Yancey County Minute Docket Court of Pleas and Quarter Sessions October Session, 1834 & December Session 1834 ************************************************************************ 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 October Session, 1834 & December Session 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 1834 October Sessions Third Monday in October AD 1834 Present and Presiding: John Hensley, J. B. Ray, May Jervis, William Dickson, J. G. Phillips, J. G. Wise, D. D. Baker, Zephaniah Horton, Samuel Hunter, Willie C. Bailey, Berry Hensley, J. W. McElroy. The Court proceeds to the Election of County Offices and other business. Thomas Wilson is the Sheriff Elect for the next five (marked through) years. Ordered that he take oath and enter into bond in the sum of Ten Thousand Dollars. He gives for Security: William Phillips, Ansel Cook, Tilman Blalock, Simeon Burleson, J. G. Phillips, William Dickson and William Blalock. John W. Garland is the Clerk of the County Court Elect for the next four years. It is ordered that he enter into bond in the sum of Ten Thousand Dollars, which was done and executed with David Garland, William Edwards, Rickles Stanly, Gutridge Garland, Abner Jervis, May Jervis and J. W. McElroy. Joseph B. Ray was declared duly elected County Register. He entered into bond in the sum of Five Thousand Pounds and gives as Security: A. Jervis, Z. Horten and Nathan Anderson. Abner Jervis was duly elected County Surveyor and entered into Bond in the sum of Four Thousand dollars with J. B. Ray, Jno. Hensley and May Jervis, Securities. Zephaniah Horton was duly elected County Trustee for the year 1834. He entered into bond in the sum of four thousand dollars with J. B. Ray and William Deyton Securities. John Hensley was duly elected Entry Taker for the County of Yancey. He entered into bond in the sum of two thousand dollars with A. Jervis, Daniel Angel & Andrew Banks, securities. William Dickson was duly elected treasure of Public Buildings. He entered into bond in the sum of four thousand dollars with Thomas Wilson, John Hensley, Tilman Blalock and William Blalock, securities. Reubin Young and Robert Chambers were appointed Coroners for the County of Yancey. Reubin Young entered into bond in the sum of four thousand dollars with William Edwards and D. D. Baker, securities. Robert Chambers entered into bond in the sum of four thousand dollars with William Edwards, Z. Horton and J. B Ray, securities. William Blalock was appointed Ranger for the County of Yancey. Jesse Radford was appointed Standard Keeper for the County of Yancey. Joel B. Jervis and David McCandles were appointed Processioners? for the County of Yancey. Joel B. Jervis was appointed deputy Surveyor to survey the land of A. Jervis the Principal Surveyor for the County of Yancey. Court Adjourned Tuesday the 21st Oct. 1834 Present and Presiding: J. B. Ray, May Jervis and William Deyton. James Auldridge vs David Okes Thomas B. Loyd vs William Bailey, sr. and William Bailey, jr. John and Samuel B????? vs Thos. Reed, debt, not found. Absalem Metcalf vs Richard Radford and John Barriol?. C. L. R. Lambert vs. Thos. B. Reed, debt, not found. James Ray, Sen. vs. Mc Horton. E. H. McLeur vs R. B. Chambers & Samuel Hunter. Gasaway Blanton vs Eligah Green. William Ramsey vs John Whitson, Appeal, J. Honeycutt, bail. A. E. Chandler vs David Okes. Samuel C. Wilson vs David Okes. James Mainey vs D. Angel Hiram Ray vs B. Elkins. Jacob Hornsby vs William Wardroupe. William Edwards was appointed Deputy Sheriff and was duly sworn. Present and Presiding: J. B. Ray, May Jervis, William Deyton. Court proceeded to draw a jury to serve at Dec. Term 1834. 1. John George 2. Thos. Ray, jr. 3. Thomas Howell 4. Nathan Horton 5. William Lorance 6. William Blalock 7. William Collis 8. John Wilson jr. 9. Nathan Honeycutt 10. Jacob Holeyfield 11. Joseph Rice 12. Larkin Chandler 13. Jesse Herrell 14. John Bailey 15. John Shepherd 16. Charles Bailey 17. Thos. B. Dooley 18. Abner Jervis 19. Martin Baker 20. Wiet Woody 21. Jonathan Right 22. Isom Woodard 23. Moses Evins 24. James Herrel 25. Joshua Young 26. Joseph Shepherd 27. Isaac Brigman 28. Arthur Green 29. Jesse Ray 30. James Washburn 31. Jeremiah Sparks 32. Abner Holcome 33. John Woody 34. Green Berry Silvers 35. J. W. McElroy 36. blank December Session 1834 (This section of the microfilm is very hard to read. Not only is the writing bad but it is very faint.) The fifth ?? in December 1834 Present & Presiding: John Hensley, May Jervis, William Dickson, Willie C. Bailey Jury List (list is almost unreadable but seems to be same as jury drawn earlier to serve at this term) Soloman Right sworn as Constable to serve the Grand Jury. The following were qualified as Justices of the Peace for Yancey County: Thomas Sparks, Daniel English, Nathan Honeycutt, Levi Chandler, Jonathan Tipton, Malcome McCurry, Turner C. Prophit, S--- E. Pooer, James Anderson, Daniel Carter, Charles Byrd, Spencer Rice, John Edwards. A majority of the Justices being present court proceeded to elect a Solicitor for the County of Yancey. Bar--- G ------ being the only candidate, it was therefore ordered that he be appointed County Solicitor for the next four years. The following Magistrates being present, to wit: 1. May Jervis 2. J. ?. Ray 3. Berry Hensley 4. Willie C. Bailey 5. David D. Baker 6. William Dickson 7. John Hensley 8. Thos. Sparks 9. Turner C. Prophet 10. James Anderson 11. Charles Byrd 12. Spencer Rice 13. Thomas Howell 14. Daniel English 15. Levi Chandler 16. Nathan Honeycutt 17. Jonathan Right. 18. Jonathan Tipton 19. Malcome McCurry 20. Wm. D. Arrowood 21. ??????? 22. D----- Carter 23. John Edwards 24. Isaac Wilson. They proceed to ballot for a Select Court. Whereupon John Hensley, William ------- and Willie C. Bailey are duly elected. Court proceeded to election of Standard Keepers, Jeremiah Boon and John N. Deyton being candidates. Upon balloting there was found to be for Jeremiah Boon, 11 votes and for Deyton 2 votes. Jeremiah Boon was duly elected Standard Keeper. Daniel Angel being duly elected Constable for Caney River Company gave bond with John and William A. Hensley. William Standly being duly elected Constable for Rock Creek Company, gave bond with William Garland, Gray Briggs and Gutradge Garland. ------ Gilbert being duly elected Constable for Said County, gave bond with Thos. Vance, Thomas Wilson, Daniel English and levy Chandler. Ordered by Court that Henry Masters and ----- Roberson be appointed to settle with Jonathan Tipton, Administrator of Stephen Bennett, deceased. Daniel Mainey is duly elected Constable for Yancey County. he gives for security, Peter Treadway, Abner Holcome and May Jervis. The Will of James Anderson, deceased was offered for probate by the Executors, Jesse Anderson and Francis Anderson and the same was duly proved in open Court by the oath of William G.? Anderson, one of the subscribing witnesses thereto. Who swears that he saw the same will in the presence of the testator, James Anderson and in the presence of Abner Jervis and Darcus Anderson (several lines unreadable). Jesse Anderson and Francis Anderson, qualified as Executors. (next entry unreadable, mentions Jackson Stewart) Court adjourned. Tuesday Dec. 30, 1834 Present & Presiding: May Jervis, William Dickson, Willie C. Bailey State vs David Okes, Peace Warrant State vs William Okes, called and failed. (next entry unreadable) (very hard to read, George Gahagan seems to be qualified as a Justice of the Peace) State vs David Okes, David McCanles, Bedford Wiseman & Isaac Cox. B. J. Smith appointed to fill the vacancy of Tilman Blalock in contracting with some person for the building of the Public Buildings for the County of Yancey in the town of Burnsville. James Carter, William Edwards, Peter Tredway, Thos. Vance and Soloman Ray, who were appointed deputy Sheriffs, appeared in Court and took the necessary oaths. Ordered by the Court that James B. Hensley be appointed Constable for Crabtree Company. He gives for security, Berry Hensley and ---- Ray. Charles Tipton is duly elected Constable for Jacks Creek Company. He gives for security ---- Ray, Jonathan Tipton, Moses Honeycutt and Jackson Stewart. Jeremiah Boon, who was elected Standard Keeper comes into court & gives bond with Samuel C. Wilson and James Anderson. Nathan Anderson who was duly elected Constable for Yancey County, gave for security, Daniel Carter and Willie C. Bailey. ------- McLeur is duly elected Constable for Grapey Creek Company. He gave bond with David Cox, James Washburn, Samuel C. Wilson and William Dixon. (entry almost unreadable) E. H. McLeur presents his inventory for Edward Briggs, deceased. William Blalock, who was appointed Ranger gives bond with Samuel C. Wilson and Thos. Wilson. Ordered that Soloman H. Right, who was appointed Constable for the town of Burnsville be sworn. He gives for security Thomas Vance, John Blalock and Thomas Wilson. Ordered by Court that R. B. Chambers be appointed coroner for the County of Yancey. He gives bond with William Edwards, Zephaniah Horton and Joseph B. Ray, securities. Tuesday the 30th day of Dec. 1834 Present & Presiding: May Jervis, William Dixon and Willie C. Bailey Elizabeth (? possibly Metcalf) vs William Franklin, ---?---- ---?---, George---?---, George Franklin and William Shelton. Ordered by the court that L---- Bailey be bound to Willie C. Bailey, he is now between 7 and 8 years of age, until he is 21 (entry very faint.) Ordered by the court that Polly E. Bailey be bound to Abner Jervis, she is now 12 years of age last June. He is bound to give her 12 months schooling, one cow & calf, one bed & furniture and five good suits of clothes, two of which are to be store suits. Ordered by the court that Willie Bailey be bound to Abner Holcome. He is now about ten years old. He is to give him eighteen months schooling, horse, bridle and saddle worth fifty five dollars, three good suits of clothes, one of which are to be store suits. Ordered by court that Abner Holcome proceed according to law to sell the personal property of his interstate, Nancy Bailey, He was qualified accordingly as Administrator. It is agreed between Wiett Woody and the Court that Greenberry Woody, his grand son to live with him until he obtain to lawful age, being now five years old the 20th day of July next. In the meantime he agrees to give his apprentice eighteen months schooling, when he is between 10 & 12 years old and 12 months from 15 to 20 years old. And when free he gives him one horse, bridle and saddle worth Sixty dollars and three suits of good clothes one of which is to be good broadcloth. Dec. 31st, 1834 Present & Presiding: John Hensley, Willie C. Bailey, William ---?---. Ordered by the court that Soloman H. Rite be appointed Constable for the town of Burnsville. He posted bond with John Blalock, Thos. Vance and Thomas Wilson, security. Pickney Anderson, who was appointed a Justice of the Peace, came into court and was duly sworn. John Anderson vs Resi Jervis Jack? Griffith vs George Byrd The following jury sworn: 1. Nathan Horton 2. William Blalock 3. Jacob Holyfield 4. John Bailey 5. Wm. Collis 6. Thomas Duley 7. Wiett Woody 8. Isam Woodard 9. John Deyton 10. Henry Rowland 11. William Bailey 12. Archibald McMahan Who find in favor of the defendant. Ordered by the court that Jas. McDowell and William Carson have leave to retail Spirituous Liquors at their store on Bare Creek. Ordered by the court that ?. ?. McLane have leave to retail Spirituous Liquors in the town of Burnsville. Jas. Greenlee vs Jacob Phipps and Joseph ----more. Robert Hensley vs John Rice The following Jury Sworn: 1. Nathan Horton 2. William Blalock 3. Jacob Holyfield 4. John Bailey 5. Wm. Collis 6. Thos. B. Duly 7. Wiet Woody 8. Isam Woodard 9. Jno. Deyton 10. Henry Rowland 1. Wm. Bailey 12. Archibald McMahan Jury discharged, mistrial. Malcomb McCurrey vs S. D. Poor Jury Sworn: 1. William a. Hensley 2. Ahigah Wilson 3. Josiah Woody 4. George Byrd 5. Thos. Young 6. Jas. Bailey 7. blank 8. William Silvers 9. George Young 10. Moses Honeycutt 11. Samuel C. Wilson 12. Jno. N. Wilson Non suit set aside, New trial granted. Court adjourned. January 1st, 1835 Present & Presiding: William Dixon, Willie C. Bailey, May Jervis Ordered by court that the sheriff bring into court ---- ----- of Hugh Sawyers deceased that the court might proceed to bind or otherwise provide for ----. Jacob Honeycutt vs Jas. BradBurn David Arrowood vs Resi Jervis Jury: 1. Nathan Horton 2. Wm. Blalock 3. Jacob Holyfield 4. Jno. Bailey 5. Wm. Collis 6. Jas.. Bailey 7. Wiet Woody 8. Ahigah Wilson 9. John Ledford? 10. Arch McMahan 11. George Wilson 12. Jno. Deyton. William Carell vs Moses Honeycutt Jury Sworn: 1. Richard Radford 2. Wm. G. Anderson 3. Jno. Blalock 4. Geo. Byrd 5. Jno. Forbes 6. Jas. Medcalf 7. S. C. Wilson 8. Willie Phillips (9) Eligah Deyton 10. Andrew Banks 11. Jno. M. Wilson 12. Jno Hill In favor of defendant with appeal prayed. William Ramsey vs Jno. Whitson J. H. Blount executor vs A. Holcombe The same vs Peter Tredway Absalum Medcalf vs Richard Radford 1. George Byrd 2. Samuel C. Wilson 3. Jno. Hill 4. Andrew Banks 5. Jesse young 6. Merideth Phillips 7. John Forbes 8. John M. Wilson 9. John Blalock 10. Wm. Proffitt 11. Eligah Deyton 12. Henry Ray In favor of plaintiff Ordered by court that Wiet Woody have leave to obtain a license from the Sheriff to retail Spirituous Liquors in the town of Burnsville. Jan ??? 1835 (page almost unreadable) State vs David Angel AB State Vs John Allen AB Tax laid for 1834 Court drew a jury for June term. Ordered that Matilda Goldsmith be bound to Reubin Keith until she is 18. Ordered that John Goldsmith be bound to Reubin Keith until he is 21. He is to have 12 months schooling, a horse, bridle & saddle worth sixty dollars, three suits of clothes one is to be good broadcloth.