Court of Pleas and Quarter Sessions Minutes 1838-1849(From Mary J. Heitman papers)
(Most of this page duplicated in preceeding pages.)
DAVIE COUNTY RECORDS - MINUTES OF COURT OF PLEAS AND QUARTER SESSIONS
May 1838 - Thomas McNeely appointed administrator on the estates
of Henrietta Helfer, Amanda M. Helfer and Hampton L. Helfer, dec., gave
Bond in $100 in each case, with Thomas Brown and S. L. Howell.
May 1839 - Ordered by the court that the trustee of the county
pay Thomas McNeely $11.25 for the use of an office 9 months for to
keep the papers and books of the different officers to wit, that of
the county and Superior Courts.
August 1839 - Ordered that the number of superintendents (of
schools in Davie) to be elected by the Court should be seven. There-
fore the Court proceeded to the election. Upon comparing the votes
of the Court it appeared the following gentlemen had a majority of
the votes of the magistrates present, to wit:
R. M. Pearson, 17 votes th F. Kelly, 17
V
Caswell Harbin, 15 Tennyson Cheshire, 12 a
Thomas Cheshire, 15 Lemuel Bingham, 16
Francis M. Williams, 16
All the superintendents were present except F. M. Williams, and
accepted the office conferred on them.
Merchants in Mocksville in 1839 were McNeely and Howell, among
others
November 28, 1839 - Ordered by the Court that Thomas McNeely
procure a suitable stove and pipes, and have the same fixed in the
Court room for use, and that he submit his account for the same to
the next term of our Court.
On Page 166 is a beautiful colored diagram of the Plan of Mocksville,
by Thomas Ratledge, com. and surveyor, copied by Thomas McNeely.
May 1838 - Ordered by the Court that the Trustee of the County pay
Wm. F. Kelly $97.57 towards building the bridge across the South Yadkin
River at/or between Kelly and Johnson's, 12 months from this time.
December 1, 1838 - Ordered by the Court that 61m. F. Kelly, Drury
Peebles and Radford Foster act as commissioners to let the building or
repairing of the bridge across Dutchman's Creek at Foster's Mills and
report to the next term of Court.
Will of Samuel Hays (of Rowan) Book 1 -p.27 -December 6, 1835 - Proven
May 1840. Wills Negroes to Thomas McNeely.
Page 1 of 22
NORTH CAROLINA - DAVIE COUNTY - 1837
COURT EXTRACTS (From Mary J. Heitman papers).
The foregoing magistrates were duly qualified by Richard
W. Long, one of the Justices of the Peace of Rowan Co. according to
act of Assembly. Francis A. Ward, by virtue of a commission to him
directed, came into court and was duly qualified as a Justice of the
Peace for Davie County.
The foregoing magistrates present proceeded to elect a clerk
for the County Court of Davie, when John Clement was duly elected and
gave Bond with A. G. Carter, Jacob Booe & Daniel Click, his securities, and
was qualified according to law.
i
At a Court of pleas
& quarter
sessions in the village of
Mocksville on the 4th Mon. in
Feb. A. D. one thousand qiight hundred
&
thirty-seven {1837), and in
the 61st year of our independence -
Present
the following justices, to wit:
1.
Littleberry R. Rose
21.
Alexander Smoot
2.
Joseph Hains
22.
Joseph Hauser
3.
Basil G. Jones
23.
Samuel Taylor
4.
Wm. Hawkins
24.
Geo. W. Johnson
5.
Enoch Brock
25.
Josiah Inglis
6.
Thos. McNeely
26.
Roland Crump
7.
Caswell Harbin
27.
Alexander Hains
8.
Garland Anderson
28.
William March
9.
A. G. Carter
29.
John McRorie
10.
James F. Martin
30.
Richmond Nail
11.
James Frost
31.
Henry R. Austin
12.
Henry Keller
32.
Drury Peebles
13.
Burgess Garner
33.
William Wyatt
14.
Aquilla Cheshire
34.
Nathan Chaffin
15.
Thos. Cheshire
35.
William B. Willson
16.
Spencer Taylor
36.
Giles W. Pearson
17.
Jesse A. Clement
37.
Samuel Foster
18.
Jeremiah B. Ellis
38.
Lemuel Bingham
19.
Joseph Hall
20.
Tennison Cheshire
The foregoing magistrates were duly qualified by Richard
W. Long, one of the Justices of the Peace of Rowan Co. according to
act of Assembly. Francis A. Ward, by virtue of a commission to him
directed, came into court and was duly qualified as a Justice of the
Peace for Davie County.
The foregoing magistrates present proceeded to elect a clerk
for the County Court of Davie, when John Clement was duly elected and
gave Bond with A. G. Carter, Jacob Booe & Daniel Click, his securities, and
was qualified according to law.
i
Page 2.
COURT EXTRACTS (From Mary J. Heitman papers)
The foregoing magistrates present proceeded to elect a sheriff,
when Thomas Foster was duly elected he gave Bond with Thomas McNeely,
Samuel Foster, Robert N. Crnige, Radford Foster, William Haden, & James
F. Martin, and was qualified according to law.
The foregoing magistrates present proceeded to elect a public
Register when Braxton Bailey was duly elected he gave Bond with William
B. Willson and Samuel Foster in 5 thousand pounds & was qualified
according to law. The foregoing magistrates present proceeded to
elect a county Surveyor when Thomas Ratledge was duly elected, he gave
Bond with William B. Willson & Alexander Smoot & was qualified accord-
ing to law. Matthew Miller appointed coroner, entered into Bond with
Jesse A. Clement & Alfred McCulloch securities & duly qualified. The
foregoing magistrates present proceeded to appoint a Solicitor for
Davie County when Gustavus Adolphus Miller was appointed.
The foregoing Mgg_b"te�resent proceeded to appoint a Special
Court when the following justices, to wit: Giles W. Pearson, Enoch
Brock & Littleberry R. Rose were appointed. The following constables
were appointed: Lawrence Hudson, Forrest L. Powell, Joseph W. Rice,,
John Sheek & Littleberry H. Austin.
Court met next morning, Feb. 28, at 10 o'clock. The magis-
trates present proceeded to appoint five commissioners to select a
site for the Public building for the county of Daive, agreeable to
an act establishing the County of Davie. When the following persons,
to wit: Doctor Francis Williams, Nathan Chaffin, Esq., Roland Crump,
Esq., B. G. Jones, Esq., & Thomas Ratledge were appointed. Josiah
Inglis was elected Entry Taker for the County of Davie, Henry R. Austin
was appointed a Standard Keeper, Wesley Johnson was appointed a Ranger
for Davie Co. It was ordered by the Court that John Locke & Caleb Kerfees
act as commissioners to let the building of a bridge over Bear Creek
on the Statesville road. Wm. Jarvis & Giles Foster appointed constables
(the latter had as securities Robert N. Craige & Thomas Foster). Then
followed the appointment of guardians for orphans. It was "ordered by
the Court that Nathan Chaffin act as overseer of the road from Oak's
Ferry road to the intersection of Phillips Ferry road with the former
hands,!) Ordered by the Court that Eli S. Clark act as overseer of the
DAVIE CO. Cz�"'_I^ I m"', in
oil
N 0� ". _LE, ldu
Page 3.
COURT EXTRACTS (From Mary J. Heitman papers).
road from Capt. William Baity's old muster ground to the Creek at
James Frost`s Mill. Various other overseers were appointed to look
after the roads.
March 2nd. - Ordered by the Court that Henry Clement, Executor of Wiley
Sain, dec. be & he is hereby authorized to sell one of the neg•roes of
said estate tp Pay debts,
Ordered by the Court that the sheriff advertise and hold an
election on next Easter Monday at the Court Hpuse fpr sevem wardens of
Poor fpr Davie County and notify them of the same.
Whereas, the Trustees of the Methodist Church in Mocksville
have tendered the use of their church to hold courts, the same being
accepted. The court returns their thanks for the same and order that
their future sessions shall be in the Methodist Episcopal Church in
Mocksville, until theyget a court house huilt.
May 25, 1837 - Ordered by the court that a tax of 30 cents on the poll
and 14 cents on each $100 valuation of lands be laid and collected for
county purposes, and at the suggestion and recommendation of the Board
of Wardens, ordered by the court that a tax of ten cents on the poll and
5 cents on each $100 value of lands be laid for the use of the Poor of
the County for the year 1837 and collectable in Spring of 1838.
Ordered by the court that there shall be but two Jury County
Courts in a year and that shall be at the May and November terms.
Basil G. Jones appointed trustee of the County of Davie gave
Bond with James F. Martin, Wm. Hawkins, Wm; March, and Tennison Cheshire.
4th Mon. in August 1837 - Thos. Foster, Sheriff of the County of Davie,
returned to court the votes polled for Clerk of the Court of pleas and
quarter sessions, upon examination it appeared that John Clement was duly
elected Clerk and proclamation to that effect was made, whereupon, John
Clement gave bond with A. G. Carter, Daniel Click and Jacob Booe, which
was approved, and he qualified accordingly.
(Nathan Haneline and Giles Foster appointed administrators de bonis non
on the estate of Jacob Haneline).
6
Page 4.
COURT EXTRACTS (From- Mary J. Heitman papers).
May 1837 - Jesse A. Clement appointed guardian for A. J. Clement,
John Clement, Mary Clement and Sarah Clement, orphans of Gddfrey
Clement. He gave bond with Wm. F. Kelly and William March in $7000.
John Cornatzer's last will and testament was proven in open
Court by James Smith, one of the subscribing witnesses. William March,
one of the Executors, was qualified and received letters testamentary.
Hannah Haneline's last will and testament was proven in
open court by -Richard Vaneton, one of the witnesses, and George Haneline
qualified as Executor and received letters testamentary.
John Cheshire appointed guardian of Richmond Beamon, Wm. Beamon
and Nancy Beamon, orphans of William Beamon, gave bond with John Smith and
Thomas Smoot in $2400.
Present in court: Giles W. Pearson, L. R. Rose and Garland
Anderson, Justices, making the appointment and approving the securities.
(Bound out both white and free colored boys and girls to learn
the "Art and Mystery" of the tailors, or cooper's trade, or sewing or
hatter's trades (read, write and "Scypher").
John A. Meroney appointed administrator of W. B. Meroney in
$400 and ditto of James Boswell, with C. Harbin in $100.
The Grand Jury for May Sessions 1837 were: A. J. Coon, Foreman,
John Smith, James Woods, Nathan Stanly, Wm. Orrell, Daniel Wood, Thos.
Veach, John Hodge, John Kelly, E..Garwood, Elisha Butler, Thos. B. Owings,
Jno. Call, Sam'l Stewart, Jacob Davault.
Burgess Garner appointed guardian of Clary Locke, George Locke,
Eliza Locke and Sarah Ann Locke, gave bond with C. Harbin and John A.
Meroney in $1000.
John A. Meroney appointed guardian of Rebecca;Hughes, Lucinda
Hughes, and Thomas Hughes, gave bond with B. Garner and C. Harbin in $3000.
Ordered by the Court that Basil G. Jones and John Locke act as
inspectors of the election at Mocksville on 2nd Thursday in August.
15 deeds of land were recorded in the May sessions, 1837.
See Page 539 for death of John Clement.
Page 5.
COURT EXTRACTS (From Mary J. Heitman papers) -
At the August term of Court of Pleas & Quarter Sessions held
in the Methodist church in Mocksville on 4th Mon, in August 1837, the
following justices were present, to wit: Enoch Brock, William Hawkins,
William March, Garland Anderson, Tennyson Cheshire, Alexander Smoot,
Joseph Hauser, Spencer Taylor, Thos. Cheshire, Esq. John Clement
elected Clerk.
Levina Beggerly's last will 7 testament offered for probation,
also that of William Deadman, being proven by John Linn, witness, &
Moses Linn, executor.
Nathan Haneline & Giles Foster filed the sales of the property
of Elizabeth Sleighter & Inventory as special administrators; they then
received general administration on the same & gave bond with Robert
Foster & Harrison Pruett in $200, etc.
James Smoot's last will & testament was proven in open court
by the oath of L. R. Rose, one of the subscribing witnesses, Gjassaway
Gaither, qualified as Executor & rec. letters testamentary.
Elizabeth Sleighter's last will & testament was proven in
open court by John Phillips, one of the witnesses.
Nelson Travillion appointed guardian of the heirs of Nancy
Travillion, gave bond with Saml. Taylor & Jesse A. Clement in $200 -
Present Enoch Brock, Roland Crump & Wm. Hawkins making the appointment
& approving securities,
Among the many orders issued by the court in regard to
keeping up the County roads is this one: "Ordered by the Court that
a Public road be laid off & graded from Mocksville to the old moun-
tain road to run on the line between James Renshaw & Keller place &
that James Renshaw, Caleb Kerfees, & Zadock Leach be authorized to
open said road & the road to be worked by their hands, and James
Renshaw act as overseer, they to keep up the bridge across Bear Creek
& furnish timber. They are to be exempted from working any other
road 4 to furnish timber for the causeway.
John A. Meroney's last will & testament was proven in open
court by the oaths of Jacob C. Graves (Seagraves?) & Phillip F.
Meroney, the subscribing witnesses. John Clement qualified as Executor
& rec. letters testamentary.
V!7 f°� r9'r�•ir en ¢•. P. rvvgly
Page 6.
COURT EXTRACTS 4 (From Mary J. Heitman papers).
In Nov. Sessions, 1837 - Court of Pleas & Ouarter Sessions -
Held in the Methodist Church in the village of Mocksville, on the 4th
Monday in Nov. 1837 and in the 62nd year of our Independence. Present
the following Justices (to wit) Enoch Brock, William Hawkins, -George
W. Johnson, Esquires.
Phillip Booe's last will & testament was produced in open court
& its execution proven by ther_oath of George Booe, one of the subscrib-
ing witnesses. Whereupon Thomas Veatch & Jacob Sheek qualified as Exe-
cutors and received letters testamentary. The will ordered to be re-
corded. 1,
Tues. Nov. 28. Justices present were Vim. Hawkins, Enoch Brock
& A. G. Carter. Phillip F. Meroney was appointed Guardian of Rebecca
Hughs, Samuel Hughs, Lucinda Hughs & Thos. Hughs, orphans of Thomas
Hughs, & gave bond with William B. Willson & Giles W. Pearson in the
sum of $3000.
Andrew Hunt appointed administrator on the estate of John
Hunt, dec., gave bond with Thomas McNeely & Caswell Harbin in $2500.
Burton Craig appointed guardian of Joh Cartery% gave $onedr'
with R. N. Craige & Samuel Craige in the sum of Twenty thousand dollars.
R. T. Dismukes appointed administrator on the estate of John
A. Chaffin, dec. He gave bond with A. G. Carter & Nathan Chaffin, jr.
in the sum of $1000.
Radford Foster was appointed administrator on the estate of
Sarah Douthit, dec., gave Bond with Thomas Foster & Berry Foster in
the sum of $3000.
A. G. Carter appointed guardian of H. W. Carter, Wm. F. Carter,
Jesse Carter, Eliza M. Carter, Ann Carter, Cornelius Carter & Letitia
W. Carter, orphans of Letitia M. Carter. He gave bond with Giles W.
Pearson & Caswell Harbin in the sum of $2000.
Ordered by the court that the Sheriff of the County have
erected upon the Jail lot a stock & whipping Post and Pillory and
PRESENT HIS ACCOUNT FOR ALLOWANCE TO THE NEXT COURT. - the_same to
be completed by then.
Ordered by the Court that the orders made at the last May
term doing away two of the Jury Courts be recinded and that hereafter
there shall be but two Grand Jurys, for the Courts of Pleas and
Page 7
COURT EXTRACTS - (From the Mary J. Heitman papers)
Quarter Sessions, and they shall be at the February and August Terms
and that a regular Petit Jury shall be summoned for all the Terms.
Friday the 1st Dec. 1837. The worshipful Court met accord-
ing to adjournment, present Thos. McNeely, Lemuel Bingham & Aquilla
Cheshire, Esquires.
Feb. 1838.Thomas Veatch appointed quardian of the m; nor heirs of Daniel
Sain, dec. vz. Permelia Sain, Phillip Sain & Elizabeth Sain, gave bond
in $2000, with James Latham & William Booe. Present on the bench
A. G. Carter, Enoch Brock & William Hawkins, esquires.
Giles Foster appointed Constable. Gave bond in $4000 with
Robert Foster, R. N. Craige & Radford Foster & took oaths of office.
Lawrence Hudson appointed Constable gave bond in $4000 with
Thos. Hudson, Alfred McCulloch & Burgess Garner & took oath of office.'
John Call appointed Constable gave Bond in $4000 with William
Sheek & Alexander Oakes & took oath of office.
In May 1838, Thomas McNeely appointed administrator on the
estates of Henrietta Helfer, Amanda M. Helfer & Hampton L. Helfer's
estates, dec. Gave Bond in $100 in each case with Thomas Brown &
S. L. Howell.
Aug. term 1838. George Booe's last will & testament was
produced in Court & its execution was duly proven in open court, accord-
ing to law, by the oaths of Jacob Booe & Jacob Sain, subscribing 3
witnesses, whereupon L. R. Rose qualified as Executor & rec'd. letters',';
test. Ordered that the will be recorded. Ordered by the Court that a r_ -
A. G. Carter, Daniel Click & Nelson Travillion act as commissioners
to divide the negroes belonging to the heirs of Geo. Booe, dec.
agreeably to the will of said deceased.
William Booe appointed guardian of Martin Booe, Mary Booe,
t S
William Booe, Cassandra Booe, James Booe & George Booe, orphans of
Phillip Booe, dec., entered into Bond in $4000 with Radford Foster
& James Latham.
At Aug. 1838 term - the last will & testament of David Call
is recorded, witnesses being John Phillips & Andrew Sheets & John
Sheek, executor.
Nov. 1838. Robert N. Craige & Burton Craige, Executors of the
last will & testament of A. E. Foster, filed Inventory of Sales of
Deceased property made Feb. 1837.
Page 8
COURT EXTRACTS - (From Mary J. Heitman papers)
Dec. 1838. Present on the bench the following Justices, to wit:
James F. Martin, Drury Peebles, Lemuel Bingham, Esquires.
Feb. 1839. Ordered by the Court that all Public Ferries in the
County of Davie receive the following rates of Tolls or Ferriage
and no more. Viz. for each loaded Road Waggon 50Q, for empty ditto
37 1/2¢, for each pleasure carriage, buggie, coach with two horses,
37 1/2¢; gigs, carryalls, sulkies & other vehicles with one horse
25¢, a man & horse 6 1/4t, a foot man 5t, single horse or mule 3 cents,
neat cattle 2¢, a sheep or hog 1,`r,6lnt each.
Mary March's Last will and testament was offered in Court
for probate, which was admitted & its execution was duly according to
law proven in open court by the oath of James Smith, one of the sub-
scribing witnesses, whereupon it was ordered to be recorded, and
William March was qualified as executor.
Garland Anderson was appoi®ted Constable who gave Bond in
$4000, with Thomas Furches & Thomas McNeely & took the oath of office.
Mark D. Armfield was appointed Constable, who gave Bond in
$4000 with Thos. McNeely, Matthew F. Miller, John McRorie & Ephriam
Gaither, & took oath of office.
Nicholas Miller was appointed guardian of John McBride,
Nicholas B. McBride, orphans of Elizabeth McBride, gave bond in $2000,
with Shadrack(?) Etchison, George Sheek, Leonard McBride & Joseph Rich.
Giles W. Pearson, A. G. Carter & James F. Martin were appoint-
ed a committee to lay off & mark the prison bounds in the Town of Mocks-
ville, agreeable to an Act of Assembly, that they report the same with
a diagram to the next County Court, May Term 1839, for confiurmation that
the same may be duly registered.
First Court of Pleas and Quarter Session held in Court House
on 4th Monday in May 1839. Justices on the bench were: Caswell Harbin,
William Hawkins, James F. Martin, and Alexander Smoot.
Joseph Eaton appointed guardian of Jacob Eaton and Phillip
Eaton, orphans of B. Eaton, he gave Bond in $800 with Benj. F. Eaton
and R..O. Wiseman. Present on the Bench: Caswell Harbin, Wm. Hawkins,
and Alexander Smoot, Esgs., making the apt. and approving the same.
Page 9
COURT EXTRACTS - (From Mary J. Heitman papers)
Ordered by the Court that the Trustees of the County pay
Foster,Clement and Armfield one dollar and 25� for two pitchers for
the use of the Court.
May 1839 Matthew Fulford was appointed administrator on
the estate of William Fulford. He gave Bond in $1200 with G. W.
Johnson, George Sheek, and took the necessary oath.
Ordered by the court that the following persons act as inspectors
of the election on the 2nd Thursday in August next, to wit:
At Mocksville, Gassaway Gaither and John Locke; at Thomas
Cheshire's Store, James Gray and Thomas Cheshire; at Johnson's Store,
Enoch Brock and Joseph Hauser; at Fulton, Wm. March and Alexander Hanes.
Ordered by the court that the Trustees of the county pay
Thomas McNeely $11.25 for the use of an office 9 months for to keep the
papers and books of the different officers, to wit: That of the County
and Superior Courts.
Ordered by the court that Thomas Foster and John Clement
be authorized to contract for putting up four benches on each side of
the door suitably elevated in the Court Room and report their proceed-
ings to the next court.
L. R. Rose was at this time Clerk of the Superior Court of
Davie County.
August 1839 - School election ordered that the number of
superintendents to be elected by the court should be seven. Thereupon,
the court proceeded to the election. Upon comparing the votes of the
court it appeared the following gentlemen had a majority of the votes
of the magistrates present, to wit: R. M. Pearson 17 votes; Wm. F. Kelly, 17;
Caswell Harbin, 15; Tennyson Cheshire 12; Thomas Cheshire 15; Lemuel
Bingham 16; Francis M. Williams 16. All the superintendents were present
except F. M. Williams, and accepted the office conferred on them.
Ordered that Thomas Cheshire, Anderson Hendrix and Jesse A.
Clement act as commissioners to select a situation, purchase lands and
have houses erected thereon for the use of the wardens suitable to keep
the paupers of Davie County.
Caswell Harbin, Chairman of Davie County Court
Lemuel Bingham, Clerk and Master in Equity
Page 10
COURT EXTRACTS - (From Mary J. Heitman papers)
Merchants in Mocksville and Davie in 1839 were:
McNeely and Howell Williams - Fulton
McRorie and Dusenberry G. W. Johnson - Farmington
> Foster and Gilbert W. Turner -
oMiller and Bingham Thos. Cheshire -
Gaither and Johnson
November 28, 1839 - Ordered by the court that Thomas McNeely procure
a suitable stove and pipes and have the same fixed in the court room
for use, and that he submit his account for the same to the next term
of our court.
The will of Thomas Hudson was recorded at this time, with
Burgess Garner and John Maxwell, executors.
(On Page 166 is a beautiful diagrom of the Plan of Mocksville,
by Thomas Ratledge, Com., and surveyor, copied by Thos. McNeely.
FIRST SUPERIOR COURT OF DAVIE
A Superior Court of Law and Equity opened and held in the Town
of Mocksville, in the County of Davie, on the 8th Monday after the 3rd
Monday of Feb., it being the 17th day of April A. D. 1837. Hon. A. M.
Saunders, Presiding Judge. When L. R. Rose was appointed Clerk of our
said Superior Court, entered into bond and security and took the oath
of office according to law. When came Thos. Foster, Sheriff of said
county and returned into court here a venire of good and lawful mend
whereupon were drawn, sworn and charged as grand jurors, to wit:
1. A. G. Carter, Foreman 10. Thomas Furches
2. Samuel Smoot 11. Jos. Sparks
3. Joshua Brinegar 12. Johne Hendrix ' °A
4. James McAffee (.) 13. William Wyatt a
5. Zadok Leach 14. George Wilson
6. Washington Neely 15. Thos. Ferebee, Sen. ;a
7. Drury Peebles 16. Ephraim Gaither
8. Giles W. Pearson 17. George Booe
9. Joseph Rich (one no. missed in listing)
Beal Ijames, one of the officers of the court sworn to attend
the Grand Jury. The following of the original panel was sworn as petit
jurors: 1. Isham P. Ellis, 2. Sam]. Foster, 3. Richmond Nail, 4. Henry
Keller, Esq., 5. Martin May, 6. Nathan Chaffin, 7. Isaac N. Rich.
Page 11
COURT EXTRACTS - (From Mary J. Heitman papers)
8. Garland Anderson, 9. Stephen Beacham, 10. Caswell Harbin, 11. Wily
J. Ward, 12. Saml. Frost. Adam Little in place of N. Chaffin.
Ordered by the court that Monday of Easter time be fixed on
as State's day and that the clerk advertise it and the sheriff give
notice of the same.
State of North Carolina, Davie County, at a Superior Court of Law and
Equity opened and heeldtnn t�eMounstylofi Davie on the 8th Monday after
the 3rd Monday in August, it being the 11th day of October A. D. 1837,
the Hon. John D. Toomer, presiding judge. When L. R. Rose produced his
certificate of election of clerk of our said court and entered into
bond and security and took the oath of office. When came Thos. Foster,
sheriff of said county and returned into court here a venira (venire) of
good and lawful men: 1. James F. Martin (excuses) 2. Thomas Hendrix,
3. Samuel Beman, 4. John Ford, 5. H. R. Austin, 6. George Lowery, 7. Peter
Clingman, 8. Squire March, 9. Levin Ward, 10. Thos. Butler, 11. Rowland
Crump (excuse), 12. James Latham, 13. Daniel Click, 14. Greenberry Bailey,
15. Thos. Ferebee, 16. Gassaway Gaither, 17. Nathaniel Markland, 18. Maxi----
millian Cuthrell, 19. Saml. Smoot, 20. Jesse A. Clement, 21. John McClamnoor(?)
22. Geo. W. Johnson, 23. Samuel Smith, 24. James McAffee, 25. Geo. McClammor,
26. John Hendrix, 27, Isaac N. Rich, 28. Nicholas Miller, 29, L. H. Austin,
30. Joseph Hauser, 31. Beal Ijames (ex) 32. John Hendrix (ex), 33. James
Wood, 34. Thos. Goins, 35. James Glasscock, 36.1hos. Ratledge.
The following good and lawful men drawn, sworn and charged as
the grand jury for this term: 1. Gassaway Gaither, appointed Foreman, 2.
Thos. Ratledge, 3, James Glasscock, 4. John Hendrix, 5. Joseph Hauser,
6. Geo. Lowery, 7. Squire March, 8. Thos. Goins, 9. John McClammor, 10.
Thos. Hendrix, 11. James Latham, 12. Thos. Butler, 13. George McClammer,
14. Isaac N. Rich, 15. Saml. Beman, 16. Greenberry Bailey, 17. Samuel
Smith, 18. Nathaniel Marklin, Beal Ijames one of the officers of the court,
sworn to -attend the grand jury.
The following of the original panel sworn as petit jurors: 1. James
McAffee, 2, Jesse A. Clement, 3. Daniel Click, 4. M. Cuthrell, 5. James
Wood, 6. Levin Ward, 7. John Ford, 8. L. H. Austin,9. Thos. Ferebee, )O.Sargl.
Smoot, 11. H. R. Austin.
Page 12
COURT EXTRACTS - (From Mary J. Heitman papers)
Another jury of this year was composed of: 1. Thos. Owins, 2. Thos.
Horn, 3. William Jarvis, 4. Thos. Smoot, 5. William Haden, 6. Noah
Brock, 7. John Locke, S. Radford Foster, 9. Joseph Spacks, 10. Caleb
Kurfees, 11. Jacob Sain, 12. Andrew Setzer.
At the Superior Court held 16th of April 1838, lion. John L.
Bailey was the presiding judge. The grand jury was: 1. A. G. Carter,
appointed Foreman, 2. Isaac N. Frost, 3. John Pickler, 4. James W.
Etchison, 5. Henry Keller, Esq., 6. Jacob Sain, 7. William Hawkins,
8. Daniel Cornatzer, 9.Stephen Beacham, 11. John Smith, 12. Elisha
Gibbs, 13. John Sheek, 14. Nathan C. Hunt, 15. James C. Ryan, 16. Henry
F. Wilson, 17. Nicholas Click, 18. Aaron Wagoner.
Another jury was: 1. John Cheshire, 2. W. P. Cook, 3. W. M.
Lowery, 4. Nelson Travillion, 5. William Lunn, 6. John Hunter, 7.
Abraham Allen, 8. Isaac Allen, 9. Noah Brock, 10. William F. Kelly,
11. Rhdford Foster, 12. Richard Coins.
At the Superior Court held on 15th October 1838 - Hon. Thomas
Settle presiding judge, When L. R. Rose reriewed his bonds as clerk of
said court. The grand jurors were: 1. Nathan Chaffin, appointed foreman,
2. Adam Sanders, 3. Nathan Stanley, 4. George Howard, 5. Jacob Cornatzer,
6. James White, 7. Saml. Garwood, 8. Ahira Clifford, 9. Jacob Sain, 10. Wm.
Brock, 11. Elijah Smallwood, 12. Joseph Clifford, 13. William Wyatt, 14.
Jesse Rivers, 15. Saml. Foster, 16. Saml. Taylor, 17. Tennyson Cheshire,
18. John Smith, Sr. William Jarvis one of the officers of court sworn to
attend the Grand Jury.
State of North Carolina, Davie County, at a Superior Court of
Law and Equity open and held in the new court house in the Town of Mocksville
on the 8th Monday after the 3rd Monday in Feb, it being the 15th day of
April A. D. 1839. Hon. Frederick Nash, presiding Judge, Thomas Foster,
Sheriff. The grand jury at this term was: 1. Archibald G. Carter, appoint-
ed Foreman, 2. David Harris, 3. Anderson Hendrix, 4. John Williams, 5. Nicholas
Miller, 6. John Sheek, 7. John Gray, 8. William Hawkins, 9. George W. Johnson.
10. Saml. Smith, 11. Lawrence Hudson, 12. Thomas Hendrix, 13. Tennyson Cheshire,
14. John Dismukes, 15. Richmond Nail, 16. Isaac W. Ellis, 17. Burgess Garner,
18. Peter Clingman. Petit jurors were as follows: 1. George Lowery, 2.
Joseph Hauser, 4. Alfred McCulloh, 5. Henry Clement, 6. Nathan C. Hunt,
7. Squire H. March, 8. John Lunn, 9. George Howard, 10. Isham P. Ellis,
11. George Kinnick (?), 12. Caswell Harbin.
Page 13
COURT EXTRACTS - (Fram Mary J. Heitman papers)
Lemuel Bingham, Clerk and Master of the Court of Equity, Davie
County, tendered his several bonds and their executions were duly proven
in open court by John Clement, the subscribing witness, with J. McRorie
and A. G. Carter securities, which were received and ordered to be re-
corded and registered.
At a Superior Court of Law, opened and held in the Town of
Mocksville in the court house, County of Davie, on the 8th Monday after
the 3rd Monday in August, it being the 14th day of October 1839, and in
the 64th year of our Independence, the Honorable John M. Dick presiding
judge and J. R. Dodge Sol. L. R. Rose having been elected Clerk of the
Superior Court of law of Davie County, he tendered his bonds with John
Clement and T. McNeely securities, which were received and their exe-
cution duly proven in open court, whereupon, the same was ordered to be
registered. The Grand Jury at this term.was: 1. Thos. Ratledge, foreman,
2. George Foster, 3. Samuel Foster, 4. William A. Howell, 5. John Summers,
6. Frederick Cope, 7. Richard P. Mason, 8. Daniel W. Cain, 9. William
Orrell, 10. Nathan Stanley, 11. Garland Anderson, 12. George Coon, 13.
Nathan Cranfill, 14. John Hunter, 15. William Humphreys, 16. Noah Brockg
17. Holding Smith, 18. Jacob Cornatzer.
(Berry Foster and wife Mary, and Giles Foster have leave to
become parties plaintiffs in a suite now pending, wherein, Milton Hobbs
and wife (Irene) and Sarah Foster VS. R. N. and B. Craige, Executors of
A. E. Foster, dec.
Superior Court opened and held on 13th April 1840, the [ion.
Thomas Settle presiding judge. Grand Jury: 1. Isaac Holman, appointed
Foreman, 2. William Booe, 3. Joseph Eaton, 4. Isaac Allen, S. Joseph Howell,
6. Tennyson Cheshire, 7. Henry Keller, Esq., 8. Gassaway Gaitheri 9 A. B.
Holman, 10. Maxamillian Cuth'rell, 11. Littlebury Foster, 12. Joseph Gray,
13. John Rich, 14. John Hodge, 15. Thos. Smoot, 16. Radford Foster, 17.
William Hawkins, 18. John Williams, William Jarvis, one of the constables
of the county, sworn to attend on the Grand Jury for this term.
(David Craige had four children, Samuel Foster had five children.
Estate of Anderson E. Foster sued)
(Who was Carolina E. Haden?) - A. G. Carter, Adm. of Wm. Haden,dec., Braxton
Bailey, guardian of Mary Jane Haden, William F. Kelly, Adm. of John Clement,
dec.)
Page 14
COURT EXTRACTS - (From Mary J. Heitman papers)
At a Superior Court of Law and Equity opened and held in the
court house in Mocksville in the aforesaid county on the 8th Monday after
the 3rd Monday in August, it being the 12th day of October 1840. The Hon.
Richmond M. Pearson, Presiding Judge. Grand Jurors to wit: 1. Nathan
Chaffin, Sen., 2 Jacob Cornatzer, 3. Nathan Cranfill, 4. Daniel W. Cain,
5. James Kenyon, 6. Jesse Revis, 7. Thos. W. Brock, 8. Jacob Williams,
9. Henry F. Willson, 10. Thos. Veatch, 11. Burgess Garner, 12. William
Brock, 13. Thos. Ratledge, 14. Joshua Brinegar, 15. William Wyatt, 16. J.
A. Coon, 17. Jesse Hendrix, 18. F. L. Powell. Josiah Inglis, one of the
constables of the county, sworn to attend the G. J. for this term.
Term of Superior Court held on 12th April 1841. The Hon. Mathias
E. Manley present and presiding judge. W. B.March, Sheriff of said county.
Grand Jurors were: 1. Peter Clingman, Foreman, 2. Tennyson Cheshire, 3.
John Rich, 4. Laurence Hudson, 5. Caswell Harbin, 6. Thos. W. Brock, 7.
James White, 8. James Latham, 9. Noah Brock, 10. Gassaway Gaither, 11.
Thos. B. Owings, 12. Jacob Williams, 13. Nelson Travillion, 14. Issac N.
Rich, 15. James Penry, 16. Leonard McBride, 17. Ephraim Gaither, 18. Thos.
McGuire.
Superior Court - April 18, 1842 - The Honorable R. M. Pearson,
Presiding Judge; W. B. March, Sheriff of said county. The following drawn,
swprn and charged as the Grand Jury: 1. Burgess Garner, Foreman, 2. J. M.
Roberts, 3. Rowland Crump, 4. Benj. H. Eaton, 5. Smith McClannon (?),
6.Henry Clement, 7. Jacob Sain, 8. Isham P. Ellis, 9. John Cartner, 10.
Ahira Clifford, 11. David Baker, 12. Leonard McBride, 13. Benjamin Baker,
14. William March, Jun., 15. Braxton Bailey, 16. Eli S. Clark, 17. Jacob
Sheek, 18. Max. Cuthrell.
(Days of the whipping post, branding with letter "M" for man-
slaughter and hanging for murder). (Judge Pearson lived here then and pre-
sided at a number of terms).
(Milton Hobbs wife named Irene. Who was John Ellis Foster?)
Spring Term 1844 Hon. William H. Battle presiding Judge, W. B. March,
Sheriff. Jurors were: 1. Thomas Brown, 2. Gassaway Gaither, 3. Sam-
uel Penry, 4. Henry Cope, 5. Henry Hunter, 6. Ledger Beck, 7. William
Marlow, 8. Phillip F. Meroney, 9. William Booe, 10. Simeon Sifford,
11. Jacob A. Coon, 12. Thos. Butler, 13. Thos. Holman, 14, Elisha Gibbs,
15. Drury Peebles, 16, John Cornatzer, 17, I. B. Ellis, 18. H. R. Austin.
Page 15.
Court Extracts - (From Mary J. Heitman papers)
Fall Term 1844 - Judge Mathias E. Manly presiding. Isaac N{{,,..� Rich
by his council on motion was appointed Guardian of Mattheas. ich &
Mary E. Rich, & gave bond in the sum of 4000, and gave for securities
Isaac N. Frost & Benjamin F. Eaton. Present & presiding the Hon. M. E
Manly, which bond was approved. At the Fall term 1845 Samuel Rose
appeared in open court & was duly qualified as Deputy Clerk of Davie
Superior Court of Law.
March 1846 - the presiding Judge being Hon. David F. Caldwell.
March 1848 - Judge M. E. Manly presiding, Nathan Neely Fleming,
having produced a license from the Judges of the Supreme Court and
having taken the oath prescribed by law, is admitted to practice as
attorney at law in the Superior Courts of law and courts of Equity
for this State.
Fall term - Sept. 25, 1848 - Hon. Augustus Moore presiding Judge.
March Term 1849_ - Present and presiding the Honorable John W. Ellis,
one of the judges in & for the State of North Carolina, assigned by
law to hold said court for said County of Davie. W. B. March, Sheriff.
M. Booe D.S. J. A. Lillinaton lawyer here then.
John M. Clement, having produced in open court a license
from the judges of the Supreme Court of North Carolina, authorizing
him to practice in the several courts of law & equity of this State -
on motion he was duly qualified in open court.
Feb. 1838 - Court Records - Ordered by the court thd-John Click act
as overseer of the road from the Forks of the road at Zadock Daniel's
to Pickler's Branch with usual hands.
L. H. Austin appointed Constable, entered into borelin $4000
with William March, Sr. & Radford Foster, & took oath of office. John
Sheek appointed constable, gave bond in $4000 with Wm. Sheek & Wm.
March, Sr. & took oaths of office.
Ordered by the Court that E. Lovelace, Matthew Fulford &
Thos. Ferebee act as Patrolers in Capt. Rich's company. Forest L. Powell
was appointed Constable= gave bond in $4000<tiitth Benj. Stonestreet,
Samuel Smoot & Joseph W. Rice & took oaths of office.
Joseph W. Rice ap. con. gave bond with Radford Foster, Beal
Ijames, Jr., & Samuel Foster in $4000 & took oaths of office.
Page 16.
COURT EXTRACTS - (From Mary J. Heitman papers)
Ordered by the Court that John Sanders act as overseer of
the road Oaks' Ferry to the hill at Adam Little's with the usual
hands. Ordered by the Court that Janes (?) Wood act as overseer of
the road from Shady Grove Meeting House to Mrs. Hanes' Millswith
usual hands.
The following report of the Jury on the road from Factory
Street in Fulton road filod in obedience to an order from the worship-
ful Court of Davie County at Nov. Sessions 1837, to mark & locate a
public road from Mocksville, commencing at Factory street & intersect
with the Fulton road upon the most suitable ground according petition -
Beginning at East end of Factory street, hence along E. Wood's line
to stake near the Brick Kiln, thence to the Fulton (road) near the
mouth of J. Clement's lane. Given under our hands 4th Feb. 1837' -
L. H. Austin, Geo. Booe, R. H. Duffy, Jacob C. Graves, Jas. Renshaw, 'rr.
Jacob Helper, S. H. March, H. R. Austin, Jacob Sain, Benj. Martin,
Andrew Black, Richmond Nail.
Feb. 1838 - Another road began at John McCrorie's Store
thence crossing Bear Creek at the bridge, thence to Griggs(?) Old
Field, to the old mountain road laid off by these Jurors: Richmond
Nail, M. F. Miller, Jas. F. Martin, Edom Wood, Sam'l. Frost, Jacob
Helper, Thos. McNeely, Jno. Penry, Jno. McRorie, Daniel Gifford, Jas.
C. Ryan, & Danl.,Dwiggens. -
1838. At a Court of Pleas and Quarter Sessions begun & held for the
County of Davie in the Methodist Church in the village of Mocksville
on the fourth Monday in Feb. A.D. 1838 & in the 62nd year of our
Independence. Present the following Justices -(to wit) Enoch Brock,
William Hawkins & A. G. Carter.
Thomas Cain's last will & testament was produce=d in court
& the execution was duly proven by the oaths of Jonathan Cranfield
& David Baity, two of the subscribing witnesses, whereupon it was
ordered to be recorded, and Samuel Cain qualified as executor & re-
ceived letters Testamentary.
William Hawkins appointed quardian of Alexander Swinke &
Margaret Swinke, orphans of Peter H. Swinke, gave bond in $1100 with
John Linn & William Sheek; present on the bench Enoch Brock, A. G.
Carter, & James F. Martin, Esquires, making the appointment and
approving the securities.
e
Page 17.
COURT EXTRACTS (From Mary J. Heitman papers).
The freedom papers of Eli Valentine, a man of color was proven
in open Court.
Orphan boy bound to William Willson to learn the arts & mystery of
Farming, to be learned to read & write. Orphan girl bound to William
Hammer to learn the art & mystery of a Spinster & to read & write.
Another boy bound to William Hammer to learn the arts & mystery of a
saddler & Harness maker & to read and write. John Call appointed
Constable, gave bond in $4000 with William Sheek & Alexander Oaks
& took oaths of office. Ordered by the Court that Joel Beechem,
Richmond Hendrix, William Lunn & James Sanders act as patrols in
Capt. Lunn's district.
Ordered by the Court that Alexander Smoot & George Willson
act as commissioners to examine & let out the repairing of the bridge
across Hunting Creek at William B. Willson's & make report to the next
court as the law in such cases directs. Ordered by the Court that
L. R. Rose, Samuel Frost & Giles W. Pearson act as a committee of
Patrol in Capt. Nail's company district. A number of deeds of land
are (about 20) recorded at this time. Ordered by the Court that
Nathan Chaffin, Richard Gowings & Anderson Hendrix act as a patrol
committee for one year in Captain Markland's Company.
May 1838 - Allen Harbin appointed administrator on the estate of
Elizabeth Harbin, deced. - gave bond with C. Harbin & Elijah Smalwood
in $1000 - qualified and received letters of administration.
Orphan boy bound to C. W. Bessent to learn the art & mystery
of shoe making, to read & write & cypher to the rule of three & to
receive a freedom suit, one new Bible & $6. Ordered by the Court that
the Trustee of the county pay Richmond Nail towards building the
whipping post & stock & pillory $30. Ordered by the Court that the
Trustee pay Henry R. Austin eleven dollars for making three tables,
one Jury Box & one scren for different officers. Ordered by the Court
that A. Cheshire, James Smith & Anderson Hendrix act as commissioners
to divide the Negroes belonging to the estate of John Cope, dec., among
the heirs at law of said estate.
Josiah Cowles appointed administrator of Thomas D. Gibbs, dec.
entered into bond in $800 with John Wright & Henry Foot, qualified & rec.
letters of administr.
Page 18
COURT EXTRACTS _ (From Mary J. Heitman papers)
Thomas McNeely appointed administrator on the estates of
Henrietta Helfer, Amanda Helfer & Hampton L. Helfer'sestates, gave
bond in $100 in each case with Thomas Brown & S. L. Howell, qualified
& rec'd letters of administration.
David Sheets appointed administrator on the estate of
John Ellis, dec., gave bond with George Howard & Anderson Hendrix in
$100, qualified & recd. letters of administration.
Ordered by the Court that the Trustee of the County pay
Wm. F. Kelly $97.57 towards building the bridge across the South Yadkin
River at or between Kelly & Johnson's 12 months from this time.
On the question shall the county purchase weights & measures,
those voting in the affirmative are as follows: Lemuel Bingham, John
McRorie, Spence Taylor, Enoch Brock, Wesley Johnson, Jeremiah B. Ellis,
Jesse A. Clement, Henry Keller. The rest of the court voted in the
negative. The following Justices elected to hold courts especially,
viz. Enoch Brock, William Hawkins, Alexander Smoot, A. G. Carter, &
Thomas Cheshire. Ordered that they receive each two dollars per day
for every day they may hold. The Special Court appointed as the
committee of Finance for the ensuing year. Ordered by the Court that
hereafter there shall be four Grand Juries that is, one for each term
of the County Court. Ordered by the Court that hereafter Feb. sessions
in each year shall be the Terms that patrolers shall be appointed &
orders returned. The"stock mark''of horses & cattle was recorded from
time to time, such as the right or left ear being split or cropped, etc.
Ordered by the Court that Jeremiah B. Ellis, Radford Foster
& Jesse A. Clement act as commissioners to let out the repairing or
building the bridge across Dutchman's Creek at Foster's Mills. Ordered
by the Court that the Sheriff shall have the church in which court is
held cleaned out after each court term & at each subsequent term pre-
sent his account for allowance. Ordered by the Court that the constable
waiting on the Court shall be paid one dollar per day for each day's
attendance on duty. Ordered that William B. Willson hereafter act as
crier of the Court & shall receive as compensation for said services
$1.25 for each day he may be thus engaged. 28 deeds recorded at May
Term 1838.
Page 19
COURT EXTRACTS - (From Mary J. Heitman papers).
August Term 1838 - Court of Pleas and Quarter Sessions in Methodist E.
Church- Justices - Enoch Brock, A. G. Carter, William Hawkins, Alex.
Smoot, Ordered by the Court that William Crouse act as overseer of
the road from Fork Meeting house to Grave's bridge with the usual hands.
Ordered by the Court that James Cavender act as overseer of the road
from the top of the hill at Foster's Bridge to the Fulton & Graves'
bridge road with his own hands & Mrs.Nesbit's. Ordered by the Court
that Joseph Hanes act as overseer of the road from the Fork Meeting
House to Hanes Ferry on the Yadkin with the usual hands. Ordered by
the Court that Wilford Turner act as overseer of the road from Anderson's
bridge to county line with the usual hands. Upon comparing the return
of the votes for Sheriff of Davie County for the next two years �- it
appeared that Thomas Foster received 507 votes, that Beal Ijames, Jr.,
received 179 votes, and that Thomas Foster was duly elected, whereupon
proclamation was made. Ordered by the Court thatI. A. Coon act as
overseer of the road from Powel's cross roads to Mocksville with the
usual hands.
Ordered by the court that 14ellburn Stonestreet act as over-
seer of the road from Isaac Holmans to the branch at the foot of liberty
hill with the following hands, Isaac Holman's. Wm. Stonestreet's, Tenny-
son Cheshire's, Thomas B. Owen's, George Coon's. Green Booe's, and such
other hands living within two miles of said road, not required on other
roads.
Ordered by the Court that Arthur Neely act as overseer of the
road Bear Creek bridge at Setzer's to Willson's bridge on Hunting Creek
with the usual hands. Ordered by the Court that William Smith act as
overseer of the Georgia road from Bear Creek to Wesley Clarks with the
usual hands. (George Booe's last will, etc.)
Ordered by the Court that the County Trustee pay M. D. Armfield $1.75
for having the court house scoured. Ordered by the Court that Richard
H. Lowery act as everseer of the road from the Iredell line above Turner's
Store to Ratledge's ford on Hunting Creek on the Georgia road with the
usual hands. Thomas Foster, who was elected sheriff for the next two
years, tendered his several bonds with Radford Foster, James F. Martin,
Robert N. Craige, & Thoms McNeely securities, which was approved & he
took the oaths of office, which several bonds were acknowledged in
open court & ordered to be filed.
r; r'F"
till" I,1_1 -
Page 20.
COURT EXTRACTS - (From Mary J. Heitman papers)
Ordered by the Court that James Kinnion act as overseer of the
road from the sign post near Hendrix Mill to the Surry line on the
Rockford Road with the usual hands. Ordered by the Court that Calton
Bessent act as overseer of the road from the sign board in Cherry Hill
old field to the sign board in the Stokes quarter plantation & that one
half of the hands on Stokes quarter farm - John Foard's, Daniel Click's,
Michael Click's, & such other hands living within two miles of said
road not required to work on any other road to work on said road.
Ordered by the Court that Shaderick Etchison act as overseer
of the road from Dutchman's Creek bridge to Cedar Creek with the usual
hands. Ordered by the Court that Thomas Hendrix act as overseer of
the road from Cherry Hill to Hall's plantation with the usual hands.
Ordered by the Court that James Brock act as overseer of the road from
Kelly's & Johnson's bridge to the Statesville road with the following
hands: Mrs. Welch's, Wm. Haden's, John Locke's, Arthur Neely's, John
Maxwell's. John Keller, sen., Jesse Hendrix, South Parker's, sen.,
Joseph Pearson's quarter hands Bruner's & Seamon's.
Ordered by the Court that Peter Ferebee act as overseer of the
road from Hendrix' Mill to Surry line on Huntsville road with.the usual
hands. Ordered by the Court that John Lunn act as overseer of the road
from the Burnt Tavern to Hendrix's Mill with the usual hands.
16 deeds recorded at this term.
November Term 1838 - At a Court of Pleas@ & Quarter Sessions begun &
held for the County of Davie in the M. E. Church on the 4th Monday in
Nov. A.D. 1838. Justices: Enoch Brock, A. G. Carter & William Hawkins''
John Smith appointed guardian of Thomas Penery, Sarah Eliza Penery &
Boon Penery, orphans of Boon Penery, dec. - entered into bond with
Wm. B. Willson and John Maxwell in $200.
Ordered by the Court that Ebenezer Garwood act as overseer
of the road from the Fork Meeting House to Roberson's bridge on Dutch
man's Creek with the usual hands.
A. G. Carter, N. Travillion & Daniel Click made their report,,,.. -
as commissioners of the division of the negroes of George Booe, dec.,
five divisions, Mary Jones, Phillip Booe's heirs, John Booe's heirs,
Daniel Booe, & Elizabeth March. 19 deeds recorded. Court closed on
Dec. lst-1838. Justices- James F. Martin, Drury Peebles & Lemuel Bingham,
Esqs. Ordered by the Court that Wm. F. Kelly, Drury Peebles & Radford
Foster act as commissioners to let the building or repairing of the bridge
across Dutchman's Creek at Foster's mill & report to next term of Court.
Page 21.
NORTH CAROLINA - DAVIE CO.
COURT EXTRACTS - (From Mary J. Heitman papers).
BOOK 1 - Court of Pleas & Quarter Sessions - Page 539. Sept. 11, 1845.
In pursuance of a summons by the Sheriff of Davie County the
following Justices of the peach in and for the said county, met in the
Court House in Mocksville for the purpose of holding an Election for
County Court Clerk to fill the vacancy occasioned by the death of
John Clement, Esq., x x Caswell Harbin elected. On motion
Lemuel Bingham, William F. Kelly & L. R. Rose were appointed a committee
to hand over the records and papers of the office to Caswell Harbin, the
newly elected Clerk. Whereupon the magistrates adjourned.
Page 541. County Court Office, Sept. 14, 1845. Whereas a
vacancy having occurred in the office of Register of Davie County,
A. G. Carter, Lemuel Bingham and Thomas McNeely, Esqs., met in the
clerk's office and nominated and appointed Stephen L. Howell, the
former Register, to fill said vacancy until a permanent appointment
is made according to act of Assembly, and he gave bond, etc.
Page 542. Administration on the Estate of John Clement,
deceased, granted to William F. Kelly. He gave Bond with Lemuel
Bingham, Tennison Cheshire and Braxton Bailey in $30,000, was quali-
fied and received letters. Nov. 4th, Mon. 1845. Court of Pleas &
Quarter Sessions. Present on the Bench & presiding the following
acting Justices, to wit: A. G. Carter, William Hawkins, Hiram Phelps,
Esqs.
Page 546. Nov. 26, 1845. Ordered by the Court that Lemuel
Bingham, Esq., L. R. Rose, Stephen L. Howell & John McRorie act as
commissioners to allot and lay off one year's provisions for the widow
and family of John Clement, deceased..
DAV
I ii i' ndi ;
Page 22.
MINUTE DOCKET FOR THE COURT OF PLEAS & QUARTER SESSIONS
Book 2, Page 2. (From Mary J. Heitman papers).
NOV,-22, 1847
Thomas McNeely, Garland Anderson & James Kenyon, Commissioners,
appointed to sell the Poor House Lands, reported that they have made
a sale of the same at the sum of $396 to Ienison Chesh4r, who was the
highest bidder, which Report was confirmed by the Court. They also
reported that they had purchased 115 acres of land of L. R. Rose at
the sum of $252 of which $52 was paid down and a certificate for
$200 given, due at six months - for a new scite for a poor house
for the paupers of Davie County.
Book 2, page 45 - Lemuel Bingham, William F. Kelly, Patrick H. Cain,
Samuel Taylor, George W. Johnson, Francis Williams and Alexander M.
Hanes were re -appointed as a Board of Superintendents of common
schools for Davie County for one year. Aug. 29, 1848.
Nov. 29, 1848 - Page 66. Wm. F. Kelly was appointed one of the
committee of Finance for Davie County in place of M. D. Armfield
removed. He came into court and was duly qualified.
Feb. 27, 1849 - Page 75. Administration upon the Estate of William
F. Kelly, dec. granted to Stephen L. Howell. He gave bond with Hanry
R. Austin, Lemuel Bingham, George Wilson, Braxton Bailey, Thomas M.
Young, Samuel Gaither, Jesse A. Clement, and Hugh Reynolds, in the
sum of $75,000, was duly qualified and received letters of Adminis-
tration.
(1 FSP ,Z P' P?1 ^y � r•�