Botetourt County Virginia USGenWeb Archives Court.....Minutes, County Court February 1773 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/va/vafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Joy Fisher sdgenweb@yahoo.com April 2, 2007, 12:43 am Source: Annals Of S W Virginia Written: February 1773 At a court held for Botetourt County the eighth day of February, 1773. Present. John Bowyer, John Bowman, George Skillern and William McKee Gentlemen. An instrument of writing was presented in court as & for the last will & testament of William Hall, decd., by Andrew Hall and George Berry, the Executors therein named, and proved by the oaths of John Thompson and Andw. McKinley, witnesses thereto, and ordered to be recorded. And on the motion of the said Executors, who made oath according to law, certificate is granted them for obtaining a probate thereof in due form, they having first entered into and acknd. bond with Luke Bowyor and James Hall, their securities, in ____, conditioned as the law directs. Ordered that Edmund Marshall serve John McClure, his master ___ after the term of his present indenture to reimburse him for his trouble and loss of time when run away. Ord. that John Preston, junior, James Arnett, John Ward and Gabriel Holms, or any three of them, being first sworn, do view the nighest and best way from Peteat's Gap to Thomas Paxton's Mill and make report thereof to the court. Ord. that John Paxton, Joseph Walker, junior, Joseph Walker, senior, and Samuel Todd, or any three of them, being first sworn, do appraise the slaves, if any, and personal estate of William Hall, deceased, and return an account thereof to the court. Ordered that John Bowman, James McKeachey, Francis McElheny and John McAdow, or any three of them, being first sworn, do view the way from Joseph Davis to John Mason's old place and make report thereof to the court. An instrument of writing purporting to be the last will & testament of Haney Larkin, deceased, by Janet & John Larkin, the Executors therein named, and proved by the oaths of William Taylor and Alexander Baggs, two of the witnesses therein named, and ordered to be recorded. And on the motion of the said Executors, who made oath accdg. to law, certificate is granted them for obtaining a probate thereof in due form, they having first entered into and acknd. bond with Nathal. Evans and John Dailey, their securities, in _____, conditioned as the law directs. This court doth appoint Zophoe Carpenter Surveyor of the Road, in the room of William Wooley, who is dischd. from that office. Ord. that the road from Craig's Creek cross the mountain to Sinking Creek be established and that Robert McAfee with the tithables within five miles on each side of the said road do open and keep the same in repair. On the motion of William Campbell, ordered that a licence be granted him to keep an ordinary at his house in this County for one year. Whereupon he together with Archibald Campbell and James Ritchey, his securities, entered into and acknd. bond conditioned as the law directs. An instrument of writing purporting to be the last will and testament of William Tosh, deceased, was presented in court by John Bowman, Jonathan Tosh and James Alexander, the Executors therein named, and proved by the oaths of Robert McElheny and Jas. McKeachey, witnesses, and ordered to be recorded. And on the motion of the said John Bowman, Jonathan Tosh and James Alexander, who made oath acedg. to law, certificate is granted them for obtaining a probate thereof in due form. Whereupon they together with William Preston, Jas. Davies and Joseph Davies, their securities, entered into bond in ____ pounds, conditioned as the law directs. Luke Bowyer Plff. ) agst. in Case ) Arthur Campbell Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: Thomas Bullit, James Buford, Samuel Robinson, Samuel Brown, Alexander Robertson, Robert McClenachan, James Smith, Audley Paul, Andrew Boyd, Bowen Price, James Newell, junr., and George Berry, who retd. a verdt. in favor of the plff. for twenty five pounds, besides his costs. Judgt. accdgly., from which judgt. the deft, prayed an appeal to the tenth day of the next General Court, which is granted him upon his giving bond and security according to law. Whereupon the said deft. with William Christian and David Robinson, his securities, entered into and acknd. their bond in the sum of one hundred pounds, conditioned as the law directs, for the said defendant's prosecuting the appeal aforesaid. Memorandum: After swearing the jury and hearing the witnesses examined in this cause, the defendant moved the court by his attorney to direct the jury to bring in their verdict for the defendant, alledging that the words in the declaration mentioned were not proven, the witnesses to prove the words swearing that the defendant told him he was informed by a creditable gentleman that the plaintiff either took, or that Hugh Bareley lost a half qoe out of his desk, and that the said Bareley went to Augusta Couro and taxed him the said plaintiff with it in a Publick Company, and threatened to prosecute him for it, and that the said plaintiff took the said Bareley into a room privately and when he came out appeared to be satisfied. After which motion the court ordered the Sheriff to take the jury out, being of opinion the words were in effect proven, to which opinion the defendant by his attorney excepted and prayed that the benefit of his exceptions might be saved to him according to the statute in that case made and provided, and that the court would sign & seal the same this eighth day of February, one thousand seven hundred and seventy three, which were signed by John Maxwell, George Skillern, Wm. McKee and Matthew Arbuckle, Gentlemen. Ordered that this court be adjourned till tomorrow morning, six o'clock. The minutes of these proceedings were signed by John Maxwell At a court continued & held for Botetourt County the 9th day of February, 1773 Present. Andrew Woods, George Skillem, John Bowman & Matthew Arbuckle, Gentlemen. Elizabeth Collier, servant to James Green, with the consent of the court, agrees to serve her said Master one year over and above the term of her present indenture, provided he shall employ her as a house servant. This court doth appoint Edward Green Constable in the room of James Peary, who is dischd. from that office. Ordered that Susanna Brazier serve Archibald Kyle, her Master, twelve months over & above the term of her present indenture for having a bastard child. An instrument of writing was presented in court as & for the last will & testament of John McNeill, deceased, by Daniel McNeill _____, the Executors therein named, and proved by the oaths of_____, witnesses, and ordered to be recorded. And on the motion of the said Executors, who made oath according to law, certificate is granted them for obtaining a probate thereof in due form. Whereupon they, together with _____, their securities, entered into & acknowledged bond in one thousand pounds, conditioned as the law directs. Ord. that the church wardens of Botetourt Parish bind out Moses Hanley, a bastard child of Elizabeth Hanley, to John Hanley, according to law. Ord. that John Brown, orphan of John Brown, deceased, be bound by the church wardens to Saml. McClenachan accdg. to law. Ord. that Samuel Lewis, Robert Poage, John Bowman and Joseph Davis, being first sworn, do lay off and allot to Mary McNeill, her dower in the lands of John McNeill, her husband, deceased. Ord. that the church wardens bind out an orphan child of Catherine ____ to John Handy accdg. to law. Ord. that this court be adjd. till tomorrow morning, seven of the clock. The minutes of these proceedings were signed. Jas. Trimble At a court held for Botetourt County the 10th day of February, 1773. Present: John Maxwell, Jas. Trimble, Jas. Robinson, Francis Smith and Matthew Arbuckle, Gent. Arthur Campbell Plff. ) agst. ) In Ejectment Abraham Stailey Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: David McGee, Abraham Chrisman, Wm. Kavinaugh, John Taylor, John Smallwood, James Smith, Jas. McAfee, Wm. Campbell, John Reyburne, John Neelly, Jacob Salmons & Wm. Robinson, who returned a verdict in favor of the plff. for nine pounds, besides his costs. Judgt. accdgly. Thomas Bullett produced a commission appointed him Surveyor of a District on the Ohio. Whereupon he entered into «fr acknd. bond with John Bowman and Michael Bowyer, his security, in the penalty of five hundred pounds, conditioned as the law directs. Whereupon he took the usual oaths to his Majesty's person and Government, repeated & subscribed the test, and also took the oath of Surveyor. Francis Smith took the same oaths &c. as next above, & also took the oath of a Deputy Sheriff in this County, and Daniel Trigg is discontd. from the said office. On the motion of William Crow, a licence is granted him to keep an ordinary at his house in this County. Whereupon ho with Wm. Preston, his security, entd. into & acknd. bond conditioned as the law directs. John Coats Plff. ) agst. ) In Case John Reyburn Deft ) This day came the plff. by his attorney and a jury was sworn to enquire of damages, towit: Robert Allen, Wm. Emmons, George Patterson, Arthur Woods, Thomas Akers, James Leatherdale, Wm. Webb, George Clark, Jas. Nicholas, Thomas Owen, John Robinson & Thomas Read, upon their oath, do say that the plff. hath sustained damages by occasion in the declaration mentioned to ____ And on the motion of the deft, the aforesaid verdict is set aside and a new trial is granted the deft. on his paying the costs of this day's trial. Memorandum: At the trial of this cause the deft. objected to the plff's. being allowed to prove his account by his own oath, but his objections were overruled, and the plff. was admitted to swear to his account, to which the deft, objected. Whereupon his exceptions were signed & sealed by the court. Ord. that this court be adjd. till tomorrow morning, 7 o'clock. The minutes of these proceedings were signed. John Bowyer At a court held for Botetourt County the llth Feby., 1773 Present: John Bowyer, George Skillern, James Thompson, Matthew Arbuckle, Jas. Trimble & Jas. McGavock, Gent. John Dougherty Plff. ) agst. ) In Detinue Jacob Kittering Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: Andrew Greer, Joshua Phipps, John Potts, James Arnold, John Robinson, Abraham Chrisman, Saml. McRoberts, junr., Robert Allen, Allen Gulliford, Stephen Vidito, Archibald Campbell & Thos. Akers, who retd. a verdt. in favor of the plff. & damages of one penny. Judgt. of court that plff. recover agst. the said deft, his land & damages aforesaid, together with his costs. On the motion of Patrick Lockhart a license is granted him to keep an ordinary at his house, whereupon he with Thomas Madison, his secty., entered into & acknd. their bond, conditioned ns the law directs. Ord. that Robert Breckenridge be apptd. Surveyor of the Road in the room of John Nully, junr., who is discharged from that, office. Ord. that the Surveyor of this County do immediately lay off and survey the County line between this and Fincastle County agreeable to Act of Assembly. Ord. that this court be adjd. till tomorrow morning, 8 o'clock. The minutes of these proceedings were signed. John Bowyer At a court held for Botetourt County the 12th of Febry., 1773. Present. John Bowyer, George Skillern, Benjamin Hawkins & Andrew Woods, Gentlemen. Ordered that this court be adjourned till court in course. The minutes of these proceedings were signed. John Bowyer Additional Comments: Extracted from: Annals of Southwest Virginia 1769-1800 BY LEWIS PRESTON SUMMERS Member of American Historical Association, Virginia Historical Society; Alumnus University of Virginia and Tulane University (Louisiana); Member American Bar Association, Virginia State Bar Association Author of HISTORY OF SOUTHWEST VIRGINIA 1740-1786 WASHINGTON COUNTY VIRGINIA 1777-1870 PUBLISHED BY LEWIS PRESTON SUMMERS ABINGDON, VIRGINIA 1929 COPYRIGHT, 1929, BY LEWIS PRESTON SUMMERS MANUFACTURED COMPLETE BY THE KINGSPORT PRESS KINGSPORT, TENNESSEE United States of America File at: http://files.usgwarchives.net/va/botetourt/court/minutes36gwl.txt This file has been created by a form at http://www.genrecords.org/vafiles/ File size: 13.1 Kb