Nov Term 1788
[OCPQS 4/163 - Nov 1788]
At a County Court of Pleas & Quarter Sessions begun
& held for the County of Orange at the Court House in Hillsbo on the 4th
Monday of November A Dom 1788 being the 24th day of said Month.
Present: Eli McDannel, Wm Watters, Wm Lytle} Esqrs.
The Sheriff returns the Venire Facias to Wit: Wm Clark,
Andrew McBroom, Wm Woods, Wm Hall, Tho Wilson, Wm Cate, Jno Morrow, Wm Morrow,
Jacob Dablin [Deblin], Abram Thompson, James Trousdale, James Thompson, Geo
Foust, Peter Foust, James Neil, Henry McColurs?, John Donnally, Joseph
Stalsworth, Joseph Kirkland, Sterling Harris, Thomas Bradshaw, Rich’d
Christmas, Geo Long, Mathew McCauley, Jo Haisting, Jo Weaks, Frederick
Williams, Lewis Kirk, Jno Griffith, Jno Steel, Geo Johnston, Jno Ray.
[OCPQS 4/164 - Nov 1788]
License is granted to William Clark to keep an Ordinary at
his dwelling House on the Road leading from Hillsborough to Paines Ordinary.
Ordered that the Sheriff sell the property of Robert
McIntire James Lapsy? Levied on by Execution from under the hand of Wm
Lytle esq at the Instance of Eliza Boreland.
Ordered that the Sheriff expose to sale the property of
Robert McIntire levied on by Execution from under the hands of Jno Taylor esq
at the Instance of Henry Thompson.
Ordered that the Sheriff Expose to Sale the property levied
on by Execution from under the hand of Wm McCauley of Rob’t McIntire at the
In[s]tance of Sterling Harris.
Remaining Jurors of the Original pannel: Geo Foust, Peter
Foust, Jno Donelly, Jo Stalsworth, Lewis Kirk, Jacob Dablin [Deblin], James
Trousdale, Mathew McCauley, Jno Ray, Riges? Johnston, Wm Woods, James Thompson,
Wm Morrow, Jno Griffith, Thomas Bradshaw, Frederick Williams.
[OCPQS 4/165 - Nov 1788]
Grand Jury impanneld & Sworn, to wit: Richard Christmas,
Henry McClure, Wm Clark, Joseph Haisting, Joseph Weaks, Wm Hall, James Niel,
Sterling Harris, Tho Wilson, Abram Thompson, Joseph Kirkland, Andrew McBroom,
John Morrow, Wm Cate, Geo Long.
Rueben Smith Constable sworn to attend the Grand Jury this
Term.
Ordered that the following Jury ???????? lay off
direct the opening of a new road from the Bridge near the Town ford on Enoe the
most Convenient way to the old road now leading to the said ford, to wit: Sterling
Harris, Wm Whithead, Joseph Moore, Jno Taylor, Wm Watters, Jno Allison, Henry
Thompson, Wm Newman, Dav’d Ray, Samuel Allen, Roswell Huntington, Wm Lytle,
Samuel Thompson, Jacob Richards, Wm Courtney, Joseph Dickens – any twelve of
them & make report to this Court. [Dunaway's Roads Records Volume 1,
page 18.]
[OCPQS 4/166 - Nov 1788]
Court adjourns til tomorrow morn 10 O’Clock.
Tuesday Morning 10 O’Clock 25th November 1788,
Court met according to Adjournment. Present: James Carson, Wm Lytle, John
Sloss} Esqrs.
Ordered that Geo Foust, Jno Dannelly, Jo Stalsworth,
Geo Johnston & Thomas Bradshaw be fin’d agreable to Act of Assembly
for not attending as Original Jurors at this Term.
Administration of the estate of James Whitsides is Granted
to Empson Bird & Jno Stockard who enters into Bond with [blank] agreable to
Law. [See also guardianship OCPQS 4/294,
perishable property to be sold OCPQS 4/173.]
Wm Nash Esq produced a License to Practice as an Attorny in this
Court & took the Oaths required by Law for his quallification.
[OCPQS 4/167 - Nov 1788]
Ordered that a receipt from under the hands of Mrs Eliza
Williams, wife of James Williams esq for the sum of Thirteen pounds 8/ be
admited as a Voucher in James Freelands Settlem’t with Jno Walker County
Treasurer.
John Allison vs Wm Newman} Case. Jury sworn, to wit: Lewis
Kirk, James Trousdale, Mathew McCauley, Jno Ray, Wm Woods, James Thompson, Wm
Morrow, Jno Griffith, Wm Clerk, Thos Cate, Jno Donnally, Lewis Horneday.
Wm Oneal vs James Williams} O Atta. Zachariah Hermon a Witness
Guarnishee summon’d to declare what property of James Williams’s he had in the
hand &c being sworn, accounteth? saith that he has Twelve pounds 7/6
in Money which is Condemn’d for the use of the Plaintiffs Recovery.
[OCPQS 4/168 - Nov 1788]
Administration of the estate of Jno McVinch is Granted to
Catherine McVinch who enters into Bond with [blank] Securities agreable to Law.
[See also perishable property to be sold
OCPQS 4/173.]
Administration of the estate of Tho Brown? is granted to
Catherine McVinch who entered into Bond agreable to Law.
James McDannel is appointed overseer of the road from
Hunters ford on Haw river to the Six mile Branch.
Mumford & Mallett vs Wm Newman} Case
Jury sworn, to Wit: Lewis Kirk, James Trousdale, Mathew
McCauley, Jno Ray, Jno Woods, James Thompson, John Griffith, Tho Cates, Jno
Donnelly, Walter Morrow, Wm Morrow, Gilbert Strayhorn. Find a Verdict for the
plaintiff for £10.16.7 & Costs.
[OCPQS 4/169 - Nov 1788]
Wm Hall is appointed Overseer of the road in the room of Wm
McKee from Thomas Griffins to Joseph Allisons.
Wm Clerk & Lewis Horneday is fin’d for non attendance as
Talis Men at this Term. 2d day of the T.
Court adjourns til tomorrow morn 10 o’Clock.
Wednesday morn 10 O’Clock 26th November 1788,
Court met according to Adjournment. Present [blank]
Ordered that the following persons direct that the
opening of a new road the best & most convenient way from the bridge over
the Enoe near the Town ford to the Old road leading to the said ford, viz:
Lewis Kirk, Wm Kirk, Geo Long, Joseph Kirkland, R Christmas, Thos Cate road[?],
??? Strayhorn, John Hastings, Joseph Hastings, Arch’d Campbell, Wm Wily, Wm
Strayhorn, John Strayhorn, John Grant Rencher, Jas Christmas,
[OCPQS 4/170 - Nov 1788]
[cont’d] John Hart, Joseph Hart, Abraham Nelson, Alex’r
Boland, John Cabe, Jno ??? Elliot & William Elliot, & Richard
Cate and Report to this Court. [See Dunaway's Bridge Records, page 18.]
Ordered that Isaac Gadis may be adm?? to administer the
Goods & Chattels of Christian Brody deceased with the Will annex’d &
entered into Bond agreable to Law. [See Will of Christian Grady at OWB B/32.]
Ordered that the following persons mark of and lay out a new
road the nearest & best way from Davis’s Shop to Hillsbo crossing flatt
river at the Publick Bridge near Carrington’s, to wit: John Latta, James Moore,
James Latta, John Latta Jr, John Nichols, Wm Jameson, John Neely, Sam’l
Torrentine, Hugh Woods, John Carrington, Abram Davis, Tho Horton, Anthony
Cozort, James Cozort & report to next Court. [See Dunaway's Road Records,
Volume 1, page 21. But they could not agree a route, see OCPQS 4/188.]
The former Order Rescinded.
[OCPQS 4/171 - Nov 1788]
Allison & St Laurence vs Umstead & Wife} Case. Jury
sworn, to wit: Lewis Kirk, James Trousdale, Mathew McCauley, Jno Ray, Wm Woods,
James Thompson, Jno Griffith, Wm Clark, Jno Donnelly, Lewis Horniday, Mathew
Clinton, Wm Morrow. Find a Verdict for the Plaintiff £23.17.1 & Costs.
John Allison is allowed Ten pounds 16/ to be paid out
by the County Treasurer for a Book by him bought for the Use of the Register of
this County. [Apparently Orange County Deed Book 4.]
Ordered that the Sheriff sell the perishable estate of
Charles Roberts Dec’d agreable to Law and make return to next Court. [See also
administration OCPQS 4/136.]
[OCPQS 4/172 - Nov 1788]
12. Mary Humphries vs Jno & Sam’l Hart} T Q C F. Jury
sworn, to Wit: Walter Morrow, Thomas Cate, John Bowls, Wm Courtny, Henry Bunch,
Hugh Findley, Thomas Brooks, Abram Whitaker, James Hughey, John Tining, John
Woods, Sam’l Patten. Find the a for the Defendants.
13. Wm Horn vs Jno Rich & Jno Mitchum} Cov’t. Jury
sworn, to wit: Lewis Kirk, James Trousdale, Mathew McCauly, Jno Loy, Wm Woods,
James Thompson, Richard Cate, Wm Clerk, Jno Donnelly, Lewis Horneday, Jno Cabe,
Wm Morrow. Find verdict for the Plai’f for £17.12.0 with Int from Aug’t 1786
til this present date & Costs.
[OCPQS 4/173 - Nov 1788]
Patrick Harley vs Ro McIntire} Debt. Same Jury as to No 13 find
a Verdict for the Plaintiff for £12.17.0 with Int from [blank] 1785 til this
Date.
Andrew Gibson vs James Brown} O Atta. Same Jury as to No 13
sworn. Verdict for £108,0,0 & Costs for the plaintiff.
The Court Adjourns til to morrow morning 10 o’Clock.
Thursday morn 10 O’Clock 27th November 1788,
Court met according to adjournment. Present: Eli McDannel, Jno Taylor, Wm
Watters} Esqrs
[OCPQS 4/174 - Nov 1788]
16. Andrew Gibson vs James Bracken} Plea that the Lands
attach’d as the property of James Brown is the property of James Bracken.
Replication & issue. Jury sworn, to Wit: Lewis Kirk, James Trousdale,
Mathew McCauley, Jno Ray, Wm Woods, James Thompson, Frederick Williams, Jno
Donnally, Thomas Brooks, Wm Morrow, Jno Galbreath, Samuel Patten. Find the Land
in question is not the property of James Bracken & Costs. Defendant
appeals, Bonds & Aff?? & reasons filed.
Richard Davis is appointed overseer of the road from dry
Creek to the east of dry Creek new hope to the fork of the road &
that the following hands work under him on the same, to wit: The hands of Jno
Mo????, Edward Couch, Turner Herod, Joseph Bilbow, Wm Wills Green, Geo Daniel,
Wm Hudson, Philip Allen, Rose Sears, Joseph Herod, Gray Booth, Benjamin
Yeargan.
[OCPQS 4/175 - Nov 1788]
Ordered that [blank] Overseer & the hands under his
command Clear and open a road from the South end of the new Bridge across Enoe
up the River to the road crossing said river at the ford & keep the same in
repair according to Law.
Wm Courtny Esq vs Jno & Jo Haisting} Case Trover. Same
Jury as to No 16 Sworn. Find for the Defendant not Guilty.
Ordered that the Sheriff sell the perishable estate of James
Whitsides dec’d & make return to our next Court. [See also administration
OCPQS 4/166.]
Ordered that the Sheriff sell the perishable estate of John
McVinch & Thomas Brooks Dec’d Agreable to Law & make return to the next
Court. [See also administration OCPQS 4/164, guardianship OCPQS 4/294.]
Court adjourns til tomorrow morning 10 O’Clock.
[OCPQS 4/176 - Nov 1788]
Friday morning 10 O’Clock, 10 O’Clock 28th
November 1788, Court met according to adjournment. Present: Eli McDannel,
Robert Campbell, Wm Watters} Esqrs.
Ordered that Jno Cox who is now in the Goal of this District
be Admited to Give Bail for Good & Sufficient Bail for his
appearance at Fay’ville Superior Court to be held on the 20th day of
December next. The said Cox to be Bond in the sum of one thousand pounds &
two Securities in the sum of Five Hundred one thousand pounds.
68. Tho Farmer vs Wm Newman} appeal. Jury sworn, to Wit: James
Trousdale, Mathew McCauley, Jno Ray, Wm Woods, James Thompson, Frederick
Williams, Jno Donnelly, Dav’d Fox, Jno Flintham, Tho Cate, Wm Morrow, Jno Pugh.
Find for Juror withdrawn.
[OCPQS 4/177 - Nov 1788]
John Raley is appointed overseer of of the road from Col Wm
Shepherd to Hillsborough.
The Excrs of Wm Johnston vs Wm Jackson} appeal. Jury sworn,
to wit: John Davis, Wm Shepherd, Eli Collins, Sam’l Allen, Wm Newman, Wm
Courtney, Thos Watts, Jno Mitchum, Hasting Bartlet, Jesse Miller, Wm Gorden,
Henry Morrice. Find for the plaintiff £6.11.4 & Costs.
State vs Henry Morris Jr} Recog £100
State vs Henry Morris Sr} recog £50
State vs Wm Buckner} recog £100
[OCPQS 4/178 - Nov 1788]
Ordered that the Hands of John Taylor & James Hogg open
& clear the Road from the Bridge to the Road at the Ford of Enoe on the
South side of Enoe & keep the same in repair under Sam’l Thompson who is
appointed Overseer for that piece of sd Road, & that said Hands &
overseer be exempt from working on any other Road for one year. said hands
to
Wm Johnstons Excrs vs John Umstead} Fi Fa delivered to Jno
Nichols Esq Sheriff at least Twenty days before the Court, on Motion of the
Plff by Jesse Benton his atto, ordered that the Sheriff be amerced in the sum
of £50 – to the use of the Plff for not serving said Fieri Facias, unless cause
shewn to the Contrary at next Court.
Jno Carrington vs Jno Umstead} Fieri Fa’s ??? same as above
and said Sheriff amerced as above.
[OCPQS 4/179 - Nov 1788]
Sam’l Thompson vs Jno Wilcox} Fieri Fa’s delivered to the
Sheriff of Chatham at least 20 days before this Court. Ordered that sd Sheriff
be amerced £50 as in the last mentioned case.
The Execution of a Deed from Richard Christmas to Nath’l
Macklemore was duly proved in open Court by the Oaths of Reubin Smith &
James Christmas Subscribing Witness’s thereto & ordered to be Registered. [See
ODB 4/692.]
The Execution of a Deed from David Enoch to Joel Carden was
duly proved in open Court by the Oath of Wm Cirder [Crider] one of the
Subscribing Witness’s thereto & Ordered to be Registered. [See ODB 4/86.]
The Execution of a Deed from James McCallister to David
Gilson was duly prov’d in open Court by the Oath of James Carson one of the Subscribing
Witness’s thereto & ordered to be Registered. [See ODB 4/87.]
The Execution of a Deed from Walter Burnsides & Wife to
Jo Hodge was duly prov’d in open Court by the Oath of Thomas Strain one of the
Subscribing Witnesses thereto & ordered to be Registered. [See ODB 4/89.]
[OCPQS 4/180 - Nov 1788]
The Execution of a Deed from Adam Marley & Wife to John
Haney was duly proved in open Court by the Oaths of James Bowers & James
Bowers [Deed Book says second witness was James Ozburn] was duly
Subscribing Witnesses thereto & ordered to be Registered. [See ODB 4/83.]
The Execution of a Deed from Samuel Parks to Solomon Parks
[Morgan] was duly prov’d in open Court by the Oath of Emsly Parks one of the
Subscribing Witnesses thereto & ordered to be Registered. [See ODB 4/91.]
The Execution of a Deed from Benjamin Blake to Jno Scott was
duly proved in open Court by the Oath of Nich’l Perry one of the Subscribing
Witnesses thereto & ordered to be Registered. [See ODB 4/81 & 4/731.]
The Execution of a Deed from Adam Marley & Wife to Robert
Marley was duly prov James Bowers was duly prov’d in open Court by the Oath
of Thos Haney one of the Subscribing Witnesses thereto & ordered to be
Registered. [See ODB 4/730.]
The Execution of a Deed from Adam Marley to Isaac Dorris was
duly proved in open Court by the Oaths of James Bowers & Jno Haney
Subscribing Witnesses thereto & ordered to be Registered. [See ODB 4/78.]
[OCPQS 4/181 is blank.]
[OCPQS 4/182 - Nov 1788]
Wm Ray Jr, James Stockard, John Ray Cap’t, John ?????,
George Loy, Henery Albright, Aron Sharp Jr, Nathan Wells, Wm Sheppard, Wm Hall,
Wm Cabe, Richard Fossett, Samuel Thompson, Richard Benehan, Allexander
Underwood, Daniel Freeman, William Whitted Jr, John Pike, James Hogg, John
Shaddey, William Dunagin, John Collins, George Daniel, Joseph Hart, Thos Trice,
Nicholas Davis, Benj’n Hearndon, William Brown Sr, John Linn, John Homes, Near
Town, James Woody.
[The rest of this page written upside down:]
Orange County Nov’r Term 1788
At a County Court of Pleas & Quarter Sessions begun and
held for
Sam’l Benton Clerk
[OCPQS 4/183 - Nov 1788]
No other property appear being found, Ordered that
the Sheriff expose to Sale a Lott containing one acre in the Town of Hillsbo of
the property of the late Josiah Watts to satisfy an Execution for the sum of
£20 with Int til paid and & fees, issued from under the hand of Wm
Lytle esq for the sum of £20 with Int at the Instance of Absalum Tatom.
No other property being found, Ordered that the Sheriff
expose to Sale a Lott contain[in]g one acre in the town of Hillsbo of the
property of the late Josiah Watts Dec’d levied on on by execution from
under the hand of Wm Lytle esq to satisfy to Absalum Tatom the Sum of Twelve
pounds with Costs.
Ordered that Jonathan Lindley have leave to build a mill on
Caine Creek, he owning the Land on both sides of said Creek, and that the same
when built be held and Deem’d a publick mill. [See Dunaway’s Mill Records, page 48.]
Ordered that Simon White & Wm Carter have leave to build
a mill Jointly on Caine Creek, they owning the Land on both sides of said
Creek, and that the same when built be held and Deem’d a publick mill.
Administration of the estate of James Quinn is granted to
Benjamin Evins who entered into Bond with Jno Elliott esq agreable to Law. [See
Dunaway’s Mill Records, page 45.]
[OCPQS 4/184 - Nov 1788]
Leave is Granted Wm Philips to keep a ferry over Haw river
on his own Land opposite Wm Galbreaths plantation and that the same be held
& deem’d a publick ferry.
Ordered that Richard Stanford be discharged from his
recognizance for his appearance to answer a charge of having begotten unlawfully
on the boddy of Margaret Crofford. [Not found in Bastardy Bonds.]
In obedience to a Dedimus to Wm McCauley, Alexander Mebane
& James Freeland Esqs, Wm Nunn, Baxter King & Nicholas Gibbs appear’d
and qualified as Justices of the peace for the County of Orange.
Jono Allison is appointed Overseer of the road in the room
of Jno Allen.
Wm Blackwood is appointed overseer of the road in the room
of Jo Ba????
Wm Walker is appointed overseer of the road in the room of
Sherwood Dunagan.
[OCPQS 4/185 - Nov 1788]
Wm Kirk is appointed Overseer of the road from James Tinnens
to Elenor Moores in the room of Richard Christmas.
Administration of the estate of James Faddis is granted Jno
Faddis, who entered into Bond agreeable to Law.
Sam’l Sheppard is appointed overseer of the road of the road
[sic] from Wm Rhodes to Anderson Comers old place.
Ordered that the following hand work on ???? the same
under him, to wit: Owen Watson, Christopher Daniel, Patterson Dannel, Rover
Dannel, Abraham Anderson, Wm Mainer, Sam’l Merit, Jno Merrit, Wm Blaney?, Jno
Cook, Wm Turner, Jno Huske, ?? Picket, Mark Picket.
Sherwood Dunnagin is appointed Constable in the District of
St Maries.
Ordered that all former orders respecting the opening of a
new road from the Meadow meeting house Crossing Caine Creek at Jno O’Dannels
into the old road leading to Clarks ford on Haw river or from said meeting
house to James Tinnins be rescinded and made void.
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