Stewart County Court Minutes, March 1804 – October 1807
[The original volume is at the Stewart County Courthouse. It was microfilmed by the Tennessee State Library & Archives (TSLA) on Stewart County Microfilm Roll 38. It was transcribed in 1936 by the Works Progress Administration (WPA) as “County Court Minute Docket 1804-1807”; the WPA transcription is available only at TSLA.]
[Note: Page numbers are not in the original Minutes. They are added here as an aid to those locating specific pages on microfilm.]
(p. 1) Monday, March 12, 1804
At a Court held for the County of Stewart in the State of Tennessee by an Act of Assembly March 12, 1804, and of the independence of the US, 28th.
Present the worshipful Thomas Clinton, Chairman, proceeded to swear in Joshua Williams, William Allen and George Petty, Justices of the Peace for said County.
Whereupon David Dickson was appointed Clerk pro tem and William Curl Sheriff pro tem.
Ordered that Nathaniel A. McNairy Esqr. be admitted to the bar as an attorney in this Court.
Court adjourned till tomorrow morning, 10 o'clock.
Court met according to adjournment. Present: Thomas Clinton, William Allen, Joshua Williams, George Petty, Esqr.
The Court proceeded to the election of a Clerk: Samuel A. Smith – 2, David Dickson- 1
Whereupon Samuel A. Smith, Esqr., was duly elected Clerk of said County and qualified accordingly and gave security accordingly.
Court proceeded to the election of a Sheriff for said Court, whereupon William Curl was duly elected Sheriff of said Court gave good security accordingly.
The Court proceeded to the election of Register for said County, whereupon George Petty Esqr. was duly elected and gave bond accordingly.
(p. 2) Monday, March 12, 1804
The Court proceeded to elect a Coroner for said County.
The Court proceeded to elect commissioners of the Revenue for said County, whereupon Yancy Thornton was duly elected and qualified accordingly.
The Court proceeded to elect a Ranger for said County, whereupon Benjamin Downs was duly elected.
The Court proceeded to elect a Trustee for said County, whereupon James Smith was duly elected.
The Court proceeded to appoint jurors to the Superior Court, Aaron Fletcher and Daniel Cowen.
The Court appointed Nathaniel A. McNairy Solicitor for said County and took the necessary oath.
The will of William Massey was proven in open Court by Phillip Hornberger and Nathaniel Denson. Elizabeth Massey came into Court and took the necessary oath as executrix.
Ordered that the Sheriff collect for the use of the County 12 1/2 cents on every hundred acres of land in said County, 12 and half cents on each white poll, twenty-five cents on each black poll, on each stud horse one dollar.
Court adjourned until Court in Course, to the same place.
Thomas Clinton
Joshua Williams
George Petty
William Allen
(p. 3)
At a Court began and held agreeably to adjournment in the year 1804, 11th day of June, and of the independence of the United States, the 28th.
Present the worshipful Thomas Clinton, Joshua Williams, Esqr.
Court adjourned until tomorrow morning 12 o'clock.
Court met agreeably to adjournment. Present Thomas Clinton, Chairman, Joshua Williams, William Allen, Justices.
Thomas White, Mason Pawsife, Simon Fletcher, William Hubbard are delinquent jurors judged here.
The Grand Jurors: Thomas French, Phillip Hornberger, Richard Manly, Hamlin Manly, Walter Stewart, Joseph B. Nevill, Zachariah Oneal, Elisha Simpson, Jesse Denson, Thomas Brigham, Mason Bennett, Jesse Rasco, William Haggard, Goss Brinson, John Graham
(p. 4)
The Commissioner of the revenue made a return of the list of the taxable property within this County for 1804. And it is ordered by the Court that he is allowed a further time to complete the said work and make a return thereof.
Upon the petition of James Elder as Commissioner to run the lines of Stewart County agreeably to an act of the General Assembly, ordered that he be allowed the sum of $33 to be paid by the Treasurer for this County, out of the money not previously appropriated.
A deed acknowledged in open Court by Sterling May, the conveyor, containing 100 acres of land to Goss Brinson Sr.
Thomas Clinton Esqr. swore in open Court that he is subscribing witness of the conveyance of land for 923 acres of land from Small to Jesse Denson.
James Haggard proved in open Court a bill of sale given by H. Johnson to William Haggard for a Negro wench named Nance and a child Ned.
Perry W. Humphreys, gentleman, upon taking the oath to support the Constitution of the United States, the oath to support the Constitution of the State of Tennessee, and the oath as an attorney at law, he is therefore admitted to practice in this Court.
Ordered that Yancey Thornton, a Commissioner of the public revenue, shall be allowed the sum of $40 for his services as a Commissioner for said County of Stewart.
The jurors who attended at last Court shall be summoned the succeeding term to attend in Sept. next 1804.
(p. 5)
Court adjourned to Mason Bennett’s sine die.
Thomas Clinton
Joshua Williams
William Allen
At a Court of Pleas and Quarter Sessions in and for the County of Stewart and State of Tennessee, at the house of Mason Bennett, on the 10th day of September in the year 1804. Present the worshipful Thomas Clinton Esqr., Joshua Williams Esqr., George Petty Esqr. and William Allen Esqr.
The last will and testament of Josiah Smith was duly proven in Court on the oaths of James Smith and Zachariah Oneal, and ordered to be recorded.
A deed of conveyance for 274 acres of land from Duncan Stewart to Zachariah Oneal was proven in Court by the oath of Bryant Oneal and ordered to be recorded.
Grand Jury: Joseph B. Nevill, foreman. The following persons, to wit: Cornelius Anderson, Goss Brinson, Benjamin James, Elisha Simpson, Benjamin Downs, William Haggard, John Lee, Joseph B. Nevill, Phillip Hornberger, W. L. Dunbar, (p. 6) Jacob McCarthy, James Gatlin, James Edmondson, John Jones and Enoch James as grand jurors and were legally impaneled and sworn and charged and retired, of whom Joseph B. Nevill was appointed foreman.
James Tygart produced his commission from the Governor as a Justice of the Peace, took the oath of office, also the oaths to support the Constitution of the United States and of the Constitution of the State of Tennessee, and was thereupon admitted to his seat.
A deed of conveyance from Henry Lawson to David Childress for 274 acres of land was duly proven in Court by the oath of George Petty, subscribing witness, and ordered to be registered.
Ordered that the Sheriff record the certificates for services of the grand jurors of this County of Stewart, also the certificates of the jurors appointed to the Superior Court, in payment of taxes levied in the County aforesaid for the present year.
Court adjourned until tomorrow, 10 o'clock.
Tuesday, 11 September 1804
The Court met according to adjournment. Present, the worshipful Thomas Clinton, Joshua Williams, William Allen, Esqr.
(p. 7)
Jurors to the Superior Court, November term next: William Haggard and John Jones.
Ordered that Mason Bennett have license to sell liquor at his dwelling house in this County and he gives William R. Bell security, bound in the sum of five hundred dollars.
Ordered that William R. Bell have leave to build and erect a public mill on Wells Creek below the mouth of Dry Hollow, about half a mile above where he now lives.
Ordered that Mason Bennett have license to keep a public ferry across Cumberland at his landing at his house, and that he receive the sum of four pence, half penny for man & horse from the first day of June until the first day of December in each year, and every other month 12 and a half cents, and half the above sum for a single person. He gives bond and William R. Bell his security, bound in the sum of $500 for his faithful keeping his boat etc.
Ordered that a road be marked out from John Trousdale's, the nearest and best way to Mason Bennett's ferry across Cumberland, and that Mason Bennett, Caleb Williams, Lewis Elliott, Thomas White and Messer Ward view and mark the same and return to next Court. Thomas White is appointed overseer of the same and that the following hands work under him: all the persons living on Cub Creek and up to the Montgomery line.
Ordered that Aaron Fletcher, Simon Fletcher, Ebenezer Prewitt, John Cooper & William Lindsey be appointed to view and mark out a road from the state line on the head of the Saline, (p. 8) Creek the best way down said Creek to Squire Allen’s mill, and that Aaron Fletcher be appointed overseer of the same, and all the hands from Dyers Creek down to the state line work under him.
Ordered that the same jurors serve at next term, all except Benjamin James, Enoch James, and John Seal, and in their place, Lewis Brock, John Kizer and John Parchment, to be summoned to serve at next term.
Michael Glover ) Debt
vs. )
Henry Skinner )
Judgment confessed according to specialty with interest. The plaintiff's attorney stays execution two months. Joseph B. Nevill and Jesse Rasco, his securities in this case, surrender up the body of Henry Skinner and discharge of themselves. Henry Skinner gives other security as per bond.
Simpson )
vs. )
Bennett ) Lewis Evan, a witness, proves his attendance two days this term.
The commissioners of the revenue return a list of lands as reported, which the Court orders to be added to the former list.
Ordered that D. P. T. issue to take the deposition of Lewis Evan, de bene esse, to be read in the suit Simpson against Mason Bennett, and that two Justices take the same 10 days’ time to be given to the plaintiff, and the pleading be made up and wrote to be heard at next Court, continued.
Joshua Williams
William Allen
George Petty
James Tagert
(p. 9)
Squire Petty's house December 10, 1804
The Court met according to adjournment. Present, the worshipful Joshua Williams, George Petty, John Harvey, Esqr.
Grand Jury: Hamlin Manly, foreman
Sterling May John Grayham
James Gatling Benjamin Downs
Thomas Brigham Elisha Simpson
Witten Stewart Phillip Hornberger
Samuel French Zachariah Oneal
Jesse Rasco Jacob McCarty
John Kizer Thomas Almon
Sworn etc. etc.
William Pryor )
vs. ) Cost
William Rasco & Jesse Rasco )
Suit dismissed by plaintiff in proper person. William Rasco assumes all costs.
Deed - Duncan Stewart to Richard Manly for 1144 acres acknowledged in open Court and ordered to be registered.
Deed - Simon Fletcher to John G. Gold Fletcher for 149 acres acknowledged in open Court, ordered to registration.
(p. 10)
Court adjourned until tomorrow, 10 o'clock.
Court met according to adjournment, December 11, 1804. Present: the worshipful Thomas Clinton, Joshua Williams, James Tygart, and John Harvey, Esqr.
John Renfroe, by his attorney Robert Coleman, comes into Court and prays the double tax accrued on 320 acres of land lying in Stewart County at the mouth of Dyers Creek should be remitted, and it was so ordered by the Court, paying the taxes due thereon.
John Scott ) P. warrant
vs. )
Simon Fletcher )
Simon Fletcher comes into Court and acknowledges himself bound in the sum of $2000, to be levied of his goods and chattels, lands and tenements, but to be void on condition that he the said Simon do well and truly keep the peace of the State as a good citizen, for the term of one year from this date.
George Petty Esqr. is allowed license to keep a tavern at his dwelling house, gives bond with William Haggard and David Childers his securities, bound in the sum of $1000.
Court appointed Charles B. Wilcox Coroner for Stewart County. He gives bond with Caleb Williams and Thomas Smith securities, bond in the sum of $5000, he qualifies accordingly.
(p. 11)
December 11, 1804
Peter Brawner taxables in Stewart County: 640 acres of land given in by George W. Moor from the direction of John H. Hide of December 1804. Ordered by the Court that the above list be received by the Clerk.
State ) Indictment
vs. )
Charles W. Arrington )
On motion of State’s Counsel ordered that the suit be continued. Issue subpoena for Joel Boyd & Faulkner Elliott Jr.
Annie Hughes prays that an instrument of writing given by William Hornberger be admitted to record.
Elisha Simpson ) Case
vs. ) Joshua Williams James Tygart and John Harvey, Esqr.
Mason Bennett )
Jury: Nathaniel Denson, Jesse Denson, Goss Brinson, William Haggard, David Hogan, Richard Manly, Lewis Brock, Caleb Williams, James Simonson, Cornelius Anderson, William Hubbard, John Hobbs, Moses Laracy.
Jury being duly elected and sworn say upon their oaths that they find for the - no verdict given.
Samuel A. Smith’s mark of stock is an under bit in each ear, close or near the head or jaw, and a slit in each ear.
(p. 12)
December 11, 1804
On motion that Isaac Baker be released from the fine and double tax on 640 acres of land on the south side of Cumberland.
Deed of conveyance, 374 acres W. R. Bell to R. W. Ellison, proven by the oath of Phillip Hornberger and ordered to be registered.
Deed of conveyance for 274 acres of land to William Bell proven by the oath of Nathaniel McNairy, a subscribing witness, and ordered to registration.
Deed of conveyance, Thomas Clinton to Phillip Hornberger, for 115 acres of land, acknowledged in Court and ordered to be registered.
Deed of conveyance for 380 acres land, William Betts to Daniel Koen, proven by the oath of Duncan Stewart, a witness thereto, and ordered to registration.
Deed of conveyance by Lewis Bryant, attorney for Edmond Hatch, to Hardy S. Bryant, for 640 acres, and ordered to registration. Proven by the oath of John W Bryant, subscribing witness thereto.
Jurors to the Superior Court - David Childress (in place of Fletcher) & Yancey Thornton
Deed of conveyance by Daniel Ross to Henry Hide for 640 acres of land by the affirmation of George Lamb, allowed by the Court a subscribing witness.
Ordered that George Petty have license to keep a public ferry across Cumberland River at the landing at his own house. He gives as security Thomas Smith, John Graham, William James proven a bond for $1000 for his faithful performance.
(p. 13)
December 11 and 12th
Court adjourned till tomorrow 9 o'clock
December 12, 1804. The Court met according to adjournment. Present: Thomas Clinton, Joshua Williams and John Harvey.
The State ) Presentment
vs. )
Charles W. Arrington )
The defendant comes into Court and submits and is fined 12 1/2 cents and costs.
Ordered by the Court that the County Treasurer pay James Hulin and John Blare the sum of eight dollars each as commissioners to fix the seat of justice in said County, which the County Treasurer is to pay as soon as he gets the money into his hand.
Jurors to next term: John Churchwell, Robert Lancaster, Thomas Smith, David Childress, Briant Oneal, Joseph Smith, Vinson Randle, John McCarty, Lewis Brock, William Lewis, Sterling May, James Poyner, Thomas Craig, Charles Cottingham, James Herrod, John Boyd, William Crouse, Jonathan May, John Ellison, Malakia Lewis, William Randle, John Frazer, Messer Ward, Archibald Legate, Wilson Randle, Guthridge Lyons, John Kizer
Ordered by the Court that James Moore be exempted from paying taxes for 640 acres of land - it being in Robertson County.
(p. 14)
December 12, 1804
Robert Nelson acknowledges in open Court a deed of conveyance for 950 acres of land lying on Hickman's Creek conveyed to Thomas Reeves.
Present the worshipful Thomas Clinton, Joshua Williams, John Harvey, James Tygart, Esqr.
On motion ordered that the Clerk of this County, Samuel A. Smith be allowed the sum of $20 for ex officio services, and that the Collector pay him the same out of the money collected by him.
On motion it is ordered that the Sheriff, Mr. Curl, be allowed $20 for his ex officio services, and that the Collector pay him that amount to him out of the money that came into his hands.
A deed of conveyance for 274 acres of land from Richard Boyd to William Bell proven in open Court by the oath of Nathaniel McNairy, a subscribing witness, ordered for registration.
A deed of conveyance for 50 acres of land to Robert Lancaster acknowledged in open Court and ordered to registration.
Joshua Williams
James
Tagert
John
Harvey
(p. 15) Monday, March 11, 1805
The worshipful Court of Stewart County met according to adjournment. Present: worshipful Thomas Clinton, Esqr., Chairman, Joshua Williams, William Allen, Esqr.
Grand Jury: William Lewis, foreman
James Herrod Thomas French Sr. Robert W. Ellison
Sterling May Thomas Smith Isaac Brunson
John Boyd Joseph Smith Messer Ward
Robert Lancaster Wilson Randle Charles Cottingham
Jonathan May Thomas Craig
Being the Grand Jury duly elected for the County sworn etc.
On motion ordered that the Clerk issues a certificate for the allowances made last Court to John Blare and James Huling, the commissioners appointed for running the county lines, and fixing the seat for holding the County courts of Stewart, to authorize the said allowed last time.
On motion ordered that Henry Small, Commissioner for fixing the place for holding the County Court of Stewart, it is therefore ordered that he should be allowed the sum of eight dollars for his services, and that the Clerk is hereby ordered to issue a certificate to the Sheriff for the same, when said Sheriff has as much in his hands.
Ordered on motion that Robert Cooper, who Elder deputized, shall be allowed $13 for his services for running the county lines, and that the Clerk issues a certificate for the same, authorizing the Sheriff to pay the same when he has as much in his hands.
(p. 16)
March 11, 1805
On motion ordered that William Allen Esqr. is to take the list of taxable property in Capt. Williams’ Company for the year 1805, and that George Petty Esqr. is to collect or take the list of taxables in Capt. Green's Company, and that Esqr. Tagert take the list in Capt. Green's Company.
Elisha Simpson ) Case
vs. ) Thomas Clinton, Esqr., Chairman, Joshua Williams and William Allen, Esqr.
Mason Bennett )
Jury: Phillip Hornberger, William Hanes, Adam McGee, George W. Neville, Mann Phillips, Bryant Oneal, Jeremiah Norwood, Peter Phillips, John McCarty, William McGee, Thomas Massingill, John Landers. Being duly elected and sworn upon their oath.
The Court adjourns till nine o'clock tomorrow.
March 12, 1805. The Court met according to adjournment. Present: the worshipful Thomas Clinton, Joshua Williams and William Allen. Esqr.
Last will and testament of Peter Phillips proven in open Court by the oath of Absalom Fentress, subscribing witness thereto.
(p .17)
March term 1805
William Curl, Collector for Stewart County, returns on oath the following persons as insolvent:
John Churchwell 1 white poll
Charles Campbell 1 white poll
John Hays 1 white poll
John Carney 1 white poll
Warren Fortner 1 white poll
John Price 1 white poll
Morris Wiggins 1 white poll
for which he cannot find any property.
Ordered on motion that a road be marked out from the
upper line of the County to the state line on the south side of the river, that
is from the upper line to Lick Creek the nearest and best way, and John Harvey, Phillip Hornberger, James Wyatt Jr., Jacob McCarty and Robert Wyatt view and mark the same.
Deed of conveyance from Sterling May to William Lewis for 230 acres of land acknowledged in open Court by Sterling May.
Elisha Simpson )
vs. )
Mason Bennett )
The jury in this case being called, one of them failed to answer, therefore there was a mistrial. The parties in this case agreed to leave their matter to arbitration. The plaintiff chooses William Haggard and Thomas French Sr., and the defendant chooses John Landers and Bryant Oneal arbitrators, and that their award shall be returned to this term, which award shall be considered the judgment of Court.
(p. 18) March term 12th 1805
Thomas and Polly Smith )
vs. )
Jacob Phillips )
John Landers, the defendant’s bail, came into Court and surrenders the body of defendant, in discharge of himself.
State )
vs. )
Charles W. Herrington )
George Petty Esqr., the defendant’s bail, comes in the Court and surrenders the body of the defendant, in discharge of himself.
State ) Indictment
vs. ) Thomas Clinton, Joshua Williams and George Petty, Esqr.
John W. Hide )
The defendant submits and is fined 12 1/2 cents.
State ) Indictment
vs. ) Joshua Williams, William Allen and James Tygart, Esqr.
Charles W. Herrington )
Jury: Davis Yarborough, Archabal Ezell, David Foster, John French, Jeremiah Norrod, Jesse Denson, Samuel French, Robert Wyatt, Lawrence Satterfield, William Lindsey, Gideon French, George Bruton duly elected and sworn say that they find the defendant guilty as charged. Therefore the Court orders him fined in the sum of $10. Judgment is entered up accordingly. Committed until paid. Joel Boyd, a witness, proves his attendance five days.
(p. 19)
March 12, 1805
State ) Indictment
vs. )
Reuben Elliott )
The defendant being called out and failed to answer, and his bail also called to bring in the body of the defendant failed, therefore it is considered by the Court that they forfeit their recognizance upon a scire facias against the bail, F. Elliott.
State ) Presentment
vs. )
Charles W. Herrington )
Faulkner Elliott Sr., you acknowledge yourself bound in the sum of $50 to be levied of your goods and chattels, lands and tenements, but to be void on condition that you personally appear at our next Court and give testimony against Charles W. Herrington – acknowledged. Faulkner Elliott proves his attendance 3 days, two ferriages.
Elisha Simpson )
vs. )
Mason Bennett )
We the arbitrators being chosen by the parties and appointed by the Court to arbitrate on their case, do say that the said Mason Bennett do pay the said Elisha Simpson the true sum of $60 with all costs that has been on same (p. 20) with the arbitrators of the case wherein Elisha Simpson plaintiff and Mason Bennett defendant, have conferred on the same and do make answer. We therefore proceeded to choose the umpires, and their award is to be his award thus, and the said Mason Bennett do pay the said Elisha Simpson the true sum of $60 with all costs that have come on said case. John Landers, Thomas French, Bryant Oneal, and William Haggard, arbitrators, and Philip Hornberger.
Exceptions entered to the above award and filed by the defendant and considered for argument till next Court.
Jurors to next term: Simon Fletcher, John Brigham, Cornelius Anderson, John Acree, John Polk, Aaron Fletcher, Moses Larrissee, Henry Seners, John Frazer, William Dunbar, Benjamin Bradford, Thomas White, Samuel French, Caleb Williams, David Hogan, Hamblin Manly, William Haggard, Gause Brinson, George Boyd, Martin Wells, Nathan Thomas, Zachariah Ratliff, Lewis Brock, John Kizer, John Parchment, Jacob McCarty, Nathaniel Denson, Phillip Hornberger, William Hornberger, Malakia Lewis, James Poyner, James Cook, James Wyatt Sr., Walter Stewart, John Graham, William Outlaw, Thomas Smith, Larry Satterfield, Bryant Oneal, Nimrod Crosswell
(p. 21)
March 12, 1805
Ordered that the Clerk of this Court make out a certificate of the lands reported by the Sheriff upon which the taxes for the year 1804 has not been paid, and no property found upon the said land on which he can make distress, and that the said certificates be advertised according to law.
Ordered that the Clerk be allowed the sum of five dollars to be paid out of the County treasury for the books furnished for record, and that a certificate be given to the treasurer for the same.
The Court adjourns to William Haggard's in Course.
Joshua Williams
William Allen
George Petty
June 10th, 1805
At William Haggard's house. The worshipful Court met according to adjournment. Present: the worshipful
Thomas Clinton, Chairman, Joshua Williams, William Allen and George Petty Esqr., Justices.
Grand Jury: William Outlaw, foreman; James Wyatt Sr., Simon Fletcher, John Acree, Jacob McCarty, Caleb Williams, John Kizer, John Parchment, Samuel French, Zachariah Ratliff, William Hornberger, John Graham, Nimrod Crosswell, William Dunbar, Nathaniel Denson being duly seated and sworn.
State ) Presentment
vs. )
Charles Herrington )
This day came the said defendant in proper person and confesses that he is guilty of the charge as exhibited against him, and the Court upon solemn argument thereon is of opinion that he is to be fined 6 1/4 cents, and that he stand committed until paid and costs.
A deed of conveyance from Lewallen Leggate to George Boyd Sr. for 82 acres of land proved in open Court by the oath of Thomas Clinton.
Ordered by the Court that Thomas French, Yancey Thornton, and Robert Cooper be appointed commissioners to settle with the Collector of the County, and report the state of the treasury to the Court.
Deed of conveyance from James Robertson to William Randle proven in open Court by the subscribing witness William Carter, for 320 acres of land.
William Randle’s mark: swallow fork in each ear
Bryant Oneal's mark: a crop and slit in each ear
State )
vs. )
Faulkner Elliott )
Faulkner Elliott, security for R. Elliott, comes into Court and surrenders the said R. Elliott into Court, and he is in custody of the Sheriff.
State ) Presentment
vs. )
R. Elliott )
The said defendant comes into Court and submits, and the Court after hearing and being satisfied, the Court says that the said R. Elliott be fined twelve and a half cents, and that he be kept in custody until paid.
The executor of Peter Phillips Sr. returned an inventory of personal property or estate of the said Peter Phillips Sr., deceased, by Peter Phillips Jr., his executor.
(p. 23) Monday, June 10, 1805
Mary Brinson and Duncan Stewart, upon application to the County, they are appointed administratrix and administrator of all and singular the rights and credits of Gause Brinson, deceased, and having given bond and security according to the Acts of the General Assembly in that case made and provided. And the said Mary Brinson after oath having been made by her, she returned a just inventory of all property.
Deed of conveyance from Daniel Ross to James Gatlin was proven in open Court by Ephraim Gatlin, the subscribing witness, for 448 acres of land.
Deed of conveyance from Enoch Morraset to James Poyner for 200 acres of land proven in open Court by the oath of Duncan Stewart in open Court.
Court adjourned till tomorrow 10 o'clock.
Tuesday, June 11, 1805. The Court met agreeable to adjournment. Present: the worshipful Thomas Clinton, William Allen, Jesse Williams, Esqr.
Hezekiah Boyce ) Case
vs. )
Isaac Brunson )
The said plaintiff having been solemnly called and does not appear in prosecution of his said suit, it is ordered by the Court that the said plaintiff be non-suited for the want of a declaration, and that the said defendant depart this Court without day, and recover of him his costs about his defense in this behalf .
(p. 24)
Tuesday, June 11, 1805
The commissioners who were appointed to settle the County tax and fines for the year 1804 exhibit their accounts, and it is found due by statement to be one dollar and 33 3/4 cents of the Collector.
A Deed of conveyance from Silas Vinson to John Jones for 17 1/4 acres of land proven in open Court by the oath of John Acree.
State )
vs. )
John Scott )
Ordered that John Scott and his securities be aliased and discharged from their recognizances and go without day.
Thomas Smith & Polly Smith ) Slander
vs. )
Jacob Phillips )
This day came the parties by their attorneys and a jury of good and lawful men: Walter Stewart, Henry Skinner, Bryant Oneal, Lawrence Satterfield, Benjamin Bradford, Martin Wells, Hamlin Manly, James Cook, David Hogan, Malla Lewis, James Pinner, John Frazer, who being elected and sworn the truth to speak upon the issue joined, upon their oaths do say that the said defendant is guilty of the charges exhibited against him by the plaintiff as in pleading they have alleged, and assess the damage $250. And therefore it is considered by the Court that they recover against him the sum of $250 and costs about their suit expended. An appeal prayed and granted and bond and security given accordingly.
(p. 25)
Tuesday, June 11, 1805
Hezekiah Boyce ) Case
vs. )
Isaac Brunson )
This day comes into Court, by their consent their suit is taken out of Court, and let to the award of William Cooley, Thomas French, William Haggard and Aaron Fletcher as arbitrators, to settle and adjust all the accounts and disputes between the said Boyce and Brunson now depending in said Court. And the said arbitrators come into Court and are sworn as such proceeds.
Ordered that Nathaniel A. McNairy be allowed the sum of $2 for his ex officio services as County Solicitor up to this term, and the County Trustee is hereby authorized to pay the same out of any monies not appropriated in his hands.
Ordered that the commissioners who were appointed to settle with the Collector of this County be allowed one dollar each for their services.
Ordered that William Haggard be appointed overseer of the road from Monroe to Nevels Creek where Haggard’s tract crosses, and William Bailey, William Pearce, Major Gray hands, Thomas French, Harry Gibson and the settlement below Cub Creek to work under the aforesaid overseer to open the same.
Ordered that David Hogan be overseer of the road from Nevels Creek to the mouth of Dicks Fork, with all the hands below Cross Creek to work under him.
Ordered that Archibald Ezell be overseer of the road from the mouth of Dicks Fork to the county line near Trousdale’s, and all the hands on Cross Creek work under him to open the same.
State ) Petit Larceny
vs. ) Not a true Bill
John Scott )
On motion by the defendant by his attorney (p. 26) moves to tax the prosecutor with the costs of indictment. It is ordered that the prosecutor pay the costs of the indictment. Aaron Fletcher, prosecutor. Ordered that the prosecutor pay the costs of the indictment.
Ordered that the administrators of the estate of Goss Brinson deceased be authorized to sell the personal property of the said deceased, except the Negroes, after advertising according to law.
Polly & Thomas Smith ) Slander
vs. )
James & Ephraim Gatlin )
By consent of the parties it is ordered that this cause be referred to the decision of William Outlaw and Hamlin Manly. And if they disagree then they are to choose a third person as umpire, the award of which arbitration or their umpire shall be the judgment of this Court, to which it is to be returned.
Thomas Smith & Polly Smith )
vs. )
Jacob Phillips )
John Williams proves two days attendance this Court and two last Court. William Hanes, witness for plaintiff, proves two days this Court and two last Court.
Ordered that there be a road from George Petty's to Allen's mill on the Saline, and John Anderson, Ebenezer Pyatt, James McCulloch, Cornelius Anderson, William Hubbard, and William Lindsey be viewers of the same, and William Lindsey overseer of the same, with all the hands below Dyers Creek to work under the said Lindsey and open the same.
The Court adjourned till tomorrow 10 o'clock.
The worshipful Court met agreeable to adjournment. Present: the worshipful Thomas Clinton, Joshua Williams, William Allen, Esqr.
(p. 27)
Wednesday, June 12, 1805
Ordered that Charles B. Wilcox, Coroner, be allowed $5 as Coroner for holding an inquisition on a dead man found in this county, and that the Collector pay the same when able.
A deed of conveyance from John Boyd to Franklin Goram proven by oath of Parry W. Humphreys, the subscribing witness, for 137 acres.
State of Tennessee, Stewart County, June term 1805: a Power of attorney, bearing date 19 September 1804, from Burwell Seagraves to Jasper Turner of North Carolina, was acknowledged in open Court by the said Burwell Seagraves to the said Turner to make a right and title to a certain tract of land specified in said power of attorney.
Jesse Denson and William Haggard are appointed jurors to attend the Superior Court at Nashville the second Monday in November next.
On petition of William Outlaw for erecting a mill on Lick Creek, it is ordered that there be five freeholders appointed to go and examine the premises, condemn and lay out an acre of ground for the purposes of erecting a mill as aforesaid on the opposite of the Creek to that claimed by the said Outlaw, on a place on said Creek where a low red oak and two white walnuts on the creek bank are marked with the letters WO, opposite the place where David Childress now lives, and the Court appoints Thomas Smith, Bryant Oneal, Adam McGee, George Petty, Thomas Clinton and Robert Ellison freeholders for the above purpose.
Elisha Simpson ) Cause
vs. )
Mason Bennett )
This day came the plaintiff by his attorney, and on motion of the said Bennett by his attorney to set aside the award of the arbitrators made last Court. And after solemn argument being had thereon by their counsel, it is considered by the Court that the said award be recovered. And it is further considered by the Court that the plaintiff recovers against the defendant the sum of $60, the amount of the award and his costs about his suit in that behalf expended.
(p. 28)
Wednesday, June 12, 1805
Jurors to September term 1805:
Adam McGee, William McGee, Zachariah Oneal, John Landers, William Green, John Williams, Wilson Randle, Silas Vinson, William Pryor, James Gatlin, Lewis Brock, John Forbes, Sterling May, John Rogers, Charles Cottingham, John Cottingham, John McCarty, Joseph McCarty, John Burcham, Robert Ellison, Phillip Hornberger, Amos Roachel, Messer Ward, Daniel Young, Davis Yarborough, Samuel French, Elisha Simpson, Peter Kendall, Jonathan May, Charles Pistole, Richard Thomas, William Pinner, Gold Fletcher, Charles Polk, John Polk, Cornelius Anderson, Moses Larisy, Samuel Luton, Charles Brandon, William Hubbard, John Jones
The Clerk of this Court, having given bond and security to the Governor for his faithful performance of his duty as Clerk, with Thomas Smith, Caleb Williams, John Graham, William Allen, James Moore, John Scott, John Frazer, Benjamin Downs his securities, and approved of by the Court.
John Landers enters his mark of stock - a crop, a hole and a slit in the right ear and a crop and a hole in the left.
Thomas & Polly Smith ) Slander
vs. )
James & Ephraim Gatlin )
The arbitrators appointed to settle the dispute between the parties in this case return their award in the words and figures following, to wit:
State of Tennessee, Stewart County, June session 1805: whereas Thomas and Polly Smith and James and Ephraim Gatlin had submitted to our award and arbitration all and every suit action or cause of action depending now between the aforesaid parties, and particularly a suit brought by the said Thomas and Polly Smith versus the said James and Ephraim Gatlin. William Outlaw and Hamblin Manly - we having examined the witnesses and heard the parties and taking everything into consideration, respecting the matter or business, could not agree. We therefore by consent of the parties chose Robert Cooper umpire, and taking the whole of the business again into consideration, award and determine that the said James and Ephraim Gatlin pay to the said Thomas and Polly Smith $25 (p. 29) damages and all costs of said suit. And that the said Thomas and Polly Smith pay unto the said Ephraim and James Gatlin a sum equal to the one half of the said costs. Given under our hands and seals this 12th day of June 1805.
William Outlaw
Hamlin Manly
Robert Cooper
Wherefore it is considered by the Court that the said plaintiff recover against the said defendants the said sum of $25 and his costs of suit in the behalf expended, and the said defendants in mercy etc. And they are further considered by the Court that the said plaintiffs pay to the said defendants a sum equal to one half of the amount of the costs of the suit.
Thomas & Polly Smith )
vs. )
James & Ephraim Gatlin )
Patience Arrington, a witness for the plaintiff, proves two days’ attendance last Court and three days this Court and two ferriages.
Charles Arrington proves two days’ attendance last term and three this term as a witness for plaintiff, and two ferriages.
Abiah Lancaster, a witness for plaintiff, proves three days in the above suit and two ferriages.
John Williams, a witness for defendant and plaintiff, proves two days’ attendance last term and three this term in the above suit.
Robert Lancaster, a witness for plaintiff, proves three days’ attendance.
Hezekiah Boyce )
vs. ) James Haggard, a witness, proves two days’ attendance.
Isaac Brunson )
Ordered that John Kizer, Yancey Thornton & Gause Brinson be appointed as patrollers of Capt. Graham’s company.
William Outlaw - his mark for cattle is two smooth crops and a slit in each ear and a half moon under each ear.
(p. 30)
Wednesday, June 12, 1805
Ordered that John Kizer act as overseer of the road from the County line of Montgomery to the forks of the road this side of Guices Creek, and all the hands on the said Creek to work under him. Likewise, Mr. McCarty and Thornton to work under him.
Ordered that Phillip Hornberger act as overseer from the forks of the road to Cross Creek, and all the hands between the said bounds to work under him.
Ordered that William Outlaw act as overseer from Cross Creek to Monroe, and all the hands within those bounds to work under him.
Elisha Simpson )
vs. )
Mason Bennett )
David Hogan, a witness for the plaintiff, proves one day last term and three this term, and two ferriages.
John Spencer, a witness for the plaintiff, proves 7 days in all and 2 ferriages.
Richard Manly, a witness for the plaintiff, proves 8 days in all.
Charles Wilcox, a witness for the plaintiff, proves 6 days in all and 4 ferriages.
Hamlin Manly, a witness for the plaintiff, proves 4 days in all and 2 ferriages.
James Campbell, a witness for the defendant, proves 4 days in all and 2 ferriages.
Caleb Williams, a witness for the defendant, proves 8 days in all and 4 ferriages.
Ordered that the Sheriff collect, for the use of the County, 12 1/2 cents for every hundred acres of land in said County, 12 and half cents for each white poll, and twenty-five cents on each black poll; on each stud horse one dollar.
Joshua Williams
William Allen
George Petty
Court adjourned until Court in course, at George Petty's.
(p. 31) Monday, September 9, 1805
At George Petty's Esqr., the worshipful Court met according to adjournment. Present: the worshipful Thomas Clinton, William Allen, Joshua Williams, Esqr.
Grand Jurors: Daniel Young – foreman; Samuel French, John Jones, Robert Ellison, Messer Ward, Cornelius Anderson, Wilson Randle, William McGee, Elisha Simpson, Moses Larresee, Adam McGee, William Pryor, Charles Brandon, Joseph McCarty, Davis Yarborough, being duly elected and sworn etc.
Ordered by the Court of Stewart that the Collector of this County collect $13.87 1/2 cents for the use of the printer of Nashville for his ferries, for three publications for which said Collector is to retain the same in his hand out of the first monies collected by him.
Ordered that the Clerk receive the list of the different districts of said County of Stewart of taxable property.
Received of Esqr. Taggart his list of Capt. Graham's company; also George Petty Esqr.’s list of Capt. Green's company; also William Atkins Esqr. list of Capt. Williams company.
Ordered by the worshipful Court that Jesse Denson have liberty to erect a saw and grist mill on Long Creek near where Robert Armstrong and Frederic Barfield now live on said land, land about 4 miles from Cumberland River.
(p. 32) Monday, September 9, 1805
A deed of conveyance from Silas Vinson to Thomas Brigham for 12 acres of land proven in open Court by the oath of Benjamin Downs.
Ordered by the worshipful Court that a road be laid off from the main road near Phillip Hornberger's and to lead to the head of Wells Creek, and that Thomas Craig, Enoch James, John Seals, John McGill and John Forbes are appointed commissioners to lay off said road.
Ordered by the worshipful Court of Stewart that a road be laid off from the town of Monroe down Cumberland River on the South side, the nearest and best way towards Eddyville and that William Haynes, Robert Lancaster, James Gatlin, Joseph B. Neville, William Pryor, Thomas Brigham be appointed viewers of the same; Robert Lancaster overseer from the town to Bear Creek, and William Pryor on the lower part to the state line.
James Ferrell ) Appeal
vs. )
Frederick Weston )
This day came the defendant by his attorney, and the plaintiff being called and does not appear, it is therefore considered by the Court that the plaintiff be called and non-suited and that the defendant depart this Court without day and recover against the plaintiff his costs about his defense in this behalf expended etc.
A deed of conveyance from William Rasco to William Pryor for 640 acres of land proven in open Court by the oath of Benjamin Downs.
(p. 33) Monday, September 9, 1805
The Sheriff of Stewart County has given a bond for the sum of $5000 for the punctual payment of public monies.
The Clerk of Stewart County has given a bond for the sum of $5000 for the safekeeping of the records of said County. Also a bond for the punctual payment of all public monies by him received.
Ordered by the worshipful Court that a road be laid off from Allen's mill to the state line up the Saline Creek, and that John Cooper, John Brigham, John Hobbs, John Polk and Charles Polk be viewers of the same, and John Polk overseer of the same.
Ordered that there be a road laid off from Allen's mill to the mouth of the Saline and that Moses Larrisee, Charles Brandon, Joseph Miller, William Hubbard, John Walker, and Cornelius Anderson be viewers of the same, and Cornelius Anderson of the same, overseer.
Agreeable to an order of the Court of Stewart County to us directed, we having been for sworn to settle a suit that was taken out of Court by the consent of the parties Hezekiah Boyce, plaintiff, and Isaac Brunson, defendant, the witnesses being sworn and strictly examined before us, we are of the opinion that each party pay his own costs. Said Brunson is to pay said Boyce $19.25; received by the Court, June 22nd 1805.
William Cooley
William Haggard
Thomas French
Aaron Fletcher
(p. 34) Monday, September 9
State ) Prosecution - James Smith
vs. ) The Grand Jury finds a true Bill.
Samuel A. Smith )
Jury: Daniel Young - foreman, Joseph McCarty, Messer Ward, Elijah Simpson, Cornelius Anderson, John Jones, William Pryor, Robert Ellison, Charles Brandon, Samuel French, Moses Larrisy, Wilson Randle, William McGee, Davis Yarborough, being duly elected, tried and sworn, say that they find the defendant guilty as charged in the indictment.
Jurors to December term 1805: John Frazer, Benjamin Bradford, William Dunbar, Caleb Williams, Thomas White, H. Manly, David Hogan, Richard Manly, James Dunbar, Elisha Simpson, Jacob McCarty, Yancey Thornton, Lewis Realing, James Herrod, Martin Wells, Nathaniel Denson, George Boyd, John Price, William Crouse, George Crossnoe, James Cook, John Seals, Lemuel Smith, Joseph Miller, James McCulloch, Ebenezer Pyatt, George Bruton, Aaron Fletcher, Henry Gibson, Jesse Rasco, Samuel Luton, Henry Skinner, Joseph Smith, Thomas Brigham, William Hanes, Robert Lancaster, David Childress, Larry Satterfield, William Green.
The Court adjourns to meet at the same place 9 o'clock tomorrow.
(p. 35)
Tuesday morning 9 o'clock September 10, 1805
The Court met according to adjournment. Present: the worshipful Thomas Clinton Esqr., Joshua Williams, William Allen and George Petty.
Ordered by the Court that Samuel A. Smith be confined until the final hearing of the indictment against him for misbehavior in office.
Ordered by the Court that judgment be entered up against the following tracts of land, to wit:
State )
vs. )
Asa Bird )
It is ordered that judgment be entered against the lands and tenements of Amos Bird for the State and County for the year 1804, and all costs thereon, for 1280 acres of land.
State )
vs. )
William Cook, Thomas Mitchell, agent )
Ordered by the Court that the Clerk issue an execution against the lands and tenements of William Cook for the State and County tax for the year 1804, and all costs accruing thereon for 2560 acres; judgment accordingly.
State )
vs. )
Samuel Crockett )
Ordered by the Court that the Clerk issue an execution against the lands and tenements of Samuel Crockett for the State and County tax for the year 1804, and all costs accruing thereon for 640 acres; judgment accordingly.
State )
vs. )
Robert Tanner, by William Christmas )
Ordered by the Court that the Clerk issue an execution against the lands and tenements of Robert Tanner
for the State and County tax for the year 1804, and all costs accruing thereon, for 1280 acres on Barrett's
Creek and 1280 on Dyers Creek; judgment accordingly.
(p. 36)
State )
vs. )
Edward Hart, by Lewis Bryan, agent )
Ordered by the Court that the Clerk issue an execution against the lands and tenements of Edward Hart for the State and County tax for the year 1804, and all costs accruing thereon, for 640 acres; judgment accordingly.
State )
Vs. )
William Richards, by Bennet Searcy, agent )
Ordered by the Court that the Clerk issue an execution against the lands and tenements of William Richards for the State and County tax for the year 1804, and all costs accruing thereon, for 1000 acres; judgment accordingly.
State )
vs. )
Haydon Wells )
Ordered by the Court that the Clerk issue an execution against the lands and tenements of Haydon Wells for the State and County tax for the year 1804, and all costs accruing thereon, for 400 acres; judgment accordingly.
State )
vs. )
Daniel Wheaton )
Ordered by the Court that the Clerk issue an execution against the lands and tenements of Daniel Wheaton for the State and County tax for the year 1804, and all costs accruing thereon, for 1737 acres; judgment accordingly.
State )
vs. )
William P. Anderson )
Ordered by the Court that the Clerk issue an execution against the lands and tenements of William P. Anderson for the State and County tax for the year 1804, and all costs accruing thereon, for 1280 & 274 acres; judgment accordingly.
State )
vs. )
John Reed, by William P. Anderson, agent )
Ordered by the Court that the Clerk issue an execution against the lands and tenements of John Reed for the State and County tax for the year 1804, and all costs accruing thereon, for 730 acres; judgment accordingly.
State )
vs. )
John Sample )
Ordered by the Court that the Clerk issue an execution against the lands and tenements of John Sample for the State and County tax for the year 1804, and all costs accruing thereon, for 1280 acres; judgment accordingly.
(p. 37)
Adam McGee's mark of stock is an under bit out of the underside of each ear.
James Smith, bound in the penal sum of $200, to be levied on his goods and chattels, lands and tenements, which sum to be void on condition that he makes his personal appearance here at our next Court, to prosecute and give testimony in the case of the State against Samuel A. Smith.
Ordered by the Court that Elijah Lancaster receive for his services the sum of four shillings and six pence for his services as constable attending the Grand Jury.
The Court adjourns to George Martin's in course.
Joshua Williams
George Petty
John Harvey
(p. 38) Monday, December 9, 1805
At George Martin's house, the worshipful Court of Stewart met agreeable to adjournment. Present: the worshipful Thomas Clinton, William Allen, Joshua Williams, John Harvey, George Petty, James Taggart, Esqr., Justices.
(p. 39)
At a Court began and held for the County of Stewart at the house of Mr. Martin's, on second Monday of December in the year 1805, and of the independence of the United States the 30th, present the worshipful Thomas Clinton, William Allen, Joshua Williams, John Harvey, George Petty, James Taggart, Esqr., Justices.
Grand Jury: Richard Manly - foreman, Benjamin Bradford, Joseph Miller, Thomas Brigham, Nathaniel Denson, John Seal, Martin Wells, Lewis Realing, David Childress, Lemuel Smith, Thomas White, James Cook, Elisha Simpson, James McCulloch, George Crossnoe
John Childress & Thomas Childress ) Debt
vs. )
Thomas Clinton )
This day came the parties and the defendant in proper person, and confesses judgment for $58.57. Therefore it is considered by the Court that the plaintiffs recover against the defendant the debt in the declaration mentioned, together with costs of their suit in this behalf expended etc.
(p. 40) Monday, December 9, 1805
John Scott ) Case
vs. )
Aaron Fletcher & Simeon Fletcher )
This day came the defendants by their attorney, and the plaintiff failing to attend, it is therefore ordered by the Court that the plaintiff be non-suited and that the defendants recover against the plaintiff their costs about their defense this behalf expended etc.
A deed of conveyance from Samuel A. Smith to Daniel Lewis acknowledged in open Court by Samuel A. Smith for 274 acres of land.
A deed of conveyance from James Robertson to William McGee for 320 acres proven by the oath of Adam McGee in open Court.
A deed of conveyance from William McGee to Adam McGee of 160 acres acknowledged in open Court by William McGee.
A deed of conveyance from John Eastes to Yancey Thornton for 30 acres of land proven in open Court by the oath of James Tygart.
A deed of conveyance from Guthridge Lyons to William Lyons Jr. for 350 acres proven by the oath of Yancey Thornton.
Deed of conveyance from John Reed to Thomas Clinton of 365 acres proven in open Court by the oath of William R. Bell, a subscribing witness.
A deed of conveyance from George Boyd to Lemuel Smith for 232 acres of land proven in open Court by the oath of John H. Hide.
(p. 41) Monday, December 9, 1805
Ordered by the Court that John H. Hide is permitted to alter the name of General Samuel Smith to that of Solomon Kitts on 640 acres of land given in by said John H. Hide.
Ordered that John H. Hide be permitted to give in 640 acres of land, south side Cumberland River near the Lyon Island, the property of Samuel Crockett, and that the double tax be remitted.
Thomas White's mark of stock is an under bit out of each ear and each ear split or slit.
Benjamin Bradford's mark of stock is a crop in each ear and an under bit in the right.
David Hogan's mark of stock is a smooth crop in the left ear and an over bit out of the right.
A deed of conveyance from Thomas Clinton to George Boyd proven in open Court by the oath of Robert Cooper.
The jurors who were appointed to lay off a road in September term last, which road was to be laid off in September term, from the main road from Philip Hornberger's to lead to the head of Wells Creek, and that the viewers of the same have returned to Court, and that Sissels is to be overseer of the same, and all the hands in the district of Wells Creek.
It is ordered by the Court that John Brown of the State of Kentucky, by his agent James Stewart Esqr. of Montgomery County, enters 640 acres of land lying on Bear Creek, South side Cumberland River.
(p. 42) Monday, December 9, 1805
It is ordered that John McGill may give in his lands and taxables, and that the double tax be remitted on the same, being 130 acres of land and one poll.
Ordered by the Court that William Cocke’s taxable property be received with single tax only (lying on Wells Creek).
Ordered that Robert Hays taxable property in Stewart County be received by the Sheriff with the single tax, lying on both sides of Saline Creek, John Cook agent.
Ordered by the Court that 160 acres be rebated from taxation from a mistake in entering 800 acres of land, the property of Hardy Murphy, instead of 640.
Court adjourns till 10 o'clock tomorrow, to the same place.
The Court met according to adjournment. Present: the worshipful Joshua Williams, William Allen, John Harvey and James Tygart.
Ordered by the worshipful Court that William Curl Esqr., Collector, receive for his ex officio services the sum of $30, to be paid by the county Collector.
(p. 43) Tuesday, December 10, 1805
Ordered by the worshipful Court of Stewart that Samuel A. Smith, Clerk for said County, receive the sum of $30, to be paid to him for his ex officio services, to be paid by the county Collector out of the first monies appropriated.
Ordered by the Court that Lewis Elliott have a ferry established at John Frazer's old ferry on Cumberland River, after giving bond and security according to the act of the General Assembly in such case made and provided.
Ordered that Benjamin Bradford have a ferry opposite the mouth of Elk Creek on Cumberland River, after giving bond and security according to the act of the General Assembly in that case made and provided.
Ordered by the Court that a road be laid from Benjamin Bradford's ferry the nearest and best way to the County line near the Blooming Grove, and that William Dunbar, James Dunbar, Thomas White, David Hogan, Caleb Williams, Lewis Elliott and William White be appointed viewers of the same.
Ordered by the Court that Thomas Almond, Constable, be allowed for his services and expenses in conducting prisoners from the County of Stewart to Nashville, the sum of $47.75, to be paid by the County Treasurer or Collector, when there is money into his hand not appropriated.
(p. 44) Tuesday, December 10, 1805
Charles Polk and Hamlin Manly have, by producing their commission as Justices from the Governor, have taken the necessary oath and also the oaths to keep the Constitution of the United States and the State of Tennessee.
William Nelson appointed by the Court Clerk pro tem.
State ) Indictment
vs. ) Plea not guilty for misbehavior in office
Samuel A. Smith )
Jury: Thomas Smith, Phillip Hornberger, James Wyatt Sr., William Haggard, Peter Kendall, Joseph McCarty, William Dunbar, Caleb Williams, James Dunbar, Aaron Fletcher, Henry Gibson, Larry Satterfield
being duly elected and sworn the truth to speak, upon the issue joined, upon their oaths do say that the defendant is not guilty of the charge as exhibited in the bill of indictment etc.
Jurors to Superior Court: William Dunbar and Thomas French
Col. Duncan Stewart has made a return to this Court of the amount of sales of the estate of Gause Brinson deceased.
(p. 45) Tuesday, December 10, 1805
William Outlaw ) Debt
vs. )
Samuel Luton )
This day came the plaintiff by his attorney, and the defendant being solemnly called and not appearing, it is therefore ordered by the Court that a judgment by default be entered against him, and that he recover against him $131.95, the debt in this declaration mentioned, together with his cost in behalf expended etc.
Jurors to March term 1806: William Pryor, Silas Vinson, John Jones, Joseph B. Neville, James Gatlin, Wyly Whatley, Bryant Oneal, William McGee, Robert W. Ellison, William Lewis, William Rogers, William Lyons, Thomas Smith, Walter Stewart, Sterling May, Tapley Maddox, Cornelius Anderson, William Hubbard, Samuel French, Davis Yarborough, Jonathan May, Stephen Gilbert, Peter Kendall, Edmond Taylor, Ezekiah Rorie, Richard Ramsey, John French.
Ordered by the Court that James Jeffries be exonerated from the payment of taxes on 640 acres of land, from a mistake appearing that two 640 acres were entered instead of one 640 acres of land.
(p. 46) Tuesday, December 10, 1805
Ordered that Jesse Denson enters 640 acres of land lying on Long Creek upon the South side of Cumberland River. And it is ordered by the Court that the said Jesse Denson be released from paying double tax upon the said tract of land, it appearing to the satisfaction of the Court that the said double tax should be taken off.
It is ordered by the Court that Samuel A. Smith Esqr. be restored to his office as Clerk of this County. He is honorably discharged from every _____ alleged against said Smith in the bill of indictment. And said prosecutor taxed with the cost.
State ) Indictment
vs. )
Samuel Smith )
On motion by the defendant's counsel to tax the prosecutor James Smith with the costs, and it appearing to the satisfaction of the Court that the prosecution was frivolous and malicious, it is therefore ordered by the Court that the said James Smith pay all costs.
(p. 47) Tuesday, December 10, 1805
Samuel A. Smith, Clerk of Stewart County, resigns his office as Clerk of said County, and he is to recover all his fees up to the present day, whereupon the Court proceeded to elect a Clerk pro tempore.
Thomas Clinton and William Nelson were candidates, and Thomas Clinton was elected by a large majority - seven and Nelson none. Ordered that he be appointed Clerk after giving bond and security according to the act of the General Assembly in such case made and provided, and Duncan Stewart and Robert Nelson as his securities.
It is the opinion of the Court that Thomas Clinton act as Clerk pro tempore until next Court.
Ordered that Thomas Almond be allowed nine shillings for his attendance on the jury.
A deed of conveyance from Charles Stewart to William Cottingham for 320 acres of land proven by the oath of Duncan Stewart.
Ordered by the worshipful Court of Stewart County that William Allen and William Curl and George Petty are as a committee appointed, to examine all papers relating to the Clerk's office, and render the same to Thomas Clinton Esqr., Clerk pro tempore, and also whether the public monies are finally settled by the former Clerk, and receive the balance if any should be found, and give Samuel Smith receipts before he pay them, and return the same to Court and make the remittance.
(p. 48) Tuesday, December 10, 1805
The Court desires, by order, that Samuel A. Smith, former Clerk, receives and is allowed all due monies upon all suits etc. relating to the County of Stewart, up to the determination of each particular suit, as far as he has officiated or is entitled, and is to attend on 30 December 1805, and shall have it in his power to recover the same by the determination of each suit.
Ordered by the Court that Jesse Rhimes enters 640 acres of land lying on Bucks Fork, by his agent Howell Tatum Esqr. of the town of Nashville.
Ordered by the Court that Samuel A. Smith, Clerk of Stewart County, send, forward and have the lands reported by the Sheriff of Stewart County to Knoxville and Nashville, and the same advertised according to law.
(p. 49) Monday, March 10, 1806
Court met at the house of William Haggard according to adjournment. Present: the worshipful Thomas Clinton, Joshua Williams, William Allen, James Tygart, George Petty Esqr.
Thomas Clinton resigns his appointment as Clerk pro tempore, and Robert Cooper appointed in his room.
Grand Jury: Peter Kendall - foreman, Silas Vincent, John Jones, Wiley Whatley, William Rogers, Thomas Smith, Walter Stewart, Samuel French, Jonathan May, Stephen Gilbert, William Haynes, Edmond Taylor, Hezekiah Rorie, Richard Ramsey, John French.
Deed of conveyance, Martin Wells to Etherington Rochel, was proven in open Court by the oath of James Tagert, a subscribing witness thereto, and ordered to be recorded.
Joseph B. Neville and William Outlaw came into Court and took the oaths of office as Justices of the Peace.
Deed of conveyance, Thomas Clinton to Thomas Smith, was proven in open Court by the oath of Robert Cooper, a subscribing witness thereto, and ordered to be registered.
Deed of conveyance, Hendley Stone to Thomas Smith, was proven in open Court by Lemuel Smith, a subscribing witness thereto, and ordered to be registered.
Deed of conveyance, William Pryor to William Haynes, was proven in open Court by the oath of Benjamin Downs, a subscribing witness thereto, and ordered to be registered.
(p. 50)
On motion ordered that the Sheriff receive the tax due for 320 acres of land belonging to Moses Shelby for the year 1805.
Deed of conveyance, William Pryor to John Churchill, was proven in open Court by the oath of Benjamin Downs, a subscribing witness thereto, and ordered to be registered.
Power of attorney, William Blake to Martin Wells, was proven in open Court by the oath of John Warden, a subscribing witness thereto, and ordered to be registered.
Ebenezer Pyatt was appointed Constable and gave a bond with William Allen security in $500, for his faithful performance in office and took the necessary oaths.
Edmund Taylor records his ear mark, a crop in the right ear and a slit in the left.
George Martin Sr. records his ear mark, a crop and under bit in the right and a swallow fork in the left ear.
Deed of conveyance, Henry Small to Robert Nelson, was proven in open Court by the oath of P. W. Humphreys, a subscribing witness thereto, and admitted to registration.
William Cooley records his ear mark, a crop and a hole in each ear.
Deed of conveyance, Elisabeth Cain to Richard Nichols, was acknowledged in open Court and admitted to registration.
David Childress records his ear mark, a crop and a slit in the left and two under bits in the right.
William Haggard records his ear mark, a crop of the right ear and a nick under it, and a nick in the underside of the left.
Power of attorney, Orren Jones to William Rogers, was proven in open Court by the oath of William Curl, a subscribing witness thereto, and ordered to be recorded.
James B. Reynolds is appointed County Solicitor in the room of Nathaniel A. McNairy, who resigned.
(p. 51)
Wiley Whatley appointed Constable, and gives bond and security in the sum of $500, George Petty and Nathaniel Denson securities, and took the necessary oaths.
Ordered that Hamlin Manly receive the lists of taxable property in Capt. Williams’ company, Charles Polk Esqr. in Capt. Allen's company, William Outlaw Esqr. in Capt. Green's company, James Tygart in Capt. Graham's company, and make return to next Court.
Power of attorney, David Outlaw to William Outlaw, was proven in open Court by the oath of Parry W. Humphreys, a subscribing witness thereto, and ordered to be recorded.
Court adjourned until tomorrow morning 10 o'clock.
Tuesday, March 11, 1806. Court met according to adjournment. Present: Joshua Williams, George Petty, William Allen, James Tagert and William Outlaw, Esqr.
Ordered that the Sheriff summon William Dunbar, Thomas White, Messer Ward, Joel Yarborough, Paul Howell, Davis Yarborough, James Dunbar, James Lee, Richard Tomlinson, Aaron Fletcher, Simon Fletcher, John G. Fletcher, John Cooper, Cornelius Anderson, John Hobbs, James Rogers, William Hubbard, William Lindsey, Martin Wells, Lewis Brock, Thomas Smith, John McCarty, Moses ___ for George Boyd, John Boyd, John Graham, Joseph McCarty, James Wyatt Jr., John Acree, Ephraim Gatlin, William Green, Jeremiah Norrod, Nimrod Crosswell, Mathew Manning, Bryant Oneal, Wilson Randle, John Landers, to appear to serve as Grand and Petit jurors the next term.
(p. 52)
Ordered that the Sheriff summon Samuel Luton and William White to serve as jurors to the Superior Court next term.
Ordered that the Sheriff collect, for the use of the County, a County tax for the present year: 12 and half cents on each hundred acres of land, 12 and half cents on each town lot, 12 1/2 on each white poll, twenty-five cents on each black poll, one dollar on each stud horse. And one half of the same sums on the same property, for the use of public buildings, prison, stocks etc.
Ordered that John Allen and Hamlin Manly attend and receive the public papers of Samuel A. Smith, former Clerk, and that the same send receipt to said Smith for them.
Deed of conveyance, Robert Nelson to George Petty, was proven in open Court by the oath of Joshua Williams, a subscribing witness thereto, and admitted to registration.
Deed of conveyance, Robert Lancaster to Elisabeth Cain, was proven in open Court by the oath of George Petty Esqr., a subscribing witness thereto, and admitted to registration.
Court proceeded to elect a Clerk for said County, whereupon Robert Cooper was unanimously elected Clerk of the same, and entered into bond of $5000, with Thomas Clinton, James Tagert, Martin Wells and Thomas Smith securities.
The Court proceeded to elect a Sheriff when William Curl was elected unanimously, and entered into bond with Joseph Gray, Thomas Clinton and Caleb Williams securities, in the sum of $5000 for his faithful performance in office; also, a bond with two securities for the collection of public monies, and took the necessary oaths of qualification.
Ordered that Elijah Lancaster have letters of administration in the estate of Robert Lancaster deceased.
(p. 53)
Elijah Lancaster returned an inventory of the estate of Robert Lancaster deceased.
Thornton & Moore )
vs. )
Thomas Smith )
This day came the parties (to wit): came the defendant, and the plaintiff being solemnly called failing to appear and prosecute the suit by them brought, therefore it is considered by the Court that they suffer a nonsuit, and the defendant have judgment for his costs in that behalf expended.
Court adjourned until Court in course, to meet at the new Court house in the town of Dover.
Joshua Williams
James Tagert
William Allen
George Petty
Charles Polk
(p. 54) Monday, June 9th, 1806
At a Court began and held at the new courthouse in the town of Dover for the County of Stewart. Present, the worshipful Joshua Williams, Hamlin Manly, and William Allen Esqr.
Grand Jury: Joel Yarborough - foreman, Paul Howell, William Dunbar, Thomas Smith, Martin Wells, Wilson Randle, William Hubbard, John McCarty, James Lee, Richard Tomlinson, John Cooper, John Graham, John Hobbs, Lewis Brock, William Green, elected, sworn etc.
Messer Ward records his stock mark, a crop in the right ear and a swallow fork in the left.
Deed of conveyance, John Reid, by his attorney W. P. Anderson, to Thomas Smith for 265 acres of land was proven in open Court by the oath of Robert Brunson, a subscribing witness thereto, and ordered to be registered.
Deed of conveyance, George Boyd to William Crouse, for 21 acres of land was acknowledged in open Court and ordered to be registered.
Ordered that Rachel Rasco be allowed letters of administration of the estate of William Rasco deceased, William Allen and Dudley Williams, security. Present, Joshua Williams, William Outlaw, James Tagert and Hamlin Manly Esqr.
Henry Minor Esqr. produced a license to practice as an attorney and qualified accordingly.
Ordered that Burwell J. Thompson be allowed to return his land, 640 acres, for the years 1804 and 1805, in the name of Thomas Perry, and pay the double tax accordingly.
Ordered that Rachel Rasco, administratrix of the estate of William Rasco deceased, sell all the perishable property belonging to said estate, advertising the same agreeable to law.
(p. 55)
Deed of conveyance, George Boyd to Thomas Almond, for 119 acres of land was acknowledged in open Court and ordered to be registered.
Deed of conveyance, John Overton, Andrew Ewing and James Mulherin, executors of Thomas Molloy deceased, to William Outlaw for 160 acres was proven in open Court by the oath of Nimrod Crosswell and Anderson Andrews, subscribing witnesses thereto, and ordered to be registered.
James Rogers, being bound to recognizance to appear at this Court for a breach of the peace, and no prosecution appearing, ordered that he depart this Court without day and his securities exonerated.
Ordered that Bryant Oneal be appointed overseer of the road from the town of Dover to the 4 mile post, near Cross Creek, and all the hands from there to the mouth of Long Creek and down to Indian Creek and out to the Ridge work under him.
Ordered that William Dowdy be appointed overseer of the road from the 4 mile post to Cross Creek, and all the hands from there in the line to the mouth of Long Creek and below Cross Creek work under him.
Ordered that Richard Tomlinson be appointed overseer of the road from North Cross Creek to the County line, in the room of Archibald Earle, and the same hands work under him.
Andrew Peterson & Thomas Brantley ) Case
vs. )
Aaron Fletcher )
Parties came into Court and the defendant by his attorney J. B. Reynolds prays for a continuance and swears that Wright Bonds is a material witness in this case, and after solemn argument it is considered by the Court that it be continued accordingly. Ordered that a dedimus potestatem issue for the defendant, issuing to take the deposition of John Potts in State of Kentucky, a witness for defendant, giving 30 days’ notice.
(p. 56)
James Tagert, Esqr. Returns the tax list of Capt. Graham’s company for the present year.
Ordered that William Lindsey, overseer of a road, be exonerated from working on the said road, and the road be discontinued.
Ordered that William Pryor, William Haynes, Joseph B. Neville, James Gatlin, Jesse Norrod, Thomas Smith, and Elijah Lancaster, be appointed to lay off a road from the town of Dover to the Kentucky line, the nearest and best way to Pryor’s Creek and to the state line.
Henry Gibson be appointed overseer of the road instead of William Haggard.
George Petty records his stock mark, a crop in the right ear.
Hamlin Manly Esqr. returns the tax list of Capt. Williams’ company for the present year.
Deed of conveyance, Duncan Stewart to John Harvey for 240 acres of land, was proven in open Court by the oath of Walter Stewart and Lewis Brock, subscribing witnesses thereto, and ordered to be registered.
Deed of conveyance, Samuel Luton to Isaac Brunson, was proven in open Court by the oath of George Petty and Benjamin Downs, subscribing witnesses thereto, and ordered to be registered.
Of the State and County tax for the County of Stewart, William Curl, Sheriff and Collector, reports to the Court the taxes remain unpaid on the following tracts of land for the year 1805, and there is no other property of the owners of which he can make the same within said County:
John Arrington 100 Guices Creek
Burwell Bayliss 200 Piney Fork
John Cocke 428 N. side of Cumberland
Jacob Hoover 3840 Cumberland River
Jacob Hoover 274 Barrets Creek
William Lewis 1280 below Cross Creek
William Lewis 274 S. side of Cumberland
(p. 57) Edward Landers 640 Wells Creek
Edward Landers 640 Wells Creek
Hugh Murphy 640 situation unknown
Samuel Marsh 2000 on Saline Creek
John Overton 1000 on Cross Creek
John Overton 491 mouth of Elk
Oliver Smith 640 N. Cross Creek, granted to Nancy Shepherd
Roger R. Sappington 96 ¾ tract of Benjamin Shepherd
Roger R. Sappington 2692 formerly James Lisle
Roger R. Sappington 121 ½ tract of James Taylor
Roger R. Sappington 640 formerly John G. Blount
Roger R. Sappington 640 formerly Reading Blount
Roger R. Sappington 640 formerly William Blount
Roger R. Sappington 555 ½ formerly John Cherry
Genl. Samuel Smith 640 So. side of Cumberland
William Lewis 1000 and 1 white poll - Saline
Robert Nelson a/o Jesse Roberts 580 near mouth of Saline
George Hooper 1000 So. side of Cumberland, Five Mile Creek
It is therefore ordered that the Clerk make out a list of the same, together with the amount of taxes, costs and charges due thereon, and cause it to be published in the Gazette of the printer to the State, and twice in some Gazette in this district, setting forth that the same shall be sold for the taxes, or as much thereof as will satisfy the taxes, costs and charges.
Ordered that the Clerk make out a list of the lands reported by the commissioners of the revenue and give it to the Sheriff for collection.
Ordered that William Outlaw have leave to build a mill on Lick Creek on his own land, at a place where two red oaks and two white walnuts are marked WO, opposite where David Childress lives.
Court adjourned till tomorrow morning, 9 o'clock.
Court met according to adjournment. Present: Thomas Clinton, Joshua Williams and James Tagert.
John Den, on ) Ejectment
demise of William Outlaw )
vs. )
Richard Fen )
The plaintiff by his attorney P. W. Humphreys comes into Court and the defendant being solemnly called and failing to appear, it is considered by the Court that the plaintiff recover against the said John his sum not yet exposed, together with the costs of suit in this behalf expended.
Ordered on motion that writ of supersedeas issue.
(p. 58)
Charles Polk Esqr., by William Allen Esqr., returns the tax list of Capt. Allen's company for the present year.
William Outlaw Esqr. returns the tax list of Capt. Green's company for the present year.
Ordered that Thomas Clinton and William Outlaw let the building of a stray pen for stocks on the public square in the town of Dover and superintend the building thereof.
Ordered that John Seals be appointed overseer of the road from Philip Hornberger's to the head of Wells Creek, and all the hands above the Widow Brinson's work under him.
Ordered that tavern keepers in this County be rated as follows, Viz. 12 and half cents for each meal victuals, 12 1/2 for 1/2 pint of whiskey, 12 1/2 for horse feed, 6 1/4 for lodging, 3 1/2 for pint of rum, 12 and half for Brandy of half pint.
Ordered that Richard Manly Jr. be appointed overseer of the road in the room of David Hogan.
Richard Manly Jr. records his stock mark, a smooth crop in the left ear and a slit and under bit in the right.
Richard Manly Sr. records his stock mark, crop in the left and an under bit and over bit in the right.
Ordered that William Curl and R. W. Ellison be appointed jurors to the Superior Court, next term.
Deed of conveyance, William Curl to William Allen, for 923 acres of land acknowledged in open Court and ordered to be registered.
Ordered that James Scarborough, Henry Jackson, James Wyatt Sr., Drury Bird, Anderson Andrews, Nathaniel Denson, William Pryor, William Haynes, John Jones, James Gatlin, Benjamin Bradford, Daniel Lewis, Caleb Williams, Daniel Young, Samuel French, Elias Watson, Richard Ramsey, Benjamin Edwards, Dennis Rushing, George Cathey, Jacob McCarty, Yancey Thornton, William Lyons, Tapley Maddox, William Crouse, Noah Sinclair, Rowland Rushing, Elijah Rushing, David Rushing, William Hornberger, John Allen, John G. Fletcher, Simon Fletcher, Cornelius Anderson, Taylor Polk, Thomas French, James Haggard, William Haggard, William Pearce be summoned for jurors to next term.
(p. 59)
William Allen ) Detinue
vs. )
James Mallory )
On motion of the defendant by his attorney, ordered that a dedimus potestatem issue to take the deposition of James Mallory and from Elisabeth Fon of Halifax County, State of North Carolina, to be read as evidence in behalf of the defendant, giving 30 days’ notice to the plaintiff.
State ) Indictment
vs. )
Benjamin Edwards )
The defendant comes into Court and submits to the Court and the evidence on behalf of the State being examined. Wherefore it is considered by the Court that he be fined 12 1/2 cents and pay the costs of prosecution and stand committed until paid.
State ) Indictment
vs. )
James Haggard )
The defendant comes into Court and submits to the Court, and the evidence in the behalf of the State being examined. Whereupon it is considered by the Court that the State recover against the said defendant the sum of five dollars, and that he stand committed until the fine and costs are paid.
State ) Indictment
vs. )
Asa Lanier )
The defendant comes into Court and submits to the Court and the evidence on behalf of the State being examined. Whereupon it is considered by the Court that the State recover against the said defendant the sum of 12 and half cents, and that he stand committed until the fine and costs are paid.
State ) Indictment
vs. )
William Haggard )
The defendant comes into Court and submits, and the evidence on behalf of the State being examined, it is considered by the Court that State recover against the said defendant the sum of $2.50 and costs, and that he stand committed until it is paid.
(p. 60)
John Williams ) Case
Vs. )
William Outlaw )
On motion of the defendant by his attorney, ordered that a commission issue to take the deposition of Edward Outlaw in Sumner County, to be read as evidence on behalf of the defendant, giving the plaintiff 10 days’ notice.
Be it remembered that William Dunbar and James Lee came into Court and acknowledged themselves severally indebted to the State in the sum of fifty dollars for the use of the State, to be void on condition that they make their personal appearance at our next Court of Pleas and Quarter Sessions to be held for the County of Stewart at the courthouse in the town of Dover, the second Monday in December next, to testify and the truth to say on behalf of the State in a bill of indictment versus Edmond Taylor, and also another bill of indictment, State versus George Keyzer.
Acknowledged in open Court. R. Cooper, CSC
William Dunbar
James (x) Lee
State ) Indictment
vs. )
James Haggard )
On motion of the defendant by his attorney PW Humphreys to quash the indictment on account of informality, after solemn argument thereon is considered by the Court that the bill be quashed.
Ordered that all the hands on Dyers Creek be added to the road of which Henry Gibson is overseer.
Court adjourned until Court in course.
Joshua Williams
Hamblin F. Manly
Thomas Clinton
(p. 61)
At Court began and held for the County of Stewart at the courthouse in the town of Dover on the second Monday in September, 8th day, 1806. Present, Thomas Clinton, James Taggart, Charles Polk, William Allen, George Petty and Joseph B. Neville, Esqr.
Grand Jury: Daniel Young - foreman, James Wyatt, Samuel French, Drury Bird, Dennis Rushing, James Haggard, William Hornberger, Jacob McCarthy, William Haggard, Nathaniel Denson, Daniel Lewis, David Rushing, Benjamin Edwards, William Crouse, Caleb Williams, impaneled, sworn etc.
Deed of conveyance, Charles Johnson and Hardy Volentine to Martin Wells for 400 acres of land was proven in open Court by the oaths of James Fentress and Absalom Fentress, subscribing witnesses thereto, and ordered to be registered.
Ordered that the Sheriff receive the tax on 37 1/2 acres of land belonging to William Clements on Guices Creek, being part of a tract formerly Wykoff and Clark 228, for the year 1805 and 1806.
Deed of conveyance, Guthridge Lyons to Tapley Maddox for 350 acres of land was proven in open Court by the oath of James Tagert and William Lyons, subscribing witnesses thereto, and ordered to be registered.
Deed of conveyance, Guthridge Lyons to Tapley Maddox for 1 acre of land was proven in open Court by the oaths of James Tagert and William Lyons, subscribing witnesses thereto, and ordered to be registered.
(p. 62)
Deed of gift, William Lyndsey to James Polk for a bay mare was acknowledged in open Court and ordered to be registered.
Bill of sale, John Polk to Benjamin W. Polk, was proven in open Court by the oath of Charles Polk and John Polk, subscribing witnesses thereto, and ordered to be registered.
Ordered that Jacob McCarthy, Lewis Realing, James Herod, Lewis Brock, Atherington Rochelle lay off and mark a road from Jacob McCarthy's on Cumberland River up Grices Creek, nearly the way the road goes to Norrises on Yellow Creek.
Ordered that Nathaniel Denson be appointed overseer of the road from the Court house in the town of Dover down the South side of Cumberland River to the East fork of Barrett's Creek, and all the hands below Dover on the South side of the River and down to Jesse Whitford's work under him.
Ordered that William Haynes be appointed overseer of the road from the East fork of Barton's [Barrett’s] Creek to the state line, and all the hands on the South side of Cumberland River below Jesse Whitford's work under him.
Ordered that Thomas Almond, Constable, be allowed one dollar and fifty cents for attending last term.
Deed of conveyance, George Boyd to John Boyd for 125 acres of land was proven in open Court by the oath of James Tagert and William Crouse, subscribing witnesses thereto, and ordered to be registered.
Daniel Young is ordered to be exonerated from paying tax for one black poll.
Ordered that John Himbrol have leave to keep Tavern at his house near Wells Creek, he giving William Crouse and James Tagert securities.
Ordered that George Petty have leave to keep Tavern at his house in the town of Dover, he giving William Haggard and David Childress securities.
(p. 63)
Ordered that Elijah Lancaster be allowed thirty-three dollars 12 1/2 cents for building stray pen and stocks out of the first county monies not otherwise appropriated.
Ordered that James Wyatt Sr. be allowed for attending two days at June term 1805 as a grand juror.
Ordered that Dudley Williams and Rachel Rasco be appointed guardians for William Rasco, Mary Rasco
and John Rasco, orphans, giving Joseph B. Neville, Jesse Rasco and William Pryor securities in $4000, for
the faithful execution of the guardianship.
Present William Allen, Charles Polk, George Petty and James Tagert Esqr.
Court adjourned till tomorrow morning 10 o'clock.
Thursday, September 9, 1806
Court met according to adjournment. Present, Thomas Clinton, William Allen and Joshua Williams Esqr.
John Scott ) Case
vs. ) for malicious prosecution
Aaron Fletcher )
Ordered that a commission issue to take the deposition of Charles Campbell in Christian County Kentucky, in behalf of the plaintiff, giving defendant 10 days’ notice. Continued for the absence of Simon Fletcher on the affidavit of the defendant.
Andrew Peterson )
& Thomas Brantley ) Case – Present: Thomas Clinton, William Allen, Joshua Williams,
vs. ) Joseph B. Neville
Aaron Fletcher )
Jury - James Scarborough, William Haynes, William Pryor, James Gatlin, Elias Watson, Richard Ramsey, Yancey Thornton, John Allen, John Cooper, Benjamin Spencer, Thomas Smith, William Lyons, Asa Lanier, James Lee duly elected, tried and sworn upon their oaths do say
they find for the plaintiff the sum of $72 and costs. Wherefore it is
considered by the Court that they recover accordingly from him and judgment.
The defendant prays an appeal.
(p. 64)
Deed of conveyance, George M. Deaderick to Samuel Luton for 1000 acres of land was proven in open Court by the oaths of Alexander Walker and Polly Walker, subscribing witnesses thereto, and ordered to be registered.
Deed of conveyance, John Cocke, Sheriff of Montgomery County, to Messer Ward for 106 acres of land was proven in open Court by the oaths of William Curl and J. B. Reynolds, subscribing witnesses thereto, and ordered to be registered.
Andrew Peterson & Thomas Brantley )
vs. )
Aaron Fletcher )
Marmaduke Oneal, a witness for the plaintiffs in this case, proves two days attendance this term and one last, and four ferriages, and traveled in all 120 miles.
Samuel Lynes, a witness for the plaintiffs in this case, proves one days’ attendance last term and two this, and has traveled 120 miles to and from Court, and four ferriages.
John Williams ) Case
vs. ) William Allen, Thomas Clinton and Joseph B. Neville, Esqr.
William Outlaw )
Jury - James Scarborough, James Lee, Asa Lanier, James Gatlin, Elias Watson, Richard Ramsey, Yancey Thornton, John Allen, John Cooper, Benjamin Spencer, William Haynes, William Lyons
duly elected, tried and sworn upon their oaths do say they find for the plaintiff $25 and costs. Whereupon it is considered by the Court that he recover accordingly.
Court adjourned until tomorrow morning 9 o'clock.
(p. 65) Wednesday, September 10, 1806
Court met according to adjournment. Present, Thomas Clinton, William Allen, George Petty and Joseph B. Neville Esqr.
Amos Bird etc. ) Debt
vs. )
Mann Phillips )
The defendant in this case comes into Court in proper person and confesses judgment for the sum of $55.56 and costs. Execution stayed until ordered by the plaintiff’s attorney.
Drury Bird records his stock mark, viz., a crop in each ear and a slit in the left.
John Williams ) Case
Vs. )
William Outlaw )
Motion for new trial by the defendant's attorney. After solemn argument had thereon, the Court granted a new trial accordingly.
John Den, on demise of William Outlaw ) Ejectment
vs. )
David Childress )
Ordered that James Tagert Esqr. be appointed to survey the lands in dispute, and such other adjacent land as the parties may require, and make out three fair plans thereof, returnable to next Court.
State )
vs. ) Indictment for assault and battery
James Rogers )
On motion of the defendant by his attorney, ordered that the cause be continued for the want of the witness stated in the defendant's affidavit.
Ordered that George Petty, Register of this County, be allowed seven dollars for books purchased for public use, to be paid out of the County tax.
Ordered that Robert Cooper, Clerk of this County, be allowed eight dollars for copying the tax list, to be paid out of the County tax.
(p. 66)
Ordered that the Sheriff summon Ezekiel Cox, William Lyndsey, Thomas White, Richard Manly Jr., William Dunbar, James Dunbar, Mann Phillips, William White, Thomas French Sr., Richard Thomason, John Hobbs, David Hogan, Peter Kendall, Walter Stewart, James Cook, Henry Edwards, Peter Bohanan, Elijah Rushing, Rowland Rushing, John Jones, Thomas Brigham, John Acree, James Jeffrey, John Jeffrey, William Green, Anderson Andrews, Nimrod Crosswell, Joseph Smith, Travis Moore, Andrew Cathey, David Childress, Jesse Denson, Edward Norrod, John Landers, William Pearce, Cornelius Anderson, John Walker, Alexander Walker, Moses Larissa for jurors to the next term.
David Bradford records his stock mark, viz., a crop and a hole in the right ear.
Crawford Bradford records his stock mark, viz., a swallow fork in the right and undercut in the left.
James Scarborough records his stock mark, viz., an under half crop in the right ear.
State )
vs. ) Indictment
Aaron Fletcher )
The defendant comes into Court in proper person and submits. Whereupon it is adjudged that by the Court that he be fined four dollars and stand committed until paid.
William Allen ) original attachment
vs. )
James Rogers )
The defendant by his attorney, Henry Minor, comes into Court and moves that the suit be abated for informality in the attachment bond. After solemn argument had thereon, it is considered by the Court that the attachment be abated.
Ordered that all the hands on Long Creek below Armstrong's be added to Bryant Oneal's road.
(p. 67)
John Turpin )
vs. ) Certiorari
Samuel Currie )
The defendant comes into Court in proper person, and the plaintiff being solemnly called and failing to appear in prosecution of said suit, it is considered by the Court that the defendant have judgment for his costs in this behalf expended and depart this Court without day.
Nimrod Crosswell records his stock mark, a smooth crop in the left ear and a nick under the right.
State & County )
vs. )
John Arrington )
Ordered by the Court that the Clerk issue execution against the land and tenements of John Arrington for the amount of taxes together with costs and charges accruing thereon, on 100 acres of land for the year 1805. Judgment accordingly.
State & County )
vs. )
Burwell Bayliss )
Ordered by the Court that the Clerk issue execution against the land and tenements of Burwell Bayliss for the amount of taxes together with costs and charges due on 200 acres of land for the year 1805. Judgment accordingly.
State & County )
vs. )
John Cocke )
Ordered by the Court that the Clerk issue execution against the land and tenements of John Cocke for the amount of the State & county taxes on 428 acres of land for the year 1805, and the costs. Judgment accordingly.
State & County )
vs. )
Jacob Hoover )
Ordered by the Court that the Clerk issue execution against the land and tenements of Jacob Hoover for the amount of the State & county taxes due on 4114 acres of land for the year 1805, together with the costs and charges accruing thereon. Judgment accordingly.
State & County )
vs. )
William Lewis )
Ordered by the Court that the Clerk issue execution against the land and tenements of William Lewis for the amount of the State & county taxes due on 1552 acres of land for the year 1805, together with the costs and charges accruing thereon. Judgment accordingly.
State & County )
vs. )
Edward Landers )
Ordered by the Court that the Clerk issue execution against the land and tenements of Edward Landers for the amount of taxes due on 640 acres of land for the year 1805, together with the amount of costs and charges accruing thereon. Judgment accordingly.
(p. 68)
State & County )
vs. )
Samuel Marsh, by John Overton, agent )
Ordered by the Court that the Clerk issue execution against the land and tenements of Samuel Marsh for the amount of the taxes for the State and county due for the year 1805, and the costs and charges accruing thereon. Judgment accordingly.
State & County )
vs. )
John Winters )
Ordered that the Clerk issue execution against the land and tenements of John Winters for the amount of State and county taxes due on 1491 acres of land for the year 1805, together with the costs & charges accruing thereon. Judgment accordingly.
State & County )
vs. )
Oliver Smith )
Ordered that the Clerk issue execution against the land and tenements of Oliver Smith for the amount of State and county taxes due on 640 acres of land for the year 1805, and the accruing costs & charges thereon. Judgment accordingly.
State & County )
vs. )
Roger B. Sappington )
Ordered that the Clerk issue execution against the land and tenements of Roger B. Sappington for the amount of State and county taxes due on 2963 acres of land for the year 1805, together with the amount of costs & charges accruing thereon. Judgment accordingly.
State & County )
vs. )
Genl. Samuel Smith )
Ordered that the Clerk issue execution against the land and tenements of General Samuel Smith for the amount of State and county taxes due on 640 acres of land for the year 1805, together with the amount of costs & charges accruing thereon. Judgment accordingly.
State & County )
vs. )
William Lewis )
Ordered that the Clerk issue execution against the land and tenements of William Lewis for the amount of State and county taxes due on 1000 acres of land for the year 1805, and the accruing costs, charges. Judgment accordingly.
State & County )
vs. )
Jesse Roberts )
Ordered that the Clerk issue execution against the land and tenements of Jesse Roberts for the amount of taxes due on 580 acres of land, together with the amount of costs and charges accruing thereon. Judgment accordingly.
(p. 69)
State & County )
vs. )
George Hooper )
Ordered that the Clerk issue execution against the land and tenements of George Hooper for the amount of State and county taxes due on 1000 acres of land for the year 1805, together with the costs and charges due thereon. Judgment accordingly.
William Curl, Esqr., Sheriff and Collector of the State and county tax for the year 1804, reported to Court that the taxes remain unpaid on the following tracts of land subjoined for the year 1804, reported by the commissioner of the revenue, and that the owners thereof have no goods & chattels on which he can distress:
Miller Sawyer, on the mouth of Saline Creek 320
William Polk, adjoining James Gatlin 400
Charles Baker, adjoining Polk’s tract 640
John Rice, opposite James Gatlin 1000
Martin Armstrong, adjoining Rice’s tract 640
David Davis, on Bull Pasture 640
David Davis, on Bull Pasture 274
Lewis Cannon, on Dyers Creek 388
Doctor Hennin, on Cub Creek 1000
William Tyrrel, on Saline Creek 640
Abner Lamb, below N. Cross Creek 2048
Joseph McDowell, on Dyers Creek 1000
Elisha Clark, Hays fork of Saline Creek 640
Wykoff & Clark, adjoining B. Shepherd 1000
Met Dudley, on Wells Creek 640
Wykoff & Clark, on Long Creek 640
Lardner Clark, adjoining Thomas Smith 1000
Lardner Clark, on Elk Creek 640
Solomon Hill, adjoining James Stewart 640
William Balfour, on Wells Creek 640
Jacob Mathews, on Wells Creek 640
Marmaduke Scott, S. side of Cumberland River 388
Alexander McCall, a branch of Cross Creek 640
James C. Montflorence, 6 or 8 miles below the
first timbered island below Cross Creek 640
Willoughby Williams, 3 creeks below Cross Creek 274
David Henderson, Saline Creek 640
Solomon Kitt, adjoining James Tatum 640
(p. 70) Thomas Molloy, between Wells & Elk Creek 96
William Tyrrel, between Elk & Cross Creek 640
William Tyrrel, between Elk & Cross Creek 640
William Tyrrel, on Cross Creek – 2 tracts, 640 each 1280
William Tyrrel, on Swan Creek 640
William Tyrrel, on Lick Creek 640
William Tyrrel, waters of Cross Creek 640
William Tyrrel, land of N. Cross Creek 640
William Tyrrel, below Yellow Creek 1142
William Tyrrel, below Dyers Island 640
John Coats, N. Cross Creek 1170
It is therefore ordered that the Clerk make out a certificate of the said lands, together with the amounts of taxes, costs and charges due thereon, and cause the same to be twice published in the Gazette or newspaper of the public printer at Knoxville, and twice in some one of the newspapers printed in Nashville, giving notice that the same will be sold, or so much thereof as will pay the said taxes costs and charges.
William Curl, Sheriff and Collector of the State and County tax for the year 1806, reports to Court the taxes remain unpaid on the following tracts of land subjoined for the year 1806, and that the owners thereof have no goods and chattels in his County on which he can distress:
William Balfour, on Wells Creek 640
Jesse Morris, on Dyers Creek 640
Hendley Stone, on Wells & Elk Creek 1231
George Hooper, on 5 Mile Creek 1000
William T. Lewis, on N side of Cumberland River 640
William T. Lewis, near Dyers Creek 320
William T. Lewis, near Dyers Creek 274
Benjamin McCullough 640
Robert Hays, on Shelby Creek 320
Martin Armstrong to A. Martin, Cross Creek 640
James Abercrombie, on N. Cross Creek 640
James Abercrombie, on Elk Creek 640
Thomas Barret, on Barret’s Creek 2000
William Betts, on Barret’s Creek 1280
William Betts, on Wells Creek 640
Clark and Wykoff, 2 miles below Dover N. grant 825 1000
Clark and Wykoff, 2 tracts on Saline waters 1280
Clark and Wykoff, N. side of Cumberland River 640
William Crosswell 1000
Mathew Figures, on Cumberland River 1074
Richard Fenner, 4 tracts N side of Cumberland River 2560
Jonathan Guice, on Guices Creek 640
Christopher Guice, on Guices Creek 640
Estate of Charles Gerard, 3 tracts on Guices Creek 1920
Jacob Hoover, adjoining Thomas Smith 640
Heirs of Jesse Morris, head of Lick Creek 640
Samuel Marsh, on Saline Creek 2000
Thomas Molloy, on Barret’s or Bear Creek 1000
No. grant 2968
(p. 71) Benjamin McCullough, 2 tracts above Cross Creek 1280
John Nichols, on Barret’s Creek 640
John Nichols, situation unknown 640
John Overton, on South Cross Creek 1000
John Overton, on Elk Creek 491
Phillips & Campbell, 4 tracts above the state line 640
William Polk, below Dyers Creek 400
Reuben Smith, first branch below Saline 640
Benjamin Shepherd, below Dyers Creek 1560
Nancy Shepherd, 2 tracts above Cross Creek 1280
Oliver Smith, on Guices Creek 1280
William Thompson, on Cross Creek 428
John Turner, on Dyers Creek 640
Eli West, adjoining Capt. Barret’s 428
Isaac Wykoff, on Saline 1000
heirs of Thomas Molloy, on N. Cross Creek 1280
heirs of Thomas Molloy, on S. Cross Creek 1280
heirs of Thomas Molloy, on Callender’s Creek 640
heirs of Thomas Molloy, on N. side of C. River,
opposite Dyers Island 640
heirs of Thomas Molloy, on Barret’s Creek 640
Enoch Dauge, on the south side of Cumberland River 640
Bushnell & Dobyns, on the waters of Hickman’s Creek 640
John Williams, on N side of C. River, about 2 miles
below Cross Creeks 1144
Richard Armstrong, on Wells Creek 1329
Absalom Burgess, on the N side of C. River 500
Eli West, on Wells Creek 500
heirs of Anthony Hart, on Wells Creek 640
John Lancaster, on South Cross Creek 640
Bennet Hill, on North Cross Creek 428
Thomas Rose, on Callender’s Creek 640
Abraham Hoover, 2 miles below Dyers Creek 400
John Hergy, on Cross Creek 640
Robert Barnet, on S. Cross Creek 320
John Smith, on Lick Creek 640
John Smith, on Lick Creek 640
Willoughby Williams 274
the heirs of Benton or Bentley, on Lick Creek 274
It is therefore ordered that the Clerk make out a certificate of the said lands, together with the amount of taxes, costs and charges due thereon, and cause the same to be twice published in the present or newspaper of the public printer at Knoxville, and twice in some newspaper published in Nashville, setting forth that the same will be sold or so much thereof as will the said taxes costs and charges.
(p. 72) Court adjourned in course. Thomas Clinton
William Allen
George Petty
At a Court began and held at the courthouse in the town of Dover for the County of Stewart on Monday, December 8, 1806. Present, Thomas Clinton, Hamlin Manly and William Allen, Esqr.
On motion of Edward Norrod, ordered that he be exonerated from serving on the jury this term on account of his being under age.
Grand Jury: Walter Stewart - foreman, Anderson Andrews, James Dunbar, Thomas Brigham, Joseph Smith, John Acree, James Cooper, James Jeffery, Travis Moore, David Childress, William Dunbar, Nimrod Crosswell, Thomas White, William Pearce, John Landers, elected, sworn, etc.
Deed of conveyance, Duncan Stewart to Henry Edwards, for 700 acres of land was acknowledged in open Court by Duncan Stewart and ordered to be registered.
Deed of conveyance, Duncan Stewart to Walter Stewart, was acknowledged in open Court and ordered to be registered.
Ordered that Edward Williams be allowed seventy-five cents per day for attending the Grand Jury three days, 2 at June term and 1 at September term.
Court adjourned until tomorrow morning 10 o'clock.
(p. 73) Tuesday, Dec. 9th, 1806
Court met according to adjournment. Present: Thomas Clinton, William Outlaw & William Allen, Esqrs.
Joseph B. Neville, George Petty & Charles Polk.
Deed of conveyance, Zachariah Oneal to Bryant Oneal for 100 acres of land, was proven in open Court by the oaths of Robert Cooper and William Curl, subscribing witnesses thereto, and ordered to be registered.
Ordered that John Allen, John Cooper, William Crouse, Wilson Randle, Caleb Williams, Hamlin Manly, William Curl & Thomas Clinton be appointed jurors to the Superior Court.
Ordered that the Sheriff be allowed $35 out of the County tax for his ex officio services for the last year.
Ordered that Robert Cooper, Clerk of this Court, be allowed $20 for his ex officio services for the last year past, to be paid out of the County tax.
Ordered that J. B. Reynolds be allowed $20 for his services as County Solicitor, to be paid out of the County tax.
John Scott )
vs. ) Case
Aaron Fletcher )
The parties came into Court and continued the cause by consent.
Ordered that a dedimus potestatem issue to take the deposition of Charles Campbell and John Potts on behalf of the plaintiff, in the State of Kentucky, giving 10 days’ notice to the defendant.
William Allen )
vs. ) Detinue
James Mallory )
Referred to the arbitration of Duncan Stewart and John Shelby of Montgomery County, who shall choose an umpire in case they disagree, the award of whom or their umpire returnable to next Court, shall be the judgment of the Court.
Peter Brawner & John H. Hyde )
vs. )
Thomas Clinton )
The parties by their attorneys came into Court and continued the case by consent.
(p. 74)
Thornton & Moore )
vs. ) Debt
Thomas Smith )
Present William Outlaw, Charles Polk, and George Petty Esqr. Joshua Williams, Hamlin Manly and John Hervey.
Jury: Thomas French, David Hogan, William Lindsey, Henry Edwards, Andrew Cathey, Elijah Rushing, Mann Phillips, Philip Hornberger, John Allen, James Gatlin, Joseph McCarty, William Haggard
being elected tried and sworn upon their oaths do say they find for the plaintiffs sum of $18.63 1/2 cents upon which judgment was considered that the plaintiffs recover by the Court accordingly. From which judgment the plaintiffs prayed an appeal and gave J. B. Neville and Thomas Brigham security, granted by the Court.
Court proceeded to elect a Trustee for the County. Present, George Petty, Charles Polk, Thomas Clinton, William Outlaw, Joshua Williams, Hamlin Manly, John Hervey, Esqr.
William Cooley was unanimously elected and gave bond in the sum of three thousand dollars, with Caleb Williams and William Haggard security, for his faithful performance in office, and took the necessary oaths.
Court proceeded to elect a Ranger, and George Petty was unanimously elected, and gave bond and security in the sum of one thousand dollars for his performance in office.
Philip Hornberger came into Court and gave bond and security agreeable to law, for inspecting of cotton at his cotton gin, and took the oath prescribed by law.
Ordered that the hands on Guices Creek, including Jacob McCarthy, Charnel Russell and Frederick Weston, work on the road up said Creek.
Ordered that the hands of Yancey Thornton and all the hands on the east side of Wells Creek, up to Henry Edwards, work on the road from Wells Creek leading to furnace to the county line, and Henry Edwards be appointed overseer of the same.
Ordered that Caleb Williams, Daniel Young, Joel Yarborough, Edward Williams & Alexander Trousdale mark and lay off a road up the main fork of N. Cross Creek to the county line, the best and nearest way.
(p. 75)
State )
vs. )
William Bogard )
Elisabeth English proves 2 days’ attendance, a witness in behalf of the State.
Delilah English proves 2 days’ attendance this term as a witness on behalf of the State.
Ordered that James Haggard have leave to keep a public ferry across Cumberland River at the mouth of Dyers Creek.
Ordered that Thomas French, Henry Gibson, William Cooley, William Pearce, James Haggard & William Haggard view and lay off a road from the mouth of Dyers Creek, the nearest and best way to Clarksville, so far as the county line.
Court adjourned until tomorrow morning, 10 o'clock.
Wednesday, December 11, 1806. Court met according to adjournment. Present, Thomas Clinton, William Outlaw and William Allen, Esqr.
Peter Brawner & John H. Hyde )
vs. )
Thomas Clinton )
Marmaduke Oneal, a witness in this case for the plaintiffs, proves two days attendance, and has traveled 64 miles in coming and returning from Court and two ferriages.
Richard Manly Sr. Came into Court and gave bond and security agreeable to law for inspecting of cotton and qualified accordingly.
James Haggard came into Court and gave bond and security for keeping a ferry across Cumberland River.
John Williams )
vs. ) Case for fraud
William Outlaw )
Referred to the arbitration of Duncan Stewart, Charles Polk, J. B. Reynolds & P. W. Humphreys, who award and determine in manner and form the following, to wit:
(p. 76) We, Duncan Stewart, Charles Polk, J. B. Reynolds and P. W. Humphreys, arbitrators mutually chosen by John Williams and William Outlaw to adjust and settle a certain matter of controversy in the County Court of Stewart wherein the said Williams is plaintiff and the said Outlaw is defendant, who award and determine that the suit aforesaid be dismissed and that each of the said parties pay one half of the costs thereof; that the said William Outlaw shall deliver to the said John Williams the horse which he the said William Outlaw received in exchange for the grey mare formerly the property of the said Williams whenever demanded by the said Williams at the house of the said William Outlaw. We do further award and determine that the said Williams to give and make his note to the said William Outlaw for the sum of eight dollars and one half payable on or before the last day of January next, in cotton or pork at the market price at the town of Dover, and that said note he executed in the suit dismissed immediately, and that all further litigation between the said parties cease. Determine and have award. Witness our hands this 10th day of December 1806.
Signed D. Stewart
Charles Polk
Judgment accordingly J. B. Reynolds
P. W. Humphreys
The plaintiff comes into Court in proper person and dismisses his said suit, each party paying half the costs.
Edward Moore )
vs. ) Debt
William White )
The defendant comes into Court and confesses judgment according to specialty for principal and interest amounting to the sum of $63.90. Whereupon it is considered by the Court that the plaintiffs have judgment for the said sum and his costs and damages in this behalf expended.
State ) Indictment
vs. ) Assault & battery
John Scott )
The defendant comes into Court and submits. Whereupon it is considered by the Court that he be fined 6 1/4 cents.
(p. 77)
State ) Indictment
vs. ) Assault & battery
William Stallings )
The defendant comes into Court and submits and is fined 6 1/4 cents.
John Den, on demise of Robert Samples, )
vs. )
James Gatlin )
Ordered that James Tagert Esqr. survey the lands in dispute and return here four plans thereof to next Court.
Bill of sale, James Rodgers to R. Cooper and William Curl for a Negro man Stephen was acknowledged in open Court and ordered to be registered.
Thomas Clinton
William Outlaw
J. B. Neville
Court adjourned until the time prescribed by the Acts of Assembly.
At a Court began and held for the County of Stewart at the courthouse in the town of Dover on the fourth Monday in January 1807. Present, Thomas Clinton, Chairman, William Allen, William Outlaw, Joshua Williams, Esqr.
Deed of conveyance, Joseph Gray to William Cooley for 138 acres of land was acknowledged in open Court and ordered to be registered.
Ordered that James Scarborough Sr., David Scarborough Jr., James Scarborough Jr., Drury Bird, Wilson Randle, George Cathey Sr., James Wyatt Sr., John Graham, John Forbes, John Warden, Henry Wyatt, John White, Henry Jackson, Joseph Gray, Joel Yarborough, Daniel Young, Paul Howell, Reuben Elliott, Davis Yarborough, Messer Ward, (p. 78) Samuel French, Edmund Taylor, Simeon Fletcher, Alexander Walker, Joseph Miller, William Pearce, William Hubbard, Sims McKinney, William King, John Scott, Aaron Fletcher, Adam McGee, Charles Williams, Jonathan May, Ephraim Gatlin, Jesse Whitford, John Kimbrol, Thomas Smith, Yancey Thornton, be and appear at next Court as Grand and Petit jurors.
Ordered that Thomas Clinton receive the list of taxable property in Capt. Graham's company, Joseph B. Neville Esqr. in Capt. Allen's company, Hamlin Manly Esqr. in Elliott's company, John Hervey Esqr. in Warden’s company, William Outlaw in his own company.
Jonathan May & Daniel Lewis came forward and gives Samuel French security in a bond of $1000 for keeping a ferry across Cumberland River agreeable to an order of last Court.
Bill of sale, Robert Cooper to Jonathan May for a Negro girl Hannah was acknowledged in open Court by Robert Cooper and ordered to be registered.
Thomas Smith's last will and testament was proven in open Court by the oaths of Robert Cooper and Jesse Denson, subscribing witnesses thereto, and ordered to be recorded.
James Gatlin and Bryant Oneal came forward and qualified as executors of the last will and testament of Thomas Smith deceased.
Ordered that Joseph B. Neville and Jesse Denson be appointed to receive the lots of books from the late Ranger and receipt to him for them and report at next Court.
Court adjourned until Court in course. Thomas Clinton
Joshua Williams
William Outlaw
William Allen
(p. 79) At a Court began and held for the County of Stewart at the courthouse in the town of Dover on Monday the 20th day of April 1807. Present, Joshua Williams, Charles Polk, Hamlin Manly, William Allen, Esqrs.
Grand Jury: Daniel Young, foreman, Wilson Randle, Thomas Smith, Joseph Miller, Drury Bird, George Cathey Sr., Adam McGee, James Wyatt, Samuel French, Ephraim Gatlin, Alexander Walker, William King, James Scarborough Jr., Jonathan May, Aaron Fletcher, impaneled, sworn etc.
Deed of conveyance, Rencher McDonald to Duncan Stewart, was proven in open Court by the oath of Gause Brinson, a subscribing witness thereto, and ordered to be registered.
Deed of conveyance, Isaac Dortch to Henry W. Lawson, was acknowledged in open Court and admitted to registration for 274 acres of land on Lick Creek.
Bryan Oneal, one of the executors of Thomas Smith, returned an inventory of the estate of the deceased and a list of sales.
The Clerk having produced to this Court the papers containing the publication of the lands reported at September term that judgment be entered upon against the said lands severally, for the amount of taxes costs and charges due thereon, it is therefore ordered that the Clerk issue executions against the said lands for the amount of taxes, together with the costs and charges accruing thereon, to wit, for the year 1804:
Miller Sawyer, on the mouth of Saline Creek 320
William Polk, adjoining James Gatlin 400
Charles Baker, adjoining Polk’s tract 640
John Rice, opposite James Gatlin 1000
Martin Armstrong, adjoining Rice’s tract 640
David Davis, on Bull Pasture 640
David Davis, on Bull Pasture 274
(p. 80) Lewis Cannon, on Dyers Creek 388
Doctor Hennen, on Cub Creek 1000
William Tyrrel, on Saline Creek 640
Abner Lamb, below N. Cross Creek 2048
Joseph McDowell, on Dyers Creek 1000
Elisha Clark, Hays fork of Saline Creek 640
Wykoff & Clark, adjoining B. Shepherd 1000
Kit Dudley, on Wells Creek 640
Wykoff & Clark, on Long Creek 640 - PAID
Lardner Clark, adjoining Thomas Smith 1000
Lardner Clark, on Elk Creek 640
Solomon Hill, adjoining James Stewart 640
William Balfour, on Wells Creek 640
Jacob Mathews, on Wells Creek 640
Marmaduke Scott, S. side of Cumberland River 388
Alexander McCall, a branch of Cross Creek 640
James C. Montflorence, 6 or 8 miles below the
first timbered island below Cross Creek 640
Willoughby Williams, 3 creeks below Cross Creek 274
David Kindal, Saline Creek 640
Thomas Molloy, between Wells & Elk Creek 96
William Tyrrel, between Elk & Cross Creek 640
William Tyrrel, between Elk & Cross Creek 640
William Tyrrel, on Cross Creek – 2 tracts, 640 each 1280
William Tyrrel, on Swan Creek 640
William Tyrrel, on Lick Creek 640
William Tyrrel, waters of Cross Creek 640
William Tyrrel, land of N. Cross Creek 640
William Tyrrel, below Yellow Creek 1142
William Tyrrel, below Dyers Island 640
John Coats, N. Cross Creek 1170
And the following for the year 1806:
William Balfour, on Wells Creek 640
Benjamin McCullough, on Wells Creek 640
Robert Hays, on Shelby Creek 320
Martin Armstrong to A. Martin, Cross Creek 640
James Abercrombie, on N. Cross Creek 640
James Abercrombie, on Elk Creek 640
Thomas Barret, on Barret’s Creek 2000
William Betts, on Barret’s Creek 1280
William Betts, on Wells Creek 640
Clark and Wykoff, 2 miles below Dover N. grant 225 1000
(p. 81) Clark and Wykoff, 2 tracts on Saline waters 1280
Clark and Wykoff, N. side of Cumberland River 640
Richard Fenner, 4 tracts N side of Cumberland River 2560
Jonathan Guice, on Guices Creek 640
Christopher Guice, on Guices Creek 640
estate of Charles Gerard, 3 tracts on Guices Creek 1920
Jacob Hoover, adjoining Thomas Smith 640
heirs of Jesse Morris, head of Lick Creek 640
Thomas Molloy, on Barret’s or Bear Creek, No. grant 2968 1000
Benjamin McCullough, 2 tracts above Cross Creek 1280
Phillips & Campbell, 4 tracts above the state line 640
William Polk, below Dyers Creek 400
Reuben Smith, first branch below Saline 640
Benjamin Shepherd, below Dyers Creek 1560
William Thompson, on Cross Creek 428
John Turner, on Dyers Creek 640
Eli West, adjoining Capt. Barret’s 428
Isaac Wykoff, on Saline 1000
heirs of Thomas Molloy, on N. Cross Creek 1280
heirs of Thomas Molloy, on S. Cross Creek 1280
heirs of Thomas Molloy, on Callender’s Creek 640
heirs of Thomas Molloy, on N. side of C. River,
opposite Dyers Island 640
heirs of Thomas Molloy, on Barret’s Creek 640
Enoch Dauge, on the south side of Cumberland River 640
Bushnell & Dobyns, on the waters of Hickman’s Creek 640
John Williams, on N side of C. River, about 2 miles
below Cross Creeks 1144
Richard Armstrong, on Wells Creek 1329
Absalom Burgess, on the N side of C. River 500
Eli West, on Wells Creek 500
John Lancaster, on South Cross Creek 640
Bennet Hill, on North Cross Creek 428
Thomas Rose, on Callender’s Creek 640
Abraham Hoover, 2 miles below Dyers Creek 400
John Hergy, on Cross Creek 640
(p. 82) Robert Barnet, on S. Cross Creek 320
John Smith, on Lick Creek 640
John Smith, on Lick Creek 640
Willoughby Williams 274
the heirs of Benton or Bentley, on Lick Creek 274
John Hervey Esqr. came into Court and returned the tax list for Capt. Warden's company.
Rachel Rasco, widow of William Rasco, petitions for her dower to be laid off, which is granted, agreeable to the prayer of petition.
Ordered by the Court that the County tax for contingent expenses for the present year be 12 1/2 cents on each hundred acres of land, 12 1/2 cents on each town lot, 12 and half cents on each white poll, twenty-five cents on each black poll, and one dollar on each stud horse kept for covering of mares.
Ordered by the Court that the tax for public buildings be 12 1/2 cents on each hundred acres of land, 12 1/2 cents on each white poll, twenty-five cents on each black poll, twenty-five cents on each town lot, and one dollar on each stud horse.
Ordered that a tax be collected to procure a standard of weights and measures, to wit: four cents on each hundred acres of land, eight cents on each town lot, 12 1/2 cents on each stud horse.
Ordered that the tax for the district buildings be 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, five dollars on each merchant, 6 1/4 cents on each town lot, and one dollar on each stud horse.
On petition of the heirs of William Rasco, it is ordered that Joseph B. Neville, John Acree, James Gatlin, William Hubbard and Cornelius Anderson be appointed to divide the land agreeable to the prayer of said petition.
State )
vs. )
John Polk )
The defendant came into Court in proper person and submitted, and the Court considers he should be fined 12 1/2 cents.
(p. 83) Ordered that Joseph B. Neville, John Acree, James Gatlin, William Hubbard & Cornelius Anderson be appointed to divide the Negroes of the estate of William Rasco deceased.
Ordered that Robert W. Ellison have leave to build a mill on Wells Creek on his own land.
On motion of Gause Brinson Jr. and the administrators of Gause Brinson deceased, ordered that John Hervey, Henry Edwards, Walter Stewart, John Kizer and James Tagert be appointed to lay off the said Gause Brinson Jr. his distributive share of the real and personal estate of Gause Brinson deceased.
Court adjourned until tomorrow morning 10 o'clock.
Tuesday, April 21, 1807. Court met according to adjournment. Present, Joshua Williams, Charles Polk and Joseph B. Neville, Esqrs.
Deed of conveyance, David Stewart to James Warnock for 640 acres of land, was proven in open Court by the oaths of Hiram Warnock and Nathan Stagner, subscribing witnesses thereto, and admitted to registration.
The Clerk executed a bond with Yancey Thornton and John Landers securities in the sum of $500 for the collection and payment of public monies for the present year.
On motion ordered that Yancey Thornton, Martin Wells, Jacob McCarthy, John H. Hyde, Thomas Almond, Thomas Smith and Robert W. Ellison be appointed to view and lay off a road from near Hornberger's gin the nearest and best way to John Hervey's Esqr. on Guices Creek.
Ordered that the Sheriff have a credit for a list by him returned of lands twice given in for taxes for the last year, 1806, and also for lands by him exposed to sale for taxes for the year 1805 and could not sell them for the want of bidders, agreeable to the prayer of his petition.
(p. 84)
Ordered that John Kizer be appointed overseer of the road from Jacob McCarthy's up Guices Creek to the County line.
Ordered that John Humphries, deputy surveyor for the first district, be allowed $32.08 1/2 cents for running the County line between Stewart and Dickson counties, to be paid out of the County tax.
Ordered that Caleb Williams be appointed overseer to open a road from ______ the school house on Cross Creek to the County line near Alexander Trousdale's, and all the hands on the waters of Cross Creek above the road now leading to Clarksville assist in opening the same.
Ordered that Jesse Denson be allowed three dollars for receiving and settling with the late Ranger for the stray books, to be paid out of the County tax.
Armstead Stubblefield returns 1000 acres of land, formerly Miller Sawyer, for the years 1804, 1805 and 1806.
John Den, lessee of Robert Samples, ) Ejectment
vs. )
James Gatlin )
Continued by consent and the order of survey extended, to be returned to next Court.
Hamlin Manly Esqr. returns the tax list of Capt. Elliott's company for the present year.
John Scott ) Case for Mal. Pros.
vs. )
Aaron Fletcher )
Continued on the affidavit of the defendant, for the want of John Burnes, a witness in his behalf. Ordered that a dedimus potestatem issue to take the deposition of Charles Campbell for the plaintiff and John Burnes for defendant, deposition of Charles Campbell to be taken on half an hours’ notice.
(p. 85)
State of Tennessee
Stewart County
William Curl Esqr., Sheriff and Collector of the State and County taxes for the years 1804, 1805 and 1806, reports to the Court that the taxes remain unpaid on the following tracts of land subjoined for the same years, viz.:
John Edmondson, 300 acres on the Saline for 1805
William Wykoff, 357 acres on N. Cross Creek for 1804, 1805, 1806
Joseph Brock, 640 acres on Bear Creek for 1806
William Blackfan, 1920 acres on Cumberland River for 1806
Annanias McCoy, 420 acres on S. side of Cumberland River, grant #190
Annanias McCoy, 420 acres on S. side of Cumberland River, grant #194
Annanias McCoy, 420 acres on S. side of Cumberland River, grant #192
Annanias McCoy, 420 acres on S. side of Cumberland River, grant #195
Annanias McCoy, 480 acres on S. side of Cumberland River, grant #193
Annanias McCoy, 400 acres on S. side of Cumberland River, grant #189
William Wykoff, 481 acres between Guices & Yellow Creeks for 1806
It is therefore ordered that the Clerk make out a certificate of the said lands together with the amount of taxes costs and charges due thereon, and cause the same to be twice published in the paper of the public printer at Knoxville, and twice in some paper published in Nashville, setting forth that the same will be sold, or so much thereof as will pay the taxes costs and charges due thereon.
On motion ordered that William Outlaw and George Petty Esqr. be appointed to settle with Elijah Lancaster, administrator of the estate of Robert Lancaster deceased.
State ) Indictment for Assault & Battery
vs. )
Richard Yarborough )
The defendant comes into Court and submits, and is fined 12 and half cents by the Court.
(p. 86)
Joshua Williams Esqr., having proven to the satisfaction of the Court that a stray horse taken up by him has died without ill charges, it is therefore ordered that he be exonerated from paying the value of said stray.
Joseph B. Neville Esqr. returns the tax list of Capt. Allen's company for the present year.
Peter Brawner & John H. Hyde ) Case
vs. ) Damage
Thomas Clinton ) $300
Deed of conveyance, Richard Boyd to William Bell, for 100 acres of land was proven in open Court by the oaths of William Outlaw and Nimrod Crosswell, subscribing witnesses thereto, and ordered to be registered.
Court adjourned for one hour.
Court met according to adjournment. Present, James Tagert, Hamlin Manly and Charles Polk Esqr.
William Haggard entered into bond for the sum of $500 for Tavern license with James Tagert and Caleb Williams securities, approved by the Court.
John Scott )
vs. ) Appeal
Aaron Fletcher )
Jury: James Scarborough Sr., John Graham, John Warden, John White, Henry Jackson, Joel Yarborough, Paul Howell, Reuben Elliott, William Hubbard, Charles Williams, Jesse Whitford, Yancey Thornton, being elected, (p. 87) tried and sworn upon their oaths do say they find for the plaintiff three cents and costs. Whereupon it is ordered by the Court that he have executions accordingly.
Be it remembered that Aaron Fletcher came into Court and acknowledged himself indebted to the State in the sum of $1000, and Simon Fletcher and John Allen each in the sum of $500 severally, to be seized of their goods and chattels, lands and tenements for the use of the State, but to be void on condition that the said Aaron Fletcher shall keep the peace with respect to all the citizens of the State, and particularly with respect to Charles Campbell, until the next Court.
Acknowledged in open Court. Aaron Fletcher (seal)
April 21, 1807 Simon Fletcher (seal)
Test: R. Cooper, C. S. C. John Allen (seal)
John Scott )
vs. ) assault & battery
Aaron Fletcher )
The defendant came into Court and moved for a continuance for the want of William Haggard's testimony, granted accordingly.
John Scott )
vs. ) Mal. Pros.
Aaron Fletcher )
Ordered that a day be allowed to take depositions of John Potts, John Foley, John _____, by giving the adverse party 30 days’ notice to be taken for the benefit of either party.
Peter Brawner & John H. Hyde ) case – damages, $300
vs. )
Thomas Clinton )
Jury
James Scarborough Henry Jackson William Haggard
John Graham John Landers Charles Williams
John Warden Paul Howell Jesse Whitford
John White Reuben Elliott Yancey Thornton
Being elected, tried and sworn upon their oaths do say they find for the plaintiff $17 plus costs, judgment accordingly
(p. 88)
Be it remembered that Whitmill Arrington came into Court and acknowledged himself indebted to the State in the sum of $100 and Wiley Whatley and [rest of entry omitted?]
Ordered that the Sheriff summon David Hogan, Hezekiah Rorie, Davis Yarborough, Elias Watson, Peter Kendall, Thomas Randle, Asa Atkins, Charles Pistole, Nathan Morris, James Dunbar, William Dunbar, Isaac Hill Ward, Nimrod Crosswell, John Scarborough, David Scarborough, David Andrews, James Andrews, Anderson Andrews, Zachariah Oneal, George Cathey Jr., David Childers, Jeremiah Norrod, James Warnock, Elijah Lancaster, Thomas French Sr., John Allen, John Landers, Lemuel Smith, William Hornberger, Gause Brinson, Cornelius Anderson, Moses Larissa, James McCullough, Thomas Boyd, Larry Satterfield, Joseph Smith, Travis Moore, Joseph McCarthy, Bryan Oneal, to be and appear as jurors to next term.
William Outlaw Esq. returns the tax list of his own company.
Joshua Williams
William Outlaw Jr.
Hamblin Manly
Court adjourned in course.
(p. 89) At a Court began and held for the County of Stewart at the courthouse in the town of Dover on Monday the 20th day of July 1807. Present, Joshua Williams Esqr., James Tagert, Charles Polk, George Petty, William Outlaw and William Allen Esqr.
Grand Jury impaneled and sworn etc.: Isaac Hill Ward, foreman, Charles Pistole, James Warnock, James McCullough, Zachariah Oneal, David Scarborough, Peter Kendall, Lemuel Smith, Thomas Boyt, Elijah Lancaster, Davis Yarborough, Asa Atkins, Nimrod Crosswell, Elias Watson, Moses Larissa
On motion it is ordered by the Court that the commissioners appointed at last Court to lay off Gause Brinson his distributive share of the real and personal estate of Gause Brinson deceased lay off the same and make return to next Court.
On motion it is ordered that William Curl, Sheriff of this County, have a credit with County Trustee for the amount of taxes on a quantity of land by him given, which he exposed to sale and could not sell; also with the District Treasurer for the State tax on the same amounting in all to 13,766 acres.
Bill of sale, David Childers to Stephen Raines, for a Negro girl Esther was acknowledged in open Court and ordered to be registered.
Bill of sale, William Outlaw to David Childers for a Negro woman Peggy, was acknowledged in open Court by William Outlaw and admitted to registration.
Ordered that the road leading from near Ramsey’s _____ to the Blooming Grove, that Richard Thomason as overseer be discontinued, and the same hands work on the road that leads up Cross Creek to the County line.
Ordered that a road be continued from near Widow Brinson's spring the old way from there to Cumberland River near Yancey Thornton's, and his hands and Jacob McCarthy, William Lyons and Tapley Maddox work on the same, and Jacob McCarthy be appointed overseer of the same.
(p. 90) The executors of Thomas Molloy, to wit: John Overton, Andrew Ewing and James Mulherring, this day, to wit, the first day of this term, filed a petition for amendment of a grant no. 28 issued by the State of North Carolina to Thomas Molloy for 160 acres of land.
George Petty and William Outlaw Esqr. returned a settlement which they have made with Elijah Lancaster, administrator of the estate of Robert Lancaster deceased, together with a number of his vouchers, agreeable to an order of last Court.
Ordered by the Court that William Pearce be appointed overseer of the road instead of Henry Gibson and the same hands work under him.
Ordered by the Court that Yancey Thornton, Martin Wells and Jacob McCarthy, John H. Hyde, Thomas Almond, Thomas Smith and Robert W. Ellison view and lay off a road from near Hornberger's by Clements and Hyde’s store, and on by Esqr. Hervey’s to the County line, the nearest and best way to Capt. West's in Montgomery County.
Ordered by the Court that John Landers be appointed overseer of the road instead of William Dowdy, and Andrew Cathey's hands and Armstrong's work under him.
Ordered that James Scarborough be appointed overseer of the road in the room of Bryant Oneal.
Ordered by the Court that Abner Kelly be appointed overseer of the road in the room of Richard Manly Jr.
On petition of Johnson Marchbanks it is ordered by the Court that the said Johnson Marchbanks have leave to build a mill on Panther Creek, a water of Tennessee.
Ordered by the Court that Travis Moore be exonerated from attending the present term as a Petit juror.
Ordered that John Cooper be appointed overseer of the road in the room of John Polk.
Ordered that John Scarborough be appointed overseer of the streets of Dover and all the inhabitants of said town to work under him.
(p. 91)
On motion, ordered by the Court that Thomas French Sr. be appointed overseer of said road leading from the mouth of Dyers Creek up said Creek to the County line.
Court adjourned until tomorrow morning 10 o'clock.
Tuesday, July 21, 1807. Court met according to adjournment. Present, Joshua Williams, William Allen, William Outlaw, George Petty, Esqrs.
Ordered by the Court that Asa Atkins be appointed a Commissioner in the room of Robert Cooper, to settle with the Collector, and entered into bond with David Hogan security in the sum of $100 for his performance etc.
Be it remembered that Robert Sample this day, to wit, the second day of this term, filed a petition for the amendment of a grant number 2994 granted by the State of North Carolina to James Gillingham for 640 acres of land on North Cross Creek.
Deed of conveyance, Edward Lucas to Asa Atkins for 384 acres of land was proven in open Court by the oaths of Hamlin Manly and John Atkins Sr., subscribing witnesses thereto, and ordered to be registered.
Deed of conveyance, Burwell J. Thompson to Lewis Atkins for 188 acres of land, was proven in open Court by the oaths of David Hogan and Asa Atkins, subscribing witnesses thereto, and ordered to be registered.
Ordered by the Court that Thomas French, Philip Hornberger & Peter Kendall be appointed inspectors of the polls for the ensuing election for members of Congress etc.
Deed of conveyance, David Childers to William Outlaw, for 274 acres of land was acknowledged by the said Childers in open Court and ordered to be registered.
Ordered that Burwell J. Thompson be allowed to return 376 acres of land for taxation for the present year, and that he be exonerated from paying double tax.
Arthur Oneal records his ear mark, a crop and a slit in each ear and a half moon under the right.
(p. 92)
John Scott ) Mal. Pros.
vs. )
Aaron Fletcher )
On motion of the defendant by his attorney, and on the affidavit of said defendant to continue the cause for depositions of John Burnes, John Potts and John Foley of the State of Kentucky, agreeable to an order of the last term.
Present, Charles Polk, William Allen, Joseph B. Neville, Joshua Williams, Hamlin Manly, James Tagert.
Minor for defendant
Humphreys for plaintiff
Jury: Thomas French Sr., James Dunbar, William Dunbar, John Scarborough, William Hornberger, Gause Brinson, Larry Satterfield, Joseph McCarthy, Jeremiah Norrod, David Andrews, Anderson Andrews, James Andrews, being duly elected tried and sworn the truth to speak upon the issue joined, upon their oaths do say they find the defendant guilty in manner and form as charged in the plaintiff’'s declaration, and assess the plaintiff's damages to $150 besides his costs 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, and the said defendant in mercy etc., from which judgment, and that the said defendant by his attorneys prayed an appeal to the Superior Court, filed his reasons, filed the following. The Court ruled the defendant to trial when two of his material witnesses were absent and when he was in title to a continuance. The Court admitted improper evidence on the part of the plaintiff which _____ opinions are sufficient reason for an appeal.
Minor for defendant
Marr for plaintiff
Whereupon the Court granted the appeal accordingly.
Ordered that William Outlaw, Robert Cooper, Robert Armstrong, Wilson Randle, Isaac H. Ward view and lay off a road from the Dover road at a Ridge above David Childers plantation, the nearest and best way to Oneal's ford on Long Creek, thence up a hollow above Manning's, the nearest and best way to May’s ferry on Cumberland River.
Ordered that Hamlin Manly, Daniel Lewis, Jonathan May, Benjamin Edwards, Lewis Atkins view and lay off a road from Jonathan May’s ferry on Cumberland River, the nearest and best way into the Cross Creek road on the North side of Cumberland River.
Ordered that Archibald Ezell have leave to give in his tax for the present year, viz., one white poll.
(p. 93)
Deed of conveyance, Daniel Lewis to Jonathan May for 162 acres was acknowledged by said Lewis in open Court and ordered to be registered.
Deed of conveyance, William Crouse to George Boyd for 5 1/8 of an acre of land was proven in open Court by the oaths of James Tagert and Philip Hornberger, subscribing witnesses thereto, and ordered to be registered.
Ordered by the Court that William Outlaw, Isaac H. Ward, George Cathey, Andrew Cathey and John White view and lay off a road leading from the mouth of Leatherwood, the nearest and best way to the head of Lick Creek, thence down said Creek by William Outlaw's and Childers.
William Allen )
vs. ) Detinue
James Mallory )
The parties came into Court and by their attorneys agreed to continue this cause on the former rule for arbitration, therefore ordered by the Court that this cause be continued accordingly.
John Den, on demise of William Outlaw )
vs. ) Ejectment
David Childers )
The parties in this case came into Court and by their attorneys agreed to continue the case by consent, therefore it is ordered by the Court that this cause be continued accordingly.
Ordered by the Court that William Haggard, J. Hillebrand, _____ Polk, Joseph B. Neville, Yancey Thornton, Robert W. Ellison, and _____ Edwards be summoned as jurors to next Superior Court.
Ordered by the Court that Messer Ward, Daniel Young, Benjamin Bradford, Samuel French, James Lee, Thomas White, Richard Thomason, Joseph Gray Jr., Henry Gibson, John G. Fletcher, Simeon Fletcher, Cornelius Anderson, Aaron Fletcher, George Bruton, Samuel ____, Lewis Realing, John McCarty, James Herod, Thomas Smith, John Graham, John Warden, Michael Smith, George Boyd, Elijah Lancaster, William Pryor, Thomas Brigham, Silas Vinson, James Scarborough Sr., James Scarborough Jr., David Childers, Benjamin Williams, Bryan Oneal, Wilson Randle, Andrew Cathey, Adam McGee, Thomas McGee, George Cathey Jr., John White be summoned to appear as jurors next term.
(p. 94)
John Scott )
vs. ) assault & battery
Aaron Fletcher ) Present James Tagert, Joshua Williams, Charles Polk and Hamlin Manly, Esq.
Jury
John French William Hornberger Jeremiah Norrid
James Dunbar Gause Brinson David Andrews
William Dunbar Larry Satterfield Anderson Andrews
John Scarborough Joseph McCarthy James Andrews
Who being elected, tried and sworn to the truths to speak upon the issue joined, upon their oaths do say they find the defendant guilty as set forth in the plaintiff's declaration and assess the said plaintiff's damages to the amount of $10 besides his costs in this behalf expended. Whereupon it is considered by the Court that the plaintiff recover in manner and form as assessed by the jury, from which judgment the defendant by his attorney prays an appeal and filed the following reasons, to wit, that the verdict of the jury and judgment of the Court were contrary to evidence and law.
Minor for Marr, atty. for Deft.
Certificate, Britain Broom to Jesse Denson concerning a dispute about certain lands between them, was proven in open Court by the oath of Robert Armstrong, a subscribing witness thereto, and admitted to registration.
Ordered by the Court that all the hands on Dyers Creek and on to the County line work under Thomas French on the road up said Creek, except those at Mr. Haggard's plantation and from Cooley's work under him, also the hands on Neville's Creek and Cub Creek above the road.
John Scott )
vs. ) Mal. Pros.
Aaron Fletcher )
William Lindsey, a witness in the case, proves eight days attendance as a witness since the commencement of said suit.
Ordered by the Court that William Henry be allowed to return 822 acres of land for taxation for the present year.
Joseph B. Neville Esq. returns a memorandum of the division of the estate of Negroes of William Rascoe deceased.
(p. 95)
Thomas Stokes )
vs. ) Assault & Battery
Richard Yarborough ) Present Hamlin Manly, William Allen and Charles Polk, Esq.
Jury
Dennis Rushing John Allen Benjamin Williams
Philip Hornberger Jeremiah Norrod John Landers
Joseph Smith William Jackson David Childers
Faulkner Elliott Thomas Childers Hezekiah Rory
being elected, tried and sworn the truth to speak upon the issue joined, find that they want out to consider of this verdict and after some time returned that they could not agree in their verdict. Whereupon by consent of the parties, Jeremiah Norrod was withdrawn from the panel, and the rest of the panel discharged from rendering their verdict. And it is ordered by the Court that this cause be continued until next Court.
John Spencer )
vs. ) Trespass
William Bogard & John W. Lowther )
The parties in this case came into Court and agreed to submit this cause to the Arbitrement of John Shelby, Robert Searcy, William Jordan, Charles Polk, William Allen, Thomas French, to be returned to next Court. Whereupon it is ordered by the Court that this cause be submitted accordingly, and their award be ____ present of the Court.
Sherrod Winniham )
vs. ) Trespass
John W. Lowther & William Bogard )
The parties in this case came into Court and agreed to leave the cause to the final award and arbitrement of John Shelby, Robert Searcy, William Jordan, Charles Polk, William Allen and Thomas French, to be returned to next Court. Whereupon it is ordered by the Court that the cause be submitted accordingly and their ______ the judgment of the Court.
Court adjourned until tomorrow morning, Eight o'clock.
(p. 96)
Wednesday, July 22, 1807
Court met according to adjournment, present Joshua Williams, George Petty and William Allen, Esq.
Ordered that William Hornberger be appointed a Constable for this County, who entered into bond and security in the sum of $500, with Yancey Thornton and Faulkner Elliott security for his faithful performance in office, and took the necessary oath.
Ordered by the Court that Phillip Hornberger have leave to keep Tavern at his dwelling house, who came forward and gave bond and security in the sum of $500, with Joseph McCarthy security for his compliance with the laws in that case.
Ordered that David Rushing be appointed overseer of the road in the place of Philip Hornberger.
Edward Williams proves two days attendance as a Constable this term, for which he is allowed agreeable to law.
Reynolds & McFarland, )
assignees of James Huling ) Debt
vs. ) Present George Petty, Joseph B. Neville and William Allen, Esq.
Faulkner Elliott )
The parties in this case by their attorneys came into Court and on motion of the plaintiff's attorney to overrule the demurrer, and after argument it was considered by the Court that the said demurrer be overruled and the plaintiff recover against the said defendant according to specialty, to wit, the sum of $98, with interest thereon at the rate of 6% per annum, from the 16th day of December 1806 until paid, together with his costs in this behalf expended, from which judgment the said plaintiff by his attorney prayed an appeal and filed his reasons as follows to wit.
(p. 97)
State )
vs. ) Indictment for assault etc.
John Spencer )
Plea withdrawn and submitted to the judgment of the Court, whose judgment is that he be fined two cents and pay all costs etc.
Be it remembered that Joshua Williams and William Dunbar personally came into open Court and made oath that Hezekiah Rory, on the first day of May 1806, was settled on the Dry fork of North Cross Creek, on a piece of land which he now occupies and which he claims to be vacant and unappropriated land.
Be it remembered that William Haggard and Thomas French came into Court and made oath that Charles Campbell, on or before the first day of May 1806, was settled on a tract of land on the head of Dyers Creek, which he claims as vacant and unappropriated land.
Be it remembered that George Petty and William Haggard personally came into Court and made oath that Thomas Roberts, on the first day of May 1806, was living on a tract of land at the mouth of Dyers Creek, and claimed it as vacant and unappropriated land.
Be it remembered that David Childers and William Jackson personally appeared in open Court and made oath that Joseph Smith, on the first day of May 1806, was living on a tract of land on Long Creek, which he claims as vacant and unappropriated land.
Be it remembered that George Petty and Jesse Denson came into Court and made oath that Wiley Whatley was living on a tract of land now occupied by him on the first day of May 1806, which he claims as vacant and unappropriated land.
Be it remembered that Jeremiah Norrod and John French personally came into Court and made oath that Thomas Boyd was, on the first day of May 1806, living on a tract of land which he now occupies and claims as vacant and unappropriated land.
(p. 98)
Be it remembered that George Petty and Wilson Randle personally came into Court and made oath that John Landers, on the first day of May 1806, was living on a tract of land on Long Creek now occupied by him and claimed the same as vacant and unappropriated land.
Wiley Whatley proves three days attendance this term as a Constable, for which he is allowed agreeable to law.
Be it remembered that Joseph Smith and Larry Satterfield came into Court and made oath that Robert Armstrong was, on the first day of May 1806, living on a tract of land on Long Creek which he now occupies and that they heard him say he had a lease of said land from Jesse Denson under which he claimed.
Be it remembered that William Jackson and Wilson Randle came into Court and made oath that John White, on the first day of May 1806, was living on a tract of land on Long Creek which he now occupies.
William Allen
George Petty
J. B. Neville
At a Court began and held for the County of Stewart at the courthouse in the town of Dover on Monday the 19th day of October 1807, present Thomas Clinton, Joshua Williams and William Outlaw, Esq.
Bill of sale, James Herod to David Foster for a Negro girl Rachel, was acknowledged in open Court and ordered to be registered.
Deed of conveyance, William Lewis to Henry Haynes for 50 acres of land, was proven in open Court by the oath of John Hervey and David Foster, subscribing witnesses thereto, and ordered to be registered.
Ordered by the Court that John Pearce be exonerated from paying State and County taxes on 100 acres of land for the present year, it having been twice given in for said year.
Ordered by the Court that Wilson Randle be exempted from serving as a juror this term.
Deed of conveyance, William Curl, Sheriff, to Adam McGee for 640 acres of land was acknowledged in open Court and ordered to be registered.
(p. 99)
Bill of sale, Joseph Gray Jr. to William Curl for a Negro Elen was proven in open Court by the oaths of Richard Cooley and William Cooley, subscribing witnesses thereto, and ordered to be registered.
Bill of sale, Mourning Curl to William Curl for a Negro man was proven in open Court by the oaths of Caleb Williams and David ______, subscribing witnesses thereto, and ordered to be registered.
David Bradford on oath is exempted from serving as a juror this term on account of his bad state of health.
Grand Jury
Daniel Young, foreman
Bryan Oneal James Herod George Bruton John McCarty
William Pryor Adam McGee Aaron Fletcher Simon Fletcher
Samuel French George Boyd James Lee
Thomas Smith Cornelius Anderson Benjamin Williams
Elected, sworn etc., charged etc.
Ordered by the Court, Isaac Hill Ward be appointed overseer of the road from David Childers to the mouth of Leatherwood, and all the hands that work under James Scarborough work under him until the road is cut out, and afterward none but the hands above William Outlaw's.
Ordered by the Court that Zachariah Oneal be appointed overseer of the road from the forks above David Childers to Mays Fork, and all the hands that belong on the North side of the Dover road from the 4 mile post to town is to work under him until said road is cut out.
Deed of conveyance, Burwell J. Thompson to Elisha Simpson for 188 acres of land was proven in Court by the oaths of David Hogan and Asa Atkins, subscribing witnesses thereto, and ordered to be registered.
Deed of conveyance, Joseph McCarthy to George Boyd for 440 acres of land was acknowledged in open Court and ordered to be registered.
Deed of conveyance, William Betts to Joseph McCarthy was proven in open Court by the oaths of John McCarthy and George Boyd and ordered to be registered.
(p. 100)
Ordered by the Court that an orphan boy, Nathaniel Messada, be bound to Archibald Cook, said Cook agreeing to give him 18 months schooling and a new suit of clothes when of age.
Power of attorney, S. Feribee to Enoch Douge, with the County seal of Currituck County, State of North Carolina, was produced in open Court and ordered to be registered.
On petition of Robert Sample for rectifying a mistake in a grant number 2994, which originally issued to James Gillingham, assignee originally of the heir of William Sanderson, for 640 acres of land surveyed by virtue of the military warrant #3983, located 9 February 1797, it appearing to the satisfaction of the Court that all persons concerned have been duly notified, agreeable to the Acts of Assembly in such case made and provided, it is therefore ordered by the Court that the Clerk certify to the Secretary of State that a mistake has been made in the certificate of survey and Grant aforesaid, by omitting the second line of the plat, to wit, after the words “Thomas Sharp’s Southeast corner” in said certificate, the surveyor should have inserted the words “thence North with said Sharp’s line 252 poles to said Sharp’s Northeast corner”, and that a further mistake has been made in the said Grant and certificate of survey describing the length of the third line of said plat, which said line in the certificate is said to be 107 poles long and the same line and the grant is said to be 170 poles long, whereas the said line ought to have been described as 100 poles long and no more.
Be it remembered that Edmund Taylor and Timothy Taylor came into Court and acknowledged themselves severally indebted to the State to wit, the said Edmund Taylor in the sum of $100 and the said Timothy Taylor in the sum of $50 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 Edmund Taylor do not depart this Court without leave first had and obtained.
Acknowledged in open Court. his
Edmund x Taylor (seal)
mark
Test: R. Cooper, C. S. C. his
Timothy x Taylor (seal)
mark
(p. 101)
Ordered on the oath of Moses Larissa that he be exempted from paying State and County taxes on 230 acres of land for the present year.
Court adjourned until tomorrow morning 10 o'clock.
Tuesday, October 20th 1807. Court met according to adjournment. Present Thomas Clinton, William Allen and George Petty, Esq.
William Allen )
vs. ) Detinue
James Mallory )
Dismissed by order of the plaintiff, each assuming half the costs.
Benjamin Spencer )
vs. )
John W. Lowther )
The arbitrators in this case, having awarded that the defendants in this case should pay to the plaintiff $14.50 together with all lawful costs, therefore the defendant John W. Lowther comes into Court and says he has nothing to say in bar of the said answer, and confesses that he justly owes the said sum of $14.50, together with the said costs. Whereupon it is considered by the Court that the plaintiff recovers of the said defendant the above sum of $14.50, together with his costs in this behalf expended.
John Boyd personally came into Court and acknowledged himself of a deed of conveyance to Frederick Hyre for 125 acres of land.
Thomas Stokes )
vs. ) Assault & Battery
Richard Yarborough )
Dismissed by order of the plaintiff. The defendant assumes costs except the plaintiff's attorney’s fee and Elias Watson's fees for the plaintiff.
Benjamin Spencer )
vs. )
John W. Lowther )
Joshua Williams Esq., a witness for the plaintiff in this case, proves four days attendance and two ferriages.
Stokes )
vs. ) Elias Watson, a witness in this case, proves three days attendance.
Yarborough )
(p. 102)
Deed of conveyance, Thomas Sharp to Caleb Williams for 640 acres of land, was proven in open Court by the oaths of William Curl and Henry Gibson, subscribing witnesses thereto, and ordered to be registered.
Ordered that Charles B. Wilcox, Coroner, be allowed $10 for holding two inquests, one on the body of Robert Lancaster, the other on the body of a child of Nelly Cathey's, to be paid out of the County tax.
Court proceeded to elect a County Solicitor, present Thomas Clinton, Joseph B. Neville, Joshua Williams, William Allen, Hamlin Manly, George Petty and Charles Polk, Esq.
Candidates
Henry Minor G. W. L. Marr James Russell
George Washington Lee Marr was duly elected.
Ordered by the Court that Robert Cooper, Clerk of this Court, be allowed $10 for books he furnished, to be paid out of any monies of the public not otherwise appropriated.
Ordered by the Court that Daniel Young be exonerated from paying State and County taxes on one black poll for the present year.
Deed of conveyance, William Crouse to James Goodrich, for 46 acres of land was proven in open Court by the oaths of Clabon Harris and Mumford Harris, subscribing witnesses thereto, and ordered to be registered.
Deed of conveyance, George Boyd to James Goodrich for 229 acres of land was acknowledged in open Court and ordered to be registered.
Deed of conveyance, John Estes to Joshua Harris for 100 acres of land was proven in open Court by the oaths of Yancey Thornton and Jacob McCarthy, subscribing witnesses thereto, and ordered to be registered.
Ordered by the Court that Jonathan May be appointed overseer of the road from his ferry into the road leading to Cross Creek and that Daniel Lewis and John Atkins hands keep open the same.
State )
vs. ) Assault etc.
William Pryor )
The defendant in this case comes into Court and submits and it is considered by the Court that he be fined 6 1/4 cents and pay all costs.
[next on the microfilm reel are pp. 195-198 from the Settlements and Bonds book, including a partial estate sale of William Rasco, and a page from the 1807 tax list]
(p. 104-105)
Appearance Docket to June Term 1804
|
Date of Issue |
No. & Atty. |
Parties’ Names |
Cause of Action |
Plaintiff Bail |
Deft. Bail |
Sheriff Return |
Rule of Court |
|
1804 April 1 |
N. M. 1 |
Benj. Martin vs. Yancy Thornton |
Case |
George Martin |
Watley Stewart |
Executed Wm. Curl |
|
|
13th March |
W. H. 2 |
Mich’. Glover vs. Henry Skinner |
Debt |
William Humphries |
|
Executed Wm. Curl |
Plead & try at next term |
Appearances to September Term 1804
|
Date of Issue |
No. & Atty. |
Parties’ Names |
Cause of Action |
Plaintiff Bail |
Deft. Bail |
Sheriff Return |
Rule of Court |
|
|
W. H. 1 |
Elisha Simpson vs. Mason Bennett |
Case |
Wm. Curl |
Lewis Allen |
Executed Wm. Curl |
|
|
July 6 |
2 |
Salley May vs. James May |
Case |
James Lewis |
Nathl. Downs & Wm. May |
|
Dismissed by consent of parties in proper persons |
|
|
3 |
Anny Hughs vs. Wm. Hornberger & Reuben Elliott |
Case |
N. Denson |
Lewis Elliott Philip Hornberger Thomas White |
|
Dismissed by the parties in proper persons |
(p. 106-107)
Appearances to December Term 1804
|
Date of Issue |
No. & Atty. |
Parties’ Names |
Cause of Action |
Plaintiff Bail |
Deft. Bail |
Sheriff Return |
Rule of Court |
|
|
1 |
Thomas Smith & Polly Smith vs. Jacob Phillips |
Slander |
|
|
|
By consent, plea & by next Court and amend writ, & continued |
|
|
2 |
Thomas Smith & Polley Smith Vs. James Gatlin & Ephraim Gatlin |
Slander |
|
|
|
By consent, to plead & try next Court, and leave given to amend, & continued |
|
|
3 |
Wm. Pryor Vs. Jesse Rasco & Wm. Rasco |
Covenant |
|
|
|
Dismissed & Deft. assumes costs |
|
|
W. H. 4 |
John Carr Vs. Benjamin Downs |
Debt |
|
|
|
Continued, and plead and try next Court |
(p. 108-109)
Appearances to March Term 1805
|
Date of Issue |
No. & Atty. |
Parties’ Names |
Cause of Action |
Plaintiff Bail |
Deft. Bail |
Sheriff Return |
Rule of Court |
|
|
W. H. 1 |
Hezekiah Boyce Vs. Isaac Brunson |
Case |
|
|
Executed |
Plead and try at next Court; subp. Ebenezer Pyatt, James Haggard, Cyntha Bailiss Subp. Thomas French, James Haggard, Henry Gibson and John Hobb, on the part of the defendant |
|
|
2 |
William R. Bell Vs. Robert W. Ellison |
Case |
|
|
|
Dismissed by consent of parties; each agrees to pay one half costs |
|
|
3 |
William R. Bell, assignee of Asa Lanier, Vs. Robert W. Ellison |
|
|
|
|
Dismissed by consent of parties in proper persons; each to pay one half costs |
(p. 110-111)
Appearances to June Term 1805
|
Date of Issue |
No. & Atty. |
Parties’ Names |
Cause of Action |
Plaintiff Bail |
Deft. Bail |
Sheriff Return |
Rule of Court |
(p. 112-113)
Appearance Docket, September Term 1805
|
Date of Issue |
No. & Atty. |
Parties’ Names |
Cause of Action |
Plaintiff Bail |
Deft. Bail |
Sheriff Return |
Rule of Court |
|
|
|
John Scott Vs. Aron & Simon Fletcher |
Case |
Alexander Walker |
Charles Polk John G. Fletcher |
|
|
|
|
|
John Childress & Thomas Childress Vs. Thomas Clinton |
Debt |
Nathaniel A. McNairy |
Robert Cooper |
|
Declaration filed 1st day & plea & issue |
Appearances to December Sessions 1805
|
Date of Issue |
No. & Atty. |
Parties’ Names |
Cause of Action |
Plaintiff Bail |
Deft. Bail |
Sheriff Return |
Rule of Court |
|
1805 9 Sep |
M. N. |
William Outlaw Vs. Samuel Luton |
Debt |
Nimrod Crosswell |
Thomas Brigham |
|
Declaration filed the 1st day; judgment by default final |
|
Oct. 13 |
P. W. H. |
Britain Broom Vs. Jesse Denson |
Debt |
|
Nathaniel Denson |
|
|
(p. 114-115)
Appearance Docket, March Term 1806
|
Date of Issue |
No. & Atty. |
Parties’ Names |
Cause of Action |
Plaintiff Bail |
Deft. Bail |
Sheriff Return |
Rule of Court |
|
Dec. 10th 1805 |
1 P. W. H. vs. J. B. R. |
John Scott Vs. Aaron Fletcher |
Case |
Henry Gibson |
John G. Fletcher |
Executed 13th Jan 1806 |
Plead and try next Court |
|
Feb. 1 1806 |
2 P. W. H. |
Thornton & Moore Vs. Thomas Smith |
Debt |
William Curl |
George Petty Robert Wyatt |
|
The plaintiff being solemnly called to answer their suit and failed to attend, they were non-suited |
|
Feb. 20 1806 |
3 P. W. H. Vs. J. B. R. |
Thomas Clinton Vs. Sterling May |
Case |
Robert Cooper |
Robert Armstrong Thomas Allmond |
Came to hand 20th Feb. 1806, executed the same day |
Declaration filed 2nd day |
|
Feb. 20 1806 |
4 P. W. H. Vs. J. B. R. |
Andrew Peterson & Thomas Brantley Vs. Aaron Fletcher |
Case |
William Crouse |
William Dunbar |
Executed 22 Feb. 1806 |
Plead and try next Court |
(p. 116-117)
Appearance Docket, June Term 1806
|
No. & Atty. |
Date of Issue |
Parties’ Names |
Cause of Action |
Plaintiff Bail |
Sheriff Return |
Rule of Court |
|
No. 1 PWH JBR |
10 Mar 1806 |
William Allen Vs James Mallory |
Detinue |
Thomas Smith |
Executed March 11th, 1806 |
Declaration 2nd day; plea not guilty & issue |
|
No. 2 PWH |
12th March 1806 |
John Den, on demise of Wm. Outlaw Vs James Smythe |
Ejectment |
Thomas Clinton |
Executed 4th June 1806 |
Judgment by Default |
|
No. 3 PWH |
8th April 1806 |
Robert Jarman Vs Thomas Allmond |
Covenant |
John Price |
Executed 12th May 1806 |
Declaration filed first day Dismissed by order of plaintiff Defendant pays costs
Received my tax fee – P. W. Humphreys |
|
No. 4 JBR PWH |
4th April 1806 |
John Williams Vs William Outlaw |
Case |
Caleb Williams |
Came to hand May 30th 1806 Executed same day |
Declaration filed 2nd day Issue Joined
Rec’d. my fee – P. W. Humphreys |
|
No. 5 JBR PWH |
30th April 1806 |
Thornton & Moore Vs Thomas Smith |
Debt |
William Curl |
Executed May 1st 1806 |
Declaration filed 2nd day, plea in abatement Plea in abatement withdrawn; continued for plea till next Court |
|
No. 6 |
30th May 1806 |
John Den, on demise of William Outlaw Vs Larry Satterfield |
Ejectment |
|
|
Dismissed by order of plaintiff; defendant assumes the cost |
(p. 118-119)
|
No. & Atty. |
Date of Issue |
Parties’ Names |
Cause of Action |
Plaintiff Bail |
Sheriff Return |
Rule of Court |
|
No. 7 |
7th May 1806 |
William Allen Vs James Rogers |
Case for slander Damages $1000 |
George Petty |
Executed 30th May 1806 |
Discontinued |
(p. 120-121)
Appearances to September Term 1806
|
Parties’ Names |
Cause of Action |
Date of Issue |
No. & Atty. |
Plaintiff Bail |
Sheriff Return |
Rule of Court |
|
Richard & William Cooley Vs Charles Campbell, William Campbell, James Campbell, Milly Campbell, Rachel Campbell, Nelly Campbell |
Case for slander
Damages $1000 |
June 28th 1806 |
No. 1 |
Thomas French |
Non est Inventus |
|
|
Peter Brawner & John H. Hyde Vs Thomas Clinton |
Case
Damages $300 |
16th July 1806 |
No. 2
H. Minor |
P. W. Humphreys |
Came to hand 28th of July 1806 Executed same day |
Declaration 3rd day, plea & issue |
|
Edward Moore Vs William White |
Damages $30 |
July 29th 1806 |
No. 3 P. W. H. |
William Curl |
Executed 2d of August 1806 |
Declaration filed 3rd day Plea, payment & issue
J. B. R. |
|
Amos Bird & Co. Vs Mann Phillips |
Debt $54.465 Damages $30 |
August 19th 1806 |
No. 4
H. Minor |
Henry Minor |
Executed 26th of August 1806 |
Judgment issued to Sheriff for principal and interest Execution until ordered by the plaintiff’s attorney |
|
John Den, on demise of William Outlaw Vs David Childress |
Ejectment
Damages $500 |
August 26th 1806 |
No. 5
H. Minor |
William Curl |
Came to hand the same day issued. Executed the same day it came to hand |
|
|
William Allen Vs James Rogers |
Original Attachment $250 |
20th June 1806 |
No. 6
H. Minor |
|
|
Abated for informality in Attachment bond |
(p. 122-123)
Appearances to December Term 1806
|
Parties’ Names |
Cause of Action |
Date of Issue |
No. & Atty. |
Plaintiff Bail |
Sheriff Return |
Rule of Court |
|
James Rogers Vs Taylor Polk |
Assault & battery Damages $500 |
9th Sept 1806 |
1 |
John Scott |
Non est Inventus |
Issue an alias |
|
William Allen Vs James Rogers |
Case Damages $400 |
10th Sept 1806 |
2 |
William Haynes |
Non est Inventus |
Issue alias |
|
Benjamin Spencer Vs John W. Lowther & William Bogard |
Trespass $200 |
10th Sept 1806 |
3 |
Caleb Williams |
Executed 13th Sept 1806 |
Plea & try at April term
Continued |
|
S. Winningham Vs John W. Lowther & William Bogard |
Trespass
Damages $200 |
10th Sept 1806 |
4 J. B. Reynolds P. W. H. |
Benjamin Spencer Caleb Williams |
Executed 13th Sept 1806 |
Continued Plead & try at April term |
|
John Scott Vs Aaron Fletcher |
Assault & battery Damages $500 |
9th Sept 1806 |
5 P. W. H. P. R. B. |
J. B. Neville |
Executed 10th Sept 1806 |
Plead and try at April term Continued |
|
John Den, lessee of Robert Sample Vs Jacob Harris |
Ejectment
Damages $500 |
15th October 1806 |
6 P. W. H. |
P. W. Humphries |
Non est Inventus |
Discontinued |
|
John Den, lessee of Robert Sample Vs James Gatlin |
Ejectment
Damages $500 |
15th October 1806 |
7 P. W. H. P. R. B. |
P. W. Humphreys |
Executed 30th Nov 1806 |
Pleading made up |
(p. 124-125)
Appearances to January Term 1807
|
Parties’ Names |
Cause of Action |
Date of Issue |
No. & Atty. |
Plaintiff Bail |
Sheriff Return |
Rule of Court |
|
William Allen Vs James Rodgers |
Slander Damages $1000 |
Dec 8th 1806 |
No. 1 |
James Scarborough |
Came to hand the same day as issued. Executed the same day |
Continued for declaration until next Court |
|
Thomas Stokes Vs Richard Yarborough |
Assault & battery Damage $500 |
Dec 8th 1806 |
No. 2 |
Thomas White |
Executed 12th Dec 1806 |
Continued for declaration until next Court |
|
William Allen Vs James Rodgers |
Trespass case |
Dec 9th 1806 |
No. 3 |
William Bogard |
Came to hand the same day it issued. Executed the same day it came to hand. |
Continued for declaration until next Court |
(p. 126-127)
Appearances to April Term 1807
|
Parties’ Names |
Cause of Action |
Date of Issue |
No. & Atty. |
Plaintiff Bail |
Sheriff Return |
Rule of Court |
|
Reynolds & McFarland Vs Faulkner Elliott |
Debt $98 |
March 27th 1807 |
G. W. L. Marr 1 |
G. W. L. Marr |
Executed 31st day of March 1807 |
|
Appearances to July Term 1807
|
Parties’ Names |
Cause of Action |
Date of Issue |
No. & Atty. |
Plaintiff Bail |
Sheriff Return |
Rule of Court |
|
John Den, on demise of John Sample Vs Philip Hall |
Ejectment Damages $500 |
|
P. W. H. No. 1 |
Parry W. Humphreys |
|
Declaration filed 3rd day |
Appearances to October Term 1807
|
Parties’ Names |
Cause of Action |
Date of Issue |
No. & Atty. |
Plaintiff Bail |
Sheriff Return |
Rule of Court |
|
John French Vs Thomas Clinton |
Trespass on the case Damages $500 |
23rd July 1807 |
No. 1 |
Nathaniel Denson |
Executed 12th August 1807 |
Declaration filed 3rd day Demurrer & Rejoinder |
|
Henry Clark, assignee of L. W. Elliott Vs Simeon Bethea |
Debt 75 cents Damages $50 |
22nd of July 1807 |
H. M. No. 2 |
Thomas Lankford |
Executed 28th Sept. 1807 |
Declaration filed 2nd day |
|
Joseph Smith, assignee of Larry Satterfield Vs Asa Lanier |
Debt $80 Damage $50 |
11th day August 1807 |
No. 3 H. M. |
Thomas Clinton |
Came to hand and Executed 12th day of August 1807 |
Plead & try at next term |
|
Clements & Co. Vs Charles Teas |
Debt $211 Damage $60 |
16th Sept 1807 |
No. 4 |
|
Transiently moved out of the county |
Issue alias |
|
Same vs. Same |
Debt $133.53 Damage $50 |
16th Sept 1807 |
No. 5 |
|
Transiently moved out of the county |
Issue alias |
|
Morgan Brown Vs William Denson |
Debt $160 Damage $50 |
Oct 6 1807 |
No. 6 |
|
Came to hand and executed same day issued |
Dismissed by plaintiff’s attorney |
(p. 128-129)
Appearances to October Term 1807
|
Date of Issue |
Parties’ Names |
Cause of Action |
No. & Atty. |
Plaintiff Bail |
Sheriff Return |
Rule of Court |
|
10th of Sept 1807 |
William Lyndsey Vs Ebenezer Pyatt |
Original attachment $125 |
No. 7 |
Aaron Fletcher |
Levyed 11 Sept 1807 – one sorrel mare, one cow and calf, one feather bed & a number of other articles of household furniture |
Declaration filed 3rd day |
|
11 Sept 1807 |
Edmund Taylor Vs Ebenezer Pyatt |
Original attachment $70 |
No. 8 |
Levi Taylor |
|
Dismissed by the plaintiff in proper person |