PATRICK COUNTY, VA - COURT - Order Book "3" (Selected Entries, 1828) ----¤¤¤---- JANUARY COURT (17 January 1828) A deed of bargain & sale from John Hurt and wife to Obadiah Burnett with the Certificate thereon endorsed was examined and ordered to be recorded. A deed of trust from William A. Sandifur and Samuel Sharp trustee to Mathew Sandifur with the Certificate thereon also endorsed was examined & ordered to be recorded. A Power of attorney from John B. Hudson to George W. Callaway Proved and Ordered to be recorded. A Deed of trust from John McAlexander to Edmund & Wm. McAlexander with the certificates thereon endorsed was exhibited in court examined and ordered to be recorded. M. Sandifur, Reubin Harris and James Via are appointed commissioners to value & appraise any property which they may be required by the legatees & administrators of John Burnett decd. to settle their account current.... MARCH COURT (13 March 1828) Thomas Penn Gentleman produced a Commision to be sheriff of this County and thereupon he together with Joseph Kennerly, Hardin Hairston, Jno. Sharp, A. Staples & M. R. Hughes his securities entered into and acknowledged bonds according to Law for the faithful discharge of the several duties of the said office, which bonds are ordered to be recorded and thereupon the said Thomas Penn took the Oath of fidelity to the Commonwealth, the Oath of Office and the Oath to support the Constitution of the United States, and also the antiduelling Oath. William Lyon and Jackson Penn are by Thomas Penn, Sheriff of this County appointed his under Sheriffs during pleasure and thereupon the said William Lyon and Jackson Penn took the oath of fidelity to the Comwealth the oath of Office and the oath to support the Constitution of the United States and the Anti duelling oath, it appearing to the satisfaction of the Court that they are men of Honesty probity and good demeanor. An inventory and appraisement of the estate of Zachariah Trent decd. was returned into Court examined & ordered to be recorded. The Commissioners appointed to view a way for turning the Bull Mountain road so as to run by Wm. Lyons Mill having made a report that the same is practicable & expedient. Therefore it is ordered that Wm. Lyon be appointed surveyor thereof and that his own hands and the hands of Robert Wright do keep the same in repair. Pursuant to a late act of the General passed at the last Session establishing a third battalion in the County of Patrick, the Court proceeded to appoint a Major when Thomas Harbour was recommended to the executive as a fit and proper person to fill the said Office. Jeremiah Burnett is recommended to the executive as a fit & proper person to serve as Captain in the place of Thomas Harbour promoted. James Harbour is recommended to the executive as a fit & proper person to Serve as Lieutenant in place of Jeremiah Burnett promoted. Anderson Taylor is recommended to the executive as a fit and proper person to serve as ensign in place of James Harbour promoted. An Account Current of the executor of Jacob Hudson decd. was returned into Court by the Commissioners, examined & ordered to be recorded. Wm. Crum exhibited in Court a Commission from the executive of this Commonwealth appointing him an Ensign in a Company of Riflemen in the first Battalion of the 18th Regt., whereupon he took the oath prescribed by law. (14 March 1828) Adams v. Askew non assumsit & infancy as to the Deft. George Writ of inquiry set aside and a Jury sworn to wit, Edward Collins, John Jones, Henry Hudson, Mekins Reynolds, Saml. Flipping, Wm. Booker, John Smith, Jacob Helms, Wm. Keaton, Alexr. Overby, Barnabas Balilse & Wm. McAlexander who being elected tryed and sworn well and truly to try the issue formed(?) went out of Court and after some time returned and declared they could not agree on a Verdict, whereupon William McAlexander one of the Jurors is withdrawn by Consent and the rest of the Jurors from returning their verdict discharged and the Tryal of the Cause defered till the next Term. John Lyon is by Thomas Penn Sheriff of this County appointed his under Sheriff during pleasure and thereupon the said John Lyon took the oath of fidelity to the Commonwealth, the oath of Office and the oath to support the Constitution of the United States and the Anti Dueling oath, it appearing to the satisfaction of the Court that he is a man of honesty probity & good demeanor. Danl. McAlexander ad Commonwealth The same one day as a witness for Sandifur for et al v. Burnett et al. AUGUST COURT (14 August 1828) A Deed of trust from John Rickman & Saml. Sharp trustee to Redd & Walton acknowledged & ordered to be recorded. James C. Anthony Gentlemen who hath been licenced in this State to pract. law, On his motion has leave to practise in this Court And thereupon he took the oath of fidelity to the Commonwealth, the oath of an Attorney at law, And the oath to support the Constitution of the United States. Brett Stovall foreman, Joseph Braun(?), Wm. Ellet, Wm. Griffith, Conrad Plasters, James Dillard, Saml. Hanby, Barnabas Balisle, Levi Clinkscales, George Gunter, Abel Pedigo, Wm. Crum, Jesse Chaney, Thomas Tenison, David Ross, John Bowning(?) & Mekins Reynolds were sworn a Grand Jury of inquest for the body of this county and after receiving their charge went out of court to consult upon their presentments. And after some time returned into Court with an indictment against Thomas Penn for fencing across the public road a "true Bill" And also an indictment against Notley Adams for an assault upon Robert Harris a "true bill" and having nothing further to present were discharged. (15 August 1828) Present: William Carter, John Tatum, John Hughes & Adam Turner. Absent: Jno. Hughes. Present Jno. Tuggle -- Gentlemen Justices John Lyon produced in Court the certificate of Richard Thomas esqr. one of the Commonwealth Justices of the peace, of his qualification to a commission from his Excellency the Governor of this Commonwealth appointing him second Lieutenant in a troop of Cavalry of the 18th Va. Regiment which was ordered to be filed. SEPTEMBER COURT (11 September 1828) A deed of trust from William A. Sandefur and Samuel Sharp Trustee to Mathew Sandefur with the certificate thereon endorsed was exhibited in Court examined and Ordered to be recorded. OCTOBER COURT (16 October 1828) Present: Clark Penn, H. Hairston, Richard Thomas, and John Tuggle -- Gentlemen Justices. A deed of Trust from Samuel Nowlin and M. Sandafur Trustee to Abram Staples with the Certificate thereon endorsed was exhibited in Court, examined and ordered to be recorded. Also a deed of Trust from John Gilbert and Samuel Sharp trustee to the same with the Certificate thereon also endorsed was exhibited in Court examined and Ordered to be recorded. A deed from James Chany and Frances Chany, his wife, to Thomas Gates with the several Certificates thereon endorsed was exhibited in Court examined & ordered to be recorded. Also a deed from Blackmore Hughes to Ruth Mayo Burnett with a Certificate thereon endorsed was exhibited in Court examined and ordered to be recorded. (Transcribed by Mary C. Smith from Patrick Co., Va., Order Book 3, 1822-1831, unpaged, Library of Virginia Microfilm Reel #18.) ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: Mary C. Smith carthage42@hotmail.com ___________________________________________________________________