Grayson County, Virginia Court Minutes — 1861

© 1999, J. C. Weaver

Virginia-At a montly court held for Grayson County at the Court House thereof on Monday thee 28th day of January 1861. Present Martin Fulton Presiding Justice and Hughes W. Roberts, Fielden Levisay, Charles Hale and Andrew Hampton other justices.

The following instruments of writing were admitted to record in the Clerk’s Offic of this court since the last term was produced in court examined and ordered to be spread upon the records of this court, viz:

A deed from George W. Cornett Commissioner to William Bourn and Peyton G. Hale was acknowledged in the Clerk’s office the 31st day of December 160 by said Cornett as his act and deed and admitted to be recorded.

A deed from Wm. Pugh & Elizabeth C. His wife to Robert P. Baker was acknowledged in the Clerk’s office the 10th day of January 1861 by said Pugh & wife as their act and deed she the said Elizabeth Pugh being examined privily and apart from her husband as required by law and admitted to be recorded.

A deed from John H. Barton to Robert P. Baker was acknowledged in the Clerk’s Office the 9th day of January 1861 by said Barton as his act and deed and admitted to be recorded.

A deed of trust from Jacob G. Hines to F. M. Hale to secure McLean & Hale was acknowledged in the Clerk’s office the 28th day of January 1861 by said Hines & F. M. Hale as their act and deed and admitted to be recorded.

A deed from William Howell to Landreth Ward was fully proved in the Clerk’s Office the 28th day of January 1861 by the oath of Harvey Hash a subscribing witness and admitted to be recorded.

A deed from William Howell to Landreth Ward was fully proved in the Clerk’s Office the 28th day of January 1861 by the oath of Harvey Hash a subscribing witness and admitted to be recorded.

Ordered that Clarke Porter be and he is hereby appointed General Overseer to superintend the opening of a new road now commencing at a point near Jesse Duval’s place and intersecting the Wilson Creek and South Fork Turnpike at or near the Hussey {?} Branch in room of Alexander Young resigned and that he proceed with Evan McCarroll, Wallen, Anderson, Andrew Young and Alexander Young overseers of roads and their companies of hands and open the same as make and law [illegible] and the shall overseers of roads aforesaid and hereby required to attend with their respective companies of hands when called on by said Porter General Overseer as aforesaid and will under his direction in the opening and completion of said road.

Warner Hale and Newell B. Pool who were by a former order of the Court appointed to allot hands between Andrew Robinson, Elijah Adams, Mark Sesler, Fielden Carr and Litrel Hampton overseers of roads this day made their report whcih was received by the court and lists ordered to be certified to the several overseers as reported.

Ordered that Wiley G. Young be and he is hereby appointed General Overseer to open a road from Ezekiel Youngs to Sylvester Halsey’s (Now Wm. Cox’s) and with the following overseers of roads and their respective companies of hands proceed and open the same to wit: Ezekiel Young, Levi B. Senter, Jeremiah Lovelace, and C. M. Senter, who are hereby required to attend where called on by said Wiley G. Young General Overseers as aforesaid with their respective companies of hands and work under his direction in the opening and completion of said road.

Upon the application of Thomas B. Hampton, it is ordered that Jackson Todd, Wm. Hampton and Wm. Harris be and they are hereby appointed reviewers to view the way from a proposed new road from the Cox’s farm road to the line Rile Hill and they report to this first impartially the conveniences and inconveniences that will result as well as to individuals as to the public provided said road shold be opened and established as proposed and especially whether any yard orchard or garden will be taken.

Upon the application of Lewis Haga for a review for a new road. Fielden Levisay, James M. Nelson and Hiram Jones who were at the last December term of this Court appointed to make said review this day made their report which report in their words to wit: “In obedience of an order of the County Court of Grayson County made at December term of said court we the [illegible] being appointed to view a proposed way for a new road leading from the top of Buck Mountain to intersect the Elk Creek road at or near Jacob Hackler’s, beg leave to report after a thorough examination of the ground along which said road is proposed to be conducted the undersigned are of the opinion that a good road may be made between the points aforesaid, commencing at the gap of Buck Mountain to the Elk Creek road & running as marked & graded by no through the lands of Wallen Jones, Fielden Levesay, Lewis Haga and are of opinion that the proposed road wwill be of great convenience to the public individuals & will be of no inconvenicence to the public individuals & will be of no inconveniecne to any individual that we know of and that will not take as much work to complete said road as has been reported all which is respectfully submitted by we now in our hands.

Fielden Levisay
James M. Nelson
Hiram Jones

And it appearing from said report that said new road if opened and established as reviewed will be of public benefit. It is therefore ordered that the same be opened and established as a part of the public highway and that Wallen A. Jones who is hereby appointed General Overseer proceed with Jacob Haga, S. M. Anderson, Nathan Ward, Samuel Bishop, Stephen Perkins, Levi Long, Wm. Parks and Lewis Haga Overseers of roads and their companies of hands and open the same as maked and laid out by the reviewers and the several overseers of roads aforesaid are hereby required to attend with their respective companies of hands when called on by said Jones General Overseers as aforesaid and work under his direction in the opening and completion of said road.

Ordered that Nathan Cox be and he is hereby appointed overseer of the precinct of road over which for Joseph Bryant had charge in the room of said Bryant resigned and with the following hands he keep the same in legal repair to wit: Joseph Bryant, Joseph Hash (Joe’s Son), Wm. Hash (Wm’s Son), Silas Ward, Zachariah Ward, Jr., Enoch W. Cox, Andrew Rutherford, Jr. John Rutherford, Jr., Jackson Rutherford, William Hash (A. Son), William Bryant, Benjamin Cox and Harvey Rutherford and Andrew Cox.

Upon the application of David Phipps for a proposed alteration in the road from the Mud Pike near Silas Wards passing Ballards Store and intersecting the Wilson Creek and South Fork Mud Pike near Johnson Thomas’s.

The reviewers made their report at the last term of this court which was received by the court and ordered to be spread upon the records anda summon awarded against the proprietors of the land through which the same passes to appear here on this day to shew cause why said alterations in the road should not be opened as proposed, and it appearing to the court that the proprietors of the land through which the same is proper to be conducted have given their consent in writing and are willing that the said alterations in the roads should be opened as proposed and the court believing the alterations in the road if opened will be of public benefit, it is therefore ordered that the same be opened and established as a part of the public highway, and that Isom Cox and Richard Rere(?) Who are hereby appointed general overseer to open that portion of said road last of the rop of Buck Mountain and there they with Jacob Haga, B. H. Phipps, S. M. Anderson, Enoch Hash, J. M. Lovelace, and Silas Ward, J. B. Cox, John Phipps, Zebedee Phipps, Elbert Cox and Nathan Cox overseers of roads proceed and open the same as marked and laid out by the reviewers and the several overseers of roads aforesaid are hereby required to attend with the respective companies of hands when called on by said Isom Cox & Richard Reeves General Overseers as aforesaid and assist in the opening and completion of the alterations in the road last of the top of Buck Mountain and that Granville Ross and Alexander Young he and they are hereby appointed General Overseers to open the alterations in the road as marked and laid out by the reviewers West of Buck Mountain and that they with William Parks, Lewis Haga, Levi Long, David Cole, Samuel Bishop, Nathan Ward, Alex. Young, Andrew Young, Evan McCarroll, & Hiram Mink overseers of roads and their hands proceed and open the alterations in said road west of the top of Buck Mountain and the several overseers of roads aforesaid are hereby required to attend with their respective companies of hands when called on by said Granville Ross, & A. Young, General Overseers as aforesaid and work under their direction in the opening and completion of the alteration in the road west of the top of Buck Mountain.

Upon the application of Jefferson Carr review for a new road.

Ordered that Minitree Jones, Sr., David Atkins & Cyrus Wilcox be and they are hereby appointed to view the way for a proposed new road from the Knob Fork now crossing New River to the Grayson Sulphur Springs road, and that they report impartially to this court the conveniences and inconveniences that will result as well to individuals as to the public provided said now should be opened and established as proposed and especially whether any yard, orchard, or garden will be taken.

Ordered that Jefferson Ring & Ephraim Boyer be and they are hereby appointed General Overseers in the place of Robert Carr resigned to finish opening a new road commencing at the Knob Fork Road near where Peter Butner formerly lived and intersecting the New Pike road near Talbot Wright’s and that they with John Ring, Churchwell Wright, Franklin Tomlinson, Bluford Pool, Jefferson Ring, Wealey Warrick, & Richard Duffey, overseers of roads, and their hands proceed and finish opening said road and the several overseers of roads aforesaid are hereby required to attend with their respecitive companies of hands when called on by said Jefferson Ring and Ephraim Boyer General Overseers as aforesaid and work under their direction in the opening and completion of said road.

Ordered that George D. Reeves overseer of the road & hands be and they are hereby relieved from work ing under Calvin Blevins who was at the September term last of this court appointed General overseer to open a new road across Whitetop Mountain till the further [illegible].

Upon the application of [blank] for a review of alteration in the road from the Mouth of Turkey Fork to the Big Run Gap, S. M. Fulton and Stephen Thomas two of thei persons appointed to make said review this day made their report which said report is in their words “In obedience to an order of the County Court of Grayson at its [blank] term 1860 the undersigned Eli Cornuitt, Stephen Thomas, and Samuel M. Fulton appointed to view the proposed alterations on the road leading from the mouth of Turkey Fork to the Big Run Gap having discharged their duty on the premises return the following report, that said alteration are of general and pulic convenience and much needed in the interests vicinity, that they can be made with a reasonable amount of labor on a good log team and not exceeding at any point 5 degrees besides showning [?] hills of considerable magnitude, it shortens the distance from one fourth to a half a mile, that said alterations pass through the lands of Jefferson Ring and Francis Cornutt and that they do not pass through any yard, garden or orchard, and the viewers further report that said Cornett claims no damages and that said alterations does not damage but is of advantage to said Ring and we suppose that he claims nothing as damage. And upon the whole, we are of the opinion that said alterations should be established, given under our hands and seals this January the 23rd, 1861.

S. M. Fulton {Seal}
Stephen Thomas {Seal}

And it appearing from said report that said alterations if made will be of public benefit, and that no person will be injured by the opening of the same; it is therefore ordered that Monroe Cornutt be and he is hereby appointed General Overseer for that purpose do with Francis Cornutt, Andrew Funk, Jessy Funk & S. M. Cornutt overseers of roads and their companies of hands proceed and open the same and the overseers aforesaid are hereby required to attend with their respective companies of hands when called on by Monroe Cornutt General Overseer as aforesaid and work under his direction in opening the alterations in said road.

Ordered that Talbot Wright & Francis D. Cornutt overseers of roads and their companies of hands be released from working upon or ascertaining in the opening of any new road excpet a new road leading from Elk Creek crossing the mountain at the Henderson Gap to Independence till said road be completed or the further order of this court.

A deed from Alexander Cornutt to Peter Catron was acknowledged by Alexander Cornutt as his act and ordered to be recorded.

A deed of bargain & sale from Peter Catron & Elizabeth his wife to Eli Daniel was produced in court and with the certificates of acknowledgement and privy examination are ordered to be recorded.

The Overseers of the Poor, Pltfs.
against
Lafayette Oglesby

This day came the parties by their attorneies and the defendant Lafayette Oglesby with the assent of the court agress to pay annually to the overseers of the poor of this county the sum of $12.50 for two years; the first payment to be made in the 1st day of March 1861 and the last payment to be made on the 1st day of March 1862 and thereupon the said Lafayette Oglesby with Mastin Fulton his security here in court acknowledges themselves to be jointly indebted to the Commonwealth of Virginia in the sum of $25.00 of their respective goods and chattles, lands and tenaments to be levied, yet upon the condition that if the said Lafayette Oglesby shall observe and perform the above order of this court against him as aforesaid then this recognizance to be void and it is further ordered that the said Lafayette Oglesby pay the costs of this proceeding.

[A marginal note indicates “Bastardy No. 1]

Robert P. Baker who was at a special election held on the 6th day of November in the year 1860 duly elected sheriff of the county of Grayson (to fill the vacancy occasioned by the failure of Stephen Thomas to give bond) to serve as such for the term of two years commencing on the 1st day of January 1861 and afterwards until his successor is qualified to enter upon the discharge of the duties thereof, this day appeared in Court and together with John K. Ballard, Robert Carson, Robert Young, Jonathan Roberts, John Baker, Allen P. Wells, Fielden Young and Richard Isom, his securities entered into and acknowledged a bond in the penalty of thirty thousand dollars conditioned for the faithful execution of the duties of his office, which bond is ordered to be recorded by the Clerk of this Court, who is also directed to transmit a copy of said bond and a copy of this order to the auditor of public accounts. And thereupon the said Robert P. Baker took the several oaths required by law.

James Dickey [illegible] Pltf against A. J. Sexton Deft. An investigation.

Service of notice upon Ephraim Gentry [illegible] being proved in Court it is ordered that this cause be [illegible] and continued till tomorrow.

On the motion of Sorr…. Perkins it is ordered that R. Rouse, Stephen Perkins, and John Ross be appointed to assign her dower in the land of her late husband, Andrew Perkins, deceased and report thereon to Court.

Ordered that Court be adjourned till nine o’clock tomorrow morning.

Hastin Fulton

Tuesday 29th January 1861.

Virginia at a montly court continued and held for Grayson County at the Court House thereof on Tuesday the 29th day of January 1861.

Present Hastin Fulton, Presiding Justice and Hughes W. Roberts, Fielden Livesay, Charles Hale, and Andrew Hampton, Other Justices.

William Sexton, Appellant
against
Andrew Baker, Appelee
Ordered that this cause be continued, and on the motion of the appellant it is ordered that a rule be made against Wesley Sebastian summoning him to appear here on the first day of March term of this court to shew cause, if any he can, why he should not be fined for his contempt in failing to appear here in this day having been legally summoned as a witness on behalf of William Sexton against Andrew Baker which summon is to be directed to the Sheriff of Smyth County to execute.

On the motion of Robert P. Baker, Wm. J. Neikirk, William R. Baker, John E. Roberts, Marvil Thomas and Stephen Clarke are appointed and permitted to qualify as his Deputy Sheriffs during pleasure and thereupon the said William J. Neikirk, Wm. R. Baker, John E. Roberts, Marvil Thomas and Stephen Clarke took the several oaths required by law.

On motion it is ordered that Fielden Young, David R. Pugh and John Mc. Phipps be and there are hereby appointed to assign dower to Ludema Phipps in the lands and slaves of her late husband Alexander Phipps deceased and report thereon to court.

Ordered that Joseph M. Young commissioner of this court states settlement and the administration account of Samuel Plummer with the estate of Joseph Plummer dec’d and report thereon to Court.

Stephen Thomas late sheriff of Grayson County and as such administrator of the estate of Zachariah Roberts deceased this day came into court and moved the court to release him as such administrator, whereupon the court doth order that [illegible] of said S. Thomas administrator as aforesaid be revoked and annulled and it is further ordered that Robert P. Baker Sheriff of this county take the estate of said Zachariah Roberts deceased into his posession not administered by Stephen Thomas, Sheriff and administer the same according to law.

Ordered that Joseph M. Young commissioner of this court be appointed to state settle and adjust the account of Stephen Thomas late sheriff and such administrator of Zacha. Roberts, deceased and report thereon to court.

The court doth appoint Jonathan Gentry a committee of the estate of Jonas Gentry a lunatic confined in the jail of Grayson County with full power to control said estate both real and personal and be subject to all the duties, liabilities and obligations as such, upon his entering into bond with appointed security in the penalty of one thousand dollars conditioned as the law requires, which lien may be entered into before the Clerk of this court in vacation.

A report and settlement with Troy Cox & Solomon Osborn Admin intractions of Felix Osborn, deceased was returned at the last term of the Court and ordered to be over for exception was again produced in Court and Alexander Osborn by his attorney objected to admitting the report and settlement to record and with the permission of the court filed his objections and it is ordered that the settlement and report be over for further proceedings to be had thereon.

Daniel P. Robinson, Pltf.
against
C. A. Witherowe, L. Oglesby & Wm. H. Oglesby, Securities of N. A. Callahan late constable of Grayson County in his official bond.
On a motion to recover money collected by N. A. Callahan as constable of Grayson County and failed to pay over according to law.

This day came the parties by their attornies and sundry witnesses being sworn and examined as well as the part of the plantiff as the defendants and the parties fully heard, it is considered by the court that this cause be dismissed and that the defendants recover against the plantiff their costs about their defense in this behald expended.

On the motion of W. M. Bourn and Robert Vaughn who made oath as Administator and together with Eli Cornett, Joseph Phipps Their securities, entered into and acknowledged a bond in the penalty of 1500$ conditioned according to law, certificate is granted them for obtaining letters of administration of the estate of Martin Bourn deceased, not administered by E. M. Bourn and Joseph Phipps whose letters of Administration formerly granted them are revoked and annulled in [illegible].

John Nite [sic – Knight] and Martin Adams who stand accused with felony were led to the bar in custody of the jailor of this court, and thereupon on the motion of the attorney for the Commonwealth and for reasons appearing to the court that the trial of the said John Nite and Martin Adams be postponed till the next term of this court and the said John Nite and Martin Adams is remaneded to jail.

T. J. Perkins
against
Granville H. Pool, late constable of Grayson County, Deft.

On a motion to recover money collected by said Pool as constable and failed to pay over according to law.

This day came the plantiff by his attorney as well as the defendant in his own proper person and agree that Judgment should be entered against the defendant for $75.20 & therefore it is considered by the court that the plantiff recover against the defendant $75.20cents with damages at the rate of 10 per cent per annum from the 1st day of December 1860 till paid and his costs in this behalf expended.

Kent, Paine & Kent, Pltf.
against
E. M. Bourn & Joseph Phipps, Administrators of Martin Bourn dec’d and Lewis B. Hale, Mastin Hale, Stephen M. Dickey & Wm. M. Mitchell securities of said Martin Bourn dec’d in his official bond as coronor of Grayson County.

David R. Pugh one of the securities of Joseph Phipps & E. M. Bourne in their official bond as Administrators of Martin Bourn, deceased having given notice at the last term of this court that he would no longer stand bond as such security, the court accepted his resignation as such and declared the said Administration to be vacant; and not at this day to wit, came the parties by their attornies and E. M. Bourn & Robert Vaughn having qualified as administrators of Martin Bourne deceased according to law and it further appearing to the court that the defendants have had legal notice of this motion, it is considered by the court that the plantiff recover against the defendants A. M. Bourn & Robert Vaughn Administrators as aforesaid and against Lewis B. Hale, Mastin Hale, Stephen M. Dickey and William M. Mitchell securities of said Martin Bourn dec’d in his official bond as coronor of Grayson County the sum of $131.74cents with damages thereon at the rate of 10 per centum per annum from the 3rd day of May 1858 till paid, to be levied first of the goods and chattels of the said Martin Bourn deceased in the hands of the said E. M. Bourn & Robert Vaughn to be administered, and it is further ordered that the plantiffs recover against the defendants their costs in this behalf expended.

Robert P. Baker, deputy for Stephen Thomas, sheriff of Grayson County this day returned to the court a list of delinquent lands in the western or district No. 1 in this County which was examined by the court and ascertained to be correct, and the clerk of this court is directed to certify a correct copy thereof to the Auditor of Public Accounts preserving the original list in his office.

John E. Roberts, Deputy for Stephen Thomas Sheriff of Grayson County this day returned to the court a list of delinquent lands in the eastern or district No. 2 in this County which was examined by the court and ascertained to be correct, and the clerk of this court is directed to certify a correct copy thereof to the Auditor of Public Accounts preserving the original list in his office.

Mauzy & Cooper, et. Al., Plft
against
Richard Billings heir of Alfred Billings, Deft.

In Chancery. On motion of James … Parks, John Billings, & Lynville J. Perkins who filed their petitions asking to be made [illegible] defendant to this suit, to share in their benefits and to be liable for their proportion of the costs; and Joseph M. Young accompanied appointed by this court to sell the land in the bill and proceeding mentioned, this day made his report to the court which was received, confirmed and ordered to be made a part of the record, whereupon it is considered by the court that the said Joseph M. Young be appoitned a receiver to collect & disburse the funds arising from the sale of the said land in the manner prescribed by law; but before he proceed to execute the orderes require of him by this order he sahll enter into bond with approved security before the clerk of this court in the penalty of 636$ conditioned according to law.

James Dickey & Sons, Pltfs
against
A. J. Sexton, Deft

On a suggestion of Ephraim Gentry who was summoned to appear here on the first day of this court to answer the suggestions [illegible] James Dickey & over that there is a liabliity on him by reason of the lein of them until of fine facias against A. J. Sexton appeared this day in Court and was permitted to answer said suggestions and being sworn states that he stands indebted to A. J. Sexton [sic] some brandy but does not know what amount, whereupon the court doth consider the brandy in the hands of said Gentry for the benefit of James Dickey & sons and it is further appearing to the court that the amount due from siad Sexton to James Dickey & sons is $8.20 cents with legal interest thereon from the 25th of March 1856 & $1.58 cents costs credited with $3.00 paid 15th December 1859 & 25 cents paid 20th August 1860. It is further ordered that E. L. Vaughn constable of this county make sale of the brandy condemed in the hands of said Gentry according to law and out of the proceeds of such sale (if sufficient) pay and satisfy the amount due James Dickey & sons and the costs of this proceeding.

On motion of Ephraim Boyer who made oath as administrator and together with Isaac Busick and Stephen Boyer his securities enter into and acknowledge a bond in the penalty of $1000 conditioned as the law directs certificate is granted to the said Ephraim Boyer for obtaining letters of administration on the estate of Caroline Boyer deceased in due form.

Ordered that Charles Hale, Franklin Tomlinson & A. M. Young being first sworn for that purpose do truly and justly appraise in current money the personal estate of Caroline Boyer, deceased, and return their appraisment under their hands to the court.

Elizabeth Caroline Carico, orphan of Joseph Carico, deceased with the approbation of the Court made choise of Andrew Hampton for her guardian, and the court doth assigne said Andrew Hampton guardian to Susan Jane & Marthan Ann Carico, orphans of Joseph Carico, deceased, and thereupon the said Andrew Hampton with Samuel Cox, Jr. & Wm. Hawkins his securities entered into and acknowledge a bond in the penalty of $1800 with condition according to law.

Joseph Phipps, & al., Pltf
against
John Isom, Deft.

In Chy. This cause came on this day to be heard upon the paper heretofore filed in the suit and upon the report of commissioner J. M. Young to which there being no exception the same is hereby certified; and it appearing to the court that the judgment filed in this suit constitutes a lein upon the lands of the said real estates and that the sales of the tract of land sold by the commissioners will not pay and statisfy the same, and it appearing to the court that there are other lands remaining unsold of the said Deft. Lying and being in Grayson County; the court doth therefore order [illegible] and decree that the land of the said deft. Remaining unsold be sold by J. M. Young a Commissioner appointed for that purpose to the highest bidder in front of the Court House the said lands after first advertising the same for at least twenty days previous thereunto taking bond with approved security for the payment of the payment except so much ready money as may be required to defray expenses of sale money made payable to himself as such commissioner and made payable there and six months after the sale of the said property and that the said commissioner report his proceedings in order to a final decree.

Daniel Moxley, Appellant
against
James Morgan, Appellee
On an appeal. On motion, it is ordered that this appeal be filed docketed and continued till the next term.

Jonas Gentry a lunatic confined to the jail of Grayson County was this day brought before the court, and it appearing to the court that he has been confined in jail since the 29th day of December last, it is ordered that James Dickey jail or in whose custody the said Jonas Gentry is, be allowed 35 cents per day for his support from the time of this committment till he be regularly discharged therefrom, to be paid in the manner now prescribed by law.

A sale an appraisment, bill No. 3. Of the Estate of William R. Dixon, deceased was this day returned to court and ordered to be recorded.

A settlement of the account of William Young, administrator of Sylvester Halsey deceased was this day returned to Court and ordered to lie over one term for exceptions.

Upon the application of Mastin Brewer for alterations in the Elk Creek road from E. Catron’s to the [illegible] ford on Elk Creek, ordered that John Ring, Stephen Thomas, & S. M. Fulton be and they are hereby appointed reviewers to make said review o the alteration in the road as proposed by Mastin Brewer, and that they report to this court impartially the conveniences and inconveniences that will result as well to individuals as to the public provided said alterations in the road should be opened and established upon and especially whether any yard, orchard or garden will be taken.

Ordered that William Bourne be associationed with Hastin Fulton, General Overseer to superintend the opening of a new road from Independence down Pine Branch to David Isoms and that he have the same power to warn and call out the overseers and hands who were appointed to assist in the opening of said road as is vested in said Fulton General Overseer aforesaid.

Ordered that James Hale be associated with Hastin Fulton General Overseer to superintend the opening of a new road crossing the Pine Mountain at the Henderson Gap and that he have the same power to warn and call out the overseers and hands who were appointed to assist in the opening of said road as is vested in said Fulton Genl. Overseer aforesaid.

Ordered that Jesse Funk, overseer of the road is hereby required to attend with his company of hands when called on by Charles Hale, General Overseer, and assist in opening a road commencing near the mouth of R. Fielders lane bearing to the right of the old road and intersecting again new Jerusalem Meeting House.

Upon the application of Charles Hale for alterations in the road.

Ordered that Ephraim Boyer, Randolph Fielder, & Thomas Burris be and they are hereby appointed reviewers to view proposed alterations in the road from the sign board at Charles Hales field to Randolph Fielders meadow and that they report to this court impartially the conveniences and inconveniences that will result as well to individuals as to the public provided said alterations in the road should be opened and established upon and especially whether any yard, orchard or garden will be taken.

Ordered that Mark Sesler, Elijah Adams & Lafayette Oglesby overseers of the road be and they are hereby required to attend with their respective companies of hands when called on by Litrel Hampton, General Overseer and assist in opening alterations in the road from the Cox’s Ford road to the east end of the Indian Ridge.

Ordered that Abner Jones be and he is hereby appointed overseer of the precint of road from the fork road east of Rosemond Hales to a large Chestnut on top of the hill east of Daniel Moxley’s in the room of Leeson Porter removed and with the same hands under the control of said Porter, who are assigned to work under said Jones overseer aforesaid he keep the same in legal repair.

Ordered that Abner Jones Overseer of the road be and he is hereby to attend with his company of hands when called on by Martin Fulton & James Hale, General Overseer and assist in opening a road across Pine Mountain at Henderson’s Gap.

James F. Vaught Plft. Against Rial Martin et. Al. Defts. Motion
William Sayers, Pltf. Against Wm. Dalton et. Al. Defts. Motion
David Garrison Pltf against Isaac Garrison, Deft. Appeal.
Farmers Bank of Va. Pltf. Against Dennis Fielder, et. Al. Defts. Notice
Same Pltf. Against Dennis Fielder, et. Al. Defts. Notice
Dennis Fielder, Pltf. Against J. F. Perkins & al., No. 5 Defts., Notice
Abijah Thomas Pltf. Aginst Martin Bourn & al. Deft. Notice
Dickenson & Dickenson pltf. Agianst Dennis Fielder & al., Notice
J. B. Young, Pltf, against Dennis Fielder, & al., Notice
James L. Bourn Pltf., against Lucy Austin, Deft., Appeal.
Stephen Carico, Pltf, against S. Thomas Admr of Z. Roberts, Deft., appeal.
Dennis Fielder, Pltf against Stephen Clark, & al. Deft, Notice
David Isom for [illegible] Pltf., against James Dickey, & al., Deft. Suggestion
James A. Roberts & al., Pltf, against Daniel F. Roberts, Deft, Road
James M. Bourn, Pltf, against Jerome Blair, Deft, appeal
Harden Cox, Plft, against L. J. Perkins, Deft. Appeal
George Bower, Pltf, against Joseph Plummer, Deft, Survey
Jackson B. Hash, Pltf, against Stephen Carico, Deft, in Chy.
Hash & Dickenson, Pltf against Isaac Plummer, Deft, in Chy.
John K. Ballard, Pltf, against Joseph Bonham, Deft, In Chy.
Ruben Cornutt, pltf, against John Comer & al, Deft. In Chy.
David Cornutt, pltf, against Wesley Anderson, Deft., In Chy.
Joseph Hampton, Pltf, against John Isom, Deft, In chy.
Warner Hale, Pltf, against James Hale, Deft, In Chy.
Plummer & Jones Pltf against Calvin Blevins, Deft, In Chy.
Thomas & Dickey, Pltf., against C. Porter & S. [illegible], Deft. In Chy.
John & Wm. B. Dickenson, Pltf, Against Martin Dickenson’s heirs, deft. In Chy.

Ordered that these several causes be continued.

It appearing to the satisfaction of the court that Elizabeth and Fielden Brewer were erroneously assessed with 168 acres of land for the year 1860 and the tax thereon amounts to $2.68 4/5 cents, it is ordered that the fact be certified to the auditor of public accounts in order that they may be repayed.

Ordered that Court be adjourned till Court in Course.

Hastin Fulton

Virginia In the Clerks Office of Grayson County 4th day of February 1861

Henry Waggoner for Alex. B. McMillan, Pltf.
against
Jonathan Gentry, committee of Jonas Gentry and Jonathan Gentry, Deft, in Debt

This day came as well the plantiff by his attorney as the defendant Jonathan Gentry committee of Jonas Gentry & himself in person who acknowledges the plantiff’s action for $376.57 cents the debt mentioned in the summons issued in this cause with legal interest thereon from the 28th day of August 1860 recover agains the said defendant Jonathan Gentry Committee as aforesaid against himself individually $376.57 with legal interest thereupon from the 28th day of August 1860 till paid and the cost.

Teste. Wm. B. Morgan, D. C.

Virginia In the Clerks Office of Grayson County 23rd day of February 1861

Andrew Hampton, pltf
against
John Isom, Sr., Deft.
In Debt. This day came the plantiff as well as the defendant in his own proper person and acknowledged the plantiff’s action for $385.81 cents the amount of the debt mentions in the summons. Therefore the said John Isom, Sr. acknowledges judgment for three hundred and eighty-five dollars and eighty one cents, with legal interest thereon from the 23rd day of February 1861 till paid & the costs.

Test. Jas. W. Ballard, C. C.

Monday 25 February 1861.

Virginia At a quarterly Court begun and held for Grayson County at the Court House hence thereof on Monday the 25th day of February, 1861.

Present Mastin Fulton, Presiding Justice and Bryan Darnall, John Stone, John W. Parsons & Randolph Collins, other justices.

The following instruments of writing admitted to record in the clerk’s office of this court since the last term was produced in court examined and ordered to be spread upon the records of this court viz:

A deed of bargain and sale from Osborn Reeves to M. N. Calloway was proved in the Clerk’s office the 4th day of February 1861 by the oath of John Reeves as subscribing witnesses thereto and continued for further proof.

A deed from William Farmer & Patsey his wife to Minitree Porter was acknowledged in the Clerk’s office the 4th day of February 1861 by William Farmer as his act and deed and admitted to recorded us to him, and proved by the oath of Jeremiah Poe a subscribing witness thereto as to Patsey Farmer on the 4th of February 1861 and continued for further proof and on the 23rd day of February 1861 fully proved as to Patsey Farmer by the oath of Newton Anders a susbscribing witness thereto and admitted to record as to her.

A deed of bargain & sale from Enoch Osborn to Jonathan Osborn was acknowledged in the Clerk’s office the 4th day of February 1861 by Enoch Osborn as his act and deed and admitted to be recorded.

Stephen F. Anderson forman, Jones Kirk, Freeling Young, Lewis Ward, Samuel Perkins, Wm. C. Hash, Stephen Boyd, H. J. Perkins, Wade H. Weaver, John Bedwell, Robert G. Carson, Constantine W. Robbins, James M. Bourn, Granville M. Rhudy, Jacob Delp, Joseph H. Stone, Mitchell Wright, and Madison B. Dickey were sworn as a grand jury of inquest for the body of this county and having received their charge were sent out of court to consider of their presentments and after some time returned into court and not having finished there presentments were at a late hour adjourned over until nine o’clock tomorrow morning.

On the motion of Robert G. Carrington who hath been duly licensed to practice the law in the courts of this commonwealth hath leave to practice in this court and thereupon took the several oaths required by law.

Ordered that Joseph M. Young be assigned as counsel to defend Martin Adams and John Nite who stand charged with felony and that he be allowed the sum of ten dollars in each case to be levied for in the next county levy.

Stephen Perkins & John W. Ross who was by an order made at the last term of this court appointed to allot dower to Laurinda Perkins in the lands of her late husband Andrew Perkins deceased this day made their report to the court, which is ordered to lie over one term for exceptions.

An appraisment of the personal estate of Caroline Boyer deceased was this day returned to court and ordered to be recorded.

An appraisement and sale bill of the personal estate of Thomas Phipps deceased was this day returned to court and ordered to be recorded.

A deed of bargain & sale from Jacob A. Hackler to Fielden B. Parks was acknowledged in court by said Hackler as his act and deed and ordered to be recorded.

Absent Byron Darnall, Esqr. Present Andrew Hampton, Esqr.

The Court proceeded to the examination of John Night charged with the commission of a felony to wit: that he did on the 27th day of August 1860 in the County of Grayson divers to wite: About eighty bank notes for the payment of divers sums of money in the whole amounting to the sum of six hundred dollars being bank notes and the property of E. W. Law, felloneously steal, take and carry away.

The Prisoner was set to the bar in custody of the jailor of this court, and on motion of the attorney for the commonwealth and for reasons appearing to the court this cause is continued till the first day of the next term of this court and the said John Night was remanded to jail.

James Gammon and Burton Hawkins, Jr. this day appeared in court and acknowledged themselves to be severally indebted to the Commonwealth of Virginia in the sum of 100$ each of their respective lands and tenements goods and chattels to be levied, and for the use of the Commonwealth rendered; yet upon this condition that if the said James Gammon & Burton Hawkins, Jr. shall severall make their personal appearance before the justices of the County Court of Grayson on the first day of March Court next to give evidence on behalf of the Commonwealth against John Night and shall not depart thence without the leave of the said court then this recognizance is to be void.

Thomas Snodgrass who was duly summoned to appear here on this day was a witness on behalf of the Commonwealth against John Night was solemnly called but came not on the motion of the attorney for the Commonwealth it is ordered that the attachment he issued against the said Thomas Snodgrass for his contempt returnable here at the first day of the next March term of this court directs respectively to the sheriff of Smyth, Washington, and Scott Counties to execute.

Cornelius White, W. D. Northingham & J. W. Day who were duly summoned to appear here on this day as witnesses on behalf of the Commonwealth against John Night was solemnly called but came not on the motion of the attorney for the commonwealth, it is ordered that the said. C. White, W. D. Northingham & J. W. Day be summoned to appear here on the first day of the next term, should be issued against them for said contempt and sent to the sheriff of Scott County to execute.

On the petition of A. F. Gregory who produced to the court the sheriff’s receipt for the tax imposed by law a license is granted him to sell by retail at his store house on Elk Creek in Grayson County wine, ardent sprits or a mixture thereof until the next April term of this court, the court being satisfied that he is a man of good charachter and not adicted to drunkeness [illegible] and see no objection to such permission being granted.

Martha Ann Phipps orphan of Alexander Phipps deceased with the approbation of the court made choice of Isom Cox for her guardian, who together with Solomon Osborn his security, entered into and acknowledged a bond in the penalty of $3000 with condition according to law.

Columbus Phipps orphan of Alexander Phipps deceased with the approbation of the court made choice of Stephen Thomas for his guardian, who together with Allen P. Wells his security, entered into and acknowledged a bond in the penalty of $3000 with condition according to law.

Absent John W. Parsons, Esqr. Present Bryon Darnall, Esqr.

A deed from Fielden Livesay & Eve his wife to Enoch M. Livesay was acknowledged in court by Fielden Livesay as his act and deed and with the certificate of acknowledgement and privy examination of Eve Livesay [illegible] ordered to be recorded.

James Dickey jailor of this County produced in court a claim against the Commonwealth amounting to eleven dollars and ten cents for committing and dieting Jonas Gentry a lunatic from the 29th December 1860 to the 30th January 1861 which being sworn to in open court was examined allowed and ordered to be certified to the auditor of public accounts for payment.

James Dickey of this County produced in court a claim against the Commonwealth amounting to $32.45 cents for committing and dieting Amy Ward a lunatic from the 20th November 1860 to the 20 February 1861 which being sworn to in open court was examined and found correct the same is ordered to be certified to the auditor of public accounts for payment.

Martin Adams charged with having on the 9th day of January 1861 in the County of Grayson in the night time of that day in said county feloniously and burglariously break and enter the store house of John C. Greer, with intent the goods and chattels of the said John C. Greer then and there feloniously and [illegible] to steal take and carry away, one pocket book of the value of two dollars fo the goods and chattels of the said John C. Greer, and fifty pounds of coffee of the value of ten dollars of the goods and chattels of John C. Greer and eight promisory notes for the payment of one hundred dollars and of the value of $100 dollars of the goods and chattels of the said John C. Greer and judgments obtained before an acting justice of the county aforesaid upon notes due for the payment of $25.00 dollars of the goods and chattels of the said John C. Greer in the store house then being in the county aforesaid feloneously and burglouriously did steal, take and carry away.

The Prisoner was set to the bar in custody of the sheriff of this county whereupon the court proceeded to examine said Martin Adams for the offense aforesaid and not having heard all the evidence the further examination of the said Martin Adams for said offense was adjourned till tomorrow morning nine o’clock and the said Martin Adams was remanded to jail.

Martel Lasure having obtained an attachment against the estate of Henry C. Austin who had previously removed out of this county or absconds or conceal himself so that this the ordinary process of law cannot be served upon him for $36.11 cents due by account, and E. L. Vaughan a constable of Grayson County having made return that he had executed the said attachment by Summoning Daniel Moxley & Lewis F. Austin as garnishees this day came as well the plantiff by his attorney as the said garnishee Lewis F. Austin in his proper person, who being sworn declared that he had in his possession a note executed to the defendant Henry C. Austin by G. H. Moxley for $16.00 due the 24th July 1860 also a note executed to same by Mark Jones for $7.00 due 25 December 1858 credited with $3.50 cents with al date also an account against Kesiah Allen deceased for $1.30 cents which notes and account belonging to the said Deft. And the Deft. Henry C. Austin not appearing though solemnly called, and it appearing to the plantiff the sum of $35.57 cents it is considered by the court that the plantiff recover against the said defendant the sum of $35.57 cents with legal interest thereupon from the 28th day of January 1861 till paid and his costs by him expended in this behalf expended; and it is consdiered that the said Granville H. Moxley pay to the plantiff the aforesaid sum of $16.00 with legal interest, also the said Mark Jones pay the pltf. The aforesaid sum of $7.04 cents with legal interest [illegible] to account of $3.50 cents and also Kesiah Allen pay to the plantiff the aforesaid sum of $1.0 cents towards satisfying this judgment.

Ira Isom for Elliott & Drewry, Pltf
against
Ezra Collins & John Collins, Defts
In debt. This day came the parties by their attorneis and the defendants field their plea of payment in writing sworn to in open court and the plantiff his application thereto, whereupon the judgment obtained in this office against the defendants is set aside and the trial of the said issues is defered until the next quarterly term of this court.

John R. Isom, for Wm. O. Hampton, Pltf
against
H. H. Todd & A. J. Todd, Defts
This day came the parties by their attorneys and the defendants pleaded payment to which the plantiff by his attorney replied generally and issue thereon and the defendants filed at the same time an account stating the nature of the payment are set aside of which he desires to prove, whereupon the judgment obtained in the office against the defendants is set aside and the trial of the said issues is defered until the next quarterly term of this court.

Armsted Todd for Wm. O. Hampton, Pltf
against
Aaron G. Davis, Deft.
In Debt. This day came the parties by their attornies and the defendants pleaded payment to which the plantiff by his atto. Replied generally and issue thereon, and the defendant filed at the same time an account stating the nature of the payments and set aside which he desires to prove and leave [illegible] the defendants to file a special plea in writing whereupon the judgment obtained in the office against the defendant is set aside and that trail of the said issues is defered until the next quarterly term of this court.

Ordered that court be adjourned till nine o’clock tomorrow morning.

Hastin Fulton

Virginia at a Quarterly Court continued and held for Grayson County at the Court House thereof on Thursday the 26th day of February 1861.

Present: Hastin Fulton, Presiding Justice and Bryon Darnall, John Stone, Randolph Collins and Andrew Hampton, other Justices.

A Settlement and report of the administration account of Samuel Plummer, Administrator of Joseph Plummer dec’d was this day returned to Court and ordered to lie over one term for exceptions.

George Bower & als.Pltfs
against
Allen P. Wells, Defts
Upon a garnishee. On motion of Samuel Cox & Jesse Plummer they are made parties to the above cause, and on further motion and by consent of parties the matter in controversey are refered and submitted to [illegible] and final award of Wm. Terry whose decision shall be final between the parties and entered as the judgment of the court & cause continued till tomorrow.

Ordered that John C. Harrington be and he is hereby appointed a Special Commissioner to rent out to the best advantage the lands belonging to the estate of Ambrose Perkins, deceased, until the 15th day of November next, and that he take bond, with good security payable to himself as such commissioner for the same and report his proceedings to the Court.

Dennis Wright & Co. For James Nelson, Jr., Pltf.
against
Henry A. Talman, Deft.

Upon a suggestion. Stephen Thomas & Wm. Pugh who were summoned to appear here on this day to answer the suggestions of the plantiff in this cause and to day what liability they are [illegible] or what effects if any they have in their hands belonging to the defendant Henry F. Talman, appeared in Court and being sworn states that they have nothing in their hands belonging or coming to the defendant Henry F. Talman, therefore it is considered by the court that this cause be dismissed at the costs of the plantiff.

John K. Ballard, for William Perkins, pltf
against
John C. Harrington & Laurinda Perkins widow of A. Perkins dec’d, Deft.
Martin Perkins, pltf.
against
John C. Harrington & Laurinda Perkins widow of A. Perkins dec’d, Deft.
This day came the parties by their attorneis and the defendants filed their pleas of payment and set offs sworn to in open court and the plantiff by their attorney replied generally and issue being joined whereupon the judgment obtained in the office against the defendants is set aside, and the trial of the said issues is defered until the next quarterly term of this court.

Martin Adams charged with having on the 9th day of January 1861 in the night time of that day in said county feloniously and burglariously break and enter the store house of John C. Greer, with intent the goods and chattels of the said John C. Greer then and there feloniously and [illegible] to steal take and carry away, one pocket book of the value of two dollars fo the goods and chattels of the said John C. Greer, and fifty pounds of coffee of the value of ten dollars of the goods and chattels of John C. Greer and eight promisory notes for the payment of one hundred dollars and of the value of $100 dollars of the goods and chattels of the said John C. Greer and judgments obtained before an acting justice of the county aforesaid upon notes due for the payment of $25.00 dollars of the goods and chattels of the said John C. Greer in the store house then being in the county aforesaid feloneously and burglouriously did steal, take and carry away was this day again set to the bar in custody of the jailor, of this county, and the court having fully heard the evidence are of opinion that the said Martin Adams ought to be tried for the said offense by the Circuit Court of this county, but admit him to bail in the sum of $50.00 with security in the like sum of $50.00 whereupon the said Martin Adams together with William Halsey and Riley Adams his securities acknowledged themselves to be indebted to the Commonwealth of Virginia in the sum of $100.00 one half of which to be paid by the said Martin Adams and the residue by said securities, yet upon this condition that if the said Martin Adams shall appear before the judge of Grayson Circuit Court on the first day of the next term of this court then the recognizance is to be void otherwise to remain in full force and virtue.

John Weiss, Senr., Allen A. Adams, John C. Greer, Eli Comer, Morgan Boyer & Sanders Carter, came into court and acknowledged themselves to be severally indebted to the Commonwealth of Virginia in the sum of one hundred dollars each of their respective lands and tenaments goods and chattels to be levied for the use of the Commonwealth rendered, yet upon the condition that if the said John Weiss, Sent., Allen A. Andrews, John C. Greer, Eli Comer, Morgan Boyer & Sanders Carter shall severally make their appearance before the Judge of Grayson Circuit Court on the first day of the next term as witnesses for the Commonwealth against Martin Adams charged with felony and shall not depart thence without the leave of said court then this recognizance to be void.

The Grand Jury appeared in court according to their adjournment and were again sent out of court to consider their presentments and after some time returned into court and presented:

An indictment against Mc. Wardon for assault, endorsed “a true bill.”
An indictment against Mc. Wardon for assault, endorsed “a true bill.”
An indictment against Mc. Wardon for carrying concealed weapons, endorsed “a true bill.”
An indictment against Mc. Wardon for carrying concealed weapons, endorsed “a true bill.”
An indictment against Matthew Perry for failing to keep precinct road in repair endorsed “a true bill.”
An indictment against Creed Adams & Jerome Hash for a breech of the peace endorsed “A true bill.”
An indictment against John Pinion & George Owens for a breach of the peace endorsed “a true bill.”
An indictment against Cecil Halsey & Andrew Senter for a trespass endorsed “a true bill.”
An indictment against John Pinion & George Owens for a breach of the peace endorsed “a true bill.”
An indictment against Eli Pugh & John Adams for a breach of the peace endorsed “a true bill.”
An indictment against John C. Baker & John Treadway for a breach of the peace endorsed “a true bill.”
An indictment against Martin Adams for a breach of the peace endorsed “a true bill.”
An indictment against Martin Adams for a breach of the peace endorsed “a true bill.”
An indictment against Jackson Hash for an assault endorsed “a true bill.”
An indictment against Minitree Hale for an assault endorsed “a true bill.”
An indictment against Mc. Meador & Robert Porter for voluntarily fighting endorsed “a true bill.” An indictment against Nathan Shelton for retailing ardent spirits endorsed “a true bill.”
An indictment against Byron Hash for a breach of the peace endorsed “a true bill.”
An indictment against Joshua Moss for an assault endorsed “a true bill.”

And the said Grand Jury having nothing further to present were discharged.

Ordered that due process of law issue upon the foregoing indictments returnable to the first day of the next quarterly term of this court.

Commonwealth
against
John Treadway, Deft,
Upon an indictment for a breach of the peace. This day came the defendant in his own proper person with the assent of the court and the attorney for the commonwealth confessed judgment for fifty cents fine and the costs therefore it is considered by the court that the commonwealth recover against the said defendant the fifty cents fine aforesaid and her costs by her about her suit in this behalf expended.

Commonwealth
against
Jacob C. Baker, Deft.
Upon an indictment for a breach of the peace. This day came the defendant in his own proper person and with the assent of the Court and the attorney for the Commonwealth confessed judgment for fifty cents fine and the costs therefore it is considered by the court that the commonwealth recover against the said defendant the fifty cents fine aforesaid and her costs by her about her suit in this behalf expended.

Commonwealth
against
George W. Delp, Deft.
Upon an indictment for a trespass. This day came as well the attorney for the commonwealth as the defendant by his attorney who moved the court for leave to withdraw his plea heretofore filed in this cause which motion being argued was overruled, and the defendant for [illegible] that he is not guilty in manner and form as in the indictment against him is alledged and of this he puts himself upon the country and the attorney for the commonwealth doth the like and thereupon came jury No. 1 except George W. Delp and S. M. Cornutt in his stead to wit: S. M. Sutherland, Martin Hale, Harden Cox, Esqr., Jackson Phipps, Lacy Austin, Alexander Cornutt, S. M. Cornett, Andrew Farmer, Jesse Funk, Marion Anderson, Zachariah Osborn, & Wm. Halsey, who being elected tried and sworn the truth to speak upon the issue joined and having heard the evidence and arguments of counsel were sent out of court to consider their verdict and not being able to agree upon a verdict was at a late hour adjourned over till tomorrow morning nine o’clock.

James M. Bourn, Pltf
against
Jerome Blair, deft.
On an appeal. The parties by their attornies mutually agree to submit all matters in difference between them in this suit to the final determination of Robert G. Carrington and John H. Melton and there verdict or the award of such person as they shall choose for an umpire thereupon is to be made the judgment of the court and the same is ordered accordingly & cause continued till tomorrow.

Eli Comer presented in court a claim against the commonwealth amounting to $5.50 cents for arresting Martin Adams under a warrant from a justice of Grayson Court & traveling 18 miles in going and the same in returning in conveying said Adams to the jail in Grayson County & summoning seven witnesses for the Commonwealth which was examined by the Court found correct and ordered to be certified to the auditor of public accounts for payment.

Sanders Carter presented in court a claim against the commonwealth amounting to $4.35 cents for Guarding Martin Adams charged with felony 1 day & traveling 18 miles in going and the same in returning in conveying said Adams to the jail of Grayson County being sworn to in court which was examined by the court found correct and ordered to be certified to the auditor of public accounts for payment.

Morgan Boyer presented in court a claim against the commonwealth amounting to $4.35 cents for Guarding Martin Adams charged with felony 1 day & traveling 18 miles in going and the same in returning in conveying said Adams to the jail of Grayson County being sworn to in court which was examined by the court found correct and ordered to be certified to the auditor of public accounts for payment.

Mauzy & Cooper & al. Pltf, against Richard Billings & als., Defts In Chancery.
On the petition of Isaac Barton who filed his petition asking to be made party defendant to this suit be [illegible] and to be liable for his proportion of the costs. Thereupon it is ordered that said petitioner be made party defendant said allowed the benefits and legal remedies which the law gives him as such and it is further ordered that Wm. B. Morgan be appointed special comissioner to take an account between the parties to this suit in order to ascertain the priority of the claims against estate of Alfred Billings, deceased, and Richard Billings heir of said A. Billings dec’d, and report his proceedings to their court.

Thomas & Dickey, Pltf.
Against
Clark Porter & Zacha. Roberts Administrator, Defts.

In Chancery. A. M. Davis a commissioner appointed by this court to sell the town lots in the bill & proceedings mentioned this day made his report to the court which was ordered confirmed, ordered to be made a part of the record.

Ordered that court be adjourned till nine o’clock tomorrow morning.

Hastin Fulton

Virginia At a quarterly court continued and held for Grayson County at the court house thereof on Wednesday the 27th day of February, 1861.

Present: Hastin Fulton, Presiding Justice and Bryon Darnall, John Stone, Randolph Collins and Andrew Hampton, other Justices.

Joseph Phipps & als., pltf
against
John Isom, Deft
In Chancery, ordered that Joseph M. Young be appointed a receiver to collect and disburse the funds arising from the sale of the land mentioned in the report filed in this cause in the manner prescribed by law, but before he proceed to execute the duties required of him by this order he shall enter into bond with approved security before the clerk of this court in the penalty of $960.oo conditioned according to law.

Commonwealth
against
James Halsey, Deft
Upon an indictment for an assault. This day came the defendant in his own proper person and with the assent of the court and the attorney for the Commonwealth confessed judgment for fifty cents fine & the costs therefore it is ordered by the court that the Commonwealth [illegible] the said defendant the fifty cents aforesaid and her costs about her suit in this behalf expended.

Commonwealth against Cecil Halsey Deft. Upon an indt. For a trespass.
same against Andw. Senter Deft. Upon an indt. For a trespass.
This day came the defendants in their own proper person and with the assent of the court and the attorney for the Commonwealth confessed judgment for the costs therefore it is ordered by the court that the Commonwealth [illegible] the said defendant the fifty cents aforesaid and her costs about her suit in this behalf expended.

Commonwealth against Ro. Porter, Deft. Indt. For voluntarily fighting.
This day came the defendant by his atto. And sayeth that he is not guilty as in manner and form as in the indictment against him is alleged and of this he puts himself upon the Country and the commonwealth doth likewise and the trail of the issue is defered till the next quarterly term of this court.

George Bower, & al., Pltf.
against
Allen P. Wells, Deft.
Upon a garnishee. This day came the parties by their attorneys & Wm. Terry to when the determination of the matters in difference between the parties was submitted by an order of this court made on yesterday this day returned his award in these figures and words to wit:

“The undersigned whom has been refered the matters in controversey in the above cause, after having heard the testimony & explanation of the parties returned the following award– The decree in the case of Joseph Plummer against Allen P. Wells, principal interest & costs to 24th July 1860 after deducting seventy dollars paid by said Wells to Wm. H. Cook, amount to $184.90 & the undersigned further allows to Wells the [illegible] of Gordon Perkins $1.25 and two tickets for the year 1859 $3.99 leaving due from said wells the sum of $179.66 and the undersigned direct that after the payment of costs of garishee & fee of arbitration the following debts shall be paid in the following order of their priority upon the fund to wit: To Samuel Cox $32.80, interest from the 15 March 1853 & 30 cts. Subject to the following credit $.200 paid 14 Sept. 1853 & $6.00 Sept. 27, 1853 & 72/100 dollars paid March 25, 1859. To F. Greer for the benefit of Jesse Plummer $21.00 with interest from 20 Nov. 1858 & 30 cts costs to George Bower the sum of $148.77 with interest from 11 Sept. 1851 and $6.71 cents costs subject to credit of $50. Paid Sept. 25, 1853 or so much thereof as may remain of the said sum of $179.66 with interest from the 24 July 1860 to this day after paying the above mentioned.

All of which is respectfully reported.

Arbitration fee $5.00

Wm. Terry Arbitrator

Recd. Payment Wm. Terry.

Thomas & Dickey, pltf.
against
Roberts & Porter, Defts
In Chy. This cause came on again to be heard on the parties heretofore read & the report of commissioner A. M. Davis to which there being no exceptions the same is hereby affirmed, And it appearing to the court from the report of the com’r. That he dols the town lots in the bill mentioned on the 1st of Jany. 1861 before the front door of the court house after advertising the same according to the terms of the deceased on a credit of six months except the costs &c. That Ste. M. Dickey became the payment of costs of suit & expenses of sale & executed his note with Jacob Hackler as surity for $38.00 due July 1st 1861 leaving a bal. Of $2.00 yet due for costs, and it further appearing to the court from the report of the Cmr. that the pltf are willing to accept the note of Dickey & Hackler as its present value to wit: $37.23 cts. In part payment of their claim against Defts. In consideration whereof it is therefore adjudged ordered & decreed that the said Comr. do deliver to the Pltfs the said note to be received by them as payment of $37.23 on their debt: and it is further adjuged ordered & decreed that the said Comr. upon the payment of the $2.00 yet due do make the said Dickey a deed of conveyance for said land with special warranty & the said Comr. is hereby allowed the sum of $3.00 for making said deed, which is ordered to be [illegible] in the costs of this suit, and that he report his proceedings to this court.

Jacob Hackler, Pltf
against
Celia Roberts & al., Defts
In Chancery. This cause came on this day to be heard upon the bill the answer of A. M. Davis guardian ad litem for the infant defendant, the paper filed and was argued by counsel and it appearing to the court that the defendant Celia Roberts has been duly [illegible] 2 months and she having failed to appear & answer the bill as taken for conferred and it appearing to the court from this the [illegible] marked (A) filed in the bill that Jacob Hackler had paid to Zachariah Roberts in his life time of our hundred & forty dollars for a tract of land containing 30 acres more or less lying in Grayson County on the waters of Fox Creek, and that said Hackler do now indebted toa deed of conveyance, conveying the land in the bill and exhibit marked (A) mentioned it is therefore ordered and decreed by the court that G. W. Cornett by appointed a commissioner to make a deed to said Hackler conveying to him with special warranty the tract of land in the bill mentioned containing 30 acres more or less, and it is ordered that said Hackler pay the costs of this suit and if he refuses the defendant may have execution issue against him for the same and the ends for which this suit was initiated having been obtained it is ordered that this cause be stricken from the docket.

Lewis Dixon, Pltf
against
Hezekiah Dixon, & al., Defts
In Chancery. This cause came on this day to be heard before upon the bills the answer of A. M. Davis, guardian ad litem for the infant defendants the papers filed, and were argued by counsel, and it appearing to the court that the bill has been filed in this cause for three months, and that the defendants are now residents of Virginia, and that an order of publication has been published 4 weeks in the “Mountain News” and notice posted on the Court House door according to law and that the defendants having failed to appear and answer the bill is taken for confessed, and it appearing to the court that the tract of land belonging to the estate of Wm. R. Dixon, deceased is not susceptable of partition in kind among the parties interested therein but is liable to be sold, and proceeds divided among the parties, it is adjuged ordered and decreed by the court that the land belonging to the estate of Wm. Dixon deceased be [illegible} to sale and that G. W. Cornett be appointed a commissioner to sell all the land in the bill mentioned after notice for 30 days posted on the door of the court house, and at Bridle Creek and that he sell on a credit of 6 months taking notes with security payable to himself and report to court.

Weldon Edwards for Creed & Clark Nuckolls, Pltfs
against
Elizabeth Craig, deft.
In Chancery. This day came [illegible] on this day to be heard upon the bill the papers filed and was argued by counsel and it appearing to the Court that the process awarded in this cause has been executed upon the defendant for more than 2 months and she having failed to appear and [illegible], the bill is taken for confessed, and it appearing to the court that the law in the bill mentioned is liable to be sold for the purchase money thereof and that the rents and profits would not pay the debt in five years; it is ordered adjudged and decreed by the court that the trial of law mentioned in the bill be expresed to sale and that Geo. W. Cornett who is appointed a commissioner for that purpose do ex… to sale the said lands in front of the courthouse & 2 other places in Grayson County and sell the said land on credit of 6 months except costs of suit and expense of sale which he is to collect on day of sale, and take notes payable to himself commissioner and report to court.

J. P. Byrd, pltf
against
Montgomery Bourn, & others, defts
In Chancery. This cause ame on this 27th day of February 1861 upon the bill the papers filed and was argued by counsel and it appearing to the court that the process awarded in this cause has been [illegible] executed in all the defendants according to law except Johnson Bourn & wife who were non residents of Virginia and that the defendants having failed to appear and answer the Bill is taken as confessed, and it appearing to the Court that the land in the bill mentioned is susceptable of partition amond the heirs interested therein, it is therefore adjudged orderd and decreed by the court that the land belonging to the estate of Martin Bourn deceased be allotted in equal shares among all the heirs of Martin Bourn, deceased and that Robert Vaughn, Charles Hale & A. M. Young be appointed commissioners for that purpose and that they proceed to make equal partition in kind and value of the land of Martin Bourn deceased among the heirs having to guard to the widow’s dower, and, that they amke suitable meets and bounds of each ones lot, or parcel of land and return a plot of the same to this court, and report their proceedings to the next term of this court.

J. W. Vaughn for &c., Pltf
against
Wm. Pugh & Jacob Hackler, Defts
In Chancery. This cause came on this 27th day of February 1861 upon the Bill the papers filed and was argued by counsel and it appearing to the court that the process awarded in this cause had been executed upon the defendants were then 2 months and they having failed to appear and answer the bill is taken for confessed, and it appearing to the court that the debt in the bill mentioned has not been paid and that the note mentioned in the bill for $300 was executed for a tract of land in Grayson County whcih was bound for its purchase money and is liable to be exposed to sale for the payment of the debt in the bill mentioned it is therefore adjudged, ordered and decreed by the court that the tract of land in the bill mentioned containing 70 acres be exposed to sale and the proceeds thereof applied to the payment of the debt in the bill mentioned and that G. M. Cornett be appointed a commissioner to sell the said [illegible] of land after [illegible] on the court house door and other public places for 30 days and that he sell the same in front of the court house door on a credit of 6 months except costs and expenses of sale which said Cornett is to collect on day of sale and pay over to the parties entitled and take bond with security payable to himself will report to court.

James M. Bourn, appellant
against
Jerome Blair, Appellee
On an appeal from a judgment of a Justice of the Peace. This day came the parties by their attorneys, and the arbitrators to whom the determination of the matter in difference between the parties was submitted by an order of the court made on yesterday this day returned their award in these words to wit:

We the undersigned arbitrators by an order of the county court of Grayson County at the February term thereof, do render the following award, that the appellee Jereome Blair recover from the appellant James M. Bourn the sum of twenty-five dollars with legal interest from the 28th day of April 1858 & his costs given under our hand this the 26th day of February 1861.

J. H. Fulton
R. G. Carrington

In confirmation whereof it is considered by the court that the appellee recover against the appellant $25.00 with legal interest thereon from the 28th day of April 1858 till paid and his costs by him in this behalf expended.

James N. Green a constable of Scott County presented in Court a claim against the commonwealth amounting to $115.60 cents for services rendered by himself and two guards in affecting the arrest of John Nite charged with felony & conveying him from the jail of Scott County to the jail of Grayson County which claim being examined by the court and found correct is ordered to be certified to the auditor of Public accounts for payment.

Commonwealth
against
George W. Delp, Deft
Upon an indictment for a trespass. This day came the parties by their attornies and the jury sworn to [illegible] to try the issue in this cause appeared in court according to their adjournment and were sent out of court to consult of the verdict and after some time returned into court and declared that they could not agree in a verdict, whereupon by consent of the parties and with the assent of the court, Harden Cox, Esqr one of the jurors was withdrawn and the rest of the jury rendered a verdict discharged and the cause in continued till the next term for a new trail to be had therein.

Commonwealth
against
Edmund M. Allen, Deft
Upon an indictment for [illegible]. This day as well as the attorney for the Commonwealth as the defendant by his attorney and the defendant for plea sayeith that he is not guilty in manner and form as against him in the indictment is alleged and of this he puts himself upon the country and attorney for the Commonwealth doth the like and thereupon the cause jury No. 2 except Nathan Ward & Jackson Ross. E. L. Vaughn & F. S. Thomas in their stead to wit: Wm. E. Stone, Samuel M. Cornett, David Sheets, E. L. Vaughn, F. S. Thomas, E. S. Cox, Levi Delp, Emory Perkins, E. W. Greer, John Davis, Landers Ward & John R. Pool, who being elected tried and swear on their oath to speak upon the issue joined having heard the evidence and arguments of counsel returned the following verdict, “We the jury find the defendant not guilty.” Therefore it is considered by the court that the defendant be discharged from all further prosecution upon the indictment aforesaid.

Commonwealth against Andrew Hash, Deft. Indictment for an assault

Commonwealth against Charlotte Dooley (Alias) Phelps, Deft.
Upon an indictment for fornication. The attorney for the Commonwealth with the assent of the Court saith that he will not prosecute any further upon the indictment aforesaid, Therefore it is considered by the court that the defendant be discharged from all further prosecution upon the indictment aforesaid.

Commonwealth against Wm. Hale, Deft. Upon an indt. For “an assault.”

Same against Gideon Shepherd, Deft., upon an indt. For “an assault.”
The capias awarded against the defendants at the last quarterly term being returned not executed on motion of the Attorney for the Commonwealth a new capias is awarded against each of the defendants returnable here on the first day of the next quarterly term.

Commonwealth
against
Edmund McCormick, Deft.
Upon an indictment for larceny. The capias awarded against the defendant at the last quarterly term being returned not executed on motion of the Attorney for the Commonwealth a new capias is awarded against each of the defendants returnable here on the first day of the next quarterly term.

David Garrison, appellant
against
Isaac Garrison, Appellee
On an appeal from judgment of a justice of the peace awarded by the appellee against the appellant the 30 day of June 1855 for $13.55 cents.
This day came the parties by their attornies who being fully heard and the issues alluded maturely considered it seems to the court that there is error in the judgment aforesaid and the court proceeded to give judgment as the justice should have given, therefore it is considered by the court that the judgment aforesaid be reversed and that the appellant recover against the appellee hs costs by him about his appeal on this behalf expended.

Lafayette Oglesby, Pltf
against
Thomas M. Oglesby, Deft.
In debt. This day came the parties by their attornies and the defendant filed a plea of payment and set offs but the defendant only claiming payment and set offs to the amount of $269.00 it is ordered that the plantiff may have judgment for the residue of his demand, therefore it is considered by the court that the plantiff recover against the defendant $131.00 with legal interest thereon from the 12th day of October 1854 till paid and the costs and the cause is continued as to the residue of the demand.

Stephen M. Dickey, Pltf, against Lewis F. Austin, Deft. Case
Stepehn Pugh for E. T. Perkins, Pltf, against John F. Greer, Deft., Case
This day came the parties by their attornies and the defendants saith that they are not guilty in manner and form as in the plantiff’s declaration against them is alleged, and of this they put themselves upon the country and the plantiffs likewise and the trial of the issues is differed till the next quarterly term of this court.

Milton Perkins, Pltf
against
John C. Harrington, Admr & L. Perkins Admix of A. Perkins, dec’d, Defts,
Case. This day came the parties by their attorneys and the defendants saith that they did not assume upon themselves in manner and form as the plantiff against them hath complained and of they they put themselves upon the country and the plantiff likewise and the defendants also pleaded payment to which the plantiff by his attorney replied generally, and the said defendants filed at the same time an account stating the nature of the payments and set offs which they desire to prove, and the defendants at the time time filed a special plea in writing to which the pltf replied generally whereupon the judgment of [illegible] in the office against the defendants is set aside, and the trail of said issues is deffered until the next quarterly term of this court.

S. J. Boyer, Pltf, against Peyton G. Hale, Deft., Case
This day came the parties by their attorneys and the defendant pleaded payment and set offs to which the plantiff by his attorney replied generally and lien given the plantiff to file. Special plea in writing and issue being joined judgment obtained in the office against the defendant is set aside and that trail of the said difference until the next quarterly term of this court.

C. H. Hoffman, Pltf
against
Jacob A. Hackler, [illegible}, Defts.
In debt. This day came the parties by their attorneys and the defendant saith that he hath well and truly paid the debt in the declaration mentioned and of this he puts himself upon the country and plantiff doth the like and the trial of the issues is differed until the next quarterly term of this court.

Wm. Pugh & A. B. Elliott, Admirs of Wm. C. Spurlin, Dec’d, Pltf
against
Ira Isom & Thomas J. Robinson, Deft
In Debt. This day came the parties by their attorneys and the defendants pleaded payment to which the plantiffs by their attorney replied generally and issue therein; and the defendants filed at the same time an account stating the nature of the payment and set offs which they desire to prove, whereupon the judgment obtained in the office against the defendants is set aside and the trial of the said issues is differed until the next quarterly term of this court.

John Dickenson, Pltf.
against
F. M. Nelson, Wm. R. Dickey, & Granville H. Matthews, Defts
In Debt. This day came the parties by their attorneys and the defendants Wm. R. Dickey & Granville H. Matthews filed their plea and writing to which the plantiff by his attorney replied and issue thereon whereupon the judgment obtained in the office against the defendants Dickey & Matthews is set aside and the trial of the issues is differed until the next quarterly term of the court.

W. H. A. Spear for Jno. Roberts, Pltf, against John South, Deft., in debt
Ira Isom for Elliott & Drewry, Pltf, against Joshua Moore, Deft, in Debt
On motion of the plantiffs by their attorneys, it is ordered that there causes be dismissed.

Ordered that the following [illegible] hands be assigned to work under Wm. C. Austin overseer of the road to wit: Joseph M. Young, Robert P. Baker, Milton J. Jones & Bay Ben, Charlie Burks, John Brown, Wm. Waugh, George W. Cornett, Joseph Moore, C. R. Jones, Gentry & Thomas Herbert and the clerk ordered to certify the same to said Wm. C. Austin overseer as aforesaid.

Ordered that Enoch Osburn, Nathan Perry & John Taylor, Jr. be are they are hereby assigned to work under Matthew Perry overseer of the road and the clerk of the court is ordered to certify the same to said Perry Overseer as aforesaid.

Ordered that the following additional hands be assigned to work under F. S. Thomas overseer of the road to wit: Alfred Bedwell, E. L. Vaughn, Wilburn Barton, H. B. Bagwell, Harvey Porter, A. J. Porter, Osker Hale, John Robinson, J. A. Bartley, Wm. Porter, Jr., Felix Bedwell it is ordered that the clerk of thsi court certify a list of said hands to said Thomas overseer as aforesaid.

Ordered that Mc. Wardon, Marvil Thomas, & Eli Spurlin be and they are hereby assigned to work under A. J. Spurlin overseer of the road, And the Clerk of this Court is ordered to certify a list of the said hands to said Spurlin Overseer as aforesaid.

Ordered that Thomas Finley be and he is hereby appointed overseers of the precinct of road from the State line to Weaver’s Mill in the room of Isaac Francis resigned with the list of hands to be certified to him he keep the same in legal repair.

Upon the application of Mastin Brewer for alterations in the Elk Creek road from E. Catron’s to the Pine Ford.

S. M. Fulton, Stephen Thomas, & John Ring who were at the last term of this court appointed to make said review, this day made their report, which said report in the following words to wit: “In obedience to an order &c. Which is received by the court and ordered to be filed, and it appearing therefrom that the alterations in said road if opened and established as marked and laid out by the reviewers will be of public convenience and upon a more durable location than the old road, and that the damages allowed the proprietors of land through which the same passes are reasonable, and they are willing to accept the same, it is therefore ordered by the court that the same be opened upon the northern location, and that Alexander Cornett be and he is hereby appointed General Overseer for that purpose, proceed with F. D. Cornett, Andrew Funk, Rufus Perkins, S. M. Hale, Jefferson Ring, Mastin Brewer, Talbert Wright, George Warrick, & John Ring overseers of the road and their companies of hands proceed and open the same, and the several overseers aforesaid are hereby required to attend with their respective companies of hands when called on by Alexander Cornett General Overseer as aforesaid and work under his direction in the opening of the alterations in said road.

Upon the application of Elijah Callison for new road [illegible] at the cross road meeting house near Andrew Robinson and intersection a road near David Isoms.

S. M. Dickey & John Boyer who were appointed by and order of this court to make said review, this day made their report which said report is in these words: “In obedience to an order of the county court of Grayson County pronounced at the August term 1860 to us directs to view a new road leading from the Cross Roads meeting house near Andrew Robinsons to intersect a road at David Isoms, your commissioners commenced at said Meeting house and wil the old road near Andrew Robinsons shop then turning to the left down the branch running with the grade to New River and down the River to some large apple trees to a New ford on New River then near the house of Elijah Collins and by the house of Meredith Vaughan thence up the branch on the brink of the hill to David Isoms said road runs through no orchard nor garden and the land holders along said road makes no objection to said road running through their land, your commissioners graded said road at 3 degrees and at no point the road will exceed 3 degrees your commissioners would recommend the opening of said road and believe it will injur no person and be a great convenience to the public provided said road was made said location, and completely staked and blazed all which is very respect. Submitted this February 20th, 1861.

S. M. Dickey
John Boyer

Which said report is received by the court and ordered to be filed.

Upon the application of Thomas B. Hampton for alterations in the road from Cox’s Ford road to the Lime Kiln Hill, A. J. Todd & Wm. O. Hampton who were appointed to make said review this day made their report in these words. In obedience to an order of the County court made at the Jan. Term 1861 to us directed have reviewed an alteration in the road leading from Coxes Fork Road to the Lime Kiln Hill as reviewers report as follows that said road or alteration does not interfer with the yard, orchard, or garden of any person, and all the persons through whose land said alterations pass agree that the road may pass and we think said alteration will be a benefit to individuals and not a disadvantage to the public at large and can be made without any cost to the public.

A. J. Todd
William O. Hampton

Which report is received and ordered to be filed.

Settlement & report with Wm. Young administrator of Sylvester Halsey, dec’d was returned at the last term of this court and ordered to lie over for exceptions read again provided in Court and no exceptions being taken thereto the same is ordered to be recorded.

An Inventory appraisement and sale [illegible] of the personal estate of Alexander Phipps, deceased, was this day returned to court and ordered to be recorded.

A deed from J. B. Parks & Sarah his wife to Sarah Durham was proved in the office the 24th December 1860 as to J. B. Parks by the oath of B. H. Phipps as subscribing witnesses thereto and continued for further and on the 25th day of Feburary 1861 was fully proved in office as to J. B. Parks by F. Levisay a subscribing witness thereto and admitted to be recorded as to him.

John Hash, pltf against John Wright, Deft., tresspass
Samuel M. Hale, Pltf, against Lewis Hale, Deft., debt
Commonwealth, Pltf against Geo. Bobbett, Deft [illegible]
J enkins Roberts & Co., Pltfs against Peyton G. Hale, Deft, case
Kent, Paine & Kent, Pltf, against Edward Neikirk & Co, Deft., case
David Jayne & son, Pltf, against Edward Neikirk & Co., Deft., case
David Jayne & son, Pltf against Fulton Darnall & Co., Deft, Case
Jesse Reaves, Admir, Pltf., against M. N. Calloway, Deft., Debt
Jesse Reaves, Admir, Pltf, against J. M. & M. N. Calloway, Defts, Debt
Kincannon & Sanders, Pltf, against Wm. Rhudy, Defts, case
Josiah Halsey, Pltf, against Daniel Moxley, Deft, Debt
Dennis Wright, & Co., Pltf against Charles Sexton, Deft, Debt

Ordered that these several causes be continued until the next quarterly term.

James A. Schoolfield & Co., Pltf against Amos Pickle Deft, Debt.
This day came the parties by their attorneys and by mutal consent it is ordered that this cause be continued till the next quarterly term.

James F. Vaught, pltf, against Rial Martin & als. Defts, Motion
William Sayers, pltf against Wm. Dollin & als. Deft, motion
Farmers Bank Va. Pltf against Dennis Fielder & als., Defts, notice
same Pltf against same defts., notice
Dennis Fielder Pltf against T. F. Perkins & als. No. 5, Deft., Notice
Abijah Thomas Pltf against Martin Bourn & als., Defts. Notice
Dickenson & Nuckolls, Pltfs against D. Fielder & als., Defts, Notice
J. B. Young, Pltf, against D. Fielder & als., Deft, notice
James L. Bourn, Pltf, against Lacy Austin, Deft, appeal
Steph. Carico, Pltf, against Z. Roberts Admir, Deft., appeal
Dennis Fielder, Pltf. Against Steph. Clark & als., Deft., Notice
David Isom for [illegible] Pltf., against James Dickey, & al., Deft. Suggestion
William Sexton, pltf, against Andw. Baker, Deft., appeal
James F. Roberts & al., Pltf, against Daniel F. Roberts, Deft, Road
Harden Cox, Plft, against L. J. Perkins, Deft. Appeal
Daniel Moxley, Pltf, against James Morgan, Deft, Appeal

Ordered that these several causes be continued.

Jackson B. Hash, Pltf, against Stephen Carico, Deft, in Chy.
Hash & Dickenson, Pltf against Isaac Plummer, Deft, in Chy.
John K. Ballard, Pltf, against Joseph Bonham, Deft, In Chy.
Ruben Cornutt, pltf, against John Comer & al, Deft. In Chy.
David Cornutt, pltf, against Wesley Anderson, Deft., In Chy.
Joseph Hampton, Pltf, against John Isom, Deft, In chy.
Plummer & Jones Pltf against Calvin Blevins, Deft, In Chy.
J. & Wm. B. Dickenson, Pltf, Against Martin Dickenson’s heirs, deft. In Chy.
Warner Hale, Admir, Pltf against James Hale & als. Deft, in Chy.

Ordered that these several causes be continued.

It is ordered that the sheriff of this county pay the several amounts due to the persons entitled thereto for their services as jurors at this term, and it is further ordered that a list of these entitled to pay from the commonwealth be certified to the auditor of public accounts

F. M. Sutherland County 75 c. Commonwealth $1.50
Mastin Hale County 75 c. Commonwealth $1.50
Harden Cox, Esqr.County 75 c. Commonwealth $1.50
Jackson Phipps County 75 c. Commonwealth $1.50
Lacy Austin County 75 c. Commonwealth $1.50
Alexander Cornett County 75 c. Commonwealth $1.50
George W. Delp County 75 c. Commonwealth $1.50
Andrew Farmer County 75 c. Commonwealth $1.50
Jesse Funk County 75 c. Commonwealth $1.50
Mervin Anderson County 75 c. Commonwealth $1.50
Zachariah Osborn County 75 c. Commonwealth $1.50
William Halsey County 75 c. Commonwealth $1.50
William E. Stone County 75 c. Commonwealth $1.50
Samuel M. Cornett County 75 c. Commonwealth $1.50
David Sheets County 75 c. Commonwealth $1.50
Nathan Ward County 75 c. Commonwealth $1.50
Jackson Ross County 75 c. Commonwealth $1.50
E. S. Cox County 75 c. Commonwealth $1.50
Levi Delp County 75 c. Commonwealth $1.50
Emory Perkins County 75 c. Commonwealth $1.50
E. W. Greer County 75 c. Commonwealth $1.50
John Davis County 75 c. Commonwealth $1.50
Landers Ward County 75 c. Commonwealth $1.50
E. L. Vaughn County 75 c. Commonwealth $1.50
John R. Pool County 75 c. Commonwealth $1.50

Jonas Gentry who is confied in the jail of Grayson County as a lunatic was this day brought before the court and sundry witnesses being sworn and examined as to his sanity or insanity and the matter fully considered it is the opinion of the court that said Jonas Gentry has been restored to sanity and ought to be discharged from custody and receive a certificate thereof, whereupon it is ordered that the jailor of this county discharge said Gentry from his custody and said Gentry have a certificate thereof.

Ordered that Court be adjourned till the first day of the next term.

Hastin Fulton

Judgments, Dismissions & Abatements entered in the Clerk’s Office of Grayson County since the last quarterly term of this court and made final by the operation of law this 27th day of February 1861.

J. A. Reeves administrator of John Reeves, Dec’d, pltf
against
M. N. Calloway, Deft
In debt. Judgment for $59.62 cents with legal interest thereupon from the 24th day of May 1855 till paid and the costs, subject to credit of $20.00 paid 20th July 1860.

Eli Long, Pltf, against William Parks, Deft, In Debt. Judgment for $30.00 with legal interest thereon from the 7th day of September 1860 till paid with costs.

Weldon Edwards for C. & C. Nuckolls, Pltf,
against
Elizabeth Craig, Deft.
In debt. Judgment for $66.00 with legal interest thereon from the 10th day of September 1858 till paid & the costs.

Calloway Cox for Elliott & Drewry, Pltf
against
Haywood Cox, Alexander Cox, & John Blevins, Dfts
In Debt. Judgment for $250.00 with legal interest thereon from the 24th day of June 1856 till paid and the costs.

Andrew J. Steadman for Minnie W. Carter, Pltf
against
James Isom, Spencer Isom & John Isom, Deft,Br> In Debt. Judgment against the defendant John Isom for $150.00 with legal interest thereon from the 24th day of July 1860 & the costs.

James M. Cornutt, Pltf
against
Daniel Moxley & G. H. Moxley, Defts.
In Debt. Judgment for $120.00 with legal interest from the 1st day of November 1860 till paid & the costs subject to the following credits, $20.00 paid 7th December 1860 & $4.55 cents paid 30 December 1860 by order of A. Cornutt.

S. Gallion for Wm. O. Hampton, pltf. Against John Bartley, Deft., in debt
Wm. Harrington for E. J. Shuler, pltf against David Sexton, Deft, in debt.
Henry Waggoner for A. Hampton, pltf, against Jonas & Jonathan Gentry, Deft, in debt

Teste. Wm. B. Morgan, D. C.

Virginia At a Montly court begun and held for Grayson County at the Court House thereof on Monday the 26th day of March 1861.

Present Hastin Fulton, Presiding Justice and Stephen Boyer, C. H. Anderson, William D. Baldwin, & Andrew Hampton Other Justices

The following instruments of writing admitted to record in the Clerk’s office of this Court since the last term were produced in court examined and ordered to be spread on the records of this court, viz:

Teste Wm. B. Morgan, D.C.

John Nite who stands charged with a felony by him committed in the County of Grayson and within the jurisdiction of this court in this that he the said John Nite on the 27th day of August 1860 in said County, divers to wit: About eighty bank notes for the payment of divers sums of money in the whole amounting to the sum of six hundred dollars being then and there the bank notes and property of E. W. Law felloneously did steal take and carry away, who this day set to the bar in custory of the jailor of this county, and having heard the evidence are of opinion that the said John Nite ought to be tried for the said offense by the Circuit Court of Grayson County, thereupon the said John Nite moved the court to allow him to enter into a recognizance with sufficient security for his appearance before said Circuit Court which motion being argued is overruled whereupon the said John Nite is remanded to jail for trial before the said Circuit Court at the next term.

W. D. Nothingham, Cornelius White, F. N. Day & Thomas Snodgrass of Scott County; James Gammon of Washington County and Elijah Long & Burton [illegible] of Grayson County this day appeared in Court and severally acknowledged themselves to be indebted to the Commonwealth of Virginia in the just cause full sum of two hundred dollars each of their respective goods and chattels, lands and tenaments to be levied for the use of the Commonwealth under yet upon this condition, that they shall severally appear before the judge of the Circuit Court of this County at the Court House on the first day of its next regular term to give evidence on a bill of indictment before the grand jury to be [illegible] against John Nite charged with felony and shall not depart thence without leave of said court then the recognizance to be void else to remain in full force and virtue.

Ordered that John H. Perkins commissioner state letter and adjust the administration account of Solomon Spencer & Benjamin Phipps, Administrators of Robert Hash, dec’d and report to court.

On the motion of Zachariah Taylor and Aras Hash (son of Andrew Hash) and for reasons appearing to the court they are hereby exempted form the payment of county levies & Poor rates and working the public highways until the further order of this court.

On motion of Isaac Barton & Jordan J. Maines and for reasons appearing to the Court they are hereby exempted from working the public highway till further order of this court.

A deed of bargain and sale from Hugh Isom to James Kerby was proved in court by the oaths of Randolph Collins & Jackson Higgins subscribing witnesses thereto and ordered to be recorded.

A sale bill fo the personal estate of Caroline Boyer, deceased was this day returned to court and ordered to be recorded.

Ordered that Wm. B. Morgan be appointed to state settle and adjust the administration account of Ephraim Boyer administrator of Caroline Boyer, dec’d and report thereon to court.

An Article of agreement between Timothy Perkins, Isaac Spencer & Christopher Reedy was proved in court and proved by the oath of William Young a subscribing witness thereto and the hand writing of Frederick Reedy dec’d another subscribing witness thereto was proved by the oath of William Young and the same is ordered to be recorded.

On the motion of Ambrose Atkins it is ordered that Robert Vaughn be and he is hereby appointed (giving the parties reasonable notice) to run a line [illegible] by their title papers between said Ambrose Atkins and George M. Atkins commencing at a White Oak on William Carrico’s line and running to a stake in the open line between Ambrose Atkins and Thomas Mallory and report to Court.

On motion of Robert P. Baker, Sheriff of this County Milton J. Jones is appointed his deputy sheriff during pleasure and the court being of opinion that the said Milton J. Jones is a man of honesty [illegible] and good demeanor and there upon he took the several oaths prescribed by law.

Ordered that Charles Hale, Ephraim Boyer & R. Fielder he appointed to allot hands to Thomas Burris Overseer of the road out of the companies of hands of Bluford Pool, Franklin Tomlinson & A. Byrd overseers of the road and report thereon to court.

Ordered that George Hines, Jonathan Thomas & M. S. Roberts be appointed to allot hands to John Hines Overseer of the road our of the companies of hands of Talbert Wright, Francis D. Cornutt & Jefferson Ring overseer of roads and report to court.

Upon the application of Samuel Cox, Jr. Ordered that Harvey Hash, John M. Phipps, & Enoch B. Osborn be and they are hereby appointed reviewers to view the way for proposed new road commencing at the ford of the River at Alexander Coxes Senr. To intersect with the Fox Knob road near Alexander Coxes, Jr. Meadow and that they report to this Court impartially the conveniences and inconveniences as that will result as well to individuals as to the public provided said new road should be opened as proposed and especially whither any yard, orchard, or garden will be taken.

Upon the application of Samuel Cox, Jr. ordered that Jones Kirk, Jackson Phipps, & McCoy Anderson be and they are hereby appointed reviewers to view the way for a proposed new road commencing at the Fox Creek Meeting House and [illegible] the nearest and best rout to the ford of the river at Morris Halsey’s crossing said river and thence the nearest and best rout to interest the road leading from Gap Civil to the mouth of Wilson and that they report impartially to this court the conveniences and inconveniences that will result as will to the public as to individual provided said road should be opened as proposed and especially whether any yard orchard or garden will be taken.

James Bourn, pltf
against
Curtis H. Bourn, Deft
In Debt. This day came the plantiff as well as the defendant in his own proper person who acknowledged judgment to the plantiff for $150.48 cents the amount of the debt mentioned in the summons. Therefore it is considered by this court that the plantiff recover against the defendant $150.48. With legal interest thereon from the 9th day of October 1858 until paid & the costs.

Jehue L. Larrowe, Pltf
against
Spencer H. Brackins, Deft
Unlawful Detainer. This day came the parties by their attorneys and on motion of the defendant for reasons appearing to the court this cause is continued at his costs till the next term.

David E. James, assignee of Stephen Ross, Pltf
against
Clark Porter, Deft
On a Suggestion. This day came the parties by their attornies and David McCarrell appeared in Court pursuant to a summons executed on him to answer said suggestions, and being sworn that at the time the summons was executed on him he had in his hands the sum of $150.00 which he supposed belonged to Clark Porter he having executed his note to said Porter for that sum, but has since found the said note in the hands of Ervin McCarrell with an assignment upon it of a prior date than the time the summons was executed on him, which said note he has paid un[illegible], whereupon the court takes time to consider whether they will condem in the hands of said David McCarrell the amount of the plantiff demand till tomorrow morning to which time this cause is adjourned.

A report of the Overseer of the Poor for this county was this day returned to Court which was received and the Clerk is directed to transmit a true copy to the auditor of public accounts.

James Dickey, jailor of this county produced in Court a claim against the Commonwealth amounting to forty-two dollars & ninety five cents for committing and dieting Amy Ward a lunatic for the 20th day of November 1860 to the 20th day of March 1861 which being sworn to in open court was examined by the court and found correct, the same is ordered certified to the auditor of public accounts for payment, and it appearing to the satisfaction of the court that immediately after the committment of said Amy Ward and at least once in every two months thereafter application was made to the lunatic assylum for admission and refused.

James Dickey jailor of this county produced in court a claim against the Commonwealth amounting to Eleven Dollars thirty five cents for committing, releasing and dieting Jonas Gentry a lunatic from the 29th day of December 1860 to the 30th day of January 1861 which being sworn to in open court was examined by the court and found correct, the same ordered to be certified to the auditor of public accounts for payment. And it appearing to the satisfaction of this court that immediately after the committment of said Jonas Gentry application was made to an asylum for admission and refused.

A deed of bargain and sale from Dan. Cox & Jane his wife to J. D. Cox was proved in court acknowledged by David Cox as his act and deed and ordered to be recorded as to him.

A deed of bargain and sale from David Cox & Jane his wife to Nathan Hill was proved in court acknowledged by said David Cox as his act and ordered to be recorded as to him.

Ordered that Court be adjourned till nine o’clock tomorrow morning.

Hastin Fulton

Virginia at a monthly court continued and held for Grayson Court at the Court House thereof Tuesday the 26th day of March 1861.

Present Hastin Fulton, Presiding Justice and Stephen Boyer, C. H. Anderson, William D. Baldwin, & Andrew Hampton Other Justices

Fielden Young Surveyor of this county this day returned to the court a plot of the lands of Nancy Phipps made out agreeable to the provisions of an order fo the County of Grayson made at the Janauary term 1860 of said Court granting the said Nancy Phipps permission to have an inclusive survey made of all her adjoining tracts of land lying on Buck Mountain in Grayson County, and the Court being satisfied that the said plot is just and reasonable and not intruding upon the rites of other persons certifies the same to be correct.

Upon the application of Hiram Roark ordered that John M. Hale, George W. Warrick, and Eli C. Hale be and they are hereby appointed reviewers to extend the review of a road commencing at Lewis Hale’s meadow and ending at the mouth of a lane west of Lebanon Church, and that they report impartially to this court the conveninecnes and inconveniences that will resul as well as to the public as to individuals provided said road should be opened as proposed and especially whether any yard, orchard or garden will be taken.

Ordered that Peyton N. Hale be and hereby appointed overseer of the precint road from the Pine Ford on Elk Creek to the branch a little above Hale’s Mill and with the following hands he keeps the same in legal repair to wit: John McLean, Joel McLean, P. N. Hale’s black boys, Edmund Thompson, Elizabeth Hale’s black boys, Ezra Dennis.

Ordered that Stephen M. Dickey overseer of the poor in District No. 1 bind out according to law to Madison B. Dickey, Susan R. Haga (daughter of Margaret Haga) who will be 9 years old on the 1st day of June until she attain the aid of eighteen years.

Ordered that Stephen M. Dickey overseers of the poor in District No. 1 bind out according to law to Brison Darnall John Kennerly Bedwell (son of Dolitha Bedwell) five years of age until he attain the age of twenty-one years.

Ordered that William Grubb be and is hereby appointed overseer of the precinct of road commencing at S. Greer’s School House and ending at Pine Stump and that he with a list of hands to be certified to him he keep the same in legal repair.

Ordered that S. Greer, Morgan Boyer, & John Weiss, Senr. And they are hereby appointed to allot hands to William Grubb overseer of the road out of the companies of Ervin McCarrell & Hiram Mink overseers of the road and report them to court.

Ordered that John Anderson be and he is hereby appointed overseer of a new precint of road from Laurel Creek to intersect the Hounshell road near David Shuler’s and that with a list of hands to be certified to him he keep the same in legal repair.

Ordered that A. G. Testaman, Stephen Perkins, and Jesse N. Ross, be and they are hereby appointed to allot a list of hands to John Anderson overseer of the road out of the companies of Joseph Ross & Levi Long overseers of the road and report therein to court.

Upon the application of Granville Boyer it is ordered that Charles Hale, Randolph Fielder & Robert Carson be and they are hereby appointed reviewers to view the way for a new road commencing at Granville Boyers and ending at Munford Carico’s and that they report to this court impartially the conveniences and inconveniences that will result as well to individuals as to the public provided said road should be opened as proper and especially whether any yard, orchard or garden will be taken.

Isaac Spencer who was by a former order of this court appointed to superintend the opening of a new road from the state line and intersecting with the Jones Branch road, this day made his report which is ordered to be filed. And it appearing from said report that he had discharged the duties required of him it is therefore ordered that said road as opened by said Spencer Genl Superintendent as aforesaid be established as part of the public highway.

Ordered that Solomon Reedy be and he is hereby appointed Overseer of a new precinct of roads commencing at North Carolina line and intersecting with the Jones Branch road and that with the following hands he keep the same in legal repair, to wit: James Reedy, Joseph Spencer, David Pennington, Joseph McGrady, Wm. Spencer, Robert Spencer, Wilbourn Peek, S. F. Anderson, Jerry (Colvin) David Sheets, Harvey Sheets, Eli Reedy, Levi York, Daniel York, Wm. Davis, Jonathan Davis, Isaac Spencer, Troy Spencer, Andrew Reedy & Wesley Reedy.

Ordered that Wallen Anderson & A. Young overseers of the road and their companies of hands be and they are hereby assigned and required to attend when called on by Granville Ross & Alexander Young General Overseers who were appointed by an order of this court to superintended the opening of a new road and assist in the opening of said new road.

Ordered that the following additional hands be certified to Alexr. Young overseer of the road to wit: A. S. Murry, Mitchell Sanders, Stephen L. Thomas, Stephen Comer & Calvin Greer.

Hiram Jones who was by a former order of this court appointed to superintend the opening of a new road commencing at or near Thomas Phipps’ upper place and running up little Fox Creek and intersecting the Calhoun road at or near James Levisays this day made his report to the Court and it appearing therefrom that he has discharged the duties required of him, he is therefore released as General Superintendent of said road, and the same is hereby established as a part of the public highway.

Ordered that James Levisay and Jacob Haga be and there are hereby appointed to divide a new road which has been established as a part of the public highway into two precincts commencing at Thomas Phipps’ upper place and intersecting the Calhoun road at or near James Levisay’s and recommend suitable persons for overseer, allot hands to keep the same in legal repair and report to next court.

Ordered that Andrew Rector be and he is hereby appointed General Overseer to superintend the opening of a new road commencing at the Cross Roads Meeting House near Andrew Robinsons to New River and that with Wiley G. Collins, M. G. Sesler, Andw. Robinson, Alexander Cox, John Collins, Joseph Hampton, George Bobbett, Andw. Lafayette Oglesby, John Blevins, & L. D. Davis Overseers of roads and their companies of hands proceed and open the same as marked aforesaid and hereby required to attend with their respective companies of hands when called on by said A. Rector General Overseer as aforesaid and work under his direction in the opening and completion of said road.

Ordered that Burton Hawkins be and he is hereby appointed General Overseer to superintend the opening of a new road commencing at New River to David Isoms and that with William Hawkins, S. A. Isom, Griggs Hackler, W. C. Austin, Emanuel Long, A. Waggoner, James D. Taylor & Daniel Moxley overseers of roads and their companies of hands proceed and open the same as marked and laid out by the reviewers and the several overseers of roads are hereby required to attend with their respective companies of hands when called on by said Burton Hawkins General Overseer as aforesaid and work under his direction in the opening and completion of said road.

Ordered that George Bobbett (Captain), Wm. R. Duffey, John B. Waugh, D. Boyer, F. Cooper, & W. D. Hale be and they are hereby appointed to patrol in District No. 2 in Grayson County till April court next.

Ordered that John W. Shields, John N. Rutherford, Fielden Hawks & Freeling Ross for reasons appearing to the court be and there are hereby exempted from the payment of county levies & poor rates in Grayson County until the further order of the court.

Shubal Lunceford, pltf
against
Alexander Cox & Aaron Murry, Deft.
Upon a motion for judgment and award of execution on a forfeiture. It appearring to the court that the defendants have had legal notice of this motion, they were solemnly called but came not, on the motion of the plantiff by his attorney it is considered by the court that the plantiff recover against the said defendants $175.68 cents the penalty of the said bond and the costs of the motion and that he have execution therefore to be discharged by the payment of $87.84 cents with legal interest thereon from the 15th day of December 1860 till paid & the costs.

Warner Hale, Admr, Pltf
against
James Hale, & als., defts
In Chancery. On motion of Creed B. Hale who filed his petition asking to be made a party defendant to this suit and allowed to participate in the proceeds of the sales of the land of Stephen Hale, deceased that George W. Cornett be ordered to pay over to your petition the amount coming to Johnson B. Hale from the sale of the land mentioned in the bill filed in this suit, and to show in the costs, therefore it is ordered that said petitioner be made party defendant, and allowed the benefit and legal remedies which the law gives him in such & cause continued.

John C. Harrington who was by an order made at the last term of this court appointed to rent the lands beloonging to the estate of Andrew Perkins, dec’d, this day made his report and it appearing therefrom that he has rented the land belonging to said estate for the sum of ten dollars & fifty-eight cents and had taken bond payable to himself as commissioner with securitydue on the 1st day of November 1861 which report ordered to be filed.

Ordered that James Levisay be appointed a commissioner to rent out to the best advantage a tract of land belonging to Zachariah Roberts, deceased estate lying on the head of Elk Creek and near the land of Wm. Parks till the 1st day of November next and that he take bond payable to himself as such commissioner with good security and report his proceedings to this court.

Fielden Young, David R. Pugh & John Mc. Phipps who were by an order made at the last January term of this court appointed commissioners to lay off and assign to Ludema Phipps her dower in the land and slaves of her late husband Alexander Phipps deceased. This day returned their report to the court setting forth that they had assigned and allowed to her 130 « acres of land by boundaries set out in their report and the following slaces to wit: Adam, Lot, Ellen and their being no objections to said report the same is confirmed and ordered to be recorded.

David E. Jones, assignee of Stephen Ross, Pltf.
Against
Clark Porter, Deft
On a suggestion. This day came again the parties by their attornies and the plantiff moved the court to consider in the hands of David McCarrell garnishes the amount of the plantiff’s demand against the defendant Porter, which motion was overruled whereupon the court doth consider that this proceeding be dismissed at the plantiff’s cost.

Memorandum. On the trial of this cause the plantiff by his attorney tendered his bill of exceptions which was reviewed signed and sealed by the court and ordered to be made a part of the record which is done.

A settlement and report with W. M. Bourn & Joseph Phipps, Administrators of Martin Bourn, deceased was this day returned to Court and ordered to lie over one term for exceptions.

A report of settlement of the administration accout of Stephen Thomas and as such administrators of Zachariah Roberts, deceased, was this day returned to court and ordered to lie over one term for exceptions.

This court being of opinion that a larger number than twenty-eight juors will suffice for the convenient disposal of the business of this court, it is ordered that the number of jurors to serve at the May quarterly term of this Court be reducted to fourteen and thereafter until otherwise directed the venire facias shall not require a greater number to be summoned to attend the quarterly terms of this court.

A sale bill No. 2 of the estate of William C. Spurlin, dec’d was this day returned to court and ordered to be recorded.

An assignment of dower to Lurinda Perkins in the lands of her late husband Ambrose Perkins, dec’d having been returned to court and ordered to lie over for exceptions was again produced in Court and no exceptions being taken thereto the same is ordered to be recorded.

A report and settlement of the Administration account of Samuel Plummer with the estate of Joseph Plummer, M. D., having been returned to court and ordered to lie over for exceptions was again produced in court and no exceptions being taken thereto is ordered to be recorded.

Mitchell Wright, Pltf
against
Charlotte & Nancy Phelps, Defts
Unlawful dettainer. This day came the parties by their attorneys and by mutual consent agree that this cause be continued till the next term.

Stephen Carico, appellant
against
Zachariah Roberts, Appellee
On an appeal from a justices judgment.

Daniel Isom, for &c. Pltf against James Dunkey from Defts on a suggestion.

Dennis Fielder Pltf, against Stephen Clark & als. Defts. On a notice
On motion it is ordered that these three causes be dismissed at the plantiff’s cost.

Harden Cox, Appellant
against
Lynville J. Perkins for T. F. Perkins, appellee
On an appeal. On motion of the appellant and for reasons appearing to the court this cause is continued at his costs.

William Sexton, Appellant
against
Andrew Baker, Appellee
On an appeal. Orderd that this cause be continued and the return of the appellant a rule is made against Wesley Sebastian & William Pugh to shew cause if any they can why they should not be fined for their contempt in failing to appear here on this day in obedience to subpoena returned executed upon them as witnesses on behalf [illegible] William Sexton against Andrew Baker, the summons against Sebastian to be sent to the sheriff of Smyth County to execute.

James F. Vaught Pltf against Rial Martin, Deft., motion
William Sayers, Pltf against Wm. Dalton & als., Defts., motion
Farmer’s Bank Va. Pltf against Dennis Fielder, Deft., notice
same Pltf against same defts., notice
Dennis Fielder Pltf against T. F. Perkins & als. No. 5, Deft., Notice
Abijah Thomas Pltf against Martin Bourn & als., Defts. Notice
Dickenson & Nuckolls, Pltfs against D. Fielder & als., Defts, Notice
J. B. Young, Pltf, against D. Fielder & als., Deft, notice
James L. Bourn, Pltf, against Lacy Austin, Deft, appeal
Steph. Carico, Pltf, against Z. Roberts Admir, Deft., appeal
Dennis Fielder, Pltf. Against Steph. Clark & als., Deft., Notice
David Isom for [illegible] Pltf., against James Dickey, & al., Deft. Suggestion
William Sexton, pltf, against Andw. Baker, Deft., appeal
James F. Roberts & al., Pltf, against Daniel F. Roberts, Deft, Road
Harden Cox, Plft, against L. J. Perkins, Deft. Appeal
Daniel Moxley, Pltf, against James Morgan, Deft, Appeal

Jackson B. Hash, Pltf, against Stephen Carico, Deft, in Chy.
Hash & Dickenson, Pltf against Isaac Plummer, Deft, in Chy.
John K. Ballard, Pltf, against Joseph Bonham, Deft, In Chy.
Ruben Cornutt, pltf, against John Comer & al, Deft. In Chy.
David Cornutt, pltf, against Wesley Anderson, Deft., In Chy.
Joseph Hampton, Pltf, against John Isom, Deft, In chy.
Plummer & Jones Pltf against Calvin Blevins, Deft, In Chy.
Thomas & Dickey, Pltf, against C. Porterfield, Deft, In Chy.
J. & Wm. B. Dickenson, Pltf. Against M. Dickenson heirs, Defts, In Chy.
Lewis Dixon, Pltf, against H. Dixon & als., Defts, In Chy
J. P. Bryan, Pltf, against M. Bourn & als., Defts, In Chy.
W. Edwards, & Co., Pltf, against E. Craig, Deft, In Chy
J. W. Vaughan for [illegible] Pltf, against Pugh & Hackler, Deft, In Chy.

Ordered that these several cases be continued till the next term.

Ordered that an offical Directory of all officers &c. Of Grayson County be published for twelve months in the Mountain News a newspaper published in Independence and that the sum of $15.00 be levied in the next county levy to pay the same as per contract with the proprietors.

On application of Stephen M. Dickey who produced in court the sheriff’s receipt for the tax imposed by law a license is granted him to keepa bowling alley in the town of Independence in Grayson County for the space of twelve months from this date.

Ordered that Court be adjourned till court in course.

Hastin Fulton

Virginia seceeded from the Union on April 17, 1861, thus the following records are Confederate

Virginia In the Clerk’s Office of Grayson County court on the 19th day of April 1861.

Joseph Corvin, Sen., Pltf
against
Shepherd Butner, Deft
In debt. This day came the defendant in hsi own proper person and acknowledged the plantiff’s action for $500.00 the amount of debt mentioned in the summons, therefore the said Stephen Butner acknowledged judgment for five hundred dollars with legal interest thereon from the 19th day of April 1861 till paid & the costs.

Teste
Jas. W. Ballard, C.C.

Virginia at a montly court begun and held for Grayson County Court House on Monday the 22nd day of April 1861.

Present Mastin Fulton, Presiding Justice and Jeremiah Jennings, Joseph Ross, Stephen F. Anderson, and Stephen Boyer, other justices.

The following instruments of writing admitted to record in the Clerk’s office of this court since the last term was produced in court examined and ordered to be spread on the records of the court, viz:

Teste Wm. B. Morgan, D.C.

A settlement with E. M. Bourn & Joseph Phipps administrators of Martin Bourn dec’d having been returned to court and ordered to lie over for exceptions was again provided in court and no exceptions being taken thereto the same is ordered to be recorded.

A settlement with John South administrator of Joseph South dec’d was proven in court and orderd to lie over one term for exceptions.

A settlement of the administation account of Ephraim Boyer administrator of Caroline Boyer, dec’d was returned to court and ordered to lie over one term for exceptions.

Ordered that Warner Hale be and he is hereby appointed overseer of the precinct of road from the Siggger Ford to the ford of the River near Warner Hale’s fish trap in the room of Fielden Carr, resigned and with the following hands he keep the same in legal repair to wit: Fielden Carr, F. Hale, David Hale, & Solomon Jennings.

Ordered that Joel Collins be and he is hereby appointed overseer of the precinct of road from the River to the Island ford road near Burton Hawkins in the room of Wm. Hawkins resigned and with the following hands he keep the same in legal repair to wit: Wm. Hawkins, Ezra Collins, James Collins, and Elijah Collins.

Ordered that John Anderson overseers of the road and hands be appointed and they are hereby required to attend when called by Joseph Ross General overseer and assist in opening and completing a new road from the top of Iron Mountain at the Long Gap to David Coles.

Ordered that the following list of hands be certified to John Anderson overseer of the road to wit: J ohn W. Ross, Jesse N. Ross, W. E. M. Roberts and Andrew Parks.

Ordered that the following list of hands be certified to John Hines overseer of the road towit: Micajah S. Roberts, Frederick Hines, Johnson Hines, Crockett Hines, Jacob Hines, Ptolomey Pool, Wesley Thomas & Peter Thomas.

Ordered that the following hands be certified to Jefferson Ring overseer of the road to wit: Azariah Lundy, David Sexton, Andrew Carson, A. Anderson, George Anderson, George Welsh, Elias Lundy, Wm. F. Wright, James Warrick, Riley Russell, Wiley Pool & Able Carico, Jr.

Ordered that the following list of hands be certified to Talbert Wright overseer of the road to wit: Philander M. Thomas, Stephen Thomas, Eli Daniel, Zachariah Daniel, George W. Wright, Mark Thomas, Dennis Funk, Minitree Funk, Kennerly Funk, John Williamson, John Hale, Aaron Lundy & Alfred [blank]

Ordered that John W. Parsons, L. B. Senter & S. F. Anderson be and they are hereby appointed commissioners to reprecinct the public roads in the vicinity of Grassy Creek and Wilson Creek recommend suitable persons for overseers allot hands to each precinct and report to court.

It appearing to the satisfaction of the court that John Spencer and Richard Shackleford are not able to pay county levies and poor rates in this county, it is therefore ordered that they be exempted from the payment of the same until the further order of the court.

Ordered that the order made at the last September term of this court allowing Geo. W. Cornett attorney for the Commonwealth the sum of one hundred dollars payable out of the levy for 1860 is sufficient in the hands of the sheriff if not to be levied for in 1861 be and the same is hereby resinded.

John M. Hale, Eli C. Hale and John Stone who were by an order made at the last June term of this court report the application of Churchwell Boyer appointed commissioner to view the way proposed new road commencing at the Mud Pike Road at or near a little branch above P. G. Hale’s and passing by the house of John W. Warrick and intersecting the mud pike near Johnson Boyer’s this day made their report in there [illegible] the commissioners appointed by an order of court to make a review to open a public road leaving from the Mud Pike road at the mouth of Johnson Boyer’s lane to intersect the same at the New Pike Road near Branch designated in the order we report no road this the 17th of April 1861.

John M. Hale
Eli C. Hale
John Stone

A deed from Martin Trimble & Elizabeth his wife to Thomas Nobblitt was proved in Court and with the certificates of acknowledgement and privy examinations ordered to be recorded.

A deed from James Wright & wife to David Sexton was provided in Court and with the certificates of acknowledgement and privy examination were ordered to be recorded.

A deed from A. D. Gage & wife to Rachel Holderfield was proven in court and with the certificates of acknowledgement & privy examination annexed ordered to be recorded.

A deed from Lorenzo D. Cornutt & Rosamond his wife to Joseph A. Cornutt was provided in Court and acknowledged by L. D. Cornutt as his act and deed and with the certificates of acknowledgement and privy examination of Rosamond Cornutt annexed ordered to be recorded.

A deed from M. N. Calloway to Joshua Reeves was provided in Court and acknowledged by M. N. Calloway as his act and deed and ordered to be recorded.

A deed from John South to Charles Fredeking was provided in court and acknowledged by John South as his act and deed and ordered to be recorded.

On the petition of A. T. Gregory who provided to the Court the sheriff’s receipt for the tax imposed by law, a license is granted him to sell by retail at his Store House on Elk Creek in Grayson County wine, ardent spirits or a mixture thereof until the next April term of the court, the court being satisfied he is a man of good character and not addicted to drunkenessor gaming and see no objections to such permission being granted.

Ordered that all the causes upon the docket not otherwise disposed of be continued till the next term.

Ordered that court be adjourned till court in course.

H. Fulton

Virginia. At a call Court held for Grayson County at the Court House thereof on Tuesday the 30th day of April 1861.

Present Hastin Fulton, Presiding Justice, and P. G. Hale, Stephen Boyer, John Stone, B. Dowell, John Mc. Phipps, Andrew Hampton, F. Livesay, John W. Parsons, C. F. Anderson, Enoch Ward and John Dickenson, other justices.

A majority of the acting justices being present at it is ordered that Samuel McCamant be appointed a Commissioner to supply and uniform three volunteer companies in Grayson County, viz: The Virginia Dare Devils, Grayson Rifles and Grayson Hornets and that he be allowed to expend the sum of twenty five hundred dollars for the purpose if necessary and it is further ordered that if any other companies be organized and called into service that he supply and and uniform the same for and in behalf of the county and report to court.

Ordered that court be adjourned until the next term.

Hastin Fulton

Virginia At a quarterly court began and held for Grayson County at the Court House thereof on Thursday the 23rd day of May 1861.

Present. Hastin Fulton, Presiding Justice; and John Dickenson, B. Darnall, John W. Parsons & John Stone other justices.

The following instuments of writing admitted to record in the clerk’s office of this court since the last term, was provided in court examined and ordered to be spread on the records of this court, viz:

Commonwealth against J. Pinion & Geo. Owens, indictment for a breach of the peace.
same against same No.2
Same against Mc Warden No. 1 indict. For carrying concealed weapons.
Same against same No. 2
Same against same No. 3 indict for an assault
same against same No. 4 indict for an assualt
same against same No. 5 indict for an assault
same against same No. 6 for voluntarily fighting,Br> same against Minitree Hale indictment for an assault

The attorney for the Commonwealth with the assent of the court saith that he will not prosecute any further upon the indictments aforesaid, therefore it is considered by the court that the defendants be discharged from all further prosecution upon the indictments aforesaid.

Enoch W. Cox, Pltf.
against
C. D. Hale, & als., Defts.
On a Notice. Ordered that this cause be docketed and continued till tomorrow.

Ordered that all the justices be summoned to appear here on the first day of the next term for the purpose of laying the county levy and changing the May and October terms of this court.

Ordered that the clerk of this court be and he is hereby authorized on the part of this county to issue county bonds in the amount of three thousand dollars bearing interest from date for the purpose of uniforming and equiping the volunteers of said county.

Ordered that court be adjourned till tomorrow morning 9 o’c.

Hastin Fulton

Virginia at a Quarterly court continued and held for Grayson County at the Court House thereof on Friday the 24th day of May 1861.

Present. Hastin Fulton, Presiding Justice; and John Dickenson, B. Darnall, John W. Parsons & John Stone other justices.

A settlement of the administration account of George W. Cornett Administrator of Wm. R. Dixon, Dec’d was this day returned to court and ordered to lie over one term for exceptions.

Ordered that A. M. Young be and he is hereby appointed to take an inventory of the estate of Martin Bourn, dec’d for the purpose of ascertaining what goes into the hands of Robert Vaughan Administrator de bonis non of Martin Bourn dec’d & report to court.

S. F. Anderson, J. W. Parsons and L. B. Senter who were appointed at the last term of this court to reprecinct the public roads in the vicinity of Grassy Creek and Wilson Creek & recommend suitable persons for overseers & allot hands, this day returned their report, which is in the following words and figures, to wit: We, John W. Parsons, S. F. Anderson, and Levi B. Senter in obedience to an order of court to us directed have made the following precincts and recommend the following persons as surveyors with their hands annexed this May 23rd 1861.

Respectfully submitted

S. F. Anderson
J. W. Parsons
L. B. Senter

1st From the Mouth of Wilson to the fork of the road near Winfield McGrady, Isaac C. Parsons, surveyor–hands C. H. Senter, John Treadway, Henry Treadway, R. Treadway, Z. Wood, J. C. Baker, H. Pasley, Wm. J. Paisley, M. Strange, W. Ross, Geo. Sells, W. Clarke, J. L. Neikirk, C. Cole, D. Kegley, Jas. Clarke, Nathan Barton, J. Hash, A. Hash, Peter (colored), Wm. Neikirk, McCoy Halsey, D. Parsons, J. Parsons, Geo. Craig, Jones Nelson, J. Nelson.

2nd. From the ford of Wilson at N. Senter’s to the N. C. Line. Creed Young surveyor, hands F. Young, Winfield McGrady, Fielden Young, John Young, Levi B. Senter, Wm. L. Crosswhite, J. R. Cress, Wm. R. Adams, J. F. Parsons

3rd , From the fork of the road near Winfield McGrady west to the N.C. line, Geo. D. Reeves, Surveyor, hands Hugh Peak, J. A. Peak, P. T. Peak, Robert Pugh, Tom (Colored), Wm. Peak, Jno. Patrick, Robert Davis, Jackson Hash, Stephen Pugh, James Pugh, Uriah Peak.

4th. From the NC line near R. Pugh west to the fork lane near C. Reedy’s still house, Wilbourn Peak, surveyor, Hands Joseph Spencer, Joseph McGrady, William Spencer, David Sheets, John H. Sheets, Eli Reedy, S. F. Anderson, C. A. Anderson, Robert Spencer, Henderson Davis, Jerry (colored), Elisha Davis, Jonathan Davis.

5th. From the cross lane at C. Reedy’s to Jones Branch road- Solomon Reedy surveyor, hands- Isaac Spencer, Troy Spencer, Andrew Reedy, James W. Reedy, James Reedy, Junr., Levi York, Daniel York, Thomas Walton, Wiley Walton, and Marion Quillen.

Commonwealth
against
Edward McCormack, Deft.
Upon an indictment for larceny. The copias awarded at the last term of this court being returned not executed it is ordered that a new capias ad audiendium be awarded against the defendant, returnable here on the first day of the next quarterly term.

Commonwealth against Wm. Hale, Deft., upon an indict for an assault
The capias awarded at the last term of this court being returned not executed it is ordered that a new capias be awarded against the defendant, returnable here on the first day of the next quarterly term.

Commonwealth against Gideon Shepherd Deft. Indict for an assault
Same against Eli Pugh, Deft. Indict for breach of the peace
Same against Jerome Hash, Deft., indict. For breach of the peace
Same against Jackson Hash, Jr., Deft. Indict for an assault
Same against Nathaniel Shelton, Deft. Indict Retail Ard. Spirits
Same against Byrom Hash, Deft indict. For Breach of the peace

The attorney for the Commonwealth with the assent of the court saith that he will not prosecute any further upon the indictments aforesaid, therefore it is considered by the court that the defendants be discharged from all further prosecution upon the indictments aforesaid.

Commonwealth against Creed Adams, Deft., Indict. For a breach of the peace.
The summons awarded at the last term of this court being returned not executed it is ordered that a new summons be awarded against the defendant returnable here on the first day of the next quarterly term.

Commonwealth against Joshua Moss, Deft., Indict for an assault
Same against John Adams John Adams, Deft., Indict for a breach of the peace.
This day came the defendants in their own proper person and with the assent of the court and the attorney for the Commonwealth confessed judgment for one dollar fine & the costs. Therefore it is considered by the court that the Commonwealth recover against the said defendants, the one dollar for each and the costs.

Commonwealth against Martin Adams, Deft. Indict for a breach of the peace.
Ordered that this cause be continued till the first day of the next quarterly term.

An appraisment & sale bill of the estate of Ambrose Perkins dec’d was the day returned to court and ordered to be recorded.

Commonwealth against Mathew Perry, Deft. Indict for not keeping public road.
This day came the defendant in his own proper person and with the assent of the court and the attorney for the Commonwealth confessed judgment for $5.00 fine and the costs. Therefore it is considered by the court that the Commonwealth recover against the said defendant the five dollar fine and her costs by her about her suit in this behalf expended.

Commonwealth
against
George W. Delp, Deft
Upon an indictment for an assault. This day came the parties by their attorneys and by reasons appearing to the court it is ordered that the indictment aforesaid be quashed.

Milton Perkins, Pltf
against
John C. Harrington & Lorinda Perkins, Admr. & Administration of Ambrose Perkins, Dec’d.
In Debt. This day came the parties by their attorneys and by mutual consent it is agreed that the plantiff have judgment against the defendants for the sum of $233.41 cents with legal interest thereon from the 11th day of October 1856 till paid & the costs.

Milton Perkins, Pltf
against
John C. Harrington & Lorinda Perkins, Admr. & Administration of Ambrose Perkins, Dec’d.
In Debt. This day came the parties by their attorneys and by mutual consent it is agreed that the plantiff have judgment against the defendants for the sum of $62.25 cents. Therefore it is considered by the court the plantiff recover against the said defendants the sum of sixty-two dollars and twenty-five cents with legal interest thereon from the [blank] day of [blank] till paid & the costs.

J. K. Ballard for Milton Perkins, Pltf
against
John C. Harrington & Lorinda Perkins, Admr. & Administration of Ambrose Perkins, Dec’d.
In Debt. This day came the parties by their attorneys and by mutual consent it is agreed that the plantiff have judgment against the defendants for the sum of $82.50 cents. Therefore it is considered by the court that the plantiff recover against the said defendants the said sum of eighty-two dollars and fifty cents with legal interest thereon from the 27th day of September 1855 till paid & the costs.

Enoch W. Cox, Pltf
against
L. D. Hale [illegible] & Wm. Bourn, & James Waugh his sureties
Motion on a notice. Ordered that this cause be continued till the next term.

Ordered that Stephen M. Dickey overseer of the poor bind out according to law Richard Pinkney Darnall son of [blank] age [blank] to Bryson Darnall untill he arrives at the age of twenty- one.

Ordered that John C. Harriongton overseer of the Poor bind out according to law George Stone son of Ham Stone age ten years to John W. Perkins until he arrives at the age of twenty-one.

A settlement of the estate of Felix Osborn, dec’d which was heretofore returned to court and exceptions taken thereto it is recommitted and refered to John H. Perkins, Commr. & that he report to next court.

Ordered that J. M. Young, Commissioner be and he is hereby appointed to settle with the sheriff of this county and report to next court.

Johnson Bourn, Pltf
against
Peyton G. Hale, Deft.,
In Case. This day came the defendant by his attorney and it appearing to the satisfaction of the court that he plantiff is not an inhabitant of this state, on motion of the defendant by his attorney, it is ordered that this suit be dismissed at the next quarterly term, unless security for the payment of such costs and damages as may be awarded the defendants and also of the fees which will become due from the plaintiff to the officers of this court, be given with the clerk, within sixty days from this time.

Ordered that George W. Cornett be and he is hereby appointed special commissioner to state settle and adjust the administration accout of John C. Harrington, Admr. & Lorinda Perkins administrators of the estate of Ambrose Perkins, Dec’d and report thereon to court.

Ordered that F. J. Lundy be and he is hereby appointed to state, settle and adjust the administration account of A. B. Elliott, & William Pugh, Administrators of the estate of Wm. C. Spurlin, Dec’d and report them to court.

Armistead Todd from Wm. O. Hampton, Pltf
against
Aaron G. Davis, Deft
In Debt. This day came the parties by their attorneys and the defendant by his attorney withdrew the pleas heretofore filed in this cause and consent that judgment should be entered against him for the amount of the debt mentioned in the declaration. Therefore it is considered by the court that the plantiff recovre against the said defendant the sum of seventy five dollars with legal interest thereon from the 20th day of September 1860 till paid & the costs.

Overseers of the Poor, Pltfs
against
Wm. H. Smith, Lafayett Oglesby & Joseph Hampton, Defts
In Case. This day came the parties by their attorneys and the defendants by their attorney filed a plea of non est factum and the plantiff joined issue and the trial of this cause is continued till the first day of the next quarterly term.

Hardin Cox, Appellant
against
L. J. Perkins for T. F. Perkins, Appellee
On an appeal. Ordered that this cause be continued at the appellees costs.

William Williams, Pltf.
against
Johnson Carico, Deft
In case. This day came the defendant by his attorney and it appearing to the satisfaction of the court that the plantiff is not an inhabitant of this state, on motion, of the defendant by his attorney it is ordered that this suit be dismissed at the next quarterly term, unless security for the payment of such costs and damages as may be awarded the defendants and also of the fees which will become due from the plaintiff to the officers of this court, be given with the clerk, within sixty days from this time.

Warner Hale, Pltf
against
James Hale, Thomas Hale, & als., Defts
In Chancery. This cause came on this 23rd dayof May 1861 again to be heard upon the bill the exhibits filed, the report of G. W. Cornett, commissioner, and was argued by counsel and it appearing to the court the report of said commissioner has been filed for 30 days and no exceptions taken thereto it is received and confirmed by the court, and it appearing to the court from said report that the tract of land in the bill mentioned has been sold according to the terms of the decree and that the said decree has not be set aside, not the bill answered by the nonresidents and that an order of publication has been duly published four weeks in the Mountain News and posted on the Court house door, and the non-resident defendants having failed to appear, and answer the bill is taken for confessed and the former decree made in this cause is confirmed by the court and it appearing to the court that said commissioner holds the note of Warner Hale the purchaser of the tract of land in the bill mentioned for four hundred and twenty- one dollars which will be due on the 26 day of October 1861; and it appearing to the court that Warner Hale has not paid the costs of suit and expenses of sale to G. W. Cornutt nor the parties intitled thereto it is therefore adjudged ordered and decreed by the court that G. W. Cornett be appointed receiver, to collect the four hundred and twenty one dollars from Warner Hale, when due, and that he pay first the costs of suit, and expense of sale out the said money and then deduct five percentum commission on the first three hundred dollars and 2 percentum on the remainder of said money to himself as commissioner and receiver and then ascertain the amount due each heir of Stephen Hale deceased and pay it over in the following order; 1st pay to Creed B. Hale who filed his petition in this cause and who is agent of Johnson Hale the amount due said Johnson Hale. 2nd. Pay to John Dickenson who filed his petition in this cause, the amount due Wm. Hale. 3rd pay to Eli Cornett agent of James Hale & Thomas Hale the amount due them, 4th pay to Minitree Jones, guardian of the children and heirs of Alfred Hale deceased the amounts due said heirs, 5th pay to Sidney Hale or his order the amount due him, and then pay the amount due the other heirs to them in their order, or agent, leaving Warner Hale’s portion in his hands; and it is further decreed by the court that G. W. Cornett, be appointed a commissioner to convey the tract of land the bill mentiones by died with special warranty to Warner Hale when he pays the purchase money thereof and it appearing to the court that the object for which this suit was instituted have been fully attained to the satisfaction of all the parties interested therein and is ordered that this cause be stricken from the docket.

Joseph Hampton, plantiff
against
John Isom, Deft
In Chancery. This cause came on again to be heard upon the bill the papers heretofiled read, the report of G. W. Cornett, Commissioner, and was argued by counsel and it appearing to the court that the report of said Cornett, has been made for more than 30 days and no exceptions taken thereto it is received and confirmed by the court and it appearing to the court from said report that G. W. Cornett has sold the land in the bill mentioned according to the terms of the former decree in this cause, and that Minitree Jones purchased the same at the price of $388.00 dollars and that Jones has not paid the said money to Cornett and that a transfer of the said tract of land has been made by Sd. Jones to Joseph Hampton for whose benefit the land in the bill mentioned was sold, it is therefore adjudged, ordered and decreed by the court that G. W. Cornett give up Minitree Jones his note and that Joseph Hampton or said Jones pay the remainder of the costs of suit and expenses of sale and commission, to G. W. Cornett and it is further decreed that said Cornett be appointed a commissioner to deed the land in the bill mentioned to Joseph Hampton with special warranty and it appearing to the court that the ends for whcih this suit were instituted have been attained it is ordered that the same be stricken from the docket.

John E. Roberts, deputy for Stephen Thomas sheriff of Grayson County this day returned to the court a list of delinquent tithes capitation and property tax in the eastern or District No. 2 in this county which was examined by the court and ascertained to be correct and the clerk of this court is directed to certify a correct copy thereof tot he auditor of public accounts, preserving the original list in his office.

Robert P. Baker, Deputy Sheriff for Stephen Thomas, Sheriff of Grayson County this day returned to the court a list of delinquents tithes capitation and property tax in the western or District No. 1 in this county which was examined by the court and ascertained to be correct and the clerk of this court is directed to certify a correct copy thereof tot he auditor of public accounts, preserving the original list in his office.

Wm. R. Baker, Deputy for Stephen Thomas, Sheriff of Grayson County this day returned to the court a list of delinquents tithes capitation and property tax in the western or District No. 1 in this county which was examined by the court and ascertained to be correct and the clerk of this court is directed to certify a correct copy thereof tot he auditor of public accounts, preserving the original list in his office.

Wm. T. Horn, Pltf
against
Jacob A. Hackler & William Parks, Defts
Upon a motion for judgment on a forfeited forth coming bond. It appearing to the court that the defendants have had legal notice of this motion, they were solemnly called and not appearing on motion of the plantiff by his attorney, it is considered by the court that the plantiff recover against the defendants $752.28 cents the penalty of said bond and the costs of this motion to be discharged by the payment of three hundred and seventy six dollars and fourteen cents with legal interest form the 25th day of February 1861 till paid and the costs.

Abijah Thomas, Pltf
Against
Martin Bourn late coroner and Lewis B. Hale, Martin Halee, Stephen M. Dickey & William M. Mitchell, his securities, Defts.
On a notice. The defendant Martin Bourn being dead it is ordered that his death be suggested on the record; and on motion it is ordered that this cause stand revived and be proceded against Robert Vaughn and Elbert M. Bourn administrators of said Martin Bourn, dec’d; and by the consent of the parties by their attorneys it is ordered that the order or reference made in this cause be set aside; whereupon the court with the appeal of the parties, doth consider that the plantiff recover against the defendants 305$ part of the debt in said notice mentioned with damages thereon at the rate of ten per centum per annum from the 1st day of November 1855 till the 5 day of April 1858 and with damages thereon at the rate of fifteen percentum per annum from the said 5th day of April 1858 till paid and $4.50 cents costs and the costs of this motion.

John Davis, Pltff
against
Claiborn H. Pennington, Deft.
In Debt. This day came the parties by their attorneys and the defendant pleaded payment and set offs to which the plantiff by his attorney replied generally and leave is give the defendant to file a special plea in writing and issue being joined the judgment obtained in the office against the defendant is set aside and that the said issue is deferred until the next quarterly term of the court.

Stephen M. Dickey for Joseph P. Cox, Admr of Alexander Phipps, Dec’d, Pltff
against
Robert P. Baker, Admr. of [illegible] Clark Porter, Deft.
In Debt. This day came the parties by their attorneys and the defendant Robert P. Baker saith that he hath fully administered and singular goods and chattel rights and credits of the said materials and of this be puts himself upon the county and the plantiff doth the like and the trial of the issues is deferred until the next term and the judgment ordered in this cause at rules is set aside, and the defendant Clark Porter being solemenly called and not appearing it is considered by the court that the plantiff recover against the defendant Clark Porter 125$ the debt in the declaration mentioned with legal interest thereon from the 28th day of June 1859 till paid and his costs in this behalf expended subject to a cred of 100$ paid Oct. 28, 1859.

Ephraim Cox for Cloyd Cox, Pltff
against
Ro. P. Baker, Admin of Zacha Roberts Dec’d and Jacob A. Hackler Defts
In Debt. This day came the plantiff by his attorney and the deft. Robert P. Baker, Admr. aforesaid by his attorney who says that he has fully administered all and singular the goods and chattels rights and credits of the said intestate and of this he puts himself upon the country and the plantiff doth the like whereupon the judgment entered in this cause at rules against said Robert P. Baker is set aside and this cause is continued till the next term for trial of the said issues.

Ezra N. Sheffy, Pltff
against
Creed N. Welsh, Deft
In Case. This day came the parties by their attornies and the defendant saith that he did not assume upon himself in manner and form as the plantiff against him hath complained and of this he puteth himself upon the country & the plantiff likewise and the trial of the cause is deferred until the next quarterly term.

Daniel Roberts, Pltff
against
P. D. Bean, Deft
In Case. Ordered that this cause be continued by consent of the plantiff’s attorney.

John Hash, Pltff against John Wingate, Deft., Trespass
Samuel M. Hale, against Lewis Hale, Deft., Debt
Commonwealth against George Bobbett, Deft, Surefacias
Jenkins, Roberts & Co., Pltff, against Peyton G. Hale, Deft, Debt.
Kent, Perice & Co., Pltff, against Hash, Perkins & Co., Defts, Case
Dr. D. Jayne & Son, Pltff against Edward Neikirk & Co., Deft, Case
same against Fulton, Darnell & Co., Defts, Case
Jesse A. Reeves, Pltff against M. N. Callaway, Deft, Debt
Jesse A. Reeves, Pltff Against James & M. N. Callaway, Defts, Debt
Kincannon & Sanders, Pltffs against Wm. Rhudy, Deft, Case
Josiah Halsey, Pltff, against Daniel Moxley, Deft, Debt
Dennis & M. Wright, Pltffs against Charles Sexton, Deft, Debt
Stephen Pugh for &c., Pltff against John F. Greear, Deft, Case
J. M. Dickey, pltff, against Lewis F. Austin, Deft, Case,
Jas. A. Shackleford & Co., Pltffs, against Amos Pickle, Deft, Debt
John R. Isom, for &c., pltffs against H. H. & A. J. Todd, Defts, Debt
C. Oglesby, Pltff against Thos. M. Oglesby, Deft, Debt
C. H. Hoffman, pltff against Jacob A. Hackler, Deft., Debt
Wm. C. Spurlin & Admr., Pltffs against Ira Isom & T. J. Robinson, Defts, Debt
John Dickenson, Pltff, against F. M. Nelson & Co., Defts, Debt
Ira Isom for &c., pltff, against Ezra Collins & als., Defts, Debt
A. J. Steadman for &c., pltffs against John Isom & als., Defts, Debt

Ordered that these causes be continued until the next quarterly term.

Reuben Cornett, for &c. Pltff against John Comer, & als., Defts In Chy.
Jackson B. Hash, pltff against Stephen Comer, Deft, In Chy.
Hash & Dickenson, for &c., Pltff against Isaac Plummer, Deft, in Chy
John K. Ballard, pltff against Joseph Bonham, Deft, In Chy
Mauzy Cooper & als., Pltffs, against Richard Billings, Deft, in Chy.
David Cornett, Pltff against Wesley Anderson, Deft, in Chy
Joseph Phipps, & als., pltffs against John Isom, Deft, In Chy
Plummer & Jones Pltffs against Calvin Blevins, Deft, In Chy
Thomas & Dickey, Pltffs against C. Porter, & als., Defts, In Chy
J. & Wm. B. Dickenson, Pltffs against M. Dickenson’s heirs, Defts, in Chy
Lewis Dixon, Pltffs agianst H. Dixon & als, Defts, In Chy
J. P. Byrd, Pltff against M. Bourn & als, Defts in Chy
W. Edwards, for &c., pltffs against E. Craig, Defts In Chy
J. W. Vaughan for & c., Pltffs against Pugh & Hackler, Defts In chy

Ordered that these causes be continued until the first day of the next term.

James F. Vaught, Pltf against Rial Martin & als., Defts, motion
Wm. Sayers, Pltf agianst Wm. Dalton, & als, Defts, motion
Farmers Bank Va. Pltf against Dennis Fielder & als., Defts, notice
same Pltf against same defts., notice
Dennis Fielder Pltf against T. F. Perkins & als. No. 5, Deft., Notice
Abijah Thomas Pltf against Martin Bourn & als., Defts. Notice
Dickenson & Nuckolls, Pltfs against D. Fielder & als., Defts, Notice
J. B. Young, Pltf, against D. Fielder & als., Deft, notice
James L. Bourn, Pltf, against Lacy Austin, Deft, appeal
James F. Roberts & al., Pltf, against Daniel F. Roberts, Deft, Road
Wm. Sexton, Pltf, against Andrew Baker, Deft, appeal
Harden Cox, Plft, against L. J. Perkins, Deft. Appeal
Daniel Moxley, Pltf, against James Morgan, Deft, Appeal

Kent, Paine & Kent, Pltffs, against W. Edwards, & als, Defts, Motion
same, pltff against same & als, Defts, motion
Mitchell Wright, Pltf, aginst Nancy & C. Phelps, Defts, [illegible]
Jehu L. Larrowe, Pltff, aginst Spencer H. Brackins, Deft., [illegible]

Ordered that these several causes be continued till the next term.

Ordered that court be adjourned until the first day of the next term.

Hastin Fulton

Judgments, Dismissions & Abatements entered in the clerk’s office of Grayson County since the last quarterly term of this court and made final by the operation of law this 24th day of May 1861.

George Martin & Newberry Smith, Pltffs
against
John K. Ballard, Deft
In Case. Judgement for $123.38 cents with legal interest theron from the 14th day of April 1860 till paid and the costs.

Ahart Halsey, Pltff
against
J. E. Lovelace & Hardin Cox, Defts
In Debt. Judgment for $82.00 with legal interest thereon from the 1st day of December 1859 till paid & the costs.

Robert P. Baker for the benefit of Robert Carson, Pltff
against
Jackson Hash & James Hash, Defts
In debt. Judgment for $130.82 cents with legal interest theron from the 1st day of January 1861 till paid and the costs subject to the following credit: Cr. With $9.17 cents paid Nov. The 27th 1860.

Robert P. Baker for Robert Carson, pltff
against
William J. Walton, Deft
In Debt. Judgment for $70.60 cents with legal interest thereon from the 1st day of January 1861 till paid and the costs.

John Baker for the benfit of Robert Carson, Pltff
against
Alexander Cox, Deft
In Debt. Judgment for $180.00 with legal interest thereon from the 25th day of December 1860 till paid & the costs.

Robert P. Baker for the benefit of Robert Carson, Pltff
against
J. E. Lovelace, Deft
In Debt. Judgment for $50.00 with legal interest thereon from the 25th day of June 1860 till paid and the costs, subject to a credit of $3.00 paid March 28, 1860.

John Baker for the benfit of Robert Carson, Pltff
against
J. E. Lovelace & Alexander Cox, Deft
In Debt. Judgment for $148.39 with legal interest thereon from the 1st day of January 1861 till paid & the costs.

Robert P. Baker for the benefit of Robert Carson, Pltff
against
C. C. Reedy, Deft., In Debt
Judgment for $50.89 cents with legal interest thereon from the 31st day of August 1860 till paid and the costs

Elkanah Lotts for John Mc. Phipps, Pltff
Against
James Poe, Deft
In Debt. Judgment for $145.92 cents with legal interest thereon from the 12th day of September 1856 till paid and the costs.

David Phipps for Joseph P. Cox, Admr. of Alexr. Phipps, dec’d, Pltff
against
Henderson Hash, Deft
In Debt. Judgment for $62.50 cents with legal interest thereon from the 24th day of December 1859 till paid & the costs.

S. M. Fulton, assignee of McLean & Hale, for Wright Wingate, pltff
against
Churchwell Wright, Deft
In Debt. Judgment for $143.77 cents with legal interest thereon from the 29th day of February 1860 till paid and the costs.

Andrew Robinson for Ira Isom, Pltff
against
Daniel Moxley & C. (Alias) Clark Moxley, Deft
In Debt. Judgment for $150.00 with legal interest thereon from the 25th day of March 1861 till paid and the costs.

A. M. Davis, Comr. of Grayson Circuit Court, Pltff
against
Eli W. Perkins and Wilborn Ross, Deft
In Debt. Judgment for $1066.66 2/3 cents with legal interest thereon from the 26th day of December 1859 till paid and the costs.

Carnel Porter for William T. Horn, Pltff
against
John Lovelace and Wm. B. Lovelace, Defts.
In Debt. Judgment for $22.00 with legal interest thereon from the 15th day of August 1859 till paid and the subject of a credit of $2.09 cents paid March the 21st 1860.

John Dickenson, Pltff
against
W. D. Hale, Deft
In Debt. Judgment for $130.00 with legal interest thereon from the 27th day of April 1859 till paid and the costs.

Teste Jas. W. Ballard, C.C.

Virginia. At a court held for Grayson County at the court house thereof on Monday the 29th day of June, 1861.

Present. Hastin Fulton, Presiding Justice, and B. Darnall, H. W. Roberts, John Stone, Jos. Ross, Alexander Young, F. Livesay, Charles Hale, John Dickey, Jeremiah Jennings, C. H. Anderson, Stephen Boyer, D. Baldwin, Enoch Ward, P. G. Hale, R. Collins, S. Leison, John W. Parsons & Andrew Hampton, other justices.

On motion of Jeremiah Jennings who made oath as administrator of Elizabeth Willis deceased and together with H. W. Ross his security entered into and acknowledged a bond in the penalty of three hundred dollars conditioned according to law a certificate is granted to the said Jeremiah Jennings of obtaining letters of administration on the estate of Elizabeth Willis, dec’d in due form.

Ordered that Cox Edwards, Litrel Hampton and Luke Jennings be and they are hereby appointed after being first duly [illegible[ to appraise the personal estate of Elizabeth Willis, deceased and return the appraisment under their hands to this court.

A majority of the acting justices of this county being present, the proceeded to elect a presiding justice for the term of one year commencing at the August term 1861 & Hughes W. Roberts having received a majority of the vots was declared duly elected presiding justice of this court.

A majority of the acting justices of this county being present it is ordered that the May and October terms of this court be changed from Thursday to the fourth Monday.

Wm. Sexton against Andrew Baker. On an appeal.

On motion of the plantiff by his attorney & with the assent of the court it is ordered that the rule made against Abijah Thomas for failing to attend this this court under a summons be dismissed.

An appraisment and sale bill of the personal estate of Alexander Phipps dec’d was this day returned to court and ordered to be recorded.

Present Hastin Fulton, Presiding Justice and H. W. Roberts, B. Darnall, John W. Parsons & John Stone, other justices absent.

John Green charged with having on the 28th day of May 1861 in the County of Grayson did feloneiously, deliberately, premediatedly, wilfully and of his malice aforethought kill and murder Rufus Cox this day appeared in discharge of his recognizance entered into before a justice of this county and was set to the bat in custody of the sheriff of this county whereupon the court proceeded to examine said John Green for the offense aforesaid and not having heard all the evidence the further examination of said John Green for said offense was adjourned till tomorrow morning 9 o’clock and the said John Green was committed to jail.

Ordered that court be adjourned until 9 o’clock tomorrow morning.

Hastin Fulton

Tuesday 25th June 1861.

Present H. Fulton, Peyton G. Hail, Joseph Stone, John Dickenson, Alexander Young, Freeling Anderson, Hugh W. Roberts, Bryan Darnall, John W. Parsons, Andrew Hampton, Stephen Boyer, Gent. Justices.

The justices of this county having been summoned to this court and a majority of them being present, on the application of Dr. William Bramblet it is ordered that he be authorized to raise a Company of Cavalry in the County and that the sum of eight thousand dollars be apportioned or as much thereof as may be necessary to furnish and equip the same and it is further ordered that the clerk of the said county is hereby authorized to issue county bonds in such sums as may be necessary, not exceeding the sum of eight thousand dollars for the purpose aforesaid, and it is further ordered that John Dickenson, Peyton G. Hail, Saml. M. Fulton and Isom Cox be appointed commissioners with authority and power to provide for the furnishing & equipping the said company. It is further ordered that in the event the said company shall fail to be formed, by Dr. William Bramblet, then the said commissioners may furnish & equip anyone of the present organized infantry companies into a cavalry company provided hoever they shall select that one which will furnish the greatest number of horses and be least expensive to the county. And it is further ordered that the said commissioners shall keep a [illegible] account of their expenditures & make report thereof to the court.

Ordered that every able bodied man in this county who is not a volunteer be required to pay his poll tax & militia tax and unless he does so the sheriff is required to report his name to the Central Vigilance Committee for the County on or by the end of the present year.

Ordered that Peter Hackler be and he is hereby appointed overseer of the Island Ford road in the room of Griggs Hackler, resigned and with the following list of hands he keep the same in legal repair. Griggs Hackler, Garfield Hackler, Robert Taylor, John Bennington, M. T. Bennington, Thomas Bennington, Minitree Hale, Robert Glidewell.

Present H. Fulton, Presiding Justice & H. W. Roberts, John Stone, B. Darnall, and John W. Parsons, other justices absent.

P. G. Hale coroner of Grayson County this day presented in court a claim against the commonwealth amounting to $17.00 for holding an inquest over the dead body of Zachariah Roberts which was examined by the court allowed and ordered to be certified to the auditor of public accounts for payment.

P. G. Hale coroner of Grayson County this day presented in court a claim against the commonwealth amounting to seventeen dollars for holding an inquest over the dead body of Rufus Cox whch was examined by the court and found to be correct and ordered to be certified to the auditor of public accounts for payment.

A deed of bargain & sale from David Cox & Jane his wife, J. D. Cox & Polly his wife to Joseph B. Cox was proven in court acknowledged by Jane Cox, Polly Cox, & J. D. Cox as their act and deed and ordered to be recorded as to them.

Ordered that Fielden B. Parks be and he is hereby appointed overseer of a precinct of road oin the room of Lewis Haga resigned and that he keep the same in legal repair with the following list of hands, viz: Daniel F. Roberts, James W. Nelson, Wm. H. Nelson, Lorenzo D. Roberts, Joseph Roberts, Lewis Haga, Wm. Long, Andrew Haga, Martin Nelson, Jackson Cornett, Isom Cornett, Jacob Hackler, Fielden Haga, Fielden Roberts, Daniel R. Nelson, Wiley Roberts & John Brewer.

This day John W. Perkins commissioner of the revenue for the Western District or No. 1 of Grayson County produced an account against the commonwealth amounting to $113.20 cents for his services as such commissioner and the court doth certify that fifty days were necessary for the performance of his duties and the court doth further certify that his return of births and deaths & of the militia within his district was within the time prescribed by law.

This day James G. Carson commissioner of the revenue for the Eastern District or No. 2 of Grayson County produced an account against the commonwealth amounting to $117.29 cents for his services as such commissioner and the court doth certify that fifty days were necessary for the performance of his duties and the court doth further certify that his return of births and deaths & of the militia within his district was within the time prescribed by law.

John D. Cox this day presented in court a claim against the commonwealth amounting to $10.55 cents for services rendered in guarding Thomas Robinson (charged with felony) from Wytheville, Va., to Independence, Va., making 34 miles in going and the same in returning at 10 cents per mile & for his hire 3 days at $1.25 cts per day which claim being inspected by the court was allowed and ordered to be certified to the auditor of public accounts.

A deed of bargain & sale from G. H. Mathews comr. to Creed Nuckolls was produced in court acknowledged by the said Mathews as his act and deed and ordered to be recorded.

F. Carr, constable of Grayson County this day presented in Court a claim against the commonwealth amountin gto $2.60 for arresting John Green charged with murder and summoning eight witnesses for the commonwealth which claim being inspected by the court was allowed and ordered to be certified to the auditor of public accounts.

A. F. Gregory, this day presented in court a claim against the commonwealth amounting to $23.81 cents for dieting constable, guard & prisoners on the 12th , 13th, 14th& 15th of Feb. 1860 charged with kidnapping whcih claim being inspected by the court was allowed and ordered to be certified to the auditor of public accounts.

A deed from Hiram Jones & Susannah his wife to Jacob Robinson was presented in court and with the certificate of acknowledgement of Susannah Jones thereto annexed was ordered to be recorded as to her.

A deed of bargain & sale from Stephen M. Dickey & Jane his wife to Allen Gentry was presented in the Clerk’s Office on the 29th day of May 1861 acknowledged by the said Jane Dickey as her act and deed, she the said Jane Dickey being examined privily and apart from her husband as the law requires and admitted to record as to her.

A deed of bargain & sale from S. M. Dickey & wife to Robert H. Hoffman was presented in the clerk’s office on the 29th day of May 1861 acknowledged by the said S. M. Dickey & Jane his wife as their act and deed she the said Jane Dickey being examined privilty and apart from her husband as the law requires and admitted to record.

A deed of bargain & sale from J. B.Hash & als. To Mitchell Pugh was presented in the clerk’s office on the 12th day of June 1861, acknowledged by Wm. T. Perkins as his act and deed and admitted to record as to him.

A deed of bargain & sale from Johnson Parks to Philip Russell was presented in the clerk’s office on the 4th day of June 1861 and with the certificate of acknowledgements thereto annexed admitted to record.

A deed of bargain & sale from A. B. McMillan executor of John Milliaon Decd to Hezekiah Pasley was presented in the clerk’s office on the 3rd day of June 1861 acknowledged by the said A. B. McMillion as his act and deed and admitted to record.

A deed of bargain and sale from George W. Cornett, commissioner to Joseph T. Hampton was presented in the Clerk’s office on the 13th day of June 1861 acknowledged by the said Cornett as his act and deed and admitted to record.

A deed of bargain and sale from Elijah Collins & Margery his wife to John Collins was presented in the Clerk’s Office on the 24th day of June 1861 proved by the oaths of R. Collins & H. W. Roberts subscribing witnesses thereto as to Elijah Collins & with the certificate of acknowledgement and privy examination of Margery Collins thereto annexed admitted to record.

A settlement of the administration account of Ephraim Boyer administrator of Caroline Boyer Dec’d having been returned to court and ordered to lie over for exceptions and no exceptions having been taken thereto the same is ordered to be recorded.

A settlement of the administration account of John South Administrator for Joseph South’s estate having been returned to court and ordered to lie over for exceptions and no exceptions having been taken thereto the same is ordered to be recorded.

A settlement of the administration account of John W. Parsons & Isom Cox, Exr of John Cox, Senr., Dec’d was this day returned to court and ordered to lie over for exceptions.

An inventory of the papers belonging to the estate of Mastin Bourn dec;d was this day returned to court and ordered to be recorded.

A settlement of the administration account of George W. Cornett administrator of Wm. R. Dixon, Dec’d having been returned to court and ordered to lie over for exceptions and no exceptions having been taken thereto the same is ordered to be recorded.

John Green charged with having on the 28th day of May 1861 in the county of Grayson did feloneously, deliberately, premeditatedly, willfully and of his malice aforethought kill and murder Rufus Cox was this day again set to the bar in custody of the jailor of this county and the court having fully heard the evidence are of opinion that the said John Green ought to be tried for the said offense by the circuit court of this county whereupon the said John Green is remanded to jail for trial before the said circuit court at the next term.

Thomas Robinson charged with having on the 28th day of May 1861 in the county of Grayson did feloneously, deliberately, premeditatedly, willfully and of his malice aforethought kill and murder Rufus Cox was this day again set to the bar in custody of the jailor of this county and the court having fully heard the evidence are of opinion that the said Thomas Robinson ought to be tried for the said offense by the circuit court of this county whereupon the said Thomas Robinson is remanded to jail for trial before the said circuit court at the next term.

C. H. Rutherow, Anderson Rector, Jonathan Edwards, Jesse Edwards, Simes M. Smith, Floyd Muncies, Eliza Muncies, Mary Ann Cox, Amadina Muncies, G. B. Murphy, P. G. Hale, Alfred Overby, Cox C. Davis, Lewis Murphy, Stephen B. Murphy, Dow Davis & Sowel Isom this day appeared in court and severally acknowledged themselves to be indebted to the commonwealth of Virginia each of their respective goods and chattels, lands and tenaments to be levied for the use of the said commonwealth yet upon the condition that they shall severally appear before the judge of the circuit court of this court at the court house on the first day of the next term to give evidence on a bill of indictments before the grandjury to be preforce against John Green & Thomas Robinson, charged with murder and shall not depart there without leave of the said court, then this recognizance to be void else to remain in full force and virtue.

Ordered that F. J. Lundy be and he is hereby appointed a special commissioner in the room of Wm. B. Morgan to take an account in the case of Mauzy, Cooper & J. K. Ballard & others against Richard Billings heir of Alfred Billings Dec’d in order to ascertain the priority of their claims and report to court and it is also ordered that the plantiff have leave to amend their bill.

Ordered that Capt. S. M. Dickey have the uniform goods that was furnished for Capt. Andrew Rector’s company if he the said Rector does not organize next Saturday.

On motion of Joseph S. Simcock, who made oath as administrator of Rufus Cox, Dec’d and together with J. K. Simcock and Lewis Murphy, his securities entered into an acknowledges a bond in the penalty of one hundred and fifty dollars, conditioned according to law: certificate is granted to the said Joshua Simcock of obtaining letters of administration on the estate of Rufus Cox, Dec’d in due form.

Ordered that the following persons be appointed to provide for such of the volunteers families as may require it in the several districts of this county: R. Collins, Jeremiah Jennings, John Dickenson, Thompson Roberts, Jonathan Edwards, Alexr. Cornett, Robert Vaughan, Eli C. Hale, James Wright, John Cornett, A. G. Testerman, Harvey Hash, Benj. Phipps, David R. Pugh, Joseph Standerford, William Grubb, Levi B. Senter, John Weiss, Esqr., Stephen Pugh, & Wade H. Weaver, Hastin Fulton, Andrew Hampton, William Boyer, John Phipps & L. D. Bedwell.

A. B. Elliott & Wm. Pugh, Admr. of Wm. C. Spurlin, Pltffs
against
Ira Isom & T. J. Robinson, Defts
On a statement ordered that this cause be docketed.

Wm. Sexton, Appellant
against
Andrew Baker, Appellee
On an Appeal. Ordered that this cause be continued and on motion of the appellant it is ordered that a rule be made against Wm. Henderson & Wiley Sebastian summoning them to appear here on the first day of the next term of this court to shew cause if any they can why they should not be fined for their contempt in failing to appear here on this day having been legally summoned as a witness on behalf of Wm. Sexton against Andrew Baker which summons is to be directed to the sheriff of Smith and the Sheriff of Wythe.

E. C. Hale, Jno. M. Hale & Geo. W. Warrick who were appointed at the last March term of this court reviewers to view the way for a proposed new road this day returned their report which is ordered to lie over for exceptions & Philander McCarter also filed an other report.

Joseph Cox by his attorney this day appeared in court to be released as security for William Cox, Guardian for the orphan children of Ves. Halsey, Dec’d. Therefore it is considered by the court that Wm. Cox have till the next term of this court to give bond.

A settlement of the Administration account of Joseph P. Cox Administrator of the estate of Alexander Phipps, Dec’d No. 1 & 2 was this day returned to court and ordered to lie over for exceptions.

John C. Harrington & ____ Perkins, admr.
against
Elvira Perkins, infant heir of Ambrose Perkins
In Chancery. This cause came on this day to be heard upon the bill the exhibts filed, the answer of M. Young guardian ad litem for Elvira Perkins infant defendant and was agreed by counsel and it appearing to the court that the process awarded in this cause has been executed upon the defendant for three months and that the defendant Elvira Perkins is an infant under the age of 21 years, appeared by J. M. Young its guardian ad litum and answered the bill and it appearing to the court that the interest of said defendant would be advanced by sale of the land in the bill mentioned and that the personal property of Ambrose Perkins dec’d is not sufficient to pay all the debts from this estate and that [illegible] is liable to be exposed to sale for the discharge of the said debts [illegible] adjudged ordered and decreed by the court that the land on the bill mentioned belonging to the estate of Ambrose Perkins deceased except the widow’s dower be exposed to sale and that John C. Harrington be appointed a commissioner for that purpose, and that he sell the same in front of the court house door after advertising the time and place for 50 days by notice on the court hosue door and also notice in the settlement of the lands and 4 other public places in this county, that he sell the said land on a credit of 12 & 18 months, except costs which he is to collect at the sale and pay over to the parties intitled and take notes with good security in equal sums, payable to himself as commissioner and report to the court.

Ordered that the following claims be allowed and paid out of the county levy for the year 1861.

M. J. Jones for expenses $26.15
J. M. Young for expenses $26.15
Peter Younce for stone blowing $41.67
Randolph Collins Ford for stone blowing $25.00
Wm. J. Folkes for books &c. $39.00
Jas. W. Ballard for paper &c. $5.00
C. H. Courn for indexes $1.25
Stephen Thomas sheriff balance $584.29
Stephen Clark, for C. House $15.00
B. F. Watson for sign board $1.00
Furgeonson Pool for sign board $2.50
Chs. A. Fredeking for furnishing jail $17.80
Vaughn & Waugh for furnishing jail $1.35
R. P. Baker for services $17.80
Hoffman & Bramblett (allowed heretofore) $42.40
Stephen Hale for bank debt 1765.00
J. W. Vaughn & als for road &c. $400.00
Geo. W. Cornett ditto $75.00
Jer. Jennings, John Phipps & als. $18.00
Robert P. Baker & als for various services in various instances $151.95
Robert P. Baker public allowance $50.00
Robert Sayers sheriff of Wythe Co. For removing John K. Isom from Wythe jail $64.83
Waugh & Vaughan for C. Horses bill $25.12
Samuel McCamant report & claims $1115.70
McLean & Hale expended of Das Devil Co. $692.82
Doughton & Elliottt Do.$98.41
A. J. Tinsley, Claim $16.50
Jas. P. Dickenson for claim $6.00
A. J. Lundy for claim $16.34
Thomas V. Ammon for do. $430.00
P. G. Hale, for do. $3.25
Chs. A. Fredeking, do. $107.84
Richard Isom Do. $37.81
A. F. Gregory, Do. $2.20
A. F. Gregory, Do. $1.75
Vaughan & Waugh a/c goods &c. $169.65
Mrs. Martha R. Fredeking $21.40
Overseers Claims $856.65
Amts. $6920.51

1777 tithes.

Ordered that the sum of $2.50 cents be the county levy & that $2.50 be the amts of the militia tax for the present year & that the sheriff collect the same.

The court makes no allowance for justices or jurors for this year. The magistrates have agreed to render their services without compensation.

Ordered that the jail of Wythe County be adopted as the jail of this county for the special purpose of retaining John Green & Thomas Robinson for trial at the next term of the circuit court of this county.

Ordered that all the causes on the docket not otherwise disposed of be continued till the first day of the next term.

Ordered that court be adjourned until the first day of the next term.

Hastin Fulton

Virginia. At a quarterly court began and held for Grayson County at the court house thereof on Monday the 22nd day of July 1861.

Present Hastin Fulton, Presiding Justice, and P. G. Hale, Charles Hale, Stephen Boyer and John Dickenson other justices.

The following instruments of writing admitted to record in the clerk’s office of this court since the last term was produced in court, examined and ordered to be spread upon the records of this court viz:

A deed of bargain & sale from Stephen M. Dickey & Jane his wife to Emily Thomas was produced in the clerk’s office on the 20th day of July 1861 and acknowledged by S. M. Dickey as his act and deed and admitted to record as to him.

A deed of bargain & sale from Ira Isom to Lorenzo D. Hale trustee for Mary Hale wife of Said L. D. Hale and her heirs was produced in the clerk’s office on the 27th day of June 1861 proved by the oaths of G. H. Mathews and Richard Isom subscribing witnesses thereto and admitted to record.

A will from Jehu Larrowe to Joel H. Larrowe was presented in the clerk’s office on the 13th day of July 1861 acknowledged by the said Jehu Larrowe as his act and deed and admitted to record.

A deed of bargain & sale from John C. Phipps & Mazy his wife and Ruthy Phipps to Moses Lane was presented in the Clerk’s office on the 13th day of July 1861 proven by the oath of Mc. Anderson a subscribing witness thereto and continued for further proof.

A power of attorney from John C. Hampton to Joseph Hampton was presented in the clerk’s office on the 19th day of July 1861 and with the certificate of acknowledgement of John C.Hampton thereto annexed admitted to record.

A deed of bargain & sale from William Young to John H. Perkins was this day proven in court acknowledged by the said Young as his act and deed and ordered to be recorded.

A deed of bargain & sale from William Young to Polly Osborn & children was this day produced in court acknowledged by the said Young as his act and deed and ordered to be recorded.

A deed of bargain & sale from William Young to Sally Fields & children was this day produced in court acknowledged by the said Young as his act and deed and ordered to be recorded.

Eli Cornett, foreman, Lewis Bourn, Enoch C. Reeves, Thomas Anders, Samuel Cox, Jr., Robert Porter, Robert Taylor, Eli Hale, Enoch Coarr, Alexander Osborn, Zachariah Osborn, Solomon Osborn, Harvey Hash, Isaac Barton, Sr., Samuel C. Cox, William Boyer, Stephen Boyer, & Herrin Morton were sworn a grand jury of inquest for the body of this county and having received their charge were sent out of court to consider of their presentments and after some time returned into court and presented:

An indictment against Wm. H. Nelson & Jas. W. Nelson for a breach of the peace endorsed “a true bill.”
An indictment against Wm. Grubb for an assault endorsed “a true bill.”
An indictment against Wm. Grubb for an assault endorsed “a true bill.”
An indictment against Richard Irons & Nancy Brackins alias Nancy Edwards for lewdness endoresed “A true bill.”
And the said Grand Jury having nothing further to present were discharged.

Ordered that due process of law issue upon the foregoing indictments returnable to the first day of the next quarterly term of this court.

Ordered that Hastin Fulton be and he is hereby appointed a commissioner for Grayson County to receive some guns from Genl. John B. Floyd & receipt him for the same and that said guns be brought to this county.

William Sexton, Appellant
against
Andrew Baker, appellee
On an appeal. Ordered that the cause be continued and on motion of the appellant it is ordered that a rule be made against Wesley Sebastian summoning him to appear here on the first day of the next term of the court to shew cause if any he can why he should not be fined for his contempt in failing to attend here, having been legally summoned as a witness on behalf of William Sexton against Andrew Baker which summons is to be directed to the sheriff of Smyth.

Ordered that a rule be made against the sheriff of Smyth County returnable here on the first day of the next term to shew cause if any he can why he should not be fined for his contempt in failing to return a rule against Wesley Sebastian and snet to said sheriff to execute.

William Cox Guardian for Polly, Rosamond & Columbus Halsey orphans of Sylvester Halsey deceased having been notified by Joseph B. Cox one of his securities in a bond in the penalty of one thousand dollars as guardian aforesaid that he would move the court at this term to be released as security in said bond whereupon the said William Cox guardian as aforesaid came this day into court and with the permission of the court and together with Samuel C. Cox and Alexander Cox his securities entered into and acknowledged a bond in the penalty of one thousand dollars conditioned as the law directs.

Lucinda Carico, Pltff
against
Stephen Thomas (const) and A. W. Carson, Wesley Thomas and J. C. Harrington, securities, defts.
On a notice. This day came the parties by their attorneys and by reasons appearing to the court is ordered that the sureties be released and ordered to be docketed and contined with as to S. Thomas.

Overseers of the Poor of Grayson County, Pltff
against
Wm. H. Smith, Lafayett Oglesby & Joseph Hampton, Deft.
Action of debt. This day came the parties by their attorneys and by consent of parties it is ordered that this cause be removed to the circuit court of Grayson County for trial to be hand thereon and that this clerk of this court is directed to deliver tot he clerk of the said circuit court the papers in this cause together with the proceedings had thereupon with an estimate of the costs.

Ordered that Peyton G. Hale, Isom Cox and John Dickenson be appointed commissioners who shall have power and authority to hire out for and during the present war any free negro within the limits of this county & to make such [illegible] & further regulations respecting them as they consider proper.

Ordered that Isaac T. Barton be allowed the sum of $61.37 cents for work in making uniforms for the Grayson Rifles which is ordered to be paid out of the present year’s levy if sufficient if not to be paid out of the next years levy.

Ordered that a rule be made against Garland Trimble returned here on the first day of the next term to shew cause if any he can why he should not give new security as commissioner of William Trimble, deceased.

Commonwealth
against
Wm. H. Nelson, Deft
Upon an indictment for a breach of the peace. This day came the defendant in his own proper person as well as the attorney for the commonwealth and with the assent of the court the defendant confessed judgment for fifty cents fine and the costs and for reasons appearing to the court it is ordered that the fine aforesaid be remitted & all costs.

Commonwealth
against
James W. Nelson, Deft.
Upon an indictment for a breach of the peace. This day as well the attorney for the commonwealth as the defendant by his attorney who saith that he is not guilty in the manner and form as in the indictments against him is alledged, and of this he puts himself upon the country and the attorney for the commonwealth doth the like and the trial of the issue is deferred till the first day of the next quarterly term of this court.

Andrew J. Rector this day presented in court a claim against the commonwealth amounting to two dollars and sixty cents for arresting John D. Robinson charged with the murder of Rufus Cox and summoning eight witnesses which was examined by the Court and found tobe correct and ordered to be certified to the auditor of public accounts.

Andrew J. Rector this day appeared in court a claim against the commonwealth amounting to sixty cents for summoning two witnesses before the coroner’s jury, held over the dead body of Rufus Cox, which was examined by the court and ascertained to be correct and ordered to be certified to the auditor of Public accounts.

Ordered that Joseph Smitteal be and he is hereby appointed overseer of a precinct of road in room of Thomas Moore resigned, commencing at Robert Carsons on the Low Gap road and ending at the Carroll line, and that with the following list of hands he keep the same in legal repair, to wit: Isaac Moore, Churchwell Moore, Orvil Moore, Joshua Byrd, David C. Mallory, William Phillips, James Carico, Andrew Carico, Creed Carico, William Wheeler, Thomas Mallory & Isaac Moore, Jun.

Upon the application of Granville Boyer for a new road Charles Hale, Randolph Fielder and Robert Carson who were appointed at the last March term of this court reviewers to make said review this day returned their report to court which report is in the following words viz: “In obedience to an order made at the March term 1861 appointing C. Hale, R. Fielder & Robt. Carson to view a proposed rout for a road leading from Granville Boyers to Mumfor Carico’s we the undersigned reviewers met on the 19th July and reviewed the rout as shown by the owners of the land through which the said road will pass and beg leave to report that we believe the road will be of benefifical to the public as well as private individuals, and that the said road should be maid on the rout as shown to us by the land holders, and that the said owners of the land through which the road will pass are willing that the said road shall be made through their lands without any compensation, given under our hands this 19th July 1861.

Chas. Hale
R. Fielder

And it appearing from said report that the road as laid off by said reviewers if opened and established will be of public convenience and that the land holders through which the same passes consent thereto. It is therfore ordered that the same be opened and established as a part of the public highway, and that Joel Mallowy who is appointed General overseer with Richard Duffey, Joseph Smitteal, Granville Boyer, and Alfred Bartlett with their respective companies of hands proceed and open the same as reviewed and that Richard Duphy, Joseph Smitteal, Granville Boyer and Alfred Bartlett overseers as aforesaid, are hereby required to attend with their respective companies of hands when called on by said Mallory, Genl Overseer and work under his direction in the opening and completion of said road.

Joseph Cox this day presented in court a claim against the commonwealth amounting to twelve dollars and eighty cents for guarding Thomas Robinson three days charged with murder at 75 cents per day, to traveling 68 miles at 10 cts per mil in going and returning from Wytheville, Va. To Indpendence also expenses paid for a horse to ride, which was sworn to and examined by the court and found to be correct and ordered to be certified to the auditor of public accounts.

Wm. M. Dickenson this day presented in court a claim against the commonwealth amounting to twelve dollars and eighty cents for guarding Thomas Robinson three days charged with murder at 75 cents per day, to traveling 68 miles at 10 cts per mil in going and returning from Wytheville, Va. To Indpendence also expenses paid for a horse to ride, which was sworn to and examined by the court and found to be correct and ordered to be certified to the auditor of public accounts.

Jacob Hackler for Minitree Jones, Pltff
against
William Pugh, deft
In Debt. This day came the parties by their attorneys and the defendant by his attorney filed his demurur to the plantiff’s declaration and the plantiff joins in the said demurrer and the trial of this cause is deferred till the first day of the next quarterly term.

A settlement of the guardian account of Stephen Boyer guardian for John Busick was this day returned to court and ordered to lie over for exceptions.

Isom Cox, Admr. of Alexr. Phippd, Dec’d, pltff
against
William Pugh, Deft
In Debt. This day came the parties by their attornies in the defendants filed his plea, and the plantiff his re….cation thereto and issue being joined the trial thereof is deferred till the next term.

William Williams, Pltff
against
Johnson Carico, Deft
Action on the Case. The plantiff having failed to comply with the order entered in this cause at the last quarterly court requiring security for the payment of such costs [illegible] as might be awarded to the defendant and of the fees which would become due to the officers of the court on motion of the defendant by his attorney it is ordered that this cause be dismissed and that this plantiff pay to the defendant his costs by him about his defence in this behalf expended.

Ordered that S. M. Dickey be allowed the sum of $39.00 for conveying Thomas Robinson and John Green to Wytheville to he paid of the present years levy if sufficient, if not, out of the next years levy.

Joseph M. Young this day appeared in court and tendered his resignation as commissioner in chancery which was received by the court.

Martin Hanks for Thomas W. Carter, Pltff
against
Garland Trimble, surviving obligon of himself and Wm. J. Trimble, Dec’d, Deft.
This day came the parties by their attorneys and the defendant filed his plea, and the plantiff his replication thereto, and issue being joined the trial thereof is deferred till the next term.

Warner Hale, Pltff
against
D. N. Dalton, P. G. Hale & J. A. Lovel, Deft
In debt. Ordered that this cause be continued till the first day of the next quarterly term.

Ordered that court be adjourned till 9 o’clock tomorrow morning.

Hastin Fulton

Present the same justices as on yesterday.

Ordered that none of the claims allowed by the overseers of the poor be paid until reconsidered.

A. B. Elliott & Wm. Pugh, Adminr of Wm. C. Spurlin, Dec’d, Pltff
against
Ira Isom & Thomas J. Robinson, Defts
On attachment. Ordered that this cause be continued and opn motion of the plantiff by their attorney it is ordered that a rule be made against Haywood Cox & Richard Isom summoning them to appear here on the first day of the next term to shew cause if any they can why they should not be fined for their contempt in failing to attend here at the June term of this court as garnishees.

Mitchel Wright, Pltff
against
Charlotty & Nancy Phelps, Defts
Unlawful detainer. On motion of the plaintiff by his attorney it is ordered that this cause be dismissed.

A settlement of the administration account of Joseph P. Cox administrator of Alexander Phipps, Dec’d No. 1 & 2 having been returned to court and ordered to lie over for inspection, and no exceptions having been taken thereto the same is ordered to be recorded.

A settlement of the administration account of Isom Cox and John W. Parson, Exrs of John Cox, Sen., Dec’d having been returned to court and ordered to lie over for exceptions, and no exceptions having been taken thereto the same is ordered to be recorded.

A settlement of the administration account of John C. Harrington & Lorinda Perkins, administrator and administratrix of Ambrose Perkins, Dec’d having been returned to court and ordered to lie over for exceptions having been taken thereto the same is ordered to be recorded.

John Hash, pltf against John Wright, Deft., tresspass
S. M. Hale, Pltf, against Lewis Hale, Deft., debt
Commonwealth, Pltf against George Bobbett, Deft [illegible]
J enkins Roberts & Co., Pltfs against Peyton G. Hale, Deft, case
Kent, Paine & Kent, Pltf, against Edward Neikirk & Co, Deft., case
D. Jane & son, Pltf, against Edward Neikirk & Co., Deft., case
Same, Pltf against Fulton Darnall & Co., Deft, Case
Jesse A. Reaves, Admir, Pltf., against M. N. Calloway, Deft., Debt
Jesse A. Reaves, Admir, Pltf, against J. M. & M. N. Calloway, Defts, Debt
Kincannon & Sanders, Pltf, against Wm. Rhudy, Defts, case
Josiah Halsey, Pltf, against Daniel Moxley, Deft, Debt
Dennis & M. Wright, Pltf against Charles Sexton, Deft, Debt
Stephen Pugh for &c., Pltf. Against John F. Greear, Deft, Case
James A. Schoolfield & Co., Pltf against Amos Pickle Deft, Case.
S. M. Dickey, pltff, aginst Lewis F. Austin, Deft, Case
L. J. Bourn, Pltff against P. G. Hale, Deft, Case
D. Oglesby, Pltff against Thomas M. Oglesby, Deft, Debt
C. H. Hoffman, Pltff against Jacob A. Hackler, Deft., Debt
John Dickenson, Pltff against F. M. Nelson & Co., Defts, Debt
Ira Isom for &c. Pltff against Ezra Collins & als., Defts, Debt
A. J. Steadman, Pltffs against John Isom & als., Defts, Debt
Ezra N. Sheffy, Pltff against Creed N. Welsh, Deft, Debt
Ordered that these causes be continued until the first day of the next quarterly term.

Commonwealth
against
Edward McCormack, Deft
Indictment for larceny. The capias awarded at the last term of the court being returned not executed it is ordered that a new capias ad audiendum be awarded against the defendant returnable here on the first day of the next quarterly term.

Commonwealth
against
Wm. Hale, Deft.,
Indict. For an assault. The capias awarded at the last term of the court being returned not executed it is ordered that a new capias be awarded against the defendant returnable here on the first day of the next quarterly term.

Commonwealth against Robert Porter, Deft., indict for Vol. Fighting.
Ordered that this cause be continued until the first day of the next quarterly term.

Daniel Robins, Pltff
against
P. D. Bean, Deft.
In Case. This day came the parties by their attorney and the defendant being solemnly called and came not, therefore it is considered by the court that the plantiff recover against the said defendant, the sum of $25.50 with legal interest thereon with legal interest thereon from the 9th day of September 1859 till paid and his costs by him about his suit this day expended. Credit the [illegible] judgment $20.23 [illegible]

John R. Isom for Wm. O. Hampton, Pltff
against
H. H. Todd & A. J. Todd, Defts
In Debt. This day came the parties by their attorneys and by reasons appearing to the court it is therefore considered by the court that the plantiff have judgment against the said defendants for the sum of two hundred dollars with legal interest theron from the 6th day of January 1858 till paid and the costs, subject to a credit of $50.00 paid April 14th, 1860.

Ordered that all the causes on the docket not otherwise disposed of be continued.

Ordered that court be adjourned till the first day of the next term.

Hastin Fulton

Office Judgments July Term 1861

Thomas J. Carson, Pltff against Daniel Moxley, Deft, in debt.
Judgment for $142.10 cents with legal interest theron from the 1st day of October 1860 till paid & the costs subject to a credit of $10.00 paid May 21st 1860.

Milly Scott for John R. Pool, Pltff against Jackson Spurlin, Deft.
In Debt. Judgment for $100.00 with legal interest thereon from the 25th day of December 1860 till paid and the costs.

Teste. Jas. W. Ballard, C.C.

Virginia at a court held for Grayson County at the court house thereof on Monday the 26th day of August 1861.

Present, H. W. Roberts, Presiding Justice; and P. G. Hale, Charles Hale, Stephen Boyer & F. Livesay other justices.

The following instruments of writing admitted to record in the clerk’s office of this court since the last term was produced in court, examined and ordered to be spread on the records of this court, viz:

On motion of the sheriff of Smith County by his attorney and for reasons appearing to the court, the rule made against him at the last term of this court for failing to return a rule against Wesley Sebastian and sent to him to execute is discharged.

A. B. Elliott & Wm. Pugh, Admrs. Of Wm. C. Spurlin, Dec’d., Pltff
against
Ira Isom & Thos. J. Robinson, Defts
On an attachment. Andrew Robinson having been summoned as a garnishee to appere here at the last June term of this court this day appeared in court and after being sworn sayd that Thomas Robinson has a sadle and rifle fun in his possession and that there is no more effects of Thomas Robinson in his hands, therefore it is considered by the court that the sheriff of this county sell said Saddle & gun and apply the proceeds to the plantiff’s debt, and that the plantiff recover against the defendants their costs about their suit in this behalf expended.

The last will and testament of Andrew Hampton, Sr., deceased was this day produced in court and proven by the oaths of Benjamin Moore and Constantine Robins subscribing witnesses thereto and ordered to be recorded. And Andrew Hampton and Litrel Hampton the executors named in the will appeared in court took the oath required by law and together with George Hackler their security entered into and acknowledged a bond in the penalty of three thousand dollars conditioned according to law. Certificate is granted them for obtaining a probate of said will in due form.

Ordered that Benjamin Moore, Andrew Robinson and John Ring after first being sworn, do truly and justly apprais in current money, the personal estate of Andrew Hampton deceased and return the appraisment under their hands to the court.

A. P. Wells and J. K. Ballard two of the official securties of Robert P. Baker Sheriff of this county presented their petition praying to be released from their suretyship and it appearing that said Baker has had reasonable notice of said application, it is ordered that he do give a new bond, as sheriff of Grayson County at the next term of this court, with good and sufficient security as the law directs.

A rule against Garland Trimble summoning him to appear here at this term of the court to shew cause if any he can why he should not give new security as Administrator of Wm. Trimble deceased was this day returned to court and ordered to be filed docketed and continued till the next term.

On motion of Eli Cornett and Rosamond A. Hale who made oath as administrator and administratrix of Peyton N. Hale deceased and together with Eli C. Hale, W. D. Hale, Jno. McLean, & Alexander Cornett their securities entered into and acknowledged a bond in the penalty of twelve thousand dollars, conditioned according to law. Certificate is granted to the said Eli Cornett & Rosamond A. Hale of obtaining letters of Administration of the estate of Peyton N. Hale deceased in due form.

Ordered that Levi Cornett, Mastin Hale & P. G. Hale after first being sworn do truly and justly appears in current money the personal estate of Peyton N. Hale deceased and returned the appraisment under their hands to the court.

On motion of Wiley D. Hale who made oath as administration of Creed B. Hale, deceased and together with Eli Cornett and Eli C. Hale his securities entered into and acknowledged a bond in the penalty of four thousand dollars conditioned according to law. Certificate is granted the said W. D. Hale of having letters of administration on the estate of Creed B. Hale, dec’d in due form.

Ordered that Eli Hale, P. G. Hale, & Levi Cornett after first being sworn do truly and justly apprais in current money the personal estate of Creed B. Hale deceased and return the appraisment under their hands to the court.

The Commissioners theretofore appointed to purchase horses for the Grayson Cavalry & to equip the same having been compelled to purchase, saddles, bridles &c at various prices and from various persons, it is ordered that they be directed to make out an account of all such purchases and retun a list of the same to the clerk of this court to be entered of record therein and it is further ordered that the said clerk may issue bonds for the several amounts payable as directed to those entitled to receive the same and it is further ordered that the said commissioners may furnish such persons as have united with said company in the same manner that has been done, provided that not more than two thousand dollars be expended in addition to what has already been expended & the clerk is required to issue bond as above, for such additional sum and it is further ordered that John Dickenson be appointed a special commissioner on the part of the county to collect from the Confederate government any money that may be due to the county of Grayson for property furnished volunteers and pay the same over in the redemption of tthe county bonds given for the said equipment and the said John Dickenson is required to execute bond with approved security for the faithful discharge of the duty aforesaid.

Rees Parks who stands charged with a felony by him committed in the county of Grayson and within the jurisdiction of this court in this that the said Rees Parks did on the 14th day of August 1861 in the said county did feloniously committ the detestable and abominable crime against nature by having carnal intercourse and copulation with a beast, to wit, with a cow, was this day set to the bar in custody of Sheriff of this county, and the court having heard the evidence, are of opinion that there is no probable cause to believe the said Rees Parks guilty of the felony wherewith he stands charged and that he ought to be discharged. Therefore it is ordered by the court that he be discharged from all further prosecurtion of said offense.

William Sexton, appellant
against
Andrew Baker, Appellee
On an appeal from a judgment of a justice of the peace rendered in the 21st day of January 1860, against the appellant for $30.39 cents. This day came the parties by their attorney and sundry witnesses being sworn and the testimony not being fully taken the trial of the cause is continued till tomorrow.

Ordered that court be adjourned till tomorrow 9 o’clock.

H. W. Roberts

Virginia. At a monthly court continued and held for Grayson County at the court house thereof on Tuesday the 27th day of August 1861.

Present Hughs W. Roberts, presiding justice and Stephen Boyer and Charles Hale other justices.

John W. Warrick who were appointed at the November term 1858 of this court General Superintended to open a new road from the Mud Pike road near David Pool, to the Island ford near Andrew Robinsons, this day returned his order and it appearing to the court that said new road has been opened according to law, it is ordered by the court that said new road be established as a part of the public highway and that the old Island ford road be discontinued from the forks of the road at the John Wright house to the forks of the road near the Island ford.

Ordered that John W. Warrick be and he is hereby appointed overseer of a new precinct of road from the Mud Pike road near David Pool’s old place to ford of the river at [illegible] and that with the following lists of hands he keep the same in legal repair, viz: Constantine W. Robbins, Wm. Warrick, James G. Carson, Robt. G. Carson, Jones Church & Newell & Hamptons Lewis & George.

William Sexton, appellant
against
Andrew Baker, Appellee
On an appeal from a judgment of a justice of the peace rendered in the 21st day of January 1860, against the appellant for $30.39 cents. This day came the parties by their attorneys and this cause was this day fully heard and it appearing to the court that the said judgment is wrong, therefore it is considered by the court that the said judgment be reversed and annulled and that the appellant recover against the appellee his costs about his suit in this behalf expended.

Ordered that Samuel Cox, Jr., be and he is hereby appointed overseer of the precinct of road from New River to the ford of Little River in the room of Thornton Jennings resigned and that with the following list of hands he keep the same in legal repair, viz: William Sexton, Lorenzo D. Sexton, John Sexton, Wm. Hodge, Gideon South, Callaway Cox, Richard Taylor, Jackson Halsey, Alexander Cox, John Coleman, Wm. Shaw & Thornton Jennings.

Ordered that Jacob Rector be and he is hereby appointed overseer of the precinct of road in the room of Daniel Moxley resigned, from Bens Branch to the top of the hill near the flat rock and with the followin list of hands he keep the same in legal repair, viz: John Pool, Hampton Hackler, Abner Gooch, Barna Carico, Andrew Cole, Levi Cole, Joel Hash, James Phipps & Daniel Moxley.

A deed form George D. Reeves & Charles H. Doughton to Isom Reeves was this day produced in court acknowledged by the said George D. Reeves & C. H. Doughton as their act and deed and ordered to be recorded.

John S. Johnson this day presented in Court a claim against the commonwealth amounting to fortythree dollars and thirty five cents for travelling three hundred and fourteen miles in searching and arresting Thomas Robinson, charged with murder also to necessary expenses incurred in performing said service which claim was examined by the court allowed and ordered to be certified to the auditor of public accounts.

Charles Hale, Ephraim Boyer & R. Fielder who were appointed at the March term of this court 1861 to allott hands between the following overseers of roads, to wit: Thos. Burris, Franklin Tomlinson, Bluford Pool & (A. Byrd) now Robert Currin, this day returned their report which report is in the following words and figures to wit: “In obdience to an order made at the March term 1861 appointing Chas. Hale, Ephraim Boyer, & R. Fielder to allott hands for the following overseers of roads to wit: Thos. Burris, Franklin Tomlinson, Bluford Pool & (A. Byrd) now Robt. Currin, this day returned our report to the court, given under our hands tthe Aug. 26, 1861.

Chas. Hale
Ephraim Boyer

Orderd that the following list of hands be certified to Franklin Tomlinson overseer of a precinct of road to wit: Charles Hale, Burgess Tomlinson, Ephraim Boyer, Harvey Boyer, Shepherd Butner, Peyton Ring, Allen Mundy & Tomlins Jack, Hales Creed, Young Abner, Riner Alfred & Pleasant.

Ordered that the following list of hands be certified to Bluford Pool overseer of a precinct of road to wit: Saml. Byrd, Jesse Rhudy, Buks Pool, Joe Currin, Randolph Fielder, Frank Martin, Kenly Fielder, Austin King, Wiley Bourn, Alfred Pool, Byron Hall, Stephen Porter, John Hampton, Hastin Bourn & Saml. Porter.

Ordered that the following list of hands be certified to Robt. Currin overseer of a precinct of road to wit: Harvey Vaughan, John Hampton, Wm. Goins, Wm. Jones, Stephen Byrd, Stephen Vaughan, Freel Vaughan, Saml. F. Byrd, George Byrd, Jacob Hale, Alexr. Porter, Clark Vaughan, Boling Byrd, Anthony B. Byrd, Joseph Vaughan, James Funk, John Byrd, & Johnson Vaughan

Ordered that the following list of hands be certified to Thomas Burris, overseer of a precinct of road to wit: Jeremiah Shupe, Henry Trent, Wm. A. Carsons, Joseph Wilson, Milas [blank], Wm. Wilson, Richard Byrd, Stephen Byrd, & James Shupe.

A deed of bargain & sale from G. H. Mathews trustee for Rosamond M. Wright to Richard T. Isom was this day produced in court and fully proved by the oath of David Sexton a subscribing witness thereto and ordered to be recorded.

A deed of bargain & sale from David Cox & als to Joseph B. Cox was this day produced in court, acknowledged by the said David Cox as his act and deed and ordered to be recorded.

James Dickey, jailor of Grayson County this day presented in court a claim against the commonwealth amounting to two dollars and twenty five cents for receiving dieting and releasing Rees Parks from jail charged with felony which claim being examined by the court was allowed and ordered to be certified to the auditor of public accounts.

A settlement of the administration account of Solomon Osborn & Troy Cox administrators of Felix Osborn deceased was this day returned to court and ordered to lie over for exceptions.

Lucinda Carico, Pltdd
against
S. Thomas, Constable
Upon a notice to recover against the defendant ebt against Frederick Hines put in said defendants hands to collect.
This day came the parties by their attorneys and sundry witnesses being sworn and examined, and the parties fully heard, it seems to the court that the plantiff ought to have judgment against the said defendant, therefore it is considered by the court that the plantiff recover against the defendant the sum of seventeen dollars and fifty cents with legal interest thereon from the 22nd day of July 1856 till paid & each party paying his own costs.

On the motion of Robt. P. Baker, Harvey Moyers is appointed and permitted to qualify as his deputy sheriff during pleasure and thereupon the said Harvey Moyers took the several oaths required by law.

James F. Vaught, Pltf against Rial Martin & als., Defts, motion
William Sayers, Pltf agianst William Dalton, & als, Defts, motion
Farmers Bank Va. Pltf against Dennis Fielder & als., Defts, notice
same Pltf against same defts., notice
D. Fielder Pltf against T. F. Perkins & als. No. 5, Deft., Notice
Dickenson & Nuckolls, Pltfs against D. Fielder & als., Defts, Notice
J. B. Young, Pltf, against D. Fielder & als., Deft, notice
James L. Bourn, Pltf, against Lacy Austin, Deft, appeal
James F. Roberts & al., Pltf, against Daniel F. Roberts, Deft, Road
Wm. Sexton, Pltf, against Andrew Baker, Deft, appeal
Harden Cox, Plft, against L. J. Perkins, Deft. Appeal
Daniel Moxley, Pltf, against James Morgan, Deft, Appeal

Kent, Paine & Kent, Pltffs, against W. Edwards, & als, Defts, Motion
same, pltff against same & als, Defts, motion
Mitchell Wright, Pltf, aginst Nancy & C. Phelps, Defts, [illegible]
Jehu L. Larrowe, Pltff, aginst Spencer H. Brackins, Deft., [illegible]

Enoch W. Cox, Pltff, agianst L. D. Hale, & als., Defts, Appeal
James F. Roberts & als., Pltffs against Daniel F. Roberts & als, Defts, Road
Philander McCarty, Pltff, against Levi Cornett & als, Defts, road.

Ordered that these several causes be continued.

Jackson B. Hash vs. Stephen Comer, Deft, In Chancery
Hash & Dickenson for &c., Pltffs against Isaac Plummer, Deft., in Chancery
J. K. Ballard, Pltff, against Josiah Bonham, Deft, In Chancery
Mauzy Cooper & als, Pltff, against Richard Billings, Deft., In Chancery
Reuben Cornett For &c., Pltff, against John Comer, Deft, In Chancery
Jos. Phipps & als, Pltfs, against John Isom, Deft, In Chancery
Plummer & Jones, Pltff against Calvin Blevins, Deft., In Chancery
Thomas & Dickey, Pltff, against Clark Porter & als, Defts, In Chancery
John & Wm. B. Dickenson, Pltffs, against Mary Dickenson Heirs, Defts, In Chancery
Lewis Dixon, Pltff, against H. Dixon, & als, Defts, In Chancery
J. P. Byrd, Pltff, against M. Bourn & als, In Chancery
J. W. Vaughan for &c., pltffs against Pugh & Hackler, Defts, in Chancery
Weldon Edwards for &c., Pltffs against Elizabeth Craig, Defts in Chancery
Ordered that these causes be continued till the next term.

Ordered that Court be adjourned till the first day of the next term.

H. W. Roberts

Virginia In the Clerk’s office of Grayson County Court on the 11 day of September 1861.

George W. Cornett for A. B. McMillan, Pltff
against
Jonathan Gentry, Deft
In Debt. This day came the plantiff by his attorney as well as the defendant in his own proper person and acknowledged the plantiff’s action for $410. The amount of the debt mentioned in the summons issued in this cause. Therefore the said Jonathan Gentry acknowledged judgment for the sum of four hundred and ten dollars with legal interest thereon from the 16th day of April 1861 till paid & the costs. Subject ot a credit of ten dollars paid April 16, 1861.

Teste.
Jas. W. Ballard, C.C.

Virginia. At a court held for Grayson County at the court house thereof on Monday the 23rd day of September 1861.

Present, H. W. Roberts, presiding justice and P. G. Hale, S. F. Anderson & Wm. D. Baldwin other justices.

The following instruments of writing admitted to record in the clerk’s office of this court since the last term was produced in court examined and ordered to be spread on the records of this court viz:

A deed of bargain & sale from William Farmer to C. O. Davis was presented in the clerk’s office on the 29th day of August 1861 acknowledged by the said Farmer as his act and deed and admitted to record.

A deed of bargain & sale from Stephen Ross & Elizabeth his wife to George W. Ross was presented in the Clerk’s office on the 29th day of August 1861 and with the certificate of acknowledgement and privy examination thereto annexed admitted to record.

A deed of bargain & sale from Stephen Ross & Elizabeth his wife to George W. Ross was presented in the Clerk’s office on the 29th day of August 1861 and with the certificate of acknowledgement and privy examination thereto annexed admitted to record.

A deed of bargain & sale from L. S. Sutherland to Rebecca S. Hale was presented in the clerk’s office on the 2nd day of September 1861, acknowledged by the said L. S. Sutherland as his act and deed and admitted to record.

A bond from Alexander Elliott to A. B. Elliott was presented in the clerk’s office on the 3rd day of September 1861 acknowledged by the said Alexr. Elliott as his act and deed and admitted to record.

A deed of bargain and sale from A. B. Elliott & Peggy his wife to Alexander Elliott was presented in the clerk’s office on the 3rd day of September 1861, acknowledged by the said A. B. Elliott & Peggy his wife as their act and deed, she the said Peggy Elliott being examined privily and apart from her husband as the law requires and admitted to record.

A deed of bargain & sale from Wilborn Carr & Polly his wife to Enoch Green was presented in the clerk’s office on the 5th day of September 1861, acknowledged by the said Wilborn Carr and admitted to record.

A deed of bargain & sale from Emanuel Long to George W. Cornett was presented in the clerk’s office on the 12th day of September 1861 acknowledged by the said Long as his act and deed and admitted to record.

A deed of bargain & sale from S. M. Dickey & Jane his wife to Emily Thomas was again presented in the clerk’s office on the 19th day of September 1861 acknowledged by the said Jane Dickey as her act and deed, she the said Jane Dickey being examined privily and apart from her husband as the law requires and admitted to record.

A deed of bargain & sale from Armstead Todd and Lydia his wife to Warren Rector was produced in court and with the certificate of acknowledgement of Armstead Tobb & Lydia his wife & privy examination of Lydia Todd thereto annexed ordered to be recorded.

A deed of bargain & sale from Solomon Spencer to Joseph Spencer was produced in court and with the certificate of acknowledgement of Solomon Spencer thereto annexed ordered to be recorded.

A deed of bargain & sale from Cornelius Debord and Elizabeth his wife and Zachariah Comer & Tempy his wife & Sally Spencer to Joseph Spencer was produced in court and with the certificate of acknowledgement and privy examination thereto annexed ordered to be recorded.

Ephraim Boyer, Pltff
against
Mumford Carico & Wm. S. Williams, Defts
In Chancery. This cause came on this day to be heard upon the bill, the exhibits filed and was argued by counsel and it appearing to the court that the process awarded in this cause has been executed for more than three months, and the defendants, having failed to appear and answer, the bill is taken for confessed, and it appearing to the court that the defendants Mumford Carico and Wm. S. Williams here in court consent for this decree and that the land in the bill mentioned belonging to the defendants is liable to be exposed to sale for the payment of the plantiff’s debts mentioned in the bill and that the judgments constitute a lien upon said land, and that the rents and profits would not pay the said debts in five years, it is ordered adjudged and decreed by the court that the said tracts or parcels of land belonging to Mumford Carico and said Wm. Williams be exposed to sale, and that the proceeds be applied to the payment of Pltff’s debts & costs mentioned in the bill and that G. W. Cornett be appointed a commissioner to make sale of said land in front of the court house door after giving 20 days notice of the time and place on the door of the court hosue and 2 other public places in this county and that said Cornett sell the said land when he deems it proper and right under the law, on a credit of 6 months except costs which he is to collect on the day of sale, taking bond and security payable to himself as commissioner and report to court.

John Vaughan for J. W. Vaughan, Pltff
against
Creed Pool, Jane Sexton and others, Defts
In Chy. This cause came on this day to be heard upon the bill the answer of J. M. Young guardian ad litum for the infant defendants the papers filed and was argued by counsel and it appearing to the court that the process awarded in this cause has been executed upon the defendants, who are citizens of the commonwealth of Virginia for more than four months and that a portion of the defendants are not residents of the Commonwealth and that an order of publication has been published four weeks in the Mountain News a paper published in the town of Independence, Grayson County and notice posted for three terms of the county court of Grayson County on the court house door, and they all (the defendants) having failed to appear and answer, the bill is taken for confessed and it appearing to the court that the tract or parcel of land mentioned in the bill belonging to Jane Sexton is liable to be exposed to sale and that the rents and profits of the same would not pay the debt in the bill mentioned in five years and that the judgment of the plantiff is a lien upon said land and that said judgment was obtained for burying cloaths and funeral expenses of Jane Sexton it is therefore adjudged ordered and decreed by the court that the said tract of land belonging to Jane Sexton deceased be exposed to sale as soon as the heirs in this state consent and if they will not consent for sale to be made now as soon as the stay law chancges then the said tract of land is to be sold in front of the court house door, by G. W. Cornett who is appointed a commissioner for that purpose, & who shall give 20 days notice of the time and place and that he sell the said land on a credit of 6 months except costs of suit and expense of sale, which he must collect on the day of sale taking bond and security payable to himself as commissioner and report to court.

Ordered that Newel Pool be and he is hereby appointed overseer of a precinct of road from the signboard at Andrew Robinson’s to the Island Ford in room of Mark Sesler and that with the list of hands to be certified to him by L. Hampton & Wesley Warrick he keep the same in legal repair.

Ordered that L. Hampton & Wesley Warrick be and there are hereby appointed to allot hands between Elijah Adams overseer of the Roads and Newel Pool and furnish them said list.

On motion of Catherine Thomas who made oath as administratrix of Johnson Thomas, deceased, and together with Stephen Thomas and Joshua Reeves her securities entered into and acknowledged a bond in the penalty of two thousand dollars conditioned according to law. Certificate is granted to the said Catherine Thomas of obtaining letters of administration on the estate of Johnson Thomas, Deceased in due form.

Ordered that Shadrick Greear, Wm. Grubb & Stephen Thomas after first being sworn to truly and justly apprais in current money the said estate of Johnson Thomas dec’d and return the appraisment under their hands to the court.

James Dickey jailor of this county produced in court a claim against the commonwealth amounting to sixty four dollars and seventy five cents for dieting Amy Ward a lunatic from the 20th day of March 1861 to the 20th day of September 1861 which was examined by the court and found to be correct the same is ordered to be certified to the auditor of public accounts for payment. And it appearing to the statisfaction of the court that application has been made to the lunatic assylum at least once in every two months and refused.

Allen P. Wells & J. K. Ballard having at the last term of this court filed their petition to be released from being long the sureties of Robert P. Baker sheriff of this county and it appearing that said Baker has had reasonable notice of their intended motion, this court required said Baker to give such new bond by this term of the court and the said Robert Baker having failed to give such new bond, at this term as he was required by the court to do, the court decrees that said Robert P. Baker to have been guilty of a breach of his official duty, therefore it is considered by the court that the said Robert P. Baker be forthwith removed from his office of sheriff of Grayson County and the said office from this day is declared vacant and annulled and that the said sureties be henceforth relieved and released from all liability for any breach of duty (or otherwise) committed after this day and that said Wells & Ballard recover against Baker their costs in this behalf expended.

Ordered that an election be held on the 6th day of November next to suply the vacancy of high sheriff of this county occasioned by Robert P. Baker failing to give new bond as required by the court and that the commissioners and criers appointed to superintend the election to be held on the 6th day of November next as required to open a poll at each precinct of voting on that day for the purpose of electing a sheriff to supply said vacancy.

A settlement of the administration account of Solomon Osborn and Troy Cox administrators of Felix Osborn Dec’d was returned at the last term of this court and ordered to lie over for exceptions was again produced in court and Alexander Osborn by his attorney objected to admitting the settlement to record and with permission of the court filed his objections and it is decreed that the settlement lie over for further proceedings to be had thereon.

Ordered that court be adjourned until 9 o’clock tomorrow morning.

H. W. Roberts

Virginia. At a county court continued and held for Grayson County at the court house thereof on Tuesday the 24th day of September 1861.

Present H. W. Roberts, Presiding Justice; and John Dickenson, P. G. Hale, Hastin Fulton, & B. Darnall other justices.

The court doth appoint Samuel Sutherland a committee of the estate of Alexander Sutherland, a lunatic with full power to control said estate both real and personal and be subject to all the duties and liabilities and obligations as such, whereupon the said Samuel Sutherland together with Alexr. Hampton, Joseph H. Stone, & F. M. Sutherland his securities entered into and acknowledged a bond in the penalty os sixteen thousand dollars conditioned according to law.

Ordered that James Wright, Stephen B. Cornett & Levi Cornett after first being sworn do truly and just apprais the personal estate of Alexander Sutherland a lunatic and retun their appriasment under their hands to the court.

Ordered that Samuel Sutherland, committee of Alexander Sutherland pay all costs accruing in having the committee appointed over Alexander Sutherland.

Ordered that an election be held on the 6th day of November 1861 to supply the vacancy of constable in District No. 3 of Grayson County occasioned by the death of F. L. Austin and that the commissioners and criers appointed to superintend the election to be held on the 6th day of November next, are required to open a poll at each precinct of voting in said county on that day for the purpose of electing a constable to supply said vacancy.

Ordered that the Sheriff of Grayson County collect the militia tax laid at the last levy from each tithable and all volunteers that serves in the present war are to have the militia tax refurned.

A rule having been served on Garland Trimble Administator of Wm. Trimble, Dec’d at the last term of this court to shew cause if any he could why he should not give new bond as said Administrator and tiem was given by said court till this term of the court for said Trimble to execute said bond and he failing to execute said bond as required by the court, it is ordered by the court that he be forthwith removed from his office as administrator & that he pay all costs accrued by said motion.

Minitree Jones, Sr. presented in court a claim against the commonwealth amounting to $8.00 for milage on 40 miles in going and the same in returning from Independence, Virginia to Dobson North Carolina acting as guard in Guarding John R. Isom charged with felony which being proved by affidavit was examined allowed and ordered to be certified to the auditor of public accounts.

The office of sheriff of this county having become vacant by the failure of Robert P. Baker to execute a bond as required Peyton G. Hale coroner of the said county is appointed to fill the said office until the same is filled by an election, to be held on the 6th day of November next, whereupon the said Peyton G. Hale as coroner aforesaid took the oaths required by law and together with Marville Thomas, John Dickenson & George W. Cornett his securities entered into and acknowledged a bond in the penalty of $10,000 conditioned according to law.

On the motion of P. G. Hale coroner of Grayson County Marville Thomas is appointed and permitted to qualify as his deputy during pleasure and thereupon the said Marville Thomas took the several oaths required by law.

An appraisment and sale bill of the personal estate of Rufus Cox Dec’d was this day returned to court and ordered to be recorded.

A deed of bargain & sale from Richard Perry to David N. Cox was presented in the clerk’s office on the 23d day of September 1861 and proved by the oaths of R. Gambill & Wm. Ham Subscribing witnesses and admitted to record.

Creed and Clark Nuckolls, Plantiffs
against
Elizabeth Craig
In Chancery. This cause came on this day to be heard upon the bill the papers heretofore said, the former decree the report of G. W. Cornett and was argued by counsel and it appearing to the court that the report of said Cornett has been filed for 30 days and no exceptions having been taken, the same is received and confirmed by the court, and it appearing to the court from said report that G. W. Cornett has sold the tract of land according to the former decree in this cause, but that Creed Nuckolls, has not paid the costs of suit and expense of sale nor executed his note to said Cornett for the pruchase money it is adjudged, ordered and decreed by the court that Creek and Clark Nuckolls pay to Geo. W. Cornett the costs of suit, expense of sale and commission on the suite and commission on the amount for which the land in the bill mentioned sold,and that after all this is paid that said Cornett give Elizabeth Craig credit for the remainder of the amount for whcih the land sold on the debt upon which suit was instituted and that Elizabeth Craig pay the balanace to said Nuckolls on said debt, and it is decreed by the court that G. W. Cornett be appointed a commissioner to make a title with special warranty to the land in the bill mentioned to Creed & Clark Nuckolls, jointly or seperately as they may desire and the ends for which this suit was instituted having been fully attained to the interest of parties interested it is ordered that the same be stricken from the docket.

J. W. Vaughan for the benefit of Creed Nuckolls
against
Wm. Pugh & Jacob Hackler
In Chancery. This cause came on this day to be heard again upon the bill the exhibits filed the papers heretofore read the report of G. W. Cornett commissioner and was argued by counsel, and it appearing to the court that the report of said Cornett has been filed more than 30 days and that no exceptions have been taken to said report, it is received and confirmed by the court, and it appearing to the court from said report that the land in the bill mentioned has been sold by said Cornett at public sale in front of the court house door after notice accoridng to the terms of the decree and that Wm. Pugh purchased the same, it is adjudged ordered and decreed by the court that Wm. Pugh pay over to G. W. Cornett the four hundred and twenty nine dollars for which eh said land sold and that said Cornett then take to himself the costs of suit expended of sale and pay over costs to the parties entitled and then reserve to himself legal commission on the amount for which the land in the bill mentioned sold, and then pay over to Creed Nuckolls the amount of his debt and interest and then pay over to J. W. Vaughn the amount of his debt, mentioned in the report of said Cornett, if there is enough for that purpose and after this, if any money remain in his hands of the debt due from Wem. Pugh then pay it over to said Pugh when the said Pugh pays the four hundred and twenty-nine dollars to G. W. Cornett then said Cornett is appointed commissioner to convey to Wm. Pugh with special warranty the land in bill mentioned but the said land is bound to G. W. Cornett for the four hundred and twenty-nine dollars for whicih said Cornett may sell said land, after 20 days notice if the money is not paid to him by Wm. Pugh or some other person as it appears that said Pugh failed to give security to Cornett as the former decree required in this case and it appearing to the court that the ends for which this suit was instituted have been fully attained to the satisfaction of the parties interested it is ordered that the same be stricken from the docket.

David Cornett, Pltff
against
Wesley Anderson, Deft
In Chancery. This cause came on again to be heard upon the bill the papers heretofore read the report of G. W. Cornett commissioner, and was argued by counsel and it appearing to the court that the report of said Cornett has been filed 30 days and no exceptions taken thereto, it is received and confirmed by the court and it appearing to the court from said report that said Cornett has sold the land in the bill mentioned according to the terms of a former decree made in this case and that J. K. Ballard purchased the same, at the sale at the price of $45 dollars and that he has not paid the costs of suit nor expenses of sale, and that the purchase money is due and that he has not paid that not complied with the terms of said sale in any respect it is ordered and decreed by the court that unless said Ballard appear here in 30 days from the date of this decree and pay over to G. W. Cornett or his agent the costs of the suit and expense of sale of the tract of land in the bill mentioned and give bond and security for the remainder of the money due for said land payable in ten days, that G. W. Cornett be and he is hereby ordered to sell the said tract of land after ten days notice on the court house door and in the settlement where he land lies for ready money which he is to collect on the day of the sale and pay over to the parties entitled, that if said Ballard complies with this decree, G. W. Cornett is appointed a commissioner to convey with special warranty the said tract of land to him and if said Cornett sells the land over again and another person purchases it said Cornett is authorized to convey to such person with special warranty, when paid for, and it is ordered that this cause be stricken from the docket.

James F. Vaught, Pltf against Rial Martin & als., Defts, motion
William Sayers, Pltf agianst William Dalton, & als, Defts, motion
Farmers Bank Va. Pltf against Dennis Fielder & als., Defts, notice
same Pltf against same defts., notice
D. Fielder Pltf against T. F. Perkins & als. No. 5, Deft., Notice
Dickenson & Nuckolls, Pltfs against D. Fielder & als., Defts, Notice
J. B. Young, Pltf, against D. Fielder & als., Deft, notice
James L. Bourn, Pltf, against Lacy Austin, Deft, appeal
James F. Roberts & al., Pltf, against Daniel F. Roberts, Deft, Road
Wm. Sexton, Pltf, against Andrew Baker, Deft, appeal
Harden Cox, Plft, against L. J. Perkins, Deft. Appeal
Daniel Moxley, Pltf, against James Morgan, Deft, Appeal
Jehu L. Larrowe, Pltff, aginst Spencer H. Brackins, Deft., [illegible]
Enoch W. Cox, Pltff against L. D. Hale & als, Defts., Notice
Daniel Moxley, Pltff against James Morgan, Deft., Appeal
Philander McCarty, Pltff against Levi Cornett & als, Defts, Roads

Ordered that these several causes be continued till the first day of the next term.

Jackson B. Hash vs. Stephen Comer, Deft, In Chancery
Hash & Dickenson for &c., Pltffs against Isaac Plummer, Deft., in Chancery
J. K. Ballard, Pltff, against Josiah Bonham, Deft, In Chancery
Mauzy Cooper & als, Pltff, against Richard Billings, Deft., In Chancery
Reuben Cornett For &c., Pltff, against John Comer, Deft, In Chancery
Jos. Phipps & als, Pltfs, against John Isom, Deft, In Chancery
Plummer & Jones, Pltff against Calvin Blevins, Deft., In Chancery
Thomas & Dickey, Pltff, against Clark Porter & als, Defts, In Chancery
John & Wm. B. Dickenson, Pltffs, against Mary Dickenson Heirs, Defts, In Chancery
Lewis Dixon, Pltff, against H. Dixon, & als, Defts, In Chancery
J. P. Byrd, Pltff, against M. Bourn & als, In Chancery
Ordered that these causes be continued till the next term.

Ordered that Court be adjourned till the first day of the next term.

H. W. Roberts

An appraisment & sale bill of the personal estate of Elizabeth Willis was this day returned to court and ordered to be recorded.

Virginia at a quarterly court begun and held for Grayson County at the Court house thereof on Monday the 28th day of October 1861.

Present Hughes W. Roberts, Presiding Justice and Joseph Ross, Stephen Boyer, Stephen F. Anderson other justices.

Commonwealth, Pltff
against
William Grubb, Jr., Deft
On an indictment for an assault. This day came the defendant in his own proper persona and with the assent of the court and the attorney for the commonwealth, he has leave to confess a judgment for one dollar fine and the costs. Therefore it is considered by the court that the Commonwealth recover against the defendant one dollar the fine aforesaid and her costs by her about her suit in this behalf expended.

Commonwealth, Pltff
Against
Same Deft
On an indictment for an assault. This day came the defendant in his own proper persona and with the assent of the court and the attorney for the commonwealth, he has leave to confess a judgment for one dollar fine and the costs. Therefore it is considered by the court that the Commonwealth recover against the defendant one dollar the fine aforesaid and her costs by her about her suit in this behalf expended.

On motion of Troy Cox who made oath as administrator of Elizabeth Phipps, dec’d and together with Marvil Thomas and A. B. Phipps his securities enteres into and acknowledges a bond in the penalty of four hundred dollars, conditioned according to law. Certificate is granted to the said Troy Cox for obtaining letters of administration on the estate of Elizabeth Phipps dec’d in due form.

Ordered that Solomon Osborn, Richard Rose and Harden Cox, Senr. Be and they are hereby appoitned after being first duly sworn for that purpose to appraise in current money the personal estate of Elizabeth Phipps dec’d and return their appraisement under their hands to this court.

On motion of Geo. W. Cornett and Polly Barton who made oath as administrator and administratrix of Isaac Barton, Dec’d and together with Marvel Thomas and Alexander Cornett their securities entered and acknowleded a bond in the penalty of one thousand dollars conditioned according to law. Certificate is granted for obtaining letters of administration on the estate of said Barton, dec’d, in due form.

Ordered that Samuel A. Cox, John M. Phipps, and Solomon Osborn be and they are hereby appointed after being sworn for that purpose to appraise in current money the personal estate of Isaac Barton and return the appraisement under their hands to this court.

Commonwealth against Edward McCormack, Deft Indict. For larceny
Same against C. Adams, Deft, Indict for breach of the peace
Same against Jas. W. Nelson, Deft., Indict for breach of the peace

The attorney for the Commonwealth with the approval of the court saith that he will not prosecute further upon the indictments aforesaid & therefore it is considered by the court that the defendants aforesaid be acquitted and discharged thereof.

Commonwealth against Wm. Hale, Deft., On an indict for an assault
Same against Robt. Porter, Deft, on an indict. For a breach of the peace
The capiases awarded at the last term of this court being returned not executed it is ordered that new capiases awarded against the defts returnable here on the first day of the next quarterly term of this court.

Commonwealth against Martin Adams, Deft. On an indict. For a breach of the peace.
The capias awarded at the last term of this court being returned not executed it is ordered that new capias awarded against the defts returnable here on the first day of the next quarterly term of this court.

Commonwealth,
against
Richard Isom & Nancy Brackins (alias) Edwards, Defts.
On an indict for lewdness. This day came as well as the attorney for the Commonwealth as the defendants by their attorney, who saith that they are not guilty in manner and form as in the indictment against them is alleged and of this day put themselves upon the country and the attorney for the Commonwealth doeth the like and the trial of the issue is deferred until the first day of the next quarterly term of this court.

Ordered that F. J. [illegible] be and he is hereby appointed a commissioner to state, settle and adjust the administration account of And. J. Calloway, administrator of [illegible] Calloway and report to this court.

Ordered that Alexander Young be and he is hereby appointed a school commissioner in district No. 6 in the room of E. H. Livesay resigned.

Ordered that Creed Nuckolls be and he is hereby appointed a school commissioner in district No. [blank] in Grayson County in the room of James Anderson was appointed by a former order which was done by mistake.

John Lundy, Pltff
against
Andrew Walker, Deft
Unlawful detainer. Ordered that this cause be docketed and continued till the first day of the next term.

An inventory and appraisment of the personal estte of Johnson Thomas, dec’d was this day returned to court and ordered to be recorded.

Warner Hale, Pltff
against
Peyton G. Hale, Deft.
In Debt. This day came the plantiff by his attorney and the defendant not appearing it is considered by the court that the plantiff recover against the defendant the sum of 100$ the debt in the declaration mentioned with legal interest thereon from the 25th day of December 1860 till paid and the costs.

Ordered that William C. Austin be and he is hereby appointed to [illegible] the court house keep fires in same & in the room of Stephen Clarke and the said Austin is to be paid the same wages as said Clarke or his proportionable part for his services during the remaindewr of the said Clark’s time.

John Dickenson one of the commissioners appointed to purchase horses, bridles &c for the “Grayson Cavalry” this day returned his report to court and the court doth order that the said John Dickenson do return the receipts taken from each and every person who received horses, bridles, saddles &c to court at its next term.

James F. Roberts & als., Pltffs
against
Daniel F. Roberts & als, Defts.
Road. Ordered that this cause be continued until the first day of February Court next.

Ordered that Marvel Thomas, F. S. Thomas and Brysom Darnall be and they are hereby appointed commissioners to lay off and allot between Susan Pool and Jane Sexton dec’d and return the report to court.

Ordered that Isom Cox, Joseph Bryant and Samuel B. Cox be and they are hereby appointed commissioners to allot hands between [blank]

Ordered that the said commissioners & conductors heretofore appointed be and they are hereby appointed to act as such at their several present in Grayson County on the 6 day of November and at a special election to be held for high sheriff of Grayson.

Ordered that the surveyor of this county do survey and allot land between Elizabeth Hale & Catherine Nite according to a decree of Wythe Circuit Court made in a suit between said Hale & Nite.

John Hash, Pltff, against John Wingate, Defts, In Trespass
S. M. Hale, Pltff, against Lewis Hale, Deft., In Debt
Commonwealth against George Bobbett, Deft, sarifacias
Jenkins, Roberts & Co., Pltffs, against Peyton G. Hale, Deft, In Debt
Kent, Paine, & Cooper, & als, Pltffs, against Hash, Perkins & Co., Deft. In case
D. Jane & Son, Pltff, against Edward, Neikirk & Cook, & Co., Deft, In Case
Same Pltffs against Fulton, Danville & Co., Defts, In Case
Jesse A. Reeves, Pltff against M. N. Calloway, Defts, In Debt
Same, Pltff against Jas. & M. N. Calloway, Deft, In Debt
Kincannon & Sanders, Pltff against Wm. Rhudy, Deft, In Case
Josiah Halsey, Pltff, against Daniel Moxley, Deft, In Debt
D. & M. Wright, Pltff against Charles Sexton, Deft. In Debt
Stephen Pugh for &c., Pltff against John F. Greear, Deft. In Case
S. M. Dickey, Pltff against Liews F. Austin, Deft, In Case
S. J. Bourn, Pltff against P. G. Hale, Deft, In Case
Jas. A. Shackleford for &c., Pltff against A. Pickle, Deft, In Case
L. Oglesby, Pltff against Thos M. Oglesby, Deft, In debt
C. H. Hoffman, Pltff against J. A. Hackler, Deft. In debt
Wm. C. Spurlin, Admir., Pltff against Isom & Robinson, Defts, in debt
Jno. Dickenson, pltff against F. M. Nelson & Co., Deft, in debt
Ira Isom for &c against Ezra Collins & als, Defts, in debt
A. J. Steadman, for &c, Pltff against Jno Isom & als, Defts In debt
Ezra N. Sheffy, Pltff, against Creed N. Welsh, Deft, In case
Overseers of Poor, Pltffs against W. Smith & als., Defts In case
Isom Cox, Admir &c., pltff against Wm. Pugh, Deft., in Debt
Martin Hanks for &c, pltff against G. A. Trimble, & als., Deft
Jacob Hackler for &c., pltff against Wm. Pugh, Deft. In debt
Orderd that these causes be continued until the first day of the next quarterly term of this court.

James F. Vaught, pltff vs. Rial Martin &als, Defts, motion
William Sayers, pltff vs. William Dalton, Defts, motion
Farmers Bank of Va., Pltff vs. D. Fielder & als, Defts, notice
Same pltff vs. Same, Defts, Notice
D. Fielder, Pltff vs. T. F. Perkins & als, Deft, Notice
Dickenson & Nuckolls, Pltff vs. D. Fulton &als., Deft
J. B. Young, Pltff vs. Same & als, Defts, Notice
Jas. L. Bourn, Pltff vs. Lacy Austin, Deft, Appeal
Kent, Paine & Kent For &c, Pltff v. W. Edwards & als, Defts, D.B.
Same pltff vs. Same, Deft, D.B.
Hardin Cox, Senr, pltff vs. L. J. Perkins for &c., Deft., Appeal
Jehu L. Larrowe, Pltff vs. Spencer H. Brackins, Deft, Unlawful detainer
Enoch W. Cox, Pltff vs. L. D. Hale & als, Defts, Notice
Daniel Moxley, Pltff vs. James Morgan, Deft, Appeal
Philander McCarty, Pltff vs. Levi Cornett & als, Defts, Road

Ordered that these causes be continued until first day of the next term.

Jackson B. Hash vs. Stephen Comer, Deft, In Chancery
Hash & Dickenson for &c., Pltffs vs. Isaac Plummer, Deft., in Chancery
J. K. Ballard, Pltff, vs. Josiah Bonham, Deft, In Chancery
Mauzy Cooper & als, Pltff, vs. Richard Billings, Deft., In Chancery
Reuben Cornett For &c., Pltff, vs. John Comer, Deft, In Chancery
Joseph Phipps & als, Pltfs, vs. John Isom, Deft, In Chancery
Plummer & Jones, Pltff vs. Calvin Blevins, Deft., In Chancery
Thomas & Dickey, Pltff, vs. Clark Porter & als, Defts, In Chancery
John & Wm. B. Dickenson, Pltffs, vs. Mary Dickenson Heirs, Defts, In Chancery
Lewis Dixon, Pltff, vs. H. Dixon, & als, Defts, In Chancery
Ephraim Boyer, Pltff vs. M. Carrico & als, Defts, In Chancery
J. W. Vaughan for &c., pltffs vs. Pugh & Hackler, Defts, in Chancery

Ordered that these causes be contined till the first day of the next term.

A deed of bargain & sale from Emanuel Long to R. H. Hoffman was presented in the clerk’s office on the 29th day of October 1861 and acknowledged by the said Long as his act and deed and admitted to record.

Virginia at a county court held for Grayson County at the court house thereof on Monday the 25th day of Nov. 1861.

Present: John Dickenson, presiding justice protempore; B. Darnall, And. Hampton, Stephen Boyer & John Phipps, other justices

John Lundy, Pltff
against
And. Weilkes, Deft
Unlawful detainer. This day came the parties by their attorneys and the defendant by his attorney and moved the court to dismiss this cause from the docket, which motion was overruled by the court & ordered that the cause be continued whereupon the defendant by his counsel filed his bill of exceptions to the opinion of he court, which were signed, sealed and ordered to be made a part of the record in this cause.

A sale bill of the personal property of Johnson Thomas, dec’d was this day returned to court & ordered to be recorded.

An inventory appraisment & sale bill of the personal estate of Andrew Hampton, Senr., Dec’d was this day returned to court & ordered to be recorded.

On motion of James B. Johnson who made oath as administrator with the will [illegible] of Ellis Leftwich, Dec’d and together with John Dickenson and James S. Lyton entered into and acknowledged bond in the penalty of two thousand dollars conditioned according to law, certificate is granted the said James B. Johnson for obtaining letters of administration on the estate of the said Ellis Leftwich dec’d in due form.

On motion of James Anderson is appointed a special commission issued to state, settle and adjust the administration acct. Of Ellis Leftwich dec’d with the Admr. of Wm. H. Cook dec’d (who was [illegible] of said Leftwich dec’d)

Ordered that all the claims allowed by the overseers of the poor be paid by the sheriff except those allowed to the several overseers themselves which claims are all to be withheld exempt a claim of 12$ which is granted to be paid John C. Harrington.

A deed from Daniel F. Robins & wife to Levi Long was produced in open court with a certificate of acknowledgement and privy examination of Rosamond Robins thereto annexed acknowledged by the said Daniel F. Robins and was ordered to be recorded.

Geo. W. Atkinson presented a claim against the commonwealth amounting to four dollars for services rendered as Constable of Grayson County which was examined & allowed & ordered to be certified to the auditor of public accounts.

On motion Fielden J. Lundy is permitted to qualify as deputy clerk of Grayson County court and thereupon he took the several oaths prescribed by law.

On motion of Henry Long who made out as administation for Wm. C. Long, Dec’d and together with Jacob A. Hackler his security entered into and acknowledged a bond in the penalty of four hundred dollars conditioned according to law, certificate is granted the same Henry Long for obtaining letters of administration of the estate of the said Wm. C. Long in due form.

Ordered that Wm. Parks, Frederick Younce, and John Roberts be and they are hereby appointed after being first duly sworn for that purpose do appraise in current money the personal estate of Wm. C. Long, Dec’d and return their appraisment under their hands to this court.

On motion of Troy Cox who made oath as administration of Joseph C. Cox, Dec’d and together with Hardin Cox his security entered into and acknowledged a bond in the penalty of six hundred dollars conditioned according to law, certificate is granted to the said Troy Cox for obtaining letters of administration on the estate of the said Jos. B. Cox, in due form.

Ordered that Hardin Cox, Solomon Osborn and Isom Cox be and they are hereby appointed after being first duly sworn for that purpose to appraise in current money the personal estate of Joseph B. Cox, dec’d and retun their appraisment under their hands to the court.

On motion of Jane Pacley, who made oath as admistratrix of Hezekiah Pacley dec’d and together with William Hash her security entered into and acknowledged a bond in the penalty of four hundred dollars conditioned according to law, certificate is granted to the said Jane Pacley for obtaining letters of administration on the estate of the said Hezekiah Pacley dec’d in due form.

Ordered that Fielden Young, Ezekiel Young and William Ross be and they are hereby appointed after being first duly sworn for that purpose to appraise in current money the personal estate of Hezekiah Pacley, dec’d and retun their appraisment under their hands to the court.

On motion of James Bedwell who made oath as admistrator of LeGrand Bedwell dec’d and together with Wm. B. Dickey his security entered into and acknowledged a bond in the penalty of three hundred dollars conditioned according to law, certificate is granted to the said James Bedwell for obtaining letters of administration on the estate of the said LeGrand Bedwell dec’d in due form.

James Dickey, jailor of Grayson County presented an account against the commonwealth amounting to twenty-three dollars & 95 cents for receiving, dieting and releasing Thomas Robinson from Jail charged with murder whcih was examined, allowed and ordered to be certified to the auditor of public accounts.

James Dickey, jailor of Grayson county presented an account against the commonwealth amounting to $13.75 cents for receiving, dieting & expenses of the burial of Betsy Phipps a lunatic, which was examined, allowed and ordered to be certified to the auditor of public accounts.

James Dickey, jailor of Grayson county presented an account against the commonwealth amounting to thirty-two dollars and 70 cents for receiving, dieting & clothing Mary Brashwell, a lunatic, which was examined, allowed and ordered to be certified to the auditor of public accounts.

James Dickey, jailor of Grayson county presented an account against the commonwealth amounting to thirty-eight dollars & 70 cents for dieting, releasing & clothing Amy Ward a lunatic, which was examined, allowed and ordered to be certified to the auditor of public accounts.

Peyton G. Hale, coroner of this county this day tendered his resignation to the court as such and the court doth recommend John C. Harrington and Eli Cornett to the Executive as fit and proper persons to be commissioned to execute the office as coroner within this county.

S. Thomas for J. [illegible], pltff vs. E. L. Vaughn deft. On a notice.
Ordered that this cause be continued till the next term at the cost of the deft.

Peyton G. Hale who was at a special election held on the 6th day of November 1860 duly elected sheriff of the county of Grayson (to fill the vacancy occasioned by the failure of Robt. P. Baker togive a new bond which was [illegible] by the former securites of the said Baker, to serve as such from the 25th day of November till the 1st day of January 1863 and [illegible] until his successor is qualified to enter upon the discharge of the duties thereof this day appeared in court and together with Eli Cornett, Levi Cornett, Robert Vaughan and Joseph Bryant his securities, entered into and acknowledged a bond in the penalty of thirty thousand dollars conditioned for the faithful execution of the duties of his office, which bond is ordered to be recorded by the clerk of this court, who is also directed to transmit a copy of said bond and a copy of this order to the auditor of public accounts and thereupon the said P. G. Hale took the several oaths required by law.

Robert Vaughan, who was at the special election held on the 6th day of November 1861 duly elected constable in District No. 3 of the county of Grayson (to fill the vacancy occassioned by the death of Lewis F. Austin), to serve as such from the 25th day of November 1861 till the first day of July 1862, and afterwards until his successor is qualified to enter upon the discharge of the duties thereof, this day appeared in court and together with Peyton G. Hale, his security, entered into and acknowledged a bond in the penalty of five thousand dollars conditioned for the faithfaul execution of the until of his office which bond is ordered to be recorded and thereupon the said Robt. Vaughn took the several oaths required by law.

On motion of Peyton G. Hale, Marvil Thomas is appointed and presented to qualify as his deputy sheriff during pleasure and thereupon the said Thomas took the several oaths presecirbed by law.

Ordered that the clerk of thisc ourt issue county bonds to the several persons in the report below recorded for the amount annexed to their names with interest from the 15th day of August 1861 and that he take [illegible].

The following property has been purchased for the following persons members of the Grayson Cavalry, but the commissioners appointed by the county court.

A list of persons who furnished saddles for the Grayson Cavalry.

The foregoing is a true list of the purchases made for the Grayson Cavalry Co., Oct. 28, 1861.

Jno. Dickenson, Com.

Ordered that all the causes on the docket not otherwise disposed be continued until the first day of the next term.

Ordered that court be adjourned till the first day of the next term.

Jno. Dickenson, J. P.

Virginia. At a court held for Grayson County at the Court House on Monday 23 December 1861.

Present, H. W. Roberts, Presiding Justice, B. Darnall, & Fielden Livesay, other justices

James Dickey jailor of this county produced in court a claim against the commonwealth amounting to thirty-eight dollars and seventy cents for dieting Amy War a lunatic from the 20th day of September to the 27th day of Nov. 1861 releasing & clothing [illegible] which being sworn to in open court was examined by the court found correct the same is ordered to be certified to the Auditor of Public Account for payment. And it appearing to the satisfaction of the court that immediately after the committment of said Amy Ward and at least one in every two months there after application was made to the lunatic assylum for admittance till received.

James Dickey jailor of Grayson County produced in Court a claim against the commonwealth amounting to Nineteen dollars & seventy-five cents for receiving dieting & the expenses of the burial of Betsy Phipps, a lunatic, who died in jail the said Betsy Phipps being confined in said jail ten days [ink smeared] sworn to in open court, was examined by the court and found correct and ordered to be certified to the Auditor of Public Accounts for payment. It appearing to the satisfaction of the court that immediately after the confinement of said Betsy Phipps application was made to the Lunatic assylum for admittance but died before an answer was received.

On motion of John Hash who made oath as adminstrator of Wiley Hash, Dec’d and together with Jackson Phipps his security entered into bond and acknowledged a bond in the penalty of one hundred dollars conditioned according to law certificate is granted the said John Hash for obtaining letters of administration on the estate of the said Wiley Hash and in due form.

On motion of Amanda Jane Wyn who made oath as administratrix of Josiah Wyn dec’d and together with Mitchell Wright her security entered into and acknowledged a bond in the penalty of seventy dollars conditioned according to law, certificate is granted the said Amanda J. Wyn for obtaining letters of administration on the estate of the said Josiah Wyn dec’d in due form.

On motion of Andrew Reedy who made oath as administrator of Jas. W. Reedy dec’d and together with Joseph Perkins his security entered into and acknowledged a bond in the penalty of one hundred dollars conditioned according to law, certificate is granted the said And. Reedy for obtaining letters of administration on the estate of the said Jas. W. Reedy did in due form.

On motion of Joseph Perkins who made oath as administrator of Robert Cress dec’d and together with Andrew Reedy his security entered into and acknowledged a bond in the penalty of seventy dollars conditioned according to law, certificate is granted the said Jos. Perkins for obtaining letters of Administration on the estate of the said Cress, dec’d in due form.

On motion it is ordered that Hardin Cox, Solomon Osborn and Zachariah Osborn be and they are hereby appointed to lay off and assess to Phebe Jane Cox widow of Joseph B. Cox dec’d her dower in the lands belonging to the said Joseph B. Cox dec’d and report to court.

On motion it is ordered that Isom Cox be and he is hereby appointed guardian for McTier Cox infant heir of Joseph B. Cox, dec’d.

On motion of Susan Phipps, Isaac Busick & Marvil Thomas who made oath as administratrix and administrator of Joseph Phipps, dec’d and together with Stephen Boyer the security entered into and acknowledged a bond in the penalty of six hundred dollars [illegible] according to law, certificate is granted the said Susan Phipps & Isaac Busick & M. Thomas for obtaining letters of administration on the estate of the said Joseph Phipps dec’d in due form.

Ordered that Brysom Darnall, Hardin Cox and Joshua Reeves be and they are hereby appointed after being first duly sworn for that purpose do appraise in current money the personal estate of Joseph Phipps, dec’d and return their appraisment under their hands to this court.

On motion of A. C. Young, who made oath as administrator of Stephen Comer, dec’d and together with Stephen Thomas his security entered into bond acknowledged a bond in the penalty of three hundred dollars conditioned according to law, certificate is granted the said A. C. Young for obtaining letters of administration on the estate of the said Stephen Comer, dec’d in due form.

Ordered that Wm. Grubb, Irvin McCarroll and John C. Greear be and they are hereby appointed after being first duly sworn for that purpose do appraise in current money the personal estate of Eli Comer, dec’d and return their appraisment under their hands to this court.

On motion of A. C. Young and Stephen Thomas who made oath as administrators of David R. Pugh dec’d and together with Joseph Phipps, Jacob A. Hackler, Solomon Osborn, and Callaway Cox, their securities entered into bond acknowledged a bond in the penalty of six thousand dollars conditioned according to law, certificate is granted the said Young & Thomas for obtaining letters of administration on the estate of the said David R. Pugh, dec’d in due form.

Ordered that Isom Cox, Benjamin Phipps, and Samuel Perkins be and they are hereby appointed after being first duly sworn for that purpose do appraise in current money the personal estate of David R. Pugh, dec’d and return their appraisment under their hands to this court.

Ordered that Augustine Painter (Captain), John B. Waugh, George Bobbett & Wiley D. Hale be and there are hereby appointed to attend in the old court house district to serve as such until the next term of this court.

On motion F. J. Lundy is appointed a special commissioner to settle, and adjust the administration account of Garland Trimble administator of Wm. Trimble, dec’d and report to this court

Ordered that Stephen Thomas be and he is hereby appointed a special commissioner to state, settle, and adjust the administration account of Catherine Thomas administratrix of Johnson Thomas dec’d and report to court.

Ordered that Joshua Reeves be and he is hereby appointed overseer of the precinct of road from the Fork of the road at the lower end of F. S. Thomas’ meadow leading down branch creek to where the line between Bryan Darnall & Thomas Anders crosses said road that he keep the same in legal repair.

Ordered that Thomas Anders be and he is hereby appointed overseer of the precinct of road commencing at the line of Bryson Darnall & Thos. Anders Crosses said road to the North Carolina line and that he keep the same in legal repair.

Ordered that F. S. Thomas, John Bedwell and Hardin Cox be and they are hereby appointed to allot hands and assign hands to Joshua Reeves & Thomas Anders overseers of a new road leading from the lower end of F. S. Thomas’s meadow to the N.C. line and report to court.

John C. Harrington, Admir of A. Perkins, Dec’d, Pltff
v
Elvira Perkins, Deft
In Chy. This cause came on again to be heard on the 25 day of December 1861 upon the bill the papers heretofore read the report of John C. Harrington and was argued by counsel and it appearing to the court that said report has been filed according to law and no exceptions taken it is affirmed by court and it appearing to the court that John C. Harrington hold to infant’s portion of the land in the bill mentioned and it did not bring enough to pay the debts, it is adjudged and decreed by the court that John C. Harrington sell the widow’s dower on the premises after 20 days notice at 3 public places after first summoning 2 free holders to value the land, who shall be sworn to value it at cash price 6th day of Nov. 1861 then sell it according to the terms of a former decree in this cause and report to court.

John Vaughn for &c., Pltffs
against
Creed Pool & als, Deft
In Chancery. This cause came on 23 day of December 1861 to be heard upon the bill the answer of guardian ad litem the papers before read the report of F. S. Thomas, B. Darnall & M. Thomas commissioners to allot the land in the bill mentioned between Susan Pool & Jane Sexton dec’d and was argued by counsel and it appearing to the court that said report has been filed according to law, and no exceptions taken to it, the same is confirmed by the court and it appearing to the court that said commissioners allotted the said land and that they were required by G. W. Cornett to value the lot whcih fell by lot to Jane Sexton’s estate, and do say what is was worth the 6th day of Nov. 1861 it is adjudged and decreed by the court that as (defendants consent for sale to be made) that G. W. Cornett proceed as commissioner to sell the lot of land mentioned in the report of said commissioners, after notice for 15 days on the court hosue door and other public places on a credit of 12 months except costs of suit and expense of sale, which he must collect on day of sale and pay over to parties entitled, taking bond and security to himself and report to court, provided the said lot of land bring $100 dollars that being the amount at which it was valued by said commissioners who are free holders in this county on the 6 day of Nov. 1861.

James W. Ballard presented in court a claim against the commonwealth amounting to $25.00 for services in examining the commissioners books for 1861 also an account against same amounting to $17.50 cents for entering proceedings in the causes commonwealth against John Green same against Thomas Robinson, same against Rees Parks, which several claims being examined by the court found correct the same is ordered to be certified to the Auditor of Public Accounts for payment.

A deed of bargain & sale from Elizabeth F. Davis to Logan Patton was presented in the clerk’s office on the 10th day of December 1861 and with the certificate of acknowledgement thereto annexed admitted to record.

A deed of bargain & sale from William Young to Wiley G. Young was produced in court acknowledged by the said William Young as his act and deed and ordered to be recorded.

A deed of bargain & sale from Robert P. Baker to Fielden J. Lundy was presented in the clerk’s office on the 20th day of December 1861 acknowledged by the said Baker as his act and deed and admitted to record.

Ordered that court be adjourned till the first day of the next term.

H. W. Roberts