PATRICK COUNTY, VA - COURT - Order Book "4" (Selected Entries, 1831) ----¤¤¤---- AUGUST COURT (11 August 1831) Brett Stovall foreman, Augustine B. Thomas, Peter Critz, Jno. H. Hudson, David Hudson, Saml. Corn, Absolem Shelton Sr., Obediah Belcher, Saml. Gilbert, Robert Wright, James Witcher, Notley Adams, Thomas Morrison, Wm. Houchins, Nathan Hall, Valentine Burnett, Blackmore Hughes & Abner Harbour were sworn a Grand Jury of inquest for the body of this County. And after receiving their charge withdrew to consult upon their presentments. And after some time returned into Court with a presentment against James Murphey labourer for assaulting & beating Saml. Gilbert at Patrick Courthouse the 9th day of August. (Instant) Also a presentment against Elijah H. Wimbish for assaulting & beating James Coffee at Patrick Courthouse on the 6th day of this month (August). Also a presentment against William Nowlin (commonly called Buck Nowlin) labourer for wilfull and corrupt perjury at Patrick CtHouse on the 6th day of May 1831 before the Honl. Fleming Saunders Judge of the Superior Court of law for Patrick County in the trial of Edmund Beasley for murder. In this, that when called on as a juror & examined upon oath whether he had formed & expressed an opinion as to the guilt or innocence of the prisoner, said he had not, when in fact he had. Whereupon the usual process was ordered and having nothing further to present were discharged. On the motion of Seybird Webb, It is ordered that David Griffith, Conrad Plasters, Jonas Plasters, Jno. B. Williams & Wm. Cassle or any three of them be appointed Commissioners to view a way for a road from the Bull Mountain near Saunders Witts by Conrad Plasters and up the mountain the nearest and best way to the county line of Floyd and report to Court the advantages & disadvantages attending the same as well to the public as individuals. Archd. Stuart esq. Attorney for the Commonwealth appeared in Court and took the oath prescribed by the 7th Section of the Act entitled "an Act to amend an Act, entitled an Act to suppress duelling" passed the 5th March 1831. (12 August 1831) James Boaz is appointed Surveyor of the road in place of Adison Philpott and it is ordered that the hands of Philpott constitute his gang. Commonwealth v. Cleaver not guilty & issue and a Jury sworn to wit Robert Glassgow, Jonas Plasters, John Cassle, Robt. Boaz, Haman Shelton, George Cloud, Jno. Aistrop, Thos. Morrison, Saml. Gilbert, Zach. Tyler, George King & Wm. Sharp, who being elected tried and sworn the truth to speak upon the issue joined upon their oath do say "We of the Jury find the defendant guilty & assess his fine to one Cent." Therefore it is considered by the Court that the Commonwealth recover agt. the Deft. the fine aforesaid together with the Cost in this behalf expended and that the Defendant do ...etc. SEPTEMBER COURT (15 September 1831) A Deed from John Sharp to Thomas Spencer was acknowledged in Court and ordered to be recorded. Columbus Penn is reappointed commissioner of the Revenue for this County whereupon he took the oath prescribed by law and entered into and acknowledged [bond....]. OCTOBER COURT (13 October 1831) ...a deed from Washington Helms and Ruth Helms his wife to Jeremiah Burnett with the Certificate thereon endorsed was exhibited in Court examined & also ordered to be recorded. Also a deed from Thomas Sharp and Lucinda his wife to Benjamin Spencer with the Certificates thereon endorsed was exhibited in Court, examined & ordered to be recorded. A deed of trust from Brett Stovall and Greensville Penn trustee to Thomas Penn Guardian for Greensville Penn Jr. with the Certificate thereon endorsed of acknowledgement before the Clerk was exhibited in Court, examined & ordered to be recorded. Also a deed of Gift from James Murphy to Susanna Meridith with the several Certificates thereon endorsed was presented in Court, examined & ordered to be recorded. Also a deed of trust from William Keaton Jr. and Samuel Sharp, Trustee to A. Staples with the Certificate thereon endorsed was exhibited in Court, examined & ordered to be recorded. John Lyon & Saml. Sharp, DSheriffs for John Tatum Sheriff exhibited in Court a list of insolvent Lands and property for the year 1831, which was examined, and ordered to be certified to the Auditor of Public Accounts. Also a Deed from William Crum & wife to John Cobbs with the certificates of acknowledgement and relinquishment of Dower before two Majistrates thereon endorsed was exhibited in Court examined & ordered to be recorded. NOVEMBER COURT (17 November 1831) A power of attorney from Adison Philpott to Barnes Carter with the certificate thereon endorsed was exhibited in Court Examined & ordered to be recorded. A deed of trust from Wm. N. Sharp & William Clark Trustee to Samuel Sharp, Harvey Fitzgerald, David Hudson and Zachariah Tyler with the Certificate thereon endorsed was presented in Court Examined & ordered to be recorded. Also a deed of trust from from the same and Mathew Sandefur Trustee to Abram Staples, Thomas J. Penn and Milton R. Dodson with the Certificates thereon endorsed was likewise exhibited in Court Examined & ordered to be recorded. Also a Deed from Adison Philpott to Anderson Allen with the Certificate thereon endorsed was exhibited in Court examined & ordered to be recorded. (18[?] November 1831) Wm. Lyon DShff for Jno. Tatum exhibited in Court an Acct. agt the Commonwealth for the sum of $4.20 cents which was examined & ordered to be certified to the Auditor of public Accounts. Edward Philpott, Richard Thomas and Adam Turner Gentlemen are recommended as fit and persons to act as Sheriff of this County, one of whom to be commissioned by the executive as such. Thomas Penn one of the Executors named in the last Will and Testament of William Baker decd. came into Court and undertook the execution thereof whereupon he took the oath of an executor & entered into bond with Abram Staples & Isaac Adams his Securities conditioned according to law in the penalty of $4000 dollars. John Kroger, Jacob Kroger, [blank] Prunty and Thomas Stoe or any three of them are appointed Commissioners (being first sworn) to appraise the estate of Wm. Baker decd. and make report thereof to Court. Joseph Poindexter and John Campbell, Barnes Carter & Richard Stanley came into Court and acknowledged themselves indebted to John Floyd esq. Governor of this Commonwealth and his successors, that is to say, the said Joseph Poindexter in the sum of Twenty five dollars and each of his Securities in the sum of eight dollars 33 1/3 Cents upon their good Chattels land and tenements to be levied upon Condition the said Joseph Poindexter shall not be of good behaviour and keep the peace towards the Citizens of this Commonwealth generally and particularly towards John Lyon of this County for 12 months from this day. And it is ordered that the said Joseph Poindexter pay the Costs of this prosecution. (19 November 1831) Archd. Stuart, James Mankin & John Scott are appointed Commissioners to settle the acct. current of James W. Wauhop, Curator for Joshua Haynes Senr. and make report thereof to Court. Hanby v. Kings admrs. In Chancery. This case is revived by consent of parties in the name of Sally Hanby admx of Saml. Hanby decd. Fitzgerald & others v. Sheltons Heirs In Chancery. This day this cause came on by consent on the amended Bill and Answers thereto and was argued by Counsel Whereupon it is adjudged ordered and decreed that Mathew Sandefur who is appointed a Commissioner for that purpose do proceed to sell (reasonable notice being given) to the highest bidder on a Credit of one two and three years the land upon which Eliphaz Shelton decd. lately resided consisting of two tracts and that he take from the purchases or purchasers bonds with security for the purchase money and a deed of Trust on the land to secure the payment thereof and that he make report how he has executed this decree. DECEMBER COURT (15 December 1831) A Deed from Samuel Sharp to Wm. Pickeral with the certificate thereon endorsed was exhibited in Court, examined and ordered to be recorded. Brett Stovall lately appointed Surveyor of the County appeared in Court and entered into and acknowledged a bond with A. Staples, H. Hairston and John Tatum his securities conditioned according to law. George W. G. Brown in Custody of the Sheriff at the suit of John & Benja. Watkins Assee of P. Shelton appeared in Court and took the oath of an insolvent Debtor, it appearing to the satisfaction of the Court that a notice thereof was ..? the plaintiff, being non resident of this County, And thereupon he was discharged. [Transcriber's note: the December court term features what appears to be a massive undertaking to update land tax records. The present owners claim they are in rightful possession and ask for, and receive, exoneration from paying back taxes charged to former owners.] On the motion of John C. Staples to be exonerated from the payment of the taxes and damages due on the following tracts of land returned delinquent for non payment of taxes, to wit, one tract containing 100 acres, and returned for the year 1813, in the name of Leonard Sharp; one tract containing 362 acres and returned for the years 1822, 1823 in the name of Josiah Ferris, and also one other 117 acres returned for the years 1810, '12, '13, and 1814 in the name of Caleb alias Charles Floyd. The Attorney for the Commonwealth being present and defending the motions and it appearing to the satisfaction of the Court that the said John C. Staples in actual possession of the tracts of land aforesaid that he is a bona fide purchaser of the two first mentioned viz., the tracts in the named Leonard Sharp, and Josiah Farris, that he paid the whole of the purchase money for the same and had deeds duly recorded thereto prior to the 1st of April last, and that he claims title & ? to the third tract, Viz., the tract of 117 acres in the name of Caleb alias Charles Floyd by devise from his deceased father Samuel Staples decd.... (16 and 17 December 1831) Administration of the estate of John Adams Jr. decd. is granted to Joshua Adams and thereupon he took the oath of an Administrator and entered into and acknowledged bond with Granl. Penn & J. Taylor his securities in the sum of five hundred dollars conditioned according to law. William Critz, John G. Lee & Barnabas Balisle are appointed Commissioners being first sworn to appraise the estate of John Adams Jr. decd. and make report thereof to Court. Adrian Anglin decd. for 180 Acres of land returned delinquent in the name of John Pullam for the year 1795, he holding title from the said John Pullam & John Randals.-- The said Jeremiah Burnett Senr. 3 tracts to wit one for 250 Acres returned delinquent in the name of Joseph Reynolds for the years 1810, '11 & '15. One other tract of 110 acres returned delinquent in the name of Elizabeth Croley as 100 Acres for the year 1791. Also a tract of 15 Acres returned delinquent in the name of John Breden for the year 1802, '3, '4, '5 & '9 as 21 Acres, he holding title under them.-- The said Ruth Moorfield for 100 Acres of land being a part of a tract of land of 150 Acres returned delinquent in the name of Richard Deal for the years 1806, '7, & 9, and in the name of William Deal for the year 1807, '9, & '10, it appearing to the satisfaction of the Court that the same tract of land is charged to them both, she holding title from others claiming under them.-- The said Augustine Jones for 350 Acres of land being a part of three tracts returned delinquent in the name of William Ison Viz. One of 271 Acres for the year 1794, one of a 100 and one of 140 returned for the same year (1794), he holding title from Reuben Harris who claims under the said Wm. Ison.-- The said Frederick Gilbert for 75 being a part or the whole of a tract returned delinquent in the name of John Strange as 100 Acres for the year 1811 he holding title thereto from persons claiming under the said John Strange.-- The said George Gunter for 222 Acres of land returned delinquent in the name of Humberston Lyon decd. for the years 1797, '98, '99, 1800, '1, '3, '4, '5, '6, '9, '11, '12, & '13, he holding title from others claiming under the said Humberson Lyon decd.-- The said Jesse Corn for 297 acres of land returned delinquent in the name of Thomas Niblet for the years 1812, '13, '14, & '15, he holding title thereto from others claiming under the said Thomas Niblet.-- The said Elijah Dehart Jr. for 100 acres of land being part of a tract of 672 Acres returned delinquent in the name of Joseph Reynolds for the years 1810, '11, & '15, he holding title from others claiming under the said Joseph Reynolds.-- The said Francis Nowlin for 160 acres of land returned delinquent in the name of Miller Woodson Easley for the years 1798 & 1800 he holding title from others claiming under the said Miller Woodson Easley.-- The said Elam Newman for 129 acres of land returned delinquent in the name of James Epperson for the year 1807 he hold title from John Jones claiming under the said James Epperson.-- ...Also a tract of 184 acres, returned for the Year 1812 in the name of James Sharp. The Attorney for the Commonwealth being present in Court and defending the motion; it appearing to the satisfaction of the Court that the said John A. Hairston is in actual possession of the said lands, that he derives title thereto from the Will of his deceased father, who was a bona fide purchaser thereof and paid the whole of the purchase money and had deeds for the same duly recorded, prior to the passage of the Act entitled "An act concerning land, returned delinquent for non payment of taxes, making disposition of certain lands so delinquent, and of certain escheated lands for the benefit of actual and bona fide holders thereof under grants from the Commonwealth." It is therefore ordered that the said John A. Hairston be exonerated from the payment of the taxes and damages aforesaid, And that a copy of this order be certified to the Auditor of Publick Accounts.-- The said William A. Sandefur for 120 Acres returned delinquent in the name of Rodman Littrell for the year 1794, And he holding title from others claiming under the said Rodman Littrell.-- (Transcribed by Mary C. Smith from Patrick Co., Va., Order Book 4, 1831-1839, unpaged, Library of Virginia Microfilm Reel #19.) ___________________________________________________________________ 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 ___________________________________________________________________