Return to Buncombe County Court Minutes

1795-July

BUNCOMBE COUNTY COURT MINUTES
This installment concludes the continuing series of Court Minutes that were originally transcribed from microfilm by William Yates, Editor of The Ridge Runners. ALOB appreciates his kind permission to reprint them for OBCGS members.
JULY 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 of July 1795. Present: Lambert Clayton, James Brittain, John Dillard, Esquires.Grand Jury: F Man John Bradly Senr., James Dever, Joseph Hughey, Benjamin Hall, John Hammond, Hugh Davidson, Aaron Gatton, Thomas Dillard, John Weaver, Elijah Williamson, James Cravens, Reuben Johnson, John Witherow, Beden Baird, John Rogers. Petit Jury: Joseph Henry, Joseph Austin, James McMahan, John Box, Ben Hawkins, James Dunsmore, Wm. Young, John Gooch. 

Ordered by court that William Tredway be overseer of the road in place of John Lykins. The same hands that worked under Lykins to work under Tredway.

Ordered by Court that Gabriel Elkins be constable in Thomas Love’s district.

A deed from Randolph Fugate to William Madilin for 75 acres of land was proved in open court by John Odell, one of the subscribing witnesses thereto. Ordered to be registered. 

Gabriel Elkins came into court took the oaths prescribed by law for the qualification of public officers and the oath of a constable. Gave bond and security according to the law wit Jas. Love & James Hughey.

Rachel Hight came into court and was ordered to be bound to James Durham, ordered by the court that she be bound to said Durham, who is to give her when free agreeable to Indentures. 

Court adjourned till tomorrow morning 10 O’Clock. 

Court met according to adjournment. Present: James Brittain, William Brittain, Adam Cooper, Esquires. 

A deed from William Ramsey to Isham Davis for 50 acres of land was proved in open court by John Holcombe a subscribing witness thereto, and ordered to be registered. 

A deed from George Beattie to William Ingram for 134 acres of land was proved in open court by Kyle Hamilton one of the subscribing witnesses thereto and ordered to be registered. 

William Hunter vs. William Gilliahn: No. 10. Trover for a hog. Jury empand. & sworn to wit: Joseph Henry, Joseph Austin, James McMahan, John Box, Ben. Hawkins, James Dunsmore, William Young,, John Gooch, Edwmmd [sic] Sams, Wm. Forster, Henry Biggs, Merry Webb. 

The jury find the defendant Guilty and assess the plaintiff Damage to 20/ & 6d Costs. 

A deed James Greenlee and Mary Bowman to James McNabb for 540 acres of land was proved in open court by Hamilton Kyle one of the subscribing witnesses thereto, and ordered to be registered. 

A deed from Thomas Fowler, to Noblet Johnson for 300 acres of land was acknowledged in open court and ordered to be registered. 

A deed from Sarah Shipman to Edward Shipman, for 300 acres of land was proved in open court by James Medcalf one of the subscribing witnesses thereto. Ordered to be registered. 

A deed from James Midcalf, to Jonathan Dildine,for 200 acres of land was acknowledged in open court & ordered to be registered. 

Ordered by court that Amos Justice take in taxable property for the year 1795 in place of Joseph Hardin, Esq. 

Benjamin Bird Senr. returned into Court an inventory of the Estate of Ben Bird, Junr. decd. 

An inventory of the Estate of Thomas Allison dec’d was returned into court by Ben Bird and Thomas Bird, Executors of said Estate. 

Mary Ann Burns administratrix of the Estate of Samuel Burns dec’d returned into court an account of Sales of said Estate to the amount of 78.13.2 pounds. 

Court adjourned till tomorrow morning 9 O’Clock. 

Court met according to adjournment. Present: Lambert Clayton, Abm. Denton, Amos Justice, Esquires. 

A deed from William Chambers to Benjamin Hawkins for 300 acres of land was acknowledged in open court and ordered to be registered. 

A deed from John Huddlestone to Amos Justice for 200 acres of land was acknowledged in open court and ordered to be registered. 

A deed from John Burton to George Greer for 400 acres of land was acknowledged in open court and ordered to be registered. 

On motion of Joseph Spencer, on affidavit of John Burton the court ordered that a writ of Audila Guerile issue to bring into court the papers in the suit Edward McFarland vs. John Burton and that the execution be stayed untill the further order of the court. 

Ordered that Joseph Weaver be notified appear and shew cause he should not pay the attendance of Even Douthett in his suit with William Farmer.

Ordered by court that Thomas Justice be constable in place of David McCarson. 

Ordered by Court that Charles Calloway be allowed the sum of fifty shillings for keeping Susannah Baker and her child. 

Ordered by court that Philip Hoodenpile, Hickman Hensely and William Tredway Esqrs. Be appointed to contract and agree with some person for the support of Susannah Baker, and her child for the space of Twelve months.

Ordered that Ben Dennton be appointed constable he complying with law.

Ben Denton came into court gave bond and security according to law, took the oaths prescribed by law for qualification of public officers and the oath of a constable. 

A deed from David Miller to Thomas Woodfin for 200 acres of land was acknowledged in open court and ordered to registered. 

Ordered that James Porter be appointed constable he complying with the law. 

James Blevins vs. Edward Williams. No. 13. App’l. Judgement of the court that judgement below reversed and that the plaintiff 3.15.8 pounds and Costs. 

Court till tomorrow morning 9 O’Clock. 

Court met according to adjournment. Present: John Dillard, Wm. Tredway, James Brittain, Esquires. 

State vs. Jas. Davidson: Indt.P.Lar. Jury empnad. & sworn to wit: Jos. Austin, James McMahan, Ben. Hawkins, James Dunsmore, John Gooch, Robert Harris, Geo. Ramsey, Jos. Gash, John Craig, James Rutherford, James Clemons, Nathan Smith. 

The jury find the defendant James Davidson guilty of the Petit Larceny in manner and form as charged in the bill of indt. 

State vs. Ormond Morgan: Indt. Trespass. Jury empand. & Sworn to wit: Joseph Henry, Jos. Austin, Jas. McMahan, Ben Hawkins, James Dunsmore, John Gooch, Geo. Ramsey, Jos. Gash, John Craig, Saml. Davidson, Henry McKennie, Wm. Whitson

The jury find the defendt. Ormond Morgan Guilty of the Trespass and form as Charged in the bill of Indictment. 

Ordered that Lambert Clayton, William Fletcher, Adam Cooper, James Hughey, and Philip Hoodenpile attend as jurors at Morgan Supr. Court Septr. Term.

A deed from Benjamin Davidson to James Davidson his son was proved in open court by Samuel Davidson one of the subscribing witnesses thereto ordered to be registered. 

Ordered by court that the following persons serve as juror at October sessions 1795 To wit 

Ben Odell, Rchd. Williamson, Ebenezer Faine, William Durham, Benjamin Davidson, George Cunningham, Benjamin Gudger, Thomas Alexander, Henry Hately, Hamilton Kyle, Samuel Denton, John Butler, David McCarson, John Osborn, John Hawkins, Moses Ashbrook, Ben. Greggory, William Bailey, John Chambers, David Greer, George Penland, James Gillespie, Joseph Hughes, John Edwards, James Poteet, John Likens, Merry Webb, William Findly, William Rice, John Webb Senr., William Whitson, John Patton, Daniel Smith, Jonathan McPeters, John Davidson, James Wilson, William Morrow, John Ashworth, Henry Warson, & John Gillihan. 

State vs. William Farmer: Indt. AB Same jury empand and sworn as in the last trial. 
The jury find the defendant William Farmer Guilty of the assault and battery in manner and form as charged in the bill of Indt. Fines 3/. 

Ordered by court that Charles Ead, William Whitson, and William Fletcher, be appointed inspectors to the Ensuing Election. 

Court adjourned till tomorrow morning 9 O’Clock. 

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

State vs. Bedent Baird: Indt. A.B. Jury empand. and sworn To wit: Joseph Henry, Jos. Austin, Jas. McMahan, Ben. Hawkins, John Gooch, Eben. Fain, William Boyd, William Forster, Jacob Boyler, Jos. Gash, Wm. Davis, John Gillihan
The jury find the defendant Bedent Baird not guilty of the A.B. in manner and form as charged in the bill of Indictment. 

A bill of sale from James Matlock to Ben Hall was proved in open court by Bedent Baird one of the witnesses thereto & ordered to be recorded.

On motion of Waightstill Esqr. and causes shewn, Ordered by the court that a Dedimus Potistatum issue Major John Carson & _____[sic] Justices of Burke County to take the acknowledgment of proof by witness of a deed conveyance for four hundred acres of land from Benjamin Cockram, to said Avery and lying in Buncombe and the witness living in Burke. 

Ordered that the clerk and sheriff be allowed the sum of 14 pounds each Extra offici fees for the year 1794. 

A power of attorney from John Brown to Joshua Williams was proved in open court by John Hightower, one of the witnesses thereto, and ordered at length to wit. 

Know all men by these presents that I John Brown, now of the state of North Carolina, Burke County (late of the State of Pennsylvania). For divers good causes and considerations me thereunto moving. Have nominated, constituted, and appointed my true and lawful attorney to do and act in all my business in Buncombe relative to the lands that I have caused to entered in said county that is to say, I do vest and authorise in him full power and absolute authority to do in for me and in my name and to make use of my name and the name of William Cathcart, William Steadman, George Latimore and John Norris names in every case where he may think proper that is to say and be understood all or any engagements or negociations [sic] that he may make or cause to make respecting the laying, or surveying or transfering of land warrents into the name or names of my person or persons, that he may think proper or any expense he may be relative to the same. – I do hereby ratify and confirm in as full and ample a manner as what I or any other person could or might do were I or they personally present could do. – And authorise my said attorney to transfer any of the entries caused to be made by me in Buncombe County unto the name of John G. Blout, John Carson, James Willson, or any other person he may think proper to do it in, and survey the said lands in any part of Buncombe County that he may think most adviseable to do business relative to the premises, and by these presents do hereby ratify and confirm the said proceedings. Give under my hand this 15th day of July 1795. John Brown in the presence of: Thomas Smith, Robert Craig, Jno. Hightower

Ordered by court that William Ussery be overseer of the road leading thro’ Green river Cove from the south line, to the top of the dividing ridge between said Creek and Green river, the hands in that part of Buncombe in said cove to work. 

Court adjourned till the third Monday of October 1795. Attest D Vance Clk. 

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