PATRICK COUNTY, VA - COURT - Order Book "4" (Selected Entries, 1833) ----¤¤¤---- MARCH COURT (14 March 1833) Present: Jesse Corn, Richard Thomas, Joseph Kennerly and John Turner and Greenl. Penn -- Gentlemen Justices A deed of trust from Jesse K. Davis and Samuel Sharp Trustee to Thomas J. Penn & Co. with the Certificate of acknowledgement thereon endorsed was presented in Court examined & ordered to be recorded. MAY COURT (17 May 1833) Sharp vs. Penn et al. In Chy. On the motion of the Clk of this Court and it appears to the satisfaction of the Court the Plff is not an inhabitant of this state he is ruled to security for Costs within sixty days. Tyler vs. Sharp In Chancery This day came in this cause to be heard upon the Bill and exhibits And it appearing to the satisfaction of the Court that the Order of publication made in this cause against the absent Defendants has been duly executed, and the Decree nisi made in this cause having been duly executed upon the home Defendants the Plaintiffs Bill is taken for confessed as to all the Defendants And it also appearing to the satisfaction of the Court that the plaintiff has since the institution of this suit transferred his interest in the land in the Bill mentioned for a valuable consideration to James M. Redd and wishes a decree made in favor of said Redd in this cause The Court doth thereupon adjudge order and decree That Matthew Sandifur who is appointed a commissioner for that purpose do execute to James M. Redd a Deed with Special Warranty for the land in this Bill mentioned according to the metes and bounds mentioned in exhibit B and report to Court how he has executed this decree. JUNE COURT (13 June 1833) To Saml. Sharp Surveyor of a road for 2 days work 1.00 To Herbert Shelton for bringing exon. book from Lynchburg 0.50 To Samuel Corn ditto [surveyor of the road] for 2 days 1.00 To William Sharp ditto for 6 days 3.00 To John Duvall ditto for 2 days 1.00 To Isaac Adams for 2 old red fox scalps killed by his slave 2.00 To Wm. Hall son of Tho. R. Hall for 1 old red fox scalp 1.00 To Jacob Clark Surveyor of a road for 1 day & 1 sign board 1.00 (14 June 1833) On the Motion of John Callaway July and Sukey his 2 slaves at the Rentfro place are exempted from the payment of Levies in the future. John D. Cheatham & M. Sandifur or either of them are appointed Commissioners to settle with the Sheriffs of this County for the Depositum of this County in their hands since the last settlement & make report thereof to Court. Allen vs. Crum Upon Writ of Enquiry -- a jury sworn to wit John Flippin, Wm. Keaton, Isaac Griffith, Edmund Beasley, Caleb Griffith, Robert Boaz, George Stovall, Thomas Waller, Martin Clifton, John Sharp, Edmund Waller & John Hanby who being elected tried & sworn well and truly to enquire into Damages upon their oath do say, "We of the Jury find for the Plaintiff and ascertain his damages to twenty dollars." Therefore it is considered by the Court that the plaintiff recover against the Defendant the damages aforesaid in form aforesaid assessed together with his costs about his suit in that behalf expended And the defendant be in Mercy etc. Wm. N. Sharp vs. Sharps heirs In Chancery This day came on this cause to be heard on the Bill answers and exhibits & depositions of witnesses and was argued by counsel whereupon it is adjudged ordered & decreed that Mathew Sandifur who is appointed a Commissioner for that purpose do Convey to the Complainant by deed with Special warranty the Tract of Land in the Bill mentioned called the Magruder Tract containing 56 acres according to the metes & bounds of the patent of said land & that he report to Court how he has executed this decree. It appearing to the Satisfaction of the Court that the above decree was made & ought to have been entered at the May Term last of this Court, but was accordingly omitted. William Lawson is appointed Surveyor of the road from the top of the mountain at Conners Spur to the Floyd County line, and it is ordered that Charles Bullard & his hands, Wilson Price & his hands, Thomas Thompson & Wm. Burnett be his [gang] and that they keep the said road in repair according to law. JULY COURT (11 July 1833) Sharp vs. Penn, In Chy. dismissed for want of security for Costs. A deed of trust from Marville Boulding & Th. J. Penn trustee to Saml. Sharp with the Certificate of acknowledgement thereon endorsed was exhibited in court & ordered to be recorded. Also a deed of trust from Adam Turner Jr. & Jefferson Taylor trustee to James Nowlin having been acknowledged in the Clerks office was exhibited & ordered to be admitted to record. Also a deed from Richard Nowlin to the same with the like acknowledgement in the Clerks office was presented in Court & ordered to be admitted to record. John Burnett is appointed Surveyor of the road in place of Adam Turner decd. and that the hands assigned Turner constitute his gang and keep the same in repair according to law. AUGUST COURT (16 August 1833) McAlexander vs. Hairston On an Injunction This day came on this cause upon a rule made against the Plaintiff at the [left blank] Term of this Court for additional Security in his Injunction, It appeared to the satisfaction of the Court that John Massey the present security is insufficient security but it being proved by the plaintiff that John McAlexander the Security in the original Injunction Bond is in possession of several Negroes which he has conveyed by deed which is ordered to be made a part of this Record to his Children reserving a life estate and that he is 88 years of age, The Court being of opinion from that evidence that John McAlexander is sufficient security And that the Original Injunction bond in which he was security is still in full force, The rule is discharged. (17 August 1833) Fleming vs. Slade Order publication in the Franklin Whig. Ordered that M. Sandifur & Thos. J. Penn be appointed Commissioners to settle the Accounts Current of Harvey Fitzgerald Executor of Eliphaz Shelton decd and as Admr. of Nancy Shelton decd. and make report thereof to Court. Duvall vs. Monday On the motion of the defendant by his attorney M. Sandifur is appointed his guardian ad litem And thereupon he pleads Infancy. Officl Judgt set aside & Issue & Continued. Beasley vs. Clark A Jury sworn to wit, Philip Askew, David W. Smith, Marvel Bolling, David McAlexander, David Hudson, Milton R. Dodson, John Boyd, Washington Thomas, Isaac Monday, Berryman Glassgow, Anderson Alin, and James Pucket, who being elected tried and sworn the truth to speak upon the issue joined went out of Court to Consult of their Verdict & after some time returned into Court & declaring they Could not agree in their Verdict by Consent of the parties & with the assent of the Court Philip Askew one of the Jurors aforesaid was withdrawn & the rest of the said jurors from rendering their Verdict discharged & the Cause is Continued till the next Court.... NOVEMBER COURT (14 November 1833) A deed from John Vaughan to George W. McCall with the certificate of acknowledgement thereon endorsed before the Competent authorities of Philadelphia was exhibited & ordered to be recorded. Also a deed from William Cassell to the Overseers of the poor of Patrick acknowledged & Ordered to be recorded. Also a deed of transfer from Eliphas Shelton to Harbert Shelton with the Certificate of acknowledgement thereon endorsed was presented in Court examined & ordered to be recorded. (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 ___________________________________________________________________