fletcher be exonerated from paying tax on a stud horse for last year.

 

Ordered by the Court that George Petty be allowed the sum of $3.25 for furnishing provisions etc. for a guard guarding of John Hobbs.

 

Ordered by the Court that a tax be collected for the building of a district jail, viz., on each white poll three cents, on each town lot three cents, on each hundred acres of land three cents, on each stud horse one dollar, on each merchant five dollars, on each black poll six cents.

 

Ordered that a tax of two cents on each hundred acres of land in this County be collected for the purpose of paying for wolf scalps.

 

(p. 7)

Nathaniel Denson  )

vs.                           )  Appeal

William Bogard     )  Present John Chambers, Tapley Maddox and Charles Polk, Esqrs.

                        Jury

William Haggard                    James Warnock          Joseph Smith

Thomas Ward                         Daniel Lewis               Asa Atkins

Larry Satterfield                      James Wall                  Elijah Lancaster

Hiram Warnock                      Reuben Elliott             James Turney

Who being elected, tried and sworn the truth to speak upon the matters in controversy, upon their oath do say they find for the defendant.  It is therefore considered by the Court that the defendant go without day and recover against the said plaintiff his costs about his defense in this behalf expended.

 

Ordered that Aaron Fletcher be exonerated from paying for a stray horse taken up by him, which got crippled and dyed [sic].

 

Ordered by the Court that the Sheriff summon Nimrod Crosswell, David Andrews, Drury Bird, Wilson Randle, Elisha Askew, Josiah Askew, George Cathey, Elijah Lancaster, John Boyd, Joseph McCarthy, Asa Atkins, Robert W. Ellison, Moses Larissa, Mackey McNatt, John G. Fletcher, Cornelius Anderson, Henry Pugh, Simon Fletcher, Shadrack Bird, Ebenezer Pyatt, William King, John Dunn, Joseph Gray, John Allen, Martin Wells, James Gatlin, John Gaston, John Kizer, John McCarthy, Reuben Elliott, Walter Gill, John Hervey, Thomas Smith, Rowland Rushing, Walter Stewart, Nathan Thomas, Samuel Smith, (p. 8) Thomas Allmond & Philip Hornberger to attend this Court the next term as Grand and Petit jurors.

 

Aaron Fletcher proves three days’ attendance this term as a Constable.

 

Yancey Thornton came into Court and entered into bond in the sum of $2000, with Joseph Gray Jr., Henry Gibson, Peter Kendall, William Davidson and Asa Atkins securities, for collection of taxes etc.

 

Ordered by the Court that John Chambers be allowed four dollars for two wolf scalps, to be paid by the Trustee when the tax for that purpose is collected.

 

Ordered that Daniel Wyatt be allowed two dollars for one wolf scalp, to be paid out of the tax laid for that purpose.

 

Deed of trust, Charles Croughton to Adam Darby for 2240 acres of land was proven before a Notary Public in the State of Virginia, was produced in open Court and ordered to be registered, after examination of the Certificate of probate.

 

Elizabeth Hays,            )

adm’x. of James Hays  )  Original Attachment

vs.                                 )  Returned to this term

the representatives        )

of Thomas Hays           )  Proceedings stayed six months by request of the plaintiff.

 

Ordered that Jesse Denson, late Collector, have a credit for six white polls, insolvents, 2430 acres of land twice given in, one black poll, for 1807.

 

(p. 9)

Court adjourned until tomorrow morning, 10 o'clock.

 

Thursday, 28 April 1808

Court met according to adjournment, present Thomas Clinton, William Outlaw, George Petty, Esqrs.

 

Ordered that Arthur Collier Esq., who was appointed to receive the lists of taxable property in Capt. Graham's company for the present year, return the said list to the Clerk within ten days.

 

Transfer of half a land warrant for 1380 acres of land was acknowledged by Peter R. Booker to Joseph Gray and ordered to be registered.

 

Jesse Denson comes into Court and prays a Writ of Error from a division of the Court against him in favor of Yancey Thornton as Sheriff of this county, that a division may be had thereon in the Superior Court of Law for the District of Robertson, entered into bond and security, etc.

 

Deed of conveyance, the co-heirs of John McNeese to Watson, Scott & Co., was produced in open Court, and after examining the Certificate of probate from the State of Virginia, Nansemond County, it is ordered by the Court that the said deed be registered, the said Martin first paying the State tax to Clerk, for 1000 acres which lies in this County.

 

                                                                                    Thomas Clinton

                                                                                    William Outlaw

                                                                                    George Petty

(p. 10)

At a Court began and held for the County of Stewart at the Court House in the town of Dover on the fourth Monday in July, 1808, being the 25th day of said month, Present Thomas Clinton, James Tagert & Joseph B. Neville, Esqrs.

 

A Writ of Mandamus from the honorable the Judges of the Superior Court of Law for the District of Robertson, directed to the Justices of this Court, was produced and read, directing them to admit Jesse Denson to come forward and take the oath of office as a Sheriff of this County.  Whereupon it is ordered by the Court that the said Denson be admitted to take the oaths of office according to said Writ, and who came forward and was sworn accordingly.

 

                        Grand Jury:

Samuel A. Smith (foreman)                 Nimrod Crosswell

John McCarthy                                   John Dunn

Martin Wells                                        Elijah Lancaster

John Gaston                                        Moses Larissa

Philip Hornberger                              George Cathey

Rowland Rushing                                John G. Fletcher

Walter Stewart                                                William King

Reuben Elliott

who being elected, impanelled, sworn & charged etc., retired.

 

Deed of conveyance, William Murray to Isaac Brunson for 250 acres of land was acknowledged in open Court and ordered to be registered.

 

Personally came into Court William Murray and acknowledged the execution, a deed of conveyance as agent in fact for Thomas Crecy to Isaac Brunson for 250 acres of land, and ordered to be registered.

 

(p. 11)

Robert Sample’s lessee  )

vs.                                    )  Ejectment

James Gatlin                   )

The parties by their attorneys came into Court and by their consent it is ordered by the Court that this cause be continued.

 

Deed of Conveyance, Guthridge Lyons to William Moore for 919 acres of land was proven in open Court by the oaths of William Lyons and Tapley Maddox, subscribing witnesses thereto, and ordered to be registered.

 

Deed of Conveyance, Duncan Stewart to Lewis Brock for 260 acres of land was proven in open Court by the oaths of Martin Wells and Enoch Mashbourn, subscribing witnesses thereto, and ordered to be registered.

 

Personally came into Court Martin Wells and acknowledged the execution of a deed of conveyance to Lewis Brock for 50 acres of land, which was ordered to be registered.

 

Deed of Conveyance, Robert Sample, attorney in fact for James Gillingham, to William Curl for 640 acres of land was proven in open Court by the oaths of Thomas Clinton and William M. Cooley subscribing witnesses thereto, and ordered to be registered.

 

William Clements & Co.  ) Present Joseph B. Neville, Charles Polk, James Tagert and

vs.                                      )  William Outlaw, Esq.

Charles Teas                     )  Debt - $210

This day came the parties by their attorneys and thereupon also came a jury to wit:  David Andrews, Drury Bird, John Boyd, Asa Atkins, Shadrack Bird, John Allen, Thomas Smith, Nathan Thomas, Joseph McCarthy, Wilson Lightfoot, Henry Pugh, Anderson Andrews, who being elected, (p. 12) tried and sworn the truth to speak, upon the issues joined upon their oaths, do say they find for the plaintiff the sum of $123.60, part of the debt in the declaration mentioned, and assess his damages by reason of detaining the same to $11.12 damages, besides his costs about his suit in this behalf expended.

And the defendant by his attorney enters a motion for a new trial.

 

Jesse Denson came into Court and entered into bond in the sum of fifteen hundred dollars, with Nathaniel Denson, Joseph McCarthy, Joseph Gray Jr., John McCarthy and Martin Wells securities, for collection and payment of taxes, etc.

 

Deed of Conveyance, Hendley Stone to Reuben Elliott for 100 acres of land was proven in open Court by the oaths of Dorrel Young and Robert Jones, subscribing witnesses thereto, and ordered to be registered.

 

Deed of Conveyance, Hendley Stone to William Crouse for 100 acres of land was proven in open Court by the oaths of Dorrel Young and Robert Jones, subscribing witnesses thereto, and ordered to be registered.

 

Elijah Lancaster records his stock mark, viz., a swallow fork in each ear.

 

Deed of Conveyance, George Boyd to Martin Wells for 154 acres of land was proven in open Court by the oaths of John Boyd and Joseph McCarthy, subscribing witnesses thereto, (p. 13) and ordered to be registered.

 

Ordered by the Court that Gause Brinson be appointed guardian to Drury Brinson, an orphan boy of the age of 16, who came into Court and entered into bond and security in the sum of one thousand dollars for his guardianship.

 

Ordered that William Curl and Thomas Clinton be appointed to settle with the administrators of the estate of Gause Brinson deceased.

 

Deed of Conveyance, Henry Small, Sheriff of Montgomery County, to Jesse Denson for 1640 acres of land was proven in open Court by the oaths of Duncan Stewart and Henry Minor, subscribing witnesses thereto, and ordered to be registered.

 

Court adjourned until tomorrow morning, nine o’clock.

 

Court met according to adjournment, present James Tagert, John Chambers and Arthur Collier and Tapley Maddox, Esqrs.

 

William Clements & Co.  )  Present Joshua Williams, Thomas Clinton, Tapley Maddox, John Chambers,

vs.                                      )  Charles Polk, Esqrs.

Charles Teas                     )  Debt - $136.51

This day came the parties by their attorneys, and thereupon also came a jury (to wit):  Thomas Smith, Josiah Askew, Asa Atkins, Henry Pugh, Elisha Askew, Simon Fletcher, Shadrack Bird, David Andrews, John Allen, Drury Bird, Joseph McCarthy and John Boyd, who being elected, tried and sworn the truth to speak upon the issues (p. 14) upon their oath do say they find for the plaintiff the sum of $28.03, part of the debt in the declaration mentioned, and assess his damages by reason of detaining the same to $3.09, besides his costs about his suit in this behalf expended.

And the defendant by his attorney enters a motion for a new trial.

 

Ordered by the Court that Elisha Robinson be allowed two dollars for a wolf scalp killed by him, to be paid out of the tax for that purpose when collected.

 

Dorrel Young comes into Court and petitions for a writ of certiorari and supersedeas to issue in a suit brought against him before a Justice of the Peace for said county, to bring the said cause up to this Court, which being heard and read, it is ordered by the Court that the writs issue, agreeable to the prayer of said petition.

 

Ordered by the Court that Joseph Gray Jr. be appointed overseer of the road in the room of Thomas French.

 

Ordered by the Court that Richard Cooley be appointed overseer of the road in the room of William Pearce.

 

Ordered that William Haggard, Thomas Smith, William Outlaw, Joseph B. Neville, Caleb Williams, Tapley Maddox and William Cooley be appointed jurors to the next Superior Court.

 

(p. 15)

William Outlaw’s lessee  )  Ejectment

vs.                                     )  Present Tapley Maddox, James Tagert, Charles Polk, Arthur Collier,

Joseph Smith                    )  Joshua Williams, John Chambers and Joseph B. Neville, Esqrs.

This day came the parties by their attorneys, and on motion of the defendant on affidavit for a continuance, after argument of counsel being heard on both sides, it is ordered by the Court that this cause be continued.

 

Duncan Stewart returns a list of the distributive shares of the estate of Gause Brinson deceased.

 

William Curl and Thomas Clinton, commissioners to settle with the administrators of Gause Brinson deceased, returned an account of said settlement.

 

Ordered by the Court that Joshua Williams, Thomas French, William Pryor & David Hogan, commissioners for entering the County of Stewart and fixing on the seat of justice in said county, are for their services & expenses in said business allowed as follows:  Joshua Williams Sr., Thomas French, William Pryor & David Hogan, acting commissioners, two dollars per day for four days each; two chain carriers one dollar per day for four days each; surveyor’s services for four days at two dollars per day; to be paid by the County Trustee out of any publick [sic] money in his hands not otherwise appropriated.

 

(p. 16)

Personally came into open Court David Bradford and acknowledged the execution of a bill of sale to Joseph McCarthy for three Negroes, to wit:  a girl named Lucy about fourteen years of age, a Negro boy named Jack about nine years old, and a Negro girl named Nance about six years old, which is ordered to be registered.

 

Ordered that Robert Cooper be allowed ten dollars for recording tax lists etc., to be paid out of any monies in the Treasury not otherwise appropriated.

 

Charles W. Harrington  )  assault & battery

vs.                                    )  Present Thomas Clinton, Charles Polk, Joshua Williams, John Chambers &

William Haggard &       )  Arthur Collier.

Rozy, his wife                 )

This day came the parties by their attorneys, and on motion of the defendant for a continuance, affidavit having been made after argument of counsel being heard on both sides, it is ordered by the Court that this cause be continued.

 

Ordered by the Court that Abraham Phillips, Joseph McCarthy, Elijah Lancaster, Jesse Turpan and William Phillips view and mark a road from the Eddyville Road on the top of the hill on the north side of Hickman’s Creek, the nearest and best way to William Green’s mill on the waters of Tennessee.

 

Ordered that Frederick Weston be appointed a Constable, who came forward, gave bond and security and took the oath of office.

 

(p. 17)

State of Tennessee  )  Jesse Denson, Sheriff and Collector of the State and County taxes for the County

Stewart County       )  aforesaid, reports to the Court that the taxes remain unpaid on a tract of land of 2572 acres of land in the name of Thomas Callender, on the north side of Cumberland River on Callender’s Creek, for the year 1806, and that the said Thomas Callender has no goods and chattels in this county on which he can distrain for the same.  It is therefore ordered by the Court that the Clerk cause a certificate of the same, together with the amount of taxes, costs & charges due thereon, to be twice published by the State Printer in his paper, and twice in the Clarksville Gazette, setting forth that the same will be sold, or so much thereof as will satisfy the taxes, costs & charges due thereon.

 

Ordered that William Curl, Benjamin Bradford, Peter Kendall, David Hogan, Messer Ward, Joshua Williams, William Hubbard, William Davidson, Cornelius Anderson, William Lyndsey, Samuel Luton, Alexander Walker, Thomas French, William Crouse, Lemuel Smith, Philip Lewis, John Hervey, John Jones, James Scarborough, Nathaniel Denson, David Scarborough, John Landers, Adam McGee, Thomas McGee, Wilson Randle, Bryant Oneal, Larry Satterfield, Joseph Smith, Samuel French, Thomas White, Jeremiah Norrod, Travis Moore, Henry Wyatt, Henry Jackson, Nimrod Crosswell, John Acree, Daniel Lewis, John Churchill and Thomas Brigham be summoned to attend this Court next term to serve as Grand and Petit jurors.

 

(p. 18)

Mark Rushing             )

vs.                                )  Certiorari

William Hornberger  )

This day came the parties by their attorneys and the plaintiff’s attorney enters a motion to dismiss the certiorari.  Motion overruled by the Court.

 

Thomas White  )

vs.                      )  Debt

John Landers    )

The parties in this case by their attorneys come into Court, and the plaintiff demurs to the defendant’s pleas in abatement.

 

Be it remembered that Henry White personally came into Court and acknowledged himself indebted to the State in the sum of one hundred dollars, to be levied of his goods and chattels, lands and tenements for the use of the State, but to be void on condition that the said Henry White shall make his personal appearance here tomorrow to testify and the truth to say, in behalf of the State in a bill of indictment found by the Grand Jury of said county the present term against William Outlaw, for mismarking one bull calf not his own property.                                                Henry White

Acknowledged in open Court.

 

Mark Rushing             )

vs.                                )  Certiorari

William Hornberger  )

Present Joshua Williams, Charles Polk and Tapley Maddox and Arthur Collier, Esqr.

This day came the parties by their attorneys, and the plaintiff’s motion to dismiss the certiorari being overruled, thereupon came a jury, to wit:  James Scarborough, Nathan Thomas, Zachariah Wyatt, William Whiteside, Thomas Childers, Cornelius Anderson, William Jackson, Joseph Gray, Josiah Chambers, Jeremiah Norrod, (p. 19) Lewis Jackson and John Wyatt, who being elected, tried and sworn the truth to speak, upon the issues joined upon their oath do say they find for the plaintiff the sum of eighty-seven and a half cents, besides his costs about his suit in this behalf expended.  It is therefore considered by the Court that the plaintiff recover against the said defendant in manner & form as assessed by the jury.

 

Ordered by the Court that Jacob McCarthy’s hands, Yancey Thornton’s, Mr. Massey’s  and James Harrises’, Thomas Allmond and Philip Lewis work under Jacob McCarthy on the road from his ferry to Mrs. Brinson’s.

 

William Allen    )

vs.                       )  Slander

James Rodgers  )

This day came the defendant by his attorney and suggests to the Court that the plaintiff in this case is dead.

 

William Allen    )

vs.                      )  Case

James Rodgers  )

This day came the defendant by his attorney and suggests to the Court that the plaintiff in this case is dead.

 

On motion it is ordered by the Court that James Haggard to be allowed four dollars for guarding a prisoner to Clarksville.

 

Court adjourned until tomorrow morning, nine o'clock.

 

(p. 20)

Wednesday, 27 July 1808

 

Court met according to adjournment. Present John Chambers, Arthur Collier and Charles Polk, Esqr., Thomas Clinton, Joshua Williams, James Tagert, George Petty and Tapley Maddox.

 

State                      )  Sci. Fa.

vs.                          )

James H. Russell  ) Forfeited Recognizance

The defendant in this case being solemnly called came not, therefore it is considered by the Court that judgment be entered against him according to scire facias.

 

State                    )  Sci. Fa.

vs.                       )  Forfeited Recognizance bail for J. Hobbs

Simon Fletcher  )

The defendant in this case being solemnly called came not, therefore it is considered by the Court that judgment be entered against him according to scire facias.

 

Ordered by the Court that Joshua Williams, James Tagert and Thomas French let the building of a jail on the public square in Dover to the lowest bidder, and make return to next Court.

 

State                      )

vs.                          )  Sci. Fa.

James H. Russell  )

The defendant in this case enters a motion to remit the fine or forfeiture. After argument of counsel heard on both sides, it is considered by the Court that one half of the said forfeiture be remitted.

 

State              )

vs.                 )  Stealing

John Hobbs  )

Elijah Lancaster, a witness in this case, proves nine days attendance in this case as a witness in behalf of the State.

 

(p. 21)

On motion it is ordered by the Court that Yancey Thornton be allowed four dollars for his ex officio services while acting as Sheriff of this County, to be paid out of the County tax.

 

Ordered by the Court that John Allen and Henry Pugh settle with Yancey Thornton for the taxes collected by him, and receive the tax list and monies collected from him and remit to him for the same, and deliver the said money and list to the Sheriff and take a receipt from him for the same.

 

Personally came into Court Thomas Clinton and acknowledged the execution of a deed of conveyance to Nathaniel Denson for 200 acres of land, which is ordered to be registered.

 

On motion it is ordered by the Court that George W. L. Marr be allowed $15 for his services as County Solicitor for nine months past, to be paid out of any County monies not otherwise appropriated.

 

Ordered by the Court that Travis Moore, Joseph Taylor and William Haggard for Capt. Outlaw’s company; Edmond Taylor, Davis Yarborough and Samuel French for Capt. Kendall’s company; Philip Hornberger, Henry Jackson and Henry Chambers for Capt. Graham’s company; John Kizer, Nathan Thomas and Jacob McCarthy in Capt. Warden’s company; John Allen, John Cooper and Cornelius Anderson for Capt. Allen’s company; and William Pryor, William Haynes and John Jones for Capt. Terney’s company be appointed valuers of property under execution in their respective companies, agreeable to an Act of Assembly in such case made and provided.

 

Ordered that Wiley Whatley be allowed two dollars for guarding John Hobbs, to be paid out of the County monies not otherwise appropriated.

 

(p. 22)

State                 )

vs.                     )  Presentment for A&B

William Pryor  )

The defendant in this case comes into Court and submits, and it is considered by the Court that he be fined 12 and half cents and pay costs etc.

 

State                  )

vs.                      )  Indictment for assault & battery

George Martin  )

This day came the defendant by his attorney and pleads not guilty as set forth in the bill of indictment.  Thereupon also came a jury, to wit:  Drury Bird, Simon Fletcher, John Boyd, William Haynes, Josiah Askew, Asa Atkins, Joseph McCarthy, Thomas Smith, David Andrews, Cornelius Anderson, Elisha Askew and Nathan Thomas, who being elected tried and sworn the truths to speak upon the issue joined, upon their oaths do say they find the defendant not guilty of the assault and battery as stated in the bill of indictment. It is therefore considered by the Court that the prosecutor be taxed with the costs agreeable to the Acts of Assembly in that case made and provided.

 

William Hornberger, a witness in this case in behalf of the State, proves three days attendance in said suit.

Philip Rushing, a witness in this case, proves three days attendance as a witness in this case.

James David, a witness for the plaintiff, proves three days attendance in this case.

 

William Clements & Co.  )

vs.                                      )  Debt - $211

Charles Teas                     )

On motion for a new trial, after argument of counsel thereon, it is considered by the Court that a new trial be granted.

 

(p. 23)

Ordered that John Atkins Jr. be appointed overseer of the road in the room of Abner Kelly.

 

The Grand jury appeared in Court and having no bills to present they made application to the Court to be discharged. It is therefore considered by the Court that the Grand jury be discharged from any further attendance this term.

 

State             )

vs.                 )  Indictment for hog stealing

John Hobbs  )

Nathaniel Denson proved eight days attendance as a witness in this case. Samuel Lancaster, a witness in this case, proves three days attendance. Wiley Whatley, a witness in this case, proves eight days attendance in the suit. Benjamin Boyd, a witness, proves four days attendance.

 

Henry White, who was bound in a recognizance in the sum of $100 to appear here this day to give testimony in behalf of the State against William Outlaw on an indictment for mismarking a bull yearling, being solemnly called came not. Therefore it is considered by the Court that the said recognizance be forfeited and that a writ of sci. fa. issue accordingly, returnable here at the next term of this Court.

 

Deed of conveyance, John Allen to Henry Pugh for 927 acres of land, was acknowledged in open Court by the said John Allen and ordered to be registered.

 

(p. 24)

Andrew Anderson  )

vs.                            )  Appeal

Jesse Denson          )

The plaintiff in this case being solemnly called to come into Court and prosecute his said suit came not. It is therefore considered by the Court that the defendant depart this Court without day and recover of the said plaintiff his costs about his suit in this behalf expended.

                                                                                                Thomas Clinton

                                                                                                John Chambers

                                                                                                Arthur Collier

 

At a Court began and held for the County of Stewart at the courthouse in the town of Dover on Monday the 24th of October 1808, present Joshua Williams, Joseph B. Neville, Charles Polk and William Outlaw Esqrs.

 

Michael Dickson Esq. came into Court and took the oath prescribed by law for a Justice of the Peace, agreeable to a dedimus directed to this County.

 

                                    Grand Jury

William Curl, foreman                        John Landers                          Adam McGee

John Churchill                        Samuel French                                    Cornelius Anderson

Philip Lewis                             Lemuel Smith                          Thomas French

Henry Jackson                                    David Scarborough                James Scarborough

John Jones                              Jeremiah Norrod                     Alexander Walker

Who being impaneled and sworn and charged, retired etc.

 

Personally came into Court William Largent and acknowledged the execution of a deed of conveyance to John Barnes for 100 acres of land in Newberry County, State of South Carolina.

 

(p. 25)

Richard Taylor personally came into Court and acknowledged an assignment for transfer of a land warrant for 25 acres of land to Hezekiah Rory.

 

Daniel Mitchell  )

vs.                       )

Daniel Young    )

The plaintiff in this case came personally into Court and ordered the said suit to be dismissed at his costs.

 

Deed of conveyance, Enoch Douge, attorney in fact for Samuel Feribee, was proven in open Court by the oath of James Mallory and John Williams, subscribing witnesses thereto, and ordered to be registered.

 

Hezekiah Rorie records his stock mark, viz., a swallow fork in the left ear, a crop and under bit in the right.

 

State                   )  Present George Petty, Joshua Williams, Thomas Clinton and Charles Polk, Esqr.

vs.                       )  Forfeited Recognizance

Simon Fletcher  ) 

The defendant in this case comes into Court by his attorney and enters a motion to set aside the judgment by default taken against him last term, and after argument of counsel on both sides it is considered by the Court by consent of the parties that this motion be continued for argument until tomorrow morning.

 

Court adjourned until tomorrow morning, 10 o'clock.

 

(p. 26)

Tuesday, October the 25th 1808

 

Court met according to adjournment, present Thomas Clinton, Joshua Williams, Charles Polk and William Outlaw, Esqr.

 

Deed of conveyance, William Curl, Sheriff to William M. Cooley for 99 acres of land was acknowledged in open Court and ordered to be registered.

 

Personally came into Court William Curl, late Sheriff, and acknowledged the execution of a deed of conveyance to William M. Cooley for 388 acres of land, which the Court ordered to be registered.

 

Deed of conveyance, Benjamin Downs to John Jones for 224 acres of land was proven in open Court by the oaths of Joseph B. Neville and Charles Polk, subscribing witnesses thereto, and ordered to be registered.

 

State                   )

vs.                       )  Forfeited Recognizance

Simon Fletcher  )  

The defendant by his attorney brought up the motion postponed yesterday to set aside the judgment by default. And after argument of counsel being heard on both sides, it is ordered by the Court that judgment be set aside, and the defendant be admitted to plead etc.

 

Ordered by the Court that Larry Satterfield be appointed overseer of the road in the room of James Scarborough Jr.

 

(p. 27)

Personally came into open Court, Joseph Gray Sr. and acknowledged the execution of a bill of sale to William M. Cooley for a Negro girl named Dory, which is ordered to be registered.

 

Personally came into Court William Curl, late Sheriff, and acknowledged the execution of a deed of conveyance to Jacob McCarthy for 228 acres of land, which was ordered to be registered.

 

Ordered by the Court that the road leading from Dover by Capt. Outlaw's be turned from the ford of the creek and run along below a forked maple, then through his meadow by the corner of his fence, so as to go into the old road, east of his house.

 

Ordered by the Court that a road leading from Dover to Allen's mill be laid off, the nearest and best way, and that John Allen, William M. Cooley, William Pearce, Joseph Gray Jr. and William Outlaw view and mark said road.

 

Ordered by the Court that the part of the road leading up Dyers Creek toward Clarksville be discontinued, to wit, from William Pearce's to Dover, and that another road be laid off from said Pearce's to Dover, and that John Allen, William Cooley, William Pearce, Joseph Gray Jr. and William Outlaw be appointed to view and mark the same.

 

Whereas by the death of some of the Justices of the Peace appointed to receive the lists of taxable property for the present year, a number of persons have not returned their lists.  It is therefore ordered by the Court that all persons who have returned (p. 28) or shall return their said lists during the present term to the Clerk & Sheriff shall be exonerated from paying double tax on their property.

 

Deed of conveyance, James Goodrich to John Brock for 275 acres, was proven in open Court by the oaths of Dorrel Young and Thomas Smith, subscribing witnesses thereto, and ordered to be registered.

 

Ordered by the Court that the Coroner be allowed five dollars for holding an inquest on the body of John Carson, supposed to be drowned, to be paid out of any County monies not otherwise appropriated.

 

Ordered by the Court that the Trustee pay to the undertakers of the jail the sum of fifty dollars, sixty-six and one-half  cents out of the money into his hand collected for that purpose.

 

Ordered by the Court that Wilson Randle, Benjamin Davis, Joseph Smith, Travis Moore and Henry Wyatt view and lay off a road the nearest and best way to Bradford's ferry on Cumberland River, and also a road from said ferry to the mouth of Richland Creek.

 

Ordered that the Clerk advertise that the Court will, on the first day of next term, transact County business, and State business on the third day of said term.

 

Deed of conveyance, William Curl to William Travis for 640 acres of land, was acknowledged in open Court by said Curl and ordered to be registered.

 

(p. 29)

William Outlaw’s lessee  )

vs.                                      )  Ejectment

Joseph Smith                    )

Defendant in this case comes into Court by his attorney and enters a motion for a continuance on affidavit, and after argument of counsel on both sides it is ordered by the Court that this cause be continued.

 

Charles W. Harrington       )  Present Charles Polk, John Chambers & Arthur Collier, Esqr.

vs.                                         )  Assault & Battery

William & Rozy Haggard  ) 

This day came the parties by their attorneys, and thereupon also came a jury, to wit:  Benjamin Bradford, David Hogan, Messer Ward, Joshua Williams Jr., William Davidson, Daniel Lewis, William Crouse, John Hervey, Nathaniel Denson, John Acree, Wilson Randle and Thomas Brigham, who being elected, tried and sworn the truth to speak upon the issue joined, upon their oath do say they find the defendant guilty of the assault and battery as stated in the plaintiff's declaration, and assess his damages by reason thereof to 12 and half cents besides his costs about his suit in this behalf expended. It is therefore considered by the Court that the plaintiff recover against the defendants in manner and form as assessed by the jury.

 

Ordered by the Court that Levi Taylor be exonerated from paying for a stray mare taken up by him, which has since strayed away and cannot be found by him, as appears to the satisfaction of the Court.

 

(p. 30)

Deed of conveyance, Richard Manly Jr. to David Hogan for 108 acres of land was acknowledged in open Court by said Manly and ordered to be registered.

 

Ordered by the Court that Thomas White, William Curl, William Dunbar, James Dunbar, Peter Kendall and Asa Atkins view and lay off a road from Bradford’s ferry the nearest and best way to Shelby’s mill on Blooming Grove, so far as the county line.

 

Personally came into Court James Warnock and acknowledged the execution of a deed of conveyance to Nathan Stagner for 100 acres of land, which is ordered to be registered.

 

Ordered by the Court that Stephen Gilbert be appointed a valuer in Capt. Kendall's company, in the room of Samuel French.

 

William Little     )  Present Thomas Clinton, Arthur Collier and Charles Polk, Esqr.

vs.                        )  Debt - $275

Owen Thornton  )

The parties in this case by their attorneys, and thereupon also came a jury, to wit:  Thomas White, Thomas McGee, Bryant Oneal, Larry Satterfield, Joseph Smith, Travis Moore, Nimrod Crosswell, John Brown, William Collier, John Reeves, Noah Sinclair and Balaam Maulding, who being elected tried and sworn the truth to speak upon the issue joined, upon their oath do say they find the said issues for the defendant. It is therefore considered by the Court that the defendant depart this Court without day and recover against the said plaintiff his costs about his suit in this behalf expended.

 

Court adjourned until tomorrow morning, nine o'clock.

 

(p. 31)

Wednesday, October 26th 1808

 

Court met according to adjournment, present Joshua Williams, James Tagert, Arthur Collier & Joseph B. Neville, Esqrs.

 

Ordered that the Sheriff receive the taxes on a list of lands returned by William Clements for the years 1807 and 1808, and the owners be exonerated from paying double tax.

 

Vance, King & Bradley  )

vs.                                     )

James Morse                   )

The defendant in case comes into Court and says he has nothing to say in bar of the plaintiff's demand. It is therefore considered by the Court that the plaintiffs recover against the defendant according to specialty, besides his costs about his suit in this behalf expended.

 

Personally came into Court Mary Brinson and acknowledged the execution of a deed of gift to her children Benjamin Brinson, Drury Brinson and Arissa Brinson of a Negro girl named Jane, one bay mare, one sorrel horse, two cows and calves, eight head of young cattle, one wagon and gear, together with all her household furniture, farming utensils, ordered to be registered.

 

Personally came into Court John French and acknowledged the execution of the transfer of an occupant claim to Alexander Walker.

 

(p. 32)

State                      )

vs.                          )  Indictment for hog stealing - not a true bill

Charles Williams  )

Charles Williams, who stands bound in a recognizance in this case to make his personal appearance before Court, comes into Court and prays that he be exonerated from his said recognizance. It is therefore ordered by the Court that he be discharged from said recognizance etc.  And on motion to tax the prosecutor with costs, it is ordered by the Court that the prosecutor pay all costs.

 

Jacob McCarthy gives in for John Arrington 100 acres of land and one poll tax for 1808.

 

On motion of Peter Buchanan and Mary his wife, formerly Mary Brinson, to have themselves appointed guardians to Arissa Brinson, daughter of the said Mary, it is considered by the Court that they be appointed guardians by giving bond and sufficient security, who came into Court and gave Nathaniel Denson and Philip Hornberger securities.

 

Elisabeth Hays, administratrix of Joseph Hays deceased  )

vs.                                                                                        )

The heirs and representatives of Thomas Hays deceased   )

The defendants in this case being solemnly called to defend the matters in dispute came not, wherefore it is considered by the Court that the plaintiff recover against the said defendants according to specialty, and a writ of enquiry be awarded to be inquired of by a jury here next term.

 

[Note:  The remainder of the October 1808 term, and the beginning of the January 1809 term, are missing.  Parts of the January and April 1809 terms are very fragmented due to water and insect damage.  Contents of the missing words, denoted by ‘…’, might be inferred by examining the Settlements and Bonds book for the same period.]

 

(p. 33)

[Monday, January 25th 1809]

 

… dollars, with William M. Cooley security, [for] the faithfully discharging their administration and qualified accordingly.

 

William M. Cooley came into Court and gave bond and security in the sum of $2000 for his performance in office as Trustee for said County, with William Pryor and Yancey Thornton securities.

 

Thomas Clinton came into Court and entered [into] bond and security in the sum of $2000, with Philip Hornberger and Yancey Thornton securities, for his performance in office as Register for said County.

 

D. H. Burton personally came into Court and gave bond and security in the sum of $500 conditioned for his performance in [office] as a Constable, took the oaths etc.  Philip [Hornberger and] Frederick [Weston securities].

 

Hugh F. Bell came into Court and gave bond and security in the sum of $500 conditioned for keeping a ferry across Cumberland River opposite D[over, with Philip] Hornberger and Jacob McCarthy [securities].

 

Joseph Taylor came into Court [and gave bond and] security in the sum of five hundred [dollars for] his performance in office as [Ranger of said] County, with James H. Russell [and Adam McGee] securities for his performance.

 

(p. 34)

[Jesse] Denson Esq., Sheriff and Collector, reports to the Court that the taxes remain unpaid on the following tracts of land for the year 1808 and also town lots, listed for said year for State and County, and that the owners have no goods or chattels to his knowledge on which he can distrain, to wit:  Benjamin Shepherd, Benjamin Shepherd 1000 acres on Cypress Creek, Benjamin Shepherd 1000, Benjamin Shepherd 1000 below, Thomas Berry 640, Leatherwood Creek 274 Thomas Berry, Robert Nelson 3081 different tracts, also 90 town lots,

The heirs of Jesse Morris ...079 N of grant, 640 acres granted to Nicolas Long, John Sulam on soldiers for 1808, Joshua Hadley 2560 S. Cross Creek, William Richards 1000 S. side of Cumberland River, ... Bateman 500 N. side of Cumberland River, Hendley Stone 3030, Samuel Spragean 500 Duck [River],...500, Alexander McCall 228 waters of..., ... 640 Duck River, William Hughlett 640... River, William Hughlett 320 waters of..., John Edmondson 320 acres Saline Creek, ...Ross 282, William Bayliss 150

[It is therefore] ordered by the Court that the Clerk... the same together with the amount... severally thereon to the Printer's... Knoxville, and also a like copy...Impartial Review in Nash[ville]... Agreeable to law, stating that... sold, or so much thereof as will... costs and charges due thereon, agreeable...Assembly in that case made and provided... Monday in July next, in the second day... previously paid.

 

(p. 35)

Court adjourned until tomorrow [morning], 11 o'clock.

 

Court met according to adjournment, present William Outlaw, Thomas Clinton and James Tagert, Esqr.

 

Ordered that Jeremiah [Smith], an orphan boy, be bound unto John Williams, who came into Court and signed the indenture accordingly.

Ordered by the Court that Bryant Oneal be appointed guardian for said boy, who came into Court and entered into bond with Nathaniel Denson security.

 

James Scarborough  )  Case

vs.                              )  Present Thomas Clinton, George Petty and James Tagert, Esqr.

William Outlaw        )

This day came the parties by their attorneys, and on motion of the plaintiff's attorney for leave to amend his declaration, it is ordered by the Court that the motion be overruled.

 

Smith’s Executor  )

vs.                          )

Pryor & Outlaw   )

Henry Gibson proves nine days attendance as a witness since the commencement and four ferriages.

 

Jeremiah Smith was bound to John Williams by Thomas Clinton, Chairman of said Court.

 

Nimrod Crosswell  )  Case

vs.                            )  Present Thomas Clinton, George Petty and James Tagert, Esqr.

William Outlaw      )

This day came the parties by their attorneys [and] on motion of the defendant’s attorney for [leave] to amend his declaration, after argument thereon it is ordered by the Court that the motion be overruled.

 

(p. 36)

Isaac Brunson’s lessee  )  Ejectment

vs.                                   )  Present Thomas Clinton, James Tagert and George Petty

William Cooley             )

On motion, ordered by the Court that ... Atkins and Henry Gibson be appointed to survey the lands in dispute and return three plats of the same to next Court term.

 

Ordered by the Court that the executors of Thomas Smith deceased have leave to sell the perishable property belonging to said estate, first advertising the same agreeable to law.

 

Ordered by the Court that Joseph Smith be appointed guardian for his daughter Jenny Smith, who gave bond and security in the sum of $1000 for his said guardianship, Adam McGee, Bryant Oneal securities etc.

 

In all three cases of McGee's lessee against Jesse Denson and others in ejectment, it is ordered by consent of the parties their causes be left to the final award and arbitration of three persons appointed by the Court, who appointed Joseph B. Neville, Henry Pugh and Thomas French, whose award it is agreed shall be the judgment of the Court to be returned here next term.

 

Ordered that David Rowland be exonerated from all taxes whatever.

 

(p. 37)

On motion of King and Poston by their [attorney] George W. L. Marr for a judgment [against] the Sheriff and his securities for not [paying] $71.91 together with interest thereon from rendering judgment in their favor [vs.] Samuel A. Smith and Joshua Williams in their favor, it is ordered by the Court that the motion be overruled.

 

…The said plaintiffs entered by their attorneys a motion for an appeal.

 

…The said Sheriff comes and confesses judgment agreeable to the motion.

 

Court adjourned in course.                  Thomas Clinton

                                                            James Tagert

                                                            William Outlaw

 

(p. 38)

At a Court began and held for the County of Stewart in the courthouse in the town of Dover on the fourth Monday in April 1809, being the 24th day, present Joshua Williams, George Petty, Charles Polk, John Chambers, James Tagert, William Outlaw and Hamblin Manly, Esqr.

 

                                    Grand Jury

Wilson Randle, foreman                     Joseph Smith

Adam McGee                                      Gause Brinson

John Brock                                          Henry Edwards

Zachariah Ratliffe                               William Pearce

John McCarthy                                   Walter Stewart

Davis Yarborough                              Wiley Whatley

John Matheny                                     Philip Hornberger

Zachariah Oneal

 

Ordered that William King have leave to keep a Tavern at his house in Dover, who came into Court and gave bond and security with William Cooley and William Haggard security etc.

 

Deed of conveyance, John French to Samuel French for 72 acres of land was acknowledged in open Court by the said John French and ordered to be registered.

 

On motion of William Clements and John H. Hyde, merchants and copartners in trade for a judgment to be entered versus Elijah Rushing, constable, and Philip Hornberger and William Hornberger his securities, for not returning an execution the said Clements and Hyde versus Malachi [Lewis], postponed until Wednesday morning.

 

(p. 39)

John McCarthy  )

vs.                       )  Original Attachment

James Rochelle  )

Personally appeared in Court James Rochelle with his security and replevins the property attached ...

Personally appeared in Court Martin Wells and Atherington Rochelle and acknowledged themselves special bail for the defendant and undertook for him that if he shall be cast in the suit, he shall fulfill and satisfy the judgment therein or surrender his body to the Sheriff of said County, or that they will pay and satisfy the same for him.

 

Ordered by the Court that Joseph Gray work on the road from William Pearce's to the Clarksville Road (on towards Dover) in addition to the road he is already overseer of, and the same hands work under him.

 

Ordered by the Court that George Petty be allowed the sum of $2.50 for furnishing a guard with provisions one washin [sic].

 

Ordered that William Thomason be allowed the sum of two dollars for a wolf scalp.

 

Ordered that John Wyatt be allowed two dollars for a wolf scalp killed by him.

 

Deed of conveyance, Mann Phillips to William Dunbar for 158 3/4 acres of land was acknowledged by the said Mann Phillips in open Court and ordered to be registered.

 

Deed of conveyance, Mann Phillips to Faulkner Elliott Sr. for 100 acres, was acknowledged in open Court and ordered to be registered.

 

Deed of conveyance, Mann Phillips to [Rachel] Elliott and Ransom Elliott for 100 acres was acknowledged in open Court and ordered to be registered.

 

(p. 40)

Deed of conveyance, Mann Phillips to William Phillips, was acknowledged in open Court by the said Mann Phillips and ordered to be registered.

 

Bill of sale, Mann Phillips to Robert Phillips, was acknowledged in open Court by the said Mann Phillips and ordered to be registered.

 

On motion ordered that James Tagert Esq. be appointed guardian for Drury Brinson in the room of Gause Brinson, who was formerly appointed, who came into Court and entered into bond and security in the sum of $1000 for the faithful discharge of his guardianship, with Tapley Maddox and John McCarthy securities.

 

Feribee Collier, administratrix of the estate of Arthur Collier deceased, returns an inventory and account of sales of said estate on oath.

 

Personally came into Court Elisha Askew and acknowledged himself indebted to the State in the sum of $250, to be levied of his goods and chattels, lands and tenements for the use of the State, but to be void on condition that he shall make his personal appearance here next term to prosecute in behalf of the State in a bill of indictment against James Cane for an assault and battery committed on the body of the said Askew by the said Cane.

Acknowledged in open Court                                                  Elisha Askew

            R. Cooper, Clk.

 

Deed of conveyance, James Jeffries to Mackey McNatt, was proven in open Court by the oath of J. B. Reynolds ... subscribing witnesses thereto, and ordered to be registered.

 

(p. 41)

Court adjourned for half an hour.

 

Court met according to adjournment, present Joshua Williams, Charles Polk, James Tagert, .... Elijah Lowry and William Outlaw, Esq.

 

Deed of conveyance, John Smith to John [Williams] for 100 acres of land was acknowledged in open Court by the said John Smith and ordered to be registered.

 

Ordered by the Court that William Dunbar, ... Elliott, John Gaston, Young Stokes, Cyrus Roberts, [Benjamin] Bradford and James Hamlet view and lay off a road from Faulkner Elliott's ferry, the nearest and best way to Joshua Williams Esq. neighborhood, and make return of the same to next Court.

 

Ordered by the Court that James Dunbar, William Dunbar, Philip Hall, Mann Phillips and Jacob McCarthy view and mark a road from McCarthy's ferry to Bradford's ferry and make return to next Court.

 

McGee’s lessee             )

vs.                                  )

Jesse Denson & others  )

We the subscribing being appointed by the Court and consent of the parties in their three cases have met at the house of William King in the town of Dover, do award and determine first that the land in dispute we are of opinion belongs to Adam McGee, and we also agree that the improvement made by Andrew Cathey on said land be returned immediately in possession of said McGee with a reasonable fence, and we also agree that ... Armstrong continue on the improvement ... by him one crop more and then return the improvement to Adam McGee under a reasonable... And it is our opinion that the improvement...(p. 42) ... two crops more be made by said Glenn... said improvement immediately be returned to said... with a good reasonable fence, and is finally... that Jesse Denson pay the costs of said suits, this... April 1809.   Signed                                                                    Henry Pugh

                                                                                                                        J. B. Neville

                                                                                                                        Thomas French

 

On motion of Mary Ritchie, widow of James Ritchie, by her attorney to re-examine the probate of said Ritchie's will and testament, after argument of counsel being heard on both sides, it is ordered by the Court that the said probate be re-examined and that an issue be tried whether the said paper said to be said Ritchie's will be his will or not, on Thursday next.

 

Ordered by the Court that Thomas Clinton receive the lists of taxable property in Capt. Outlaw's company, John Chambers in Capt. Rushing's company, James Tagert in Capt. Warden’s company, Joseph B. Neville in Capt. Terney's company, Michael Dickson in Capt. Burton's company and Capt. Powers' company, Joshua Williams in Capt. Ross's company and Hamlin Manly in Capt. Kendall's company for the present year.

 

Ordered by the Court that Robert Cooper be allowed three dollars for furnishing the Court with house, room and board last term, to be paid by the Trustee out of any monies in his hands not otherwise appropriated.

 

[Ordered] by the Court that the commissioners for letting [the jail] be allowed $4.50 [for] their services, to be paid by the Trustee out [of any monies] in his hands not otherwise appropriated.

 

(p. 43)

Silas Vinson     )

vs.                     )  Mackey McNatt proves seven days attendance since the commencement.

Samuel Luton  )

 

Deed of conveyance, John Smith to William Haggard for 166 2/3 acres of land was proven in open Court by the oaths of William King and John Scarborough, subscribing witnesses thereto, and ordered to be registered.

 

Deed of conveyance, Isaac Shelby to Abel Olive for [428 acres] of land was proven in open Court by the oath of  [Edward] McDonald and Jose Olive, subscribing witnesses thereto, and ordered to be registered.

 

Deed of conveyance, Sterling May to Clements and Hyde for 267 acres was proven in open Court by the oath of Thomas Almond and Robert W. Ellison, subscribing witnesses thereto, and ordered to be registered.

 

Deed of conveyance, Clements and Hyde to Robert W. Ellison for 267 acres was proven in open Court by the oath of George Petty and Philip Hornberger, and ordered to be registered.

 

Deed of conveyance, Clements and Hyde to Robert W. Ellison for 267 acres was proven in open Court by the oath of George Petty and Philip Hornberger, and ordered to be registered.

 

Ordered by the Court that William Outlaw be appointed overseer of the road that leads from Dover to... to the 4 mile post, and all the hands on... work under him.

 

Ordered that the County Trustee pay ... $15 for running the line between Stewart and Montgomery County.

 

(p. 44)

Ordered that David Gray be appointed overseer of the road leading from the Dover road at the school house and by the wolf pen on the old path to Bradford's ferry at the North Cross Creek, and Daniel Cato, John Randle, Wilson Randle, William Gray, Adam Milam, John Milam, Benjamin Downs, George Martin hands work on the said road.

 

Deed of relinquishment, Thomas Forbess to Walter Guild for 100 acres of land was proven in open Court by the oath of Joel Yarborough and James Tagert, subscribing witnesses thereto

 

Court adjourned until tomorrow morning, 10 o'clock.

 

Tuesday, April 25th, 1809

 

Court met according to adjournment, present John Williams, Charles Polk and Joseph B. Neville, John Chambers and George Petty, Esqrs.

 

Buchanan  )

vs.                    )  Appeal

….Vinson       )

On motion of the plaintiff by his [attorney] to award a certiorari to bring up the record [in this] case, it is ordered by the Court that ... issue accordingly, returnable instanter.

 

Ordered that James McGee be exonerated from [serving] this term as a juror.

 

(p. 45)

Samuel Vance and John Bradley,                        )

surviving partners of Vance, King and Bradley  )

vs.                                                                          )

Abraham Robertson and William Harris            )

The Constable or Deputy Sheriff in this case returns that, for want of goods and chattels, he [levied] the execution 25 acres of land on Trace Creek, it is therefore ordered by the Court that a writ of venditioni [exponas issue], commanding the Sheriff to sell said land to satisfy [said debt and costs].

 

James Hays, admr.              )  Original attachment

vs.                                        )  Present Joshua Williams, Charles Polk, Joseph B. Neville and

The heirs of Thomas Hays  )  Hamlin Manly, Esqr.

                        Jury

Isaac H. Ward, Bryant Oneal, William Hornberger, Lemuel Smith, Benjamin Bradford, Hiram Warnock, Atherington Rochelle, James Lee, John Acree, Jesse Gilbert, Silas Vinson, Kenneth McKea, who being elected, tried and sworn the truth to speak on the inquiry and damages in the suit, upon their oaths do say they assess the plaintiff's damages by reason of the nonperformance of the assumptions in the declaration mentioned, to four hundred forty-nine dollars and nine and a half cents besides his costs about his suit in this behalf expended.

It is therefore considered by the Court that the plaintiff recover against the said defendant the said sum of four hundred forty-nine dollars and nine and a half cents and costs in manner and form as assessed by the jury.

 

Assignment of an occupant claim from John Chambers, assignee of Richard Martin, to Jeremiah Lewis was proven in open Court by the oath of James Tagert and Zachariah Oneal, subscribing witnesses thereto.

 

(p. 46)

William Turner  )

vs.                        )

William Harris   )

The Constable or deputy Sheriff returns that he has, for want of goods and chattels, levied the execution on 25 acres of land on Trace Creek.  Ordered by the Court that a writ of venditioni exponas issue, commanding the Sheriff to sell said lands to satisfy said debt and costs.

 

William Turner    )

vs.                          )

Thomas Allmond  )

The Constable or deputy Sheriff returns that he has, for want of goods and chattels, levied the execution on 100 acres of land at the mouth of Wells Creek.  Ordered by the Court that a writ of venditioni exponas issue, commanding the Sheriff to sell said lands to satisfy said debt and costs.

 

Same  )

vs.      )   Same order as above.

Same  )

 

William Terril Lewis             )

vs.                                           )  Judicial Attachment

The heirs of William Tyrrel  )

Hayden Wells, being summoned as a garnishee and sworn, says that there is a tract of land in Montgomery County on the waters of the Little West Fork of Red River adjoining the state line which he believes belongs to said defendant.

Hayden Wells proves two days attendance in this case and 76 miles traveling and two ferriages and one across Red River.

 

Ordered by the Court that Thomas Ross and Nathan Ross have leave to build a mill on their land on the Saline Creek, agreeable to a petition exhibited here this term.

 

Power of attorney, Jesse Hutchins to Jesse Denson was proven in open Court by the oath of John Chambers, subscribing witness thereto, and ordered to be registered.

 

(p. 47)

Ordered by the Court that the taxes for contingent expenses for the present year be equal to the State tax on each [species] of property where the law admits of it, and as high as the law allows on all other property.

 

Assignment of an occupant claim, Lewis Cormack to Henry Jackson for 100 acres was proven in open Court by the oath of James Tagert and Philip Hornberger, subscribing witnesses thereto.

 

William Outlaw’s lessee  )  Ejectment

vs.                                     )  Present Hamlin Manly, Joshua Williams, Charles Polk, Joseph B. Neville and

Joseph Smith                    )  George Petty, Esqr.

                        Jury

Henry Pugh, Yancey Thornton, Benjamin Edwards, Simon Fletcher, William Cooley, Samuel ..., Asa Atkins, Drury Bird, Samuel Norrod, George Cathey, Charles Robertson, John Jones, who being elected tried and sworn the truth to speak upon the issue joined, upon their oath do say that the defendant is guilty of the trespass and ejectment in the declaration mentioned as the plaintiff in declaring have alleged, and assess the plaintiff's damages by reason thereof to one cent.

It is therefore considered by the Court that the plaintiff recover against the defendant's term yet to come of, and in the premises in the declaration mentioned, together with his damages aforesaid in form aforesaid assessed and his costs by him about his suit in this behalf expended, and on the prayer of the plaintiff a writ of possession is awarded him, returnable here next term.

 

(p. 48)

Silas Vinson    )  Case

vs.                    )  Present Joshua Williams, George Petty, Charles Polk, Hamlin Manly, John Chambers,

Samuel Luton  )  James Tagert & Joseph B. Neville, Esqr.

            Jury

Bryant Oneal, Benjamin Bradford, William Hornberger, Lemuel Smith, Jacob McCarthy, Hiram Warnock, Kenneth McKee, Atherington Rochelle, James Lee, John  Acree, Jesse Gilbert, Frederick Smith, Isaac Brunson.  Continued on affidavit of the plaintiff.

 

Ordered by the Court that James Haggard be exonerated from paying for two strays, a mare and a horse, taken up by him, which appears to the satisfaction of the Court that they had strayed away from him or have been drowned in the back waters.

 

Ordered by the Court that Yancey Thornton and Elijah Lowry be appointed to settle with Gause Brinson, the former guardian of Drury Brinson, and make return to next Court.

 

On motion of James Haggard by his attorney for a road to be viewed and laid off from his ferry up Cumberland River on the North side on towards Clarksville, through the lands of William Outlaw, approved by the said William Outlaw's attorney, after argument being heard on both sides, it is ordered by the Court (present James Tagert, John Chambers, Hamlin Manly and Charles Polk, Esqr.) that William Cooley, William Pearce, George Petty, Joseph Gray, Thomas French, John Scarborough and Thomas Clinton view and mark said road and make return to next Court.

 

(p. 49)

Ordered by the Court that the Clerk advertise that the Court will, on the second day of next term, take up County business, and on the third day of said term, State business.

 

Ordered that the road from Bradford's ferry towards Blooming Grove be altered, agreeable to the way it has been opened by William Curl, overseer of said road.

 

Jesse Gernigan      )  Debt

vs.                           )  Present Joshua Williams, Hamlin Manly, George Petty, James Tagert and

Abraham Davison  )  Joseph B. Neville, Esqr.

The defendant in this case relinquishing his former plea does not deny that he owes the plaintiff the sum of fifty-six dollars sixty and one-half cents of the debt in the declaration mentioned.  Therefore it is considered by the Court that the plaintiff recover against the said defendant the said sum of $56.60 1/2 cents, besides his costs by him about his suit in this behalf expended.

 

Vance, King & Bradley  )

vs.                                     )

Abraham Davidson          )

The death of William King, one of the plaintiffs, is suggested to the Court by the plaintiffs’ attorney.

 

Vance, King & Bradley  )

vs.                                     )

William Lyons                 )

The death of William King, one of the plaintiffs, is suggested to the Court by the plaintiffs’ attorney.

 

Vance, King & Bradley  )

vs.                                     )

William Davidson           )

The death of William King, one of the plaintiffs, is suggested to the Court by the plaintiffs’ attorney.

 

(p. 50)

McClure & Elder     )

vs.                             )  Debt

Benjamin Edwards  )

The defendant in this case comes into Court and confesses judgment for the sum of $104.09 and $8.25 damages besides costs. Execution stayed by order of the plaintiff six months, by the defendant giving Henry Gibson and Joseph Gray Jr. special bail.

 

Ordered by the Court that the tax for district jail be laid as high as the law admits on each species of property.

 

Ordered by the Court that John Jones, William Pryor, William Brewer, William Haynes, George Bruton, Ephraim Gatlin, Richard Gatlin, Cornelius Anderson, Nathan Ross, William Hubbard, William Lyndsey, William Randle, William Dunbar, James Dunbar, Robert W. Ellison, James Wyatt Sr., Rowland Milam, Stephen Raynes, Lewis Brock, Nathaniel Denson, Thomas Boyt, John Alston, John H. Burton, Henry Jackson, David Jackson, James Miller, Joseph McCarthy, Thomas Ross, John Manner, William Wallace, Henry Gibson, John Hanley, Paul Howell, Charles Pistole, David Hogan, Thomas Randle, Elisha Simpson, Adam Smith, Daniel Lewis be summoned to attend here next term to serve as Grand and Petit jurors.

 

Court adjourned until tomorrow morning, 10 o'clock.

 

(p. 51)

                        Wednesday, April 26th, 1809

 

Court met according to adjournment, present Joseph B. Neville, John Chambers, Joshua Williams, Esqr.

 

In both the cases of James Scarborough Sr. vs. William Outlaw, it is, by the consent of the parties, and ordered by the Court that these cases be submitted to the final award and determination of Robert Cooper, George Petty, William Cooley, Thomas Clinton and Wilson Randle, whose award it is agreed shall be the judgment of the Court, to be returned here next term.

 

Aaron Fletcher       )  Debt - $640

vs.                           )  Present Joshua Williams, Joseph B. Neville & Charles Polk, Esqr.

William Davidson  )

This day came the parties by their attorneys and thereon also came a jury, to wit: Samuel A. Smith, Lemuel Smith, Hiram Warnock, Atherington Rochelle, James Lee, Jesse Gilbert, George Cathey Sr., Hilkiah Weatherford, Benjamin Edwards, Isaac Brunson, Jacob McCarthy, Asa Atkins, who being elected, tried and sworn the truth to speak upon the issue joined, retired to consider of their verdict and after a while came back into Court and say they have not agreed in their verdict. It is therefore ordered by the Court, by consent of the parties, that the said cause and jury be adjourned until tomorrow morning, eight o'clock.

 

(p. 52)

Deed of conveyance, John Cocke, Sheriff of Montgomery County, to Daniel Lewis for 274 acres of land was acknowledged in open Court by said John Cocke and ordered to be registered.

 

Be it remembered that William Harris personally came into Court and acknowledged himself to owe to the State the sum of $250 to be levied of his goods and chattels lands and tenements for the use of the State, but to be void on condition that he shall appear here at next term to prosecute in behalf of the State a bill of indictment against Benjamin Silmon, John Silmon and Littleberry Stone for an assault and battery.

Acknowledged in open Court                                                                          William Harris

April sessions 1809     R. Cooper, C. S. C.

 

Deed of conveyance, William Curl to Richard Thomason for 50 acres of land was proven in open Court by the oath of Asa Atkins and Samuel A. Smith, subscribing witnesses thereto, and ordered to be registered.

 

Deed of conveyance, James Moore to Alexander Walker for 320 acres of land was acknowledged in open Court by the said James Moore and ordered to be registered.

 

Deed of conveyance, Jesse Denson to Alexander Walker for 320 acres of land was acknowledged in open Court by the said Jesse Denson and ordered to be registered.

 

Ordered by the Court that Henry Hyde have leave to return 640 acres of land for the year 1808 and be exonerated from double tax.

 

(p. 53)

Aaron Fletcher       )

vs.                            ) 

William Davidson  ) 

John Cocke, a witness in this case, proves three days attendance and 68 miles traveling to and from Court, and two ferriages.

 

Jesse Denson comes into Court, present Joshua Williams, William Outlaw, John Chambers, Charles Polk, George Petty, James Tagert and Joseph B. Neville Esqr., and prays the Court to admit a list of insolvencies and lands twice given in for 1808 as exhibited by him, viz., James Warnock 640 acres, John McNairy 1000, Jesse Rhymes 640, Elijah Lancaster 1330, David Rowland 100, Lewis Cormack 100 & 1 white poll, Warren Faulkner 100 acres, Peter Buchanan and Mary Brinson 268 acres and three black polls, thirty-four white polls and 6782 acres of lands, and for 1807, 940 acres that would not sell for taxes and costs.  It is therefore ordered by the Court that he be exonerated from paying the taxes on said lands and other property as before stated.

 

James Tagert returns the division of the lands of Thomas Smith deceased among the devisees of said Smith.

 

Court adjourned until tomorrow morning, eight o'clock, to meet at Robert Cooper's dwelling house.

 

(p. 54)

                        Thursday, April 27th, 1809

 

Court met at the house of Robert Cooper, agreeable to adjournment. Present Joshua Williams, Joseph B. Neville, Charles Polk and George Petty, Esqr.

 

Aaron Fletcher       )

vs.                            )  Debt - $640

William Davidson  ) 

The jury impaneled and sworn yesterday in this case and adjourned until today came into Court, and upon their oath do say they find the issues for the plaintiff in the sum of $640, the debt in the declaration mentioned, and assess his damages by reason of the detention of the same to $38.40 besides his costs.

 

State               )  Indictment for Extortion

vs.                   )  Present Joshua Williams, Charles Polk, James Tagert and Joseph B. Neville, Esqr.

Jesse Denson  ) 

This day came the parties by their attorneys, and on motion of the defendant for a continuance, affidavit having been made, after argument of counsel being heard on both sides it is ordered by the Court that the motion be overruled.  Thereupon also came a jury, to wit: Bryant Oneal, Benjamin Edwards, Lemuel Smith, Hiram Warnock, Atherington Rochelle, James Lee, Jesse Gilbert, Hilkiah Weatherford, Isaac Brunson, George Cathey, James Cook and Lewis Cormack. The defendant by his attorney enters a plea of misnomer and says his name is Jesse Denson and not Jesse Dinson, to which the attorney for the State demurs and the defendant joins in demurrer.

 

(p. 55)

Be it remembered that William Cooper personally came into Court and acknowledged himself indebted to the State in the sum of $250, to be levied of his goods and chattels lands and tenements for the use of the State, but to be void on condition that he shall make his personal appearance at our next Court to be held for the County of Stewart at the courthouse in the town of Dover on the fourth Monday in July next, on the third day of said term, to prosecute in behalf of the State several indictments against R. Cooper for assault and battery etc.                                                                         Wm. Cooper

 

The Grand jury appeared in Court and there appearing to be no further business for them, they are dismissed from further attendance this term.

 

State                     )

vs.                        )  Indictment for A&B

Joshua Williams  )

The defendant comes into Court and submits to the mercy of the Court, whereupon it is considered by the Court that he be fined 6 1/4 cents.

 

State                            )

vs.                                )  Indictment for A&B

William Hornberger  )

By consent of the parties it is ordered by the Court that this cause be continued.

 

State                         )

vs.                             )  Indictment for A&B

Joshua Williams Jr. )

This day came ... and enters his ...  Thereupon came a jury, to wit: Bryant Oneal, Benjamin Edwards, Lemuel Smith, Hiram Warnock, Atherington Rochelle, James Lee, Jesse Gilbert, Hilkiah Weatherford, Isaac Brunson, Dorrel Young, George Cathey, Lewis Cormack, who being selected tried and sworn (p. 56) upon the issues joined (the defendant being charged pleads not guilty), the jury retired to consider of their verdict and returned into Court and say they find the defendant guilty of the assault and battery as charged in the bill of indictment.  Thereupon it is considered by the Court that he be fined one cent and pay costs etc.

 

Nimrod Crosswell  )

vs.                            )  Case

William Outlaw      )

This day came the plaintiff in proper person and dismisses the suit and assumes the costs.

Anderson Andrews, a witness in this case, proves … days attendance as a witness in behalf of the State.

 

Mary Ritchie comes into Court and enters her dissent to the paper purporting to be the last will and testament of James Ritchie deceased.

 

Aaron Fletcher, a Constable, proves four days attendance this term on the Grand Jury.

 

The motion of Clements & Hyde against Elijah Rushing … Constable, postponed on Monday.  Present Joseph B. Neville, Charles Polk & William Outlaw, Esqrs.  After argument of counsel on both sides, it is considered by the Court that the plaintiffs recover against said Elijah Rushing, and Philip Hornberger and William Hornberger his securities in his Constable’s bond, the sum of forty dollars, sixty-eight & one half cents, with interest from the 21st day of January 1809, and all costs accrued thereon said sum, including the amount of a judgment & execution obtained before Elijah Lowry Esqr. in favor of said Clements & Hyde and against Malachi Lewis, which said execution came to the hands of said Elijah Rushing and was not returned agreeable to law.  (p. 57)  Ordered that execution issue … defendant’s attorney enters a motion…

 

Court adjourned until tomorrow morning, … o’clock, to meet at the same place.

 

                        Friday, April 28th, 1809

 

Court met according to adjournment, present Joshua Williams, William Outlaw and Charles Polk, Esqrs.

 

Ordered by the Court that Philip Lewis be appointed overseer of the road from Cross Creek to Hornberger’s …, and all the hands east of Cross Creek and … fork of Elk Creek work on the same.

 

Ordered that Samuel Smith be appointed overseer … from Hornberger’s gin to Guices Creek ridge…east of the settlement of main…of Wells Creek work under him.

 

…attorney enters a motion…Elijah Rushing

 

…five days attendance…

 

…William Haynes be fined…for contempt to the Court and committed until paid.  Ordered by the Court that the said fine be reduced to twelve and a half cents.

            R. Cooper, clk.                                                            Thomas Clinton

                                                                                    William Outlaw

                                                                                    George Petty

 

(p. 58)

…ordered to be tried for a re-examination…be the last will and testament of James Ritchie…said paper be his will or not…Joshua Williams, Charles Polk and William …Thereupon came a jury, to wit: Lemuel Smith, Hiram Warnock, Atherington Rochelle, [Dorrel] Young, Bryant Oneal, George Cathey, James …, …Turpan and Faulkner Elliott, who being…and sworn the truth to speak, upon the issues…upon their oath do say the paper produced…was not proven to them to be the will of James Ritchie deceased.  On motion, ordered by the Court that Mary Ritchie, Thomas Clinton and William Cooley have letters of administration on [the estate of] James Ritchie deceased, they giving bond and [security in] the sum of fifteen hundred dollars for…administering bond given accordingly…

 

Deed of conveyance, William Curl to William…acres of land was acknowledged in open …Curl and ordered to be registered.

 

The administrators of …and returns an…

 

Nimrod Crosswell  )

vs.                            )  $640 debt

William Outlaw      )

& …. Davidson      )

The plaintiff…an agreement…opinion of the Court that the…plaintiff’s demurrer to the…is sufficient in law to bar the …plea, and that the demurrer is sustained.  And that the plaintiff recover against the defendant the sum of 640 dollars, the …in the declaration mentioned, and $38.40 damages by reason of the detention thereof besides his costs about his suit in this behalf expended.  An appeal is prayed by the defendant’s attorney to the next Superior Court of Law for the District of Robertson.

 

(p. 59)

[Faulkner] Elliott  )

vs.                          )  Slander

[Aaron] Fletcher  )

Robert Searcy, a witness for…proves three days attendance this term and…miles traveling, in coming & returning from Court and …ferriages.

Huling, a witness in this case, proves five [days] attendance this term and 70 miles traveling [and] four ferriages.

 

Court adjourned until tomorrow morning, nine o’clock.

 

                        Saturday, April 29th, 1809

 

[Court met] according to adjournment.  Present Thomas [Clinton, George] Petty and William Outlaw, Esqr.

 

…Isaac H. Ward proves 13 days…attendance as a witness in this case.

 

…Joshua Williams, by his attorney, … motion for a new trial…

 

[rest of page missing]

 

(p. 60)

Ordered that William Pryor be appointed overseer [of the] road in the room of William Haynes, and all [the] hands in said Haynes’ bounds work under him.

 

State                     )

vs.                        )  Indictment for assault & battery committed on William Cooper

Joshua Williams  )

Aaron Fletcher, a witness in behalf of…proves two days attendance.

 

Faulkner Elliott      )

vs.                           )  Slander

William Davidson  )

Thomas French, a [witness in this] case, proves seven days attendance since…the suit & four ferriages.

 

Isaac Brunson           )

vs.                             )  Ejectment

William M. Cooley  )

Thomas…case, proves five days attendance…ferriages.

 

Executors of Thomas Smith  )

vs.                                           )

Outlaw & Pryor                    )

 

[rest of page missing]

 

(p. 61)

At a Court began and held for the County of Stewart at the Court house in the town of Dover on Monday the 24th day of July 1809.  Present George Petty, John Chambers and Elijah Lowry, Esqr., William Outlaw, Esqr.

                        Grand Jury

Nathan Ross, foreman

Cornelius Anderson, Charles Pistole, Lewis Brock, William Wallace, William Hubbard, John Manning, Joseph McCarthy, Ephraim Gatlin, David Jackson, William Lyndsey, Henry Jackson, Rowland Milam, ...Smith, John Hanby, who being elected him paneled sworn and charged, retired.

 

Joseph B. Neville Esqr. returns the tax list of Capt. ... Company for the present year.

 

Deed of conveyance, Silas Vinson to John Jones for 5 acres of land was acknowledged in open Court by the said Silas Vinson and ordered to be registered.

 

Deed of conveyance, Samuel Hall to Thomas Vincent was proven in open Court by the oath of George Vincent, Feril Vincent, subscribing witnesses thereto and ordered to be registered.

 

Deed of gift, Richard Taylor to Mary Stokes, Patsy Stokes and Betsy Stokes was acknowledged in open Court and ordered to be registered.

 

Deed of conveyance, Isaac Gatlin to Enos Outland was proven in open Court by the oath of Silas Vinson, one of the subscribing witnesses thereto.

 

(p. 62)

Jacob Donaldson personally came into Court and produced a certificate from the Clerk of Logan County Kentucky purporting that he was appointed by said Court guardian to Ransom Elliott and Rachel Elliott, infant heirs of Lewis Elliott deceased, which was ordered to be recorded.

 

On motion of Mr. Russell for the Court to take into consideration the situation of the Register's office and whether the same is vacant, postponed for argument until tomorrow.

 

Vance & Bradley, surviving partners of  )

Vance, King & Bradley                           )  Debt

vs.                                                              )  George Petty, John Chambers, Charles Polk, Esqr.

William Lyons                                          )

This day came the parties by their attorneys and thereupon also came a jury, to wit:  ..., John H. Burton, John Jones, Daniel Lewis, ... Randle, William Brewer, Thomas Boyt, Alexander ..., ... Randle, Nathaniel Denson, William ..., ... Dunbar, who being elected tried and sworn the truth to speak upon the issues joined, upon their oath do say they find for the plaintiff the sum of eighty-two dollars nineteen and one-half cents, the debt in the declaration mentioned, and assess his damages by reason of the detention of the same to seven dollars seventy-one cents and six mills.  Whereupon it is considered by the Court that the plaintiffs recover against the defendants the said sum of eighty-two dollars nineteen and one-half cents with seven dollars seventy-one cents costs and damages in manner and form as assessed by the jury, besides his costs in this behalf expended.

Execution to issue only for costs.

 

(p. 63)

Transfer of plat and certificate of survey, Michael Santee to George Poyzer or for 258 acres of land and 70 poles, and the warrant, also transfer of another plat and certificate of survey from the said Michael Santee to the said George Poyzer for 120 acres and the warrant laid on the same, was proven in open Court by the oath of Henry Minor and Nathan Skinner, subscribing witnesses thereto, and ordered to be registered.

 

Deed of conveyance, William Moore to Tapley Maddox, was proven in open Court by the oath of James Tagert and William Mayberry, subscribing witnesses thereto, and ordered to be registered.

 

Ordered that Yancey Thornton and Elijah Lowry settle with Gause Brinson, late guardian for Drury Brinson, and make return to next Court.

 

Bill of sale, Rhoda Hall to James Dunbar for Negroes ... was proven in open Court by the oath of William Dunbar and Philip Hall, subscribing witnesses thereto, and ordered to be registered.

 

Ordered that Joseph McCarthy be appointed overseer of the road in the room of James Gatlin, from the 5 mile post to Whitford's fork of Barrett's Creek, and the same hands work under him.

 

Court adjourned until tomorrow morning, nine o'clock.

 

(p. 64)

Tuesday, July 25th, 1809

 

Court met according to adjournment present William Outlaw, Joshua Williams and Tapley Maddox, Charles Polk and John Warden Esqr., James Tagert.

 

Henry Cannon   )

vs.                       )

Edward Turner  )

By consent of the parties it is ordered that a dedimus issue to take the deposition of witnesses in the State of North Carolina, giving the adverse party 30 days’ notice of the time and place of taking them.

 

Ordered that William Wallace be appointed overseer of the road from Wallace's mill on the Saline Creek to William Cooley's, and the hands of Nathan Ross, John Brown, Henry Pugh, William Cherry, John Lyndsey, Henry ..., Peter Brunson, Hampton Rees, Jesse Stancil work under him.

 

On Mr. Russell's motion for considering the situation of the Register's office and decide whether the same to be vacant or not, postponed yesterday for arguments today, after argument on both sides of the question it is declared that it is their opinion that the said office is not vacant, but that Thomas Clinton is the legal Register.

 

John Chambers, Esqr. returns the tax list of Capt. … Company for the present year.

 

Reuben Elliott             )

vs.                                )  Detinue

Hilkiah Weatherford  )

By consent of the parties in this case, the matters in controversy between the parties is left to the award and determination of James Tagert, Elijah Lowry, Thomas French and Tapley Maddox, and such other fifth person as they choose, and that their award be the judgment of the Court, and it is ordered accordingly and by consent of parties by their attorneys it is ordered by the Court that the deposition of Thomas Turner to be read as evidence, giving the adverse party five days’ notice.

 

(p. 65)

On motion ordered by the Court that Michael Dickson Esqr. Receive the lists of taxable property in Capt. Burton's company and Capt. Powers company for the present year, and return the same to the Clerk in 25 days after the adjournment of this Court.

 

Deed of conveyance, Henry Small, Sheriff, to Hezekiah Rory for 274 acres of land was proven in open Court by the oath of Alexander McCauley and Samuel A. Smith, subscribing witnesses thereto, and ordered to be registered.

 

Thomas Clinton returns the tax list of Capt. Outlaw's company for the present year.

 

Ordered that John Nichols have leave to return two tracts of 640 acres each for taxes for the year 1808 and that he be exonerated from paying double tax.

 

Ordered by the Court that Isaac Shelby have leave to return 428 acres of land for taxation for 1808 and he be exonerated from paying double tax.

 

Ordered by the Court that William Wallace have leave to [erect] two gates across the public road (at his farm) leading from Dover to Christian and he have leave to turn the said road [after] leaving his house, and open the same at his own expense, [leaving] the old way open until the new one is received by convenience.

 

Henry Pugh came into Court and took the oaths of office as a Justice of the Peace, agreeable to a commission directed to said County.

 

Personally came into Court Hayden Wells and acknowledged the execution of a deed of conveyance to John Arrington for 100 acres of land, ordered to be registered.

 

(p. 66)

Faulkner Elliott  )  Slander

vs.                       )  Present James Tagert, Tapley Maddox, Charles Polk, John Chambers, Henry Pugh,

Aaron Fletcher   ) William Outlaw, Esqr.

This day came the parties by their attorneys, and on motion of the defendant by his attorney for a continuance, affidavit having been made, after agreement being heard it is ordered by the Court that this cause be continued.

 

Ordered by the Court that Jacob McCarthy, John Kizer and Thomas Smith be appointed inspectors of the election at Roslin, and John Chambers and Asa Lanier clerks at Dover, Henry Pugh, William Pearce and George Petty inspectors and Henry Gibson and Duncan McRae clerks.

 

Joseph Gray Jr.    )  Trespass on the case

vs.                         )  Present James Tagert, Charles Polk, John Chambers, George Petty and Henry Pugh,

Zachariah Wyatt  )  Esqr.

By consent of the parties it is ordered by the Court that the matters in controversy between the parties be submitted to the final award and determination of John Chambers, Jesse Denson, Phillip Hornberger, Yancey Thornton and Jacob McCarthy, and that their award shall be the judgment of the Court.

 

Ordered by the Court that the Clerk advertise that the Court will transact County business on the fourth day of next term and State business on the fifth day of said term.

 

Joshua Williams Esqr. Returns the tax list of Capt. Ross's company for the present year.

 

(p. 67)

Personally came into Court Hayden Wells and acknowledged the execution of a deed of conveyance to Zachariah Ratliffe for 264 acres of land, which was ordered to be registered.

 

Deed of conveyance, Green Hill to Ezekiah Rorie for 108 acres was proven in open Court by the oath of Joshua Williams Sr. and Joel Williams, subscribing witnesses thereto, and ordered to be registered.

 

Deed of conveyance, Thomas Herod to Elijah Curtis for 100 acres was proven in open Court of the oath of Samuel Curtis and Nathaniel Curtis, subscribing witnesses thereto, and ordered to be registered.

 

Deed of conveyance, Hayden Wells to Samuel Curtis Jr. for 150 acres of land was acknowledged in open Court by the said Hayden Wells and ordered to be registered.

 

Deed of conveyance, Hendley Stone to Samuel Curtis Sr. was proven in open Court by the oath of Samuel Curtis and Nathaniel Curtis, subscribing witnesses thereto, and ordered to be registered.

 

Deed of conveyance, Thomas Almond to Samuel Curtis for 119 acres was proven in open Court by the oath of James Tagert and Daniel Curtis, subscribing witnesses thereto, and ordered to be registered.

 

Deed of conveyance, Reuben Elliott to Samuel Curtis for 100 acres was proven in open Court by the oath of William Curtis and Daniel Curtis, subscribing witnesses thereto, and ordered to be registered.

 

Hamlin Manly Esqr. returns the tax list of Capt. Kendall's company for the present year.

 

(p. 68)

Silas Vinson     )  Case – Damage $200

vs.                     )  Present James Tagert, Charles Polk, John Chambers, George Petty & Henry Pugh, Esqr.

Samuel Luton  )

This day came the parties by their attorneys and thereupon also came a jury, to wit: John Alston, John H. Burton, Daniel Lewis, Thomas Randle, Thomas Boyt, William Randle, Nathaniel Denson, James Dunbar, James Wyatt, Thomas French, Philip Hornberger, and Paul Howell, who being elected tried and sworn the truth to speak upon the inquiry and damages awarded in the suit, upon their oath do say they assess the plaintiff's damages, by reason of the nonperformance of the assumptions in the declaration mentioned, to $55 besides his costs about his suit in this behalf expended.

Whereupon it is considered by the Court that the plaintiff recover against the said defendants in manner and form as assessed by the jury. And the defendant by his attorney enters a motion for a new trial.

On motion of the defendant, ordered that the plaintiff paid 2 witnesses, McNatt and Samuel Dorrity.

 

Thomas Smith’s executor                   )

vs.                                                        )  Debt

William Outlaw and William Pryor  )

This day came the parties by their attorneys, and thereupon also came a jury, to wit: Jesse Rasco, John Scarborough, William Haynes, William Brewer, John Jones, Faulkner Elliott, Isaac Brunson, John Petty, Dorrel Young, Isaac McKinney and Robert Walker and Enoch Mashburn, who being elected tried and sworn the truth to speak upon the issues joined, upon their oaths do say they find for the plaintiff the sum of $94, part of the debt in the declaration mentioned, and assess the plaintiff's damages by reason of the detention of the same to $10.52. Whereupon it is considered by the Court that the plaintiff recover against the said defendant in manner and form as assessed by the jury.

 

(p. 69)

Personally came into open Court, William Curl, late Sheriff, and acknowledged the execution of a deed of conveyance to Alexander Walker for 1000 acres of land, which was ordered to be registered.

 

Ordered by the Court that the Sheriff summon Thomas Smith, Nathaniel Denson, William Haggard, Charles Polk, William Outlaw, George Petty and James Tagert to attend the next Superior Court as jurors in behalf of this County.

 

Ordered by the Court that William Moore be appointed overseer of the road from Bradford's ferry to McCarthy's ferry, and that the hands of James Dunbar, William Dunbar, Philip Hall, Mann Phillips, William Randle, John Grimes, Henry Randle, Chatly Purvice, Walter Brown, John Gaston, William Lyons, Tapley Maddox, James Hamlet and Alsey Bradford work under him.

 

James Scarborough Sr.  )

vs.                                    )  Case, Damages $500

William Outlaw              )

This day came the parties by their attorneys and on motion of the defendant by his attorney for a continuance, after argument of counsel on both sides it is ordered by the Court that this cause be continued.

 

On motion and by consent of Charles Robertson, Jesse Denson is appointed guardian to William Robertson, El... Robertson and Abel Robertson, infant children of the said Charles Robertson, who came into Court and entered into bond in the sum of $1000 for the faithful execution of his said guardianship, with John Chambers and Dorrel Young securities.

 

(p. 70)

Vance & Bradley     )

vs.                             )

Abraham Davidson  )

The defendant in this case relinquishing his previous plea does not deny that he owes the plaintiff the sum of $82.73 3/4 cents and $5.12 1/2 cents interest due thereon.  Therefore it is considered by the Court that the plaintiffs recover against the said defendant accordingly.

 

James Scarborough     )

vs.                                  )  Damages - $200

William Outlaw, Con.  )

This day came the parties by their attorneys and on motion of the defendant’s attorney for a continuance it is ordered by the Court that this cause be continued.

 

            Wednesday, July 26th, 1809

 

Court met according to adjournment, present Joshua Williams, George Petty and Tapley Maddox Esqr.

 

Vance & Bradley, surviving partners,  )  Debt

vs.                                                           )

John McCarthy                                     )

This day came the defendant and confesses judgment according to specialty.  The plaintiff agrees to stay the execution until the first day of January and each party pays half the costs.

 

James H. Russell         )  Certiorari

vs.                                )  Present William Outlaw, Tapley Maddox & Charles Polk.

Richard Yarborough  )

This day came the parties by their attorneys, and Thomas White being summoned as a garnishee and sworn saith he does not owe anything, nor has he any property nor knows of no debts or any property in the hands of any other person.  On motion of the plaintiff to introduce other testimony, the motion was overruled by the Court. Whereupon the plaintiff entered a motion for an appeal to the Superior Court.

 

(p. 71)

On motion of John Campbell by his attorney for a judgment against Wiley Whatley, former Constable, and his securities for not returning an execution in favor of John Campbell against Andrew Hamilton, ordered that a subpoena duces tecum issue to George Petty Esq., commanding him to produce to next Court the copy of the judgment rendered by him in favor of John Campbell against Andrew Hamilton and a memorandum to certify whether execution has issued thereon or not.

 

State                )  Indictment for extortion

vs.                   )  Present Joshua Williams, William Outlaw, Charles Polk, George Petty and

Jesse Denson  )  Tapley Maddox, Esqr. and Henry Pugh Esqr.

This day came the parties by their attorneys, and upon argument of the plaintiff's demurrer to the defendant's plea of misnomer in this case, it is considered by the Court that the demurrer be sustained and that the defendant answer over to the bill of indictment.  The bill of indictment being read to the defendant he pleads not guilty and of this he puts himself upon the County and the plaintiff likewise. And on motion of the defendant for a continuance, affidavit having been filed, after argument thereon it is ordered by the Court that this cause be continued.

 

Personally came Zachariah Wyatt into open Court and acknowledged a power of attorney to Asa Lanier for the purposes of making a deed to Isaac Lanier for 78 acres of land, and it is ordered to be registered.

 

(p. 72)

Assignment for transfer of a plat and certificate of survey, together with a land warrant on which the same is founded, by Henry Skinner to Nathan Skinner was proven in open Court by the oath of Edward McDonald and Burrell Lashley, subscribing witnesses thereto, and ordered to be certified.

 

State                            )  Indictment for A&B

vs.                                )  Present Charles Polk, Tapley Maddox, Joshua Williams, William Outlaw,

William Hornberger  )  Henry Pugh & John Warden and George Petty, Esqrs.

The indictment being read, the defendant by his attorney pleads not guilty.  Thereupon came a jury, to wit: John Alston, John H. Burton, Daniel Lewis, Thomas Randle, William Brewer, James Wyatt, Adam McGee, William Randle, Paul Howell, Jeremiah Norrod, Thomas Boyt, William Massey, who being elected tried and sworn the truth to speak upon the issues joined, upon their oath do say they find the defendant guilty of the assault and battery as charged in the bill of indictment. Whereupon it is ordered by the Court that he be fined two dollars and pay all costs.

 

Personally came into Court Gause Brinson and acknowledged a deed of conveyance to Henry Edwards for 60 acres of land, which was ordered to be registered.

 

Ordered by the Court that George Berry be allowed four dollars for two wolf scalps killed by him, to be paid by the Trustee out of the monies in his hands for that purpose.

 

Ordered by the Court that William Largent to be allowed the sum of two dollars to be paid by the Trustee for a wolf scalp, out of any monies in his hands for that purpose.

 

(p. 73)

State                  )

vs.                      )  Indictment for A&B

Robert Cooper  )  Fined on submission two dollars and to pay all costs.

 

State                  )

vs.                      )  Indictment for A&B

Robert Cooper  )  Fined on submission ten dollars and costs.

 

Ordered by the Court that William Haggard be appointed overseer of the streets of Dover in the room of John Scarborough.

 

State                  )

vs.                      )  Indictment for A&B

Robert Cooper  )  Fined on submission 6 ¼ cents and costs.

 

State                   )

vs.                       )  Indictment for A&B

Elisabeth Miller )  Fined on submission 2 dollars.

 

State                   )

vs.                       )  Fined on submission 8 dollars.

Elisabeth Miller )

 

On motion of Robert Cooper to mitigate a fine of ten dollars imposed on him today, present Thomas Clinton, John Warden, James Tagert, Tapley Maddox, George Petty, Charles Polk, Joshua Williams, Henry Pugh, William Outlaw, Esqr.  Ordered by the Court that the said fine be reduced to fifty cents.

 

(p. 74)

State                     )  Indictment for assault and battery

vs.                        )  Joshua Williams, Esq., Prosecutor

William Cooper  )

This day came the defendant and the bill of indictment being read to him, he pleads not guilty. Thereupon came a jury, to wit: Kenneth McRae, Andrew Cathey, John Petty, Loyd Lee, Isaac McKinney, Alexander Walker, Travis Moore, Henry King, Moses Brown, Martin Wells, James Newman, John Scarborough, who being elected tried and sworn the truth to speak upon the issues joined, upon their oath do say the defendant is not guilty of the assault and battery as charged in the indictment. It is therefore ordered by the Court that the defendant depart this Court without day and the prosecutor pay all costs.

 

Ordered by the Court that a commission issue to privately examine Susannah Pugh, whether she is willing to convey with her husband Henry Pugh, by deed, a tract of land in the State of North Carolina County of Hertford on Meherrin River, known by the name of the Meherrin Plantation, formerly the property of George Dunn, [the] father of the said Susannah, and that Joshua Williams Esqr. make the examination.

 

Ordered by the Court that James B. Reynolds be allowed the sum of twenty dollars, in full of past services as County Solicitor, to be paid by the Trustee out of any monies in his hands not otherwise appropriated.

 

Robert Jarman              )

vs.                                  )  Debt

Joshua Williams Esqr.  )

Thomas Clinton comes into Court and acknowledges himself Special Bail for the defendant and undertook for that if he shall be cast in the suit that he will pay & satisfy the judgment therein rendered, or surrender (p. 75) his body to the Sheriff of said County, or that he will pay and satisfy the same for him.

 

Ordered by the Court that Abner Pearce be appointed overseer of the road from the ferry opposite Dover to William Cooley's, and the hands of Thomas Stokes, William Pearce and Hezekiah Fentress, Maj. Gray's hands and Cooley's hands and Maj. Brunson's work under him and James Reynolds.

 

Ordered by the Court that John Aaron be appointed overseer of the road from William Cooley's up Dyers Creek to the Barrens, and all hands above Maj. Gray's on both sides of the Creek work under him.

 

State             )  Indictment for assault and battery

vs.                 )  Elisha Askew, Prosecutor

James Kean  )

Present William Outlaw, George Petty, Charles Polk, Esqr.  This day came the defendant by his attorney and a bill of indictment being read to him, enters a plea of misnomer and says his name is not James Kean but James Cain.  Upon argument by counsel being heard thereon, it is ordered by the Court that the plea be overruled and the defendant answer to the bill of indictment.  Thereupon the defendant being solemnly called came not, it is therefore ordered by the Court that his recognizance be forfeited and that writs of sci. fa. issue accordingly, returnable here next term.

 

Ephraim Gatlin who stands bound in a recognizance the sum of two hundred dollars for the personal appearance of James Kean here this term, being solemnly called to bring into Court the body of the said James Kean failed to do so. Whereupon it is considered by the Court that his recognizance be forfeited and that writs of sci. fa. issue accordingly, returnable here next term.

 

(p. 76)

State                 )  Indictment for Petit Larceny

vs.                     )  Present William Outlaw, Henry Pugh, George Petty and Charles Polk, Esqr.

John Williams  )

By consent of the parties by their attorneys, it is ordered by the Court that this cause be continued.

 

State                  )  Indictment for Assault & Battery

vs.                      )  Present William Outlaw, Charles Polk, Henry Pugh.

Aaron Fletcher  )

On motion of the attorney for the State, it is ordered by the Court that this cause be continued.

 

State                    )

vs.                        )  Indictment for Assault & Battery

William Outlaw  )  Present Henry Pugh, George Petty & Charles Polk, Esqr.

 

Court adjourned until tomorrow morning, seven o'clock.

 

            Thursday, July 27th, 1809

 

Court met according to adjournment, present Charles Polk, Tapley Maddox and George Petty, Esqr.

 

State                   )  Indictment for Assault & Battery

vs.                       )  William Outlaw, Prosecutor

Elisabeth Miller )

On motion of the defendant by her attorney to quash the indictment, for the want of due time being set forth in the indictment, upon argument of counsel on both sides it is ordered by the Court that the cause be continued on ... for further consideration until next term.

 

(p. 77)

State                    )  Indictment for Assault & Battery

vs.                        )  Joshua Williams, Prosecutor.

William Cooper  )

Present William Outlaw, George Petty, Charles Polk & Tapley Maddox, Esqr.

On motion of the prosecutor's counsel for to tax the defendant with the costs, motion overruled by the Court, and ordered that the prosecutor pay all costs.

 

State                    )  Indictment for Assault & Battery

vs.                        )  James Haggard, Prosecutor

William Outlaw  )  Present George Petty, John Warden & Charles Polk.

This day came the parties by their attorneys and thereupon also came a jury, to wit: Paul Howell, John H. Burton, John Jones, Daniel Lewis, Thomas Randle, William Randle, Thomas Boyt, William Brewer, Nathaniel Denson, James Wyatt and Martin Wells, John G. Fletcher, who being elected tried and sworn the truth to speak upon the issues joined, upon their oath do say the defendant is not guilty as charged in the bill of indictment. Whereupon it is ordered by the Court that the defendant depart this Court without day and the prosecutor pay all costs.

 

Aaron Fletcher proves three days attendance as a Constable attending the Grand Jury.

 

Ordered by the Court that Richard Cooley be appointed a Constable, who came into Court and gave bond with Joseph Gray Jr. and Henry Gibson securities, in the sum of one thousand dollars, for his faithful performance in office, and took the oath of office.

 

(p. 78)

Vance & Bradley, surviving partners,  )  Appeal

vs.                                                           )

Thomas Clinton                                     )

The death of William King, one of the partners, is suggested by the plaintiff's attorney.

The defendant in this case comes into Court and confesses judgment for the sum of twenty-nine dollars and sixty-eight cents. Whereupon it is considered by the Court that the plaintiffs recover against the said defendant the said sum of twenty-nine dollars and sixty-eight cents besides his costs about his suit in this behalf expended.

 

Ordered by the Court that the Sheriff summon Thomas Craig Sr., John McGill Sr., William James, William Bethea, John Seal, James Greer, Benjamin Bradford, David Bradford, John Graham on Wildcat, Capt. John Graham, James Cook, Yancey Thornton, William Lyons, John Gaston, Walter Brown, William McClure, Robert Jarman, William Teas, Isaiah Hamilton, Alexander Walker, Adam McGee, John Wofford, Samuel Luton, Nathan Skinner, John Jones, John Acree, Jesse Turpin, Joseph Smith, Hilkiah Weatherford, John Allen, Robert Walker, Isaac McKinney, Jeremiah Norrod, Bryant Oneal, Zachariah Oneal, Larry Satterfield, William Pearce, Alan Pruitt and Samuel Norrod to attend next term as Grand and Petit jurors.

 

James Haggard comes into Court and resigns his office as a Constable, accepted by the Court.

 

State                     )  Indictment for Assault & Battery

vs.                        )  Present George Petty, John Warden and Charles Polk, Esqr.

Joshua Williams  )

This day came the parties by their attorneys, and the defendant pleads not guilty, and thereupon came a jury, to wit: John Alston, Isaac H. Ward, Philip Hornberger, William Massey, Alexander Scarborough, Alan Pruitt, Thomas Ward, (p. 79) John Tomlinson, Dorrel Young, John Scarborough, James Scarborough, William Christian, who being elected tried and sworn the truth to speak upon the issues joined, upon their oath do say the defendant is not guilty of the assault and battery as charged in the bill of indictment. Whereupon it is ordered by the Court that the defendant depart this Court without day and the prosecutor pay all costs.

 

Charles W. Harrington  )  Appeal

vs.                                    )  Present George Petty, John Warden and Charles Polk & William Outlaw.

John Williams                 )

This day came the parties by their attorneys, and thereupon also came a jury, to wit: Paul Howell, John Jones, Daniel Lewis, Thomas Randle, William Randle, Thomas Boyt, William Brewer, Nathaniel Denson, James Wyatt, William Haynes, Andrew Cathey and Benjamin Williams, who being elected tried and sworn the truth to speak upon the issues joined, upon their oath do say the defendant does not owe any part of the debt he is charged with in this case. Whereupon it is considered by the Court that the defendant recover against the said plaintiff his costs about his defense in this behalf expended.

 

John Smith                      )  Case

vs.                                    )  Present George Petty, John Warden & Charles Polk, Esq.

Charles W. Harrington  )

This day came the parties by their attorneys, and thereupon also came a jury, to wit: Henry Gibson, John Alston, Abel Jackson, James Sexton, James Scarborough, William McGee, John Fletcher, John Brown, William Whitesides, Richard Cooley, (p. 80) John Scarborough and Martin Wells, who being elected tried and sworn the truth to speak upon the issues joined, the plaintiff being solemnly called came not. Whereupon it is considered by the Court that the defendant depart this Court without day and recover against the plaintiff his costs about his defense in this behalf expended. And the plaintiff by his attorney enters a motion to set the nonsuit aside.

 

Deed of conveyance, William Curl to William Travis for 640 acres of land, was acknowledged in open Court by the oath of the said William Curl and ordered to be registered.

 

Vance & Bradley  )

vs.                           )  Debt

William Pryor       )

This day came the defendant and confesses judgment according to specialty. Whereupon it is the judgment of the Court accordingly.

 

Aaron Fletcher surrenders here into Court the body of Sarah Williams in discharge of his security kept for her.

 

William Terril Lewis                )

vs.                                              )  Judicial Attachment

The heirs and Representatives  )

of William Tyrrel deceased     )

This day came the plaintiff by his attorney and the defendants being solemnly called came not. Wherefore it is considered by the Court that judgment by default be entered against them, and a writ of enquiry be awarded the plaintiff to enquire of his damages next term.

 

(p. 81)

John Denson          )  Appeal

vs.                           )  Present Thomas Clinton, William Outlaw and John Warden, Esqr.

Donald Campbell  )

This day came the parties by their attorneys, and thereupon also came a jury, to wit: Paul Howell, John H. Burton, John Jones, Daniel Lewis, Thomas Randle, William Randle, Thomas Boyt, William Brewer, James Wyatt, George Cathey, John Tomlinson and Alexander Walker, who being elected tried and sworn the truth to speak upon the issues joined, upon their oath do say they find for the plaintiff the sum of sixteen dollars besides his costs about his suit in this behalf expended. Whereupon it is considered by the Court that the plaintiff recover against the defendant in manner and form as assessed by the jury.

 

The Administrators of James Ritchie  )

vs.                                                         )

Sarah Williams                                    )

Personally came into Court Aaron Fletcher, Joseph Gray Jr. and William Haggard and acknowledged themselves special bail for the defendant, and undertook for her that if she be cast in the suit she will pay and satisfy the judgment of the Court thereon and costs, or they will pay and satisfy the same for her, or that she shall surrender her body into the hands of the Sheriff of this County either in Court or out of Court.

 

Robert Cooper    )

vs.                        )  Certiorari

William Cooper  )

This day came the parties by their attorneys, and by consent of the parties by their attorneys it is ordered by the Court that this cause be continued.

 

(p. 82)

Isaac McKinney      )  Appeal

vs.                            )  Present William Outlaw, John Warden and George Petty, Esqr.

Alexander Walker  )

This day came the parties by their attorneys and thereupon came a jury, to wit: Duncan McRae, John Alston, Henry Gibson, Allen Pruitt, Dorrel Young, William Massey, Martin Wells, Alexander Scarborough, Thomas Ward, James Scarborough, Philip Hornberger, Isaac H. Ward, who being elected tried and sworn the truth to speak upon the issues joined, upon their oath do say they find for the plaintiff the sum of eight dollars and fifty cents debt and nine dollars and sixty-five cents damages besides his costs about his suit in this behalf expended. Whereupon it is considered by the Court that the plaintiff recover against the said defendant in manner and form as assessed by the jury.

 

John White             )  Appeal

vs.                           )  Present William Outlaw, George Petty and John Warden.

William Haggard  )

This day came the parties by their attorneys, and thereupon also came a jury, to wit: Nathaniel Denson, John Scarborough, Larry Satterfield, Thomas McGee, John Cain, Kenneth McRae, ... Williams, William Whitesides, James Sexton, Benjamin Edwards, Abel Jackson and Isaac McKinney, who being elected tried and sworn the truth to speak upon the issues joined, upon their oath do say they find for the plaintiff the sum of seven dollars and fifty cents besides his costs about his suit in this behalf expended. Whereupon it is considered by the Court that the plaintiff recover against the said defendant in manner and form as assessed by the jury.

 

(p. 83)

Court adjourned until tomorrow morning eight o'clock.

 

Court met according to adjournment. Present John Warden, George Petty and William Outlaw, Esqr.

 

State              )

vs.                  )  Indictment for assault and battery

James Kean  )

This day came the parties by their attorneys, and on motion of defendant's attorney to set aside the judgment ... entered in this case, it is ordered by the Court that judgment be set aside accordingly and the defendant plead to issue next term.

 

[Isaac H.] Ward  )  Case for A & B

vs.                        )  Present George Petty, William Outlaw and John Warden.

Aaron Fletcher   )

This day came the plaintiff by his attorney and the defendant being solemnly called came not. Therefore it is considered by the Court that judgment be entered against him by default, and a writ of enquiry be awarded the plaintiff to enquire of his damages by a jury next term.

 

David Wallis  )  Appeal

vs.                   )  Present George Petty, William Outlaw and John Warden, Esqr.

John Alston    )

This day came the parties by their attorneys, and on motion of the defendant by his attorney to quash the proceedings because he says the warrant was not issued, nor judgment given against him, by a legal Justice of the Peace. After argument of counsel on both sides it was ordered by the Court the testimony of witnesses be heard to testify whether Michael Dickson, by whom the aforesaid warrant purports to have been issued and judgment given thereon, was qualified as a legal justice or not, and after hearing (p. 84) testimony, it is considered by the Court that the said Michael Dickson is not a legal Justice of the Peace. Therefore the proceedings are ordered by the Court to be quashed. From which judgment of the Court the plaintiff by his attorney prayed an appeal to the Court of Law for Robertson District, and enters into bond the sum of five hundred dollars, with Henry ... and John Allen securities for faithfully [prosecuting] his said appeal.

 

Personally came into open Court John Tomlinson, William Tomlinson and Febery Collier and acknowledged the execution of a power of attorney to William Anderson to ask and demand of ... Tomlinson, administrator of James Tomlinson deceased.

 

James & Washington Jackson, assignees,  )  Debt

vs.                                                                 )  Present George Petty, John Warden and James Tagert, Esqr.

William Hornberger                                   )

This came the parties by their attorneys and thereupon came a jury, to wit: Paul Howell, Daniel Lewis, Thomas Randle, William Randle, Thomas ..., William Brewer, Nathaniel Denson, John ..., Thomas McGee, John Scarborough, John Lightfoot, Noah Sinclair, who being elected tried and sworn the truth to speak upon the issues joined, upon their oaths do say they find the issues for the plaintiff and say the sum of fifty-four dollars and twenty-six cents debt, and five dollars and eight cents damages besides his costs etc. Whereupon it is considered by the Court that the plaintiff recover against the defendant in manner and form as assessed by the jury etc.

 

[note:  the remainder of the July 1809 term, the entire October 1809 term, and the beginning of the February 1810 term are missing.  Contents of the missing entries may be inferred by examining the Settlements and Bonds book for the same period.]

 

(p. 85, Monday, February 5th, 1810)

James Tagert and Yancey Thornton return a settlement with the guardian of Arissa Brinson, an orphan child of Gause Brinson deceased.

 

Elijah Rushing records his stock mark, viz. a swallow fork in the right and a half moon under each.

 

Nathan Skinner records his stock mark, viz. a crop and corner slit in each ear.

 

Ordered by the Court that George Petty receive the list of taxable property in Capt. Outlaw's company for the present year, Josiah Askew in his own company, James Tagert in Capt. Rushing's company, John Warden in his own company, Tapley Maddox in Capt. Kendall's company, and Henry Pugh in Capt. Ross's company and Charles Polk in Capt. Acree's company.

 

Jesse Denson comes into Court and resigns his commission as Sheriff of Stewart County.

 

Ordered by the Court that John Allen be appointed County Warden in Capt. Outlaw's company, Joseph Gray in Capt. Ross's company, John Kizer in Capt. Warden's company, John French in Capt. Askew's company, Ephraim Davidson in Capt. Acree's company, Asa Atkins in Capt. Kendall's company, Elijah Rushing in his own company, John Allen and Ephraim Davidson overseers of the poor, to see that they are well attended to, and that notice hereof be sent to each person to attend this Court next term the first day.

 

Court adjourned until tomorrow morning, ten o'clock.            Charles Polk

                                                                                                Joshua Williams

 

(p. 86)

            Tuesday, February 6th, 1810

Court met according to adjournment, present Joshua Williams, Henry Pugh, George Petty, Charles Polk, Esqr.

 

Bond, Robert Nelson to James Ritchie for lot number 79 in Dover was proven in open Court by the oath of George Petty, a subscribing witness thereto, and ordered to be registered.

 

Ordered that John G. Fletcher be exonerated from serving as a juror this Court.

 

On petition of Thomas Lanier on the behalf of himself and others for a division of a tract of 3840 acres of the property of Clement Lanier deceased, it being proved to the satisfaction of the Court that all the legatees had been served with legal notices, it is ordered by the Court that Henry Pugh, Duncan McRae and Robert Cooper be appointed to divide the said lands among the said legatees and make return to next Court.

 

Abel Olive records his stock mark, viz. a crop and slit in the left ear and a swallow fork in the right.

 

Deed of conveyance, William Crouse to Samuel Curtis for 100 acres of land was proven in open Court by the oath of James Tagert Esqr. and James Herod, subscribing witnesses thereto, and ordered to be registered.

 

(p. 87)

Power of attorney, David Stanlea to Jacob McCarthy, was proven in open Court by the oath of James Tagert and John McCarthy, subscribing witnesses thereto, and ordered to be registered.

 

William T. Lewis                  )  Present Charles Polk, Henry Pugh, William Outlaw, John Chambers,

vs.                                          )  James Tagert, John Warden & Elijah Lowry, Esqr.

The heirs of William Terril  )

This day comes the plaintiff by his attorney and thereupon came a jury, to wit: Martin Wells, James Newman, George Stagner, William Dunbar, William Pearce, John French, William R. Sparkman, Richard Swor, William King, Lemuel Smith, Joseph McCarthy and John Dunn, who being elected tried and sworn the truth to speak upon the writ of enquiry awarded in this case, upon their oath do say that they find the defendant guilty as the plaintiff in declaring alleged, and assess the plaintiff's damages by reason thereof to four thousand six hundred and twenty-nine dollars and thirty-two cents.

It is therefore considered by the Court that the plaintiff recover against the said defendants the said sum of four thousand six hundred and twenty-nine dollars and thirty-two cents besides his costs about his suit in this behalf expended, and the defendant in mercy etc.

 

(p. 88)

Be it remembered that William McClure and William Pryor came into Court and Jesse Denson and severally acknowledged themselves indebted to the State, viz., the said William McClure in the sum of five hundred dollars and the said William Pryor and Jesse Denson in the sum of two hundred and fifty dollars each severally, to be levied of their goods and chattels lands and tenements for the use of the State, but to be void on condition that the said William McClure do make his personal appearance here next term on the third day of said term to answer the State on a bill of indictment against him for libeling one John Lewis.

 

Bond, Robert Nelson to Joseph Taylor for Lot number 96 in the town of Dover, was proven in open Court by the oath of William Outlaw, a subscribing witness thereto. Also George Petty came into Court and made oath that he believes the signature to the same to be in the proper handwriting of the said Robert Nelson. Ordered to be recorded.

 

Bond, Robert Nelson to Joseph Taylor for Lot number 97 in the town of Dover was proven in open Court by the oath of George Petty, subscribing witness thereto. Also William Outlaw came into Court and made oath that he believes the signature to the same to be in the proper handwriting of the said Robert Nelson. Ordered to be recorded.

 

William Pryor and Joseph Gray Jr. came into Court and qualified as Justices of the Peace.

 

(p. 89)

The Court proceeded to the election of a Sheriff for Stewart County. Present Joshua Williams, Charles Polk, George Petty, James Tagert, Josiah Askew, Henry Pugh, Joseph Gray, John Warden, William Pryor, William Outlaw, John Chambers, Elijah Lowry and Abel Olive, Esqr. Proclamation being made for all persons who were candidates for said office to come into Court and make it known, Abner Pearce and Yancey Thornton came into Court and named themselves as candidates. The votes being collected by the Chairman and counted out, there appeared for Abner Pearce nine and Yancey Thornton three, the Chairman having not voted.  Whereupon the Court ordered proclamation to be made that Abner Pearce was duly elected Sheriff of said County.

 

The Court ordered proclamation to be made that they were about to proceed to elect a Coroner for said County. Jesse Denson came forward and named himself as a candidate and was elected, having 10 votes, and came into Court and entered into bond in the sum of five thousand dollars for his faithful performance in office, with Jacob McCarthy, Richard Swor, William Haggard and Joseph McCarthy securities and took the oaths of office.

 

(p. 90)

Deed of conveyance, Zachariah Ratliffe to Nathan Thomas for 145 acres of land, was acknowledged in open Court and ordered to be registered.

 

Clements & Hyde  )

vs.                           )  Case

William Outlaw     )

The defendant relinquishing his former plea says he does not deny that he owes the plaintiff the sum of seventy-seven dollars and twenty-four cents. It is therefore considered by the Court that the plaintiffs recover against the said defendant for the said sum of seventy-seven dollars and twenty-four cents besides his costs about his suit in this behalf expended.

 

Ordered by the Court that James Berry be appointed overseer of the road leading from Cane Creek on Tennessee River to the Tennessee Ridge to intersect the Lick Creek road of Cumberland River, Josiah Askew's hands, Elisha Askew's hands and all the hands on Cane Creek and White Oak work under him.

 

Ordered that Drury Bird be appointed overseer of the road from his house to Chambers’ mill on Hurricane Creek and all the hands above Ward's road on Hurricane and Leatherwood work under him.

 

Abner Pearce comes into Court and enters into bond and security in the sum of five thousand dollars, conditioned for his faithful performance in office, with Benjamin Edwards, Aaron Fletcher, (p. 91) Caleb Williams, Isaac Brunson, Larry Satterfield and William Pearce securities etc. And also a bond with Asa Atkins, Aaron Fletcher, William Pearce, William King and Isaac Brunson his securities, conditioned for the collection of payment of the public and County taxes in the sum of two thousand dollars.

 

Ordered that the road from Wallace's mill up the Saline Creek be discontinued as far as Aaron Fletcher's and a new road cut from said Fletcher's down said Creek, so as to intersect the Dover road, and Aaron Fletcher be appointed overseer and directed to mark out and have the road cut, and all the hands that belong to the discontinued road work under said Fletcher on said road.

 

Ephraim Russ  )

vs.                    )

John Brown     )

This day came the plaintiff by his attorney, and it appearing to the satisfaction of the Court that the said plaintiff heretofore, to wit, on the 28th day of October 1808, recovered judgment in this Court against the said John Brown for the sum of 8 dollars and 67 cents and costs, and it appearing to the satisfaction of the Court that a balance of one dollar and 96 1/2 cents due on the same by 19 October 1809 for the satisfaction and pay of which and costs was, on or before the first day of December 1809, the said John Brown and William Pearce gave bond dated the said 19th of October 1809 according to Act of Assembly in such case made and provided.  And it also appearing to the satisfaction of the Court that the said balance of said judgment has not been satisfied, on motion of the said Ephraim Russ by his attorney. It is therefore considered by the Court that the plaintiff recover against the said John Brown and William Pearce his security the said sum of one dollar 96 1/2 cents, the balance of said judgment and his costs by him about his motion in this behalf expended.

 

(p. 92)

Ordered that James B. Reynolds be allowed the sum of twenty-five dollars, to be paid out of any monies in the treasury not otherwise appropriated, in full for his ex officio services as Solicitor for said County.

 

Ordered by the Court that Burwell Lashley be appointed a Constable, who came into Court and gave bond and security with Isaac Brunson and Jesse Rasco securities in the sum of one thousand dollars for his faithful performance in office, and took the necessary oaths.

 

Ordered by the Court that the Clerk be allowed the sum of fifteen dollars for his ex officio services, to be paid out of any monies in the treasury not otherwise appropriated.

 

Ordered by the Court that Jesse Denson be allowed fifteen dollars for his ex officio services for the last year, out of any monies in the treasury not otherwise appropriated.

 

The Court proceeded to elect a Ranger and Joseph Gray Jr. was elected without opposition, having seven votes, and gave bond and security in the sum of five hundred dollars, with William King, William Pryor and John McCarthy securities, for his faithful performance in office etc.

 

(p. 93)

Ordered that John Smith be appointed overseer of the road in the room of Richard Cooley and the same hands work under him.

 

James & Washington Jackson,  )

assignees of Samuel Thornton  )

vs.                                               )

William Hornberger                  )

This day came the plaintiffs by their attorney, and it appearing to the satisfaction of the Court that the said plaintiffs heretofore, to wit, on the 28th day of July 1809, recovered a judgment in this Court against the said William Hornberger for the sum of fifty-nine dollars and ninety-four cents and costs, for the satisfaction and payment of which said judgment on or before the first day of December 1809, Philip Hornberger and Thomas Clinton gave bond dated the fifth day of September 1809 according to the Act of Assembly in such case made and provided. And it also appearing to the satisfaction of the Court that said judgment has not been satisfied, on motion of the said James and Washington Jackson by their attorney, it is therefore considered by the Court that the plaintiffs recover against the said William Hornberger and Philip Hornberger and Thomas Clinton his securities in the amount of the said judgment and interest thereon to this day, amounting to one dollar and seventy-three cents, 4 mills, together with seven dollars 34 cts., the costs of said judgment, and his costs by him about his motion here in this behalf expended.

 

Isaac McKinney     )

vs.                           )

Alexander Walker  )

This day came the plaintiff by his attorney, and it appearing to the satisfaction of the Court that the said plaintiff heretofore, to wit, on the 26th day of July 1809, recovered a judgment in this Court against the said Alexander Walker for the sum of eighteen (p. 94) dollars and fifteen cents and costs, for the satisfaction and payment of which said judgment and costs on or before the first day of December 1809, the said Alexander Walker and Robert Walker gave bond, dated the 30th day of September 1809 according to the Act of Assembly in such cases made and provided. And it also appearing to the satisfaction of the Court that the said judgment has not been satisfied.

On motion of the said Isaac McKinney by his attorney, it is therefore considered by the Court that the plaintiff recover against the said Alexander Walker and Robert Walker his security the amount of the said judgment and interest thereon to this day, amounting to fifty-eight cents and six mills, together with five dollars 97 1/2 cts., the costs of said judgment, and his costs by him about his motion here in this behalf expended.

 

Vance & Bradley  )

vs.                           )

William Pryor       )

This day came the plaintiff by his attorney, and it appearing to the satisfaction of this Court that the said plaintiff heretofore, to wit, on the 26th day of April 1809 in this Court against the said William Pryor for the sum of one hundred and twenty-nine dollars and twenty-two and a half cents and costs, for the satisfaction and payment of which said judgment, on or before the first day of December 1809, the said William Pryor and John Ford gave bond dated the 21st day of September 1809 according to the Act of Assembly in such case made and provided. And it also appearing to the satisfaction of said Court that said judgment has not been satisfied. On motion of the said (p. 95) Samuel Vance and John Bradley by their attorney, it is therefore considered by the Court that the plaintiffs recover against the said William Pryor and John Ford his security the amount of the said judgment and interest thereon to this day, amounting to six dollars and 3 cents, together with eight dollars and thirty two and a half cents, the costs of said judgment, and his costs by him about his motion in this behalf expended.

 

Bryant Oneal & James Gatlin,        )

executors of Thomas Smith,            )

vs.                                                     )

William Outlaw & William Pryor  )

This day came the plaintiffs by their attorney, and it appearing to the satisfaction of this Court that the said plaintiffs heretofore, to wit, on the 25th day of July 1809, recovered judgment in this Court for the sum of 104 dollars and fifty-two cents and costs, for the satisfaction and payment of which said judgment and costs on or before the first day of December 1809, William Outlaw and John Allen gave bond, dated the 26th day of October 1809 according to the Act of Assembly in such case made and provided. And it also appearing to the satisfaction of the Court that the said judgment has not been satisfied, on motion of the said Bryant Oneal and James Gatlin by their attorney, it is therefore considered by the Court that the plaintiffs recover against the said William Outlaw, William Pryor and John Allen their security, the amount of the said judgment and interest thereon to this day, amounting to two dollars and 9 1/2 cents, together with eleven dollars 49 cts., the costs of said judgment, and his costs by him about his motion here in this behalf expended.

                                                                                                            William Outlaw

                                                                                                            Henry Pugh

                                                                                                            Jno. Chambers

(p. 96)

            Wednesday, February the 7th, 1810

Court met according to adjournment, present Henry Pugh, William Outlaw, John Chambers, William Pryor and Charles Polk.

 

Abner Pearce came into Court and took the oaths of office as Sheriff of Stewart County.

 

Bond, Robert Nelson to Jesse Denson for two lots in the town of Dover, no. 112 and 113, was proven in open Court by the oath of Robert Cooper, a subscribing witness thereto, and ordered to be recorded.

 

Ordered by the Court that Judith Allen, widow of William Allen deceased, be appointed guardian to William Allen, Elisabeth Allen, Milley Allen and Sarah Allen, orphan children of the said William Allen deceased, she giving bond with Samuel Thornton security in the sum of ten thousand dollars for the faithful performance of her said guardianship etc.

 

State                )  Indictment for extortion

vs.                   )  Present Henry Pugh, John Chambers, William Outlaw, Joseph Gray, George Petty,

Jesse Denson  )  Josiah Askew, William Pryor, Charles Polk, Esq.

This day came the parties by their attorneys and thereupon came a jury, to wit: Thomas French, William King, Henry Edwards, William Brewer, Jacob McCarty, Joseph Taylor, James Alderson, Reuben Elliott, James McGee, Drury Bird, James Scarborough Sr., William M. Cooley.  Isham Sills, one of the jury impaneled in this case, was successfully challenged by defendant, and John G. Fletcher by State allowed by the Court, (p. 97) and bill of exception ordered by the defendant's attorney and sealed by the Court.  The foregoing jury then being elected tried and sworn the truth to speak upon the issue joined, upon their oath do say they do not find the defendant guilty as charged in the bill of indictment.

The defendant's attorney enters a motion to tax the prosecutor with the costs and on said motion it is ordered by the Court that the prosecutor pay all costs, and upon the aforesaid verdict it is considered by the Court that the said defendant be acquitted of the charges exhibited against him in said indictment and go hence without day.

And the attorney for the State prays an appeal to the Circuit Court of Stewart County and comes into Court and gives bond the sum of two hundred dollars, with Henry Pugh, Asa Lanier, Samuel Vance and Joseph B. Neville securities for faithfully prosecuting said appeal etc., and filed his reasons as follows, to wit, that the verdict of acquittal is contrary to law and evidence and the undersigned has been informed that the jury who tried the case were brought into the box by the personal influence of the defendant.

                                                                                    J. B. Reynolds, atty., who acted in behalf of the State

 

(p. 98)

Asa Lanier       )

vs.                     )  Case

Thomas Smith  )

This day came the parties by their attorneys, and the plaintiff dismisses his said suit and each party assumes half the cost.

 

Ordered by the Court that the Sheriff be fined one dollar and fifty cents for not properly attending the Court.

 

Ordered by the Court that a road be marked, William Pryor, Joseph B. Neville, Thomas Brigham, Henry Jackson and John Jones, from the mouth of Brigham's Creek on towards Neville's Creek, to intersect the Dover road.

 

Aaron Fletcher       )

vs.                           )  Debt

William Davidson  )

This day came the plaintiff by his attorney, and it appearing to the satisfaction of the Court that the plaintiff heretofore, to wit, on the 28th day of April 1809, recovered a judgment in said Court against the said William Davidson for the sum of $678.40 and costs, and it also appearing to the satisfaction of the Court that a balance was due on (p. 99) the said judgment on the 2nd day of May 1809 of $178 and 40 cents for the satisfaction and payment of which the said William Davidson and Rowland Peterson gave bond, dated the 2nd day of May 1809. And it also appearing to the satisfaction of the Court that the said judgment has not been satisfied, on motion of the plaintiff by his attorney it is therefore considered by the Court that the plaintiff recover against the said William Davidson and Rowland Peterson the amount of the said balance of said judgment with interest to this day, amounting to eight dollars and three cents, together with the costs of said judgment, and his costs by him about his motion in this behalf expended.

 

Vance & Bradley  )

vs.                          )

Thomas Clinton    )

This day came the plaintiffs by their attorney, and it appearing to the satisfaction of the Court that the plaintiffs heretofore, to wit, on the 27th day of July 1809, recovered in this Court a judgment against the said defendant the sum of twenty-nine dollars and sixty-eight cents and costs, for the satisfaction and payment of which said judgment on or before the first day of December 1809, the said Thomas Clinton and Thomas Lanier gave bond, dated the fifth day of October 1809 agreeable to an Act of Assembly in such case made and provided. And it also appearing to the satisfaction of the Court that the said judgment has not been satisfied, on motion of the plaintiffs by their (p. 100) attorney, it is considered by the Court that the said plaintiffs recover against the said Thomas Clinton and Thomas Lanier his security in the amount of the said judgment and interest thereon to this day, amounting to seventy-nine cents, together with three dollars 37 1/3 cts., the costs of said judgment and his costs by them about their motion in this behalf expended.

 

Hughey Wear                                        )

vs.                                                           )

Ebenezer Pyatt and William Lyndsey  )

This day came the plaintiff by his attorney, and it appearing to the satisfaction of the Court that the said plaintiff heretofore, to wit, on the 26th day of April 1809, recovered a judgment vs. the said defendants for the sum of 184 dollars and 84 cents and costs, and that a balance was due on said judgment on the 4th day of July 1809 of two dollars, ninety-three and a half cents for the satisfaction and payment of which, on or before the first day of December 1809, William Lyndsey and Benjamin Edwards gave bond dated the 4th day of July 1809 according to Act of Assembly in such case made and provided.  And it also appearing to the satisfaction of the Court that said judgment has not been satisfied, on motion of the plaintiff by his attorney, it is considered by the Court that the said plaintiff recover against the said William Lyndsey and Benjamin Edwards his security the amount of said balance of said judgment and (p. 101) his costs by him about his motion in this behalf expended.

 

Jesse Denson         )

vs.                          )

Donald Campbell  )

This day came the plaintiff by his attorney, and it appearing to the satisfaction of the Court that the said plaintiff heretofore, to wit, on the 27th day of July 1809 recovered in this Court a judgment against the said Donald Campbell for the sum of sixteen dollars and costs for the satisfaction and payment of which said judgment, on or before the first day of December 1809, Philip Hornberger and Thomas Clinton gave bond, dated the 5th day of September 1809 according to the Act of Assembly in such case made and provided.  And it also appearing to the satisfaction of the Court that the said judgment has not been satisfied, on motion of the plaintiff by his attorney, it is considered by the Court that the said plaintiff recover against the said Donald Campbell, Philip Hornberger and Thomas Clinton his securities, the amount of the said judgment, and interest thereon to this day, amounting to fifty cents & ½, together with nineteen dollars 66 ¼, the costs of said judgment and his costs about his motion in this behalf expended.

 

(p. 102)

State                            )

vs.                               )

William Hornberger  )

This day came the attorney for the State, and it appearing to the satisfaction of the Court that heretofore, to wit, on the 28th day of July 1809, the State recovered against the said William Hornberger a judgment in this Court for the sum of two dollars & costs, for the satisfaction and payment of which said judgment on or before the 1st day of December 1809 Philip Hornberger and Thomas Clinton gave bond, dated the 5th day of September 1809, according to Act of Assembly in such case made and provided.  And it also appearing to the satisfaction of the Court that the said judgment has not been satisfied, on motion of the attorney for the State it is considered by the Court that the State recover against the said William Hornberger & Philip Hornberger and Thomas Clinton his securities the amount of said judgment, said judgment together with eight dollars 42 ½ cts., the costs of said judgment and the costs of the motion in this behalf.

Court adjourned until tomorrow morning, ten o’clock.

                                                                                                Henry Pugh

                                                                                                Josiah Askew

                                                                                                Jno. Chambers, JP

                                                                                                Wm. Outlaw, JP

                                                                                                Wm. Pryor, JP

 

(p. 103)

            Thursday, February the 8th, 1810

Court met according to adjournment, present Henry Pugh, Josiah Askew, John Chambers, William Outlaw & William Pryor, Esqr.

 

State                 )

vs.                     )  Indictment for Petit Larceny

John Williams  )

This day came the parties by their attorneys, and on motion of the defendant to set aside the Sci. Fa. in this case, it is ordered by the Court that the forfeiture be set aside & on defendant’s paying costs.

 

Ordered by the Court that the fine imposed on the Sheriff yesterday be remitted.

 

State                  )  Indc’t. for A & B

vs.                      )  I. H. Ward, pros.

Aaron Fletcher  )  Present, John Chambers, Henry Pugh, William Pryor, Esqr.

This day came the parties by their attorneys, and thereupon came a jury, to wit: Henry Gibson, William King, John Stallings, Isaac McKinney, Nathaniel Denson, Reuben Elliott, Benjamin Downs, John Garner, James Newman, Richard Herald, Asa Lanier, Jesse Rasco, who being elected, tried & sworn the truth to speak upon the issue joined, upon their oath do say they find the defendant guilty as charged in the bill of indictment.  It is therefore ordered by the Court that he be fined fifty cents & pay costs.

 

(p. 104)

James Haggard               )

vs.                                    )  Case

Thomas Clinton & wife  )

This day came the plaintiff into Court and dismissed his said suit.  The defendant assumes all costs except the Sheriff’s and attorney’s fees etc.

 

Thomas McGee       )

vs.                             )  Case

Thomas Thomason  )

This day came the parties by their attorneys, and by their consent it is ordered by the Court that the matters in dispute between the parties be submitted to the final award and determination of Henry Pugh, Charles Polk and Joseph B. Neville, and their award be the judgment of the Court, returnable to here this term.

 

Jesse Denson  )

vs.                    )  Case

Charles Polk   )

This day came the parties by their attorneys, and by their consent it is ordered by the Court that the matters in dispute between the parties be submitted to the final award & determination of James Tagert & Joseph Taylor & their award be the award to the judgment of the Court, returnable to the next term.

 

State                     )  Indictment for A & B

vs.                        )  Robert Cooper, pros.

William Cooper  )  Present Joshua Williams, Josiah Askew, William Pryor.

This day the parties by their attorneys, and thereupon came a jury, to wit,

 

[Note:  The remainder of the February 1810 term and the beginning of the May 1810 term are missing.  Contents of the missing entries may be inferred by examining the Settlements and Bonds book for the same period.  The following entries have been recovered from Circuit Court loose records.]

 

Abel Olive       )

vs.                    )

Samuel Luton  )

This cause is continued by consent, and on motion of the Plaintiff by his attorney, a dedimus is awarded him to take the deposition of Moses Shelby of Livingston County, State of Kentucky, giving the opposite party ten days notice.

 

(p. 105, Thursday, May 10, 1810)

…of the assault & battery set forth in the bill of indictment.  Therefore it is considered by the Court that the defendant be fined twelve & a half cents, besides costs.

 

John Allen comes into Court and appoints Yancey Thornton his deputy as Sheriff of said County, who came into Court and qualified accordingly.

 

State                     )  Indictment for A&B

vs.                        )  Present George Petty, Joseph Gray & Josiah Askew, Esqr.

Elisabeth Miller  )

This day came the parties by their attorneys and the defendant by her attorney enters a motion to quash the bill of indictment in this case because she says there is no day or year set forth in said bill of indictment where the said defendant was ever called, and after the arguments of counsel were heard on both sides, it is the opinion of the Court that said bill be quashed, and that the defendant go hence without day.

 

State                  )  Indictment for a Libel

vs.                     )  Jesse Denson, prosecutor

Samuel Vance  )  Present George Petty, Joseph Gray & Josiah Askew, Esqr.

This day came the defendant and the bill of indictment being read to him, pleads not guilty. Thereupon came a jury of good and lawful men, to wit: Richard Manly Jr., Daniel Lewis, Abraham Phillips, Jesse Turpin, Ephraim Davidson, William Wallace, (p. 106) William Cherry, James Berry, George Boyd, Faulkner Elliott, William King and Henry Starr, who being duly elected tried and sworn the truth to speak upon the issue joined, retired to consider of their verdict and after some time returned into Court, and upon examination it appears that Jesse Turpin, one of the jury sworn this case, was one of the Grand Jury who found the bill of indictment in this case, it is therefore considered by the Court that the said jury be discharged from rendering a verdict in this case.

 

Josiah Askew Esq. returns the tax list of his own company for the present year.

 

Henry Pugh, Duncan McRae and Robert Cooper, who were appointed last term to divide the lands of Clement Lanier deceased which lie within this County between the heirs of said Lanier, returns the plat of said lands as divided by them.

 

Morgan Brown   )

vs.                       )  Appeal

Faulkner Elliott  )

This day came the parties by their attorneys, and on motion of the plaintiff by his attorney for a certiorari to issue, directing the Justices of the Peace to send up a more complete record, it is ordered by the Court that a certiorari issue accordingly.

 

(p. 107)

State                  )  Indictment for Petit Larceny

vs.                     )  William Outlaw and John Allen, prosecutors.

John Williams  )  Present George Petty, James Tagert & Josiah Askew, Esqr.

This day came the parties and the bill of indictment being read to the defendant, he pleads not guilty. Thereupon came a jury, to wit: Ephraim Davidson, William Wallace, William Cherry, William King, Daniel Lewis, Richard Manly Jr., Abraham Phillips, Henry Starr, Jesse Turpin, George Boyd, Hamlin Manly, Asa Atkins, who being elected tried and sworn the truth to speak upon the issues joined, upon their oath do say the defendant is not guilty of the larceny as charged in the bill of indictment.

Upon which verdict it is considered by the Court that the defendant be acquitted of the charges exhibited against him in the bill of indictment and go hence without day, and on motion to tax the defendant with the costs, it is ordered by the Court that the defendant pay all costs.

 

Ordered by the Court that Asa Biggs be exonerated from paying taxes on a white poll for the year 1809.

 

Smith’s Executors  )

vs.                            )  Case

James Newman      )

This day came the parties by their attorneys and by consent of the parties it is ordered by the Court that this cause be continued.

 

State                  )

vs.                      )  Ind’t. for P. Larceny

John Williams  )

The defendant in this case enters a motion for an appeal to the Circuit Court of Stewart County.

 

(p. 108)

Transfer of plat and certificate of survey, together with the warrant on which the same is founded, for seventy acres of land was proven in open Court by the oath of Merit Taylor and Solomon Smith, subscribing witnesses thereto, and ordered to be certified.

Henry Pugh Esq. returns the tax list of Capt. Ross's company for the present year.

 

John Allen comes into Court and enters a motion to be admitted to enter into bond and security for the collection of the public and County taxes for the present year, and entered into bond in the sum of two thousand dollars, with William Outlaw, James Tagert and Henry Gibson securities, which is approved by the Court.

 

Morgan Brown        )  Appeal

vs.                             )  Present Henry Pugh, Joseph Gray and George Petty, Esqr.

Faulkner Elliott Sr.  )

This day came the parties by their attorneys and thereupon came a jury, to wit: Richard Manly Jr., Daniel Lewis, Abraham Phillips, Ephraim Davidson, William Wallace, William Cherry, George Boyd, William King, Henry Starr, Asa Atkins, Hamlin Manly and Wilson Randle, who being elected tried and sworn the truth to speak upon the matters in controversy between the parties, upon their oath do say they find for the plaintiff the sum of thirteen dollars and sixteen and two-third cents besides his costs about his suit in this behalf expended.  Therefore it is considered by the Court that the (p. 109) plaintiff recover against the said defendant the aforesaid sum of thirteen dollars and sixteen and two-third cents besides his costs about his suit by him in this behalf expended.

 

Abner Pearce Esq., Collector of the State and County taxes for the County of Stewart for the year 1809, reports to the Court that the said taxes remain due and unpaid on the following tracts or parcels of land for the said year, and the owners thereof have no goods and chattels within said County on which he can distrain for the same, to wit:

James Bell 174 acres Dry Fork of Saline; the Heirs of Anthony Hart 640 acres Stewart County; William Mooney 450 acres Pleasant Creek; ditto 100 Wells Creek; ditto 50 acres Guices Creek; ditto 320 acres Little Richland Creek; ditto 107 acres on Tennessee; Joseph Mooney 100 acres on Lewis’ Creek; William Neeley 700 Saline; John Robbins 179 ½ acre Stewart County, 1 white poll; Henry Emery 660 acres Stewart County; William T. Lewis 320 acres north side Cumberland River; Samuel McCulloch 4500 at the mouth of Ashes Creek.

 

Court adjourned until tomorrow morning, eight o'clock.

                                                                                                James Tagert

                                                                                                Henry Pugh

                                                                                                Geo. Petty

(p. 110)

            Friday, May 11th, 1810.

 

Court met according to adjournment, present George Petty, James Tagert and Henry Pugh, Esqr.

 

Faulkner Elliott  )

vs.                       )  Motion in arrest of judgment by the defendant’s attorney

Aaron Fletcher  )

After argument of counsel on both sides being heard, it is the opinion of the Court that the said motion be overruled.  Therefore it is considered by the Court that the plaintiff recover against the said defendant the sum of twenty-five dollars, the damages in this case assessed by the jury, besides his costs about his suit by him in this behalf expended.  And the said defendant by his attorney enters a motion for a writ of error.

 

Martin Wells                )  Debt - $75

vs.                                 )  Plea in abatement & demurrer to plea.

Robert & John Lowry  )  Present George Petty, James Tagert & Henry Pugh, Esqr.

After arguments of counsel on both sides being heard, it is the opinion of the Court that the matters of law arising from the plaintiff's demurrer to the defendant's plea in abatement are sufficient in law to bar the defendant of his said plea. It is therefore considered by the Court that the said plea in abatement be overruled and the defendant answer further to the said declaration.

 

(p. 111)

Deed of conveyance and transfer of land warrants for six thousand nine hundred and two acres of land, W. G. B. Prince and James B. Reynolds made oath in open Court that they heard William Curl acknowledge the said instrument of writing to Robert Cooper, William Clements, Robert W. Ellison, William Outlaw, Jacob McCarthy and Henry Minor, as his act and deed for the purpose therein expressed, and also personally came W. G. B. Prince, James B. Reynolds and Yancey Thornton and made oath that they heard John Allen acknowledge the deed aforesaid to the persons aforesaid, for the purposes therein expressed, and it is ordered to be registered.

 

Peter Buchanan    )  Case - $200

vs.                          )  Special Demurrer

John Cottingham  )  Present George Petty, Henry Pugh & James Tagert, Esqr.

After argument of counsel being heard on both sides, it is considered by the Court that the matters of law arising from the defendant's demurrer to the plaintiff's declaration are not sufficient at law to bar the plaintiff of his said action. It is therefore considered by the Court that the said demurrer be overruled and a writ of enquiry be awarded the plaintiff to enquire of his damages by a jury here at next term.

 

Deed of conveyance, John Porter to Samuel Norrod for 330 acres of land acknowledged in Williamson County Court and certified, was exhibited to Court and ordered to be registered.

 

(p. 112)

Isaac H. Ward   )

vs.                       )  A & B

Aaron Fletcher  )

This day came the parties in proper person and the plaintiff agrees to dismiss his said suit on the defendant paying the costs. Judgment accordingly.

 

Isaac H. Ward   )

vs.                       )  Case

Aaron Fletcher  )  Same rule and agreement as above.

 

Isaac H. Ward   )

vs.                       )  Case

Aaron Fletcher  )  Same rule and agreement as above.

 

Philip Hornberger  )  Case for Slander on the Judicial Attachment in this case.

vs.                            )  Present George Petty, James Tagert and Henry Pugh.

William Crouse      )

This day came the plaintiff by his attorney, and the defendant being solemnly called to come into Court and replevy the property attached, came not.  Therefore it is considered by the Court that the plaintiff recover against the defendant his damages by occasion of uttering and publishing the false, malicious and slanderous words of the plaintiff as the plaintiff by declaration have alleged, and that a writ of enquiry be awarded the said plaintiff, to enquire of his damages by a jury at next term here.

 

William Christian  )  Trespass

vs.                            )  Plea in abatement & demurrer to the plea

Thomas Bluitt         )  Present George Petty, James Tagert and Henry Pugh, Esqr.

After argument of (p. 113) counsel on both sides being heard, it is the opinion of the Court that the matters of law arising from the plaintiff's demurrer to the defendant's plea in abatement are sufficient in law to bar the defendant of his said plea, it is therefore considered by the Court that the said plea be arrested and the defendant pay all costs up to this time and further answer over to the plaintiff's declaration.

 

Deadrick & Sitler  )  Covenant

vs.                            )  Present George Petty, James Tagert & Henry Pugh, Esqr.

Philip Hornberger  )

This day came the parties by their attorneys, and on motion of the plaintiff to overrule the demurrer in this case, after argument of counsel being heard it is ordered by the Court that the said demurrer be overruled and the plaintiff recover against the said defendant his damages by occasion of not performing the promises and covenants heretofore entered into by him, and a writ of enquiry be awarded the plaintiff to enquire of his damages by a jury here next term.

 

Vance & Co.   )  Motion for judgment for not returning Execution of William Pryor in the sum of thirty-

vs.                    )  seven dollars.

Abner Pearce  )

This day came the parties, and by their consent it is ordered by the Court that this cause be continued.

 

Faulkner Elliott  )

vs.                       )

Aaron Fletcher  )

The defendant in this case comes into Court and gives bond with Simon Fletcher and John Fletcher securities in the sum of five hundred dollars, conditioned for faithfully prosecuting his writ of error to the Circuit Court. Whereupon the (p. 114) said writ of error to the Circuit Court of Stewart County is allowed him.

 

William Outlaw’s lessee  )  Ejectment

vs.                                      )  Present George Petty, James Tagert and Henry Pugh, Esqr.

John Williams                  )

This day came the parties by their attorneys and the said John Williams who is tenant in possession comes into Court and begs leave to be admitted to enter into the common and defend his said suit, which is admitted accordingly on the usual terms.  And it is ordered that James Tagert Esqr. survey the lands in dispute and return three fair plats thereof to next term.

 

Rhaford Rutland records his stock mark, to wit, an under bit in each ear.

 

Rutherford Rutland records his stock mark, to wit, a crop in the left and a slope in the right ear.

 

                                                            Henry Pugh

                                                            Geo. Petty

                                                            Jas. Tagert

 

(p. 115)

At a Court of Pleas and Quarter Sessions began and held for the County of Stewart at the Court House in the town of Dover on Monday, the 6th day of August 1810.  Present Henry Pugh, William Outlaw, William Pryor, Esqr.

 

Deed of Conveyance from Thomas Hickman & Robert Searcy & William Outlaw for 609 acres of land was proven in open Court by the oath of Samuel Luton, one of the subscribing witnesses thereto.

 

Deed of Conveyance, Henry Small, former Sheriff of Montgomery County, to James Moore for 320 acres of land was proven by Henry Minor & James B. Reynolds, subscribing witnesses thereto, to have been acknowledged before them & is ordered to be registered.

 

Drury Massey    )

vs.                      )

Daniel Oglesby  )

This day came the parties and by their consent it is ordered by the Court that this cause be submitted to the final award and arbitrement of William Pryor, George Petty, John Randle, Adam McGee and John French, returnable here this term.

 

Deed of conveyance, H. F. Bell, administrator of Robert Nelson, to James Ritchie’s heirs for one lot in Dover was proven in open Court by the oath of Henry Gibson and Joseph Gray, subscribing witnesses thereto, and ordered to be registered.

 

(p. 116)

Ordered by the Court that James Fletcher be exonerated from paying double tax on 359 acres of land for the year 1809 & 1810 and have leave to return the same.

 

Power of attorney, Daniel Findley to Alexander McKee was exhibited in open Court and ordered to be registered.   Also a power of attorney from David McKee & Sarah McKee to the said Alexander McKee was exhibited & ordered to be registered.

 

Deed of conveyance, Alexander McKee to Stephen Raynes for 250 acres of land was acknowledged in open Court and ordered to be registered.

 

George Petty returns a list of sales of the personal property of Charles Harrington deceased.

 

Ordered that Elisabeth Hyer and Burrell M. Williamson have letters of administration in the estate of Frederick Hyer, who came into Court and entered into bond in the sum of four thousand dollars, with William Lyons Jr., Martin Wells, Nathaniel Denson & Lewis Brock securities for faithfully administering, etc.

 

Ordered by the Court that Thomas Ross & Nathan Ross have liberty to build a saw & grist mill across the Saline Creek where their line crosses the said creek, being the west boundary line of a thousand acre tract granted to Robert Hays.

 

(p. 117)

Ordered that Noah Sinclair be appointed overseer of the road from Dover to the five mile post near Bear Creek, and all the hands east of the ridge between Bear Creek & Hickman & below Dover work under him.

 

Ordered that James Wyatt Jr. be appointed overseer of the road from Chambers’ mill towards Humphreys County, as far as the dividing ridge between Collier’s branch & Lewis’ branch, and all the hands south of Hurricane Creek including the south fork and on Cane Creek above Massingale’s mill, and all below where a straight direction of said ridge would intersect Humphreys line to Isaac Lanier’s work under him.

 

Personally came into Court John Manning and acknowledged a power of attorney to Thomas Ross to sell a tract of land for him in the State of North Carolina in Martin County.

 

Ordered that Orrin Jones be appointed overseer of the road from the dividing ridge between Collier’s branch and Lewis’ branch to Humphreys County line, and all the hands between the above-mentioned ridge and Humphreys County line and with said line to Tennessee Ridge and down said ridge to a direct line where said ridge between said branches would intersect with said Tennessee Ridge and to the mouth of the Long Branch work under him.

 

(p. 118)

Ordered by the Court that William Berry be appointed overseer of the road from the mouth of Cane Creek to where it intersects the road from Dover up Lick Creek, and Mark Thomason, William Walker, James Edmondson, Henry Wyatt, David Outlaw, James Berry, James Rawls, Isaac H. Ward, John Berry, Jonathan Franklin, William Jackson & Arnold Thomason work under him.

 

Ordered that Sherwood Barrow have leave to return 640 acres of land for taxation for the present year and be exonerated from double tax.

 

Ordered that William Tait have leave to return 755 acres of land for taxation for the present year and be exonerated from paying double tax.

 

Ordered that John C. Maclemore have leave to return 4692 acres of land for taxation for the present year and be exonerated from paying double tax.

 

Ordered that William Christmas have leave to return 637 2/3 acres of land for taxation for the present year and be exonerated from paying double tax.

 

Ordered that Robert Fenner have leave to return 2560 acres of land for taxation for the present year and be exonerated from paying double tax.

 

(p. 119)

Ordered John Smith be appointed overseer of the road from Outlaw’s ferry to the east corner of John Atkins’ fence, and Simson’s hands & Richard Manly Sr., Jonathan May, Daniel Lewis, Richard Manly Jr., John Atkins, George Atkins & William Daniel, William Burk, Sherrod Winniham, Lemuel Mirack, William Matheny, besides the other hands he formerly had work under him.

 

Ordered that John Gray Blount have leave to return 3830 acres of land for taxation for the year 1809 and the present year and be exonerated from paying double tax.

 

Court adjourned until tomorrow morning, nine o’clock.

 

Tuesday, August 7th, 1810.  Court met according to adjournment.  Present Henry Pugh, William Outlaw & William Pryor, Esqrs.

 

                                                            Henry Pugh

                                                            William Pryor

                                                            Wm. Outlaw

 

(p. 120)

Deed of conveyance, John Allen, Sheriff, to John Blair for 357 acres of land was acknowledged in open Court and ordered to be registered.

 

William Pryor returns a list of the sales of the personal estate of Sampson Trammel deceased.

 

James Scarborough Sr.  )  Case - $500

vs.                                    )  Pleas non ass. sett.  Statute of fraud.

William Outlaw              )  Statute of limitations agreement performed.

Present Henry Pugh, William Pryor and John Chambers, Esqr., George Petty.

This day came the parties by their attorneys, and thereupon came a jury, to wit: William Haggard, John White, John Wofford, Ephraim Gatlin, Caleb Williams, William McClure, James Newman, Aaron Fletcher, Lewis Brock, Alexander Johnson, John McCarthy & John Boyd, who being elected, tried and sworn the truth to speak upon the issues joined, upon their oath do say they find the issues for the plaintiff, and assess his damages by the reason of the defendant’s not performing the assumptions in the declaration mentioned, to two hundred and thirty eight dollars, besides his costs by him about his suit in this behalf expended.  Therefore it is considered by the Court that the plaintiff recover against the said defendant the aforesaid sum of two hundred and thirty eight dollars assessed by the jury, besides his costs by him about his suit in this behalf expended.  And the defendant by his attorney prays an appeal to the Circuit Court.

 

(p. 121)

Personally came Philip Hornberger into open Court and acknowledged the execution of a bill of sale to John Acree for a Negro woman named Beckee, which is ordered to be registered.

 

Deed of conveyance, William Bridgers Jr. to John Acree for 512 acres of land certified to have been proven & registered in Bertie County, State of North Carolina, was exhibited in open Court and ordered to be registered.

 

Assignment of plat & certificate from Levy Taylor to Joshua Dinkins for one hundred acres of land was proven in open Court by the oath of Caleb Arledge and Timothy Taylor, subscribing witnesses thereto, and ordered to be registered.  And also came into open Court the said Joshua Dinkins and acknowledged a transfer or assignment of the same to Henry Gibson, also ordered to be certified.

 

Deed of conveyance, Richard Manly to John Atkins for 91 acres of land, was acknowledged in open Court and ordered to be registered.

 

(p. 122)

Deed of conveyance, William King to Henry King for six hundred and sixty acres of land, was acknowledged in open Court and ordered to be registered.

 

William Cormack records his stock mark, viz., a crop in the left ear and a swallow fork in the right ear.

 

Henry Pugh Esqr. resigns his office as a Justice of the Peace during the trial was pending between Scarborough & Outlaw.

 

Bill of sale, Britain Bayliss to Daniel Cato for a Negro woman named Nelly was proved in open Court by the oath of John Graham and Asa Atkins, subscribing witnesses thereto, and ordered to be registered.

 

Drury Massey    )  Case

vs.                       )  Present George Petty, William Pryor & John Chambers, Esqr.

Daniel Oglesby  )

The arbitrators in this case return their award in the following words, to wit:  Agreeable to an order of Court, it is directed we proceed and arbitrate the cause between Drury Massey and Daniel Oglesby, and we say that Drewry Massey pay all costs and discharge the said suit.  Wm. Pryor, Adam McGee, George Petty, John Randle, John French.  It is therefore (p. 123) considered by the Court that the said defendant go home without day and recover against the said plaintiff his costs by him about his defense in this behalf expended.

 

Deed of conveyance, Henry Pugh to Frederick Smith for 100 acres of land was acknowledged in open Court and ordered to be registered.

 

Ordered by the Court that Frederick Weston be appointed a constable, who came into Court and entered into a bond in the sum of one thousand dollars, with John Brock and Philip Hornberger his securities, conditioned for his faithful performance in office & took the oaths of office.

 

It is ordered by the Court that judgment be entered severally against the owners of the lands reported at last term for the amount of taxes, costs & charges due thereon, and that the Clerk cause the same to be advertised according to law, setting forth that the same will be sold, or so much thereof on the first Monday & succeeding day in November next, as will pay the said taxes, costs & charges due thereon.

 

(p. 124)

Abner Pearce Esqr., Collector of the State & County taxes for the year 1809, reports to the Court that the following tracts of land were not given in for taxation for said year and are therefore subject to double tax, (to wit):

James McMurtree 109 on Blue Creek on Duck River entered on Warrant No. 133; John Smith 60 acres on Trace Creek of Tennessee River entered on Warrant No. 5142; John Smith 40 acres on Trace Creek of Tennessee River entered on Warrant No. 5142; Alexander Mabane 120 acres on Blue Creek of Duck River entered on Warrant No. 231; Alexander Mabane 100 acres on Blue Creek of Duck River entered on Warrant No. 231; John Williams 40 acres on Richland Creek of Tennessee River entered on Warrant No. 40; Thomas E. Sumner 209 acres on White Oak Creek of Tennessee River entered on Warrant No. 278; Goodwin Thompson heirs 213 1/3 acres range 21 Section 6 entered on Warrant No. 4420; Goodwin Thompson’s heirs 100 acres on Richland Creek of Tennessee River entered on Warrant No. 4420; William Brasher 640 acres on White Oak Creek of Tennessee River entered on Warrant No. 87; James Morrow 228 acres on Richland Creek of Tennessee River entered on Warrant No. 4448; John Gwin 320 acres on White Oak Creek entered on Warrant No. 2445; John Casey 640 acres on Trace Creek of Tennessee River a grant; James M. & William M. T. Lewis 640 acres in the north waters of Tennessee River granted on Warrant 3090; William Bush 640 acres on Blue Creek of Duck River granted on Warrant No. 514; (p. 125) John Walker 709 acres on Blue Creek of Duck River granted on Warrant No. 240; Capt. Robert Fenner 1920 acres on Duck River near the mouth of Blue Creek part of a tract of 3840 granted to said Fenner on Warrant No. 333; Jesse Williams Junior 320 acres on Trace Creek entered on Warrant No. 4113; Richard Cook 640 acres on Richland Creek entered on Warrant No. 5057; Isaiah Watkins 215 1/3 acres in range 21 Section 6 Warrant No. 109; Edward Gwin 320 acres on White Oak Creek entered on Warrant No. 4231; Edward Gwin 80 acres on White Oak Creek entered on Warrant No. 23; John Massey 50 acres on Trace Creek entered on Warrant No. 5032; Samuel Crockett 50 acres on Trace Creek entered on Warrant No. 5032; Jackson Hull’s heirs 50 acres on waters of White Oak Creek entered on Warrant No. 88; Hillary Morriss 50 acres on the waters of White Oak Creek entered on warrant No. 4195; Hillary Morriss 10 acres on the waters of White Oak Creek entered on warrant No. 4195; Joel Lewis 640 acres on the north waters of Tennessee River entered on warrant No. 272; Josep Tilmon 640 acres north waters of Tennessee River entered on warrant No. 1094; W. Williams 1000 acres on Richland Creek granted on warrant No. 2623; Edmond Gamble 274 acres on the waters of Tennessee River granted on warrant no. 1867; Thomas Asher 640 acres on White Oak Creek entered on warrant No. 1342; W. Williams 1000 acres on White Oak (p. 126) Creek granted on warrant No. 2627; Thomas Berry 274 acres on the north waters of Tennessee River granted on warrant No. 1397; James Richards’ heirs 640 acres on Blount’s Creek granted on warrant No. 2029; Martin Armstrong 640 acres on Richland Creek entered on warrant 924; Betsy Barrow 640 acres on Porterfield’s Creek entered on warrant No. 2774; Abel Moslander 2560 acres north side Tennessee River warrant No. 851; Major John Walker 1709 acres on Clear Creek of Duck River a grant; W. Williams 274 acres Tennessee River waters an entry on warrant No. 1321; James Jois 640 acres on Trace Creek of Tennessee River a grant; James Tucker 640 acres on Trace Creek of Tennessee River a grant; James Coghan 640 acres on Trace Creek of Tennessee River granted on warrant No. 3253; James Coghan 640 acres on Trace Creek of Tennessee River granted on warrant No. 3449; James Coghan 1000 acres on Trace Creek of Tennessee River entered on warrant No. 2620; John Casy 640 acres on Trace Creek of Tennessee River granted on warrant No. 556; John Casy 1000 acres on Trace Creek of Tennessee River granted on warrant No. 3905; William Alford 640 acres on Trace Creek of Tennessee River granted on warrant No. 1069; William Alford 640 acres on Trace Creek of Tennessee River granted on warrant No. 1442; Thomas Blount 640 acres on Trace Creek of Tennessee River granted on warrant No. 1474; Thomas Blount 640 acres on Trace Creek of Tennessee River, on warrant No. 1354; George Doherty 640 acres (p. 127) North waters of Tennessee River granted on warrant No. 424; Robert Broomfield 1000 acres north waters of Tennessee River granted on warrant No. 780; James King’s heirs 640 acres north waters of Tennessee River entered on warrant No. 545; Joseph Tilmon 1000 acres north waters of Tennessee River entered on warrant No. 434; John Allen 640 acres Tennessee River granted on warrant No. 377; Matthew Barrow 640 acres on north waters of Tennessee River granted on warrant No. 2746; John Blaimer 640 acres on north waters of Tennessee River entered on warrant No. 1024; Briant Whitfield 640 on north waters of Tennessee River granted on warrant No. 377; Stephen Slade 320 acres on Trace Creek entered on warrant No. 3045; Charles Garrard 320 acres on Trace Creek entered on warrant No. 372; Wm. White 640 acres on Richland Creek entered on warrant No. 126; Goodin Thompson’s heirs ??6 1/3 acres on Richland Creek entered on warrant No. 4430; Edward King’s heirs 213 acres on Trace Creek entered on warrant No. 3814; Thomas McKissick 114 acres on Trace Creek entered on warrant No. 200; Edward Gwinn 136 acres Trace Creek entered on warrant No. 4231; Edward King’s heirs 114 acres on Blue Creek entered on warrant No. 3814; William Hill 320 acres on White Oak Creek entered on warrant No. 772; Jacob Garrison 640 acres on White Oak Creek entered on warrant No. 4179; Moses Elison 285 acres on Richland Creek of Tennessee River an occupant claim; William Peacock 320 acres on Blue Creek of (p. 128) of Duck River an occupant; Phillip Dapp 300 acres Blue Creek of Duck River an occupant claim; Michael Dickson 300 acres Blue Creek of Duck River an occupant claim; Richard Simmons 150 acres north fork of Blue Creek of Duck River an occupant claim; Hezekiah Johnson 204 acres on Hurricane Creek of Duck River an occupant claim; Richard Brown 100 acres on Hurricane Creek of Duck River an occupant claim; William Peacock 100 acres on Blue Creek of Duck River an occupant claim; Richard White 120 acres Hurricane Creek of Duck River an occupant claim; Hiram Traylor 160 acres Tumbling Creek of Duck River an occupant claim; William Brown 100 acres Brown’s Branch of Hurricane Creek of Duck River an occupant claim; William Gibson 150 acres on the north fork of Blue Creek of Duck River an occupant claim; John Hunter 300 acres on Hurricane Creek of Duck River an occupant claim; James Gwinn 281 acres on Hurricane Creek of Duck River an occupant claim; Preston Nunor 125 acres on Hurricane Creek of Duck River an occupant; John White 192 acres on Hurricane Creek of Duck River an occupant; Richard White 300 acres on Hurricane Creek of Duck River an occupant; James Wilson 77 acres on the waters of Richland Creek of Tennessee River entered on warrant No. 241; C. H. Hail 1000 acres on Hurricane Creek of Duck River by grant; Benjamin Shepherd 460 acres on Leatherwood Creek of Tennessee River part of 640 which was sold for the taxes for 1808; Edmond Yarborough 3860 acres on the waters of…

 

[Note:  The remainder of the August 1810 term, and the beginning of the November 1810 term, are missing.  The following entries have been recovered from Circuit Court loose records.]

 

Wednesday, August 8th, 1810

Present John Chambers, George Petty & Joseph Gray, Esqrs.

 

Abel Olive       )

vs.                    )

Samuel Luton  )

This day came the parties aforesaid, and by their consent it is ordered by the Court that this cause be submitted to the final award and determination of Joseph B. Neville, Henry Pugh & Thomas French, Samuel Skinner, William Skinner & Dudley Williams on the record Monday in October next at the house of Abel Olive, and their award to be the judgment of the Court, returnable here next term.

 

Tuesday, November 6, 1810

Present John Chambers, Joshua Williams, William Pryor & James Tagert, Esqrs.

 

Abel Olive       )

vs.                    )

Samuel Luton  )

This day came Thomas French, one of the arbitrators appointed in this case, and returned the following award (to wit):  We the subscribers, being appointed by the Court of Pleas and Quarter Sessions for the County of Stewart, to arbitrate a certain matter of controversy depending in said Court wherein Abel Olive’s lessee is Plaintiff and Samuel Luton is defendant, met at the house of Abel Olive on Monday the 8th day of October 1810, and having heard the allegations of the parties and examined the witnesses by them produced, do award and determine in manner & form following (viz.), we find for the Defendant as we do not think that the tree introduced for the corner to be the corner of Shelby’s claim of land.

                                                                        Thomas French

                                                                        Dudley Williams

                                                                        J. B. Neville

                                                                        Samuel Skinner

                                                                        William Skinner

 

(p. 129, Wednesday, November 7, 1810)

In the cases between Robert Cooper and William Cooper, by consent of the parties it is ordered by the Court that the order of arbitration at last term be extended, and that the said arbitrators settle the matters in dispute between the parties in the town of Dover on the second Saturday in December next, at the courthouse, and that a commission issue to take the deposition of Joshua Williams Jr. and William Cooley for the benefit of either party, giving the opposite party 10 days’ notice.

 

Samuel Johnson  )  Original Attachment

vs.                         )  Present Joshua Williams, James Tagert and William Pryor, Esqr.

Abraham Price    )

This day came the plaintiff by his attorney, and the defendant being solemnly called to come into Court and replevy the property attached came not. Therefore it is considered by the Court that judgment by default be entered against him and a writ of enquiry be awarded the plaintiff to enquire of his damages by a jury at next term.

 

Isaac Brunson’s lessee  )

vs.                                   )  Ejectment

William Cooley             )

Came the plaintiff and entered into bond in the sum of five hundred dollars, with William R. Sparkman, John Jones, (p. 130) and Josiah Outland his securities, conditioned for faithfully prosecuting his said appeal and filed his reasons etc.

 

Court adjourned until tomorrow morning, nine o'clock.

                                                                                                            James Tagert

                                                                                                            Tapley Maddox

                                                                                                            William Outlaw, JP

 

Thursday, November 8, 1810

Court met according to adjournment. Present William Outlaw, Tapley Maddox, James Tagert, Esqr., Justices.

 

The State                                       )

vs.                                                  )

William Cooper & John Cooper  )

This day came the State's attorney, and it appearing to the satisfaction of the Court that heretofore, to wit, on the 8th day of February 1810 a judgment was entered up in this Court against the said William Cooper for the sum of fifty cents as a fine, and seventeen dollars ninety-one cents costs for the satisfaction and payment of which the said William Cooper and John Cooper entered into bond, dated the fourth day of August 1810 agreeably to the Act of Assembly in such case made and provided. And it also appearing to the satisfaction of the Court that the same have not been paid, on motion of the attorney for the State it is considered by the Court that judgment be entered up against the said William Cooper and John Cooper for the (p. 131) aforesaid sum of fifty cents, to satisfy said fine; also the sum of seventeen dollars ninety-one and a half cents costs on said judgment besides the sum of one dollar and twenty-five cents costs on said execution; also the costs of this motion.

 

The State                                       )

vs.                                                  )  Present William Outlaw, Tapley Maddox, James Tagert, Esq.

William Cooper & John Cooper  )

This day came the State's attorney, and it appearing to the satisfaction of the Court that heretofore, to wit, at the July term of this Court 1809, judgment has been rendered against said William Cooper for the costs of the prosecution of a bill of indictment against Joshua Williams Junior for an assault and battery, on which judgment execution issued and the said William and John Cooper entered into bond agreeable to an Act of Assembly dated the fourth day of August 1810.  And it appearing to the satisfaction of the Court that the same have not been paid, on motion of the attorney for the State it is the opinion of the Court that judgment be entered up against the said William Cooper and John Cooper for the sum of thirteen dollars and eight cents, the amount of the said costs and also the costs of this motion.

 

John White                                     )  Appeal

vs.                                                    )  Present William Outlaw, Tapley Maddox, James Tagert, Esq.

James Haggard & John Williams  )

This day came the plaintiff by his attorney, and it appearing to the satisfaction of the Court that heretofore, to wit, (p. 132) on the 27th day of July 1809, the said John White recovered a judgment against William Haggard for the sum of seven dollars and fifty cents debt, also the sum of seven dollars and nineteen cents costs, on which an execution was issued and levied on the property of the said William Haggard and sold on the 23rd of October 1809 at 12 months credit agreeably to an Act of Assembly in such case made and provided to James Haggard, who entered into bond with Joshua Williams his security for the satisfaction and payment of the said debt interests and costs within 12 months aforesaid. And it also appearing to the satisfaction of the Court that the same have not been paid, on motion of the plaintiff by his attorney, it is considered by the Court that the plaintiff recover against the said James Haggard and Joshua Williams the aforesaid sum of seven dollars and fifty cents with interest thereon from the 27th day of July 1809 up to this day, also the sum of seventeen dollars and nineteen cents, costs of said judgment besides his costs by him about his motion in this behalf expended.

 

Davidson and Brashers’ lessee  )

vs.                                                )  Present William Outlaw, Tapley Maddox, James Tagert, Esq.

Thomas Hamilton Junior           )

This day came the parties aforesaid by their attorneys, and on motion of the defendant by his attorney, affidavit having been made after argument being heard, it is ordered by the Court that this cause be continued.

 

(p. 133)

Jesse Denson           )

vs.                             )  Present William Outlaw, Tapley Maddox, James Tagert, Esq.

Philip Hornberger  )

This day came the parties aforesaid by their attorneys, and on motion of the defendant by his attorney after arguments being heard, it is ordered by the Court that this cause be continued, and that a commission issue to take the deposition of Walter Stewart, giving the opposite party 10 days’ notice, and also the deposition of Andrew Anderson and Charles Murphy and John Pryor at Jesse Denson's, giving the opposite party 15 days’ notice, before any Justice of the Peace of this County.

 

John Smith                      )  Case

vs.                                    )  Present Tapley Maddox, William Outlaw and James Tagert, Esq.

Charles W. Harrington  )

This day came the parties by their attorneys, and by their consent it is ordered by the Court that a depo. issue to take the depositions of James Newman and Nathaniel Denson and John French de bene esse at the house of Henry Pugh in the town of Dover on Saturday the 10th instant - notice is dispensed with - before Henry Pugh or Robert Cooper or any Justice of the Peace.

 

Aaron Fletcher      )  Appeal

vs.                           )  Present William Outlaw, Tapley Maddox, James Tagert, Esq.

William Hubbard  )

This day came the parties aforesaid by their attorneys, and thereupon came a jury, to wit, John Jones, Thomas Brigham, William Sills, Josiah Outland, Nicholas Brewer, William Haggard, Enos Outland, (p. 134) James Cook, Duncan McRae, John Boyd, Hiram Warnick, James Warnick, who being elected tried and sworn the truth to speak upon the matters in controversy between the parties, upon their oath do say that they find for the plaintiff the sum of eighty dollars debt and five dollars damages besides costs. Therefore it is considered by the Court that the plaintiff recover against the said defendant his debt and damages aforesaid in manner and form as assessed by the jury besides his costs by him about his suit in this behalf expended.

 

Samuel Johnson  )

vs.                         )  Original Attachment

Abraham Price    )

On motion of the plaintiff by his attorney, a dedimus potestatem is awarded him to take the deposition of James Evans of Wayne County, State of Kentucky, and that notice of this order be published in the United States Herald, at least 30 days before, of the time and place of taking the same, before any two Justices of the Peace for said County.

 

Abel Olive’s Lessee  )  Ejectment

vs.                              )  Motion to set aside Award

Samuel Luton           )

By consent of the parties it is ordered by the Court that this motion be continued for argument until the fourth day of next term, and ordered that a de. po. issue to take the deposition of Henry Skinner, giving the opposite party ten days’ notice.

 

(p. 135)

Clements, Thornton & Tatom  )  Debt

vs.                                                )  Present William Outlaw, Tapley Maddox & James Tagert, Esqr.

Martin Wells                               )

This day came the parties by their attorneys and thereupon came a jury, to wit, John Jones, Thomas Brigham, William Sills, Josiah Outland, Nicholas Brewer, William Haggard, Enos Outland, James Cook, Hiram Warnock, Lewis Brewer, Samuel Luton and William Whitley, who being elected tried and sworn the truth to speak upon the issues joined, upon their oaths do say they find for the plaintiff the sum of one hundred nineteen dollars and seventy-one and a half cents, the debt in the declaration mentioned, with interest thereon from the first day of January 1808 up to this time, amounting to twenty dollars and fifty cents besides his costs. Therefore it is considered by the Court that the said plaintiff recover against the said defendant his debt and damages aforesaid in form aforesaid assessed, besides his costs by him about his suit in this behalf expended.

 

Vance & Bradley  )  Debt

vs.                           )  Present William Outlaw, Tapley Maddox & James Tagert, Esqr.

Sarah Smith           )

This day came the parties by their attorneys and thereupon came a jury, to wit, John Jones, Thomas Brigham, William Sills, Josiah Outland, Nicholas Brewer, Duncan McRae, Enos Outland, James Cook, Hiram Warnock, Lewis Brewer, Samuel Luton, Henry Gibson, who being elected tried and sworn the truth to speak upon the issue joined, upon their oaths do (p. 136) say they find for the plaintiff the sum of one hundred and fifty-one dollars and 37 1/2 cents, part of the debt in the declaration mentioned, and assess the damages by reason of the detention of the same to the sum of seven dollars thirteen cents, besides their costs. Therefore it is considered by the Court that the plaintiffs recover against the said defendant the debt aforesaid and damages aforesaid in form aforesaid assessed, and also their costs by them about their suit in this behalf expended.

 

Isaac McKinney     )  Debt

vs.                            )  Present William Outlaw, Tapley Maddox & James Tagert

Alexander Walker  )

This day came the parties aforesaid by their attorneys, and thereupon came a jury, to wit, John Jones, Thomas Brigham, William Sills, Josiah Outland, Nicholas Brewer, Enos Outland, James Cook, Duncan McRae, Hiram Warnick, James Haggard, Henry Gibson, Lewis Brewer, who being elected tried and sworn the truth to speak upon the issue joined, upon their oath do say they find for the plaintiff one hundred dollars, the debt in the declaration mentioned and assess his damages by reason of the detention of the same to ten dollars and fifty cents besides his costs. Therefore it is considered by the Court that the plaintiff recover against the said defendant the debt aforesaid and damages aforesaid in form aforesaid assessed and also his costs by him in this behalf expended.

 

(p. 137)

John H. Poston, assignee  )

vs.                                      )  Covenant

Jesse Denson                     )

This day came the parties by their attorneys and thereupon came a jury, to wit, Thomas Brigham, Enos Outland, Nathan Skinner, Josiah Outland, Lewis Brewer, Hiram Warnick, John Jones, John Williams, Nicholas Brewer, James Cook, Philip Hornberger, William Sills, who being elected tried and sworn the truth to speak upon the writ of enquiry awarded in this case upon their oath do say that the plaintiff has sustained damage by reason of the nonperformance of the covenants in the declaration mentioned, to the sum of one hundred and thirty-six dollars and eighty cents besides his costs. Therefore it is considered by the Court that the plaintiff recover against the said defendant his damages aforesaid in form aforesaid assessed and also his costs by him about his suit in this behalf expended.

 

John H. Poston   )

vs.                        )  Covenant

John Chambers  )

This day came the parties by their attorneys and thereupon came a jury, to wit, Thomas Brigham, Enos Outland, Nathan Skinner, Josiah Outland, Lewis Brewer, Hiram Warnick, John Jones, John Williams, Nicholas Brewer, James Cook, Philip Hornberger, William Sills, who being elected tried and sworn the (p. 138) truth to speak upon the writ of enquiry awarded in this case upon their oath do say that the defendant [sic] hath sustained damage by reason of the nonperformance of the covenants in the declaration mentioned, to the sum of one hundred and thirty-six dollars and eighty cents besides his costs. Therefore it is considered by the Court that the plaintiff recover against the said defendant his damages aforesaid in form aforesaid assessed and also his costs by him about his suit in this behalf expended.

 

Aaron Fletcher       )

vs.                            )  Appeal

William Hubbard  )

Came the defendant by his attorney and enters into bond in the sum of $160, with Henry Pugh and Samuel Luton securities, for faithfully prosecuting his said appeal and filed his reasons, whereupon an appeal is granted him.

 

Court adjourned until Court in course.

                                                                                    James Tagert

                                                                                    Tapley Maddox

                                                                                    William Outlaw

 

(p. 139)

At a Court of Pleas and Quarter Sessions began and held for the County of Stewart at the courthouse in the town of Dover on Monday the 4th day of February 1811, present Joshua Williams, William Outlaw and George Petty Esqr. and Tapley Maddox Esqr.

 

Deed of conveyance, John Brock to James Goodrich for 274 acres of land was proven in open Court by the oath of Mumford Harris and Clabon Harris, subscribing witnesses thereto, and ordered to be registered.

 

Ordered by the Court that George Lyndsey be appointed overseer of the new road from the Grassy Spring to the head of Lick Creek where it intersects the other road below James Andrews, and all the hands below Leatherwood waters to Loss Creek that empties into Tennessee River, and all the hands on the waters of Standing Stone, work under him.

 

Ordered by the Court that John Matheny be exonerated from attending as a juror this term.

 

Ordered by the Court that Nathan Ross have letters of administration of all and singular the goods and chattels lands and tenements of Rice Reddick deceased, he giving bond in the sum of four thousand dollars, with William Cherry and Thomas Ross securities for faithfully administering, and was qualified according to law.

 

(p. 140)

Ordered by the Court that William Cherry be appointed a Constable for said County, who comes into Court and enters into bond in the sum of three thousand dollars, with Nathan Ross and Thomas Ross and his securities for his faithful performance in office etc.

 

Ordered by the Court that David McNatt and John Hodge have letters of administration on the estate of Mackey McNatt deceased, they giving bond in the sum of ten thousand dollars, with Nathan Ross and Henry Pugh securities for their faithfully administering etc., and took the oaths provided by law etc.

 

Ordered by the Court that the heirs of Nathaniel Alexander have leave to return 1000 acres of land on the Tennessee River at the mouth of White Oak for taxation for the year 1810 and be exonerated from paying double tax.

 

Ordered by the Court that Phillip Hall have leave to return 100 acres of land for Ransom Elliott for taxation for the year 1810 and be exonerated from paying double tax.

 

Ordered by the Court that Walter Brown be exonerated from serving as a juror this term.

 

Ordered by the Court that Jacob McCarthy be exonerated from paying for a stray horse colt taken up by him.

 

(p. 141)

Ordered by the Court that Jesse Rasco, William Cherry, Robert McKinney, Cornelius Anderson, Allen Scruggs, John G. Fletcher, view and lay off a road from Dover to Allen's old mill on the Saline, the nearest and best way, and make return to next term.

 

Ordered that Jesse Denson be exonerated from paying taxes on three thousand one hundred and seven acres of land, 10 white polls and 8 black polls twice given in for 1808.

 

Ordered by the Court that Sherrod Winniham be appointed overseer of the road from John Atkins to Bradford's road near the Indian Mount and William Atkins, Abner Kelly, Edmond Taylor, Stephen Gilbert, John Spencer, Jesse Gilbert, William Daniel, Amos Matheny, Thomas McGehee work under him.

 

Ordered by the Court that Larry Satterfield have letters of administration on the estate of James Jenkins deceased, he giving bond and security in the sum of six hundred dollars, with John Scarborough and George Martin Sr. his securities for faithfully administering, and qualified etc.

 

Deed of conveyance, Hugh F. Bell, administrator of Robert Nelson deceased, to George Petty for lots in Dover No. 107 and No. 108, 109, 110 and 92 was proven in open Court by the oath of Robert Cooper and William Outlaw, subscribing witnesses thereto and ordered to be registered.

 

(p. 142)

Deed of conveyance, Hugh F. Bell, administrator of Robert Nelson deceased, to John Scarborough for three lots in the town of Dover was proven in Court by the oath of Jesse Denson and Robert Cooper, subscribing witnesses thereto, and ordered to be registered.

 

Personally came into open Court William Outlaw and acknowledged the execution of a deed of conveyance to John Scarborough for one lot in the town of Dover, which is ordered to be registered.

 

Deed of conveyance, John Scarborough to William Outlaw for two lots in the town of Dover was acknowledged in open Court by the said John Scarborough, and ordered to be registered.

 

Deed of conveyance, Hugh F. Bell, administrator of Robert Nelson, to William Outlaw for three lots was proven in open Court by the oath of Henry Gibson and Joseph Gray Jr., subscribing witnesses thereto, and ordered to be registered.

 

Deed of conveyance, William Wallace to John Stancil for 266 acres of land was proven in open Court by the oath of Henry Pugh and John Ferrill, subscribing witnesses thereto, and ordered to be registered.

 

Deed of conveyance, Hugh F. Bell, administrator of Robert Nelson, to William Outlaw for two lots in the town of Dover was proven in open Court by the oath of Robert Cooper and George Petty, subscribing witnesses thereto, and ordered to be registered.

 

(p. 143)

Ordered by the Court that Tapley Maddox be allowed the sum of three dollars and fifty cents for a book etc. furnished by him in his office.

 

Ordered by the Court that James Andrews, George Barry, John Johnson, Jacob Shilling, William Whitesides, William Bell, Henry Lightfoot, James Largent, William Largent, John Largent, John Lightfoot's hands and Sampson Bramlet work under George Lyndsey as owner of the road.

 

Ordered by the Court that Nathaniel Burgess be appointed overseer of the road leading from Oneals ford to William Outlaw's old place spring and Thomas Childress, Richard Swor, Travis Moore, Charles B. Moore and Jacob Redder work under him.

 

Ordered by the Court that Daniel Cato, James Dunbar, William Wright, Peter Kendall, Asa Atkins, Alsey Bradford, view and lay off a road from Bradford's road the nearest and best way to John Trousdale's.

 

Ordered by the Court that Henry Pugh be exonerated from keeping a ferry across Cumberland River at the lower end of the town of Dover.

 

Ordered that Joel Williams be allowed the sum of nine dollars for purchasing a book for the Register's office, to be paid by the County Trustee etc.

 

Ordered that Robert Cooper, Clerk of this Court, be allowed the sum of twenty-seven dollars for the purpose of purchasing books for his office and his compensation for copying and recording tax lists for the present year, to be paid by the County Trustee out of any monies in his hands not otherwise appropriated.

 

(p. 144)

The Grand Jury appeared in Court in a body and returned the bill of indictment against William Outlaw for not keeping ferry banks in order, a true bill, and retired to consider of further presentments.

 

Philip Hall records his stock mark, viz., a crop and a hole in each ear.

 

William Pryor   )

vs.                      )  In case

Henry Jackson  )

This day came the parties by their attorneys, and on motion of the defendant for a continuance, affidavit having been filed, it is ordered by the Court that this cause be continued.

 

Samuel Johnson  )

vs.                        )  Attachment

Abraham Price    )

This day came the plaintiff by his attorney, and on motion it is ordered that this cause be continued and the former order for taking depositions be extended.

 

Personally came John Bird into Court, five Justices being present, and made oath that two wolves whose scalps he produced here in Court and burned were killed by him, one over four months old and the other under four months old, which is ordered to be certified.

 

The Court proceeded, present Joshua Williams, Joseph Gray, Tapley Maddox and others, to elect a Register for said County, and Yancey Thornton was unanimously elected without opposition and came on to Court and entered into bond in the sum of two thousand dollars, with John Allen and James H. Russell, conditioned for his faithful performance in office etc.

 

Thomas Buckingham came into Court and took the oaths of office as a Justice of the Peace.

 

(p. 145)

Deed of conveyance, Peter B. Stuart, Thomas Heaton and Polly Heaton to Abel Olive for six hundred and forty acres of land was proven in open Court by the oath of Elisha Scruggs and Rozia Scruggs, subscribing witnesses thereto, and ordered to be registered.

 

Personally came into Court Abel Olive and acknowledged the execution of a deed of conveyance to Jose Olive for one hundred acres of land, which is ordered to be registered.

 

Deed of conveyance, John Scarborough to George Petty for one lot in the town of Dover was acknowledged in open Court by the said John Scarborough and ordered to be registered.

 

Deed of conveyance, Elisha Simpson to John Atkins for one hundred and eighty-eight acres of land was acknowledged in open Court by the said Elisha Simpson and ordered to be registered.

 

Deed of conveyance, George Petty to John Scarborough for a town lot in the town of Dover was acknowledged in open Court by the said George Petty and ordered to be registered.

 

(p. 146)

Deed of conveyance, John Brown to Prescot Crisp for six hundred and forty acres of land was acknowledged in open Court by the said John Brown and ordered to be registered.

 

Henry Pugh returns the account current of Thomas Smith's executors and the estate, which is ordered to be recorded.

 

Bill of sale or conveyance of several Negroes from Isaac Lanier to Burwell Lanier was proven in open Court by the oath of Robert Cooper and George Petty, subscribing witnesses thereto, and ordered to be registered.

 

Relinquishment of claim from Isaac Lanier and Burwell Lanier to Eliza Bell of a Negro girl named Phebe was proven in open Court by the oaths of Robert Cooper and George Petty, subscribing witnesses thereto, and ordered to be registered.

 

Obligation, Robert Nelson to John Brown for 640 acres of land was proven in open Court by the oath of William Lyndsey, a subscribing witness thereto, and ordered to be recorded.

 

Ordered by the Court that William Curtis be appointed overseer of the road in the stead of Lemuel Smith.

 

Ordered by the Court that Henry Chambers be appointed overseer of the road in place of Philip Lewis.

 

(p. 147)

Ordered by the Court that the road leading from Dover to Market Mill be discontinued from Lick Creek to William Donahoo's, and take where it is now opened by William Outlaw and kept open by said overseer.

 

Ordered by the Court that Robert Cooper and Duncan McRae and Ephraim Davidson settle with the administrators of William Allen deceased and make return to next Court.

 

Ordered by the Court that Anthony Lee be appointed overseer of the road from the Indian Mount on Cross Creek to the County line on the head of Blooming Grove Creek, and that all the hands on the Honey Fork and East Fork of North Cross Creek work under him.

 

Ordered by the Court that Abner Pearce, late Sheriff, be exonerated from paying the State and County taxes on 20 white polls and 626 1/4 acres of land, insolvent for 1809.

 

Stephen Cantrell  )

vs.                         )  Present Joshua Williams, Joseph Gray, Tapley Maddox & George Petty, Esqr.

Kinchen Turner   )

It appearing to the satisfaction of the Court that heretofore, to wit, on the 13th day of March 1810, the said Stephen Cantrell obtained a judgment and execution before a Justice of the Peace in Davidson County, against the said Kinchen Turner for the sum of seventy-six dollars and seven cents, and said execution was (p. 148) sent duly authenticated to this County and an execution issued thereon by William Outlaw, one of the Justices of the Peace for said County, for the amount of said debt interest and costs, amounting to seventy-eight dollars and fifty-three cents, upon which execution the Constable made return that for the want of goods and chattels he had levied the same on 3540 acres of land in four tracts on the waters of the West Fork of Red River, the Piney Fork and Saline Creek, entered in the name of Edmond Yarborough. It is therefore ordered by the Court that a writ of venditioni exponas issue, commanding the Sheriff to expose to sale the said lands to satisfy the judgment aforesaid.

 

Alexander Porter  )

vs.                          )

Kinchen Turner    )

It appearing to the satisfaction of the Court that heretofore, to wit, on the 16th day of December 1810, the said Alexander Porter obtained from William Outlaw, a Justice of the Peace for the County of Stewart, against the estate of the defendant for the sum of forty-seven dollars and thirteen cents, which attachment was returned by the Constable that for want of goods and chattels he had levied the same on 3540 acres of land in four tracts on the waters of the West fork of Red River, the Piney fork and on the (p. 149) Saline Creek, upon which attachment the said Alexander Porter obtained a judgment for the aforesaid sum of forty-seven dollars and thirteen cents, before the said William Outlaw Esqr. on the fourth day of January 1811 and costs. It is therefore ordered by the Court, on motion of the plaintiff, that a writ of venditioni exponas issue, commanding the Sheriff to expose the aforesaid lands to sale to satisfy said judgment and costs.

 

Present Joshua Williams, Joseph Gray, William Outlaw, Tapley Maddox and George Petty, Esqr.

John Allen Esquire, Sheriff and Collector of the State and County taxes for the year 1810, reports to the Court that the following tracts of land were not given in for taxation for said County for said year and are therefore subject to double tax, to wit,

Willoughby Williams, 274 acres, waters of Tennessee River, entered on warrant No. 1321

John Casey, 640 acres, waters of Tennessee River, granted on warrant No. 842

Green Hill, 640 acres on Tennessee River, granted on warrant No. 1070

Joel Lewis, 640 acres, waters of Tennessee River, warrant No. 272

Joseph Tilmon, 640 acres, waters of Tennessee River, warrant No. 1094

John Shepherd, 640 acres, waters of Tennessee River, warrant No. 2690

John Shepherd, 640 acres, waters of Tennessee River, warrant No. 2643

(p. 150)

Mann Phillips, 640 acres, waters of Tennessee River, warrant No. 2289

Mann Phillips, 640, waters of Tennessee River, warrant No. 2258

Willoughby Williams, 1000 acres, waters of Tennessee River, warrant No. 2633 or 2623

Nancy Shepherd, 640 acres, waters of Tennessee River, warrant No. 2086

John Patrick, 640 acres, waters of Tennessee, warrant No. 1275

John Patrick, 274 acres, waters of Tennessee River, warrant No. 1335

Jesse Cobb, 640 acres, waters of Tennessee, No. Warrant 1216

Jesse Cobb, 640 acres, waters of Tennessee River, No. Warrant 1176

Jesse Cobb, 640 acres, waters of Tennessee River, No. Warrant 1175

Jesse Cobb, 640 acres, waters of Tennessee River, No. Warrant 1092

Jesse Cobb, 640 acres, waters of Tennessee River, No. Warrant 1128

Reston & Rice, 640 acres, waters of Tennessee River, warrant No. 2140

Rice & Reston, 640 acres, waters of Tennessee River, No. of Tennessee River, warrant No. 3234

(p. 151)

William Alford, 640 acres, waters of Tennessee, warrant No. 376

William Alford, 640 acres, waters of Tennessee, warrant No. 775

William Alford, 640 acres, waters of Tennessee, warrant No. 773

William Alford, 640 acres, waters of Tennessee, warrant No. 774

James M. and William T. Lewis, 640, Hurricane Creek of Tennessee, warrant No. 3090

Betsey Barrow, 640 acres, Porterfield's Creek, warrant No. 2774

Benjamin Shepherd, 1000 acres, Indian Creek of Tennessee River, warrant No. 2318

Benjamin Shepherd, 1000 acres, Indian Creek of Tennessee River, warrant No. 2307

Thomas Asher, 640 acres, White Oak Creek of Tennessee River, warrant No. 1342

Willoughby Williams, 1000 acres, White Oak Creek of Tennessee River, warrant No. 2627

Christopher Gooden, 3840 acres, White Oak Creek of Tennessee River, warrant No. 959

John Patrick, 640 acres, Elliott's Creek of Tennessee River, warrant No. 1280

Samuel Lockhart, 5760 acres on Tennessee River, warrant No. 563, exonerated

(p. 152)

John McNairy and Robert Nelson, 640 acres, waters of Tennessee River, warrant No. 149

Jacob Wheaton, 160 acres on Tennessee River, warrant No. 132

John P. Wiggins, 320 acres on Tennessee River, warrant No. 4149

William Hill, 320 acres on Tennessee River, warrant No. 772

Abner Clark, 640 acres on Tennessee River, warrant No. 5106

John McNairy, 640 acres on Tennessee River, warrant No. 14

Thomas Searcy, 320 on White Oak Creek of Tennessee River, warrant No. 1598

Bartholomew Smith, 228 on White Oak Creek of Tennessee River, warrant No. 476

John P. Wiggins, 320 acres, Cane Creek of Tennessee River, warrant No. 4168

Jackson Hull heirs, 100 acres, Leatherwood Creek of Tennessee River, warrant No. 88

Jackson Hull heirs, 140 acres, Leatherwood Creek of Tennessee River, warrant No. 88

Jackson Hull heirs, 100 acres, Leatherwood Creek of Tennessee River, No. warrant 88

(p. 153)

John McNairy, 4272 on Tennessee River, warrant No. 14

Ezekiel Hutson heirs, 80 acres on Tennessee River, warrant No. 97

Emanuel Davidson heirs, 440 acres on Tennessee River, warrant No. 4229

John Williams, 50 acres on Tennessee River, warrant No. 109

Jethro Sumner, 909 acres on Tennessee River, warrant No. 278

James Ritchie, 100 acres on Tennessee River, warrant No. 567

Adam Rabey, 160 acres on Tennessee River, warrant No. 131

Thomas Searcy, 320 acres on Tennessee River, warrant No. 1598

Andrew Simpson, 250 acres on White Oak Creek of Tennessee River, warrant No. 774

Jackson Hull heirs, 50 acres Lewises Branch of White Oak Creek, warrant No. 88

Jackson Hull heirs, 50 acres Lewises Branch of White Oak Creek, warrant No. 88

Hillary Morris, 10 acres, Lewises Branch of White Oak Creek, warrant No. 4195

Thomas E. Sumner, 209 acres, White Oak Creek of Tennessee River, warrant No. 278

Robert Prince, 100 acres, Long Branch of White Oak Creek, warrant 161

(p. 154)

Hillary Morris, 50 acres, Lewises Branch of White Oak Creek, warrant No. 4195

Hillary Morris, 50 acres, Lewises Branch of White Oak Creek, warrant No. 4195

Thomas Dillon, 100 acres, White Oak Creek of Tennessee River, warrant No. 66

James Wilson, 50 acres, White Oak Creek of Tennessee River, warrant No. 241

John Lewis, 40 acres, White Oak Creek of Tennessee River, warrant No. 241

Hillary Morris, 160 acres, Cane Creek of Tennessee River, warrant No. 4187

Abner Clark, 320, Cane Creek of Tennessee River, warrant No. 5106

Abner Clark, 320 acres, Hurricane Creek of Tennessee River, warrant No. 5106

Ezekiel Hutson heirs, 240, Hurricane Creek of Tennessee River, warrant No. 97

Ezekiel Hutson heirs, 220, Hurricane Creek of Tennessee River, warrant No. 97

Abel Alexander, 200 acres, Panther Creek of Tennessee River, location No. 872

Thomas E. Sumner, 100 acres, Panther Creek of Tennessee River, warrant No. 278

Thomas E. Sumner, 100 acres, a branch of Standing Stone Creek of Tennessee River, warrant No. 278

Thomas E. Sumner, 100 acres, Standing Stone Creek of Tennessee River, warrant No. 278

(p. 155)

Elijah Lancaster, 50 acres, third section 22nd range, warrant No. 109

Samuel Lewis, 200 acres, White Oak Creek of Tennessee River, warrant No. 5146

James Ross, 200 acres, Lewis's branch of White Oak Creek of Tennessee River, occupant

Andrew Jackson, 240 acres on Tennessee River

John McNairy, 227 1/2 acres on Tennessee River, warrant No. 14

Thomas D. Wiggins, 320 acres, waters of White Oak Creek of Tennessee River, warrant No. 4276

John Davidson, 100 acres, White Oak Creek of Tennessee River, warrant No. 4534

James Mills, 400 acres, White Oak Creek of Tennessee River, part of 3840 acre tract, granted on warrant No. 546

William Murray, 60 acres, waters of White Oak Creek, warrant No. 77

Isaac Kittrell, 360 acres, waters of White Oak Creek, location No. 2402

William McClure, 100 acres, waters of White Oak Creek, warrant No. 3870

John P. Wiggins, 320 acres, waters of Tennessee River, warrant No. 2163

James Murray, 100 acres, waters of White Oak Creek, warrant No. 229

Goodwin Thompson heirs, 55 acres, waters of White Oak Creek, warrant No. 4420

(p. 156)

Goodwin Thompson heirs, 45 acres on White Oak Creek, warrant No. 4420

Eli Hammond, 160 acres, Tennessee River, warrant No. 3197

Eli Hammond, 50 acres, Tennessee River, warrant No. 85

James Young, 274 acres, waters of White Oak Creek, No. warrant 4430

William Clark, 22, waters of White Oak Creek, warrant No. 1699

William Clark, 30 acres, waters of White Oak Creek, warrant No. 1699

William Clark, 60 acres, waters of White Oak Creek, warrant No. 1699

William Clark, 40 acres, waters of White Oak Creek, warrant No. 1699

William McClure, 180 acres, Dry fork of White Oak, No. warrant 4437

William McClure, 150 acres, Long branch of White Oak, warrant No. 4437

William McClure, 140 acres, White Oak Creek, warrant No. 4409

William McClure, 52 acres, White Oak Creek, warrant No. 4409

William McClure, 50 acres, White Oak Creek, warrant No. 4437

(p. 157)

James Coppage heirs, 440 on the edge of the Tennessee Ridge, warrant No. 5303

Thomas Arnold, 640, Tennessee Ridge, warrant No. 4196

Hezekiah Nobles, 228 acres, Tennessee Ridge, warrant No. 4468

William Hill, 320, Tennessee Ridge, warrant No. 772

William McClure, 24 acres, branch of White Oak, No. of warrant 133

Joseph Colson, 80 acres on White Oak waters, warrant no. 91

Green Hill, 640, Tennessee River, granted

James Scott, 600 acres, part of 1000 acres granted to Robert Nelson, No. of grant 3095, on the head of the South fork of the Little West fork of Red River

 

Whereupon it is considered by the Court that judgment be severally entered up against the reputed owners of the aforesaid lands for the amount of taxes costs and charges severally due thereon, and that the said tracts of land be severally sold at the courthouse in the town of Dover on the first Monday in November next and the succeeding day, or so much thereof as will satisfy the taxes costs and charges due thereon, agreeable to an Act of Assembly in such case made and provided.

                                                                                                Joshua Williams, Chairman

                                                                                                William Outlaw, JP

                                                                                                Tapley Maddox

 

Court adjourned until tomorrow morning, 10 o'clock.

 

(p. 158)

Tuesday, February 5th, 1811.  Court met according to adjournment. Present Joshua Williams, George Petty, Joseph Gray, Tapley Maddox, James Tagert, William Outlaw and John Chambers, Esqr.

 

Peter Kendall, assignee  )

of James Baxter & Co.   )  Debt

vs.                                    )  $160.62 ½

Henry Pugh                    )

This day came Henry Pugh the defendant in this case and says he does not deny that he owes the said plaintiff the aforesaid sum of one hundred and sixty dollars sixty-two and a half cents together with interest thereon from the second day of January 1810 up to this time, and the plaintiff agrees to stay execution three months.

 

Ordered by the Court that Josiah Britt be chained down to the floor so that he can't get to the wall and Henry Wyatt be so fixed that he can't get to the wall as above, and Duncan McRae be appointed jailer and to see the above business fixed and also to see the door fastened well.

 

Ordered by the Court that Nathan Ross, Dudley Williams and Joseph B. Neville be appointed to lay off a sufficient quantity of provision for the widow McNatt and her children for the term of one year.

 

(p. 159)

Ordered by the Court that Cornelius Anderson, William Cherry and John Ferrill be appointed commissioners to lay off, out of the estate of Rice Reddick deceased, a sufficient supply of provisions and other necessities for Nancy Reddick and her six children, the wife and children of the said deceased.

 

Proclamation having been made, the Court proceeded (present Joshua Williams, Tapley Maddox, William Outlaw, John Chambers, James Tagert, Joseph Gray, Esqr.) to elect a Register for said County. George  Petty Esqr. and Joel Williams and Jesse Denson declared themselves candidates. The votes being collected and counted out, there appeared for Joel Williams three, George Petty one and Jesse Denson one, the Chairman not having voted, and proclamation was then ordered to be made that Joel Williams is duly elected Register of said County.

 

The Court then proceeded to elect a Trustee for said County, the same Court above being present except Tapley Maddox, with the addition of George Petty Esq. Tapley Maddox and William M. Cooley being named candidates, the votes being collected and counted out, there appeared for Tapley Maddox three and William M. Cooley two votes, the Chairman having not voted. Whereupon proclamation was ordered to be made that Tapley Maddox was duly and constitutionally elected Trustee of said County.

 

(p. 160)

Jesse Denson comes into Court and resigns his commission as Coroner of said County, accepted by the Court.

 

Deed of conveyance, John Allen, Sheriff, to Samuel Vance for 200 acres of land sold by the said Sheriff as the property of Sarah Smith, was acknowledged in open Court by the said John Allen and ordered to be registered.

 

On motion of the Isaac Lanier by his attorney to have a bill of sale from Thomas Clinton deceased to himself for several Negroes admitted to probate and registered, opposed by the counsel for the widow of the said deceased.

Present Joshua Williams, Tapley Maddox, William Outlaw, John Chambers and Joseph Gray, Esqr.  After argument of counsel being heard on both sides, it is considered by the Court that they would hear testimony concerning the same. Joshua Williams Esq. being sworn, he says he was acquainted with the handwriting of the two witnesses to said bill of sale, and the signatures of the witnesses to the bill of sale now produced look very much like their handwriting. Duncan McRae being also sworn says he served as deputy Sheriff under John Jennings whose name is subscribed as a witness to the said bill of sale, and believes the said signature to be the handwriting of the said John Jennings, and he also was well acquainted with the handwriting of John Hattaway the other subscribing witness, and believes the signatures to be his handwriting, and that he also saw the said (p. 161) John Hattaway on his way to Georgia, where he has since heard he arrived but that he does not know where he now lives, but has never heard of his removal from there. 

Abraham Belyeu being also sworn says he lived in Anson County and acted as Constable twenty-odd years and was well acquainted with John Jennings and John Hattaway both.  Mr. Hattaway was a merchant and Justice of the Peace, and Mr. Jennings was a Justice of the Peace and afterwards Sheriff. He frequently saw them sign their names and that the names subscribed as witnesses to the bill of sale in question he believes to be their handwriting.

Joseph Colson being also sworn says that he was well acquainted with both the subscribing witnesses to the said bill of sale and frequently saw them write their names and he believes the names subscribed to said bill of sale as witnesses is in the handwriting of the said John Hattaway and John Jennings. Thomas Lanier being also sworn says he was acquainted well with the subscribing witnesses to the bill of sale in question and believes the names subscribed to the same as witnesses to be the handwriting of the said John Hattaway and John Jennings, and he also saw the said John Jennings buried.

Asa Lanier also being sworn says he lived with the said John Jennings and acted as deputy Sheriff under him and (p. 162) he believes the name subscribed as a witness to the bill of sale in question to be his own handwriting.

Jesse Denson being also sworn says he was well acquainted with the handwriting of John Hattaway and John Jennings and Thomas Clinton and believes the names subscribed as witnesses to the bill of sale in question to be the handwriting of the said John Hattaway and John Jennings, and the signature to the same to be the handwriting of Thomas Clinton.

William Outlaw being sworn says he believes the signature to the said bill of sale to be the handwriting of the said Thomas Clinton. He also says some time in the year 1809 as he believes, he heard Thomas Clinton say the Negroes belonged to Isaac Lanier.

Whereupon it is ordered by the Court that the said bill of sale be admitted to registration, from which order of the Court the widow by her Council prays an appeal to the Circuit Court for the County of Stewart.

 

Ordered by the Court that Robert Cooper, Clerk of our said Court, be allowed fifteen dollars for his ex officio services for the last year, to be paid by the Trustee out of any monies in hand not otherwise appropriated.

 

Ordered by the Court that Samuel Lockert 4140 be exonerated from paying double tax for the year 1810, and also Major Figures for 1070 and (p. 163) also Bennet Barrow for 1733, the above tract to be exonerated from a double tax by paying the lawful taxes on the said land.

 

Ordered by the Court that Robert Cooper deliver the Register's books to the Register.

 

Ordered by the Court that the former County Trustee give up the books to the present Trustee.

 

Ordered by the Court that Duncan McRae have leave to return four town lots for the year 1809 and be exonerated from paying double tax.

 

Ordered by the Court that James H. Russell have leave to return eight lots in the town of Dover for the year 1809 and be exonerated from paying double tax.

 

Ordered by the Court that Robert Cooper have leave to return 12 town lots in Dover for taxation for the year 1810 and be exonerated from paying double tax.

 

Ordered by the Court that Joseph Gray Junior be appointed guardian for all the children of Sampson Trammel deceased, who comes into Court and enters into bond in the sum of one thousand dollars, with David McNatt, James Mallory and John Hodges his securities, conditioned for faithfully discharging his said guardianship.

 

(p. 164)

Ordered by the Court that James and William King have leave to return four town lots in the town of Dover for taxation for the years 1809 and 1810 and be exonerated from paying double tax.

 

Ordered by the Court that Larry Satterfield be appointed guardian to Cynthia Satterfield his infant daughter, he giving bond in the sum of one thousand dollars with William Haggard and Philip Hornberger securities for the faithful discharge of his said guardianship.

 

Ordered by the Court that Elizabeth Clinton have letters of administration in the estate of Col. Thomas Clinton deceased, who came into Court and entered into bond in the sum of five thousand dollars, with Henry Pugh, James H. Russell, Duncan McRae and Michael Molton her securities, conditioned for faithfully administering, and took the oath prescribed by law.

 

Ordered by the Court that Mackey McNatt be exonerated from paying double tax on three black polls for the year 1809 by paying the lawful taxes.

 

Tapley Maddox comes into Court and enters into bond in the sum of $3000, with Charles Polk and Henry Pugh his securities, conditioned for faithfully discharging the duties of his office as Trustee.

 

(p. 165)

Power of attorney, Nathaniel Denson to Jesse Denson, was proven in open Court by the oath of William Outlaw and Robert Cooper, subscribing witnesses thereto, and ordered to be registered.

 

Deed of conveyance, John House to Hamblin Manly for three hundred and fifty acres of land was proven in open Court by Jesse Turner, one of the subscribing witnesses.

 

Deed of conveyance, Henry Pugh to Thomas Haywood for 1185 acres of land in four tracts was acknowledged in open Court by the said Henry Pugh and ordered to be registered.

 

Deed of conveyance, Henry Pugh to John Haywood for 1185 acres of land in four tracts was acknowledged in open Court by the said Henry Pugh and ordered to be registered.

 

Deed of conveyance, Walter Stewart to William Brigham for two hundred and fourteen acres of land was proven in open Court by the oaths of James Tagert and John Hervey, subscribing witnesses thereto, and ordered to be registered.

 

Joel Williams comes into Court and enters into bond in the sum of three thousand dollars, with Joshua Williams, Charles Polk and Joseph Gray Jr. his securities, conditioned for faithfully discharging the duties of his office as Register.

 

(p. 166)

Deed of gift, James Howell to William Howell, was acknowledged in open Court by the said James Howell and ordered to be registered.

 

George Petty comes into Court and resigns his commission as a Justice of the Peace, which is ordered to be certified.

 

Assignment of two hundred acres of an occupant claim from James Ross to William McClure was proven in open Court by the oath of Warren Faulkner, a subscribing witness thereto.

 

Deed of conveyance from Bryant Oneal and James Gatlin, executors of Thomas Smith, to William Outlaw and William Pryor was proven in open Court by the oath of Robert Cooper, a subscribing witness thereto.

 

Deed of gift, Mackey McNatt to Sarah Brandon, was proven in open Court by the oath of David McNatt and John Hodges, subscribing witnesses thereto, and ordered to be registered.

 

On motion of William McClure by his attorney to mitigate a fine imposed on him last term, after argument being heard thereon it is ordered by the Court that the fine be reduced to ten dollars.

 

(p. 167)

John Allen Esquire, Sheriff of said County, reports to the Court that the following tracts of land were not given in for taxation in said County for the year 1809 and are therefore subject to double tax, to wit,

 

James McMurtree, 109 acres, Blue Creek of Duck River, warrant No. 133

James Morrow, 228 acres, Richland Creek of Tennessee River, warrant No. 4448

Joel Lewis, 640 acres, North waters of Tennessee River, warrant No. 272

Joseph Tilmon, 640 acres, North waters of Tennessee River, warrant No. 109

Willoughby Williams, 1000 acres, Richland Creek of Tennessee River, granted on warrant No. 2623

Willoughby Williams, 1000, White Oak Creek of Tennessee River, granted on warrant No. 2627

James Richards heirs, 640 acres, Blount's Creek of Tennessee River, granted on warrant No. 2029

Abel Mosslander, 2560 acres, North side of Tennessee River, warrant No. 851

James Jois, 640 acres, Trace Creek, granted

James Tucker, 640 acres, Trace Creek, granted

James Coghlin, 1000 acres, Trace Creek of Tennessee River, granted warrant No. 2626

Thomas Blount, 640 acres, Trace Creek of Tennessee River, granted on warrant No. 1354

George Doherty, 640 acres, North waters of Tennessee River, granted warrant No. 424

Robert Broomfield, 1000 acres, North waters of Tennessee River, granted warrant No. 770

(p. 168)

James King's heirs, 640 acres on North waters of Tennessee River, warrant No. 545

Joseph Tilmon, 1000 acres, North waters of Tennessee River, warrant No. 434

John Allen, 640 acres on Tennessee River, granted on warrant No. 377

John Blaimer, 640 acres, North waters of Tennessee River, warrant No. 1024

Briant Whitfield, 640 acres, North waters of Tennessee River, granted on warrant No. 377

Richard Brown, 100 acres, Hurricane Creek of Duck River, an occupant

Edward King's heirs, 114 acres, Blue Creek of Duck River, warrant No. 3814

William Peacock, 100 acres, Blue Creek of Duck River, occupant

Hezekiah Johnson, 204 acres, Hurricane Creek of Duck River, occupant

Richard White, 120 acres, Hurricane Creek of Duck River, occupant

James Gwin, 281 acres, Hurricane Creek of Duck River, occupant

Preston Nuner, 125 acres, Hurricane Creek of Duck River, an occupant

John White, 192 acres, Hurricane Creek of Duck River, an occupant

Richard White, 300 acres, Hurricane Creek of Duck River, an occupant

(p. 169)

Ezekiel Hutson's heirs, 240 acres, Hurricane Creek of Tennessee River, warrant No. 97

Nathaniel Skinner, 50 acres, warrant No. 4662

Nathaniel Skinner, 15 acres, warrant No. 4082

James Murray, 100 acres, waters of White Oak Creek, warrant No. 229

Asa Walker, 45 acres, West branch of Tumbler Creek of Duck River

Jesse Williams, 274 acres, Duck River, mouth of Tumbler Creek, warrant No. 4116

John Duning, 320 acres, Hurricane Creek of Duck River, warrant No. 174

Robert Duning, 640 acres, Hurricane Creek of Duck River, warrant No. 113

Henry Richard, 400 acres, Hurricane Creek of Duck River, warrant No. 5006

Jesse Williams, 274 acres on Duck River, warrant No. 4106

John Gwin, 228 acres on Duck River, warrant No. 4179

John Gwin, 340 acres, Duck River, granted on warrant No. 904

John McNairy, 228 acres on Duck River, warrant No. 4106

Hugh Williams, 228 acres on Duck River, mouth of Hurricane Creek

John Gwin, 320 acres, Blue Creek of Duck River, warrant No. 2445

Michael Santee, 200 acres on Duck River, warrant No. 48

(p. 170)

Abraham Davidson and William Brasher, 178 acres, Hurricane Creek of Duck River, warrant No. 4218

Sterling May, 220 acres, Hurricane Creek of Duck River, warrant No. 6947

James Dickson, 180 acres, Hurricane Creek of Duck River, warrant No. 241

Bartholomew Smith, 228 acres, Hurricane Creek of Duck River, warrant No. 4760

Andrew Simpson, 250 acres, Hurricane Creek of Duck River, warrant No. 474

John Price, 320 acres, Hurricane Creek of Duck River, warrant No. 3647

Richard White, 320 acres, Hurricane Creek of Duck River, warrant No. 5284

John Wright, 127 acres on Hurricane Creek of Duck River, warrant No. 4047

John Wright, 93 acres, Hurricane Creek of Duck River, warrant No. 4074

Andrew Simpson, 250 acres, White Oak Creek of Tennessee River, warrant No. 474

Andrew Simpson, 500 acres, White Oak Creek of Tennessee River, warrant No. 474

Sterling May, 100 acres, Hurricane Creek of Duck River

Thomas Whissuh, 213 acres, Richland Creek of Tennessee River

Michael Butler, 640 acres, Camp Creek of Duck River, warrant No. 648

(p. 171)

Philip Caho, 640 acres, Hurricane Creek of Duck River, granted on warrant No. 647

John H. Archer, 200 acres on the North fork of Blue Creek, warrant No. 2349

William Dennis, 100 acres, Blue Creek of Duck River, warrant No. 5

Bracken and Anderson, 333 acres, Hurricane Creek of Duck River

 

It is therefore ordered by the Court that judgment be severally entered up against the said lands for the amount of taxes costs and charges severally due thereon, and that the same be sold on the first Monday in November next and the succeeding day, agreeable to the Acts of Assembly in such case made and provided.

 

                                                                        Joshua Williams, Chairman

                                                                        Wm. Outlaw

                                                                        Jos. Gray Jr.

Court adjourned until tomorrow morning, 10 o'clock.

 

Wednesday, February 6th, 1811

Court met according to adjournment, present Joshua Williams, William Outlaw and Joseph Gray, Esqr.

 

Ordered by the Court that Orrin Jones be exonerated from paying double tax on one white poll for 1810 by paying the lawful taxes.

 

(p. 172)

John Smith                      )

vs.                                    )  Present Joshua Williams, William Outlaw & Joseph Gray, Esqr.

Charles W. Harrington  )

This day came the parties by their attorneys and thereupon came a jury, to wit, Thomas Boyt, Ephraim B. Davidson, Warren Faulkner, Hugh McMillan, Lemuel Smith, Noah Sinclair, George Martin Jr., Randall Leak, Adam McGee, Caswell Smith, Larry Satterfield and Isaac Starr, who being elected tried and sworn the truths to speak upon the issues joined, upon their oath do say they find the issues for the plaintiff and assess his damages by reason of the defendant's nonperformance of the assumptions in the declaration mentioned, to twenty dollars besides his costs by him about his suit in this behalf expended. Therefore it is considered by the Court that the plaintiff recover against the said defendant his damages aforesaid in form aforesaid assessed, besides his costs by him about his suit in this behalf expended.

 

Ordered by the Court that Abner Pearce, Collector of the public taxes for the year 1809, be exonerated from paying taxes on 840 acres of land given in for taxation for said year in the name of Edmond Yarborough through mistake.

 

(p. 173)

Ordered by the Court that the Sheriff summon Josiah Askew, George Petty, William Pearce, Abner Pearce, William M. Cooley, Jesse Denson, Elisha Askew, Isaac H. Ward, Arnold Thomason, John Parker, Stephen Parker, Charles Pistole, Benjamin Griffin, John Atkins, Richard Manly Jr., Richard Thomason and James Mallory to appear here at the next term to serve as jurors.

 

Deed of conveyance, Hugh F. Bell, administrator of Robert Nelson deceased, to Robert Cooper for two lots and some adjacent land in the town of Dover, was proven in open Court by the oath of Henry Pugh and John L. McRae, subscribing witnesses thereto, and ordered to be registered.

 

Power of attorney, Elizabeth Clinton, administratrix of Thomas Clinton deceased, to James H. Russell was proven in open Court by the oath of Henry Pugh and William Hadley, subscribing witnesses thereto, and ordered to be registered.

 

Deed of conveyance, John Landers to James Haynes for one hundred and ninety-two acres of land was proven in open Court by the oath of James H. Russell and James B. Reynolds, subscribing witnesses thereto, and ordered to be registered.

 

Ordered by the Court that William Brewer be exonerated from the payment of taxes on four black polls for the year 1810, it appearing to the satisfaction of the Court that he is charged therewith by mistake, and that he did not own nor was it rightfully subject to taxes for any black polls during said year.

 

(p. 174)

Samuel Johnson  )

vs.                         )  Original Attachment

Abraham Price    )

Ordered that Ded. Pots. or commissions issue to the plaintiff to take the depositions of Roger Oats, James Goodwin, James Evans of Wayne County Kentucky, James Montgomery and Hannah Mulka of Pulaski County Kentucky and John Sutton of Gerrard County Kentucky, and that notice be published in some newspaper printed at Clarksville or Nashville of the times and places of taking said depositions, the last publication to be 30 days at least before taking said depositions.

 

Abraham Davidson &      )

William Brasher’s lessee  )  Ejectment

vs.                                       )  Present Tapley Maddox, William Outlaw & Joseph Gray, Esqr.

Thomas Hambleton Jr.     )

This day came the parties by their attorneys and thereupon came a jury, to wit, Lewis Williams, Wilson Randle, John Lyndsey, Richard Ussury, Richard Swor, John Hagler, William Haggard, Reuben Elliott, Hiram Warnock, James Turpin, Isaac McKinney and James Haggard, who being elected tried and sworn the truth to speak upon the issues joined, upon their oath do say the defendant is not guilty of the trespass and ejectment in the plaintiff's declaration mentioned. Therefore it is considered by the Court (p. 175) that the defendant depart this Court without day and recover against the lessee of the plaintiff his costs about his defense in this behalf expended. And the plaintiff by their attorney prays an appeal to the Circuit Court.

 

Deed of conveyance, George Petty to Isaac Lanier for two lots in the town of Dover was acknowledged in open Court by the said George Petty and ordered to be registered.

 

Ordered by the Court that Thomas Williams be exonerated from paying double tax on one white poll for 1810 and pay the common tax.

 

Ordered that Henry Starr have leave to keep a Tavern at his house in Dover, who enters into bond in the sum of five hundred dollars with Philip Hornberger and Ephraim B. Davidson securities.

 

Power of attorney, Samuel Johnson to James H. Russell, was exhibited in open Court and ordered to be registered.

 

Amount current between the executors of Thomas Smith and the said estate was exhibited in open Court and ordered to be recorded.

 

(p. 176)

John Allen Esq., Sheriff and Collector of the public and County taxes for 1810, reports to the Court that the taxes remain due and unpaid on the following tracts of land in said County given in for the year 1810 and that the owners thereof have no goods and chattels in his County on which he can distrain for the same, viz.,

 

William R. Bell, 400 acres, White Oak Creek, part of Clement Lanier's tracts

John Baker, 875 acres, North side of Cumberland River, paid

William Carr, 400 acres, White Oak, part of C. Lanier

Major Shuman, 1070 acres

Nicholas Long, 7680 in 9 tracts, South side of Cumberland

William Marshall, 400 acres, part of C. Lanier's 3840

McClellan's heirs, 400 acres, part of C. Lanier's 3840

William Neely, 700 acres, North side of Cumberland

William Murray, 400 acres, Dyers Creek

William Tyrell, 1000 acres, a branch of the Saline Creek

Edward Yarborough, 3840 acres in the Barrens

Needham Whitfield, 100 acres, Piney fork of Red River

Needham Whitfield, 17 1/2, Dicks fork of Cross Creek

Thomas Berry, 914, Leatherwood Creek

Hillary Morris, 640, waters of Tennessee

John Brown, 1280 acres

Green Hill, 960 acres, North Cross Creek

John McAuslin, 1000 acres

(p. 177)

Hardy Bryan, 640 acres

James Moore and William Lyon, 500 acres, South side of Cumberland River

Curtis Gray, 253 acres, North Cross Creek

John Dunn, 200 acres

Sherwood Barrow, 640 acres

William Tait, 855 acres

John C. McLemore, 469 1/2

William Christmas, 637 2/3 acres

Robert Fenner, 2560 acres

John Gray Blount, 3830

James Fletcher, 347

 

It is therefore ordered by the Court that judgment be severally entered up against the aforesaid described lands for the amount of taxes costs and charges severally due thereon, and that the said lands be sold on the first Monday in November next or the succeeding day, or so much thereof as will severally satisfy the taxes costs and charges due thereon, agreeable to the Acts of Assembly in such case made and provided.

 

(p. 178)

Abner Pearce Esquire, Collector of the State and County for the year 1809, reports to this Court the taxes remain due and unpaid on the following tracts of land for the said year and the owners thereof have no goods and chattels on which he can distrain for the same, viz., 5760 acres in the name of Richard Long.

It is therefore ordered by the Court that judgment be entered up against the aforesaid land for the amount of taxes costs and charges due thereon and that the same be sold on the first Monday in November next or the succeeding day, agreeable to the Acts of Assembly in such case made and provided.

 

Administrators of Robert Nelson       )

vs.                                                       )  In Debt

The administrators of James Ritchie  )

This day came Hugh F. Bell, administrator of Robert Nelson deceased, and Thomas Clinton, one of the administrators of James Ritchie, being solemnly called came not. Whereupon it is suggested to the Court by the said Hugh F. Bell that since the last continuance of this cause the said Thomas Clinton has departed this life, which is not denied. On motion of said plaintiff is ordered by the Court that he have leave to proceed against William M. Cooley, surviving administrator, and Mary Ritchie, administratrix.

 

Court adjourned until to morning, ten o’clock.                        Jas. Tagert

                                                                                    Tapley Maddox

                                                                                    Jos. Gray Jr.

 

(p. 179)

Court met according to adjournment, Thursday, February 7th, 1811. Present Joseph Gray, James Tagert and Tapley Maddox Esqr., and William Outlaw.

 

Samuel Vance & John Bradley,  )

surviving partners,                        )  On Motion

vs.                                                 )

Henry Pugh                                  )

This day came the parties by their attorneys and it appearing to the satisfaction of the Court that heretofore, to wit, on the 7th day of February 1810, Samuel Vance and John Bradley obtained a judgment against Thomas Clinton for the sum of forty-three dollars and 5 1/3 cents debt, and seventy-nine cents damages and four dollars and fifty cents costs, for the satisfaction and payment of which judgment and costs within nine months the said Thomas Clinton and Henry Pugh gave bond, dated the 7th day of May 1810. And it also  appearing to the satisfaction of the Court that only twenty dollars of the said judgment has been paid and that Thomas Clinton has departed this life. On motion of the plaintiff by their attorney is considered by the Court that the plaintiff may proceed against the surviving obligor Henry Pugh and recover against the said Henry Pugh the sum of twenty-seven dollars and fifty-six cents together with interest thereon from the 7th day of February 1810 up to this time, besides their costs about their motion in this behalf expended.

 

James Tagert returns the tax list of Capt. Warden's company for 1811.

 

(p. 180)

James H. Russell  )

vs.                          )  Case

Thomas Clinton    )

This day came the said James H. Russell, and the plaintiff Thomas Clinton being solemnly called came not, whereupon the said James H. Russell suggests to the Court that since the last term of this Court the said Thomas Clinton has departed this life, and prays that he may be admitted to proceed against the administratrix and a writ of Sci. Fa. issue accordingly, returnable here next term, which is accordingly granted him.

 

On motion it is ordered by the Court that the administratrix of Thomas Clinton deceased sell the perishable property of the said deceased, advertising the same according to law.

 

Ordered by the Court that Hamlin Manly, Asa Atkins and James Mallory settle with Benjamin Edwards and John Lightfoot concerning the amounts of the orphan children of Randle, and make return to next Court.

 

William Christian  )  Trespass

vs.                            )  Motion in Arrest of Judgment

Thomas Bluitt         )  Present William Outlaw, James Tagert & Joseph Gray, Esqr.

After argument of counsel being heard, it is considered by the Court that the said Monday reasons are sufficient to arrest the judgment, and that the judgment be wholly arrested, and the defendant go home without day and recover against the said plaintiff his costs by him about his defense in this behalf expended.

 

(p. 181)

Ordered by the Court that Reuben Elliott be appointed a Constable, who came into Court and entered into bond in the sum of three thousand dollars, with Philip Hornberger and James Tagert his securities for the faithful performance in office etc. and took the oaths of office.

 

Transfer of an occupant claim for 200 acres of land from James Ross to William McClure was proven in open Court by the oath of Alexander Ross, one of the subscribing witnesses thereto, it having been before approved by the other subscribing witness and ordered to be certified.

 

Ordered by the Court that Benjamin Dunn be appointed overseer of the road from William Cooley's up Dyers Creek to the Barrens, and all the hands above Major Gray's on both sides of the Creek work under him.

 

Abraham Davidson &       )

William Brasher’s lessee  )  Ejectment

vs.                                       )  Motion for Appeal

Thomas Hambleton Jr.     )

This day came the plaintiff and entered into bond in the sum of five hundred dollars, with John Davidson and Allen Scruggs securities, for faithfully prosecuting his said appeal and by his files his reasons etc.

 

(p. 182)

James Haggard   )

vs.                        )

William Outlaw  )

This day came the parties and on motion of the defendant a dedimus potestatem is awarded him to take the deposition of Isaac H. Ward, to be entered in the said case, giving the opposite party ten days’ notice.

 

Jesse Denson           )  Case

vs.                            )  Present James Tagert, William Outlaw & Tapley Maddox, Esqr.

Philip Hornberger  )

This day came the parties by their attorneys, and by their consent it is ordered by the Court that this cause be continued. And on motion of the defendant a dedimus is awarded him to take the deposition of Charles Murphy of Christian County Kentucky, giving the opposite party 15 days’ notice.

 

Ordered by the Court that Henry Starr be allowed the sum of eight dollars and eighty-three cents for expenses about finding some prisoners in provisions etc., to be paid by the Trustee out of any monies in his hand not otherwise appropriated.

 

Court adjourned in Course.                                                      James Tagert

Test:  R. Cooper, clk.                                                              Tapley Maddox

                                                                                                Joseph Gray Jr.

 

(p. 183)

At a Court of Pleas and Quarter Sessions began and held for the County of Stewart at the courthouse in the town of Dover, present William Outlaw, James Tagert and Joseph Gray Esqr. on Monday May 6th 1811.

 

David McNatt and John Hodges, administrators of the estate of Mackey McNatt deceased, returned on oath an inventory of said estate and also a list of sales of the said estate, which is ordered to be recorded.

 

Nathan Ross and Dudley Williams and Joseph Neville, who were appointed to lay off one year’s provisions for the widow of Mackey McNatt, made return thereof which is ordered to be recorded.

 

John Ferrill, Cornelius Anderson and William Cherry, who were appointed to lay off provisions for the widow and children of Rice Reddick deceased, returned the said allotment which is ordered to be recorded.

 

Deed of gift from Frances Harris to Sarah and Rhoda Harris and Joshua Harris was proved in open Court by the oath of James Tagert and Joseph Lockhart, two of the subscribing witnesses thereto, and ordered to be registered.

 

Obligation from Yancey Thornton to John Gaston for a conveyance for three hundred and twenty acres of land was acknowledged in open Court by the said Yancey Thornton and ordered to be recorded.

 

Last will and testament of William Ross was proved in open Court by the oath of Charles Ross, Isaac Ross and Timothy Taylor, subscribing witnesses thereto, and ordered to be recorded.

 

(p. 184)

James Walker, the executor named in the last will and testament of William Ross, came into Court and qualified as executor.

 

Court adjourned for one hour.

 

Court met according to adjournment, present William Outlaw, James Tagert and Joseph Gray Esqr.

 

For reasons appearing to the satisfaction of the Court, on the affidavit of Richard Manly Jr. he is discharged from any further attendance as a juror this term.

 

Ordered that Duncan McRae, Robert Cooper and John Allen allot to Elizabeth Clinton, relict of Thomas Clinton deceased out of the estate of the said deceased, as much of said estate as they think will be sufficient to support her for one year.

 

Inventory of the estate of Thomas Clinton deceased, together with an account of the sales of the same, was produced in Court and sworn to by the administratrix and ordered to be recorded.

 

Obligation, Alexander Walker and John Cooper to Robert McKinney for a conveyance of the interest of Wykoff and Clark to a certain tract of land therein described was proved in open Court by the oaths of Isaac McKinney and Robert Walker, subscribing witnesses thereto and ordered to be recorded. Also a certificate on the back of said obligation, signed by said Robert McKinney, stating that Alexander Walker had fulfilled his part of said contract, was proved in open Court by the oath of Christopher Brandon and Joseph Ferguson, subscribing witnesses (p. 185) thereto, and ordered to be recorded.

 

Ordered by the Court that the next term of this Court, and every subsequent term, the Court will on the first day of the term take up the docket and proceed to try or continue the causes as they stand in order thereon, and that the Clerk make this order public by advertising the same at the courthouse door.

 

John Smith           )  Appeal

vs.                         )  Present William Outlaw, James Tagert & Joseph Gray, Esqr.

Hiram Warnock  )

This day came the parties by their attorneys, and on argument of the plaintiff's motion to dismiss his said appeal, it is considered by the Court that said appeal be dismissed and the plaintiff recover against the said defendant the sum of twenty-two dollars and a half, the amount of the judgment before the Justice of the Peace, together with interest thereon from the 26th day of March 1810 up to this date, besides his costs by him about his suit in this behalf expended.

And on motion of the defendant’s attorney for a certiorari to issue to the Justice of the Peace who granted the aforesaid judgment, it is agreed by the plaintiff's attorney that if a sufficient affidavit is filed any day of this term that the certiorari may issue.

 

Court adjourned until tomorrow morning, nine o'clock.

                                                                                                                        James Tagert

                                                                                                                        William Pryor

                                                                                                                        William Outlaw

Test:  Robert Cooper, Clerk

 

(p. 186)

Tuesday May 7th 1811

Court met according to adjournment, present William Outlaw, William Pryor and James Tagert, Esqrs.

 

Ordered by the Court that Josiah Horn have leave to return 110 acres of land for taxation for the year 1810 and be exonerated from double tax.

 

For reasons appearing to the satisfaction of the Court, it is ordered that Jesse Turpin be exonerated from paying for a stray horse taken up by him.

 

Ordered by the Court that William Atkins be appointed overseer of the road from the east corner of John Atkins fence to the forks of the Honey Fork, and the following hands work under him, Edmond Taylor, Jesse Gilbert Jr., Stephen Gilbert, John Taylor, Herbert Taylor, William Daniel, John Lee, Paul Howell, Thomas McGee, John Howard, Charles Matheny, Lewis Matheny and Abner Kelly work under him.

 

Ordered by the Court that Thomas French and John Dunn, Henry Gibson, William M. Cooley, William Pearce, Abner Pearce and Lewis Elliott view and mark a road from William Pearce's toward Hopkinsville, Christian County Kentucky, as far as the state line, and to make return to the next Court.

 

Ordered by the Court that William Outlaw have a license to keep an ordinary at the house (p. 187) he now occupies in Dover, who came into Court and entered into bond in the sum of two thousand dollars, payable to the Governor and his successors in office or their assignees, with William M. Cooley his security, conditioned for keeping his said ordinary agreeable to law etc.

 

Ordered by the Court that the Tavern rates in this County be as follows, viz., for each meal's victuals twenty-five cents, lodging twelve and a half cents, horse twenty-four hours fifty cents, single feed twelve and a half cents, single night thirty-seven and a half cents, half pint of whiskey twelve and one half cents, peach or apple brandy twelve and one half cents per half pint, French brandy or rum per half pint thirty-seven and a half cents, for a horse put into a stable for lot and not fed, six and a fourth cents.

 

Ordered by the Court that Joseph Smith be permitted to give in for taxation one lot in the town of Dover for the year 1809 and be exonerated from double tax.

 

Ordered by the Court that John Allen, Sheriff, be allowed the sum of forty dollars for his ex officio services up to this term, to be paid by the Trustee out of any monies in his hands not otherwise appropriated.

 

Ordered by the Court that Lewis Jackson be appointed overseer of the road from Drury Bird's to Market Mill instead of said Bird, and that all the hands that work under said Bird work under him.

 

(p. 188)

Ordered by the Court that George Farmer be appointed overseer of the road from the mouth of Cane Creek to the Grassy Spring on the east fork of Leatherwood Creek, and all the hands work under said Farmer as worked under Isaac H. Ward on said road.

 

The reviewers appointed last term to view and mark a road from Allen's old mill on the Saline to Dover returned that they had viewed the road and think the old way striking Cumberland River below the mouth of Dyers Creek the nearest and best way. Whereupon it is ordered by the Court that Nathan Ross be appointed overseer of the said road and the following hands work under him,  John G. Fletcher, John Stancil, Theoderick Wallace, Robert McKinney, Allen Scruggs, Elisha Scruggs, Bryant Byrd, George Bruton, William R. Sparkman, Henry Sparkman, Samuel Ross, Edward W. Reace, Prescott Crisp, Jesse Rascoe, John Lindsey and William Lindsey.

 

Jesse Denson    )  Case – Damages $1000

vs.                     )  Plea not Guilty & Justification

Samuel Vance  )  Present James Tagert, Tapley Maddox and Joseph Gray and William Pryor, Esqr.

This day came the parties by their attorneys and thereupon came a jury, to wit, William M. Cooley, William Pearce, Benjamin Griffin, John Atkins, John Parker, Elisha Askew, James Mallory, Abner Pearce, Anderson Andrews, Nathan Ross, Peter Kendall, Samuel Luton, who being elected tried and sworn the truth to speak upon the issues joined, upon (p. 189) their oath do say that they find the issues for the defendant. Therefore it is considered by the Court that the said defendant depart this Court without day and recover against the said plaintiff his costs about his defense in this behalf expended. From which verdict of the jury and judgment of the Court the plaintiff prays an appeal to the Circuit Court of Stewart County.

 

Nathan Ross, administrator of Rice Reddick deceased, returns on oath an inventory of said estate, also a list of sales, which is ordered to be recorded.

 

Personally came William McClure into open Court and acknowledged the execution of a deed of conveyance to Abel Rushing for ninety-seven acres of land, and it is ordered to be registered.

 

Personally came William McClure into open Court and acknowledged the execution of a deed of conveyance to John Cottingham for forty acres of land, which is ordered to be registered.

 

For reasons appearing to the satisfaction of the Court, it is ordered that Joseph Gray Jr. be exonerated from paying the appraised value of a stray cow taken up by him, and also the State and County taxes on a stud horse given in by him by the name of the Bellaire for this year, because he has since castrated him.

 

Court adjourned until tomorrow morning, nine o'clock.

                                                                                                Tapley Maddox

                                                                                                Joshua Williams

                                                                                                William Outlaw

Test:  R. Cooper

 

(p. 190)

Wednesday, May 9th 1811

Court met according to adjournment, present Joshua Williams, Tapley Maddox, William Outlaw, Esqr.

 

For reasons appearing to the satisfaction of the Court, on the affidavit of John Parker it is ordered that he be discharged from any further attendance as a juror this term.

 

Jurors to the Circuit Court, to wit,

John Hervey, Lewis Brock, Elijah Curtis, Robert W. Ellison, Nathaniel Curtis, John Randle, John Lightfoot, Isaac Lanier, David Grayson, Josiah Chambers, John Brigham, William McClure, Daniel Bohannon, Jesse Denson, William Brigham, Charles Williams, William Dowdy, William McGee, Drury Bird, George Petty, Abraham Phillips, Joseph Gray, William King, William Haggard, James Pryor, William Brewer, Henry Jackson Jr., Thomas French, Nathan Ross, John G. Fletcher, Henry Gibson, Lewis Elliott, Cornelius Anderson, Peter Kendall, Thomas Brigham, Nathan Skinner, John Acree, Josiah Outland and Thomas Manning.

 

It is ordered by the Court here that ferries in Stewart County receive the following fees, wagon team and driver seventy-five cents, man and horse six and one fourth cents, coach team and drivers thirty-seven and one half cents and footmen six and one fourth cents.

 

It is ordered by the Court here that Duncan McRae and John Scarborough be appointed to settle with Jesse Denson and William M. Cooley, the executors of Elijah Lancaster deceased, and make return to this term.

 

(p. 191)

Robert Cooper    )  Case - Certiorari

vs.                        )  Present Joshua Williams, Tapley Maddox, James Tagert & John Chambers.

William Cooper  )

This day came the parties by their attorneys and thereupon came a jury, to wit, William Pearce, Benjamin Griffin, John Atkins, Elisha Askew, James Mallory, Abner Pearce, Ephraim B. Davidson, Peter Kendall, Isaac, William McClure, Charles Robertson and Allen Scruggs, who being elected tried and sworn to try the issues joined in this cause, upon their oath do say that they find for the plaintiff the sum of forty-one dollars and seventy-eight cents, the debt, besides his costs about his suit in this behalf expended.

It is therefore considered by the Court that the plaintiff recover against the said defendant and James Tagert his security in his Bond for prosecuting his certiorari the aforesaid sum of forty-one dollars and seventy-eight cents, together with his costs about his suit expended, the defendant in mercy etc.

 

William Cooper  )  Assault & Battery

vs.                        )  Present John Chambers, Joseph Gray & Tapley Maddox, Esqr.

Robert Cooper    )

This day came the parties by their attorneys and thereupon came a jury, to wit, Benjamin Griffin, John Atkins, Elisha Askew, James Mallory, Abner Pearce, Hugh McMillan, Samuel Kennada, Joseph McCarty, Martin Wells, William, Philip Hornberger and John Scarborough, (p. 192) who being elected tried and sworn to try the issues joined in this cause, upon their oath do say that they find for the plaintiff in manner and form as charged in the plaintiff's declaration, and assess his damages to five dollars together with his costs about his suit in this behalf expended. It is therefore considered by the Court that the aforesaid plaintiff recover against the aforesaid defendant the sum of five dollars aforesaid by the jury aforesaid assessed, together with his costs about his suit in this behalf expended.

 

Ordered by the Court that David Scarborough be appointed overseer of the road in the room of Anderson Andrews, and the hands that work under said Andrews work under him.

 

On motion of James Haggard for a ferry across Cumberland River at the mouth of Dyers Creek, present Joshua Williams, Joseph Gray, William Pryor and John Chambers, Esqr., and the motion being opposed by William Outlaw in behalf of himself, Wilie Blount, Murfree's and Nelson's heirs, after argument of counsel being heard it is ordered by the Court that James Haggard have license to keep a ferry at said place, from which order of the Court William Outlaw on behalf of himself and others prays an appeal to the Circuit Court of Stewart County.

 

Ordered by the Court that George Brandon, Nathan Skinner, Moses Larissa, Cornelius Anderson, Allen Scruggs, Nathan Ross, George Bruton, (p. 193) Abel Olive and Isaac Brunson, or any five of them, view and mark a road from the County line at George Brandon's to Dover, and make return to next term.

 

Deed of conveyance from John House to Hamlin Manly for three hundred and fifty acres of land was proven in open Court by the oath of Richard Manly Jr., one of the subscribing witnesses thereto, not having been before approved by the other subscribing witness, and ordered to be registered.

 

Deed of conveyance from George Petty to William Haggard for one lot in Dover was acknowledged in open Court by the said George Petty and ordered to be registered.

 

Bill of sale, Samuel Doherty to Benjamin Downs Jr. for three feather beds and some other furniture was proven in open Court by the oath of Nathan Skinner, one of the subscribing witnesses thereto, and ordered to be registered.

 

Ordered by the Court that Peter Kendall, Joseph Gray Esqr., Caswell Smith, William M. Cooley, John Scarborough and Jonathan May be appointed to settle with John Lightfoot, guardian for the heirs of Payton Randle, and make report to next Court.

 

Ordered by the Court that Henry Starr be allowed seven dollars for furnishing Wyatt, Britt and the guard guarding them, with provisions.

 

Ordered by the Court that Josiah Askew, Bartholomew Murphy, Reuben Elliott, Drury Matthews and William Yarborough mark and view a road from Chambers’ mill to or near the mouth of Hurricane Creek on Tennessee.

 

Ordered by the Court that William Largent, William Largent Jr., Jeremiah Norrod, James Berry, (p. 194) James Sexton, Britton Sexton and William Randle view and mark a road from Dover to or near the mouth of Leatherwood Creek.

 

Ordered by the Court that the County tax for contingent expenses for the present year be twelve and one half cents on each hundred acres of land, each town lot twenty-five cents, on each black poll twenty-five cents, on each stud horse one dollar, on each white poll twelve and a half cents, on each merchant or pedlar or hawker five dollars.

 

Aaron Fletcher                                                         )  Present Joshua Williams, Tapley Maddox and

vs.                                                                              )  William Outlaw, Esqr.

William Davidson, John Edmondson & Peterson  )

It appearing to the satisfaction of the Court that heretofore, to wit, on the 7th day of February 1810, the said Aaron Fletcher obtained a judgment in this Court against the said William Davidson and Rowland Peterson the sum of one hundred and twenty-eight dollars and forty cents debt, and twelve dollars and eighteen cents for his damages and costs, for the satisfaction and payment of which said judgment and costs the said William Davidson, John Edmondson and Andrew Peterson entered into bond, bearing date the 20th day of April 1810. And it also appearing to the satisfaction of the Court that the said judgment has not been satisfied, on motion of the plaintiff by his attorney it is considered by the Court that the plaintiff recover against the said William Davidson, John Edmondson and Andrew Peterson the sum of one hundred and seventy-eight dollars and forty cents, together with interest thereon from the seventh (p. 195) day of February 1810 to this date, also the sum of sixty-two dollars and thirty-three cents, the costs of said judgment besides his costs by him about his motion in this behalf expended.

 

Samuel Vance & John Bradley,                                 )

surviving partners of Vance, King & Bradley           )  On Motion

vs.                                                                                )

William Pryor, William Haynes & Henry Jackson  )

This day came the said plaintiffs by their attorney, and it appearing to the satisfaction of the Court that heretofore, to wit, on the 7th day of February 1810, said plaintiffs recovered judgment in this Court against the said William Pryor for the sum of one hundred and forty-seven dollars and seventy-three cents including principal interest and costs, for the satisfaction of which judgment and the execution issued thereon the said William Pryor gave bond with said William Haynes and Henry Jackson his securities, bearing date the 28th day of March 1810. And it also appearing to the satisfaction of the Court that the said judgment has not been satisfied, on motion of the plaintiffs by their attorney it is considered by the Court that the plaintiffs recover against the said William Pryor, William Haynes and Henry Jackson the aforesaid sum of one hundred and forty-seven dollars and seventy-three cents together with interest thereon from the said 7th day of February 1810 till paid, and the costs by said plaintiffs about their motion here in this behalf expended.

 

(p. 196)

James & Washington Jackson,                     )

assignees of Samuel Thornton                     )  On Motion

vs.                                                                  )

William Hornberger, Philip Hornberger,  )

Charles B. Wilcox & Charles Pistole           )

This day came the said plaintiffs by their attorney, and it appearing to the satisfaction of the Court that heretofore, to wit on the 6th day of February 1810, the said plaintiffs recovered judgment in this Court against William Hornberger, Philip Hornberger and Thomas Clinton for the sum of seventy-three dollars and sixteen cents and four mills, including principal interest and costs, whereupon on execution being issued on said judgment, returnable here at May term 1810, the said William Hornberger and Philip Hornberger, with said Charles B. Wilcox and Charles Pistole their securities, and entered into bond dated the third day of May 1810, conditioned according to the Act of Assembly for the satisfaction of said judgment and costs within twelve months from the date aforesaid. And it also appearing to the satisfaction of the Court that the condition of said bond has not been performed, on motion of said plaintiffs by their attorney, it is therefore considered by the Court that the plaintiffs recover against the said William Hornberger, Philip Hornberger, Charles B. Wilcox and Charles Pistole, the aforesaid sum of seventy-three dollars sixteen cents and four mills, the amount of the judgment aforesaid and costs thereon, together with interest from said 6th day of February 1810 and the costs by said plaintiffs about their motion here in this behalf expended.

 

(p. 197)

Isaac McKinney                                                           )

vs.                                                                                  )  Motion to Stay Bond

Alexander Walker, Richard Blanton & Henry King  )

It appearing to the satisfaction of the Court that heretofore, to wit, on the sixth day of February 1810 the aforesaid plaintiff recovered against the aforesaid defendant a judgment in this Court for the sum of twenty-seven dollars sixty-one cents and one mill, for the satisfaction and payment of which said judgment and costs the said Alexander Walker, Richard Blanton and Henry King entered into bond bearing date 12th day of April 1810. And it also appearing to the satisfaction of the Court that the same has not been paid, on motion of the plaintiff by his attorney, it is considered by the Court that he recover against the aforesaid Alexander Walker, Richard Blanton and Henry King the aforesaid sum of twenty-seven dollars sixty-one cents and one mill, together with interest thereon from the aforesaid sixth day of February 1810 up to this time, and also the sum of one dollar and twenty-five cents, the costs of said execution besides his costs about his motion in this behalf expended.

 

McClure & Elder    )

vs.                             )

Benjamin Edwards  )

It appearing to the satisfaction of the Court that heretofore, to wit, on the 7th day of February 1810, the said plaintiffs obtained a judgment in this Court against Benjamin Edwards for the sum of one hundred and twenty dollars and ninety-three cents, for the satisfaction and payment of which the said Benjamin Edwards and (p. 198) Thomas Clinton gave bond, dated the eighth day of May 1810. And it also appearing to the satisfaction of the Court that the said judgment has not been paid and that since that time the said Thomas Clinton has departed this life, on motion of the plaintiff by their attorney it is considered by the Court that they recover against the said Benjamin Edwards the aforesaid sum of one hundred and twenty dollars and ninety-three cents, with interest thereon from the seventh day of February 1810 after this time, besides the costs of said execution and their costs about their motion in this behalf expended.

 

Ordered by the Court that Duncan McRae be allowed the sum of thirty-eight dollars and forty-one and three fourths cents for his trouble and expenses in ironing, guarding and finding provisions for Henry Wyatt and Josiah Britt while in the jail of this County.

                                                                                                            Joshua Williams

                                                                                                            James Tagert

                                                                                                            William Pryor

                                                                                                            John Chambers

Test:  R. Cooper, Clerk

 

(p. 199)

Thursday, May 9th 1811.  Court met according to adjournment, present James Tagert, John Chambers and William Pryor, Esqr.

 

Deed of conveyance, John Allen, Sheriff, to Henry Pugh for seven lots in the town of Dover was acknowledged in open Court by the said John Allen and ordered to be registered.

 

Deed of conveyance from John Scarborough to Henry Pugh for seven town lots in Dover was acknowledged in open Court and ordered to be registered.

 

Robert Cooper    )  A & B

vs.                        )  Present James Tagert, John Chambers & William Pryor, Esqr.

William Cooper  )

This day came the parties by their attorneys, and thereupon came a jury, to wit, Isaac Lanier, Jesse Denson, John Atkins, John G. Fletcher, Abner Pearce, Ephraim B. Davidson, Nathan Skinner, John Scarborough, John Fletcher, Elisha Askew, Samuel Luton and Benjamin Griffin, who being elected tried and sworn the truth to speak upon the issues joined retired to consider of their verdict, and after some time returned into Court and say they cannot agree in their verdict. Whereupon by consent of the parties Jesse Denson, one of the aforesaid jury, is withdrawn and the rest of the jury discharged from rendering a verdict in this case.

 

Jurors to County Court next term, Walter Brown, William Lyons, James Lee, Richard Thomason, John Matheny, Paul Howell, Thomas Smith, Randle Leek, Lemuel Smith, Joseph Smith, Bryant Oneal, Adam McGee, Philip Lewis.

 

(p. 200)

William Cooper  )  Case for Slander

vs.                        )  Present James Tagert, John Chambers & William Pryor, Esqr.

Robert Cooper    )

This day came the parties by their attorneys and on motion of the defendant by his attorney for a continuance, it is ordered by the Court that this cause be continued and a dedimus is awarded him to take the deposition of John Read of Caldwell County, State of Kentucky, to be read as evidence in this case, giving the opposite party ten days’ notice.

 

It is ordered by the Court that Burwell Lashley be admitted to keep a ferry on Cumberland River on his own land.

 

Ordered by the Court that a tax be laid on the following species of property, to wit, 6 1/4 cents on each white poll, 12 1/2 cents on each black poll, 6 1/4 cents on each hundred acres of land, 50 cents on each stud horse, two dollars and fifty cents on each merchant, pedlar or hawker, 6 1/4 cents on each town lot, for the purpose of paying jurors etc. for the year 1808 and also jurors to the Circuit Court.

 

Deed of conveyance from Hugh F. Bell, administrator of Robert Nelson deceased, to Joseph Taylor for two town lots in Dover was proven in open Court by the oath of Robert Cooper and William Haggard, subscribing witnesses thereto, and ordered to be registered.

 

(p. 201)

Personally came into open Court Joseph Taylor and acknowledged the execution of a deed of conveyance to Duncan McRae for two lots in Dover, and it is ordered to be registered.

 

Robert Cooper    )  A & B

vs.                        )  Present Joshua Williams, James Tagert, John Chambers & Tapley Maddox, Esqr.

William Cooper  )

This day came the parties by their attorneys, and thereupon came a jury, to wit, Martin Wells, Henry Pugh, Drury Bird, Anderson Andrews, William Pearce, Alexander Scarborough, Hugh McMillan, Daniel McMillan, Noel Haggard, John Warden, Dudley Williams and William Murray, who being elected tried and sworn the truth to speak upon the issues joined, upon their oath do say they find the issues for the defendant. Therefore it is considered by the Court that the defendant depart this Court without day and recover against the said plaintiff his costs by him about his defense in this behalf expended. From which verdict of the jury and judgment of the Court the plaintiff prays an appeal to the Circuit Court of Stewart County and enters into bond in the sum of two hundred dollars, conditioned for faithfully prosecuting said appeal etc., with Henry Gibson and Henry Pugh securities.

 

Joseph Shaw        )

vs.                         ) 

Pryor & Haynes  )

Dismissed by order of the plaintiff's attorney agreeable to the award, to wit, that each party pay their own costs etc.

 

(p. 202)

May 9th, 1811

 

It is ordered by the Court that Faulkner Elliott's ferry across Cumberland River be discontinued, present Joshua Williams, James Tagert, Tapley Maddox, William Pryor, John Chambers, Esquires.

 

Abel Olive’s lessee  )  Ejectment

vs.                             )  Present the Court above.

Samuel Luton          )

This day came the parties by their attorneys and after argument of counsel being heard it is the opinion of the Court that the award be set aside and the cause is continued.

 

On motion of Henry Pugh, present Joshua Williams, James Tagert, Tapley Maddox, William Pryor and John Chambers Esqr., it is ordered by the Court that he have leave to keep a ferry across Cumberland River where he has made a landing place opposite to his house, from which order William Outlaw prays an appeal etc.

 

Burwell Lashley comes into Court and enters into bond with Joseph B. Neville and Dudley Williams securities in the sum of five hundred dollars for faithfully keeping a ferry across Cumberland River.

 

Inventory and account of sales of the estate of James Jenkins deceased was returned on oath by Larry Satterfield, the administrator, and ordered to be recorded.

                                                                                                            Joshua Williams

                                                                                                            James Tagert

                                                                                                            John Chambers

                                                                                                            Tapley Maddox

 

(p. 203)

Friday, May the 10th, 1811

 

Court met according to adjournment, present Joshua Williams, James Tagert, Tapley Maddox and John Chambers, Esqr.

 

Jesse Denson    )

vs.                     )  Case

Samuel Vance  )

Jesse Denson comes into Court and enters into bond with John Chambers and Nathan Skinner securities in the sum of two hundred fifty dollars, for prosecuting his appeal and filed his reasons etc.

 

William Outlaw comes into Court and enters into bond in the sum of two hundred and fifty dollars, with Philip Hornberger and Duncan McRae securities, for prosecuting an appeal to the Circuit Court of Stewart County from the order of this Court granting Henry Pugh a ferry across Cumberland River, and filed his reasons etc.

 

William Outlaw, on behalf of Robert Nelson's heirs, the heirs of Hardy Murfree and Wilie Blount, comes into Court and enters into bond in the sum of two hundred dollars, with Philip Hornberger and Duncan McRae securities, for prosecuting an appeal to the Circuit Court of Stewart County from the order of this Court granting James Haggard a ferry across Cumberland River, and filed his reasons etc. which is granted him accordingly.

 

William Cooper  )  Case

vs.                        )  Present Joshua Williams, Tapley Maddox, James Tagert & John Chambers, Esqr.

Robert Cooper    )

On motion of the defendant in this case for a new trial, after argument of counsel being heard it is ordered by the Court that a new trial be granted.

 

(p. 204)

On motion of John Scarborough, it is ordered by the Court that he have license to keep an ordinary at his house in Dover, who comes into Court and enters into bond in the sum of two thousand dollars with William M. Cooley and Henry Pugh securities, for keeping said ordinary agreeable to law.

 

Henry Pugh comes into Court and enters into bond in the sum of two thousand dollars with William Cooley and John Scarborough securities, for keeping a ferry across Cumberland River opposite to his house etc.

 

On motion of William Outlaw, present Joshua Williams, James Tagert, Tapley Maddox and John Chambers Esqr., for a ferry across Cumberland River below the mouth of Dyers Creek, it is ordered by the Court that license for said ferry be granted, and the said William Outlaw comes into Court and enters into bond in the sum of one thousand dollars with Philip Hornberger and William Hadley securities for keeping said ferry according to law etc.

 

Ordered by the Court that Henry Pugh, Abner Pearce, Nathan Skinner, William M. Cooley, Joseph Gray Jr. and William Pearce view and mark a road from William Pearce's to Cumberland River below the mouth of Dyers Creek, and to make a return to next term.

 

(p. 205)

Ordered by the Court that Henry Pugh, James H. Russell and Duncan McRae settle with the administrator of Sampson Trammel deceased and make return to next term.

 

Alexander Richardson,                                                    )  In Debt

surviving partner of Van Trigg, King and Richardson  )  Present Joshua Williams, Joseph Gray and

vs.                                                                                      )  John Chambers, Esqr.

William Outlaw                                                                )

This day the parties by their attorneys and thereupon came a Jury, to wit, George Petty, James Mallory, Abner Pearce, William M. Cooley, Henry Pugh, Nathan Skinner, William Pearce, John Atkins, Ephraim B. Davidson, Samuel Luton, William R. Sparkman and William Donnahoo, who being elected tried and sworn the truth to speak upon the issues joined, upon their oath do say they find for the plaintiff the sum of one hundred and two dollars and eight cents, the debt in the declaration mentioned, and assess their damages by reason of the detention of the same to eight dollars and seventy-six cents besides his costs.

Therefore it is considered by the Court that the plaintiffs recover against the said defendant the debt and damages aforesaid in form aforesaid assessed, besides their costs by them about their suit in this behalf expended.

 

(p. 206)

Jesse Denson            )  Case

vs.                             )  Present Joshua Williams, James Tagert and Tapley Maddox, Esqrs.

Philip Hornberger  )

On motion of the defendant by his attorney, a dedimus potestatem is awarded him to take the deposition of Charles Murphy of Christian County Kentucky, to be read as evidence in this case, giving the opposite party ten days’ notice.

 

Elisha Askew  )  Case for Words

vs.                    )  Present Joshua Williams, James Tagert and Tapley Maddox, Esqrs.

Drury Bird      )

This day came the parties by their attorneys and thereupon came a jury, to wit, George Petty, James Mallory, Abner Pearce, William M. Cooley, Henry Pugh, Philip Hornberger, William Pearce, John Atkins, Ephraim B. Davidson, Peter Kendall, Simon Fletcher and William Donahoo, who being elected tried and sworn the truth to speak upon the issues joined, upon their oath do say the defendant is not guilty of speaking and publishing the slanderous words of and about the plaintiff as set forth in the plaintiff's declaration. Therefore it is considered by the Court that the defendant depart this Court without day and recover against the said plaintiff his costs by him about his defense in this behalf expended. Motion for new trial entered by plaintiff's attorney etc.

 

(p. 207)

Ordered by the Court that John McRae be allowed the sum of eleven dollars and twenty-five cents for services rendered the State in guarding prisoners etc. and that the Trustee pay the same out of any monies in his hands not otherwise appropriated.

 

Samuel Johnson  )

vs.                         )  Original Attachment

Abraham Price    )

On motion of the plaintiff by his attorney it is ordered by the Court that the order for taking depositions made last term be extended and made returnable here next term.

 

Hugh F. Bell, administrator of Robert Nelson deceased  )  In Debt

vs.                                                                                      )  Demurrer & Plea Joined

James Ritchie’s Administrator and Administratrix          )

This day came the parties by their attorneys and by their consent it is ordered by the Court that the demurrer be overruled and that the plaintiff recover against the said defendants the sum of one hundred and twenty-five dollars together with interest thereon from the twenty fifth day of December 1808 until paid, besides his costs by him about his suit in this behalf expended.

 

James Haggard, who obtained an order this term for a ferry across Cumberland River at the mouth of Dyers Creek, comes into Court and enters into bond in the sum of two thousand dollars, with Drury Bird and Anderson Andrews his securities, for faithfully keeping said ferry etc.

 

(p. 208)

 

William Cooper  )

vs.                         )  Case for Words

Robert Cooper    )

On motion of the plaintiff by his attorney, a dedimus potestatem is awarded him to take the depositions of Abraham Franklin and Whitmill Craft and John Moore of Christian County State of Kentucky, giving the opposite party ten days’ notice.

 

Ordered by the Court that Henry Pugh, James H. Russell, Joshua Williams Esq. and Joseph Gray Esq. settle with the surviving administrator and administratrix of James Ritchie deceased and make return to next term.

 

Ordered by the Court that Joseph Gray Esq., Joshua Williams Esq. and Henry Pugh settle with the administrators of William Allen deceased and make return to next term.

                                                                                                            Joshua Williams, Chairman

                                                                                                            Joseph Gray

                                                                                                            James Tagert

 

(p. 209)

At a Court of Pleas and Quarter Sessions began and held for the County of Stewart at the courthouse in the town of Dover on Monday the fifth day of August 1811, present William Outlaw, James Tagert and William Pryor, Esqrs.

 

Ordered that Yancey Thornton have leave to keep an ordinary at his house in the town of Dover, who comes into Court and enters into bond in the sum of one thousand dollars, with Martin Wells and Philip Hornberger securities, conditioned for keeping an orderly house etc.

 

Ordered that James Pryor be appointed overseer of the road in the room of William Brewer and the same hands work under him that worked under said Brewer.

 

Deed of conveyance from Jacob McCarthy to Yancey Thornton for four acres of land was proved in open Court by the oath of James Tagert and Philip Hornberger, subscribing witnesses thereto, and ordered to be registered.

 

Deed of conveyance, John Eastiss to Elizabeth Massey for four hundred and forty-two acres of land was proven in open Court by the oath of James Tagert and John Kizer, subscribing witnesses thereto, and ordered to be registered.

 

Power of attorney, Jacob McCarthy to James Tagert, was proven in open Court by the oath of John Kizer and Joseph McCarty, subscribing witnesses thereto, and ordered to be registered.

 

(p. 210)

Bill of sale from Abel Rushing to Robert W. Ellison for a Negro woman was proved in open Court by the oath of Yancey Thornton, a subscribing witness thereto, and ordered to be registered.

 

Ordered that Joel Cooley be appointed overseer of the road in the room of John S. Venters and the same hands work under him.

 

Ordered by the Court that John Jackson be appointed overseer of the road in the room of James Wyatt and the same hands work under him.

 

Ordered by the Court that Isaac Lowry be appointed overseer of the road in the room of Orren Jones and that the same hands work under him.

 

Ordered by the Court that James Tagert be appointed overseer of the road in the room of Noah Sinclair and the same hands work under him.

 

Deed of conveyance, John Depriest to John Atkins for one hundred and fifty acres of land was proved in open Court by the oath of G. W. Atkins and William Atkins, subscribing witnesses thereto, and ordered to be registered.

 

James Walker, executor of the last will and testament of William Ross deceased, exhibited in open Court an inventory and list of sales of the said deceased's estate, which is ordered to be recorded.

 

Last will and testament of Richard Thomason was proved in open Court by the oath of John McGregor and Jesse Stone, subscribing witnesses thereto, and ordered to be recorded.

 

(p. 211)

Power of attorney, Jacob McCarthy to Joseph McCarty was proved in open Court by the oath of James Tagert and John Kizer, subscribing witnesses thereto, and ordered to be registered.

 

Deed of conveyance, Joseph McCarty to John Wofford for two hundred acres of land was acknowledged in open Court by the said Joseph McCarty and ordered to be registered.

 

Deed of conveyance, Martin Wells to John Wofford for 154 acres of land was acknowledged in open Court by the said Martin Wells and ordered to be registered.

 

Ordered by the Court that Cornelius Anderson be appointed overseer of the road from George Brandon's to Dover and that Burwell Phillips, George Brandon and hands, Moses Larissa and hands, Nathan Skinner and hands, Caleb Boseman, Joseph Gray, Philip Hart, John Hodges, David, Benjamin and Solomon McNatt, James Alderson, Samuel Luton and hands, Isaac Brunson's hands, John Manning and hands, John Denson and hands, Joseph Miller, Johnson's hands, William Hubbard, John Brown and Samuel Tump work under him.

 

Transfer of an entry of twenty acres of land on warrant No. 4197 from Richard Martin to George Martin was acknowledged in open Court and ordered to be registered.

 

Court adjourned until tomorrow morning, nine o'clock.

                                                                                                            Joshua Williams

                                                                                                            James Tagert

                                                                                                            William Pryor

                                                                                                            William Outlaw

 

(p. 212)

Tuesday, August 6th, 1811

Court met according to adjournment, present Joshua Williams Esq., James Tagert, William Pryor and William Outlaw Esq.

 

Ordered by the Court that Nathan Skinner, David McNatt, Benjamin McNatt, Solomon McNatt, John Hodges, John Jones view and mark a road from Thomas Brigham's ferry to intersect a road at Nathan Skinner's leading from George Brandon's to Dover and make return to next term.

 

Ordered by the Court that Joseph B. Neville, Ephraim B. Davidson, John Acree, Isham Sills, William Pryor, William Haynes and William Sills view and mark a road from the mouth of Saline Creek on Cumberland River to Ephraim Davidson's mill on Tennessee River and make return to next term.

 

Ordered that Henry E. Coleman have leave to return six hundred and forty acres of land on White Oak Creek for the present year and be exonerated from double tax.

 

Henry Pugh, one of the commissioners appointed to settle with the administrators of William Allen deceased, returned said settlement.

 

Ordered by the Court that Josiah Outland have leave to return one white poll and fifty acres of land for the present year and be exonerated from paying double tax.

 

Ordered that Enos Outland have leave to return one white poll and one hundred acres of land for taxation for the present year 1811 and be exonerated from paying double tax.

 

(p. 213)

Tuesday, August 6th, 1811

 

William Cooper  )  Case Slander

vs.                        )  Present James Tagert, John Chambers & William Pryor, Esq.

Robert Cooper    )

This day came the parties by their attorneys and thereupon came a jury, to wit, James Lee, John McKinney, Randle Leek, Lemuel Smith, Adam McGee, Anthony Lee, David McNatt, David Hogan, Dennis Rushing, Robert Walker, William Green and Daniel McMillan, who being elected tried and sworn to try the issues joined in the cause, upon their oath do say that the defendant is guilty of the slanderous words spoken as the plaintiff by his pleading have alleged. Therefore they assess his damages to ten dollars besides his costs by him expended. Therefore it is considered by the Court that the plaintiff aforesaid recover against the defendant aforesaid the damages aforesaid together with his costs by him expended. The defendant in mercy etc.

On motion of the defendant by his attorney that the plaintiff be taxed with the cost of all the witnesses except Isaac McKinney, James Haggard, and by order of the Court the plaintiff is to pay all the witnesses in this cause except Isaac McKinney, James Haggard, William Pryor, William Haggard, George Petty and Jesse Denson, which the defendant is to pay.

 

(p. 214)

Tuesday, August 6th, 1811

 

It is ordered by the Court that William Clements as agent for the following persons, to wit, Bennet Barrow 1733 acres of land, Barrett's heirs 2000 acres of land, Maj. M. Figures 1170 acres of land, John Baker in two tracts 875 acres of land, William Clements 39 1/3 acres, which he is allowed to pay the common tax for the year 1811.

 

Ordered by the Court that William Cherry, Henry King and John G. Fletcher, John Cooper and Richard Blanton view and mark a road from Aaron Fletcher's to intersect the road leading from Allen's old mill to Dover and make return to next Court.

 

Ordered that Needham Whitfield have leave to return 117 acres of land for taxation in this County and be exonerated from paying double tax.

 

Ordered that Curtis Gray have leave to return 253 acres of land for taxation in this County for the present year and be exonerated from paying double tax.

 

Deed of conveyance, William McClure to Stephen Ogwin for 100 acres of land was acknowledged in open Court and ordered to be registered.

 

Deed of conveyance, William McClure to Andrew Hendricks for 64 acres of land was acknowledged in open Court and ordered to be registered.

 

Deed of conveyance, William McClure to James Neel for 200 acres of land was acknowledged in open Court and ordered to be registered.

 

(p. 215)

Ordered that Lewis Elliott be appointed overseer of the road from Dover on towards Hopkinsville Kentucky, and Adam Smith, William Howell, John Smith, Frederick Smith, James Reynolds, Joseph Reynolds, Timothy Taylor, Charles Ross, Charles Howell, Andrew Baker & sons, William Herod?, Elijah Barnett work from the Barrens to the state line and the hands under Benjamin Dunn and Venters work from the Barrens to Cumberland River.

 

Ordered that James Flack have leave to return three hundred and sixty-five acres of land on Hurricane Creek for taxation for the present year and be exonerated from paying double tax.

 

Ordered that the heirs of Elijah Lancaster have leave to return fifty acres of land on Bee Branch for taxation for the present year and be exonerated from paying double tax.

 

Ordered that John McNairy have leave to return one thousand acres of land on Hickman's Creek and six hundred and forty on Cumberland River for taxation for the present year and be exonerated from paying double tax.

 

Ordered that John Lyndsey be appointed overseer of the road as marked from the mouth of Hurricane Creek to Chambers’ mill, and all the hands from Chambers’ mill to the mouth of the Creek except Chambers’ hands and Lewis Jackson's work under him.

 

Ordered that William Christmas, Robert Fenner and John C. McLemore have leave to return their said lands for taxation the present year as they enrolled them last year, and be exonerated from paying double tax.

 

(p. 216)

McClure & Elder  )  Appeal

vs.                           )  Present William Pryor, Joshua Williams & James Tagert, Esqr.

Joseph Gray Jr.      )

This day came the parties by their attorneys and thereupon came a jury, to wit, Bryant Oneal, Henry Gibson, Martin Wells, George Cathey, Isham Sills, Jesse Whitford, Hugh McMillan, Cleveland Hagler, Hamlin Manly, Thomas French, Charles Polk and Asa Atkins who being elected tried and sworn the truth to speak upon the matters in controversy between the parties, upon their oath do say they find for the plaintiffs in the sum of forty-five dollars debt and assess their damages by reason of the detention of the same to three dollars and twenty-five cents. Thereupon it is considered by the Court that the plaintiffs recover against the said defendant their debt and damages aforesaid in form aforesaid assessed besides their costs about their suit in this behalf expended.

 

Joseph Woolfolk  )  Debt - $250

vs.                         )  Present the Court above

Joseph Gray Sr.    )

This day came the parties by their attorneys and thereupon came a jury, to wit, Bryant Oneal, Henry Gibson, Martin Wells, George Cathey, Isham Sills, Jesse Whitford, Hugh McMillan, Cleveland Hagler, Hamblin Manly, Thomas French, Charles Polk and Asa Atkins who being elected tried and sworn the truth to speak upon the issues joined, upon their oath do say (p. 217) they find for the plaintiff the sum of two hundred and fifty dollars, the debt in the declaration mentioned, and assess his damages by reason of the detention of the same to twenty-four dollars. Therefore it is considered by the Court that the plaintiff recover against the said defendant his debt and damages aforesaid in form aforesaid assessed besides his costs by him about his suit in this behalf expended.

 

Joseph Woolfolk  )  Debt - $250

vs.                         )  Present Joshua Williams, John Chambers, James Tagert, Esq.

Joseph Gray Sr.   )

This day came the parties by their attorneys and thereupon came a jury, to wit, Bryant Oneal, Henry Gibson, Martin Wells, George Cathey, Isham Sills, Jesse Whitford, Hugh McMillan, Cleveland Hagler, Hamblin Manly, Thomas French, Charles Polk and Asa Atkins who being elected tried and sworn the truth to speak upon the issues joined, upon their oath do say they find for the plaintiff the sum of two hundred and fifty dollars, the debt in the declaration mentioned, and assess his damages by reason of the detention of the same to sixteen dollars & fifty cents besides his costs. Therefore it is considered by the Court that the plaintiff recover against the said defendant his debt and damages aforesaid in form aforesaid assessed besides his costs by him about his suit in this behalf expended.

 

(p. 218)

Frederick Stump  )  Debt

vs.                         )  Present Joshua Williams, John Chambers & William Pryor & James Tagert, Esqr.

Nathan Skinner    )

This day came the parties by their attorneys and thereupon came a jury, to wit, Bryant Oneal, Henry Gibson, Martin Wells, George Cathey, Isham Sills, Jesse Whitford, Hugh McMillan, Cleveland Hagler, Hamblin Manly, Thomas French, Charles Polk and Asa Atkins who being elected tried and sworn the truth to speak upon the issues joined, upon their oath do say they find for the plaintiff the sum of one hundred and seventeen dollars, the debt in the declaration mentioned, and assess his damages by reason of the detention of the same to eleven dollars & twenty-five cents besides costs. Therefore it is considered by the Court that the plaintiff recover against the said defendant his debt and damages aforesaid in form aforesaid assessed besides his costs by him about his suit in this behalf expended.

 

John Boyd                                                     )  In Debt

vs.                                                                  )  Present the Court above

Frederick Hyer’s admr. and administratrix  )

This day came the parties by their attorneys and thereupon came a jury of good and lawful men, to wit, Bryant Oneal, Henry Gibson, William M. Cooley, George Cathey, Isham Sills, Jesse Whitford, Hugh McMillan, Cleveland Hagler, Hamblin Manly, Thomas French, Charles Polk and Asa Atkins who being elected tried and sworn the truth to speak (p. 219) upon the issues joined, upon their oath do say they find for the plaintiff and assess his damages by reason of the detention of the debt in the declaration mentioned to twenty-two dollars & twenty cents. And that there is a balance of the principle of said debt justly due to the plaintiff of two hundred and seventy-four dollars and twelve and a half cents and that said Frederick in his lifetime paid the other part of said debt. Therefore it is considered by the Court that the plaintiff recover against the said defendants the said two hundred and seventy-four dollars twelve and one half cents, the said balance of said debt, together with his damages aforesaid in form aforesaid assessed and costs by him about his suit in this behalf expended.  Said debt and damages and costs to be levied of the goods and chattels rights and credits of said Frederick deceased in the hands of said defendants to be administered, if so much thereof they have, if not the said costs to be levied of the proper goods and chattels of said defendant.

 

William Outlaw’s Lessee  )  Ejectment

vs.                                       )  Present the Court above

John Williams                    )

This day came the parties by their attorneys and thereupon came a jury, to wit, Bryant Oneal, Henry Gibson, William M. Cooley, George Cathey, Isham Sills, Jesse Whitford, Hugh McMillan, Cleveland Hagler, Hamblin Manly, Thomas French, (p. 220) Charles Polk and Asa Atkins who being elected tried and sworn the truth to speak upon the issues joined, upon their oath do say the defendant is not guilty of the trespass and ejectment as the plaintiff in declaring have alleged.  Therefore it is considered by the Court that the defendant depart this Court without day and recover against the lessee of the plaintiff his costs by him about his defense in this behalf expended. From which verdict of the jury and judgment of the Court the plaintiff prays an appeal to the Circuit Court of Stewart County, and filed his reasons as follows, to wit, the verdict in this cause was contrary to right and the judgment contrary to law, inasmuch as the best title to the land in controversy is in the plaintiff, which in my opinion are sufficient reasons for the Court here to allow an appeal to the Circuit Court.   

                                                                        H. Minor         Louis George Washington Lent Marr

And comes into Court and enters into bond in the sum of five hundred dollars, with Henry Gibson and William M. Cooley his securities, for faithfully prosecuting his said appeal etc.

 

Ordered by the Court that James Mallory be appointed a Constable, who comes into Court and enters into bond in the sum of one thousand dollars, with William M. Cooley and Stephen Gilbert his securities, for his faithful performance in office etc.

 

(p. 221)

William Cooley  )

vs.                       )  Trespass

Isaac Brunson    )

This day came the parties and by their consent it is ordered that this cause be removed to the Circuit Court for the County of Stewart.

 

Court adjourned until tomorrow morning, nine o'clock.

                                                                                                            Joshua Williams, JP

                                                                                                            James Tagert, JP

                                                                                                            John Chambers, JP

                                                                                                            Joseph Gray, JP

 

Wednesday, August 7th, 1811

Court met according to adjournment, present Joshua Williams, James Tagert, Joseph Gray and John Chambers.

 

Ordered by the Court that James Tagert, Martin Wells, Joseph McCarthy, Hugh McMillan and Daniel McMillan view and mark a road from the county line near the Widow Ward's to intersect the road leading from Clarksville to Dover near Phillip Hornberger's and make return to next term.

 

William Pryor   )  Debt - $2000

vs.                       )  Present Joshua Williams, John Chambers & Joseph Gray, Esqr.

Henry Jackson  )

This day came the plaintiff by his attorney and the defendant being solemnly called came not. Therefore it is considered by the Court that the plaintiff recover against the said defendant the sum of eight hundred and twenty-seven dollars and eight cents, part of the debt in the declaration mentioned, together with interest thereon from the nineteenth day of September 1810 until paid, besides his costs by him about his suit in this behalf expended.

 

(p. 222)

Wednesday, August 7th, 1811

 

Ordered by the Court that Duncan McRae and John Scarborough settle with the executors of Elijah Lancaster deceased and make return to this term.

 

William Outlaw  )  In Debt

vs.                        )  On Motion

Robert Jarman    )  Present Joseph Gray, Joshua Williams & William Pryor, Esqrs.

This day came the plaintiff by his attorney, and it appearing to the satisfaction of the Court that heretofore, to wit, on the sixth day of May 1810 the plaintiff obtained a judgment against the defendant for the sum of one hundred and eight dollars and forty-one cents besides interest and costs amounting to two dollars and eighty-seven cents, for the satisfaction and judgment of which within twelve months the said Robert Jarman and Joseph Rogers entered into bond bearing date the 7th day of August 1810. And it also appearing to the satisfaction of the Court that the same has not been paid or any part thereof, therefore it is considered by the Court that the plaintiff recover against the said Robert Jarman and Joseph Rogers the sum of one hundred and eleven dollars 12 cents together with interest thereon from the said sixth day of May 1810 up to this time, besides his costs by him about his motion in this behalf expended.

 

James Mallory who was yesterday appointed a Constable came into Court and took the oaths of office according to law.

 

(p. 223)

Robert Jarman    )

vs.                        )  Present James Tagert, John Chambers & Joseph Gray, Esqr.

Joshua Williams  )

This day came the plaintiff by his attorney, and it appearing to the satisfaction of the Court that heretofore, to wit, on the 8th day of May 1810 the said plaintiff obtained a judgment against the said Joshua Williams for the sum of one hundred and sixteen dollars twenty-two cents including interest and costs, for the satisfaction and payment of which within twelve months the said Joshua Williams and Benjamin Edwards gave bond dated the 1st day of June 1810 agreeable to Act of Assembly in such case made and provided. And it also appearing to the satisfaction of the Court that the same have not been paid nor any part thereof, therefore it is considered by the Court that the plaintiff recover against the said Joshua Williams and Benjamin Edwards the aforesaid sum of one hundred and sixteen dollars and twenty-two and a half cents, together with interest thereon from the said 8th day of May 1810 until paid, besides his costs by him about his motion in this behalf expended.

 

James H. Russell               )

vs.                                      )  In Case

Thomas Clinton’s Admr.  )  Present Joshua Williams, Joseph Gray & John Chambers, Esqrs.

This day came the parties by their attorneys and thereupon came a jury of good and lawful men, to wit, James Lee, John Matheny, Randle Leek, (p. 224) Lemuel Smith, Adam McGee, Bryant Oneal, Anthony Lee, William Cooley, William Green, Aaron Fletcher, Martin Wells, Richard Cooley, who being elected tried and sworn the truth to speak upon the matters in controversy between the parties, upon their oath do say they find for the plaintiff and assess his damages by reason of the nonperformance of the several premises and undertakings by the said Thomas Clinton in his lifetime made to the said plaintiff the sum of one hundred and eighty-nine dollars and ninety-two and three fourths cents, besides his costs by him about his suit in this behalf expended.

Therefore it is considered by the Court that the plaintiffs recover against the said defendant the said sum of one hundred and eighty-nine dollars ninety-two and three fourths cents, the damages aforesaid in form aforesaid assessed, besides his costs by him about his suit in this behalf expended, to be levied of the goods and chattels rights and credits which were of Thomas Clinton deceased in the hands of said defendant, to be administered if such he hath.

 

Duncan McRae and John Scarborough, who were appointed to settle with the executors of Elijah Lancaster deceased, returned the said settlement.

 

Ordered that John White, Jacob Shilling, William Whitesides, William Connell, Abner Wright, George Berry, John Lightfoot, William Largent Sr., William Largent Jr., Berry Williams, John Randle, William Randle, (p. 225) William Andrews, Henry Norwood, James Bramblet, Sandford Bramblet, Henry Sexton, Lonnie Norwood, James Sexton, Britton Sexton, work on the road leading from Dover to the mouth of Leatherwood Creek and Jerry Norwood is appointed overseer of the same.

 

Richard Yarborough  )  Case

vs.                                )  Present John Chambers, Joshua Williams & James Tagert, Esquires

Thomas White            )

This day came the parties by their attorneys, and upon argument of the plaintiff’s demurrer to the defendant's plea in abatement, it is the opinion of the Court that the demurrer be overruled, and on motion of the plaintiff to amend his declaration, after argument thereon it is considered by the Court that the said declaration be amended and the defendant have until next term to plea anew to said declaration.

 

Elisha Askew  )  In Case

vs.                    )  Motion for New Trial

Drury Bird      )  Present Joshua Williams, James Tagert & Joseph Gray, Esqr.

This day came the parties by their attorneys, and after argument of counsel it is considered by the Court that a new trial be granted.

 

(p. 226)

Jurors to next November term

William Dunbar, James Dunbar, Philip Hall, Caleb Williams, Davis Yarborough, Jesse Gilbert, John Palmer, William Curl, Benjamin Bradford, William Wright, John G. Fletcher, John Aaron, John Finch, John Matheny and John Stancil.

 

John Smith                                                         )  Sci. Fa.

vs.                                                                       )  Present Joshua Williams, Joseph Gray & John Chambers

Hiram Warnock, bail for Charles Harrington  )

This day came the plaintiff by his attorney, and the defendant failing to appear and show cause why judgment should not be entered against him on said writ of Sci. Fa., therefore it is considered by the Court that the said plaintiff recover against the said Hiram Warnock the sum of twenty dollars, the amount of the original judgment, with interest thereon from the sixth day of February up to this time together with the costs of said judgment and costs of this writ of Sci. Fa., and that he have execution of said judgment and of the proper goods and chattels of the said Hiram Warnock.

 

William Pryor                  )

vs.                                      )  On Motion

Thomas Clinton’s admx.  )

Ordered by the Court that a writ of Sci. Fa. issue to Elizabeth Clinton, administratrix of Thomas Clinton, to appear here next term to show cause why judgment should not be entered up against her, returnable here next term.

 

(p. 227)

Ordered by the Court that John Boyd be appointed overseer of the road that turns out of the Dover road below Hickman Creek to Davidson's mill, and all the hands from John Wofford's, up Bear Creek, on Panther Creek and on Standing Stone work under him.

 

Ordered that Duncan McRae, James H. Russell and Henry Pugh settle with the administrator of Sampson Trammel deceased and make return to next term.

 

Ordered by the Court that Duncan McRae and John Scarborough settle with the administrator of Charles Harrington deceased and make return to next term.

 

Court adjourned in course.                                          Joshua Williams, JP

R. Cooper, Clk.                                                                       Joseph Gray, JP

                                                                                    James Tagert, JP

 

(p. 228)

At a Court of Pleas and Quarter Sessions began and held for the County of Stewart at the courthouse in the town of Dover on Monday the 4th day of November, 1811. William Outlaw appeared and took his seat and adjourned until tomorrow morning, nine o'clock.

                                                                                    Joshua Williams, JP

                                                                                    William Pryor, JP

                                                                                    Joseph Gray, JP

 

Tuesday, Nov. 5th, 1811.

Court met according to adjournment, present Joshua Williams, William Pryor and Joseph Gray, Esqr.

 

William Cooper  )

vs.                        )  A&B

Robert Cooper    )

This day came the plaintiff and defendant, and the plaintiff dismisses his said suit and each party agrees to pay half costs.

 

Robert Cooper     )

vs.                        )  A&B

William Cooper  )

This day came the parties by their attorneys, and the plaintiff dismisses his said suit by the defendant agreeing to pay half the costs.

 

Deed of conveyance, Henry Pugh to John Ferrill for sixty acres of land was acknowledged in open Court by the said Henry Pugh and ordered to be registered.

 

Deed of conveyance, Henry King to Charles King for 248 acres of land was acknowledged in open Court and ordered to be registered.

 

(p. 229)

Ordered that Walter Guild have the amount of the tax on one black poll for 1810 refunded to him by the County Trustee.

 

Ordered that John Chambers' hands be taken off the road John Jackson is overseer of and work under Lewis Jackson from Drury Bird's to said Chambers' mill, also George Cathey's hands.

 

Ordered that John McMillan have leave to return one hundred and twenty-five acres of land for taxation for the year 1811.

 

Ordered that Thomas McGee be appointed overseer of the road from Long Creek to Cross Creek and have the hands that worked under John Landers.

 

Jesse Denson           )  Case

vs.                            )  Present Joshua Williams, William Pryor & Joseph Gray, Esqrs.

Philip Hornberger  )

This day came the parties by their attorneys and on motion of the defendant by his attorney for a continuance, after argument of counsel being heard it is ordered by the Court that this cause be continued.

 

Ordered by the Court that Hannah Curtis have leave to return one hundred and fifty acres of land for taxation for the year 1811 and be exonerated from double tax.

 

For reasons appearing to the satisfaction of the Court, it is ordered that Caleb Williams be exonerated from paying taxes on a stud horse for the present year.

 

(p. 230)

Ordered that Henry King have leave to return three hundred and fifty acres of land, two black polls and one white poll for the present year.

 

Ordered that Joseph B. Lyons have leave to return six hundred acres of land for taxation for the present year and be exonerated from double tax.

 

William Pryor resigns his commission as a Justice of the Peace.

 

Rezin Danvage Esqr. produced a license to practice law in the state and is admitted to practice in this Court and took the necessary oaths.

 

Deed of conveyance, Henry Pugh to Nathan Ross for 358 acres of land was acknowledged in open Court and ordered to be registered.

 

Deed of conveyance, Walter Guild to John Mathewson for 100 acres of land was acknowledged in open Court and ordered to be registered.

 

Bill of sale, Anthony Lee to William Curl for some Negroes was acknowledged in open Court and ordered to be registered.

 

Deed of conveyance from Henry Pugh to Thomas Ross for three hundred and forty-two acres of land was acknowledged in open Court and ordered to be registered.

 

Deed of conveyance from William Curl to Anthony Lee for 263 acres of land was (p. 231) acknowledged in open Court and ordered to be registered.

 

Deed of conveyance from George Petty to William King for 137 1/2 acres of land was acknowledged in open Court and ordered to be registered.

 

Deed, William Outlaw to Henry Pugh, was proven in open Court by R. Cooper, one of the subscribing witnesses.

 

Ordered that Nicholas Long have leave to return six thousand four hundred acres of land for taxation for the present year and be exonerated from double tax.

 

A deed of conveyance from Henry Peterson to James Tunstall for 3840 acres of land was exhibited in open Court, having been proved and certified from Bertie County, North Carolina and ordered to be registered.

 

Deed of conveyance, William Outlaw to Henry Pugh was acknowledged in open Court and ordered to be registered.

 

On petition of the heirs of Mackey McNatt, it is ordered by the Court that Joseph B. Neville, Dudley Williams and Nathan Ross divide the land of the said deceased among the heirs and make return to next term.

 

Be it remembered that Green Hill filed a petition for amending or rectifying a mistake or mistakes in Grant No. 1071 from the State of North Carolina to him for 640 acres, by altering the distance in the first line (p. 232) from 162 poles to three hundred and fifty poles and in the third line 350 poles to be altered to one hundred and sixty-two poles.  It appearing to the satisfaction of the Court those mistakes have been committed, it is ordered that the Clerk so certify the same to the Secretary of State.

 

Ordered that John Shelby be exonerated from paying tax on six hundred and forty acres of land in the name of Jesse Roberts for 1811.

 

Clements & Co.  )

vs.                        )

Martin Wells       )

This day came the plaintiffs by their attorney, and it appearing to the satisfaction of the Court that heretofore, to wit, on the ____ day of November 1810 the plaintiff recovered a judgment in this Court against the said Martin Wells for the sum of _______, for the satisfaction and payment of which the said Martin Wells and ________ entered into bond dated the ____ day of ______, and it appearing to the satisfaction of the Court that the same has not been paid, it is considered by the Court that the plaintiffs recover against the said Martin Wells and _______ the aforesaid sum of _____ besides their costs about their motion in this behalf expended.

                                                                                                William Outlaw

                                                                                                Joshua Williams

                                                                                                Joseph Gray, JP

 

(p. 233)

At a Court of Pleas and Quarter Sessions began and held for the County of Stewart at the courthouse in the town of Dover on Monday the 3rd day of February 1812, present Joshua Williams, James Tagert and William Outlaw, Esqrs.

 

William King and John Kizer came into Court and took the oaths of office as Justices of the Peace and took their seats etc.

 

Ordered that Henry Hyde have leave to return 640 acres of land for taxation for the year 1811 and be exonerated from double tax.

 

Ordered that William Henry have leave to return 274 acres of land for taxation for the year 1811 and be exonerated from double tax.

 

Ordered that George Martin have leave to return 640 acres of land for taxation for the year 1811 and be exonerated from double tax, formerly sold in the name of Raybourn Gibbs.

 

Abel Olive’s Lessee  )

vs.                              )

Samuel Luton            )

This day came the plaintiff and on motion it is ordered by the Court that a commission be awarded him to take the deposition of Robert Prince and John Shelby of Montgomery County, de bene esse, to be read as evidence in said suit.

 

(p. 234)

Ordered by the Court that Burwell Lashley be appointed a Constable for said County, who comes into Court and enters into bond in the sum of two thousand dollars, with Silas Vinson and Allen Scruggs securities, conditioned for his faithfully executing his said office and took the oath of office etc.

 

Ordered by the Court that John Ferrill be appointed Constable for said County, who comes into Court and enters into bond in the sum of two thousand dollars, with Thomas Ross and Henry Pugh and Allen Scruggs securities for his faithful discharge of his duty etc. and took the oaths of office etc.

 

Ordered by the Court that Nathan Skinner have leave to keep an ordinary at his house on Shelby Creek, who comes into Court and enters into bond in the sum of five hundred dollars, with John Hodge and Ezekiel Cox securities etc.

 

Ordered by the Court that William Travis, Charles Pistole and Stephen Parker settle with the administrators of Elias Watson deceased and make return to next Court.

 

Deed of conveyance, John Allen, Sheriff to Henry Pugh for 1410 acres of land was acknowledged in open Court by said Allen and ordered to be registered.

 

(p. 235)

Ordered by the Court that David Bradford, William Outlaw, William Jones, William Kirksey and Crawford Bradford view and lay off a road from Oneal's ford on Long Creek the nearest and best way to intersect the road by William Kirksey's and Outlaw's old place, and that Travis Moore be appointed overseer of the same and Richard Swor, Charles B. Moore, Jacob Rawdon and William Griffin work under him.

 

John Scarborough and Duncan McRae returned a settlement with George Petty as administrator of Charles Harrington deceased, which is ordered to be recorded.

 

Last will and testament of Richard Smith was sworn to in open Court by the oath of James Lee, a subscribing witness thereto.

 

Ordered by the Court that John Allen be allowed a credit as Sheriff for a list of insolvents exhibited and sworn to by him, amounting to four dollars and 69 cents for the year 1810.

 

Personally came John Allen, Sheriff of this County, into open Court and acknowledged the execution of a deed of conveyance to Henry Pugh for 9500 acres of land and it is ordered to be registered.

 

(p. 236)

Ordered by the Court that John Hodges be appointed overseer of the road from George Brandon's to intersect the Dover road near Nathan Skinner's school house, and that Moses Larissa's hands, Nathan Skinner's, Philip Hart and David and Benjamin McNatt work under him.

 

Joseph B. Neville, one of the commissioners appointed to divide the lands of Mackey McNatt deceased, made return of said division which is ordered to be registered.

 

Ordered by the Court that John McNairy be exonerated from paying double taxes on 640 acres of land for the year 1811 and have leave to return the same for taxation for said year.

 

Ordered by the Court that Martin Wells be exonerated from paying double taxes on 184 acres of land on Barrett's Creek and 80 acres on Panther Creek and one white poll for 1811 and that he be admitted to list the same for said year.

 

Power of attorney from John Williams of the District of Arkansas and Territory of Louisiana, having been acknowledged and certified from said District, was exhibited in open Court and ordered to be registered.

 

Ordered by the Court that the Sheriff refund to Henry Pugh, for reasons appearing to the satisfaction of the Court, the State and County taxes on 4280 acres of land for the year 1810.

 

(p. 237)

The last will and testament of Robert W. Ellison was proven in open Court by the oath of Peter Buchanan and John Lowry, subscribing witnesses thereto, and ordered to be recorded, and Parry W. Humphreys, George West and Robert West, three of the executors therein named, came into open Court and were qualified on oath as executors.

 

On petition of Parry W. Humphreys, George and Robert West, executors of the last will and testament of Robert W. Ellison deceased, and also on the report of the Chairman of this Court favorable to said petition, all of which are this day filed, it is ordered by the Court that the mulatto boy in said petition mentioned, named Massina, be according to the prayer of the said petition, the will of the testator and the provisions of the Act of Assembly in that case made and provided, emancipated, discharged and forever set free, and entitled to all the privileges and immunities that other free peoples of color in the State are, said petitioner having given bond and security according to law which is filed of record etc.

 

(p. 238)

Ordered by the Court that the Sheriff summon William Dunbar, Philip Hall, James Dunbar, John Gaston, James Lee, Peter Kendall, William Curl, Martin Wells, Elijah Curtis, Samuel Curtis, John Warden, John Seal, Thomas Craig Jr., James Sessums, George Stagner, George Farmer, Hamlin Manly, John Lyndsey, Henry King, Thomas French, David Bradford, James Gray, Philip Hornberger, Nathan Skinner and Samuel Larimore to attend the next Circuit Court for the County of Stewart as Grand and Petit jurors.

 

Ordered by the Court that the Sheriff summon William McAllister, Nathan Thomas, Nathaniel Curtis, Thomas Lewis, Benjamin ______, Robert Lowry Jr., Josiah Askew, Elisha Askew, Aaron Fletcher, Adam McGee, Thomas McGee and William McGee, Bryant Oneal, Zachariah Oneal, Joseph Smith, Larry Satterfield, David Andrews, James Andrews, Samuel Yarborough, William Travis, Jesse Gilbert Sr., Caleb Williams, Thomas Randle, Richard Manly, Stephen Parker, John Weatherford to attend this Court next term as Grand and Petit jurors.

                                                                                                            Joshua Williams, JP

                                                                                                            James Tagert, JP

                                                                                                            William King, JP

 

(p. 239)

Tuesday, February 4th, 1812

Court met according to adjournment, present Joshua Williams, James Tagert and William King, Esqrs.

 

David Hogan came into Court and took the oaths of office as a Justice of the Peace etc.

 

Ordered by the Court that Robert Cooper, Clerk of the County Court, be allowed twenty-five dollars out of any monies in County Trustee's hands not otherwise appropriated for his ex officio services for the year 1811.

 

Ordered by the Court that Elisabeth Cain have leave to return 50 acres of land for taxation for the year 1811 and be exonerated from double tax etc.

 

Nathan Ross came into Court and took the oath of office as a Justice of the Peace etc.

 

Ordered by the Court that Joseph Smith have leave to return 137 1/2 acres of land as guardian for his infant daughter Jiney Smith and be exonerated from double tax for 1811, and also 100 acres and one town lot of his own for said year.

 

Ordered by the Court that James Tagert be exonerated from paying tax for 1811 on one black poll which it appears he is not entitled to pay etc.

 

Ordered that the Register be allowed the sum of fifteen dollars for stationery furnished by him for the use of the County etc.

 

(p. 240)

Martin Wells    )  Original Attachment

vs.                     )

John Williams  )

This day came the plaintiff by his attorney, and the defendant being solemnly called to come into Court and replevy his property attached, came not.  Therefore it is considered by the Court that the plaintiffs have judgment against the said defendant by default and a writ of enquiry is awarded him to enquire of his damages by a jury at next term, and the said plaintiff recover said debt to be discharged by the damages assessed by the jury.

 

Stephen Gilbert, one of the administrators of Elias Watson, returns a list of debts owing to said estate which is ordered to be recorded.

 

Robert Walker came into Court and took the oaths of office as a Justice of the Peace.

 

On motion of Rhaford Rutland and Rutherford Rutland, it is ordered by the Court that they have leave to return 1280 acres of land and two white polls for taxation for the year 1811 and be exonerated from paying double tax.

 

Ordered by the Court that Charles Robertson have leave to return 100 acres of land for taxation for 1811 and be exonerated from double tax.

 

Ordered that John Cottingham have leave to return 40 acres of land for taxation for the year 1811 and be exonerated from double tax.

 

(p. 241)

James R. McMeans was appointed County Solicitor without any opposition.

 

Ordered that the executors of the Elijah Lancaster sell as much of his property as will pay the balance of his debts.

 

Ordered that Simon Alderson have letters of administration of all and singular the goods and chattels rights and credits which were of Alexander Alderson deceased, who comes into Court and enters into bond in the sum of 1000 dollars, with Silas Vinson and William Haynes his securities for faithfully administering, and took the necessary oath.

 

Ordered that George Cathey have leave to return 80 acres of land for taxation for the year 1811 and be exonerated from double tax.

 

Ordered that the heirs of Mackey McNatt be exonerated from paying tax on 2 black polls for 1810.

 

Ordered that William Cherry be appointed overseer of the road from Aaron Fletcher's into the Dover road, and Aaron Fletcher's hands, Haywood's hands, Jesse Stancil, Isaac McKinney, Robert Walker, John Cooper, Alexander Walker, Copling, Henry King, Charles King, Asa Biggs and Charles Hooks work under him.

 

Ordered by the Court that James Tagert take the lists of taxable property in Capt. Warden's company, John Kizer in Capt. Rushing's company, David Hogan in Capt. Pearce's company, Tapley Maddox (p. 242) in Capt. Atkins company, Nathan Ross in his own company, John Chambers in Capt. Askew's company and also Capt. Lewis's company, William King in Capt. Gray's company, Robert Walker in Capt. Acree's company and also the enumeration in the said companies.

 

Deed of conveyance, Henry Pugh to Asa Biggs for three tracts of land was acknowledged in open Court and ordered to be registered, containing 60 acres.

 

Deed of conveyance, Hugh F. Bell, administrator of Robert Nelson, to James H. Russell for two lots in Dover was proved in open Court by the oaths of William Ezell and Cader Harrold, subscribing witnesses thereto, and ordered to be registered.

 

Ordered by the Court that William Dunbar, James Dunbar, Tapley Maddox, William Lyons, Philip Hall view and alter the road from Bradford's ferry to McCarty's ferry and make return to next Court.

 

Deed of conveyance, William Randle to Ozburn Randle for 250 acres of land was acknowledged in open Court by the said William Randle and ordered to be registered.

 

Ordered that Larry Satterfield have leave to return one white poll and 137 acres of land for taxation for the year 1811 and be exonerated from double tax.

 

(p. 243)

Deed of conveyance, John Allen, Sheriff, to William Thomason and Benjamin Bradford for 100 acres of land was acknowledged by said Allen in open Court and ordered to be registered.

 

Deed of conveyance, Caleb Williams to James Yarborough for 180 acres of land was acknowledged in open Court by said Williams and ordered to be registered.

 

Ordered that James Yarborough have leave to turn the road near the Indian Mount on North Cross Creek.

 

Ordered that William Randle, John Graham, John Gaston, Walter Brown, William Moore, Charles Purvis and Ozburn Randle view and mark a road from Ozburn Randle's to Alexander Trousdale's.

 

Jesse Denson, one of the executors of Elijah Lancaster, returns an inventory and account of sales of said estate.

 

John Allen Esq., Sheriff and Collector of the public and County taxes for the year 1811, reports to the Court that the taxes remain due and unpaid on the following tracts of land listed for taxation for the said year and that the owners thereof have no goods and chattels in his County on which he can distrain for the same, viz., John McNairy 2280 acres in different places, Joshua Hadley 2560 acres, Thomas Reeves 910 acres, Christopher Dudley (p. 244) 1200 acres, Solomon Kitt 640 S. side of Cumberland River, Solomon Kitts 640 N. side of Tennessee River, Solomon Kitts 640 N. side of Tennessee River, Solomon Kitts 640 N. side of Tennessee River, Solomon Kitts 640 N. side of Tennessee River, Solomon Kitts 640 N. side of Tennessee River, Thomas Hamilton 42 acres, Caleb Aldrige 48 acres, John Irwin 576 acres, John Lockhart 4608 acres Tennessee River, Hillary Morris 640 acres Cane Creek, John G. Blount 640 acres, granted to Jesse Cobb 640 acres, granted to Jesse Cobb 274 acres Dyer's Creek 1000 acres South side of Cumberland River 2048 acres North side of Cumberland River, James Caldwell 1813 acres on Tennessee River, Thomas Searcy 320 acres below White Oak, 320 acres below White Oak, William Weaks 83 acres Dyers Creek, John Brown 1280 acres, Duncan Stewart 2914 acres, James Goodrich 276 acres, the heirs of Simeon Williams 2495 acres, Needham Whitfield 117 acres, the heirs of Elijah Lancaster 50 acres, John McNairy 640 acres, William Christmas 637 2/3, Robert Fenner 2560 in different tracts, Alexander McKee 750.

Therefore it is considered by the Court that judgment be entered up against the said lands for the amount of taxes costs and charges due thereon and that the Sheriff sell the same, or so much thereof as will respectively pay the same, on the first Monday in November next at the courthouse in the town of Dover, agreeable to the Acts of Assembly in such case made and provided.

 

(p. 245)

John Allen Esq., Sheriff and Collector of the State and County taxes for the year 1811, reports to said Court that the following tracts of land and Lotts were not given in for taxation in said County for said year and are therefore subject to a double tax, to wit,

Mann Phillips, 290 acres, part of a 640 acre tract warrant No. 2289, waters of Tennessee River

Mann Phillips, 452 acres, part of a 640 acre tract on the waters of Tennessee River on warrant No. 2258

Nancy Shepherd, 640 acres on waters of Tennessee, entered on warrant No. 2086

James M. and William T. Lewis, 640 acres on Tennessee River, entered on warrant No. 309

Benjamin Shepherd, 1000 acres on Tennessee River, entered on warrant No. 2318

Benjamin Shepherd, 1000 acres on Tennessee River, entered on warrant No. 2309

Thomas Askew, 640 acres on Tennessee River, entered on warrant No. 1342

Ezekiel Hutson's heirs, 240 acres on Tennessee River, entered on warrant No. 97

James Ritchie, 100 acres on Tennessee River

Ezekiel Hutson's heirs, 80 acres on Tennessee River, entered on warrant No. 97

Andrew Simpson, 250 acres on White Oak, entered on warrant No. 474

Hillary Morris, 160 acres on waters of Tennessee, entered on warrant No. 4195

Abner Clark, 320 acres on Tennessee, entered on warrant No. 5106

Abner Clark, 320 acres on Cane Creek, entered on warrant No. 5106

Ezekiel Hutson's heirs, 220 acres on Tennessee River waters, entered on warrant No. 97

James Ross, 200 acres on Lewis' branch of White Oak Creek, an occupant

James Mills, 2800 acres on White Oak Creek, part of James Mills 3840 acre tract granted on warrant No. 546

(p. 246)

Goodwin Thompson heirs, 55 acres, waters of White Oak Creek, and on warrant No. 4420

James Coppage heirs, 440 acres on Tennessee Ridge, entered on warrant No. 5803

Hezekiah Nobles, 228 acres on Tennessee Ridge, entered on warrant No. 4068

William Hill, 320 acres on Tennessee Ridge, entered on warrant No. 772

Richard Sanders, 640 acres on Wells Creek

Giles Nelson, 274 acres on Long Creek

The heirs of Reuben Hamm, 320 acres, warrant No. 3235

Wykoff and Clark, 1000 acres, warrant No. 2117, location No. 1629

Aaron Fletcher, 1000 acres in two tracts, Saline Creek

John McAdams, 228 acres

Thomas Berry, 914 acres on Leatherwood Creek

James Moore and William Lyon, 500 acres

and the following lots in the town of Dover, to wit, No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 18, 19, 20, 21, 40, 41, 42, 43, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72

John McNairy and Robert Nelson, 640 acres, waters of Tennessee River, entered on warrant No. 149

John Rogers, 25 acres on Lewis' branch, entered on warrant No. 155

Eli Hammond, 160 acres Tennessee River, entered on warrant No. 3797

Andrew Jackson, 240 acres on Tennessee River, entered on warrant No. 427

heirs of Robert Nelson, 428 purchased for the taxes in the name of William Polk and granted to Eli West, South side of Cumberland River

heirs of Robert Nelson, 1000 acres purchased for the taxes in the name of Clark and Wykoff, Grant No. 825, South side of Cumberland River

(p. 247)

heirs of Robert Nelson, 248 acres sold for the taxes in the name of Thomas Molloy, Grant No. 2968 on Barrett's Creek

Bryant Whitfield, 640 acres on Cub Creek, warrant No. 1529

Thomas Callender, 2436 acres South side of Cumberland River, No. of warrant 871

heirs of Thomas Clinton, 400 acres, part of James Mills

 

It is therefore considered by the Court that judgment be entered up against the reputed owners of the aforesaid lands for the amount of the double tax costs and charges severally due thereon, and that the said lands be sold, or so much thereof at the courthouse in the town of Dover on the first Monday in November or the succeeding day, as will pay the taxes costs and charges due thereon, agreeable to the Acts of Assembly in such case made and provided.

 

Ordered by the Court that the County taxes for contingent expenses for the present year be as high as the law allows on each species of property, merchants, peddlers, hawkers etc.

 

(p. 248)

Isaac McKinney     )

vs.                           )

Alexander Walker  )

It appearing to the satisfaction of the Court that heretofore, to wit, at November term of this Court 1811, Isaac McKinney obtained a judgment against Alexander Walker for the sum of one hundred and eighteen dollars and 24 cents including interest and costs, for the satisfaction and payment of which Henry Pugh and Robert Cooper entered into bond, dated the seventh day of January 1811. And it also appearing to the satisfaction of the Court that the same has not been paid, on motion of the plaintiff by his attorney it is considered by the Court that he recover against the said Alexander Walker and Henry Pugh and Robert Cooper the aforesaid sum of one hundred and eighteen dollars and twenty-four cents together with interest thereon from the said 7th day of November 1811 up to this time, besides his costs by him about his motion in this behalf expended.

                                                                                                Joshua Williams, JP

                                                                                                William King, JP

                                                                                                Tapley Maddox, JP

Court adjourned until tomorrow morning, nine o'clock.

 

(p. 249)

Wednesday February 5th, 1812.  Court met according to adjournment, present Joshua Williams, William King and Tapley Maddox, Esqrs.

 

On motion it is ordered that Thomas Tomlinson and Hannah Tomlinson have letters of administration of all and singular the goods and chattels rights and credits of Samuel Curtis Jr., who came into Court and entered into bond in the sum of two thousand dollars for faithfully administering etc., with John Tomlinson and William Tomlinson Jr. his securities, and took the necessary oath. It is also ordered they sell the perishable property of said estate.

 

Deed of conveyance, Thomas Turner to Edward Williams for 25 acres of land was proven in open Court by the oath of Charles Pistole and James Yarborough, subscribing witnesses thereto, and ordered to be registered.

 

Deed of conveyance from Thomas Turner to Edward Williams for 25 acres of land was proved in open Court by the oath of Charles Pistole and James Yarborough, subscribing witnesses thereto, and ordered to be registered.

 

Deed of conveyance, Nathaniel Denson to Simon Fletcher for 200 acres of land was proved in open Court by the oath of Moses Fletcher (p. 250), one of the subscribing witnesses thereto, and ordered to be registered, the other witnesses being out of the state.

 

James Tagert is appointed to survey Dover.

 

Ordered that Mann Phillips be exonerated from paying tax on his land twice given in for 1811, 3255 acres.

                                                                                                            Joshua Williams, JP

                                                                                                            Tapley Maddox, JP

                                                                                                            William King, JP

 

At a Court of Pleas and Quarter Sessions began and held for the County of Stewart at the courthouse in the town of Dover on Monday the 4th day of May 1812, present Joshua Williams, James Tagert, David Hogan and John Kizer, Esqrs.

 

The following persons were drawn as Grand Jurors: Zachariah Oneal, foreman, Samuel Yarborough, Caleb Williams, Bryant Oneal, Nathaniel Curtis, Jesse Gilbert Jr., Richard Manly, David Andrews, Stephen Parker, Nathan Thomas, Aaron Fletcher, Benjamin Kelly, William Travis, who were sworn charged and retired.

 

Ordered by the Court that John Allen, Sheriff of said County, be exonerated from paying taxes on 2770 acres of land which he could not sell for the amount of taxes etc. for the year 1810.

 

(p. 251)

Ordered that the Sheriff John Allen have a credit for the taxes on the following tracts of land and property twice given in for the year 1811, viz.,

Absalom Hart 1 white poll, Solomon McNatt two white polls, Benjamin McNatt 1 white poll, Lawrence Newsom 1 white poll, Benjamin Gunn 1 white poll, William Lewis 1 white poll, William Rushing 1 poll, James Rochelle 1 poll, Joel Yarborough, Faulkner Elliott Jr., Stephen Elliott, Benjamin Griffin 1 white poll, Abner Kelly 1 white poll and 50 acres of land, Elisha Simpson 1 black poll, Nathan Simpson 1 white poll, Joshua Williams Jr. 1 white poll, Frederick Stump 640 acres of land, Joseph Lockhart 1 white poll, William Lewis 1 white poll, Elisha Corbit 1 white poll, Jonathan Franklin 1 white poll, Alan Pruitt 1 white poll, Arnold Thomason 1 white poll, Adam Darby 2240 acres of land, Thomas Overton 640 acres of land, Curtis Gray 253 acres of land, Burwell Lashley 1 white poll, Isaac Baker 234 acres, John Parker 1 white and four black polls for the year 1810.

 

Deed of conveyance, Richard Manly Sr. to Richard Manly Jr. for 210 acres of land was proven in open Court by the oath of David Hogan and John Atkins, subscribing witnesses thereto, and ordered to be registered.

 

(p. 252)

Lewis Brock    )  Attachment

vs.                     )  Present David Hogan, Joseph Gray, Robert Walker, Esqr.

Benjamin Ray  ) 

This day came the plaintiff by his attorney and thereupon came a jury of good and lawful men, to wit, John Scarborough, Joseph Smith, William McGee, Alsa Bradford, John Manning, Alexander Walker, Samuel Luton, George Martin Jr., James Andrews, Millington Smith, Larry Satterfield and Lemuel Smith, who being elected tried and sworn the truth to speak upon the writ of enquiry awarded in this case, upon their oath do say they assess the plaintiff's damages by reason of the nonperformance of the promises and assumptions in the declaration mentioned, to the sum of sixty-seven dollars and fifty cents besides his costs by him about his suit in this behalf expended. Therefore it is considered by the Court that the plaintiff recover against the said defendant his damages aforesaid in form aforesaid assessed besides his costs by him about his suit in this behalf expended.

 

Robert West and George West, executors of Robert W. Ellison deceased, returned an inventory of the personal estate of the said deceased which is ordered to be recorded.

 

William Olive records his stock mark, viz., a crop and slit in each ear.

 

(p. 253)

Martin Wells     )  Attachment

vs.                      )  Present Joshua Williams, Robert Walker, David Hogan & John Kizer, Esqrs.

John Williams  )

This day came the plaintiff by his attorney and thereupon came a jury, to wit, John Scarborough, William McGee, Joseph Smith, Alsey Bradford, James Andrews, Alexander Walker, John Manning, Millington Smith, Samuel Luton, Larry Satterfield, George Martin Jr. and Lamuel Smith, who being elected tried and sworn the truth to speak upon the writ of enquiry awarded in this case, upon their oath do say the plaintiff has sustained damages by the nonperformance of the promises and assumptions in the declaration mentioned to the amount of four hundred dollars besides his costs etc., whereupon said plaintiff remits one hundred dollars of said damages. Therefore it is considered by the Court that the plaintiff recover against the said defendant the said three hundred dollars of the damages assigned as aforesaid in form aforesaid and his costs by him about his suit in this behalf expended.

 

Yancey Thornton comes into Court and took the oaths of office as a Justice of the Peace.

 

Ordered by the Court that James Walker, executor of William Ross deceased, have leave to return two tracts of land belonging to said estate, 140 acres and the other 142, for taxation for the year 1811 and be exonerated from double tax.

 

(p. 254)

Elihu S. Hall & Co.  )  Debt

vs.                             )  Present Joshua Williams, Tapley Maddox, Robert Walker, David Hogan,

Henry Pugh              )  James Tagert, Joseph Gray, Yancey Thornton, Esqrs.

This day came the parties by their attorneys and thereupon came a jury, to wit, William McGee, Joseph Smith, John Scarborough, Alsey Bradford, George Martin Jr., Lemuel Smith, Millington Smith, John Wofford, Alexander Craig, Simon Fletcher, Thomas Smith and James Gatlin, who being elected tried and sworn to try the issues joined in this cause, upon their oath do say that they assess the plaintiff's damages to ten dollars and thirty-two cents besides the debt the declaration mentioned. Therefore it is considered by the Court that the plaintiff recover against the defendant the sum of one hundred and twenty dollars, the debt in the declaration mentioned, besides his damages aforesaid by the jury aforesaid assessed together with his costs by him in this behalf expended. The defendant in mercy etc.

 

Ordered that Yancey Thornton and William Curl and John Ferrill settle with William Pryor, administrator of Sampson Trammel, and make return to this Court.

 

(p. 255)

It is ordered by the Court that Alsey Bradford be exonerated from paying double tax on 100 acres of land and one white poll for the year 1811 and leave to list the same.

 

The reviewers appointed last term to view and alter the road from Bradford's ferry to McCarty's ferry made return that they had viewed and marked the same.

 

Ordered by the Court that Martin Wells be appointed overseer of the road from Blake's to Simmons' gin and all the hands above John Kizer's on Guices Creek work under him.

 

Ordered by the Court that Gladden Gorin be appointed overseer of the road from McCarty's ferry to Peter Bohanan's, and McCarty's hands, his own hands, Mr. Massey's and James Harrises hands work under him.

 

Ordered by the Court that Elijah Curtis be appointed overseer of the road from Blake's down Guices Creek to the river, and all the hands on Guices Creek below John Kizer's work under him.

 

Ordered by the Court that William Hubbard be appointed overseer of the road in the room of John Smith, and all the hands that worked under said Smith work under him.

 

Ordered by the Court that William Dunbar be appointed overseer of the road from Faulkner Elliott's ferry on toward the salt works, and the same hands that formerly worked on said road under Alsey Bradford work under him.

 

(p. 256)

Ordered by the Court that Tapley Maddox, William Moore, John Gaston, Walter Brown, Thomas Johnson, William Thomason and Solomon Castleberry view and mark a road from Tapley Maddox' horse mill by John Gaston's to intersect the road leading from Ozburn Randle's ferry towards Alexander Trousdale's and make return to next term.

 

Ordered by the Court that Yancey Thornton be allowed the sum of three dollars and twenty-five cents for provisions etc. furnished a prisoner committed to jail on suspicion of being a man of dangerous principles.

 

Ordered by the Court that William Curl be appointed overseer of the road in the place of John Palmer and the same hands work under him.

 

Ordered by the Court that Paul Howell be appointed overseer of the road in the room of William Atkins and that Frances Smith's hands, Charles Hooks, William Howard, John Spencer, Timothy Taylor work under him in addition to those that work under Atkins.

 

The reviewers appointed last term to mark a road from Oneal's ford on Long Creek to intersect the Dover road near Outlaw's old place made return that they had marked the same.

 

Ordered by the Court that Millington Smith be appointed overseer of the road in the room of Ephraim Gatlin and the same hands work under him.

 

(p. 257)

Transfer of a plat and certificate of survey, and the warrant on which the same is founded, for 50 acres of land from Jesse Denson to William Pryor was acknowledged in open Court by the said Jesse Denson and ordered to be certified.

 

Transfer of a plat and certificate of survey, and the warrant on which the same is founded, from Jesse Denson to William Pryor for 20 acres of land was duly acknowledged in open Court by the said Jesse Denson and ordered to be certified.

 

Deed of conveyance, John Harvey to William Blake for 242 acres of land was proven in open Court by the oath of John Kizer and Martin Wells, subscribing witnesses thereto, and ordered to be registered.

 

Deed of gift from Joseph Gray Sr. to Joel Cooley for a tract of land, three Negroes and some other property was duly acknowledged in open Court by the said Joseph Gray Sr. and ordered to be registered.

 

Deed of conveyance from Thomas Smith to Asahel Brunson for 315 acres of land was duly acknowledged in open Court by the said Thomas Smith and ordered to be registered.

 

Deed of conveyance from Thomas and Lemuel Smith to Asahel Brunson for 226 acres of land was duly acknowledged in open Court by the said Thomas Smith and Lemuel Smith and ordered to be registered.

 

Deed of conveyance, John Gaston to Walter Brown for 20 acres of land was duly acknowledged in open Court by the said John Gaston and ordered to be registered.

 

(p. 258)

Deed of conveyance, John Allen, Sheriff to George Martin Sr. was duly acknowledged in open Court by the said John Allen and ordered to be registered.

 

Deed of conveyance, Lemuel Smith to Asahel Brunson for 232 acres of land was duly acknowledged in open Court by the said Lemuel Smith and ordered to be registered.

 

Deed of conveyance from Jacob McCarty, attorney in fact for Christopher Guice, to Thomas Herod was proved in open Court by the oath of James Tagert and Nathan Thomas, subscribing witnesses thereto, and ordered to be registered.

 

Deed of conveyance from Jacob McCarty, attorney in fact for Christopher Guice, to James Herod for 160 acres of land was duly proved in open Court by the oath of James Tagert and Nathan Thomas, subscribing witnesses thereto, and ordered to be registered.

 

Court adjourned until tomorrow morning, nine o'clock.

                                                                                                Joshua Williams, JP

                                                                                                Tapley Maddox

                                                                                                James Tagert

                                                                                                John Kizer

 

Tuesday May 5th 1812.  Court met according to adjournment, present Joshua Williams, James Tagert, Tapley Maddox and John Kizer, Esqrs.

 

James Miller and Henry Edwards came into Court and took the oaths of office as Justices of the Peace.

 

Robert Walker returns the tax list of Capt. Acree's company for the present year and also the enumeration of the same.

 

(p. 259)

Deed of conveyance, Robert Prince to John Brigham for 740 acres of land was duly acknowledged in open Court by the said Robert Prince and ordered to be registered.

 

Ordered by the Court that William Randle be appointed overseer of the road from Ozburn Randle's to Alexander Trousdale's and the following hands work under him to assist in opening the same, viz., his own hands, Ozburn Randle and his hands, Henry Randle and hands, John Graham, John Gaston, Walter Brown, James Turner, Parham Randle, Green Davidson, William Thomason, Tapley Maddox hands, John Wright, Richard Faucett, Thomas Johnson, William Moore and hands, Solomon Castleberry, John Hagler and hands, William Dunbar, William Baker, Philip Hall, John Stagner, John Hamlet and hands, Christopher Shouse, Daniel Cato and hands, William Elliott, Abner Stokes, Benjamin Bradford's hands, Alsey Bradford and hands, James Hamlet, Anthony Lee, John Brisby, Samuel Eads, Messer Ward and hands, Thomas Gibbs, William Weatherford, John Weatherford, Thomas Whitford and Jessey Michel.

 

Abel Olive’s Lessee  )  Ejectment

vs.                              )  Present Joseph Gray, Joshua Williams, David Hogan & James Miller, Esqr.

Samuel Luton           )

This day came the parties by their attorneys and thereupon came a jury of good and lawful men, to wit, William McGee, James Andrews, Thomas W. Lewis, Thomas Smith, Crawford Bradford, William M. Cooley, (p. 260) George Petty, Thomas Gray, George Martin, William Haggard Sr., John G. Fletcher, Thomas Childers, who being elected tried and sworn the truth to speak upon the issues joined, upon their oath do say the defendant is guilty of the trespass and ejectment as the plaintiff in declaring have alleged, and assess the plaintiff's damages by reason thereof to one cent besides his costs by him about his suit in this behalf expended. Therefore it is considered by the Court that the plaintiff recover his term yet to come to the premises in the declaration mentioned and his costs by him about his suit in this behalf expended.

And on motion of the plaintiff by his attorney a writ of possession is awarded him etc.

And on motion of the defendant by his attorney to tax the plaintiff with the costs of the attendance of several witnesses, it is ordered by the Court that the plaintiff pay the attendance of Aaron Fletcher, Robert Prince and Burwell Lashley.

And from the aforesaid verdict of the jury and judgment of the Court the defendant by his attorney prays an appeal to the Circuit Court of Stewart County and comes into Court and enters into bond in the sum of one thousand dollars, with William M. Cooley and Alexander Walker his securities, conditioned for faithfully prosecuting his said appeal, which is granted him accordingly.

 

(p. 261)

William King Esq. returns the tax list and enumeration of Capt. Thomas Gray's company for the present year.

 

John Chambers Esq. returns the tax list and enumeration of Capt. Askew's and Capt. Lewis's companies for the present year.

 

Tapley Maddox Esq. returns the tax list and enumeration of Capt. Atkins company for the year 1812.

 

Ephraim B. Davidson personally came into open Court and acknowledged the execution of a deed of conveyance to William Gentry for one hundred acres of land, and it is ordered to be registered.

 

Also a deed of conveyance to Stephen English for one hundred and seventy-five acres of land, which is ordered to be registered.

 

Also a deed of conveyance to Edmund Fletcher for one hundred and thirty-two acres of land, which is ordered to be registered.

 

Also a deed of conveyance to John W. Lumpkin for one thousand acres of land, which is ordered to be registered.

 

The Grand Jury appeared in Court in a body and returned a bill of indictment the State vs. Stephen Kirksey for an assault and battery, a true bill, and then retired to inquire of presentments.

 

(p. 262)

A deed of conveyance from Faulkner Elliott to William Elliott for one hundred acres of land in Stewart County was proven in open Court by the oaths of Reuben Elliott and John Chambers, subscribing witnesses thereto, and ordered to be registered.

 

It appearing to the satisfaction of the Court that a wolf whose scalp is now produced by John Chambers Esq. was killed by James Chambers and John Alsup, it is therefore ordered by the Court that they receive the sum of three dollars for the same, agreeable to the Acts of Assembly.

 

James Patterson came into Court and took the oaths of office as a Justice of the Peace.

 

Nathan Ross Esq. came into Court and returned the tax list of his own company for the present year and the enumeration.

 

The Court proceeded to the election of a Sheriff in the room of John Allen whose time of service has expired. Present Joshua Williams, David Hogan, John Kizer, James Tagert, Joseph Gray, John Chambers, John Brigham, James Patterson, Nathan Ross, Robert Walker, William King, William Dowdy, James Miller, Yancey Thornton and Henry Edwards Esqrs.  Proclamation having been made, John Allen declared himself a candidate for said office, and the votes (p. 263) being collected and counted out by the Chairman, there appeared for John Allen fifteen votes, he having no opponent. Whereupon the Court ordered proclamation to be made that the said John Allen was duly and constitutionally elected Sheriff of the said County.

 

The Court then proceeded to elect a Coroner for said County, present the same Court as before. Henry Gibson was unanimously elected, having no opponent.

 

Be it remembered that Larry Satterfield personally came into Court and acknowledged himself indebted to the State in the sum of two hundred and fifty dollars, to be levied of his goods and chattels lands and tenements for the use of the State, but to be void on condition that he do make his personal appearance here at the next term of this Court to prosecute and give testimony in behalf of the State on a bill of indictment against Stephen Kirksey for an assault and battery. Also came Elisha Askew and David Outlaw and acknowledged themselves severally indebted to the State in the sum of two hundred and fifty dollars severally, to be levied of their goods and chattels lands and tenements for the use of the State, but to be void on condition that they do make their personal appearance here at the next term of this Court to give testimony in behalf of the State on a bill of indictment against Stephen Kirksey for an assault and battery.

 

(p. 264)

Ordered by the Court that an insane boy by the name of John Williams, son of Edith Williams, be let to the lowest bidder by Yancey Thornton & Joseph Gray Esqrs. for the space of one year, to be paid out of the county tax, who made return that the said Edith Williams was the lowest bidder at the sum of forty dollars.

 

Ordered by the Court that James Tagert & John Kizer & John Lightfoot settle with the administrators of Arthur Collier deceased and make a return to next Court.

 

Ordered that Philip Hornberger have leave to keep an ordinary at his house near Wells Creek, who came into Court and entered bond in the sum of five hundred dollars, with Duncan McRae, John Hornberger and Lewis Williams his securities, for keeping an orderly house etc.

 

Henry Gibson, who was appointed Coroner, came into Court and entered into bond in the sum of two thousand dollars, with Duncan McRae, John Allen and David Bradford his securities, conditioned for his faithful performance in office, etc.

 

David Hogan Esq. returned the tax list & enumeration of Capt. Pearce’s company for the present year.

 

James Tagert Esq. returned the tax list of Capt. Warden’s company & enumeration of the same for the present year.

 

(p. 265)

The administrator & administratrix of Samuel Curtis deceased returned an inventory and list of sales of said estate on oath, which is ordered to be recorded.

 

Ordered by the Court that John Pearce have leave to return ninety acres of land for taxation for the year 1811 and be exonerated from double tax.

 

Ordered by the Court that William Travis, Stephen Parker, Samuel Yarborough, Caleb Williams, Charles B. Wilcox & Charles Pistole view and mark a road from the Indian Mount on North Cross Creek then up Dicks Fork of said creek to the state line, the nearest and best way leading towards the Saline salt works.

 

Deed of conveyance, Benjamin James to William Bethea for 133 1/3 acres of land was duly proved in open Court by the oath of Jesse Brown & James Greer, subscribing witnesses thereto, and ordered to be registered.

 

Deed of conveyance, Duncan Stewart to Enoch James for 100 acres of land, was proven in open Court by the oath of William Cottingham, one of the subscribing witnesses thereto, who also made oath that Charles Stewart, the other subscribing witness thereto, subscribed his name as a witness in his presence and is not now an inhabitant of this state, and it is ordered to be registered.

 

Deed of conveyance, Samuel Marsh to Henry Pugh for 1000 acres of land was proven in open Court by the oath of Whitmill H. Pugh, one of the subscribing witnesses thereto.

 

(p. 266)

Deed of conveyance from William Bethea to William James for 133 1/3 acres of land was duly acknowledged in open Court by the said William Bethea and ordered to be registered.

 

Deed of conveyance, Enoch James to William James for 100 acres of land, was acknowledged in open Court by the said Enoch James and ordered to be registered.

 

Deed of conveyance from Duncan Stewart to Benjamin James for 133 1/3 acres of land was proven in open Court by the oath of John Seal and Enoch James, subscribing witnesses thereto, and ordered to be registered.

 

Ordered by the Court that Robert McKinney be appointed overseer of the road in the room of Nathan Ross and the same hands work under him.

 

John Allen, who was elected Sheriff, came into Court and entered into bond in the sum of five thousand dollars, with Duncan McRae, Henry Gibson, James Lain, David Bradford and William Cherry his securities, conditioned for his faithful performance in office etc.

And also in a bond in the sum of two thousand dollars, with Duncan McRae, Philip Hornberger, James Tagert, Henry Gibson and Peter Kendall his securities, conditioned for the collecting and accounting for the public and County taxes for the present year.

 

Ordered by the Court that Thomas Lain be appointed a Constable, who came into Court and entered (p. 267) into bond in the sum of two thousand dollars, with James Lain and James Patterson his securities, conditioned for his faithful performance in office etc. and took the oaths of office.

 

Deed of conveyance, William McClure to John Lewis for one hundred acres of land was acknowledged in open Court by the said William McClure and ordered to be registered.

 

Ordered by the Court that John Hornberger be appointed a Constable, who came into Court and entered into bond in the sum of two thousand dollars, with Philip Hornberger, Lewis Williams and Daniel McMillan his securities, conditioned for his faithful performance in office etc.

 

Ordered by the Court that Richard Cooley be appointed a Constable, who came into Court and entered into bond in the sum of two thousand dollars, with William M. Cooley, James H. Russell and James Tagert his securities, conditioned for his faithful performance in office etc.

 

Ordered by the Court that John Allen, Sheriff of this County, be allowed the sum of thirty dollars for his ex officio services up to this time, to be paid by the Trustee out of any monies in his hands not otherwise appropriated.

 

(p. 268)

May 5th, 1812

 

John Boyd                                                     )

vs.                                                                  )  On a Scire Facias as admr. & admx. of Frederick Hyer

Burwell M. Williamson & Elizabeth Hyer  )

This day came as well the said plaintiff as the said defendants by their attorneys, and the said defendants did not deny that that the plaintiff may have execution against the said defendants according to said Scire Facias.  Therefore it is considered by the Court that the plaintiff may have execution against the said defendants for one hundred and fifty-three dollars and thirty-nine and one fourth cents, the balance of debt and damages in said Scire Facias mentioned, together with the costs of suing forth and prosecuting the suit. And the plaintiff agrees to stay the issuing of this execution for three months.

 

Court adjourned until tomorrow morning, nine o'clock.

                                                                                                James Tagert

                                                                                                David Hogan

                                                                                                James Miller

                                                                                                Henry Edwards

                                                                                                John Kizer

 

Wednesday, May 6th, 1812

Court met according to adjournment, present James Miller, John Kizer, Henry Edwards, David Hogan and James Tagert esquires.

 

Ordered that Henry Pugh have letters of administration of the estate of John Johnson deceased, (p. 269) who came into Court and entered into bond in the sum of eight thousand dollars, with William King, Philip Hornberger, William M. Cooley and John Allen his securities, for faithfully administering and was sworn accordingly.

 

John Kizer returned the tax list and enumeration of Capt. Rushing's company for the present year.

 

Ordered by the Court that Reuben Elliott have leave to resign as Constable.

 

Ordered that William Outlaw have leave to return his tax list and any other for whom he is agent at any time previous to the said list being recorded.

 

Jesse Denson           )  Case

vs.                             )  Present John Kizer, James Miller & Joshua Williams, Esqr.

Philip Hornberger  )

This day came the parties by their attorneys and on motion of the plaintiff by his attorney it is ordered by the Court that this cause be continued.

 

Ordered by the Court that James Lain, William McClure, Nelson Crosswell, Stephen Ogwin, Philip Rushing, William Blake, Martin Wells, Henry Covington, Thomas Smith, Daniel Curtis, William Curtis, James Craig, John Matherson, Malcolm McMillan, Randolph Leak, John Allen White Oak, John Acree, Alsey Bradford, Abner Stokes, George Atkins, William Atkins, George Berry, William Randle on Leatherwood, Jeremiah Norrod and Britton Sexton be summoned to attend next term as jurors.

 

(p. 270)

Ordered by the Court that Alexander Brown, John Brown, Abel Rushing, Isaac Lanier, William McAllister, Robert Lowry Sr., Atherington Rochelle, John Graham, William Brigham, James Cook, Christopher Beaton, Henry Chambers, Stephen Raynes, Jesse Rodgers, Gladden Gorin, Thomas Almond, John Davidson, Charles Roper, John Palmer, Hezekiah Rorie, Anthony Lee, Richard Thomason, Jesse Stone, Edward Williams, Jesse Mitchell and Lewis Elliott be summoned to attend the next Circuit Court of this County to serve as jurors.

 

Nancy & George Martin      )  Case – Pleas not Guilty & Justification

vs.                                          )  Present Joshua Williams, James Miller, John Kizer, William Dowdy,

Warren & Rachel Faulkner  )  Henry Edwards & David Hogan, Esqr.

This day came the parties by their attorneys, and on motion of the defendant by his attorney for a continuance, after argument of counsel being heard it is considered by the Court that said motion be overruled and thereupon came a jury of good and lawful men, to wit, William McGee, James Andrews, Thomas W. Lewis, Henry Pugh, William M. Cooley, Larry Satterfield, Joseph Smith, Atherington Rochelle, Philip Hornberger, Willie Mallory, John Wofford and Asa Lanier, who being elected tried and sworn the truth to speak of and upon the issues joined, retired to consider of their verdict, and after some time returned into Court and say they cannot agree in their verdict. Whereupon (p. 271) by consent of the parties and with the assent of the Court, Henry Pugh, one of the jury impaneled in this case, is withdrawn and the rest of the jury discharged from their verdict.

 

Richard Cooley who was appointed a Constable yesterday came into Court and took the oaths of office.

 

John Allen Esqr., Sheriff of Stewart County, came into Court and protested against the sufficiency of the jail of said County, which is ordered to be entered of record.

 

Jesse Denson           )

vs.                            )  Case

Philip Hornberger  )

On motion of the defendant, a De. Pa. is awarded him to take the deposition of Charles Murphy of Christian County, State of Kentucky, giving the opposite party ten days’ notice.

 

The Grand Jury appeared in Court and returned a bill of indictment against George Lyndsey for an assault and battery, a true bill, and returned to consider of other presentments. And thereupon came the said George Lyndsey as well as the County Solicitor, and the said defendant does not deny the charges as read to him in the bill of indictment. Therefore it is considered by the Court that the said defendant be fined one dollar and pay the costs of this prosecution.

 

Last will and testament of Richard Smith deceased was proved in open Court by the oath of Charles B. Wilcox, one of the subscribing witnesses thereto (having been heretofore proven by the oath of James Lee, the other subscribing witness) and ordered to be recorded.

 

(p. 272)

Wednesday, May Term 1812

 

Be it remembered that George Lyndsey this day came into open Court and acknowledged himself indebted to the State of Tennessee in the sum of two hundred and fifty dollars, to be levied of his goods and chattels lands and tenements, but to be void on condition that the said George Lyndsey do appear here on Wednesday of the next term and give evidence and prosecute in behalf of the State on an indictment for assault and battery.

 

Be it remembered that William Outlaw and William Pryor personally came into Court and acknowledged themselves severally indebted to the State in the sum of five hundred dollars each, severally to be levied of their goods and chattels lands and tenements for the use of the State, but to be void on condition that they, William Outlaw and Mary Outlaw his wife and the said William Pryor and Elizabeth Pryor his wife, do make their personal appearance here on the third day of next term to give testimony in behalf of the State on a bill of indictment against Reuben Elliott for an assault and battery.

 

Ordered by the Court that Charles B. Wilcox be appointed a Constable, who came into Court and entered into bond in the sum of two thousand dollars, with Caleb Williams and Bryant Oneal his securities, conditioned for his faithful performance in office and took the oaths of office etc.

 

(p. 273)

State                  )  Indictment for A&B

vs.                     )  Present James Miller, David Hogan, Henry Edwards & John Kizer, Esqr.

Reuben Elliott  )

This day came the defendant as well as the County Solicitor, and the indictment being read to the defendant he does not deny that he is guilty of the charge exhibited against him in the bill of indictment, and puts himself for his trial on the mercy of the Court.  And after examining the testimony in this case in behalf of the State, it is the opinion of the Court that the State recover against the said defendant fifteen dollars and the costs of prosecution.

 

On motion of John Allen, Sheriff of said County, James Tagert came into Court and qualified as deputy Sheriff of said County.

 

Ordered by the Court that James Andrews be appointed overseer of the road in the room of David Scarborough, and the same hands work under him.

 

John Campbell                       )  On Motion

vs.                                            )  Present James Miller, Yancey Thornton & James Tagert, Esqr.

Wiley Whatley & Securities  )

This day came the parties by their attorneys, and after argument of counsel being heard on both sides it is considered by the Court that said motion be overruled, and that said defendants recover against the plaintiff their costs expended here in their defense.

 

The Court adjourned till tomorrow morning, nine o'clock.

                                                                                                            Joshua Williams

                                                                                                            William Outlaw

                                                                                                            Y. Thornton

 

(p. 274)

Thursday morning, May 7th 1812

The Court met according to adjournment, present the worshipful Yancey Thornton, Joshua Williams and William Outlaw Esqr., Justices

 

Nancy Martin, by George Martin her next friend  )  In Case

vs.                                                                              )

Warren Faulkner & Rachael Faulkner                   )

This day came said parties by their attorneys, and said plaintiff confesses that she intends no further to prosecute this action, and said Warren Faulkner agrees to pay the costs of the attendance of Jenny Ely and Polly McClure and his own attorney’s fee. Therefore it is considered by the Court that said plaintiff recover against the said defendant Warren and the costs and thus assumed by him, and the said defendant go hereof without day and recover against said plaintiff the other costs expended in this behalf.

 

Richard Yarborough  )  Case

vs.                                )  Present Joshua Williams, William Outlaw & Yancey Thornton, Esqr.

Thomas White            )

This day came the parties by their attorneys, and after argument of counsel the defendants demurrer overruled. (p. 275)  It is ordered by the Court that he answer further to the plaintiff's declaration.

 

Simon Fletcher      )  Case

vs.                           )  Present Yancey Thornton, William Dowdy & Joshua Williams, Esqr.

Nathaniel Denson  )

This day came the parties by their attorneys, and the plaintiff agrees to dismiss his said suit and the defendant confesses judgment for all costs etc. except attorney’s fees.

 

Peter Kendall, Assignee,  )

vs.                                      )  Present the same Court above.

Joseph Gray Jr.                 )

This day came the parties by their attorneys, and thereupon came a jury, to wit, John Scarborough, William McGee, Asa Lanier, William Allen, John Bailey, William Pryor, Thomas Ezell, Samuel Yarborough, Zachariah Oneal, Jesse Gilbert, Benjamin Edwards and Willie Mallory, who being elected tried and sworn the truth to speak upon the issues joined, upon their oath do say they find for the plaintiff the sum of one hundred and four dollars and twenty-five cents, the debt in the declaration mentioned, and assess his damages by reason of the detention of the same to four dollars and twenty-two cents besides his costs etc. Therefore it is considered by the Court that the plaintiff recover against the said defendant his debt and damages as aforesaid by the jury and his costs by him about his suit in this behalf expended.

 

(p. 276)

James H. Russell   )  Appeal

vs.                          )  Present Joshua Williams, William Dowdy and David Hogan, Esqrs.

William Fletcher  )

This day came the parties by their attorneys, and thereupon came a jury, to wit, William McGee, Asa Lanier, Thomas Ezell, Willie Mallory, John Scarborough, William Allen, Zachariah Oneal, Samuel Yarborough, William Pryor, Jesse Gilbert, William M. Cooley and Wiley Whatley, who being elected tried and sworn the truth to speak upon the matters in controversy between the parties in two cases, which are agreed by the parties to be tried together, upon their oath do say they find for the plaintiff in the first case the sum of four dollars thirty-seven and a half cents, besides his costs, and in the second case the sum of twenty dollars sixty-six and a half cents besides costs. Therefore it is considered by the Court that the plaintiff recover against the said defendant and his securities in appeal the aforesaid several sums and his costs and interest at 6% from the date of said judgment before the Justice of the Peace.

 

Ephraim B. Davidson  )  Certiorari

vs.                                 )

William Outlaw           )

This day came the plaintiff as well as the said defendant, and the defendant does not deny that he owes the said plaintiff the sum of twelve dollars and ninety-eight cents besides his costs etc. Therefore it is considered by the Court that the plaintiff recover against the said defendant the sum of twelve dollars and ninety-eight cents and one half cents (p. 277) and his costs by him about his suit in this behalf expended.

 

David Enlow, Assignee               )

vs.                                                 )  Present Yancey Thornton, William Dowdy & David Hogan, Esqrs.

The Admrs. of Mackey McNatt  )

This day came the parties by their attorneys, and thereupon came a jury, to wit, William McGee, Asa Lanier, Thomas Ezell, Willie Mallory, John Scarborough, William Allen, Philip Hornberger, Larry Satterfield, William Pryor, Joseph Smith, William M. Cooley and Wiley Whatley, who being elected tried and sworn the truth to speak upon the issues joined, upon their oath do say they find for the plaintiff in the sum of ninety-five dollars and fifty cents, the debt in the declaration mentioned, and assess his damages by reason of the detention of the same to the sum of thirteen dollars and fifty-six cents. Therefore it is considered by the Court that the plaintiff recover against the said defendants the debt and damages aforesaid in form aforesaid and his costs by him about his suit in this behalf expended.

 

Ira Olive              )

vs.                        )  Present the same Justices above.

Burwell Lashlee  )

This day came the defendant by his attorney, and the plaintiff being solemnly called to come into Court and prosecute his said suit came not. Therefore it is considered by the Court that the defendant depart this Court without day and recover against (p. 278) the said plaintiff his costs by him about his defense in this behalf expended.

 

Samuel Johnson  )  Attachment

vs.                        )

Abraham Price    )

This day came the parties by their attorneys and on motion of the plaintiff by his attorney, a dedimus is awarded him to take the deposition of the same witnesses heretofore taken in the State of Kentucky, giving the opposite party twenty days’ notice.

 

Ordered by the Court that Benjamin Kelly be appointed overseer of the road from the forks of the road on the top of the ridge on the lower side of Guices Creek to the county line, and all the hands on the Dry fork of Guices Creek work under him.

 

Court adjourned in course.                                          Y. Thornton

Test:  R. Cooper, Clk.                                                 David Hogan

                                                                                    William Dowdy

 

(p. 279)

At a Court of Pleas and Quarter Sessions began and held for the County of Stewart at the courthouse in the town of Dover on Monday the 3rd day of August 1812, the following Justices appeared and took their seats, to wit, Henry Edwards, William King, Joseph Gray and James Tagert.

 

Ordered that James H. Russell have leave to return eight town lots, 74 acres of land, one white poll and one black poll for taxation for the present year and be exonerated from paying double tax.

 

Ordered by the Court that William Brigham have leave to return one white poll, two black polls and 214 acres of land for taxation for the present year and be exonerated from paying double tax.

 

Ordered that John Graham have leave to return one hundred acres of land and one white poll for taxation for the present year and be exonerated from paying double tax.

 

Ordered that Alexander McKee have leave to return one white poll and 798 acres of land for taxation for the present year and be exonerated from paying double tax.

 

The following persons are drawn on the Grand Jury, viz., William Blake, foreman, Daniel Curtis, John Mathewson, Randle Leek, Malcolm McMillan, Thomas Smith, William Randle, Jeremiah Norrod, William Atkins, William Curtis, Britton Sexton, George Berry and James Craig, who being sworn and charged, retired to consider of presentments etc.

 

(p. 280)

Thomas McGee records his stock mark, viz., a smooth crop of the left ear and a half moon in the right.

 

It is ordered by the Court that Charles Williams be appointed overseer of the road in the room of Henry Chambers and the same hands work under him.

 

John Ferrill records his stock mark, a swallow fork in the right ear and a half moon under the left ear.

 

John Overton  )

vs.                    )  In Debt

Henry Pugh    )

This day came the parties by their attorneys, and thereupon came a jury, to wit, Alsey Bradford, Henry Chambers, Benjamin Kelly, Richard Blanton, Stephen Gilbert, Frederick Weston, Simon Fletcher, Joseph Reynolds, Elijah Fletcher, Hardy Measles, Samuel Yarborough and James Lee, who being elected tried and sworn the truth to speak upon the issues joined, upon their oath do say that said defendant has not paid said debt as said plaintiff by replying have alleged, and they assess the plaintiff's damages by the detention of said debt to four dollars ninety-five cents. Therefore it is considered by the Court that the plaintiff recover against the defendant the debt in the declaration mentioned, (p. 281) together with his damages assessed as aforesaid and his costs expended in this behalf.

 

Ordered by the Court that William Randle be appointed a Constable for said County.

 

Ordered by the Court that Alsey Bradford be appointed a Constable for said County.

 

Thomas Smith                                                                  )  Present Yancey Thornton, James Miller &

vs.                                                                                      )  William Dowdy & Henry Edwards, Esqr.

Elisabeth Clinton, admx. of Thomas Clinton deceased  )

This day came the parties by their attorneys, and thereupon came a jury, to wit, Alsey Bradford, Henry Chambers, Benjamin Kelly, Richard Blanton, Stephen Gilbert, Frederick Weston, Simon Fletcher, Joseph Runnels, Elijah Fletcher, Hardy Measles, Samuel Yarborough and James Lee, who being elected tried and sworn the truth to speak upon the issues joined, upon their oath do say they find the issues for the defendant. Therefore it is considered by the Court that she recover against the said plaintiff her costs about her defense in this behalf expended. And the said plaintiff by his attorney enters a motion for a new trial, which is granted him accordingly.

 

Transfer of a plat and certificate of survey, and the warrant on which the same is founded, from James Ross to William McClure for 200 acres of land was acknowledged in open Court and ordered to be certified.

 

(p. 282)

Ordered by the Court that Frances Smith have leave to return 267 acres of land and six black polls for taxation for the present year and be exonerated from paying double tax.

 

Ordered that James Yarborough have leave to return 180 acres of land and one white poll for taxation for the present year and be exonerated from double tax.

 

Ordered that John L. Hagler have leave to return one white poll and 135 acres of land and be exonerated from paying double tax.

 

Ordered that John Warden be allowed, according to Act of Assembly, for two wolf scalps under four months old.

 

Ordered that Nimrod Crosswell be allowed, agreeable to law, for a wolf scalp over four months old.

 

Ordered by the Court that Jesse Rogers be appointed overseer of the road in the room of William Curtis and the same hands work under him.

 

Ordered that Charles Pistole be appointed overseer of the road from the Indian Mount on North Cross Creek to the old hay stacks, and that James Lee, Hezekiah Rorie, Thomas Cooks, Nathan Parker, David Parker, Stephen Parker, Joel Williams, Samuel Yarborough, Nathan Yarborough, Irwin Curlee, John Matheny, Sherrod Winniham, William Travis, Frances Smith, Joseph Allen, Robert Lee and John Parker work under him.

 

(p. 283)

Ordered by the Court that Charles Ross be appointed overseer of the road from the state line to the old hay stacks, and that Stephen Howell, Charles Howell, Daniel Bain, William Whitfield, Mathew Free, James English, Joshua Ross and John Ross to work under him.

 

William Dowdy comes into Court and resigns his commission as a Justice of the Peace, which is ordered to be certified.

 

Richard Yarborough  )  In Case, Plea Non Assumpsit

vs.                                )  Present Yancey Thornton, Tapley Maddox, Joshua Williams & James Miller, Esq.

Thomas White            )

This day came the parties by their attorneys, and thereupon came a jury, to wit, Henry Arrington, John Allen, George Atkins, Henry Pugh, Joseph Smith, John Pryor, William Brewer, Abner Pearce, John Hagler, John Warden, Jonathan May and William M. Cooley, who being elected tried and sworn the truth to speak upon the issues joined, upon their oaths do say they find the issues for the plaintiff, and assess his damages by the nonperformance of the assumptions in the declaration mentioned to the sum of fifty-eight dollars and eighty-nine cents and three mills, besides his costs. Therefore it is considered by the Court that the plaintiff recover against the said defendant the damages aforesaid in form aforesaid assessed, besides his costs by him about his suit in this behalf expended. And the said plaintiff’s attorney releases eight dollars and eighty-nine cents of said judgment.

 

(p. 284)

Samuel Johnson  )  Attachment

vs.                         )  Present Yancey Thornton, Tapley Maddox, James Miller & Joshua Williams.

Abraham Price     )

This day came the parties by their attorneys, and on motion of the plaintiff by his attorney it is ordered by the Court that the order heretofore taken for depositions be extended.

 

John Smith       )  Certiorari

vs.                      )  Present same Court above.

William Lewis  )

This day came the plaintiff by his attorney, and the defendant being solemnly called came not. Therefore it is considered by the Court that the plaintiff recover against the said defendant the sum of thirty dollars, the amount of the judgment obtained before the Justice of the Peace, besides his costs by him about his suit in this behalf expended.

 

James B. Reynolds  )  Debt

vs.                             )  Present the same Court above.

John Fletcher           )

This day came the parties by their attorneys, and by their consent it is ordered by the Court that this cause be continued.

 

Norris         )  In Covenant

vs.               )  Present the same Court above.

John Allen  )

This day came the parties by their attorneys, and by their consent it is ordered by the Court that this cause be continued.

 

Ordered that Hannah Smith have letters of administration on the estate of Richard Smith deceased, who comes into Court and enters into (p. 285) bond in the sum of one thousand dollars, with James Lee and Samuel Yarborough her securities, conditioned for faithfully administering in conformity with the last will and testament of said deceased.

 

Ordered by the Court that William Whitesides be appointed overseer of the road from Dover to the mouth of Leatherwood Creek, and all the hands on the waters of Leatherwood and Standing Rock work under him.

 

The following hands are to work under John Hodges, viz., Moses Larissa, Nathan Skinner, J. Thorn, Ezekiel Cox, David, Benjamin, Solomon and Enoch McNatt, and Thomas Stagner.

 

Deed of conveyance, William Outlaw and John Allen to James Mallory and John Trousdale for fifty acres of land was proved in open Court by the oath of William King and Willie Mallory and ordered to be registered.

 

William Randle, who was appointed a Constable, came into Court and entered into bond in the sum of three thousand dollars, with Thomas McGee, Thomas Randle and George Atkins securities, for his faithful performance in office etc. and took the necessary oaths.

 

Ordered that William Collier, an orphan boy, be bound to George Martin Sr., which is done accordingly.

 

Inventory and list of sales of the estate of Alexander Alderson deceased was returned on oath by the administrator and ordered to be recorded.

 

Deed of conveyance, Samuel Larrymore to Gladden Gorin for 330 acres of land was duly acknowledged in open Court and ordered to be registered.

 

(p. 286)

Ordered by the Court that William Rider be appointed overseer of the road in the room of Isaac Lowry and the same hands work under him.

 

Deed of conveyance, Robert Fenner to William M. Cooley for 308 acres of land was proved in open Court by the oaths of Joseph Gray Jr., George Atkins and Richard Cooley, subscribing witnesses thereto, and ordered to be registered.

 

The last will and testament of Jacob McCarthy deceased was proved in open Court by the oath of Henry Edwards, William Bailey and Benjamin Kelly, subscribing witnesses thereto, and ordered to be recorded. And Joseph McCarty and James Tagert, two of the executors, came into Court and qualified etc.

 

Deed of conveyance, Robert Stothart to Samuel Yarborough for 60 acres of land was proved in open Court by Nathan Yarborough and William Travis, subscribing witnesses thereto, and ordered to be registered.

 

Deed of conveyance, Hugh F. Bell, administrator of Robert Nelson deceased, to William Haggard for lots No. 101 and 102 in the town of Dover was proved in open Court by the oath of Robert Cooper and Duncan McRae, subscribing witnesses thereto and ordered to be registered.

 

Deed of conveyance, Robert Stothart to Nathan Yarborough for 100 acres of land was proved in open Court by the oath of William Travis, one of the subscribing witnesses thereto.

 

Court adjourned until tomorrow morning, eight o'clock.

                                                                                                            Joshua Williams

                                                                                                            James Miller

                                                                                                            James Tagert

 

(p. 287)

Tuesday, August 4th, 1812.  Court met according to adjournment, present James Miller, James Tagert and William King and Joshua Williams Esqrs.

 

A bill of sale from Isaac Lanier to James Latimore for three Negroes, William, Olive and Annichee, was proved in open Court by the oath of William McClure and Thomas Hamilton, subscribing witnesses thereto, and ordered to be registered.

 

A bill of sale from William McClure to Daniel Latimore for a Negro boy named Cesar was acknowledged in open Court by the said William McClure and ordered to be registered.

 

For reasons appearing to the satisfaction of the Court, on the oath of Joshua Williams Sr. it is ordered that he be allowed a duplicate certificate for William Pryor's attendance as a juror at October term 1808 for five days.

 

Jesse Denson           )  In Case.

vs.                            )  Present Joshua Williams, William King & David Hogan, Esqrs.

Philip Hornberger  )

This day came the parties by their attorneys, and thereupon came a jury, to wit, George Atkins, John Allen, Lewis Brewer, Henry Arrington, William McClure, Thomas Ward, Daniel McMillan, Hugh McMillan, James Whitley, Stephen Gilbert, Benjamin Kelly, William McAllister, who being elected tried and sworn the truth to speak upon the issues joined, upon their oath do say the defendant is guilty of speaking and publishing the slanderous words of the plaintiff as the plaintiff (p. 288) in declaring have alleged, and they assess the plaintiff's damages by reason thereof to one hundred dollars. Therefore it is considered by the Court that the plaintiff recover against the said defendant his damages aforesaid in form aforesaid assessed and his costs by him about his suit in this behalf expended.

 

A bond from Alexander Walker to Robert Walker for a deed for 300 acres of land was proven in open Court by the oath of Robert McKinney and John Cooper, subscribing witnesses thereto, and ordered to be registered.

 

Alsey Bradford, who was appointed a Constable yesterday, came into Court and entered into bond in the sum of three thousand dollars, conditioned for his faithful performance in office, and took the oaths of office, with Benjamin Bradford and Crawford Bradford securities.

 

Deed of conveyance, Thomas Ross to Samuel Ross for 90 acres of land, was acknowledged in open Court by the said Thomas Ross and ordered to be registered.

 

A deed of conveyance from Jacob McCarty to Thomas Lewis for one hundred acres of land was proved in open Court by the oath of James Tagert and James Whitley, subscribing witnesses thereto, and ordered to be registered.

 

The Grand Jury appeared in Court in a body and returned a bill of indictment, State against Edmund Taylor for an assault and battery on the body of Samuel Yarborough, a true bill, and returned to consider of other presentments.

 

(p. 289)

Ordered that William Lewis have leave to return 640 acres of land on Barrett's Creek for taxation for the year 1811 and be exonerated from paying double tax.

 

Ordered that Willie Blount have leave to return 274 acres of land adjoining Abner Lamb for the year 1812 and be exonerated from paying double tax.

 

Ordered that James Scarborough Sr. have leave to return 160 acres of land for taxation for the year 1811 and be exonerated from paying double tax.

 

Ordered that James Scarborough have leave to return 160 acres of land for taxation for the present year and be exonerated from paying double tax.

 

Ordered by the Court that Seth Outlaw and David Outlaw have leave to return 160 acres of land for taxation for the years 1811 & 1812 and to be exonerated from paying double tax.

 

Deed of conveyance, William Curl to Bartlett McGregor, was acknowledged in open Court by the said William Curl and ordered to be registered, for 50 acres of land.

 

Deed of conveyance, William Curl to Bartlett McGregor for one hundred and ten acres of land was acknowledged in open Court by the said William Curl and ordered to be registered.

 

Ordered by the Court that John Gaston be appointed overseer of the road from Tapley Maddox horse mill by John Gaston's to intersect the road from (p. 290) Ozburn Randle's ferry to Alexander Trousdale's, and that the following hands work under him, Walter Brown, Thomas Johnson, William Moore, William Thomason, Solomon Castleberry, Mark Thomason, Benjamin Hagler, Tapley Maddox, John Baker, William Randle, Henry Randle, John Graham, James Turner, Ozburn Randle and Parham Randle work under him.

 

Be it remembered that Samuel Yarborough and Jonathan May came into Court and acknowledged themselves indebted to the State in the sum of five hundred dollars each, to be levied of their goods and chattels lands and tenements for the use of the State, but to be void on condition that the said Samuel Yarborough appear here next term and prosecute a bill of indictment against Edmund Taylor for assault etc. And the said Jonathan May appears and gives testimony.

 

Ordered by the Court that Burwell Lanier be allowed, according to law, for two old aged wolf scalps.

 

Frederick Weston came into Court and entered into bond in the sum of three thousand dollars, with Atherington Rochelle and Philip Hornberger securities, for his performance in office as Constable.

 

(p. 291)

The Grand Jury appeared in Court in a body and returned a bill of indictment against Abigail Lancaster for taking and altering a note, a true bill, and then the Grand Jury was discharged for this term.

 

Be it remembered that William M. Cooley this day came into open Court and acknowledged himself indebted to the State of Tennessee in the sum of two hundred and fifty dollars, to be levied of his goods and chattels lands and tenements, but to be void on condition that he doth attend here on the Wednesday of the next term to prosecute and give evidence in behalf of the State against Abigail Lancaster on a bill of indictment found by the Grand Jury for said County, and to not depart without leave of said Court.

 

Ordered by the Court that William Lindsey be allowed for four wolf scalps under four months old, and also Asa Biggs for one other.

 

Ordered by the Court that William Rider be appointed overseer of the road in the room of Isaac Lowry, and the same hands work under him.

 

Deed of conveyance, Henry King to John Biggs for 100 acres of land was acknowledged in open Court by the said Henry King and ordered to be registered.

 

Ordered by the Court that Faulkner Elliott Jr. have leave to keep a ferry across Cumberland (p. 292) where his father formerly kept a ferry, who came into Court and entered into bond in the sum of two thousand dollars for faithfully keeping said ferry, with Lewis Elliott and Faulkner Elliott Sr. his securities.

 

It appearing to the satisfaction of the Court that heretofore, to wit, on the twenty ninth day of July 1812 James H. Russell obtained an execution from William Outlaw, one of the Justices of the Peace for the County, against the estate of James Ritchie deceased in the hands of William M. Cooley, surviving administrator of said James Ritchie, for the sum of eleven dollars and ten cents with interest thereon from the tenth day of November 1810 up to said time, and James Mallory one of the constables for said County returned to us that for want of assets in the hands of said administrator, he had levied said execution on one lot in the town of Dover, down in the plan of said town by No. 79. It is therefore ordered by the Court that the Sheriff expose to sale said lot for the debt and costs as aforesaid.

 

It appearing to the satisfaction of the Court that heretofore, to wit, on the twenty ninth day of July 1812, William Outlaw, one of the Justices of the Peace for the County, issued an execution in favor of James H. Russell against the estate of James Ritchie in the hands of William M. Cooley, surviving administrator, (p. 293) for the sum of three dollars and twelve cents and interest from November sixteenth 1810 of the said James Ritchie, and James Mallory, one of constables for said County, has returned to us that for want of assets in the hands of the administrator, he had levied the same on one lot in the town of Dover, No. 79. It is therefore ordered that the Sheriff expose said lot to sale for the satisfaction of said debt and costs.

 

Whereas it appears to the satisfaction of the Court that Peter Kendall recovered a judgment here last term against Joseph Gray Jr. wherein a mistake of the sum of ten dollars or thereabouts was made, it is therefore considered by the Court that the said Peter Kendall recover the aforesaid sum against the said defendant.

 

Aaron Fletcher     )  Appeal

vs.                         )

James H. Russell  )

This day came the parties by their attorneys, and on motion of the defendant a De. Po. is awarded him to take the deposition of Joseph Gray Sr., de bene esse, to be read as evidence in the case, giving the opposite party five days’ notice.

 

Court adjourned until tomorrow morning, eight o'clock.

                                                                                                            Joshua Williams

                                                                                                            James Patterson

                                                                                                            John Brigham

 

Wednesday August 5th 1812.  Court met according to adjournment, present Joshua Williams, James Patterson and John Brigham, Esqrs.

 

Ordered that Aaron Fletcher be exonerated from paying double tax on 491 acres of land for the year 1811, where he lives.

 

(p. 294)

Larry Satterfield came into Court and acknowledged the execution of a bill of sale to James H. Russell for a Negro boy named George, which is ordered to be registered.

 

Ordered by the Court that Duncan Stewart have leave to return 1300 acres of land for taxation for the present year and be exonerated from double tax.

 

Ordered that John McAuslin have leave to return 1000 acres of land for taxation for the present year and be exonerated from paying double tax.

 

Ordered that the Sheriff summon Joseph Smith, John Scarborough, Emanuel James, George Petty, William Haggard, Richard Blanton, Anderson Andrews, John Lewis, James Neal, James Lane, Abel Rushing, William James, James Brown, William Travis, Paul Howell, William Howell, Thomas French, Frances Smith, James Yarborough, John Palmer, William Pearce, Abner Pearce, Jesse Stancil, William M. Cooley, Charles Weaks and William Hubbard to attend here next term as jurors.

 

Ordered that James Haggard, Henry Pugh and Duncan McRae be appointed to settle with the administrators of Elias Watson deceased and make return immediately or next term.

 

(p. 295)

Ordered that Beverly Allen have leave to return 285 acres of land for taxation for the present year and be exonerated from paying double tax.

 

The commissioners appointed to settle with the administratrix of Arthur Collier deceased returned said settlement, which is ordered to be registered.

 

On motion of James H. Russell, it is ordered that Thomas White be taxed with the cost of Philip Hornberger, a witness in an attachment between said Russell and Yarborough, wherein said White was summoned as a garnishee.

 

On motion of Henry Cato by his attorney, it is ordered by the Court that an orphan boy called William Collier, bound to George Martin Sr., be restored to the mother and stepfather of him.

 

Alexander Outlaw records his stock mark, viz., a swallow fork and under bit in each ear.

 

On motion of James H. Russell, attorney in fact for Elizabeth Clinton, administratrix of the estate of Thomas Clinton deceased, it is ordered that the appeal in the case of Jesse Denson against her, which William Outlaw failed to return last term, be entered now on the docket for trial to next term.

 

Ordered by the Court that William Pryor be appointed guardian for the orphan children of Sampson Trammel deceased in the room of Joseph Gray Jr., who is acquitted of his said guardianship, and the said William Pryor comes into Court and enters into bond in the (p. 296) sum of one thousand dollars, with James Pryor and Jesse Denson his securities for the faithful discharge of his said guardianship.

 

Ordered that William Pryor have leave to return one white poll, four black polls and 320 acres of land and be exonerated from paying double tax.

                                                                                                Joshua Williams, JP

                                                                                                John Brigham

                                                                                                James Patterson

 

At a Court of Pleas and Quarter Sessions began and held for the County of Stewart at the courthouse in the town of Dover on Monday November 2nd 1812, present Joshua Williams, Nathan Ross, Joseph Gray and David Hogan, Esqr.

 

Ordered by the Court that Edward Sanders have leave to return 640 acres of land on the west fork of Wells Creek for taxation for the present year and be exonerated from double tax.

 

Ordered by the Court that James Rees be appointed overseer of the road from the four mile post to Cross Creek in the room of Thomas McGee and the same hands work under him.

 

Ordered that Thomas Hambleton have leave to return 40 acres of land for taxation for the present year and be exonerated from double tax.

 

Ordered that the heirs of Anthony Hart have leave to return 640 acres of land for taxation for the present year and be (p. 297) exonerated from paying double tax.

 

The following persons are drawn on the Grand Jury, to wit, William Hubbard, foreman, Charles Weeks, Joseph Smith, William Pearce, William M. Cooley, Jesse Stancil, Emanuel James, John Palmer, Abner Pearce, John Lewis, Richard Blanton, William Travis, Abel Rushing, who being elected sworn and charged, retired.

 

For reasons appearing to the satisfaction of the Court, it is ordered that John Randle be exonerated from paying taxes on 800 acres of land by him given in, as the land does not belong to him.

 

Ordered by the Court that Nathan Ross, Robert Walker and Henry Pugh settle with the administrators of Mackey McNatt deceased and make return to next Court, and also that Nathan Ross, Robert Walker, Joseph B. Neville and Henry Pugh divide the Negroes of said estate among the legatees and make return to next term.

 

Thomas Smith                 )  Case

vs.                                     )  Present Joshua Williams, Joseph Gray, John Kizer, Nathan Ross, Esqr.

Thomas Clinton’s admr.  )

This day came the parties by their attorneys and thereupon came a jury of good and lawful men, to wit, James Yarborough, John Scarborough, William Howell, William Pryor, Nimrod Crosswell, Jonathan May, Thomas French, Nathan Peoples, Lewis Williams, Larry Satterfield, Anderson Andrews and Caleb Williams, who being elected tried and sworn the truth to speak upon the issues joined, upon their oath do say they find the issues for the plaintiff and assess his damages (p. 298) by the nonperformance of promises and undertakings entered into by the said Thomas Clinton in his lifetime, to the sum of seventy-five dollars besides his costs by him about his suit in this behalf expended. And said jurors say further that the said defendant has fully administered all the goods and chattels which were of Thomas Clinton deceased at the time of his death which has come into his hands to be administered. Therefore it is considered by the Court that the plaintiff recover against the said defendant his damages aforesaid in form assessed, to be levied of their goods and chattels that were of Thomas Clinton deceased at the time of his death whenever sufficient, and the same shall come into the hands of said administrator to be administered and said costs to be levied of their goods and chattels of Thomas Clinton, if such there be, and if not, of the proper goods and chattels of the said defendant.

 

Ordered by the Court that Reuben Elliott have leave to return 72 acres of land and one white poll for taxation for the present year and be exonerated from double tax.

 

Thomas Hickman  )  In Debt

vs.                           )  Present Tapley Maddox, Joshua Williams, Nathan Ross, Joseph Gray.

Nathan Skinner     )

This day came the parties by their attorneys, and thereupon came a jury, to wit, James Yarborough, John Scarborough, William Howell, Nimrod Crosswell,  Nathan Peoples, Lewis Williams, Anderson Andrews, Thomas Smith, Joel Williams, Richard Ussery, Peter Kendall and Jonathan May, who being elected tried and sworn the truth to speak upon the issues joined, upon their (p. 299) oath do say they find the issues for the plaintiff and that there remains a balance due on the principal and interest of the debt in the declaration of the sum of one hundred and ninety-seven dollars and thirty-nine cents. Therefore it is considered by the Court that the plaintiff recover against the said defendant the aforesaid sum of one hundred and ninety-seven dollars and thirty-nine cents besides his costs by him about his suit in this behalf expended.

 

Be it remembered that John Jones personally came into Court and acknowledged himself indebted to the State in the sum of three hundred dollars, and Josiah Outland in the sum of one hundred and fifty dollars each, severally to be levied of their goods and chattels lands and tenements for the use of the State, but to be void on condition that the said John Jones do make his personal appearance here in Court on Wednesday next to answer the State of an affray and to not depart without leave of the Court.

 

Be it remembered that Simon Fletcher, Aaron Fletcher and William Haynes personally came into Court and acknowledged themselves indebted to the State in the sum of five hundred dollars, to be levied of their goods and chattels lands and tenements for the use of the State, but to be void on condition that Simon Fletcher do make his personal appearance here on Wednesday next to answer the State of an affray and not depart thence without leave of Court.

 

Ordered that Peter Buchanan, Lewis Williams and Drury Brinson have leave to build a mill on Wells Creek on the lands claimed by the heirs of Gause Brinson deceased.

 

(p. 300)

Joel Williams comes into Court and resigned his office as Register of the County, which is accepted by the Court.

 

Ordered by the Court that Ozburn Randle have leave to keep a ferry across Cumberland River, who comes into Court and enters into bond in the sum of one thousand dollars, with John Graham and John Atkins his securities, conditioned for faithfully attending said ferry etc.

 

Ordered that William Outlaw have leave to keep an ordinary at his house in Dover, who came into Court and entered into bond in the sum of five hundred dollars, with David Bradford and Tapley Maddox his securities, for keeping said ordinary.

 

Deed of conveyance, John McNairy to Josiah Askew for six hundred and forty acres of land was proved in open Court by the oath of John Allen and Yancey Thornton, subscribing witnesses thereto, and ordered to be registered.

 

Transfer of a plat and certificate of survey, and the warrant on which the same is founded, from Abner Kelly to Joseph Gray Jr. for fifty acres of land was proved in open Court by the oath of Benjamin Spencer and Henry Gibson, subscribing witnesses thereto, and ordered to be certified.

 

Deed of conveyance, Henry Pugh to Nathan Peoples for 50 acres of land was acknowledged in open Court and ordered to be registered.

 

Deed of conveyance, Henry Pugh to Nathan Ross for 320 acres of land was acknowledged in open Court and ordered to be registered.

 

Deed of conveyance, Henry Pugh to William King for 75 acres of land was acknowledged in open Court and ordered to be registered.

 

(p. 301)

Deed of conveyance, Jesse Fort to Micajah Hogan for 640 acres of land was proved in open Court by the oaths of Josiah Outland and John Jones, subscribing witnesses thereto, and ordered to be registered.

 

Ordered that Peter Buchanan be appointed overseer of the road in the room of William Bethea and the same hands work under him.

 

Personally came into Court John Allen and James Tagert and made oath that they believe a bond from Robert Nelson to Thomas Clinton for 20 acres of land to be the handwriting of the said Robert Nelson deceased, signature and all, which is ordered to be registered.

 

Deed of conveyance, Yancey Thornton to Jacob McCarty for sixteen acres and nine poles of land was proved in open Court by the oath of James Tagert and Philip Hornberger, subscribing witnesses thereto, and ordered to be registered.

 

A mortgage from John Brock to Jacob Rhodes for seven Negroes was proved in open Court by the oath of Asa Lanier, who also made oath that he saw John C. Fulmer subscribe his name thereto as a witness, and it is ordered to be registered.

 

Ordered by the Court that John Acree, John Ferrill and Cornelius Anderson settle with Nathan Ross, administrator of Rice Reddick deceased, and make return to next term.

 

Deed of conveyance from Isaac Lanier to Philip Rushing for forty acres of land was acknowledged in open Court by the said Isaac Lanier and ordered to be registered.

 

Ordered by the Court that the ferries in the County be rated as follows, to wit, from the first of November until the first of May, man and horse twelve and half cents, the balance of the year six and a fourth, for all footmen six and a fourth cents.

 

(p. 302)

Ordered by the Court that Asa Atkins be appointed overseer of the road leading from Bradford's ferry on toward Blooming Grove, and that Charles Roper be discharged from the road he now belongs to, and work under said Atkins.

 

Deed of conveyance, Isaac Lanier to William Outlaw for two lots in Dover was acknowledged in open Court by the said Isaac Lanier and ordered to be registered.

 

Ordered by the Court that James Neal, John Lewis, William James, James Patterson, James C. Brown view & mark a road from William James’ to strike the Humphreys County line near James Neal’s on White Oak Creek, and make return to next Court, and also from said James’ towards the Yellow Creek Furnace.

 

Ordered that John Brown have leave to return 184 acres of land on the Honey Fork of Cross Creek and be exonerated from double tax.

 

John Jones     )

vs.                  )  In case

Silas Vinson  )

This day came the parties by their attorneys, and on motion of the defendant for a continuance, affidavit having been filed, it is ordered by the Court that this cause be continued.

 

James B. Reynolds  )

vs.                             )  In case

John Fletcher           )

This day came the parties by their attorneys, and by their consent it is ordered by the Court that this cause be continued.

 

Ira Olive              )

vs.                        )  Appeal

Burwell Lashley  )

This day came the parties by their attorneys, and on motion of the defendant for a continuance, affidavit having been made, it is ordered by the Court that this cause be continued.

 

Court adjourned until tomorrow morning, nine o'clock.

                                                                                                            Joshua Williams, JP

                                                                                                            Nathan Ross

                                                                                                            James M. Miller

                                                                                                            James Patterson

 

(p. 303)

Tuesday morning, November 3rd, 1812.

Court met according to adjournment, present Joshua Williams, James Patterson, James Miller, John Brigham and Nathan Ross Esqrs.

 

Deed of conveyance, Henry Pugh to Nancy Rogers for 130 acres of land in two tracts was acknowledged in open Court by the said Henry Pugh and ordered to be registered.

 

Deed of conveyance, Henry Pugh to John Allen for three hundred acres was acknowledged in open Court by the said Henry Pugh and ordered to be registered.

 

Henry Pugh, one of the commissioners appointed to settle with the administrators of Elias Watson deceased, returned said settlement.

 

Henry Pugh returns an additional list or inventory of the estate of John Johnson deceased, which is ordered to be recorded.

 

Ordered that John Atkins have leave to return six hundred and forty acres of land in the name of Briant Whitfield for taxation for the present year and be exonerated from double tax, which he purchased for the taxes.

 

Richard Faucet came into Court and entered into bond in the sum of five hundred dollars, with Philip Hall his security, conditioned for keeping a bastard child with which Lucy Davidson is now pregnant from becoming a County charge.

 

(p. 304)

Ordered by the Court that Duncan McRae be allowed the sum of fifteen dollars out of any monies in the hands of the County Trustee not otherwise appropriated, for books furnished by him in his office.

 

Ordered by the Court that Joshua Williams Esq. and James Miller be appointed commissioners for the purpose of repairing the courthouse etc.

 

Aaron Fletcher     )  Appeal

vs.                         )  Present Joshua Williams, James Miller, James Patterson, Tapley Maddox,

James H. Russell  )  Nathan Ross, David Hogan, John Brigham, Joseph Gray, Esqr.

This day came the parties by their attorneys and thereupon came a jury, to wit, James Yarborough, William Howell, Nathan Peoples, Thomas Smith, John Scarborough, Henry Pugh, Thomas Boyt, Winship(?) Mouton, William Haggard, Joel Williams, Richard Gatlin and Philip Hall, who being elected tried and sworn the truth to speak upon the matters in controversy between the parties, upon their oath do say they find for the plaintiff the sum of fifteen dollars and ninety-nine cents besides his costs. Therefore it is considered by the Court that the plaintiff recover against the said defendant the aforesaid sum of fifteen dollars and ninety-nine cents besides his costs by him about his suit in this behalf expended.

 

Ordered by the Court that Yancey Thornton have leave to keep a Tavern at his house in Dover, who came into Court and entered into bond in the sum of five hundred dollars, with John Allen and James H. Russell his securities, conditioned for keeping an orderly house etc.

 

[Note:  The remainder of the November 1812 term is missing.]