Franklin County Court Records

Extract of Minutes, 1840
Contributed by: Mark Murphy

[Extracts of Franklin Co., NC Court Minutes, 1840]
[Film/Rolls 744/C.039.30001-7 NC State Archives]
[transcribed by Mark A. Murphy, 13 Dec 2001]

[March 1840]

on motion ordered that James Baker, Simon[?] Williams & William T
Sperry be appointed commiSsioners to audit the accounts of
Montford[?] Pippin Excr. John Pippin decd. & report to next court.
-----
The CommiSsioners who were appointed to audit the accounts of James
Baker. Admr on the Estate of Amos Wheeler decd. returned their report
which is Confirmed & was on motion ordered to be Registerd.
-----
The examination of a Bill of Sale from H.L. Marlin & Dan. Sillarlen[?]
to James S. Yarbrough was duly proved by the oath of William G. Joyner
& was on motion ordered to be Registerd
-----
The execution of a Marriage Contract between Samuel Young & Lucy
Drat[Dent?] was duly proved in open court by the oath of Isaac Winston
& was on motion ordered to be Registerd
-----
No. 14. The State Case of Wm. A Gaton vs Nathaniel Murphy, Jno. Porter
& James Thomas} default &[?] Jury charged to wit,
Willis Perry Allison Lea David Thomas
James BraSsell Alan S. Moon Willm Clifton
Richd. Winston Norflet P. Carson Elias May
Beja. Young Raiford Charaton[?] Bryant Young
Who [scratched- aSseSs the plaintiffs d] find that the amount of the
bond declared on is $4000- to be ob[?]ged by the payment of $56.47-
which an aSseSst as damages $45 of which is principal.
[end of page]

[March 1840]

The execution of a Bill of Sale from Gaston Perry Sheriff was
acknowledged in open court & was on motion ordered to be Registerd.
-----
The CommiSsioners who were appointed to set apart one years allowance
to Rebecca Smith out of the Crop Stock & provisions of Goodman Smith
decd. returned their report which is Confirmed by the Court
-----
no. 23 Elisha Uzzell vs. Cooper Gupton} appl. Jury charged to wit
Willis Perry Allison Lea Raiford Chamlin[?]
Jas. Braswell Alen. S. Moon Geo. Bridges
Richd. Winston Jno. Winston Baldwin Perry
Beja. Young Norflet P. Carson Joseph J. Williams
who find.- Jury withdrawn-
-----
Benjamin F. Foster Guard. to Martha W. Foster returned hsi acct. on
oath in open court which is on motion ordered to be Recorded
-----
no. 24. Elisha Uzzell vs. Cooper Gupton} appl. Jury charged to wit
Abner Stallings Nat. Murphy William O Green
Ricky Furman Washington Harris Wm. A Mitchell
James P. Cannon Beja. Foster Tho. D. Flury
Bennett Taylor Wm. J. Sperry Wm Jackson
who find all the iSsues in favour of the pltff that the principal of
the note declared on is $53 and aSseSs damages for Ints. to $7.96 &
costs on motion judgement
[end of page]

March Co. 1840

is granted against the appelant & Also[?] that sum[?] all[?] by
security for the amount of this note[?]if[?]not[?]
-----
A Deed from Amy Murphy, William D Thomas & his wife Nancy Thomas to
Nicholas Murphy was exhibited in open court for Registration & the
Certificate of probate made on the State of Tennessee appearing to be
regular on motion it is ordered to be Registred here-
-----
A Deed from George Murphy, Paluma[?] Murphy Williamson Murphy & Jenny
Bledsoe to Nicholas Murphy was exhibited in open court for probate &
the Certificate of probate in the State of TenneSsee appearing to be
regular on motion the same is ordered to be Registred here
-----
A Deed from George Murphy, John Murphy, Richard G. Buckannon & Martha
his wife to Nicholas Murphy was exhibited in open court for
Registration, and the Certificate on proof of the due execution of said
deed appearing to be regular on motion it is ordered that the same be
registred here-
-----
Elisha Uzzell vs. Cooper Gupton} Appl. Jury charged, to wit,
Same as in No. 24 who find- all the iSsues in favour of the plantiff,
that the principal of the note declared on is $25 and aSseSs damages
for Int. to $4.05. &cost- on motion Judgmt is granted against the
appelant & Hezekiah Terrell his security for the amt of this mea &costs
[end of page]

[June 1840]
Tuesday Morning Court met according to adjournment - Present
Gid. Glenn Jas. Baker LR Mitchell Richd. Arendell }Esquires
-----
ordered that Joshua Perry be allowed a Licence to retail spirits for
one year at C.B. Perry's mill.
-----
ordered that Gilford Lewis, Wilson D Webb & William Stokes be appointed
com. to audit the accounts of Gary[or Hary] Ingram adm. &c of Amos
Joiner decd. & report to next court.
-----
The sheriff returned his Venue from which the following persons were
drawn sworn & charged as Grand Jurors To wit.
1. Benjamin F. Foster forman
2. Edwd. Morris 8. John Lemons[or Simons]
3. Ruben Stallings 9. Nathan Cooke
4. JeSse Brown 10. Acne Pearce
5. John Porter 11. John Wilson
6. Rob. R Moon 12. John Leonard
7. Burrel[or Burnel] Pearce 13. John Griffin
14. Robrt. Gupton
-----
The execution of a Deed from Nathaniel Murphy & Nicholas Murphy to
Elijah B. Perry was duly proved in open court by the oath of James R
Swanson was on motion ordered to be Registred-
[end of page]

[June 1840]
The execution of a Deed from Nicholas Murphy to Nathaniel Murphy was
duly proved in open court by the oath of Benjamin[or Bingham] Murphy
and was on motion ordered to be Registred-
-----
The execution of a Deed from Rebecca W. Hill, Daniel A. Hill, Kemp P.
Hill, Nicholas L. Hill, Richard Hill & Charles A. Hill to Thomas W
Harris was duly proved in open court by the oath of William I Branch
& was on motion was ordered to be Registred-
-----
Ordered that Nicholas B. Patton have liberty to retail spirits at
Franklinier[?] for one year-
-----
Court adjourned untill to morrow morning 10 oClock.
-----
Wednesday Morning Court met according to adjournment, Present
Gid. Glenn Tho. G. Stone L.R Mitchell Jas. Baker Richd. Arendell}
Esquires
-----
on motion it is ordered that administration on the Estate of Bridges
[or Brodys] Williams decd be granted to Simon Williams who enters into
Bond in the sum of $800 with James Baker & Littleberry Bunn his
securities who are approv'd by the Court. Whereupon the said Simon
came into open court & qualified in due form of Law
[end of page]

June Court 1840

on motion it is ordered that Simon Williams adm. on the Estate of
Bridges[?] Williams sell a negro woman by the name of Gilly & child on
a credit of six months for the purpose of paying debts
-----
no.8 State vs. Wary[Mary?] Ingram} Indt. affrey[?]- Jury charged-
to wit.
Tho. Wynne Jno. Young Jno. Brewer[?]
Jno. Kearny Montford Horton W. Brewer
Wm Williams Toliver Terrell Redding Perry
Thos. Merritt Danl. S. Hill Martin[?] Breadlove
who find the defendant not Guilty-
-----
no. State vs. Zachariah Pegram} Ind. A&B[?] Jury charged to wit
same as in no. 8 who find the defendant not Guilty
-----
Archd. H Davis Guard. to Arcd. D. Williams returned his acct. curt on
oath in open Court &was on motion ordered to be Recorded
-----
The execution of a Bill of Sale from Alexander Evans to Jno. Kelly was
duly proved in open court by the oath of Nathan Patterson &was on
motion was ordered to be Registred
-----
The execution of a Deed from Nic. Murphy & Nat. Murphy to Claiborn
Shearin was duly proved in open court by the oath of Willis P. Ingram
&was on motion ordered to be Registred
[end of page]

[June 1840]
The execution of a Deed from Joseph Winston to Anthony Winston was duly
proved in open Court by the oath of Thomas H Winston[?] & was on motion
ordered to be Registred-
-----
The execution of a Deed of Trust from Charles Bartholomew to William J.
Branch was duly proved in open Court by the oath of Wood S Johnson &
was on motion ordered to be Registred
-----
The execution of a Deed from Nicholas Murphy & Nathaniel Murphy to
Thomas A Person was duly proved in open Court by the oath of Henry
Fisher & was on motion ordered to be Registred
-----
The execution of a Bill of Sale from Ann Hayes to Mary A Cook Harper
was duly proved in open Court by the oath of Richd. Jones & was on
motion ordered to be Registred
-----
The execution of a Deed from William E. Andrews to William H Williams
was duly proved by the oath of Hezekiah Terrell &was on motion was
orderded to be Registred
-----
ordered that William H. Battle Esq. atto. for the State be allowed
fifty dollars for extra services for the last year &that the Sheriff
pay the same.
-----
ordered that Arneth[?] Patterson clerk of the Court be allowed $100 for
extra services of to last Court for extra services & c- & that & c-
[end of page]

Sep. Co. 1840
Ordered that Harbert H. Hight, Briggs S. Edwards, John D. Hawkins,
Burrel Perry, William Huff & Robert Gill & John Person be appointed
Patrolers in Hayesville District
-----
ordered that the following persons be appointed Patrollers in the
County for one year, to wit
= in Foster's District. Jonah[or Josiah] Bridges, Jno. Broden
N.P. Carson, Alex. S Moore, Jas. Timberlake Jr, J.J. Foster,
& Kersmer[?] Strickland
=Galloways dist- Allen C. Perry, James Cooke, Aron Neale, Richard
Conyear, Wim G. Green, Allen C. Thompson-
=Upchurchs' District- John Griffin, Calvin Upchurch, Simon Alford,
Janal[?] Bell, Montford Pippin, John Pearce
=Harris' District. Wright Young, James HarriSs, Benjamin Young, Geo
Wiggins, Wm Baker
=Franklinton- John Winston, Isaac Winston Esq. Richard Holden, William
D Jones, Wilkes Tharrington, Wm Tharrington, Thomas Perry,
Wm K Martin, James Dent
=Davis' District- Wm A Mitchell, Was. Harris, Rob. R Moore, Jno. T.
Mitchell, Allison Lea, Lenny Mitchell, Wilson D Webb, Wm
HarriSs, Jno. Winston & Spencer H Alston
=Perry's Mill. Wm J. Branch, Jno B. Gill, Wm Cooper, Joshua Perry,
Jason Goswick, Danl. Gupton, Tho. A Person, Benja. Murphy,
Henry Foster, Joseph Gupton & Cooper Gupton
=Arrington's Mill Dist'- Jas T. Lancaster, George Stamper, Jno. Wood,
Jas. J. Williams, Elijah Perry, Sam. Perry, Matthew Turner,
Jas. Wood
[end of page]

[September 1840]
Archd. W. Pearce, Wm D Coppedge, Perry[?] Arrington.
Louisberg district- Geo. Tunstall, Nat. Tunstall, Tho. G. Stone,
William P. Williams, Sam. Johnson, Richd. F Yarbrough, Joseph
Murphy, Wm. Foster, David Cottrell[or Cockrell] Jas. E.
Lankford & Jno. E. Thomas
-----
ordered that Norflet P. Carson be appointed overseer of the road from
Burrell Perry to Peter Foster's in room of Jno. Hicks with the usual
hands
-----
ordered that John E Thomas be appointed overseer of the road from Tho.
Havertons[?] to Sam Dunns House with the usual hands-
-----
Court adjourned untill to morrow morning Court met according to
adjournment, Present
Joel King Sam. Perry Jordan Denson} Esquires
-----
The CommiSsioners who were appointed to audit the accounts of Henry
Turner adm. on the Estate of Amos Jones returned their report which was
confirmed by the Court & on motion ordrd to be Registred
-----
no.12 James Bullock vs. Jno. C. Jones} Judgt. by deferall[?] &injury[?]
Robt. Pleasant Wilson D Webb Isaac Perry
Jordan Bridges Burrel Stallings Hugh Perry
Barstall[?] Medlin Henry Wood Kinsmon[?] Strickland
David Kent Simon Jeffreys Richd. Ward
[end of page]

Dec. Co. 1840
ordered that the sheriff summon the following Jurors to attend at the
next superior Co. of Law to wit
1. James Murphy 19. Samuel HarriSs
2. Leroy Mitchell 20. John Baker Sr
3. James Cooke 21. Anthony Winston
4. Thomas Haverston 22. William Jackson
5. William H Edwards 23. Wilson Bolton
[scratched-Benjamin]
6. Edward S. Fowlkes 23.[sic] Henry S. Jones
7. Thomas Stokes 24. John H. Brodin
8. Peyton I Brown [scratched 25. Kinchen Bledsoe]
9. Samuel Perry 25. Archd. W. Pearce
10. Joseph J. Lancaster 26. James Musky[?]
11. Benjamin Baker 27. Hartwell Hight
12. Jeremiah Odum 28. Bennett H. Leonard
13. John Bell 29. Wilson Gay
14. Littleton Edwards 30. Clifton Coleman[?]
15. Thomas Cope 31. James Perry , LR
16. Everett Pearce 32. Thomas Gupton
17. Frederick Leonard Sen. 33. David M. Lewis
18. Jno. M Earls 34. Arcd. S Fuller
35. James Baker Jr.
36. Simon Williams
-----
ordered that John Allgood a witneSs on behalf of the state against
William Dickinson[or Dickerson] be allowed $4.70 & that the sheriff
pay the same
-----
ordered that Gideon Glenn, Jordan Denson, Jones Cooke & William P.
Williams be appointed commiSsioner to audit the accnts of Richard
Ward & Presley C. Person Excrs of Simon Green decd. & report to this
or next court.
[end of page]
[end of excerpt]