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1795-April

 

BUNCOMBE COUNTY COURT MINUTES

This files was originally transcribed from microfilm by William Yates, Editor of the Ridge Runners in August 1975 and is being re- produced here for the members of OBCGS with Mr. Yates’s kind permission. The series began in the 1994 May issue of A Lot of Bunkum. This installment continues from Vol. XVI # 2, page .35.
APRIL SESSION 1795
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 April 1795. Present : William Davidson, Robert Love, Lambert Clayton, Esquires. Grand Jury: F.Man Adam Dunsmore, John Wood, Nicholas Woodfin, William Metclf [sic], Edward Johnson, Gabriel Elkins, Henry McKennie, George Davidson, Samuel Davidson, John Davidson, John Philips, James Clemons, William Gudger, Joseph Ashworth, Edward Williams. Agreeable to a commission to us directed John Dillard, Thomas Love, Thomas Forster, Amos Justice, and Gabriel Keith, took the oaths prescribed by law, for the qualification of public officers, and the oath of the Justice of the peace, and took their seats as such. 

On motion of Abraham Reid, ordered by the court that his mark and brand be recorded as follows Viz. A crop off each Ear, the brand A.R. on the mounting and Shoulder of his horses, and on the Cushion of his Cattle. 

Court adjourned till tomorrow morning 10 O’clock. 

Court met according to adjournment. Present: Lambert Clayton, Hickman Hensely, Amos Justice, William Davidson, Esquires. 

Ben Bird and Thomas Bird, Brought into court the last will and testament of Thomas Allison decesd. which was proved in open court by Hickman Hensely, and Thomas Bird, Ben Bird and Thomas Bird were qualified as Executors. 

Reuben Wood Esqr. County Solicitor resigned his appointment as Sol. The Court proceeded to Elect another, and did Elect to that Office Joseph Spencer Esquire. 

Petit Jury: John Craig, Walter Hogshead, Mark Forster Jr., Robert Baker, James Davidson, John Gash, James Willson, Joseph Henry 

The deposition of Alexander St. Clair, and William Chambers ordered to be recorded at length as follows Viz. State of No. Carolina, Buncombe County: This day came Alexander St. Clair before me, and being duly sworn saith, that he saw a bond in possession of William Colyer, against Doctor Sewthold and Mathew Adkinson, to Stand between him in any suits, that might be brought by General Seveir, Charles Robinson or any other person or persons, respecting the mines, which the said Sewthold & Adkinson, bought from the said Coyler, and a number of other papers to use of sd. Sworn to before this 21 day of April 1795.

Joseph Hardin J.P. 

Alexander St. Clair 

State of No. Carolina, Buncombe County: This day came Wm. Chambers and made that on the 21st day of January the dwelling house of James Chambers was burnt and William Coyler, sent a small trunk, with William Chambers, and said deponant [sic] put it in his trunk, and has reason to believe was burnt with the rest of the goods in the house. Sworn to and subscribed before this 26th day of January 1795.

Wm. Davidson, J.P. Wm. (his mark) Chambers 

Agreeable to commission to us directed Abraham Denton came into open court and took the oaths required by law for the qualification of public officers and the oath of a justice of the peace, and took his seat. 

David Mimme vs. Bedent Baird: No. 28 Trover &c. Jury empan’d & Sworn to wit: Walter Hogshead, Mark Forster, Robert Baker, James Davidson, John Gash, James Willson, Norris Midcalf, Thomas Alexander, William Dever Junr., James Love, Ben Johnson, Henry Warson 

The Jury find the defendant Guilty of the Trover &c and assess the plaintiff damage 6 pounds 70 and costs. 

The plaintiff agrees in open court that if the defendant delivers the horse mentioned in the declaration, to the plaintiff on his order sound and in good riding order on or before Saturday the 25th Instant, it shall be in full satisfaction of this Judgment.

John Davidson vs. Adam Cooper: No. 7 Jury empannalled [sic] to wit: Walter Hogshead, Mark Forster, Robert Baker, John Gash, Norris Midcalf, William Dever Jr., James Love, Henry Warson, William Hunter, James Adams, Samuel Parks, Merry Webb
The jury find the defendant did not assume. 

John Dillard resigned his appointment as overseer of the road, and James Love appointed in his place, same hands to work under Love that worked under Dillard. 

Edward Williams appointed overseer in place of Joseph Ashworth, – same hands to work. 

Ordered that John Street, Samuel Smith and John Greggory be appointed constables who are to come into this court, give bond and security, and be qualified as such. 

Benjamin Bird Senr. Came into court and prayed Letters of Administration on on [sic] the Estate of Ben Bird Junr. Who the oath of admr. – gave bond & security Thomas Bird & Henry Hately – ordered that Letters issue. 

Ordered that Joseph Gash oversee the road in place of Joseph Smith same hands to work. 

Joseph Hughey high sheriff came into Court and resigned his office. The court then proceeded to the Election of a sheriff and did Elect to that Office James Hughey Esquire.

Present: James Davidson, John Dillard, Wm. Davidson, Gabriel Keith, Robert Love, Wm. Tredway, Thomas Love, Abm. Denton, Will. Willson, Hickman Hensely, Joseph Hardin, Philip Hoodenpile, Adam Cooper, Thomas Forster, Amos Justice, Esqrs.

Joseph Hughey Esquire came into court took the oaths prescribed by law for the qualification of public Officers, and the oath of office, gave bond and William Willson, Joseph Hughey, James Cunningham and Bedent Baird security. 

Court adjourned till tomorrow morning 9 O’Clock. 

Court met according to adjournment. Robert Love, Thomas Love, John Dillard, Wm. Wilson, Thomas Forster, Will Tredway 

William Dever Junr. vs. John Carson: Appl. Judgmt. 3.16 pounds debt & 6d Cost. 
Judgement of the court, that the Judgement of the Justice be reversed and that the plaintiff pay costs. 

Joseph Bates vs. John Hightower: No. 6. Jury empand. To wit: Walter Hogshead, Mark Forster, Robert Baker, Baxter Davis, James Wilson, Thomas Abel, Hugh Davidson, Jacob Kailes, James Dever, William Warson, James Hawkins 
Nonsuit. 

William Duncan vs. Adam Cooper: No. 21. Appl. Judgment of the Justice below 4.14 pounds. Cost 6/ Wm. Willson J.P. The judgement of the Justice below confirmed. 

Ordered by the Court that the following release be entered on the minute Docket at length to wit. Know all men by these presents that I James Davidson Senr. Have received two hundred pounds of James Baird, in full consideration of all bonds, bills, notes, assignments, debts, dues and demands whatsoever and more specially in consideration of a certain note, given by said John Baird to me the said James Davidson, for that sum which I do hereby acknowledge to have received in full and do hereby release the said John Baird, from any demand whatsoever respecting the said note, which I lost out of my possession. 
In witness whereof I have hereunto set my hand and seal this 22nd day of April 1795. James Davidson (seal) Signed & delivered in the presence of D. Vance. 

An inventory of the estate of Samuel Burns decsd. was returned into Court by Anne Burns, administratrix. Ordered that the perishable part of the Estate exclusive of Slaves, be sold according to Law, and that no debt appearing, -ordered that the slaves be not sold. 

Court adjourned till tomorrow morning 9 O’clock. 

Court met according to adjournment. Present: William Willson, Lambert Clayton, Amos Justice, Esquires. 

John Davidson vs. Robert St. Clair: No. 8 Appl. Jury empannalled [sic] to wit: Walter Hogshead, Mark Forster, John Craig, Robert Baker, James Matlock, Rich. Yardly, Moses Thompson, Joseph Sorrels, William Boyd, William Hunter, James Dever, Merry Webb 
Justices Judgement below confirmed to wit 20 pounds and Costs, the plaintiff givers credit for 7.4 pounds a ballance [sic] owing from the plaintiffs contract with the defendant.

John Greggory came into court and took the oaths required by law for the qualification of public officers, & the oath of a constable and gave bond and security according to law. 

John Carson vs. Wm. Dever Jr.: No.22. Appeal. Refered [sic] to Lambert Clayton, Robert Love and Amos Justice and their award of any two of them to be a rule of the Court. – The award of the referees 4.14.4 pounds to the plaintiff and costs. 

Ordered by the court that William Kyle, be overseer of the road from the forks at Aaron Patton’s, to the mountain top at the head of the Catawba, all the hands from said forks upward to work. Likewise that James McNabb, be overseer from the above forks to the ford of the river at Samuel Forgey’s old place. Aaron Patton, and the hands on the south side of Swannanoa, as low as said fork to work. All the hands on the north side of Swannanoa, as low as the line of Capt. Davidson’s to work on the road leading to the Court house under Joseph Rice overseer. 

Michael Harrison vs. Merry Webb: App’l. 
Nonsuit. 

Charles Robinson vs. Merry Webb: App’l. 
Nonsuit. 

Samuel Smith appeared in open court and was qualified as above. 

James Blevins vs. Edward Williams: No.35. 
Continued 

State vs. Joseph Randolph: P. Lar. Jury empan’d & Sworn to wit: John Craig, Walter Hogshead, Mark Forster, James Davidson, John Gash, James Willson, Joseph Sorrels, Will. Boyd, Zebulon Baird, Baxter Davis, Will. Young, James Love. 
The jury find the defend. Joseph Randolph Not Guilty of the Petit Larceny in manner and form as charged in the bill of Indictment. 

Court adjourned till tomorrow morning at 9 O’Clock. 

Court met according to adjournment. Present: Philip Hoodenpile, Lam. Clayton, Thomas Forster, Robert Love, Esquires. 

Ordered by court that Thomas Forster take in the list of taxable property in Captn. Pattons Company for the year 1794 & 1795, and make return for the year 1794 to the clerk as soon as may be. 

Moses Crawford vs. John Glassgow: No.13 Case. Jury empand. To wit: John Craig, James Wilson, Jas. Davidson, Mark Forster, Robert Baker, John Gash, John Patton, Will Gillihan, James Matlock, William Whitson, Ebenezer Fain, John Hightower.
Nonsuit. 

A release from Benjamin Yardly to Daniel Smith, for a contract made with said Smith for work done at a house was acknowledged in open court and ordered to be registered as follows. Know all men by these presents that I Elihu Chambers of the county of Buncombe and State of No. Carolina of four pounds fourteen shillings and four pence in hand paid by Daniel Smith, to Benjamin Yardly in part pay for the building a house for the said Daniel, in which we at first were Jointly concerned, to perform to Daniel – Do release the said Benjamin from all damages on that account, and further engage to indemnify the sd. From any further demands from the said Daniel Smith. 
Witness my hand and seal this 24th day of April 1795. Elihu Chambers (seal) Sealed and delivered in presence of Jas. Holland, John Leak. 

Elihu Chambers vs. Daniel Smith: App’l. Jury empand. To wit: John Craig, James Wilson, Js. Davidson, Mark Forster, Robert Baker, John Gash, John Patton, Wm. Gillihan, Jas. Matlock, Wm. Whitson, Eben. Fain, Jas. Love. 
Nonsuit. A release introduced on part of the plaintiff from Ben Yardly. 

Ordered Court that Philip Hoodenpile Esqr. Be overseer in room of James Langford, & have the whole of the hands in Captain Hensely’s company untill he opens the road, afterwards all that part of said company from James Hensely down Caney River likewise on Jacks creek to work. 

Justices to take in taxable property for the year 1795, Hickman Hensely Esqr. To take in his own company, Gabriel Keith to take in Captn. Choates company, John Dillard Captain Dever’s company, James Alexander Captain Davidson’s company, William Willson in Captain Wilson’s company, Joseph Harden in Captain Justices company, Abraham Denton to take in Green river Coves, and Lambert Clayton in Captain Odells Company, Ben Odell, Junr. Constable to warn in said company. 

Elihu Chambers vs. John Hightower: No. 15. The jury empand. To wit: John Craig, James Willson, Ben. Hall, Mark Forster, Robert Bake [sic], John Gash, John Patton, Wm. Gillihan, Jas. Matlock, Ebenezer Fain, James Love, Gabriel Ragsdale. 
Nonsuit. 

Ordered by court that George Cathey Senr., James Chambers, Jonathan McPeters, David McPeters, Joseph McPeters, John Davidson, James Adams, Austin Hightower, James Rutherford, Oldham Hightower, Senr., Ben Hawkins, James Hawkins, John Nelson & Samuel Davidson be a jury to view mark and lay off a road the nearest and best way from the Court house to Jonathan McPeter’s on Hominy Creek and report to July sessions in 1795. 

William Murphy vs. Jacob Boyler: No. 16.Jury empand. Same as in No. 15. 
Nonsuit. Appeal prayed and Granted. 

Henry Conway vs. Joseph Hukkings: No. 17. Same Jury as in No. 16 but Joseph Sorrells in place of James Love. Adjudged by court that there is a record of 41.9.9 pounds. The jury find interest 2.3 pounds 10d and Cost. 

William Farmer vs. Rich. Williamson: No. 3. Judgement for the plaintiff Below 4.16 and cost 4/. Judgement of the court that the Judmt. Of the Justice below be reversed.

Court adjourned till tomorrow morning 8 O’Clock. 

Met according to adjournment. Present: William Davidson, Wm. Wilson, James Brittain, Esqrs. 

Ordered by court that the following view mark and lay off a road James Willson’s on Cane Creek to Samuel Forgey’s old place on Swannanoa, and make report to the July session to wit: – Edward Williams, John Ashworth, James Bridges, James Forgey’s, James Willson, William Warson, James Porter, Henry Warson, Stephen Babb, Richard Sumner, John Craig, William Boyd, and John Williams. 

Ordered by court that the following persons serve as jurors at July sessions 1795 to wit: John Hamonds, Joseph Hughes, James Poteet, Henry Deweese, Thomas Dillard, John Gooch, James Boyce, Benjamin Greggory, Joseph Hughey, John Weaver, Matthew Cole, James Cravens, John Bradley, Wm. Morrow, John Witherow, Joseph Henry, John Patton, Reuben Johnson, Benj. Hawkins, Bedent Baird, Ben Hall, James Dunsmore, William Young, Matthew Patton, Aaron Patton, Hugh Davidson, John McMahan, John Box, John Rogers, Elijah Williamson, John Boydsteen, John Lockart, Joseph Austin, James Robertson, and James Dever. 

Ordered by court that James Brittain, oversee the road from the Roaring Shoal to Mill’s River in place of James Forgey, the hands in Captain Justices company on the west side of the river to work, said overseer to keep the road in repair from said ford to the top of the mountain at the head of Boydsteen’s creek. 

From the gap of the mountain at the head of Boydsteen’s creek, – ordered by court that Walter Hogshead be overseer, all the hands below said Branch in Odells company to work. – Ben Odell Senr. Overseer from said branch to the three forks all the hands above said branch in Odell’s company to work. 

Ordered by court that an orphan mulatto, Girl by the name of Celia, be bound to James Willson untill she attains the age pointed out by law for people of Colour to be free.

The following hands to work on the road from Mud creek Bridge leading to Green river Cove, all on clear Creek in Captain Willson’s Company, all the mud creek, Hungry and French Broad, on the east in Captain Justices company under David McCarson Overseer.

Ordered that each taxable person pay a county tax the year 1795 of 2/and 8d on every hundred acres of land. 

A deed from John Burton to William Lux for 8 acres of land was proved in open court by James Holland one of the subscribing witnesses thereto, and ordered to be registered.

A deed from John Burton to Joseph Hughey, for half an acre lot in Morristown, was proved by Samuel Lusk, one of the subscribing witnesses thereto, and ordered to be registered.

A deed from Samuel Woods, to John Davidson Junr. For 320 acres of land was proved in open court by John Carson one of the subscribing witnesses thereto, and ordered to be registered. 

Likewise the following power of attorney ordered to be entered at length in the minute docckett. 

Know all men by these presents that I Samuel Woods of Elbert County of the State of Georgia, have made, ordained, constituted and appointed Joseph McDowell atty. at law of Burke County and State of North Carolina, my true and lawful attorney for me and in my name, & behalf sign my name to a deed of conveyance to John Davidson of Buncombe County for a tract of 320 acres of land formerly in Burke County, now in Buncombe county on both sides of Hominy creek about one mile more or less from the mouth of said Creek, ratifying, allowing and confirming, whatsoever my said attorney shall lawfully do, or cause to be done, concerning the same, as if I was personally present and at the same to receive, my obligation which said Davidson has of me for a title, but no title to be made untill I am paid or my pay fully secured, for said land. Witness my hand and seal this 16th day of December 1794. Samuel Wood (seal) 
Test: George Cathey 

A deed from John Burton to Captain William Willson for 2 3/4 acres of land in Morristown was proved by James Forgey one of the subscribing witnesses thereto and ordered to be registered. 

A deed form Richard Hill to Edward Cragg, for 60 acres of land was proved in open court by Dempsey Sumner one of the subscribing witnesses thereto, and ordered to be registered.

A deed from Kiziah to Nathan Thacher for acres of land was acknowledged in open court and ordered to be registered. 

A deed from John Burton to Edward McFarland for one fourth of an acre lot in Morristown was proved by Samuel Leuke one of the subscribing witnesses thereto, and ordered to be registered. 

A deed from John Philips to James Henderson, for 200 acres of land was acknowledged in open court, and ordered to be registered. 

A deed from John Burton to John Street for a lot in Morristown containing one acre of land was proved in open court by Allen Smithson one of the subscribing witnesses thereto, and ordered to be registered. 

A deed from John Burton to Col. William Davidson for half an acre lot of land in Morristown, was acknowledged in open court and ordered to be registered. 

A deed from William Davidson to William Ingram for 100 acres of land was proved in open court and ordered to be registered. 

A deed from Henry Roberts to William Murphy, for 100 acres of land was proven in open court by David Vance one of the subscribing witnesses thereto, and ordered to be registered.

A deed from Richard Hill to Dempsey Sumner, for 40 acres of land was proved in open court by Edward Cragg one of the subscribing witnesses thereto, and ordered to be registered.

A deed from John Gillihan to Randolph Fugate, for 150 acres of land was proved in open court by David Kemsey, one of the subscribing witnesses thereto, and ordered to be registered.

A deed from John Burton to Joseph Hughey for two Lotts in Morristown, containing half an acre in cash [sic] was proven by James Hughey and Samuel Luk, the subscribing witnesses thereto, and ordered to be registered. 

A deed from Burton to Zebulon & Bedent Beard, for 200 acres of land was proved in open court by Hamilton Kyle & Mosias Jones Davidson the subscribing witnesses thereto, ordered to be registered. 

A deed from John Burton to Ephraim Drake Harris for half an acre lot of land in Morristown was proved by William Brittain one of the subscribing witnesses thereto, ordered to be registered. 

A deed from Thomas Lyttle to Joseph Brown, for 200 acres of land was proved by Robert one of the subscribing witnesses thereto, ordered to be registered. 

A deed from James Stringfield to Thomas Abel for 150 acres of land was proved in open court by James Brittain one of the subscribing witnesses thereto, ordered to be registered.

A deed from Sandifer Kiziah to John Gillihan for 200 acres of land was acknowledged in open court, and ordered to be registered. 

A deed fromRobert Payne to Benjamin Johnson for 100 acres of land was proved in open court by John Davidson one of the subscribing witnesses thereto and ordered to be registered.

A deed from John Burton to Zebulon and Bedent Baird for 200 acres of land was proved in open court by and [sic] Mosias J. Davidson, and ordered to be registered. 

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

A deed from John Burton to Zebulon & Bedent Baird, for 50 acres of land was proved in open court by Hamilton Kyle and Mosias J. Davidson the witnesses thereto & ordered to be registered. 

A deed from John Craig to Joseph Sorrells for one lot in Morristown was acknwledged and ordered to be registered. 

A deed from Abraham Carvi, to Joseph Dennis Gash, for 100 acres of land was proved in open court by Samuel Smith one of the subscribing witnesses thereto and ordered to be registered. 

A deed from James Davidson to John Baird, for 240 acres of land was acknowledged in open court, and ordered to be registered. 

A deed from John Burton to Ben. Hall for one lot of land containing half an acre in Morristown was acknowledged in open court and ordered to be registered. 

A deed from Jonathan Blevins to Thomas Garrison for 100 acres of land was proved in open court by John & Thomas Griggory, & ordered to be registered. 

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

A deed from John Burton to William Forster for half an acre lot in Morristown was proved by Thomas Forster Esqr. and Amos Justice and ordered to be registered. 

A deed from John Wood to Henry West for 50 acres of land was proved by Robert Love one of the subscribing witnesses thereto, and ordered to be registered. 

A deed from William Dever to Johnson Sumners for 200 acres of land was proved in open court by James Blythe Senr. One of the subscribing witnesses thereto and ordered to be registered. 

A deed from John Burton to Robert Brank, for half an acre lot in Morristown was proved in open court by Amos Justice one of the subscribing witnesses thereto and ordered to be registered. 

A deed from Adlai Osborn to Joseph Henry for 640 acres of land was proved in open court by Waightstill Avery and Joseph Spencer the subscribing witnesses thereto and ordered to be registered.

A deed from Joseph Morgan to William Willson for 200 acres of land was proved by Lambert Clayton and Robert Orr, the subscribing witnesses thereto, and ordered to be registered.

A deed from David Hinton to Thomas Dillard for 100 acres of land was proved in open court Robert Love and Robert Walker, the two subscribing witnesses thereto, and ordered to be registered. 

A deed from Samuel Renfoe to William Willson for 100 acres of land was proved in open court by Gabriel one of the witnesses thereto and ordered to be registered. 

Court adjourned till the third Monday of July A. Dom. 1795. Attest D Vance Clk.

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