Miscellaneous Carroll County, Virginia Court Orders 1847 – 1852

Researched and transcribed by Linda Skinner

CARROLL COUNTY, VIRGINIA COURT ORDER BOOK # 0031084

Oct Court 1847 Ordered that George W Cloud and Isaac BEAMER who were heretofore appointed principal surveyors to make alterations in the old GOOD SPUR ROAD on the mountain do suspend operations on the aforesaid road under the aforesaid order until the further order of the court. p. 87

p. 82 October Court 1847 Reziah JOHNSON against Melinda HARRELL on an appeal. Ordered that this case be continued until next monthly term.

p. 88 October Court 1847 Commonwealth against Herbert Branscome & William Hurst for failing to keep a sufficient bridge over their dam. This day came and with the attorney for the Commonwealth and the Defendants by their attorney and thereupon came a jufry to wit: Isaac A. Scott,, Charles Smith, Ambrose Phillips., Aaron Cock, Alexander Ayres, Saml J. Ballard, John Tolbert, Lacy Bobbitt, Peter Worrell jun, Peter Jennings, Daniel E. Mitchell & James bond who being elected, tried, and sworn the truth to speak upon the … joined, having heard the evidence returned a verdict in the following words, to wit. “We of the jury find the defendants not guilty.” therefore it is considered by the court the defendant be acquitted and discharged on the indictment aforesaid.

p. 99 Dec 1847 Ordered that the overseers of the poor do bind Nancy O HAWKS a poor girl of this county to Daniel A. Vinson as the law directs. Lavina BOYD the widow of Levi BOYD in … relinquishes her right to the administration of the said decedents estate in favor of John Cock of the county of Carroll and on the motion of the said John Cock who made an oath and together with Joshua Hanks Jr. & Anbrose C. Phillips his securities entered into and acknowledged a bond in the penalty of $500 conditioned as the law directs, certificate is granted the said John Cock for obtaining letters of administration on the estate of the said Levi BOYD. p. 103 the inventory and appraisement of the personal estate of Levi BOYD was returned to court and ordered to be recorded.

p. 104 January Court 1848 Ordered that Daniel CARLAN be appointed surveyor of the Pipers Gap road from Samuel Spencers to the bridge in the mountain, and that he with the usual hands keep the same in legal repair.

p. 105 A report of the settlement of the account of Hetty Webb, guardian of Margery WEBB and the estate of her said ward was returned to court and was ordered to be over one term for exceptions to be taken thereto.

p. 107 Feb court 1848 Elkanah DEAN having obtained an attachment against the estate of James H. Unthank, who hath privately removed out of the county or absconded so that the ordinary process of law cannot be served upon him for the sum of $18. 25 due by account and the sheriff of this county having made a claim that he had levied the said attachment on four horses & two saddles of the goods and chattel of the defendant. this day came the plaintiff by his attorney and the defendant being solemnly called came not it is considered by the court that the plaintiff recover against the defendant $18. 25 with interest from the 10 Feb 1848. his claim to be just and the costs by him about his suit in this behalf expended. And it is ordered, the sheriff make sale of the four horses and two saddles aforesaid by him. Attached as aforesaid, as the law deem and to hold the money arising from such sale subject to the future order of this court, and return an account of the said sales to the next court.

P. 110 Feb Court 1848 A report of settlement in the account current of of John Cock administrator of James Cock Jun dec having lain over for one term for exceptions to be taken thereto and none being taken the same is ordered to be seconded.

p. 110 Feb court 1848 A report of settlement in the account current of John Cock Adm of Jacob WEBB deceased on the estate of the said decedent having lain over for exceptions to be taken thereto and none being taken the same is ordered to be recorded.

p. 110 Feb court 1848 a report of settlement of the account of Hetty Webb guardian of Margery WEBB on the estate of her said ward, having lain over one term for exceptions to be taken there and none having been taken the same is ordered to be recorded.

p. 112 March Court 1848 a deed of bargain and sale from Elisha EDWARDS to Jeremiah EDWARDS was fully proved by the oath of Alexander NEWMAN … witness thereto and was ordered to be recorded.

p. 114 March Court 1848 Ordered that the overseers of the poor of this county or any two of them bind Elizabeth SPENCER aged… years to Rilly Williams as the law directs.

P. 114 March Court 1848 A majority of the acting justices of this county being present and deeming it expediate, it is ordered that JOHN COCK Gentlemen, be recommended to the executive of this Commonwealth to be a fit and proper person to be commissioned a justice of the the peace in and for said county, the said JOHN COCK receiving the vote of all the justices present, given vote in open court.

p. 117 Tuesday March 7th 1848 Fielden Hale & William Thompson commissioners appointed to settle the account between the late sheriff of the County JOHN COCK and the overseers of the poor, this day returned a report of said settlement to the court, which was received and was ordered to be filed, and it is further ordered the said John Cock late sheriff as aforesaid, do pay over the balance in his hands as per said report of settlement, which is $158.70 cents to John Tolbert or his order?

p. 119 Wednesday March 9th 1848 On the motion of JOHN COCK late sheriff of this county it is ordered that said John Cock, sheriff as aforesaid have leave to amend his action on an report of Tiera Faucas, found from the Clerks office of Carroll County on the day of March 1847 for the sum of $34.37 cents, in favor of ARCHIBALD STUART comm for Ve against Anthony E. Banner.

P. 122 March Court 1848 A report of the settlement of the account of HESTER WEBB guardian of Margery WEBB having lain over for exceptions and none being taken is ordered to be recorded.

p. 129 April Court 1848 on the petition of ROBERT L. JOHNSON who produced the sheriff’s receipt for the tax imposed by law and entered into hand with the condition according to law, with William Lindsey his security according to the law in the penalty of $150 license is granted him to keep an ordinary at his house in Hillsville until the next May term of the court, The court having testified that the said ROBERT C. JOHNSON is a man of good character not addicted to drunkenness or gaming.

p. 131 April court 1848 REZIAH JOHNSON against MELINDA HARRELL On an appeal from the judgment of a justice of the peace for this county in favor of the said MELINDA HARRELL against the said REZIAH JOHNSON on a trail of the right of property in a certain bed and furniture on on which property an execution in favor of the said JOHNSON against Stephen HARRELL had been levied which was claimed by the said Melinda Harrell given on the 5th day of September 1846. This day came the parties by their attorneys whereupon sundry witnesses being sworn and examined as well for the plaintiff as for the defendant and all circumstances being considered that the same be affirmed and that the appellie Melinda Harrell recover against the appellant Reziah Johnson and John EDWARDS, his security , her costs by her about her defense in this behalf expended.

P. 134 June Court 1848 Grand Jury Members Benjamine BOLIN, Manoah Shockley,, Stephen Mallory, Elisha WALK, Joshua RICHARDSON, Andrew M. WHEELER, Randolph FELTZ

p. 149 Tuesday Jun 6 1848 Ordered that James EDWARDS son of Henry, John, Thomas BRANSCOME & Chalie JOHNSON be exempted from pay county levy and poor rates during the present.

p. 143 June court 1848 Robert ALLEN plt against Nancy CLOUD def This day came the parties by thier attorneys and the defendant by his attorney demurred generally to the plaintiff declaration and the plaintiff jons in the dis…. and the trial of this cause is continued until the next term.

p. 146 June Court 1848 the following claims against the county were examined by the court and allowed and were ordered to be paid out of the county levy for the present year to wit: Isaac BEAMER— Supervising board??? $3.00 Joshua FELTZ– for powder and work on road $3.80 John TERRY– for powder and work on road $ 34.35 Isaac EDWARDS– 3 young red foxes $.75 Samuel SPENCER– 2 young red foxes $.50 Walter McGEE–work on road allow heretofore $95.00

A deed from William Edwards to Andrew J. Edwards was acknowledged in the office by the said William EDWARDS to be his act and deed and was admitted to records 15 Jun 1848.

A deed from Stephen LANDRETH and wife to James Bryant was returned to court and with the certificate of acknowledgement and privy examination annexed was order to be recorded.

p. 154 Fielding L. Hale, Elkanah DEAN and A. C. Anderson here in court acknowledge themselves to owe and be indebted to the commonwealth of Virginia in the sum of $100 each of theirs respective good and chattels, lands and tenements to be levied for the use of said Commonwealth rendered. Yet upon this condition that if said Fielden L. Hale, Elkanah DEAN & and A. C. Anderson shall severally make their personal appearance before the judge of our Circuit Superior Court of Law and Chancery for this County on the first day of this next term and give such evidence as they know in behalf of the Commonwealth our Samuel QUATE? and shall not depart without leave of the said court, then this recognizance to be saved and to remain in full force.

Ordered that Joseph Johnson son of William be appointed surveyor of the road in room of John EDWARDS rescinded and that he with the usual hands keep the same in legal repair.

p. 158 August 1848 Ordered that Joseph HORTON and John WEBB overseers of the poor of this county do examine the person and circumstances of CRAWFORD FELTZ ward at the poor house of the county as a pauper and report to court at the next term.

p. 161 August 1848 Inventory and appraisal of the estate of HENRY EDWARDS dec was returned to court and was ordered to be recorded. An account of sales of the estate of Henry EDWARDS dec was returned to court and was ordered to be recorded.

p. 162 August 1848 SHADRACK ALLEN against Bakerville F. Covey By the consent of the parties by their attorneys, it is ordered that this cause and all the papers relating their to be sent to the Circuit Superior Court of law and chancery in this county. To be therein tried according to the act of the assembly in such cases provided.

p. 162 August 1848 ROBERT ALLEN plaintiff against NANCY CLOUD defendant. On motion of the defendant it is ordered that this cause be continued until the next term at the cost of the defendant.

p. 163 10 Aug 1848 Ordered that Samuel Croft be appointed surveyor of the new road through Fancy Gap, from the top of the mountain to the house where JAMES EDWARDS now lives, and that HUGH JONES be appointed surveyor of the road from the house of JAMES EDWARDS to the North Carolina line, and that their be but one precinct of the forks above named to said JAMES EDWARDS, around by the house of JOHN MORRIS and that JOHN MORRIS is to be appointed surveyor of the last named precinct, and that all former division of said road in the precinct be set aside.

p. 168 Sep court 1848 A deed from William Sumner to ISAAC BEAMER was acknowledged in the office by the said Sumner to be his act and deed and was admitted to record Aug 19, 1848.

p. 169 Sep court 1848 A deed from RICHARD HAWKS to Joshua Hanks conveying real estate in trust to secure Edward Hanks was acknowledged in the office by the said RICHARD HAWKS and Joshua Hanks to their act and deed and was admitted to records August 30, 1848.

p. 171 Sep 1848 an inventory and appraisement of the estate of JOHN HUFF dec was returned to court and was ordered to be recorded. Sale of the estate of JOHN HUFF dec was returned and ordered to be recorded.

p. 172 Sep 1848 Ordered that the road prescient from LEVI MONTGOMERY, to the Floyd County line be divided and that in future from LEVI MONTGOMERY’S to Levi Goads spring Branch form one precinct. and from Lewis Goad Spring Branch to the Floyd county line make one other precinct. Order that IRVIN MONTGOMERY be appointed surveyor of the said road from LEVI MONTGOMERY’S to Spring Branch and that the usual hands, keep up.

p. 173 John B. Mitchell (Plaintiff) & others cant read against RICHARD HAWKS, HENRY HAWKS, & BEN CARSON. on a motion on a bond taken for the …. of property on the day of sale. This day came the plaintiff by his attorney and it appearing from the oaths of the witnesses that the defendant have had legal notice of this motion, they were solemnly called but came not, therefore it is considered by the court that the plaintiff recover against the defendant $95.95 1/2 cents the penalty of the aforesaid bond. and his cost by him in this behalf expended. And the defendant in mercy…. But this judgment is taken discharged by the payment of 46.47 3/4 with legal interest from the 28th June 1848 until payment and the cost.

p. 174 Sept court 1848 William R. Matthew, Jonathan William & Esau Worrell person appointed to view a way proposed for a road from the old GOOD SPUR ROAD near HIRAM H. DEAN’S to intersect the new road at the top of the mountain near Samuel Crofts, this day returned a report in the following words to wit: ” In obedience to an order whereupon the court being of the opinion that the road applied for will be convenient to the public road….. it is ordered that L. Fielden L. Hale and Elkanah Dean properties or land through which the said road is proposed is to be made have signified their consent there to in writing to the court. It is ordered that JOHN MORRIS, William Semones, & William Hill and Isaac Sumner surveyors of the road with their respective hand do make said road as received and hereby established under the supervision of ELKANAH DEAN who is hereby appointed as principal surveyor for that purpose.

p. 175 Sep 1848 A deed from ABNER DEAN & WIFE to Stanford H. O neal was acknowledged in the office by said DEAN and with the certificate of acknowledgment and privy examination was admitted to record. 19 Sep 1848

p. 180 Nov Court 1848 A deed from Robert Montgomery and wife to William H. Cook conveying interest from the benefit of Zachariah MONTGOMERY and other children of the said ROBERT MONTGOMERY and wife was acknowledged in court by the said ROBERT MONTGOMERY and the privy examination of Sarah Montgomery taken in court and recorded.

p. 185 Nov court 1848 On the motion of ELKANAH DEAN it is ordered that ISAAC BEAMER be appointed principal surveyor to superintend the opening of the new road from the Old Good Spur Road near HIRAM H. DEAN’S to intersect the new road near Samuel Chappels? at the top of the mountain in the place of the said ELKANAH DEAN heretofore appointed a superintendent for the purpose and that JOHN MORRIS, William Semones, William Hill, and Isaac Sumner help survey said road and make it.

p. 188 Dec Court 1848 the court doth appoint Andrew Jennings guardians of the infant children of JOHN HUFF dec namely Mary E. HUFF, Sarah J. HUFF & Lucy A. HUFF and the said Andrew Jennings with Jonathan Jennins and Jacob Huff his security entered into and acknowledged a bond in the penalty of $1000 with conditions according to law.

p. 188 Dec Court 1848 on the application of John Burcham it is ordered that James D. Cooley, Reuben BRANSCOME sen, William Kenny Jr. being first sworn for that purpose before the court … do view a way for proposed alteration in the PIPERS GAP road from CROOKED CREEK to the top of the mountain at Pipers Gap and report to the court of the proposed alterations.

p. 190 Dec court 1848 Ordered the overseers of the poor of this county do bind Mary Ann Hicks a poor girl aged about 10 years to Reuben Branscome as the law dictates.

p. 194 A deed from ELKANAH H. DEAN to John Watson conveying real estate and personal property in trust to secure Hale & Anderson was acknowledged in the office by the said ELKANAH H. DEAN and was admitted to record as to him 29 Jan 1849.

p. 196 Jan Court 1849 A deed from EDWARD HAWKS to RICHARD HAWKS was produced in court and with the certificate if acknowledgment annexed was ordered to be recorded.

p. 196 Ordered that DANIEL CARLAN be appointed surveyor of the Pipers Gap Road from SAMUEL SPENCERS tot he bridge in the mountains. And that the usual hands should help with the same.

p. 199 A deed from HENRY & ABNER DEAN to PETER L. BEAMER was fully proved in the office and admitted to record. Feb 17, 1849

p. 199 A deed from Annuel EDWARDS to Isaac B. EDWARDS was fully proved in this office and admitted to record. 17 Feb 1849.

p. 201 on motion of THOMAS PAYNE, who made oath and together with DANIEL CARLAN, & JOSHUA HAWKS JR. for his securities entered into and acknowledged a bond , in the penalty of $100 conditioned as the law directs, certificate is granted the said THOMAS PAYNE for attaining letters of administration on the estate of SUSANNAH DEAN on due form. Ordered that Joshua HAWKS, Barnett PAYNE, Edmund PAYNE, being first duly sworn for that purpose before a justice of the peace for this county do appraise in current money the personal estate of SUSANNAH DEAN dec which maybe to them produced as shown and return the appraisement under their hands to this court.

p. 207 ROBERT ALLEN (plaintiff ) agst NANCY CLOUD(defendant) This day cam the parties by their attorney and they do agree that all matters in controversy between them in this court be referred to the final care and arbitrament of JOSPEH B. SCOTT & JOSEPH MC MILLIAN and this … award to be made in writing be entered as the judgment of the court in this case.

p. 209 Wednesday March 7, 1849 A report of settlement of the … court of John Cock administrator of the estate of LEVI BOYD dec on the estate of the said decedent was returned to the court and was ordered to lie over for one term for exceptions to be taken there to.

p. 213 Apr court 1849 A deed from ANDREW HORTON & wife to John Watson conveying an interest in real estate to secure Hale S. Anderson and other was acknowledged in the office by the said ANDREW HORTON and with the certificate of acknowledgement & privy examination annexed was admitted to record March 08, 1849

p. 219 May 1849 Harrison COCK infant of Andrew Cock dec with leave of the court chose John WATSON as his guardian.

p. 228 Jun 1849 William Matthews foreman, Thomas HAWKS, Samuel R. WHEELER, Benjamin BOLEN, David Cane,, Garrett WILLIAMS, Zachariah MONTGOMERY, appeared in court and were sworn a grand jury.

Monday 4th June, 1849 the following claims against the county were produced in court amount allowed by the court and ordered to be paid out of the county levy for the present year. 1. Philipe B. Edwards one old red fox. $.50

p. 237? June 5, 1849 Tuesday. The Commonwealth against WILLIAM KENNY JR. indictment for failing to keep the road of which he is surveyor in legal repair. This day came the attorney of the commonwealth and the defendant by his attorney and thereupon came a jury: to with John Edwards, Hillory Jones, Harbard Branscome, , Samuel Hill, William Edwards, Bryson Edwards. Returned a verdict in the following words to wit: “We the jury find the defendant not guilty” Therefore it is considered by this court that the defendant be acquited and discharged.

July 1849 Ordered the Melton Stoneman be appointed surveyor of the public highway from Branscomes sawmill to the top of the mountain at Piper’s gap. in the room of John Phillips.

Monday 2nd July 1849 Ordered that NATHANIEL HAWKS be appointed surveyor of the public highway from the Bridge in the mountain to SAMUEL SPENCERS in the room of Daniel Carlan.. Ordered the GARRET WILLIAMS be appointed surveryor of the public highway from the Pine Branch to Little Reed Island in the room of John Worrell.

Aug 1849 Ordered that the overseers of the poor bind Mark BEAMER a poor boy of this county to a suitable person as the law directs.

Monday 6th Aug 1849A deed from JOSEPH COMBS to THOMAS EDWARDS conveying real estate was fully proved by the oaths of J. R. Sumner, & Bryson EDWARDS and Isaac EDWARDS subscribing witnesses thereto and ordered to be recorded. stopped p. 259

August 1849 the Commonwealth against Hillory Jones indictment for assault. This day came the defendant by his attorney and the jury to wit Andrew Cock, Manoah Shockley, Nicholas William, John D. Johnson, Randolph Felts, Etc and having heard the evidence returned a verdict in the following words. to wit. We the jury find the defendant guilty and assess his fine of $600.

August 1849 A deed from Josph COMBS to Thomas Edwards conveying real estate was fully proved by the oaths of J. R. Sumner, Bryson Edwrads, and Isaac Edwards subscribing witnesses thereto and ordered to be recorded.

p. 255 Joshua Hans Plt, against Nathaniel HAWKS def in case this day came again the defendant by his attorney and the plaintiff to whom a new new trail of this cause was franted at the June term of this court last upon condition that he would pay the cost of the rail then had failed anf refused to comply with the terms of the order granting said new trail, Therefore on motion of the defendant it is considered by the court that the plaintiff take nothing by his bill, but for his false clamor be in mercy. And that the defendant go thereof without day and recover against the plaintiff his cost by him wab

p. 255, William C. Long plt against Reuben BRANSCOME def in a writ of right continued until next court.

p. 260 September Court 1849 A deed of Bargain and sale from Thomas HAWKS and wife to Thomas Blair conveying real estate was retuned to the office together with the certificates thereon of acknowledgment and prvy examination was admitted to records. 8 Aug 1847

p. 260 Sept court 1849 a Deed of Bargain and sale from Richard HAWKS to Thomas Blair conveying real estate was proved by the oaths of Fielden L. Hale, A. C Anderson and James Anderson subscribed witnesses thereto and admitted to records August 8 1849.

Sept Term 1849 A report of settlement with House H. Kennry, & Silas Ward administrators of Henry EDWARDS dec having been returned to the last term and ordered to lie over one term for exceptions and no exceptions being yet taken to the said report the same was ordered to be recorded.

Sept Term 1849 Ordered that the overseers of the poor do bind Alfred PAYNE to Raleigh Thompson as the law directs.

Sept Term 1849 Ordered that Stanford H. Oneal, Lewis M. Johnson, John Edwards be appointed to allot the hands between John Morris, Calvin Mitchell, Brewer King & Greenberry M. Bobbitt surveyors of the roads and report the said allotment to court

Sept Term 1849 A deed a bargain and sale from Michael Bryant & wife, Joh LANDRETH and Stephen LANDRETH to James Landreth & wife was acknowledged in open court by the said Stephen Landreth and having been heretofore acknowledged in the clerks office by the said Michael Bryant & John Landreth and together with the certificate of privy examination was ordered to be recorded.

Oct 1849 Mitchell Lindey having made complaint to a justice of the peace of this county that Luke Beamer thier debtor was about to remove from this commonwealth so that the ordinary process of the law cannot be served upon him and the said justice having granted an attachment against the estate of the said luke BEAMER returnable to this court and the sheriff having made a return that he had summoned Isaab B. Edwrdsa as garnishee this day came the plaintiff by their attorney and the said Luke BEAMER being solemnly called by came not and the said Isaac B. Edwards was also Solemnly called but came not. and it being proved that the said Luke BEAMER is indebted to the plaintiffs the sum of $26.34 1/2 cents with the interest thereon from the 28 day of Aug 1848 it is therefore considered by the court that the plaintiff recover against the said Luke BEAMER the said $26.34 1/2 cent with legal interest thereon from the said 28th day of August 1848 until paid and their costs by them about this suit in this behalf expended.

Oct 1849 Ordered that John Melton be appointed surveyor of the Hillsville road from the survey by Joshua Felts to Branscomes saw Mill in the room of Isaac Sumner resigned and that with the usual hands he keep the same in legal repair.

Oct 1849 Ordered that Francis M Craw be appointed surveyor of the Pipers Gap Roads from Samuel Spencers to the North Carolina line in the room of David Easter resigned.

5 Nov 1849 Robert C. JOHNSON who has been duly appointed commissioner of the revenue for the count y of Carroll For the ensuing year this day retuned a certificate of his qualification before William C. Thornton a justice of the peace of this county which is ordered to be recorded.

Nov 1849 On the applicating of John Burcham to make certain proposed alteration i the Pipers Gap road from Crooked Creek to the top of the mountains at Pipers Gap.. This day James Cooley, Reuben Branscome, and William Kenny who were appointed at the December term of the court 1848 to view the said alteration returned a report thereof in the words after viewing the old road and considering the advantages and disadvantages both to the public and private individuals we propose the following alteration. leaving the old road at Crooked Creek goin up a branch of said Creek along a road which has been voluntarily opened not varying more than a rod. Therefrom in any place through the land of Robert Crawford and David Bowers and intersecting with the Pipers Gaps again at the top of the mountain.. We believe that this alteration would be an advantage both to the public and individual being a leveler and better road

Nov 1849 Hale & Anderson against Abner DEAN plaintiff in debt The judgment abstained at the rules not having been set aside and the plaintiff being now entitled to a final judgment, it is considered that the plaintiff record against the defendant $23.48 cents with legal interest from the 3rd day of June 1848, until paid, the debt and interest in the declaration mentioned and their costs by them about their suit in this behalf expended and the said defendant in mercy.

Dec 11, 1849 A deed from Wilson Ayers to Orville Anderson conveying real and personal property in trust to secure Nukools & Jennings was returned to court together with the certificate thereon of acknowledgement was ordered to be recorded.

Dec 1849 A writing purporting to be the last will and Testament of Thomas Jennings (dec) date 29 Sep 1849 was produced in court by Peter Jennings Executor naming in order Jonathan Jennings, Andrew J., James J. & James Dunwell & Nancy his wife children and heirs of said Thomas JENNINGS dec by their attorneys the will was contested and ordered held over. 4 Feb 1850 the will of Thomas Jennings was again produced in court and the children withdrew their opposition. Alexander AYRES & William R. Bobbitt said that Thomas J. Jennings signed and published the same in their presence and he was of sound sense and memory as far as they knew or believed. It was ordered that Andrew I. Durnell, Herbert Branscome and Vincent Stillwell appraise the personal estate of Thomas Jennings.

4 Feb 1850 A deed of bargain and sale from Fielden S. Hale & Evelina his wife to Samuel R. WHEELER conveying real estate with a certificate dates 19 Jan 1850, was ordered recorded.

4 Feb 1850 The overseers of the poor bind Absolom Bun a poor boy of the county to Hugh JONES.

4 Feb 1850 Hugh JONES this day produced credential of his ordination and also of his being in regular communion with the Baptist Church took the oath of allegiance to this Commonwealth and with William Lewis and Jesse Kickins his securities entered into and acknowledged a bond in the penalty of $1500 conditioned as the law direct whereupon his motion a testimonials is granted him in due form.

4 Feb 1850 A deed of bargain and Sale from William JOHNSON and Nancy his wife to Michael EASTER conveying real estate was returned to court and together with the certificates of acknowledgement and privy examination thereto was ordered to be recorded.

4 Feb 1850 A deed of bargain and sale from George Stone and Mary Ann his wife to Jeremiah EDWARDS, conveying real estate was proven in court by the oaths of J. R. Sumner, Abner Williams and James D. Cooley subscribing witnesses, and was ordered to be recorded.

Polly JOHNSON plt against John Wilson def in case. On motions of the plaintiff by her attorney it is ordered that the suit be dismissed at the cost of the plaintiff there being no appearance on the part of the defendant.

4 Mar 1850 The inventory and appraisal of the estate of Thomas Jennings.

March 1850 A deed of Bargain and sale from Isaac HUFF and Elizabeth his wife to the heirs of Peter HUFF dec conveying real estate was returned to the office and together with the certificates was acknowledgment and privy examination thereon was admitted to records 22 Mar 1850.

March 1850 Ordered the William Lewis, Lewis M. JOHNSON, Hugh JONES, John MORRIS, be appointed commissioners to superintend a precinct election to be held at the home of John EDWARDS (where he formerly lived) in this county on the 4th Thursday in this month April for the purpose of choosing a delegate to represent the counties of Carroll & Grayson Co in the next General Assembly of Virginia.

Ordered that Christopher Truman, John COCK, Harbert BRANSCUM, and Frederick Quenenberry be appointed Commissioners to superintend a precinct election to be held at John Carrolls in the county of the 4th Thursday of this Month April for the purpose of choosing a delegate to represent the counties of Carroll and Grayson in the next general assembly of Virginia.

May 1850 A deed of Bargain and sale from William JOHNSON and Nancy his wife to David EASTER conveying real estate was returned to the office and admitted to records 3 Apr 1850.

A Deed of Bargain and Sale from William JOHNSON and Nancy his wife to David Easter conveying real estate was returned to the office together with the certificates thereof and admitted to record. 3 Apr 1850

A deed of bargain and Sale from David MCMILLIAN to Daniel EASTER conveying real estate was returned together with the certificates thereof and was thereof admitted to record. 3 Apr1850

Apr 1850 A deed of bargain and sale from David CAIN and Deborah his wife to Brazzleton BEDSAUL.

Apr 1850 A deed of bargain and sale from William ALLEN to Littleton A. Morris was proven by the oaths of HOWEL H. DEAN & Williby Miller subscribing wit 28 Mar 1850.

May 1850 two deeds of bargain and sale from William JOHNSON and Nancy his wife to David EASTER conveying real estate dated 3 Apr 1850.

May 1850 A deed of bargain and sale from David MCMILLIAN to David EASTER conveying real estate dated 3 Apr 1850.

May 1850 Court On a motion of Robert C. JOHNSON, who produced the Sheriff receipt for $20 the tax imposed by law and together with Fielden L. Hale his security, entered into and acknowledged a bond in the penalty of $150 conditioned as the law direct, a license is granted to him to keep an ordinary at Hillsville in this county until the next may term of this court. The court being satisfied that the said Robert C. JOHNSON is a man of good character and not addicted to drunkenness or gaming.

May 1850 A deed of bargain and sale from Susannah COULSON to William Newman conveying real estate dated 24 Apr 1850.

6 May 1850 Ordered that Enock Hawk be appt surveyor the the Pipers Gap Road from James Wilkinsons mill to Ductchman’s branch.

Monday May 6, 1850 A deed of trust from Thomas PAYNE to Enock Hanks (Hawks) conveying real estate to serve Joshua Hanks dec was acknowledged.

16 May 1850 A deed of Bargain and Sale from Samuel R. WHEELER and Elizabeth his wife to Peter L. BEAMER conveying real estate was acknowledged in the office by the said Samuel R. Wheeler together with the certificate thereon of privy examination.

30 Jun 1850 On the motion of Samuel SPENCER who made oath and together with Fielden S. Hale his security entered into and acknowledged bond in the penalty of $40 conditioned as the law direct certificate is granted the said Samuel SPENCER for obtaining letters of Administration on the estate of Mary SPENCER dec in good form.

Jun 1850 a Deed of Bargain and sale from Edward JONES to Lemuel JONES conveying real estate was fully proved by the oaths of Newel JOHNSON, Levi F. Jones and F. M McGraw/ and was ordered to be recorded.

Tuesday Jun 4 1850 To Joseph COMBS for labor done on Pipers Gap Road $4.00 To Joshua FELTS for work not entered last year $27.50 To Phillip B. EDWARDS 1 young fox $.50 To William HURT for putting up sign board $1.00

Jun 1850 A deed of bargain and sale from Edward JONES to Lemuel JONES conveying real estate was proved on the oath of Newell JOHNSON , Levi F. JONES and F. M. McGraw

Tuesday 4 Jun 1850 It was proved to the satisfaction of the court that Mary Spencer was a pensioner of the U. S. at the rate of $33.33 cents per year & was a resident of the county, died the 30 March 1830 leaving the following children to wit Samuel SPENCER, Mary Collins, & the late Mary Spencer..

4 Jun 1850 Ordered that Lewis M. JOHNSON be appt surveyor of the fancy Gap Rd from Rocky Ford on the Mtn to James Edwards place in place of Brewer King.

6 Aug 1850 this day Robert C. JOHNSON produced an account of his services as commissioner of the revenues and the court having considered the 75 day requisite for said commissioner to perform the same. Certified by auditor.

Sep 1850 A deed of bargain & sale from William ALLEN to Littleton A. Morris bearing the date 15 day of Nov 1834 conveying real estate having been proven in the office by oaths of Howel H. DEAN and Williby Miller was proven in the office by the oath of John B. DEAN witness and was admitted to record 28 Aug 1850.

7 Oct 1850 A deed of bargain and sale form Reuben Branscome & Hannah his wife to William BOLIN bearing the date 10 day of Jan 1850 conveying real estate was admitted to record the 10 Sep 1850.

7 Oct 1850 On the motion of William LEWIS guardian of the infant children of Levi JONES dec. It is ordered that Joshua Hanks be appt a commissioner after first taking the oath to settle, state and adjust the account of said William Lewis & make a report to the court.

7 Oct 1850 A deed of bargain and sale from William JOHNSON to Green B. JOHNSON conveying real estate bearing date 27 Aug 1850 was returned to the court and ordered to be recorded.

7 Oct 1850 on a motion of Alexander AYERS who is confined to the jail of this county for want of surety to keep the peace it is ordered that said Ayers may be discharged from imprisonment by any justice of the county on his producing to the justice the consent thereof of Susannah AYERS the wife of Alexander Ayers & enter into a penalty of $100 with the condition that he will keep the peace and be of good conduct for 12 months especially towards Susannah Ayers.

7 Oct 1850 the last will and testament of James FARMER dec was proved by John Vaughn & James Anderson.

4 Nov 1850 Joshua Hanks (Hawks) plt against Jacob J. Dean & Henry H. Dean def on the motion of a bond taken for delivery of property on the day of sale. This day came the plaintiff and it appearing by the oath of a witness that the defendants had legal notice of this motion and were solemnly called and came not. That the plt recover gains the defendants $35 the judgment to be discharged by payment of $17.50 with legal interest from the 2 Sep 1850 until paid.

4 Nov 1850 A deed of bargain and sale from Reuben BRANSCOME & Hannah to Elisha WALK date 22 Mar 1848 conveying real estate ordered to be recorded.

Dec 1850 Ordered that Dempsy Jones be appts surveyor of the Volunteer Rd. from his house to Patrick Co., line.

Dec 1850 ordered that Henry P. WHEELER be appt. surveyor of the Fancy Gap Rd from Samuel SPENCERS to the N. C. line.

2 Dec 1850 A report of the settlement of the estate of John Huff Dec was returned by Andrew Jennings and ordered to be recorded.

P. 443 6 Jan 1851 A deed of bargain and sale from Joshua Turner to Elihu AYERS bearing the date 13 Nov 1847 conveying real estate was proven by the oath of Morris Davis and Wilson AYERS. 24 Dec 1850 and was admitted to record.

Jan 1851 A deed of bargain and sale from Abner JONES to William EDWARDS conveying real estate dated 2 Oct 1846 was partially proven by the oath of Payson EDWARDS on 26 Oct 1846 having been further proven by the oath of Edward R. Campbell recorded 24 Dec 1850.

7 Jan 1851 A deed of bargain and sale from Richard HOUOKS to John D. JOHNSON conveying real estate dated 4 Jan 1851 was proven by Levi F. JONES and Jabez JOHNSON ordered to be recorded.

3 Mar 1851 A deed from Nathaniel HAWKS and Nancy his wife to Stephen PAYNE bearing the date 13 Jul 1850 conveying real estate was ordered to be recorded.

3 Mar 1851 A deed of bargain and sale from Lewis M. JOHNSON & Delia his wife to John A. Jones dated 2 Nov 1830 conveying real estate.

Mar 1851 A deed from Daniel Easter, Henry Hawks, Dury Hawks, Elizabeth Hawks, Mary Hawks, & Elizabeth Easter to John A. Jones bearing the date 12 Apr 1850 conveying real estate was produced in open court and ordered to be recorded.

3 Mar 1851 A deed of bargain and sale from Richard HAWKS & Nathaniel HAWKS & Nancy his wife to John D. JOHNSON bearing the date 2 Jan 1837? Conveying real estate was proven by the oaths of Levi F. Jones and Jabez Johnson wit. Ordered to be recorded.

3 Mar 1851 Pierce McMillon late of the county of Carroll who stands indicted of larceny in stealing one hog of the value of $4.00 of the good and chattels of one Richard Haynes was led to the bar in the custody of the Jailer of this court, thereof arraigned, and pleaded not guilty to the indictment, Whereupon came a jury to wit, Isaac Farmer, Andrew Cock, William Semones, James Bond William Cock, John W. Matthews, Annuel Summer, Edmumd Marshall etc., who being elected their and sworn the truth and heard the evidence returned a verdict; We the jury find the prisoner guilty and ascertain the term of his imprisonment, in the public jail of this court to be 12 days. and that he receive on his bare back thirty stripes which the sheriff of this county is directed to cause to be inflicted upon him on tomorrow at 12 o’clock noon. And thereupon the said pierce McMillian is remanded to jail.

March 1851 Abner Dean plt against Wm Lundy and Edward Hawks in Covenant This day came the plaintiff by his attorney and a jury to wit:…and the said jury being sworn diligently to enquire of damages in the suit and having heard the evidence returned a verdict in the following words: to wit “We the jury find for the plaintiff $83.00 damages with interest from November 1st 1830. Wherefore it is considered by by the court that the plaintiff receives against the defendants $83.00 for hid damages assigned as aforesaid with legal interest thereon from the said 1st day of November 1850 until paid and his costs by him about this suit in his behalf impended and the said defendants in mercy.

April 7, 1851 A deed of bargain and Sale from Greenberry Johnson & Polly Johnson to James Edwards bearing the date September 7, 1830 conveying real estate was returned to the office and with the certificate of acknowledgement thereon was admitted to record March 15th 1851.

April 6 1851 A deed of bargain and sale from Samuel Spencer & Nancy his wife to William Surratt bearing date the 22 of October 1830 conveying real estate was returned to the office and together with the certificates of acknowledgement and pivy examination therein was admitted to record.

April 5 1851 A deed of bargain and sale from John Jones & Edward Jones attorney for Elizabeth Carlin to William Allen bearing date the 25 Day of June 1833 conveying real estate having been subscribed by the oath of Harbert Branscome witness on the 28 August 1850 and ws further proven in the office by the oath of Alfred M. Oneal another witness and was admitted to record.

7 Apr 1851, Monday On the Motion of Nancy Hawks widow of Solomon Hawks dec who made an oath and together with Calvin Hawks her security entered into and acknowledged a bond in the penalty of $200 conditioned as the law directs certificate is granted the said Nancy Hawks for obtaining letters of administration in the estate of Solomon Hawks.

5 May 1851 A deed of bargain and Sale from Nathaniel Hawks & Nancy his wife to William Hawks bearing the date the 1st day of May 1851 conveying real estate was proven in open court by the oaths of Bryson Edwards and Henry Hawks. Ordered to be recorded.

May 5 1851 A deed of bargain and sale from Thomas & William Payne to Levi Payne bearing the date the 5th day of May 1851 conveying real estate was acknowledged in open court by said Thomas Payne and William Payne and was ordered to be recorded.

A deed of bargain and Sale from John Coulson and Enock Hawks to Nimrod Newman, bearing the date the 5th day of May 1851 conveying real estate was acknowledged by the said John Coulson and Enock Hawks and ordered to be recorded.

30 May 1851 A deed of bargain and sale from William Bolin and Rebecca his wife & Jesse Morris and Martha his wife to Isaac Beamer bearing the date the 27 Day of September 1850 conveying undivided interest in real estate was returned to the office together with the certificates thereon and admitted to record.

30 May 1851 the inventory and appraisement of the personal estate of Solomon Hawks dec ws returned to court and ordered to be recorded.

30 May 1851 ordered that Stephen Payne be appointed surveyor of the Pipers Gap road from Turkey Creek to the bridge in the mountain in room of James Snow who resigned.

2 June 1851 Abner Dean plt against Wm Lundy, J. R. Sumner and Isaac Beamer on a motion on a bond taken for the delivery of property on the dale of sale. This day came the plaintiff by his attorney the defendants had legal notice but they came not. Therefore it is considered by the court that the plaintiff recover against the defendant $197.98 the penalty of said bond and his costs. This judgment is to be discharged by the payment of $98.99 with legal interest thereon from the 7th day of April 1851 until paid. This judgment is subject to a credit of $31.37 paid August 17 1850.

4 Jun 1851 William P. Kirkbride plt against Elkanah H. Dean & Henry H. Dean in debt. Pleas waived and judgment for $31. 39 with legal interest thereon from the 17th of September 1849 until paid and the costs.

4 Jun 1851 Abraham Paul plt against Lucy (Leroy) Spencer this day came to parties by their attorneys and agree that this said be dismissed and that each party pay his own costs.

July 1851 A deed of bargain and sale from Daniel Carlin to Samuel Spencer bearing the date the 2 day of July 1844 conveying real estate was returned to the office and was admitted to record the 16 Jun 1851.

7 Jul 1851 a deed of bargain and sale from Samuel Spencer & Elizabeth his wife to Lewis Crotts bearing the date the 21 of June 1851 conveying real estate was returned to the office and admitted to record. June 21 1851

Monday July 7 1851 A deed of trust from Nathaniel Hawks to Enock Hanks conveying real estate to secure James D. Cooley bearing the date 7th day of June 1851 was acknowledged in the office by the said Enock Hawks and continued on the 21 Day of Jun 1851.

7 Jul 1851 Sarah Dalton, widow of Isaac Dalton dec having relinquished in writing her right to Administration on the estate of said descendant in favor of Amos Shockley, on motion of the said Amos shockley who made oath and together with Ira B. Coltrane, his security entered into and acknowledged a bond in the penalty of one thousand dollars conditioned as the law directs. Certificate is granted the said Amos Shockley for obtaining letters of administration in the estate of Isaac Dalton dec. in due form of law.

7 Jul 1851 Peter L. Beamer Plt against Elk H. Dean, Henry H. Dean, & Isaac Beamer def. On a motion on a bound taken by a court. for the delivery of property on the day of sale. This day came the plaintiff and it appearing that by the oath of a witness that the defendants have had legal notice of the motion they were solemnly called but came not. Therefore it is considered by the court that the plaintiff recover against the defendants $31 and the penalty of said bond and his cost by him about his suit in this behalf expended. And the said defendants in money: But this judgment is to be discharged by the payment of $15.50 with legal interest thereon from the 21 day of March 1851 until paid and the costs.

Monday August 4 1851 an indictment against John B. Dean for larceny endorsed a true bill.

Tuesday August 5, 1851 the commonwealth against John B. Dean on an indictment for larceny. This day came as well the attorney for the commonwealth and the defendant by his attorney who saith he is not guilty in manner and form as in the said indictment is alleged, and of this he puts himself upon the county and the attorney for the commonwealth likewise and thereupon came a jury to wit.

5 Aug 1851 Thomas Hawks having produced the sheriffs receipt for $2. 25 and proportionable of the tax imposed by law. On his motion a license is granted him to keep a house of private entertainment in this county until the next May term.

5 Aug 1851 A deed of Bargain and sale from Jordan Felts & Prudence his wife to Henry Hawks bearing the date the 16th day of Jun 1851 conveying real estate having been proven in the office int he 21 day of June 1851 by the oaths of Enoch Hawks, Bryan Edwards . .. was reviewed and ordered to be recorded.

5 Aug 1851 A deed of bargain and sale from Reuben Branscome & Hannah his wife to James C. Oneal bearing the date the 5th day of August 1851 conveying real estate was acknowledged in court by the said Reuben and Hannsh his wife appearing in court and being examined privately and the deed fully explained to her declared that she had willingly executed the same and does not wish to retract it. The said deed was ordered to be recorded.

5 Aug 1851 An inventory and appraisement of the personal estate of Isaac Dalton dec was returned to court and ordered to be recorded.

1 Sept 1851 An inventory and appraisement of the personal estate of Susannah Dean dec was returned to court and ordered to be recorded.

1 Sep 1851 Joseph Combs Plt against Levi & Polly Payne def on a motion on a bond taken by a court for the delivery of property of the day of sale. this day came the plaintiff by his attorney and it appears by the oath of the witness that the defendants have had legal notice of this court but came not. Therefore it is considered by the court that the plaintiff recover against the defendants $20.81 cents the penalty of said bond and his cost by him about this suit in this behalf. The payment is to be discharged by the payment of $10. 40 1/2 cents with legal interest from the 26th day June 1851 until paid.

Monday October 6 1851 A deed of bargain & sale from Andrew J. Durnill & Levinia his wife to Herbert Branscome, John Waters, and A. C. Phillips. conveying real estate bearing the date the 6th day of September 1851 was returned and recorded.

6 Oct 1851 A report of allotment of dower to Sarah Dalton widow of Isaac Dalton dec in the land of which her said husband died seized was returned to court and the said report being affirmed was ordered to be recorded.

6 Oct 1851 William Pl Kirkbride plet against Elk. H. Dean H. H. Dean, & John B. Mitchell Def on a motion on a bond taken for the delivery of property on the day of sale. This day came the plaintiff by his attorney and it appearing by the oath of a witness that the defendants have had legal notice of this motions and they were called but came not. It is therefore considered by the court that the plaintiff recover against the defendants $90.42 the penalty of said bond and his cost by him about his suit in this behalf expended, and the said defendants should pay $45.21 with legal interest therein from the 4th day of august 1851 until paid and the cost.

6 Oct 1851 Samuel Spencer for Ida W. Mc Clure Plt. against Lewis Crotts & Thomas Hawks def on a motion on a bond taken for the delivery of property on the day of sale. This day came the plaintiff by his attorney and it appearing by the oath of a witness that the defendants had legal notice of this motion but came not. Therefore it is considered by the court that the plaintiff recover against the defendants $127.96 the penalty of said bond and his cost by him about his suit in this behalf impended. this judgment is to be discharged by the payment of $63.98 with legal interest therein from the 12 day of July 1851 and the costs.

Nov 1851 term A deed of gift from William Hawks Sr. to John & Shadrack Hawks, conveying personal property bearing the date the 1st day of May 1851 was acknowledged in the office by the said William Hawks and admitted to record Oct 10 1851.

Nov 1851 Alexander Peine against William Lundy &Isaac Beamer def. in debt. The judgment obtained at the rules not having been set aside and the plaintiff being now entitled to a final judgement. It is therefore considered that the plaintiff recover against the defendant $65.25. The debt in the declaration mentioned with legal interest thereon from the 7th day of April 1851 until paid and his cost by him about his suit in this behalf impended.

Nov 1851 James Waugh plt against Jordan Felts def in debt. The judgement obtained at the fules not having been set aside and the plaintiff being now entitled to a final judgment. It is therefore considered that the Plt recover against the deft $37.93. The debt in the declaration mentioned with legal interest thereon from the 4th day of May 1857 and his cost.

5 Jan 1852 The last will and testament of Thomas Edwards dec was proven in court, by the oath of Amos Worrell, and James Edwards subscribing witnesses thereto, and is ordered to be recorded. and on the motion of Elijah Edwards, the executor therein named who made oath thereto and together with Jonathon R. Sumner, his security entered into and acknowledged a bond in the penalty of four hundred dollars conditioned as the law directs. Said certificate is grated the said Elijah Edwards for obtaining a probate and said will in due form.

5 Jan 1852 Monday, A deed of bargain and sale from Isaac Beamer to John Vass? bearing the date the 2nd day of January 1852 conveying real estate was acknowledged in open court, by the said Isaac Beamer and ordered to be recorded.

5 Jan 1852 On the application of Thomas Hawks, John Vaughan, Robert Crawford, and David Bowers are appointed viewers after being first sworn in to view a proposed alteration in the Pipers Gap Road from the bridge near said Hawks to his spring and report to the court if there should be an alteration especially whether any yard, orchard or garden or any part hereof will have to be taken should the alteration be made.

3 Feb 1852 James Waugh Plt against Rebecca and William Spencer def on report of a c… postponed until next session of court.

1 Mar 1852 with Jury being Isaac Edwards, Peter L. Beamer, Barnett Payne…and other found the following: An indictment against Joshua & Enock Hawks for breach of the peace, a true bill.

An indictment against Thomas Hawks for assault a true bill.

An indictment against Hugh Hawks for assault a true bill.

1 Mar 1852 a deed of bargain and sale from Jordan Felts & Prudence , his wife to Creed Felts, bearing the date the 9th day of February 1852 conveying real estate was acknowledged in court. start p. 619