************************************************************************ File contributed for use in the USGenWeb Archives by Sandra Allen Fender ************************************************************************ USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be freely used by non-commercial entities, as long as this message remains on all copied material. These electronic pages cannot be reproduced in any format for profit or other presentation. Return to the NCGenWeb Archives Table of Contents http://www.usgwarchives.net/nc/ncfiles.htm#NC ************************************************************************** Abstracted from Microfilm # C.107.30001 Yancey County Minute Docket Court of Pleas and Quarter Sessions January Term, 1834 & June Term 1834 (note: Some pages of this microfilm are almost unreadable. I have copied all the names and details that I could read. I have omitted much of the flowery language. Some of the handwriting is very hard to read, especially initials. I had a very hard time distinguishing between m/w t/l, etc. If you are in doubt about an entry, please try to check the original) Sandra Allen Fender fender@hci.net State of NC Yancey County Court of Pleas and Quarter Sessions 3rd Monday of January in the Year of Our Lord 1834 First Court was held at the Caney River Meeting House, it being within five miles of the home of James Gunter as ordered by the General Assembly. Justices Present: 1. Jo. B. Ray 2. Berry Hensley 3. A. L. Ray 4. John Hensley 5. Zephaniah Horton, jr. 6. I. F. Pace? 7. Wm. Dixon 8. S. Hunter 9. Guthradge Garland 10. Garrison Phillips 11. Wm. Deaton 12. J. G. Wise 13. May Jervis 14. A. Gardner 15. W. C. Bailey 16. D. D. Baker Court appointed Daniel Angel to act as Sheriff pro term. Amos L. Ray was elected Clerk of this Court. Duly sworn and gave bond. Samuel Byrd was elected Sheriff to serve until the regular election. Burges S. Gaither was elected Solicitor. Abner Jervis was elected County Surveyor. Joseph B. Ray was elected County Register. Ansel Cook was elected Entry Taker. Guthridge Garland was elected County Trustee. Gave bond with Samuel Byrd and William Deyton Sureties and was duly sworn. Court appointed William Dixon Treasure of Public Buildings. Reubin Young and Zephaniah Horton were appointed coroners for the County of Yancey. Daniel Angel was appointed Constable, took oath and gave bond with Wm. A. Hensley and John Hensley sureties. Court Adjourned. Tuesday January 21, 1834. Justices present: Joseph B. Ray, John Hensley, William Dixon, William Deyton, Guthridge Garland, D. D. Baker, Garrison Phillips. Court appointed John Hensley, Chairman of the County Court. Samuel Byrd, who was elected Sheriff was duly sworn and gave bond with Samuel (last name omitted), Guthridge Garland and Zephaniah Horton Sureties. William Dixon, who was elected Treasurer of Public Buildings gave bond in the sum of Two Thousand dollars with Thomas Wilson, J. G. Phillips, Wm. Phillips and Samuel C. Wilson. Thomas Vance was appointed constable was sworn and gave bond with Thomas Wilson, Tilman Blalock, John. G. Phillips, William Phillips sureties. Reubin Young who was elected coroner was sworn and gave bond with David D. Baker and Wm. Edwards Sureties. Ordered that William Carson have leave to obtain from the Sheriff a license to retail spirituous liquors at his store. Ordered that David D. Baker have leave to obtain from the Sheriff a license to retail spirituous liquors by the small measure at his store. James B. Hensley gives for security, Berry Hensley and J. B. Ray. Samuel C. Wilson and James Hensley were appointed Constables. Were sworn and gave bond. Samuel C. Wilson gives for Security, Tilman Blalock and William Dixon. Court proceeded to lay a tax for the purpose of executing Public Buildings. Tax on the poll of $1.00 and of $1.00 on the $300.00 value of land. Joseph L. Ray, Wm. Edwards, Davenport Baker, J. W. Garland were sworn as Deputy Sheriffs. Amos L. Ray, who was elected Clerk of this court was sworn and entered into bond with Joseph B. Ray, John Hensley and John Anderson. Ordered that E. H. McLure be appointed administrator of the Estate of Edward Briggs, deceased. The widow having relinquished her right to administer. He gave bond in the sum of $1000.00 with Nehimiah Blackstocks and Gray Briggs Security. Ordered that John W. McElroy, a justice of the Peace, William Wilson, John McElroy and Jesse Radford be appointed to lay off years provisions for Phebe Briggs, widow of Edward Briggs, deceased. David McCandles, T. W. Garland and Joel B. Jervis were appointed----?----?--- for the County of Yancey and were duly sworn. Court proceed to lay off the places of holding the elections for members of the Legislature and other elections (viz) one at Smiths and McElroys Store one at May Jervises one at Isaac Rices on Laurel one at Thomas Youngs on Little Crabtree one at Adam Hopases on Toe River one at Lodawick Oakes on North Toe River one at Garland & Briggs Store on Rock Creek one at Jonathan Tiptons Ordered that the Sheriff bring into the next court Susannah and Sally Carter, minor children of Francis Carter that the Court may proceed to provide for them. Tuesday, January 21, 1834 William A. Wilson was appointed Constable, was sworn and gave bond with Samuel C. Wilson, Wm. Dixon and William Phillips Sureties. Nathan Anderson was appointed Constable, was duly sworn and gave bond with J. B. Ray and A. Jervis, Sureties. Soloman H. Right was appointed Constable, was sworn and gave bond with Jonathan Right, Soloman Right and James Harrell, Sureties. James Keith was appointed Constable, was duly sworn and gave bond with Halcom Keith, Willie C. Bailey, Jno. Roberts, Abner Holcome and S. Holcome, securities. William H. Runions was appointed Constable, was duly sworn and gave bond with John Brigman, May Jervis, S. Holcombe, Henry Keith and J. Anderson, securities. Wednesday, January 22, 1834 Present and Presiding: John Hensley, Samuel Hunter and Joseph B. Ray. Court proceeded to draw the Grand Jury to serve at the next court; 1. Allen Bryant 2. Edward Wilson 3. George E. Wilson 4. George Young 5. Jesse Reed 6. Thomas McKiney 7. George Galagar 8. Jacob Metcalf 9. John Rice 10. James Howell 11. William A. Peak 12. Stephen Edwards 13. Jacob Tipton 14. George Buchanan 15. James Buchanan 16. John Shepherd 17. Fleming Vance 18. Jeremiah Sparks 19. Eligah Green 20. Jesse Wilson 21. James Ramsey jr. 22. Ansel Cook 23. James Ramsey sr. 24. John Willis 25. Seth Young 26. William L. Lewis 27. George Rowin/Rolen? 28. Right Hutchins 29. Thomas Wilson 30. Alexander Wiseman 31. Rickles Standly 32. James Sparkes 33. Aaron Burleson 34. John Burleson 35. John Anderson 36. John Woody Court appointed a commission to lay off the plan of and contracting for the erecting of the public buildings of the County of Yancey (viz) William J. Lewis Esquire, Daniel Carter Esquire, Capt. John Edwards, Col. David D. Baker and Col. Tilman Blalock. John Ramsey was appointed Constable, was duly sworn and gave bond with M. Jervis, A. Jervis, W. C. Bailey and James Ramsey. Reubin Keith is fined one gallon of cider and 3 dozen apples and S. Byrd, Sheriff is fined one gallon of cider, Byrd's fine paid. Zephaniah Horton who was appointed Coroner on Monday was duly sworn and gave bond with Joseph B. Ray and Samuel Hunter Surety. Joseph Bowman was appointed Constable, duly sworn and gave bond with William Edwards, Gray Briggs, and J. W. Garland, Sureties. Jackson Stewart was appointed Constable, duly sworn and gave bond with Thomas Vance, James Howell and S. H. Right. Thomas S. Deavers vs James Radford and others. Ordered that Charles Byrd oversee the road from Samuel Byrds on Jacks Creek to ---?--- Rays. Ordered that James M. Anderson oversee the road from Isham Deavers old place to the Rocky Branch above Wm. Barretts. Ordered that Isaac Brigman oversee the road from McCagah McHones to ---?--- Brigmans Still house where James Stewart formerly lived. (It is confusing as to where January Session ends and June Session begins. So, I am including both sessions in this file.) June Session 1834 Order issued to James Buchanan Sen. to oversee that part of the road leading from the Burke line to Cain Creek between the ford of Toe River and Cain Creek with all hands from Davenports on Cain Creek including Thos Gouges and as high upon Cain creek as Joseph Buchanans on said creek. A paper writing purporting to be the Last Will and Testament of James Anderson deceased was produced in open court and offered for probate by Frances Anderson and Jesse Anderson the Executors therein names. Whereupon James Anderson, Wm. D. Arrowood in right of his wife, came into court and denied that said paper writing is the last will and testament of said James Anderson deceased and prayed to be permitted to Caveat of same and thereupon it is ordered by the court that it be sumitted to a jury for the purpose of trying the same. Isaac Grindstaff younger and David Baker jr. Petition to correct errors in a grant. Adjudged by the court that the grant came from the Secretary's Office of this state to Joseph Dobson the --?-- day of April 1789-- 40 acres in the County of Burke now the county of Yancey. Lying on the Mine Fork of Cain Creek. It appears to the court that there is an error in the north line of said grant. Mentions Thomas Armstrongs line. January Term 1834 The within Bond was duly recorded: Edward Briggs deed to George E. Wilson for 150 acres of land on the Ball Mountain, joining Thomas Briggs. Proved by the oath of E. H. McLeur. Deed proved in open court: John G. Blount to Eldridge Deyton for 165 acres. Both sides of the Mine Fork of Jacks Creek. Witnessed by N. Blackstocks. Deed from Samuel Hunter to Gray Briggs for 50 acres of land on the north side---?--- Cain Creek, Cane River was acknowledged in open court and ordered to be recorded. Deed from James H. Poteat to Berry Hensley for 100 acres was proved by Daniel Angel the subscribing witness. Deed from John G. Blount to Berry Hensley for 25 acres proved and ordered to be recorded, by the oath of Thomas Gardner. June session 1834 Deed from William Angel to Greenberry Silvers for 222 acres on Little Crabtree was proved by oath of Thomas Gardner. Deed from James Anderson to Jesse Ray for 400 acres was acknowledged in open court. Deed from E. H. McLure, executor of Edwards Briggs, deceased to George Wilson was duly acknowledged. Deed from Sanders Hughes to Charles Byrd was proved in open court. William Woodfin---?--- bearing date April 25, 1825 was duly proved in open court by the oath of Stephen Morgan. Deed from Sanders Hughes to ---?--- for 89 acres was proved by oath of Jacob Honeycutt. Deed from William Anglin to Samuel Austin for 200 acres on Cane River was acknowledged in open court. Deed for 50 acres of land on both sides of Cainy River was proved in open court by oath of Henry Rowland a subscribing witness thereto (does not name parties). Deed from Robert Austin to Samuel Austin for 50 acres both sides of Caney River proved by oath of William Rowland , subscribing witness thereto. Deed from John Edwards to Thomas Deyton was duly acknowledged. 100 acres of land bearing date June 20, 1834. June Session 1834 A deed from John Bailey to County Commissioners (Thomas Baker, Levi Bailey, Rickles Stanley, John McElroy, Joseph Shepherd). 100 acres for a town site. Bearing date 6 March 1834. (This entry very hard to read). A deed from Hiram Ray to James Ray jr. for 200 acres in two tracts bearing date 6 Feb. 1833 was acknowledged in open court. A deed from Eldrige Deyton and Thomas Deyton, Executors of Nathan Deyton deceased to John Edwards for 100 acres dated June 28, 1834. Proved by Malcome McCurry, witness thereto. Thomas S. Deavers vs James Radford; Appeal, Security Wm. Banderson. Jacob Honeycutt vs Joseph BradBurn At a Court of Pleas and Quarter Sessions opened and held for the County of Yancey at the Courthouse in Burnsville on the last Monday in June in the year of our Lord 1834. Present and presiding: John Hensley, Zephaniah Horton, S. Hunter. Grand Jurors: 1. Geo. E. Wilson 2. John Shepherd 3. James Sparks 4. James Buchanan 5. Edward Wilson 6. John Anderson 7. John Burleson 8. Elijah Green 9. Wright Hutchins 10. William J. Lewis 11. James Ramsey 12. Jacob Tipton 13. Stephen Edwards 14. Aaron Burleson 15. Alexander Wiseman 16. Ansel Cook 17. Thomas Wilson 18. Seth Young. ----?---- Jurors 1. Thomas McKiney 2. Fleming Vance 3. George Buchanan 4. George Gahagan 5. James Ramsey sen. 6. George Young 7. James Howell 8. Jesse Wilson 9. John Woody 10. John Rice 11. Jesse Read 12. Wm. A. Peak. Allen Bryant, John Willis, Jacob Metcalf, Jeremiah Sparks, George Rolen, Jurors to this term excused from serving for reasons shown. Davenport Baker was appointed as an officer to attend the Grand Jury. Joseph Reid was given leave to retail Spirituous Liquors by the small measure. State vs A. L. Ray, Bastardy, $20.00 per year for 3 years to be paid to Elizabeth Wilson for the support of her child. State vs D. Angel, Guilty State vs Joseph Allen, AB, Guilty of Assault but not guilty of Battery. Fine $5.00. Samuel Byrd confessed judgment for cost. Ordered that E, H, McLeur administrator of the Estate of G. Briggs have until next term to file inventory and account of sales. State vs John McPeters, AB, Guilty, fine 6 1/4 cents. State vs John McPeters, defendant submitted. Fine one dollar. Absalum Metcalf vs Richard Radford. Clement Buchanan be exempted from all mustering duty and other ---?---duty, roadworking and so forth but do not exempt him from paying public taxes. John Hensley and William Dixon appointed Inspectors to compare the polls of the several elections. Ordered by the court that the pass of Richard Dauson/Dawson???, a free man of Colour, pass or letters of Freedom be recorded by the clerk of this court. Ordered that Joseph T. Young have leave to obtain a license to retail Spirituous Liqueurs at his store in Burnsville. Ordered that James Anderson have leave to retail Spirituous Liqueurs at his house in Burnsville. Ordered that B. J. Smith, John W. McElroy, William A. Hensley, Robert Chambers and John Rowland be appointed Patrols in said Court. Issued to Sheriff Byrd July the 8th 1834. Ordered that the Sheriff summons a jury of good and lawful men to view and lay off a road from the mouth of the Low Gap near Robert Austin's down the river so as to intersect near Burnsville, Boring through a part of Samuel Austin's, Soloman M. Rays, Thomas Rays Sen. and Forgasons lands. Issued July 8., 1834. Jurors (for next term of court) 1. Jonathan Tipton 2. Jacob Honeycutt 3. Isaac Whitson 4. William A. Hensley 5. Samuel Wilson 6. David Profitt 7. John Edwards 8. Daniel Carter 9. Nathan Anderson 10. James Ray Sen. 11. Elephalet Jervis 12. John M. Hopper 13. Henry Rowland 14. Hiram Ray 15. James Ray, jr. 16. Samuel Austin 17. (blank) 18. Thomas Gardner 19. David Garland 20. Wesley Young 21. Wm. Dixon 22. Adam Hopis 23. Davis Herrell 24. Lazarus Phillips 25. Simeon Burleson 26. Wm. Phillips 27. Wm. Garland 28. Charles Baker 29. Wilson McKiney 30. Isaac Cox 31. Gray Briggs 32. Wm. Bailey 33. Daniel English 34. Garrison Phillips 35. Levi Houston 36. Alfred Hampton