Abstracted from Microfilm # C.107.30001 Yancey County Minute Docket Court of Pleas and Quarter Sessions February Session 1836 ************************************************************************ 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 February Session 1836 (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 North Carolina Yancey County February Session 1836 Be it remembered and perfectly understood that at a court of pleas & quarters sessions opened in and for the county aforesaid at the Courthouse in Burnsville on the first Monday in February 1836 it being the first day of said month. Present and Presiding the worshipful: John Hensley, Willie C. Bailey, S. D. Poer Court called by Thomas Wilson Sheriff Names drawn to serve as Jurors at this term: 1. Thomas Gardner 2. George Byrd 3. Lewis Bryant 4. Jas. Evins 5. George Stanton 6. William Arrington 7. Jno. Ledford 8. Bedford Wiseman 9. John Davis 10. Jas. Medcalf 11. Michael Snider 12. Arthur Erwin 13. William T. Buchanan 14. Azar Bradshaw 15. William Lorance 16. Jacob Medcalf 17. Elephalet Jervis 18. Elisha Honeycutt 19. John George 20. William Young 21. Samuel Austin 22. Joseph Bowman 23. Allen Sparkes 24. Harris Pitman 25. William Bailey 26. Jesse Radford 17. John Thomas 28. Right Hutchins 29. George Buchanan 30. Reubin McKiney 31. Charles Hensley 32. David Ballew 33. Samuel Calloway 34. William Wilson 35. Isaac Grindstaff 36. Love Clark The following excused for reasons shown to the court: Lewis Bryant, John George, Joseph Bowman, Harris Pitman, John Thomas, Reubin McKiney >From which the following were drawn to serve as Grand Jurors: 1. Thomas Gardner, foreman 2. William Bailey, 3. William Young 4. William Lorance 5. William Arrington 6. Samuel Austin 7. John Ledford 8. Jas. Evins 9. Love Clark 10. Charles Hensley 11. Wright Hutchins 12. Wm. Wilson 13. Geo. Buchanan 14. Jas. Medcalf 15. Wm. T. Buchanan 16. Isaac Grindstaff. #17&18 are blank. Traverse Jurors: Saml. Calloway, Elephalet Jervis, Jno. Davis, Arthur Erwin, Allen Sparkes, Azar Bradshaw, others excused. On motion of Wm. Woodfin, ordered by court that Ephraim Clayton be allowed the sum of twenty dollars for the use of the unfinished Courthouse this week. William B. Roberts vs Daniel ------- John Roberts vs J. Redman Land Levy Judgment of condemnation and order to sell is issued. Elsberry Holcombe vs May Jervis. Joseph Ray vs William Ledford David McCanles vs William Ledford Carie W. Nelson vs John McLean and Joseph -----. Daniel Angel was appointed Constable for Caney River Company. He gives for security, William A. Hensley and John Hensley in bond of 4000.00 Jonathan Rite makes his return of ----- tax list for Rock Creek Company for 1835. Joseph Bowman returns his road order and ordered by court that Reubin Bowman oversee said road. J. P. Young the Administrator of Strawbridge Young, deceased returned an inventory. John Roberts makes his return of his tax list for 1835. It appearing to the court that Levy Bailey, the guardian of the minor heirs of Allen and Nancy Bailey, deceased wishes to surrender his guardianship. Ordered by the court that Willie C. Bailey be approved Guardian of said minor heirs. Ordered by Court that Fair Elendor Holland be bound to John Edwards until she comes to the age of 18 years, who is now about seven years of age in August next. Said Edwards is to give her 18 months schooling, one common bed and furniture, 3 good dresses, 2 of which are to be store dresses and one wheel and cards. The court proceeded to lay the tax of 1835 to be collected in the year 1836 (viz) a county tax of forty cents on each poll and thirteen cents on every hundred dollars value of land. A poor tax of fifteen cents on each poll and five cents on each hundred dollars value. A public building tax of twenty three cents on each poll and eight cents per hundred dollars value. A wolf tax of 2 cents on each poll (rest of entry unreadable). Ordered that Matilda & Joice Bailey be bound to Henry Holcombe until they come to the age of eighteen years. Said Holcombe is to give them fourteen months schooling, one common bed and furniture, three suits of good nice store clothing, one wheel and cards. Jeremiah Furgason vs David Arrowood Tuesday Feb. 2, 1836 Present & Presiding: John Hensley, William Dixon, Willie C. Bailey. James M. Greenlee vs William Beaver Ordered by Court that Abner Holcome and Henry Holcombe be allowed the sum of thirty three dollars per year until they come to the age of three years for each of the following children: George Washington and Jackson Bailey, the minor heirs of Nancy Bailey, deceased. Jacob Slagle and Joseph P. Williams appointed Justices of the Peace. Richard Radford vs A. Jervis Court proceeded to the election of County Trustee. Candidates: James Ray and Zephaniah Horton. James Ray elected. Court proceed to elect commissioners to lay off road from the town of Burnsville to the Tennessee line. Malcome Horton, William Dixon and John Hensley elected. Court proceeded to the election of a Constable for Rock Creek company. William Herrel and Solomon H. Right candidates. Solomon H. Right elected. Court proceeded to the election of a Constable for Jacks Creek Company. Joseph Tucker and Ezekiel Honeycutt candidates. Ezekiel Honeycutt elected. Court proceeded to the election of a Constable for Crabtree Company. Jeremiah Boon and Jas. Hensley Candidates. Jas. Hensley elected. Court proceeded to the election of a Constable for Grapey Creek Company. Hector McNeal only Candidate. Levi Jervis appointed Constable for Ivy Company. James Buchanan appointed Constable for Cane Creek Company Wednesday Feb. 3, 1836 Robert Hensley vs John Rice Following Jury called: 1. Samuel Calloway 2. Elephalet Jervis 3. John Davis 4. Arthur Erwin 5. Allen Sparks 6. Azar Bradshaw 7. Wesley Young 8. Jno. Deyton 9. Samuel Byrd 10. Jacob Honeycutt 11. William Tipton 12. Jas. Ray William Bradley, Absalum Medcalf, Lewis Hensley, Samuel Hensley, witnesses in the above suit were called & failed. Judgment nice for the sum of 20.00 each. Thomas B. Loyd vs William Bailey and William Bailey Jury Sworn: 1. Samuel Calloway 2. Elephalet Jervis 3. John Davis 4. Arthur Erwin 5. Allen Sparks 6. Azar Bradshaw 7. Wesley Young 8. Jno. Deyton 9. Samuel Byrd 10. Jacob Honeycutt 11. Willie Tipton 12. Jas. Ray Jury withdrawn, mistrial State vs John Roberts Adultery Defendant submitted. Fine six cents. Strawbridge Youngs Administrator vs Malcom Horton Jury Sworn: 1. Eldridge Deyton 2. Dobson Deyton 3. Joseph Read 4. Alfred Hampton 5. Thos. Deyton 6. William Silvers 7. Nathan Anderson 8. Jas. Buchanan 9. Peter Honeycutt 10. John Bailey 11. Greenberry Silvers 12. Jas. Higgins Who find all issues in favor of Plaintiff. Damages sixty dollars and interest. Appeal prayed and granted. Ordered by court that Thomas Sawyers minor heir of Hugh Sawyers deceased be bound to Samuel Wilson until he reach the age of 21. Who is to give him two years schooling and is to give him a horse, bridle & saddle worth eighty dollars, three suits of good clothing one of which is to be good broadcloth. Reubin Keith vs William D. Arrowood Jury Called: 1. Willie Tipton 2. Allen Sparkes 3. Thomas Ray 4. Aza Bradshaw 5. Arthur Erwin 6. John Davis 7. Samuel Calloway 8. George Byrd 9. Green Berry Silvers 10. John Edwards 11. Jas. Wilson 12. Jas. Ray Plaintiff nonsuited agreeable to the opinion of the court. Appeal prayed and granted. Thursday February 4th 1836 Present and Presiding: John Hensley, Willie C. Bailey, William Dixon Court appointed John Hensley, Willie C. Bailey and Turner C. Proffitt to settle with E. H. McCluer, administrator of Edward Briggs, deceased. Issue to the sheriff of this county an order to grant a license to Thomas C. Bradshaw to peddle in the County of Yancey for one year. Order to issue a license to William M. Carson to retail Spirituous Liquors at his store on Bear Creek. Simion Chandler vs William A. Hensley, Administrator of Nancy Read, deceased. William Rice, a witness in suit, called and failed. William W.? Erwin and ----- ----- to use of A. L. Erwin vs Strawbridge Youngs Administrator. Jury Sworn: 1. Samuel Calloway 2. Elephalet Jervis 3. Arthur Erwin 4. Allen Sparkes 5. John Davis 6. Azar Bradshaw 7. John Deyton 8. Jno. Edwards 9. William Hensley 10. Jacob Hensley 11. Moses Evins 12. Dobson Deyton Who find in favor of the plaintiff, damages of 82.60. William Wardroupe vs William B. Anderson Plaintiff called and failed . Nonsuite Eldridge Deyton vs Jacob Deyton Plaintiff moved to amend writ. Thomas & Patton to use of Wesley Young vs Strawbridge Youngs Administrator Jury sworn: 1. Samuel Calloway 2. John Davis 3. Elephalet Jervis 4. Arthur Erwin 5. Allen Sparks 6. Azar Bradshaw 7. John Deyton 8. John Edwards 9. William Standly 10. Jacob B. Honeycutt 11. Moses Evins 12. Dobson Deyton Who find in favor of plaintiff to amount of 71.00 Jas. Greenlee, Merit Burgin and others to use of Wesley Young vs Strawbridge Youngs Administrator Jury sworn: 1. Samuel Calloway 2. John Davis 3. Arthur Erwin 4. Allen Sparkes 5. Elephalet Jervis 6. Azar Bradshaw 7. John Deyton 8. John Edwards 9. William Standly 10. Jacob Honeycutt 11. Moses Evins 12. Dobson Deyton Who find in favor of Plaintiff in amount of 63.98. William W. Erwin vs Strawbridge Youngs Administrator (same Jury) Who find in favor of Plaintiff for 39.00 Eldridge Deyton vs Jacob Tipton Jonathan Anderson who was elected Constable of little Ivy Company gave bond and qualified. Ordered that William A. Hensley, Administrator of Nancy Read deceased be allowed the sum of 5 percent of all receipts from the estate. Joshua Young vs Strawbridge Youngs administrator Jury finds there has been a breach in the covenant. award damages of 123.60. Joseph Letterman vs Jno. E. Peterson Jury finds in favor of plaintiff in sum of 30.00. State vs George Rowland Jury Sworn: 1. Samuel Calloway(marked through and Wilson written in) 2. Edward Woody 3. Phagan Young 4. Jas. Buchanan 5. Eligah Green 6. Archibald McMahan 7. Jonah Young 8. John Bailey 9. Peter Tredaway 10. William Silvers 11. Greenberry Silvers 12. Willie Tipton Who find the defendant not guilty. Friday, February 5, 1836 Present and Presiding: John Hensley, William Dixon, Willie C. Bailey State vs Daniel Angel Pleads not guilty Jury Sworn: 1. Samuel Calloway 2. John Davis 3. Arthur Erwin 4. Allen Sparks 5. Elephalet Jervis 6. Azar Bradshaw 7. William Bailey 8. Jeremiah Boon 9. Laronce Halcombe 10. Joseph Read 11. Andrew Banks 12. William Standly Who find the defendant guilty State vs J. W. Cox and Solomon H. Wright Jury Sworn: 1. Robert P. Tredway 2. Archibald McMahan 3. Thomas Ray 4. Calvin Edney 5. Thomas Young 6. Willie Arrowood 7. Hiram Ray 8. James Buchanan 9. Henry Ray 10. John Edwards 11. John Woody 12. John Edwards Who find the defendants guilty. Fine 5.00 each. State vs J. W. Cox Pleads not guilty Jury finds defendant guilty, Fine 1.00. William Dixon resigns his office as Treasure of Public Buildings. State vs Jas. Ray AB Pleads not guilty Jury finds not guilty. State vs Thomas Barreat AB Jury finds defendant guilty. Fine 5.00 and to stand in the stocks for one half hour. William B. Roberts vs D. S. McLean Saturday, February 6, 1836 Present and Presiding: John Hensley, William Dixon, Joseph L. Ray Ordered that John G. Phillips and Alexander Wiseman oversee the road from the Yellow Mountain Road near Alexander Wisemans to the Iron Mountain Road near Adam Hopises. All hands in the Grapey Creek Company work under them. Court proceed to draw a Jury to serve at the next Superior Court, to wit: 1. William D. Arrowood 2. William Wilson 3. Jacob Bowman 4. John Burleson 5. Charles Bailey 6. Jos. Thomas 7. Jas. Wilson 8. William Collis 9. John Stanton, sen. 10. Wm. Gouge 11. Henry Rowland 12. Jas. Tweede 13. Wm. A. Peak 14. Joshua Young 15. Jas. Read 16. Kimble McHone 17. Stephen Griffy 18. Jesse Rice 19. George D. Wilson 20. Lewis Cook 21. Robert Ponder 22. Wilson McKiney 23. John Buchannon 24. Stephen McMahan 25. John Wilson 26. Greenberry Silvers 27. David Robeson 28. Joseph Green 29. Joel Gouge 30. Henry Woody 31. George Stanton, jr. 32. Lewis Vance 33. (skipped) 34. David Willis 35. Thomas Wilson 36. John Ramsey Thomas Burleson Thomas ? Ray was sworn as Deputy Sheriff Order that John Radford oversee the road from Ivy Gap by way of John Rices to the forks of the road on Little Ivy. Order that Robert Chambers oversee the road from the foard of Caney River at Henry Rowlands to where Blake Piercy ----- lived. All hands that worked under Backus J. Smith and Edward Wilson and Calvin Edney are to work on said road.