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1794

BUNCOMBE COUNTY COURT MINUTES
JULY SESSION, 1794

This continuing series of Buncombe County Court Minutes was originally transcribed from microfilm by William Yates, Editor of the Ridge Runners in August 1975 (Vol. IV, #2) and is being reproduced here for the members of OBCGS with Mr. Yate’s kind permission. The series began in the 1994 May issue (Vol XV, #2) of A LOT OF BUNKUM. This installment continues from Vol XV, #4, page 90.
At a court of common pleas and quarter sessions began, opened and held for the county of Buncombe at the court house in Morristown on the third monday in July A Dom 1794. Present: James Brittain, James Alexander, Hickman Hensely, Esquires.A deed from Ann Hughes and John Hughes to David Minor, for 150 acres of land, was proved in open court Archdeacon Stiles, one of the subscribing witnesses thereto ordered to be registered.Court adjourned till tomorrow morning 10 O’Clock.Met according to adjournment. Present: James Brittain, James Alexander, Adam Cooper, Esqrs

Grand Jury: Joshua Williams F Man, James Forgey, John Weaver, James Scott, James Love, Joseph Maxwell, John Alexander, Samuel Forgy, Gabriel Elkins, Jacob Boyler, John Newport, Cavenough Newport, James Dunsmore, John Ashworth, Henry Warson.

Petit Jury: John Patton, William Forster, James Benson, John Dillard, Mark Forster, John Gash, John Craig, James Bounds, Daniel Killian, William Warson, Shadrack Gibbs, William Sams, Amos Justice, Joseph Randolph.

A deed from John Davidson Esqr.to James Davidson Captain for 150 acres of land was proved in open court by William Gillam, one of the subscribing witnesses thereto, ordered to be registered.

Ordered by court that Letters of administration issue to Nancy Nanny, mother of Isaac Nanny decesd. took the oath required gave bond and security Adam Cooper & Edward Williams -Letters issued accordingly.

A deed from Thomas Rhea to Redmond McMahan for 160 acres of land was acknowledged in open court -Ordered to be registered.

A deed from George Penland to Robert Penland for 225 acres of land was acknowledged in open court and ordered to be registered.

A deed from Thomas Smith to John May for 100 acres of land was proved in open Court by George Penland one of the subscribing witnesses thereto — Ordered to be reistered.

Ordered by court that Martin Webb, be released from the payment of two polls for the 1793 -he having made oath in open court they were under age.

David McCarson appointed constable, gave bond and security according to the law to wit Joseph Hardin, took the necessary oaths &c.

Ordered by the court that John Craig be released from paying any fine, for not clearing out the road agreeable to an order to him directed as overseer, upon his paying the costs of Scifa, for reasons shown to Court.

Nathan Bryan vs. John Kellor: Trepass. Jury empand. & charged Viz: William Forster,Mark Forster, John Gash, John Gash [sic]
The jury find the defendant guilty and assess the plaintiffs damage to 15 pounds and 6d costs, the defendt. gives up the mare in satisfaction of the Judgmt.

William Young comes into open court and acknowledges himself Bail for Francis Goff, defendt. in a suit brought against him by William Willson Plff. accepted by the plaintiff.

Thomas Davidson entry taker of Claims for land in the County of Buncombe came into court and resigned his office as entry taker.

Court proceeded to Elect an entry taker for said county and did elect to that office Joseph Henry Esqr.

Justices Present: James Davidson, William Davidson, William Whitson,William Wilson, William Tredway, Lambert Clayton, Joseph Hardin, James Alexander, Adam Cooper, Hickman Hensely, James Brittain.

Joseph Henry Esqr. came into court and gave bond and security James Willson and John Bradly Senr. and took the oaths prescribed by law for the qualification of public officers.

Court adjourned till tomorrow morning 10 o’clock.

Court met according to adjournment. Present: James Davidson, James Alexander, Hickman Hensely, Esqrs.

James Bennett Excused from serving as a juror this season for reasons shown.

Charles McDowell vs. John Gillian: Jury impand. & Charged Viz: John Patton, William Forster, James Benson, John Dillard, Mark Forster, John Gash, John Craig, James Bounds, Daniel Killian, William Warson, Shadrack Gibbs, William Sams.
Juror withdrawn – Mistrial.

The jury appointed to view, mark and lay off a road from Austin Choates, to James Gardeners, report that a tolerable good road can be made; -ordered that Thomas Love be overseer of said road, to paint Spring gap, Captn. Choates company to work.

A deed from William and John Davidson to Robert Penland for 150 acres of land was acknowledged in open court and ordered to be registered.

David Hinton returned an account of sales of the Estate of Avington Cox deceased to the amount of 30 pounds 2s.

The jury appointed to view, mark and lay off a road from Captain Choate’s on Ivy to Hinton’s Mill on Caney River report that a tolerable good road can be made on the paint Spring Creek, -ordered that John Lyken, be overseer of said road to paint Spring gap, Captain Chotes Company to work.

Ordered by Court that John Bradley, William Boyd,, Christopher Porter, Henry Warson, William Warson, James Willson, James Forgy, John Ashworth, Joseph Ashworth, Richard Hill, James Wood, John Wood, James Chessor, James Wood, Jr., John Craig, James Porter, & John Gillihan, be a jury to View mark and lay off a road the nearest and best way from Bradly’s on cane creek to the gap of the mountains between the heads of Cane and Crooked creeks – report to Octor. sessions.

Ordered that Charles Rowland oversee the road from the Burke line, to the branch on the East side of Thomas Rhea’s house, that part of Captain Hensely’s company from Thomas Rhea’s up to Work under said Rowland Rheas included.

Ordered that James Langford oversee the opening of the road from the branch on the other side of Thomas Rhea’s to the gap of the mountain at the head of the paint Spring fork [sic], Captain Hensely’s compnay from Rhea’s down to work on said road.

Philip Hoodenpile vs. William Davidson: Trepass. Jury Empand. & Charged Viz: John Patton, Will. Forster, John Dillard, James Benson, Mark Forster, John Gash, Jas. Bounds, Daniel Kellian, William Warson, Shadrack Gibbs, William Sams, Amos Justice
Mistrial 

Court adjourned until tomorrow morning at 9 O’Clock.

Court met according to adjournment.Present: James Davidson, James Alexander, James Brittain, Hickman Hensely, Esqrs.

Ordered that Lambert Clayton, Adam Cooper, Philip Hoodenpile, John Patton, Capt. and James Brittain serve as jurors at the Morgan Superior court Septr. Term 1794.

Lambert Clayton vs. Ebenezar Faine: words. Jury impand. and Charged Viz: John Dillard, Mark Forster, John Gash, John Craig, James Bounds, Daniel Killian, William Warson, Shadrack Gibbs, William Sams, Joseph Randolph, William Dever senr., Ben Hall.
The jury find the defendant guilty of speaking the first set of words set forth in the plaintiffs declaration and not guilty of the second set, and that he was not baired by the Statue of Lim. and assess the plaintiffs damage to 2 pounds and costs.

Ordered by the Court that Lambert Clayton, shew cause why he should pay two of his witnesses in his suit vs. Ebenezer Faine.

Ordered by Court that Moses Ashbrook, be exempt from paying tax on one white poll, for the year 1793, being charged one more than he saith on oath than really has.

Court adjourned till tomorrow morning 9 O’Clock.

Court met according to adjournment. Present: James Brittain, James Davidson, Adam Cooper, Hickman Hensely, Esqrs.

James Matlock came into court and acknowledged himself security for the prosecution of a suit Goulden vs. Jenkins.  William Davidson former security released.

State vs. John Scisco. Indt. P.Lar. Jury empand. & sworn: John Patton, William Forster, James Benson, Mark Forster, John Gash, John Crags [sic], J’s Bounds, Daniel Killian, William. Warson, Shadrack. Gibbs, William Sams, Joseph  Randolph.

The jury find the defendant John Scisco, not Guilty of the petit Larceny as charged on the bill of Indt. pros. John Ashworth pays cost.

William Gouldin vs. Thomas Jenkins. No 14. Trover. Jury empand. and charged: John Patton, William Forster, James Benson, Mark Forster, John Gash, John Craig, J’s Bound, Daniel Killian, Wm. Warson, Shadk. Gibbs, Wm. Sams, Jo. Randolph
Nonsuit

Ebenezer Fain vs. Joseph & Samuel Smith. No. 15 Debt. Jury empand. & charged viz: John Patton, William Forster, James Benson, Mark Forster, John Gash, John Craig, James Bounds, Daniel Killian, Wm. Warson, Shadrack Gibbs, William Sams, Joseph Randolph.
The jury find for the plaintiff and assess his damage to 16 pounds 2s.6d and costs appeal prayed by the plaintiffs counsel, granted and gave bond and security Decton Sweeten and William Farmer bound in 50 pounds.

Ordered that George Cunningham be overseer of the road from Samuel Forgeys to the top of the mountain in place of James Davidson, the same hands that worked under Davidson to work under Cunningham.

Ordered by court that William Murphy, oversee the road from William Dever’s to the top of the mountain between George Penland’s and Boyler’s, the hands on Rims Creek from Biffles Mill up to work.

A deed from John Burton to Thomas Burton for a lott in Morristown containing half an acre acknowledged in open court and ordered to be registered.

Ordered by court that David Warson be overseer from his own house to the county line towards the green rive Cove, that part of Captain Justices company East of French broad river and above the mouth of mud creek to work.

Ordered by court that the following persons serve as jurors at october sessions to wit. John Davidson, Capt., William Alexander, Matthew Patton, Nathaniel Thompson, John Wood, Ben Bird, William Gudger, James Dever, John Wood (Mills River), Hezekiah Applegate, Harman Reid, Moses Crawford, John Sweeten, Ben Davidson, Charles Rowland, Benjamin Bryan, John Edwards, Edmund Sams, Jos. Henry, John Bradly Senr., Joseph Ashworth, Edwd. Williams, James Robinson, Wm. Erwin, John Claypoole, George Penland, Wm.Murphy, David McCarson, William Dever, James Cravens, Samuel Davidson, Benjamin Hawkins, David Hinton, James Sams and John Hightower.

Ordered by court that Samuel Forgey, oversee the road from the new bridge on Mud creek to David McCarson’s that part of Capt. Justices’s company west of the French broad river and below the mouth of mud creek to work.

Court adjourned till the third monday in January 1795 [sic]. Attest D. Vance Clk.

 

 

OCTOBER SESSION, 1794
at a court of common pleas begun opened and held for the County of Buncombe at the court house in Morristown, the third monday of october A.. Domini 1794. Present William Davidson, William Whitson, Lambert Clayton, Esquires.On motion of John Hightower to have his mark recorded. Ordered by court that his mark be recorded as follows Viz: a smooth crop off each ear, and a slit in the left Ear.Court adjourned till tomorrow morning.Court met according to adjournment. Present: Lambert Clayton, William Davidson, William Willson, Esquires.

Grand Jury: Foreman Matthew Patton, John Davidson, William Alexander, John Wood, William Gudger, John Sweeten, Ben Bryan, John Edwards, Edmund Sams, William Murphy, Ben Hawkins, William Dever, senr., Samuel Davidson, David Hinton, George Penland.

Petit Jury: Harman Reid, James Sams, Edwd Williams.

A deed from James McMahan to Robert Patton for 3 lotts in Morristown, containing half an acre each, was acknowledged in open court, ordered to be registered.

A deed from John Burton to Anne Gash, for one fourth acre Lott in Morristown was acknowledged in open court and ordered to be registered.

Ordered that William Erwin oversee the road in place of Edward Johnson.

A deed from William Morrison to William Davidson for 640 acres of land was proved in open court, James Davidson, one of the subscribing witnesses thereto,and ordered to be registered.

A deed from John Weaver to Michael Waggoner for 200 acres of land was acknowledged in open court, and ordered to be registered.

Philip Hoodenpile vs. William Davidson. No. 6. Jury empand. and charged viz:

Harman Reid, James Sams, Edward Williams, John Biffle, John Weaver, Aaron Patton, Nicholas Woodfin, Samuel Dunsmore, Jonathan McPeters, William Ussery, James Dunsmore, Robert Patton.
Juror withdrawn.

A deed from William Davidson to Joshua Williams for 100 acres of land was proved in open court by John Davidson, the subscribing witness thereto, ordered to be registered.

Ordered by court that Lambert Clayton, Philip Hoodenpile, and James Davidson, Esquires be committee to compare the entries on the former entry takers book with the original locations handed to him by the different climents and obsirve how they agree.

A deed from Philip Smith, to John Scisco, for 100 acres of land was acknowledged in open court and ordered to be registered.

A deed from William & John Davidson to William Gudger, for 200 acres of land was acknowledged in open court and ordered to be registered.

A deed from John Gilbert to John Vandiver, for 50 acres of land was proved in open court by David Vance, one of the subscribing witnesses thereto, ordered to be registered.

Ordered by Court that all Captain Hensely’s company to cut out the road agreeable to a former order.

Court adjourned till tomorrow morning 109 O’Clock.

Met according to adjournment. Present: William Whitson, William Willson, Joseph Harden.

A deed from John Burton to Sarah Hamilton for one half acre lot in Morristown was acknowledged in open court and ordered to be registered.

David Hinton admr. of Avington Cox Decd. vs. Jeremiah Hammonds. No. 8. Jury empand. & sworn to wit: Harman Reid, James Sams, Edward Williams, James Clemons, Edwd. Johnson, John Craig, Robert Williamson, John Hightower, Jacob Boyler, James Matlock, James Gillispie, John Weaver
The jury find the defendant guilty of the trover and conversion of one plough, & assess damage to ten shillings and costs.

A deed from John Burton to Thomas Forster Senr. for one half acre lot in Morristown was acknowledged in open court and ordered to be registered.

A deed from John Burton to Thomas Forster for one half acre lot in Morristown was acknowledged in open court and ordered to be registered. [sic]

Joseph Balls vs. John Hightower. No. 10 Case Jury empand.and charged to wit: Harman Reid, James Sams, Edward Williams, James Clemons, John Craig, Robert Williamson, Jacob Boyler, James Matlack, James Gillispie, John Weaver, Joseph Smith, James Davidson
Mistrial

Agreeable to the report of the committee appointed to wit Philip Hoodenpile, Lambert Clayton, and James Davidson Esqrs. the court Recd. the books and Documents from Thomas Davidson the former entry taker and delivered them to Joseph Henry the present entry taker who received them.

Court adjourned till tomorrow morning 10 O’Clock.

Met according to adjournment. Present: Lambert Clayton, William Wills, Robert Love, Esquires.

William Willson vs. Francis Goff. No 15. T. 2.6 Jury empand. & Charged to wit: Harman Reid, James Sams, Edwd. Williams, William Boyd, James Gillispie, John Biffle, Thomas Sheppard, John Ros, Benjamin Odell, Thomas Forster, Merry Webb, John Davidson
Nonsuit {sic}

Appealed prayed and granted for security Jonathan McPeters.

A deed from Adam Dunsmore to Samuel Dunsmore, for 118 acres of land was acknowledged in open court and ordered to be registered.

A deed from Waightstill Avery, to Adam Dunsmore, for 500 acres of land was acknowledged in open court and ordered to be registered.

A deed from Benjamin Gudger to Nehemiah Gudger for 100 acres of land was acknowledged in open court and ordered to be registered.

Nancy Nanny admrx. of Isaac Nanny Decd. vs. James Bridges. No. 8 appeal. Jury empand. & Charged to wit: Harman Reid, James Sams, Wm. Boyd, James Gillispie, John Biffle, Thos. Sheppard, Ben Odell, Thomas Forster, Merry Webb, Ebenezer Faine, John Davidson, John Patton.
The jury find for the plaintiff the sum of 9 pounds 14s and 6d costs. Appeal prayed.

A deed from John Burton to William Willson, for a lot containing one acre of land in Morristown, was acknowledged in open court, Ordered to be registered.

A deed from Andrew and David Miller, to James Porter for 100 acres of land was acknowledged in open court for himself and his son Andrew. Ordered to be registered.

Mary Anne Burn’s into court and prayed liberty to administer on the estate of Samuel Burn’s, gave bond and security according to Law to wit: Merry Webb, and William Alexander, bound in 600 pounds. Ordered that Letters of administration issue accordingly.

Ordered by the court that William Ussery, serve as constable for one year, who gave bond and security according to the law and took the necessary oaths.

Court adjourned till tommorrow [sic] morning 10 O’Clock.

Court met according to adjournment. Present: Philip Hoodenpile, Robert Love, James Brittain, Esquires.

Ordered by the court that the following persons serve as jurors at January sessions 1795 To wit Charles Rowland, George Baker, Mark Forster Senr., John Stanton, James Chessor, Stepphen [sic] Babb, John Ashworth, Richard Hill, James Wood Jr., Thomas Patton, Henry West, James McMahan, William Davidson, Maj., Andrew Miller, Joseph Maxwell, John Rogers, Samuel Forgey, Reuben Johnson, Captain John Patton, William Forster, Jonathan McPeters, Thomas Forster, David Brown, George Parks, Andrew Mitchel, David Kimsey, James Boys (or Bogs), Jacob Biffle, John Bevins, John Griggory, Edmund Palmer, James Cope, & William Findly.

The committee who was appointed to examine the books of the county trustee for the year 1792 – Report that his account against the sheriff for said year amounts to 41 pounds 14.2.7d the sheriffs credits for said year 42 pounds 14s. Ballance in favor of the sheriff 19s.5.

Ordered by the Court that the Oldest claims against the county shall be first discharged the sum in the treasury for each year be insufficient the claims to be paid off in proportion to their amount.

Ordered by court that John Patton, John Gash, William Forster, Edmund Sams, William Gudger, Ben Yardly, William Boyd, John Craig, Samuel Forgy, William Fletcher, John Bradley Senr., Andrew Miller, James Dever, Joseph Maxwell, Samuel Randolph, and George Ramsay, be a jury to view, mark & lay off a road the nearest and best way from Martin Gashes to Samuel Forgey’s on on [sic]

James Box vs. James Gillispie. appeal. New Trial prayed and granted.

A deed from John Burton to Bedent Baird, for a lot containing one acre of land in Morristown was acknowledged in open court and ordered to be registered.

Ordered by court that Nathan Smith (on petition) have liberty to erect a grist mill on his own land on a Small creek that runs into French broad River through said Smith’s plantation.

On petition of John McNill Alexander and William Sharp, to have an Error, in a patent corrected ordered that the Clerk certify to the Secretary &c.

Court adjourned till the third monday in Jany. 1795.

 

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