PATRICK COUNTY, VA - COURT - Order Book "5" (Selected Entries, 1846) ----¤¤¤---- JANUARY COURT (26 January 1846) Jourdan Keaton who was recognized to appear here today and answer the complaint of Joshua Keaton, this day appeared in court in pursuance of the said recognizance and thereupon various witnesses being examined and the parties by counsel fully heard, it is ordered that the said complaint be dismissed and that the said Joshua Keaton pay the costs of this proceedings. The declaration of Elizabeth Fitzgerald widow of Harvey Fitzgerald late a pensioner of the United states was presented in court and the same being duly qualified to according to law was ordered to be certified to the War department. H. Nelson esqr. who hath been duly licensed to practice law in the courts of this commonwealth on his motion has leave to practice in this court and thereupon he appeared in court and took the oaths prescribed by law. FEBRUARY COURT (23 February 1846) An account current of the estate of John Chambers deceased was presented in court examined and ordered to be recorded. An account current of the estate of Field Trent decd. was presented in court examined and ordered to be recorded. Ordered that the overseers of the Poor bind out according to law Josephus Going infant son of Hannah Going aged 4 years to James Nowlin and that in the Indenture by the said Nowlin to be made, he be bound to pay to the parent of the said Josephus Going the sum of ten dollars for each year from the time he arrives at the age of twelve years until he arrives at the age of twenty years, that he pay him the said Going at the end of the last year of his apprenticeship forty dollars, and that he be further bound to instruct him the said Going in the shoemakers trade. Ordered that William Winbush be and he is hereby appointed a surveyor of the road in the place of William A. Sandifur resigned and that the hands of the said Sandifur be and they do hereby constitute his company. (24 February 1846) John McAlexander Appellant vs Jessee Chaney Appellee on an appeal from a Judgment of a Justice of the peace. This day came the parties by their attornies and on the motion of the appellee to quash the warrant upon which the appeal is founded, the same for reasons appearing to the court is granted. Thereupon it is considered by the court that the same be quashed and the the appellee recover against the appellant his cost by him expended. John B. Tuggle Appellant vs William McAlexander Appellee upon an appeal from a Judgment of a Justice of the peace. Dismissed for want of prosecution. (26 February 1846) William Lyon Appellant vs William Ayres Appellee on an appeal from a Judgment of a Justice of the peace. Ordered that this appeal be continued for the appellee. On the motion of Jessee Chaney, leave is given him to withdraw his account filed in the appeal case of McAlexander vs. Chaney upon his leaving a copy thereof with the clerk. On the motion of John McAlexander, leave is granted him to withdraw his account filed among the papers in the appeal case of McAlexander vs. Chaney upon his leaving a copy thereof with the clerk. Ordered that Harbert Shelton be and he is hereby appointed a surveyor of the road in the place of William Witt resigned and that the hands be and they do hereby constitute his company JUNE COURT (22 June 1846) To John W. Gates for two days work on his road as surveyor $1.00 To Marshall Wade for twenty four hours patrolling @ 75¢ for 12 hours 1.50 To John Lackey for do do 1.50 To William H. Corn for do do 1.50 To John P. Carter for four days work on his road as surveyor 2.00 To Samuel Epperson for three do 1.50 To Aaron Dehart for fourteen do this and last year & the year 1844 7.00 To William A. Sandifur for four do 2.00 To Joseph Bishop as per account $9.00 To James C. Moir as per do 18.00 To John Lackey for four days work on his road & 1 sign board 2.50 To Harbert Shelton for two do 1.00 To David McAlexander for five do 2.50 To Austin Jones for two do 1.00 To Thomas N. Shelton for 192 hours patrolling @ 75 per 12 hours 12.00 To Spencer P. Nowlin for 192 do do 12.00 To Austin Ziglar for 168 do do 10.50 TO John France for 156 do do 9.75 To Haman Critz for 108 do do 6.75 To Spencer P. Nowlin for two days work on his road as surveyor 1.00 To James J. Jones for three do do 1.50 To John P. Carter as per acct 2.56(?) To William C. Shelton for six days work on his road as surveyor this & last year 3.00 AUGUST COURT (25 August 1846) John Shelor Plff vs Washington Spangler Deft. on a warrant against the defendant for forcible turning the plaintiff out of possession of a certain tenement in the county of Patrick containing thirty acres. This day came the parties by their attornies and on the motion of the defendant for a continuance of this cause, the same is overruled by the court and thereupon the court proceeded to impannell a Jury for the trial of the said complaint in the manner prescribed by the statute and William Ayres, Keaton Collins, George W. Wigginton, James D. Cloud, William Reynolds, Washington D. McCandless, Samuel Gilbert, Haman Critz, Frederick Gilbert, John Cassell, and Alexander B. Clark and Haman Brim having been accordingly impannelled they were charged in the manner prescribed by the statute and the Justices admitted before them all legal evidence which was offered as well on the part of the plaintiff as on the defendant and suffered each party to be heard by counsel and the Jury after hearing the evidence and arguments of counsels unanimously agreed upon a verdict as follows, We of the Jury find that the defendant did not within three years next before the exhibition of the complaint filed by the plaintiff in this cause, forcibly enter upon the tenement in the said complaint mentioned and turn the plaintiff out of the possession thereof and that the said defendant did not continue to hold possession thereof at the date of the said complaint, and on the motion of the plaintiff for a new trial in this cause the same falls(?), the court being divided Therefore it is considered by the court, that the plaintiff take nothing by his bill(?) but for his false clamors Given mercy etc and that he pay to the defendant his costs in this behalf expended. (Transcribed by Mary C. Smith from Patrick Co., Va., Order Book 5, 1840-1846, 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 ___________________________________________________________________