PATRICK COUNTY, VA - COURT - Order Book "3" (Selected Entries, 1831) ----¤¤¤---- JANUARY COURT (13 January 1831) A deed from John G. Lee, John Jones, and Wm. Crum Comissioners to Wm. Critz acknowledged and ordered to be recorded. A power of atto. from Elisha Packwood to William Ross proved and ordered to be recorded. On the motion of John McAlexander Sr., it is Ordered that he be exempted from paying county & parish levies in the future. FEBRUARY COURT (17 February 1831) A deed of trust from Jesse Wood and Samuel Sharp trustee to James M. Redd with the several Certificates of acknowledgement thereon endorsed was presented in Court, examined & ordered to be recorded. A Deed of trust from Thomas Sharp and Jesse Corn & John Lackey trustee to John A. Hairston with the certificate of acknowledgement thereon endorsed as to Sharp was acknowledged in Court by the other parties and ordered to be recorded. A relinquishment of Dower by Salley Frazure wife of Thomas Frazure before Clark Penn & Wm. Critz in a tract of Land conveyed by her husband to Jacob Moorman was returned in Court & ordered to be recorded. Administration of the estate of Jacob Lyon decd. is granted to Wm. T. Joyce whereupon he took the oath of an Admr. & with Munford Smith, Levi Clinkscales, and Danl. Hudson his securities entered into and acknowledged bond conditioned according to law, in the sum of fifty dollars. A Deed from Abram Staples, George Carter and Silas Carter Commissioners acting under the decree of this Court in Shelton Heirs v. Sheltons to Herbert Shelton with the certificate of the Acknowledgment of George Carter before the Clerk was exhibited in Court, acknowledged by the said Abram Staples and Silas Carter and ordered to be recorded. Also a Deed from the same to Claiborne Shelton with the like certificate of acknowledgment before the Clerk was exhibited in Court acknowledged by the said A. Staples & S. Carter and ordered to be recorded. Also a Deed from the same to Hudson Shelton with the like certificate of acknowledgment before the Clerk was exhibited in Court acknowledged by the said A. Staples & S. Carter and ordered to be recorded. MARCH COURT (17 March 1831) Present: Edward Philpott, Richard Thomas, Clark Penn and Harden Hairston -- Gentlemen Justices A deed from Samuel Sharp to James M. Redd acknowledged and ordered to be recorded. Ordered that the Sheriff of this County cause publication to be made that on the 1st Saturday in April next an election will be held at the house of Colo. Greensville Penn for choosing three discreet and proper persons as overseers of the poor for the district lying east of the road leading from Patrick Courthouse by the five forks and Andrew Joyces to the NCarolina line and south of the Bull Mountain, And that the election will be made by the free holders and housekeepers of the said district under the superintendance of Greenl. Penn and that a similar election will be held at the house of Jos. Smith on the 3rd Saturday in April next for the district lying west of said road leading from Patrick Courthouse to the North Carolina line under the superintendance of Martin Cloud. Also that a similar election will be held at the house of John P. Carter on the 2nd Fryday in April next for the district North of the Bull Mountain under the superintendance of Richard Thomas. Administration of the estate of Nancy Shelton decd. is granted to H. Fitzgerald whereupon he took the oath of an Administrator and entered into and acknowedged bond with A. Staples his security in the sum of $300 Conditioned as the law directs. Lucy Philpott wife of Addison Philpott went upon the bench and relinquished her right of dower to the tract of Land in the Deed mentioned from the said Addison Philpott & wife to Marvil Spencer. The last Will and Testament of Martin Bolt decd. was proved by one witness and certified for further proof. The last Will and Testament of Charles Lewis decd. was proved and ordered to be recorded. Edward Jones, Thomas Whitlock, Newton Wheelor(?) and Jno. Fleming or any three of them are appointed commissioners to appraise the estate of Charles Lewis decd. and make report thereof to Court. John C. Staples, Silas Carter & Wm. Sharp are appointed commissioners to appraise the estate of Nancy Shelton decd. & make report thereof to Court. Argelon Lewis, one of the executors named in the last Will & Testament of Charles Lewis decd. came into Court and agreed to take upon himself the burden of the execution thereof, Whereupon he took the oath prescribed by law and together with Haman Critz & Wm. East his securities entred into and acknowledged bond in the sum of two Thousand dollars conditioned according to law. (18 March 1831) Sheltons exors v. Leyman Continued for defendant. Staples et al v. Duncan et al. In Chancery This cause came on this day to be heard upon the Bill etc and was argued by counsel and the Court being satisfied that James Howell one of the defendants has departed from this Commonwealth and that he has no interest in the controversy, doth adjudge order and decree that Samuel Sharp be and is hereby appointed and impowered to sell the lands & other property in the bill mentioned in the Deed of trust conveyed, after advertizing the same according to the condition of the said deed for Cash, and after paying the Costs of said sale and of the execution of the deed aforesaid pay to James M. Redd the sum in the said deed secured together with the other sums which appear by the bonds with the bill filed to be due with interest thereon, & after paying the Costs of this suit, repay the balance if any to said Duncan And that he convey to the purchaser the land aforesaid. APRIL COURT (14 April 1831) A Deed from John Sharp & wife to William Griffith with the certificate of acknowledgement thereon endorsed together with the relinquishment of dower of Susanna Sharp before the Justices thereon made was exhibited in Court & ordered to be recorded. An Inventory and appraisement of the estate of Nancey Shelton decd. was returned in Court by the Commissioners appointed to take the same, examined and ordered to be recorded. A deed from William Lyon to Hardin A. Moore acknowledged and ordered to be recorded. On the motion of Benja. S. Roberson he is exempted by the Court from the payment of County & Parrish [levies?] for the future. Administration of the estate of Jeremiah Morris decd. is granted to Elizabeth Morris whereupon she took the oath of an admx. and entered into bond with Archibald Stuart her security in the sum of five hundred dollars conditioned according to law. Joshua Haynes, H. James Mankin, Joel Mankin & Jno. Rames(?) or any 3 of them are appointed Comrs. to appraise the estate of Jeremiah Morris ded. according to law & make report thereof to Court. Administration of the estate of Stephen Poore decd. is granted to Nancy Poor whereupon she took the oath of an Admx. and entered into bond with Jeremiah W. Hylton her security in the sum of Three hundred dollars conditioned according to law. Peter Shelton is appointed surveyor of the road in place of Jno. Sharp and it is ordered that the list filed constitute his gang. Tyler v. Sharp et al. In Chy. On the motion of the plaintiff by his Counsel An order of publication is awarded against the non resident Defendants in some paper published in Danville & a decree NiSi against the resident defendants. And leave is granted the Plff. to amend his bill. Sharp v. Sharps heirs In Chy. Decree NiSi against all the defendants except Philppina & Saml. Sharp. Wm. Critz, Frederick Critz, Jno. G. Lee & Harden R. Hall who were recently elected Overseers of the Poor appeared in Court & took the several oaths prescribed by law. MAY COURT (12 May 1831) A certificate of the qualification of Charles Foster as Lieutenant in the Militia of this County before Clark Penn one of the Commonwealths justices of the peace was returned into Court & ordered to be filed. An account Current of bonds notes and accounts of the estate of Saml. Staples decd. with the Executor was returned into Court by Arch. Stuart and Clark Penn appointed Commissioners to settle the same, examined & ordered to be recorded. William Clark is reappointed Constable in his former bounds whereupon he took the oath of Office, the oath of allegiance, the Antiduelling oath and the oath to support the Constitution of the U. States and entered into and acknowledged bond with Clark Penn & James M. Redd his securities, conditioned according to law. On the motion of Abram Staples and Eliphaz & Alfred Shelton for leave to keep a tavern in the Town of Taylorsville and upon the production of of the Sheriffs receipt for the tax imposed by law the same is granted them, it appearing to the satisfaction of the Court that they are men of honest, probity and good demeaner, and not addicted to drunkeness and that they will keep an orderly and useful house of entertainment And thereupon they entered into bond with security, acknowledged and conditioned according to law. On the motion of James Nowlin for leave to keep a Tavern at his own house in the town of Taylorsville and upon the production of the Sheriffs receipt for the tax imposed by law, the same is granted him, it appearing to the satisfaction of the Court that he is a man of honesty probity and good demeaner and not addicted to drunkeness and that he will keep an orderly and useful house of entertainment, And thereupon he entered into and acknowledged bond with security conditioned according to law. John Tatum Gentlemen produced in Court a Commission to be sheriff of this County and thereupon he together with A. Staples, Frederick Critz, James M. Redd, John A. Hairston, Richard Thomas, Archd. Stuart & John C. Staples his securities entered into and acknowledged bond according to law for the faithful discharge of the several duties of the said Office which bonds were ordered to be recorded, And thereupon the said John Tatum took the oath of fidelity to the Commonwealth, the oath of Office, the antiduelling oath and the oath to support the Constitution of the United States. William Lyon, John Lyon, and Saml. Sharp by John Tatum Sheriff of this County are appointed his under Sheriffs during pleasure and thereupon the said Wm. Lyon, John Lyon and Samuel Sharp took the oath of fideltiy to this Commonwealth, the oath of Office, the Antiduelling oath and the oath to Support the Constitution of the United State, It appearing to the satisfaction of the Court that they are men of honesty, probity and good demeanor. Taylor admx et al vs. Adams Exors. In Chancery. On the motion of Tabitha Taylor, admx of James Taylor decd. who exhibited her bill leave is granted her to file a bill of review of the proceedings in an Injunction between James Taylor decd. plaintiff and Jacob Adams exors. defendants which was dismissed at July term 1830 And on their motion Greensville Penn & Clark Penn, Admrs of Gabl. Penn decd. are made parties complaintants in the said Injunction. The same is reinstated in the docket for further proceedings and the defendants are restrained from further proceedings on their Judgment obtained against James Taylor decd. and Gabriel Penn decd. until the further order of this Court, and thereupon the defendants Counsel here in Court & offers a General Demurral to the said bill of Review. County Levy for 1831 brought forward $311.61 To Saml. Sharp Deputy sheriff as per acct marked A 12.60 To Wm. Lyon Deputy Sheriff as per ditto marked B 7.15 ________ 331.50 Carried forward to June Court 1831 William Slate on his motion is exempted from the payment of County and parrish levies for the future. Sharp V. Sharp & others In Chancery Upon the motion of Saml. Sharp It is ordered that he be appointed Guardian ad litem to defend Luvenia Sharp and Frances Sharp infant children of Robert Sharp decd. in this Case. Jno. G. Lee, Columbus Penn and Paul C. Ingram are appointed Commissioners to appraise the estate of James Taylor decd. being first sworn before a Justice and make report thereof to Court. Sheltons Exors vs. Sheltons et al In Chancery. This day this Cause came to be heard upon the bill answers exhibits report of the Commissioners etc and the Commissioners having reported the sale of the lands in the bill Mentioned & their having taken sundry bonds & Abram Staples one of the said Commissioners having acknowledged in Court the receipt of one hundred fifty one dollars on account of said sales, it is adjudged ordered & decreed that the said Commissioners or those of them who remain in the County proceed to Collect the said bonds by suit or otherwise, That the said A. Staples pay over to each of the devisees of E. Shelton decd. or those who claim under them first the Costs which have accrued in this Cause an equal portion of the balance of the said Collateral aforesaid according to the law of distributions of intestates estates and that the said Commissioners whenever they shall Collect the said bonds or any of them do pay over the same so collected in like manner to the devisees of said Shelton or those who Claim under them. Administration with the Will annexed de bonis non of the estate of James Taylor Senr. decd. is granted to Wm. Lyon whereupon he took the oath of an administrator and entered into and acknowledged a bond with Jas. M. Redd his security in the sum of One thousand dollars conditioned as the law directs. On the motion of John Plasters, It is ordered that he be exempted from the payment of County & Parish levies for the future. On the motion of Silas Carter, It is ordered that Jno. McIntosh, Jno. C. Staples & Harvey Fitzgerald or any two of them be appointed Commissioners to view a way for a road from the Schoolhouse beyond Mrs. Sheltons by H. Fitzgeralds into the Bull Mountain road near said Fitzgeralds field and make report thereof to Court. JUNE COURT (16 June 1831) ...a deed of trust from Richard Houchins and Samuel Sharp trustee to Mathew Sandefur with the Certificate of acknowledgement thereon endorsed was presented in Court examined & ordered to be recorded. A relinquishment from Saml. Sharp Trustee to William Nowlin acknowledged & ordered to be recorded. Also a deed of trust from Frances Slate and Saml. Sharp trustee to William Clark with the Certificate of acknowledgement thereon endorsed was exhibited in Court, examined & ordered to be recorded. Also a deed of trust from Jones(?) & Boling & S. Sharp Trustee to Eliphaz Shelton with the Certificate thereon endorsed was exhibited in Court, examined & ordered to be recorded. On the motion of Tandy Stone, Ordered that John Stone admr. of Richard Stone decd. be summoned to appear here at the next Court to show cause why he should not give County security as Admr. as aforesaid. A deed from John Sharp and Susannah his wife to William Griffith with the Certificates of acknowledgement by John & the relinquishment of dower by Susannah Sharp thereon endorsed was presented in Court examined & ordered to be recorded. (17 June 1831) On the motion of Obadiah Burnett Sr. it is ordered that Mathew Sandefur, Richard Thomas and John Tuggle be appointed Commissioners to settle with the said O. Burnett his account as Guardian for the Children of Benjamin Terry decd. and make report thereof to Court. William E. Thomas who was Committed to Jail on yesterday because he could not find security for his good behaviour was brought into Court by the sheriff of this County and acknowledged himself indebted to John Floyd esquire Governor or Cheif Majustrate of this Commonwealth & his successors in office in the sum of Twenty five dollars and Abram Staples, Archibald Stuart, Norborn N. Taliaferro, John D. Cheatham, John C. Staples, James M. Redd, John Lyon, William Ayres, Haman Critz and Christopher J. Terrell likewise came into Court & acknowledged themselves each to owe the said John Floyd esquire.... E. Sheltons exors v. Geo. Leyman. Statute of frauds & perjury in addition to formers pleas pleaded and a Jury sworn to wit, Prior Pendleton, Wm. Ayres, Wm. Houchins, Benja. Terry, Hardin H. Beasley, Geo. King, Jona. Elgin, Wm. Harriss, Edward Thomas, Danl. Hudson, John Aistrop & Christopher J. Terrell who being elected tried and sworn the truth to speak upon the issue joined upon their oath do say "We of the Jury find for the defendant." Thereupon it is considered by the Court that the said defendant recover his Costs by him about his defence in this behalf expended & go hence, etc. E Sheltons exors v. Geo. Leyman. Memo. The plaintiff filed a Bill of exceptions to to the opinion of the Court, which was signed and sealed by the Court and ordered to be made a part of the record in this case. (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 ___________________________________________________________________