Yancey County Minute Docket Court of Pleas and Quarter Sessions February Session 1838 ********************************************************************* File contributed for use in the USGenWeb Archives by: Sandra 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. Persons or organizations desiring to use this material for purposes other than as stated above, must contact the submitter or the listed USGenWeb archivist. 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 1838 (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 The first Monday in February, 1838, It being the fifth day of said month. Present & Presiding: Turner C. Proffit, John Hensley and Charles Byrd Sheriff Thomas Wilson called court The following to serve as Jurors at this term 1. James Wise 2. John Baley 3. William Davis 4. William Collis 5. James Evans 6. John George (excused) 77. Robert Patterson 8. Henry Woody 9. John Ragles 10. George D. Wilson 11. Jesse Radford 12. Alexander Wiseman 13. Joseph Ried (excused) 14. Charles Hill 15. Charles McKinney 16. Allen Sparks 17. Philip Washburn 18. Jeremiah Redman 19. William Phillips 20. Love Clark 21. Jno. W. Peak 22. Dobson Deyton 23. John Staunton 24. William Hughes 25. Andrew Banks 26. Morgan Lipps 27. John Buchanan 28. Benjamin Riddle 29. Moses J. Honeycutt 30. John Bever 21. Lewis Cook 32. William Gouge 33. Thomas Randolph 34. William T. Buchanan 35. Green B. Silvers 36. Abram Masters The following was chosen to serve a Grand Jury 1. John Bever 2. Morgan Lipps 3. Thomas Randolph 4. George D. Wilson 5. William Gouge 6. Green B. Silver 7. Jas. Evans 8. Andrew Banks 9. Jno. Buchanan 10. J. W. Peak, foreman 11. Love Clark 12. William Collis 13. John Ragle 14. Lewis Cook 15. John Baley 16. Henry Woody 17. Benjamin Riddle Flemming Vance sworn to attend on the Grand Jury. The following are the travis Jury 1. William Davis 2. Moses J. Honeycutt 3. Jesse Radford 4. Charles Hill 5. Allen Sparks 6. Jeremiah Redman 7. Wm. T. Buchanan 8. Philip Washburn 9. James Wise 10. Robt. Patterson 11. Alexander Wiseman 12. William Phillips 13. Dobson Deyton 14. William Hughes On motion John Edwards to whom Fair Elendor Holland was heretofore bound came into court and was regularly discharged from all liabilities as such and gave up to court his apprenticeship. Ordered that Wiatt Woody have license to retail Spirituous Liquors in the town of Burnsville for one year. The following Justices being present: Turner C. Proffit, James Howell, John Hensley, Thos. Howell Jacob Slagle, Charles Byrd, William Dixon, J. W. Write, Wiley Typton, John Roberts, William Deyton, Thomas Lloyd, Joseph Shepherd, Joseph Pitman, J. C. Wilson, William Buchanan, John Edwards, Nathan Honeycutt, Malcolm McCurry The court proceeded to elect a County Trustee. Candidates: James Ray, James Ruble and Z. Horton jr. James Ray was duly elected County Trustee for the year 1838. Court proceeded to elect a Select Court for the next year. William Dixon, Malcolm McCurry and Turner C. Proffit Court proceeded to lay a tax for the year 1837 to be collected in 1838. A state tax of twenty cents on each poll and on each three hundred dollars value of land. For public building, fifty cents on each poll and on each three hundred dollars value of land Poor tax, seventeen cents. Wolf tax, four cents. Other purposes, thirty six cents. The Justices proceeded to elect a Constable for the Town of Burnsville. Solomon H. Write and Joseph Ray Candidates. Solomon H. Write was elected. Ordered that the road from Simeon Burlesons up Cane Creek to David Bakers be disannuled and set aside Tuesday, February 6, 1838 Present & Presiding: William Dixon, Turner C. Proffit and Malcolm McCurry Ordered that a jury of 12 men be summonsed to examine into the state of Aaron Honeycutts mind and report to the court. Gutridge Garland vs Joel Gouge Frederic Burleson, witness for plaintiff called and failed. Judgment nici for 50.00 Abner Jervis vs John Carter Debt Jury: 1. William Davis 2. Moses J. Honeycutt 3. Charles Hill 4. Allen Sparks 5. Jeremiah Redman 6. Wm. T. Buchanan 7. Wm. Hughes 8. Philip Washburn 9. James Wise 10. Alexander Wiseman 11. William Phillips 12. Dobson Deyton Who find for the plaintiff in sum of 77.90 Daniel Angel vs Enoch Harrol Appeal Jury: 1. Wm. Blalock 2. Wade Hampton 3. John Rowland 4. William Garland 5. George Byrd 6. Tilmon Blalock 7. Jno. Ledford 8. George Young 9. George Young (Yes, he is listed twice) 10. James Wilson 11. Adam Hoppis 12. William Byrd Who find in favor of the defendant John Lige? vs Anthony Street Appeal Same jury, who find in favor of defendant. State vs John Haney AB Defendant submitted, fined fifty cents. Wm. R. Brown and James Bergan confess judgment for cost Jane Deyton by her next friend Eldridge Deyton vs Jacob Typton Jury: 1. James Buchanan 2. Jas. Ray 3. Jno. M. Wilson 4. William Standly 5. Alfred Briggs 6. Jesse Baley 7. Joseph Allen 8. John Wilson 9. George E. Wilson 10. Sampson Honeycutt 11. Wesley Phillips 12. Josiah Woody Who find in favor of plaintiff, damages of 50.00 Thomas Deyton vs John Woody Leave granted to amend the writ so as to declare in trespass on the case John Carroll vs William Deyton Appeal Jury: 1. William Davis 2. Moses J. Honeycutt 3. Charles Hill 4. Allen Sparks 5. (blank) 6. Jeremiah Redman 7. Wm. T. Buchanan 8. William Hughes 9. Philip Washburn 10. Alexander Wiseman 11. James Wise 12. Thomas Briggs Who find in favor of plaintiff, damages 2.50 Wednesday February 7, 1838 Present and Presiding: William Dixon, T. C. Proffit and M. McCurry Samuel Byrd vs Joseph L. Ray and others Continued Jeremiah Redmond vs Daniel Angel Jury: 1. Moses Evans 2. Wm. Davis 3. Allen Sparks 4. James Wise 5. Moses J. Honeycutt 6. Charles Hill 7. William Hughes 8. Wm. T. Buchanan 9. Alexander Wiseman 10. William Phillips 11. Dobson Deyton 12. Philip Washburn Plaintiff nonsuited John M. Wilson vs Jackson Stewart Appeal Same Jury, who find in favor of plaintiff, damages of 75.00. Appeal prayed and granted. Ordered that Abner Jervis, John G. Phillips and Joseph G. Wise be appointed commissioners to survey, ascertain and mark the line between the counties of Burke and Yancey where it is not already marked. Ordered that Israel Robertson and Gilbert Conner Robertson, minor heirs of Hannah and George Robertson deceased by bound to Samuel Byrd until they arrive to the age of 21 years. Israel will be 11 years old in June next. Gilbert Conner will be 8 years old likewise in June next. Said Byrd is to give each of said minors two years schooling. He is to give each boy a horse, saddle and bridle worth 75.00, four suits of good wearing apparel, one of which is to be the coat of common broadcloth the remaining part of that suit to correspond with the coat. Ordered that a jury view and mark out a road from the town of Bakersville by the way of the Pine Swamp to J. D. Barrets sawmill and by way of Alers Creek Thursday February 8, 1838 Present and Presiding: Turner c. Proffit, M. McCurry and J. W. Write Ordered that John Griffith be appointed guardian for Elhannon Griffith, Serena Griffith, Sullence Griffith and Posey Griffith minor heirs and representations of George Byrd deceased. Said Griffith entered into bond of 100.00 with William A. Hensley and Daniel Angel as securities. Daniel Carter and John George to whom special letters of administration had heretofore issued on the perishable property of James Ginnings returned an inventory and account of sales. Ordered that general letters of administration be issued on said estate and entered into bond in the sum of 800.00 with B. J. Smith and Thomas M. Ray securities. Ordered that Abner Jervis, Thos. B. Dula and Joshua ------ be appointed a committee to settle with D. Carter and John George, late guardians of James Ginnings deceased. Goodson McDaniel vs James Evans Appeal Jury finds in favor of plaintiff, damages 1.50. Appeal prayed and granted State vs Micajah Blankenship AB Defendant submitted, fined 1.00 John Bailey vs John Ledford Jury: 1. Adam Hoppis 2. William Blalock 3. Jas. T. Buchanan 4. Jno. McIntosh 5. Frederic Slagle 6. Gray Briggs 7. William Bailey 8. Jas. Buchanan 9. Davis Harrol 10. William Harrel 11. John Adkins 12. Aron Write Who find in favor of plaintiff, damages of 45.00 Ordered that Hector McNeal be allowed the sum of 2.85 for services rendered as an officer on behalf of the state. Samuel Byrd vs John Griffith Appeal Jury finds in favor of defendant, limit damages to cost of suit. John Yancey vs Edmond McMahan Land Levy Ordered that execution issue for the balance of the debt. State vs Elisha Cook P.L. Jury finds defendant not guilty Friday February 9, 1838 Jane Deyton by her next friend Eldridge Deyton vs Jacob Tipton Rule on plaintiff to show cause why a new trial should not be granted and the verdict set aside or nonsuite entered. By consent this rule is continued to June Term to be argued and determined and in the mean time the case stands in Status quo. Davis Harrell vs John Street State vs S. H. Write AB Jury finds defendant guilty, fined 6 1/4 cents A. Hoppis vs Austin and others Rule on the plaintiff to file prosecution bond by June next or case be dismissed State vs Henry Holcombe and others Affray Jury: 1. William Blalock 2. Gray Briggs 3. Wm. T. Buchanan 4. Kimble McHone 5. Adam Hoppis 6. George Byrd 7. Henry Rowland 8. John Adkins 9. James Buchanan 10. J. D. Barnet 11. A. C. Collison 12. Wesley Young Who find the defendants Holcombe and Lewis not guilty. State vs William Hensley Bastardy William Hensley called and failed. Bond forfeited. State vs Davis Harrel AB Jury find defendant not guilty State vs George W. Boon and William Ferguson Affray Jury finds George W. Boon guilty. Find William Ferguson not guilty. State vs Jackson Stewart and Hosea Thomas AB Jury finds both defendants guilty, fine 50 cents. Ordered that the tax fee in the case of Israel Boon against J. N. Murray which has been paid over by the clerk to the County Trustee be refunded. State vs William Robertson and Elie Hensley Hensley submitted, fine 1.00. William A. Hensley confesses judgment for Elie Hensleys fine and cost. Jury finds William Robertson not guilty. State vs Jacob Honeycutt Ordered that Joseph Ray the prosecutor pay all cost in this case State of North Carolina to use of Jno. Yancey vs James A. Ruble Saturday, February 10, 1838 Present & Presiding: T. C. Proffit, M. McCoury, Joseph Shepherd and J. L. Ray Ordered that A. L. Ray be allowed 5.00 for services in taking in a list of taxables. Thomas Gardner gives in his ear mark to wit: A smooth crop off the left ear with a slit in it and a hole in the right ear. Ordered that Joseph Shepherd be allowed to retain 91.00 for his services in collecting & paying over the amount by him as settled with William J. Lewis as heretofore ordered. Order that William Dixon be appointed to go to Morganton and bring back to Burnsville the revised statutes of NC and he be allowed a reasonable allowance for his services. Court proceeded to draw a jury for the next term of Superior Court 1. Harmon Coxe 2. David Coxe 3. Wilburn Wilson 4. Jas. Wilson sr. 5. Azure Bradshaw 6. Elijah Green 7. Seth Young 8. William Baley, sr. 9. William Arrington 10. John Wilson jr. 11. Arther Buchanan 12. Tilmon Blalock 12. Lawrence Holcombe 14. Jas. Gray? 15. Jno. Burleson 16. Daniel English 17. Zephaniah Horton 18. Joseph Allen 19. Thos. C. Wilson 20. Jas. L. Ray 21. Peter Peterson 22. Hiram Rose 23. John Shelton 24. Abner Holcombe 25. John Edwards 26. Jesse Harrel 27. Sampson Honeycutt 28. Jos. Thomas, jr. 29. John Ledford 30. David Shelton 31. James Wilson 32. David Robertson 33. John Crawford 34. William Wilson 35. William Deyton 36. Charles Byrd.