Russell Co. VA  Court Records  Nov. 01, 1814

Book  5 Page 160

At a Court of quarterly session continued and hold for Russell Co. VA

Present:  James Dickerson, Harry Smith, Francis Browning, James Moss, and Samuel Gibson,  Gents.

An Indenture of Bargain and Sale from Benjamin Sharp, James Fulkerson, John Fulkerson, Isaac Fulkerson, Polly Fulkerson, Caty Hanby,  Thomas Fulkerson and Abraham Fulkerson to Frederick Fulkerson certified to have been proved in the county Court of Washington  was produced in Court,  and ordered to be recorded.

 Charles Bays  vs.  George McCoy  Attachment--------Continued Ordered that James Gibson, James Moss, and William Kilgore be appointed to assign to Madison Hill, Williamson Carter, Thomas Landrith, Robert Gibson and Samuel Clarke surveyors of roads such tithables to work under them as they shall think the respective precinct requires.

Ordered that Garland Hurt be appointed  surveyor of the road from the fork of the road at John Stinsons to the ford of Clinch  near at David Blacks, in the room of the said Black & that James Waller, gent. furnish him with a list of tithables.  A list of tithables  assigned by William Nash to John Thompson was for surveyor of a road was presented in & approved by the Court.

The Commonwealth  vs.  Samuel Miller      Two presentments for profane swearing           The defendant being proved guilty of profane swearing  two oaths in each case.  It is considered by the Court that the defendant be fined $1.66 for each offense and pay the cost upon the said present & expended.

Page 168

Russell County  Nov. 1st, 1814
This Indenture of Bargain and Sale from Samuel Ewing to David Osborne being certified to have been acknowledged before Samuel Ritchie and John Tate, Magistrates of the said County; is admitted to record pursuant to laws.  Teste:  James P. Carrel

This Indenture made the 11th day of Oct. in the year of our Lord, one thousand eight hundred fourteen, (1814)  between Peter Fulkerson, Benjamin Sharp, James Fulkerson, John Fulkerson, Isaac Fulkerson, Polly Fulkerson, Caty Hanby,  Thomas Fulkerson and Abraham Fulkerson of one part  and  Frederick Fulkerson of the other part being heirs of James Fulkerson, decd.  Witnesseth that the said Peter Fulkerson, Benjamin Sharp, James Fulkerson, John Fulkerson, Isaac Fulkerson, Polly Fulkerson, Caty Hanby,  Thomas Fulkerson and Abraham Fulkerson  in consideration of the sum of five hundred dollars lawful money of the Commonwealth to them in hand paid by the said Frederick Fulkerson at or before the ensealing and delivery of the presents of receipt where of in hereby acknowledged have bargained and sold & by these presents do bargain and sell unto the said Frederick Fulkerson, his heirs & assigns a certain tract or parcel of land with all its appurtenances ? containing one hundred & twenty acres by granting bearing date the 16th day of Aug. 1792 lying and being in the county of Russell formerly Washington County so the waters  (continued next page)

Page 169

of copper creek known by the Big Glade and  bounded as followeth to wit: (I have omitted the full description of boundaries, but no names.)    To have and to hold the said one hundred twenty acres of land with all its appurtenances ? to the said Frederick Fulkerson and his heirs to the sole use & behoove of him the said Frederick Fulkerson and his heirs  forever.  And the said Peter Fulkerson, Benjamin Sharp, James Fulkerson, John Fulkerson, Isaac Fulkerson, Polly Fulkerson, Caty Hanby,  Thomas Fulkerson and Abraham Fulkerson  and their heirs doth covenant with the said Frederick Fulkerson and his heirs  that they said Peter Fulkerson, etc & their heirs the said land with all its appurtenances ?  unto Frederick Fulkerson and his heirs  against the claim of all persons whatever will warrant & forever defend.  In witness where of thee said Peter Fulkerson, etc. have hereunto subscribed their names & affixed their seals the day and year written above.  Signed, Sealed & Delivered in the presence of John Goodson, Richard Fulkerson, John Lewis and C. Tate (Charles Tate)   Peter Fulkerson  seal, Benjamin Sharp seal,   James Fulkerson seal,  John Fulkerson seal,  Isaac Fulkerson seal,  Polly Fulkerson seal,  Caty Hanby seal,   Thomas Fulkerson  seal, and Abram Fulkerson seal.  At a Court held for Washington the 19th day of October 1813,    This   (continued the next page)

Page 170

This Indenture of Bargain and Sale from Peter Fulkerson, Benjamin Sharp, James Fulkerson, John Fulkerson, Isaac Fulkerson, Polly Fulkerson, Caty Hanby,  Thomas Fulkerson and Abram Fulkerson  of the one part and Frederick Fulkerson of the other part was proved in court by the oath of  John Goodson, John Lewis and Charles Tate three of the subscribing witnesses thereto and ordered to be certified.   Teste:  Andrew Russell   D.C.  at a Court held for Russell Co. the 2nd day of Nov. 1814.    This Indenture of Bargain and Sale from Peter Fulkerson & others to Frederick Fulkerson certified to have been proved in the county court of Washington was produced in Court & ordered to be recorded.   Teste:  James P. Carrel

This Indenture made the ninth day of Nov. in the year of our Christ 1814  between  George Belcher of  Floyd Co. KY   of the one part and Abraham Fuller of Russell Co. VA of the other part   Witnesseth that the said George Belcher for and in consideration of the sum of  $200.00 lawful money of the Commonwealth.  (do not have page 171,  but land was sold by George Belcher to Abraham Fuller.)

 Russell Co. VA June 6th, 1816      Page 300   

John Wilson vs.  Nancy Smith  On the motion of the plaintiff and for reasons appearing to the Court it is ordered that this cause be continued till the next tern at his cost.  The defendant then by leave of the court filed an additional plea.

Patrick Kendrick     vs.  Ralph Fulk    On a motion of the defendant and for reasons appearing to the Court it is ordered that this cause be continued till the next tern at his cost. 

Henry Mahon  vs.  Abram McCarty & David McCarty On motion of the plaintiff, ordered that this be dismissed.

The Commonwealth  vs.  John Vicars   On an Indictment for the breach of the peace.               This day came as well the attorney for the Commonwealth as the defendant by his attorney and thereupon the matters of upon the defendant's demurs (memory)  to the indictment being argued the Court are of opinion the law in favor of the ind. ? (individual)    Therefore it is considered by the court that the demurrers be over ruled.   

Russell Co. VA   August 8th, 1816  Page 329

Samuel McDowell  & assignees of John Hicks  vs.  Michael & John Powers   In debt.                 This day came the parties by their attorneys and the matters of law arising upon the defendants demurs (memory)  to the plaintiffs declaration being argued  the are of the opinion that the law is for the plaintiffs.  Therefore it is considered by the Court that the said demurrers be over ruled and that the plaintiffs recover against the defendants twenty dollars the debts in the declaration mentioned with interest thereon to the computed at the rate of six per centum per annum from the 1st day of Oct. 1815 till paid and their cost by them about their said in that behalf expended.

James Vicars produced in Court by his attorney a Writ of Certioran from the Superior Court of this County directed to the Justices thereof requiring them to certify the record and proceeding in a case determined in this Court between the said Vicars plaintiff and James Ramey and wife defendants more fully to the said Superior Court and moved the Court to hear evidence in order to the certifying the said record to be made more fully, but the Court being divided, the said evidence was refused to be heard to which the said plaintiff by his counsel accepted & which exceptions were sealed by the Court and ordered to be made part of the record.                  

Present:   John Candler,  Absent Harry Smith, gent.

Patrick Kinrick vs.  Ralph Fulk  In case for Slander   This day came the parties and their attorneys and on motion of the defendant the Writ of Enquiry obtained against him in the office was set aside and sundry pleas replications and issues being filed,  a jury was called, to wit    David Osborn, Isaac Cooksey, Robert Sarge,  Enos Derrefield, William Wings, George Pack, Amos Dean, Bartlet Sexton, William Wheeler  (Continued next page)

Page 330    

John Wilson, George Counts & Richard Wilson.  Who being elected  tried and sworn the truth to speak upon the issues joined upon their oath do say we of the Jury found for the Defendant where upon it is considered by the Court that the case Defendant go hind with out day and that he recover his cost and that the plaintiff be in money, an the trial of this case the plaintiff tendered a bill of exceptions to the opinion of the Court which was signed & sealed and ordered to be made & part of the record.

No further business appearing,  Ordered that the Court be adjourned till Court in course.   James Strother.

Sept. 03, 1816                                                                                                  

At a Court held for Russell Co. the 3rd Day of Sept. 1816   Present:  William Nash,  James Strother, Ezekiel Burdine, Francis Browning, John Candler, & Samuel Gibson,  Gents. Justice.

A list of conveyances admitted to record by the Clerk of this Court since the last term was inspected by the Court and ordered to be inserted into the minutes of this day's proceedings as follows:    Joseph Ramsey to Larkin Sul for land;  William Ferral Jr. to John Ferral for land; Jacob Weddington and wife to Patrick Kindrick for land; Samuel Ewing attorney to Callird ? & Robert Fugate for land.  Several acknowledgements before the Clerk. A list of Tithables furnished Spencer Breeding surveyor of a road by William Nash a justice of the peace was approved by the Court and appointed accordingly.

 Submitted by Sarah Ann Roepke       

March 2003