September Term 1858
[stamped page 158]
Be it remembered that at a Court of Pleas and Quarter Sessions begun and held for the County of Forsyth at the
Courthouse in Winston on the 20th day of September AD 1858.
Present and presiding on the bench (to wit)
R L Patterson
Philip Barrow Esqrs
Henry Shouse
When the following proceedings were had viz
The following good and lawful men were drawn to serve as Jurors at Decr Term 1858
Joseph Scales Ed Tucker Wm Stoltz
Charles Rank J L Crews David Idol
Thos Nading Lewis Belo Mosses Linville
Chr Ebert W F Stockton Jesse Swaim
J L Vawter Isaac Robertson Irven Warner
Isaac Shore Jesse Reed A H Christman
J H Teaque Jacob Tice Harmon Crews
Shepperd Preston Nathl Mock Wm M Madaias
Stephen Hester Sol Gardner Eli Sides
Branson Beason Trougot Spach Jesse Mock
John Doub E J Butner Elias Philips
The following persons drawn to serve at Oct Term
C H Hauser Peter Felter Allen Leinbach
Thos Kapp John Null Geo Shamel
Danl Butner John W Hine R L Masten
Wm Acherman Ashley Dwigins C L Banner
G H Reneger Smith Frazier J H Hester
John Boyer J E Clayton Sandy Flynt
Thos Sprinkle David Robertson John Dull
Raymon Gibson Jonas Warner W A Bolejack
Jacob Wevel Jos Vogler Jeffrey Coltrain
Henry Marshall J L Shore Julius Harman
Frank Reich Junis Luper Jonathan Vogler
Geo Miller Wm Crimm N S Anderson
[stamped page 159] September Term 1858
Sheriffs Bonds were offered and accepted by the following Justices
R S Patterson Sol Pfaff Wm Goslen
H Shouse J A Styers P Barrow
J E Clayton Levine Hine John Masten
N S Anderson J M Vawter & Aquela Pitts
Lee Hendrix
On motion was released from working the public roads.
Tyre Glenn & Richard Church Adm of James Hinshaw decd are allowed 5 pr cent commisions on their receipts & 5 pr cent on
commisions on disbursments.
Insane Asylum, order
Ordered by the Court that the Sheriff draw from the funds of the County one hundred & fifty dollars 99/100. & pay the Same
to the Superintendant of the insane Asylum or proper officer authorized to receive the Same it being the amount reported as
due from the County to the Asylum on 1st July last.
Ordered further that the Chairman draw the attention of the Court at March Term to the necesity of laying a tax to defray the
expenses of the insane for whose support this county is responsible.
Order Recended
Ordered by the Court that the Indentures binding Jonathan D Bilteter to Permain Hine be recended
Wm Fulp {Ca Sa
vs Continued by deft for want of notice to Pllff,
Sol Brandon
[stamped page 160] September Term 1858
Flour Inspector
It appearing that a place of Public inspection is necessary for Flour for the convenence of the Citizens of Forsyth County It
is therefore ordered by the Court that the town of Salem be appointed and established a place for public inspection of Flour
in said County.
Elijah Tucker {Ca Sa
vs Deft called and failed to answer Judt against
Nath Brown him & Wm Boner his security.
Registers fees for bonds
Ordered by the Court that the order made at March Term requiring the register to register the old bonds of the Sheriff &
constables & C be for half fees be recended and that he be allowed the fees as required by law
J Simon White {Ca Sa
vs It appearing to the Satisfaction of the Court
A S Teague that the deft A S Teague has given due notice to the plantiff & also A J Stafford Robert Gray & Christian
Reed of his intention to apply to the Court to be discharged from arrest in this case wherepon motion the said deft was
permitted & did swear to his Schedule filed wherpon motion the deft is discharged
[stamped page 161] September Term 1858
Tuesday Morning
Present and presiding on the bench (viz)
R L Patterson
Philip Barrow Esqrs
Henry Shouse
The following good & lawful men chosen tried & Sworn as Grand Jurors for this term (to wit)
H G Anderson C L Reynolds Jacob Vogler
Calvin White Wm Jarvis Thos Moser
John Miller Reuben Crews Sol Teaque
D Peddecord Jas Martin Alex Griffith
Benj Snider Danl Reich Joel Stoltz
John Randlemon Geo Pope Sol Spach
H. G. Anderson is appointed foreman
Nathl Ketner sworn as an officer to attend the Grand Jury
State {No 3
vs Deft pleads Guilty Judt
Jas C Webb Suspended & Judt for costs
Petet Jurors sworn for this term
Joseph Waggoner J H Reich Norman Faw
Danl Sink Hez Flynn Fred Dean
Philip Spach Hugh Beckerdite Caleb Jones
Tandy White Johathan Lowder Isaac Tice
J B Doub C C Neal Jas G Newsom
G H Young G W Burk
Ed Tucker Adm
Ordered by the Court that 5 pr cent commisions be allowed Edmund Tucker adms on the receipts & disbursments of the
estate of Henry Ripple decd & that Robert Gray & J M Stafford Esqrs be appointed commisioners to make settlement with E
Tucker of his administration aforesaid .
[stamped page 162] September Term 1858
State {M H Linville witness for the State
vs called and failed Judt ne sci
Wm Neal
State { No 5
vs The Jury sworn & empaneled to try the
Wiley Shouse isues Travis to wit
Joseph Waggoner J H Reich Fr Dean
Danl Sink Hezk Flynn N Faw
Philip Spach Hugh Beckerdite Caleb Jones
Tandy White Jonathan Lowder Isaac Tice
Who for their verdict do say we find the deft Guilty in manner & form as charged in the bill of Indictment
Judt fined 50cts & in costody
State { No 6
vs Spencer Waggonr a witness for the state
Shade Cofer called and failed Judt ne sci
State { No 6
vs The following good and lawful men sworn & Shade Cofer empaneled to try this isue of travis (to wit)
J B Doub C C Neal Jas G Newsum
G H Young G W Burk John Boyer
John Harper Joseph Butner Wm Hine
Chas Rank Tineson Jarvis Newton Dawson
Who for their verdict do say we find the deft Guilty in manner & form as charged in the bill of Indictment Judt Fine $2.00 in
costody of Sheriff
Pedlers License
On motion ordered by the court that Lewis C Hanes have License to peddle in Forsyth County for Twelve months from this
date Sept 21, 1858
[stamped page 163] September Term 1858
Clerks Bonds
The following magistrates present when Clerks bonds were accepted.
Le Hine E Griffith Henry Hait
J A Waugh H Shouse Philip Barrow
R L Patterson M H Linville John Watson
E B Teague R L Walker C L Banner
R Murcherson
A J Stafford Clerk elect. bond duly accepted.
State { No 2
vs Same Jury as in No 5 sworn and empaneled
Wm Neal to try this isue of travers who for their
verdict Say we find the deft Guilty in manner & form as charged in the bill of Indictment Judt fined 50 cts in costody.
State {Stephen A Ham witness for the State called
vs & failed Judt ne sci
J S Ham
Ed Tucker
Ordered by the Court that Ed Tucker adms on the estate of Sarah Ann Howlet decd be allowed 5 pr cent commisions on the
estate aforesaid & that Robt Gray & J M Stafford Esqrs be appointed to make Settlement with him of his administration.
State {Deft Pleads Not Guilty
vs The same Jury as in No 5 sworn and
H B Teague empaneled who for their verdict say
H Marshall we find the deft Guilty in manner &
form as charged in the bill of Indictment Judt fined Teaque $1.00 Marshall fined $2.00 H B Teague prays an appeal to the
next Superior Court
State {Deft rebound in $100 with Joseph Butner
vs Security in $1.00
[unable to read name]
[stamped page 164] September Term 1858
Wednesday Morning Court met agreeable to adjournment.
Present and presiding on the bench (to wit)
R L Patterson
P Barrow Esqrs
H Shouse
John F Blackburn
Ordered by the Court that John F Blackburn be excused from working public Roads he being an invalid.
E Belo {The following Jury sworn and empaneled to
vs the issue joined to wit
T J Boner
Joseph Waggoner J H Reich Fr Dean
Danl Sink Hezk Flynn Philip Spach
H Beckerdite Caleb Jones Tandy White
Jonathan Lowder Isaac Tice G W Burk
Who for their verdict say they find all issues in favour of the deft Pllff prays and obtains an appeal to the Superior Court
Security to appeal bond waved by consent the Same is continued to Spring term 1859
State { No 13
vs The following good & Lawful men are sworn
John Spach empaneled to try this isue of traves (to wit)
Joseph Waggoner J H Reich Fr Dean
Daniel Sink Hezk Flynn Philip Spach
H Beckerdite Caleb Jones Tandy White Jonathan Lowder Isaac Tice G W Burk
Who for their verdict do say we find the deft Guilty in manner and form as charged in the bill of Indictment Judt fined
$10.00 in custody .
[stamped page 165] September Term 1858
W A Lash {Amendments made by order of the Court
vs Attachment Levied on Land Judgement of
William Cofer the Justice for the sum of twenty one dollars and forty four cents with intrest thereon from the 1st day of
January AD 1850 former cost 40 cts & the cost of is confirmed and made a Judgment of the Court ordered that the venditioni
Exponas isue .
Wm A Lash {Amendment made by order of the Court
vs Attachment Levied on Land & C
William Cofer
The Judgment of the Justice for the sum of Two dollars & Eighty seven cents with Intrest thereon from the 1st day of January
AD 1853 & cost of suit is confirmed and made a Judgment of this Court Ordered that a venditioni Exponas isue.
Henry Shaffner & his Wife, Amelia Shaffner appeared in open court & personally acknowledged the due Execution by them
of a deed for land in this county to William Dawson dated the 20th day of Sept 1858 and therupon Philip Barrow a member of
the Court is appointed to take the private examination of the said Amelia Schaffner and the said P Barrow after having
privately examined the said Amelia Separate and apart from her said husband tuching her free consent in the execution of
the said deed of conveyance reports to the Court that She acknowledged before him when so examined that she had
executed the said deed freely of her own will and accord and without any force fear or undue influence of her said husband
or any other person and did still volunterly assent their to all of which is on motion is ordered to be recorded
It is further ordered that the deed itself and the record of the above motion deed by the other bargains viz [W L Mienug
Henry D Mienug?]
[stamped page 166] September Term 1858
= Edwin Mienug Alex Mienug was duly proven on the oath of James L Leinbach the subscribing witness thereto and ordered
to be registered
State {The following good and lawful men are
vs sworn and empaneled to try this isue of
John S Ham travers (to wit)
Joseph Wagoner J H Reich Fr Dean
Hez Flynn Philip Spach H Beckerdite
Norman Faw Tandy White Jonathan Lowder
(name written over) Isaac Tice G W Burk
Who for their verdict do say we find the deft Guilty in manner and form as charged in the bill of Indictment Judt of the court
is that he receive 15 lashes on this bare back fourthwith to be executed by the Sheriff.
State {Deft Pleads Guilty
vs Judt Suspended
Thos Moore
H A Lemley {Judy sworn and impaneled to try the
vs isues Joined (to wit)
A J Stedman
Joseph Wagoner J H Reich Fr Dean
Daniel Sink Hezk Flynn H Beckerdite
Norman Faw Tandy White Jonathan Lowder
Isaac Tice G W Burk Philip Spaugh
Who for their verdict do say we find all isues in favour of pllff that the principal of the bond declared on is $100.00 and
assess pllff damage by way of intrest to $28.12 & Judgment of the court accordingly and for cost of suit to be taxed by Clerk.
[stamped page 167] September Term 1858
B. J. Crawley {The following jury of good and lawful men
vs are sworn and empaneled to try this issue
Permania Hauser joined (to wit)
Joseph Wagoner J H Reich Fr Dean
Daniel Sink Hezk Flynn H Beckerdite
Norman Faw Tandy White Jonathan Lowder
Isaac Tice G W Burk Philip Spach
Who for their verdict do say we find the isues in favour of the pllff & assess his damage to $3.00 form which plantiff craves
and obtained an appeal to Superior Court bond filed.
Inspector Appointed
Ordered by the Court that H D Lott be appointed public inspector of Flour in the town of Salem in Forsyth County And the
said H D Lott having given bond & security according to law took the oath of office and was duly Qualified
B F Folger {The following jury of good sworn and
vs empaneled to try the issue Joined (to wit)
H F Clayton
J H Reich Fr Dean Daniel Sink
Hezk Flynn H Beckerdite Norman Faw
Tandy White J Lowder Isaac Tice
G W Burk Philip Spach J B Doub
Who for their verdict do say we find all isues in favor of the Pllff and asses the damage by way of Principal $11.15 and intrest
$4.25 & Cost $1.60 Judt accordingly & for cost of Suit Deft prays an appeal to the next Superior Court and enters into bond
in the sum of $200.00
[stamped page 168] September Term 1858
E F Clewell Administrator on the estate of James Doyle decd having filed his report of the sale by him as adms aforesaid of
one Land warrent no. 20377 calling for 160 acres for the sum of Eighty six cents per acre it is therefore ordered by the Court
now here that said Sale be and the same is hereby in all things ratified and confirmed by this court and it is ordered that a
good title in & to said warrant pass to the purchaser.
Thursday Morning
Court met according to adjournment
Present and presiding
R L Patterson
P Barrow Esqrs
John Masler
On motion it is ordered by the Court that Robert Matthews and Caleb Matthews adms of Tandy Matthews decd have until
Decr Term next to make their Settlement.
On order by the court that C B Ogburn adms of L Fries decd have leave until Decr Term 1858 of this court to make
Settlement of his said administration.
Ordered by the court that James Teague Exr of Joab Teague decd have leave until December Term 1858 of this court to
make Settlement of his said Execurtorship.
Bridge at Old Town
Ordered by the Court that Wm Flynt Samuel Styers and N S McGee be appointed commisioners to let out the building of a
bridge across the creek at old Town to the lowest bidder the contractor being responsible for the bridge for seven years and
report to the next Term of this Court.
[stamped page 169] September Term 1858
Doc on the [demesa?] {Ejectment--
of A J Stafford The following Jury of good and lawful men
vs are sworn & empaneled to try the isues
Roe & A S Teaque joined (to wit)
J H Reich Fr Dean Daniel Sink
Hezk Flynn C C Neal Norman Faw
Tandy White Jonathan Lowder Isaac Tice
G W Burk Philip Spach J B Doub
Who for their verdict do say we find the deft Guilty of the tresspass & ejectment as set forth in pllffs declaration and assess
his damage to Six pence.
(punctuation added for clarification purposes)
C D Reynolds & others {Petition for a Road
Ex Parte
In this case the report of the Jury is confirmed by the court & the said Road as laid out and marked by the Jury is established
as a public road of Forsyth County. It is further ordered that Joel Vest be appointed overseer of said road until June Court
1859 that the following hands be asigned to said Overseer for the purpose of cutting out and making said road (to wit)
Green Binkley, Carter Binkley, Arthur Warner, Norman Whitman, Wm Varner, Daniel Hicks, Abram Hicks, John Hicks, Joel
Griffith, Franklin Binkley, Newel Williams, Alex Hauser, Wiley Hauser & 2 hands, Henry Hart & 2 hands, Jos S Pledger & 1
hand, Eugene Conrads hands, Alex Conrad & hands, Philip Millers hands, Mrs Mary Steinson hands, Stanford Shelton,
Demsey Shelton, Henry Waggoner, George Sowers, Jacob Sink, Eli Cline, Phelter Hege, George Richard, John Grimes,
James Flynt, Timothy Yates, A Wall, Henry Cline, Charles Church, Wm Church, Andrew Hoover, Daniel Doub, Joseph Ingle,
John Croom, Samuel Vest, Columbus Reynolds, Fox Reynolds, Leonard Conrads hands, John Conrad, Augustus Smith,
Wiley Shepperd, Benj Myers, Edmund Dull, Theophelus Sink, John H Stoltz, Theo Looper, James Looper, Linsey Luper, Wm
B Stipe, Isaah Bodenhamer, Winborn Craft, Albert Craft, Nathan Craft, John Vogler, Emory Vogler, Saml McKnight, Wm
Sheets,
[stamped page 170] September Term 1858
Nathl Ketner, Calvin Blackburn, John Harpers hands, Henry Verner, Henry Rights, Edwin Rights, Wm Longworth, Thos
Slator, Cannon Harper, Elisha Harper & 2 hands, Wm Holder, Rufus Blackburn, Mathew Vogler, Wesley Vogler, Jacob
Binkley, Frederick Binkley, Elias Binkley, Wm Philips, Foster Philips, Edger Harper, Josiah Waggoner, Nicholas Hauser, Wiley
Hauser, Henry Melroney, Ervin Werner, Wilson Warner, Tenison Jarvis, Granville Blackburn, Edwin Blackburn, Wesley Vest,
John Brandon, John [Schreves?], Joseph Boyer, Jacob Whitman, Ervin Warner, Jacob Phelps, Henderson Dull, Reeves
Thompson, Costen Holder, Richard Craft, Thomas Craft, Alex Hauser, Thos Warner, Benton Binkley, John Harper, Daniel
Black, Yancy Howerton, Augustus Vogler, Frankly Blackburn.
Scott Baker & Co {On motion it is ordered by the Court that
vs the Clerk of the same amend [writ pro _?_] F K Armstrong the several executions which have heretofore isued
in the case of the said firm of Scott Baker & Co against F K Armstrong by inserting there in the names of the individual
members of the Said firm so that the Execution shall agree with the original writ in said case
State of North Carolina {September Term 1858
Forsyth County {Court of Pleas & Quarter Sessions
Land Sale for Taxes---
Heirs of Martin Holder 7 acres value acre $30.00
Double Tax for the year 1855 1856 1857 & 1858 $120
Clerks Cost with News paper advertising 130
Sheriff Costs with " " " 400
$650
After advertising above lands according to law I sold the same at the Court House door in Winston on the third monday of
September 1858 at the lowest bid When & Where Solomon Pfaff Esq became the last and lowest bidder at 6 1/2 acres for
above taxes & costs --
[stamped page 171] September Term 1858
The Presidents Directors & Company of the Bank of Cape Fear
vs
W W Cole R H Massey A B Dalton & J G Lash
It appearing to the Sales faction of the Court that a writ of Fi. facias in this case returnable to the present term of this Court
was placed in the hands of John Martin Sheriff of Stokes County more than twenty days before this term which writ the Said
John Martin has failed duly to return according to law
It is therefore adjudged by the Court that the said John Martin Sheriff of Stokes County as aforesaid be amerced in the sum
of one hundred dollars & that the Plantiffs the said President Directors & Company of the Bank of Cape Fear have
Judgement nisi against him for the Same
Ordered that a Sci Fa isue -
President Directors & Company of the Bank Cape Fear
vs
A R Homsley Thomas Williams D [Tronberg?] J Carrol & J G Lash
It appearing to the satisfaction of the Court that a writ of fieri facias returnable to the present term of this Court was placed in
the hands of C Grigg Sheriff of Cleveland County more than twenty days before this term which writ of fieri facias the said C
Grigg Sheriff aforesaid has failed duly to return according to law. It is therefore adjudged by the Court that the said C Grigg
Sheriff as aforesaid be amerced in the sum of one hundred dollars & that the Plantiffs in the case the said President
Directors & Company of the Bank Cape Fear have judgment nisi against him for the Same
Ordered that Sci fa isue --
[stamped page 172] September Term 1858
President Directors & Company of the Bank Cape Fear
vs
A R Homsley Jas Carrol Elisha McBroyer & J G Lash
It appearing to the satisfaction of the Court that a writ of fieri facias in this case returnable to the present term of this Court
was placed in the hands of C Grigg Sheriff of Cleveland County more than twenty days before this term which writ the said C
Grigg has failed duly to return according to law.
It is therefore adjudged by the Court that the said C Grigg Sheriff as aforesaid be amerced in the sum of one hundred
dollars & that the Plantiffs in this case the said President Directors & Company of the Bank of Cape Fear have Judgment nisi
against him for the same Ordered that Sci fa isue --
Theodore F Keehln
vs
George N Folk J M Leach and H A Lemley
It appearing to the satisfaction of the Court that a writ of fieri facias in this case returnable to the present term of this Court
was placed in the hands of D C McCanless Sheriff of Watauga County as aforesaid more than twenty days before this term
which writ of fieri facias the said D C McCanless has failed duly to return according to law.
It is therefore adjudged by the Court that the said D C McCanless Sheriff of Watauga County as aforesaid be amerced in the
sum of one hundred dollars and the Theodore F Keehln the plantiff in this case have Judgment nisi against him for the same
Ordered that a Sci fa isue --
[stamped page 173] September Term 1858
Judgments on Trial Docket
Silas Westmoreland {C L Banner adms of R J Allen confesses
vs Judgment for $44 death of Wallace sugested
J R [written over] suit abated as to Wallace.
R. J. Allen
P D & Co Bank Cape Fear {Jury empaneled find all isues in favour of
vs pltff the principal of bond declared on is
A J Stedman et al $100.00 & assess pltff damage by way of int 281.00
E Alec Schwartz {Judt final according to specialty filed for
vs principal 364.46 Damages 118.44 & cost of
Daniel Ryans et al suit --
Same {Judgment finial according to specialty
vs filed for principal 2 47.21
Damages 35.12
Same & Cost of suit --
B J Crawley {Jury empaneled Judt for Plantiff for $3.00
vs & cost of suit Plantiff prays appeal Granted
P Hauser
Wm Barrow asigne {Pleas withdrawn Judt according to Specialty
vs filed for principal 108.44
Damages 8.10
F B Fulton et al & cost of suit --
P D & Co Bank Cape Fear {Pleas withdrawn Judt according to note
vs file for Principal $1800.00
A M D Keneday et al Damage 51.32
& cost of suit $1851.52
[stamped page 174] September 1858
Same {Pleas withdrawn Judt according to note
vs filed for $375.00
Keneday & Tomlim et al Principal & damages 12.77
& cost of suit $387.77
Same {Pleas withdrawn Judt according to
vs specialty filed for $560.00
N Hunicut et al principle and damages 18.93
& cost of suit $578.93
Jos L Crews {Pleas withdrawn Judt according to
vs note filed for principal $145.00
F L Golding and damages 11.15
& cost of suit $156.15
P D & Co Bank {Pleas withdrawn Judt according to
Cape Fear note filed for $2250.00
vs Principle & damages 84.00
Harmon Miller et al $2334.00
Same {Pleas withdrawn Judt according to
vs note filed for Principal $1000.00
J W Ellis et al & Damages 32.25
& cost of suit $1032.25
Same {Pleas withdrawn Judt according to
vs note filed for principal $204.73
B H Haus et al Damages 13.63
& cost of suit $218.36
B L Betting {Pleas withdrawn Judt according to
vs Specialty filed principle $494.00
Harmon Miller et al and balance of int 33.23
$527.23
John Vogler {Pleas withdrawn Just according to
vs Specialty filed principle $300.00
Benj Turner et al damages 24.25
& cost of suit $324.25
[stamped page 175] September Term 1858
P D Gates {Pleas withdrawn Judt according to
vs Specialty filed principle $123.88
Benj Turner et al Damage 3.82
& cost of suit $127.70
G W Wilson {Pleas withdrawn Judt according to
vs Specialty filed principle $150.00
A Nichalson et al & Damage 26.60
& cost of suit $176.60
P D & Co Bank {Pleas withdrawn Judt according to
Cape Fear note filed for principal $200.00
vs and damage 6.00
F B Bodenhamer et al & cost of suit $206.00
Same {Pleas withdrawn Judt according to
vs note filed for principal $100.00
F B & A J Bodenhamer & Damage 2.95
& others & cost of suit $102.95
Same {Pleas withdrawn Judt according to
vs note filed for principal $1450.00
Same & others Damage 38.29
& cost of suit $1488.29
Same {Pleas withdrawn Judt according to
vs note filed for principal $505.97 of
W H A Spears et al which sum $475.00 is principal money
& cost of suit --
Robert Bell {Pleas withdrawn Judt according to
vs Specialty filed for Balance of
Edwin Boner et al principal $154.45
and damage 3.86
$158.31
[stamped page 176] September Term 1858
P D & Co {Pleas withdrawn Judt according to note
Cape Fear filed for principal $500.00
vs and damage 27.91
B B Benham et al & cost of suit $527.91
Geo Brooks {Justice of the Justice confered for the
vs sum of Then dollars 53 1/2 cents with
Noah Lewis interest there from 16th day of Nov 1822
Order of Sale granted.
L V Blum {Pleas withdrawn Judt according to Specialty
vs filed for principal $500.00
Saml Taylor & others damage 63.33
& cost of suit $563.33
P D & Co Bank {Pleas withdrawn Judt according to note
Cape Fear filed for principal $100.00
vs damage 4.32
J W Howlet & others $104.32
Same {Pleas withdrawn Judt according to note
vs filed for principal $2000.00
E Gaither & damage 80.42
& cost of suit $2080.42
Same {Pleas withdrawn Judt according to note
vs filed for principal $568.92
Same damage 39.59
& cost of suit $608.51
H A Lemley {Pleas withdrawn Judt according to Specialty
vs filed for principal $325.53
Wm Griffith et al & Damage 21.12
& cost of suit $346.65
Same {Pleas withdrawn Judt according to Specialty
vs filed for principal $338.80
J F Martin et al & damage 7.40
$346.20
[stamped page 177] September Term 1858
P D & Co Bank {Pleas withdrawn Judt according to note
Cape Fear filed for principal $500.00
vs & Damage 18.00
J W Gray et al & cost of Suit $518.00
F H Shuman {Judgment by default finial according
vs to note filed for principal $150.00
R D Golding & and damage 27.31
J. S. Gibson & cost of suit. $177.31
Appearance Docket
Abram Conrad {Deft comes into Court and confesses
vs Judt for $185.20
of which Sum 177.25 is principle money & cost of Suit
T Glenn &
R Church Adm
John Ridings {Deft comes into Court and confesses
vs Judt for $160.00 and cost of suit as T Glenn & to ballance of claim they plead
Ricd Church Adm Judgment debts of higher dignity & no assets ultra Judgment granted
for $37.00
E Tucker {Ca Sa
vs Deft called and failed Judt against
Nathl Boner him and Security for debt & cost.
W W Cole {Judgment of the Justice of the Peace
vs confirmed according the Judgment of
Geo Preston this Court Order of Sale granted
[stamped page 178] September Term 1858
P D & Co Bank {Judgment by default final against Lawrence
Cape Fear & Cowan for $350.00
vs debt & damage 6.34
A R Lawrence & others & Cost of Suit $356.34
H A Lemley {Judgment by default final $125.00
vs for debt and damage 5.00
M Graham et al & cost of suit. $130.00
P D & Co Bank Cape F {Former Judt confirmed and made absolute
vs according to Sci Fa for one hundred dollars
J M Hillard et al & cost of suit.
Same {Judgment by default final according to
vs note filed for debt $100.00
L Holten & others and damage 2.92
and cost of Suit. $102.92
H A Lemley {Judt by default final $210.29
vs for debt & damage 13.14
E Gaither and others & cost of Suit. $223.43
E F Blum {Judgment by default final $104.50
vs for debt and damage 1.16
Jas A Ernest & cost of Suit $105.66
Theod F Keehln {Judt by default final for $1092.68
vs & cost of suit.
D S Sheek et al
P D & Co Bank C. F. {Judgment by default final according to
vs note file for debt $150.00
Jonathan Bodenhamer & damage 2.80
& others & cost of suit $152.80
[stamped page 179] September Term 1858
P D & Co Bank {Judgement by default final for
Cape Fear debt $200.00
vs & damage 3.39
Jonathan Bodenhamer et al & cost of Suit $203.39
Administration Bond's
[stamped File No. X-408]
R Murcherson
On motion to the Court letters of Administration on the Estate of Rebecca Sailor is granted to R Murcherson who enters into
bond in the sum of Two hundred dollars with Elias Benkley and F B Bodenhamer securities which is accepted by the court
and Adms duly Qualified
[stamped File No. X-409]
John Banner
On motion to the Court letters of Administration on the Estate of Lucinda A Barker is granted to John Banner who enters into
bond in the sum of Fourteen hundred dollars with Constance L Banner and Gilbert A Lowe as Securities which is accepted
by the Court and the Administration duly Qualified according to law.
[stamped File No. X-410]
John W Wright
On motion to the Court letters of Administration is granted on the Estate of John Wright decd to John W Wright who enters
into bond in the sum of Four hundred dollars with C L Banner Darias Mastin and John Keller Securities which is accepted by
the Court and the administration Qualified according to law.
[stamped File No. X-411]
Theod F Keehln
On motion to the Court letters of Administration on the estate of E A Verling is granted to Theod F Keehln who enters into
bond in the sum of Five Thousand dollars with C D Keehln & J R Crist securities which is accepted by the Court and the
administration Qualified according to law.
[stamped page 180] September Term 1858
[stamped File No. X-412]
William Flynt
On motion to the Court letters of administration on the estate of John P Flynt is granted to William Flynt who enters into bond
in the sum of Three Thousand dollars with A. J. Stafford and Thomas J Wilson Securities which is accepted by the court and
the administration duly Qualified according to law.
[stamped File No. X-413]
Solomon Smith
On motion to the Court letters of administration on the Estate of Joseph L Hine is granted to Solomon Smith who enters into
bond in the sum of Eight Thousand dollars with George Willard Mosses Smith and Elizabeth Hine Securities which is
accepted by the Court and the Administration duly Qualified according to law
(hand pointing right) look over
Guardian Bonds
[stamped File No. X-414]
P E Leight
On motion to the Court P E Leight is appointed Guardian of Eugene G. John & Emily Brindle minor heirs of Nancy Brindle
decd who enters into bond in the sum of One hundred dollars with Edmund Tucker and Joseph Northern Securities which is
accepted by the Court.
[stamped File No. X-415]
Carlos Strup
On motion to the Court Carlos Strup is appointed Guardian of Julia Spach who enters into bond in the sum of One hundred
dollars with John M Stafford and Wm Barrow Securities which is accepted by the Court.
[stamped page 181] September Term 1858
[stamped File No. X-416]
Jacob Smith
On motion to the Court Jacob Smith is appointed guardian of John Adkins a lunatic who enters into bond in the sum of
Fifteen Hundred dollars with Aquela Pitts Valentine Motsinger Hiram T Bodenhamer which is accepted by the Court
[stamped File No. X-417]
John L Conrad
On motion to the Court John L Conrad is appointed Guardian of Charity, Martha, Delphia, Sarah, and Joseph Conrad their
Father Joseph Conrad living who enters into bond in the sum of Five hundred dollars with Leonard Conrad Security which is
accepted by the Court.
Apprentice Bonds
Nancy E Watson,
An orphan child is bound unto N. C. Dawson until she is free who agrees to learn her to read write & cypher through the
single rule of three one bed bedstead & furniture one Bureau hymn Book & Bible and a good freedom suit
Thomas Sawyer & others Coloured
Thos Sawyer aged five years 24 July last and Henry Sawyer one year last March Emily three years in Feb Last who agrees
to give them as follows at their freedom Thomas Thirty five dollars Emily Thirty five & Henry Thirty dollars at their freedom
[stamped page 182] September Term 1858
Jonathan D Bitteter,
An orphan aged thirteen years next Dec is bound unto James C Crews who agrees to learn him to read write and cypher
through the single rule of three give him two good freedom suits and Sixty dollars in money at his freedom.
Alphius Ball
An orphan aged Fourteen years next Nov is bound unto Noah Hine who agrees to learn him to read write and cypher
through the single rule of three and give him Seventy five dollars in cash and a good freedom suit.
Eliza J Long
An orphan aged Eight years is bound unto Theod F Keehln who agrees to learn her to read write and cypher through the
single rule of three and give her a good bed & furniture a Bureau Bible hymnbook & a good suit at her freedom & C.
Allen James
An orphan aged Fourteen last June is bound unto Joseph Walk who agrees to learn him to read write and cypher through
the single rule of three and give him Fifty dollars in money and two good freedom suits.
John McKnight
An orphan aged ten years next May is bound unto Peter Vogler who agrees to learn him to read write and cypher through
the single rule of three and give him two good freedom suits of cloths and Fifty dollars in money
[stamped page 183] September Term 1858
Edward Snow
An orphan aged Five years last June is bound unto T. C. Walker who agrees to learn him to read write and cypher through
the single rule of three and give him Fifty dollars and two good freedom suits.
An Administrator bond
[stamped File No. X-418]
John E Clayton
On motion to the Court John E Clayton is appointed Administrator on the Estate of E J Teague who enters in to bond in the
sum of One hundred dollars with C. B. Ziglar and C B Ogburn Securities which is accepted by the Court and the
administration duly Qualified according to law.
Decrees Made
Sarah Teague {Petition for years Allowance
Ex parte On motion H Preston a Justice of the peace and John Lowrey George V Fulp and Thos Cambell freeholders
are appointed commisioners to view the estate of E J Teague deceased and to allott and set apart to his widow Sarah
Teague so much of the crop stock and provisions belonging thereto as may be adequate to the support of herself and family
for one year and if there shall not be a sufficiency on hand to afford such an allowance then to assess the deficiency in
money Said commisioners are to report at the next term of this Court under their hands & seals
[stamped page 184] September Term 1858
Paulina Vearling {Petition for years Allowance
Ex parte On motion C L Banner a Justice of the Peace and George Hege Nathaniel Vogler & Joshua Boner freeholders
are appointed commisioners to view the estate of E A Verling decd and to allott and set a part to his widow Paulina Verling
so much of the crop stock and provisions belonging thereto as may be adequate to the support of herself and family for one
year and if there shall not be a sufficiency on hand to afford such an allowance then to assess the deficiency in money Said
commisioners are to report their proceedings to the next term of this Court under their hands & seals.
Allen & Fountain Flynt {Petition to sell Slaves
adms. Ex parte This case coming in to be heard upon the petition the proofs & suggestions of counsel it is declared by
the court that the Slaves mentioned in the petition cannot conveniently be properly distributed without a sale thereof and
that a sale of said Slaves for distribution is necessary and proper it is therefore ordered adjudged and decreed by the Court
that petitioners sell said Slaves at public auction upon a credit of Six months at such place in Forsyth County as they may
deem best first advertising the time and place of sale for at least twenty days at the Courthouse in Winston and at least four
other public places in Forsyth County that they take bonds from purchaser with good and sufficient Security and make report
to the next term of this Court
Jacob Smith Gicuell {Petition heard and granted accordingly
vs no decree filed.
John Adkins
[stamped page 185] September Term 1858
Lewis Hanes Adms {Petition to sell land to pay debts
vs Petition heard and granted No decree filed.
Franklin Lashmit & others
Heirs at law of B Lashmit
Levine Grabbs {Petition to sell Slaves
Ex Parte Petition heard and granted No decree filed.
Elizabeth Hine {Petition for years Allowance
Ex Parte On motion E B Teague a Justice of the Peace and Charles Clinard John Hastin & Abel Wadkins freeholders
are appointed commisioners to view the estate of Joseph L Hine deceased and to allott and set apart to his widow Elizabeth
Hine so much of the crop stock and provisions belonging thereto as may be adequate to the support of herself and family for
one year and if there shall not be a sufficiency on hand to afford such an allowance then to assess the deficiency in money
and if such articles are on hand that they also lay off and allott to her one bed & necesary furniture one wheel and pair of
cards also one loom.
Elizabeth Hine {Petition for Dower
vs Petition heard and granted no decree filed.
Winfield Hine & others
Heirs at law of J L Hine
Sarah Lashmit {Petition for Dower
vs Petition heard and granted
Heirs at Law of No decree filed.
Benjamin Lashmit decd
[stamped page 186] September Term 1858
Elizabeth Flynt {Petition for years support
Ex Parte On motion Solomon Pfaff a Justice of the peace and Samuel Shaub John H Waldriven & Alexander Transue
freeholders are appointed commisioners to view the estate of John P Flynt deceased and to allott and set apart to his widow
Elizabeth Flynt so much of the crop stock and provisions belonging thereto as may be adequate to the support of herself
and family for one year and if there shall not be a sufficiency on hand to afford such an allowance then to assess the
deficiency in money Said commisioners to report at the next term of this Court under their hands & seals
Thomas J Wilson Attn
Sarah Wright {Petition for years allowance
Ex Parte On motion C L Banner a Justice of the Peace and William Snider John P Nesen & Alex Snider freeholders are
appointed commisioners to view the estate of John Wright deceased and to allott and set apart to his widow Sarah Wright so
much of the crop stock and provisions belonging thereto as may be adequate to the support of herself and family for one
year and if there shall not be a sufficiency on hand to afford such an allowance then to assess the deficiency in money Said
commisioners to report at the next term of this Court under their hands & seals.
[stamped page 187] September Term 1858
Special Letters of Administration
[stamped File No. X-419] Upon application Special letters of Administration of the estate of (unable to read initials)
Holland was granted to William B Hampton who entered into bond in the sum of Fifteen Hundred dollars with Benjamin
Hampton Security which is accepted by the Court Three magistrates being present Oct 15th 1858.
[stamped File No. X-420]
John Blackburn
Upon application before R L Patterson Chas Brietz and Saml Alspage the Justices of the Peace Special letters of
Administration on the Estate of Cason Holder decd is granted to John Blackburn who enters into bond in the sum of Four
hundred dollars with Wm Barrow and J G Blackburn Securities which is accepted by the court. Nov 29th 1858.
Wills
[stamped File No. X-421
A paper writing purporting to be the last will and testament of Wilhelmina Hamon is exhibited for probate in open Court by S
Thos Pfohl the Executor there in named and the due execution thereof by the said W Hamon is proven by the Oaths of
Stephen Douthit and John T Conrad the subscribing witnesses thereto it is therefore considered by the Court that the said
paper writing and every part thereof is the last will and testament of the said Wilhelmina Hamon and the same is ordered to
be recorded & filed. And there upon the said S Thos Pfohl Executor as aforesaid duly qualified as such by taking the oath
required by law.
[stamped page 188] September Term 1858
E R Voss Will
[stamped File No. X-422] A paper writing purporting to be the last will and testament of E R Voss is exhibited in open
Court by John H Hester the Executor there in named and the due Execution thereof by the said E R Voss is proven by the of
John Lowrey and Benjamin Eliott the subscribing witness thereto it is therefore considered by the Court that the said paper
writing and every part thereof is the last will and testament of the said E R Voss and the same is ordered to be recorded and
filed And there upon the said John H Hester Executor as aforesaid duly qualified as such by taking the oath required by law.
(End September Term 1858)
FORSYTH COUNTY COURT
OF PLEAS AND QUARTER
SESSION
SEPT. 1858
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