County Court Records 1778 - 1797, Wilkes Co, North Carolina

By James Alan Williams

This book is an abstracted transcription from microfilm, of the original Wilkes County Court of Pleas and Quarter Sessions records from March 1778 - May 1797.

Wilkes County was formed in 1777 by the North Carolina General Assembly and became effective February 15, 1778. The first court meeting was held March 2nd, 1778.

At the time these records were created, Wilkes County included all or part of current day Wilkes, Alexander, Allegheny, Ashe, Caldwell, Surry and Watauga Counties.

• Language: English
• Publisher: Lulu.com
• Release date: Feb 20, 2016
• ISBN: 9781329916401

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County Court Records 1778 - 1797, Wilkes Co, North Carolina

COUNTY COURT RECORDS 1778 – 1797, WILKES CO, NC

James Alan Williams

Justice of the Peace

Floyd County, Kentucky 2003 – 2006

COUNTY COURT RECORDS

1778 – 1797

WILKES COUNTY,

NORTH CAROLINA

By

JAMES ALAN WILLIAMS

3rd e-Book Edition

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Williams Publishing

Banner, KY

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James Alan Williams

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ISBN:  978-1-329-91640-1

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Made in the United States of America

Marvel not at this:  for the hour is coming, in the which all that are in the graves shall hear his voice, And shall come forth; they that have done good, unto the resurrection of life; and they that have done evil, unto the resurrection of damnation.  John 5:27-28

TABLE OF CONTENTS

COUNTY COURT RECORDS 1778 – 1797, WILKES CO, NC

INTRODUCTION

DISCLAIMER

Map 1:  Wilkes County & Surrounding Areas 1778

WILKES COUNTY COURT

INDEX

Books Published by this Author

INTRODUCTION

This book is an abstracted transcription from microfilm, of the original Wilkes County Court of Pleas and Quarterly Session records from March 1778 – May 1797. 

Wilkes County was formed in 1777 by the North Carolina General Assembly and became effective February 15, 1778.  The first court meeting was held March 2nd, 1778.  It was created from the eastern portion of the District of Washington and the western part of Surry County.  In 1792 a portion of the county was cut off to Surry County in the north-east but in the same year Wilkes gained a small area of the District of Washington in the south-west.  Besides those minor adjustments, there were no other changes in Wilkes County’s boundaries during the time of these records.  It is significant to note that in 1799 Ashe County was created from the north-western portion of Wilkes.

At the time these records were created, Wilkes County included all or part of currently day Wilkes, Alexander, Allegheny, Ashe, Caldwell, Surry, and Watauga Counties.  It was bounded by Burke, Rowan, Surry and Washington (later Tennessee) Counties in North Carolina and Montgomery County in Virginia. 

In early North Carolina history, the County Court was the governing body of a particular county, having judicial power as well as overseeing the fiscal and other affairs of the area within its jurisdiction.  The types of orders contained within these records include:  Deed Conveyances, Road Orders, Estate Administrator approvals, Executor appointments of Wills, District Boundaries, Criminal Trials, Debt Trials, Officer’s Bonds (Sheriffs, Constables, Commissioners, etc.), Militia Officer recommendations, County Levies, Magisterial Court Appeals, Fines, County Expenditures and Revenues, Recommendations for Superior Court trials, Overseers of the Poor orders, Slave related orders, and so much more!

DISCLAIMER

It has been the intention of this author to transcribe the records as accurately as possible, including the original spelling and wording of the documents.  However, in transcribing this old handwriting, there are surly some errors.  This having been said, the author makes no claim as to the accuracy of these records.  The reader should consult the original records for his own interpretation.  Map details are only approximations and are not guaranteed for accuracy.

Map 1:  Wilkes County & Surrounding Areas 1778

WILKES COUNTY COURT

of

PLEAS and QUARTER SESSIONS

March 1778 – May 1797

Out of North CarolinaWilkes County

March Term 1778

Agreeable to an act the assembly the coming justices of the peace from his excellency Richard Caswell, esquire governor & commander in chief of this state conveyed, nominated and appointed the following gentlemen named in the mntd dedimus erecting and holding court for the county of Wilkes, at ? Brown's at the bent of the Yadken on the first Monday being the second day of March in the year of our Lord one thousand seven hundred and seventy eight and on the second year of American Independence, jointly took the oath of allegiance to the state and the oath of a justice of the peace viz:  Benjamin Cleveland, Benjamin Herndon, Elijah Isaacs, William ?, Charles Gordon, John Brown, John Parke Junr., Joseph Herndon, James Fletcher, John Greer, William Lewis, Thomas Elledge, George Morris, William Colvart

The court then proceeding to choose a sheriff and Richard Allen was duly chosen sheriff of the said county who took the oath of allegiance to the state and the oath of office and entered into bond with Samuel Bechral, Thomas ?Faner, Daniel Vannoye, Benjamin Greer and Benjamin Elledge entered in the sum of one thousand pounds current money of said state for the faithful discharge of his office.

Likewise the court proceeded to choose a clerk and William Lenoir was duly elected clerk of the said county court & sessions of the peace who took the oath of allegiance and the oath of office and entered into bond with Joseph Herndon, John Brown and John Greer in the sum of one thousand pounds current money of this state for the faithful discharge

Opened court in the name of the state

Present:  Benjamin Cleveland, Benjamin Herndon, Elijah Isaacs, Charles Gordon, John Brown, John Parke Junr., Joseph Herndon, James Fletcher, John Greer, William Lewis, Thomas Elledge, George Morris, William Colvart

The court adjourned till tomorrow 10 o’clock

Tuesday the 3rd of March anno domini 1778 court met according to adjournment

Present:  Benjamin Cleveland, Benjamin Herndon, Elijah Isaacs, Charles Gordon, John Brown, John Parke Junr., Joseph Herndon, James Fletcher, John Greer, William Lewis, Thomas Elledge, George Morris, William Colvard, Esqrs

The court proceeded to choose an entry taker for the said county and Benjamin Herndon, esqr was unanimously chosen

Likewise the court proceeded to choose as surveyor for the said county and Joseph Herndon, esqr was unanimously chosen accordingly

Likewise the court proceeded to choose a ranger for said county and John Brown, esqr was unanimously chosen accordingly

Likewise the court proceeded to choose a coroner for said county and Col. Charles Gordon, esqr was chosen

Ordered by the court that the following persons be appointed constables for the county of Wilkes to wit:  William Ray (on New River), Benjamin Greer, Thomas Bicheral, James Bunyard, Joseph Pourter, Isaac Elledge

The above mentioned persons appeared and were qualified accordingly to law by taking the oath of allegiance to the state and also the oath of office

Ordered by the court that Henry Lewis be appointed constable for sd county & that he go before some justice of the peace and be qualified accordingly

The above elected officers have appeared and given bond & security accordingly to act of assembly

Ordered by the court that Joseph Elledge be appointed overseer of the road from Waryer Creek to Beaver Creek and all the hand convenient to work thereon

Court adjourned till court in course.  Benjamin Cleveland, Benj Herndon, Elijah Isaacs, Joseph Herndon, John Brown, Chs Gordon, Thos Elledge, James Fletcher, George Morris, John Greer, Wm. Colvard, Wm. Lewis

June Term 1778

At a county court of peace and sessions begun and held for the county of Wilkes at the bent of the Yadken in the said county on the first Monday being the first day of June in the year of our Lord Christ one thousand seven hundred and seventy eight

Present:  Benjamin Cleveland, John Brown, John Greer, Thomas Elledge, esqrs

Court adjourned till tomorrow morning 8 o’clock at the Mulberry Field Meeting House

Tuesday 2nd day of June 1778 court met at the Mulberry Field Meeting House according to adjournment

Present:  Benjamin Cleveland, Charles Gordon, John Brown & Joseph Herndon, esqrs

A commission from his excellency the governor was exhibited nominating and appointing John Barton, John Witherspoon, Andrew Baker, James Tomkins, Micajah Beneton, Abner Smalley, esqrs justices of the peace for the said county investing them with all and singularly...

John Barter, John Witherspoon & Micajah Beneton appeared and took the oath of allegiance and also the oath of a justice and took their seats accordingly

George Parke being charged of begetting a female bastard child on a certain Jane Rainey, the said George Parke came into open court in persuance of a recog (taken by William Lewis and John Parke, esqrs) and produced Benjamin Cleveland and Samuel Bickard securities for the maintenance of the said child and to indemnify the county of Wilks who being approved of by the court were bound on a bond of one hundred pounds agreeable to act of assembly in that case & e

The court proceeded to choose a sheriff and Richard Allen was unanimously chosen accordingly

Charles Gordon, esqr returned the following entry of land made by Benjamin Herndon entry claim agreeable to act of assembly & e which is ordered to be inserted to wit:  March 12, 1778 this day came Benjamin Herndon land entry taken for the county of Wilks before Charles Gordon, one of the justices of the peace for said county and entered agreeable to act of assembly in the case & e 500 acres of land lying in sd county on the south side of the Yadkin River beginning at two marked red oaks...

Court adjourned for one hour

Court met according to adjournment

Present:  Benjamin Cleveland, Joseph Herndon, William Lewis, Esqrs

Phill Russell appeared according to his recognizance and was ordered into the sheriff's custody

On motion ordered that Joseph Cartright be bound as an apprentice to Roland Judd

Court adjourned till tomorrow 8 o’clock

June Court met according to adj

Present:  Benjamin Cleveland, Joseph Herndon & Elijah Isaacs, esqrs

Ordered that John Kees Snr. be appointed overseer of the road leading from the main road near Henry Tilley up the Yadkin to Tucker's ford and all the hands convenient work thereon

Ordered that Joel Dyer be appointed overseer of the road leading from Tucker's Fourd to the Warer Gap and all the hands convenient work thereon

Ordered that Spencer Humphris be appointed overseer of the road from the court house to Farker Creek and all the hands convenient work thereon

Ordered that the following persons be appointed constables and that they qualify according to law to wit:  Henry Tilly, John Tyrah, Benajah Penington.  Henry Tilly and Benjah Penington appeared and took the oath of allegiance and the oath of office

The court proceeded to the appointment of constables to summon the taxable persons  and the justices to take a list of the same and also assessors for each district return the following persons now appointed to wit: 

For Capt Robins District:  John Brown, esqr, John Tyrah constable, Rowland Judd, John Robins Jur. & Hillry Ruseu assessors

Capt Dyer's District:  John Barton esqr, Henry Lewis const, James Dyer, William Wilburn, Archibald Allen assr

Capt Coffee's District:  John Witherspoon esqr, Henry Tilley cons, John ?, Thomas Witherspoon, Henry Tilley assessors

Capt Foster's District:  Thomas Elledge esqr, Isaac Elledge cons, Edward Boon, Robert Sanders, John Fargison assrs

Capt Hardgrave's District:  John Greer esqr, Benjamin Greer cons, Francis Hardgrave, George Boon, Thomas ?son assrs

Capt Lenoir's District:  Joseph Herndon esqr, Joseph Pourter cons, Francis Reynolds, Jesse Alexander & John Crane assers

Capt Allen's District:  William Lewis esqr, James Bunyars cons, William Gambill, Gariel Loven, Richard Hankins assrs

Capt Herndon's District:  Benjamin Herndon esqr, Thomas Bicknal cons, John Doyle, Alexander Gordon, Elijah Clay assrs

One part of Capt Baker's District:  William Colvard esqr, William Ray constable, Daniel Richerson, Andrew Baker Jr., William Ray assrs

2nd part of Capt Baker's District:  Micajah Pennington esqr, Benajah Pennington cons, Bevely Watkins, James Ward, Abel Penington assrs

Ordered that Col Charles Gordon be authorized and impowered to build a grist mill on Reddies River on his own land

Ordered by the court that William McClain be authorized to build a grist mill on the Falls of Bugabo Creek

Ordered that George Gordon be appointed overseer of the new markt road from the Yadkin River to where Lewis's Fork road turns off from sd road and all the tithables convenient work thereon

Ordered that Thomas Parkes be appointed overseer of the road from Gray's Creek to the Brushey Mountain road and all the hands convenient work thereon

Ordered that William Lovern be appointed overseer of the road from ?ps Creek to the county line and all the hands convenient work thereon

Ordered by the court that John Greer snr, Francis Hardgrave, Abraham Demoss, Aquila Greer, Benjamin Greer, Isaac Low and Aquila Low, Benjamin Elledge, William Tribble, William Low, Joses Poor, George Boon, Thomas Elliott, Joshua Greer, Thomas Elledge Jur & Isaac Walker or any twelve of them be a jury to lay out a road the best and most convenient way from the courthouse in said county to the Rich Cove in the Brushey Mountain and make report to the next court

Abner Smalley esqr appeared and was qualified as a justice of the peace by taking the oath of allegiance and also the oath of office and took his seat accordingly

Ordered by the court that a dedimea roteslatem issue to John Barton esqr to take the deposition of John Frasher in behalf of Elijah Isaac on a caveat against and entry of land made by William Wilburn now depending in this court

The commissioners appointed by act of assembly to profix and appoint a place for erecting the court house & e in the county of Wilkes appeared and made the following return to wit: 

North Carolina, Wilkes County:  We the commissioners appointed by act of assembly to lay out and appoint a proper place in the county of Wilkes whereon to erect the court house, prison, pillory and stocks of the said county, having met and maturely considered the same do adjudge and appoint the place where the Mulberry Field Meeting House stands, to be most central suitable and proper whereon to erect the publick buildings aforesaid, given under out hands this 3 day of June 1778 (signed on next page):  John Parke, John Barton, George Gordon, Francis Hardgrave, Rowland Judd, George Morris, John Witherspoon

Court adjourned till 5 o’clock

Court met according to adjournment

Present:  Benjamin Cleveland, John Brown, William Lewis, Esqrs

Ordered by the court that Rowland Judd, John Robins Jur., John Tyrah, William Owen Jur., John Shepperd, Nathaniel Judd, Barnet Owen, John Baker, Matthew Sparks, Andrew Baker Jur., Thomas Calloway, Robert Baker, Zachariah Wells, Abel Penington, James Ward and James Lewis or any 12 of them be a jury to lay out a road the best and most convenient way from the Deep Fourd on Reddies River to Benajah Penington's mill and make report thereof to the next court

Ordered by the court that license be granted John Dyer to keep a tavern at his now dwelling house, who produced John Greer and George Elmore as securities, approved of by the court

William Sturdie deputy surveyor appeared in open court and qualified according to law

Court adjourned till tomorrow 8 o’clock

Thursday 4 June court met according to adjournment

Ordered by the court that the respective justices appointed in each district to receive an acct of all taxable estates, administer the oath of allegiance to the state to all make persons above the age of sixteen years

Ordered that John Turnball be appointed overseer of the road from Fisher's Creek to Harrnee Lycan's, all the hands convenient work thereon

Ordered that Cornelius Sail be appointed overseer of the road from Harrnee Lycan's to the county line and all the hands convenient work thereon

Ordered by the court that the following persons be summoned as jurors to attend the next county court of pleas and quarter session to be held for the county of Wilkes at the court house in this county the first Monday in September next to wit:  Francis Reynolds, Thomas Johnson, Jacob Nichols, George Gordon, John Shepperd, Rowland Judd, William Gambill, Hugh Smith, John Smother, James Brown, Alexander Gordon, Nathaniel Vannoye, William Nall, Reubin Stringer, John Howard, John Kees snr., Ambrose Crane, Moses Greer, Gabreel Loven, Jesse Alexander, Joseph ?Wilson, William ?bble, John ?Bosit, Aquila Greer, Thomas Jones, Francis Hardgrave, Moses ?Coor, Edward Boon, William Low, George Boon, Ja? Mit?, Thomas Pa?, Benjamin Parke?, & William ?

Ordered by the court that George Wheatley, Edmund Be?oy, Jeffrey Johnson, Francis Vannoye, Jonathan Stamper Jnr., William Johnson, Thomas Stubblefield, Francis Reynolds, James Reynolds, Moses Toliver, David Hickerson, Daniel Vannoye, Nathaniel Vannoye, Charles Burne, Andrew Vannoye, Joseph Pourter, Joseph Tanner or any twelve of them be a jury to lay out a road from the end of the road at Roaring River the best and most convenient way to the court house in said county and make report to the next court

Ordered by the court that a dedemus potestatem issue to Matthew Troy & James Smith, esqrs in Rowan County to take the deposition of Vallentine Beefle in behalf of Hugh Mongomery in a caveat against an entry of land made by John Doyle now depending in this court

Ordered by the court that a dedemus potestatem issue to Matthew Troy & James Smith, esqrs in Rowan County to take the deposition of John Howard Snr., Capt John Johnson in behalf of Francis Reynolds against Ordered by the court that a dedemus potestatem issue to Matthew Troy & James Smith, esqrs in Rowan County to take the deposition of a caveat of land made by John Simpson now in depending in this court

Ordered by the court that a dedemus potestatem issue to Charles Roberson & James Stewart esqrs in Washington County to take the deposition of Capt Zachariah Isbel, Humphry Gibson & Samuel Williams in behalf of John Brown on a caveat of land entered by Ruth Barton now depending in this court

Ordered by the court that the sheriff summons a jury of good and lawful men unconnected by affinity or consequently with the contending parties to try each of the disputed claims now depending in this court, and having given the parties ten days previous notice shall go with the said jury on the premises and the jury being sworn to do equal right between the parties to cause the witnesses on both sides to be examined and the allegation of the parties to be made before said jury and to receive the verdict of said jury and return the same together with the pannel to the next county court. 

Benj Cleveland, Joseph Herndon

September Term 1778

At a county court of pleas and quarter sessions bequest and held for the county of Wilkes at the courthouse in Wilkes on the first Monday being the seventh day of September in the year of our Lord Christ one thousand seven hundred and seventy eight

Present:  Benjamin Cleveland, Charles Gordon, William T. Lewis, Esqrs

Andrew Baker, esqr came into open court and qualified as a justice of the peace by taking the oath of allegiance & also the oath of office

On the motion of Mr. Dunn ordered by the court that letters of administration be granted to Winifred Alexander, widow of August Alexander deceased, and offered for security Benjamin Cleveland and Jesse Alexander in the sum of five hundred pounds, she having first appeared in open court and qualified according to law

Benjamin Booth Boot came into open court and qualified as an attorney by taking the oath of allegiance and also the oath of office

Ordered that Francis Reynolds be appointed overseer of the new marked road from the courthouse to Francis Reynolds ridge road and all the hands convenient work thereon

Ordered that Francis Vannoye be appointed overseer of the new marked road from Francis Reynolds ridge road to Roaring River and all the hands convenient work thereon

Ordered that George Wheatley be appointed overseer of the road from Roaring River to Little Bugabo Creek and all the hands convenient work thereon

Ordered that William Carrel be appointed overseer of the road from Little Bugabo to the county line and all the hands convenient work thereon

The following persons voluntarily came into open court took and subscribed the oath of allegiance to this state, to wit:  Mordica Fuller, William Wilson, Luke Fields, Joseph Taylor, Francis Hill, Mamyard Gillum, Jacob Standley, James M. Lewis

Thomas Paynes came into open court and qualified as deputy surveyor by taking the oath of allegiance and also the oath of office

Ordered that Roland Judd be appointed overseer of the new marked road from the Deep Fourd on Reddies River to the top of the Blue Ridge and all the hands convenient work thereon

Ordered that Matthew Sparks Snr. be appointed overseer of the new marked road from the top of the Blue Ridge to the fourd on the south fork of New River and all the hands convenient work thereon

Ordered that James Lewis be appointed overseer of the new marked road from the south fork of New River to Penninton's mill and all the hands convenient work thereon

John Turnball records his marks and brands as follows viz:  a crop in the left and a half penny under both ear, his brand IT...

?ooly Watkins records his marks and brand thus:  his mark two slits in each ear, his brand B on the near side of the jaw and shoulder

Zachariah Wells records his marks and brand thus, his mark a crop and an under keel in the right and a crop and overkill in the left, his brand W. on the near shoulder

Court adourns till tomorrow 8 o’clock.

On Tuesday the 8th Sept court met according to adj

Present:  Benjamin Cleveland, Thomas Elledge, John Barton & Abner Smalley, Esqrs

Micajah Pennington records his marks and brands thus, his mark a crop and an overkill in the left, his brand MP

The grand jury impannelled and sworn as follows to wit: 

1. Alexander Gordon, foreman

2. Jesse Alexander

3. Thomas Johnson

4. Jacob Nickols

5. George Gordon

6. John Shepperd

7. Rowland Judd

8. Moses Guest

9. William Gambill

10. John Smother

11. Hugh Smith

12. James Brown

13. Nathaniel Vannoye

14. John Hays snr.

15. John Howard

Ordered by the court that Benjamin Herndon, Charles Gordon, John Brown, John Barton and Andrew Baker, Esqrs form a committee to examine the assessors returns and to assess the assessors taxable property & e

Ordered by the court Francis Vannoye be authorized to build a grist mill at the Big Falls of Rock Creek

Ordered by the court that Mr. Benjamin Boothe Boot be appointed states attorney for the county of Wilkes for this year

Benjamin Clevland vs William T. Lewis, caveat:  General virdict for said Clevland, vi de verdict.  Upon hearing the allegations alledged by William T. Lewis by his council Mr. John Dun against the legality of the above verdict & just it is ordered by this court that the said verdict be confirmed and that a copy of the same be delivered to the said Benjamin Clevland who upon performing the requisites of an act of assembly in such case made shall and is hereby ordered to obtain a certificate and order of survey from the entry taker of sd county for the land and premises aforesaid, agreeable to the directions of the said act, whereupon an appeal was prayed by the said William T. Lewis, by his said council to the Superior Court of this district, and produced security for the same, which prayer was rejected by said court being in their opinion repugnant to and against the meaning and spirit of the said act

Court adjourned till tomorrow morning 8 o’clock

On Wednesday Sept 9th court met according to adjournment

Present:  Benjamin Cleveland, John Witherspoon, George Morris, Esqrs

Abel Penington records his marks & brand thus, his mark a crop in the left ear and a swallow fork in the right.  His brand AP

Ordered by the court that all persons now in the Continental Service be exempt from paying the poll tax for the year A.D. 1778

Return of the proceedings of the commissioners who were appointed to run the dividing line between the county of Surry & Wilkes (to wit):  Beginning on Rowan County line about half a mile below Daniel Raske's at a white oak standing in the head of a branch of Hunting Creek, thence north crossing the Mulberry Field Road about half a mile below Hamlin's old store house thence through Solomon Sparks's plantation leaving the said Sparks house in Surry County thence crossing the Brushey Mountains at the head of the North Fork of Swan Creek thence crossing the Yadkin River a little below Capt Parker & through the lower end of Carrok's plantation on the north side of sd river, thence crossing the Big Elkin at the long sholes, thence crossing the South Fork of Mitchel's River a little below John Scott's crossing the top of the Piney Knob to the main ridge of mountains about two miles next of Fisher's Peak thence to the Virginia line, the above line being run exactly twenty six miles west of Surry Courthouse agreeable to act of assembly by commissioners:  Robt Lanier, Henry Speer, Joseph Herndon

Ordered that Spencer Humphrie have license to keep ordinary for one year at his now dwelling house near this court house, securities produced and approved of William McClain & John Doyle (bond filed)

A deed of conveyance from John Payne to Joseph Herndon was produced and proved by the oath of Samuel Right and ordered to be registered

On motion of Mr. Dunn for a reexamination of witnesses on behalf of John Dyer who was bound over on suspicion of being guilty of some misdemeanor against this state to appear at the next Superior Court for the district of Salisbury, and such charge not being sufficiently supported it is ordered he and his securitys be discharged from said recognizance, together with the witnesses who were bound over to prosecute him on that charge

Court adjourned till 3 o’clock

Court met according to adjournment

Present:  John Witherspoon, John Greer, Abner Smalley, Esqrs

Samuel Bicknell vs William T. Lewis, caveat (general verdict) for Bicknal vide verdict.  Upon hearing the allegations alledged by William Terrel Lewis by his council Mr. John Dunn against the legality of the above verdict and jury, it is ordered by this court that the said virdict be confirmed and that a copy of the same be delivered to the said Samuel Bicknall who upon performing the requisites of an act of assembly in such case made, shall and is hereby ordered to obtain a certificate and order of survey from the entry taker of said county for the land and premises aborsd agreeable to the directions of the said act, whereupon an appeal was prayed by the said William T. Lewis by his council to the superior court of this district and produced security for the same which prayer was rejected by the said court being in their opinion repugnant and against the meaning and spirit of the said act

Court adjourned till tomorrow 8 o’clock

On Tuesday the 10th day of Sept court met according to adjournment

Present:  Benj Clevland, James Fletcher, Abner Smalley, Esqrs

Joseph Herndon esqr is appointed by the court a trustee for the county of Wilkes for one year who produced Benjamin Clevland & John Brown esqr securities who being approved of by the court were bound in the sum of L2000

Ordered by the court that license be granted to Philip Jacob Cristy to keep an ordinary at his now dwelling house, who produced Abner Smalley and Thomas Elledge esqrs securitys who being approved of by the court (license issued accordingly)

Ordered by the court that the following return be entered to wit:  5 June 1778 this day came Benjamin Herndon, esqr entry taker for the county of Wilkes before Charles Gordon one of the justices of the peace for said county and enters agreeable to act of assembly in such case made & e five hundred acres of land lying in said county on the head waters of Byer Creek called the Cove, running north thence east to the foot of a mountain, thence along under the foot of said mountain that makes round the cove to the beginning containing the said cove for compliment

Benjamin Elledge came into open court and qualified as deputy surveyor for the county of Wilkes taking the oath of allegiance and also the oath of office

Ordered that where no objection is entered against any of the general verdicts, that a certificate and order of survey issue according to such verdicts

Court adjourned till tomorrow 8 o’clock

On Friday 11th Sept court met according to adjmt

Present:  Benjamin Clevland, Abner Smalley & John Barton, Esqrs

Ordered by the court that Abner Smalley and Hugh Montgomery be appointed jurymen for the county Wilkes to attend the superior court for the district of Salisberey

July 26th 1778 this day came Benjamin Herndon esqr entry taker for the county of Wilkes, before me Benj Cleveland one of the justices of the peace for said county and enters agreeable to act of assembly... three hundred and twenty acres land in sd county lying on both sides of Wright's Creek including the improvement made by William Right below the main road that leads by Lycan's for complt.  Benj Clevland

Ordered that John Dyer be appointed overseer of the road instead of Isaac Low and the same hands continued

Ordered that Jacob Nichols be appointed overseer of the road instead of John Smother and the same hands be continued

Col Charles Gordon came into open court and qualified a coroner for the county of Wilkes

Ordered by the court that William Adams, George Elmore, James Roberts, William Roberts, Reubin Stringer, Timothy Purkins, William Sperry, Joseph Couch, Thomas Calloway snr., Samuel McQueen, Benjamin Taylor, Thomas Elmore, John Sherley, Robert Wartus, Joseph Purkins, William Adams jur. or any twelve of them be a jury to lay out a road the best and most convenient way from the fork of Reddies River Road to the old fields on New River

The assessors for the different district came in into open court and made due return of their assessments.  Approved of by the court and ordered to be filed

Court adjourned for half an hour

Court met according to adjournment

Present:  Benjamin Clevland, John Brown & Andrew Baker, esqrs

Ordered by the court that William Low be appointed overseer of the road instead of John Greer esqr and the same hands be continued to work thereon

Ordered by the court that the clerk issue warrant of survey to Benjamin Herndon entry taker of sd county for 50 acres of land entered the 4th March last and likewise for 500 acres of land entered the 5th June 1778 w? ? for locations

?William McClain came into open court and qualified as deputy sheriff for the county of Wilkes, by taking the oath of allegiance and also the oath of office

Ordered by the court that the following account of claims be allowed to wit:

Joseph Herndon one of the surveyors commissioned to run the dividing line between the county Surry & the county of Wilkes 10 days @ 32/ pr day16.0.0

Henry Speer surveyor do do 10 days @ 32/ pr day16.0.0

Robert Lanier do do 5 days @ 32/ pr day8.0.0

William Loven chain carrier do 10 days @ 20/ do10.0.0

George Parker do 6 days @ 20/ pr day6.0.0

William Lenoir clerk of sd court for exofficio services done50.0.0

To said clerk for 2 bound blank books7.15.0

Rowland Judd assessor for A.D. 782.0.0

John Robins Jur. do2.0.0

Hilley Russel do2.0.0

James Dyer do2.0.0

William Wilburn do2.0.0

Archibald Allen do2.0.0

John Kees Jur. do2.0.0

Thomas Witherspoon do2.0.0

Henry Tilley do2.0.0

Edward Boon do2.0.0

Robert Sanders do2.0.0

John Fargison do2.0.0

Francis Hardgrave do2.0.0

George Boon do2.0.0

Thomas Wilson do2.0.0

Francis Reynolds do2.0.0

Jesse Alexander do2.0.0

John Crane do2.0.0

William Gambill do2.0.0

Gabriel Loven do2.0.0

Richard Hankins do2.0.0

John Doyle do2.0.0

Elijah Clay do2.0.0

Alexander Gordon do2.0.0

Daniel Richardson assessor2.0.0

Andrew Baker Jur. do2.0.0

William Ray do2.0.0

Bevoly Watkins do2.0.0

James Ward do2.0.0

Abel Pennington do2.0.0

Henry Tilley for summoning taxable persons2.0.0

John Tyrah const for do2.0.0

Henry Lewis const for do2.0.0

Isaac Elledge const for do2.0.0

Benjamin Greer do for do2.0.0

Joseph Pourter do for do2.0.0

James Bunyard do for do2.0.0

Thomas Bicknal do for do2.0.0

William Ray do for do2.0.0

Benajah Penington do for do2.0.0

Joseph Pourter for carrying James Crawford prisr to Salis.6.0.0

Ordered by the court that the following persons be appointed collectors for several districts to wit:

For Capt Lenoir's district, Jesse Alexander collector

For Capt Herndon's district, Thomas Bicknal do

For Capt Hardgrave's district, Benjamin Greer do

For Capt Allen's district, James Bunyard do

For Capt Robins's do, Rowland Judd do

For Capt Foster do, Isaac Elledge do

For Capt Coffee's do, James Martain do

For Capt Dyer's do, Moses Guest do

For the North Fork of New River district, Micajah Penington collector

For the South Fork of do district, Daniel Richardson do

Court adjourned till tomorrow 10 o’clock

On Saturday Sept 12th court met according to adjournment

Ordered by the court that the following persons be appointed to serve as jurors at next court and that the sheriff summon the same accordingly to wit:  Thomas Payne, William Hulin, George Wheatley, Morris Baker, Rubin Stringer, William Wilburn, Alexander Holton, James Tompkins, Aquila Low, George McKneel, Robert Chandler, George Foster, Robert Sanders, Francis Vannoye, Thomas Elliott, William Carrel, Samuel Bicknal, William Nall, Cornelius Sale, Samuel McQueen, Thomas Laxton, Laurance Ross, John Kees Jur., Isaac Low, Zachariah Walker, Francis Brown, Hillal Rusau, Stephen Souther, Joshua Greer, Charles Reynolds

Ordered by the court that the sheriff of sd county summons juries according to law, to try all the different caveats now depending in this court and make report thereof to next court, together with due return of the proceedings of the said juries

Ordered by the court that a tax of 1/10 be added to the tax of each hundred pounds of taxable property and likewise a tax of 1/10 to be added to the tax of each person in this county liable to pay a poll tax, for the purpose of paying for the publick buildings and other contingent charges of the county and the district of Salisberry

Ordered by the court that Aquila Greer be appointed overseer of the new marked road from the Rich Cove to the court house road and all the hands convenient work thereon

Richard Allen who was elected sheriff for this county last court appeared & entered into bond and security according to law.  Cha Gordon, John Brown, Thos Elledge, John Greer, James Fletcher

December Term 1778

At a county court of pleas and quarter sessions begun and held for the county of Wilkes, at the courthouse in Wilkes on the first Monday of December in the year of our Lord Christ one thousand seven hundred and seventy eight

Present:  Joseph Herndon, Micajah Pennington & James Fletcher, Esqrs

A deed of conveyance from John Payne to Joseph Herndon for 367 acres of land lying at the mouth of Mulberry Creek on the north side of the Yadkin was produced and proved be the oath of Moses Toliver and ordered to be registered, instead of the deed proved here last court which is deemed insufficient & ordered that sd first deed be returned

Court adjourned till tomorrow morning 8 o’clock

Court met according adjournment

Present:  Benj Cleveland, Elijah Isaacs & Jos Herndon, Esqrs

Ad Osborn & Spence Macay came into open court and qualified as attornies by taking the oath of allegiance & the oath of office

Ordered by the court that Spence Macay be appointed states attorney for this county for the present term

The grand jury impanelled and sworn as follows to wit: 

1. George Wheatley, foreman

2. Wm. Wilburn

3. Alexander Hollon

4. James Thompkins

5. Robert Chanler

6. Robert Sanders

7. Francis Vannoye

8. Thomas Elliott

9. Samuel Bicknell

10. Thomas Laxon

11. Isaac Low

12. Zachariah Walker

13. Francis Brown

14. Hillai Rusau

15. Stephen Souther

Ordered by the court that Laurance Ross be discharged from working on all publick roads in this county

On motion of B. B. Boote, Esqr for habias corpus to bring into court here Spencer Humphries together with the counsel of his commitment the sd Spencer Humphries appeared and the cause of his commitment made known to this court it is adjudged by the court that eh said Spencer Humphires had been taken by another warrant for the same cause with which he now stands charged & hath given sufficient security for his appearance at the next superior court of law for the district of Salisbury to answer then and there the said charge therefore this court are of opinion that sd Spencer Humphries be discharged from sd commitment and stand bound in the above recognizance

A deed of disclaimer of land from Spencer Humphries to Hugh Montgomery was produced and proved by the oath of Benj Booth Boote and ordered to be registered

Winifred Alexander returned an inventory of the estate of August Alexander decd, whereupon an order of sale for the ?chable part of sd estate was ?ayed which was granted by the court

Ordered by the court that license be granted to Jonathan Stamper ?Jnr to keep an ordinary at his now dwelling place, his securities Benj Cleveland & Richard ?...

The last will and testament of John Weatherspoon, esqr decd was proved by the oath of John Roberson a subscribing witness thereto whereupon letters testamentory was ordered to issue to Thomas Weatherspoon and David Weatherspoon exurs nominated and appointed in said will.  Clks fee pd

Court adjourned till tomorrow 8 o’clock

Court met according to adjournment

Present:  Benjamin Cleveland, Elijah Isaacs & John Greer, Esqrs

Ordered by the court that Hannah Cartright orphan daughter of Joseph Cartright decd be bound to James Gray & e

A deed of conveyance from Hugh Montgomery to Spencer Humphries was produced and proved by the oath of Benj Booth Boote and ordered to be registered

On motion of Alexr Martain esqr ordered that Rosanna Roberts who has been unjustly taxed fourfold be remitted from paying the said tax and the collector for the said district is hereby directed to collect only one fourth part of the said tax

Ordered by the court that Samuel Jacaway and John Jacaway orphans of Samuel Jacaway decd be bound to Isaac Low to learn the occupation of a farmer

Court adjourd till tomorrow 8 o’clock

Thursday 10th Decr 1778

Court met according to adjournment

Present:  Benjamin Cleveland, Charles Gordon & Elijah Isaacs, Esqrs

Ordered that all the hands in Capt Baker's company below Benjamin Taylor's work on the road under Matthew Sparks overseer

Ordered by the court that Bailey Chanler be admitted to turn the publick road where it crosses Fisher Creek, provided he make the road as good as the old road now is

Ordered by the court that James Thompkins be appointed overseer of the new marked road from Reddie River Road to the top of the Blue Ridge and all the hands convenient work thereon

Ordered by the court that Reubin Stringer be appointed overseer of the new marked road form the top of the Blue Ridge to the old field on New River and all the hands convenient work thereon

Court adjourned till tomorrow 8 o’clock

Court met according to adjournment

Present:  Benjamin Cleveland, Charles Gordon, James Fletcher, Esqrs

Ordered by the court that William Gray be appointed overseer of the road from Gray's Creek to the fork of the roads at the new meeting house and that he turn the same the best and most convenient way by where Edward Crosmon lives and all the hands convenient work thereon

Court adjourned for half an hour

Court met according to adjournment

Present:  Benjamin Cleveland, Benjamin Herndon, James Fletcher, Esqrs

On motion of Richard Allen, Esqr sheriff of said county ordered by the court that as there is no goal [jail] in sd county the sheriff afsd shall not be accounted liable for any escape

Ordered by the court that the liqurs & e in sd county be rated as follows to wit:

Wine, Jemacia West India Rum pr gallon6.8.0

French or continet rum pr do4.16.0

Brandy per do4.16.0

Whiskey per do3.4.0

Molt beer pr do0.4.0

Warm breakfast0.4.0

Warm boild r rost meat & e pr diot0.6.0

For good warm lodging0.1.6

For corn or oate pr quart0.0.9

For good bundles of fodder0.0.6

Do pasturage for stableage pr 24 hours0.0.6

Ordered by the court that the sheriff summons the following persons to stand next court as jurors to wit:  William Carrel, Benjamin Morgan, William Jarrel, Edmund Denney, Edmund Kerby, James Harvil, Francis Reynolds, Charles Adams, Barnet Owen, Robert Sheppard, Thilsby Trible, Joseph Welson, Benj Brown, Charles Walker, Moses Poore, Francis Hardgrave, George Gordon, William Jackson, John Salter, Matthew Sparkes, John Baker, Gedeon Lewis, Joseph McCorkle, Moses Guest, Thomas Fargerson, James Dyure, Thomas Lewis, Joel Coffee, John Kees ?Snr., Edmund Tilley

Ordered by the court that serefacias issue against Morris Baker, George McNeel, George Foster, Thomas Payne, John Kees Jnr. and William Nall to shew cause to next court whey they did not stand this court as jurors

An accoumpts of the amount of the several estates in this county of one hundred pounds and upwards to wit:  L203480:17.1

The number of poll taxes 337

Total amount of the publick taxes & eL2193.4.4 1/2

County and district do216.19.7

County tax177.10.6 3/4

District do39.9.0 1/4

Ordered by the court that the sheriff summons a jury according to law to try all the different caveats depending in this court

Ordered by the that Hillai Rusau pay the tax of L1500, also for on his 3 negroes who were remitted on his list ?... which was likewise omitted in his list returned by the clerk of sd to the collectors for want of the same being assessed in due time by the committee appointed for that purpose and that the respective collector collect the same and account for it with the county treasurer & county trustee as the other taxes by them to be collected

Court adjourned till court in course.  Charles Gordon, Joseph Herndon, James Fletcher

March Term 1779

At a county court of pleas and quarter sessions begun and held for the county of Wilkes at the court house in Wilkes on the first Monday being the first day of March in the year of our Lord Christ one thousand seven hundred and seventy nine

Present:  Benjamin Cleveland, Elijah Isaacs, John Parke & James Fletcher, Esqrs

The last will and testament of William Malory decd was produced and proved by the oath of Martin Devenport and William Gambill subscribing witnesses thereto and it appearing to said court that Roger Malory, Nathan Malory, Henry Baker and David Baker are nominated and appointed executors of the same.  Mr. David Baker appeared and qualified as Ex accordingly, on motion of Mr. Martin AH ordered by the court that letter testamentory issue for said David Baker accordingly

An inventory of the estate of William Malory decd was exhibited by David Baker the exr above mentioned and ord to be filed in the clerks office

A commission from his excellency the governor & e nominating and appointing Larkin Cleveland and Rowland Judd justices of the peace for sd county was produced and said Larkin Cleveland and Rowland Judd, esqrs appeared and qualified accordingly

Ordered by the court that Moses Poor? son of Elijah Poor be bound an apprentice ?...

Court adjourned till tomorrow morning 8 o’clock

On Tuesday 2nd March court met according to adjournment

Present:  Benjamin Cleveland, Joseph Herndon & John Parks, Esqrs

An account of sale of the estate of August Alexander decd was returned by the sheriff amounting to the sum of three hundred & eighty eight pounds thirteen shillings.  ? take L378.3.9

On the petition of Robert Jones ordered by the court that it be recommended to the General Assembly to exempt said Jones from paying any publick taxes

The grand jury impaneled and sworn as follows:

1. Francis Reynolds, foreman

2. William Carrell

3. Benjamin Morgan

4. Edmund Denney

5. Benjamin Brown

6. Barnet Owen

7. Charles Walker

8. Moses Poor

9. George Gordon

10. John Sater

11. John Baker

12. James Dyer

13. William Jackson

An inventory of the estate of John Witherspoon decd was returned by Thomas Witherspoon and David Witherspoon & ordered to be recorded

A deed of bargain and sale from Christian Fredric Cossart executed by his attorney John Michael Graft to Hugh Montgomery for three thousand eight hundred & forty acres of land in Wilkes County dated the 23rd July 1778 was proved by the oath of Daniel Little one of the subscribing witnesses thereto

A deed of bargain and sale from Christian Frederic Cossart executed by his attorney John Michael Graft to Hugh Montgomery for four thousand nine hundred & thirty three acres of land in Wilkes County dated the twenty third day of July 1778 was proved by the oath of Daniel Little one of the subscribing witnesses thereto

A deed of separation between Spencer Humphery & wife and Hugh Montgomery dated the tenth day of June AD. 1778 was proved by the oath of Benjamin Boothe Boote and ordered to be registered

A declaration of Elizabeth Hern alias Humphery dated the twenty fourth day of November A.D. 1778 was proved by the oath of Benjamin Boothe Boote & ordered to be registered

Ordered by the court that Abraham Cook have license to keep an ordinary at his now dwelling house who produced Mr. Samuel Wright for security, approved of by the court

Court adjourned till tomorrow 9 o’clock

On Wednesday the 3rd March court met according to adjournment

Present:  Charles Gordon, John Greer & Rowland Judd, Esqrs

Ordered by the court that John Laws Snr & Cornelius Sale be appointed constables instead of Benjamin Greer and Thomas Bicknal who resigns their office as constables, said John Laws appeared and qualified accordingly

Court adjourned till tomorrow 9 o’clock

Thursday 4th March court met according to adjournment

Present:  Joseph Herndon, Thos Elledge and Rowland Judd, Esqrs

Ordered by the court that Joseph Herndon, Thomas Elledge and John Parke, Esqrs be appointed a committee to take into consideration what insolvants ought to be allowed in the collectors return & e

A bill of sale from Elizabeth Hopkins to Saml Simpson for sundry goods and chattles was produced & duly proved by the oath of Benjamin Cleveland, Esqr and ordered to be recorded

The State vs John Robins, Indt trespass.  jury impannelled and sworn as follows:  Thomas Lewis, Aquila Low, John Heel Jnr., George Elmore, William Nall, Joiler Pamely, Benjamin Howard, John Howard, Timothy Purkins, John Greer Jur., Jeffrey Johnson, Archeline Walker who do find the defendant not guilty

Charles Gordon esqr made the following return of entries of land made by Benjamin Herndon, esqr entry taker of sd county to wit:  2nd January 1779 this day came Benj Herndon entry taker for the county of Wilkes before Charles Gordon justice of the peace for said county and enters agreeable to act of assembly in such cases viz three hundred acres land in said county lying on the Brushey Mountain beginning on Benjamin Herndon’s other entry and running west then south including some of the waters of Hunting Creek for complt.  Entered before Charles Gordon. 

2nd January 1779 this day came Benj Herndon entry taker for the county of Wilkes before Charles Gordon justice of the peace for said county and enters agreeable to act of assembly in such cases viz two hundred acres land in said county lying on the head waters of Saml Wright Creek and both sides of the main road that leads through the gap of the Brushey Mountains begin on Hans Larkin's line and running down the sd road on both sides including part of a mountain for compolt.  Entered before Charles Gordon

2nd January 1779 this day came Benj Herndon entry taker for the county of Wilkes before Charles Gordon justice of the peace for said county and enters agreeable to act of assembly in such cases viz six hundred acres land in said county lying on Dog Creek and Fighting Creek of New River beginning near the Rattle Snake Den on Dog Creek including the two old cabbins that Wm. Howard built on the waters of Fighting Creek for complt.  Entered before Charles Gordon

2nd January 1779 this day came Benjamin Herndon entry taker for the county of Wilkes before Charles Gordon justice of the peace for said county and enters agreeable to act of assembly in such cases viz three hundred acres land in said county lying on New River below the three forks beginning at the lower end of Cleveland's entry that begins at the Horse ford then down the said river for complt.  Entered before Charles Gordon

2nd January 1779 this day came Benjamin Herndon entry for the county of Wilkes before Charles Gordon justice of the peace for said county and enters agreeable to act of assembly in such cases viz three hundred and twenty acres land in said county lying on the top of the Brushey Mountain beginning above the impt & running down the Brushey Mountain including the improvt bought of Cornelius Sail where William Ryston lives for complt

Court adjourned till tomorrow 8 o’clock

Friday 5th March court met according to adjournment

Present:  Benjamin Cleveland, Joseph Herndon & Charles Gordon, esqrs

Ordered by the court that Benjamin Brown be appointed overseer of the road that leads from Waryer Creek to Beaver Creek instead of Joseph Elledge and all the hands convenient work thereon

Ordered by the court that Closs Thompson be appointed overseer of the new marked road from the Reddies River Road to the top of the Blue Ridge and all the hands convenient work thereon

Ordered by the court that Mr. Edward Firich & John Barton esqrs be appointed inspectors to superintend the ensuing election

Ordered by the court the sheriff summon Charles Gordon and Joseph Herndon esqrs as veniremen to attend the superior court at Salberry the 15th instant

Ordered by the court that the return of the committee appointed to take into consideration what insolvants ought to be allowed in the collectors return & e be entered as follows to wit: 

By Benjamin Greer collector for Capt Hardgrave's district 2 insolvents viz:  Jacob Philip Christy tax L1.10.5, Benjamin Donathan do 18/6 L2.8.11. 

Do Thomas Bicknal collector for Capt Herndon's district 4 insolvants:  Burwell Baker tax 18/6, Sarah McGlammery do L4.4.6, Marke Whitaker do 18/6, Matthew Sparks Jur L 3.4.9, L9.6.3.

Do Isaac Elledge collector for Capt Foster's district 2 insolvents:  Jesse Gullit 18/6, Thomas Forgerson L6.19.6, L7.18.0.

Do Rowland Judd collector for Capt Robins district 1 insolvant:  Nathaniel Banks L3.5.8, L3.5.8.

Do James Martin collector for Capt Coffee's district 7 insolvants:  James Boyd tax 18/6, William Con do 18/6, Wm. Forgerson do L1.2.0, Robert Heabands 18/6, James Murphy 18/6, John Oliver 18/6, Christopher Windson not assessed, L5.14.6

Do Micajah Penington collect of Capt Penington's district 3 insolvants viz:  Bartholomew Woollomer tax 18/6, Jeremiah Harrison do 18/6, George Payne do 18/6, L2.16.6

Do Daniel Richardson collector of Capt Baker's district 5 insolvants viz:  Julius Bunch tax 18/6, James Cook do 18/6, Philip Russel do 18/6, Michael French do