Abstracted from Microfilm # C.107.30001 Yancey County Minute Docket
Court of Pleas and Quarter Sessions June Session 1837
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(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 June 26, 1837

Be it remembered that at a Court of Pleas & Quarter Sessions opened
and held for the State and County aforesaid at the Courthouse in
Burnsville on the last Monday in June 1837. Present and Presiding:
John Hensley,   William Dickson,   Turner C. Proffit

Grand Jurors: 1. William Randolph   2. Henry Norman   3. Clement
Buchanan   4. Moses Evins   5. Shadrack Green   6. David Vance   7.
Jesse Herrel   8. Peter Peterson   9. Thomas Randolph   10. Hiram
Rose   11. Silas Stevens   12. Simeon Burleson   13. Jeremiah Redman
14. John Rector   15. Alfred Hampton   16. Jesse Ray   17. William
Garland   18. James J. McElroy

Burgess S. Gaither, the County Solicister, resigned as such.

Elected for a Select Court for the next two years:  William Dickson,
John Hensley,  Turner C. Proffit.

Court proceeded to the election of a County Solicitor.  William D.
McCullok is elected for the next four years.

Court proceeded to the election of a County Surveyor.  Candidates:
Amos L. Ray,  Thomas Vance,  John M. Wilson.  Amos L. Ray received
the biggest number of votes.  He gave bond in the sum of 4000.00 with
Zephaniah Horton and Abner Jervis security.

An Instrument purporting to be the Last Will and testament of William
McKinny deceased was produced in open Court by David Baker the
Executor therein named and admitted to probate upon the testimony of
Reubin McKiney, one of the subscribing witnesses thereto.

Ordered that John Roberts, Nealey Tweed and John Holcombe be
appointed to settle with Joseph Rice the Administrator of William
Rice deceased and that said administrator be allowed 2 1/2 percent
for his services.

John Woodard and others  vs John Ramsy and others      Petition for a
road Ordered to summons a Jury to lay off a road ----- Walnut
Mountain road from John Keiths down the creek to intersect the old
road near John Woodards.

State  vs Alfred Hampton     Bastardy Defendant appeared in Court and
entered into bond in the sum of 200 pounds with Malcom McCurry
security, void on condition that said child begotten on the body of
Sophia Hughs does not become chargeable to said county.

Ordered by court that Polly Williams the widow of Joseph Williams
deceased be appointed Administrix of said estate.  She entered into
bond of 100.00 with John Hensley security.

William Angel  vs  George W. Boon Judgment be entered against
principal and security, on his bond for plaintiffs debt and cost.

Ordered that the Sheriff bring into court the orphan children of
Samuel Finley deceased in order that the court may bind or otherwise
provide for them.

It is agreed by this court that John Hensley be chairman of this
court.

June 27, 1837 Present and Presiding:  John Hensley,  T. C. Proffit,
William Dickson

On motion of William M. Carson, guardian of Jonathan McPeters, a
lunatic the court has this day proceeded to a settlement with the
guardian and find that he has received the sum of 267.00 from the
effects of said lunatic and has paid out the sum of 277.25.  And find
that the guardian has a claim of 10.25 against said lunatic for which
he has no assets.  The guardian surrenders his trust which is
accepted by the court and is discharged from his liability as such.

On motion the judgment against George W. Boon and his security for
plaintiffs debt and cost be set aside.

Governor to use of S. L. Ray  vs  John N. Deyton and others     Debt
Ephraim Piercy, a witness for the defendant called and failed.
Judgment for the sum of forty pounds.

Ordered that John Hensley, Justice of the Peace,  Samuel Wilson,
George Phillips and Henry Hensley be appointed a committee on the
part of the widow to lay off out of the effects of Joseph P. Williams
deceased to Polly Williams the widow of said deceased, one years
provision necessary for herself and family.

Gutradge Garland  vs  Joel Gouge Jury Sworn:  1. James Ramsey   2.
David Balew   3. Willie C. Arrowood   4. Samuel McKiney   5. Willie
C. Bailey   6. William Franklin   7. Jacob Tipton   8. Jesse Norton
9. William Silver   10. Thomas Austin   11. Robert Austin   12.
Jackson Stewart Jury withdrawn,  mistrial

Ordered that Thomas Wilson, Sheriff be fined 100.00 for omission of
Duty. On motion fine resended.

Samuel Fleming  vs  Archibald McMahan

County Trustee  vs Abner Holcombe and Henry S. Holcombe Show cause
why the allowance of 33.33 each for the annual support of two of the
orphan children of Nancy Bailey deceased should not be set aside.
Order that the allowance be paid when the County Trustee has funds to
do so.

John Griffith  Vs  Samuel Byrd Ordered that the attendance of John
Pate,  David Hampton,  Charles Byrd and Joseph B. Ray at February
Term 1837 be struck from the bill of cost that issued against said
Griffith.

Ordered that William Wilson be allowed 2.00 for his services as a
commissioner in cleaning the river to be paid by the county Trustee
whenever his funds will enable him to do so.

Wednesday,  June 28 1837 Present and Presiding:  John Hensley,  T. C.
Proffit,  William Dickson

Thomas Lloyd  vs  William P. Pain and others      Attachment Ordered
by court that publication for six weeks in the Lincolnton Republican
for William P. Pain and Robert Bradstone to appear before our next
court or judgment will be entered against them.

Barnet Bowman  vs  John Edwards     Trespass Jury finds in favor of
plaintiff,  damage 5.00.

Ordered that Charles Byrd,  Malcom McCurry and Moses Peterson be
appointed to settle with Archibald Bennet the Executor of John Bennet
deceased and that they allow him 5 percent for his services as
Executor.

John M. Clark to use of Thomas Wilson  vs  Archibald McMahan
Defendant called and failed.  Judgment against him and his security.

James Mainey  vs Daniel Angel     Appeal Continued by consent

Court proceeded to bind William Cooper, illegitimate son of Artey
Cooper to Sanders Hughs until he reaches the age of 21 years.  Who is
to provide him one horse, saddle and bridle worth 65.00,  18 months
schooling and three suits of good clothing at his freedom.

Ordered that Jane Finley, orphan daughter of Samuel Finley deceased
be bound to John Ledford until she reaches the age of 18 years.  He
is to give her 6 months schooling,  one wheel & cards,  two suits of
good common clothing and one bed & furniture.

Court adjourned Court Met.  Present and Presiding:  John Hensley,
William Dickson,  T. C. Proffit

Order that John Yancey have a license to retail spirits by the small
measure at his store in Burnsville for one year.

Barnet Bowman  vs  John Edwards     Trespass Order that the defendant
be bound to pay cost of attendance of Jane Deyton,  Malcom McCurry,
Zephaniah McCurry,  Archibald McMahan,  John Hill,  Hiram Ray,
Patsey Phillips, William Phillips and James McCurry.

Anthony Streete  Vs  John Forbes and Solomon H. Write     Appeal

Catherine Runion  vs  Isaac Rice, sen Affidavit filed Ordered that
the plaintiff have leave  to bring and prosecute a suit for the
recovery of property claimed by her and retained by Isaac Rice sen in
previous proceeds.

Ordered that Malcom Horton be allowed 76.00 for services by him
rendered in laying off roads

Isaac Grindstaff  vs  Jesse R. Beaver    Appeal Jury Sworn:  1. James
Ramsey    2. David Ballew   3. Samuel McKiney   4. William Standley
5. Willie C. Bailey   6. William Franklin   7. Gutradge Garland   8.
Jacob Tipton   9. Anthony Streete   10. Jesse Norton   11. Ephraim
Piercy   12. Hiram Ray Who find in favor of defendant and assess his
damages to cost of suit.

Order that Anthony Streete be fined one dollar for irregularity of
Attendance as a juror.

Thomas Gardner  vs  William -----.

John Bradford  vs  Nathan Honeycutt     Appeal Jury finds in favor of
defendant, damages limited to cost of suit.

Matthew Vance  Vs Thomas Wilson     Appeal Jury Sworn:  1. William
Standley   2. Willie C. Arrowood   3. Samuel Austin   4. Thomas
Bryant   5. John M. Ledford   6. James Buchanan   7. Jacob Honeycutt
8. Davis Herrel   9. John Ledford   10. James Herrel   11. John
Bailey   12. Jacob Tipton Who find in favor of the defendant, limit
damages to cost of suit.

Order that the sheriff bring into court the orphan sons of the Widow
Roberson, that the court may bind or otherwise provide for them.

Gray Briggs  vs  Joseph Neal     Appeal Jury finds in favor of
plaintiff,  damages of 13.00 and cost.

State vs Jackson Stewart   AB Defendant submitted, fine 10.00.
Wesley Young confesses judgment for fine and cost.

Order that Reubin Keith oversee the road from the foard of Laurel to
the Tennessee line.

Order that Josiah Wiseman oversee the road from the top of the Blue
Ridge to the foard of the river at David Tates Plantation.

Order that Samuel Honeycutt oversee the road from Samuel Byrds to the
Store? Branch.

Order that Hiram Rose oversee and construct the road from the mouth
of the Pigeon Roost Creek to the foard of the Hollow Popular Creek.
All hands in the Jacks Creek Company are to work under him.

Order that William Hughs oversee and cut out the road from the foard
in the Hollow Popular Creek to the Indian Grave Gap.  All hands in
the Rock Creek Company are to work said road.

Order that James Willis and William Thomas oversee and cut out the
road from the new road near James Howells by Joseph Thomas and to
intersect the new road at the foot of the Bur--t Mountain.  All hands
in Capt. Conleys Company to work under said overseer.

Order that Willie C. Bailey, John Ramsey and Jesse M. Anderson
oversee and cut out the road from the Widow Harris plantation by way
of John Ragles to where May Jervis lived.  All hands in Capt.
Gillispees Company, Capt. Woodards Company and Capt. Dulas Company
are to work under said overseer.

Friday June 30, 1837 Present & Presiding:  John Hensley,   William
Dickson,   T. C. Proffit.

State vs Elizabeth Wilson     AB Defendant submitted, fine 6 1/4
cents.

Governor to use of S. L. Ray  vs John N. Deyton and others

State vs Noah Ledford     Affray Jury finds defendant not guilty.

State vs Canada Tipton    AB Jury Sworn:  1. James Ramsey   2. David
Ballew   3. Samuel McKiney   4. Willie C. Arrowood   5. William
Blalock   6. Willie C. Bailey   7. William Franklin   8. Anthony
Streete   9. Jesse Norton   10. Samuel Austin   11. Daniel Tolly
12. Joel B. Jervis Who find the defendant guilty,  fine 2.00.

State vs James B. Hensley and Jeremiah Boon     Affray Jury Sworn:
1. William Standly   2. Gutradge Garland   3. Jacob Tipton   4. Moses
Pitman   5. Ansel Cook   6. Wm. Peak   7. John Ledford   8. Henry
Roland   9. Andrew Banks   10. Thos. Burleson   11. John M. Wilson
12. William Wilson Who find the defendants guilty.  Fine James B.
Hensely, 2.00.  Fine Jeremiah Boon, 6 1/4 cents.

Jane Phipps  vs J. W. Garland J. W. Garland ordered to pay Jane
Phipps, 20.00,  the last installment issuing from a Case of Bastardy.

State vs John Wheeler and William Harris    Affray Jury Sworn:  1.
William Standley   2. Gutradge Garland   3. Jacob Tipton   4. Moses
Pitman   5. Ansel Cook   6. J. W. Peak   7. John Ledford   8. Henry
Roland   9. Andrew Banks   10. Thos. Burleson   11. John M Wilson
12. William Silvers Who find defendants not guilty and on motion
order that the prosecutor, Thomas Austin pay the cost of this suit.

State  vs  Elisha Cook     P. Larceny Jury withdrawn,  mistrial

Ordered by Court that Joel Boon, infant son of Clarissa Boon be bound
to Jeremiah Boon until he shall attain the age of twenty one years.
Who is to give said apprentice eighteen months schooling and one set
of Blacksmith tools worth sixty dollars.

State vs John Bailey      Nuisance Pleads not guilty.  July finds
defendant guilty, fine 5.00.

Israel Boon vs  John Murrey

The court proceeded to draw a jury to serve at the next Superior
Court 1. Malcom McCurry   2. David Baker, sen.   3. Joseph L. Ray
4. Jacob Slagle   5. John McElroy   6. James ---------   7. Joseph
Forgeson   8. William Burleson   9. John Peek   17. Charles Byrd
10. Samuel Branch   11. Josiah Pyette   12. Laurence Holcombe   13.
George E. Wilson   14. Saml. C. Wilson   15. Thos. Howell   16. Hiram
M. Peak   18. Abraham Masters   19. Isaac Brigman   20. Arthur
Buchanan   21. George Wilson, sen.   22. Wm. Bradshaw   23. William
Tipton   24. B. J. Smith   25. Edward Bailey   26. Edward Wilson
27. Thos Baker   28. Ephraim Piercy   29. Jas. Buchanan   30. Levi
Chandler   31. Jacob Holefield   32. Willi Carpenter   33. Wm.
Crawford   34. Wm. Davis, sen.   35. Wm. Deyton   36. Edward Woody.

The following is a list of delinquent taxables, returned by Wm.
Edwards a deputy Sheriff for said county, purporting to have -----
and to be Insolvent, to wit: Eligah Deyton   Insolvent William Hughs
jr        Insolvent John Hughs      gone John Miler      Insolvent
Andrew Miler    Insolvent Abraham Master  Insolvent John N. Deyton
gone Thos. Miler     Insolvent Wesley Phillips gone Charles Tipton
gone ---- Wilson     Insolvent William Streete Insolvent David
Streete   Insolvent Nimrod Streete  Insolvent Enock Ward James
Whitson   Insolvent Jas. Yelton     Insolvent John Edwards
Insolvent John Carrel

The following is a list of delinquent taxables returned by Thos
Wilson, sheriff for the year 1836 purporting to be Insolvents and to
have removed out of the limits of this county, to wit: John Allen
Insolvent Joseph Anderson         Insolvent Robt. Chambers
gone Austin Honeycutt                gone Robt. Hensley
Insolvent John Proffit            gone Thos Wilson
Insolvent Beauford Branch         Insolvent ------- Branch
Insolvent Robert Wilson           gone Hector McNeal
Insolvent Josiah Mace             Insolvent Malcom McNeal
Insolvent George W. Boon          Insolvent J. B. Hensley
Insolvent -. -. Ray                       Insolvent Wm. Tate
Insolvent Thos. Boon              Insolvent

List of delinquent taxables returned by James Carter deputy Sheriff
for said county for the year 1836 Stephen Ballew          Insolvent
James Hensley           Insolvent John Jonson             removed
Beverly Stanton         removed Jeremiah Bradley
removed

(special session) August 12, 1837 Present & Presiding:  Joseph B.
Ray,  Malcom McCurry, and ------  -------

Ordered that Joseph B. Ray, Edward Wilson and Nathan Horton be
appointed to take in the list of Taxable property in the bounds of
Caney River Company for the year 1837.